Vol. 86 Wednesday, No. 30 February 17, 2021

Pages 9837–10006

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 86, No. 30

Wednesday, February 17, 2021

Editorial Note: The printed version of the Federal Register National Study To Inform the 21st Century Community Table of Contents for February 10, 2021, included two Learning Centers Program, 9915–9916 entries, ‘‘Designation as a Foreign Terrorist Organization; Revocation: Ansarallah (and Other Aliases),’’ and Energy Department ‘‘Designation as a Global Terrorist; Revocation: Ansarallah, See Federal Energy Regulatory Commission Abdul Malik al-Houthi, Abd al-Khaliq Badr al-Din al- NOTICES Houthi, and Abdullah Yahya al Hakim (and their Agency Information Collection Activities; Proposals, Respective Aliases),’’ under the State Department. These Submissions, and Approvals, 9916–9920 documents did not publish in the February 10, 2021, issue Environmental Protection Agency of the Federal Register. RULES Agriculture Department Air Quality State Implementation Plans; Approvals and See Foreign Agricultural Service Promulgations: Approval of Source-Specific Air Quality Implementation Bureau of Consumer Financial Protection Plans; New Jersey, 9857–9859 RULES Final Approval of State Underground Storage Tank Program Higher-Priced Mortgage Loan Escrow Exemption Revisions: (Regulation Z), 9840–9857 Indiana, 9879–9883 Ocean Dumping: Census Bureau Modification of an Ocean Dredged Material Disposal Site NOTICES Offshore of Humboldt Bay, California, 9873–9879 Agency Information Collection Activities; Proposals, Pesticide Tolerances: Submissions, and Approvals: Clopyralid, 9859–9862 Manufacturers’ Unfilled Orders Survey, 9907–9908 Emamectin Benzoate, 9866–9868 Fluxametamide, 9862–9866 Centers for Disease Control and Prevention Orthosulfamuron, 9869–9872 PROPOSED RULES NOTICES Air Quality State Implementation Plans; Approvals and Temporary Exception From Expulsion of Unaccompanied Promulgations: Noncitizen Children Pending Forthcoming Public Idaho: Logan Utah-Idaho Fine Particulate Matter Health Determination, 9942 Redesignation to Attainment and Maintenance Plan, Civil Rights Commission 9884–9893 NOTICES Final Approval of State Underground Storage Tank Program Meetings: Revisions: Arizona Advisory Committee, 9907 Indiana, 9893–9894 NOTICES Missouri Advisory Committee, 9906–9907 Access by Contractors to Information Claimed as Commerce Department Confidential Business Information, 9926–9928 Receipt of Requests To Voluntarily Cancel Certain Pesticide See Census Bureau Registrations, 9928–9932 See Foreign-Trade Zones Board Requests To Voluntarily Cancel Certain Pesticide See International Trade Administration Registrations, 9932–9934 See National Oceanic and Atmospheric Administration Federal Aviation Administration Comptroller of the Currency NOTICES NOTICES Meetings: Agency Information Collection Activities; Proposals, Commercial Space Transportation Advisory Committee, Submissions, and Approvals: 9990–9991 Debt Cancellation Contracts and Debt Suspension Agreements, 9994–9996 Federal Communications Commission PROPOSED RULES Consumer Product Safety Commission Call Authentication Trust Anchor, 9894–9901 NOTICES Provisional Acceptance of a Settlement Agreement and Federal Deposit Insurance Corporation Order: NOTICES Cybex International, Inc., 9911–9914 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9934–9938 Education Department NOTICES Federal Energy Regulatory Commission Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Application: National Assessment of Educational Progress 2021 School Green Mountain Power Corp.; City of Somersworth, NH, Survey, 9914–9915 9924–9925

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LA Storage, LLC, 9921–9923 Institute of Museum and Library Services Walden Hydro, LLC, 9923–9924 NOTICES Combined Filings, 9920–9921, 9925–9926 Agency Information Collection Activities; Proposals, Effectiveness of Exempt Wholesale Generator Status: Submissions, and Approvals: Beowawe Power, LLC; Cameron Ridge, LLC; Cameron Generic Clearance To Conduct Pre-Testing of Surveys, Ridge II, LLC; et al., 9926 9956 Meetings: Federal Financial Institutions Examination Council National Museum and Library Services Board, 9956–9957 NOTICES Standardized Instructions and Format To Be Used for Interior Department Interim and Final Progress Reporting, 9938 See National Park Service

Federal Railroad Administration Internal Revenue Service NOTICES NOTICES Application: Agency Information Collection Activities; Proposals, Approval of Discontinuance or Modification of a Railroad Submissions, and Approvals, 9996–10004 Signal System, 9991–9993 Agency Information Collection Activities; Proposals, Petition for Waiver of Compliance, 9993–9994 Submissions, and Approvals: Salary Reduction Simplified Employee Pension- Federal Reserve System Individual Retirement Accounts Contribution RULES Agreement, 10002 Loans to Executive Officers, Directors, and Principal Shareholders of Member Banks, 9837–9840 International Trade Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Determination in the Less-Than-Fair-Value Investigation: Submissions, and Approvals, 9938–9941 Certain Aluminum Foil From the Republic of Armenia, Brazil, the Sultanate of Oman, the Russian Federal Retirement Thrift Investment Board Federation, and the Republic of Turkey, 9909 NOTICES Meetings: International Trade Commission Board Meeting, 9941–9942 NOTICES Investigations; Determinations, Modifications, and Rulings, Food and Drug Administration etc.: NOTICES Certain Lithium Ion Batteries, Battery Cells, Battery Meetings: Modules, Battery Packs, Components Thereof, and Cellular, Tissue and Gene Therapies Advisory Processes Therefor, 9952–9953 Committee, 9943–9944 Wood Mouldings and Millwork Products From China, Withdrawal of Drug Products From Sale for Reasons Other 9951–9952 than Safety or Effectiveness: NYMALIZE (nimodipine), Oral Solution, 3 Milligrams/ Labor Department Milliliter, 9944–9945 NOTICES Agency Information Collection Activities; Proposals, Foreign Agricultural Service Submissions, and Approvals: NOTICES Federal Employees’ Compensation Act Medical Reports Agency Information Collection Activities; Proposals, and Compensation Claims, 9953 Submissions, and Approvals, 9905–9906 Gain Handling Facilities Standard, 9955 Rehabilitation Action Report, 9954–9955 Foreign-Trade Zones Board Workforce Innovation and Opportunity Act Common NOTICES Performance Reporting, 9953–9954 Application for Subzone: Celgene Corp., Foreign-Trade Zone 49, Newark, NJ, 9908– National Credit Union Administration 9909 NOTICES Authorization of Production Activity: Meetings; Sunshine Act, 9955–9956 Tricida Inc.; Foreign-Trade Zone 176; Rockford, IL, 9909 National Foundation on the Arts and the Humanities Health and Human Services Department See Institute of Museum and Library Services See Centers for Disease Control and Prevention See Food and Drug Administration National Institutes of Health See National Institutes of Health NOTICES Meetings: Homeland Security Department Center for Scientific Review, 9945–9946 NOTICES National Institute of Mental Health, 9946 Agency Information Collection Activities; Proposals, National Institute on Alcohol Abuse and Alcoholism, Submissions, and Approvals: 9946–9947 Cybersecurity and Infrastructure Security Agency Visitor National Toxicology Program: Request Form, 9949–9950 Draft Technical Reports on Sodium Tungstate Dihydrate, SAFECOM Nationwide Surveys Generic Clearance, 9948– Di-n-butyl phthalate, and Di(2–ethylhexyl) Phthalate, 9949 9947–9948

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National Oceanic and Atmospheric Administration New York Stock Exchange, LLC, 9978–9985 PROPOSED RULES The Depository Trust Co., 9968–9972 Fisheries of the Northeastern United States: The Nasdaq Stock Market, LLC, 9972–9976 Atlantic Surfclam and Ocean Quahog Fisheries; Proposed 2021–2026 Fishing Quotas, 9901–9904 State Department NOTICES NOTICES Determination of Overfishing or an Overfished Condition, Notifications to the Congress of Proposed Commercial 9910 Export Licenses, 9985–9990 Meetings: Western Pacific Fishery Management Council, 9910–9911 Transportation Department See Federal Aviation Administration National Park Service See Federal Railroad Administration NOTICES National Register of Historic Places: Treasury Department Pending Nominations and Related Actions, 9950–9951 See Comptroller of the Currency See Internal Revenue Service National Science Foundation NOTICES Veterans Affairs Department Meetings: NOTICES Business and Operations Advisory Committee, 9957 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Peace Corps Application in Acquiring Specially Adapted Housing or NOTICES Special Home Adaptation Grant, 10006 Agency Information Collection Activities; Proposals, Certification of School Attendance––Restored Entitlement Submissions, and Approvals, 9957 Program for Survivors, 10005 Lender’s Staff Appraisal Reviewer Application, 10005– Personnel Management Office 10006 NOTICES Report of Income From Property of Business, 10004– Agency Information Collection Activities; Proposals, 10005 Submissions, and Approvals: Restored Entitlement Program for Survivors Annual Application To Participate as a Carrier, 9957–9958 Eligibility Report, 10004 Postal Regulatory Commission NOTICES Public Inquiry, 9958–9963 Reader Aids Consult the Reader Aids section at the end of this issue for Securities and Exchange Commission phone numbers, online resources, finding aids, and notice NOTICES of recently enacted public laws. Application: To subscribe to the Federal Register Table of Contents Blue Tractor ETF Trust and Blue Tractor Group, LLC, electronic mailing list, go to https://public.govdelivery.com/ 9976–9978 accounts/USGPOOFR/subscriber/new, enter your e-mail Self-Regulatory Organizations; Proposed Rule Changes: address, then follow the instructions to join, leave, or MEMX, LLC, 9963–9968 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.

12 CFR 215...... 9837 1026...... 9840 40 CFR 52...... 9857 180 (4 documents) ...... 9859, 9862, 9866, 9869 228...... 9873 281...... 9879 Proposed Rules: 52...... 9884 81...... 9884 281...... 9893 47 CFR Proposed Rules: 64...... 9894 50 CFR Proposed Rules: 648...... 9901

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Rules and Regulations Federal Register Vol. 86, No. 30

Wednesday, February 17, 2021

This section of the FEDERAL REGISTER Constitution Avenue NW, Washington, containment measures (COVID event). contains regulatory documents having general DC 20551. Although the CARES Act specified that applicability and legal effect, most of which All public comments will be made the PPP would end on June 30, 2020, it are keyed to and codified in the Code of available on the Board’s website at was later extended to August 8, 2020.1 Federal Regulations, which is published under http://www.federalreserve.gov/ On December 27, 2020, the President 50 titles pursuant to 44 U.S.C. 1510. generalinfo/foia/ProposedRegs.cfm as signed into law the Consolidated The Code of Federal Regulations is sold by submitted, unless modified for technical Appropriations Act, 2021 the Superintendent of Documents. reasons or to remove personally (Appropriations Act), which further identifiable information at the extended the PPP to March 31, 2021.2 commenter’s request. Accordingly, The Appropriations Act also created FEDERAL RESERVE SYSTEM comments will not be edited to remove ‘‘PPP second draw loans,’’ which are any identifying or contact information. substantially similar to the PPP loans 12 CFR Part 215 Public comments also may be viewed that have been made to date.3 electronically or in paper form in Room [Regulation O; Docket No. R–1740] Regulation O sets forth quantitative 146, 1709 New York Avenue NW, and qualitative requirements for loans 4 RIN 7100–AG 10 Washington, DC 20006, between 9:00 made by a bank to its directors, a.m. and 5:00 p.m. on weekdays. executive officers, and principal Loans to Executive Officers, Directors, FOR FURTHER INFORMATION CONTACT: shareholders, as well as to any and Principal Shareholders of Member Benjamin McDonough, Associate companies owned by such persons Banks General Counsel, (202) 452–2036, (collectively, insiders).5 Regulation O Alison Thro, Deputy Associate General also sets forth procedural and AGENCY: Board of Governors of the Counsel, (202) 452–3236, Dan Hickman, recordkeeping requirements for loans by Federal Reserve System (Board). Senior Counsel, (202) 973–7432, Josh banks to their insiders. These ACTION: Interim final rule with request Strazanac, Senior Attorney, (202) 452– requirements normally would apply to for comment. 2457, Jasmin Keskinen, Attorney, (202) PPP loans made by banks to the small 475–6650, Legal Division; or Anna Lee businesses owned by their insiders. In SUMMARY: On April 17 and July 15, Hewko, Associate Director, (202) 530– some cases, the restrictions in 2020, the Board issued two interim final 6360, Juan Climent, Assistant Director, Regulation O could delay or entirely rules to except certain loans made (202) 872–7526, (202) 452–5239, prohibit a bank from making a PPP loan through June 30 and August 8, 2020, Kathryn Ballintine, Manager, (202) 452– to such a business. This could be respectively, that are guaranteed under 2555, Rebecca Zak, Lead Financial particularly challenging in small the Small Business Administration’s Institution Policy Analyst, (202) 912– communities where bank insiders often Paycheck Protection Program from the 7995, Eusebius Luk, Senior Financial own small businesses and there are few requirements of section 22(h) of the Policy Analyst I, (202) 452–2874, alternative lenders. Federal Reserve Act and the Board’s Division of Supervision and Regulation; On April 17, 2020, the Board issued Regulation O. The Board is issuing this Board of Governors of the Federal an exception to section 22(h) of the interim final rule to further extend this Reserve System, 20th Street and Federal Reserve Act 6 and the relief to PPP loans, including PPP Constitution Avenue NW, Washington, corresponding provisions of Regulation second draw loans, made through DC 20551. Users of Telecommunication O for PPP loans made to insiders that March 31, 2021. Device for Deaf (TDD) only, call (202) would not be prohibited from receiving DATES: This interim final rule is 263–4869. a PPP loan under the Small Business effective February 17, 2021. Comments SUPPLEMENTARY INFORMATION: Administration (SBA) lending on the interim final rule must be received no later than April 5, 2021. Table of Contents 1 Prioritized Paycheck Protection Program Act, S. ADDRESSES: You may submit comments, I. Background 4116, 116th Cong. section 1 (2020). 2 II. The Interim Final Rule Consolidated Appropriations Act, 2021, H.R. identified by Docket No. R–1740 and 133, 116th Cong. section 323 (2020). RIN 7100 AG 10, by any of the following III. Administrative Law Matters 3 A. Administrative Procedure Act Consolidated Appropriations Act, 2021, H.R. methods: 133, 116th Cong. section 311. B. Paperwork Reduction Act • Agency Website: http:// 4 Sections 22(g) and 22(h), and Regulation O, C. Regulatory Flexibility Act www.federalreserve.gov. Follow the apply to all banks that are members of the Federal D. Riegle Community Development and Reserve System. Other federal law subjects federally instructions for submitting comments at Regulatory Improvement Act of 1994 insured state non-member banks and insured https://www.federalreserve.gov/ E. Use of Plain Language savings associations to sections 22(g) and 22(h) in generalinfo/foia/ProposedRegs.cfm. the same manner and to the same extent as if they • Email: regs.comments@ I. Background were member banks. 12 U.S.C. 1828(j) (non-member banks); 12 U.S.C. 1468(b) (savings associations); 12 federalreserve.gov. Include docket and On March 27, 2020, the President CFR 337.3 (state non-member banks and state RIN numbers in the subject line of the signed into law the Coronavirus Aid, savings associations); 12 CFR 31.2 (national banks message. Relief, and Economic Security (CARES) and federal savings associations). Accordingly, any • Fax: (202) 452–3819 or (202) 452– Act which, among other things, created reference to ‘‘bank’’ in this notice applies to all 3102. the Paycheck Protection Program (PPP) member banks and institutions subject to sections • 22(g) and 22(h) in the same manner and to the same Mail: Ann E. Misback, Secretary, to facilitate lending to small businesses extent as member banks. Board of Governors of the Federal affected by the outbreak of COVID–19 5 See generally 12 CFR part 215. Reserve System, 20th Street and and imposition of associated 6 12 U.S.C. 375b.

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restrictions (original IFR).7 The II. The Interim Final Rule or PPP second draw loan by the SBA exception was intended to facilitate lending restrictions. lending by banks to a broad range of Section 22(h) authorizes the Board to This interim final rule does not except small businesses within their adopt, by regulation, exceptions to the a PPP loan or PPP second draw loan communities, consistent with applicable definition of ‘‘extension of credit’’ in from other restrictions that may apply to law and safe and sound banking section 22(h) for transactions that ‘‘pose the loan, including section 22(g) of the 10 practices. The exception applied only to minimal risk.’’ Therefore, the Board Federal Reserve Act or section 215.5 of PPP loans made by June 30, 2020, the may except PPP loans and PPP second Regulation O.15 This determination also original date on which the PPP was set draw loans from the restrictions in does not affect application of SBA to expire. The Board extended the section 22(h) and the corresponding lending restrictions to a PPP loan or PPP exception after Congress extended the provisions of Regulation O upon a second draw loan. The SBA has stated PPP.8 determination that such loans pose that ‘‘[f]avoritism by [a PPP] [l]ender in The Board received a dozen minimal risk. processing time or prioritization of [a] comments in response to the IFRs it The Board determined in the original director’s or equity holder’s PPP issued in April and July from one trade IFR that PPP loans pose minimal risk.11 application is prohibited.’’ 16 The Board association, several small businesses, Among other things, this determination will administer the interim final rule and several individuals. Most of the relieved member banks from ensuring accordingly. comments expressed support for the that PPP loans made to certain insiders Question 1: Are there any additional Board’s relief, indicating that it would complied with the qualitative, terms or conditions that should apply to bolster the effectiveness of the PPP in quantitative, and procedural the exception? Why? providing support to small businesses. requirements set forth in section 22(h) Question 2: Based on the experience Several raised issues related to the terms and Regulation O. The Appropriations with the PPP program, what, if any, and administration of the PPP. One Act did not change any of the features terms or conditions for PPP second draw commenter asserted that no bank of PPP loans on which the Board relied loans would make it unreasonable for executives should receive loans from in the original IFR to determine that PPP such loans to be exempted from the their banks in excess of $15,000 because loans pose minimal risk. Moreover, requirements of section 22(h)? executives could take advantage of their under the Appropriations Act, PPP banks to the detriment of depositors. second draw loans have the same III. Administrative Law Matters In response to comments about the features as PPP loans, except that fewer A. Administrative Procedure Act terms and administration of the PPP, the borrowers are eligible for PPP second Board notes that the SBA is the agency draw loans as for PPP loans.12 The Board is issuing the interim final responsible for setting forth the Accordingly, for the same reasons cited rule without prior notice and the requirements and administering the in the original IFR, the Board has opportunity for public comment and the program. Any comments concerning determined that PPP loans and PPP delayed effective date ordinarily those matters are properly addressed to second draw loans appear to pose prescribed by the Administrative 17 the SBA. Regarding one commenter’s minimal risk to bank safety and Procedure Act (APA). Pursuant to suggestion that no executive should be soundness.13 section 553(b)(B) of the APA, general able to borrow more than $15,000 from notice and the opportunity for public its banks because executives could exert SBA lending restrictions continue to comment are not required with respect undue influence and cause harm to a apply to certain PPP loans and PPP to a rulemaking when an ‘‘agency for bank, the Board notes that PPP loans second draw loans that also would be good cause finds (and incorporates the have standardized terms and are fully subject to section 22(h) and the finding and a brief statement of reasons guaranteed as to principal and interest corresponding provisions of Regulation therefor in the rules issued) that notice 14 by the U.S. government. Accordingly, a O. Excepting loans that would be and public procedure thereon are bank may not amend the terms of a PPP prohibited by the SBA lending impracticable, unnecessary, or contrary loan to be unduly favorable to an restrictions from the requirements of to the public interest.’’ 18 executive and the bank is unlikely to section 22(h) and the corresponding The Board believes that the public suffer a loss because of the loan provisions in Regulation O would not interest is best served by implementing guarantee. The Board also notes that the achieve any meaningful regulatory the interim final rule immediately in relief only extends to insiders who purpose. Excepting these loans from one light of the short timeframe for would not be prohibited from receiving regime and not the other also may create execution of the renewed PPP mandated a PPP loan by the SBA’s lending confusion because some lenders may by the Appropriations Act. Accordingly, restrictions, which currently prohibit an mistakenly interpret an exception under the Board finds that there is good cause ‘‘officer’’ from receiving a PPP loan from one regime to extend to both regimes. consistent with the public interest to his or her bank.9 Accordingly, the exception continues to issue the rule without advance notice The Board is issuing this interim final apply only for insiders that would not and comment.19 rule to extend the exception to PPP be prohibited from receiving a PPP loan The APA also requires a 30-day loans made through March 31, 2021, delayed effective date, except for (1) and to PPP second draw loans. 10 12 U.S.C. 375b(9)(D)(ii). substantive rules which grant or 11 85 FR 22346. recognize an exemption or relieve a 7 12 For example, only borrowers who already have ‘‘Loans to Executive Officers, Directors, and restriction; (2) interpretative rules and Principal Shareholders of Member Banks,’’ 85 FR received a PPP loan may obtain a PPP second draw 22345 (Apr. 22, 2020)). loan. PPP Second draw loans also are only available statements of policy; or (3) as otherwise 8 ‘‘Loans to Executive Officers, Directors, and to employers with 300 or fewer employees. provided by the agency for good Principal Shareholders of Member Banks,’’ 85 FR Consolidated Appropriations Act, 2021, H.R. 133, 43119 (July 16, 2020)). 116th Cong. section 311. 15 12 U.S.C. 375a; 12 CFR 215.5. 9 13 85 FR 22345, 22346 (Apr. 22, 2020); 85 FR 13 CFR 120.110 (prohibiting an ‘‘Associate’’ of 16 a lender from receiving a loan made by the lender 43119, 43119–20 (July 16, 2020). Id. at 14–15. pursuant to section 7(a) of the Small Business Act); 14 Business Loan Program Temporary Changes; 17 5 U.S.C. 553. 13 CFR 120.10 (defining ‘‘Associate of a Lender’’ to Paycheck Protection Program as Amended by the 18 5 U.S.C. 553(b)(B). include ‘‘an officer’’). Economic Aid Act, 86 FR 3712 (Jan. 6, 2021). 19 5 U.S.C. 553(b)(B); 553(d)(3).

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cause.20 Because the rules relieve a concluded that the RFA’s requirements in all proposed and final rules restriction by providing an exception to relating to initial and final regulatory published after January 1, 2000. The the definition of ‘‘extension of credit’’ in flexibility analysis do not apply. Board has sought to present the interim section 22(h) and Regulation O, the Nevertheless, the Board seeks final rule in a simple and interim final rule is exempt from the comment on whether, and the extent to straightforward manner. The Board APA’s delayed effective date which, the interim final rule would invites comments on whether there are requirement.21 affect a significant number of small additional steps it could take to make While the Board believes that there is entities. the rule easier to understand. For good cause to issue the rule without D. Riegle Community Development and example: advance notice and comment and with • Regulatory Improvement Act of 1994 Have we organized the material to an immediate effective date, the Board suit your needs? If not, how could this is interested in the views of the public Pursuant to section 302(a) of the material be better organized? and requests comment on all aspects of Riegle Community Development and • Are the requirements in the the interim final rule. Regulatory Improvement Act regulation clearly stated? If not, how (RCDRIA),24 in determining the effective could the regulation be more clearly B. Paperwork Reduction Act date and administrative compliance stated? The Paperwork Reduction Act (44 requirements for new regulations that • Does the regulation contain U.S.C. 3501–3521) (PRA) states that no impose additional reporting, disclosure, language or jargon that is not clear? If agency may conduct or sponsor, nor is or other requirements on insured so, which language requires the respondent required to respond to, depository institutions (IDIs), the federal clarification? an information collection unless it banking agencies must consider, • Would a different format (grouping displays a currently valid OMB control consistent with the principle of safety and order of sections, use of headings, number. On June 15, 1984, OMB and soundness and the public interest, paragraphing) make the regulation delegated to the Board authority under any administrative burdens that such easier to understand? If so, what the PRA to approve and assign OMB regulations would place on depository changes to the format would make the control numbers to collections of institutions, including small depository regulation easier to understand? information conducted or sponsored by institutions, and customers of • What else could we do to make the the Board, as well as the authority to depository institutions, as well as the regulation easier to understand? temporarily approve a new collection of benefits of such regulations. In addition, information without providing section 302(b) of RCDRIA requires new List of Subjects in 12 CFR Part 215 opportunity for public comment if the regulations and amendments to Credit, Penalties, Reporting and Board determines that a change in an regulations that impose additional Recordkeeping requirements. existing collection must be instituted reporting, disclosures, or other new Authority and Issuance quickly and that public participation in requirements on IDIs generally to take the approval process would defeat the effect on the first day of a calendar For the reasons stated in the purpose of the collection or quarter that begins on or after the date preamble, the Board of Governors of the substantially interfere with the Board’s on which the regulations are published Federal Reserve System amends 12 CFR ability to perform its statutory in final form, with certain exceptions, chapter II as follows: obligation. including for good cause.25 The Board This interim final rule does not believes that the public interest is best PART 215—LOANS TO EXECUTIVE contain any collections of information served by implementing the interim OFFICERS, DIRECTORS, AND subject to the PRA. final rule immediately. As discussed in PRINCIPAL SHAREHOLDERS OF the original IFR, the COVID event has MEMBER BANKS (REGULATION O) C. Regulatory Flexibility Act disrupted economic activity in the ■ The Regulatory Flexibility Act 1. The authority citation for part 215 United States and other countries. The is revised to read as follows: (RFA) 22 requires an agency to consider magnitude and persistence of the whether the rules it proposes will have COVID event on the economy remain Authority: 12 U.S.C. 248(a), 375a(10), a significant economic impact on a uncertain. In light of the substantial 375b(9) and (10), 1468, 1817(k), 5412; and substantial number of small entities.23 disruptions in the economy, and the Pub. L. 102–242, 105 Stat. 2236 (1991) (12 U.S.C. 1811 note). The RFA applies only to rules for which likelihood that this interim final rule an agency publishes a general notice of would help ameliorate those disruptions ■ 2. In § 215.3, revise paragraphs proposed rulemaking pursuant to 5 by promoting lending to small (b)(8)(i) through (iii) to read as follows: U.S.C. 553(b). As discussed previously, businesses, the Board finds good cause § 215.3 Extension of credit. consistent with section 553(b)(B) of the exists under section 302 of RCDRIA to APA, the Board has determined for good publish this interim final rule with an * * * * * cause that general notice and immediate effective date. (b) * * * opportunity for public comment are As such, the interim final rule will be (8) * * * unnecessary, and therefore the Board is effective immediately on publication. (i) Made pursuant to the ‘‘Paycheck not issuing a notice of proposed Nevertheless, the Board seeks comment Protection Program’’ in which the rulemaking. Accordingly, the Board has on RCDRIA. participation by the Small Business Administration on a deferred basis is 20 5 U.S.C. 553(d). E. Use of Plain Language 100 percent pursuant to section 1102 of 21 5 U.S.C. 553(d)(1). Section 722 of the Gramm-Leach- Public Law 116–136 or section 311 of 22 5 U.S.C. 601 et seq. Bliley Act 26 requires the federal Public Law 116–260; 23 Under regulations issued by the SBA, a small banking agencies to use plain language (ii) That is made during the period entity includes a depository institution, bank beginning on February 15, 2020, and holding company, or savings and loan holding company with total assets of $600 million or less 24 12 U.S.C. 4802(a). ending on March 31, 2021; and and trust companies with total assets of $41.5 25 12 U.S.C. 4802. (iii) That would not be prohibited by million or less. See 13 CFR 121.201. 26 12 U.S.C. 4809. 13 CFR 120.110(o) or rules or

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interpretations thereof issued by the and also provides for certain II. Background Small Business Administration. exemptions from this requirement.2 In A. Federal Reserve Board Escrow Rule the 2018 Economic Growth, Regulatory * * * * * and the Dodd-Frank Act Relief, and Consumer Protection Act By order of the Board of Governors of the 3 Prior to the enactment of the Dodd- Federal Reserve System, February 9, 2021. (EGRRCPA), Congress directed the Bureau to issue regulations to add a new Frank Wall Street Reform and Consumer Ann Misback, 7 exemption from TILA’s escrow Protection Act (Dodd-Frank Act), the Secretary of the Board. requirement that exempts transactions Board of Governors of the Federal [FR Doc. 2021–02966 Filed 2–16–21; 8:45 am] by certain insured depository Reserve System (Board) issued a rule 8 BILLING CODE 6210–01–P institutions and insured credit unions. requiring, among other things, the This final rule implements the establishment of escrow accounts for EGRRCPA section 108 statutory payment of property taxes and BUREAU OF CONSUMER FINANCIAL directive, removes certain obsolete text insurance for certain ‘‘higher-priced PROTECTION from the Official Interpretations to mortgage loans,’’ a category which the Regulation Z (commentary),4 and also Board defined to capture what it 9 12 CFR Part 1026 corrects prior inadvertent deletions from deemed to be subprime loans. The Board explained that this rule was [Docket No. CFPB–2020–0023] and two scrivener’s errors in existing commentary.5 intended to reduce consumer and RIN 3170–AA83 New § 1026.35(b)(2)(vi) exempts from systemic risks by requiring the subprime market to structure loans and disclose Higher-Priced Mortgage Loan Escrow the Regulation Z HPML escrow requirement any loan made by an their pricing similarly to the prime Exemption (Regulation Z) 10 insured depository institution or market. In 2010, Congress enacted the Dodd- AGENCY: Bureau of Consumer Financial insured credit union and secured by a Frank Act, which amended TILA and first lien on the principal dwelling of a Protection. transferred TILA rulemaking authority consumer if: (1) The institution has ACTION: Final rule; official and other functions from the Board to assets of $10 billion or less; (2) the interpretation. the Bureau.11 The Dodd-Frank Act institution and its affiliates originated added TILA section 129D(a), which SUMMARY: The Bureau of Consumer 1,000 or fewer loans secured by a first adopted the Board’s rule requiring that Financial Protection (Bureau) is issuing lien on a principal dwelling during the creditors establish an escrow account this final rule to amend Regulation Z, preceding calendar year; and (3) certain for higher-priced mortgage loans.12 The which implements the Truth in Lending of the existing HPML escrow exemption Dodd-Frank Act also excluded certain Act, as mandated by section 108 of the criteria are met, as described below in 6 loans, such as reverse mortgages, from Economic Growth, Regulatory Relief, part V. this escrow requirement. The Dodd- and Consumer Protection Act. The Frank Act further granted the Bureau subordinate-lien transaction. The escrow amendments exempt certain insured authority to structure an exemption depository institutions and insured requirement only applies to first-lien HPMLs. 2 based on asset size and mortgage credit unions from the requirement to 12 CFR 1026.35(b)(2)(i) and (iii). 3 Public Law 115–174, 132 Stat. 1296 (2018). lending activity for creditors operating establish escrow accounts for certain 4 As discussed in more detail in the section-by- predominantly in rural or underserved higher-priced mortgage loans. section analysis of § 1026.35(b)(2)(iv), this obsolete areas.13 In 2013, the Bureau exercised DATES: This rule is effective on February text includes, among other text, language related to this authority to exempt from the a recently issued interpretive rule. On June 23, 17, 2021. 2020, the Bureau issued an interpretive rule that escrow requirement creditors with FOR FURTHER INFORMATION CONTACT: describes the Home Mortgage Disclosure Act of under $2 billion in assets and meeting Joseph Devlin, Senior Counsel, Office of 1975 (HMDA), Public Law 94–200, 89 Stat. 1125 other criteria.14 In the Helping Expand (1975), data to be used in determining that an area Lending Practices in Rural Communities Regulations, at 202–435–7700 or https:// is ‘‘underserved.’’ 85 FR 38299 (June 26, 2020). As reginquiries.consumerfinance.gov/. If the Bureau explained in the interpretive rule, Act of 2015, Congress amended TILA you require this document in an certain parts of the methodology described in section 129D again by striking the term alternative electronic format, please comment 35(b)(2)(iv)–1.ii became obsolete because contact [email protected]. they referred to HMDA data points replaced or changes this final rule makes to the regulatory and otherwise modified by a 2015 Bureau final rule commentary text of Regulation Z. This redline is SUPPLEMENTARY INFORMATION: (2015 HMDA Final Rule). 80 FR 66128, 66256–58 posted on the Bureau’s website with the final rule. (Oct. 28, 2015). The Bureau stated that it was If any conflicts exist between the redline and the I. Summary of the Final Rule issuing the interpretive rule to supersede the text of Regulation Z or this final rule, the outdated portions of the commentary and to Regulation Z, 12 CFR part 1026, documents published in the Federal Register and identify current HMDA data points it will use to the Code of Federal Regulations are the controlling implements the Truth in Lending Act determine whether a county is underserved. 85 FR documents. (TILA), 15 U.S.C. 1601 et seq., and at 38299. In this final rule the Bureau amends the 7 Public Law 111–203, 124 Stat. 1376 (2010). comment to remove the obsolete text. includes a requirement that creditors 8 73 FR 44522 (July 30, 2008). 5 As discussed in more detail in the section-by- 9 Id. at 44532. establish an escrow account for certain section analysis of § 1026.35(b)(2)(iii), the 1 10 higher-priced mortgage loans (HPMLs), scrivener’s errors that this rule corrects were in the Id. at 44557–61. Prime market loans generally commentary from Truth in Lending Act (Regulation include an escrow account, which may make the monthly payment appear higher than for a higher- 1 12 CFR 1026.35(a) and (b). An HPML is defined Z) Adjustment to Asset-Size Exemption Threshold, priced loan that does not include an escrow in 12 CFR 1026.35(a)(1) and generally means a 85 FR 83411 (Dec. 22, 2020). account. closed-end consumer credit transaction secured by 6 When amending commentary, the Office of the 11 the consumer’s principal dwelling with an annual Federal Register requires reprinting of certain Dodd-Frank Act sections 1022, 1061, 1100A percentage rate (APR) that exceeds the average subsections being amended in their entirety rather and 1100B, 124 Stat. 1980, 2035–39, 2107–10. prime offer rate (APOR) for a comparable than providing more targeted amendatory 12 Dodd-Frank Act section 1461(a); 15 U.S.C. transaction as of the date the interest rate is set by: instructions and related text. The sections of 1639d. 1.5 percentage points or more for a first-lien commentary text included in this document show 13 Id. transaction at or below the Freddie Mac conforming the language of those sections with the changes as 14 78 FR 4726 (Jan. 22, 2013). This rule was loan limit; 2.5 percentage points or more for a first- adopted in this final rule. In addition, the Bureau subsequently amended several times, including in lien transaction above the Freddie Mac conforming is releasing an unofficial, informal redline to assist 2013 and 2015. See 78 FR 30739 (May 23, 2013) and loan limit; or 3.5 percentage points or more for a industry and other stakeholders in reviewing the 80 FR 59944 (Oct. 2, 2015).

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‘‘predominantly’’ for creditors operating closed on September 21, 2020. Twelve to prescribe regulations to carry out the in rural or underserved areas.15 commenters explicitly supported the purposes of TILA, and provides that proposed rule and four were generally such regulations may contain additional B. Economic Growth, Regulatory Relief, opposed to it. Almost all of the requirements, classifications, and Consumer Protection Act commenters who supported the rule differentiations, or other provisions, and Congress enacted the EGRRCPA in suggested one or more changes, may provide for such adjustments and 2018. In section 108 of the EGRRCPA,16 discussed below in the section-by- exceptions for all or any class of Congress directed the Bureau to conduct section analysis. The commenters were transactions, that the Bureau judges are a rulemaking to create a new exemption, individuals and individual banks and necessary or proper to effectuate the this one to exempt from TILA’s escrow credit unions, as well as State, regional purposes of TILA, to prevent requirement loans made by certain and national trade associations circumvention or evasion thereof, or to creditors with assets of $10 billion or representing banks and credit unions. facilitate compliance therewith.21 A less and meeting other criteria. There were also two anonymous purpose of TILA is ‘‘to assure a Specifically, section 108 of the comments. No community or consumer meaningful disclosure of credit terms so EGRRCPA amended TILA section organizations commented on the that the consumer will be able to 129D(c) to require the Bureau to exempt proposed rule. As discussed in more compare more readily the various credit certain loans made by certain insured detail below, the Bureau has considered terms available to him and avoid the depository institutions and insured these comments in finalizing this final uninformed use of credit.’’ 22 This stated credit unions from the TILA section rule as proposed, except that the final purpose is tied to Congress’s finding 129D(a) HPML escrow requirement. rule provides a transition period of 120 that ‘‘economic stabilization would be TILA section 129D(c)(2), as amended days, rather than the 90 days set forth enhanced and the competition among by the EGRRCPA, requires the Bureau to in the proposed rule.18 the various financial institutions and issue regulations to exempt from the other firms engaged in the extension of HPML escrow requirement any loan IV. Legal Authority consumer credit would be strengthened made by an insured depository The Bureau is issuing this final rule by the informed use of credit.’’ 23 Thus, institution or insured credit union pursuant to its authority under the strengthened competition among secured by a first lien on the principal Dodd-Frank Act and TILA. financial institutions is a goal of TILA, dwelling of a consumer if: (1) The A. Dodd-Frank Act Section 1022(b) achieved through the effectuation of institution has assets of $10 billion or TILA’s purposes. less; (2) the institution and its affiliates Section 1022(b)(1) of the Dodd-Frank Historically, TILA section 105(a) has originated 1,000 or fewer loans secured Act authorizes the Bureau to prescribe served as a broad source of authority for by a first lien on a principal dwelling rules ‘‘as may be necessary or rules that promote the informed use of during the preceding calendar year; and appropriate to enable the Bureau to credit through required disclosures and (3) certain of the existing Regulation Z administer and carry out the purposes substantive regulation of certain HPML escrow exemption criteria, or and objectives of the Federal consumer practices. Dodd-Frank Act section those of any successor regulation, are financial laws, and to prevent evasions 1100A clarified the Bureau’s section met. The Regulation Z exemption thereof.’’ 19 Among other statutes, TILA 105(a) authority by amending that criteria that the statute includes in the and title X of the Dodd-Frank Act are section to provide express authority to new exemption are: (1) The requirement Federal consumer financial laws.20 prescribe regulations that contain that the creditor extend credit in a rural Accordingly, in adopting this rule, the ‘‘additional requirements’’ that the or underserved area Bureau is exercising its authority under Bureau finds are necessary or proper to (§ 1026.35(b)(2)(iii)(A)); (2) the Dodd-Frank Act section 1022(b) to effectuate the purposes of TILA, to exclusion from exemption eligibility of prescribe rules that carry out the prevent circumvention or evasion transactions involving forward purchase purposes and objectives of TILA and thereof, or to facilitate compliance commitments (§ 1026.35(b)(2)(v)); and title X of the Dodd-Frank Act and therewith. The Dodd-Frank Act (3) the prerequisite that the institution prevent evasion of those laws. amendment clarified that the Bureau and its affiliates not maintain an escrow B. TILA has the authority to use TILA section account other than either (a) those 105(a) to prescribe requirements beyond established for HPMLs at a time when As amended by the Dodd-Frank Act, those specifically listed in TILA that the creditor may have been required by TILA section 105(a) directs the Bureau meet the standards outlined in section the HPML escrow rule to do so, or (b) 105(a). As amended by the Dodd-Frank those established after consummation as 18 The transition period is discussed in the section-by-section analysis of § 1026.35(b)(2)(iii). In Act, TILA section 105(a) authority to an accommodation to distressed addition to the comments described in the make adjustments and exceptions to the consumers (§ 1026.35(b)(2)(iii)(D)). paragraph above, three trade association requirements of TILA applies to all commenters requested that the Bureau reduce the transactions subject to TILA, except III. Summary of the Rulemaking scope of the general HPML definition by changing Process the interest rate trigger for non-jumbo first liens to with respect to the provisions of TILA 2 percent over the APOR. Because the proposed section 129 that apply to the high-cost The Bureau released a proposed rule rule did not propose to change the statutory general mortgages referred to in TILA section to implement EGRRCPA section 108 on HPML definition and doing so would affect 103(bb).24 July 2, 2020, and the proposal was regulatory provisions that are not affected by The Bureau’s authority under TILA EGRRCPA section 108 or the proposed rule, the published in the Federal Register on section 105(a) to make exceptions, 17 Bureau considers these comments beyond the scope July 22, 2020. The comment period of this rulemaking. adjustments, and additional provisions 19 12 U.S.C. 5512(b)(1). that the Bureau finds are necessary or 15 Public Law 114–94, div. G, tit. LXXXIX, section 20 Dodd-Frank Act section 1002(14), 12 U.S.C. proper to effectuate the purposes of 89003, 129 Stat. 1799, 1800 (2015). In 2016, the 5481(14) (defining ‘‘Federal consumer financial Bureau amended Regulation Z to implement this law’’ to include the ‘‘enumerated consumer laws’’ 21 change. 81 FR 16074 (Mar. 25, 2016). and the provisions of title X of the Dodd-Frank Act); 15 U.S.C. 1604(a). 16 EGRRCPA section 108, 132 Stat. 1304–05; 15 Dodd-Frank Act section 1002(12), 12 U.S.C. 22 15 U.S.C. 1601(a). U.S.C. 1639d(c)(2). 5481(12) (defining ‘‘enumerated consumer laws’’ to 23 Id. 17 85 FR 44228 (July 22, 2020). include TILA). 24 15 U.S.C. 1602(bb).

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TILA applies with respect to the Creditors and Rural or Underserved incurring the cost of starting them up. purpose of TILA section 129D. That Areas Under the Truth in Lending Act This prerequisite, however, is subject to purpose is to ensure that consumers (Regulation Z).’’ 27 two exceptions. understand and appreciate the full cost First, under § 1026.35(b)(2)(iii)(D)(2), V. Section-by-Section Analysis of home ownership. The purpose of a creditor would not lose the exemption TILA section 129D is also informed by Section 1026.35—Requirements for for providing escrow accounts as an the findings articulated in TILA section Higher-Priced Mortgage Loans accommodation to distressed consumers 129B(a) that economic stabilization to assist such consumers in avoiding 35(a) Definitions would be enhanced by the protection, default or foreclosure. The Bureau did limitation, and regulation of the terms of 35(a)(3) and (4) not propose to and is not amending this residential mortgage credit and the The escrow requirement exemption in exception. practices related to such credit, while EGRRCPA section 108 is available to Second, under ensuring that responsible and affordable ‘‘insured credit unions’’ and ‘‘insured § 1026.35(b)(2)(iii)(D)(1), the Bureau in 29 mortgage credit remains available to depository institutions.’’ Section 108 its original escrow exemption rule consumers.25 amends TILA to provide definitions for granted an exception from the non- For the reasons discussed in this these two terms, at TILA section escrowing requirement to creditors who document, the Bureau is amending 129D(i)(3) and (4). ‘‘Insured credit established escrow accounts for first- Regulation Z to implement EGRRCPA union’’ has the meaning given the term lien HPMLs on or after April 1, 2010 section 108 to carry out the purposes of in section 101 of the Federal Credit (the effective date of the Board’s original TILA and is adopting such additional Union Act (12 U.S.C. 1752), and HPML escrow rule), and before June 1, requirements, adjustments, and ‘‘insured depository institution’’ has the 2013 (the effective date of the Bureau’s exceptions as, in the Bureau’s judgment, meaning given the term in section 3 of first HPML escrow rule that included are necessary and proper to carry out the Federal Deposit Insurance Act (12 the Dodd-Frank exemption for certain the purposes of TILA, prevent U.S.C. 1813). creditors (the original escrow circumvention or evasion thereof, or to The Bureau proposed to include these exemption)). The purpose of this facilitate compliance. In developing definitions with the existing definitions exception was to avoid penalizing these aspects of the rule pursuant to its regarding HPMLs, in § 1026.35(a). No creditors that had not previously authority under TILA section 105(a), the commenters discussed these definitions provided escrow accounts but Bureau has considered: (1) The or objected to the EGRRCPA’s limitation established them specifically to comply purposes of TILA, including the of eligibility for the new exemption to with the regulation requiring escrows.30 purpose of TILA section 129D; (2) the insured credit unions and insured Over time, as the Bureau amended the findings of TILA, including depository institutions. The Bureau now HPML escrow exemption criteria and strengthening competition among adopts these definitions as proposed. made more creditors eligible, the Bureau financial institutions and promoting also extended the end date for the economic stabilization; and (3) the 35(b) Escrow Accounts exception to the non-escrowing specific findings of TILA section 35(b)(2) Exemptions requirement in § 1026.35(b)(2)(iii)(D), so 129B(a)(1) that economic stabilization that creditors that had established 35(b)(2)(iii) would be enhanced by the protection, escrow accounts in order to comply limitation, and regulation of the terms of EGRRCPA section 108 amends TILA with the Bureau’s regulations could still residential mortgage credit and the section 129D to provide that one of the benefit from the relief provided by the practices related to such credit, while requirements for the new escrow Bureau’s amendments to the exemption ensuring that responsible, affordable exemption is that an exempted criteria.31 The Bureau most recently mortgage credit remains available to transaction satisfy the criterion extended the date to May 1, 2016, consumers. previously established by the Bureau consistent with the effective date of the In addition, in previous rulemakings, and codified at Regulation Z Bureau’s latest amendment to the HPML the Bureau adopted two of the § 1026.35(b)(2)(iii)(D). Section exemption criteria.32 regulatory provisions this rule now 1026.35(b)(2)(iii)(D) establishes as a The proposed rule proposed to amend amends. In adopting those provisions, prerequisite to the exemption that a this exception again, explaining that the the Bureau relied on one or more of the creditor or its affiliate is not already dates in then-current authorities discussed above, as well as maintaining an escrow account for any § 1026.35(b)(2)(iii)(D)(1) between which other authority.26 The Bureau is extension of consumer credit secured by creditors were allowed to maintain amending these provisions in reliance real property or a dwelling that the escrow accounts for first-lien HPMLs on the same authority, as discussed in creditor or its affiliate currently without losing eligibility for the detail in the Legal Authority or section- services.28 The purpose of this exemption (April 1, 2010, until May 1, by-section analysis parts of the Bureau’s prerequisite is to limit the exemption to 2016) were necessary to allow creditors final rules titled ‘‘Escrow Requirements institutions that do not already provide to benefit fully from the existing escrow Under the Truth in Lending Act’’ and escrow accounts and thus would have to exemption. However, those same dates ‘‘Amendments Relating to Small incur the initial cost of setting up a system to provide such accounts. 29 The terms ‘‘original’’ and ‘‘existing’’ escrow 25 See 15 U.S.C. 1639b(a). Instead, only institutions that are exemption refer throughout this document to the 26 Specifically, TILA section 129D(c) authorizes regulatory exemption at § 1026.35(b)(2)(iii), either otherwise eligible for the exemption but as implemented by the January 2013 final rule or the Bureau to exempt, by regulation, a creditor from already provide escrow accounts would the requirement (in section 129D(a)) that escrow as subsequently amended through 2016. They do accounts be established for higher-priced mortgage bear the burden of providing such not refer to the exemptions or exclusions listed at loans if the creditor operates in rural or accounts, with the overall burden for § 1026.35(b)(2)(i). underserved areas, retains its mortgage loans in them being lower because they are 30 78 FR at 4738–39. 31 portfolio, does not exceed (together with all continuing to provide them rather than See, e.g., 80 FR 59944, 59968 (adjusting end affiliates) a total annual mortgage loan origination date to January 1, 2016). limit set by the Bureau, and meets any asset-size 32 See Operations in Rural Areas Under the Truth threshold, and any other criteria the Bureau may 27 See 78 FR 4726 and 80 FR 59944, 59945–46. in Lending Act (Regulation Z); Interim Final Rule, establish. 15 U.S.C. 1639(c)(1). 28 78 FR 4726, 4738–39. 81 FR 16074 (Mar. 25, 2016).

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would have caused most insured adjust to new compliance requirements affiliates, less than $10 billion in assets; depositories and insured credit unions quickly and thus the extra time would (2) had not extended any HPMLs since who would otherwise qualify under the be very important. Two other May 1, 2016; and (3) did not offer EGRRCPA’s new exemption criteria to commenters asked for a longer mortgage escrows in the normal course be ineligible for the exemption. The transition period than 90 days but did of business. Because this approach reason they would have been ineligible not specify how many days the Bureau would have restricted access to the new is that those depositories and credit should provide. None of the HPML escrow exemption to this limited unions presumably had established commenters asking for more than 90 group of institutions, the usefulness of escrows for HPMLs after May 1, 2016, days provided factual evidence of the the exemption would have been in compliance with the then-current need for more time beyond their stated extremely limited. The Bureau escrow rule’s requirements. knowledge of creditor processes. acknowledges the possibility that In the proposed rule, to assist The Bureau is amending creditors outside of the scope of the new otherwise exempt institutions to avoid § 1026.35(b)(2)(iii)(D)(1) and comments escrow exemption might become inadvertently making themselves 35(b)(2)(iii)–1.iv and (iii)(D)(1)–1 eligible for the existing escrow ineligible by establishing escrow generally as proposed, but finalizing the exemption as a result of the end-date accounts before they had heard about end date for the exception to the non- change. However, any such creditors the rule and adjusted their compliance, escrowing requirement as 120 days from were able to so during previous date the Bureau proposed to replace the May the effective date (date of publication) extensions and chose not to. Therefore, 1, 2016, end date for the exception to instead of the proposed end date of 90 the Bureau believes that few, if any, of the prerequisite against maintaining days from the effective date. The small- such creditors would actually take escrows with a new end date that was to mid-size institutions affected by the advantage of the existing escrow approximately 90 days after the effective rule may not be immediately aware of exemption during this date extension. date (proposed as the date of the change and might make themselves In addition, the Bureau’s exemption is publication in the Federal Register) of ineligible for the exemption by authorized under the Bureau’s TILA the eventual section 108 escrow establishing escrow accounts before section 105(a) authority to make exemption final rule. In addition, the they become aware of the change. With adjustments to facilitate compliance Bureau proposed to amend comment the final rule end date change, such with TILA and effectuate its purposes.35 35(b)(2)(iii)–1.iv to conform to this institutions will have 120 days to learn Modifying the date will facilitate change. of the amendment. The Bureau has no compliance with TILA for the The Bureau also proposed to amend information that extending the non- institutions that would qualify for the comment 35(b)(2)(iii)(D)(1)–1 to address escrowing date of the final rule from 90 exemption but for the previous end the date change. Comments to 120 days after the effective date date. 35(b)(2)(iii)(D)(1)–1 and (2)–1 were would harm consumers or have an Finally, in a recent annual inflation inadvertently deleted from the Code of adverse impact on industry. adjustment rulemaking, the Bureau Federal Regulations in 2019 during an The Bureau initially adopted the erroneously amended comment annual inflation adjustment rulemaking, criterion in § 1026.35(b)(2)(iii)(D) under 35(b)(2)(iii)–1.iii.E to include a and no change in interpretation of the its broad discretionary authority, set reference to the year ‘‘2019’’ rather than associated regulatory provisions was forth in 15 U.S.C. 1639d(c)(4), to the correct ‘‘2020,’’ and also erroneously intended.33 The Bureau proposed to establish ‘‘any other criteria [for the amended comment 35(b)(2)(iii)–1.iii.E.8 correct this deletion by reinserting the escrow exemption] consistent with the to include a reference to the year ‘‘2010’’ two comments back into Supplement I, purposes’’ of the escrow provisions. In rather than the correct ‘‘2021.’’ 36 The with comment 35(b)(2)(iii)(D)(1)–1 establishing the new exemption in Bureau considers these to be scrivener’s amended from its former language to EGRRCPA section 108, Congress errors that should be interpreted as reflect the date change described above incorporated as a prerequisite to the references to the year ‘‘2020’’ and and with no changes being made to new exemption the criterion in ‘‘2021’’ respectively, and the Bureau is comment 35(b)(2)(iii)(D)(2)–1. In § 1026.35(b)(2)(iii)(D) or ‘‘any successor now correcting the errors for clarity. addition, a sentence describing the regulation.’’ The Bureau interprets the definition of ‘‘affiliate’’ in comment reference to ‘‘any successor regulation’’ 35(b)(2)(iv) 35(b)(2)(iii)–1.ii.C was also to authorize it to make amendments to 35(b)(2)(iv)(A) existing § 1026.35(b)(2)(iii)(D) consistent inadvertently deleted from the Code of The proposed rule explained that with the purposes of the escrow Federal Regulations in 2019, and no existing § 1026.35(b)(2)(iv)(A)(3) 34 provisions, the same standard under change in interpretation was intended. provided that a county or census block which the provision was initially The Bureau also proposed to add the could be designated as rural using an authorized. The Bureau believes the deleted sentence back into this application process pursuant to section amendment to the end date in comment. 89002 of the Helping Expand Lending Two commenters supported the § 1026.35(b)(2)(iii)(D)(1) is consistent Practices in Rural Communities Act.37 proposed extension of the non- with the purposes of the escrow Because the provision ceased to have escrowing date to 90 days beyond the provisions to avoid disqualifying the any force or effect on December 4, 2017, effective (i.e., publication) date of the majority of institutions that otherwise the Bureau proposed to remove this rule and said they agreed with the would qualify for the new exemption. provision and make conforming changes Bureau’s concern that small institutions Without this amendment, the Bureau to § 1026.35(b)(2)(iv)(A). The Bureau might unintentionally become believes that very few insured also proposed to remove references to ineligible. Four other commenters depository institutions and insured the obsolete provision in comments requested that the Bureau allow 120 credit unions would have been able to benefit from the new escrow exemption. days instead of 90, stating that small 35 Such institutions would only have been 15 U.S.C. 1604(a). institutions often lack the resources to 36 Truth in Lending Act (Regulation Z) institutions that (1) together with their Adjustment to Asset-Size Exemption Threshold, 85 33 84 FR 1356 (Feb. 26, 2019). affiliates, had more than approximately FR 83411, 83415 (Dec. 22, 2020). 34 Id. $2 billion in assets and, without 37 129 Stat. 1799.

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35(b)(2)(iv)(A)–1.i and –2.i, as well as requirement in TILA section threshold (which the Bureau set at $2 comment 43(f)(1)(vi)–1. 129D(c)(1)(C) 40 that the exemption billion) and any other criteria the On June 23, 2020, the Bureau issued apply only to portfolio lenders.41 The Bureau may establish, consistent with an interpretive rule that describes the Bureau also reasoned that conditioning the purposes of TILA. EGRRCPA section HMDA data to be used in determining the exemption on a lack of forward 108, on the other hand, specifies an whether an area is ‘‘underserved.’’ 38 As commitments, rather than requiring that asset size threshold of $10 billion and the interpretive rule explained, certain all loans be held in portfolio, would does not expressly state that the Bureau parts of the methodology described in avoid consumers having to make can establish other criteria. (However, as comment 35(b)(2)(iv)–1.ii became unexpected lump sum payments to fund discussed above, section 108 does obsolete because they referred to HMDA an escrow account.42 appear to allow for a more data points replaced or otherwise To implement section 108, the Bureau circumscribed ability to alter certain modified by the 2015 HMDA Final Rule. proposed to add references in parameters of the new exemption by In the proposed rule, the Bureau § 1026.35(b)(2)(v) to the new exemption referencing the existing regulation ‘‘or proposed to remove as obsolete the last to make clear that the new exemption any successor regulation.’’).45 two sentences from comment would also not be available for As explained in the proposed rule, 35(b)(2)(iv)–1.ii and to remove transactions subject to forward EGRRCPA section 108 carves out a references to publishing the annual commitments of the type described in carefully circumscribed exemption rural and underserved lists in the § 1026.35(b)(2)(v). The Bureau also available to insured depository Federal Register, based on its tentative proposed to add similar references to institutions and insured credit unions conclusion that such publication does the new exemption in comment that do not pursue mortgage lending as not increase the ability of financial 35(b)(2)(v)–1 discussing ‘‘forward a major business line. Congress institutions to access the information, commitments.’’ The Bureau did not provided an asset size limit of $10 and that posting the lists on the receive comments regarding these billion, approximately eight billion Bureau’s public website is sufficient. provisions and is finalizing them as dollars above the existing escrow The Bureau did not receive comments proposed. exemption, but reduced the originations on these proposed changes to 35(b)(2)(vi) limit to 1,000 loans. § 1026.35(b)(2)(iv)(A), the related The Bureau proposed to implement changes to the official commentary, or As explained above in part I, section the EGRRCPA section 108 exemption the changes to comment 35(b)(2)(iv)– 108 of the EGRRCPA amends TILA consistent with this understanding of its 39 1. For the reasons discussed above, the section 129D to provide a new limited scope. Proposed new exemption from the HPML escrow Bureau is finalizing these amendments § 1026.35(b)(2)(vi) would have codified requirement.43 The new exemption is as proposed. the section 108 exemption by imposing narrower than the existing TILA section as a precondition a bar on its use with 35(b)(2)(v) 129D exemption in several ways, transactions involving forward EGRRCPA section 108 further amends including the following. First, the commitments, as explained above in the TILA section 129D to provide that one section 108 exemption is limited to discussion of the forward commitments of the requirements for the new escrow insured depositories and insured credit provision, § 1026.35(b)(2)(v), and exemption is that an exempted loan unions that meet the statutory criteria, limiting its use to insured depository satisfy the criterion in Regulation Z whereas the existing escrow exemption institutions and insured credit unions. § 1026.35(b)(2)(v), a prerequisite to the applies to any creditor (including a non- original escrow exemption. Existing insured creditor) that meets its criteria. The other requirements for the § 1026.35(b)(2)(v) provides that, unless Second, the originations limit in the exemption would have been otherwise exempted by § 1026.35(b)(2), section 108 exemption is specified to be implemented in proposed the exemption to the escrow 1,000 loans secured by a first lien on a subparagraphs (A), (B) and (C), requirement would not be available for principal dwelling originated by an discussed below. any first-lien HPML that, at insured depository institution or Only one commenter, a national trade consummation, is subject to a insured credit union and its affiliates association, referred to the proposal’s commitment to be acquired by a person during the preceding calendar year. In discussion of the nature and purpose of that does not satisfy the conditions for contrast, TILA section 129D(c)(1) (as the new exemption. That commenter an exemption in § 1026.35(b)(2)(iii) (i.e., redesignated) gave the Bureau discretion agreed with the Bureau’s reading of the no forward commitment). In adopting to choose the originations limit for the statute and supported the Bureau’s the original escrow exemption, the original escrow exemption, which the implementation of the new exemption. Bureau stated that the prerequisite of no Bureau set at 500 covered transactions, To facilitate compliance, the Bureau forward commitments would and subsequently amended to 2,000 also proposed to provide three-month 46 appropriately implement the covered transactions (other than grace periods for the annually applied portfolio loans).44 Third, TILA section requirements for the EGRRCPA section 38 Bureau of Consumer Fin. Prot., Truth in 129D(c)(1) also gave the Bureau 108 escrow exemption, in Lending (Regulation Z); Determining discretion to determine any asset size § 1026.35(b)(2)(vi)(A), (B), and (C). The ‘‘Underserved’’ Areas Using Home Mortgage grace periods would allow exempt Disclosure Act Data (June 23, 2020), https:// 40 creditors to continue using the www.consumerfinance.gov/policy-compliance/ EGRRCPA section 108 redesignated this rulemaking/final-rules/truth-lending-regulation-z- paragraph. It was previously TILA section exemption for three months after they underserved-areas-home-mortgage-disclosure-act- 129D(c)(3). exceed a threshold in the previous year, data/. 41 78 FR 4726, 4741. to allow a transition period and 42 39 Although the Bureau did not receive comments Id. at 4741–42. facilitate compliance.47 The new about the specific changes regarding rural or 43 EGRRCPA section 108 designates the new underserved status discussed here, commenters did exemption as TILA section 129D(c)(2) and express concern about the general rural or redesignates the paragraph that includes the 45 TILA section 129D(c)(2)(C). underserved requirement of the new escrow existing escrow exemption, adopted pursuant to 46 See the discussion of § 1026.35(b)(2)(vi)(A) exemption. Those comments are discussed below in section 1461(a) of the Dodd-Frank Act, as TILA below for further explanation of the Bureau’s the section-by-section analysis of section 129D(c)(1). adoption of grace periods in the exemption. § 1026.35(b)(2)(vi)(C). 44 12 CFR 1026.35(b)(2)(iii)(B). 47 See 80 FR 59944, 59948–49, 59951, 59954.

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proposed exemption would have used Earners and Clerical Workers (CPI–W), concludes that the proposed grace the same type of grace periods as in the not seasonally adjusted, for each 12- periods for the asset threshold, and the existing escrow exemption at month period ending in November, with loan origination limit in § 1026.35(b)(2)(iii). rounding to the nearest million dollars. § 1026.35(b)(2)(vi)(B),51 would facilitate Three commenters supported the Two commenters opposed the $10 compliance with TILA for institutions proposed grace periods, citing billion asset threshold, arguing that that formerly qualified for the compliance uncertainty and volume and larger financial institutions should have exemption but then exceeded the asset fluctuations. Two of these access to the exemption. One of these threshold in the previous year. Those commenters discussed the general use commenters suggested that the Bureau institutions would have three months to of grace periods for the different make the exemption available to adjust their compliance management thresholds in the rule, and one financial institutions with assets of $4 systems to come into compliance and discussed the use of a grace period with billion dollars or more that originate 100 provide the required escrow accounts. the 1,000-loan threshold specifically. No or more mortgages per year. However, The grace periods would reduce commenters opposed the use of grace section 108 of the EGRRCPA specifically uncertainties caused by yearly periods. As explained further below in sets a threshold of $10 billion as a fluctuations in assets or originations and the section-by-section analysis of maximum. The comment provided no make the timing of the new and existing § 1026.35(b)(2)(vi)(A), the Bureau is now basis for the Bureau to ignore the exemptions consistent. They would also adopting the grace periods as proposed. express language of the statute in its ease the aggregate compliance burden of In addition to the three-month grace implementing regulations. the escrow provisions, consistent with periods, the proposed exemption had The existing escrow exemption at the overall purpose of the statutory other important provisions in common § 1026.35(b)(2)(iii) includes three-month amendments. with the existing escrow exemption, grace periods for determination of asset As explained in the section-by-section including the rural or underserved test, size, loan volume, and rural or analysis of § 1026.35(b)(2)(vi), all the definition of affiliates, and the underserved status. As explained above comments received that referred to grace application of the non-escrowing time in the section-by-section analysis of periods supported their use. For the period requirement. Thus, the Bureau § 1026.35(b)(2)(vi), those grace periods reasons discussed in that section-by- proposed to add new comment allow exempt creditors to continue section analysis and immediately above, 35(b)(2)(vi)–1, which cross-references using the exemption for three months the Bureau now finalizes as proposed the commentary to § 1026.35(b)(2)(iii). after they exceed a threshold in the the three-month grace period for the Specifically, proposed comment previous year, so that there will be a asset threshold provision in 35(b)(2)(vi)–1 explained that for transition period to facilitate § 1026.35(b)(2)(vi)(A). guidance on applying the grace periods compliance when they no longer qualify Congress restricted the EGRRCPA for determining asset size or transaction for the exemption.48 The use of grace section 108 exemption to insured thresholds under § 1026.35(b)(2)(vi)(A) periods therefore addresses potential depositories and credit unions with or (B), the rural or underserved concerns regarding the impact of asset assets of $10 billion or less. Although requirement, or other aspects of the size and origination volume fluctuations section 108 does not expressly state that exemption in § 1026.35(b)(2)(vi) not from year to year.49 As with the grace this figure should be adjusted for specifically discussed in the periods in the existing escrow inflation, the Bureau proposed this commentary to § 1026.35(b)(2)(vi), an exemption, the new proposed grace adjustment to effectuate the purposes of insured depository institution or period in § 1026.35(b)(2)(vi)(A) would TILA and facilitate compliance with insured credit union may, where cover applications received before April TILA. EGRRCPA section 108 appropriate, refer to the commentary to 1 of the year following the year that the specifically cites to and relies on criteria § 1026.35(b)(2)(iii). asset threshold is exceeded, and allow in the existing escrow exemption, No commenters discussed proposed institutions to continue to use their whose asset threshold is adjusted for comment 35(b)(2)(vi)–1 and its cross asset size from the year before the inflation. Furthermore, monetary reference to the commentary to previous year. threshold amounts are adjusted for § 1026.35(b)(2)(iii). For the reasons The Bureau has determined that, inflation in numerous places in discussed above, the Bureau now adopts although new TILA section Regulation Z.52 In addition, inflation the comment as proposed. 129D(c)(2)(A) does not expressly adjustment keeps the threshold value at 35(b)(2)(vi)(A) provide for a grace period, the Bureau the same level in real terms as when is justified in using the same type of EGRRCPA section 108(1)(D) amends adopted, thereby ensuring the same grace period in the new exemption as effect over time as provided for initially TILA section 129D(c)(2)(A) to provide provided for in the existing regulatory that the new escrow exemption is in the statute. Therefore, adjusting the exemption. EGRRCPA section 108 threshold value to account for inflation available only for transactions by an specifically cites to and relies on aspects insured depository or credit union that is necessary or proper under TILA of the existing regulatory exemption, section 105(a) to effectuate the purposes ‘‘has assets of $10,000,000,000 or less.’’ which uses grace periods for certain The Bureau proposed to implement this factors. In fact, section 108 incorporates 51 The Bureau also believes that the use of a grace provision in new § 1026.35(b)(2)(vi)(A) one requirement from the existing period with the rural or underserved requirement by: (1) Using an institution’s assets escrow exemption, the rural or is appropriate and the Bureau is proposing to during the previous calendar year to underserved requirement at include one by citing to existing qualify for the exemption, but allowing § 1026.35(b)(2)(iii)(A). However, because the § 1026.35(b)(2)(iii)(A), that uses a grace regulation already provides for that grace period, for a three-month grace period at the period. The Bureau believes that grace the discussion of the use of exception and beginning of a new year if the periods are authorized under its TILA adjustment authority does not list it. institution loses the exemption it section 105(a) authority.50 The Bureau 52 See, e.g., § 1026.3(b)(1)(ii) (Regulation Z previously qualified for; and (2) exemption for credit over applicable threshold), § 1026.35(c)(2)(ii) (appraisal exemption threshold); adjusting the $10 billion threshold 48 80 FR 59944, 59948–49, 59951, 59954. § 1026.6(b)(2)(iii) (CARD Act minimum interest annually for inflation using the 49 See 80 FR 7770, 7781 (Feb. 11, 2015). charge threshold); § 1026.43(e)(3)(ii)(points and fees Consumer Price Index for Urban Wage 50 15 U.S.C. 1604(a). thresholds for qualified mortgage status).

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of TILA and facilitate compliance with be counted toward the two thresholds the grace period, into the new TILA.53 The Bureau believes that for their respective exemptions. exemption. By following the EGRRCPA adjusting the threshold for inflation Four commenters discussed the and citing to the current regulation, the would facilitate compliance by allowing proposed loan-limit threshold. As Bureau proposed to include the criteria the institutions to remain exempt explained above in the section-by- for extending credit in a rural or despite inflation, and that failure to section analysis of underserved area, including the grace adjust for inflation would interfere with § 1026.35(b)(2)(vi)(A), one commenter period, in the new exemption. the purpose of TILA by reducing the suggested that the Bureau make the Four commenters stated that the final availability of the exemption over time exemption available to financial rule should exclude small manufactured to fewer institutions than the provision institutions with assets of $4 billion housing loans from the ‘‘rural or was meant to cover. dollars or more that originate 100 or underserved’’ requirement. These In order to facilitate compliance with more mortgages per year. Two commenters raised concerns that the § 1026.35(b)(2)(vi)(A), the Bureau commenters stated that the threshold cost of escrowing was taking lenders out proposed to add comment should be 2,000 loans a year, the same of this market and making these loans 35(b)(2)(vi)(A)–1. Comment as the existing escrow exemption, in less available, and they indicated that 35(b)(2)(vi)(A)–1 would explain the order to reduce costs and allow them to the requirement would interfere with method by which the asset threshold better serve their customers. However, many institutions’ ability to make will be adjusted for inflation, that the EGRRCPA section 108 specifies the appropriate use of the new exemption. assets of affiliates are not considered in 1,000 loan limit, and does not cite to the Two of these commenters suggested that calculating compliance with the 2,000 loan limit in the existing escrow the Bureau eliminate the rural or threshold (consistent with EGRRCPA exemption, even though it does cite to underserved requirement for loans section 108), and that the Bureau will the existing escrow exemption for other under $100,000, which they said would 54 publish notice of the adjusted asset requirements. In other words, generally be manufactured housing threshold each year. Congress specifically addressed this loans, as long as the lender meets all of The Bureau did not receive any issue and chose not to use the numbers the other requirements for the new comments on the proposed annual suggested by the commenters. HPML escrow exemption. The For the reasons discussed above, the inflation adjustment to the asset commenters did not provide any data or Bureau is finalizing threshold. For the reasons discussed specific information to support their § 1026.35(b)(2)(vi)(B) and comment above, the Bureau now is finalizing this statements. 35(b)(2)(vi)(B)–1 as proposed. provision and comment 35(b)(2)(vi)(A)– The rural or underserved provision is 1 as proposed. 35(b)(2)(vi)(C) a TILA statutory requirement 35(b)(2)(vi)(B) EGRRCPA section 108 requires that, incorporated in the existing regulatory in order to be eligible for the new exemption.55 EGRRCPA section 108 EGRRCPA section 108 limits use of its exemption, an insured depository expressly cites to and adopts this escrow exemption to insured institution or insured credit union must, requirement,56 and the proposed rule depositories and insured credit unions among other things, satisfy the criteria proposed to do the same. The Bureau that, with their affiliates, ‘‘during the in § 1026.35(b)(2)(iii)(A) and (D), or any does not believe that partial elimination preceding calendar year . . . originated successor regulation. The Bureau of this statutory requirement would 1,000 or fewer loans secured by a first proposed to implement these implement EGRRCPA section 108 lien on a principal dwelling.’’ This requirements in new appropriately. Furthermore, the threshold is half the limit in the existing § 1026.35(b)(2)(vi)(C). statutory EGRRCPA provision did not regulatory exemption and does not Section 1026.35(b)(2)(iii)(A) requires differentiate between manufactured exclude portfolio loans from the total. that during the preceding calendar year, housing and other real estate, the The Bureau proposed to implement or, if the application for the transaction Bureau’s proposal did not discuss the the 1,000-loan threshold in new was received before April 1 of the rule’s potential effects on manufactured § 1026.35(b)(2)(vi)(B), with a three- current calendar year, during either of housing loans, and the proposal did not month grace period similar to the one the two preceding calendar years, a consider or include a loan amount based provided in proposed creditor has extended a covered carve-out. The commenters did not § 1026.35(b)(2)(vi)(A) and the ‘‘rural or transaction, as defined by provide any evidence that Congress underserved’’ requirement in proposed § 1026.43(b)(1), secured by a first lien on intended a carve-out targeted at § 1026.35(b)(2)(vi)(C) (discussed in more a property that is located in an area that manufactured housing as they propose, detail in the relevant section-by-section is either ‘‘rural’’ or ‘‘underserved,’’ as and such a carve-out could affect the analysis below). (For the Bureau’s set forth in § 1026.35(b)(2)(iv). As existing escrow exemption if adopted reasoning regarding the adoption of discussed above in the section-by- fully. Moreover, these commenters did grace periods with the new exemption, section analysis of not provide data demonstrating that the see the section-by-section analyses of § 1026.35(b)(2)(vi)(A), the current escrow requirement interferes with the § 1026.35(b)(2)(vi) and (vi)(A) above.) regulation includes a three-month grace availability of manufactured housing There are important differences period at the beginning of a calendar loans, and the Bureau does not have between the 2,000-loan transaction year to allow a transition period for such data. For these reasons, the Bureau threshold in existing institutions that lose the existing escrow declines to alter the rural or § 1026.35(b)(2)(iii)(B) and the 1,000-loan exemption, and EGRRCPA section 108 underserved requirement for the new transaction threshold in proposed incorporates that provision, including exemption and finalizes the provision as § 1026.35(b)(2)(vi)(B). Proposed proposed. However, the Bureau will comment 35(b)(2)(vi)(B)–1 would aid 54 A different commenter acknowledged that the continue to monitor the market compliance by explaining the statute would not allow an increase to a 2,000 loan regarding this issue. differences between the transactions to limit, but requested that the Bureau support future legislation that would do so. The Bureau generally does not take a position on pending or future 55 12 CFR 1026.35(b)(2)(iii)(A). 53 15 U.S.C. 1604(a). legislation. 56 TILA section 129D(c)(2)(C).

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Section 1026.35(b)(2)(iii)(D) of the § 1026.35(b)(2)(iii)(D) above, the Bureau exemption and relieves requirements existing escrow exemption, which proposed to change the end date of this and restrictions. EGRRCPA section 108 makes a second exclusion to accommodate the Two commenters discussed the requirement for the new exemption, new section 108 exemption. Because the proposal to make the rule effective upon generally provides that a creditor may Bureau proposed to make the final rule publication and supported it. Another not use the exemption if it or its affiliate effective upon publication in the commenter requested that the Bureau maintains an escrow account for any Federal Register (see part VI below), the extend the effective date indefinitely extension of consumer credit secured by Bureau proposed to extend the end date and study the effect of the escrow rule real property or a dwelling that the in § 1026.35(b)(2)(iii)(D)(1) to 90 days on community banks. To make the creditor or its affiliate currently after such publication. The Bureau benefits of the new EGRRCPA section services. The Bureau proposed to believed that the extra 90 days would 108 exemption available to eligible implement this requirement in help potentially exempt institutions financial institutions as soon as § 1026.35(b)(2)(vi)(C). See the section- avoid inadvertently making themselves possible, the Bureau is making this final by-section analysis of § 1026.35(b)(2)(iii) ineligible. rule effective on the date of its above for a discussion of this As explained above in regard to publication in the Federal Register. requirement and the exception to this § 1026.35(b)(2)(iii)(D)(1), the Bureau is requirement for escrows established VII. Dodd-Frank Act Section 1022(b)(2) adopting an end date for the non- between certain dates. Analysis escrowing requirement that is 120 days One mortgage lender commenter A. Overview stated that it now uses escrows often for after the effective date (i.e., publication its customers, because it did not date). The Bureau is finalizing this rule to previously qualify for an exemption Section 1026.43—Minimum Standards implement EGRRCPA section 108. See from the escrow rule. The commenter for Transactions Secured by a Dwelling the section-by-section analysis above for further stated that stopping all escrows a full description of the final rule. In would interfere with its current level of 43(f) Balloon-Payment Qualified developing the final rule, the Bureau service, and that the customer and the Mortgages Made by Certain Creditors has considered the rule’s potential lender should decide if an escrow is 43(f)(1) Exemption benefits, costs, and impacts as required appropriate for a given loan. For these by section 1022(b)(2)(A) of the Dodd- 43(f)(1)(vi) 58 reasons, the commenter suggested that Frank Act. In addition, the Bureau has consulted, or offered to consult, with the Bureau eliminate the non-escrowing As explained above in the section-by- the appropriate prudential regulators requirement from the new exemption. section analysis of and other Federal agencies, including EGRRCPA section 108 cites to and § 1026.35(b)(2)(iv)(A), the Bureau regarding consistency of this final rule adopts the non-escrowing requirement proposed to remove an obsolete with any prudential, market, or systemic in the Bureau’s existing regulation, provision from that section and remove objectives administered by such making the non-escrowing requirement references to that obsolete provision in agencies as required by section in the new exemption statutory. The comments 35(b)(2)(iv)–1.i and –2.i, as 1022(b)(2)(B) of the Dodd-Frank Act. commenter did not provide any factual well as comment 43(f)(1)(vi)–1. The or legal evidence to support its Bureau did not receive any comments B. Data Limitations and Quantification suggestion that the Bureau’s regulations on this change. For the reasons of Benefits, Costs, and Impacts not follow the statutory requirement. described in that section-by-section The discussion in this part VII relies For these reasons and the reasons analysis and immediately above, the explained above in the discussion of on information that the Bureau has Bureau now removes the obsolete obtained from industry, other regulatory § 1026.35(b)(2)(iii)(D), the Bureau language in comment 43(f)(1)(vi)–1. declines to eliminate the non-escrowing agencies, and publicly available sources. requirement in this final rule. The VI. Effective Date These sources form the basis for the Bureau will, however, continue to Bureau’s consideration of the likely monitor the market regarding this issue. The Bureau proposed that the impacts of the final rule. The Bureau The Bureau now finalizes the provision amendments included in the proposed provides the best estimates possible of as proposed, with the extension of the rule would take effect for mortgage the potential benefits and costs to end date for non-escrowing described applications received by an exempt consumers and covered persons of this below and discussed above in regard to institution on the date of the final rule’s rule given available data. However, as § 1026.35(b)(2)(iii)(D)(1). publication in the Federal Register. discussed further below in this part VII, There are two exclusions from the Under section 553(d) of the the data with which to quantify the non-escrowing requirement in the Administrative Procedure Act, the potential costs, benefits, and impacts of existing escrow exemption and that, required publication or service of a the final rule are generally limited. therefore, were proposed for the new substantive rule must be made not less In light of these data limitations, the escrow exemption. First, escrow than 30 days before its effective date analysis below generally provides a accounts established after except for certain instances, including qualitative discussion of the benefits, consummation as an accommodation to when a substantive rule grants or costs, and impacts of the final rule. distressed consumers to assist such recognizes an exemption or relieves a consumers in avoiding default or restriction.57 The final rule will grant an 58 Specifically, section 1022(b)(2)(A) of the Dodd- foreclosure are excluded from this exemption from a requirement to Frank Act requires the Bureau to consider the provide escrow accounts for certain potential benefits and costs of the regulation to prohibition. In addition, escrow consumers and covered persons, including the accounts established between certain HPMLs and relieve a restriction against potential reduction of access by consumers to dates during which the creditor would providing certain HPMLs without such consumer financial products and services; the have been required to provide escrows accounts. The final rule is therefore a impact of proposed rules on insured depository substantive rule that grants an institutions and insured credit unions with less to comply with the regulation are also than $10 billion in total assets as described in excluded. As explained in the section- section 1026 of the Dodd-Frank Act; and the impact by-section analysis of 57 5 U.S.C. 553(d). on consumers in rural areas.

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General economic principles and the mainly on those entities that are not they could engage in while maintaining Bureau’s expertise in consumer currently exempt and will become the exemption is limited. The impact of financial markets, together with the exempt under the final rule. The Bureau this final rule on such institutions that limited data that are available, provide estimates that in the 2019 HMDA data are not exempt and would remain not insight into these benefits, costs, and there are 154 insured depositories or exempt, or that are already exempt, will impacts. insured credit unions with assets likely be very small. The impact of this between $2 billion and $10 billion that final rule on consumers with HPMLs C. Baseline for Analysis originated at least one mortgage in a from institutions that are not exempt In evaluating the potential benefits, rural or underserved area and originated and will remain not exempt, or that are costs, and impacts of the final rule, the fewer than 1,000 mortgages secured by already exempt, will also likely be very Bureau takes as a baseline the existing a first lien on a primary dwelling, and small. Therefore, the analysis in this regulations requiring the establishment as a result are likely to be impacted by part VII.D focuses on entities that will of escrow accounts for certain HPMLs the final rule. Together, these be affected by the final rule and and the existing exemption from these institutions reported originating 120,904 consumers at those entities. Because few regulations. The final rule will create a mortgages in 2019. The Bureau entities are likely to be affected by the new exemption so that some entities estimates that less than 3,000 of these final rule, and these entities originate a that are currently subject to the were HPMLs.60 relatively small number of mortgages, regulations requiring the establishing of Because of the amendment to the end the Bureau notes that the benefits, costs, these escrow accounts will no longer be date in proposed 1026.35(b)(2)(iii)(D)(1), and impacts of the final rule are likely subject to those regulations. Therefore, it is possible that the final rule will also to be small. However, in localized areas the baseline for the analysis of the final affect entities that established escrow some newly exempt community banks rule is those entities remaining subject accounts after May 1, 2016, but would and small credit unions may increase to those requirements. The Bureau otherwise already be exempt under mortgage lending to consumers who received no comments regarding this existing regulations. These could be may be underserved at present. choice of baseline for its section 1022(b) entities that voluntarily established analysis. escrow accounts after May 1, 2016, even 1. Benefits and Costs to Consumers The final rule should affect the market though they were not required to, or For consumers with HPMLs as described in part VII.D below as long entities that, together with certain originated by affected insured as it is in effect. However, the costs, affiliates, had more than $2 billion in depository institutions and insured benefits, and impacts of any rule are total assets, adjusted for inflation, before credit unions, the main effect of the difficult to predict far into the future. 2016 but less than $2 billion, adjusted final rule will be that those institutions Therefore, the analysis in part VII.D of for inflation, afterwards. The Bureau will no longer be required to provide the benefits, costs, and impacts of the does not possess the data to evaluate the escrow accounts for HPMLs. As final rule is most likely to be accurate number of such creditors but believes described in part VII.D above, the for the first several years following there to be very few of them. Bureau estimates that fewer than 3,000 implementation of the final rule. The final rule could encourage entry HPMLs were originated in 2019 by D. Benefits and Costs to Consumers and into the HPML market, expanding the institutions likely to be impacted by the Covered Persons number of entities exempted. However, rule. Institutions that will be affected by the limited number of existing insured the final rule could choose to provide or The Bureau has relied on a variety of depository institutions and insured not provide escrow accounts. If affected data sources to analyze the potential credit unions who will be exempt under institutions decide not to provide benefits, costs, and impacts of the final the final rule may be an indication that escrow accounts, then consumers who rule. To estimate the number of the total potential market for such would have escrow accounts under the mortgage lenders that may be impacted institutions of this size engaging in baseline will instead not have escrow by the rule and the number of HPMLs mortgage lending of less than 1,000 accounts. Affected consumers will originated by those lenders, the Bureau loans per year is small. This could experience both benefits and costs as a has analyzed the 2019 HMDA data.59 indicate that few such institutions result of the final rule. These benefits While the HMDA data have some would enter the market due to the final and costs will vary across consumers. shortcomings that are discussed in more rule.61 Moreover, the volume of lending The discussion of these benefits and detail below, they are the best source costs below focuses on the effects of available to the Bureau to quantify the 60 Some of the 154 entities described above were escrow accounts on monthly payments. impact of the final rule. For some exempt under the EGRRCPA from reporting many However, one commenter noted that, portions of the analysis, the requisite variables for their loans. Non-exempt entities because creditors often require originated 2,601 first-lien closed-end mortgages data are not available or are quite borrowers to make two upfront monthly limited. As a result, portions of this with APOR spreads above 150 basis points. Such mortgages below the conforming loan limit were payments of escrowed items when analysis rely in part on general HPMLs. Such mortgages above the conforming limit obtaining a loan, escrow accounts also economic principles to provide a loan limit may not have been HPMLs if their APOR increase the amount consumers must spreads were less than 250 basis points. To derive qualitative discussion of the benefits, pay upfront to obtain a loan (although costs, and impacts of the final rule. an upper limit on the number of HPMLs originated, all such mortgages are included in the calculations. these upfront payments can often For entities that currently exist, the The Bureau does not have data on the number of themselves be financed). Therefore, final rule will have a direct effect potential HPMLs originated by entities exempt many of the costs and benefits discussed under the EGRRCPA from reporting rate spread in this part VII.D.1 should also be 59 For information on the 2019 HMDA data, see data. Assuming the ratio of HPMLs to first-lien Feng Liu et al., An Updated Review of the New and mortgages is the same for these entities as it was Revised Data Points in HMDA: Further for non-exempt entities yields an estimate of 347 Regulations, Community Bank and Credit Union Observations using the 2019 HMDA Data (Aug. HPMLs originated by exempt entities, for a total Exits, and Access to Mortgage Credit (rev. Oct. 2020), https://files.consumerfinance.gov/f/ conservative estimate of 2,948 HPMLs in the 2018), https://papers.ssrn.com/sol3/ documents/cfpb_data-points_updated-review- sample. papers.cfm?abstract_id=2462128. This provides hmda_report.pdf. The section 1022(b) analysis of 61 For evidence that the original escrow suggestive evidence that a limited exemption from the proposal for this rule analyzed 2018 HMDA requirement did not cause many lenders to exit the the escrow requirement will cause few lenders to data. market, see Alexei Alexandrov & Xiaoling Ang, enter the market.

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interpreted as applying to these upfront lower costs incurred in servicing the Consumers may find it less payments. loan under the final rule compared to convenient to separately pay a mortgage Affected consumers would have under the baseline. The benefit to bill, an insurance bill, and potentially mortgage escrow accounts under the consumers will depend on whether several tax bills, instead of one bill from baseline but will not under the final fixed or marginal costs, or both, fall the mortgage servicer with all required rule. The potential benefits to because of the final rule. Typical payments included. Servicers who consumers of not having mortgage economic theory predicts that existing maintain escrow accounts effectively escrow accounts include: (1) More firms should pass through only assume the burden of tracking whom to budgetary flexibility, (2) interest or decreases in marginal rather than fixed pay, how much, and when, across other earnings on capital,62 (3) costs. The costs to servicers of providing multiple payees. Consumers without decreased prices passed through from escrow accounts for consumers are escrow accounts assume this burden decreased servicing costs, and (4) likely to be predominantly fixed rather themselves. This cost varies across greater access to credit resulting from than marginal, which may limit the consumers, and there is no current lower mortgage servicing costs. pass-through of lower costs on to research to estimate it. An Escrow accounts generally require consumers in the form of lower prices approximation may be found, however, consumers to save for infrequent or greater access to credit. Research also in an estimate of around $20 per month liabilities, such as property tax and suggests that the mortgage market may per consumer, depending on the insurance, by making equal monthly not be perfectly competitive and household’s income, coming from the payments. Standard economic theory therefore that creditors may not fully value of paying the same bill for phone, predicts that many consumers may pass through reductions even in cable television, and internet.65 value the budgetary flexibility to 63 marginal costs. Therefore, the benefit The loss of escrow accounts may hurt manage tax and insurance payments in to consumers from receiving decreased other ways. Even without an escrow consumers who value the budgetary costs at origination because decreased predictability and commitment that account, those consumers who prefer to servicing costs are passed through is make equal monthly payments towards escrow accounts provide. Recent likely to be small. Lower servicing costs research finds that many homeowners escrow liabilities may still do so by, for could also benefit consumers by example, creating a savings account for do not pay full attention to property encouraging new originators to enter the taxes,66 and are more likely to pay the purpose. Other consumers who do market. New exempt originators may be not like this payment structure can property tax bills on time if sent better able to compete with incumbent reminders to plan for these payments.67 come up with their own preferred originators and potentially provide Other research suggests that many payment plans. For example, a mortgages to underserved consumers consumers, in order to limit their consumer with $100 per month in because they will not have to incur the spending, prefer to pay more for income mortgage escrow payments and $100 per costs of establishing and maintaining taxes than necessary through payroll month in discretionary income might escrow accounts. They in turn could deductions and receive a tax refund have to resort to taking on high-interest provide more credit at lower costs to check from the IRS in the spring, even debt to cover an emergency $200 consumers. However, recent research though consumers who do this forgo expense. If the same consumer were not suggests that the size of this benefit may interest they could have earned on the required to make escrow payments, she be small.64 could pay for the emergency expense overpaid taxes.68 This could suggest that immediately without taking on high- One commenter suggested an some consumers may value mortgage interest debt and still afford her additional benefit to consumers of not escrow accounts because they provide a property tax and insurance payments by having escrow accounts. This form of savings commitment. The increasing her savings for that purpose commenter noted that some consumers Bureau recognizes that the budgeting by an additional $100 the following with escrow accounts may erroneously and commitment benefits of mortgage month. believe they still have to make their escrow accounts vary across consumers. Another benefit for consumers may be property insurance or tax payments These benefits will be particularly large the ability to invest their money and themselves. Consumers who for consumers who would otherwise earn a return on amounts that might, unnecessarily make these payments may miss payments or even experience depending on State regulations, be then have to spend time and effort to get foreclosure. Research suggests that a forgone when using an escrow. The their payments refunded. The nontrivial fraction of consumers may be Bureau does not have the data to commenter did not provide, and the Bureau does not have, data to quantify estimate the interest consumers forgo 65 Hongju Liu et al., Complementarities and the because of escrow accounts, but this benefit. Demand for Home Broadband internet Services, numerical examples may be illustrative. The potential costs to consumers of Marketing Science, 29(4), 701–20 (Feb. 2010), https://pubsonline.informs.org/doi/abs/10.1287/ Assuming a 0 percent annual interest not having access to an escrow account mksc.1090.0551. rate on savings, a consumer forgoes no include: (1) The difficulty of paying 66 Francis Wong, Mad as Hell: Property Taxes and interest because of escrow. Assuming a several bills instead of one, (2) a loss of Financial Distress (Dec. 15, 2020), available at 5 percent annual interest rate on a commitment and budgeting device, https://www.dropbox.com/sh/55dcwuztmo8bwuv/ savings, a consumer with property tax and (3) reduced transparency of AADfEOFVXZ8zVGzj0-Od5GCKa?dl=0. 67 Stephanie Moulton et al., Reminders to Pay and insurance payments of $2,500 every mortgage costs potentially leading some Property Tax Payments: A Field Experiment of six months forgoes about $65 per year consumers to spend more on house Older Adults with Reverse Mortgages (Sept. 6, in interest because of escrow. payments than they want, need, or can 2019), https://papers.ssrn.com/sol3/Delivery.cfm/ _ _ Finally, consumers may benefit from afford. SSRN ID3445419 code1228972.pdf?abstractid= 3445419&mirid=1. the final rule from the pass-through of 68 Michael S. Barr & Jane K. Dokko, Paying to 63 Jason Allen et al., The Effect of Mergers in Save: Tax Withholding and Asset Allocation Among 62 Some States require the paying of interest on Search Markets: Evidence from the Canadian Low- and Moderate-Income Taxpayers, Finance and escrow account balances. But even in those States Mortgage Industry, Am. Econ. Rev. 2013, 104(10), Economics Discussion Series, Federal Reserve the consumer might be able to arrange a better at 3365–96. Board (2008), http://www.federalreserve.gov/pubs/ return than the escrow account provides. 64 See Alexandrov & Ang, supra note 61. feds/2008/200811/200811pap.pdf.

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in this group.69 One commenter who Bureau estimates that fewer than 3,000 loss of interest income from escrow argued against the general escrow HPMLs were originated in 2019 by accounts. requirement reported that none of its institutions likely to be impacted by the As noted previously, research customers defaulted on property taxes rule. Of the 154 institutions that are suggests that escrow accounts reduce or insurance payments, but that likely to be impacted by the final rule mortgage default rates.71 Eliminating commenter currently provides escrow as described above, 103 were not escrow accounts may therefore increase accounts for its customers with HPMLs, exempt under the EGRRCPA from default rates, offsetting some of the and so the commenter provided little reporting APOR rate spreads. Of these benefits to creditors of lower servicing evidence regarding tax and insurance 103, no more than 70 originated at least costs.72 In the event of major damage to default rates when escrows are not one HPML in 2019. the property, the creditor might end up established. As discussed previously, The main benefit of the rule on with little or nothing if the homeowner some consumers may assign no benefit affected entities will be cost savings. had not been paying home insurance to escrow accounts, or even consider the There are startup and operational costs premiums. If the homeowner had not budgeting and commitment aspects of of providing escrow accounts. been paying taxes, there might be a escrow accounts to be a cost to them. Operational costs of maintaining claim or lien on the property interfering Finally, escrow accounts may make it escrow accounts for a given time period with the creditor’s ability to access the easier for consumers to shop for (such as a year) can be divided into full collateral. Therefore, the costs to mortgages by reducing the number of costs associated with maintaining any creditors of foreclosures may be payments consumers have to compare. escrow account for that time period and especially severe in the case of Consumers considering mortgages marginal costs associated with homeowners without mortgage escrow without escrow accounts may not be maintaining each escrow account for accounts. fully aware of the costs they would be that time period. The cost of The other cost to creditors of eliminating escrow accounts is the assuming and may end up paying more maintaining software to analyze escrow interest that they otherwise would have on mortgage and housing costs than accounts for under- or overpayments is earned on escrow account balances. they want, need, or can afford. Research an example of the former. Because the Depending on the State, creditors might suggests that some consumers make entities affected by the rule are small not be required to pay interest on the suboptimal decisions when obtaining a and do not originate large numbers of money in the escrow account or might mortgage, in part because of the mortgages, this kind of cost will not be be required to pay a fixed interest rate difficulty of comparing different spread among many loans. The per- mortgage options across a large number that is less than the market rate.73 The letter cost of mailing consumers escrow of dimensions, and that consumers Bureau does not have the data to statements is an example of the latter. presented with simpler mortgage determine the interest that creditors The Bureau does not have data to choices make better decisions.70 For earn on escrow account balances, but estimate these costs. example, if a consumer compares a numerical examples may be illustrative. monthly mortgage payment that The startup costs associated with One commenter reported earning includes an escrow payment, as most creating the infrastructure to establish interest of around 0.1 percent on escrow consumer mortgages do, with a payment and maintain escrow accounts may be account balances. Assuming a 0 percent that does not include an escrow substantial. However, many creditors annual interest rate, the servicer earns payment, the consumer may mistakenly who will not be required to establish no interest because of escrow. Assuming believe the non-escrow loan is less and maintain escrow accounts under the a 5 percent annual interest rate and a expensive, even though the non-escrow final rule are currently required to do so mortgage account with property tax and loan may in fact be more expensive. In under the existing regulation. These insurance payments of $2,500 every six practice, the magnitude and frequency creditors have already paid these startup months, the servicer earns about $65 a of these mistakes likely depend in part costs and will therefore not benefit from year in interest because of escrow. on the effectiveness of cost disclosures lower startup costs under the final rule. The Bureau does not have the data to consumers receive while shopping for However, the final rule will lower estimate the benefits of lower default mortgages. As one commenter noted, startup costs for new firms that enter the rates or escrow account interest for estimated insurance and tax payments market. The final rule will also lower creditors. However, the Bureau believes must be disclosed under existing startup costs for insured depositories that for most lenders the marginal regulations. and insured credit unions that are benefits of maintaining escrow accounts sufficiently small that they are currently outweigh the marginal costs, on average, 2. Costs and Benefits to Affected exempt from mortgage escrow because in the current market lenders Creditors requirements under the existing and servicers often do not relieve For affected creditors, the main effect regulation, but that will grow in size consumers of the obligation to have of the final rule is that they will no such that they would no longer be escrow accounts unless those longer be required to establish and exempt under the existing regulation, consumers meet requirements related to maintain escrow accounts for HPMLs. but will still be exempt under the final credit scores, home equity, and other As described in part VII.D above, the rule. measures of default risk. In addition, Affected creditors could still provide 69 Moulton et al., supra note 67. See also Nathan escrow accounts for consumers if they 71 See Moulton et al., supra note 67; see also B. Anderson & Jane K. Dokko, Liquidity Problems choose to do so. Therefore, the final rule Anderson & Dokko, supra note 69. and Early Payment Default Among Subprime will not impose any cost on creditors. 72 Because of this potential, many creditors Mortgages, Finance and Economics Discussion currently verify that consumers without escrow Series, Federal Reserve Board (2011), http:// However, the benefits to firms of the accounts make the required insurance and tax www.federalreserve.gov/pubs/feds/2011/201109/ final rule will be partially offset by payments. The final rule may increase these 201109pap.pdf. forgoing the benefits of providing monitoring costs for creditors by increasing the 70 Susan E. Woodward & Robert E. Hall, escrow accounts. The two main benefits number of consumers without escrow accounts, Consumer Confusion in the Mortgage Market: even if many of these consumers do not default. Evidence of Less than a Perfectly Transparent and to creditors of providing escrow 73 Some States may require interest rates that are Competitive Market, Am. Econ. Rev.: Papers & accounts to consumers are (1) decreased higher than market rates, imposing a cost on Proceedings, 100(2), 511–15 (2010). default risk for consumers, and (2) the creditors who provide escrow accounts.

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creditors often charge consumers a fee rule on rural consumers will be generally required to seek the Office of for eliminating escrow accounts, in proportionally larger than the costs, Management and Budget’s (OMB’s) order to compensate the creditors for the benefits, and impacts of the final rule on approval for information collection increase in default risk associated with other consumers. requirements prior to implementation. the removal of escrow accounts. The collections of information related to VIII. Regulatory Flexibility Act However, for small lenders that do not Regulation Z have been previously Analysis engage in a high volume of mortgage reviewed and approved by OMB and lending and could benefit from the final The Regulatory Flexibility Act assigned OMB Control number 3170– rule, the analysis may be different. (RFA),75 as amended by the Small 0015. Under the PRA, the Bureau may Business Regulatory Enforcement not conduct or sponsor and, E. Specific Impacts of the Final Rule Fairness Act of 1996,76 generally notwithstanding any other provision of 1. Insured Depository Institutions and requires an agency to conduct an initial law, a person is not required to respond Credit Unions With $10 Billion or Less regulatory flexibility analysis (IRFA) to an information collection unless the in Total Assets, as Described in Section and a final regulatory flexibility analysis information collection displays a valid 1026 (FRFA) of any rule subject to notice- control number assigned by OMB. The final rule will apply only to and-comment rulemaking requirements, The Bureau has determined that this insured depository instructions and unless the agency certifies that the rule final rule will not impose any new or credit unions with $10 billion or less in will not have a significant economic revised information collection assets. Therefore, the consideration of impact on a substantial number of small requirements (recordkeeping, reporting, the benefits, costs, and impacts of the entities. The Bureau also is subject to or disclosure requirements) on covered final rule on covered persons presented certain additional procedures under the entities or members of the public that in part VII.D represents in full the RFA involving the convening of a panel would constitute collections of Bureau’s analysis of the benefits, costs, to consult with small business information requiring OMB approval representatives prior to proposing a rule under the PRA. and impacts of the final rule on insured 77 depository institutions and credit for which an IRFA is required. A depository institution is considered X. Congressional Review Act unions with $10 billion or less in assets. ‘‘small’’ if it has $600 million or less in Pursuant to the Congressional Review 78 2. Impact of the Final Provisions on assets. Under existing regulations, Act,80 the Bureau will submit a report Consumer Access to Credit and on most depository institutions with less containing this rule and other required Consumers in Rural Areas than $2 billion in assets are already information to the U.S. Senate, the U.S. The final rule will affect insured exempt from the mortgage escrow House of Representatives, and the depositories and insured credit unions requirement, and there would be no Comptroller General of the United that operate at least in part in rural or difference if they chose to use the new States prior to the rule’s taking effect. underserved areas. As discussed in part exemption. The final rule will affect The Office of Information and VII.D, the Bureau does not expect the only insured depository institutions and Regulatory Affairs has designated this costs, benefits, or impacts of the rule to insured credit unions, and in general rule as not a ‘‘major rule’’ as defined by be large in aggregate, but because will affect only certain of such 5 U.S.C. 804(2). affected entities must operate in rural or institutions with over approximately $2 underserved areas, the costs, benefits, billion in assets. Since depository XI. Signing Authority and impacts of the rule may be expected institutions with over $2 billion in Director of the Bureau Kathleen L. to be larger in rural areas. Entities likely assets are not small under the SBA Kraninger, having reviewed and to be affected by the final rule originated definition, the final rule will affect very approved this document, is delegating roughly 0.6 percent of all mortgages few, if any, small entities. the authority to electronically sign this reported to HMDA in 2019. Such Furthermore, affected institutions document to Grace Feola, Bureau entities originated roughly 1.0 percent could still provide escrow accounts for Federal Register Liaisons, for purposes of all mortgages in rural areas reported their consumers if they chose to. of publication in the Federal Register. to HMDA in 2019.74 Therefore, entities Therefore, the final rule will not impose likely to be affected by the final rule any substantial burden on any entities, List of Subjects in 12 CFR Part 1026 including small entities. have a small share of the overall market, Advertising, Banks, Banking, Accordingly, the Director hereby and a small but somewhat larger share Consumer protection, Credit, Credit certifies that this final rule will not have of the rural market. This suggests the unions, Mortgages, National banks, a significant economic impact on a costs, benefits, and impacts of the rule Reporting and recordkeeping substantial number of small entities. will be small in rural areas, but larger requirements, Savings associations, Thus, a FRFA of the final rule is not in rural areas than in other areas. Truth-in-lending. As discussed in part VII.D, the final required. Authority and Issuance rule may increase consumer access to IX. Paperwork Reduction Act credit. It may also present other costs, For the reasons set forth in the benefits, and impacts for affected Under the Paperwork Reduction Act of 1995 (PRA),79 Federal agencies are preamble, the Bureau amends consumers. Because creditors likely to Regulation Z, 12 CFR part 1026, as set be affected by this rule have a 75 forth below: disproportionately large market share in 5 U.S.C. 601 et seq. 76 Public Law 104–121, tit. II, 110 Stat. 857 rural areas, the Bureau expects that the (1996). PART 1026—TRUTH IN LENDING costs, benefits, and impacts of the final 77 5 U.S.C. 609. (REGULATION Z) 78 The current SBA size standards can be found 74 In 2018, entities likely to be affected by the on SBA’s website at https://www.sba.gov/sites/ ■ 1. The authority citation for part 1026 final rule originated roughly 0.9 percent of all default/files/2019-08/SBA%20Table%20of continues to read as follows: mortgages reported to HMDA. In 2018, such entities %20Size%20Standards_Effective%20Aug%2019 originated roughly 1.6 percent of all mortgages in %2C%202019_Rev.pdf. rural areas reported to HMDA. 79 44 U.S.C. 3501 et seq. 80 5 U.S.C. 801 et seq.

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Authority: 12 U.S.C. 2601, 2603–2605, transaction made by a creditor that is an establish an escrow account for taxes 2607, 2609, 2617, 3353, 5511, 5512, 5532, insured depository institution or and insurance for a higher-priced 5581; 15 U.S.C. 1601 et seq. insured credit union if, at the time of mortgage loan, provided the following consummation: four conditions are satisfied when the Subpart E—Special Rules for Certain (A) As of the preceding December higher-priced mortgage loan is Home Mortgage Transactions 31st, or, if the application for the consummated: ■ 2. Amend § 1026.35 by: transaction was received before April 1 i. During the preceding calendar year, ■ a. Adding paragraphs (a)(3) and (4); of the current calendar year, as of either or during either of the two preceding ■ b. Revising paragraphs (b)(2)(iii)(D)(1), of the two preceding December 31sts, calendar years if the application for the (iv)(A), and (v); and the insured depository institution or loan was received before April 1 of the ■ c. Adding paragraph (b)(2)(vi). insured credit union had assets of current calendar year, a creditor The additions and revisions read as $10,000,000,000 or less, adjusted extended a first-lien covered follows: annually for inflation using the transaction, as defined in Consumer Price Index for Urban Wage § 1026.43(b)(1), secured by a property § 1026.35 Requirements for higher-priced Earners and Clerical Workers, not located in an area that is either ‘‘rural’’ mortgage loans. seasonally adjusted, for each 12-month or ‘‘underserved,’’ as set forth in (a) * * * period ending in November (see § 1026.35(b)(2)(iv). (3) ‘‘Insured credit union’’ has the comment 35(b)(2)(vi)(A)–1 for the A. In general, whether the rural-or- meaning given in Section 101 of the applicable threshold); underserved test is satisfied depends on Federal Credit Union Act (12 U.S.C. (B) During the preceding calendar the creditor’s activity during the 1752). year, or, if the application for the preceding calendar year. However, if the (4) ‘‘Insured depository institution’’ transaction was received before April 1 application for the loan in question was has the meaning given in Section 3 of of the current calendar year, during received before April 1 of the current the Federal Deposit Insurance Act (12 either of the two preceding calendar calendar year, the creditor may instead U.S.C. 1813). years, the creditor and its affiliates, as meet the rural-or-underserved test based (b) * * * defined in § 1026.32(b)(5), together on its activity during the next-to-last (2) * * * extended no more than 1,000 covered calendar year. This provides creditors (iii) * * * transactions secured by a first lien on a with a grace period if their activity (D) * * * principal dwelling; and meets the rural-or-underserved test (in (1) Escrow accounts established for (C) The transaction satisfies the § 1026.35(b)(2)(iii)(A)) in one calendar first-lien higher-priced mortgage loans criteria in paragraphs (b)(2)(iii)(A) and year but fails to meet it in the next for which applications were received on (D) of this section. calendar year. B. A creditor meets the rural-or- or after April 1, 2010, and before June * * * * * 17, 2021; or underserved test for any higher-priced ■ 3. Amend supplement I to part 1026 mortgage loan consummated during a * * * * * by: calendar year if it extended a first-lien ■ (iv) * * * a. Under Section 1026.35— covered transaction in the preceding (A) An area is ‘‘rural’’ during a Requirements for Higher-Priced calendar year secured by a property calendar year if it is: Mortgage Loans: located in a rural-or-underserved area. If (1) A county that is neither in a ■ i. Revising paragraph 35(b)(2)(iii); ■ the creditor does not meet the rural-or- metropolitan statistical area nor in a ii. Adding paragraphs underserved test in the preceding micropolitan statistical area that is 35(b)(2)(iii)(D)(1) and 35(b)(2)(iii)(D)(2); calendar year, the creditor meets this ■ iv. Revising paragraphs 35(b)(2)(iv) adjacent to a metropolitan statistical condition for a higher-priced mortgage and 35(b)(2)(v); area, as those terms are defined by the loan consummated during the current ■ vi. Adding paragraphs 35(b)(2)(vi) and U.S. Office of Management and Budget calendar year only if the application for 35(b)(2)(vi)(A). and as they are applied under currently the loan was received before April 1 of applicable Urban Influence Codes ■ b. Under Section 1026.43—Minimum Standards for Transactions Secured by the current calendar year and the (UICs), established by the United States creditor extended a first-lien covered Department of Agriculture’s Economic a Dwelling, revising paragraph 43(f)(1)(vi). transaction during the next-to-last Research Service (USDA–ERS); or calendar year that is secured by a (2) A census block that is not in an The revisions and additions read as follows: property located in a rural or urban area, as defined by the U.S. underserved area. The following Census Bureau using the latest Supplement I to Part 1026—Official examples are illustrative: decennial census of the United States. Interpretations 1. Assume that a creditor extended * * * * * * * * * * during 2016 a first-lien covered (v) Notwithstanding paragraphs transaction that is secured by a property (b)(2)(iii) and (vi) of this section, an Section 1026.35—Requirements for located in a rural or underserved area. escrow account must be established Higher-Priced Mortgage Loans Because the creditor extended a first- pursuant to paragraph (b)(1) of this * * * * * lien covered transaction during 2016 section for any first-lien higher-priced that is secured by a property located in mortgage loan that, at consummation, is 35(b) Escrow Accounts a rural or underserved area, the creditor subject to a commitment to be acquired * * * * * can meet this condition for exemption by a person that does not satisfy the for any higher-priced mortgage loan conditions in paragraph (b)(2)(iii) or (vi) 35(b)(2) Exemptions consummated during 2017. of this section, unless otherwise * * * * * 2. Assume that a creditor did not exempted by this paragraph (b)(2). Paragraph 35(b)(2)(iii). extend during 2016 a first-lien covered (vi) Except as provided in paragraph 1. Requirements for exemption. Under transaction secured by a property that is (b)(2)(v) of this section, an escrow § 1026.35(b)(2)(iii), except as provided located in a rural or underserved area. account need not be established for a in § 1026.35(b)(2)(v), a creditor need not Assume further that the same creditor

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extended during 2015 a first-lien higher-priced mortgage loan transactions are ‘‘transactions secured covered transaction that is located in a consummated during 2017 if the by a dwelling,’’ consistent with rural or underserved area. Assume creditor received the application for the § 1026.2(a)(17)(v), an affiliate regularly further that the creditor consummates a loan before April 1, 2017, but does not extended covered transactions if it higher-priced mortgage loan in 2017 for satisfy this condition for a higher-priced extended more than five covered which the application was received in mortgage loan consummated during transactions in a calendar year. Also November 2017. Because the creditor 2017 if the application for the loan was consistent with § 1026.2(a)(17)(v), did not extend during 2016 a first-lien received on or after April 1, 2017. because a covered transaction may be a covered transaction secured by a C. For purposes of high-cost mortgage subject to § 1026.32, property that is located in a rural or § 1026.35(b)(2)(iii)(B), extensions of an affiliate regularly extends covered underserved area, and the application first-lien covered transactions, during transactions if, in any 12-month period, was received on or after April 1, 2017, the applicable time period, by all of a it extends more than one covered the creditor does not meet this creditor’s affiliates, as ‘‘affiliate’’ is transaction that is subject to the condition for exemption. However, defined in § 1026.32(b)(5), are counted requirements of § 1026.32 or one or assume instead that the creditor toward the threshold in this section. more such transactions through a consummates a higher-priced mortgage ‘‘Affiliate’’ is defined in § 1026.32(b)(5) mortgage broker. Thus, if a creditor’s loan in 2017 based on an application as ‘‘any company that controls, is affiliate regularly extended first-lien received in February 2017. The creditor controlled by, or is under common covered transactions during the meets this condition for exemption for control with another company, as set preceding calendar year, the creditor’s this loan because the application was forth in the Bank Holding Company Act assets as of the end of the preceding received before April 1, 2017, and the of 1956 (12 U.S.C. 1841 et seq.).’’ Under calendar year, for purposes of the asset creditor extended during 2015 a first- the Bank Holding Company Act, a limit, take into account the assets of that lien covered transaction that is located company has control over a bank or affiliate. If the creditor, together with its in a rural or underserved area. another company if it directly or affiliates that regularly extended first- ii. The creditor and its affiliates indirectly or acting through one or more lien covered transactions, exceeded the together extended no more than 2,000 persons owns, controls, or has power to asset limit in the preceding calendar covered transactions, as defined in vote 25 per centum or more of any class year—to be eligible to operate as a small § 1026.43(b)(1), secured by first liens, of voting securities of the bank or creditor for transactions with that were sold, assigned, or otherwise company; it controls in any manner the applications received before April 1 of transferred by the creditor or its election of a majority of the directors or the current calendar year—the assets of affiliates to another person, or that were trustees of the bank or company; or the the creditor’s affiliates that regularly subject at the time of consummation to Federal Reserve Board determines, after extended covered transactions in the a commitment to be acquired by another notice and opportunity for hearing, that year before the preceding calendar year person, during the preceding calendar the company directly or indirectly are included in calculating the creditor’s year or during either of the two exercises a controlling influence over assets. preceding calendar years if the the management or policies of the bank C. If multiple creditors share application for the loan was received or company. 12 U.S.C. 1841(a)(2). ownership of a company that regularly before April 1 of the current calendar iii. As of the end of the preceding extended first-lien covered transactions, year. For purposes of calendar year, or as of the end of either the assets of the company count toward § 1026.35(b)(2)(iii)(B), a transfer of a of the two preceding calendar years if the asset limit for a co-owner creditor if first-lien covered transaction to the application for the loan was the company is an ‘‘affiliate,’’ as defined ‘‘another person’’ includes a transfer by received before April 1 of the current in § 1026.32(b)(5), of the co-owner a creditor to its affiliate. calendar year, the creditor and its creditor. Assuming the company is not A. In general, whether this condition affiliates that regularly extended an affiliate of the co-owner creditor by is satisfied depends on the creditor’s covered transactions secured by first virtue of any other aspect of the activity during the preceding calendar liens, together, had total assets that are definition (such as by the company and year. However, if the application for the less than the applicable annual asset co-owner creditor being under common loan in question is received before April threshold. control), the company’s assets are 1 of the current calendar year, the A. For purposes of included toward the asset limit of the creditor may instead meet this condition § 1026.35(b)(2)(iii)(C), in addition to the co-owner creditor only if the company based on activity during the next-to-last creditor’s assets, only the assets of a is controlled by the co-owner creditor, calendar year. This provides creditors creditor’s ‘‘affiliate’’ (as defined by ‘‘as set forth in the Bank Holding with a grace period if their activity falls § 1026.32(b)(5)) that regularly extended Company Act.’’ If the co-owner creditor at or below the threshold in one covered transactions (as defined by and the company are affiliates (by virtue calendar year but exceeds it in the next § 1026.43(b)(1)) secured by first liens, of any aspect of the definition), the co- calendar year. are counted toward the applicable owner creditor counts all of the B. For example, assume that in 2015 annual asset threshold. See comment company’s assets toward the asset limit, a creditor and its affiliates together 35(b)(2)(iii)–1.ii.C for discussion of regardless of the co-owner creditor’s extended 1,500 loans that were sold, definition of ‘‘affiliate.’’ ownership share. Further, because the assigned, or otherwise transferred by the B. Only the assets of a creditor’s co-owner and the company are mutual creditor or its affiliates to another affiliate that regularly extended first-lien affiliates the company also would count person, or that were subject at the time covered transactions during the all of the co-owner’s assets towards its of consummation to a commitment to be applicable period are included in own asset limit. See comment acquired by another person, and 2,500 calculating the creditor’s assets. The 35(b)(2)(iii)–1.ii.C for discussion of the such loans in 2016. Because the 2016 meaning of ‘‘regularly extended’’ is definition of ‘‘affiliate.’’ transaction activity exceeds the based on the number of times a person D. A creditor satisfies the criterion in threshold but the 2015 transaction extends consumer credit for purposes of § 1026.35(b)(2)(iii)(C) for purposes of activity does not, the creditor satisfies the definition of ‘‘creditor’’ in any higher-priced mortgage loan this condition for exemption for a § 1026.2(a)(17). Because covered consummated during 2016, for example,

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if the creditor (together with its affiliates 4. For calendar year 2016, the asset transaction is consummated, except as that regularly extended first-lien threshold was $2,052,000,000. A provided in § 1026.35(b)(2)(iii)(D)(1) covered transactions) had total assets of creditor that together with the assets of and (2). Thus, the exemption applies, less than the applicable asset threshold its affiliates that regularly extended provided the other conditions of on December 31, 2015. A creditor that first-lien covered transactions during § 1026.35(b)(2)(iii) (or, if applicable, the (together with its affiliates that regularly calendar year 2015 had total assets of conditions for the exemption in extended first-lien covered transactions) less than $2,052,000,000 on December § 1026.35(b)(2)(vi)) are satisfied, even if did not meet the applicable asset 31, 2015, satisfied this criterion for the creditor previously maintained threshold on December 31, 2015 purposes of any loan consummated in escrow accounts for mortgage loans, satisfies this criterion for a higher- 2016 and for purposes of any loan provided it no longer maintains any priced mortgage loan consummated consummated in 2017 for which the such accounts except as provided in during 2016 if the application for the application was received before April 1, § 1026.35(b)(2)(iii)(D)(1) and (2). Once a loan was received before April 1, 2016 2017. creditor or its affiliate begins escrowing and the creditor (together with its 5. For calendar year 2017, the asset for loans currently serviced other than affiliates that regularly extended first- threshold was $2,069,000,000. A those addressed in lien covered transactions) had total creditor that together with the assets of § 1026.35(b)(2)(iii)(D)(1) and (2), assets of less than the applicable asset its affiliates that regularly extended however, the creditor and its affiliate threshold on December 31, 2014. first-lien covered transactions during become ineligible for the exemptions in E. Under § 1026.35(b)(2)(iii)(C), the calendar year 2016 had total assets of § 1026.35(b)(2)(iii) and (vi) on higher- $2,000,000,000 asset threshold adjusts less than $2,069,000,000 on December priced mortgage loans they make while automatically each year based on the 31, 2016, satisfied this criterion for such escrowing continues. Thus, as long year-to-year change in the average of the purposes of any loan consummated in as a creditor (or its affiliate) services and Consumer Price Index for Urban Wage 2017 and for purposes of any loan maintains escrow accounts for any Earners and Clerical Workers, not consummated in 2018 for which the mortgage loans, other than as provided seasonally adjusted, for each 12-month application was received before April 1, in § 1026.35(b)(2)(iii)(D)(1) and (2), the period ending in November, with 2018. creditor will not be eligible for the 6. For calendar year 2018, the asset rounding to the nearest million dollars. exemption for any higher-priced threshold was $2,112,000,000. A The Bureau will publish notice of the mortgage loan it may make. For creditor that together with the assets of asset threshold each year by amending purposes of § 1026.35(b)(2)(iii) and (vi), its affiliates that regularly extended this comment. For calendar year 2021, a creditor or its affiliate ‘‘maintains’’ an first-lien covered transactions during the asset threshold is $2,230,000,000. A escrow account only if it services a calendar year 2017 had total assets of creditor that together with the assets of mortgage loan for which an escrow less than $2,112,000,000 on December its affiliates that regularly extended account has been established at least 31, 2017, satisfied this criterion for first-lien covered transactions during through the due date of the second purposes of any loan consummated in calendar year 2020 has total assets of periodic payment under the terms of the 2018 and for purposes of any loan less than $2,230,000,000 on December legal obligation. consummated in 2019 for which the Paragraph 35(b)(2)(iii)(D)(1). 31, 2020, satisfies this criterion for application was received before April 1, 1. Exception for certain accounts. purposes of any loan consummated in 2019. Escrow accounts established for first- 2021 and for purposes of any loan 7. For calendar year 2019, the asset lien higher-priced mortgage loans for consummated in 2022 for which the threshold was $2,167,000,000. A which applications were received on or application was received before April 1, creditor that together with the assets of after April 1, 2010, and before June 17, 2022. For historical purposes: its affiliates that regularly extended 2021, are not counted for purposes of 1. For calendar year 2013, the asset first-lien covered transactions during § 1026.35(b)(2)(iii)(D). For applications threshold was $2,000,000,000. Creditors calendar year 2018 had total assets of received on and after June 17, 2021, that had total assets of less than less than $2,167,000,000 on December creditors, together with their affiliates, $2,000,000,000 on December 31, 2012, 31, 2018, satisfied this criterion for that establish new escrow accounts, satisfied this criterion for purposes of purposes of any loan consummated in other than those described in the exemption during 2013. 2019 and for purposes of any loan § 1026.35(b)(2)(iii)(D)(2), do not qualify 2. For calendar year 2014, the asset consummated in 2020 for which the for the exemptions provided under threshold was $2,028,000,000. Creditors application was received before April 1, § 1026.35(b)(2)(iii) and (vi). Creditors, that had total assets of less than 2020. together with their affiliates, that $2,028,000,000 on December 31, 2013, 8. For calendar year 2020, the asset continue to maintain escrow accounts satisfied this criterion for purposes of threshold was $2,202,000,000. A established for first-lien higher-priced the exemption during 2014. creditor that together with the assets of mortgage loans for which applications 3. For calendar year 2015, the asset its affiliates that regularly extended were received on or after April 1, 2010, threshold was $2,060,000,000. Creditors first-lien covered transactions during and before June 17, 2021, still qualify that had total assets of less than calendar year 2019 had total assets of for the exemptions provided under $2,060,000,000 on December 31, 2014, less than $2,202,000,000 on December § 1026.35(b)(2)(iii) and (vi) so long as satisfied this criterion for purposes of 31, 2019, satisfied this criterion for they do not establish new escrow any loan consummated in 2015 and, if purposes of any loan consummated in accounts for transactions for which they the creditor’s assets together with the 2020 and for purposes of any loan received applications on or after June assets of its affiliates that regularly consummated in 2021 for which the 17, 2021, other than those described in extended first-lien covered transactions application was received before April 1, § 1026.35(b)(2)(iii)(D)(2), and they during calendar year 2014 were less 2021. otherwise qualify under than that amount, for purposes of any iv. The creditor and its affiliates do § 1026.35(b)(2)(iii) or (vi). loan consummated in 2016 for which not maintain an escrow account for any Paragraph 35(b)(2)(iii)(D)(2). the application was received before mortgage transaction being serviced by 1. Exception for post-consummation April 1, 2016. the creditor or its affiliate at the time the escrow accounts for distressed

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consumers. An escrow account UIC (because the county has been B. A property is deemed to be in a established after consummation for a created since the USDA–ERS last rural or underserved area according to distressed consumer does not count for categorized counties) is a rural area only the definitions in § 1026.35(b)(2)(iv) purposes of § 1026.35(b)(2)(iii)(D). if all counties from which the new during a particular calendar year if it is Distressed consumers are consumers county’s land was taken are themselves identified as such by an automated tool who are working with the creditor or rural under currently applicable UICs. provided on the Bureau’s public servicer to attempt to bring the loan into ii. Under § 1026.35(b)(2)(iv)(B), an website. A printout or electronic copy a current status through a modification, area is underserved during a calendar from the automated tool provided on the deferral, or other accommodation to the year if, according to Home Mortgage Bureau’s public website designating a consumer. A creditor, together with its Disclosure Act (HMDA) data for the particular property as being in a rural or affiliates, that establishes escrow preceding calendar year, it is a county underserved area may be used as accounts after consummation as a in which no more than two creditors ‘‘evidence of compliance’’ that a regular business practice, regardless of extended covered transactions, as property is in a rural or underserved whether consumers are in distress, does defined in § 1026.43(b)(1), secured by area, as defined in § 1026.35(b)(2)(iv)(A) not qualify for the exception described first liens, five or more times on and (B), for purposes of the record in § 1026.35(b)(2)(iii)(D)(2). properties in the county. Specifically, a retention requirements in § 1026.25. Paragraph 35(b)(2)(iv). county is an ‘‘underserved’’ area if, in C. The U.S. Census Bureau may 1. Requirements for ‘‘rural’’ or the applicable calendar year’s public provide on its public website an ‘‘underserved’’ status. An area is HMDA aggregate dataset, no more than automated address search tool that considered to be ‘‘rural’’ or two creditors have reported five or more specifically indicates if a property is ‘‘underserved’’ during a calendar year first-lien covered transactions, with located in an urban area for purposes of for purposes of § 1026.35(b)(2)(iii)(A) if HMDA geocoding that places the the Census Bureau’s most recent it satisfies either the definition for properties in that county. delineation of urban areas. For any ‘‘rural’’ or the definition for calendar year that began after the date iii. A. Each calendar year, the Bureau ‘‘underserved’’ in § 1026.35(b)(2)(iv). A on which the Census Bureau announced applies the ‘‘underserved’’ area test and creditor’s extensions of covered its most recent delineation of urban the ‘‘rural’’ area test to each county in transactions, as defined by areas, a property is deemed to be in a the United States. If a county satisfies § 1026.43(b)(1), secured by first liens on rural area if the search results provided properties located in such areas are either test, the Bureau will include the for the property by any such automated considered in determining whether the county on a list of counties that are rural address search tool available on the creditor satisfies the condition in or underserved as defined by Census Bureau’s public website do not § 1026.35(b)(2)(iii)(A). See comment § 1026.35(b)(2)(iv)(A)(1) or designate the property as being in an 35(b)(2)(iii)–1. § 1026.35(b)(2)(iv)(B) for a particular urban area. A printout or electronic i. Under § 1026.35(b)(2)(iv)(A), an area calendar year, even if the county copy from such an automated address is rural during a calendar year if it is: contains census blocks that are search tool available on the Census A county that is neither in a designated by the Census Bureau as Bureau’s public website designating a metropolitan statistical area nor in a urban. To facilitate compliance with particular property as not being in an micropolitan statistical area that is appraisal requirements in § 1026.35(c), urban area may be used as ‘‘evidence of adjacent to a metropolitan statistical the Bureau also creates a list of those compliance’’ that the property is in a area; or a census block that is not in an counties that are rural under the rural area, as defined in urban area, as defined by the U.S. Bureau’s definition without regard to § 1026.35(b)(2)(iv)(A), for purposes of Census Bureau using the latest whether the counties are underserved. the record retention requirements in decennial census of the United States. To the extent that U.S. territories are § 1026.25. Metropolitan statistical areas and treated by the Census Bureau as D. For a given calendar year, a micropolitan statistical areas are defined counties and are neither metropolitan property qualifies for a safe harbor if by the Office of Management and statistical areas nor micropolitan any of the enumerated safe harbors Budget and applied under currently statistical areas adjacent to metropolitan affirms that the property is in a rural or applicable Urban Influence Codes statistical areas, such territories will be underserved area or not in an urban (UICs), established by the United States included on these lists as rural areas in area. For example, the Census Bureau’s Department of Agriculture’s Economic their entireties. The Bureau will post on automated address search tool may Research Service (USDA–ERS). For its public website the applicable lists for indicate a property is in an urban area, purposes of § 1026.35(b)(2)(iv)(A)(1), each calendar year by the end of that but the Bureau’s rural or underserved ‘‘adjacent’’ has the meaning applied by year to assist creditors in ascertaining counties list indicates the property is in the USDA–ERS in determining a the availability to them of the a rural or underserved county. The county’s UIC; as so applied, ‘‘adjacent’’ exemption during the following year. property in this example is in a rural or entails a county not only being Any county that the Bureau includes on underserved area because it qualifies physically contiguous with a these lists of counties that are rural or under the safe harbor for the rural or metropolitan statistical area but also underserved under the Bureau’s underserved counties list. The lists of meeting certain minimum population definitions for a particular year is counties posted on the Bureau’s public commuting patterns. A county is a deemed to qualify as a rural or website, the automated tool on its ‘‘rural’’ area under underserved area for that calendar year public website, and the automated § 1026.35(b)(2)(iv)(A)(1) if the USDA– for purposes of § 1026.35(b)(2)(iv), even address search tool available on the ERS categorizes the county under UIC 4, if the county contains census blocks that Census Bureau’s public website, are not 6, 7, 8, 9, 10, 11, or 12. Descriptions of are designated by the Census Bureau as the exclusive means by which a creditor UICs are available on the USDA–ERS urban. A property located in such a can demonstrate that a property is in a website at http://www.ers.usda.gov/ listed county is deemed to be located in rural or underserved area as defined in data-products/urban-influence-codes/ a rural or underserved area, even if the § 1026.35(b)(2)(iv)(A) and (B). However, documentation.aspx. A county for census block in which the property is creditors are required to retain which there is no currently applicable located is designated as urban. ‘‘evidence of compliance’’ in accordance

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with § 1026.25, including priced mortgage loan that will be $10,000,000,000 or less on December 31, determinations of whether a property is acquired by a purchaser pursuant to a 2020, satisfies this criterion for purposes in a rural or underserved area as defined forward commitment is subject to the of any loan consummated in 2021 and in § 1026.35(b)(2)(iv)(A) and (B). requirement to establish an escrow for purposes of any loan secured by a 2. Examples. i. An area is considered account under § 1026.35(b)(1) unless the first lien on a principal dwelling of a ‘‘rural’’ for a given calendar year based purchaser is also eligible for an consumer consummated in 2022 for on the most recent available UIC exemption in § 1026.35(b)(2)(iii) or which the application was received designations by the USDA–ERS and the § 1026.35(b)(2)(vi), or the transaction is before April 1, 2022. most recent available delineations of otherwise exempt under § 1026.35(b)(2). Paragraph 35(b)(2)(vi)(B). urban areas by the U.S. Census Bureau The escrow requirement applies to any 1. The transaction threshold in that are available at the beginning of the such transaction, whether the forward § 1026.35(b)(2)(vi)(B) differs from the calendar year. These designations and commitment provides for the purchase transaction threshold in delineations are updated by the USDA– and sale of the specific transaction or for § 1026.35(b)(2)(iii)(B) in two ways. First, ERS and the U.S. Census Bureau the purchase and sale of mortgage the threshold in § 1026.35(b)(2)(vi)(B) is respectively once every ten years. As an obligations with certain prescribed 1,000 loans secured by first liens on a example, assume a creditor makes first- criteria that the transaction meets. For principal dwelling, while the threshold lien covered transactions in Census example, assume a creditor that in § 1026.35(b)(2)(iii)(B) is 2,000 loans Block X that is located in County Y qualifies for an exemption in secured by first liens on a dwelling. during calendar year 2017. As of § 1026.35(b)(2)(iii) or § 1026.35(b)(2)(vi) Second, all loans made by the creditor January 1, 2017, the most recent UIC makes a higher-priced mortgage loan and its affiliates secured by a first lien designations were published in the that meets the purchase criteria of an on a principal dwelling count toward second quarter of 2013, and the most investor with which the creditor has an the 1,000-loan threshold in recent delineation of urban areas was agreement to sell such mortgage § 1026.35(b)(2)(vi)(B), whether or not announced in the Federal Register in obligations after consummation. If the such loans are held in portfolio. By 2012, see U.S. Census Bureau, investor is ineligible for an exemption contrast, under § 1026.35(b)(2)(iii)(B), Qualifying Urban Areas for the 2010 in § 1026.35(b)(2)(iii) or only loans secured by first liens on a Census, 77 FR 18652 (Mar. 27, 2012). To § 1026.35(b)(2)(vi), an escrow account dwelling that were sold, assigned, or determine whether County Y is rural must be established for the transaction otherwise transferred to another person, under the Bureau’s definition during before consummation in accordance or that were subject at the time of calendar year 2017, the creditor can use with § 1026.35(b)(1) unless the consummation to a commitment to be USDA–ERS’s 2013 UIC designations. If transaction is otherwise exempt (such as acquired by another person, are counted County Y is not rural, the creditor can a reverse mortgage or home equity line toward the 2,000-loan threshold. use the U.S. Census Bureau’s 2012 of credit). * * * * * delineation of urban areas to determine Paragraph 35(b)(2)(vi). whether Census Block X is rural and is 1. For guidance on applying the grace Section 1026.43—Minimum Standards therefore a ‘‘rural’’ area for purposes of periods for determining asset size or for Transactions Secured by a Dwelling § 1026.35(b)(2)(iv)(A). transaction thresholds under * * * * * ii. A county is considered an § 1026.35(b)(2)(vi)(A), (B) and (C), the ‘‘underserved’’ area for a given calendar rural or underserved requirement, or 43(f) Balloon-Payment Qualified year based on the most recent available other aspects of the exemption in Mortgages Made by Certain Creditors HMDA data. For example, assume a § 1026.35(b)(2)(vi) not specifically * * * * * creditor makes first-lien covered discussed in the commentary to transactions in County Y during § 1026.35(b)(2)(vi), an insured 43(f)(1) Exemption calendar year 2016, and the most recent depository institution or insured credit * * * * * HMDA data are for calendar year 2015, union may refer to the commentary to Paragraph 43(f)(1)(vi). published in the third quarter of 2016. § 1026.35(b)(2)(iii), while allowing for 1. Creditor qualifications. Under The creditor will use the 2015 HMDA differences between the features of the § 1026.43(f)(1)(vi), to make a qualified data to determine ‘‘underserved’’ area two exemptions. mortgage that provides for a balloon status for County Y in calendar year Paragraph 35(b)(2)(vi)(A). payment, the creditor must satisfy three 2016 for the purposes of qualifying for 1. The asset threshold in criteria that are also required under the ‘‘rural or underserved’’ exemption § 1026.35(b)(2)(vi)(A) will adjust § 1026.35(b)(2)(iii)(A), (B) and (C), for any higher-priced mortgage loans automatically each year, based on the which require: consummated in calendar year 2017 or year-to-year change in the average of the i. During the preceding calendar year for any higher-priced mortgage loan Consumer Price Index for Urban Wage or during either of the two preceding consummated during 2018 for which Earners and Clerical Workers, not calendar years if the application for the the application was received before seasonally adjusted, for each 12-month transaction was received before April 1 April 1, 2018. period ending in November, with of the current calendar year, the creditor Paragraph 35(b)(2)(v). rounding to the nearest million dollars. extended a first-lien covered 1. Forward commitments. A creditor Unlike the asset threshold in transaction, as defined in may make a mortgage loan that will be § 1026.35(b)(2)(iii) and the other § 1026.43(b)(1), on a property that is transferred or sold to a purchaser thresholds in § 1026.35(b)(2)(vi), located in an area that is designated pursuant to an agreement that has been affiliates are not considered in either ‘‘rural’’ or ‘‘underserved,’’ as entered into at or before the time the calculating compliance with this defined in § 1026.35(b)(2)(iv), to satisfy loan is consummated. Such an threshold. The Bureau will publish the requirement of § 1026.35(b)(2)(iii)(A) agreement is sometimes known as a notice of the asset threshold each year (the rural-or-underserved test). Pursuant ‘‘forward commitment.’’ Even if a by amending this comment. For to § 1026.35(b)(2)(iv), an area is creditor is otherwise eligible for an calendar year 2021, the asset threshold considered to be rural if it is: A county exemption in § 1026.35(b)(2)(iii) or is $10,000,000,000. A creditor that that is neither in a metropolitan § 1026.35(b)(2)(vi), a first-lien higher- during calendar year 2020 had assets of statistical area, nor a micropolitan

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statistical area adjacent to a that meets the definition of rural or oxide (NOX) Reasonably Available metropolitan statistical area, as those underserved under § 1026.35(b)(2)(iv). Control Technology (RACT) for the terms are defined by the U.S. Office of ii. During the preceding calendar year, Facility’s electric arc furnace (Sayreville Management and Budget; or a census or, if the application for the transaction EAF) to continue to operate under the block that is not in an urban area, as was received before April 1 of the current New Jersey Department of defined by the U.S. Census Bureau current calendar year, during either of Environmental Protection (NJDEP) using the latest decennial census of the the two preceding calendar years, the approved VOC and NOX emission limits United States. An area is considered to creditor together with its affiliates for the Sayreville EAF. be underserved during a calendar year extended no more than 2,000 covered DATES: The final rule is effective on if, according to HMDA data for the transactions, as defined by March 19, 2021. preceding calendar year, it is a county § 1026.43(b)(1), secured by first liens, ADDRESSES: The EPA has established a in which no more than two creditors that were sold, assigned, or otherwise docket for this action under Docket ID extended covered transactions secured transferred to another person, or that Number EPA–R02–OAR–2019–0720. All by first liens on properties in the county were subject at the time of documents in the docket are listed on five or more times. consummation to a commitment to be the http://www.regulations.gov website. A. The Bureau determines annually acquired by another person, to satisfy Although listed in the index, some which counties in the United States are the requirement of information is not publicly available, rural or underserved as defined by § 1026.35(b)(2)(iii)(B). e.g., Confidential Business Information § 1026.35(b)(2)(iv)(A)(1) or iii. As of the preceding December or other information whose disclosure is § 1026.35(b)(2)(iv)(B) and publishes on 31st, or, if the application for the restricted by statute. Certain other its public website lists of those counties transaction was received before April 1 material, such as copyrighted material, to assist creditors in determining of the current calendar year, as of either is not placed on the internet and will be whether they meet the criterion at of the two preceding December 31sts, publicly available only in hard copy § 1026.35(b)(2)(iii)(A). Creditors may the creditor and its affiliates that form. Publicly available docket also use an automated tool provided on regularly extended covered transactions materials are available electronically the Bureau’s public website to secured by first liens, together, had total through http://www.regulations.gov. determine whether specific properties assets that do not exceed the applicable are located in areas that qualify as FOR FURTHER INFORMATION CONTACT: asset threshold established by the Linda Longo, Air Programs Branch, ‘‘rural’’ or ‘‘underserved’’ according to Bureau, to satisfy the requirement of the definitions in § 1026.35(b)(2)(iv) for Environmental Protection Agency, § 1026.35(b)(2)(iii)(C). The Bureau Region 2 Office, 290 Broadway, 25th a particular calendar year. In addition, publishes notice of the asset threshold the U.S. Census Bureau may also Floor, New York, New York 10007– each year by amending comment 1866, (212) 637–3565, or by email at provide on its public website an 35(b)(2)(iii)–1.iii. automated address search tool that [email protected]. * * * * * specifically indicates if a property SUPPLEMENTARY INFORMATION: address is located in an urban area for Dated: January 19, 2021. Table of Contents purposes of the Census Bureau’s most Grace Feola, recent delineation of urban areas. For Federal Register Liaison, Bureau of Consumer I. Background II. The EPA’s Evaluation of New Jersey’s any calendar year that begins after the Financial Protection. Submittal date on which the Census Bureau [FR Doc. 2021–01572 Filed 2–16–21; 8:45 am] III. What comments were received in announced its most recent delineation BILLING CODE 4810–AM–P response to the EPA’s proposed action? of urban areas, a property is located in IV. Summary of EPA’s Final Action an area that qualifies as ‘‘rural’’ V. Incorporation by Reference according to the definitions in ENVIRONMENTAL PROTECTION VI. Statutory and Executive Order Reviews § 1026.35(b)(2)(iv) if the search results AGENCY I. Background provided for the property by any such automated address search tool available 40 CFR Part 52 The EPA approves a revision to the on the Census Bureau’s public website State of New Jersey’s (the State) SIP for do not identify the property as being in [EPA–R02–OAR–2019–0720; FRL–10017– attainment and maintenance of the 00–Region 2] an urban area. ozone National Ambient Air Quality Standards (NAAQS). On July 15, 2020 B. For example, if a creditor extended Approval of Source-Specific Air (85 FR 42803), the EPA proposed to during 2017 a first-lien covered Quality Implementation Plans; New approve the State’s April 30, 2019, SIP transaction that is secured by a property Jersey that is located in an area that meets the revision, which relates to the definition of rural or underserved under AGENCY: Environmental Protection application of the New Jersey § 1026.35(b)(2)(iv), the creditor meets Agency. Administrative Code (NJAC) Title 7, this element of the exception for any ACTION: Final rule. Chapter 27, Subchapter 16, ‘‘Control transaction consummated during 2018. and Prohibition of Air Pollution from C. Alternatively, if the creditor did SUMMARY: The Environmental Protection Volatile Organic Compounds’’ (NJAC not extend in 2017 a transaction that Agency (EPA) approves a revision to the 7:27–16) and the NJAC, Title 7, Chapter meets the definition of rural or State of New Jersey’s State 27, Subchapter 19, ‘‘Control and underserved test under Implementation Plan (SIP) for the ozone Prohibition of Air Pollution from Oxides § 1026.35(b)(2)(iv), the creditor satisfies National Ambient Air Quality Standard of Nitrogen’’ (NJAC 7:27–19) to the this criterion for any transaction (NAAQS) related to a source-specific Sayreville EAF. Under this SIP revision, consummated during 2018 for which it SIP for CMC Steel New Jersey, located the emission limits for VOC and NOX received the application before April 1, at 1 N Crossman, Sayreville, New Jersey for the Sayreville EAF are the lowest 2018, if it extended during 2016 a first- (Facility). The control options in this emission limits achievable with the lien covered transaction that is secured source-specific SIP address volatile application of control technology that is by a property that is located in an area organic compounds (VOC) and nitrogen reasonably available given the

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technological and economic feasibility and EPA confirms the Facility’s RACT materials generally available through considerations associated with analysis conclusion that no comparable www.regulations.gov and at the EPA operating the Sayreville EAF (i.e., RACT electric arc furnace emission control Region 2 Office (please contact the for the Sayreville EAF). The Facility is technologies are deployed at other person identified in the FOR FURTHER allowed to continue to operate under its facilities nationwide. For a detailed INFORMATION CONTACT section of this current approved emission limits of 57 explanation and evaluation of the SIP preamble for more information). pounds per hour (lb/hr) of VOC and 31 revision, refer to the proposed Therefore, these materials have been lb/hr of NOX for the Sayreville EAF, rulemaking. See 85 FR 42803, July 15, approved by the EPA for inclusion in because its request to be covered under 2020. the State Implementation Plan, have alternative control plans for VOC III. What comments were received in been incorporated by reference by the pursuant to NJAC 7:27 Subchapter 16 response to the EPA’s proposed action? EPA into that plan, are fully federally and for NOX pursuant to NJAC 7:27 enforceable under sections 110 and 113 Subchapter 19 met the State’s deadlines The EPA received no public of the CAA as of the effective date of the and statutory criteria for approval. A comments in response to the July 15, final rulemaking of the EPA’s approval, full summary of EPA’s findings for this 2020 proposed rulemaking. Therefore, and will be incorporated by reference in source-specific SIP revision is included the EPA approves this SIP revision with the next update to the SIP compilation.1 in the technical support document that no further changes. VI. Statutory and Executive Order is contained in EPA’s docket assigned to IV. Summary of the EPA’s Final Action this Federal Register document. Reviews The EPA approves the State of New Under the Clean Air Act, the II. The EPA’s Evaluation of New Jersey’s SIP revision dated April 30, Administrator is required to approve a Jersey’s Submittals 2019, which includes a source-specific SIP submission that complies with the The EPA’s approval is based on the SIP for CMC Steel New Jersey, located provisions of the Act and applicable conclusion that the State’s April 30, at 1 N Crossman, Sayreville, New Jersey. Federal regulations. 42 U.S.C. 7410(k); 2019 SIP revision to authorizing the The control options in this source- 40 CFR 52.02(a). Thus, in reviewing SIP Facility to continue to operate under specific SIP address the State of New submissions, the EPA’s role is to Jersey’s RACT requirements included in existing VOC and NOX emission limits approve state choices, provided that for the Sayreville EAF operated by CMC NJAC 7:27–16, ‘‘Control and Prohibition they meet the criteria of the Clean Air Steel New Jersey conforms with the of Air Pollution from Volatile Organic Act. Accordingly, this action merely State’s regulations under NJAC 7:27– Compounds’’ and New Jersey NJAC approves state law as meeting Federal 16.17 and NJAC 7:27–19.13. After 7:27–19, ‘‘Control and Prohibition of Air requirements and does not impose reviewing CMC Steel New Jersey’s Pollution from Oxides of Nitrogen’’, additional requirements beyond those updated facility-specific VOC and NOX both effective January 16, 2018. The imposed by state law. For that reason, control plans, which were submitted to EPA makes the following findings: (1) this final action: NJDEP, that are the subject of this The Facility met NJDEP’s statutory • Is not a significant regulatory action source-specific SIP revision, the EPA criteria and deadlines to qualify for subject to review by the Office of makes the following determination: continuing to operate under existing Management and Budget under (1) The Facility qualifies to continue VOC and NOX emission limits; (2) the Executive Order 12866 (58 FR 51735, to operate under the current NJDEP- Facility meets emission limits set by October 4, 1993) and 13563 (76 FR 3821, approved emission limits for VOC and NJDEP for VOC emission rate at 57 lb/ January 21, 2011); NOX. Under NJAC: 7:27–16.17(c)(3), hr and for NOX emission rate at 31 lb/ • Does not impose an information facilities that sought to continue hr; and (3) the Facility implements collection burden under the provisions operating with an alternative VOC RACT controls for VOC and NOX—for of the Paperwork Reduction Act (44 control plan that was approved prior to VOC, through execution of the Scrap U.S.C. 3501 et seq.); May 19, 2009, were required to submit Management Plan and operating a direct • Is certified as not having a updated proposed VOC control plans to evacuation system and for NOX, through significant economic impact on a NJDEP for review by August 17, 2009. application of good operating practices substantial number of small entities Similarly, under NJAC: 7:27–19.13(a)(3), that maintain a constant temperature in under the Regulatory Flexibility Act (5 facilities that sought to continue to the preheater chamber and minimizes U.S.C. 601 et seq.); operate under existing facility-specific electricity consumption to avoid • Does not contain any unfunded NOX control plans that were approved indirect NOX emissions. The Facility mandate or significantly or uniquely prior to May 1, 2005, were required to has demonstrated that it meets all affect small governments, as described submit updated proposed NOX control applicable requirements of the CAA and in the Unfunded Mandates Reform Act plans to NJDEP for review by August 17, it will not interfere with any applicable of 1995 (Pub. L. 104–4); 2009. The Facility met both deadlines requirements pertaining to attainment of • Does not have Federalism with the submission of its VOC and the NAAQS and reasonable further implications as specified in Executive NOX control plans, respectively. progress or with any other applicable Order 13132 (64 FR 43255, August 10, (2) The Facility’s Operating Permit, requirement of the CAA. 1999); issued pursuant to Title V of the Clean • Is not an economically significant V. Incorporation by Reference Air Act (CAA), 42 U.S.C. 7661a, regulatory action based on health or describes a facility-specific VOC In this document, the EPA is safety risks subject to Executive Order emission limit of 57 lb/hr and a facility- finalizing regulatory text that includes 13045 (62 FR 19885, April 23, 1997); specific maximum allowable NOX incorporation by reference. In • Is not a significant regulatory action emission limit of 31 lb/hr, both of which accordance with requirements of 1 CFR subject to Executive Order 13211 (66 FR are consistent with the updated VOC 51.5, the EPA is incorporating by 28355, May 22, 2001); and NOX control plans that are the reference the provisions described • Is not subject to requirements of subject of this SIP revision. above in Section IV. Summary of the section 12(d) of the National (3) The EPA’s consultation with air EPA’s Final Action. The EPA has made, pollution control experts from NJDEP and will continue to make, these 1 62 FR 27968 (May 22, 1997).

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Technology Transfer and Advancement Congress and to the Comptroller General List of Subjects 40 CFR Part 52 Act of 1995 (15 U.S.C. 272 note) because of the United States. The EPA will Environmental protection, Air application of those requirements would submit a report containing this action pollution control, Incorporation by be inconsistent with the Clean Air Act; and other required information to the reference, Intergovernmental relations, and U.S. Senate, the U.S. House of • Oxides of nitrogen, Ozone, Reporting Does not provide the EPA with the Representatives, and the Comptroller discretionary authority to address, as and recordkeeping requirements, General of the United States prior to Volatile organic compounds. appropriate, disproportionate human publication of the rule in the Federal health or environmental effects, using Authority: 42 U.S.C. 7401 et seq. Register. A major rule cannot take effect practicable and legally permissible until 60 days after it is published in the Dated: February 10, 2021. methods, under Executive Order 12898 Federal Register. This action is not a Walter Mugdan, (59 FR 7629, February 16, 1994). Acting Regional Administrator, Region 2. In addition, the SIP is not approved ‘‘major rule’’ as defined by 5 U.S.C. 804(2). to apply on any Indian reservation land PART 52—APPROVAL AND or in any other area where the EPA or Under section 307(b)(1) of the Clean PROMULGATION OF an Indian tribe has demonstrated that a Air Act, petitions for judicial review of IMPLEMENTATION PLANS tribe has jurisdiction. In those areas of this action must be filed in the United Indian country, the rule does not have States Court of Appeals for the ■ 1. The authority citation for part 52 tribal implications and will not impose appropriate circuit by April 19, 2021. continues to read as follows: substantial direct costs on tribal Filing a petition for reconsideration by Authority: 42 U.S.C. 7401 et seq. governments or preempt tribal law as the Administrator of this final rule does specified by Executive Order 13175 (65 not affect the finality of this action for Subpart FF—New Jersey FR 67249, November 9, 2000). the purposes of judicial review nor does The Congressional Review Act, 5 ■ it extend the time within which a 2. Section 52.1570 is amended in U.S.C. 801 et seq., as added by the Small paragraph (d) by adding an entry for petition for judicial review may be filed, Business Regulatory Enforcement CMC Steel New Jersey to the end of the and shall not postpone the effectiveness Fairness Act of 1996, generally provides table to read as follows: that before a rule may take effect, the of such rule or action. This action may agency promulgating the rule must not be challenged later in proceedings to § 52.1570 Identification of plan. submit a rule report, which includes a enforce its requirements. (See section * * * * * copy of the rule, to each House of the 307(b)(2)). (d) * * *

EPA-APPROVED NEW JERSEY SOURCE-SPECIFIC PROVISIONS

Name of source Identifier No. State effective date EPA approval date Comments

******* CMC Steel New Jersey ...... BOP 150002; PI 18052; Emission Unit U1 ...... May 1, 2019 ...... February 17, 2021 .... None.

* * * * * requests for hearings must be received provide remote customer service via [FR Doc. 2021–03055 Filed 2–16–21; 8:45 am] on or before April 19, 2021, and must email, phone, and webform. For the BILLING CODE 6560–50–P be filed in accordance with the latest status information on EPA/DC instructions provided in 40 CFR part services and docket access, visit https:// 178 (see also Unit I.C. of the www.epa.gov/dockets. ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION). AGENCY FOR FURTHER INFORMATION CONTACT: ADDRESSES: The docket for this action, Marietta Echeverria, Registration 40 CFR Part 180 identified by docket identification (ID) Division (7505P), Office of Pesticide number EPA–HQ–OPP–2019–0641, is Programs, Environmental Protection [EPA–HQ–OPP–2019–0641; FRL–10017–26] available at http://www.regulations.gov Agency, 1200 Pennsylvania Ave. NW, or at the Office of Pesticide Programs Washington, DC 20460–0001; main Clopyralid; Pesticide Tolerances Regulatory Public Docket (OPP Docket) telephone number: (703) 305–7090; in the Environmental Protection Agency AGENCY: Environmental Protection email address: [email protected]. Agency (EPA). Docket Center (EPA/DC), West William ACTION: Final rule. Jefferson Clinton Bldg., Rm. 3334, 1301 SUPPLEMENTARY INFORMATION: Constitution Ave. NW, Washington, DC SUMMARY: This regulation establishes 20460–0001. The Public Reading Room I. General Information tolerances for residues of clopyralid in is open from 8:30 a.m. to 4:30 p.m., A. Does this action apply to me? or on the caneberry subgroup 13–07A, Monday through Friday, excluding legal the bulb onion subgroup 3–07A, and holidays. The telephone number for the You may be potentially affected by intermediate wheatgrass bran, forage, Public Reading Room is (202) 566–1744, this action if you are an agricultural germ, grain, middling, shorts, and straw. and the telephone number for the OPP producer, food manufacturer, or Interregional Research Project Number 4 Docket is (703) 305–5805. pesticide manufacturer. The following (IR–4) requested these tolerances under Due to the public health concerns list of North American Industrial the Federal Food, Drug, and Cosmetic related to COVID–19, the EPA Docket Classification System (NAICS) codes is Act (FFDCA). Center (EPA/DC) and Reading Room is not intended to be exhaustive, but rather DATES: This regulation is effective closed to visitors with limited provides a guide to help readers February 17, 2021. Objections and exceptions. The staff continues to determine whether this document

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applies to them. Potentially affected follow the instructions at http:// aggregate exposure to the pesticide entities may include: www.epa.gov/dockets/contacts.html. chemical residue. . . .’’ • Crop production (NAICS code 111). Additional instructions on Consistent with FFDCA section • Animal production (NAICS code commenting or visiting the docket, 408(b)(2)(D), and the factors specified in 112). along with more information about FFDCA section 408(b)(2)(D), EPA has • Food manufacturing (NAICS code dockets generally, is available at http:// reviewed the available scientific data 311). www.epa.gov/dockets. and other relevant information in • Pesticide manufacturing (NAICS support of this action. EPA has code 32532). II. Summary of Petitioned-For Tolerance sufficient data to assess the hazards of and to make a determination on B. How can I get electronic access to In the Federal Register of April 15, other related information? aggregate exposure for clopyralid 2020 (85 FR 20910) (FRL–10006–54), including exposure resulting from the You may access a frequently updated EPA issued a document pursuant to tolerances established by this action. electronic version of EPA’s tolerance FFDCA section 408(d)(3), 21 U.S.C. EPA’s assessment of exposures and risks regulations at 40 CFR part 180 through 346a(d)(3), announcing the filing of a associated with clopyralid follows. the Government Publishing Office’s e- pesticide petition (PP 9E8794) by IR–4, In an effort to streamline its CFR site at http://www.ecfr.gov/cgi-bin/ IR–4 Project Headquarters, Rutgers, The publications in the Federal Register, text-idx?&c=ecfr&tpl=/ecfrbrowse/ State University of New Jersey, 500 EPA is not reprinting sections that Title40/40tab_02.tpl. College Road East, Suite 201W, repeat what has been previously Princeton, NJ 08540. The petition C. How can I file an objection or hearing published for tolerance rulemakings of requested that EPA establish tolerances the same pesticide chemical. Where request? in 40 CFR 180.431 for residues of the scientific information concerning a Under FFDCA section 408(g), 21 herbicide clopyralid (3,6-dichloro-2- particular chemical remains unchanged, U.S.C. 346a, any person may file an pyridinecarboxylic acid) in or on the objection to any aspect of this regulation raw agricultural commodities Onion, the content of those sections would not and may also request a hearing on those bulb, subgroup 3–07A at 0.4 parts per vary between tolerance rulemakings and objections. You must file your objection million (ppm); Caneberry subgroup 13– republishing the same sections is or request a hearing on this regulation 07A at 0.1 ppm; Wheatgrass, unnecessary; EPA considers referral in accordance with the instructions intermediate, bran at 12 ppm; back to those sections as sufficient to provided in 40 CFR part 178. To ensure Wheatgrass, intermediate, forage at 9 provide an explanation of the proper receipt by EPA, you must ppm; Wheatgrass, intermediate, germ at information EPA considered in making identify docket ID number EPA–HQ– 12 ppm; Wheatgrass, intermediate, grain its safety determination for the new OPP–2019–0641 in the subject line on at 3 ppm; Wheatgrass, intermediate, rulemaking. the first page of your submission. All middling at 12 ppm; Wheatgrass, EPA has previously published a objections and requests for a hearing intermediate, shorts at 12 ppm; number of tolerance rulemakings for must be in writing and must be received Wheatgrass, intermediate, straw at 9 clopyralid, in which EPA concluded, by the Hearing Clerk on or before April ppm. That document referenced a based on the available information, that 19, 2021. Addresses for mail and hand summary of the petition prepared by there is a reasonable certainty that no delivery of objections and hearing Corteva, the registrant, which is harm would result from aggregate requests are provided in 40 CFR available in the docket, http:// exposure to clopyralid and established 178.25(b). www.regulations.gov. No comments tolerances for residues of that chemical. In addition to filing an objection or were received in response to the notice EPA is incorporating previously hearing request with the Hearing Clerk of filing. published sections from those as described in 40 CFR part 178, please rulemakings as described further in this III. Aggregate Risk Assessment and submit a copy of the filing (excluding rulemaking, as they remain unchanged. Determination of Safety any Confidential Business Information Toxicological Profile. For a discussion (CBI)) for inclusion in the public docket. Section 408(b)(2)(A)(i) of FFDCA of the Toxicological Profile of Information not marked confidential allows EPA to establish a tolerance (the clopyralid, see Unit III.A. of the May 23, pursuant to 40 CFR part 2 may be legal limit for a pesticide chemical 2018 rulemaking (83 FR 23819) (FRL– disclosed publicly by EPA without prior residue in or on a food) only if EPA 9977–13). notice. Submit the non-CBI copy of your determines that the tolerance is ‘‘safe.’’ Toxicological Points of Departure/ objection or hearing request, identified Section 408(b)(2)(A)(ii) of FFDCA Levels of Concern. For a summary of the by docket ID number EPA–HQ–OPP– defines ‘‘safe’’ to mean that ‘‘there is a Toxicological Points of Departure/ 2019–0641, by one of the following reasonable certainty that no harm will Levels of Concern used for the safety methods: result from aggregate exposure to the assessment, see Unit III.B. of the May • Federal eRulemaking Portal: http:// pesticide chemical residue, including 23, 2018 rulemaking. www.regulations.gov. Follow the online all anticipated dietary exposures and all Exposure Assessment. Much of the instructions for submitting comments. other exposures for which there is exposure assessment remains the same, Do not submit electronically any reliable information.’’ This includes although updates have occurred to information you consider to be CBI or exposure through drinking water and in accommodate exposures from the other information whose disclosure is residential settings but does not include petitioned-for tolerances. The updates restricted by statute. occupational exposure. Section are discussed in this section; the • Mail: OPP Docket, Environmental 408(b)(2)(C) of FFDCA requires EPA to remaining discussion of EPA’s Protection Agency Docket Center (EPA/ give special consideration to exposure assumptions for exposure remain DC), (28221T), 1200 Pennsylvania Ave. of infants and children to the pesticide unchanged since the 2018 rulemaking. NW, Washington, DC 20460–0001. chemical residue in establishing a For a description of the rest of the EPA • Hand Delivery: To make special tolerance and to ‘‘ensure that there is a approach to and assumptions for the arrangements for hand delivery or reasonable certainty that no harm will exposure assessment, see Unit III.C. of delivery of boxed information, please result to infants and children from the May 23, 2018 rulemaking.

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Safety Factor for Infants and B. International Residue Limits Since tolerances and exemptions that Children. EPA continues to conclude are established on the basis of a petition that there is reliable data to support the In making its tolerance decisions, EPA under FFDCA section 408(d), such as reduction of the Food Quality Protection seeks to harmonize U.S. tolerances with the tolerances and modifications in this Act (FQPA) safety factor. See Unit III.D. international standards whenever final rule, do not require the issuance of possible, consistent with U.S. food of the May 23, 2018 rulemaking for a a proposed rule, the requirements of the safety standards and agricultural discussion of the Agency’s rationale for Regulatory Flexibility Act (RFA) (5 that determination. practices. EPA considers the international maximum residue limits U.S.C. 601 et seq.), do not apply. Aggregate Risks and Determination of (MRLs) established by the Codex This action directly regulates growers, Safety. EPA determines whether acute Alimentarius Commission (Codex), as food processors, food handlers, and food and chronic dietary pesticide exposures required by FFDCA section 408(b)(4). retailers, not States or tribes, nor does are safe by comparing aggregate No Codex MRLs have been established this action alter the relationships or exposure estimates to the acute for clopyralid. distribution of power and population adjusted dose (aPAD) and V. Conclusion responsibilities established by Congress chronic PAD (cPAD). Short-, in the preemption provisions of FFDCA intermediate-, and chronic-term risks Therefore, tolerances are established section 408(n)(4). As such, the Agency are evaluated by comparing the for residues of clopyralid in or on the has determined that this action will not estimated aggregate food, water, and Caneberry subgroup 13–07A at 0.1 ppm; have a substantial direct effect on States residential exposure to the appropriate Onion, bulb, subgroup 3–07A at 0.4 or Tribal Governments, on the PODs to ensure that an adequate margin ppm; Wheatgrass, intermediate, bran at relationship between the National of exposure (MOE) exists. For linear 12 ppm; Wheatgrass, intermediate, cancer risks, EPA calculates the lifetime Government and the States or Tribal forage at 9 ppm; Wheatgrass, Governments, or on the distribution of probability of acquiring cancer given the intermediate, germ at 12 ppm; estimated aggregate exposure. power and responsibilities among the Wheatgrass, intermediate, grain at 3 various levels of government or between No acute effects were identified in the ppm; Wheatgrass, intermediate, the Federal Government and Indian toxicological studies for clopyralid; middling at 12 ppm; Wheatgrass, Tribes. Thus, the Agency has therefore, acute risk is not expected. intermediate, shorts at 12 ppm; and determined that Executive Order 13132, Chronic dietary risks are below the Wheatgrass, intermediate, straw at 9 entitled ‘‘Federalism’’ (64 FR 43255, Agency’s level of concern of 100% of ppm. August 10, 1999) and Executive Order the cPAD: They are 30% of the cPAD for 13175, entitled ‘‘Consultation and children 1 to 2 years old, the population VI. Statutory and Executive Order Reviews subgroup with the highest exposure Coordination with Indian Tribal estimate. The short-term MOE is greater Governments’’ (65 FR 67249, November This action establishes tolerances 9, 2000) do not apply to this action. In than the Agency’s level of concern of under FFDCA section 408(d) in 100: It is 1,400 for children 1 to less addition, this action does not impose response to a petition submitted to the any enforceable duty or contain any than 2 years old, the population group Agency. The Office of Management and unfunded mandate as described under of concern. Intermediate-term or long- Budget (OMB) has exempted these types Title II of the Unfunded Mandates term residential exposures are not of actions from review under Executive expected. Order 12866, entitled ‘‘Regulatory Reform Act (UMRA) (2 U.S.C. 1501 et seq.). This action does not involve any Therefore, based on the risk Planning and Review’’ (58 FR 51735, technical standards that would require assessments and information described October 4, 1993). Because this action above, EPA concludes there is a has been exempted from review under Agency consideration of voluntary reasonable certainty that no harm will Executive Order 12866, this action is consensus standards pursuant to section result to the general population, or to not subject to Executive Order 13211, 12(d) of the National Technology infants and children, from aggregate entitled ‘‘Actions Concerning Transfer and Advancement Act exposure to clopyralid residues. More Regulations That Significantly Affect (NTTAA) (15 U.S.C. 272 note). detailed information about the Agency’s Energy Supply, Distribution, or Use’’ (66 VII. Congressional Review Act analysis can be found at http:// FR 28355, May 22, 2001) or Executive www.regulations.gov in the document Order 13045, entitled ‘‘Protection of Pursuant to the Congressional Review titled ‘‘Clopyralid. Human Health Risk Children from Environmental Health Act (5 U.S.C. 801 et seq.), EPA will Assessment for a Proposed Use on Bulb Risks and Safety Risks’’ (62 FR 19885, submit a report containing this rule and Onion Subgroup (3–07B), Caneberry April 23, 1997), nor is it considered a other required information to the U.S. Subgroup (13–07A), Wheatgrass, and a regulatory action under Executive Order Senate, the U.S. House of Label Amendment for Strawberry’’ in 13771, entitled ‘‘Reducing Regulations Representatives, and the Comptroller docket ID number EPA–HQ–OPP–2019– and Controlling Regulatory Costs’’ (82 General of the United States prior to 0641. FR 9339, February 3, 2017). This action publication of the rule in the Federal does not contain any information Register. This action is not a ‘‘major IV. Other Considerations collections subject to OMB approval rule’’ as defined by 5 U.S.C. 804(2). A. Analytical Enforcement Methodology under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does List of Subjects in 40 CFR Part 180 The Pesticide Analytical Manual it require any special considerations Volume II (PAM II) lists a method under Executive Order 12898, entitled Environmental protection, utilizing gas chromatography with ‘‘Federal Actions to Address Administrative practice and procedure, electron capture detection (GC/ECD) for Environmental Justice in Minority Agricultural commodities, Pesticides determination of clopyralid residues in Populations and Low-Income and pests, Reporting and recordkeeping plant commodities (Method I or Method Populations’’ (59 FR 7629, February 16, requirements. ACR 75.6). 1994).

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Dated: February 3, 2021. ENVIRONMENTAL PROTECTION pesticide manufacturer. The following Marietta Echeverria, AGENCY list of North American Industrial Acting Director, Registration Division, Office Classification System (NAICS) codes is of Pesticide Programs. 40 CFR Part 180 not intended to be exhaustive, but rather [EPA–HQ–OPP–2019–0492; FRL–10018–86] provides a guide to help readers Therefore, for the reasons stated in the determine whether this document preamble, EPA is amending 40 CFR Fluxametamide; Pesticide Tolerances applies to them. Potentially affected chapter I as follows: entities may include: AGENCY: Environmental Protection • PART 180—TOLERANCES AND Crop production (NAICS code 111). Agency (EPA). • Animal production (NAICS code EXEMPTIONS FOR PESTICIDE ACTION: Final rule. CHEMICAL RESIDUES IN FOOD 112). • SUMMARY: This regulation establishes Food manufacturing (NAICS code ■ tolerances for residues of fluxametamide 311). 1. The authority citation for part 180 • continues to read as follows: in or on tea, dried and tea, instant. Pesticide manufacturing (NAICS code 32532). Authority: 21 U.S.C. 321(q), 346a and 371. Nissan Chemical Corporation requested these tolerances under the Federal Food, B. How can I get electronic access to ■ 2. In § 180.431, amend paragraph (a) Drug, and Cosmetic Act (FFDCA). other related information? by designating the table and adding in DATES: This regulation is effective alphabetical order in newly designated February 17, 2021. Objections and You may access a frequently updated Table 1 to paragraph (a) the entries requests for hearings must be received electronic version of EPA’s tolerance ‘‘Caneberry subgroup 13–07A’’; ‘‘Onion, on or before April 19, 2021, and must regulations at 40 CFR part 180 through bulb, subgroup 3–07A’’; ‘‘Wheatgrass, be filed in accordance with the the Government Publishing Office’s e- intermediate, bran’’; ‘‘Wheatgrass, instructions provided in 40 CFR part CFR site at http://www.ecfr.gov/cgi-bin/ text-idx?&c=ecfr&tpl=/ecfrbrowse/ intermediate, forage’’; ‘‘Wheatgrass, 178 (see also Unit I.C. of the _ intermediate, germ’’; ‘‘Wheatgrass, SUPPLEMENTARY INFORMATION). Title40/40tab 02.tpl. intermediate, grain’’; ‘‘Wheatgrass, ADDRESSES: The docket for this action, C. How can I file an objection or hearing intermediate, middling’’; ‘‘Wheatgrass, identified by docket identification (ID) request? intermediate, shorts’’; and ‘‘Wheatgrass, number EPA–HQ–OPP–2019–0492, is intermediate, straw’’ to read as follows: Under FFDCA section 408(g), 21 available at http://www.regulations.gov U.S.C. 346a, any person may file an § 180.431 Clopyralid; tolerances for or at the Office of Pesticide Programs objection to any aspect of this regulation residues. Regulatory Public Docket (OPP Docket) and may also request a hearing on those in the Environmental Protection Agency (a) * * * objections. You must file your objection Docket Center (EPA/DC), West William or request a hearing on this regulation Jefferson Clinton Bldg., Rm. 3334, 1301 TABLE 1 TO PARAGRAPH (a) in accordance with the instructions Constitution Ave. NW, Washington, DC provided in 40 CFR part 178. To ensure 20460–0001. The Public Reading Room proper receipt by EPA, you must Parts per is open from 8:30 a.m. to 4:30 p.m., Commodity million identify docket ID number EPA–HQ– Monday through Friday, excluding legal OPP–2019–0492 in the subject line on holidays. The telephone number for the the first page of your submission. All ***** Public Reading Room is (202) 566–1744, objections and requests for a hearing Caneberry subgroup 13–07A ..... 0.1 and the telephone number for the OPP must be in writing, and must be Docket is (703) 305–5805. received by the Hearing Clerk on or ***** Due to the public health concerns before April 19, 2021. Addresses for Onion, bulb, subgroup 3–07A .... 0.4 related to COVID–19, the EPA Docket mail and hand delivery of objections Center (EPA/DC) and Reading Room is and hearing requests are provided in 40 ***** closed to visitors with limited Wheatgrass, intermediate, bran 12 CFR 178.25(b). exceptions. The staff continues to In addition to filing an objection or provide remote customer service via ***** hearing request with the Hearing Clerk email, phone, and webform. For the Wheatgrass, intermediate, forage 9 as described in 40 CFR part 178, please latest status information on EPA/DC submit a copy of the filing (excluding ***** services and docket access, visit http:// any Confidential Business Information Wheatgrass, intermediate, germ 12 www.epa.gov/dockets. (CBI)) for inclusion in the public docket. FOR FURTHER INFORMATION CONTACT: ***** Information not marked confidential Marietta Echeverria, Registration Wheatgrass, intermediate, grain 3 pursuant to 40 CFR part 2 may be Division (7505P), Office of Pesticide disclosed publicly by EPA without prior ***** Programs, Environmental Protection notice. Submit the non-CBI copy of your Wheatgrass, intermediate, mid- Agency, 1200 Pennsylvania Ave. NW, objection or hearing request, identified dling ...... 12 Washington, DC 20460–0001; main by docket ID number EPA–HQ–OPP– telephone number: (703) 305–7090; 2019–0492, by one of the following ***** email address: [email protected]. Wheatgrass, intermediate, shorts 12 methods: SUPPLEMENTARY INFORMATION: • Federal eRulemaking Portal: http:// ***** I. General Information www.regulations.gov. Follow the online Wheatgrass, intermediate, straw 9 instructions for submitting comments. A. Does this action apply to me? Do not submit electronically any * * * * * You may be potentially affected by information you consider to be CBI or [FR Doc. 2021–03172 Filed 2–16–21; 8:45 am] this action if you are an agricultural other information whose disclosure is BILLING CODE 6560–50–P producer, food manufacturer, or restricted by statute.

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• Mail: OPP Docket, Environmental chemical residue in establishing a potential’’ based on thyroid tumors in Protection Agency Docket Center (EPA/ tolerance and to ‘‘ensure that there is a male rats and liver tumors in male mice. DC), (28221T), 1200 Pennsylvania Ave. reasonable certainty that no harm will The reasons for this classification are (1) NW, Washington, DC 20460–0001. result to infants and children from both tumor types are driven by • Hand Delivery: To make special aggregate exposure to the pesticide adenomas, (2) these increased tumor arrangements for hand delivery or chemical residue. . . .’’ incidences are seen at the highest doses delivery of boxed information, please Consistent with FFDCA section tested (877 mg/kg/day for male mice follow the instructions at http:// 408(b)(2)(D), and the factors specified in and 899 mg/kg/day for male rats); these www.epa.gov/dockets/contacts.html. FFDCA section 408(b)(2)(D), EPA has doses are approaching the limit dose Additional instructions on reviewed the available scientific data (1000 mg/kg/day) for a carcinogenicity commenting or visiting the docket, and other relevant information in study, (3) there is no hyperplasia of the along with more information about support of this action. EPA has liver in either male or female mice, (4) dockets generally, is available at http:// sufficient data to assess the hazards of no increase in treatment-related tumors www.epa.gov/dockets. and to make a determination on has been observed in female mice or II. Summary of Petitioned-For aggregate exposure for fluxametamide female rats, and (5) no genotoxicity is Tolerance including exposure resulting from the observed in the required battery of tolerances established by this action. mutagenic studies. Due to the lack of In the Federal Register of February EPA’s assessment of exposures and risks genotoxicity and the fact that the tumors 11, 2020 (85 FR 7708) (FRL–10005–02), associated with fluxametamide follows. are seen only at doses more than 100- EPA issued a document pursuant to A. Toxicological Profile fold above the chronic reference dose, FFDCA section 408(d)(3), 21 U.S.C. EPA has determined that a non-linear 346a(d)(3), announcing the filing of a EPA has evaluated the available approach relying on the chronic pesticide petition (PP 9E8757) by Nissan toxicity data and considered its validity, reference dose (RfD) will adequately Chemical Corporation, 5–1, Nihonbashi completeness, and reliability as well as account for all chronic toxicity, 2-Chome Chuo-Ku, Tokyo 101–6119 the relationship of the results of the including carcinogenicity, that could Japan, c/o Lewis and Harrison, 2461 studies to human risk. EPA has also result from exposure to fluxametamide. South Clark Street, Suite 710, Arlington, considered available information The in-utero and perinatal treatment VA 22202. The petition requested that concerning the variability of the with fluxametamide in rats resulted in 40 CFR part 180 be amended by sensitivities of major identifiable toxicity and increased quantitative establishing tolerances for residues of subgroups of consumers, including susceptibility in developing animals. In the insecticide fluxametamide, infants and children. the 2-generation reproduction study, including its metabolites and Fluxametamide belongs to a class of fluxametamide produced no parental degradates, in or on tea at 5 parts per compounds called isoxazolines, which effect at the highest dose tested (19 mg/ million (ppm). That document are potent inhibitors of g-aminobutyric kg/day), while at the same dose level referenced a summary of the petition acid (GABA)-, glutamate-, and glycine- produced offspring effect which prepared by Nissan Chemical gated chloride channels in insects. consisted of the observation that the Corporation c/o Lewis and Harrison, the However, this pesticidal mode of action pups had distended abdomens and registrant, which is available in the (MOA) does not seem to be operative in affected pups had to be sacrificed for docket, http://www.regulations.gov. mammals as neurotoxicity was not humane reason. The dermal toxicity There were no comments received in found in either the acute or subchronic study did not show systemic toxicity at response to the notice of filing. neurotoxicity studies at the limit dose. the limit dose (1000 mg/kg/day). Based upon review of the data The available studies show different Specific information on the studies supporting the petition, EPA has revised organs can be affected. For the dietary received and the nature of the adverse the commodity definition and is toxicity studies in rats (neurotoxicity effects caused by fluxametamide, as establishing a tolerance for tea, dried study, chronic/carcinogenicity, and well as the no-observed-adverse-effect- and tea, instant. The reasons for these reproductive toxicity studies), a level (NOAEL) and the lowest-observed- changes are explained in Unit IV.C. common effect on the gastrointestinal adverse-effect-level (LOAEL) from the (GI) tract was observed. The effects toxicity studies, can be found at http:/ III. Aggregate Risk Assessment and consisted of gross pathology (an www.regulations.gov in document titled Determination of Safety increase incidence of abnormally pale ‘‘Fluxametamide: Human Health Risk Section 408(b)(2)(A)(i) of FFDCA color duodenum and jejunum) and Assessment to Support the allows EPA to establish a tolerance (the histopathology (increased incidence of Establishment of a Tolerance without legal limit for a pesticide chemical enterocyte epithelial vacuolation of the U.S. Registration in/on Tea. First Food residue in or on a food) only if EPA jejunum). Most of the effects seen in the Use’’ hereinafter ‘‘Fluxametamide determines that the tolerance is ‘‘safe.’’ subchronic neurotoxicity study were Human Health Risk Assessment’’ at Section 408(b)(2)(A)(ii) of FFDCA reproduced in the combined chronic pages 16–22 in docket ID number EPA– defines ‘‘safe’’ to mean that ‘‘there is a and carcinogenicity study with HQ–OPP–2019–0492. reasonable certainty that no harm will increased severity and at lower dose result from aggregate exposure to the level. In addition, consistent adverse B. Toxicological Points of Departure/ pesticide chemical residue, including effects were found in the lung (aggregate Levels of Concern all anticipated dietary exposures and all alveolar marcophages and cholesterol Once a pesticide’s toxicological other exposures for which there is cleft) and liver (centrilobular profile is determined, EPA identifies reliable information.’’ This includes hepatocellular vacuolation and toxicological points of departure (POD) exposure through drinking water and in periportal hepatocellular vacuolation). and levels of concern to use in residential settings, but does not include These adverse effects were present at a evaluating the risk posed by human occupational exposure. Section dose as low as 9 mg/kg/day in the exposure to the pesticide. For hazards 408(b)(2)(C) of FFDCA requires EPA to carcinogenicity study. that have a threshold below which there give special consideration to exposure Fluxametamide is classified as having is no appreciable risk, the toxicological of infants and children to the pesticide ‘‘suggestive evidence of carcinogenic POD is used as the basis for derivation

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of reference values for risk assessment. summarized in Unit III.A., EPA has prenatal and postnatal toxicity and the PODs are developed based on a careful concluded that a nonlinear RfD completeness of the database on toxicity analysis of the doses in each approach will adequately account for all and exposure unless EPA determines toxicological study to determine the chronic toxicity, including based on reliable data that a different dose at which no adverse effects are carcinogenicity, that could result from margin of safety will be safe for infants observed (the NOAEL) and the lowest exposure to fluxametimide. A separate and children. This additional margin of dose at which adverse effects of concern cancer dietary exposure and risk safety is commonly referred to as the are identified (the LOAEL). Uncertainty/ assessment is not required. Cancer risk FQPA Safety Factor (SF). In applying safety factors are used in conjunction was assessed using the same exposure this provision, EPA either retains the with the POD to calculate a safe estimates as discussed in Unit III.C.1.ii., default value of 10X, or uses a different exposure level—generally referred to as chronic exposure. additional safety factor when reliable a population-adjusted dose (PAD) or a iv. Anticipated residue and percent data available to EPA support the choice reference dose (RfD)—and a safe margin crop treated (PCT) information. EPA did of a different factor. of exposure (MOE). For non-threshold not use anticipated residue and/or PCT 2. Prenatal and postnatal sensitivity. risks, the Agency assumes that any information in the dietary assessment There is an increase in quantitative amount of exposure will lead to some for fluxametamide. Tolerance level susceptibility in two-generation degree of risk. Thus, the Agency residues and/or 100 PCT were assumed reproductive toxicity study in rats. In estimates risk in terms of the probability for all food commodities. this study, parental animals showed no of an occurrence of the adverse effect 2. Dietary exposure from drinking adverse effects at 19 mg/kg/day (highest expected in a lifetime. For more water. EPA assumes that there is no dose tested, HDT), whereas some pups information on the general principles exposure through drinking water had to be euthanized due to distended EPA uses in risk characterization and a because fluxametamide is not registered abdomen at the same dose. However, complete description of the risk for use in the United States. Because the concern is low because there was a assessment process, see http:// residues are not expected in drinking clear NOAEL for the offspring effect (6 www2.epa.gov/pesticide-science-and- water, dietary risk estimates include mg/kg/day) and the POD selected for assessing-pesticide-risks/assessing- exposures from food only. chronic dietary exposure assessment (1 human-health-risk-pesticide. 3. From non-dietary exposure. The mg/kg/day) is protective of the offspring A summary of the toxicological term ‘‘residential exposure’’ is used in effects seen in the reproductive toxicity endpoints for fluxametamide used for this document to refer to non- study. human risk assessment can be found in occupational, non-dietary exposure 3. Conclusion. EPA has determined the Fluxametamide Human Health Risk (e.g., for lawn and garden pest control, that reliable data show the safety of Assessment. indoor pest control, termiticides, and infants and children would be flea and tick control on pets). adequately protected if the FQPA SF C. Exposure Assessment Fluxametamide is not being proposed to were reduced to 1X. That decision is 1. Dietary exposure from food and be registered for any specific use based on the following findings: feed uses. In evaluating dietary patterns that would result in residential i. The toxicity database for exposure to fluxametamide, EPA exposure. fluxametamide is complete. considered exposure under the 4. Cumulative effects from substances ii. There is no indication that petitioned-for tolerances. EPA assessed with a common mechanism of toxicity. fluxametamide is a neurotoxic chemical dietary exposures from fluxametamide Section 408(b)(2)(D)(v) of FFDCA and there is no need for a in food as follows: requires that, when considering whether developmental neurotoxicity study or i. Acute exposure. Quantitative acute to establish, modify, or revoke a additional UFs to account for dietary exposure and risk assessments tolerance, the Agency consider neurotoxicity. are performed for a food-use pesticide, ‘‘available information’’ concerning the iii. There is evidence of an increase in if a toxicological study has indicated the cumulative effects of a particular quantitative susceptibility in the 2- possibility of an effect of concern pesticide’s residues and ‘‘other generation reproductive toxicity study occurring as a result of a 1-day or single substances that have a common in rats. In this study, parental animals exposure. No such effects were mechanism of toxicity.’’ showed no adverse effects at 19 mg/kg/ identified in the toxicological studies Unlike other pesticides for which EPA day highest dose tested, (HDT), whereas for fluxametamide; therefore, a has followed a cumulative risk approach some pups had to be euthanized due to quantitative acute dietary exposure based on a common mechanism of distended abdomen at the same dose. assessment is unnecessary. toxicity, EPA has not made a common However, the concern is low because ii. Chronic exposure. In conducting mechanism of toxicity finding as to there was a clear NOAEL for the the chronic dietary exposure assessment fluxametamide and any other offspring effect (6 mg/kg/day) and the EPA used 2003–2008 food consumption substances and fluxametamide does not POD selected for chronic dietary data from the United States Department appear to produce a toxic metabolite exposure assessment (1 mg/kg/day) is of Agriculture’s (USDA) National Health produced by other substances. For the protective of the offspring effects seen in and Nutrition Examination Survey, purposes of this action, therefore, EPA the reproductive toxicity study. The What We Eat in America, (NHANES/ has not assumed that fluxametamide has selected points of departure for risk WWEIA). As to residue levels in food, a common mechanism of toxicity with assessment are protective of the EPA assumed tolerance-level residues of other substances. quantitative increase in susceptibility fluxametamide on tea and 100% crop seen in the rat reproductive toxicity treated. D. Safety Factor for Infants and study, for which a clear NOAEL and iii. Cancer. EPA determines whether Children LOAEL are established. quantitative cancer exposure and risk 1. In general. Section 408(b)(2)(C) of iv. There are no residual uncertainties assessments are appropriate for a food- FFDCA provides that EPA shall apply identified in the exposure databases. use pesticide based on the weight of the an additional tenfold (10X) margin of The dietary food exposure assessments evidence from cancer studies and other safety for infants and children in the were performed based on 100 PCT and relevant data. Based on the data case of threshold effects to account for tolerance-level residues. These

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assessments will not underestimate the on the lack of chronic risk at regulated determined that the same tolerance of 5 exposure and risks posed by levels of exposure, EPA concludes that ppm is appropriate for instant tea. fluxametamide. exposure to fluxametamide will not V. Conclusion pose an aggregate cancer risk. E. Aggregate Risks and Determination of 5. Determination of safety. Based on Therefore, tolerances are established Safety these risk assessments, EPA concludes for residues of fluxametamide, EPA determines whether acute and that there is a reasonable certainty that including its metabolites and chronic dietary pesticide exposures are no harm will result to the general degradates, in or on tea, dried at 5 ppm safe by comparing aggregate exposure population, or to infants and children and tea, instant at 5 ppm. estimates to the acute PAD (aPAD) and from aggregate exposure to VI. Statutory and Executive Order chronic PAD (cPAD). For linear cancer fluxametamide residues. Reviews risks, EPA calculates the lifetime probability of acquiring cancer given the IV. Other Considerations This action establishes tolerances under FFDCA section 408(d) in estimated aggregate exposure. Short-, A. Analytical Enforcement Methodology intermediate-, and chronic-term risks response to a petition submitted to the are evaluated by comparing the Adequate enforcement methodology Agency. The Office of Management and estimated aggregate food, water, and (high-performance liquid Budget (OMB) has exempted these types residential exposure to the appropriate chromatography method with tandem of actions from review under Executive PODs to ensure that an adequate MOE mass spectrometry detection (LC/MS/ Order 12866, entitled ‘‘Regulatory exists. MS), Method NCI–2012–101/NCI–2013– Planning and Review’’ (58 FR 51735, 1. Acute risk. An acute aggregate risk 017) is available to enforce the tolerance October 4, 1993). Because this action assessment takes into account acute expression. has been exempted from review under exposure estimates from dietary The method may be requested from: Executive Order 12866, this action is consumption of food and drinking Chief, Analytical Chemistry Branch, not subject to Executive Order 13211, water. No adverse effect resulting from Environmental Science Center, 701 entitled ‘‘Actions Concerning a single oral exposure was identified Mapes Rd., Ft. Meade, MD 20755–5350; Regulations That Significantly Affect and no acute dietary endpoint was telephone number: (410) 305–2905; Energy Supply, Distribution, or Use’’ (66 selected. Therefore, fluxametamide is email address: residuemethods@ FR 28355, May 22, 2001) or Executive not expected to pose an acute risk. epa.gov. Order 13045, entitled ‘‘Protection of 2. Chronic risk. Using the exposure Children from Environmental Health B. International Residue Limits assumptions described in this unit for Risks and Safety Risks’’ (62 FR 19885, chronic exposure, EPA has concluded In making its tolerance decisions, EPA April 23, 1997), nor is it considered a that chronic exposure to fluxametamide seeks to harmonize U.S. tolerances with regulatory action under Executive Order from food only will utilize less than 1% international standards whenever 13771, entitled ‘‘Reducing Regulations of the cPAD for all population possible, consistent with U.S. food and Controlling Regulatory Costs’’ (82 subgroups. There are no residential uses safety standards and agricultural FR 9339, February 3, 2017). This action for fluxametamide. practices. EPA considers the does not contain any information 3. Short-and intermediate-term risk. international maximum residue limits collections subject to OMB approval Short- and intermediate-term aggregate (MRLs) established by the Codex under the Paperwork Reduction Act exposure takes into account short- and Alimentarius Commission (Codex), as (PRA) (44 U.S.C. 3501 et seq.), nor does intermediate-term residential exposure required by FFDCA section 408(b)(4). it require any special considerations plus chronic exposure to food and water The Codex Alimentarius is a joint under Executive Order 12898, entitled (considered to be a background United Nations Food and Agriculture ‘‘Federal Actions to Address exposure level). Because fluxametamide Organization/World Health Environmental Justice in Minority is not registered in the United States, Organization food standards program, Populations and Low-Income the only exposures will be dietary, from and it is recognized as an international Populations’’ (59 FR 7629, February 16, residues in or on imported tea; food safety standards-setting 1994). therefore, no short-term or intermediate- organization in trade agreements to Since tolerances and exemptions that term residential exposure is expected. which the United States is a party. EPA are established on the basis of a petition Because there is no short- or may establish a tolerance that is under FFDCA section 408(d), such as intermediate-term residential exposure different from a Codex MRL; however, the tolerances in this final rule, do not and chronic dietary exposure has FFDCA section 408(b)(4) requires that require the issuance of a proposed rule, already been assessed under the EPA explain the reasons for departing the requirements of the Regulatory appropriately protective cPAD (which is from the Codex level. Flexibility Act (RFA) (5 U.S.C. 601 et at least as protective as the POD used to The Codex has not established an seq.), do not apply. assess short-term risk), no further MRL for fluxametamide. This action directly regulates growers, assessment of short- or intermediate- food processors, food handlers, and food C. Revisions to Petitioned-For term risk is necessary, and EPA relies on retailers, not States or Tribes, nor does Tolerances the chronic dietary risk assessment for this action alter the relationships or evaluating short- and intermediate-term The petition requested a tolerance for distribution of power and risk for fluxametamide. residues of fluxametamide in or on tea. responsibilities established by Congress 4. Aggregate cancer risk for U.S. Since dried tea is the commodity that in the preemption provisions of FFDCA population. As stated in Unit III.A., EPA enters commerce, EPA is establishing section 408(n)(4). As such, the Agency has concluded that the chronic the tolerance for the processed has determined that this action will not reference dose (RfD) will adequately commodity tea, dried rather than tea, have a substantial direct effect on States account for all repeated exposure/ plucked leaves. EPA is also establishing or Tribal Governments, on the chronic toxicity, including a tolerance for tea, instant, which is relationship between the National carcinogenicity, which could result another processed commodity of tea, Government and the States or Tribal from exposure to fluxametamide. Based plucked leaves, and EPA has Governments, or on the distribution of

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power and responsibilities among the specified in Table 1 is to be determined Center (EPA/DC) and Reading Room is various levels of government or between by measuring only residues of closed to visitors with limited the Federal Government and Indian fluxametamide, 4-[5-(3,5- exceptions. The staff continues to Tribes. Thus, the Agency has dichlorophenyl)-4,5-dihydro-5- provide remote customer service via determined that Executive Order 13132, (trifluoromethyl)-3-isoxazolyl]-N- email, phone, and webform. For the entitled ‘‘Federalism’’ (64 FR 43255, [(methoxyamino)methylene]-2- latest status information on EPA/DC August 10, 1999) and Executive Order methylbenzamide in or on the services and docket access, visit https:// 13175, entitled ‘‘Consultation and commodities: www.epa.gov/dockets. Please review the Coordination with Indian Tribal visitor instructions and additional Governments’’ (65 FR 67249, November TABLE 1 TO PARAGRAPH (a) information about the docket available 9, 2000) do not apply to this action. In at http://www.epa.gov/dockets. addition, this action does not impose Parts per FOR FURTHER INFORMATION CONTACT: Commodity million any enforceable duty or contain any Marietta Echeverria, Registration unfunded mandate as described under Tea, dried ...... 5 Division (7505P), Office of Pesticide Title II of the Unfunded Mandates Tea, instant ...... 5 Programs, Environmental Protection Reform Act (UMRA) (2 U.S.C. 1501 et Agency, 1200 Pennsylvania Ave. NW, seq.). (b)–(d) [Reserved] Washington, DC 20460–0001; main This action does not involve any [FR Doc. 2021–03179 Filed 2–16–21; 8:45 am] telephone number: (703) 305–7090; technical standards that would require BILLING CODE 6560–50–P email address: [email protected]. Agency consideration of voluntary SUPPLEMENTARY INFORMATION: consensus standards pursuant to section I. General Information 12(d) of the National Technology ENVIRONMENTAL PROTECTION Transfer and Advancement Act AGENCY A. Does this action apply to me? (NTTAA) (15 U.S.C. 272 note). You may be potentially affected by 40 CFR Part 180 VII. Congressional Review Act this action if you are an agricultural Pursuant to the Congressional Review [EPA–HQ–OPP–2020–0064; FRL–10018–70] producer, food manufacturer, or Act (5 U.S.C. 801 et seq.), EPA will pesticide manufacturer. The following submit a report containing this rule and Emamectin Benzoate; Pesticide list of North American Industrial other required information to the U.S. Tolerances Classification System (NAICS) codes is Senate, the U.S. House of AGENCY: Environmental Protection not intended to be exhaustive, but rather Representatives, and the Comptroller Agency (EPA). provides a guide to help readers determine whether this document General of the United States prior to ACTION: Final rule. publication of the rule in the Federal applies to them. Potentially affected Register. This action is not a ‘‘major SUMMARY: This regulation establishes entities may include: rule’’ as defined by 5 U.S.C. 804(2). tolerances for residues of emamectin • Crop production (NAICS code 111). benzoate in or on tea commodities. • Animal production (NAICS code List of Subjects in 40 CFR Part 180 Syngenta Crop Protection, LLC 112). Environmental protection, requested these tolerances under the • Food manufacturing (NAICS code Administrative practice and procedure, Federal Food, Drug, and Cosmetic Act 311). • Agricultural commodities, Pesticides (FFDCA). Pesticide manufacturing (NAICS and pests, Reporting and recordkeeping code 32532). DATES: This regulation is effective requirements. February 17, 2021. Objections and B. How can I get electronic access to Dated: January 19, 2021. requests for hearings must be received other related information? Edward Messina, on or before April 19, 2021, and must You may access a frequently updated Acting Director, Office of Pesticide Programs. be filed in accordance with the electronic version of EPA’s tolerance Therefore, for the reasons stated in the instructions provided in 40 CFR part regulations at 40 CFR part 180 through preamble, EPA is amending 40 CFR 178 (see also Unit I.C. of the the Government Publishing Office’s e- chapter I as follows: SUPPLEMENTARY INFORMATION). CFR site at http://www.ecfr.gov/cgi-bin/ ADDRESSES: The docket for this action, text-idx?&c=ecfr&tpl=/ecfrbrowse/ PART 180—TOLERANCES AND identified by docket identification (ID) Title40/40tab_02.tpl. EXEMPTIONS FOR PESTICIDE number EPA–HQ–OPP–2020–0064, is CHEMICAL RESIDUES IN FOOD available at http://www.regulations.gov C. How can I file an objection or hearing or at the Office of Pesticide Programs request? ■ 1. The authority citation for part 180 Regulatory Public Docket (OPP Docket) Under FFDCA section 408(g), 21 continues to read as follows: in the Environmental Protection Agency U.S.C. 346a, any person may file an Authority: 21 U.S.C. 321(q), 346a and 371. Docket Center (EPA/DC), West William objection to any aspect of this regulation ■ 2. Add § 180.715 to subpart C to read Jefferson Clinton Bldg., Rm. 3334, 1301 and may also request a hearing on those as follows: Constitution Ave. NW, Washington, DC objections. You must file your objection 20460–0001. The Public Reading Room or request a hearing on this regulation § 180.715 Fluxametamide; tolerances for is open from 8:30 a.m. to 4:30 p.m., in accordance with the instructions residues. Monday through Friday, excluding legal provided in 40 CFR part 178. To ensure (a) General. Tolerances are holidays. The telephone number for the proper receipt by EPA, you must established for residues of the Public Reading Room is (202) 566–1744, identify docket ID number EPA–HQ– insecticide fluxametamide, including its and the telephone number for the OPP OPP–2020–0064 in the subject line on metabolites and degradates, in or on the Docket is (703) 305–5805. the first page of your submission. All commodities to Table 1 of this section. Due to the public health concerns objections and requests for a hearing Compliance with the tolerance levels related to COVID–19, the EPA Docket must be in writing, and must be

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received by the Hearing Clerk on or Based upon review of the data Exposure assessment updates. EPA’s before April 19, 2021. Addresses for supporting the petition, EPA is exposure assessments have been mail and hand delivery of objections establishing tolerances that vary from updated to include the additional and hearing requests are provided in 40 what is requested. The reason for these exposure from residues of emamectin CFR 178.25(b). changes is explained in Unit IV.D. benzoate in or on tea commodities. The assessments continue to be refined as In addition to filing an objection or III. Aggregate Risk Assessment and described in the August 27, 2019 hearing request with the Hearing Clerk Determination of Safety as described in 40 CFR part 178, please tolerance rule preamble. The residues of submit a copy of the filing (excluding Section 408(b)(2)(A)(i) of FFDCA emamectin benzoate on tea commodities any Confidential Business Information allows EPA to establish a tolerance (the is not being approved for domestic use, (CBI)) for inclusion in the public docket. legal limit for a pesticide chemical so no changes were made to EPA’s Information not marked confidential residue in or on a food) only if EPA drinking water assessment or residential pursuant to 40 CFR part 2 may be determines that the tolerance is ‘‘safe.’’ exposure assessment. disclosed publicly by EPA without prior Section 408(b)(2)(A)(ii) of FFDCA Assessment of aggregate risks. EPA notice. Submit the non-CBI copy of your defines ‘‘safe’’ to mean that ‘‘there is a determines whether acute and chronic objection or hearing request, identified reasonable certainty that no harm will dietary pesticide exposures are safe by by docket ID number EPA–HQ–OPP– result from aggregate exposure to the comparing aggregate exposure estimates 2020–0064, by one of the following pesticide chemical residue, including to the acute PAD (aPAD) and chronic methods: all anticipated dietary exposures and all PAD (cPAD). Short-, intermediate-, and other exposures for which there is • Federal eRulemaking Portal: http:// chronic-term risks are evaluated by reliable information.’’ This includes www.regulations.gov. Follow the online comparing the estimated aggregate food, exposure through drinking water and in instructions for submitting comments. water, and residential exposure to the residential settings, but does not include Do not submit electronically any appropriate PODs to ensure that an occupational exposure. Section information you consider to be CBI or adequate MOE exists. For linear cancer 408(b)(2)(C) of FFDCA requires EPA to other information whose disclosure is risks, EPA calculates the lifetime give special consideration to exposure restricted by statute. probability of acquiring cancer given the • of infants and children to the pesticide estimated aggregate exposure. Mail: OPP Docket, Environmental chemical residue in establishing a Acute dietary risks are below the Protection Agency Docket Center (EPA/ tolerance and to ‘‘ensure that there is a Agency’s level of concern: 26% of the DC), (28221T), 1200 Pennsylvania Ave. reasonable certainty that no harm will acute population adjusted dose (aPAD) NW, Washington, DC 20460–0001. • result to infants and children from for children 1 to 2 years old, the Hand Delivery: To make special aggregate exposure to the pesticide population group of concern. Chronic arrangements for hand delivery or chemical residue. . . .’’ dietary risks are below the Agency’s delivery of boxed information, please Consistent with FFDCA section level of concern: 3.4% of the chronic follow the instructions at http:// 408(b)(2)(D), and the factors specified in population adjusted dose (cPAD) for www.epa.gov/dockets/contacts.html. FFDCA section 408(b)(2)(D), EPA has children 1 to 2 years old, the group with Additional instructions on reviewed the available scientific data the highest exposure. As there are no commenting or visiting the docket, and other relevant information in residential exposures expected, along with more information about support of this action. EPA has aggregate risks are equivalent to the dockets generally, is available at http:// sufficient data to assess the hazards of dietary risks, which are below the www.epa.gov/dockets. and to make a determination on Agency’s levels of concern. Based on the II. Summary of Petitioned-For aggregate exposure for emamectin most recent screening-level cumulative Tolerance benzoate including exposure resulting exposure assessment, EPA has from the tolerances established by this concluded the cumulative aggregate In the Federal Register of April 15, action. EPA’s assessment of exposures dietary and residential exposures for 2020 (85 FR 20910) (FRL–10006–54), and risks associated with emamectin emamectin benzoate result in aggregate EPA issued a document pursuant to benzoate follows. margins of exposures above the level of FFDCA section 408(d)(3), 21 U.S.C. In an effort to streamline Federal concern of 100 for all scenarios assessed 346a(d)(3), announcing the filing of a Register publications, EPA is not and are not of concern. pesticide petition (PP 9F8810) by reprinting here summaries of its Determination of safety. Therefore, Syngenta Crop Protection, LLC, 410 analysis that have previously appeared based on the risk assessments and Swing Road, Greensboro, NC 27409. The in the Federal Register in previous information described above, EPA petition requested that 40 CFR 180.505 tolerance rulemakings for the same concludes there is a reasonable certainty be amended by establishing a tolerance pesticide. To that end, this rulemaking that no harm will result to the general for residues of the insecticide refers the reader to several sections from population or to infants and children emamectin benzoate (a mixture of a the August 27, 2019 tolerance from aggregate exposure to emamectin minimum of 90% 4′-epi-methylamino- rulemaking for residues of emamectin benzoate residues. More detailed 4′-deoxyavermectin B1a and a benzoate that remain unchanged for an information on the subject action to maximum of 10% 4′-epi-methlyamino- understanding of the Agency’s rationale establish a tolerance in or on tea 4′deoxyavermectin B1b benzoate), and in support of this rulemaking. See (84 commodities can be found in the its metabolites 8,9 isomer of the B1a and FR 44718) (FRL–9997–10). Those document entitled, ‘‘Emamectin B1b in or on tea leaves at 0.2 parts per sections are: Units III.A (Toxicological (Emamectin Benzoate). Human Health million (ppm). That document Profile); III.B. (Toxicological Points of Risk Assessment in Support of referenced a summary of the petition Departure/Levels of Concern); III.C. Establishing Tolerances without a U.S. prepared by Syngenta Crop Protection, (Exposure Assessment), except as Registration for Residues of Emamectin LLC, the registrant, which is available in explained in the next paragraphs; III.D. in/on Tea Commodities’’ by going to the docket, http://www.regulations.gov. (Safety Factor for Infants and Children); http://www.regulations.gov. The There were no comments received in and IV.A (Analytical Enforcement referenced document is available in the response to the notice of filing. Method). docket established by this action, which

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is described under ADDRESSES. Locate Energy Supply, Distribution, or Use’’ (66 VII. Congressional Review Act and click on the hyperlink for docket ID FR 28355, May 22, 2001) or Executive number EPA–HQ–OPP–2020–0064. Order 13045, entitled ‘‘Protection of Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will IV. Other Considerations Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, submit a report containing this rule and A. International Residue Limits April 23, 1997), nor is it considered a other required information to the U.S. In making its tolerance decisions, EPA regulatory action under Executive Order Senate, the U.S. House of seeks to harmonize U.S. tolerances with 13771, entitled ‘‘Reducing Regulations Representatives, and the Comptroller international standards whenever and Controlling Regulatory Costs’’ (82 General of the United States prior to possible, consistent with U.S. food FR 9339, February 3, 2017). This action publication of the rule in the Federal safety standards and agricultural does not contain any information Register. This action is not a ‘‘major practices. EPA considers the collections subject to OMB approval rule’’ as defined by 5 U.S.C. 804(2). under the Paperwork Reduction Act international maximum residue limits List of Subjects in 40 CFR Part 180 (MRLs) established by the Codex (PRA) (44 U.S.C. 3501 et seq.), nor does Alimentarius Commission (Codex), as it require any special considerations Environmental protection, required by FFDCA section 408(b)(4). under Executive Order 12898, entitled Administrative practice and procedure, The Codex Alimentarius is a joint ‘‘Federal Actions to Address Agricultural commodities, Pesticides United Nations Food and Agriculture Environmental Justice in Minority and pests, Reporting and recordkeeping Organization/World Health Populations and Low-Income requirements. Organization food standards program, Populations’’ (59 FR 7629, February 16, and it is recognized as an international 1994). Dated: January 26, 2021. food safety standards-setting Since tolerances and exemptions that Marietta Echeverria, organization in trade agreements to are established on the basis of a petition Acting Director, Registration Division, Office which the United States is a party. EPA under FFDCA section 408(d), such as of Pesticide Programs. may establish a tolerance that is the tolerance in this final rule, do not different from a Codex MRL; however, Therefore, for the reasons stated in the require the issuance of a proposed rule, FFDCA section 408(b)(4) requires that preamble, EPA is amending 40 CFR the requirements of the Regulatory EPA explain the reasons for departing chapter I as follows: Flexibility Act (RFA) (5 U.S.C. 601 et from the Codex level. The Codex has not established a MRL seq.), do not apply. PART 180—TOLERANCES AND for emamectin benzoate. This action directly regulates growers, EXEMPTIONS FOR PESTICIDE food processors, food handlers, and food CHEMICAL RESIDUES IN FOOD B. Revisions to Petitioned-For retailers, not States or Tribes, nor does Tolerances this action alter the relationships or ■ 1. The authority citation for part 180 The tolerance on tea commodities is distribution of power and continues to read as follows: being set at 0.5 ppm instead of the responsibilities established by Congress proposed level at 0.2 ppm in order to in the preemption provisions of FFDCA Authority: 21 U.S.C. 321(q), 346a and 371. harmonize with the Japanese MRL. For section 408(n)(4). As such, the Agency ■ 2. In § 180.505, amend paragraph the proposed tolerance on tea, the has determined that this action will not commodity definition was revised to (a)(1) by designating the table and have a substantial direct effect on States adding in alphabetical order in newly include the standard commodities of or Tribal Governments, on the designated table 1 to paragraph (a)(1) ‘‘tea, dried’’ and ‘‘tea, instant.’’ relationship between the National the entries ‘‘Tea, dried’’; and ‘‘Tea, V. Conclusion Government and the States or Tribal Governments, or on the distribution of instant’’ to read as follows: Therefore, tolerances are established power and responsibilities among the § 180.505 Emamectin; tolerances for for residues of emamectin benzoate (a various levels of government or between mixture of a minimum of 90% 4′-epi- residues. ′ the Federal Government and Indian methylamino-4 -deoxyavermectin B1a Tribes. Thus, the Agency has (a) * * * and a maximum of 10% 4′-epi- determined that Executive Order 13132, (1) * * * methlyamino-4′deoxyavermectin B1b entitled ‘‘Federalism’’ (64 FR 43255, benzoate) and its metabolites in or on August 10, 1999) and Executive Order tea, dried and tea, instant at 0.5 ppm. TABLE 1 TO PARAGRAPH (a)(1) 13175, entitled ‘‘Consultation and VI. Statutory and Executive Order Coordination with Indian Tribal Commodity Parts per Reviews Governments’’ (65 FR 67249, November million This action establishes tolerances 9, 2000) do not apply to this action. In under FFDCA section 408(d) in addition, this action does not impose any enforceable duty or contain any ***** response to a petition submitted to the 1 unfunded mandate as described under Tea, dried ...... 0.5 Agency. The Office of Management and 1 Title II of the Unfunded Mandates Tea, instant ...... 0.5 Budget (OMB) has exempted these types ***** of actions from review under Executive Reform Act (UMRA) (2 U.S.C. 1501 et Order 12866, entitled ‘‘Regulatory seq.). 1 Emamectin benzoate has not been reg- istered for use in the United States as of Feb- Planning and Review’’ (58 FR 51735, This action does not involve any ruary 17, 2021. October 4, 1993). Because this action technical standards that would require has been exempted from review under Agency consideration of voluntary * * * * * Executive Order 12866, this action is consensus standards pursuant to section [FR Doc. 2021–03174 Filed 2–16–21; 8:45 am] not subject to Executive Order 13211, 12(d) of the National Technology BILLING CODE 6560–50–P entitled ‘‘Actions Concerning Transfer and Advancement Act Regulations That Significantly Affect (NTTAA) (15 U.S.C. 272 note).

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ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online AGENCY I. General Information instructions for submitting comments. 40 CFR Part 180 A. Does this action apply to me? Do not submit electronically any [EPA–HQ–OPP–2019–0580; FRL–10018–53] You may be potentially affected by information you consider to be CBI or other information whose disclosure is this action if you are an agricultural Orthosulfamuron; Pesticide restricted by statute. producer, food manufacturer, or • Tolerances Mail: OPP Docket, Environmental pesticide manufacturer. The following Protection Agency Docket Center (EPA/ AGENCY: Environmental Protection list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave. Agency (EPA). Classification System (NAICS) codes is NW, Washington, DC 20460–0001. not intended to be exhaustive, but rather ACTION: Final rule. • Hand Delivery: To make special provides a guide to help readers arrangements for hand delivery or SUMMARY: This regulation establishes determine whether this document delivery of boxed information, please tolerances for residues of applies to them. Potentially affected follow the instructions at http:// orthosulfamuron (1-(4,6- entities may include: www.epa.gov/dockets/contacts.html. • dimethoxypyrimidin-2-yl)-3-{[2- Crop production (NAICS code 111). Additional instructions on • (dimethylcarbamoyl)phenyl] Animal production (NAICS code commenting or visiting the docket, csulfamoyl}urea) in or on Almond, 112). along with more information about • hulls; Fruit, small, vine climbing, except Food manufacturing (NAICS code dockets generally, is available at http:// fuzzy kiwifruit, subgroup 13–07F; Nut, 311). www.epa.gov/dockets. • tree, group 14–12. Nichino America, Pesticide manufacturing (NAICS code 32532). II. Summary of Petitioned-For Inc. requested tolerances for these Tolerance commodities under the Federal Food, B. How can I get electronic access to In the Federal Register of March 3, Drug, and Cosmetic Act (FFDCA). other related information? 2020 (85 FR 12454) (FRL–10005–58), DATES: This regulation is effective You may access a frequently updated February 17, 2021. Objections and EPA issued a document pursuant to electronic version of EPA’s tolerance requests for hearings must be received FFDCA section 408(d)(3), 21 U.S.C. regulations at 40 CFR part 180 through on or before April 19, 2021, and must 346a(d)(3), announcing the filing of a the Government Publishing Office’s e- be filed in accordance with the pesticide petition (PP 9F8776) by CFR site at http://www.ecfr.gov/cgi-bin/ instructions provided in 40 CFR part Nichino America, Inc., 4550 Linden Hill text-idx?&c=ecfr&tpl=/ecfrbrowse/ 178 (see also Unit I.C. of the Road, Suite 501, Wilmington, DE 19808. Title40/40tab_02.tpl. The petition requested that 40 CFR SUPPLEMENTARY INFORMATION). 180.625 be amended by establishing ADDRESSES: The docket for this action, C. How can I file an objection or hearing request? tolerances for residues of the herbicide identified by docket identification (ID) orthosulfamuron in or on almond hulls number EPA–HQ–OPP–2019–0580, is Under FFDCA section 408(g), 21 at 0.03 parts per million (ppm), small available at http://www.regulations.gov U.S.C. 346a, any person may file an fruit vine climbing subgroup, except or at the Office of Pesticide Programs objection to any aspect of this regulation fuzzy kiwifruit (crop subgroup 13–07F) Regulatory Public Docket (OPP Docket) and may also request a hearing on those at 0.01 ppm, and tree nuts (crop group in the Environmental Protection Agency objections. You must file your objection 14–12) at 0.01 ppm. That document Docket Center (EPA/DC), West William or request a hearing on this regulation referenced a summary of the petition Jefferson Clinton Bldg., Rm. 3334, 1301 in accordance with the instructions prepared by Nichino America, Inc., the Constitution Ave. NW, Washington, DC provided in 40 CFR part 178. To ensure registrant, which is available in the 20460–0001. The Public Reading Room proper receipt by EPA, you must docket, http://www.regulations.gov. is open from 8:30 a.m. to 4:30 p.m., identify docket ID number EPA–HQ– There were no comments received in Monday through Friday, excluding legal OPP–2019–0580 in the subject line on response to the notice of filing. Based holidays. The telephone number for the the first page of your submission. All upon review of the data supporting the Public Reading Room is (202) 566–1744, objections and requests for a hearing petition, EPA has corrected the and the telephone number for the OPP must be in writing and must be received commodity definitions to reflect current Docket is (703) 305–5805. by the Hearing Clerk on or before April Agency terminology. Due to the public health concerns 19, 2021. Addresses for mail and hand related to COVID–19, the EPA Docket delivery of objections and hearing III. Aggregate Risk Assessment and Center (EPA/DC) and Reading Room is requests are provided in 40 CFR Determination of Safety closed to visitors with limited 178.25(b). Section 408(b)(2)(A)(i) of the FFDCA exceptions. The staff continues to In addition to filing an objection or allows EPA to establish a tolerance (the provide remote customer service via hearing request with the Hearing Clerk legal limit for a pesticide chemical email, phone, and webform. For the as described in 40 CFR part 178, please residue in or on a food) only if EPA latest status information on EPA/DC submit a copy of the filing (excluding determines that the tolerance is ‘‘safe.’’ services and docket access, visit https:// any Confidential Business Information Section 408(b)(2)(A)(ii) of the FFDCA www.epa.gov/dockets. (CBI)) for inclusion in the public docket. defines ‘‘safe’’ to mean that ‘‘there is a FOR FURTHER INFORMATION CONTACT: Information not marked confidential reasonable certainty that no harm will Marietta Echeverria, Registration pursuant to 40 CFR part 2 may be result from aggregate exposure to the Division (7505P), Office of Pesticide disclosed publicly by EPA without prior pesticide chemical residue, including Programs, Environmental Protection notice. Submit the non-CBI copy of your all anticipated dietary exposures and all Agency, 1200 Pennsylvania Ave. NW, objection or hearing request, identified other exposures for which there is Washington, DC 20460–0001; main by docket ID number EPA–HQ–OPP– reliable information.’’ This includes telephone number: (703) 305–7090; 2019–0580, by one of the following exposure through drinking water and in email address: [email protected]. methods: residential settings but does not include

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occupational exposure. Section well as the no-observed-adverse-effect- exposures from orthosulfamuron in food 408(b)(2)(C) of the FFDCA requires EPA level (NOAEL) and the lowest-observed- as follows: to give special consideration to adverse-effect-level (LOAEL) from the i. Acute exposure. Quantitative acute exposure of infants and children to the toxicity studies can be found at http:// dietary exposure and risk assessments pesticide chemical residue in www.regulations.gov in document are performed for a food-use pesticide, establishing a tolerance and to ‘‘ensure ‘‘Orthosulfamuron. Human Health Risk if a toxicological study has indicated the that there is a reasonable certainty that Assessment for Proposed New Uses on possibility of an effect of concern no harm will result to infants and Small Fruit Vine Climbing Subgroup, occurring as a result of a 1-day or single children from aggregate exposure to the Except Fuzzy Kiwifruit (13–07F), Tree exposure. pesticide chemical residue. . . .’’ Nuts (14–12), Non-Bearing Citrus Fruit No such effects were identified in the Consistent with FFDCA section (10–10), and Non-Bearing Stone Fruit toxicological studies for 408(b)(2)(D), and the factors specified (12–12)’’ (hereinafter ‘‘Orthosulfamuron orthosulfamuron; therefore, a therein, EPA has reviewed the available Human Health Risk Assessment’’) on quantitative acute dietary exposure scientific data and other relevant page numbers 25–35 in docket ID assessment is unnecessary. information in support of this action. number EPA–HQ–OPP–2019–0580. ii. Chronic exposure. In conducting EPA has sufficient data to assess the the chronic dietary exposure hazards of and to make a determination B. Toxicological Points of Departure/ assessment, EPA used 2003–2008 food on aggregate exposure for Levels of Concern consumption data from the U.S. orthosulfamuron including exposure Once a pesticide’s toxicological Department of Agriculture’s (USDA’s) resulting from the tolerances established profile is determined, EPA identifies National Health and Nutrition Examination Survey, What We Eat in by this action. EPA’s assessment of toxicological points of departure (POD) America (NHANES/WWEIA). As to exposures and risks associated with and levels of concern to use in residue levels in food, EPA assumed orthosulfamuron follows. evaluating the risk posed by human tolerance-level residues and 100 percent exposure to the pesticide. For hazards A. Toxicological Profile crop treated (PCT). that have a threshold below which there EPA has evaluated the available iii. Cancer. EPA determines whether is no appreciable risk, the toxicological toxicity data and considered its validity, quantitative cancer exposure and risk POD is used as the basis for derivation completeness, and reliability as well as assessments are appropriate for a food- the relationship of the results of the of reference values for risk assessment. use pesticide based on the weight of the studies to human risk. EPA has also PODs are developed based on a careful evidence from cancer studies and other considered available information analysis of the doses in each relevant data. Cancer risk is quantified concerning the variability of the toxicological study to determine the using a linear or nonlinear approach. sensitivities of major identifiable dose at which no adverse effects are Based on the available data for subgroups of consumers, including observed (the NOAEL) and the lowest orthosulfamuron, which is summarized infants and children. dose at which adverse effects of concern in Unit III.A., EPA has concluded that Orthosulfamuron is included in a are identified (the LOAEL). Uncertainty/ a nonlinear approach is appropriate for group of herbicides referred to as safety factors are used in conjunction assessing cancer risk to sulfonylureas that control weeds with the POD to calculate a safe orthosulfamuron. The chronic dietary through inhibition of the enzyme exposure level—generally referred to as reference dose (cRfD) is significantly acetolactate synthase (ALS). The a population-adjusted dose (PAD) or a lower than the dose that caused thyroid toxicological database for reference dose (RfD)—and a safe margin tumors in male rats, and therefore is orthosulfamuron is complete and no of exposure (MOE). For non-threshold protective of potential carcinogenicity. additional data are required. risks, the Agency assumes that any Cancer risk was assessed using the same Orthosulfamuron showed low acute amount of exposure will lead to some exposure estimates as discussed in Unit toxicity by all routes and no dermal degree of risk. Thus, the Agency III.C.1.ii., chronic exposure. irritation or sensitization (Category IV) estimates risk in terms of the probability iv. Anticipated residue and percent and was a mild eye irritant (Category of an occurrence of the adverse effect crop treated (PCT) information. EPA did III). The major target organs of expected in a lifetime. For more not use anticipated residue or PCT orthosulfamuron are the liver, kidneys information on the general principles information in the dietary assessment and thyroid gland, with effects generally EPA uses in risk characterization and a for orthosulfamuron. Tolerance-level observed at high doses following complete description of the risk residues and 100 PCT were assumed for chronic oral exposure. No evidence of assessment process, see http:// all food commodities. pre- and/or post-natal quantitative or www2.epa.gov/pesticide-science-and- 2. Dietary exposure from drinking qualitative susceptibility was observed, assessing-pesticide-risks/assessing- water. The Agency used screening level and the database overall did not show human-health-risk-pesticides. water exposure models in the dietary evidence of neurotoxicity. A summary of the toxicological exposure analysis and risk assessment Thyroid follicular cell tumors were endpoints for orthosulfamuron used for for orthosulfamuron in drinking water. observed at high doses in only one sex human risk assessment can be found on These simulation models take into and one species, and there was no page 13 in the Orthosulfamuron Human account data on the physical, chemical, evidence of genotoxicity. Therefore, in Health Risk Assessment. and fate/transport characteristics of accordance with the EPA Final C. Exposure Assessment orthosulfamuron. Further information Guidelines for Carcinogen Risk regarding EPA drinking water models Assessment (March 2005), 1. Dietary exposure from food and used in pesticide exposure assessment orthosulfamuron is classified as feed uses. In evaluating dietary can be found at http://www2.epa.gov/ ‘‘Suggestive Evidence of exposure to orthosulfamuron, EPA pesticide-science-and-assessing- Carcinogenicity.’’ considered exposure under the pesticide-risks/about-water-exposure- Specific information on the studies petitioned-for tolerances as well as all models-used-pesticide. received and the nature of the adverse existing orthosulfamuron tolerances in Screening groundwater-sourced effects caused by orthosulfamuron as 40 CFR 180.625. EPA assessed dietary drinking water exposure estimates were

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generated with the Pesticide Root Zone Based on the weight of the evidence, that chronic exposure to Model for GroundWater (PRZM–GW, which includes the lack of a common orthosulfamuron from food and water version 1.07) for use in sulfonylurea toxicological profile, the uncertainty in will utilize 81% of the cPAD for all dietary risk assessments. Rather than the human relevance of ALS inhibition, infants less than 1 year old, the using chemical-specific estimated and the lack of mammalian MOA data, population group receiving the greatest drinking water concentrations (EDWCs) a testable hypothesis for a common exposure. There are no residential uses following the usual assessment mechanism of action cannot be for orthosulfamuron. procedures, these coarse-screen identified. Therefore, the Agency 3. Short-term and intermediate-term estimates should exceed upper-bound, concludes that no common mechanism risk. Short-term and intermediate-term chemical-specific EDWCs for any of toxicity exists among these pesticides aggregate exposure takes into account sulfonylurea (SU). This was achieved by and a cumulative risk assessment short-term or intermediate-term using model inputs that represent the approach is not appropriate for this residential exposure plus chronic use pattern of highest exposure from class of pesticides. exposure to food and water (considered any SU, the highest soil mobility of any D. Safety Factor for Infants and to be a background exposure level). SU residue of concern, and the highest Children Short-term and intermediate-term persistence to any route of degradation adverse effects were identified in the over time. The resulting coarse-screen Section 408(b)(2)(C) of the FFDCA toxicity database (e.g., kidney and liver EDWC from PRZM–GW was used as the provides that EPA shall apply an effects); however, orthosulfamuron is conservative estimate of exposure. The additional tenfold (10X) margin of safety not registered for any use patterns that chronic dietary assessment for for infants and children in the case of would result in short-term or orthosulfamuron used the coarse-screen threshold effects to account for prenatal intermediate-term residential exposure. maximum daily concentration of 0.751 and postnatal toxicity and the Short-term risk is assessed based on ppm. completeness of the database on toxicity short-term residential exposure plus 3. Non-dietary exposure. The term and exposure unless EPA determines chronic dietary exposure. Intermediate- ‘‘residential exposure’’ is used in this based on reliable data that a different term risk is assessed based on document to refer to non-occupational, margin of safety will be safe for infants intermediate-term residential exposure non-dietary exposure (e.g., for lawn and and children. This additional margin of plus chronic dietary exposure. Because garden pest control, indoor pest control, safety is commonly referred to as the there is no short-term or intermediate- termiticides, and flea and tick control FQPA Safety Factor (SF). In applying term residential exposure and chronic on pets). Orthosulfamuron is not this provision, EPA either retains the dietary exposure has already been registered for any specific use patterns default value of 10X, or uses a different assessed under the appropriately that would result in residential additional safety factor when reliable protective cPAD (which is at least as exposure. data available to EPA support the choice protective as the POD used to assess 4. Cumulative effects from substances of a different factor. short-term or intermediate-term risk), no with a common mechanism of toxicity. EPA has determined that reliable data further assessment of short-term or Section 408(b)(2)(D)(v) of the FFDCA show the safety of infants and children intermediate-term risk is necessary, and requires that, when considering whether would be adequately protected if the EPA relies on the chronic dietary risk to establish, modify, or revoke a FQPA SF were reduced to 1x. The assessment for evaluating short-term tolerance, the Agency consider rationale for that decision remains the and intermediate-term risk for ‘‘available information’’ concerning the same as in the February 28, 2007 final orthosulfamuron. cumulative effects of a particular rule establishing tolerances for a use on 4. Aggregate cancer risk for U.S. pesticide’s residues and ‘‘other rice. See 72 FR 8928 (FRL–8113–4) for population. As stated in Unit III.C.1.iii, substances that have a common the full rationale in Unit III.D. EPA has concluded that the chronic mechanism of toxicity.’’ reference dose (RfD) will adequately The Agency has assessed E. Aggregate Risks and Determination of account for all repeated exposure/ orthosulfamuron, and its chemical class, Safety chronic toxicity, including sulfonylureas, and determined that the EPA determines whether acute and carcinogenicity, which could result SUs do not share a common mechanism chronic dietary pesticide exposures are from exposure to orthosulfamuron. As of toxicity (EPA–HQ–OPP–2011–04538– safe by comparing aggregate exposure there is no chronic risk of concern, EPA 0024). The SUs share a core chemical estimates to the acute PAD (aPAD) and concludes that exposure to structure with varying degrees of chronic PAD (cPAD). Short-, orthosulfamuron will not pose an structural similarity based on individual intermediate-, and chronic-term risks aggregate cancer risk. substituents on either side of the are evaluated by comparing the 5. Determination of safety. Based on molecule. In addition, the SUs share a estimated aggregate food, water, and these risk assessments, EPA concludes pesticidal mode of action (MOA) residential exposure to the appropriate that there is a reasonable certainty that (inhibition of acetolactate synthase PODs to ensure that an adequate MOE no harm will result to the general (ALS)), although the function of ALS in exists. humans is unknown and the relevance 1. Acute risk. An acute aggregate risk population, or to infants and children of this MOA in humans in unclear. assessment takes into account acute from aggregate exposure to Based on toxicity studies, the SUs do exposure estimates from dietary orthosulfamuron residues. not share a common toxicological consumption of food and drinking IV. Other Considerations profile; instead the target organs vary water. No adverse effect resulting from among the class and are often non- a single oral exposure was identified A. Analytical Enforcement Methodology specific, such as changes in body weight and no acute dietary endpoint was Adequate enforcement methodology or general effects on the liver. Further selected. Therefore, orthosulfamuron is utilizing high-performance liquid dividing the SUs into subclasses based not expected to pose an acute risk. chromatography with tandem mass on the urea substituent did not result in 2. Chronic risk: Using the exposure spectrometric detection (LC/MS/MS) is a clear association of a target organ with assumptions described in this unit for available to enforce the tolerance any particular substructure. chronic exposure, EPA has concluded expression.

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The method may be requested from: does not contain any information List of Subjects in 40 CFR Part 180 Chief, Analytical Chemistry Branch, collections subject to OMB approval Environmental Science Center, 701 under the Paperwork Reduction Act Environmental protection, Mapes Rd., Ft. Meade, MD 20755–5350; (PRA) (44 U.S.C. 3501 et seq.), nor does Administrative practice and procedure, telephone number: (410) 305–2905; it require any special considerations Agricultural commodities, Pesticides email address: residuemethods@ under Executive Order 12898, entitled and pests, Reporting and recordkeeping epa.gov. ‘‘Federal Actions to Address requirements. B. International Residue Limits Environmental Justice in Minority Dated: January 4, 2021. Populations and Low-Income Marietta Echeverria, In making its tolerance decisions, EPA Populations’’ (59 FR 7629, February 16, seeks to harmonize U.S. tolerances with 1994). Acting Director, Registration Division, Office of Pesticide Programs. international standards whenever Since tolerances and exemptions that possible, consistent with U.S. food are established on the basis of a petition Therefore, 40 CFR chapter I is safety standards and agricultural under FFDCA section 408(d), such as amended as follows: practices. EPA considers the the tolerances in this final rule, do not international maximum residue limits require the issuance of a proposed rule, PART 180—TOLERANCES AND (MRLs) established by the Codex the requirements of the Regulatory EXEMPTIONS FOR PESTICIDE Alimentarius Commission (Codex), as Flexibility Act (RFA) (5 U.S.C. 601 et CHEMICAL RESIDUES IN FOOD required by FFDCA section 408(b)(4). seq.), do not apply. Codex is a joint United Nations Food This action directly regulates growers, ■ and Agriculture Organization/World 1. The authority citation for part 180 food processors, food handlers, and food Health Organization food standards continues to read as follows: retailers, not States or tribes, nor does program, and it is recognized as an Authority: 21 U.S.C. 321(q), 346a and 371. this action alter the relationships or international food safety standards- distribution of power and ■ setting organization in trade agreements 2. In § 180.625, responsibilities established by Congress to which the United States is a party. ■ a. Revise paragraph (a) introductory in the preemption provisions of the Although EPA may establish a tolerance text; FFDCA section 408(n)(4). As such, the that is different from a Codex MRL, Agency has determined that this action ■ b. Designate the table in paragraph (a) FFDCA section 408(b)(4) requires that will not have a substantial direct effect and add alphabetically the commodities EPA explain the reasons for departing on States or tribal governments, on the ‘‘Almond, hulls’’; ‘‘Fruit, small, vine from the Codex level. climbing, except fuzzy kiwifruit, The Codex has not established an relationship between the national subgroup 13–07F’’; and ‘‘Nut, tree, MRL for orthosulfamuron in any government and the States or tribal group 14–12’’. commodity. governments, or on the distribution of power and responsibilities among the The revision and additions read as V. Conclusion various levels of government or between follows: Therefore, tolerances are established the Federal Government and Indian for residues of orthosulfamuron in or on tribes. Thus, the Agency has determined § 180.625 Orthosulfamuron; tolerances for Almond, hulls at 0.03 ppm; Fruit, small, that Executive Order 13132, entitled residues. vine climbing, except fuzzy kiwifruit, ‘‘Federalism’’ (64 FR 43255, August 10, (a) General. Tolerances are subgroup 13–07F at 0.01 ppm; and Nut, 1999) and Executive Order 13175, established for residues of the herbicide tree, group 14–12 at 0.01 ppm. entitled ‘‘Consultation and Coordination orthosulfamuron, including its with Indian Tribal Governments’’ (65 FR metabolites and degradates, in or on the VI. Statutory and Executive Order 67249, November 9, 2000) do not apply Reviews commodities in the table, below. to this action. In addition, this action Compliance with the tolerance levels This action establishes tolerances does not impose any enforceable duty or specified in the following table is to be contain any unfunded mandate as under the FFDCA section 408(d) in determined by measuring only described under Title II of the Unfunded response to a petition submitted to the orthosulfamuron, 1-(4,6- Mandates Reform Act (UMRA) (2 U.S.C. Agency. The Office of Management and dimethoxypyrimidin-2-yl)-3-{[2- 1501 et seq.). Budget (OMB) has exempted these types (dimethylcarbamoyl)phenyl] of actions from review under Executive This action does not involve any sulfamoyl}urea, in or on the following Order 12866, entitled ‘‘Regulatory technical standards that would require commodities: Planning and Review’’ (58 FR 51735, Agency consideration of voluntary October 4, 1993). Because this action consensus standards pursuant to section TABLE TO PARAGRAPH (a) has been exempted from review under 12(d) of the National Technology Executive Order 12866, this action is Transfer and Advancement Act Parts per not subject to Executive Order 13211, (NTTAA) (15 U.S.C. 272 note). Commodity million entitled ‘‘Actions Concerning VII. Congressional Review Act Regulations That Significantly Affect Almond, hulls ...... 0.03 Energy Supply, Distribution, or Use’’ (66 Pursuant to the Congressional Review Fruit, small, vine climbing, ex- FR 28355, May 22, 2001) or Executive Act (5 U.S.C. 801 et seq.), EPA will cept fuzzy kiwifruit, subgroup Order 13045, entitled ‘‘Protection of submit a report containing this rule and 13–07F ...... 0.01 Children from Environmental Health other required information to the U.S. Nut, tree, group 14–12 ...... 0.01 Risks and Safety Risks’’ (62 FR 19885, Senate, the U.S. House of April 23, 1997), nor is it considered a Representatives, and the Comptroller ***** regulatory action under Executive Order General of the United States prior to 13771, entitled ‘‘Reducing Regulations publication of the rule in the Federal * * * * * and Controlling Regulatory Costs’’ (82 Register. This action is not a ‘‘major [FR Doc. 2021–03181 Filed 2–16–21; 8:45 am] FR 9339, February 3, 2017). This action rule’’ as defined by 5 U.S.C. 804(2). BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION navigation in the vicinity of Humboldt SUPPLEMENTARY INFORMATION: The AGENCY Bay. The modified site will be subject to supporting document for this site monitoring and management to ensure modification action is the Final 40 CFR Part 228 continued protection of the marine Evaluation and Environmental environment. Assessment for Expansion of the [EPA–R09–OW–2020–0188; FRL–10016–87– Existing Humboldt Open Ocean DATES: Effective March 19, 2021. Region 9] Disposal Site (HOODS) Offshore of ADDRESSES: The EPA has established a Ocean Dumping: Modification of an Eureka, California (Final EA). This docket for this action under Docket ID document and its appendices are Ocean Dredged Material Disposal Site No. EPA–R09–OW–2020–0188. All Offshore of Humboldt Bay, California available via the EPA website https:// documents in the docket are listed on www.epa.gov/ocean-dumping/ AGENCY: Environmental Protection the https://www.regulations.gov humboldt-open-ocean-disposal-site- Agency (EPA). website, or please contact the person hoods-documents. identified in the FOR FURTHER ACTION: Final rule. INFORMATION CONTACT section for I. Potentially Affected Persons SUMMARY: The Environmental Protection additional availability information. If Persons potentially affected by this Agency (EPA) is permanently modifying you need assistance in a language other action include those who seek or might the boundaries of the existing EPA- than English or if you are a person with seek permits or approval to dispose of designated Humboldt Open Ocean disabilities who needs a reasonable dredged material into ocean waters Disposal Site (referred to hereafter as accommodation at no cost to you, please pursuant to the MPRSA, 33 U.S.C. 1401 HOODS) offshore of Humboldt Bay, contact the person identified in the FOR to 1445. The EPA’s action would be California, pursuant to Section 102 of FURTHER INFORMATION CONTACT section. relevant to persons, including the Marine Protection, Research and FOR FURTHER INFORMATION CONTACT: organizations and government bodies Sanctuaries Act, as amended (MPRSA). Brian Ross, U.S. Environmental seeking to dispose of dredged material The primary purpose for the site Protection Agency Region 9, Water in ocean waters offshore of Humboldt modification is to enlarge the site to Division, Dredging & Sediment Bay, California. Currently, the U.S. serve the long-term need for disposal of Management Team, 75 Hawthorne Army Corps of Engineers (USACE) permitted, suitable material dredged Street, San Francisco, California 94105; would be most affected by this action. from Humboldt Harbor and vicinity, in phone number (415) 972–3475; email: Potentially affected categories and order to provide for continued safe [email protected]. persons include:

Category Examples of potentially regulated persons

Federal Government ...... USACE Civil Works projects, and other Federal agencies. Industry and general public ...... Port authorities, marinas and harbors, shipyards and marine repair facilities, berth owners. State, local and tribal governments ...... Governments owning and/or responsible for ports, harbors, and/or berths, government agen- cies requiring disposal of dredged material associated with public works projects.

This table is not intended to be HOODS has mounded to the point Before any person can ocean dump exhaustive, but rather provides a guide where the site is now effectively dredged material at HOODS, the EPA for readers regarding persons likely to reaching full capacity. The USACE San and the USACE must evaluate the be affected by this action. For any Francisco District and EPA Region 9 project according to the ocean dumping questions regarding the applicability of have identified a need to increase the regulatory criteria (40 CFR 227) and the this action to a particular entity, please capacity of HOODS so that ongoing USACE must authorize the disposal refer to the contact person listed in the dredging can continue to provide for under section 103 of the MPRSA. 33 preceding FOR FURTHER INFORMATION safe navigation in and around Humboldt U.S.C. 1413(b). The USACE relies on the CONTACT section. Bay. The need for increasing ocean EPA’s ocean dumping criteria when disposal capacity at HOODS is based on II. Background evaluating permit requests for (and historical dredging volumes, estimates implementing federal projects a. History of Ocean Disposal Offshore of future dredging needs, and currently involving) the transportation of dredged limited availability of alternatives to Humboldt Bay, California material for the purpose of dumping it ocean disposal in the area. HOODS is the only designated ocean The EPA is modifying the existing into ocean waters. MPRSA permits and dredged material disposal site (ODMDS) HOODS boundaries rather than federal approvals for projects involving off the coast of Humboldt Bay, designating a new ocean disposal site ocean dumping of dredged material are California. The original HOODS was off the coast of Humboldt Bay. subject to the EPA’s review and located three to four nautical miles Monitoring studies at HOODS have concurrence in accordance with 33 (nmi) offshore Humboldt Bay, and was confirmed that there have been no U.S.C. 1413(c). The EPA may concur one square nautical mile (nmi2) in size. significant adverse environmental with or without conditions or decline to HOODS originally received final consequences of disposal in this area, concur (i.e., non-concur) on the permit designation by the EPA in 1995. Since and that there are no unique or limited or federal project authorization. If the that time an average of one million habitats, features, or uses of the ocean EPA concurs with conditions, the final cubic yards (cy) of dredged material has that would be affected by expanding the permit or authorization must include been disposed at HOODS each year. The site. Note that modifying the existing those conditions. If the EPA declines to great majority of this material has been HOODS boundary does not by itself concur, the USACE cannot issue the sand dredged by USACE from the mean that dredged material from any permit for ocean dumping of dredged Humboldt Harbor entrance channel. The specific project will necessarily be material or authorize the transportation dredged sand that has been disposed at approved to be disposed at the site. to and disposal of dredged material in

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the ocean associated with the federal unanticipated or significant adverse HOODS will ensure that mounding of project. effects are not occurring from past or disposed sand does not occur to the The draft Environmental Assessment continued use of the ocean disposal site extent that the wave climate near the (EA) supporting this action, along with and that terms of the MPRSA permit are Humboldt entrance channel is altered other publicly available docket met. All persons using HOODS will be and adversely affects navigation materials, was made available for public required to follow any project-specific conditions. This action therefore review at www.regulations.gov, and also permit conditions, as well as provisions satisfies this MPRSA criterion. on the EPA Region 9 web page: https:// of the updated Site Management and (b) Sites must be situated such that www.epa.gov/ocean-dumping/ Monitoring Plan (SMMP) for the temporary perturbations to water quality humboldt-open-ocean-disposal-site- modified site as identified or or other environmental conditions hoods-documents. EPA received incorporated into a permit or Federal during initial mixing caused by disposal comments from a total of four entities. project approval. The updated SMMP is operations would be reduced to normal Comments received, and EPA’s available as an appendix to the Final ambient levels or undetectable responses, are summarized below. EA, and separately at https:// contaminant concentrations or effects www.epa.gov/ocean-dumping/ before reaching any beach, shoreline, b. Location and Configuration of the humboldt-open-ocean-disposal-site- marine sanctuary, or known Modified HOODS hoods-documents. It includes geographically limited fishery or This action is the modification (by management and monitoring shellfishery. (40 CFR 228.5(b)). expansion) of the original HOODS. The considerations to ensure that disposal The HOODS modification area will be modified boundaries expand the activities will not unreasonably degrade used for disposal of suitable dredged original HOODS from one nmi2 to four or endanger the marine environment, material as determined by Section 102 nmi2 in size. The modified HOODS is in human health, welfare, or economic of the MPRSA, 33 U.S.C. 1412, and the approximately ¥150 to ¥210 feet of potentialities. The updated SMMP for Ocean Dumping Criteria published at 40 water (¥45 to ¥64 meters). The the modified HOODS also includes CFR 220–228. Based on the USACE and location of the modified site is defined management conditions to ensure EPA dredged material testing and by the coordinates listed below. These adverse mounding does not occur at the evaluation procedures, disposal of new boundaries supersede and replace site, and that the minimum area of the dredged maintenance material and the original boundaries of HOODS. The modified site is affected by disposal in proposed new work material is not coordinates for the expanded site are in any year. expected to have any significant impact North American Datum 83 (NAD 83): on water quality. The existing and d. MPRSA Criteria modified HOODS boundaries are Modified HOODS Coordinates (NAD 83) In evaluating the modified HOODS, located sufficiently far from shore and (A) 40°50.300′ N, 124°018.017′ W the EPA assessed the site according to fisheries resources to allow temporary ° ′ ° ′ (B) 40 49.267 N, 124 15.767 W the criteria of the MPRSA, with water quality disturbances caused by (C) 40°47.550′ N, 124°17.083′ W ° ′ ° ′ emphasis on the general and specific disposal of dredged material to be (D) 40 48.567 N, 124 19.300 W regulatory criteria of 40 CFR part 228, to reduced to ambient conditions before The modification of the HOODS determine whether the site modification reaching any environmentally sensitive boundary will allow the EPA to action satisfies those criteria. The Final areas. adaptively manage the site to maximize EA provides a detailed evaluation of the (c) The sizes of disposal sites will be its capacity, manage mounding and loss criteria and other related factors for the limited in order to localize for of fine sediments outside of the site, and modification of HOODS. identification and control any minimize the potential for any long- immediate adverse impacts, and to term adverse effects to the marine General Criteria (40 CFR 228.5) permit the implementation of effective environment. (a) Sites must be selected to minimize monitoring and surveillance to prevent interference with other activities in the adverse long-range impacts. Size, c. Management and Monitoring of the marine environment, particularly configuration, and location are to be Site avoiding areas of existing fisheries or determined as part of the disposal site The modified HOODS is expected to shellfisheries, and regions of heavy evaluation. (40 CFR 228.5(d)). continue to receive suitable dredged commercial or recreational navigation. The location, size, and configuration material from the Federal navigation (40 CFR 228.5(a)). of the modified HOODS boundaries project at Humboldt Harbor, California, The original 1995 site designation provide long-term capacity, while also and suitable dredged material from identified the HOODS location as permitting effective site management, other local and regional dredging having the least potential for adverse site monitoring, and limiting applicants who obtain an MPRSA impacts to important fish and shellfish environmental impacts to the permit for the disposal of dredged resources (particularly including smelt, surrounding area to the greatest extent material at the site. Under the Ocean flatfish, and decapods which are all practicable. Dumping regulations (40 CFR 228.3(b)), most abundant in waters shallower than The Final EA supporting this action EPA is responsible for the management 50 m in the area, closer to shore). In considered two alternatives for of all ocean disposal sites designated addition, as part of development of the modifying HOODS: Expansion by 0.5 under the MPRSA. Management of the Final EA supporting this action, the nmi to the north and west; and ocean disposal sites consists of EPA completed informal consultation expansion by 1.0 nmi to the north and regulating the times, quantity and with the National Marine Fisheries west (the selected action). Under the characteristics of the material dumped Service (NMFS) and the U.S. Fish and selected action, the effective total at the site; establishing disposal Wildlife Service (USFWS), and capacity of the site increases from the controls, conditions and requirements to confirmed that ongoing use of the original 25 million cy to over 100 avoid and minimize potential impacts to modified HOODS would continue to million cy (i.e., allowing for 75 million the marine environment; and avoid adverse effects on existing cy of additional disposal to occur), monitoring the site and surrounding fisheries, shellfisheries, or habitats of before mounding to ¥130 feet could environment to verify that concern. In addition, expansion of again occur across the entire site. If

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today’s disposal practices were to Specific Criteria (40 CFR 228.6) some fines, and most will originate from continue unchanged (i.e., if an average (1) Geographical Position, Depth of Humboldt Harbor. Average yearly of 1 million cy of entrance channel sand Water, Bottom Topography and disposal of dredged material is expected per year were to continue being Distance from Coast. (40 CFR to continue to be approximately disposed of at HOODS indefinitely), the 228.6(a)(1)). 1,000,000 cubic yards, primarily by site would reach capacity again in about The modified HOODS is on the government owned or contracted 75 years. In contrast, the smaller continental shelf three to five nmi hopper dredges. None of the material is expansion alternative would provide offshore of Eureka, California, in water packaged in any manner. If a Nearshore effective capacity for about 30 years of depths of approximately 150 to 210 feet Sand Placement Site (NSPS) is disposal. This smaller footprint would (45 to 64 m). The seafloor in this area established nearby in the future, the also limit on-site management options is comprised of a gently sloping, volume of sand disposed at HOODS could substantially decrease. compared to the selected action. essentially featureless sedimentary plain (5) Feasibility of Surveillance and When determining the size of the that grades evenly from fine sand in Monitoring. (40 CFR 228.6(a)(5)). modified site, the ability to implement shallower depths to silts in deeper effective monitoring and surveillance The EPA expects monitoring and areas. The EA contains a map of the surveillance at the modified HOODS to programs was considered to ensure that modified HOODS boundaries. the environment of the site could be continue to be feasible and readily (2) Location in Relation to Breeding, performed from ocean or regional class protected, and that navigational safety Spawning, Nursery, Feeding, or Passage would not be compromised by the research vessels. The area of the Areas of Living Resources in Adult or modified HOODS has been successfully mounding of dredged material. The EPA Juvenile Phases. (40 CFR 228.6(a)(2)). and USACE have demonstrated that the surveyed and sampled in 2008 and The HOODS area provides feeding 2014. The EPA and USACE will modified HOODS area is feasible to and breeding areas for common resident manage and monitor, as shown by continue to periodically monitor the site benthic organisms, fish, marine for physical, biological and chemical successful surveys in 2008 and 2014. mammal, turtle, and seabird species. attributes, as described in the draft The updated SMMP (Appendix D of the However, the modified HOODS SMMP for the proposed modified site. Final EA) describes the future boundaries have been selected to avoid (6) Dispersal, Horizontal Transport monitoring and management activities the presence of any unique or limited and Vertical Mixing Characteristics of that the EPA and USACE will breeding, spawning, nursery, feeding, or the Area, including Prevailing Current implement to confirm that disposal at passage areas for adult or juvenile Direction and Velocity, if any. (40 CFR the site is not significantly affecting phases of living resources and 228.6(a)(6)). adjacent areas. modification of the site is not expected Ocean current monitoring in the (d) EPA will, wherever feasible, to affect any geographically limited (i.e., vicinity of HOODS has confirmed both designate ocean dumping sites beyond unique) resources or habitats. Informal up- and down-coast current directions the edge of the continental shelf and Endangered Species Act (ESA) (depending on the season), with near- other such sites where historical consultation with USFWS, and both surface current velocities on the order of disposal has occurred. (40 CFR ESA and Essential Fish Habitat (EFH) 25 cm/sec (0.5 knot), and deeper-water 228.5(e)). consultations with NMFS, confirmed current velocities of 20 cm/sec (0.4 The continental shelf break is that ongoing disposal operations in the knot) at 45 meters deep and 15 cm/sec approximately 10 nmi offshore at modified HOODS will not have (0.3 knot) at the bottom. These current Eureka, California. The Zone of Siting significant impacts to sensitive living conditions have not adversely affected Feasibility (ZSF) analysis prepared by resources or their habitats. the ability to successfully and precisely USACE in support of the original (1995) (3) Location in Relation to Beaches dispose of dredged material permitted HOODS designation determined that an and Other Amenity Areas. (40 CFR or authorized for disposal at HOODS in economically practicable ocean disposal 228.6(a)(3)). the past nor are they expected to affect site serving Humboldt Harbor could not The modified HOODS boundaries disposal in the future. be located off the continental shelf, but begin at approximately three nmi (7) Existence and Effects of Current rather would have to be within offshore and the square site extends two and Previous Discharges and Dumping approximately 4 nmi from the ends of nmi further offshore. The site is in the Area (including Cumulative the entrance channel jetties. The therefore well removed from beaches or Effects). (40 CFR 228.6(a)(7)). original HOODS boundary is 2.5 to 3.7 amenity areas, and currents in the area Previous disposal of dredged material nmi from these jetties. The modified are not expected to transport material at the existing HOODS has resulted in HOODS boundary will extend from 3 disposed at HOODS toward shore. No mounding of sand and burial of benthic nmi to 5 nmi from the jetties, largely significant impacts to beaches or organisms within the site but no encompassing and superseding the amenity areas associated with use of the discernable physical, chemical, or original boundary. While portions of the existing HOODS have been detected. biological effects outside the site. Water modified site are slightly beyond the (4) Types and Quantities of Wastes quality effects from active disposal are original ZSF threshold of 4 nmi, the Proposed to be Disposed of, and temporary, spatially limited, and return expansion area remains as close to the Proposed Methods of Release, including to background levels prior to the next entrance channel as practicable while Methods of Packing the Waste, if any. disposal event. Short-term, long-term, allowing capacity for future disposal (40 CFR 228.6(a)(4)). and cumulative effects of dredged needs without creating potentially Only suitable dredged material that material disposal in the modified site unsafe mounding. Also, the modified meets the Ocean Dumping Criteria in 40 would be negligible, and similar to HOODS will occur immediately CFR 220–228 and receives a permit or those for the existing HOODS. adjacent to where disposal of virtually is otherwise authorized for dumping by The only discharge in the vicinity of identical dredged material has occurred the USACE, and concurred with by HOODS is from DG Fairhaven Power for the past 25 years. This allows the EPA, will be disposed in the modified LLC’s Fairhaven Power Facility on the least area to be disturbed overall from HOODS. Dredged materials dumped in Samoa Peninsula. Fairhaven Power is ongoing and future disposal activity. this area will be primarily sand with permitted to discharge a maximum of

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0.35 million gallons per day of background, before subsequent disposal structures, or other material extended powerplant-related process water, events occur. The seafloor in this area above the sediment surface at any of cooling tower water, and other is comprised of a gently sloping, these locations. Because these wastewater under terms of their current essentially featureless sedimentary plain anomalies do not extend above the National Pollutant Discharge that grades evenly from fine sand in surface now, and apparently have not Elimination System (NPDES) permit No. shallower depths to silts in deeper since at least 1991, their exact character CA0024571, issued by the State of areas. The existing HOODS supports remains unknown. Ongoing disposal California’s North Coast Water Board. benthic and epibenthic fauna operations may effectively bury these The company discharges through an characteristic of the region, but there are features further but will not otherwise existing outfall into ocean waters no unique or limited habitats in the directly affect them. adjacent to the Samoa Peninsula. The vicinity. No adverse impacts to benthos NPDES permit prohibits discharging outside the disposal site have been III. Environmental Statutory Review wastewater in violation of effluent identified based on comprehensive a. National Environmental Policy Act standards or prohibitions established monitoring. (NEPA) under Section 307(a) of the Clean Water (10) Potentiality for the Development The EPA’s primary voluntary NEPA Act, and it also prohibits discharging or Recruitment of Nuisance Species in document for modifying the original sewage sludge. The outfall is located the Disposal Site. (40 CFR 228.6(a)(10)). HOODS is the Final EA, prepared by the approximately 3.5 nautical miles (6.5 Nuisance species, considered as any EPA in cooperation with the USACE. kilometers) east of the HOODS. undesirable organism not previously The draft EA was issued for public Prevailing nearshore currents would existing at a location, have not been direct discharge plumes from this observed at, or in the vicinity of, the review simultaneously with the outfall up or down the coast, depending modified HOODS. Disposal of dredged proposed rule on May 29, 2020. The of the seasonal current regime, not material, as well as monitoring, has Final EA, including all public offshore towards the HOODS. The EPA been ongoing for the past 25 years. The comments received and EPAs responses believes that there will be no adverse dredged material to be disposed at the to comments, is being published cumulative or synergistic impacts from modified site is expected to be from simultaneously with this final rule and the use of HOODS and discharges from similar locations to those dredged is also available separately at https:// the outfall described. previously and disposed of at the www.epa.gov/ocean-dumping/ (8) Interference with Shipping, existing site; therefore, it expected that humboldt-open-ocean-disposal-site- Fishing, Recreation, Mineral Extraction, any benthic organisms transported to hoods-documents. The Final EA and its Desalination, Fish and Shellfish the site would be relatively similar in Appendices provide the threshold Culture, Areas of Special Scientific nature to those already present. environmental review for modification Importance and Other Legitimate Uses (11) Existence at or in Close Proximity of HOODS. It discusses in detail the of the Ocean. (40 CFR 228.6(a)(8)). to the Site of any Significant Natural or purpose and need for the proposed Minor, short-term interferences with Cultural Feature of Historical action and examines alternatives. The commercial and recreational boat traffic Importance. (40 CFR 228.6(a)(11)). EPA determined that there would be no may occur within Humboldt Harbor EPA extended government-to- significant adverse impacts of during dredging operations. However, government consultation offers to 10 implementing either of the action interference as a result of the transport potentially affected tribes. The Tribal alternatives evaluated for modifying and disposal of dredged material to Historic Preservation Offices of three of HOODS. HOODS would be even less because those (the Wiyot Tribe, the Blue Lake The following three ocean disposal disposal vessels move slowly, remain in Rancheria, and the Bear River Band of alternatives were considered in detail in established navigation channels, and the Rohnerville Rancheria) requested the Final EA. further discussion. Based on those operations are announced via U.S. Coast No Action Alternative Guard Notice to Mariners. There may be discussions, the tribes determined that minor, temporary interferences with the offshore location of the HOODS The No Action Alternative is defined recreational fishing in the area during expansion would not affect their as not modifying the size of the original disposal operations, but HOODS is not onshore cultural resources of concern. HOODS boundaries. This alternative closed to fishing or other uses. HOODS EPA also evaluated state records and would not address the need for an has not been identified as an area of coordinated with the California State adequately sized ocean disposal site to special scientific importance. There are Lands Commission concerning historic accommodate an annual average of no aquaculture areas near the site. The shipwrecks near HOODS. The EA 1,000,000 cy of ongoing and future likelihood of direct interference with documents that the nearest recorded dredging. Because there is no other these activities is therefore negligible. shipwreck sites are close to shore and currently available disposal site for this (9) The Existing Water Quality and would not be affected by ongoing material, rapid shoaling of the entrance Ecology of the Sites as Determined by disposal at HOODS. In addition, USACE channel would quickly render Available Data or Trend Assessment of conducted a survey for potential navigation unsafe, significantly affecting Baseline Surveys. (40 CFR 228.6(a)(9)). shipwrecks near the existing HOODS in the economy of the greater Eureka area. Water quality at the existing HOODS 1991 (prior to designation of the existing Increased wave action in the Harbor is typical of waters offshore of the HOODS). The USACE survey identified entrance would endanger commercial northern California coast. Monitoring three magnetic anomalies that could ships as well as fishing and recreational conducted in the vicinity of the potentially be associated with vessels. This situation would discourage proposed modified HOODS and unrecorded shipwrecks. None of these shippers from using Humboldt Bay for experience with past disposals in the anomalies has been buried by the commerce, because it requires existing HOODS have not identified any existing HOODS disposal mound. The additional vessel trips to accommodate adverse water quality impacts from EPA collected high-resolution ‘‘light-loaded’’ vessels, resulting in ocean disposal of dredged material. multibeam echo sounder data in 2014 at increased transportation costs, Water column plumes associated with the locations of each magnetic anomaly, decreased vessel safety, and disposal events rapidly return to and confirmed that no debris, maneuvering problems. This would

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have a long-term adverse impact on the b. Magnuson-Stevens Act these findings and no additional local economy. In addition, use of the The EPA submitted an EFH mitigation measures were recommended Humboldt Harbor as a port of refuge assessment to the NMFS, pursuant to beyond the avoidance and minimization could be affected. Finally, ship Section 305(b), 16 U.S.C. 1855(b)(2), of aspects of the EPA mandatory disposal groundings caused by improperly the Magnuson-Stevens Fishery site use conditions which would apply maintained deep-draft channels could Conservation and Management Act, as to every project using HOODS (these result in adverse ecological amended, 16 U.S.C. 1801 to 1891. The conditions are included with the repercussions (i.e., oil and fuel spills). EPA determined that this action will not SMMP, and relevant provisions of the Although the No Action Alternative significantly affect managed species or SMMP would be identified or would not address the purpose and EFH. NMFS concurred with the EPA’s incorporated into subsequently issued need for action, it was evaluated as a determination, but included one permits and Federal projects). basis to compare the effects of the other Conservation Recommendation to alternatives considered. e. National Historic Preservation Act further minimize potential impacts. The National Historic Preservation Alternative 1: Expansion of HOODS by Specifically, NMFS recommended Act (NHPA), 16 U.S.C. 470 through 1 nmi (Preferred Alternative) continuing to manage future disposal at 470a–2, requires federal agencies to Alternative 1, the Selected Action, is HOODS by expanding the mound while consider the effect of their actions on to slightly reorient and expand the leaving other areas of the site districts, sites, buildings, structures, or existing HOODS boundary by one nmi undisturbed as long as possible, rather objects, included in, or eligible for to the north (upcoast) and one nmi to than purposely spreading disposal inclusion in the National Register of the west (offshore). Alternative 1 is the events throughout the site each year. Historic Places (NRHP). The depths of Selected Action because it would The updated SMMP discusses how EPA the expanded HOODS (approximately provide environmentally acceptable will implement this NMFS Conservation 150–210 feet) generally excludes disposal capacity for many years, while Recommendation. potential habitation or resources related also affording the most operational c. Coastal Zone Management Act to human settlements in this area. flexibility for managing the dredged Historic shipwreck remnants do exist in The EPA submitted a Consistency material in a manner that would further the general vicinity, but none would be Determination (CD) package to the minimize even physical impacts over affected by ongoing disposal activities California Coastal Commission (CCC) on time. This configuration would result in within the expanded HOODS July 20, 2020, following the close of the the total area of the site increasing from boundaries. one square nmi to four square nmi, and public comment period on the draft EA would supersede the original HOODS and the proposed rule. The CD package IV. Statutory and Executive Order boundary. The effective total capacity of specifically addresses how the proposed Reviews the site would increase from the original action to expand HOODS is consistent This rule modifies the HOODS by 25 million cy to over 100 million cy to the maximum extent practicable with replacing the boundaries of the existing (i.e., allowing for 75 million cy of the California Coastal Act Chapter 3 site with expanded boundaries, additional disposal to occur), before policies. On October 9, 2020, the CCC pursuant to Section 102 of the MPRSA, mounding to ¥130 feet could again unanimously concurred with EPA’s CD 33 U.S.C 1412. This action complies occur across the entire site. If current and did not propose any additional with applicable executive orders and disposal practices were to continue measures beyond those already statutory provisions as follows: unchanged (i.e., if 1 million cy of contained in the updated SMMP. a. Executive Order 12866: Regulatory entrance channel sand per year were to d. Endangered Species Act continue to be disposed of at HOODS Planning and Review and Executive indefinitely), the modified site would The ESA, as amended, 16 U.S.C. 1531 Order 13563: Improving Regulation and reach capacity in about 75 years. tthrough 1544, requires federal agencies Regulatory Review to consult with NMFS and the USFWS Alternative 2: Expansion of HOODS by This action is not a ‘‘significant to ensure that any action authorized, regulatory action’’ under the terms of 1⁄2 nmi funded, or carried out by the federal Executive Order 12866 (58 FR 51735, Alternative 2 is the expansion of the agency is not likely to jeopardize the October 4, 1993) and is therefore not 1 existing HOODS boundary by ⁄2 nmi to continued existence of any endangered subject to review under Executive 1 the north (upcoast) and ⁄2 nmi to the species or threatened species or result in Orders 12866 and 13563 (76 FR 3821, west (offshore). This configuration the destruction or adverse modification January 21, 2011). would result in the total area of the site of any critical habitat. The EPA increasing from 1 square nmi to 2.25 completed informal ESA consultations b. Executive Order 13089: Coral Reef square nmi and would supersede the with USFWS and NMFS, and the Protection original HOODS boundary. The effective consultations are included as an Executive Order 13089 on Coral Reef total capacity of the site would increase Appendix to the EA. Protection directs agencies ‘‘to preserve from the original 25 million cy to Based on those consultations, the EPA and protect the biodiversity, health, approximately 56 million cy (i.e., determined that this action will have heritage, and social and economic value allowing for approximately 31 million ‘‘no effect’’ on marine mammals, sea of U.S. coral reef ecosystems and the cy of additional disposal to occur), turtles and certain seabird species. The marine environment.’’ This E.O. does before mounding to ¥130 feet could EPA further determined that this action not apply to this action because there again occur across the entire site. If ‘‘may affect but is not likely to adversely are no coral reef ecosystems in the current disposal practices were to affect’’ anadromous fish (including the HOODS area. continue unchanged (i.e., if 1 million cy SONCC Coho ESU, the CC Chinook per year of entrance channel sand were Salmon ESU, the NC Steelhead DPS, c. Paperwork Reduction Act to continue to be disposed of at HOODS Eulachon, and sDPS Green Sturgeon), This action does not impose an indefinitely), the modified site would marbled Murrelet, and short-tailed information collection burden under the reach capacity in about 31 years. albatross. The Services concurred with provisions of the Paperwork Reduction

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Act, 44 U.S.C. 3501 et seq. Burden is f. Executive Order 13132: Federalism because it does not establish an defined at 5 CFR 1320.3(b). This site This action does not have federalism environmental standard intended to modification does not require persons to implications. It does not have mitigate health or safety risks. obtain, maintain, retain, report, or substantial direct effects on the States, i. Executive Order 13211: Actions publicly disclose information to or for a on the relationship between the national Concerning Regulations That federal agency. government and the States, or on the Significantly Affect Energy Supply, d. Regulatory Flexibility Act distribution of power and Distribution, or Use responsibilities among various levels of This action is not subject to Executive The Regulatory Flexibility Act government, as specified in Executive Order 13211, ‘‘Actions Concerning generally requires federal agencies to Order 13132. Thus, Executive Order Regulations that Significantly Affect prepare a regulatory flexibility analysis 13132 does not apply to this action. In Energy Supply, Distribution, or Use’’ (66 of any rule subject to notice and the spirit of Executive Order 13132, and FR 28355) because it is not a comment rulemaking requirements consistent with the EPA policy to ‘‘significant regulatory action’’ as under the Administrative Procedure Act promote communications between the defined under Executive Order 12866. or any other statute unless the agency EPA and State and local governments, certifies that the rule will not have a the EPA specifically solicited comments j. National Technology Transfer and significant economic impact on a on this action from State and local Advancement Act substantial number of small entities. officials. Section 12(d) of the National Small entities include small businesses, g. Executive Order 13175: Consultation Technology Transfer and Advancement small organizations, and small and Coordination With Indian Tribal Act of 1995 (NTTAA), Public Law 104– 113, 12(d) (15 U.S.C. 272), directs the governmental jurisdictions. For Governments purposes of assessing the impacts of this EPA to use voluntary consensus rule on small entities, small entity is This action does not have tribal standards in its regulatory activities defined as: (1) A small business defined implications, as specified in Executive unless to do so would be inconsistent by the Small Business Administration’s Order 13175 because the modification of with applicable law or otherwise size regulations at 13 CFR 121.201; (2) the existing HOODS will not have a impractical. Voluntary consensus a small governmental jurisdiction that is direct effect on Indian Tribes, on the standards are technical standards (e.g., a government of a city, county, town, relationship between the federal materials specifications, test methods, school district, or special district with a government and Indian Tribes, or on the sampling procedures, and business population of less than 50,000; and (3) distribution of power and practices) that are developed or adopted a small organization that is any not-for- responsibilities between the federal by voluntary consensus bodies. The profit enterprise which is independently government and Indian Tribes. In NTTAA directs the EPA to provide owned and operated and is not addition, the depths of the modified Congress, through Office of Management dominant in its field. The EPA HOODS (approximately 150 to 200 feet) and Budget, explanations when the determined that this action will not generally exclude potential habitation or Agency decides not to use available and have a significant economic impact on resources related to human settlements. applicable voluntary consensus small entities because the rule will only Thus, Executive Order 13175 does not standards. This action includes have the effect of modifying an existing apply to this action. Nevertheless, the environmental monitoring and site in order to allow ongoing disposal EPA specifically solicited input from measurement as described in the of dredged material in ocean waters. officials of 10 potentially interested updated SMMP. The EPA will not After considering the economic impacts tribal governments during both the require the use of specific, prescribed of this rule, the EPA certifies that this scoping and public review phases of analytic methods for monitoring and action will not have a significant this action. EPA also extended managing the modified HOODS. The economic impact on a substantial government-to-government consultation Agency plans to allow the use of any number of small entities. offers to these 10 potentially affected method, whether it constitutes a tribes. The Tribal Historic Preservation voluntary consensus standard or not, e. Unfunded Mandates Reform Act Offices of three of them (the Wiyot that meets the monitoring and Tribe, the Blue Lake Rancheria, and the measurement criteria discussed in the This action contains no federal Bear River Band of the Rohnerville SMMP. mandates under the provisions of Title Rancheria) requested further discussion II of the Unfunded Mandates Reform concerning any potential for effects on k. Executive Order 12898: Federal Act (UMRA) of 1995, 2 U.S.C. 1531 cultural resources of concern. Based on Actions To Address Environmental through 1538, for State, local, or tribal those discussions, the tribes determined Justice in Minority Populations and governments or the private sector. This that the offshore location of the HOODS Low-Income Populations action imposes no new enforceable duty expansion would not affect onshore Executive Order 12898 (59 FR 7629) on any State, local or tribal governments cultural resources. establishes federal executive policy on or the private sector. Therefore, this environmental justice. Its main action is not subject to the requirements h. Executive Order 13045: Protection of provision directs federal agencies, to the of sections 202 or 205 of the UMRA. Children From Environmental Health greatest extent practicable and This action is also not subject to the and Safety Risks permitted by law, to make requirements of section 203 of the The EPA interprets Executive Order environmental justice part of their UMRA because it contains no regulatory 13045 as applying only to those mission by identifying and addressing, requirements that might significantly or regulatory actions that concern health or as appropriate, disproportionately high uniquely affect small government safety risks, such that the analysis and adverse human health or entities. Those entities are already required under section 5–501 of the environmental effects of their programs, subject to existing permitting Executive Order has the potential to policies, and activities on minority requirements for the disposal of dredged influence the regulation. This action is populations and low-income material in ocean waters. not subject to Executive Order 13045 populations in the United States. The

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EPA determined that this action will not boundary. EPA responded that the new (iv) Use Restricted to Disposal of: have disproportionately high and boundary would completely supersede Disposal shall be limited to dredged adverse human health or environmental the original boundary on future NOAA material determined to be suitable for effects on minority or low-income navigation chart updates. ocean disposal according to 40 CFR populations because it does not affect Another agency commented that it 220–228. the level of protection provided to looked forward to receiving EPA’s (v) Period of Use: Continuing use for human health or the environment. The consistency determination for the 50 years from the effective date of this EPA has assessed the overall proposed boundary modification and to updated site designation, subject to protectiveness of modifying the existing working with EPA staff on this restrictions and provisions set forth in HOODS against the criteria established submittal. EPA thanked the agency and paragraph (l)(10)(vi) of this section. pursuant to the MPRSA to ensure that noted that EPA would not publish the (vi) Restrictions/Provisions: Disposal any adverse impact to the environment final rule for modifying HOODS until at HOODS shall be in accordance with will be mitigated to the greatest extent the agency’s comments (if any) had been the permit or Federal project approval practicable. fully considered. that incorporates all conditions set forth The final agency commenter pointed in the most recent Site Management and V. Response to Comments on the out a minor typographical error in draft Proposed Rule, EA and SMMP Monitoring Plan (SMMP) for the EA Section 4.4.1. This typographical HOODS published by EPA in EPA published the draft EA and the error was corrected. consultation with USACE, and as may proposed rule for a 30-day public List of Subjects in 40 CFR Part 228 be modified in EPA concurrences for comment period on May 29, 2020, and individual projects disposing at Environmental protection, Water accepted comments until June 29, 2020. HOODS. The SMMP may be pollution control. Both the draft EA and proposed rule periodically revised as necessary; were available at www.regulations.gov Authority: This action is issued under the proposed substantive revisions to the (Docket ID No. EPA–R09–OW–2020– authority of Section 102 of the Marine SMMP shall be made following 0188) and at https://www.epa.gov/ Protection, Research, and Sanctuaries Act, as amended, 33 U.S.C. 1401, 1411, 1412. opportunity for public review and ocean-dumping/humboldt-open-ocean- comment. disposal-site-hoods-documents. Dated: February 3, 2021. * * * * * EPA received feedback from a total of Deborah Jordan, four commenters on the draft EA and [FR Doc. 2021–02731 Filed 2–16–21; 8:45 am] Acting Regional Administrator, EPA Region BILLING CODE 6560–50–P proposed rule. Most of the comments 9. did not specify whether they applied to the EA, the proposed rule, or the SMMP; For the reasons set out in the ENVIRONMENTAL PROTECTION EPA therefore accepted them as preamble, the EPA amends chapter I, applicable to all three documents. The title 40 of the Code of Federal AGENCY Regulations as follows: full comments, and EPA’s responses, are 40 CFR Part 281 included in Appendix E to the Final EA PART 228—CRITERIA FOR THE and are summarized below. Based on MANAGEMENT OF DISPOSAL SITES [EPA–R05–UST–2020–0685; FRL–10020– the comments received, only minor, FOR OCEAN DUMPING 05–Region 5] clarifying wording changes have been made to the Final EA, final rule, and ■ 1. The authority citation for Part 228 Indiana: Final Approval of State updated SMMP. continues to read as follows: Underground Storage Tank Program One citizen commenter supported Revisions Authority: 33 U.S.C. 1412 and 1418. expanding HOODS, asked how long AGENCY: before expansion might be needed ■ 2. Section 228.15 is amended by Environmental Protection again, hoped that expansion would revising paragraph (l)(10) to read as Agency (EPA). cause no environmental harm, and follows: ACTION: Direct final rule. recommended that dumping violations § 228.15 Dumping sites designated on a SUMMARY: Pursuant to the Resource should be punished. EPA responded final basis. Conservation and Recovery Act (RCRA that the site should not need further * * * * * or Act), the Environmental Protection expansion for approximately 75 years at (l) * * * Agency (EPA) is taking direct final present disposal rates; that EPA had (10) Humboldt Open Ocean Disposal action to approve revisions to the State substantial enforcement authority Site (HOODS) Ocean Dredged Material of Indiana’s Underground Storage Tank should violations occur; and that Disposal Site—Region IX. (UST) program submitted by the State. environmental impacts are not expected (i) Location: The coordinates of the EPA has determined that these revisions based on the prior 25 years of site use four corners of the square site are: satisfy all requirements needed for and the results of recent comprehensive ° ′ 40 50.300 North latitude (N) by program approval. The State’s federally- monitoring studies. ° ′ 124 018.017 West longitude (W); authorized program, as revised pursuant One agency commenter pointed out 40°49.267′ N by 124°15.767′ W; some potential for confusion regarding ° ′ ° ′ to this action, will remain subject to 40 47.550 N by 124 17.083 W; and EPA’s inspection and enforcement whether the modified HOODS boundary 40°48.567′ N by 124°19.300′ W (North would completely supersede the authorities under sections 9005 and American Datum from 1983). The 9006 of RCRA subtitle I and other original HOODS boundary on future expanded disposal site boundary NOAA navigation charts, or whether applicable statutory and regulatory defined by these coordinates replaces provisions. both old and new boundaries would be and supersedes the previous boundary. shown. The commenter pointed out that (ii) Size: 4 square nautical miles (13.4 DATES: This rule is effective April 19, if both were shown, confusion could square kilometers). 2021, unless EPA receives adverse result because small corners of the old (iii) Depth: Water depths within the comment by March 19, 2021. If EPA boundary would protrude from the area range between approximately 150 receives adverse comment, it will (otherwise perfectly square) new to 210 feet (45 to 64 meters). publish a timely withdrawal in the

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Federal Register informing the public [email protected]. Out of an and determined that the revisions to that the rule will not take effect. abundance of caution for members of Indiana’s UST program are equivalent ADDRESSES: Submit your comments, the public and our staff, EPA’s Region to, consistent with, and no less stringent identified by EPA–R05–UST–2020–0685 5 office will be closed to the public to than the corresponding federal by one of the following methods: reduce the risk of transmitting COVID– requirements in subpart C of 40 CFR 1. Federal eRulemaking Portal: 19. We encourage the public to submit part 281, and that the Indiana program https://www.regulations.gov. Follow the comments via https:// provides for adequate enforcement of online instructions for submitting www.regulations.gov or via email. compliance (40 CFR 281.11(b)). comments. Please call or email the contact listed Therefore, EPA grants Indiana final 2. Email: [email protected]. above if you need alternative means to approval to operate its UST program Instructions: Direct your comments to access the material provided in the with the changes described in the Docket ID No. EPA–R05–UST–2020– docket. program revision application and as 0685. EPA’s policy is that all comments SUPPLEMENTARY INFORMATION: outlined below in Section I.G of this received will be included in the public document. docket without change and may be I. Approval of Revisions to Indiana’s Underground Storage Tank Program C. What is the effect of this action on the available online at https:// regulated community? www.regulations.gov, including any A. Why are revisions to state programs personal information provided, unless necessary? This action does not impose additional requirements on the the comment includes information States which have received final claimed to be Confidential Business regulated community because the approval from EPA under RCRA section regulations being approved by this rule Information (CBI) or other information 9004(b) of RCRA, 42 U.S.C. 6991c(b), whose disclosure is restricted by statute. are already in effect in the State of must maintain an underground storage Indiana, and are not changed by this Do not submit information that you tank program that is equivalent to, consider to be CBI or otherwise action. This action merely approves the consistent with, and no less stringent existing state regulations as meeting the protected through https:// than the federal underground storage www.regulations.gov, or email. The federal requirements and renders them tank program. When EPA makes federally enforceable. federal https://www.regulations.gov revisions to the regulations that govern website is an ‘‘anonymous access’’ the UST program, states must revise D. Why is EPA using a direct final rule? system, which means EPA will not their programs to comply with the EPA is publishing this direct final know your identity or contact updated regulations and submit these rule without a prior proposed rule information unless you provide it in the revisions to EPA for approval. Most because we view this as a body of your comment. If you send an commonly, states must change their noncontroversial action and we email comment directly to EPA without programs because of changes to EPA’s anticipate no adverse comment. Indiana going through https:// regulations in 40 Code of Federal did not receive any comments during its www.regulations.gov, your email Regulations (CFR) part 280. States can comment period when the rules and address will be automatically captured also initiate changes on their own to regulations being considered today were and included as part of the comment their underground storage tank program proposed at the state level. that is placed in the public docket and and these changes must then be made available on the internet. If you approved by EPA. E. What happens if EPA receives submit an electronic comment, EPA comments that oppose this action? B. What decisions has EPA made in this recommends that you include your Along with this direct final rule, EPA rule? name and other contact information in is publishing a separate document in the the body of your comment and with any On October 11, 2018, in accordance ‘‘Proposed Rules’’ section of this disk or CD–ROM you submit. If EPA with 40 CFR 281.51(a), Indiana Federal Register that serves as the cannot read your comment due to submitted a complete program revision proposal to approve the State’s UST technical difficulties, and cannot application seeking EPA approval for its program revisions, and provides an contact you for clarification, EPA may UST program revisions (State opportunity for public comment. If EPA not be able to consider your comment. Application). Indiana’s revisions receives comments that oppose this Electronic files should avoid the use of correspond to EPA’s final rule approval, EPA will withdraw this direct special characters, any form of published on July 15, 2015 (80 FR final rule by publishing a document in encryption, and be free of any defects or 41566), which revised the 1988 UST the Federal Register before it becomes viruses. regulations and the 1988 state program effective. EPA will base any further EPA encourages electronic submittals, approval (SPA) regulations (2015 decision on approval of the State but if you are unable to submit Federal Revisions). As required by 40 Application after considering all electronically, please reach out to EPA CFR 281.20, the State Application comments received during the comment contact person listed in the notice for contains the following: A transmittal period. EPA will then address all public assistance with additional submission letter from the Governor requesting comments in a later final rule. You may methods. approval, a description of the program not have another opportunity to You can view and copy the and operating procedures, a comment. If you want to comment on documents that form the basis for this demonstration of the state’s procedures this approval, you must do so at this action and associated publicly available to ensure adequate enforcement, a time. materials through www.regulations.gov. Memorandum of Agreement outlining FOR FURTHER INFORMATION CONTACT: the roles and responsibilities of EPA F. For what has Indiana previously been Sherry Kamke, Environmental Engineer, and the implementing agency, a approved? Corrective Action Section #3, statement of certification from the On August 11, 2006, EPA finalized a Remediation Branch (LR–17J), EPA Attorney General, and copies of all rule approving the UST program that Region 5, 77 West Jackson Boulevard, relevant state statutes and regulations. Indiana proposed to administer in lieu Chicago, Illinois 60604, (312) 353–5794, We have reviewed the State Application of the federal UST program. The State’s

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program has not previously been compliance with Indiana’s UST Act may therefore, has ensured that the criteria codified. be assessed under IC 13–30–3–3. The found in 40 CFR 281.30 through 281.38 State also includes requirements for are met. G. What changes are we approving with delivery prohibitions in the event of Title 40 CFR 281.39 describes the this action and what standards do we non-compliance as described in 329 state operator training requirements that use for review? Indiana Administrative Code (IAC) must be met in order to be considered In order to be approved, each state Section 9–1–15.1. equivalent to, consistent with, and no program application must meet the Specific authorities to regulate the less stringent than federal requirements. general requirements in 40 CFR 281.11, installation, operation, maintenance, Indiana has elected to incorporate by and specific requirements in 40 CFR and closure of USTs, as well as UST reference the Federal Rules at 329 IAC Subpart B (Components of a Program releases are found under IC 13–23, in 9–1–1(b) and (c); therefore, Indiana’s Application); Subpart C (Criteria for No addition to the regulatory provisions in operator training requirements are Less Stringent); and Subpart D 329 IAC Article 9 Underground Storage, equivalent to, consistent with, and no (Adequate Enforcement of Compliance). as amended effective June 28, 2018; less stringent than federal requirements. This also is true for proposed revisions Reporting and recordkeeping As part of the State Application, the to approved state programs. requirements are found under 329 IAC Chief Counsel in the Advisory Division As more fully described below, the 9–3–1. The aforementioned statutory of the State of Indiana—Office of the State has made the changes to its and regulatory sections satisfy the Attorney General certified that the laws approved UST program to reflect the requirements of 40 CFR 281.40 and of Indiana provide adequate authority to 2015 Federal Revisions. EPA is 281.41. carry out the ‘‘no less stringent’’ approving the State’s changes because Through a Memorandum of technical requirements submitted by the they are equivalent to, consistent with, Agreement between the State of Indiana State in order to meet the criteria in 40 and no less stringent than the federal and EPA, signed by EPA Region 5 CFR 281.30 through 281.39. EPA is UST program and because EPA has Regional Administrator November 27, relying on this certification in addition confirmed that the Indiana UST 2018, the State maintains procedures for to the analysis submitted by the State in program will continue to provide for receiving and ensuring proper making our determination. adequate enforcement of compliance as consideration of information about For further information on EPA’s described in 40 CFR 281.11(b) and part violations submitted by the public. The analysis of the State’s application, see 281, Subpart D after this approval. State agrees to comply with public the supporting documentation for both The Indiana Department of participation provisions contained in 40 the statutory and regulatory programs Environmental Management (IDEM or CFR 281.42 including the provision that contained in the docket for this Department) is the lead implementing the State will not oppose intervention rulemaking. agency for the UST program in Indiana, under Rule 24 of the Indiana Rules of except in Indian country. Court, Rules of Trial Procedure, in the H. Where are the revised rules different IDEM continues to have broad same manner as the Federal rules at 40 from the federal rules? statutory authority to regulate the CFR 281.42. Broader in Scope Provisions installation, operation, maintenance, To qualify for final approval, and closure of USTs, as well as UST revisions to a state’s program must be Where an approved state program has releases under Indiana Code Title 4 ‘‘equivalent to, consistent with, and no a greater scope of coverage than State Offices and Administration, less stringent’’ than the 2015 Federal required by federal law, the additional Article 22 Administrative Rules and Revisions. In the 2015 Federal coverage is not part of the federally- Procedures, Chapter 2, Adoption of Revisions, EPA addressed UST systems approved program and are not federally Administrative Rules; and selected deferred in the 1988 UST regulations, enforceable (40 CFR 281.12(a)(3)(ii)). provisions from Title 13 Environment, and added, among other things, new The following regulatory requirements Article 23 Underground Storage Tanks. operation and maintenance are considered broader in coverage than The Indiana UST Program gets its requirements; secondary containment the federal program as these state-only enforcement authority from the powers requirements for new and replaced regulations are not required by federal of the Department found in IC Sections tanks and piping; operator training regulation and are implemented by the 4–21.5–4, 13–14–2–6. 13–14–2–7, 13– requirements; and a requirement to state in addition to the federally 23–1–4, 13–23–14–3, and 13–30–3. ensure UST system compatibility before approved program: Under IC 13–14–2–2, an employee or storing certain biofuel blends. In Indiana Code Title 13, Article 23 agent of the Department has the addition, EPA removed past deferrals Underground Storage Tanks: authority to enter and inspect any for emergency generator tanks, field Chapter 6 Underground Storage property premises or place where constructed tanks, and airport hydrant Petroleum Tank Trust Fund, Sections regulated substances are stored at any systems. EPA analyzes revisions to 13–23–6–1 through 13–23–6–5; Chapter reasonable time. In the case of a release, approved state programs pursuant to the 7 Underground Petroleum Storage Tank IC Sections 13–23–13–2, 13–23–13–4, criteria found in 40 CFR 281.30 through Excess Liability Fund, Sections 13–23– and 13–23–13–12 provide employees or 281.39. 7–1 through 13–23–7–7; Chapter 8 Use agents of the Department the authority The Department has revised its of Money in Excess Liability Fund, to take such action as necessary, regulations to help ensure that the Sections 13–23–8–4 through 13–23–8–6; including the authority to enter any state’s UST program revisions are Chapter 9 Payment from Excess Liability property, premises or place where an equivalent to, consistent with, and no Fund, Sections 13–23–9–1.3 through UST is located for inspection, in order less stringent than the 2015 Federal 13–23–9–6; and Chapter 13 Corrective to conduct sampling, and to have access Revisions. In particular, the Department Actions, Sections 13–23–13–6 and 13– to records. IC Section 13–23–13–1 has amended Indiana Administrative 23–13–7, because funds of this type are provides the Department with Code to incorporate the revised state specific and are broader in scope rulemaking authority for corrective requirements of 40 CFR part 280, than the federal program. action. Notice of violation may be including the requirements added by Chapter 12 Fees, Sections 13–23–12– issued, and penalties for non- the 2015 Federal Revisions. The State, 1 through 13–23–12–4 because fees are

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broader in scope and not imposed by report the incident in cases when a requires notification only of the the federal program. petroleum release to the environment implementing agency. The state equals or exceeds 25 gallons at 329 IAC provision is more stringent than federal More Stringent Provisions 9–4–4(a)(1)(A). This state provision is regulations because of this additional Where an approved state program more stringent than the federal notification requirement. includes requirements that are regulations, because under the federal Section 329 IAC 9–6–3 requires that considered more stringent than required regulations these actions are only when previously closed UST systems by federal law, the more stringent required if the release of petroleum must be assessed and closed as directed requirements become part of the exceeds 25 gallons. by the State Commissioner, the closures federally approved program (40 CFR Section 329 IAC 9–5–5.1 is more be performed by a person certified 281.12(a)(3)(i)). stringent because Indiana has additional under the rules of the fire prevention The following regulatory and more detailed requirements for site and building safety commission at 675 requirements are considered more characterization after release than IAC 12–12. The State’s requirement for stringent than the federal program, and federal regulations. Specifically, at 329 certification is more stringent than on approval, they become part of the IAC 9–5–5.1(b), Indiana requires an federal regulations. federally approved program and are investigation and submittal of a signed At Section 329 IAC 9–8–4(a) the state federally enforceable: report detailing specific information provision is more stringent than the Under 329 Indiana Administrative concerning site background, release federal regulations as it requires all UST Code (IAC): incident description, initial response system owners and operators to At Section 329 IAC 9–2–2(f) Indiana and abatement, free product recovery, maintain financial responsibility for requires UST system owners and investigation, sampling, results and corrective action and third-party claims operators to ensure that workers conclusions, and recommendations. in a per-occurrence amount of at least performing UST installations, testing, At Section 329 IAC 9–5–4.2 the state $1 million, without considering their upgrades, closures, removals, and provision is more stringent because monthly throughput or whether they are change in service are certified by the Indiana has a more detailed requirement located at petroleum marketing State Fire Marshall. The federal for the safe handling of flammable facilities. The federal regulations allow regulations do not require certification products. Specifically, at 329 IAC 9–5– owners or operators who do not meet making the state requirement more 4.2(3), Indiana requires that flammable the requirement of 280.93(a)(1) to stringent. products be handled in in accordance maintain financial responsibility of At Section 329 IAC 9–2–2(g) Indiana with the site health and safety plan $500,000. requires UST system owners and which is required under the State’s At Section 329 IAC 9–8–17(b) this operators to submit notice of temporary corrective action plan at Section 329 state provision continues to require that closure, upgrades, or release detection IAC 9–5–7(e). the local government fund be funded for installation within 30 days of 329 IAC 9–5–6 addresses further site ten times the full amount of coverage completing such actions. The federal investigations for soil and ground water required under 329 IAC 9–8–4 though regulations do not contain similar cleanup. The state provisions are more EPA reduced the required local requirements. stringent than the federal regulations government fund funding amount from Indiana has state-only provisions because Indiana has additional and ten times the full amount of coverage related to reporting at 329 IAC 9–3– more detailed requirements for further required under § 280.93 to five times the 1(b)(4), and (b)(6)–(b)(15). These site investigation in the event evidence coverage. The State’s higher coverage additional reporting requirements are exists that a contaminant exceeds the requirement makes the state provision more stringent than the federal cleanup objectives of IC 13–12–3–2. more stringent than the federal regulations because 40 CFR 280.34 does At Section 329 IAC 9–5–7 the state regulations. not require the submittal of the provisions are more stringent because At Section 329 IAC 9–8–25(a) and (b) documentation described in this state Indiana has additional and more the State requires owners or operators to program requirement. detailed requirements for the corrective replenish guarantees, letters of credit At Section 329 IAC 9–3–1(c)(5)– action plan than the federal regulations and surety bonds by the anniversary (c)(10) the state has additional including consideration of the date or within 120 days after the recordkeeping requirements that require proximity of potential contaminant reduction has occurred, whichever is retention of additional items not receptors and suitability of chosen sooner. The State’s inclusion of this required by the federal regulations. remediation method when approving other option and subjecting owners or These additional requirements make the corrective action plans and adherence to operators to whichever option is sooner state program more stringent than the a written health and safety plan. is more stringent than the federal federal regulations. At 329 IAC 9–6–5(d) the State program that does not contain these 329 IAC 9–2–3 requires UST system requires owners and operators provide requirements. owners or operators to certify certification of closure compliance compliance with the release detection pursuant to the notification form I. How does this action affect Indian requirements of 40 CFR 280, Subpart D requirements at 329 IAC 9–2–2 (see country (18 U.S.C. 1151) in Indiana? and Indiana Article 9 within the state’s specifically 329 IAC 9–2–2(f) and (g)). EPA’s approval of Indiana’s Program notification forms. The federal program The federal program does not include a does not extend to Indian country as requires certification, but does not similar requirement making the state defined in 18 U.S.C. 1151. Indian require the use of specific notification provision potentially more stringent country generally includes any land forms or that the person who performs than the federal regulations. held in trust by the United States for an the work be certified by the state fire At 329 IAC 9–6–2.1(a) the State Indian tribe; and any other areas that are marshal, making this state-only requires owners and operators to notify ‘‘Indian country’’ within the meaning of requirement more stringent. both the department and the office of 18 U.S.C. 1151. Any lands removed At Section 329 IAC 9–4–4(a)(1) the the state fire marshal before beginning from an Indian reservation status by State requires owners and operators to permanent closure or a change-in- federal court action are not considered contain, cleanup a spill or overfill, and service where the federal regulation reservation lands even if located within

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the exterior boundaries of an Indian D. Executive Order 13045: Protection of J. Executive Order 12898: Federal reservation. EPA will retain Children From Environmental Health Actions To Address Environmental responsibilities under RCRA for and Safety Risks Justice in Minority Populations and Low underground storage tanks in Indian Income Populations country. Therefore, this action has no This action also is not subject to Executive Order 13045 (62 FR 19885, Executive Order 12898 (59 FR 7629, effect in Indian country. See 40 CFR Feb. 16, 1994) establishes federal 281.12(a)(2). Apr. 23, 1997), because it is not economically significant and it does not executive policy on environmental II. Statutory and Executive Order (E.O.) make decisions based on environmental justice. Its main provision directs Reviews health or safety risks. federal agencies, to the greatest extent practicable and permitted by law, to This action only applies to Indiana’s E. Executive Order 13211: Actions That make environmental justice part of their UST Program requirements pursuant to Significantly Affect Energy Supply, mission by identifying and addressing, RCRA Section 9004 and imposes no Distribution, or Use as appropriate, disproportionately high requirements other than those imposed and adverse human health or by state law. It complies with applicable This rule is not subject to Executive environmental effects of their programs, EOs and statutory provisions as follows: Order 13211 (66 FR 28355, May 22, policies, and activities on minority 2001) because it is not a ‘‘significant A. Executive Order 12866 Regulatory populations and low-income regulatory action’’ as defined under Planning and Review, Executive Order populations in the United States. Executive Order 12866. 13563: Improving Regulation and Because this rule approves pre-existing Regulatory Review F. National Technology Transfer and state rules which are at least equivalent The Office of Management and Budget Advancement Act to, consistent with, and no less stringent than existing federal requirements, and (OMB) has exempted this action from Under RCRA section 9004(b), EPA the requirements of Executive Order imposes no additional requirements grants a state’s application for approval beyond those imposed by state law, and 12866 (58 FR 51735, Oct. 4, 1993) and as long as the state meets the criteria 13563 (76 FR 3821, Jan. 21, 2011). This there are no anticipated significant required by RCRA. It would thus be adverse human health or environmental action approves state requirements for inconsistent with applicable law for the purpose of RCRA section 9004 and effects, the rule is not subject to EPA, when it reviews a state approval Executive Order 12898. imposes no additional requirements application, to require the use of any beyond those imposed by state law. particular voluntary consensus standard K. Congressional Review Act Therefore, this action is not subject to in place of another standard that The Congressional Review Act, 5 review by OMB. otherwise satisfies the requirements of U.S.C. 801–808, generally provides that B. Unfunded Mandates Reform Act and RCRA. Thus, the requirements of before a rule may take effect, the agency Executive Order 13175: Consultation section 12(d) of the National promulgating the rule must submit a and Coordination With Indian Tribal Technology Transfer and Advancement rule report, which includes a copy of Governments Act of 1995 (15 U.S.C. 272 note) do not the rule, to each House of the Congress apply. Because this action approves pre- and to the Comptroller General of the existing requirements under state law G. Executive Order 12988: Civil Justice United States. EPA will submit a report and does not impose any additional Reform containing this document and other enforceable duty beyond that required required information to the U.S. Senate, by state law, it does not contain any As required by section 3 of Executive the U.S. House of Representatives, and unfunded mandate or significantly or Order 12988 (61 FR 4729, February 7, the Comptroller General of the United uniquely affect small governments, as 1996), in issuing this rule, EPA has States prior to publication in the described in the Unfunded Mandates taken the necessary steps to eliminate Federal Register. A major rule cannot Reform Act of 1995 (2 U.S.C. 1531– drafting errors and ambiguity, minimize take effect until 60 days after it is 1538). For the same reason, this action potential litigation, and provide a clear published in the Federal Register. This also does not significantly or uniquely legal standard for affected conduct. action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). However, this action affect the communities of tribal H. Executive Order 12630: will be effective April 19, 2021 because governments, as specified by Executive Governmental Actions and Interference it is a direct final rule. Order 13175 (65 FR 67249, November 9, With Constitutionally Protected Property 2000). Rights Authority: This rule is issued under the authority of Sections 2002(a), 7004(b), and C. Executive Order 13132: Federalism EPA has complied with Executive 9004, 9005 and 9006 of the Solid Waste This action will not have substantial Order 12630 (53 FR 8859, Mar. 15, 1988) Disposal Act, as amended, 42 U.S.C. 6912(a), direct effects on the states, on the by examining the takings implications 6974(b), and 6991c, 6991d, and 6991e. relationship between the national of the rule in accordance with the List of Subjects in 40 CFR Parts 281 and government and the states, or on the ‘‘Attorney General’s Supplemental 282 Guidelines for the Evaluation of Risk distribution of power and Environmental protection, and Avoidance of Unanticipated responsibilities among the various Administrative practice and procedure, Takings’’ issued under the executive levels of government, as specified in Hazardous substances, State program order. Executive Order 13132 (64 FR 43255, approval, and Underground storage Aug. 10, 1999), because it merely I. Paperwork Reduction Act tanks. approves state requirements as part of the state RCRA Underground Storage This rule does not impose an Dated: February 9, 2021. Tank Program without altering the information collection burden under the Cheryl Newton, relationship or the distribution of power provisions of the Paperwork Reduction Acting Regional Administrator, Region 5. and responsibilities established by Act of 1995 (44 U.S.C. 3501 et seq.). [FR Doc. 2021–03168 Filed 2–16–21; 8:45 am] RCRA. ‘‘Burden’’ is defined at 5 CFR 1320.3(b). BILLING CODE 6560–50–P

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Proposed Rules Federal Register Vol. 86, No. 30

Wednesday, February 17, 2021

This section of the FEDERAL REGISTER information the disclosure of which is Utah nonattainment for the 2006 24- contains notices to the public of the proposed restricted by statute. Multimedia hour PM2.5 NAAQS (74 FR 58688). This issuance of rules and regulations. The submissions (audio, video, etc.) must be cross-boundary nonattainment area is purpose of these notices is to give interested accompanied by a written comment. referred to as the Logan, UT-ID PM2.5 persons an opportunity to participate in the The written comment is considered the NAA. rule making prior to the adoption of the final The boundaries of the Logan, UT-ID rules. official comment and should include discussion of all points you wish to PM2.5 NAA roughly conform to the make. EPA will generally not consider geographic boundaries of the Cache ENVIRONMENTAL PROTECTION comments or comment contents located Valley. The Cache Valley is an isolated, AGENCY outside of the primary submission (i.e. bowl-shaped valley measuring on the web, cloud, or other file sharing approximately 60 kilometers north to 40 CFR Parts 52 and 81 system). For additional submission south and 20 kilometers east to west and methods, the full EPA public comment almost entirely surrounded by mountain [EPA–R10–OAR–2020–0190; FRL–10014– ranges. The Wellsville Mountains lie to 37–Region 10] policy, information about CBI or multimedia submissions, and general the west, and on the east lie the Bear Air Plan Approval; ID: Logan Utah- guidance on making effective River Mountains; both are northern branches of the Wasatch Range. This Idaho PM2.5 Redesignation to comments, please visit https:// Attainment and Maintenance Plan www.epa.gov/dockets/commenting-epa- topography can act as a barrier to air dockets. movement in the Cache Valley during AGENCY: Environmental Protection temperature inversions, which occur in Agency (EPA). FOR FURTHER INFORMATION CONTACT: the winter months and are often the Adam Clark, (206) 553–1495, ACTION: Proposed rule. cause of elevated concentrations of fine [email protected]. particulates. Additional information SUMMARY: The Environmental Protection SUPPLEMENTARY INFORMATION: pertaining to the unique issues Agency (EPA) is proposing to Throughout this document whenever associated with the Logan, UT-ID PM2.5 redesignate the Idaho portion of the ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is NAA and studies completed on Logan, Utah-Idaho fine particulate intended to refer to EPA. inversions can be found in the docket matter (PM ) nonattainment area 2.5 Table of Contents for Utah and Idaho in the November 13, (Logan UT-ID NAA) to attainment for 2009, final designations action for the the 2006 PM2.5 National Ambient Air I. Background 2006 24-Hour PM2.5 NAAQS (74 FR Quality Standard (NAAQS). EPA is also II. Requirements for Redesignation to 58688). proposing to approve a maintenance Attainment The nonattainment designation of the plan for the area demonstrating III. EPA’s Analysis of Idaho’s Submittal Logan UT-ID PM NAA required Idaho A. Attainment Determination 2.5 continued compliance with the 2006 B. Applicable Requirements Under Section to prepare and submit an attainment PM2.5 NAAQS through 2031, which the 110 and Part D of the CAA plan to meet statutory and regulatory Idaho Department of Environmental 1. CAA Section 110 General SIP requirements in the Idaho portion of the 1 Quality (IDEQ) submitted along with the Requirements Logan, UT-ID PM2.5 NAA. IDEQ redesignation request on September 13, 2. Part D of Title I Requirements submitted this attainment plan to EPA 2019, for inclusion into the Idaho State 3. Fully Approved SIP Under CAA Section on December 14, 2012, and Implementation Plan (SIP). 110(k) supplemented the attainment plan on Additionally, EPA is proposing to C. Improvement in Air Quality Due to December 24, 2014. The attainment plan approve the 2031 motor vehicle Permanent and Enforceable Measures addressed specific required elements, D. Fully Approved Maintenance Plan emissions budgets included in Idaho’s 1. Attainment Inventory including but not limited to the maintenance plan for PM2.5, nitrogen 2. Maintenance Demonstration following elements: Emissions oxides (NOX) and volatile organic 3. Monitoring Network inventory, Reasonably Available Control compounds (VOC). EPA is proposing 4. Verification of Continued Attainment Measures/Technology (RACM/RACT), this action pursuant to the Clean Air Act 5. Contingency Plan attainment demonstration, contingency (CAA or the Act). E. Requirements for Transportation measures, and Motor Vehicle Emissions Conformity and Motor Vehicle Emissions DATES: Comments must be received on Budgets (MVEBs). EPA approved the Budgets (MVEBs) or before March 19, 2021. baseline emissions inventory on July 18, IV. Proposed Action 2014 (79 FR 41904) and the control ADDRESSES: Submit your comments, V. Statutory and Executive Order Reviews identified by Docket ID No. EPA–R10– measures on March 25, 2014 (79 FR OAR–2020–0190, at https:// I. Background 16201). EPA approved the control www.regulations.gov. Follow the online On October 17, 2006 (71 FR 61144), measures in the attainment plan as instructions for submitting comments. EPA revised the level of the 24-hour meeting RACM/RACT and disapproved contingency measures on January 4, Once submitted, comments cannot be PM2.5 NAAQS, lowering the primary edited or removed from Regulations.gov. and secondary standards from the 1997 2017 (82 FR 729). EPA approved the EPA may publish any comment received standard of 65 micrograms per cubic attainment demonstration on August 8, to its public docket. Do not meter (mg/m3) to 35 mg/m3. On 1 See part D of title I of the Clean Air Act and electronically submit any information November 13, 2009, EPA designated a EPA’s Fine Particulate Matter National Ambient Air you consider to be Confidential portion of Franklin County, Idaho in Quality Standards: State Implementation Plan Business Information (CBI) or other addition to portions of Cache County, Requirements (72 FR 20586, April 25, 2007).

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2017 (82 FR 37025). We also approved permanent and enforceable reductions request and maintenance plan is based a separate, March 20, 2018, Idaho SIP in emissions resulting from upon EPA’s determination that the area revision as meeting applicable part D implementation of the applicable SIP continues to attain the 2006 24-hour nonattainment new source review (NSR) and applicable federal air pollutant PM2.5 NAAQS and that all other requirements on August 20, 2018 (83 FR control regulations and other permanent redesignation criteria have been met for 42033).2 Most recently, we approved the and enforceable reductions; (4) EPA has the area. The following is a description attainment plan as meeting the fully approved a maintenance plan for of how Idaho’s September 13, 2019, Reasonable Further Progress (RFP), the area as meeting the requirements of submittal satisfies the requirements of Quantitative Milestone (QM), and section 175A of the CAA; and (5) the section 107(d)(3)(E) of the CAA for the MVEB requirements on February 20, state containing such area has met all 2006 24-hour PM2.5 standard. 2020 (85 FR 9664). requirements applicable to the area A. Attainment Determination On September 8, 2017 (82 FR 42447), under section 110 and part D of the EPA granted two, one-year extensions, CAA. In this proposed action, EPA will To redesignate an area from under CAA section 188(d), to the review CAA section 107(d)(3)(E) nonattainment to attainment, the CAA December 31, 2015 Moderate attainment requirements (2) and (5) together as part requires EPA to determine that the area date for the 2006 24-hour PM2.5 Logan, of our evaluation of Idaho’s has attained the applicable NAAQS UT-ID NAA. On October 19, 2018, EPA redesignation request. (CAA section 107(d)(3)(E)(i)). Whether finalized a determination that the EPA has provided guidance on an area has attained the 2006 24-hour Logan, UT-ID PM2.5 NAA had attained redesignation in the ‘‘General PM2.5 NAAQS is based upon measured the 2006 primary and secondary 24- Preamble,’’ 3 and has provided further air quality levels at each eligible hour PM2.5 NAAQS (‘‘Determination of guidance on processing redesignation monitoring site with a complete three- Attainment’’) by the December 31, 2017, requests in the following documents: (1) year period to produce a design value attainment date (83 FR 52983). ‘‘Procedures for Processing Requests to equal to or below 35 mg/m3. See 40 CFR Additionally, EPA finalized a Redesignate Areas to Attainment,’’ part 50 and 40 CFR part 50, appendix determination that the obligation to Memorandum from John Calcagni, N. A state must demonstrate that an area submit any remaining attainment- Director, Air Quality Management has attained the 2006 24-hour PM2.5 related SIP revisions arising from Division, September 4, 1992 (hereafter NAAQS through submittal of ambient classification of the Logan, UT-ID NAA the ‘‘Calcagni Memo’’); (2) ‘‘State air quality data from an ambient air as Moderate under subpart 4 of part D Implementation Plan (SIP) Actions monitoring network representing (of title I of the Act) for the 2006 24- Submitted in Response to Clean Air Act maximum PM2.5 concentrations. The hour PM2.5 NAAQS are not applicable (CAA) Deadlines,’’ Memorandum from data must be quality assured, quality- for so long as the area continues to John Calcagni, Director, Air Quality controlled and certified in the EPA’s Air attain the 2006 24-hour PM2.5 NAAQS. Management Division, October 28, 1992; Quality System (AQS) and it must show See 40 CFR 51.1015(a) (known as a and (3) ‘‘Part D New Source Review that the three-year average of valid PM2.5 ‘‘Clean Data Determination’’ or ‘‘CDD’’). (Part D NSR) Requirements for Areas 98th percentile mass concentrations is Requesting Redesignation to equal to or below the 2006 24-hour II. Requirements for Redesignation to 3 Attainment,’’ Memorandum from Mary PM2.5 NAAQS (35 mg/m ), pursuant to Attainment D. Nichols, Assistant Administrator for 40 CFR 50.13. In making this showing, The CAA provides the requirements Air and Radiation, October 14, 1994. three consecutive years of complete air for redesignating a nonattainment area These documents are included in the quality data must be used. to attainment. Specifically, section Docket for this proposed action. As noted, on October 19, 2018, EPA 107(d)(3)(E) of the CAA, 42 U.S.C. finalized a Determination of Attainment III. EPA’s Analysis of Idaho’s Submittal 7407(d)(3)(E), allows for redesignation for the Logan, UT-ID PM2.5 NAA based provided that: (1) EPA determines that EPA is proposing to redesignate the upon quality-assured and certified the area has attained the applicable Franklin County, ID portion of the ambient air quality monitoring data for NAAQS; (2) EPA has fully approved the Logan UT-ID NAA to attainment for the the period of 2015–2017 (83 FR 52983). applicable implementation plan for the 2006 24-hour PM2.5 NAAQS and The monitoring data used as the basis area under section 110(k) of the CAA; proposing to approve into the Idaho SIP for the Determination of Attainment (3) EPA determines that the the associated maintenance plan. EPA’s under CAA section 188(b)(2) is provided improvement in air quality is due to proposed approval of the redesignation in Table 1 of this document.

TABLE 1—LOGAN UT-ID AREA DESIGN VALUES FROM 2018 CDD 4

98th percentile value (μg/m3) Monitor AQS site ID 2015–2017 2015 2016 2017 design value

Smithfield, UT ...... 490050007 a 28.9 34.0 36.0 a 33 Franklin, ID ...... 160410001 18.8 33.3 b 38.3 b 30 a This value combines monitor data from the Logan, UT and Smithfield, UT monitors. EPA concurred on exceptional events in the October 19, 2018 (83 FR 52983) action and the specified data was excluded. b This value includes 1-in-3 day monitoring frequency from January 1–August 9, 2017, and daily monitoring frequency from August 10–Decem- ber 31, 2017.

2 Idaho’s submission incorporated by reference 3 See ‘‘State Implementation Plans; General 4 See 83 FR 52983, October 19, 2018. EPA’s August 24, 2016 (81 FR 58010) rule changes Preamble for the Implementation of Title I of the to 40 CFR 51.165 promulgated under CAA subpart Clean Air Act Amendments of 1990,’’ 57 FR 13498, 4, part D. April 16, 1992.

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EPA has also reviewed the subsequent quality assured, quality-controlled and PM2.5 NAAQS. For the 2016–2018 three- PM2.5 ambient air monitoring data in the certified this ambient air monitoring year period, the Smithfield monitor Logan UT-ID area for the monitoring data in the EPA’s Air Quality System recorded a design value of 33 mg/m3.6 5 design value periods of 2016–2018 and (AQS). This air quality data The area’s 24-hour PM2.5 design values 2017–2019. Consistent with the demonstrates that the Logan UT-ID area for the 2017–2019 three-year period are requirements at 40 CFR part 50, Idaho continues to attain the 2006 24-hour provided in Table 2 of this document.

7 TABLE 2—LOGAN UT-ID CURRENT PM2.5 DESIGN VALUES

98th percentile value (μg/m3) Design value Monitor AQS site ID (3-year 2017 2018 2019 average)

Smithfield, UT ...... 490050007 36.0 27.9 35.1 33 Preston, ID ...... 160410002 a 17.3 27.2 30.1 b NA a The Preston monitor operated at a 1-in-3 day monitoring frequency throughout 2017 and did not begin operation until February 24, 2017, making the first quarter incomplete for this monitor with less than 50% of data reported. b Due to the incomplete first quarter in 2017, this design value does not meet validity requirements per 40 CFR part 50, Appendix N, section 4.2(c)(i).

As Table 2 indicates, the Logan UT- shown, the Smithfield monitor has 1. CAA Section 110 General SIP ID PM2.5 NAA has continued to attain attained the 2006 24-hour PM2.5 NAAQS Requirements the 2006 24-hour PM2.5 NAAQS since for the 2015–2017, 2016–2018 and Section 110(a)(2) of Title I of the CAA EPA issued its October 19, 2018, 2017–2019 design value periods. The delineates the general requirements for Determination of Attainment for the MOU is included in the docket for this a SIP, which include enforceable area based on the 2015–2017 design proposed action. The TSD also emissions limitations and other control values shown in Table 1 of this demonstrates that it is very unlikely that measures, means or techniques, document. We note that the Preston, ID the Preston monitor’s first complete provisions for the establishment and monitor did not produce a valid design valid design value for the 2018–2020 operation of appropriate devices value for the 2017–2019 period because period could exceed the 2006 PM2.5 necessary to collect data on ambient air the monitor did not begin operation NAAQS based on a review of all quality, and programs to enforce the until February 24, 2017, thus producing available data recorded at this monitor. limitations. The general SIP elements an incomplete first quarter for that EPA’s review of the monitoring data and requirements set forth in CAA monitoring year. Despite this, EPA finds section 110(a)(2) include, but are not that it is appropriate to conclude that for 2016–2018 and 2017–2019 supports the previous determination that the area limited to the following: the area has continued to attain the • Submittal of a SIP that has been has attained the 2006 24-hour PM NAAQS since the initial 2015–2017 2.5 adopted by the state after reasonable NAAQS and demonstrates that the area period upon which we based our public notice and hearing; October 19, 2018, Determination of continues to attain the standard. As • Provisions for establishment and Attainment, based on uninterrupted discussed further in Section III.D of this operation of appropriate procedures attainment at the Smithfield, UT document, Idaho has committed to needed to monitor ambient air quality; monitor. A review of concurrent continue monitoring ambient PM2.5 • Implementation of a source permit monitoring data for the Smithfield and concentrations in accordance with 40 program; provisions for the Preston monitors provided in Table 2 of CFR part 58. Thus, EPA is proposing to implementation of Part C requirements this document, and discussed in more determine that the Logan UT-ID PM2.5 (PSD); detail in our Technical Support NAA attained the 2006 24-hour PM2.5 • Provisions for the implementation Document (TSD) 8 included in the NAAQS. of Part D requirements for NSR permit docket for this proposed action, shows programs; B. Applicable Requirements Under that the Smithfield site typically records • Provisions for air pollution Section 110 and Part D of the CAA higher levels of PM2.5 than the Preston modeling; and site, indicating that Smithfield’s Section 107(d)(3)(E)(ii) and (v) of the • Provisions for public and local location is more suitable to demonstrate CAA states that for an area to be agency participation in planning and maximum PM2.5 concentrations in the redesignated to attainment, it must be emission control rule development. Cache Valley. On September 1, 2020, determined that the Administrator has CAA section 110(a)(2)(D) requires that Utah and Idaho completed a fully approved the applicable SIPs contain certain measures to prevent memorandum of understanding (MOU) implementation plan for the area under sources in a state from significantly to collectively meet the monitoring contributing to air quality problems in CAA section 110(k) and all the requirements of 40 CFR part 58, another state. However, CAA section requirements applicable to the Area Appendix D in the Logan UT-ID 110(a)(2)(D) requirements for a state are under section 110 of the CAA (general metropolitan statistical area (MSA), not linked with a particular allowing Idaho to rely on the Smithfield SIP requirements) and part D of Title I nonattainment area’s designation and monitor in Utah as the highest of the CAA (SIP requirements for classification in that state. EPA believes concentration monitor in the MSA. As nonattainment areas) must be met. that the requirements linked with a

5 As defined in 40 CFR part 50, Appendix N, 7 The Preston monitor does not have a valid Appendix N, section 4.2(c)(i) because it has below section (1)(c). design value for the 2017–2019 three-year period 50% complete data for that quarter. 6 See https://www.epa.gov/air-trends/air-quality- because of an incomplete 2017 quarter 1 which 8 Please see ‘‘EPA R10 Ambient Monitoring TSD’’ design-values#report. cannot be substituted with quarter 1 data at the in the docket for this proposed action (EPA–R10– same monitor in 2018 or 2019 per 40 CFR part 50, OAR–2020–0190) on www.regulations.gov.

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particular nonattainment area’s requirements applicable to all for the Logan, UT-ID Moderate PM2.5 designation and classifications are the nonattainment areas at subpart 1 (CAA NAA. (83 FR 52983). The CDD relevant measures to evaluate in sections 172–176) and requirements suspended the obligation for Idaho to reviewing a redesignation request. The specific to PM10 and PM2.5 areas at make submissions to meet certain CAA transport SIP submittal requirements, subpart 4 (CAA section 189). On August requirements related to attainment of where applicable, continue to apply to 24, 2016, EPA promulgated the Fine the NAAQS, including the CAA section a state regardless of the designation of Particulate Matter National Ambient Air 172(c)(9) requirement to adopt any one particular area in the state. Quality Standards; State contingency measures. Thus, EPA does not believe that these Implementation Plan Requirements Determinations of attainment do not requirements are applicable rule.9 This rule implements the relieve states from submitting and EPA requirements for purposes of requirements of Part D of Title I of the from approving certain Part D planning redesignation. CAA for areas designated nonattainment requirements for the 2006 PM2.5 In addition, EPA believes that the for any PM2.5 NAAQS. NAAQS. CAA section 172(c)(3) requires other CAA section 110(a)(2) elements In accordance with 40 CFR 51.1015, submission and approval of a not connected with nonattainment plan upon a determination by EPA that a comprehensive, accurate and current submissions and not linked with an Moderate PM2.5 nonattainment area has inventory of actual emissions. For area’s attainment status are not attained the PM2.5 NAAQS, the purposes of the PM2.5 NAAQS, this applicable requirements for purposes of requirements for the state to submit an emissions inventory should address not redesignation because the area will still attainment demonstration, provisions only direct emissions of PM2.5, but also be subject to these requirements after it demonstrating that RACM (including emissions of all precursors to PM2.5 is redesignated. EPA concludes that the RACT for stationary sources) shall be formation, i.e., SO2, NOX, VOC, and CAA section 110(a)(2) and part D implemented no later than 4 years ammonia. As previously discussed, EPA requirements which are linked with a following the date of designation of the determined that Idaho met the CAA particular area’s designation and area, RFP plan, QMs and QM reports, section 172(c)(3) comprehensive classification are the relevant measures and contingency measures for the area emissions inventory requirement in a to evaluate in reviewing a redesignation shall be suspended until such time as: final rulemaking on July 18, 2014 (79 FR request, and that CAA section 110(a)(2) (1) The area is redesignated to 41904). elements not linked to the area’s attainment, after which such CAA section 172(c)(4) requires the nonattainment status are not applicable requirements are permanently identification and quantification of for purposes of redesignation. This discharged; or, (2) EPA determines that allowable emissions for major new and approach is consistent with EPA’s the area has re-violated the PM2.5 modified stationary sources in an area, existing policy on applicability of NAAQS. and CAA section 172(c)(5) and requires conformity (i.e., for redesignations) and Those states containing Moderate source permits for the construction and oxygenated fuels requirement. See PM2.5 NAAs were required to submit a operation of new and modified major Reading, Pennsylvania, proposed and SIP by December 31, 2014, which final rulemakings (61 FR 53174, October stationary sources anywhere in the demonstrated attainment of the PM2.5 nonattainment area. EPA first approved 10, 1996), (62 FR 24826, May 7, 1997); NAAQS by December 31, 2015.10 Cleveland-Akron-Lorain, Ohio final the requirements of the part D NSR Pursuant to CAA section 188(d) and 40 permit program for Idaho under subpart rulemaking (61 FR 20458, May 7, 1996); CFR 51.1005(a), on September 8, 2017, and Tampa, Florida, final rulemaking 1 on November 26, 2010 (75 FR 72719). EPA extended the attainment date for (60 FR 62748, December 7, 1995). See Subsequently, on March 20, 2018, Idaho the Logan UT-ID NAA from December also, the discussion on this issue in the submitted rule revisions to meet 31, 2015 to December 31, 2017 (82 FR Cincinnati, Ohio redesignation (65 FR at additional part D NSR requirements 42447). As stated in the ‘‘Background’’ 37890, June 19, 2000), and in the promulgated by the EPA under subpart section, EPA has approved several Pittsburgh-Beaver Valley, Pennsylvania 4 (81 FR 58010, August 24, 2016). We attainment plan elements for the Idaho redesignation (66 FR at 53099, October approved Idaho’s submission on August portion of the Logan UT-ID area. 19, 2001). 20, 2018 (83 FR 42033). Specifically, EPA approved the EPA has reviewed the Idaho SIP and Once the Logan, UT-ID PM2.5 NAA is has concluded that it meets the general following elements of Idaho’s redesignated to attainment, the SIP requirements under Section attainment plan: Baseline emissions prevention of significant deterioration 110(a)(2) of the CAA to the extent they inventory (July 18, 2014, 79 FR 41904); (PSD) requirements of part C of the Act are applicable for the purposes of control measures (March 25, 2014, 79 will apply. Idaho’s PSD regulations are redesignation. EPA has previously FR 16201); RACM/RACT (January 4, codified in the Idaho Administrative approved provisions of Idaho’s SIP as 2017, 82 FR 729); attainment Procedures Act (IDAPA) at demonstrating compliance with the demonstration (August 8, 2017, 82 FR 58.01.01.200–228 (permit to construct) CAA section 110(a)(2) requirements for 37025); nonattainment NSR (August 20, and governed by IDAPA 58.01.01.205 2018, 83 FR 42033), and RFP, QM and the 2006 PM2.5 NAAQS (79 FR 40662, (permit requirements for new major July 14, 2014). These requirements are, MVEB (February 20, 2020, 85 FR 9664). facilities or major modifications in however, statewide requirements that Pursuant to 40 CFR 51.1015(a), on attainment or unclassifiable areas). We October 19, 2018, EPA completed a CDD are not linked to the PM2.5 most recently approved revisions to nonattainment status of the Logan, UT- Idaho’s PSD program on August 20, 9 81 FR 58010, August 24, 2016. Codified at 40 2018 (83 FR 42033), May 12, 2017 (82 ID NAA. Therefore, EPA believes that CFR part 51, subpart Z. these SIP elements are not applicable 10 See Section 188(c)(1) of the CAA, 42 U.S.C. FR 22083) and August 12, 2016 (81 FR requirements for purposes of review of 7513(c)(1), 40 CFR 51.1004(a)(1). See also 53290). EPA finds that Idaho’s PSD this proposed redesignation. Identification of Nonattainment Classification and provisions meet all applicable Federal Deadlines for Submission of State Implementation requirements for any area designated 2. Part D of Title I Requirements Plan (SIP) Provisions for the 1997 Fine Particle unclassifiable or attainment, and these (PM2.5) National Ambient Air Quality Standard Part D of Title I of the CAA sets forth (NAAQS) and 2006 PM2.5 NAAQS (June 2, 2014), provisions will become fully effective in the basic nonattainment plan 79 FR 31566, 31567–68. the Idaho portion of the Logan, UT-ID

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PM2.5 NAA upon redesignation of the (82 FR 729). This approval included would lead to 0.10 tpd reduction in area to attainment. approving the RWC ordinances and direct PM2.5 annually. CAA section 172(c)(7) requires the SIP wood stove change-out program as Finally, in its attainment plan, IDEQ to meet the applicable provisions of meeting the RACM requirement. quantified the emission reduction CAA section 110(a)(2). As noted above, The RWC ordinances approved as benefits from three woodstove change- we find that the Idaho SIP meets the RACM on January 4, 2017, apply within out programs on the Idaho side of the CAA section 110(a)(2) applicable Franklin County and all six Idaho cities Logan UT-ID area. These programs were requirements for purposes of on the Idaho side of the Logan UT-ID conducted in 2006–2007, 2011–2012, redesignation. PM2.5 NAA (Franklin, Preston, Weston, and 2013–2014. Accordingly, Idaho For purposes of redesignation to Dayton, Clifton, and Oxford). EPA demonstrated in the submission that a attainment for the 2006 24-hour PM2.5 determined in its approvals that these total of 209 uncertified RWC devices NAAQS, EPA proposes to find that RWC ordinances achieved permanent have been changed-out since 2006. In Idaho has met all the applicable SIP and enforceable emissions reductions. addition, 39 stoves were removed and requirements under part D of Title I of Key elements in the current RWC destroyed through Idaho’s Alternative the CAA. ordinances include mandatory burn Energy Device tax deduction program. 3. Fully Approved SIP Under CAA bans issued when PM2.5 has reached or In total, 256 wood stoves have been Section 110(k) is forecasted to reach 75 on the Air changed out on the Idaho side of the Quality Index (AQI), which corresponds Logan UT-ID NAA since 2006. As As discussed in Sections III.B.1 and 3 to a PM2.5 concentration of 23.3 mg/m described in the supplemental 2014 III.B.2 of this document, for purposes of attainment plan SIP submittal (applying redesignation to attainment for the 2006 and aligns with the RWC ordinances applicable within Cache County on the the appropriate temporal profile to 24-hour PM2.5 NAAQS, EPA has fully Utah side of the Logan UT-ID PM2.5 convert to tons per day), Idaho stated approved all applicable requirements of these change-outs have led to Idaho’s SIP for the Idaho portion of the NAA. All RWC ordinances effective in Franklin County prohibit both open permanent reductions of 0.05 tpd direct Logan UT-ID area in accordance with PM , 0.003 tpd NO , and 0.13 tpd CAA section 110(k). Therefore, EPA has burning and the use of specified devices 2.5 X when an air quality alert is issued. The VOC.11 These woodstove change-out fully approved all applicable programs achieved permanent and requirements of the applicable ordinances also prohibit the installation of non-EPA-certified devices. Each of enforceable emissions reductions implementation plan in accordance because the RWC ordinances banned the with CAA section 110(k). the adopted ordinances bans open burning of any kind during burn ban sale or installation of non-EPA certified C. Improvement in Air Quality Due to days, bans the sale or installation of devices in new or existing buildings in Permanent and Enforceable Measures non-EPA certified devices in new or Franklin County jurisdictions. CAA section 107(d)(3)(E)(iii) of the existing buildings, and prohibits the IDEQ also noted that Utah adopted CAA provides that for an area to be construction of any building for which permanent and enforceable control redesignated to attainment, the a solid fuel burning device is the sole measures into its SIP that have reduced Administrator must determine that the source of heat. In its December 14, 2012, PM2.5 and precursor emissions and led improvement in air quality is due to attainment plan submittal, Idaho to the improvement in air quality in the permanent and enforceable reductions estimated that maximum reductions for Logan UT-ID PM2.5 NAA. IDEQ in emissions resulting from this measure are 0.06 tons per day (tpd) specifically referenced area source rules (2015 reductions of 122 lbs/day NO , implementation of the applicable direct PM2.5, 0.009 tpd nitrogen oxides X 679 lbs/day PM , 3,665 lbs/day VOC) implementation plan, implementation (NOX), and 0.078 tpd volatile organic 2.5 of applicable Federal air pollutant compounds (VOC). and a vehicle and inspection and control regulations, and other In our March 25, 2014 action, EPA maintenance program (2015 reductions permanent and enforceable reductions. also approved road sanding agreements of 0.214 tons/day for NOX and 0.212 On December 14, 2012, IDEQ between IDEQ, Franklin County Road tons/day for VOC) in the Utah portion 12 submitted an attainment plan that and Bridge, and the Idaho of the Logan UT-ID NAA. IDEQ also addressed attainment planning Transportation Department (IDT) to referenced Federal measures, including requirements for the Idaho portion of reduce the contribution of primary the ‘‘Tier 3 Motor Vehicle Emission and Fuel Standards Rule’’ (79 FR 23414), as the Logan UT-ID PM2.5 NAA. On PM2.5 from reentrained dust on paved December 24, 2014, the IDEQ submitted roads. According to records submitted permanent and enforceable reductions a supplement to the 2012 attainment to Idaho and summarized in the leading to improvement in air quality, plan that included additional analysis. submission, IDT used salt in 2014 (409 and ultimately to attainment, in the Idaho’s December 14, 2012, attainment tons), 2015 (340 tons), and 2016 (109 Logan UT-ID PM2.5 NAA. plan submittal included residential tons) and did not use sand. Franklin Based on the foregoing evaluation of wood combustion (RWC) ordinances, County Road and Bridge historically these control measures, EPA proposes to road-sanding agreements, and a wood used a 10:1 ratio of sand and salt; determine that the improvement in air stove change-out program to reduce however, in the Idaho attainment plan, quality is reasonably attributable to permanent and enforceable reductions emissions of PM in the Idaho portion Franklin County committed to use a 4:1 2.5 in emissions resulting from of the Logan UT-ID PM NAA. Each of ratio of sand and salt when anti-skid 2.5 implementation of the applicable these programs is discussed in detail treatment is required. Franklin County implementation plan, implementation within this section. EPA approved the also agreed to apply brine when of applicable Federal air pollutant RWC ordinances and road sanding temperatures are above 22 °F, a measure control regulations, and other agreements into the Idaho SIP on March that further reduces the amount of sand permanent and enforceable reductions. 25, 2014 (79 FR 16201), making them required by approximately 50%. The federally enforceable. EPA approved City of Preston now uses a 2:1 ratio of 11 2014 attainment plan SIP submittal, Section Idaho’s evaluation of, and imposition of, sand and salt at an average of 700 tons 4.1. RACM and RACT level controls on total per year. In its SIP, IDEQ estimates 12 See Idaho’s September 13, 2019 submittal at appropriate sources on January 4, 2017 that these road sanding commitments Section 5.2.

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D. Fully Approved Maintenance Plan the Calcagni Memo, PM2.5 maintenance source emissions, and used CAA section 107(d)(3)(E)(iv) requires plans should include an attainment MOVES2014b model defaults for the that, for a NAA to be redesignated to emission inventory to identify the level nonroad portion of the model, because attainment, EPA must fully approve a of emissions in the area which is the State has not yet developed input 15 maintenance plan which meets the sufficient to maintain the NAAQS. files for that version of the model. To requirements of CAA section 175A. The The maintenance plan attainment best represent emissions that occur on plan must demonstrate continued year inventory should include the days when the ambient concentrations attainment of the relevant NAAQS in emissions during the time period of PM2.5 are of concern, the MOVES the area for at least 10 years after our associated with the monitoring data meteorological inputs were based on an approval of the redesignation. Eight showing attainment.13 For the Logan, average episodic day representing years after our approval of a UT-ID PM2.5 NAA, IDEQ determined conditions present during wintertime redesignation, the State must submit a attainment using air quality data from stagnation events leading to high levels revised maintenance plan 2015, 2016, and 2017, the design value of ambient PM2.5 in the Logan UT-ID 16 demonstrating attainment for the 10 period relied upon for the EPA’s PM2.5 NAA. IDEQ ran MOVES2014b to years following the initial 10-year Determination of Attainment (83 FR calculate on-road and nonroad mobile period. The maintenance plan must also 52983, October 19, 2018). The State source emissions on an average episodic contain a contingency plan to ensure therefore used 2017 to calculate its base winter day for Franklin County for prompt correction of any violation of year attainment inventory, which January 2017, 2026 and 2031. Area the NAAQS. See CAA sections 175A(b) aligned with the 2017 National source emissions were apportioned from and (d). The Calcagni Memo provides Emissions Inventory (NEI) data available 2017 NEI data for individual categories, additional guidance on the content of a for point, area, on-road mobile, and which were projected for the 2026 and maintenance plan, stating that a nonroad mobile sources. IDEQ then 2031 inventories based on an average maintenance plan should include the projected the 2017 base year inventory annual growth rate. No point sources following elements: (1) An attainment to both a ‘‘horizon year’’ (a future year were listed in the base year or projected emissions inventory; (2) a maintenance at least 10 years from the approval date future inventories. More detailed demonstration showing attainment for of the maintenance plan) of 2031 and an descriptions of the 2017 base year 10 years following redesignation; (3) a interim year of 2026. inventory and the 2026 and 2031 commitment to maintain the existing The NEI is compiled at the county projected inventories can be found in monitoring network; (4) verification of level, so the State first calculated the section 4 and Appendix A of Idaho’s continued attainment; and (5) a 2017 emissions inventories for Franklin September 13, 2019 submittal, in the contingency plan to prevent or correct County, and then apportioned these docket for this action. future violations of the NAAQS. The county-wide inventories to the portion For each of these source categories, following paragraphs describe how each of Franklin County included in the the pollutants that were inventoried 14 of these elements is addressed in Logan, UT-ID NAA. IDEQ projected include: PM2.5, sulfur dioxide (SO2), Idaho’s maintenance plan. mobile source emissions using the latest NOX, VOC, and ammonia (NH3). version of EPA’s Motor Vehicle Summary of emission figures from 2017 1. Attainment Inventory Emissions Simulator (MOVES) model base year and the projected inventories As discussed in the General Preamble (MOVES2014b). IDEQ used apportioned are provided in Table 3 of this (see 57 FR 13498, April 16, 1992) and 2017 NEI data for the on-road mobile document.

TABLE 3—IDAHO PORTION OF THE LOGAN, UT-ID PM2.5 NAA; ACTUAL EMISSIONS FROM 2017 AND PROJECTED EMISSIONS FOR 2026 AND 2031 [Pounds per average episodic winter day]

PM2.5 PM2.5 Year Source category condensable filterable NOX SO2 VOC NH3

2017 ...... Area ...... 9.72 208.8 338.8 28.3 1,626.5 868.6 2017 ...... Mobile ...... 127.3 957.7 1.9 901.2 13.8 2017 ...... Nonroad ...... 42.5 286.6 0.8 1,189.1 0.7

2017 ...... Total ...... 9.72 378.5 1,583 31 3,716.8 883.1 2026 ...... Area ...... 9.88 222.4 363.5 28.6 2,061.1 872.1 2026 ...... Mobile ...... 109.4 421.8 2.0 533.1 12.5 2026 ...... Nonroad ...... 31.2 302.8 0.8 776.4 0.7

2026 ...... Total ...... 9.88 363 1088.1 31.4 3,370.6 885.3 2031 ...... Area ...... 9.97 230 377.2 28.8 2,302.6 874 2031 ...... Mobile ...... 110.5 297.3 2 396.3 13.2 2031 ...... Nonroad ...... 29.8 306.7 0.8 732.5 0.7

2031 ...... Total ...... 9.97 370.4 981.2 31.6 3,431.4 887.9

Projected change (%) ...... 2.5 ¥2.2 ¥38 2 ¥7.70 0.5

13 See Calcagni Memo at 8. 15 With the exception of paved road dust above 35 mg/m3. A total of 62 days were identified 14 See Appendix A of Idaho’s September 13, 2019 emissions, which IDEQ calculated using AP–42 that met these criteria at the Logan-Cache Airport submittal for the apportionment methodology. guidance. weather station from 2013 through 2017. The 16 An episodic day was defined as any day from hourly meteorological data from these 62 days were November through March during which the daily then averaged to create the final average episodic average PM2.5 concentration in Franklin County was day inputs.

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Following our review, we have www.camx.com/) modeling system for IDEQ interpolated the Utah DAQ determined that IDEQ prepared an the nonattainment area for Utah’s projections to 2031 using the average adequate attainment inventory for the attainment, interim, and projected years. annual growth rate for area, mobile, and Idaho portion of the Logan, UT-ID PM2.5 Utah used linear projections to estimate nonroad sources to match the 2031 NAA. future years to 2035. Utah DAQ’s horizon year for Idaho’s redesignation In the September 13, 2019 modeling domain included all three of request. The actual and projected submission, Idaho also provided the nonattainment areas in UT and emissions in the Utah portion of the inventory information for the Utah extended into southern Idaho to include Logan UT-ID PM2.5 NAA are provided in portion of the Logan, UT-ID NAA. Idaho the Idaho portion of the Logan UT-ID Table 4 of this document. Table 5 of this derived this inventory from the Utah PM2.5 NAA. The methodology for the document provides Idaho’s projected Division of Air Quality (Utah DAQ), mobile, nonroad and area source emissions inventories for the entire which performed a photochemical grid emissions inventories can be found in Logan UT-ID PM NAA, which is the modeling analysis using the the Utah DAQ PM Emissions 2.5 2.5 combination of the values in Tables 3 ‘‘Comprehensive Air Quality Model Inventory Preparation Plan (Utah DAQ with Extensions’’ (v. 6.3, http:// 2019), in the docket for this action. and 4 of this document.

TABLE 4—UTAH PORTION OF THE LOGAN, UT-ID PM2.5 NAA; ACTUAL EMISSIONS FROM 2017 AND PROJECTED EMISSIONS FOR 2026 AND 2031 [Pounds per average episodic winter day].

Year Source category PM2.5 PM2.5 condensable filterable NOX SO2 VOC NH3

2017 ...... Area ...... 1.83 1,198.17 1,840 60 7,600 26,960 2017 ...... Mobile ...... 460 7,520 40 4,920 200 2017 ...... Nonroad ...... 200 1,580 ...... 4,380 ......

2017 ...... Total ...... 1.83 1,858.17 10,940 100 16,900 27,160 2026 ...... Area ...... 2.09 1,277.91 1,400 60 7,760 26,540 2026 ...... Mobile ...... 260 3,040 20 2,780 180 2026 ...... Nonroad ...... 120 1,180 ...... 2,540 ......

2026 ...... Total ...... 2.09 1,657.91 5,620 80 13,080 26,720 2031 ...... Area ...... 2.29 1,311.04 1,411.11 60 8,215.56 26,362.22 2031 ...... Mobile ...... 326.67 3,306.67 20 3,357.78 191.11 2031 ...... Nonroad ...... 108.89 1,157.78 ...... 2,284.44 ......

2031 ...... Total ...... 2.29 1,746.6 5,875.56 80 13,857.78 26,553.33

Projected change (%) ...... 25.2 ¥6.0 ¥46.3 ¥20 ¥18.0 ¥0.02

TABLE 5—ENTIRE LOGAN, UT-ID PM2.5 NAA; ACTUAL EMISSIONS FROM 2017 AND PROJECTED EMISSIONS FOR 2026 AND 2031 [Pounds per winter day]

PM2.5 PM2.5 Year Source category condensable filterable NOX SO2 VOC NH3

2017 ...... Area ...... 11.55 1,406.94 2,178.76 88.27 9,226.45 27,828.63 2017 ...... Mobile ...... 587.3 8,477.7 41.94 5,821.24 213.76 2017 ...... Nonroad ...... 242.48 1,866.57 0.76 5,569.08 0.66

2017 ...... Total ...... 11.55 2,236.72 12,523.03 130.97 20,616.77 28,043.05 2026 ...... Area ...... 11.98 1,500.33 1,763.48 88.58 9,821.12 27,412.08 2026 ...... Mobile ...... 369.36 3,461.84 22 3,313.12 192.55 2026 ...... Nonroad ...... 151.19 1,482.79 0.77 3,316.4 0.66

2026 ...... Total ...... 11.98 2,020.88 6,708.11 111.35 16,450.64 27,605.29 2031 ...... Area ...... 12.26 1,541.06 1,788.33 88.75 10,518.17 27,236.22 2031 ...... Mobile ...... 437.21 3,603.94 22.05 3,754.04 204.32 2031 ...... Nonroad ...... 138.73 1,464.52 .78 3,016.94 0.67

2031 ...... Total ...... 12.26 2,117 6,856.79 111.58 17,289.15 27,441.21

Projected change (%) ...... 6.1 ¥5.4 ¥45.2 ¥14.8 ¥16.1 ¥2.1

Based our review of the emissions propose to find that Idaho prepared an adequate attainment inventory for the 17 inventories Idaho provided in its Logan, UT-ID PM2.5 NAA. September 13, 2019 submittal, shown in Tables 3 through 5 of this document, we 17 ‘‘Emissions Inventory Guidance for Implementation of Ozone and Particulate Matter

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2. Maintenance Demonstration throughout the maintenance period, 5. Contingency Plan CAA section 175A requires a state therefore EPA is proposing to determine CAA section 175A(d) requires that a seeking redesignation to attainment to that the projected emissions inventories maintenance plan also include submit a SIP revision to provide for the in the Idaho maintenance plan contingency provisions, as necessary, to maintenance of the NAAQS in the area sufficiently demonstrate that the Logan promptly correct any violation of the ‘‘for at least 10 years after the UT-ID PM2.5 NAA will continue to NAAQS that occurs after redesignation redesignation.’’ A state can make this maintain the 2006 24-hour PM2.5 of the area to attainment. For the demonstration by either showing that standard throughout the maintenance purposes of CAA section 175A, a state future emissions of a pollutant or its period. is not required to have fully adopted precursors will not exceed the level of contingency measures that will take 3. Monitoring Network the attainment inventory, or by effect without further action by the state modeling to show that the future mix of Once a NAA has been redesignated to in order for the maintenance plan to be sources and emissions rates will not attainment, the state must continue to approved. However, the contingency cause a violation of the NAAQS. See operate an appropriate air quality plan is an enforceable part of the SIP Calcagni Memo, pages 9–10. Idaho monitoring network, in accordance with and should ensure that contingency elected to demonstrate maintenance of 40 CFR part 58, to verify the attainment measures are adopted expeditiously the 2006 PM2.5 NAAQS for at least ten 18 once they are triggered. The plan should years following redesignation using the status of the area. The maintenance plan should contain provisions for discuss the measures to be adopted and attainment inventory method. a schedule and procedure for adoption continued operation of air quality IDEQ developed projected and implementation. The contingency monitors that will provide such inventories, provided in Tables 3 plan must require that the state will verification. In the maintenance plan, through 5 of this document, to show implement all measures contained in that the Logan UT-ID area will remain IDEQ noted that it currently operates a the Part D nonattainment plan for the in attainment through the year 2031. regulatory monitor (the Preston monitor) area prior to redesignation. The state These projected inventories, covering an in the Idaho portion of the Logan, UT- should also identify the specific interim year of 2026 and a horizon year ID PM2.5 NAA, and committed to indicators, or triggers, which will be of 2031, show that future emissions of continue operating a regulatory used to determine when the NOX, SO2, VOCs, ammonia, and direct monitoring network in Franklin County contingency plan will be implemented. PM2.5 throughout the NAA will remain in order to verify continued attainment Idaho’s maintenance plan outlines the at or below the 2017 attainment-level of the PM2.5 NAAQS and track the procedures for the adoption and emissions for the 2006 24-hour PM2.5 progress of the maintenance plan. IDEQ implementation of contingency NAAQS. As these inventories show, also stated that it will work with EPA measures to further reduce emissions emissions from NOX, SO2, VOCs and each year through the air monitoring should a violation occur. Idaho’s NH3 are projected to decrease between network review process (per 40 CFR contingency measures include a 2017 and 2031 (Table 5 of this part 58) to determine the adequacy of warning level response and an action document). The emissions of direct the monitoring network.19 EPA level response. An initial warning level filterable PM2.5 are projected to decline proposes to determine that the response is triggered for the 2006 24- by 5.4% by 2031 (Table 5 of this maintenance plan contains adequate hour PM2.5 NAAQS when the 98th document). percentile 24-hour PM concentration Although emissions from condensable provisions for continued operation of an 2.5 for a single calendar year reaches 35.5 PM increase by 6.1% by 2031, Idaho air quality monitoring network to verify 2.5 mg/m3 or greater within the area. An adequately demonstrated that this maintenance of the 2006 PM2.5 NAAQS. action level response will be prompted increase will not prevent maintenance 4. Verification of Continued Attainment by any one of the following: (1) A two of the NAAQS through 2031. The year average of the 98th percentile condensable fraction of PM is 0.6% of As stated in Section III.D.3 of this 2.5 reaches 35.5 mg/m3 or greater within the the total PM2.5-Primary levels projected document, in its maintenance plan, area; or (2) a violation of the standard for 2031. As depicted in Table 5 of this Idaho commits to continue to operate a occurs in the area (i.e. a three-year document, the total condensable PM2.5 regulatory monitoring network in order average of the 98th percentile reaches emissions are projected to increase by to verify continued attainment of the m 3 0.71 pounds per winter day between 35.5 g/m or greater). PM2.5 NAAQS in the Idaho portion of Regardless of which level of response 2017 and 2031, while total filterable the Logan UT-ID area. Idaho is also is triggered, the State will evaluate all PM emissions are projected to 2.5 required to periodically update the appropriate data including air quality decrease by 119.72 pounds per winter emissions inventory for Franklin County data, evaluation of wood smoke day over the same time period. Overall, in accordance with the Annual Air programs and information on wildfires total PM2.5 (sum of filterable and Emissions Reporting Requirements Rule condensable PM ) is projected to or winter power outages to determine 2.5 (AERR) during the maintenance plan the cause of the exceedance. IDEQ will decrease by 5.3% from 2017 to 2031. period. This includes developing annual EPA has reviewed the documentation perform this evaluation within six provided by Idaho for developing the inventories for major point sources and months of the end of the year in which 2026 and 2031 emissions inventories for a comprehensive periodic inventory the NAAQS is exceeded or violated. covering all source categories every Should a warning level response be the Logan UT-ID PM2.5 NAA. Based on our review, EPA finds that the three years. triggered, and IDEQ determines that emissions inventories were prepared in additional emissions reductions are accordance with EPA requirements. 18 As stated, Utah and Idaho signed an MOU to necessary, the State will adopt and These inventories indicate a decrease in collectively meet the monitoring requirements of 40 implement contingency measures as CFR part 58, Appendix D in the Logan UT-ID MSA expeditiously as possible and no later PM2.5 and precursor emissions on September 1, 2020. 19 See EPA’s November 9, 2020 approval of than 18 months from the determination National Ambient Air Quality Standards (NAAQS) Idaho’s 2020 Annual Monitoring Network Plan, in of a single year exceedance based on and Regional Haze Regulations,’’ May 2017. the docket for this action. quality assured data. Should an action

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level response be triggered, procedures for determining whether or accordance with 40 CFR 93.102(b)(3), as implementation of necessary control not they conform. Conformity to a SIP these emissions made up only 1% of measures will take place as means that transportation activities will total wintertime contributions at the expeditiously as possible, but in no not produce new air quality violations, Franklin monitor. Vehicle emissions of event later than 18 months after IDEQ worsen existing violations, or delay SO2 and NH3 were also found to determines, based on quality-assured timely attainment of the NAAQS. Thus, contribute minimally to PM2.5 in the ambient data, that an action level trigger EPA’s conformity rule requires a area and therefore the maintenance plan has been exceeded. demonstration that emissions from a does not include MVEBs for these Idaho has identified the following Metropolitan Planning Organization’s precursors in accordance with 40 CFR potential contingency measures for the (MPO’s) Regional Transportation Plan 93.102(b)(2)(v). See Section 6 of Idaho’s maintenance plan: and Transportation Improvement maintenance plan, in the docket for this • Measures to address emissions from Program, involving Federal Highway action, for further analysis of the residential wood combustion, including Administration (FHWA) or Federal pollutants and precursors and the the potential implementation of a burn Transit Administration (FTA) funding decisions on whether or not MVEBs ban in the maintenance area at a lower or approval, are consistent with the were required for the individual threshold than currently in place in the MVEB(s) contained in a control strategy pollutants and precursors. SIP revision or maintenance plan (40 ordinances for the six cities in the Idaho The MVEBs for 2031 are identical to CFR 93.101, 93.118, and 93.124). A portion of the Logan UT-ID PM2.5 NAA. the on-road mobile source emissions MVEB is the level of mobile source The current ordinances trigger a burn inventory provided for direct PM , emissions of a pollutant relied upon in 2.5 ban when the Air Quality Index (AQI) NO and VOCs in Table 1 (in Section the attainment or maintenance X level reaches 75. II.D.1 of this document) of this proposed • Additional measures to address demonstration to attain or maintain action for that year, except that the 2031 other PM sources identified in the compliance with the NAAQS in the 2.5 direct PM budget does not include emissions inventory such as on-road nonattainment or maintenance area. 2.5 paved road dust. As stated in that and nonroad vehicles, industrial A PM2.5 maintenance plan should section, IDEQ used EPA’s MOVES2014b sources, and dust. identify MVEBs for direct PM2.5, NOX model to develop vehicle emissions Based on our analysis of Idaho’s and all other PM2.5 precursors from on- estimates for 2031, which were submittal, we propose to find that the road mobile source emissions that are recalculated into tons per day (from lbs contingency measure provisions determined to significantly contribute to 20 per day) for the 2031 MVEBs. provided in Idaho’s Logan, UT-ID PM2.5 PM2.5 levels in the area. To determine maintenance plan are sufficient and which precursor pollutants are required Based on its analysis, IDEQ set the meet the requirements of CAA section to have an MVEB, IDEQ reviewed PM2.5 mobile source emissions budgets for 175A(d). speciation at the Franklin monitor. 2031 provided in Table 6 of this Based on PM2.5 speciation data and the proposed action, as part of the E. Requirements for Transportation local emissions inventory composition September 13, 2019 maintenance plan Conformity and Motor Vehicle for each pollutant, IDEQ determined submission. The previously approved Emissions Budgets (MVEBs). that in addition to NOX and direct 2017 MVEBs (see 85 FR 9664, February Transportation conformity is required PM2.5, the maintenance plan should also 20, 2020), are included in Table 6. by CAA section 176(c). EPA’s include an MVEB for VOCs because According to EPA’s conformity rule, the conformity rule at 40 CFR part 93, they are important precursors to emissions budget acts as a ceiling on subpart A requires that transportation secondary formation PM2.5. The State emissions in the year for which it is plans, programs, and projects conform excluded direct PM2.5 emissions from defined or until a SIP revision modifies to SIPs and establishes the criteria and paved road dust from the MVEBs in the budget.21

TABLE 6—2017 AND 2031 MVEBS FOR THE IDAHO PORTION OF THE LOGAN UT-ID PM2.5 NAA

Motor vehicle emissions budget Year (tpd)

Direct PM2.5 NOX VOC

2017 ...... 029 .544 .467 2031 ...... 009 .149 .198

We propose to find that Idaho has 24-hour PM2.5 NAAQS. Based on our of the Logan, UT-ID PM2.5 NAA under evaluated the appropriate pollutants review of Idaho’s 2031 MVEBs, we are 40 CFR part 81 will be revised to and precursors and appropriately proposing to approve the budgets. attainment upon the effective date of established MVEBs for direct PM , that final action. 2.5 IV. Proposed Action NO and VOCs. Idaho used the most up- X V. Statutory and Executive Order to-date model (MOVES2014b) available EPA is proposing to redesignate the Reviews at the time of submission in order to Idaho portion of the Logan UT-ID PM2.5 appropriately calculate these budgets.22 NAA, and proposing to approve the Under the CAA, redesignation of an The MVEBs are based on the control associated maintenance plan for the area to attainment and the measures in the maintenance plan and area. If this proposal is finalized, the accompanying approval of a consistent with maintaining the 2006 designation status of the Idaho portion maintenance plan under section

20 See 40 CFR 93.102(b)(2)(iv)–(v) and (b)(3). 22 See document titled ‘‘EPA R10 MVEB and (EPA–R10–OAR–2020–0190) on 21 See 40 CFR 93.118. MOVES TSD’’ in the docket for this proposed action www.regulations.gov.

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107(d)(3)(E) are actions that affect the practicable and legally permissible program approval. In the ‘‘Rules and status of a geographical area and do not methods, under Executive Order 12898 Regulations’’ section of this Federal impose any additional regulatory (59 FR 7629, February 16, 1994). Register, EPA is approving the changes requirements on sources beyond those In addition, the SIP is not approved by direct final rule because we believe imposed by state law. A redesignation to to apply on any Indian reservation land this action is not controversial and do attainment does not in and of itself or in any other area where EPA or an not expect comments that oppose it. create any new requirements, but rather Indian tribe has demonstrated that a DATES: Send written comments by results in the applicability of tribe has jurisdiction. In those areas of March 19, 2021. Indian country, this rule does not have requirements contained in the CAA for ADDRESSES: Submit your comments, areas that have been redesignated to tribal implications as specified by identified by EPA–R05–UST–2020–0685 attainment. Moreover, the Administrator Executive Order 13175 (65 FR 67249, by one of the following methods: is required to approve a SIP submission November 9, 2000), because 1. Federal eRulemaking Portal: that complies with the provisions of the redesignation is an action that affects https://www.regulations.gov. Follow the CAA and applicable Federal regulations. the status of a geographical area and online instructions for submitting 42 U.S.C. 7410(k); 40 CFR 52.02(a). does not impose any new regulatory comments. Thus, in reviewing SIP submissions, requirements on tribes, impact any 2. Email: [email protected]. EPA’s role is to approve state choices, existing sources of air pollution on Instructions: Direct your comments to provided that they meet the criteria of tribal lands, nor impair the maintenance Docket ID No. EPA–R05–UST–2020– the CAA. Accordingly, this action of ozone national ambient air quality 0685. EPA’s policy is that all comments merely approves state law as meeting standards in tribal lands. received will be included in the public Federal requirements and does not List of Subjects docket without change and may be impose additional requirements beyond available online at https:// those already imposed by state law. For 40 CFR Part 52 www.regulations.gov, including any that reason, this action: • Environmental protection, Air personal information provided, unless Is not a ‘‘significant regulatory pollution control, Incorporation by the comment includes information action’’ subject to review by the Office reference, Intergovernmental relations, claimed to be Confidential Business of Management and Budget under Lead, Nitrogen dioxide, Ozone, Information (CBI) or other information Executive Orders 12866 (58 FR 51735, Particulate matter, Reporting and whose disclosure is restricted by statute. October 4, 1993) and 13563 (76 FR 3821, recordkeeping requirements, Sulfur Do not submit information that you January 21, 2011); • oxides, Volatile organic compounds. consider to be CBI or otherwise Is not an Executive Order 13771 (82 protected through https:// 40 CFR Part 81 FR 9339, February 2, 2017) regulatory www.regulations.gov, or email. The action because SIP approvals are Environmental protection, Air federal https://www.regulations.gov exempted under Executive Order 12866; pollution control, National parks, website is an ‘‘anonymous access’’ • Does not impose an information Wilderness areas. system, which means EPA will not collection burden under the provisions know your identity or contact of the Paperwork Reduction Act (44 Authority: 42 U.S.C. 7401 et seq. information unless you provide it in the U.S.C. 3501 et seq.); Dated: February 9, 2021. body of your comment. If you send an • Is certified as not having a Michelle L. Pirzadeh, significant economic impact on a email comment directly to EPA without Acting Regional Administrator, Region 10. going through https:// substantial number of small entities [FR Doc. 2021–03031 Filed 2–16–21; 8:45 am] under the Regulatory Flexibility Act (5 www.regulations.gov, your email BILLING CODE 6560–50–P U.S.C. 601 et seq.); address will be automatically captured • Does not contain any unfunded and included as part of the comment mandate or significantly or uniquely that is placed in the public docket and ENVIRONMENTAL PROTECTION made available on the internet. If you affect small governments, as described AGENCY in the Unfunded Mandates Reform Act submit an electronic comment, EPA of 1995 (Pub. L. 104–4); 40 CFR Part 281 recommends that you include your • Does not have federalism name and other contact information in implications as specified in Executive [EPA–R05–UST–2020–0685; FRL–10020– the body of your comment and with any 06–Region 5] Order 13132 (64 FR 43255, August 10, disk or CD–ROM you submit. If EPA cannot read your comment due to 1999); Indiana: Final Approval of State • Is not an economically significant technical difficulties, and cannot Underground Storage Tank Program contact you for clarification, EPA may regulatory action based on health or Revisions safety risks subject to Executive Order not be able to consider your comment. 13045 (62 FR 19885, April 23, 1997); AGENCY: Environmental Protection Electronic files should avoid the use of • Is not a significant regulatory action Agency (EPA). special characters, any form of subject to Executive Order 13211 (66 FR ACTION: Proposed rule. encryption, and be free of any defects or 28355, May 22, 2001); viruses. • Is not subject to requirements of SUMMARY: Pursuant to the Resource EPA encourages electronic submittals, Section 12(d) of the National Conservation and Recovery Act (RCRA but if you are unable to submit Technology Transfer and Advancement or Act), the Environmental Protection electronically, please reach out to EPA Act of 1995 (15 U.S.C. 272 note) because Agency (EPA) proposes to take direct contact person listed in the notice for application of those requirements would final action to approve revisions to the assistance with additional submission be inconsistent with the CAA; and State of Indiana’s Underground Storage methods. • Does not provide EPA with the Tank (UST) program submitted by the You can view and copy the discretionary authority to address, as State. This action is based on EPA’s documents that form the basis for this appropriate, disproportionate human determination that the State’s revisions action and associated publicly available health or environmental effects, using satisfy all requirements needed for UST materials through www.regulations.gov.

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FOR FURTHER INFORMATION CONTACT: SUMMARY: In this document, the Federal the Paperwork Reduction Act proposed Sherry Kamke, Environmental Engineer, Communications Commission information collection requirements Corrective Action Section #3, (Commission) seeks comment on a contained herein should be submitted to Remediation Branch (LR–17J), EPA proposal to create a limited role for the the Federal Communications Region 5, 77 West Jackson Boulevard, Commission to oversee certificate Commission via email to [email protected] Chicago, Illinois 60604, (312) 353–5794, revocation decisions by the private and comments should be sent to [email protected]. Out of an STIR/SHAKEN governance system that www.reginfo.gov/public/do/PRAMain. abundance of caution for members of would have the effect of placing voice Find this particular information the public and our staff, the EPA Region service providers in noncompliance collection by selecting ‘‘Currently Under 5 office will be closed to the public to with our rules. Review—Open for Public Comments’’ or reduce the risk of transmitting COVID– DATES: Comments are due on or before by using the search function. Your 19. We encourage the public to submit March 19, 2021; reply Comments are comment must be submitted into comments via https:// due on or before April 19, 2021. Written www.reginfo.gov per the above www.regulations.gov or via email. comments on the Paperwork Reduction instructions for it to be considered. In Please call or email the contact listed Act proposed information collection addition to submitting in above if you need alternative means to requirements must be submitted by the www.reginfo.gov also send a copy of access the material provided in the public, Office of Management and your comment on the proposed docket. Budget (OMB), and other interested information collection to Nicole Ongele, SUPPLEMENTARY INFORMATION: In the parties on or before February 17, 2021. FCC, via email to [email protected] and to final rules section of this Federal ADDRESSES: Comments and reply [email protected]. Include in the Register, EPA is approving the State’s comments may be filed using the comments the OMB control number. UST program submittal as a direct rule Commission’s Electronic Comment FOR FURTHER INFORMATION CONTACT: For without prior proposal because the Filing System (ECFS). See Electronic further information, please contact Agency views this as a noncontroversial Filing of Documents in Rulemaking Connor Ferraro, Competition Policy submittal and anticipates no adverse Proceedings, 63 FR 24121 (1998). Division, Wireline Competition Bureau, comments. A detailed rationale for the Interested parties may file comments or at [email protected] or at (202) approval is set forth in the direct final reply comments, identified by WC 418–1322. For additional information rule. If no relevant adverse comments Docket No. 17–97 by any of the concerning the Paperwork Reduction are received in response to this action, following methods: Act proposed information collection no further activity is contemplated. If • Electronic Filers: Comments may be requirements contained in this EPA receives relevant adverse filed electronically using the internet by document, send an email to PRA@ comments, the direct final rule will be accessing the ECFS: https:// fcc.gov or contact Nicole Ongele at (202) withdrawn, and all public comments www.fcc.gov/ecfs/. 418–2991. received will be addressed in a • Paper Filers: Parties who choose to SUPPLEMENTARY INFORMATION: This is a subsequent final rule based on this file by paper must file an original and summary of the Commission’s Second proposed rule. EPA will not institute a one copy of each filing. Further Notice of Proposed Rulemaking second comment period. Any parties Filings can be sent by commercial in WC Docket No. 17–97, FCC 21–15, interested in commenting on this action overnight courier, or by first-class or adopted on January 13, 2021, and should do so at this time. For additional overnight U.S. Postal Service mail. All released on January 14, 2021. The full information, see the direct final rule filings must be addressed to the text of this document is available for published in the ‘‘Rules and Commission’s Secretary, Office of the public inspection at the following Regulations’’ section of this Federal Secretary, Federal Communications internet address: https://docs.fcc.gov/ Register. Commission. public/attachments/FCC-21-15A1.pdf. • Commercial overnight mail (other Authority: This rule is issued under the To request materials in accessible authority of Sections 2002(a), 9004, and than U.S. Postal Service Express Mail formats for people with disabilities (e.g., 7004(b) of the Solid Waste Disposal Act, as and Priority Mail) must be sent to 9050 braille, large print, electronic files, amended, 42 U.S.C. 6912, 6991c, 6991d, and Junction Drive, Annapolis Junction, MD audio format, etc.) or to request 6991e. 20701. reasonable accommodations (e.g., • U.S. Postal Service first-class, Dated: February 9, 2021. accessible format documents, sign Express, and Priority mail must be Cheryl Newton, language interpreters, CART, etc.), send addressed to 45 L Street NE, an email to [email protected] or call the Acting Regional Administrator, Region 5. Washington, DC 20554. Consumer & Governmental Affairs [FR Doc. 2021–03169 Filed 2–16–21; 8:45 am] • Effective March 19, 2020, and until Bureau at (202) 418–0530 (voice) or BILLING CODE 6560–50–P further notice, the Commission no (202) 418–0432 (TTY). longer accepts any hand or messenger This document contains proposed delivered filings. This is a temporary information collection requirements. FEDERAL COMMUNICATIONS measure taken to help protect the health The Commission, as part of its COMMISSION and safety of individuals, and to continuing effort to reduce paperwork mitigate the transmission of COVID–19. burdens, invites the general public and 47 CFR Part 64 See FCC Announces Closure of FCC the Office of Management and Budget [WC Docket No. 17–97; FCC 21–15; FRS Headquarters Open Window and (OMB) to comment on the information 17458] Change in Hand-Delivery Policy, Public collection requirements contained in Notice, DA 20–304 (March 19, 2020). this document, as required by the Call Authentication Trust Anchor https://www.fcc.gov/document/fcc- Paperwork Reduction Act of 1995, closes-headquarters-open-window-and- AGENCY: Federal Communications Public Law 104–13. Comments should changes-hand-delivery-policy. Commission. address: (a) Whether the proposed In addition to filing comments with the collection of information is necessary ACTION: Proposed rule. Secretary, a copy of any comments on for the proper performance of the

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functions of the Commission, including potential confidentiality of any Telecommunications Industry Solutions whether the information shall have information submitted, particularly (ATIS) developed standards to allow for practical utility; (b) the accuracy of the where public release of such the authentication and verification of Commission’s burden estimates; (c) information could raise security caller ID information for calls carried ways to enhance the quality, utility, and concerns (e.g., granular location over IP networks. The result of their clarity of the information collected; (d) information). Respondents may request efforts is the STIR/SHAKEN call ways to minimize the burden of the materials or information submitted to authentication framework, which allows collection of information on the the Commission or to the Administrator for the caller ID information to securely respondents, including the use of be withheld from public inspection travel with the call itself throughout the automated collection techniques or under 47 CFR 0.459 of the entire length of the call path. A key other forms of information technology; Commission’s rules. component to the STIR/SHAKEN and (e) way to further reduce the framework is the transmission of a Synopsis information collection burden on small digital ‘‘certificate’’ along with the call. business concerns with fewer than 25 I. Introduction This certificate essentially states that the employees. In addition, pursuant to the 1. As part of the Commission’s multi- voice service provider authenticating the caller ID information is the voice Small Business Paperwork Relief Act of pronged approach to combat illegal service provider it claims to be, it is 2002, Public Law 107–198, see 44 U.S.C. robocalls, the Commission has authorized to authenticate this 3506(c)(4), we seek specific comment on promoted the implementation of STIR/ information and, thus, the voice service how we might further reduce the SHAKEN, a caller ID authentication provider’s claims about the caller ID information collection burden for small framework. STIR/SHAKEN is a set of information can be trusted. To maintain business concerns with fewer than 25 industry-created technological trust and accountability in the voice employees. To view a copy of this standards that help to prevent illegally service providers that vouch for the information collection request (ICR) ‘‘spoofed’’ calls. Spoofing is a practice caller ID information, a neutral submitted to OMB: (1) Go to the web that involves the falsifying of caller ID page http://www.reginfo.gov/public/do/ governance system issues the information and it is particularly certificates. PRAMain, (2) look for the section of the nefarious when bad actors spoof calls to web page called ‘‘Currently Under 5. The STIR/SHAKEN governance trick unsuspecting Americans into system is comprised of several different Review,’’ (3) click on the downward- thinking that calls they make are pointing arrow in the ‘‘Select Agency’’ entities fulfilling specialized roles. The trustworthy because the caller ID Governance Authority, managed by a box below the ‘‘Currently Under information appears as if the call came Review’’ heading, (4) select ‘‘Federal board consisting of representatives from from a neighbor or a familiar or across the voice service industry, Communications Commission’’ from the reputable source. list of agencies presented in the ‘‘Select defines the policies and procedures for 2. In March, acting pursuant to the which entities can issue or acquire Agency’’ box, (5) click the ‘‘Submit’’ Pallone-Thune Telephone Robocall button to the right of the ‘‘Select certificates. The Policy Administrator Abuse Criminal Enforcement and applies the rules set by the Governance Agency’’ box, (6) when the list of FCC Deterrence Act (TRACED Act), the ICRs currently under review appears, Authority, confirms that certification Commission required voice service authorities are authorized to issue look for the Title of this ICR and then providers to implement the STIR/ certificates, and confirms that voice click on the ICR Reference Number. A SHAKEN call authentication technology service providers are authorized to copy of the FCC submission to OMB in the internet protocol (IP) portions of request and receive certificates. will be displayed. their phone networks by June 30, 2021. OMB Control Number: 3060–XXXX. Certification Authorities, of which there The Commission completed are several, issue the certificates used to Title: Secure Telephone Identity implementation of the TRACED Act Governance Authority Token authenticate and verify calls. And with respect to STIR/SHAKEN in finally, the voice service providers Revocation Review Process. September and required intermediate Form Number: N/A. themselves, which, when acting as call Type of Review: New information providers to facilitate caller ID initiators, select an approved collection. authentication. certification authority from which to Respondents: Business or other for- 3. Today, we propose a limited role request a certificate, and when acting as profit entities. for the Commission to oversee call recipients, check with certification Number of Respondents and certificate revocation decisions by the authorities to ensure that the certificates Responses: 50 respondents; 50 private STIR/SHAKEN Governance they receive were issued by the correct responses. Authority that would have the effect of certification authority. Estimated Time per Response: 24 placing providers in noncompliance 6. To receive a digital certificate, a hours. with our rules. We anticipate that voice service provider must first apply Frequency of Response: On occasion exercising an oversight role would to the Policy Administrator for a Service reporting requirement. provide necessary due process to parties Provider Code (SPC) token. To obtain an Obligation to Respond: Mandatory that may be rendered noncompliant SPC token, the Governance Authority and required to obtain or retain benefits. with our rules by the actions of a private policy requires that a voice service The statutory authority for these entity without unduly interfering with provider must (1) have a current FCC collections are contained in 47 U.S.C. the well-functioning multi-stakeholder Form 499A on file with the 227b, 251(e), and 227(e) of the private STIR/SHAKEN governance Commission, (2) have been assigned an Communications Act of 1934. processes. Operating Company Number (OCN), and (3) have direct access to telephone Total Annual Burden: 1,200 hours. II. Background Total Annual Cost: No Cost. numbers from the North American Privacy Act Impact Assessment: No 4. To address the issue of illegal caller Numbering Plan Administrator impact(s). ID spoofing, technologists from the (NANPA) and the National Pooling Nature and Extent of Confidentiality: internet Engineering Task Force (IETF) Administrator. The SPC token then The Commission will consider the and the Alliance for permits the voice service provider to

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obtain the digital certificates it will use law related to caller ID authentication. Reinstatement Policy and the STI–GA to authenticate calls from one of the When a service provider’s credentials Operating Procedures, and we approved Certification Authorities. The are compromised or it exits the encourage the STI–GA to further clarify SPC token therefore is a prerequisite for ecosystem (the former two scenarios), the timing for each. a voice service provider to participate in the Policy Administrator may revoke a 9. In the First Caller ID Authentication the STIR/SHAKEN ecosystem, and service provider’s SPC token without Report and Order and Further Notice, management of token access is the prior direction from the Governance the Commission declined to impose mechanism by which the Policy Authority because in either new regulations on the STIR/SHAKEN Administrator and Governance circumstance there will be no question governance structure. The Commission Authority protect the system from abuse as to its appropriateness. However, reasoned, in part, that the Commission and misuse. On November 18, 2020, the when a service provider fails to adhere did yet not know the nature and scope Governance Authority announced an to a policy or technical requirement, or of the type of problems that may arise update to its Service Provider Code at the direction of a court, the that would require Commission (SPC) Token Access Policy. Under the Commission, or another relevant legal intervention. revised policy, an entity will no longer authority (the latter two scenarios), the III. Discussion need direct access to telephone Governance Authority conducts the numbers; in place of that requirement, revocation process according to the 10. Although we continue to refrain an entity will need to have certified process outlined in the Service Provider from unduly intruding upon the private with the Commission that they have Token Revocation Policy. STIR/SHAKEN governance structure, in implemented STIR/SHAKEN or comply this Further Notice we preliminarily 8. Before the Governance Authority conclude that it is important for the with the Robocall Mitigation Program revokes an SPC token due to a voice Commission to have a role in reviewing requirements and are listed in the service provider’s violation of a policy, the Governance Authority’s decisions to Commission database. The Governance technical, or legal requirement, the revoke a voice service provider’s SPC Authority provided that the revised Governance Authority follows a multi- token because such decisions will have policy will be effective upon the step process described by the Service the effect of placing the voice service Commission’s Robocall Mitigation Provider Token Revocation Policy, provider out of compliance with our Certification filing deadline and that, which allows the voice service provider rules. Specifically, we propose to until then, the current SPC Token to respond to the alleged infraction and establish an oversight role for the Access Policy remains in effect. appeal any adverse decision according Commission over the Governance 7. The Policy Administrator grants to the Governance Authority’s operating Authority’s token revocation decisions SPC tokens to eligible voice service procedures. According to the Service similar to the one we hold in the context providers conditioned on the execution Provider Token Revocation Policy, a of decisions by the Universal Service of a signed agreement with each voice voice service provider, the Policy Administrative Company (USAC). service provider, stating that the voice Administrator, a Certification Authority, Under our universal service appeals service provider will follow the or a regulatory agency may report a rules, after first seeking internal review appropriate standards. This agreement potential issue to the Governance by USAC, an aggrieved party may seek establishes that if the Policy Authority via a complaint. Next, the review of USAC’s decision by the Administrator deems the voice service Governance Authority will conduct a Commission. Our proposed rules would provider to be in breach, it has the formal review of the complaint and follow this same format and allow authority to suspend or revoke a voice gather additional information. The review by the Wireline Competition service provider’s SPC token. The Governance Authority Board then votes Bureau, except for requests for review Governance Authority possesses sole on whether to revoke the token, that raise ‘‘novel questions of fact, law authority to direct the Policy requiring a two thirds vote of the or policy,’’ which would be considered Administrator to revoke an SPC token, Governance Authority Board to approve by the full Commission. We seek except in limited circumstances where the revocation. The affected service comment on this proposal. the Policy Administrator may perform provider may appeal an adverse 11. In more detail, we propose to such actions on its own initiative, decision by the Governance Authority adopt similar procedural and timing reviewable by the Governance through a formal appeal process requirements as in our universal service Authority. In the Service Provider outlined in the Governance Authority’s rules. We propose that any voice service Token Revocation Policy, the Operating Procedures. In addition to the provider that has its SPC token revoked Governance Authority lists the reasons Governance Authority reviewing the by the Governance Authority, must first, for which an SPC token may be revoked: complaint and issuing a written before appealing that decision to the (1) In the situation of compromised response, the formal appeal process Commission, exhaust all review of this credentials, i.e., a voice service includes the potential for a hearing decision by the Governance Authority, provider’s private key has been lost, before an independent panel of three including completing the formal appeal stolen, or compromised, or a individuals. Following a hearing, the process outlined in the Governance certification authority has been appeals panel issues a written decision Authority’s Operating Procedures and compromised; (2) the voice service stating its findings of fact, conclusions, described above. We believe that the provider exits the ecosystem; (3) the and the reasoning for its conclusions. If Governance Authority’s robust review voice service provider failed to adhere a voice service provider loses the procedures will enable the dispute to to the policy and technical requirements appeal, or chooses not to appeal, it may fully develop before potentially of the system, including the SPC Token seek reinstatement to the STIR/SHAKEN reaching the Commission, thereby Access Policy, funding requirements, or ecosystem if the Governance Authority making it easier for the Commission to technical specifications regarding the approves of its plan of action to remedy identify the relevant facts and issues. Do use of STIR/SHAKEN; or (4) when the issue or issues underlying the token commenters agree? Are there any directed by a court, the Commission, or revocation. The Commission is aware of reasons we should allow for appeals of another body with relevant legal the timing discrepancy between the interim or other relief to the authority due to a violation of Federal appeal process as described in the Commission before the full Governance

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Authority process has been completed? the full record of the SPC token Congress provided to the Commission If so, how should such a procedure revocation appeal, including the written under section 4(b)(1) of the TRACED work? Are there any entities other than decision. We seek comment on these Act to require the implementation of the the affected voice service providers that proposed processes. What specific STIR/SHAKEN framework. We believe we should allow to take advantage of information should the Commission that the proposed appeal process would such appeal or other procedures? require the Governance Authority to be consistent with this authority with 12. We propose to give a voice service provide? How should we address minimal cost to the industry. We seek provider 60 days after the Governance requests for confidentiality, and should comment on this proposal, and whether Authority upholds its adverse decision we treat any filings as presumptively we have independent authority under to request review by the Commission confidential by default? Are there any section 251(e) of the Communications and to apply the time periods for filing other ways in which we should depart Act or under the Truth in Caller ID Act oppositions and replies set forth in from our established process for or other statutory provisions. § 1.45 of our rules. Do commenters agree universal service appeals? We believe IV. Procedural Matters that we should adopt these filing that the reporting costs imposed upon deadlines? Are there reasons relevant to the Governance Authority by the 17. Ex Parte Rules. This proceeding the SPC token revocation context to process we propose would be minimal, shall be treated as a ‘‘permit-but- allow service providers more or less and we seek comment on this view. disclose’’ proceeding in accordance time than parties are provided under 14. We further propose that with the Commission’s ex parte rules. those rules? Should we require or allow throughout the period of review, until Persons making ex parte presentations the Governance Authority to file a the Commission or Bureau issue an must file a copy of any written statement in opposition to the request initial decision, a voice service provider presentation or a memorandum for review? will not be judged to be in violation of summarizing any oral presentation 13. We further propose to require our § 64.6301 rules or the TRACED Act. within two business days after the requests for review to be filed within the We seek comment on these proposals. Is presentation (unless a different deadline Commission’s Electronic Comment this the appropriate status for a voice applicable to the Sunshine period Filing System, in a dedicated inbox service provider to maintain throughout applies). Persons making oral ex parte available to the public and be captioned the review process? Should we allow presentations are reminded that with the name of the party. Accordingly, the voice service provider to maintain memoranda summarizing the we propose to direct the Wireline possession and use of its SPC token presentation must (1) list all persons Competition Bureau to establish a new until the Bureau or Commission has attending or otherwise participating in docket for these appeals. Next, we reached a decision? Are there are other the meeting at which the ex parte propose that the request for review, at relevant procedural requirements that presentation was made, and (2) a minimum, contain: (1) A statement we should adopt? We also propose that summarize all data presented and setting forth the voice service provider’s should the Bureau or the Commission arguments made during the asserted basis for appealing the uphold or otherwise decide not to presentation. If the presentation Governance Authority’s decision to overturn the Governance Authority’s consisted in whole or in part of the revoke the SPC token; (2) a full decision, a voice service provider will presentation of data or arguments statement of relevant, material facts not maintain the right to use its SPC already reflected in the presenter’s with supporting affidavits and token by filing a petition for written comments, memoranda or other documentation, including any reconsideration or application for filings in the proceeding, the presenter background information the voice review, in the absence of a stay of the may provide citations to such data or service provider deems useful to the action of the Bureau or the Commission. arguments in his or her prior comments, Commission’s review; and (3) the We seek comment on this proposal. memoranda, or other filings (specifying question presented for review, with Given the novelty and potential the relevant page or paragraph numbers reference, where appropriate, to any complexity of revocation appeals, at this where such data or arguments can be underlying Commission rule or time we do not propose to impose a found) in lieu of summarizing them in Governance Authority policy. These time limit on Bureau or Commission the memorandum. Documents shown or three criteria closely track our universal review, and we seek comment on this given to Commission staff during ex service rules. In contrast to our preliminary view. parte meetings are deemed to be written universal service rules, however, we 15. We propose that the standard of ex parte presentations and must be filed propose not to require that requests for review by either the Bureau or the consistent with Rule 1.1206(b). In review include a statement of the relief Commission be de novo. Do commenters proceedings governed by Rule 1.49(f) or sought because we assume that the relief agree? We also seek comment on the for which the Commission has made sought will always be the reversal of the rules or other sources of law the Bureau available a method of electronic filing, Governance Authority’s revocation or the Commission should apply when written ex parte presentations and decision. We seek comment on these reviewing a revocation. Should we memoranda summarizing oral ex parte proposed filing requirements and on incorporate by reference the policies presentations, and all attachments what other information we should established by the Governance thereto, must be filed through the require a voice service provider include Authority regarding token revocation electronic comment filing system in a request for review. And we propose and determine whether the Governance available for that proceeding, and must to require that a copy of the request for Authority applied those policies be filed in their native format (e.g., .doc, review be sent to the Governance correctly to the facts of a given appeal? .xml, .ppt, searchable .pdf). Participants Authority via [email protected] or another Alternatively, do commenters believe in this proceeding should familiarize method specified in the Governance we should limit our review merely to themselves with the Commission’s ex Authority’s Operating Procedures. We specific types of procedural or obvious parte rules. further propose to require the error in the Governance Authority’s 18. Initial Regulatory Flexibility Governance Authority, upon receipt of a process? Analysis. As required by the Regulatory copy of a voice service provider’s 16. To establish this process, we Flexibility Act of 1980, as amended request for review, to send to the Bureau propose relying on the authority (RFA), the Commission has prepared

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this Initial Regulatory Flexibility C. Description and Estimate of the such a business is small if it has 1,500 Analysis (IRFA) of the possible Number of Small Entities to Which the or fewer employees. U.S. Census Bureau significant economic impact on small Proposed Rules Will Apply data for 2012 show that there were 3,117 entities by the policies and rules 21. The RFA directs agencies to firms that operated for the entire year. proposed in this Second Further Notice provide a description of and, where Of that total, 3,083 operated with fewer of Proposed Rulemaking (Second feasible, an estimate of the number of than 1,000 employees. Thus under this Further Notice). The Commission small entities that may be affected by category and the associated size requests written public comments on the proposed rules and by the rule standard, the Commission estimates that this IRFA. Comments must be identified revisions on which the Notice seeks the majority of local exchange carriers are small entities. as responses to the IRFA and must be comment, if adopted. The RFA generally 24. Incumbent LECs. Neither the defines the term ‘‘small entity’’ as filed by the deadlines for comments Commission nor the SBA has developed provided on the first page of the Second having the same meaning as the terms a small business size standard Further Notice. The Commission will ‘‘small business,’’ ‘‘small organization,’’ specifically for incumbent local send a copy of the Second Further and ‘‘small governmental jurisdiction.’’ exchange services. The closest Notice, including this IRFA, to the Chief In addition, the term ‘‘small business’’ applicable NAICS Code category is Counsel for Advocacy of the Small has the same meaning as the term Wired Telecommunications Carriers. Business Administration (SBA). In ‘‘small-business concern’’ under the Under the applicable SBA size standard, addition, the Second Further Notice and Small Business Act. A ‘‘small-business such a business is small if it has 1,500 IRFA (or summaries thereof) will be concern’’ is one which: (1) Is or fewer employees. U.S. Census Bureau published in the Federal Register. independently owned and operated; (2) data for 2012 indicate that 3,117 firms is not dominant in its field of operation; operated the entire year. Of this total, A. Need for, and Objectives of, the and (3) satisfies any additional criteria 3,083 operated with fewer than 1,000 Proposed Rules established by the SBA. employees. Consequently, the 19. The Second Further Notice 1. Wireline Carriers Commission estimates that most providers of incumbent local exchange proposes measures as part of the 22. Wired Telecommunications service are small businesses that may be Commission’s efforts to combat illegal Carriers. The U.S. Census Bureau affected by our actions. According to spoofed robocalls. Specifically, the defines this industry as ‘‘establishments Commission data, one thousand three Second Further Notice proposes to primarily engaged in operating and/or hundred and seven (1,307) Incumbent establish an oversight role for the providing access to transmission Local Exchange Carriers reported that Commission of the STIR/SHAKEN facilities and infrastructure that they they were incumbent local exchange governance system’s token revocation own and/or lease for the transmission of service providers. Of this total, an process. Under the proposal, any voice voice, data, text, sound, and video using estimated 1,006 have 1,500 or fewer service provider that has its Service wired communications networks. employees. Thus, using the SBA’s size Provider Code token revoked may seek Transmission facilities may be based on standard the majority of incumbent review of this decision by the a single technology or a combination of LECs can be considered small entities. Commission through set procedures. technologies. Establishments in this 25. Competitive Local Exchange The proposal in the Second Further industry use the wired Carriers (Competitive LECs), Notice will help promote effective caller telecommunications network facilities Competitive Access Providers (CAPs), that they operate to provide a variety of ID authentication through STIR/ Shared-Tenant Service Providers, and services, such as wired telephony SHAKEN. Other Local Service Providers. Neither services, including VoIP services, wired the Commission nor the SBA has B. Legal Basis (cable) audio and video programming developed a small business size distribution, and wired broadband standard specifically for these service 20. The Second Further Notice internet services. By exception, providers. The appropriate NAICS Code proposes to find authority for these establishments providing satellite category is Wired Telecommunications proposed rules under TRACED Act. television distribution services using Carriers and under that size standard, Section 4(b)(1) of the TRACED Act facilities and infrastructure that they such a business is small if it has 1,500 provided authority to require the operate are included in this industry.’’ or fewer employees. U.S. Census Bureau implementation of the STIR/SHAKEN The SBA has developed a small data for 2012 indicate that 3,117 firms framework. We preliminarily believe business size standard for Wired operated during that year. Of that that to effectively direct the Telecommunications Carriers, which number, 3,083 operated with fewer than implementation of STIR/SHAKEN consists of all such companies having 1,000 employees. Based on these data, consistent with the TRACED Act, the 1,500 or fewer employees. U.S. Census the Commission concludes that the Commission must have a role in Bureau data for 2012 show that there majority of Competitive LECS, CAPs, decisions to revoke Service Provider were 3,117 firms that operated that year. Shared-Tenant Service Providers, and Code tokens because the result of such Of this total, 3,083 operated with fewer Other Local Service Providers, are small a decision could place the service than 1,000 employees. Thus, under this entities. According to Commission data, provider in noncompliance with our size standard, the majority of firms in 1,442 carriers reported that they were rules. The Second Further Notice seeks this industry can be considered small. engaged in the provision of either 23. Local Exchange Carriers (LECs). comment on whether we have competitive local exchange services or Neither the Commission nor the SBA competitive access provider services. Of independent authority under section has developed a size standard for small these 1,442 carriers, an estimated 1,256 251(e) of the Communications Act of businesses specifically applicable to have 1,500 or fewer employees. In 1934, as amended (the Act), under the local exchange services. The closest addition, 17 carriers have reported that Truth in Caller ID Act, or any other applicable NAICS Code category is they are Shared-Tenant Service sources of authority. Wired Telecommunications Carriers. Providers, and all 17 are estimated to Under the applicable SBA size standard, have 1,500 or fewer employees. Also, 72

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carriers have reported that they are subscribers in the United States. 31. Satellite Telecommunications. Other Local Service Providers. Of this Accordingly, an operator serving fewer This category comprises firms total, 70 have 1,500 or fewer employees. than 505,046 subscribers shall be ‘‘primarily engaged in providing Consequently, based on internally deemed a small operator if its annual telecommunications services to other researched FCC data, the Commission revenues, when combined with the total establishments in the estimates that most providers of annual revenues of all its affiliates, do telecommunications and broadcasting competitive local exchange service, not exceed $250 million in the industries by forwarding and receiving competitive access providers, Shared- aggregate. We note that the Commission communications signals via a system of Tenant Service Providers, and Other neither requests nor collects information satellites or reselling satellite Local Service Providers are small on whether cable system operators are telecommunications.’’ Satellite entities. affiliated with entities whose gross telecommunications service providers 26. We have included small annual revenues exceed $250 million. include satellite and earth station incumbent LECs in this present RFA Therefore we are unable at this time to operators. The category has a small analysis. As noted above, a ‘‘small estimate with greater precision the business size standard of $35 million or business’’ under the RFA is one that, number of cable system operators that less in average annual receipts, under inter alia, meets the pertinent small- would qualify as small cable operators SBA rules. For this category, U.S. business size standard (e.g., a telephone under the definition in the Census Bureau data for 2012 show that communications business having 1,500 Communications Act. there were a total of 333 firms that or fewer employees) and ‘‘is not operated for the entire year. Of this dominant in its field of operation.’’ The 2. Wireless Carriers total, 299 firms had annual receipts of SBA’s Office of Advocacy contends that, 29. Wireless Telecommunications less than $25 million. Consequently, we for RFA purposes, small incumbent Carriers (except Satellite). This industry estimate that the majority of satellite LECs are not dominant in their field of comprises establishments engaged in telecommunications providers are small operation because any such dominance operating and maintaining switching entities. is not ‘‘national’’ in scope. We have and transmission facilities to provide 3. Resellers therefore included small incumbent communications via the airwaves. 32. Local Resellers. The SBA has not LECs in this RFA analysis, although we Establishments in this industry have developed a small business size emphasize that this RFA action has no spectrum licenses and provide services standard specifically for Local Resellers. effect on Commission analyses and using that spectrum, such as cellular The SBA category of determinations in other, non-RFA services, paging services, wireless Telecommunications Resellers is the contexts. internet access, and wireless video 27. Interexchange Carriers (IXCs). closest NAICs code category for local services. The appropriate size standard Neither the Commission nor the SBA resellers. The Telecommunications under SBA rules is that such a business has developed a small business size Resellers industry comprises is small if it has 1,500 or fewer standard specifically for Interexchange establishments engaged in purchasing employees. For this industry, U.S. Carriers. The closest applicable NAICS access and network capacity from Census Bureau data for 2012 show that Code category is Wired owners and operators of Telecommunications Carriers. The there were 967 firms that operated for telecommunications networks and applicable size standard under SBA the entire year. Of this total, 955 firms reselling wired and wireless rules is that such a business is small if employed fewer than 1,000 employees telecommunications services (except it has 1,500 or fewer employees. U.S. and 12 firms employed of 1,000 satellite) to businesses and households. Census Bureau data for 2012 indicate employees or more. Thus under this Establishments in this industry resell that 3,117 firms operated for the entire category and the associated size telecommunications; they do not year. Of that number, 3,083 operated standard, the Commission estimates that operate transmission facilities and with fewer than 1,000 employees. the majority of wireless infrastructure. Mobile virtual network According to internally developed telecommunications carriers (except operators (MVNOs) are included in this Commission data, 359 companies satellite) are small entities. industry. Under the SBA’s size reported that their primary 30. The Commission’s own data— standard, such a business is small if it telecommunications service activity was available in its Universal Licensing has 1,500 or fewer employees. U.S. the provision of interexchange services. System—indicate that, as of August 31, Census Bureau data from 2012 show Of this total, an estimated 317 have 2018 there are 265 Cellular licensees that 1,341 firms provided resale services 1,500 or fewer employees. that will be affected by our actions. The during that year. Of that number, all Consequently, the Commission Commission does not know how many operated with fewer than 1,000 estimates that the majority of of these licensees are small, as the employees. Thus, under this category interexchange service providers are Commission does not collect that and the associated small business size small entities. information for these types of entities. standard, the majority of these resellers 28. Cable System Operators (Telecom Similarly, according to internally can be considered small entities. Act Standard). The Communications developed Commission data, 413 According to Commission data, 213 Act of 1934, as amended, also contains carriers reported that they were engaged carriers have reported that they are a size standard for small cable system in the provision of wireless telephony, engaged in the provision of local resale operators, which is ‘‘a cable operator including cellular service, Personal services. Of these, an estimated 211 that, directly or through an affiliate, Communications Service (PCS), and have 1,500 or fewer employees and two serves in the aggregate fewer than one Specialized Mobile Radio (SMR) have more than 1,500 employees. percent of all subscribers in the United Telephony services. Of this total, an Consequently, the Commission States and is not affiliated with any estimated 261 have 1,500 or fewer estimates that the majority of local entity or entities whose gross annual employees, and 152 have more than resellers are small entities. revenues in the aggregate exceed 1,500 employees. Thus, using available 33. Toll Resellers. The Commission $250,000,000.’’ As of 2018, there were data, we estimate that the majority of has not developed a definition for Toll approximately 50,504,624 cable video wireless firms can be considered small. Resellers. The closest NAICS Code

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Category is Telecommunications data, 193 carriers have reported that (3) the use of performance rather than Resellers. The Telecommunications they are engaged in the provision of design standards; and (4) an exemption Resellers industry comprises prepaid calling cards. All 193 carriers from coverage of the rule, or any part establishments engaged in purchasing have 1,500 or fewer employees. thereof, for such small entities. access and network capacity from Consequently, the Commission 38. The Second Further Notice invites owners and operators of estimates that the majority of prepaid comment on the proposal to establish an telecommunications networks and calling card providers are small entities oversight role for the Commission reselling wired and wireless that may be affected by these rules. within the STIR/SHAKEN governance telecommunications services (except 4. Other Entities system’s token revocation process. The satellite) to businesses and households. Second Further Notice proposes specific 35. All Other Telecommunications. Establishments in this industry resell processes for the appeals process and The ‘‘All Other Telecommunications’’ telecommunications; they do not seeks comment on alternatives to these category is comprised of establishments operate transmission facilities and proposed processes. infrastructure. MVNOs are included in primarily engaged in providing this industry. The SBA has developed a specialized telecommunications F. Federal Rules That May Duplicate, small business size standard for the services, such as satellite tracking, Overlap, or Conflict With the Proposed category of Telecommunications communications telemetry, and radar Rules station operation. This industry also Resellers. Under that size standard, such 39. None. a business is small if it has 1,500 or includes establishments primarily 40. Paperwork Reduction Act. This fewer employees. 2012 Census Bureau engaged in providing satellite terminal document contains proposed new data show that 1,341 firms provided stations and associated facilities information collection requirements. resale services during that year. Of that connected with one or more terrestrial The Commission, as part of its number, 1,341 operated with fewer than systems and capable of transmitting continuing effort to reduce paperwork 1,000 employees. Thus, under this telecommunications to, and receiving burdens, invites the general public and category and the associated small telecommunications from, satellite the Office of Management and Budget business size standard, the majority of systems. Establishments providing (OMB) to comment on the information these resellers can be considered small internet services or voice over internet collection requirements contained in entities. According to Commission data, protocol (VoIP) services via client- this document, as required by the 881 carriers have reported that they are supplied telecommunications Paperwork Reduction Act of 1995, engaged in the provision of toll resale connections are also included in this Public Law 104–13. In addition, services. Of this total, an estimated 857 industry. The SBA has developed a pursuant to the Small Business have 1,500 or fewer employees. small business size standard for ‘‘All Paperwork Relief Act of 2002, Public Consequently, the Commission Other Telecommunications’’, which Law 107–198, see 44 U.S.C. 3506(c)(4), estimates that the majority of toll consists of all such firms with annual we seek specific comment on how we resellers are small entities. receipts of $35 million or less. For this category, U.S. Census Bureau data for might further reduce the information 34. Prepaid Calling Card Providers. 2012 show that there were 1,442 firms collection burden for small business Neither the Commission nor the SBA that operated for the entire year. Of concerns with fewer than 25 employees. has developed a small business those firms, a total of 1,400 had annual definition specifically for prepaid 41. Contact person. For further receipts less than $25 million and 15 information about this proceeding, calling card providers. The most firms had annual receipts of $25 million appropriate NAICS code-based category please contact Connor Ferraro, FCC to $49,999,999. Thus, the Commission Wireline Competition Bureau, for defining prepaid calling card estimates that the majority of ‘‘All Other providers is Telecommunications Competition Policy Division at (202) Telecommunications’’ firms potentially 418–1322 or [email protected]. Resellers. This industry comprises affected by our action can be considered establishments engaged in purchasing small. V. Ordering Clauses access and network capacity from owners and operators of D. Description of Projected Reporting, 42. It is ordered, pursuant to sections telecommunications networks and Recordkeeping, and Other Compliance 4(i), 4(j), 201, 227(e), 227b, 251(e), and reselling wired and wireless Requirements for Small Entities 303(r), of the Act, 47 U.S.C. 154(i), 154(j), 201, 227(e), 227b, 251(e), and telecommunications services (except 36. None. satellite) to businesses and households. 303(r), that that this Second Further Establishments in this industry resell E. Steps Taken To Minimize the Notice of Proposed Rulemaking is telecommunications; they do not Significant Economic Impact on Small adopted. operate transmission facilities and Entities, and Significant Alternatives 43. It is further ordered that the infrastructure. Mobile virtual networks Considered Commission’s Consumer and operators (MVNOs) are included in this 37. The RFA requires an agency to Governmental Affairs Bureau, Reference industry. Under the applicable SBA size describe any significant alternatives that Information Center, shall send a copy of standard, such a business is small if it it has considered in reaching its this Second Further Notice of Proposed has 1,500 or fewer employees. U.S. proposed approach, which may include Rulemaking, including the Initial Census Bureau data for 2012 show that the following four alternatives (among Regulatory Flexibility Analysis, to the 1,341 firms provided resale services others): (1) The establishment of Chief Counsel for Advocacy of the Small during that year. Of that number, 1,341 differing compliance or reporting Business Administration. operated with fewer than 1,000 requirements or timetables that take into List of Subjects in 47 CFR Part 64 employees. Thus, under this category account the resources available to small and the associated small business size entities; (2) the clarification, Carrier equipment, Communications standard, the majority of these prepaid consolidation, or simplification of common carriers, Reporting and calling card providers can be considered compliance and reporting requirements recordkeeping requirements, small entities. According to Commission under the rules for such small entities; Telecommunications, Telephone.

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Federal Communications Commission. (ii) A full statement of relevant, section, has upheld or otherwise Marlene Dortch, material facts with supporting affidavits decided not to overturn the Governance Secretary. and documentation, including any Authority’s decision. background information the (2) In accordance with §§ 1.102(b) and Proposed Rules intermediate provider or voice service 1.106(n), the effective date of any action For the reasons discussed in the provider deems useful to the pursuant to paragraph (d) of this section preamble, the Federal Communications Commission’s review; and shall not be stayed absent order by the Commission proposes to amend 47 CFR (iii) The question presented for Wireline Competition Bureau or the part 64 as follows: review, with reference, where Commission. appropriate, to any underlying [FR Doc. 2021–03043 Filed 2–16–21; 8:45 am] PART 64—MISCELLANEOUS RULES Commission rule or Governance RELATING TO COMMON CARRIERS Authority policy. BILLING CODE 6712–01–P (3) A copy of a request for review that ■ 1. Amend subpart HH by adding is submitted to the Commission shall be § 64.6308 to read as follows: served on the Governance Authority via DEPARTMENT OF COMMERCE § 64.6308 Review of Governance Authority [email protected] or in accordance with decision to revoke an SPC token. any alternative delivery mechanism the National Oceanic and Atmospheric (a) Parties permitted to seek review of Governance Authority may establish in Administration Governance Authority decision. (1) Any its operating procedures. intermediate provider or voice service (d) Review by the Wireline 50 CFR Part 648 provider aggrieved by a Governance Competition Bureau or the Commission. Authority decision to revoke that (1) Requests for review of a Governance Authority decision to revoke an [Docket No. 210208–0016; RTID 0648– intermediate provider or voice service XX065] provider’s Service Provider Code (SPC) intermediate provider or voice service token, must seek review from the provider’s SPC token that are submitted Fisheries of the Northeastern United Governance Authority and complete the to the Commission shall be considered States; Atlantic Surfclam and Ocean appeals process established by the and acted upon by the Wireline Quahog Fisheries; Proposed 2021– Governance Authority prior to seeking Competition Bureau, which shall issue 2026 Fishing Quotas Commission review. a written decision; provided, however, (2) Any intermediate provider or that requests for review that raise novel AGENCY: National Marine Fisheries voice service provider aggrieved by an questions of fact, law, or policy shall be Service (NMFS), National Oceanic and action to revoke its SPC token taken by considered by the full Commission. Atmospheric Administration (NOAA), the Governance Authority, after (2) An affected party may seek review Commerce. exhausting the appeals process provided of a decision issued under delegated ACTION: Proposed rule; request for by the Governance Authority, may then authority by the Wireline Competition comments. seek review from the Commission, as set Bureau pursuant to the rules set forth in forth in this section. § 1.115. SUMMARY: NMFS proposes status quo (b) Filing deadlines. (1) An (e) Standard of review. (1) The commercial quotas for the Atlantic intermediate provider or voice service Wireline Competition Bureau shall surfclam and ocean quahog fisheries for provider requesting Commission review conduct de novo review of Governance 2021 and projected status quo quotas for of a Governance Authority decision to Authority decisions to revoke an 2022–2026. This action is necessary to revoke that intermediate provider or intermediate provider or voice service establish allowable harvest levels of voice service provider’s SPC token by provider’s SPC token. Atlantic surfclams and ocean quahogs the Commission, shall file such a (2) The Commission shall conduct de that will prevent overfishing and allow request electronically in the designated novo review of Governance Authority harvesting of optimum yield. This Electronic Comment Filing System decisions to revoke an intermediate action would also continue to suspend (ECFS) inbox within sixty days from the provider or voice service provider’s SPC the minimum shell size for Atlantic date the Governance Authority issues its token that involve novel questions of surfclams for the 2021 fishing year. The final decision. fact, law, or policy; provided, however, intended effect of this action is to (2) Parties shall adhere to the time that the Commission shall not conduct provide benefit to the industry from periods for filing oppositions and de novo review of decisions issued by stable quotas to maintain a consistent replies set forth in § 1.45. the Wireline Competition Bureau under market. (c) Filing requirements. (1) A request delegated authority. for review of a Governance Authority (f) Status during pendency of a DATES: Comments must be received by decision to revoke an intermediate request for review and a Governance March 4, 2021. provider or voice service provider’s SPC Authority decision. (1) When an ADDRESSES: An Environmental token by the Commission shall be filed intermediate provider or voice service Assessment (EA) was prepared for the electronically in the designated ECFS provider has sought timely Commission surfclam and ocean quahog inbox. The request for review shall be review of a Governance Authority specifications. Copies of the EA are captioned ‘‘In the matter of Request for decision to revoke an intermediate available on request from Dr. Review by (name of party seeking provider or voice service provider’s SPC Christopher M. Moore, Executive review) of Decision of the Governance token under this section, the Director, Mid-Atlantic Fishery Authority to Revoke an SPC Token.’’ intermediate provider or voice service Management Council, Suite 201, 800 (2) A request for review shall contain: provider shall not be considered to be North State Street, Dover, DE 19901. (i) A statement setting forth the in violation of the Commission’s call These documents are also accessible via intermediate provider or voice service authentication rules under § 64.6301 the internet at http://www.mafmc.org. provider’s asserted basis for appealing until and unless the Wireline You may submit comments on this the Governance Authority’s decision to Competition Bureau or the Commission, document, identified by NOAA–NMFS– revoke the SPC token; pursuant to paragraph (d)(1) of this 2020–0152, by the following method:

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Electronic Submission: Submit all Council that the catch limit allow for The Council recommended that electronic public comments via the sustainable fishing to continue at that specifications be set for 2021 and Federal e-Rulemaking Portal. level for at least 10 years for surfclams, proposed for years 2022–2026 to create 1. Go to www.regulations.gov/ and 30 years for ocean quahogs. The administrative efficiencies as a result of #!docketDetail;D=NOAA-NMFS-2020- Council policy also considers the the new stock assessment process, 0152, economic impact of the quotas. which is expected to assess surfclam 2. Click the ‘‘Comment Now!’’ icon, Regulations implementing Amendment and ocean quahog on a 4 and 6 year complete the required fields, and 10 to the FMP (63 FR 27481; May 19, cycle, respectively. 3. Enter or attach your comments. 1998) added Maine ocean quahogs The regulations at 50 CFR 648.72(a) Instructions: Comments sent by any (locally known as Maine mahogany allow for setting of sections for up to 3 other method, to any other address or quahogs) to the management unit and years. Through this action, we would individual, or received after the end of provided for a small artisanal fishery for only set 2021 specifications and include the comment period, may not be ocean quahogs in the waters north of the projected specifications for 2022– considered by NMFS. All comments 43°50′ N lat. The Maine ocean quahog 2026 to inform the public. The Council received are part of the public record quota is allocated separately from the approved a regulatory change in the and will generally be posted for public quota for the ocean quahog fishery. Excessive Shares Amendment that viewing on www.regulations.gov Regulations implementing Amendment without change. All personal identifying 13 to the FMP (68 FR 69970; December would allow us to set specifications for information (e.g., name, address, etc.), 16, 2003) established the ability to the maximum number of years needed confidential business information, or propose multi-year quotas with an to be consistent with the Northeast otherwise sensitive information annual quota review to be conducted by Region Coordinating Council-approved submitted voluntarily by the sender will the Council to determine if the multi- stock assessment schedule, which be publicly accessible. NMFS will year quota specifications remain currently anticipates assessments for accept anonymous comments (enter ‘‘N/ appropriate for each year. NMFS then both stocks every 6 years. Although the A’’ in the required fields if you wish to publishes the annual final quotas in the FMP currently authorizes specifications remain anonymous). If you are unable to Federal Register. The fishing quotas to be set for multiple years, we are still submit your comment through must ensure overfishing will not occur. required to publish a final rule each www.regulations.gov, contact Laura In recommending these quotas, the year to formally set the specifications Hansen, Fishery Management Specialist. Council considered the most recent for the coming year. We expect the FOR FURTHER INFORMATION CONTACT: stock assessments, conducted in June timing change in the Amendment will Laura Hansen, Fishery Management 2020, and other relevant scientific be implemented within the next year, Specialist, 978–281–9225. information. well before years 4 and 5 (fishing years SUPPLEMENTARY INFORMATION: The In August 2020, the Council voted to 2025 and 2026) are finalized. However, Atlantic Surfclam and Ocean Quahog maintain status quo quota levels of 5.36 if for some reason the Amendment is Fishery Management Plan (FMP) million bushels (bu); 285 million Liters not approved, the Council would adopt requires that NMFS, in consultation (L) for the ocean quahog fishery, 3.40 new specifications for 2025 and 2026. with the Mid-Atlantic Fishery million bu (181 million L) for the The proposed and projected quotas Management Council, set quotas for Atlantic surfclam fishery, and 100,000 for the 2021–2026 Atlantic surfclam and surfclam and ocean quahog for up to a Maine bu (3.52 million L) for the Maine ocean quahog fishery are shown in 3-year period. It is the policy of the ocean quahog fishery for 2021–2026. Tables 1 and 2.

TABLE 1—PROPOSED ATLANTIC SURFCLAM MEASURES 2021–2026 [2022–2026 Projected]

Allowable biological Annual catch Annual catch Year catch limit target Commercial quota (ABC) (ACL) (ACT) (mt) (mt) (mt)

Atlantic Surfclam

2021 ...... 47,919 47,919 29,363 3.4 million bushels (181 million L). 2022 ...... 44,522 44,522 29,363 3.4 million bushels (181 million L). 2023 ...... 42,237 42,237 29,363 3.4 million bushels (181 million L). 2024 ...... 40,946 40,946 29,363 3.4 million bushels (181 million L). 2025 ...... 40,345 40,345 29,363 3.4 million bushels (181 million L). 2026 ...... 40,264 40,264 29,363 3.4 million bushels (181 million L).

TABLE 2—PROPOSED OCEAN QUAHOG MEASURES 2021–2026 [2022–2026 Projected]

Allowable biological Annual catch Annual catch Year catch limit target Commercial quota (ABC) (ACL) (ACT) (mt) (mt) (mt)

2021 ...... 44,031 44,031 25,924 Maine quota: 100,000 Maine bu (3.52 million L); Non-Maine quota: 5.36 mil- lion bu (285 million L).

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TABLE 2—PROPOSED OCEAN QUAHOG MEASURES 2021–2026—Continued [2022–2026 Projected]

Allowable biological Annual catch Annual catch Year catch limit target Commercial quota (ABC) (ACL) (ACT) (mt) (mt) (mt)

2022 ...... 44,072 44,072 25,924 Maine quota: 100,000 Maine bu (3.52 million L); Non-Maine quota: 5.36 mil- lion bu (285 million L). 2023 ...... 44,082 44,082 25,924 Maine quota: 100,000 Maine bu (3.52 million L); Non-Maine quota: 5.36 mil- lion bu (285 million L). 2024 ...... 44,065 44,065 25,924 Maine quota: 100,000 Maine bu (3.52 million L); Non-Maine quota: 5.36 mil- lion bu (285 million L). 2025 ...... 44,020 44,020 25,924 Maine quota: 100,000 Maine bu (3.52 million L); Non-Maine quota: 5.36 mil- lion bu (285 million L). 2026 ...... 43,948 43,948 25,924 Maine quota: 100,000 Maine bu (3.52 million L); Non-Maine quota: 5.36 mil- lion bu (285 million L).

The Atlantic surfclam and ocean overfishing is not occurring. Consistent upcoming fishing year (January 1 quahog quotas are specified in with the Council recommendation, we through December 31, 2021). ‘‘industry’’ bushels of 1.88 cube feet (ft3) are proposing the following for ocean Classification (53.24 L) per bushel, while the Maine quahog. The proposed 2021–2026 non- ocean quahog quota is specified in Maine quota for ocean quahog is the Pursuant to section 304(b)(1)(A) of the Maine bushels of 1.24 ft3 (35.24 L) per status quo quota of 5.36 million bu (285 Magnuson-Stevens Act, the Assistant bushel. Because Maine ocean quahogs million L). The 2021–2026 proposed Administrator for Fisheries, NOAA, has are the same species as ocean quahogs, quota for Maine ocean quahogs is the determined that this proposed rule is both fisheries are assessed under the status quo level of 100,000 Maine bu consistent with the Atlantic Surfclam same overfishing definition. When the (3.52 million L), which represents the and Ocean Quahog FMP, other two quota amounts (ocean quahog and maximum allowable quota under the provisions of the Magnuson-Stevens Maine ocean quahog) are added, the FMP. Act, and other applicable law, subject to total allowable harvest is below the further consideration after public Surfclam Minimum Size level that would result in overfishing for comment. the entire stock. The 2021–2026 quotas In August 2020, the Council voted to This action is exempt from review are the same as those implemented in recommend that the minimum size limit under Executive Order 12866. The Chief Counsel for Regulation of the 2018–2020 specifications. for surfclams continue to be suspended the Department of Commerce certified for 2021. The minimum size limit has Surfclam to the Chief Counsel for Advocacy of the been suspended annually since 2005. Small Business Administration (SBA) The proposed 2021–2026 status quo Minimum size suspension may not be that this proposed rule, if adopted, surfclam quotas were developed after taken unless discard, catch, and would not have a significant economic reviewing the results of the management biological sampling data indicate that 30 impact on a substantial number of small track stock assessment for Atlantic percent or more of the Atlantic surfclam entities. The factual basis for this surfclam, conducted in June 2020. The resource have a shell length less than certification is as follows. surfclam quota recommendation is 4.75 inches (120 millimeters (mm)), and A complete description of the consistent with the assessment finding the overall reduced size is not specifications, why they are being that the Atlantic surfclam stock is not attributable to harvest from beds where considered, and the legal basis for overfished, and overfishing is not growth of the individual clams has been proposing and implementing occurring. Based on this information, reduced because of density-dependent specifications for the surfclam and the Council is recommending, and we factors. ocean quahog fisheries are contained in are proposing, to maintain the status Commercial surfclam data for 2020 the preamble to this proposed rule. quo surfclam quota of 3.40 million bu were analyzed to determine the The measures proposed by this action (181 million L) for 2021–2026. percentage of surfclams that were apply to surfclam and ocean quahog Ocean Quahog smaller than the minimum size allocation owners. These are the requirement. The analysis indicated that individuals or entities that received As with surfclams, the proposed 11 percent of the overall commercial initial individual transferable quota 2021–2026 status quo ocean quahog landings, to date, were composed of (ITQ) allocations (i.e., owners of record) quotas were developed after reviewing surfclams that were less than the 4.75- at the beginning of each fishing year. the results of the management track inch (120-mm) default minimum size. There were 64 allocation owners of stock assessment for ocean quahogs, Based on the information available, the record for surfclam and 33 for ocean conducted in June 2020. The ocean Regional Administrator concurs with quahog in 2019. quahog quota is consistent with the the Council’s recommendation, and is Of the 64 initial surfclam allocation assessment finding that the ocean proposing to suspend the minimum size owners of record for 2019, 19 were quahog stock is not overfished, and limit for Atlantic surfclams in the categorized as ‘‘Commercial Fishing,’’

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with 100 percent of them classified as Wholesalers,’’ two were classified as Maintaining the suspension of the small entities. Of the 9 allocation small entities (33 percent) and 4 were surfclam minimum shell length owners that were categorized as ‘‘Fish classified as large entities (67 percent). requirement would result in no change and Seafood Merchant Wholesalers,’’ 1 One allocation owner was categorized as when compared to 2017–2020. The was classified as a small entity (11 ‘‘Commercial Banking’’ and 1 minimum shell length requirement has percent) and 8 were classified as large categorized as ‘‘Credit Unions’’ with 100 been suspended each year since 2005. entities (89 percent). Eight allocations percent of them classified as large The proposed action would have no owners were categorized as entities. The SBA classification for the impact on the way the fishery operates, ‘‘Commercial Banking,’’ 1 was classified remaining allocations owners is and is not expected to as a small entity (12 percent), and 7 unknown. disproportionately affect small entities. classified as large entities (88 percent). The proposed quotas are status quo. As a result, an initial regulatory Six allocations were categorized as As a result, this action will have no ‘‘Credit Unions,’’ with 100 percent of impacts on the way the fishery operates. flexibility analysis is not required and them classified as large entities. There These measures are expected to provide none has been prepared. were also 5 allocations categorized as similar fishing opportunities when This proposed rule contains no ‘‘Sector 92’’ (Public Administration compared to earlier years. Additionally, information collection requirements sector); therefore, small business size the surfclam and ocean quahog under the Paperwork Reduction Act of standards are not applicable for these 5 fisheries, including the Maine quahog 1995. allocation owners. Lastly, the fishery, have harvested well below their Authority: 16 U.S.C. 1801 et seq. (SBA)classification for 17 surfclam respective quota allocations for several allocation owners was unknown. years. As such, revenue changes are not Dated: February 8, 2021. Of the 33 initial ocean quahog expected in 2021–2026 when compared Samuel D. Rauch III, allocation owners of record for 2019, 14 to landings and revenues in 2019. Deputy Assistant Administrator for were categorized as ‘‘Commercial Therefore, adoption of the proposed Regulatory Programs, National Marine Fishing,’’ with 100 percent of them specifications is not expected to have Fisheries Service. classified as small entities. Of the six impacts on entities participating in the [FR Doc. 2021–02984 Filed 2–16–21; 8:45 am] allocation owners that were categorized fishery if landings are similar to those BILLING CODE 3510–22–P as ‘‘Fish and Seafood Merchant that occurred in 2019.

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Notices Federal Register Vol. 86, No. 30

Wednesday, February 17, 2021

This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: Curt the functions of the agency, including contains documents other than rules or Alt, Director, Program Operations whether the information will have proposed rules that are applicable to the Division, Foreign Agricultural Service, practical utility; (b) the accuracy of the public. Notices of hearings and investigations, U.S. Department of Agriculture, Room agency’s estimate of the burden of the committee meetings, agency decisions and 6512, Washington, DC 20250–1034, proposed collection of information; (c) rulings, delegations of authority, filing of petitions and applications and agency telephone: (202) 690–4784, e–mail: ways to enhance the quality, utility, and statements of organization and functions are [email protected]. clarity of the information to be examples of documents appearing in this SUPPLEMENTARY INFORMATION: collected; and (d) ways to minimize the section. Title: USDA Emerging Markets burden of the collection of information Program. on those who are to respond, including OMB Number: 0551–0048. through the use of automated, DEPARTMENT OF AGRICULTURE Expiration Date of Approval: Three electronic, mechanical, or other years from approval date. technological collection techniques or Foreign Agricultural Service Type of Request: Extension of a other forms of information technology. currently approved information FAS is committed to complying with Notice of Request for Extension of collection. the E-Government Act of 2002 to Currently Approved Information Abstract: Under the USDA Emerging promote the use of the internet and Collection Markets Program, information will be other information technologies to AGENCY: Foreign Agricultural Service, gathered from applicants desiring to provide increased opportunities for USDA. receive grants under the program to citizen access to Government determine the viability of requests for information and services, and for other ACTION: Notice and request for purposes. comments. resources to implement activities in foreign countries. Recipients of grants Comments will be available for inspection online at http:// SUMMARY: In accordance with the under the program must submit www.regulations.gov and at the mail Paperwork Reduction Act of 1995, this performance and financial reports address listed above between 8:00 a.m. notice announces the intention of the throughout the implementation of the and 4:30 p.m., Monday through Friday, Foreign Agricultural Service to request project. Documents are used to develop except holidays. an extension for a currently approved effective grant agreements and assure Persons with disabilities who require information collection for the USDA’s that statutory requirements and program an alternative means for communication Emerging Markets Program. objectives are met. Estimate of Burden: The public of information (e.g., Braille, large print, DATES: Comments on this notice must be reporting burden for each respondent audiotape, etc.) should contact Colette received by April 19, 2021. resulting from information collection Ross (Human Resources, 202–720–8805) ADDRESSES: FAS invites interested under the USDA Emerging Markets or Jeffrey Galloway (Office of Civil persons to submit comments on this Program varies in direct relation to the Rights, 202–690–1399). notice. Comments may be submitted by number and type of agreements entered All comments received in response to one of the following methods: into by such respondent. The estimated this notice, including names and b Federal eRulemaking Portal: This average reporting burden for the USDA addresses when provided, will be a website provides the ability to type Emerging Markets Program is 6.4 hours matter of public record. Comments will short comments directly into the per response. be summarized and included in the comment filed or attach a file for Type of Respondents: U.S. private or submission for Office of Management lengthier comments. Go to http://www/ government entities such as private and Budget approval. regulations.gov. Follow the on-line organizations, agricultural cooperatives, Daniel Whitley, instructions at the site for submitting universities, state departments of Acting Administrator, Foreign Agricultural comments. agriculture, Federal Agencies, non– Service. b Mail, hand delivery, or courier: profit organizations and export trade [FR Doc. 2021–03164 Filed 2–16–21; 8:45 am] Curt Alt, U.S. Department of associations. BILLING CODE 3410–10–P Agriculture, Foreign Agricultural Estimated Number of Respondents: 50 Service, 1400 Independence Avenue per annum. SW, Room 6512, Mail Stop 1052, Estimated Number of Responses per DEPARTMENT OF AGRICULTURE Washington, DC 20250. Respondent: 5 per annum. b Email: [email protected]. Estimated Total Annual Burden of Foreign Agricultural Service Include OMB Control Number 0551– Respondents: 1,600 hours. 0048 in the subject line of the message. Copies of this information collection Notice of Request for Approval of a Instructions: All items submitted by can be obtained from Lauren Gerald, the New Information Collection mail or electronic mail must include the Agency Information Collection AGENCY: Foreign Agricultural Service, agency name. Comments received in Coordinator, at Lauren.Gerald@ USDA. response to this docket will be made usda.gov. ACTION: Notice and request for available for public inspection and Request for Comments: Send comments. posted without change, including any comments regarding (a) whether the personal information, to http:// proposed collection of information is SUMMARY: In accordance with the www.regulations.gov. necessary for the proper performance of Paperwork Reduction Act of 1995, this

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notice announces the intention of the Trade Shows Program varies in direct E-Government Act Compliance Foreign Agricultural Service to request relation to the number of events that FAS is committed to complying with approval for a new information each respondent participates in. the E-Government Act of 2002, to collection for the USDA’s Trade Trade Missions promote the use of the internet and Missions and Trade Shows Program. other information technologies to Type of Respondents: Private U.S. DATES: Comments on this notice must be provide increased opportunities for agribusinesses, U.S. agricultural received by April 19, 2021. citizen access to Government cooperatives, export trade associations. ADDRESSES: You may send comments, Estimated Number of Respondents: information and services, and for other identified by the OMB Control number 600 per annum. purposes. 0551–NEW, by any of the following Estimated Number of Responses per Persons with disabilities who require methods: an alternative means for communication b Federal eRulemaking Portal: http:// Respondent: 4 per annum. Estimated Total Annual Burden of of information (e.g., Braille, large print, www/regulations.gov. This portal Respondents: 600 hours per annum. audiotape, etc.) should contact Colette enables respondents to enter short Ross (Human Resources, 202–720–8805) comments or attach a file containing USDA-Endorsed Trade Shows or Jeffrey Galloway (Office of Civil lengthier comments. Type of Respondents: Government Rights, 202–690–1399). b Email: [email protected]. agencies, State Regional Trade Groups, Include OMB Control Number 0551– Daniel Whitley, State Departments of Agriculture, Acting Administrator, Foreign Agricultural NEW in the subject line of the message. private organizations/companies, b Mail, Courier, or Hand Delivery: Service. agricultural cooperatives, and export Ryan Brewster, U.S. Department of [FR Doc. 2021–03165 Filed 2–16–21; 8:45 am] trade associations. Agriculture, Foreign Agricultural BILLING CODE 3410–10–P Estimated Number of Respondents: Service, 1400 Independence Avenue 1,100. SW, Room 6085, Washington, DC 20250. Estimated Number of Responses per Instructions: All items submitted by Respondent: 1 per annum. CIVIL RIGHTS COMMISSION mail or electronic mail must include the Estimated Total Annual Burden of agency name. Comments received in Notice of Public Meetings of the Respondents: 330 hours. response to this docket will be made Missouri Advisory Committee available for public inspection and Virtual Trade Events posted without change, including any AGENCY: U.S. Commission on Civil Type of Respondents: private Rights. personal information, to http:// organizations, agricultural cooperatives, ACTION: Announcement of meeting. www.regulations.gov. and export trade associations. FOR FURTHER INFORMATION CONTACT: Estimated Number of Respondents: SUMMARY: Notice is hereby given, Ryan Brewster, Trade Missions and 600 per annum. pursuant to the provisions of the rules Shows Division, Foreign Agricultural Estimated Number of Responses per and regulations of the U.S. Commission Service, U.S. Department of Agriculture, Respondent: 3 per annum. on Civil Rights (Commission) and the Room 6085, Washington, DC 20250– Estimated Total Annual Burden of Federal Advisory Committee Act that 1034, email: [email protected]. Respondents: 600 hours per annum. the Missouri Advisory Committee SUPPLEMENTARY INFORMATION: Copies of this information collection (Committee) will hold a meeting via the Title: USDA Trade Missions and can be obtained from Lauren Gerald, the web platform WebEx on Wednesday, Trade Shows Program. Agency Information Collection February 24, 2021 at 12:00 p.m. Central OMB Number: 0551–NEW. Coordinator, at Lauren.Gerald@ Time. The purpose of the meeting is for Expiration Date of Approval: Three usda.gov. the committee to discuss civil rights years from approval date. Request for Comments: Send concerns in the state. Type of Request: New information comments regarding (a) whether the DATES: The meetings will be held on: collection. proposed collection of information is • Wednesday, February 24, 2021, at Abstract: Under the USDA Trade necessary for the proper performance of 12:00 p.m. Central Time https:// Missions and Trade Shows Program, the functions of the agency, including civilrights.webex.com/civilrights/ information will be gathered from whether the information will have j.php?MTID=m8a5ab2bb8 applicants desiring to participate in practical utility; (b) the accuracy of the 6f86c4a9cba59b4d2c36279 or Join by USDA sponsored trade missions, shows, agency’s estimate of the burden of the phone: 800–360–9505 USA Toll Free, and virtual trade events to determine proposed collection of information; (c) Access code: 1990 500 608. the eligibility of the applicants to take ways to enhance the quality, utility, and part in the event. Participants in USDA clarity of the information to be FOR FURTHER INFORMATION CONTACT: endorsed trade shows, trade missions, collected; and (d) ways to minimize the David Barreras, Designated Federal and virtual trade events under the burden of the collection of information Officer, at [email protected] or (202) program will be asked to voluntarily on those who are to respond, including 499–4066. submit written survey reports regarding through the use of automated, SUPPLEMENTARY INFORMATION: Members their satisfaction with the event and electronic, mechanical, or other of the public may listen to this actual and projected sales data as a technological collection techniques or discussion through the above call-in result of their participation in the other forms of information technology. number. An open comment period will program. Submitted information is used All comments received in response to be provided to allow members of the to develop effective programs and this notice, including names and public to make a statement as time assure that program objectives are met. addresses when provided, will be a allows. Callers can expect to incur Estimate of Burden: The public matter of public record. Comments will regular charges for calls they initiate reporting burden for each respondent be summarized and included in the over wireless lines, according to their resulting from information collection submission for Office of Management wireless plan. The Commission will not under the USDA Trade Missions and and Budget approval. refund any incurred charges.

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Individuals who are deaf, deafblind and • Tuesday, March 30, 2021 from 12:00 III. Discussion of Advisory Memo Draft hard of hearing may also follow the p.m.–1:00 p.m. Mountain Time IV. Public Comment proceedings by first calling the Federal • Tuesday, April 6, 2021 from 12:00 V. Adjournment Relay Service at 1–800–877–8339 and p.m.–1:00 p.m. Mountain Time • Dated: February 10, 2021. providing the Service with the Tuesday, April 13, 2021 from 12:00 David Mussatt, conference call number and conference p.m.–1:00 p.m. Mountain Time Supervisory Chief, Regional Programs Unit. ID number. • Monday, April 19, 2021 from 12:00 Members of the public are entitled to p.m.–1:00 p.m. Mountain Time [FR Doc. 2021–03112 Filed 2–16–21; 8:45 am] submit written comments; the BILLING CODE P Access Information comments must be received in the regional office within 30 days following Tuesday, March 30th at 12:00 p.m. the meeting. Written comments may be MT—Register at: https://tinyurl.com/ DEPARTMENT OF COMMERCE emailed to David Barreras at dbarreras@ ubf3ch8z usccr.gov. Tuesday, April 6th at 12:00 p.m. MT— Census Bureau Records generated from this meeting Register at: https://tinyurl.com/ Agency Information Collection may be inspected and reproduced at the 3qsjsfwm Activities; Submission to the Office of Regional Programs Unit Office, as they Tuesday, April 13th at 12:00 p.m. MT— Management and Budget (OMB) for become available, both before and after Register at: https://tinyurl.com/ Review and Approval; Comment the meeting. Records of the meeting will 1x8koo4j Request; Manufacturers’ Unfilled be available via www.facadatabase.gov Monday, April 19th at 12:00 p.m. MT— Orders Survey under the Commission on Civil Rights, Register at: https://tinyurl.com/ Missouri Advisory Committee link. yurmmbd3 AGENCY: Census Bureau, Commerce. Persons interested in the work of this FOR FURTHER INFORMATION CONTACT: ACTION: Notice of Information Committee are directed to the Brooke Peery, Designated Federal Collection, request for comment. Commission’s website, http:// Officer, (DFO) at [email protected] or by www.usccr.gov, or may contact the phone at (202) 701–1376. SUMMARY: The Department of Regional Programs Unit at the above Commerce, in accordance with the SUPPLEMENTARY INFORMATION: Persons email or street address. Paperwork Reduction Act (PRA) of with hearing impairments may also 1995, invites the general public and Agenda follow the proceedings by first calling other Federal agencies to comment on the Federal Relay Service at 1–800–877– I. Welcome & Roll Call proposed, and continuing information 8339 and providing the Service with the II. Chair’s Comments collections, which helps us assess the conference call number and conference III. Committee Discussion impact of our information collection ID number. IV. Next Steps requirements and minimize the public’s Members of the public are entitled to V. Public Comment reporting burden. The purpose of this make comments during the open period VI. Adjournment notice is to allow for 60 days of public at the end of the meeting. Members of Dated: February 10, 2021. comment on the proposed extension of the public may also submit written David Mussatt, the Manufacturers’ Unfilled Orders comments; the comments must be Survey, prior to the submission of the Supervisory Chief, Regional Programs Unit. received in the Regional Programs Unit information collection request (ICR) to [FR Doc. 2021–03111 Filed 2–16–21; 8:45 am] within 30 days following the meeting. OMB for approval. BILLING CODE P Written comments may be mailed to the Western Regional Office, U.S. DATES: To ensure consideration, Commission on Civil Rights, 300 North comments regarding this proposed CIVIL RIGHTS COMMISSION Los Angeles Street, Suite 2010, Los information collection must be received on or before April 19, 2021. Notice of Public Meeting of the Arizona Angeles, CA 90012. ADDRESSES: Interested persons are Advisory Committee Records and documents discussed during the meeting will be available for invited to submit written comments by AGENCY: U.S. Commission on Civil public viewing prior to and after the email to [email protected]. Rights. meetings at https:// Please reference the Manufacturers’ ACTION: Announcement of meetings. www.facadatabase.gov/FACA/ Unfilled Orders Survey in the subject FACAPublicViewCommitteeDetails?id= line of your comments. You may also SUMMARY: Notice is hereby given, a10t0000001gzl2AAA. submit comments, identified by Docket pursuant to the provisions of the rules Please click on the ‘‘Committee Number USBC–2021–0005, to the and regulations of the U.S. Commission Meetings’’ tab. Records generated from Federal e-Rulemaking Portal: http:// on Civil Rights (Commission) and the these meetings may also be inspected www.regulations.gov. All comments Federal Advisory Committee Act and reproduced at the Regional received are part of the public record. (FACA) that the Arizona Advisory Programs Unit, as they become No comments will be posted to http:// Committee (Committee) to the available, both before and after the www.regulations.gov for public viewing Commission will hold a series of meetings. Persons interested in the work until after the comment period has meetings via Webex on Tuesday, March of this Committee are directed to the closed. Comments will generally be 30, Tuesday, April 6, Tuesday, April 13, Commission’s website, https:// posted without change. All Personally and Monday, April 19, 2021 at 12:00 www.usccr.gov, or may contact the Identifiable Information (for example, p.m. Mountain Time for the purpose of Regional Programs Unit at the above name and address) voluntarily reviewing and discussing the email or street address. submitted by the commenter may be Committee’s advisory memorandum on publicly accessible. Do not submit COVID–19 Impacts on Native American Agenda Confidential Business Information or Communities. I. Welcome & Roll Call otherwise sensitive or protected DATES: The meetings will be held on: II. Approval of Minutes information. You may submit

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attachments to electronic comments in Census. Research is currently being methodology and assumptions used; (c) Microsoft Word, Excel, or Adobe PDF conducted on the feasibility of adding Evaluate ways to enhance the quality, file formats. M3UFO questions to the ASM for utility, and clarity of the information to FOR FURTHER INFORMATION CONTACT: Survey Year 2021 at the establishment be collected; and (d) Minimize the Requests for additional information or levels. A combination of phone and in- reporting burden on those who are to specific questions related to collection person cognitive interviews with up to respond, including the use of automated activities should be directed to Carol 40 respondents, over two rounds will collection techniques or other forms of Aristone, Assistant Division Chief, begin in October 2020 and will likely information technology. Manufacturing, Corporate Profits, and conclude by March 2021. Comments that you submit in Business Dynamics, 301–763–7062, There are no changes to the MA–3000 response to this notice are a matter of [email protected]. form, which is used to conduct the public record. We will include, or SUPPLEMENTARY INFORMATION: M3UFO survey. summarize, each comment in our request to OMB to approve this ICR. II. Method of Collection I. Abstract Before including your address, phone The data collected in the The Census Bureau will collect number, email address, or other Manufacturers’ Unfilled Orders information by internet and telephone personal identifying information in your (M3UFO) Survey will be used to follow-up. All respondents receive an comment, you should be aware that benchmark the new and unfilled orders initial letter with their authentication your entire comment—including your information published in the monthly code for registration and submission by personal identifying information—may Manufacturers’ Shipments, Inventories, internet. Companies are asked to be made publicly available at any time. and Orders (M3) Survey. The M3 Survey respond to the survey within 30 days of While you may ask us in your comment collects monthly data on the value of receipt. Letters encouraging to withhold your personal identifying shipments, inventories, and new and participation are mailed to companies information from public review, we unfilled orders from manufacturing that have not responded by the cannot guarantee that we will be able to companies. The orders, as well as the designated time. Telephone follow-up do so. and email reminders are conducted to shipments and inventory data, are Sheleen Dumas, valuable tools for analysts of business obtain response from delinquent companies. Department PRA Clearance Officer, Office of cycle conditions. The data are used by the Chief Information Officer, Commerce the Bureau of Economic Analysis, the III. Data Department. Council of Economic Advisers, the OMB Control Number: 0607–0561. [FR Doc. 2021–03177 Filed 2–16–21; 8:45 am] Federal Reserve Board, the Conference Form Number(s): MA–3000. BILLING CODE 3510–07–P Board, as well as businesses, trade Type of Review: Regular submission, associations, and the media. Request for an Extension, without The monthly M3 Survey estimates are Change, of a Currently Approved DEPARTMENT OF COMMERCE based on a panel of approximately 5,000 Collection. reporting units that represent Affected Public: Business or other for- Foreign-Trade Zones Board approximately 3,100 companies and profit organizations; Not-for-profit [S–26–2021] provide an indication of month-to- institutions. month change for the Manufacturing Estimated Number of Respondents: Foreign-Trade Zone 49—Newark, New Sector. These reporting units may be 6,000. Jersey; Application for Subzone; divisions of diversified large companies, Estimated Time per Response: .50 Celgene Corporation; Warren and large homogenous companies, or single- hour. Summit, New Jersey unit manufacturers. The M3 estimates Estimated Total Annual Burden are periodically benchmarked to Hours: 3,000. An application has been submitted to comprehensive data on the Estimated Total Annual Cost to the Foreign-Trade Zones (FTZ) Board by manufacturing sector from the Annual Public: $0. (This is not the cost of the Port Authority of New York and Survey of Manufactures (ASM), the respondents’ time, but the indirect costs New Jersey, grantee of FTZ 49, Economic Census (shipments and respondents may incur for such things requesting subzone status for the inventories) and the M3UFO Survey, as purchases of specialized software or facilities of Celgene Corporation which is the subject of this notice. To hardware needed to report, or (Celgene), located in Warren and obtain more accurate M3 estimates of expenditures for accounting or records Summit, New Jersey. The application unfilled orders, which are also used in maintenance services required was submitted pursuant to the deriving M3 estimates of new orders, we specifically by the collection.) provisions of the Foreign-Trade Zones conduct the M3UFO Survey annually to Respondent’s Obligation: Mandatory. Act, as amended (19 U.S.C. 81a–81u), be used as the source for benchmarking Legal Authority: Title 13 U.S.C. and the regulations of the FTZ Board (15 M3 unfilled orders data. Section 131 and 182. CFR part 400). It was formally docketed Additionally, the M3UFO data are on February 10, 2021. used to determine which North IV. Request for Comments The proposed subzone would consist American Industry Classification We are soliciting public comments to of the following sites: Site 1 (3.59 acres) System (NAICS) industries continue to permit the Department/Bureau to: (a) 7 Powder Horn Drive, Warren; and, Site maintain unfilled orders; this is done in Evaluate whether the proposed 2 (90.09 acres) 556 Morris Avenue, order to minimize burden on businesses information collection is necessary for Summit. No authorization for by only requesting unfilled orders as the proper functions of the Department, production activity has been requested part of the monthly M3 Survey for including whether the information will at this time. The proposed subzone industries that still maintain unfilled have practical utility; (b) Evaluate the would be subject to the existing orders. accuracy of our estimate of the time and activation limit of FTZ 49. Unfilled orders data are not currently cost burden for this proposed collection, In accordance with the FTZ Board’s collected in the ASM or the Economic including the validity of the regulations, Christopher Kemp of the

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FTZ Staff is designated examiner to DEPARTMENT OF COMMERCE complicated, and that additional time is review the application and make necessary to make a preliminary recommendations to the Executive International Trade Administration determination. Under 19 CFR Secretary. [A–831–804, A–351–856, A–523–815, A–821– 351.205(e), the petitioner must submit a Public comment is invited from 828, A–489–844] request for postponement 25 days or interested parties. Submissions shall be more before the scheduled date of the addressed to the FTZ Board’s Executive Certain Aluminum Foil From the preliminary determination and must Secretary and sent to: [email protected]. The Republic of Armenia, Brazil, the state the reasons for the request. closing period for their receipt is March Sultanate of Oman, the Russian Commerce will grant the request unless 29, 2021. Rebuttal comments in Federation, and the Republic of it finds compelling reasons to deny the response to material submitted during Turkey: Postponement of Preliminary request. the foregoing period may be submitted Determinations in the Less-Than-Fair- On February 4, 2021, the Aluminum during the subsequent 15-day period to Value Investigations Association Trade Enforcement Working 2 April 13, 2021. AGENCY: Enforcement and Compliance, Group (the petitioners) submitted a A copy of the application will be International Trade Administration, timely request that Commerce postpone available for public inspection in the Department of Commerce. the preliminary determinations in these LTFV investigations.3 The petitioners ‘‘Reading Room’’ section of the FTZ DATES: Applicable February 17, 2021. stated that they request postponement Board’s website, which is accessible via FOR FURTHER INFORMATION CONTACT: www.trade.gov/ftz. due to concerns that Commerce will Margaret Collins at (202) 482–6250 (the need more time to issue supplemental For further information, contact Republic of Armenia (Armenia)); George questionnaires to address deficiencies in Christopher Kemp at McMahon at (202) 482–1167 (Brazil); the respondents’ initial questionnaire [email protected]. Benjamin Smith at (202) 482–2181 (the responses. Under the current timeline, Dated: February 11, 2021. Sultanate of Oman (Oman)); Mike the petitioners believe that Commerce Heaney at (202) 482–4475 (the Russian Andrew McGilvray, will not have complete responses and Federation (Russia)); Bryan Hansen at Executive Secretary. sufficient information to issue these (202) 482–3683 (the Republic of Turkey preliminary determinations.4 [FR Doc. 2021–03144 Filed 2–16–21; 8:45 am] (Turkey)); AD/CVD Operations, For the reasons stated above, and BILLING CODE 3510–DS–P Enforcement and Compliance, International Trade Administration, because there are no compelling reasons U.S. Department of Commerce, 1401 to deny the request, Commerce, in DEPARTMENT OF COMMERCE Constitution Avenue NW, Washington, accordance with section 733(c)(1)(A) of DC 20230. the Act and 19 CFR 351.205(e), is Foreign-Trade Zones Board postponing the deadline for these SUPPLEMENTARY INFORMATION: preliminary determinations by 50 days [B–61–2020] Background (i.e., 190 days after the date on which these investigations were initiated). As On October 19, 2020, the Department a result, Commerce will issue its Foreign-Trade Zone (FTZ) 176— of Commerce (Commerce) initiated less- preliminary determinations no later Rockford, Illinois, Authorization of than-fair-value (LTFV) investigations of than April 27, 2021. In accordance with Production Activity, Tricida Inc. imports of certain aluminum foil from section 735(a)(1) of the Act and 19 CFR (Pharmaceutical Products), Rockford, Armenia, Brazil, Oman, Russia, and 351.210(b)(1), the deadline for the final Illinois Turkey.1 Currently, the preliminary determinations in these investigations determinations are due no later than will continue to be 75 days after the On October 14, 2020, PCI Pharma March 8, 2021. Services, an operator within FTZ 176 in date of the preliminary determinations, Rockford, Illinois, submitted a Postponement of Preliminary unless postponed at a later date. Determinations notification of proposed production Notification to Interested Parties activity to the FTZ Board on behalf of Section 733(b)(1)(A) of the Tariff Act Tricida Inc. of 1930, as amended (the Act), requires This notice is issued and published The notification was processed in Commerce to issue the preliminary pursuant to section 733(c)(2) of the Act accordance with the regulations of the determination in an LTFV investigation and 19 CFR 351.205(f)(1). FTZ Board (15 CFR part 400), including within 140 days of the date on which Dated: February 10, 2021. Commerce initiated the investigation. notice in the Federal Register inviting Christian Marsh, public comment (85 FR 66929, October However, section 733(c)(1) of the Act 21, 2020). On February 11, 2021, the permits Commerce to postpone the Acting Assistant Secretary for Enforcement and Compliance. applicant was notified of the FTZ preliminary determination until no later Board’s decision that no further review than 190 days after the date on which [FR Doc. 2021–03152 Filed 2–16–21; 8:45 am] of the activity is warranted at this time. Commerce initiated the investigation if: BILLING CODE 3510–DS–P The production activity described in the (A) The petitioner makes a timely notification was authorized, subject to request for a postponement; or (B) 2 The individual members of the Aluminum the FTZ Act and the FTZ Board’s Commerce concludes that the parties Association Trade Enforcement Working Group are: Granges Americas Inc.; JW Aluminum Company; regulations, including Section 400.14. concerned are cooperating, that the and Novelis Corporation. investigation is extraordinarily 3 Dated: February 11, 2021. See Petitioners’ Letter, ‘‘Certain Aluminum Foil from Armenia, Brazil, the Sultanate of Oman, the Andrew McGilvray, 1 See Certain Aluminum Foil from the Republic Russian Federation, and the Republic of Turkey: Executive Secretary. of Armenia, Brazil, the Sultanate of Oman, the Petitioners’ Request for Postponement of Russian Federation, and the Republic of Turkey: Preliminary Antidumping Determinations,’’ dated [FR Doc. 2021–03143 Filed 2–16–21; 8:45 am] Initiation of Less-Than-Fair-Value Investigations, 85 February 4, 2021. BILLING CODE 3510–DS–P FR 67711 (October 26, 2020). 4 Id.

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DEPARTMENT OF COMMERCE notified the Gulf of Mexico Fishery NMFS has further determined that Management Council of the requirement Pacific bluefin tuna continues to be both National Oceanic and Atmospheric to end and prevent overfishing on lane subject to overfishing and overfished. Administration snapper and the jacks complex. NMFS This determination is based on the most has notified the Gulf of Mexico Fishery recent assessment, conducted by the [RTID 0648–XA807] Management Council and the South International Scientific Committee for Determination of Overfishing or an Atlantic Fishery Management Council of Tuna and Tuna-like Species in the Overfished Condition the requirement to end and prevent North Pacific Ocean (ISC), completed in overfishing on cobia. 2020 using data through 2018. Applying AGENCY: National Marine Fisheries NMFS has determined that South domestic status determination criteria, Service (NMFS), National Oceanic and Atlantic golden tilefish is now subject to this stock is still subject to overfishing Atmospheric Administration (NOAA), overfishing. This stock was not assessed because the fishing mortality rate is Commerce. in 2020, and catch data from 2019 above its threshold, and is still ACTION: Notice. support a determination that this stock overfished because the spawning stock is subject to overfishing because the biomass is below its threshold. NMFS SUMMARY: This action serves as a notice catch was above the threshold. NMFS continues to work with the Pacific that NMFS, on behalf of the Secretary of has notified the South Atlantic Fishery Council to end overfishing and rebuild Commerce (Secretary), has found that Management Council of the requirement this stock. Gulf of Mexico cobia, Gulf of Mexico to end and prevent overfishing on this NMFS has determined that Saint lane snapper, the Gulf of Mexico jacks stock. Matthew Island blue king crab is still complex, South Atlantic golden tilefish, NMFS has determined that Western overfished. This determination is based and Western and Central Pacific Ocean and Central Pacific Ocean (WCPO) silky on the most recent assessment, silky shark are now subject to shark is now subject to overfishing. The completed in 2020 using data through overfishing; Sacramento River fall-run determination for silky shark is based 2020, which indicates that the stock is Chinook salmon, Klamath River fall-run on the most recent assessment, overfished because the biomass estimate Chinook salmon, Queets coho salmon, completed in 2018 using data through remains below its threshold. NMFS Juan de Fuca coho salmon, and Saint 2016, which indicates that the stock is continues to work with the North Matthew Island blue king crab are still subject to overfishing because the Pacific Fishery Management Council to overfished; and Pacific bluefin tuna is fishing mortality rate is above the rebuild this stock. still subject to overfishing and threshold. NMFS has determined that Dated: February 11, 2021. overfished. NMFS, on behalf of the section 304(i) of the Magnuson-Stevens Secretary, notifies the appropriate Act applies because the overfishing of Jennifer M. Wallace, regional fishery management council WCPO silky shark is due largely to Acting Director, Office of Sustainable (Council) whenever it determines that a excessive international fishing pressure. Fisheries, National Marine Fisheries Service. stock or stock complex is subject to NMFS has informed the Western Pacific [FR Doc. 2021–03147 Filed 2–16–21; 8:45 am] overfishing, overfished, or approaching Fishery Management Council of its BILLING CODE 3510–22–P an overfished condition. obligations for domestic and international management under FOR FURTHER INFORMATION CONTACT: Magnuson-Stevens Act section 304(i) to DEPARTMENT OF COMMERCE Kathryn Frens, (301)–427–8523. address domestic and international SUPPLEMENTARY INFORMATION: Pursuant impacts. National Oceanic and Atmospheric to section 304(e)(2) of the Magnuson- NMFS has determined that Administration Stevens Fishery Conservation and Sacramento River fall-run Chinook [RTID 0648–XA875] Management Act (Magnuson-Stevens salmon, Klamath River fall-run Chinook Act), 16 U.S.C. 1854(e)(2), NMFS, on salmon, Queets coho salmon, and Juan Western Pacific Fishery Management behalf of the Secretary, must notify de Fuca coho salmon are still Council; Public Meetings Councils, and publish a notice in the overfished. These determinations are Federal Register, whenever it based on the most recent assessments, AGENCY: National Marine Fisheries determines that a stock or stock completed in 2020 and using data from Service (NMFS), National Oceanic and complex is subject to overfishing, 2017–2019 for the two Chinook stocks, Atmospheric Administration (NOAA), overfished, or approaching an and data from 2016–2018 for the two Commerce. overfished condition. coho stocks. The assessments support ACTION: Notice of a public meeting. NMFS has determined that Gulf of determinations that all four stocks SUMMARY: The Western Pacific Fishery Mexico cobia, Gulf of Mexico lane remain overfished because the three- Management Council (Council) will snapper, and the Gulf of Mexico jacks year geometric mean of the annual hold a meeting of the Pacific Pelagic complex are now subject to overfishing. spawning escapement for each stock Fishery Ecosystem Plan (FEP) Plan The Gulf of Mexico cobia determination falls below its respective threshold. Of Team (PT) to discuss fishery is based on the most recent assessment, these four salmon stocks, only the two management issues and develop completed in 2020 and using data Chinook stocks are domestically recommendations to the Council for through 2018, which indicates that this managed. The Council has limited future management of pelagic fisheries stock is subject to overfishing because ability to control the two in the Western Pacific region. the fishing mortality rate was above the internationally-managed coho stocks in threshold. Gulf of Mexico lane snapper waters outside its jurisdiction. The DATES: The Pelagic PT will be held on and the Gulf jacks complex were not Pacific Fishery Management Council March 3–4, 2021. For specific times and assessed in 2020, and catch data from (Pacific Council) adopted rebuilding agendas, see SUPPLEMENTARY 2019 support a determination that these plans for all four overfished salmon INFORMATION. stocks are subject to overfishing because stocks in 2019. NMFS continues to work ADDRESSES: The meeting will be held by catch for each stock exceeded their with the Pacific Council to implement web conference. Audio and visual respective thresholds. NMFS has these plans. portions of the web conference can be

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accessed at: https://wprfmc.webex.com/ Requests for sign language Litigation, Office of Compliance and wprfmc/onstage/g.php?MTID=e53c7bd interpretation or other auxiliary aids Field Operations, Consumer Product fe796d5380156b9f81841ef272. Event should be directed to Kitty M. Simonds, Safety Commission, 4330 East-West number (if prompted): 177 544 7443. (808) 522–8220 (voice) or (808) 522– Highway, Bethesda, Maryland 20814– Event password (if prompted): 8226 (fax), at least 5 days prior to the 4408; [email protected]. PePT2021. Web conference access meeting date. SUPPLEMENTARY INFORMATION: The text of information will also be posted on the Authority: 16 U.S.C. 1801 et seq. the Agreement and Order appears Council’s website at below. www.wpcouncil.org. For assistance with Dated: February 11, 2021. Dated: February 11, 2021. the web conference connection, contact Tracey L. Thompson, the Council office at (808) 522–8220. Acting Deputy Director, Office of Sustainable Alberta E. Mills, Secretary. FOR FURTHER INFORMATION CONTACT: Fisheries, National Marine Fisheries Service. Kitty M. Simonds, Executive Director, [FR Doc. 2021–03193 Filed 2–16–21; 8:45 am] United States of America Western Pacific Fishery Management BILLING CODE 3510–22–P Consumer Product Safety Commission Council; telephone: (808) 522–8220. SUPPLEMENTARY INFORMATION: The In the Matter of: CYBEX Pelagic PT meeting will be held on CONSUMER PRODUCT SAFETY INTERNATIONAL, INC., CPSC Docket March 3–4, 2021, and run each day from COMMISSION No.: 21–C0001 1 p.m. to 5 p.m. Hawaii Standard Time [CPSC Docket No. 21–C0001] Settlement Agreement (HST) (12 p.m. to 4 p.m. Samoa 1. In accordance with the Consumer Standard Time (SST); 9 a.m. to 1 p.m. Cybex International, Inc., Provisional Product Safety Act, 15 U.S.C. on March 4–5, 2021, Chamorro Standard Acceptance of a Settlement Agreement 2051¥2089 (‘‘CPSA’’) and 16 CFR Time (ChST)). Public comment periods and Order 1118.20, Cybex International, Inc. will be provided in the agenda. The (‘‘Cybex’’), and the United States order in which agenda items are AGENCY: Consumer Product Safety Consumer Product Safety Commission addressed may change. The meetings Commission. (‘‘Commission’’), through its staff, will run as late as necessary to complete ACTION: Notice. hereby enter into this Settlement scheduled business. SUMMARY: It is the policy of the Agreement (‘‘Agreement’’). The Agenda for the Pelagic Plan Team Commission to publish settlements that Agreement and the incorporated Meeting it provisionally accepts under the attached Order resolve staff’s charges set forth below. Wednesday, March 3, 2021, 1 p.m. to 5 Consumer Product Safety Act in the p.m. HST (12 p.m. to 4 p.m. SST; Federal Register in accordance with the The Parties terms of the Consumer Product Safety Thursday, March 4, 2021, 9 a.m. to 1 2. The Commission is an independent p.m. ChST) Commission’s regulations. Published below is a provisionally-accepted federal regulatory agency, established 1. Welcome and Introductions Settlement Agreement with Cybex pursuant to, and responsible for, the 2. Approval of Agenda International, Inc., containing a civil enforcement of the CPSA, 15 U.S.C. 3. Oceanic Whitetip Working Group penalty in the amount of seven million, 2051–2089. By executing the Report Agreement, staff is acting on behalf of A. Monte Carlo Analyses of Longline nine hundred and fifty thousand dollars ($7,950,000), subject to the terms and the Commission, pursuant to 16 CFR Mitigation Measures 1118.20(b). The Commission issues the B. Working Group Report and Options conditions of the Settlement Agreement.1 Order under the provisions of the CPSA. Document to Address MSA 304(i) 3. Cybex is a corporation, organized DATES: Obligations Any interested person may ask and existing under the laws of the state 4. Regulatory Amendment for Removal the Commission not to accept this of New York, with its principal place of of Wire Leaders in Hawaii Deep-set agreement or otherwise comment on its business in Rosemont, Illinois. Longline Fishery contents by filing a written request with 5. Plan Team Discussion the Division of the Secretariat by March Staff Charges 6. Public Comment 4, 2021. 4. Between 1996 and 2008, Cybex Thursday, March 4, 2021, 1 p.m. to 5 ADDRESSES: Persons wishing to manufactured, distributed and offered p.m. HST (12 p.m. to 4 p.m. SST; comment on this Settlement Agreement for sale in the United States Friday, March 5, 2021, 9 a.m. to 1 p.m. should send written comments to approximately 4,800 Model VR2, ChST) Comment 21–C0001, Division of the VR2TA, Eagle, and VR3 Arm Curl Secretariat, Consumer Product Safety 7. Seabird Mitigation Measures for the Machines (‘‘Arm Curl’’). Commission, Room 820, 4330 East-West 5. Between 1989 and 2009, Cybex Hawaii Longline Fisheries: Options Highway, Bethesda, MD 20814; manufactured, distributed and offered for the Shallow-set Fishery and Tori telephone: (301) 504–7479; email: cpsc- for sale in the United States Line Specifications for the Deep-set [email protected]. approximately 15,000 Model 5340 and Fishery 8. North Pacific Striped Marlin Annual FOR FURTHER INFORMATION CONTACT: 5341 Smith Press Machines (‘‘Smith Catch Limits Leah Wade Ippolito, Supervisory Press.’’) 9. Public Comment Attorney, Division of Enforcement and 6. The Arm Curl and Smith Press 10. Pelagic Plan Team Discussion and Machines (collectively, the ‘‘Subject Recommendations 1 The Commission voted 3–0–1 to provisionally Products’’) are ‘‘consumer products’’ 11. Other Business accept the proposed Settlement Agreement and that were ‘‘distribut[ed] in commerce,’’ Order regarding Cybex International, Inc. Acting as those terms are defined or used in Special Accommodations Chairman Adler, Commissioners Kaye and Baiocco voted to provisionally accept the Settlement sections 3(a)(5) and (8) of the CPSA, 15 These meetings are physically Agreement and Order. Commissioner Feldman did U.S.C. 2052(a)(5) and (8). Cybex is a accessible to people with disabilities. not vote on this matter. ‘‘manufacturer’’ and ‘‘distributor’’ of the

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Subject Products, as such terms are death, Cybex did not immediately report users and maintaining the equipment, defined in sections 3(a)(7) and (11) of to CPSC. consumer reports can be difficult for a the CPSA, 15 U.S.C. 2052(a)(7) and (11). 15. In January 2018, Cybex filed a Full manufacturer to obtain and evaluate, Report with the Commission under 15 may not be received promptly, and may Violation of CPSA Section 19(a)(4) U.S.C. 2064(b) concerning the Smith not include complete and accurate Arm Curl Machines Press Machines. information. 16. Cybex and the Commission jointly 7. The Arm Curl Machines contain a 23. With regard to the Smith Press, announced a Fast Track recall of Smith there is a risk of users failing to fully defect which could create a substantial Press Machines on August 29, 2018. The seat a weighted bar across the pins product hazard and create an press release announcing the recall when racking the bar, thereby causing unreasonable risk of serious injury or noted that the weight bar can fall, the bar to fall. Further, the equipment death because the weld that connects posing serious injury hazards to the had extensive product safety and usage the swivel handle to the arm of the user. labeling and a safety stop that users machine can fatigue and fail, causing frequently failed to activate while the handle to separate unexpectedly Failure to Timely Report exercising. Racking systems similar to from the frame of the machine. This 17. Despite having information the Smith Press racking system were separated handle can strike the user in reasonably supporting the conclusion widely used throughout the industry the face. that the Subject Products contained a during the time the Smith Press was 8. Between mid-2002 (when Cybex defect or created an unreasonable risk of sold and in use. Cybex believes that the was able to retrieve incident serious injury or death, Cybex did not number of reports of injuries associated information) and June 2015, Cybex notify the Commission immediately of with the weight bars was infinitesimally received 85 reports of broken handles, such defect or risk, as required by small in view of the millions of uses of including incidents that resulted in sections 15(b)(3) and (4) of the CPSA, 15 this equipment. lacerations requiring stitches and one U.S.C. 2064(b)(3) and (4), in violation of 24. With regard to the Arm Curl, over grievous bodily injury involving a section 19(a)(4) of the CPSA, 15 U.S.C. time the arm of certain of the machines consumer who permanently lost vision 2068(a)(4). experienced weld fatigue, despite the in one eye when the handle separated 18. Because the information in equipment passing rigorous and during use and struck the consumer in Cybex’s possession about the Subject extensive product load and endurance the face. Products constituted actual and testing. Cybex believes that the number 9. Despite information that reasonably presumed knowledge, Cybex knowingly and extent of injuries were limited. supported the conclusion that the Arm violated section 19(a)(4) of the CPSA, 15 25. At all relevant times, Cybex had Curl Machine contained a defect that U.S.C. 2068(a)(4), as the term a product safety compliance program, could create a substantial product ‘‘knowingly’’ is defined in section 20(d) including quality control personnel and hazard or created an unreasonable risk of the CPSA, 15 U.S.C. 2069(d). a product safety testing program. of serious injury or death, Cybex did not 19. Pursuant to section 20 of the Following the sale of Cybex in 2016, immediately report to CPSC. CPSA, 15 U.S.C. 2069, Cybex is subject new ownership implemented 10. In June 2015, Cybex filed a Full to civil penalties for its knowing improvements to that compliance Report with the Commission under 15 violation of section 19(a)(4) of the program to further ensure that it is U.S.C. 2064(b) concerning the Arm Curl CPSA, 15 U.S.C. 2068(a)(4). consistent with industry standards. Machines. 26. Cybex enters into this Agreement Response of Cybex 11. Cybex and the Commission jointly solely to settle this matter without the announced a Fast Track recall of the 20. This Agreement does not delay and expense of litigation. Cybex Arm Curl Machines on August 25, 2015. constitute an admission by Cybex to the does not admit to any fault, liability, The press release announcing the recall staff’s charges set forth in paragraphs 4 violation of any law, or wrongdoing noted that the swivel handles can break through 19 above, and Cybex with respect to the Arm Curl or Smith off from the frame causing users to hit specifically refutes the staff’s findings Press machines, and Cybex’s themselves in the face or head, posing that Cybex did not timely file section willingness to enter into this Agreement an impact injury hazard. 15(b) reports on the Subject Products. and Order does not constitute, nor is it 21. The Arm Curl and Smith Press Smith Press Machines evidence of, an admission by it of any have not been sold since 2008 and 2009 fault, liability, violation of any law, or 12. The Smith Press Machines contain respectively. The Subject Products were any wrongdoing. a defect which could create a substantial designed, manufactured and sold by product hazard and create an prior ownership of the Cybex business Agreement of the Parties unreasonable risk of serious injury or (which was sold in 2016 and again in 27. Under the CPSA, the Commission death because the weight bar can fall, 2019). The original owners of Cybex has jurisdiction over the matter posing serious impact injury hazards to recalled and retrofitted the Arm Curl in involving the Subject Products and over the user. 2015 and the CPSC’s investigation was Cybex. 13. Between late 1991 and January underway when the Company was sold 28. The parties enter into the 2018, Cybex received 27 reports of in 2016. After assessing the legacy Agreement for settlement purposes only. injuries associated with the Smith Press business and engaging in discussions The Agreement does not constitute an Machine, including grievous bodily with CPSC, the new owner of Cybex admission by Cybex or a determination injuries such as paralysis and spinal determined that it was required to by the Commission that Cybex violated fracture. submit a report to the CPSC regarding the CPSA’s reporting requirements. 14. Despite information that the Smith Press in connection with the 29. In settlement of staff’s charges, reasonably supported the conclusion CPSC’s ongoing investigation. and to avoid the cost, distraction, delay, that the Smith Press Machines 22. Due to the complexity of uncertainty, and inconvenience of contained a defect that could create a consumer interaction with and use of protracted litigation or other substantial product hazard or created an exercise equipment, and the critical role proceedings, Cybex shall pay a civil unreasonable risk of serious injury or of fitness center owners in monitoring penalty in the amount of seven million,

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nine hundred and fifty thousand dollars 1118.20(h). Upon the later of: (i) (i) Information required to be ($7,950,000) within thirty (30) calendar Commission’s final acceptance of this disclosed by Cybex to the Commission days after receiving service of the Agreement and service of the accepted is recorded, processed and reported in Commission’s final Order accepting the Agreement upon Cybex, and (ii) the date accordance with applicable law; Agreement. All payments to be made of issuance of the final Order, this (ii) all reporting made to the under the Agreement shall constitute Agreement shall be in full force and Commission is timely, truthful, debts owing to the United States and effect, and shall be binding upon the complete, accurate and in accordance shall be made by electronic wire transfer parties. with applicable law; and to the United States via http:// 33. Effective upon the later of: (i) The (iii) prompt disclosure is made to www.pay.gov, for allocation to, and Commission’s final acceptance of the Cybex’s management of any significant credit against, the payment obligations Agreement and service of the accepted deficiencies or material weaknesses in of Cybex under this Agreement. Failure Agreement upon Cybex and (ii) and the the design or operation of such internal to make such payment by the date date of issuance of the final Order, for controls that are reasonably likely to specified in the Commission’s final good and valuable consideration, Cybex affect adversely, in any material respect, Order shall constitute Default. hereby expressly and irrevocably waives Cybex’s ability to record, process and 30. All unpaid amounts, if any, due and agrees not to assert any past, report to the Commission in accordance and owing under the Agreement, shall present, or future rights to the following, with applicable law. constitute a debt due and immediately in connection with the matter described 36. Upon request of staff, Cybex shall owing by Cybex to the United States, in this Agreement: (i) an administrative provide written documentation of its and interest shall accrue and be paid by or judicial hearing; (ii) judicial review internal controls and procedures, Cybex at the federal legal rate of interest or other challenge or contest of the including, but not limited to, the set forth at 28 U.S.C. 1961(a) and (b) Commission’s actions; (iii) a effective dates of the procedures and from the date of Default, until all determination by the Commission of improvements thereto. Cybex shall amounts due have been paid in full whether Cybex failed to comply with cooperate fully and truthfully with staff (hereinafter ‘‘Default Payment Amount’’ the CPSA and the underlying and shall make available all non- and ‘‘Default Interest Balance’’). Cybex regulations; (iv) a statement of findings privileged information and materials, shall consent to a Consent Judgment in of fact and conclusions of law; and (v) and personnel deemed necessary by the amount of the Default Payment any claims under the Equal Access to staff to evaluate Cybex’s compliance Amount and Default Interest Balance, Justice Act. with the terms of the Agreement. and the United States, at its sole option, 34. Cybex shall maintain a 37. The parties acknowledge and may collect the entire Default Payment compliance program designed to ensure agree that the Commission may Amount and Default Interest Balance, or compliance with the CPSA with respect publicize the terms of the Agreement exercise any other rights granted by law to any consumer product imported, and the Order. or in equity, including, but not limited manufactured, distributed or sold by 38. Cybex represents that the to, referring such matters for private Cybex, and which shall contain the Agreement: (i) Is entered into freely and collection, and Cybex agrees not to following elements: voluntarily, without any degree of contest, and hereby waives and (i) Written standards, policies and duress or compulsion whatsoever; (ii) discharges any defenses to, any procedures, including those designed to has been duly authorized; and (iii) collection action undertaken by the ensure that information that may relate constitutes the valid and binding United States, or its agents or to or impact CPSA compliance is obligation of Cybex, enforceable against contractors, pursuant to this paragraph. conveyed effectively to personnel Cybex in accordance with its terms. The Cybex shall pay the United States all responsible for CPSA compliance, individuals signing the Agreement on reasonable costs of collection and whether or not an injury is referenced; behalf of Cybex represent and warrant enforcement under this paragraph, (ii) a mechanism for confidential that they are duly authorized by Cybex respectively, including reasonable employee reporting of compliance- to execute the Agreement. attorney’s fees and expenses. related questions or concerns to either a 39. The signatories represent that they 31. After staff receives this Agreement compliance officer or to another senior are authorized to execute this executed on behalf of Cybex, staff shall manager with authority to act as Agreement. promptly submit the Agreement to the necessary; 40. The Agreement is governed by the Commission for provisional acceptance. (iii) effective communication of laws of the United States. Promptly following provisional company compliance-related policies 41. The Agreement and the Order acceptance of the Agreement by the and procedures regarding the CPSA to shall apply to, and be binding upon, Commission, the Agreement shall be all applicable employees through Cybex and each of its successors, placed on the public record and training programs or otherwise; transferees, and assigns; and a violation published in the Federal Register, in (iv) Cybex’s senior management of the Agreement or Order may subject accordance with the procedures set responsibility for, and Cybex’s general Cybex, and each of its successors, forth in 16 CFR 1118.20(e). If the board oversight, consistent with its transferees, and assigns, to appropriate Commission does not receive any policies and procedures of, CPSA legal action. written request not to accept the compliance; and 42. The Agreement and the Order Agreement within fifteen (15) calendar (v) retention of all CPSA compliance- constitute the complete agreement days, the Agreement shall be deemed related records for at least five (5) years, between the parties on the subject finally accepted on the 16th calendar and availability of such records to CPSC matter contained therein. day after the date the Agreement is staff upon request. 43. The Agreement may be used in published in the Federal Register, in 35. Cybex shall maintain and enforce interpreting the Order. Understandings, accordance with 16 CFR 1118.20(f). a system of internal controls and agreements, representations, or 32. This Agreement is conditioned procedures designed to ensure that, interpretations apart from those upon, and subject to, the Commission’s with respect to all consumer products contained in the Agreement and the final acceptance, as set forth above, and imported, manufactured, distributed or Order may not be used to vary or it is subject to the provisions of 16 CFR sold by Cybex: contradict their terms. For purposes of

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construction, the Agreement shall be Agreement. The payment shall be made available to the public for any reason, deemed to have been drafted by both of by electronic wire transfer to the ED will temporarily accept comments at the parties and shall not, therefore, be Commission via: http://www.pay.gov. [email protected]. Please include the construed against any party, for that Upon the failure of Cybex to make the docket ID number and the title of the reason, in any subsequent dispute. foregoing payment when due, interest information collection request when 44. The Agreement may not be on the unpaid amount shall accrue and requesting documents or submitting waived, amended, modified, or be paid by Cybex at the federal legal rate comments. Please note that comments otherwise altered, except as in of interest set forth at 28 U.S.C. 1961(a) submitted by fax or email and those accordance with the provisions of 16 and (b). If Cybex fails to make such submitted after the comment period will CFR 1118.20(h). The Agreement may be payment or to comply in full with any not be accepted. Written requests for executed in counterparts. other provision of the Settlement information or comments submitted by 45. If any provision of the Agreement Agreement, such conduct will be postal mail or delivery should be or the Order is held to be illegal, considered a violation of the Settlement addressed to the Director of the Strategic invalid, or unenforceable under present Agreement and Order. Collections and Clearance Governance or future laws effective during the terms Provisionally accepted and and Strategy Division, U.S. Department of the Agreement and the Order, such provisional Order issued on the 11 day of Education, 400 Maryland Ave. SW, provision shall be fully severable. The of February, 2021. LBJ, Room 6W208B, Washington, DC balance of the Agreement and the Order By order of the commission: 20202–8240. shall remain in full force and effect, /s/ lllllllllllllllllll FOR FURTHER INFORMATION CONTACT: For unless the Commission and Cybex agree specific questions related to collection in writing that severing the provision Albert Mills, Secretary, U.S. Consumer Product Safety activities, please contact Carrie Clarady, materially affects the purpose of the 202–245–6347. Agreement and the Order. Commission. SUPPLEMENTARY INFORMATION [FR Doc. 2021–03121 Filed 2–16–21; 8:45 am] : The CYBEX INTERNATIONAL, INC. Department of Education (ED), in BILLING CODE 6355–01–P Dated: 1/25/2021. accordance with the Paperwork By: /s/ lllllllllllllllll Reduction Act of 1995 (PRA) (44 U.S.C. Kelly Michelle Kaiser, 3506(c)(2)(A)), provides the general DEPARTMENT OF EDUCATION Secretary, Cybex International, Inc. public and Federal agencies with an Dated: 1/25/2021. [Docket No.: ED–2021–SCC–0023] opportunity to comment on proposed, lllllllllllllllll revised, and continuing collections of By: /s/ Agency Information Collection Kathleen M. Sanzo, information. This helps the Department Activities; Comment Request; NAEP assess the impact of its information Counsel to Cybex International, Inc. 2021 School Survey collection requirements and minimize U.S. Consumer Product Safety Commission AGENCY: Institute for Education Sciences the public’s reporting burden. It also Dated: 1/25/2021. (IES), National Center for Education helps the public understand the lllllllllllllllll By: /s/ Statistics (NCES), Department of Department’s information collection Leah Wade Ippolito, Education (ED). requirements and provide the requested Supervisory Attorney, Office of Compliance data in the desired format. ED is ACTION: Notice. and Field Operations. soliciting comments on the proposed information collection request (ICR) that United States of America SUMMARY: In accordance with the Paperwork Reduction Act of 1995, ED is is described below. The Department of Consumer Product Safety Commission requesting the Office of Management Education is especially interested in In the Matter of: CYBEX and Budget (OMB) to conduct an public comment addressing the INTERNATIONAL, INC. CPSC Docket emergency review of an information following issues: (1) Is this collection No.: collection. necessary to the proper functions of the Department; (2) will this information be Order DATES: The Department has requested processed and used in a timely manner; Upon consideration of the Settlement emergency processing from OMB for (3) is the estimate of burden accurate; Agreement entered into between Cybex this information collection request by (4) how might the Department enhance International Inc. (‘‘Cybex’’), and the February 12, 2021. Due to this the quality, utility, and clarity of the U.S. Consumer Product Safety emergency processing, the Department information to be collected; and (5) how Commission (‘‘Commission’’), and the is also providing the public with the might the Department minimize the Commission having jurisdiction over opportunity to comment for 30 days. burden of this collection on the the subject matter and over Cybex, and Interested persons are invited to submit respondents, including through the use it appearing that the Settlement comments on or before March 19, 2021. of information technology. Please note Agreement and the Order are in the ADDRESSES: To access and review all the that written comments received in public interest, it is: documents related to the information response to this notice will be Ordered that the Settlement collection listed in this notice, please considered public records. Agreement be, and is, hereby, accepted; use http://www.regulations.gov by Title of Collection: XX School Survey. and it is searching the Docket ID number ED– OMB Control Number: 1850–NEW. Further ordered that Cybex shall 2021–SCC–0023. Comments submitted Type of Review: A new information comply with all terms of the Settlement in response to this notice should be collection. Agreement including payment of a civil submitted electronically through the Respondents/Affected Public: penalty in the amount of seven million, Federal eRulemaking Portal at http:// Individuals or Households. nine hundred and fifty thousand dollars www.regulations.gov by selecting the Total Estimated Number of Annual ($7,950,000), within thirty (30) days Docket ID number or via postal mail, Responses: 36,030. after service of the Commission’s final commercial delivery, or hand delivery. Total Estimated Number of Annual Order accepting the Settlement If the regulations.gov site is not Burden Hours: 18,016.

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Abstract: The NAEP 2021 School DEPARTMENT OF EDUCATION requirements and provide the requested Survey is collecting data necessary to data in the desired format. ED is [Docket No.: ED–2021–SCC–0022] fully understand the impact of the soliciting comments on the proposed COVID–19 pandemic on students and Agency Information Collection information collection request (ICR) that educators, including data on the status Activities; Comment Request; National is described below. The Department of of in-person learning. These data shall Study To Inform the 21st Century Education is especially interested in be disaggregated by student Community Learning Centers (CCLC) public comment addressing the demographics, including race, ethnicity, Program following issues: (1) Is this collection disability, English-language-learner necessary to the proper functions of the status, and free or reduced lunch status AGENCY: Institute of Education Sciences Department; (2) will this information be or other appropriate indicators of family (IES), Department of Education (ED). processed and used in a timely manner; income.’’ With the participation of ACTION: Notice. (3) is the estimate of burden accurate; educators and school leaders across the (4) how might the Department enhance country, NCES will be able to report the SUMMARY: In accordance with the the quality, utility, and clarity of the percentages of students who received Paperwork Reduction Act of 1995, ED is information to be collected; and (5) how instruction remotely, in-person, or in a proposing a new information collection. might the Department minimize the hybrid instructional mode for selected DATES: Interested persons are invited to burden of this collection on the districts, states, and the nation. NCES submit comments on or before April 19, respondents, including through the use will provide these data for various 2021. of information technology. Please note student groups, in addition to ADDRESSES: To access and review all the that written comments received in information about attendance rates, in documents related to the information response to this notice will be an online dashboard. These metrics are collection listed in this notice, please considered public records. intended to provide stakeholders with a use http://www.regulations.gov by Title of Collection: National Study to clear portrait of equity in the type, searching the Docket ID number ED– Inform the 21st Century Community frequency, and amount of instruction 2021–SCC–0022. Comments submitted Learning Centers (CCLC) Program. students receive monthly across the in response to this notice should be OMB Control Number: 1850–NEW. nation, and in states and participating submitted electronically through the Type of Review: New information districts. As monthly data are collected, Federal eRulemaking Portal at http:// collection. stakeholders will be able to track www.regulations.gov by selecting the Respondents/Affected Public: progress. In addition, a summative Docket ID number or via postal mail, Individuals or Households. Total Estimated Number of Annual report will be provided at the end of the commercial delivery, or hand delivery. collection, relating the results to those Responses: 1,228. If the regulations.gov site is not Total Estimated Number of Annual from the NAEP 2021 School and available to the public for any reason, Burden Hours: 397. Teacher Questionnaire. ED will temporarily accept comments at Abstract: The 21st CCLC program Additional Information: An [email protected]. Please include the funds services during non-school hours, emergency clearance approval for the docket ID number and the title of the primarily during the school year. The use of the system is described due to the information collection request when services aim to help students meet state following conditions: NCES requests requesting documents or submitting academic standards, particularly for emergency clearance to comply with the comments. Please note that comments students in low-performing schools that January 21, 2021 Executive Order on submitted by fax or email and those serve high concentrations of low-income Supporting the Reopening and submitted after the comment period will families. Most participants (71 percent) Continuing Operation of Schools and not be accepted. Written requests for are students attending afterschool Early Childhood Education Providers information or comments submitted by centers during the school year, with the which states that the Department of postal mail or delivery should be remainder being family members (14 Education must ‘‘coordinate with the addressed to the PRA Coordinator of the percent) or summer attendees (15 Director of the Institute of Education Strategic Collections and Clearance percent). Afterschool centers supported Sciences to facilitate, consistent with Governance and Strategy Division, U.S. by program funds provide a broad range applicable law, the collection of data Department of Education, 400 Maryland of activities and services, such as necessary to fully understand the Ave. SW, LBJ, Room 6W208B, academic enrichment, physical activity, impact of the COVID–19 pandemic on Washington, DC 20202–8240. service learning, and activities to engage students and educators, including data FOR FURTHER INFORMATION CONTACT: For families. Program activities and services on the status of in-person learning. specific questions related to collection may play a crucial role in addressing the These data shall be disaggregated by activities, please contact Erica Johnson, substantial learning loss and other student demographics, including race, (202) 245–7676. challenges that have occurred as a result ethnicity, disability, English-language- SUPPLEMENTARY INFORMATION: The of the COVID–19 pandemic. learner status, and free or reduced lunch Department of Education (ED), in This study will have two components. status or other appropriate indicators of accordance with the Paperwork The first is a national snapshot of family income.’’ Normal clearance Reduction Act of 1995 (PRA) (44 U.S.C. strategies that afterschool centers in the procedures would not allow IES to 3506(c)(2)(A)), provides the general 21st CCLC program use to serve their comply with the intent of this Executive public and Federal agencies with an students and families. The national Order. opportunity to comment on proposed, snapshot will complement and extend Dated: February 11, 2021. revised, and continuing collections of information from the program’s annual Stephanie Valentine, information. This helps the Department performance measures by providing an PRA Coordinator, Strategic Collections and assess the impact of its information in-depth understanding of the key Clearance Governance and Strategy Division, collection requirements and minimize outcomes centers aim to promote and Office of Chief Data Officer. the public’s reporting burden. It also the diverse ways their activities and [FR Doc. 2021–03162 Filed 2–16–21; 8:45 am] helps the public understand the services for students and families, BILLING CODE 4000–01–P Department’s information collection supports for staff, and improvement

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strategies are designed to promote these DATES: Comments regarding this Docket: The docket for this activity, outcomes. Describing these strategies collection must be received on or before which includes Federal Register can provide insights into ways that March 19, 2021. If you anticipate that notices, comments, and other centers seek to address longer-term you will be submitting comments, but supporting documents/materials, is challenges, such as learning loss and find it difficult to do so within the available for review at http:// trauma, stemming from the pandemic. period of time allowed by this notice, www.regulations.gov. All documents in The second component is an evaluation please advise the OMB Desk Officer of the docket are listed in the http:// of a continuous quality improvement your intention to make a submission as www.regulations.gov index. However, system implemented in the program’s soon as possible. The Desk Officer may some documents listed in the index, afterschool centers. The evaluation will be telephoned at (202) 395–4718. such as those containing information examine the implementation and ADDRESSES: Written comments and that is exempt from public disclosure, effectiveness of a system focused on recommendations for the proposed may not be publicly available. improving staff practices that promote information collection should be sent The docket web page can be found at students’ social and emotional skills. within 30 days of publication of this http://www.regulations.gov/ Promoting these skills may be notice to www.reginfo.gov/public/do/ #!docketDetail;D=EERE-2020-BT-CRT- particularly important to compensate for PRAMain. Find this particular 0018. The docket web page will contain the effects of the pandemic, in light of information collection by selecting simple instructions on how to access all evidence that remote learning has ‘‘Currently under 30-day Review—Open documents, including public comments, negatively affected students’ social and for Public Comments’’ or by using the in the docket. emotional well-being. search function. SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995, as This package only requests clearance FOR FURTHER INFORMATION CONTACT: amended (PRA), 44 U.S.C. 3501–3520, for data collection activities that will Catherine Rivest, U.S. Department of and its implementing regulations, 5 CFR occur before March 2022 and impose Energy, Office of Energy Efficiency and part 1320, require Federal agencies to burden on respondents. These activities, Renewable Energy, Building issue two notices seeking public all part of the evaluation of a continuous Technologies Office, EE–5B, 1000 comment on information collection quality improvement system (the Independence Avenue SW, Washington, activities before OMB may approve study’s second component), involve DC 20585–0121. Telephone: (202) 586– paperwork packages. 44 U.S.C. 3506, collecting parent/guardian 7335. Email: questionnaires and permission forms, 3507; 5 CFR 1320.5, 1320.8(d)(1), and ApplianceStandardsQuestions@ 1320.12. On November 23, 2020, DOE afterschool center coaching logs, and ee.doe.gov. student afterschool attendance records. published a 60-day notice in the Federal Interested persons are encouraged to Register soliciting comment on the Dated: February 11, 2021. submit comments using the Federal information collection request for which Stephanie Valentine, eRulemaking Portal at http:// it is now seeking OMB approval. See 85 PRA Coordinator, Strategic Collections and www.regulations.gov. Follow the FR 74713. The proposed collection Clearance, Governance and Strategy Division, instructions for submitting comments. would cover all covered products and Office of Chief Data Officer, Office of Alternatively, interested persons may equipment subject to DOE’s regulatory Planning, Evaluation and Policy submit comments, identified by docket Development. requirements described in 10 CFR parts number EERE–2020–BT–CRT–0018, by 429, 430, and 431. DOE received three [FR Doc. 2021–03163 Filed 2–16–21; 8:45 am] any of the following methods: comments in response to this notice, BILLING CODE 4000–01–P 1. Federal eRulemaking Portal: http:// which are discussed in section I of this www.regulations.gov. Follow the document. instructions for submitting comments. DEPARTMENT OF ENERGY 2. Email: to I. Summary of Comments InfoCollection2020CRT0018@ [EERE–2020–BT–CRT–0018] DOE requested comments as to ee.doe.gov. Include docket number whether the proposed collection of Agency Information Collection EERE–2020–BT–CRT–0018 in the information is necessary for the proper Extension subject line of the message. performance of the functions of the 3. Postal Mail: Appliance and agency, including whether the AGENCY: Office of Energy Efficiency and Equipment Standards Program, U.S. information shall have practical utility. Renewable Energy, U.S. Department of Department of Energy, Building In response, the Air-Conditioning, Energy. Technologies Office, Mailstop EE–5B, Heating, and Refrigeration Institute ACTION: Submission for Office of 1000 Independence Avenue SW, (AHRI) and Carrier stated that Management and Budget (OMB) review; Washington, DC 20585–0121. performance data reporting is necessary comment request. Telephone: (202) 287–1445. If possible, and proper to ensure that manufacturers please submit all items on a compact are complying with energy conservation SUMMARY: The Department of Energy disc (‘‘CD’’), in which case it is not standards. (AHRI, No. 2 at p. 2; Carrier (DOE) has submitted an information necessary to include printed copies. No. 4 at p. 1) collection request to the OMB for 4. Hand Delivery/Courier: Appliance AHRI stated that the scope of DOE’s extension under the provisions of the and Equipment Standards Program, U.S. reporting requirements are at times Paperwork Reduction Act of 1995. The Department of Energy, Building overbroad, which creates unnecessary information collection requests a three- Technologies Office, 950 L’Enfant Plaza burden. AHRI pointed to the Central Air year extension of its Certification SW, Suite 600, Washington, DC 20024. Conditioners and Heat Pump reporting Reports, Compliance Statements, Telephone: (202) 287–1445. If possible, template as an example of Application for a Test Procedure please submit all items on a CD, in overcollection and noted that it includes Waiver, and Recordkeeping for which case it is not necessary to include many more fields than DOE publishes Consumer Products and Commercial/ printed copies. on its public Compliance Certification Industrial Equipment subject to Energy No telefacsimilies (faxes) will be Management System (CCMS) database. or Water Conservation Standards. accepted. AHRI asked that DOE exercise greater

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caution in developing its reporting of a template is unjustified as the predictably delivering final reporting requirements for covered products. Department knows the data it intends to templates. AHRI noted that DOE should only collect when it promulgates a rule. DOE appreciates the feedback from collect information necessary to ensure AHRI asked that OMB decline DOE’s AHRI. DOE strives to make certification compliance. (AHRI, No. 2 at p. 2) AHRI data collection authorization unless templates available in a timely manner stated that most of the data DOE collects DOE promulgates a regulation that and will work to post new or revised is considered confidential business requires the release of the reporting templates well in advance of information, and improper disclosure templates concurrent with the certification deadlines. DOE notes that, could significantly harm manufacturers. corresponding regulatory language in in the past, AHRI generally has AHRI therefore requested that DOE the Federal Register or at least 180 days requested that DOE post certification restrict its data collection only to that before the template is effective if the templates six weeks prior to their which is necessary to demonstrate change did not result from a rule required use. However, DOE notes that compliance. AHRI added that DOE change. AHRI added that the lack of AHRI also requested six months in a should take appropriate measures to adequate notice undermines due comment on DOE’s Procedures, protect the confidential data in its process and facially violates the Interpretations, and Policies for possession and inform manufacturers of principles of the Paperwork Reduction Consideration of New or Revised Energy a breach immediately. (AHRI, No. 2 at Act. AHRI asserted that DOE must Conservation Standards for Consumer p. 2) release the templates Products rulemaking (AHRI, EERE– DOE appreciates the feedback from contemporaneously with the final rule. 2017–BT–STD–0062, No. 51 at pg. 32). AHRI. DOE notes that it aims to limit AHRI argued that, upon publication of Going forward, DOE will make its best the collection of information the final rule, because DOE has already effort to release new product implemented in the regulatory language decided what data it intends to collect, certification templates at least 180 days to include only information necessary to it should also be required to provide prior to their required use. ensure compliance with energy adequate notice of the format that it DOE explains that typically it does conservation standards. In its regulatory intends to use to collect the data so that not require manufacturers to recertify on process, DOE outlines the certification stakeholders can respond accordingly newly posted templates until the annual requirements in a proposal and requests (AHRI, No. 2 at p. 3–6) certification date unless manufacturers comment and input from stakeholders AHRI commented that, although the are required to do so in order to prior to finalizing those requirements. reporting requirements for all new test demonstrate compliance with amended DOE is not considering amending its procedures or energy conservation standards. For example, DOE posted a certification regulations as part of this standards are presented in the Federal template for automatic commercial ice notice. However, it will consider these Register and Code of Federal makers on December 18, 2017. In the comments in any future rulemakings Regulations, the format it is presented in announcement DOE stated, that address certification requirements. is not useful to stakeholders. AHRI ‘‘Submissions made on previous DOE notes that access to CCMS is commented that the team of versions of the template do not have to currently secured by password programmers they employ to manage be resubmitted until the August 1, 2018 protection. All users are required to their directory and to facilitate the annual certification date if they comply register with CCMS and establish regulatory reporting need a minimum of with the amended performance usernames and passwords to access 3 months to write the necessary data standards.’’ DOE notes that it explains CCMS. CCMS complies with the system transfer programs. AHRI added that they the reason a new template is posted in security standards for Federal systems cannot begin work on the programming its template announcement and email established by the National Institute of until they have received the final notification. DOE also notes the CCMS Standards and Technology and set forth certification template. AHRI noted that product-template download page in NIST 800–53. DOE continues to deliver late templates maintains a newsfeed on the left side DOE requested comment on the despite AHRI having issued multiple (See https://www.regulations.doe.gov/ accuracy of the agency’s estimate of the requests, held meetings, and filed ccms/templates). Regarding the renewal burden of the proposed collection of comments requesting a predictable of an OMB control number, DOE notes information, including the validity of deadline of at least six months to a year that this change does not trigger any the methodology and assumptions used. prior to the effective date of a standard. changes to data maps and should only DOE received no comments regarding AHRI expressed concern that the require updating of a filename in any the accuracy of its burden of the change of OMB control number rollout code. information collection activities and other ‘‘effective immediately’’ The American Lighting Association estimates. Therefore, DOE has not templates are especially burdensome. (ALA), Association of Home Appliance modified those estimates in this notice. AHRI noted that a template amendment Manufacturers (AHAM), Hearth, Patio & DOE requested comment on ways to as small as a change of an OMB control Barbecue Association (HPBA), and the enhance the quality, utility, and clarity number requires re-coding and re- Information Technology Industry of the information to be collected. DOE programming data maps and testing Council (ITI) (collectively, the Joint also requested comment on ways to those changes. AHRI listed several Commenters), AHRI, and Carrier all minimize the burden of the collection of instances in which they felt that the expressed strong support for the information on respondents, including timeframe between certification elimination of duplicative reporting through the use of automated collection template release and the required requirements. (The Joint Commenters, techniques or other forms of information certification date was insufficient. AHRI No. 3 at p. 2; AHRI, No. 2 at p. 2; Carrier technology. commented that stakeholders must have No. 4 at p. 1) In response, AHRI commented that an ability to plan workflows and The Joint Commenters and AHRI each DOE is frequently late in releasing predictably allocate resources to expressed support for DOE’s proposal to reporting templates which creates reporting. AHRI added that stakeholders add fields to CCMS that would allow outsized and unnecessary burden on cannot make business plans for the California Energy Commission (CEC) manufacturers and third-party certifiers. regulatory compliance unless DOE is to accept CCMS reports in satisfaction of AHRI argued that the last-minute release transparent and consistent in applicable state reporting requirements.

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(The Joint Commenters, No. 3 at p. 2; This information collection request Compact fluorescent lamps; (23) AHRI, No. 2 at p. 5) The Joint contains: Dehumidifiers; (24) External power Commenters and AHRI went further to (1) OMB No.: 1910–1400; supplies; (25) Battery chargers; (26) say they encourage the streamlining of (2) Information Collection Request Candelabra base incandescent lamps regulatory reporting that DOE can Title: Certification Reports, Compliance and intermediate base incandescent achieve via its CCMS system including Statements, Application for a Test lamps; (27) Commercial warm air those imposed by Energy Star and Procedure Waiver, Application for furnaces; (28) Commercial refrigerators, Natural Resources Canada (NRCan). Extension of Representation freezers, and refrigerator-freezers; (29) (The Joint Commenters, No. 3 at p. 2; Requirements, Labeling, and Commercial heating and air AHRI, No. 2 at p. 2) The Joint Recordkeeping for Consumer Products conditioning equipment; (30) Commenters noted that this action and Commercial/Industrial Equipment Commercial water heating equipment; would be consistent with the Appliance subject to Federal Energy or Water (31) Automatic commercial ice makers; Standards Rulemaking Advisory Conservation Standards; (32) Commercial clothes washers; (33) Committee (ASRAC) recommendation (3) Type of Request: Revision with Distribution transformers; (34) on reporting burden adopted by changes; Illuminated exit signs; (35) Traffic signal stakeholders from various points of (4) Purpose: Pursuant to the Energy modules and pedestrian modules; (36) view on December 5, 2019. (The Joint Policy and Conservation Act, as Commercial unit heaters; (37) Commenters, No. 3 at pg. 2) AHRI went amended (‘‘EPCA’’ or ‘‘the Act’’),1 Commercial pre-rinse spray valves; (38) on to state that CCMS is a functional Public Law 94–163 (42 U.S.C. 6291– Refrigerated bottled or canned beverage and well-maintained database and 6317, as codified), DOE regulates the vending machines; (39) Walk-in coolers reporting system, which is better energy efficiency of a number of and walk-in freezers and certain resourced and more reliable than state- consumer products, and commercial components; (40) Metal halide lamp run databases. AHRI noted that it has and industrial equipment. Title III, Part ballasts and fixtures (41) Integrated used available technology to facilitate B 2 of EPCA established the Energy light-emitting diode lamps; (42) General mass uploads of data to CCMS, which Conservation Program for Consumer service lamps; (43) Furnace fans; (44) has been able to accommodate this data Products Other Than Automobiles, Pumps; (45) Commercial packaged transfer consistently and reliably. AHRI which sets forth a variety of provisions boilers; (46) Consumer miscellaneous commented that streamlining and designed to improve energy efficiency of refrigeration equipment; (47) Portable consolidating the CEC reporting covered consumer products (‘‘covered air conditioners; (48) Compressors; (49) requirements into CCMS in the same products’’). Title III, Part C 3 of EPCA, Electric motors; (50) Small electric way that the Federal Trade Commission added by Public Law 95–619, Title IV, motors (51) Rough service lamps; and (FTC) reporting was previously § 441(a), established the Energy (52) Vibration service lamps. addressed would be an unqualified Conservation Program for Certain Under EPCA, DOE’s energy benefit to stakeholders. (AHRI, No. 2 at Industrial Equipment, which sets forth a conservation program consists p. 6) variety of provisions designed to essentially of four parts: (1) Testing, (2) DOE will continue to consider improve energy efficiency of covered labeling, (3) Federal energy conservation revisions to CCMS that would facilitate commercial and industrial equipment standards, and (4) certification and a reduction in duplicative reporting (collectively referred to as ‘‘covered enforcement procedures. For consumer under California’s Appliance Efficiency equipment’’). products, relevant provisions of the Act Regulations, as well as others. Covered products and covered specifically include definitions (42 The Joint Commenters expressed equipment are described in 10 CFR U.S.C. 6291), energy conservation interest in further reducing regulatory parts 429, 430, and 431. These covered standards (42 U.S.C. 6295), test burden by working with the Department products and covered equipment, procedures (42 U.S.C. 6293), labeling to reevaluate the annual certification including all product or equipment provisions (42 U.S.C. 6294), and the reporting requirement which results in classes, include: (1) Consumer authority to require information and unnecessary paperwork costs for no refrigerators, refrigerator-freezers and reports from manufacturers (42 U.S.C. reason. The Joint Commenters noted freezers; (2) Room air conditioners; (3) 6296). For covered equipment, relevant that the ASRAC recommendation Central air conditioners and central air provisions of the Act include definitions adopted by vote of stakeholders from conditioning heat pumps; (4) Consumer (42 U.S.C. 6311), energy conservation varying points of view on December 5, water heaters; (5) Consumer furnaces standards (42 U.S.C. 6313), test 2019 also recommended that DOE and boilers; (6) Dishwashers; (7) procedures (42 U.S.C. 6314), labeling harmonize its reporting scope with that Residential clothes washers; (8) Clothes provisions (42 U.S.C. 6315), and the of the FTC such that only basic models dryers; (9) Direct heating equipment; authority to require information and in current production be included in the (10) Cooking products; (11) Pool heaters; reports from manufacturers (42 U.S.C. reporting scope rather than DOE’s (12) Television sets; (13) Fluorescent 6316). current scope which indicates models lamp ballasts; (14) General service DOE is seeking to renew its being sold or offered for sale must be fluorescent lamps, general service information collection related to the reported. The recommendation also incandescent lamps, and incandescent following aspects of the appliance urged DOE to eliminate annual reflector lamps; (15) Faucets; (16) standards program: (1) Gathering data reporting such that reporting would be Showerheads; (17) Water closets; (18) and submitting certification and required only when a model is added, Urinals; (19) Ceiling fans; (20) Ceiling compliance reports for each basic model removed, or changed in a way that fan light kits; (21) Torchieres; (22) distributed in commerce in the U.S. changes energy use. (The Joint including supplemental testing Commenters, No. 3 at p. 2) 1 All references to EPCA in this document refer instructions for certain commercial DOE is not considering amending its to the statute as amended through the Energy Act equipment; (2) maintaining records regulations as part of this notice, of 2020, Public Law 116–260 (Dec. 27, 2020). underlying the certified ratings for each 2 For editorial reasons, upon codification in the however, it will consider these U.S. Code, Part B was redesignated Part A. basic model including test data and the comments in any future rulemakings 3 For editorial reasons, upon codification in the associated calculations; (3) applications that address certification requirements. U.S. Code, Part C was redesignated Part A–1. for a test procedure waiver, which

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manufacturers may elect to submit if Act’’). That law exempted Manufacturers also may rely on CCMS they manufacture a basic model that manufacturers of certain external power reporting to satisfy certain reporting cannot be tested pursuant to the DOE supplies (‘‘EPSs’’) that were made requirements established by the FTC. test procedure; (4) applications available as service and spare parts for EPCA directs the FTC generally to requesting an extension of the date by end-use products manufactured before prescribe labeling rules for the which representations must be made in February 10, 2016, from the energy consumer products subject to energy accordance with any new or amended conservation standards that DOE conservation standards under EPCA. (42 DOE test procedure; and (5) labeling. promulgated in its February 2014 rule. U.S.C. 6296) The required labels DOE’s certification and compliance See 79 FR 7846 (Feb. 10, 2014). generally must disclose the estimated activities ensure accurate and Additionally, the Service Parts Act annual operating cost of such product comprehensive information about the permits DOE to require manufacturers of (determined in accordance with Federal energy and water use characteristics of an EPS that is exempt from the 2016 test procedures); and information covered products and covered standards to report to DOE the total respecting the range of estimated annual equipment sold in the United States. number of such EPS units that are operating costs for covered products to Manufacturers of all covered products shipped annually as service and spare which the rule applies. (42 U.S.C and covered equipment must submit a parts and that do not meet those 6296(c)(1)) Pursuant to EPCA, the FTC certification report before a basic model standards. (42 U.S.C. 6295(u)(5)(A)(ii)) prescribed the Energy Labeling Rule, is distributed in commerce, annually DOE may also limit the applicability of which in part, requires manufacturers to thereafter,4 and if the basic model is the exemption if the Secretary attach yellow EnergyGuide labels to redesigned in such a manner to increase determines that the exemption is many of the covered consumer the consumption or decrease the resulting in a significant reduction of products. See 16 CFR part 305. efficiency of the basic model such that the energy savings that would result in EnergyGuide labels for most products the certified rating is no longer the absence of the exemption. (42 U.S.C. subject to the FTC labeling requirement supported by the test data. Additionally, 6295(u)(5)(A)(iii)) In a final rule contain three key disclosures: Estimated manufacturers must report when published on May 16, 2016, DOE annual energy cost (16 CFR 305.5); a production of a basic model has ceased adopted reporting requirements for EPS product’s energy consumption or energy and is no longer offered for sale as part manufacturers to provide the total efficiency rating as determined from of the next annual certification report number of exempt EPS units sold as DOE test procedures (Id.); and a following such cessation. DOE requires service and spare parts for which the comparability range displaying the the manufacturer of any covered manufacturer is claiming exemption highest and lowest energy costs or product or covered equipment to from the current standards. 81 FR efficiency ratings for all similar models establish, maintain, and retain the 30157. (16 CFR 305.10). records of certification reports, of the On April 30, 2015, Congress enacted The Energy Labeling Rule also underlying test data for all certification the Energy Efficiency Improvement Act contains reporting requirements for testing, and of any other testing of 2015 (Pub. L. 114–11, ‘‘Energy most products, under which conducted to satisfy the requirements of Efficiency Improvement Act’’). That law manufacturers must submit data to the part 429, part 430, and/or part 431. established definitions and energy FTC both when they begin Certification reports provide DOE and conservation standards for grid-enabled manufacturing new models and on an consumers with comprehensive, up-to- water heaters that DOE promulgated in annual basis thereafter. 16 CFR 305.8. date efficiency information and support its August 2015 Final Rule. See 80 FR These reports must contain, among effective enforcement. 48004 (Aug. 11, 2015). Additionally, the other things, estimated annual energy As the result of a negotiated Energy Efficiency Improvement Act consumption or energy efficiency rulemaking, DOE adopted additional mandates DOE to require manufacturers ratings, similar to what is required certification requirements for of grid-enabled water heaters to report under DOE’s reporting requirement. Id. commercial HVAC, water heater, and to DOE the total number of such units Prior to 2013, FTC collected energy data refrigeration equipment. Specifically, that are shipped annually. (42 U.S.C. on products subject to the Energy DOE requires manufacturers of 6295(e)(6)(C)(i)). Labeling Rule separate from DOE commercial refrigeration equipment and DOE currently requires manufacturers through paper and email submissions to some types of commercial HVAC or their party representatives to prepare the FTC. This arrangement required equipment to submit a PDF with and submit certification reports and manufacturers to submit nearly specific testing instructions to be used compliance statements using DOE’s duplicative reports to DOE and FTC. by the Department during verification electronic Web-based tool, the However, in 2013 the FTC and enforcement testing. Manufacturers Compliance and Certification streamlined and harmonized its of commercial water heating equipment Management System (CCMS), which is reporting requirements by giving and some types of commercial HVAC the primary mechanism for submitting manufacturers the option to report FTC- equipment have the option of certification reports to DOE. CCMS required data through DOE’s CCMS, in submitting a PDF with additional testing currently has product and equipment lieu of the traditional practice of instructions at the manufacturer’s specific templates which manufacturers submitting directly to FTC. 78 FR 2200 discretion. For additional information are required to use when submitting (Jan. 10, 2013); 16 CFR 305.8(a)(1). As on the negotiated rulemaking or certification data to DOE. DOE believes such, the CCMS reduces duplicative supplemental testing instructions see the availability of electronic filing reporting for manufacturers of covered docket number EERE–2013–BT–NOC– through the CCMS system reduces consumer products that are also 0023. reporting burdens, streamlines the required to report under the FTC Energy On December 18, 2014, Congress process, and provides the Department Label Rule. enacted the EPS Service Parts Act of with needed information in a DOE allows manufacturers of both 2014 (Pub. L. 113–263, ‘‘Service Parts standardized, more accessible form. consumer products and/or commercial This electronic filing system also equipment to apply for a test procedure 4 With the exception of electric motors, and small ensures that records are recorded in a waiver. Manufacturers may submit an electric motors. permanent, systematic way. application for a test procedure waiver

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at his or her discretion if it is (7) Annual Estimated Number of Docket Numbers: ER20–1148–001. determined that the basic model for Burden Hours: 773,060 (35 hours per Applicants: American Transmission which the petition for waiver was certification, including the time for Systems, Incorporated, PJM submitted contains one or more design reviewing instructions, searching Interconnection, L.L.C. characteristics that prevents testing of existing data sources, gathering and Description: Compliance filing: the basic model according to the maintaining the data needed, and FirstEnergy submits on behalf of ATSI et prescribed test procedures, or if the completing and reviewing the collection al. OIA, SA No. 2853 Compliance Part prescribed test procedures may evaluate of information; 16 additional hours for 1 to be effective 5/1/2020. the basic model in a manner so creating supplement testing instructions Filed Date: 2/10/21. unrepresentative of its true energy for commercial HVAC, water heating, Accession Number: 20210210–5035. consumption characteristics as to and refrigeration equipment Comments Due: 5 p.m. ET 3/3/21. provide materially inaccurate manufacturers; 160 hours for test Docket Numbers: ER20–1148–002. comparative data. The Department procedure waiver preparation; 160 Applicants: American Transmission currently uses and will continue to use hours for representation extension Systems, Incorporated., PJM the information submitted in the request preparation; 1 hour for creating Interconnection, L.L.C. application for a waiver as the basis for and applying a label for walk-in cooler Description: Compliance filing: granting or denying the petition. See 10 and freezer, commercial and industrial FirstEnergy submits on behalf of ATSI et CFR 430.27 for additional information pump, and electric motor al. OIA, SA No. 2853 Compliance Part on petitions for waivers and for manufacturers); 2 to be effective 5/1/2020. consumer products. See 10 CFR 431.401 (8) Annual Estimated Reporting and Filed Date: 2/10/21. for additional information on petitions Recordkeeping Cost Burden: Accession Number: 20210210–5036. for waivers for commercial equipment. $77,306,000. Comments Due: 5 p.m. ET 3/3/21. DOE also allows manufacturers of both consumer products and/or Statutory Authority Docket Numbers: ER21–1076–000. commercial equipment to submit Section 326(d) of the Energy Policy Applicants: Southwest Power Pool, applications requesting an extension of and Conservation Act, Public Law 94– Inc. the date by which representations must 163, as amended (42 U.S.C. 6296); 10 Description: § 205(d) Rate Filing: 3206 be made in accordance with any new or CFR parts 429, 430, and 431. WAPA–UGP & Northern States Power amended DOE test procedure. DOE may Company Att AO Cancel to be effective grant extensions of up to 180 days if it Signing Authority 12/31/2020. determines that making such This document of the Department of Filed Date: 2/10/21. representations would impose an undue Energy was signed on February 11, Accession Number: 20210210–5016. hardship on the petitioner. The 2021, by Kelly Speaks-Backman, Acting Comments Due: 5 p.m. ET 3/3/21. Department currently uses and will Assistant Secretary for Energy Efficiency Docket Numbers: ER21–1077–000. continue to use the information and Renewable Energy, pursuant to Applicants: Southwest Power Pool, submitted in these applications as the delegated authority from the Acting Inc. basis for granting or denying the Secretary of Energy. That document Description: § 205(d) Rate Filing: 3207 petition. with the original signature and date is WAPA–UGP & Montana-Dakota Utilities In addition to the FTC labeling maintained by DOE. For administrative Att AO Cancellation to be effective requirements for consumer products purposes only, and in compliance with 12/31/2020. discussed, EPCA directs DOE to requirements of the Office of the Federal Filed Date: 2/10/21. establish labeling requirements for Register, the undersigned DOE Federal Accession Number: 20210210–5023. covered industrial and commercial Register Liaison Officer has been Comments Due: 5 p.m. ET 3/3/21. equipment when specified criteria is authorized to sign and submit the Docket Numbers: ER21–1078–000. met. If the Department has prescribed document in electronic format for Applicants: Southwest Power Pool, test procedures for any class of covered publication, as an official document of Inc. equipment, a labeling rule applicable to the Department of Energy. This Description: § 205(d) Rate Filing: 3208 such class of covered equipment must administrative process in no way alters WAPA–UGP & Otter Tail Power be prescribed. (42 U.S.C. 6315(a)) EPCA, the legal effect of this document upon Company Att AO Cancellation to be however, requires that certain criteria publication in the Federal Register. effective 12/31/2020. must be met prior to DOE prescribing a Filed Date: 2/10/21. given labeling rule. Specifically, DOE Signed in Washington, DC, on February 11, 2021. Accession Number: 20210210–5025. must determine that: (1) Labeling is Comments Due: 5 p.m. ET 3/3/21. technologically and economically Treena V. Garrett, feasible with respect to any particular Federal Register Liaison Officer, U.S. Docket Numbers: ER21–1079–000. equipment class; (2) significant energy Department of Energy. Applicants: Southwest Power Pool, savings will likely result from such [FR Doc. 2021–03154 Filed 2–16–21; 8:45 am] Inc. labeling; and (3) labeling is likely to BILLING CODE 6450–01–P Description: § 205(d) Rate Filing: 3239 assist consumers in making purchasing WAPA–UGP & Montana-Dakota Utilities decisions. (42 U.S.C. 6315(h)) DOE has Co. Att AO Cancel to be effective established labeling requirements under DEPARTMENT OF ENERGY 12/31/2020. the authority in 42 U.S.C. 6315 for Filed Date: 2/10/21. Federal Energy Regulatory Accession Number: 20210210–5026. electric motors (10 CFR 431.31), walk-in Commission coolers and freezers (10 CFR 431.305), Comments Due: 5 p.m. ET 3/3/21. and pumps (10 CFR 431.466). Combined Notice of Filings #1 Docket Numbers: ER21–1080–000. (5) Annual Estimated Number of Applicants: Southwest Power Pool, Respondents: 2,000; Take notice that the Commission Inc. (6) Annual Estimated Number of received the following electric rate Description: § 205(d) Rate Filing: Total Responses: 20,000; filings: Revisions to Attachment J Schedule 2 to

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Remove Facilities to be effective Description: Tariff Cancellation: Dated: February 10, 2021. 4/12/2021. Notice of Cancellation of WMPA, SA Nathaniel J. Davis, Sr., Filed Date: 2/10/21. No. 4918; Queue No. AC2–072 to be Deputy Secretary. Accession Number: 20210210–5041. effective 3/22/2021. [FR Doc. 2021–03145 Filed 2–16–21; 8:45 am] Comments Due: 5 p.m. ET 3/3/21. Filed Date: 2/10/21. BILLING CODE 6717–01–P Docket Numbers: ER21–1081–000. Accession Number: 20210210–5077. Applicants: Eagle Creek Racine Comments Due: 5 p.m. ET 3/3/21. Hydro, LLC. DEPARTMENT OF ENERGY Docket Numbers: ER21–1088–000. Description: Baseline eTariff Filing: Market Based Rate Application with Applicants: New York Independent Federal Energy Regulatory Requests for Status, Waivers, and System Operator, Inc., Niagara Mohawk Commission Power Corporation. Expedition to be effective 4/11/2021. [Docket No. CP21–44–000] Filed Date: 2/10/21. Description: § 205(d) Rate Filing: Joint Accession Number: 20210210–5042. SGIA among NYISO, NMPC and LA Storage, LLC; Notice of Applcation Comments Due: 5 p.m. ET 3/3/21. SunEast Watkins Road Solar (SA2591) and Establishing Intervention Deadline to be effective 1/27/2021. Docket Numbers: ER21–1082–000. Take notice that on January 29, 2021, Applicants: Tucson Electric Power Filed Date: 2/10/21. LA Storage, LLC (LA Storage), 1500 Post Company. Accession Number: 20210210–5081. Oak Blvd., Suite 1000, Houston, Texas Description: § 205(d) Rate Filing: Comments Due: 5 p.m. ET 3/3/21. 77056, filed in the above referenced Service Agreement for Firm Long Term Docket Numbers: ER21–1089–000. docket an application pursuant to Transmission Service to be effective Applicants: PJM Interconnection, section 7(c) of the Natural Gas Act 1/11/2021. L.L.C. (NGA) and Parts 157 and 284 of the Filed Date: 2/10/21. Description: Tariff Cancellation: Commission’s regulations to construct Accession Number: 20210210–5050. Notice of Cancellation of WMPA, SA and operate a new natural gas storage Comments Due: 5 p.m. ET 3/3/21. No. 4953; Queue No. AC2–074 to be and transmission facilities (the Docket Numbers: ER21–1083–000. effective 3/22/2021. Hackberry Storage Project) located in Applicants: Southwest Power Pool, Filed Date: 2/10/21. Cameron and Calcasieu Parishes, Inc. Louisiana. Specifically, LA Storage Description: § 205(d) Rate Filing: Accession Number: 20210210–5082. Comments Due: 5 p.m. ET 3/3/21. request to convert three existing salt Revisions to Clarify that No Project May dome caverns to natural gas storage Be Authorized from 20-Year Assessment Take notice that the Commission service and develop one new salt dome to be effective 4/12/2021. received the following electric securities cavern, as well as construct Filed Date: 2/10/21. filings: approximately 11.1 miles of 42-inch Accession Number: 20210210–5054. Docket Numbers: ES21–30–000. diameter natural gas pipeline, Comments Due: 5 p.m. ET 3/3/21. Applicants: Northern Maine compression, and appurtenant facilities. Docket Numbers: ER21–1084–000. Independent Administrator. LA Storage request the approval of Applicants: PJM Interconnection, Description: Application under market-based rates for the Hackberry L.L.C. Section 204 of the Federal Power Act for Storage project, all as more fully set Description: § 205(d) Rate Filing: Authorization to Issue Securities for forth in the request which is on file with Original WMPA 5966; Queue No. AF1– Northern Maine Independent the Commission and open to public 174 to be effective 1/11/2021. Administrator, Inc. inspection. Filed Date: 2/10/21. LA Storage’s application states that a Accession Number: 20210210–5062. Filed Date: 2/10/21. Accession Number: 20210210–5074. water quality certificate under section Comments Due: 5 p.m. ET 3/3/21. 401 of the Clean Water Act is required Comments Due: 5 p.m. ET 3/3/21 Docket Numbers: ER21–1085–000. for the project from the Louisiana Applicants: Midcontinent The filings are accessible in the Department of Environmental Quality. Independent System Operator, Inc., Commission’s eLibrary system (https:// The request for certification must be Otter Tail Power Company. elibrary.ferc.gov/idmws/search/ submitted to the certifying agency and Description: § 205(d) Rate Filing: fercgensearch.asp) by querying the to the Commission concurrently. Proof 2021–02–10_SA 3633 OTP–MDU T–T docket number. of the certifying agency’s receipt date (Oakes Ellendale) to be effective Any person desiring to intervene or must be filed no later than five (5) days 1/19/2021. protest in any of the above proceedings after the request is submitted to the Filed Date: 2/10/21. must file in accordance with Rules 211 certifying agency. Accession Number: 20210210–5064. and 214 of the Commission’s In addition to publishing the full text Comments Due: 5 p.m. ET 3/3/21. Regulations (18 CFR 385.211 and of this document in the Federal Docket Numbers: ER21–1086–000. 385.214) on or before 5:00 p.m. Eastern Register, the Commission provides all Applicants: PJM Interconnection, time on the specified comment date. interested persons an opportunity to L.L.C. Protests may be considered, but view and/or print the contents of this Description: § 205(d) Rate Filing: intervention is necessary to become a document via the internet through the Original WMPA, Service Agreement No. party to the proceeding. Commission’s Home Page (http:// 5976; Queue No. AF1–137 to be eFiling is encouraged. More detailed ferc.gov) using the ‘‘eLibrary’’ link. effective 1/11/2021. information relating to filing Enter the docket number excluding the Filed Date: 2/10/21. requirements, interventions, protests, last three digits in the docket number Accession Number: 20210210–5072. service, and qualifying facilities filings field to access the document. At this Comments Due: 5 p.m. ET 3/3/21. can be found at: http://www.ferc.gov/ time, the Commission has suspended Docket Numbers: ER21–1087–000. docs-filing/efiling/filing-req.pdf. For access to the Commission’s Public Applicants: PJM Interconnection, other information, call (866) 208–3676 Reference Room, due to the L.L.C. (toll free). For TTY, call (202) 502–8659. proclamation declaring a National

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Emergency concerning the Novel reference the Project docket number Commission orders issued in this Coronavirus Disease (COVID–19), issued (CP21–44–000) in your submission. proceeding and to subsequently by the President on March 13, 2020. For (1) You may file your comments challenge the Commission’s orders in assistance, contact the Federal Energy electronically by using the eComment the U.S. Circuit Courts of Appeal. Regulatory Commission at feature, which is located on the To intervene, you must submit a [email protected] or call Commission’s website at www.ferc.gov motion to intervene to the Commission toll-free, (886) 208–3676 or TYY, (202) under the link to Documents and in accordance with Rule 214 of the 502–8659. Filings. Using eComment is an easy Commission’s Rules of Practice and Any questions concerning this method for interested persons to submit Procedure 4 and the regulations under application should be directed to Jerrod brief, text-only comments on a project; the NGA 5 by the intervention deadline L. Harrison, 488 8th Avenue, San Diego, (2) You may file your comments for the project, which is March 3, 2021. California 92101, by telephone at (619) electronically by using the eFiling As described further in Rule 214, your 696–2987, or by email at jharrison@ feature, which is located on the motion to intervene must state, to the sempraglobal.com. Commission’s website (www.ferc.gov) extent known, your position regarding Pursuant to section 157.9 of the under the link to Documents and the proceeding, as well as your interest Commission’s Rules of Practice and Filings. With eFiling, you can provide in the proceeding. For an individual, Procedure,1 within 90 days of this comments in a variety of formats by this could include your status as a Notice the Commission staff will either: attaching them as a file with your landowner, ratepayer, resident of an Complete its environmental review and submission. New eFiling users must impacted community, or recreationist. first create an account by clicking on place it into the Commission’s public You do not need to have property ‘‘eRegister.’’ You will be asked to select record (eLibrary) for this proceeding; or directly impacted by the project in order the type of filing you are making; first issue a Notice of Schedule for to intervene. For more information select ‘‘General’’ and then select Environmental Review. If a Notice of about motions to intervene, refer to the ‘‘Comment on a Filing’’; or FERC website at https://www.ferc.gov/ Schedule for Environmental Review is (3) You can file a paper copy of your issued, it will indicate, among other resources/guides/how-to/intervene.asp. comments by mailing them to the All timely, unopposed motions to milestones, the anticipated date for the following address below.2 Your written intervene are automatically granted by Commission staff’s issuance of the final comments must reference the Project operation of Rule 214(c)(1). Motions to environmental impact statement (FEIS) docket number (CP21–44–000). intervene that are filed after the or environmental assessment (EA) for Kimberly D. Bose, Secretary, Federal intervention deadline are untimely and this proposal. The filing of an EA in the Energy Regulatory Commission, 888 may be denied. Any late-filed motion to Commission’s public record for this First Street NE, Washington, DC 20426. intervene must show good cause for proceeding or the issuance of a Notice The Commission encourages being late and must explain why the of Schedule for Environmental Review electronic filing of comments (options 1 time limitation should be waived and will serve to notify federal and state and 2 above) and has eFiling staff provide justification by reference to agencies of the timing for the available to assist you at (202) 502–8258 factors set forth in Rule 214(d) of the completion of all necessary reviews, and or [email protected]. Commission’s Rules and Regulations. A the subsequent need to complete all Persons who comment on the person obtaining party status will be federal authorizations within 90 days of environmental review of this project placed on the service list maintained by the date of issuance of the Commission will be placed on the Commission’s the Secretary of the Commission and staff’s FEIS or EA. environmental mailing list, and will will receive copies (paper or electronic) Public Participation receive notification when the of all documents filed by the applicant environmental documents (EA or EIS) and by all other parties. There are two ways to become are issued for this project and will be There are two ways to submit your involved in the Commission’s review of notified of meetings associated with the motion to intervene. In both instances, this project: You can file comments on Commission’s environmental review please reference the Project docket the project, and you can file a motion process. number (CP21–44–000) in your to intervene in the proceeding. There is The Commission considers all submission. no fee or cost for filing comments or comments received about the project in (1) You may file your motion to intervening. The deadline for filing a determining the appropriate action to be intervene by using the Commission’s motion to intervene is 5:00 p.m. Eastern taken. However, the filing of a comment eFiling feature, which is located on the Time on March 3, 2021. alone will not serve to make the filer a Commission’s website (www.ferc.gov) Comments party to the proceeding. To become a under the link to Documents and party, you must intervene in the Filings. New eFiling users must first Any person wishing to comment on proceeding. For instructions on how to create an account by clicking on the project may do so. Comments may intervene, see below. ‘‘eRegister.’’ You will be asked to select include statements of support or Interventions the type of filing you are making; first objections to the project as a whole or select ‘‘General’’ and then select Any person, which includes specific aspects of the project. The more ‘‘Intervention.’’ The eFiling feature individuals, organizations, businesses, specific your comments, the more useful includes a document-less intervention municipalities, and other entities,3 has they will be. To ensure that your option; for more information, visit the option to file a motion to intervene comments are timely and properly https://www.ferc.gov/docsfiling/ efiling/ in this proceeding. Only intervenors recorded, please submit your comments document-less-intervention.pdf.; or on or before March 3, 2021. have the right to request rehearing of (2) You can file a paper copy of your There are three methods you can use motion to intervene, along with three to submit your comments to the 2 Hand delivered submissions in docketed proceedings should be delivered to Health and copies, by mailing the documents to the Commission. In all instances, please Human Services, 12225 Wilkins Avenue, Rockville, Maryland 20852. 4 18 CFR 385.214. 1 18 CFR (Code of Federal Regulations) 157.9. 3 18 CFR 385.102(d). 5 18 CFR 157.10.

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address below.6 Your motion to time you spend researching proceedings Commenters can submit brief comments intervene must reference the Project by automatically providing you with up to 6,000 characters, without prior docket number (CP21–44–000). notification of these filings, document registration, using the eComment system Kimberly D. Bose, Secretary, Federal summaries, and direct links to the at https://ferconline.ferc.gov/ Energy Regulatory Commission, 888 documents. For more information and to QuickComment.aspx. You must include First Street NE, Washington, DC 20426. register, go to www.ferc.gov/docsfiling/ your name and contact information at The Commission encourages esubscription.asp. the end of your comments. For electronic filing of motions to intervene Intervention Deadline: 5:00 p.m. assistance, please contact FERC Online (option 1 above) and has eFiling staff Eastern Time on March 3, 2021. Support at FERCOnlineSupport@ available to assist you at (202) 502–8258 Dated: February 10, 2021. ferc.gov, (866) 208–3676 (toll free), or or [email protected]. (202) 502–8659 (TTY). In lieu of Kimberly D. Bose, Motions to intervene must be served electronic filing, you may submit a on the applicant either by mail or email Secretary. paper copy. Submissions sent via the at: 488 8th Avenue, San Diego, [FR Doc. 2021–03157 Filed 2–16–21; 8:45 am] U.S. Postal Service must be addressed California 92101 or at jharrison@ BILLING CODE 6717–01–P to: Kimberly D. Bose, Secretary, Federal sempraglobal.com. Any subsequent Energy Regulatory Commission, 888 submissions by an intervenor must be First Street NE, Washington, DC 20426. served on the applicant and all other DEPARTMENT OF ENERGY Submissions sent via any other carrier parties to the proceeding. Contact Federal Energy Regulatory must be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory information for parties can be Commission downloaded from the service list at the Commission, 12225 Wilkins Avenue, eService link on FERC Online. Service [Project No. 4428–011] Rockville, Maryland 20852. The first can be via email with a link to the page of any filing should include docket document. Walden Hydro, LLC; Notice of number P–4428–011. All timely, unopposed 7 motions to Application Ready for Environmental The Commission’s Rules of Practice intervene are automatically granted by Analysis and Soliciting Comments, require all intervenors filing documents operation of Rule 214(c)(1).8 Motions to Recommendations, Terms and with the Commission to serve a copy of intervene that are filed after the Conditions, and Prescriptions that document on each person on the official service list for the project. intervention deadline are untimely, and Take notice that the following Further, if an intervenor files comments may be denied. Any late-filed motion to hydroelectric application has been filed or documents with the Commission intervene must show good cause for with the Commission and is available relating to the merits of an issue that being late and must explain why the for public inspection. may affect the responsibilities of a time limitation should be waived and a. Type of Application: New Major particular resource agency, they must provide justification by reference to License. also serve a copy of the document on factors set forth in Rule 214(d) of the b. Project No.: P–4428–011. Commission’s Rules and Regulations.9 c. Date filed: May 29, 2020. that resource agency. k. This application has been accepted A person obtaining party status will be d. Applicant: Walden Hydro, LLC. and is now ready for environmental placed on the service list maintained by e. Name of Project: Walden analysis. the Secretary of the Commission and Hydroelectric Project. will receive copies (paper or electronic) The Council on Environmental f. Location: On the Wallkill River, in Quality (CEQ) issued a final rule on July of all documents filed by the applicant the Village of Walden, Orange County, and by all other parties. 15, 2020, revising the regulations under New York. The project does not occupy 40 CFR parts 1500–1518 that federal Tracking the Proceeding any federal land. agencies use to implement NEPA (see g. Filed Pursuant to: Federal Power Update to the Regulations Implementing Throughout the proceeding, Act 16 U.S.C. 791(a)–825(r). additional information about the project the Procedural Provisions of the h. Applicant Contact: Tim Carlsen, National Environmental Policy Act, 85 will be available from the Commission’s CEO, Hydroland, Inc.,1 403 Madison Office of External Affairs, at (866) 208– FR 43,304). The Final Rule became Ave. #240, Bainbridge Island, WA effective on and applies to any NEPA FERC, or on the FERC website at 98110; Phone at (844) 493–7612 or www.ferc.gov using the ‘‘eLibrary’’ link process begun after September 14, 2020. email at [email protected]. An agency may also apply the as described above. The eLibrary link i. FERC Contact: Samantha Pollak at also provides access to the texts of all regulations to ongoing activities and (202) 502–6419, or samantha.pollak@ environmental documents begun before formal documents issued by the ferc.gov. Commission, such as orders, notices, September 14, 2020, which includes the j. Deadline for filing comments, proposed Walden Project. Commission and rulemakings. recommendations, terms and In addition, the Commission offers a staff intends to conduct its NEPA review conditions, and prescriptions: 60 days in accordance with CEQ’s new free service called eSubscription which from the issuance date of this notice; allows you to keep track of all formal regulations. reply comments are due 105 days from l. The Walden Project consists of: (1) issuances and submittals in specific the issuance date of this notice. dockets. This can reduce the amount of A 417-foot-long (consisting of 165-foot- The Commission strongly encourages long east-west and 252-foot-long north- electronic filing. Please file scoping 6 south portions), V-shaped concrete dam Hand delivered submissions in docketed comments using the Commission’s proceedings should be delivered to Health and topped with 2-foot-high flashboards; (2) Human Services, 12225 Wilkins Avenue, Rockville, eFiling system at https:// an impoundment with a surface area of Maryland 20852. ferconline.ferc.gov/FERCOnline.aspx. 69 acres at the normal pool elevation of 7 The applicant has 15 days from the submittal of 321.3 feet National Geodetic Vertical a motion to intervene to file a written objection to 1 In a February 3, 2021 filing, the Commission the intervention. was notified that Enel Green Power North America, Datum of 1929 (NGVD29); (3) an intake 8 18 CFR 385.214(c)(1). Inc. transferred all its ownership interests for structure consisting of a 252-foot-long, 9 18 CFR 385.214(b)(3) and (d). Walden Hydro, LLC to Hydroland, Inc. 56-foot-wide, 18-foot-deep canal

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forebay; (4) a 6-foot-wide sluice gate for email of new filings and issuances Corporation, 1252 Post Road, Rutland, a minimum flow of 31 cfs; (5) four 40- related to this or other pending projects. VT 05701; Phone at (802) 770–2195, or foot-long steel penstocks; (6) a 60-foot- For assistance, contact FERC Online email at john.greenan@ long, 45-foot-wide, 29-foot-high Support. greenmountainpower.com. powerhouse containing three horizontal n. A license applicant must file no i. FERC Contact: Amanda Gill, (202) double-runner Francis turbine units later than 60 days following the date of 502–6773 or [email protected]. with actual ratings of 740 kilowatts issuance of this notice: (1) A copy of the j. Deadline for filing comments, (kW), 540 kW, and 360 kW, water quality certification; (2) a copy of recommendations, terms and respectively, for a total capacity of 1,640 the request for certification, including conditions, and prescriptions: 60 days kW; 2 (7) a 30-foot-long, 37-foot-wide proof of the date on which the certifying from the issuance date of this notice; tailrace; (8) a 230-foot-long bypassed agency received the request; or (3) reply comments are due 105 days from reach; (9) a 115-foot-long transmission evidence of waiver of water quality the issuance date of this notice. line from the project generators to a certification. The Commission strongly encourages New York State Electric and Gas o. Procedural schedule: The electronic filing. Please file comments, Corporation’s 4.16-kilovolt (kV) application will be processed according recommendations, terms and distribution line; (10) a substation with to the following schedule. Revisions to conditions, and prescriptions using the a single-phase 13.2-kV transformer; and the schedule will be made as Commission’s eFiling system at https:// (11) appurtenant facilities. appropriate. ferconline.ferc.gov/FERCOnline.aspx. Walden Hydro proposes to continue Commenters can submit brief comments operating the project in a run-of-river Milestone Target date up to 6,000 characters, without prior mode, with no changes to the existing registration, using the eComment system operation or facilities. Deadline for Filing Comments, April 2021. at https://ferconline.ferc.gov/ m. A copy of the application is Recommendations, and QuickComment.aspx. You must include available for review at the Commission Agency Terms and Condi- your name and contact information at in the Public Reference Room or may be tions/Prescriptions. the end of your comments. For viewed on the Commission’s website at Deadline for Filing Reply Com- May 2021. assistance, please contact FERC Online ments. http://www.ferc.gov using the Support at FERCOnlineSupport@ ‘‘eLibrary’’ link. Enter the docket ferc.gov, (866) 208–3676 (toll free), or number excluding the last three digits in Dated: February 10, 2021. (202) 502–8659 (TTY). In lieu of the docket number field to access the Kimberly D. Bose, electronic filing, you may submit a document. For assistance, contact FERC Secretary. paper copy. Submissions sent via the Online Support. A copy is also available [FR Doc. 2021–03156 Filed 2–16–21; 8:45 am] U.S. Postal Service must be addressed for inspection and reproduction at the BILLING CODE 6717–01–P to: Kimberly D. Bose, Secretary, Federal address in item h above. Energy Regulatory Commission, 888 All filings must (1) bear in all capital First Street NE, Room 1A, Washington, letters the title ‘‘COMMENTS’’, ‘‘REPLY DEPARTMENT OF ENERGY DC 20426. Submissions sent via any COMMENTS’’, other carrier must be addressed to: ‘‘RECOMMENDATIONS,’’ ‘‘TERMS Federal Energy Regulatory Kimberly D. Bose, Secretary, Federal AND CONDITIONS,’’ or Commission Energy Regulatory Commission, 12225 ‘‘PRESCRIPTIONS;’’ (2) set forth in the [Project No. 4451–024] Wilkins Avenue, Rockville, Maryland heading the name of the applicant and 20852. The first page of any filing the project number of the application to Green Mountain Power Corporation, should include docket number P–4451– which the filing responds; (3) furnish City of Somersworth, New Hampshire; 024. the name, address, and telephone Notice of Application Ready for The Commission’s Rules of Practice number of the person submitting the Environmental Analysis and Soliciting require all intervenors filing documents filing; and (4) otherwise comply with Comments, Recommendations, Terms with the Commission to serve a copy of the requirements of 18 CFR 385.2001 and Conditions, and Prescriptions that document on each person on the through 385.2005. All comments, official service list for the project. recommendations, terms and conditions Take notice that the following Further, if an intervenor files comments or prescriptions must set forth their hydroelectric application has been filed or documents with the Commission evidentiary basis and otherwise comply with the Commission and is available relating to the merits of an issue that with the requirements of 18 CFR 4.34(b). for public inspection. may affect the responsibilities of a Agencies may obtain copies of the a. Type of Application: Subsequent particular resource agency, they must application directly from the applicant. Minor License. also serve a copy of the document on Each filing must be accompanied by b. Project No.: 4451–024. that resource agency. proof of service on all persons listed on c. Date filed: April 30, 2020. k. This application has been accepted the service list prepared by the d. Applicants: Green Mountain Power and is ready for environmental analysis Commission in this proceeding, in and the City of Somersworth, New at this time. accordance with 18 CFR 4.34(b) and Hampshire. The Council on Environmental 385.2010. e. Name of Project: Lower Great Falls Quality (CEQ) issued a final rule on July You may also register online at http:// Hydroelectric Project. 15, 2020, revising the regulations under www.ferc.gov/docs-filing/ f. Location: On the Salmon Falls River 40 CFR parts 1500–1518 that federal esubscription.asp to be notified via in Strafford County, New Hampshire, agencies use to implement the National and York County, Maine. The project Environmental Policy Act (NEPA) (see 2 In an October 14, 2020 filing, Walden Hydro does not occupy federal land. Update to the Regulations Implementing stated that although the total rated capacity of the g. Filed Pursuant to: Federal Power the Procedural Provisions of the project as stated in the license application is 2,110 Act 16 U.S.C. 791(a)–825(r). kW (980 kW, 630 kW, and 500 kW), the maximum National Environmental Policy Act, 85 achievable output from each turbine/generator unit h. Applicant Contact: Mr. John FR 43,304). The Final Rule became is lower than the stated capacities. Greenan, Green Mountain Power effective on and applies to any NEPA

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process begun after September 14, 2020. the project was 3,916,825 kilowatt-hours the schedule will be made as An agency may also apply the from 2005 through 2018. appropriate. regulations to ongoing activities and The applicant proposes to: (1) environmental documents begun before Continue operating the project in a ROR Milestone Target date September 14, 2020, which includes the mode; (2) provide a minimum flow of 30 proposed Lower Great Falls cfs or inflow, whichever is less, to the Deadline for filing comments, April 2021. Hydroelectric Project relicensing. bypassed reach; (3) install an eel ramp recommendations, prelimi- nary terms and conditions, Commission staff intends to conduct its for upstream eel passage at the project; and preliminary fishway pre- NEPA review in accordance with CEQ’s (4) implement targeted nighttime scriptions. new regulations. turbine shutdowns to protect eels Deadline for filing reply com- May 2021. l. Project Description: The existing during downstream passage; and (5) ments. Lower Great Falls Hydroelectric Project install a downstream fish passage consists of: (1) A 297-foot-long, 32-foot- structure for eels and other fish species. p. Final amendments to the high stone masonry and concrete dam m. A copy of the application can be application must be filed with the that includes the following sections: (a) viewed on the Commission’s website at Commission no later than 30 days from a 176-foot-long spillway section with a http://www.ferc.gov using the the issuance date of this notice. crest elevation of 102.37 feet National ‘‘eLibrary’’ link. Enter the docket Dated: February 10, 2021. Geodetic Vertical Datum of 1929 number excluding the last three digits in (NGVD) and 4-foot-high flashboards at the docket number field to access the Kimberly D. Bose, an elevation of 106.37 feet NGVD at the document. For assistance, contact FERC Secretary. top of the flashboards; (b) a 50-foot-long Online Support. [FR Doc. 2021–03159 Filed 2–16–21; 8:45 am] left abutment section with two 8-foot- All filings must: (1) Bear in all capital BILLING CODE 6717–01–P wide, 8-foot-high low-level outlet gates letters the title ‘‘COMMENTS,’’ ‘‘REPLY (only one of which is operational), that COMMENTS,’’ control flow into two 7-foot-diameter, ‘‘RECOMMENDATIONS,’’ ‘‘TERMS DEPARTMENT OF ENERGY 40-foot-long outlet pipes; and (c) a 71- AND CONDITIONS,’’ or Federal Energy Regulatory foot-long right abutment section; (2) a ‘‘PRESCRIPTIONS;’’ (2) set forth in the Commission 40-acre impoundment with a normal heading the name of the applicant and the project number of the application to elevation of 106.37 feet NGVD; (3) a Combined Notice of Filings 40.5-foot-wide, 20-foot-high intake which the filing responds; (3) furnish structure with four 5-foot-wide, 10.5- the name, address, and telephone Take notice that the Commission has foot-high steel frame gates and a number of the person submitting the received the following Natural Gas trashrack with 2-inch bar spacing; (4) an filing; and (4) otherwise comply with Pipeline Rate and Refund Report filings: 8.5-foot-diameter, 120-foot-long steel the requirements of 18 CFR 385.2001 Docket Number: PR21–28–000. penstock that bifurcates into a 5.3-foot- through 385.2005. All comments, Applicants: Columbia Gas of Ohio, diameter, 85-foot-long section and a 7.6- recommendations, terms and Inc. foot-diameter, 85-foot-long section; (5) conditions, or prescriptions must set Description: Tariff filing per an 8.5-foot-diameter, 140-foot-long steel forth their evidentiary basis and 284.123(b),(e)/: COH Rates effective Jan penstock that bifurcates into a 7-foot- otherwise comply with the requirements 29 2021 to be effective 1/29/2021 under diameter, 85-foot-long section and a 7.6- of 18 CFR 4.34(b). Agencies may obtain PR21–28. foot-diameter, 85-foot-long section; (6) a copies of the application directly from Filed Date: 2/9/2021. 46-foot-long, 30-foot-wide concrete and the applicant. Each filing must be Accession Number: 202102095078. brick powerhouse with two 260-kilowatt accompanied by proof of service on all Comments/Protests Due: 5 p.m. ET 3/ (kW) F-type Francis turbine-generator persons listed on the service list 2/2021. units and two 380-kW F-type Francis prepared by the Commission in this Docket Numbers: RP21–427–001. turbine-generator units, for a total proceeding, in accordance with 18 CFR Applicants: LA Storage, LLC. installed capacity of 1.28 megawatts; (7) 4.34(b) and 385.2010. Description: Tariff Amendment: Filing a 55-foot-long, 30-foot-wide tailrace; (8) You may also register online at http:// of Negotiated Rate, Conforming IW a 260-foot-long underground www.ferc.gov/docs-filing/ Agreements (Amendment) to be transmission line that delivers power to esubscription.asp to be notified via effective 1/1/2021. a 4.16-kilovolt distribution line; and (9) email of new filings and issuances Filed Date: 2/8/21. appurtenant facilities. The project related to this or other pending projects. Accession Number: 20210208–5127. creates a 250-foot-long bypassed reach For assistance, contact FERC Online Comments Due: 5 p.m. ET 2/22/21. of the Salmon Falls River between the Support. Docket Numbers: RP20–1111–004. dam and the downstream end of the n. The applicant must file no later Applicants: Transcontinental Gas tailrace. than 60 days following the date of Pipe Line Company, LLC. The project operates as a run-of-river issuance of this notice: (1) A copy of the Description: Compliance filing GT&C (ROR) facility with no storage or flood water quality certification; (2) a copy of Section 49—Bid Evaluation— control capacity. The project the request for certification, including Compliance Filing 2 to be effective 3/ impoundment is maintained at a proof of the date on which the certifying 12/2021. flashboard crest elevation of 106.37 feet agency received the request; or (3) Filed Date: 2/9/21. NGVD. The current license requires the evidence of waiver of water quality Accession Number: 20210209–5081. project to maintain a continuous certification. Please note that the Comments Due: 5 p.m. ET 2/22/21. minimum flow of 6.05 cubic feet per certification request must be sent to the Docket Numbers: RP21–466–000. second (cfs) or inflow, whichever is less, certifying authority and to the Applicants: Viking Gas Transmission to the bypassed reach for the purpose of Commission concurrently. Company. protecting and enhancing aquatic o. Procedural Schedule: The Description: § 4(d) Rate Filing: resources in the Salmon Falls River. The application will be processed according Negotiated Rate PAL Agreement—World average annual generation production of to the following schedule. Revisions to Fuel to be effective 2/10/2021.

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Filed Date: 2/9/21. RE Slate 1 LLC ...... EG21–38–000 Instructions: All submissions received Accession Number: 20210209–5132. Haystack Wind Project, LLC EG21–39–000 must include the Docket ID No. for this Comments Due: 5 p.m. ET 2/22/21. KCE TX 11, LLC ...... EG21–41–000 notice. Comments received may be Docket Numbers: RP21–467–000. KCE TX 12, LLC ...... EG21–42–000 posted without change to https:// Applicants: Alliance Pipeline L.P. Take notice that during the month of www.regulations.gov, including any Description: § 4(d) Rate Filing: Future January 2021, the status of the above- personal information provided. For Sales of Capacity Filing to be effective captioned entities as Exempt Wholesale detailed instructions on sending 3/11/2021. Generators became effective by comments and additional information Filed Date: 2/9/21. operation of the Commission’s on this action, see the ‘‘Public Accession Number: 20210209–5137. regulations. 18 CFR 366.7(a) (2020). Participation’’ heading of the Comments Due: 5 p.m. ET 2/22/21. Dated: February 10, 2021. SUPPLEMENTARY INFORMATION section of this document. Out of an abundance of The filings are accessible in the Nathaniel J. Davis, Sr., Commission’s eLibrary system (https:// caution for members of the public and Deputy Secretary. elibrary.ferc.gov/idmws/search/ our staff, the EPA Docket Center and fercgensearch.asp) by querying the [FR Doc. 2021–03148 Filed 2–16–21; 8:45 am] Reading Room are closed to the public, docket number. BILLING CODE 6717–01–P with limited exceptions, to reduce the Any person desiring to intervene or risk of transmitting COVID–19. Our protest in any of the above proceedings Docket Center staff will continue to must file in accordance with Rules 211 ENVIRONMENTAL PROTECTION provide remote customer service via and 214 of the Commission’s AGENCY email, phone, and webform. We Regulations (18 CFR 385.211 and [EPA–HQ–OAR–2021–0048; FRL–10020–32– encourage the public to submit 385.214) on or before 5:00 p.m. Eastern OAR] comments via https:// time on the specified comment date. www.regulations.gov or email, as there Protests may be considered, but Access by EPA Contractors to may be a delay in processing mail and intervention is necessary to become a Information Claimed as Confidential faxes. Hand deliveries and couriers may party to the proceeding. Business Information be received by scheduled appointment eFiling is encouraged. More detailed only. For further information on EPA AGENCY: Environmental Protection information relating to filing Docket Center services and the current Agency (EPA). requirements, interventions, protests, status, please visit us online at https:// ACTION: service, and qualifying facilities filings Notice of Contractor/ www.epa.gov/dockets. Subcontractor Access to Data and can be found at: http://www.ferc.gov/ FOR FURTHER INFORMATION CONTACT: Request for Comments. docs-filing/efiling/filing-req.pdf. For Anne-Marie Pastorkovich, other information, call (866) 208–3676 SUMMARY: The Environmental Protection Environmental Protection Agency, (toll free). For TTY, call (202) 502–8659. Agency (EPA) plans to authorize various telephone number: 202–343–9623; Dated: February 10, 2021. contractors to access information that is email address: pastorkovich.anne- Nathaniel J. Davis, Sr., submitted to EPA and which may be [email protected]. Deputy Secretary. claimed as, or may be determined to be, SUPPLEMENTARY INFORMATION: [FR Doc. 2021–03146 Filed 2–16–21; 8:45 am] confidential business information (CBI). The information is related to EPA’s fuel I. Does this notice apply to me? BILLING CODE 6717–01–P quality programs. This action is directed to the general DATES: Comments must be received on public. However, this action may be of DEPARTMENT OF ENERGY or before February 22, 2021. particular interest to parties who submit ADDRESSES: You may send comments, information to EPA regarding various Federal Energy Regulatory identified by Docket ID No EPA–HQ– fuel standards, such as the standards for Commission OAR–2021–0048, by any of the reformulated and conventional gasoline, following methods: regulated blendstocks, diesel fuel, and Notice of Effectiveness of Exempt • Federal eRulemaking Portal: detergent under 40 CFR part 1090, and Wholesale Generator Status Submit your comments at https:// for which a final rule was published in Beowawe Power, LLC ...... EG21–20–000 www.regulations.gov (our preferred the Federal Register on December 4, Cameron Ridge, LLC ...... EG21–21–000 method). Follow the online instructions 2020.1 Parties who may be interested in Cameron Ridge II, LLC ...... EG21–22–000 for submitting comments. this action include fuel manufacturers DifWind Farms LTD VI ...... EG21–23–000 • Email: Email your comments to a- (such as refiners and importers), Terra-Gen Dixie Valley, LLC EG21–24–000 manufacturers of fuel additives, parties Garnet Wind, LLC ...... EG21–25–000 [email protected]. Include Docket Pacific Crest Power, LLC ..... EG21–26–000 ID No. EPA–HQ–OAR–2021–0048 in the in the fuel distribution chain, and all Ridgetop Energy, LLC ...... EG21–27–000 subject line of the message. those who submit 40 CFR part 1090 San Gorgonio Westwinds II, EG21–28–000 • Mail: U.S. Environmental registrations or reports to EPA via any LLC. Protection Agency, EPA Docket Center, method or system. Such systems San Gorgonio Westwinds EG21–29–000 Air & Radiation Docket, Mail Code include the EPA Central Data Exchange II—Windustries, LLC. 28221T, 1200 Pennsylvania Avenue (CDX), DCFUEL, OTAQReg, and the Terra-Gen Mojave EG21–30–000 NW, Washington, DC 20460. EPA Moderated Transaction System Windfarms, LLC. • Hand Delivery or Courier (by (EMTS). (Please note that EPA recently Terra-Gen VG Wind, LLC .... EG21–31–000 scheduled appointment only): EPA published a similar notice to this one, Texas Big Spring, LLC ...... EG21–32–000 Yavi Energy, LLC ...... EG21–33–000 Docket Center, WJC West Building, announcing the release of information to Hecate Energy Ramsey LLC EG21–34–000 Room 3334, 1301 Constitution Avenue contractors and relative to various fuels Flat Ridge Interconnection EG21–35–000 NW, Washington, DC 20004. The Docket programs under 40 CFR parts 79 and 80. LLC. Center’s hours of operations are 8:30 Central Line Solar, LLC ...... EG21–36–000 a.m.–4:30 p.m., Monday–Friday (except 1 See ‘‘Fuels Regulatory Streamlining’’—Final Luna Storage, LLC ...... EG21–37–000 Federal Holidays). Rule, 85 FR 78412 (December 4, 2020).

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That notice, published on October 26, EPA continues to carefully and CFR part 1090 includes information 2020, is unaffected by today’s notice.2) continuously monitor information from related to reformulated and This Federal Register notice may be the Centers for Disease Control and conventional gasoline, diesel fuel, of relevance to parties that submit data Prevention (CDC), local area health detergents, and regulated blendstocks. under the above-listed programs or departments, and our Federal partners Fuels program data is reviewed and systems. Since other parties may also be so that we can respond rapidly as assessed to determine the success of the interested, we have not attempted to conditions change regarding COVID–19. programs or to plan for regulatory improvements. We are issuing this describe all the specific parties that may III. Description of Programs and notice to inform all affected submitters be affected by this action. If you have Potential Disclosure of Information of information that we plan to grant further questions regarding the Claimed as Confidential Business access to material that may be claimed applicability of this action to a party, Information (CBI) to Contractors please contact the person listed in FOR as CBI to the contractors identified FURTHER INFORMATION CONTACT. EPA’s Office of Transportation and below on a need-to-know basis. Air Quality (OTAQ) has responsibility Under EPA Contract Number EP–C– II. Public Participation for protecting public health and the 16–012, General Dynamics Information Submit your comments, identified by environment by regulating air pollution Technology (GDIT) (located at 650 Peter Docket ID No. EPA–HQ–OAR–2021– from motor vehicles, engines, and the Jefferson Parkway, Suite 300, 0048 at https://www.regulations.gov fuels used to operate them, and by Charlottesville, VA 22911) provides (our preferred method), or the other encouraging travel choices that report processing, program support, methods identified in the ADDRESSES minimize emissions. In order to technical support and analysis and section. Once submitted, comments implement various Clean Air Act (CAA) information technology services that cannot be edited or removed from the programs, and to permit regulated involve access to information claimed as docket. EPA may publish any comment entities flexibility in meeting regulatory CBI related to 40 CFR part 1090. The received to its public docket. Do not requirements (e.g., compliance on following subcontractors of GDIT submit to EPA’s docket at https:// average), we collect compliance reports continue to provide work under this www.regulations.gov any information and other information from them. contract: • you consider to be confidential business Parties may claim the submitted CGI Federal, Inc., 12601 Fair Lakes information as CBI. Information Circle, Fairfax, VA 22033–4902; information (CBI) or other information • whose disclosure is restricted by statute. submitted under such a claim is Powersolv, Inc., 1801 Robert Fulton Multimedia submissions (audio, video, handled in accordance with EPA’s Drive, Suite 550, Reston, VA 20191; • Premier ITech, Inc., 8869 Grand etc.) must be accompanied by a written regulations at 40 CFR part 2, subpart B Ave., Beulah, CO 81023 (a subcontractor comment. The written comment is and in accordance with EPA of Powersolv, Inc.) considered the official comment and procedures, including comprehensive • Potomac Economics, LTD, 9990 should include discussion of all points system security planning. When EPA Fairfax Blvd., Suite 560, Fairfax, VA you wish to make. EPA will generally has determined that disclosure of 22030 not consider comments or comment information claimed as CBI to contractors is necessary, the Access to data by GDIT and its contents located outside of the primary subcontractors will begin March 1, 2021 submission (i.e. on the web, cloud, or corresponding contract must address the appropriate use and handling of the and will continue until June 30, 2021. other file sharing system). For information by the contractor and the If the contract is extended, this access additional submission methods, the full contractor must require its personnel will continue for the remainder of the EPA public comment policy, who require access to information contract without further notice. If the information about CBI or multimedia claimed as CBI to sign written non- contract expires prior to June 30, 2021, submissions, and general guidance on disclosure agreements before they are the access will cease at that time. If making effective comments, please visit granted access to data. GDIT employs additional subcontractors https://www.epa.gov/dockets/ In accordance with 40 CFR 2.301(h), to support EPA on a regular basis or on commenting-epa-dockets. we have determined that the a limited or one-time basis under the As mentioned above, EPA is contractors, subcontractors, and above-listed contract, and those suspending its Docket Center and grantees (collectively referred to as subcontractors require access to CBI, Reading Room for public visitors, with ‘‘contractors’’) listed below require EPA will notify interested parties of the limited exceptions, to reduce the risk of access to CBI submitted to us under the contemplated disclosure and provide transmitting COVID–19. Our Docket CAA and in connection with various them with an opportunity to comment Center staff will continue to provide programs related to the regulation of by publishing a notice in the Federal remote customer service via email, fuels under 40 CFR part 1090. OTAQ Register. phone, and webform. We encourage the collects this data in order to monitor Under Contract Number EP–C–16– public to submit comments via https:// compliance with CAA programs and, in 020, ICF Incorporated, LLC (located at www.regulations.gov as there may be a many cases, to permit regulated parties 9300 Lee Highway, Fairfax, VA 22031) delay in processing mail and faxes. flexibility in meeting regulatory provides technical support and data Hand deliveries or couriers will be requirements. Certain programs under analysis services that may involve received by scheduled appointment 40 CFR part 1090 are designed to permit access to information claimed as CBI only. For further information and regulated parties an opportunity to related to 40 CFR part 1090. Access to updates on EPA Docket Center services, comply on average, or to engage in data will begin March 1, 2021 and will please visit us online at https:// transactions using various types of continue until September 30, 2021. If www.epa.gov/dockets. credits. For example, parties that the contract is extended, this access will participate in programs that utilize continue for the remainder of the 2 See ‘‘Access by EPA Contractors to Information credits (e.g. the gasoline sulfur and contract without further notice. If the Claimed as Confidential Business Information (CBI) contract expires prior to September 30, Submitted Under Title II of the Clean Air Act and gasoline benzene program) submit Related Regulations,’’—Notice, 85 FR 67738 information related to credit 2021, the access will cease at that time. (October 26, 2020). transactions. Data submitted under 40 If ICF employs subcontractors to

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support EPA on a regular basis or on a ENVIRONMENTAL PROTECTION Center (EPA/DC) and Reading Room is limited or one-time basis under the AGENCY closed to visitors with limited above-listed contract, and those exceptions. The staff continues to [EPA–HQ–OPP–2021–0015; FRL–10019–58] subcontractors require access to CBI, provide remote customer service via EPA will notify interested parties of the Notice of Receipt of Requests To email, phone, and webform. For the contemplated disclosure and provide Voluntarily Cancel Certain Pesticide latest status information on EPA/DC them with an opportunity to comment Registrations services and docket access, visit https:// by publishing a notice in the Federal www.epa.gov/dockets. Register. AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: Agency (EPA). Under Contract Number Christopher Green, Registration Division 68HERD20A0004, Research Triangle ACTION: Notice. (7502P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Institute (RTI) (PO Box 12194, Research SUMMARY: In accordance with the Triangle Park, NC, 27709–2194) and its Pennsylvania Ave. NW, Washington, DC Federal Insecticide, Fungicide, and 20460–0001; telephone number: (703) subcontractors, Dr. Ruiqing Miao Rodenticide Act (FIFRA), EPA is issuing (Auburn University, Auburn, AL) and 347–0367; email address: a notice of receipt of requests by [email protected]. Dr. Madhu Khanna (University of registrants to voluntarily cancel certain SUPPLEMENTARY INFORMATION: Illinois at Urbana-Champaign, Urbana, pesticide registrations. EPA intends to IL), provide technical support and data grant these requests at the close of the I. General Information analysis services that may involve comment period for this announcement A. Does this action apply to me? access to information claimed as CBI unless the Agency receives substantive related to 40 CFR part 1090. Access to comments within the comment period This action is directed to the public data will begin March 1, 2021 and will that would merit its further review of in general, and may be of interest to a continue until July 19, 2021. If the the requests, or unless the registrants wide range of stakeholders including contract is extended, this access will withdraw its requests. In a previous environmental, human health, and continue for the remainder of the notice, FRL–10009–98, which posted on agricultural advocates; the chemical contract without further notice. If the June 5, 2020; the agency stated it was industry; pesticide users; and members contract expires prior to July 19, 2021, holding the registration 3573–73, for of the public interested in the sale, the access will cease at that time. If RTI further review of the comment received distribution, or use of pesticides. employs additional subcontractors to regarding the cancellation of the B. What should I consider as I prepare support EPA on a regular basis or on a product; the proposed P&G cancellation my comments for EPA? limited or one-time basis under the has been withdrawn. If these requests above-listed contract, and those are granted, any sale, distribution, or 1. Submitting CBI. Do not submit this subcontractors require access to CBI, use of products listed in this notice will information to EPA through EPA will notify interested parties of the be permitted after the registrations have regulations.gov or email. Clearly mark contemplated disclosure and provide been cancelled only if such sale, the part or all of the information that them with an opportunity to comment distribution, or use is consistent with you claim to be CBI. For CBI by publishing a notice in the Federal the terms as described in the final order. information in a disk or CD–ROM that you mail to EPA, mark the outside of the Register. DATES: Comments must be received on disk or CD–ROM as CBI and then EPA uses the services of Senior or before March 19, 2021. identify electronically within the disk or Environmental Employees (SEEs) whose ADDRESSES: Submit your comments, CD–ROM the specific information that involve access to information claimed as identified by docket identification (ID) is claimed as CBI. In addition to one CBI related to 40 CFR part 1090. These number EPA–HQ–OPP–2021–0015, by complete version of the comment that SEEs are provided under the following one of the following methods: includes information claimed as CBI, a two grants: Federal eRulemaking Portal: http:// copy of the comment that does not • National Association for Hispanic www.regulations.gov. Follow the online contain the information claimed as CBI Elderly (NAHE) (Grant Number instructions for submitting comments. must be submitted for inclusion in the 8399701), 234 E Colorado Boulevard, Do not submit electronically any public docket. Information so marked Suite 300, Pasadena, CA 91101; and information you consider to be will not be disclosed except in • Confidential Business Information (CBI) accordance with procedures set forth in Senior Service America, Inc. (Grant or other information whose disclosure is Number 839480001—Washington, DC; 40 CFR part 2. restricted by statute. 2. Tips for preparing your comments. and Grant Number 83967201—Ann Mail: OPP Docket, Environmental When preparing and submitting your Arbor, MI); 8403 Colesville Road, Suite Protection Agency Docket Center (EPA/ comments, see the commenting tips at 200, Silver Spring, MD 20910. DC), (28221T), 1200 Pennsylvania Ave. http://www.epa.gov/dockets/ Parties who want further information NW, Washington, DC 20460–0001. comments.html. about this notice or about OTAQ’s Christopher Green, Registration Division disclosure of information claimed as (7502P), Office of Pesticide Programs, II. What action is the Agency taking? CBI to contactors may contact the Environmental Protection Agency, 1200 This notice announces receipt by EPA person listed under FOR FURTHER Pennsylvania Ave. NW, Washington, DC of requests from registrants to cancel INFORMATION CONTACT. 20460–0001. ATTN: Christopher Green. certain pesticide products registered Hand Delivery: To make special Dated: February 10, 2021. under FIFRA section 3 (7 U.S.C. 136a) arrangements for hand delivery or or 24(c) (7 U.S.C. 136v(c)). The affected Byron J. Bunker, delivery of boxed information, please products and the registrants making the Director, Compliance Division, Office of follow the instructions at http:// requests are identified in Tables 1–2 of Transportation & Air Quality. www.epa.gov/dockets/contacts.html. this unit. [FR Doc. 2021–03170 Filed 2–16–21; 8:45 am] Due to the public health concerns Unless a request is withdrawn by the BILLING CODE 6560–50–P related to COVID–19, the EPA Docket registrant or if the Agency determines

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that there are substantive comments that Federal Register canceling the affected warrant further review of this request, registrations. EPA intends to issue an order in the

TABLE 1—PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION

Registration Company No. No. Product name Active ingredients

228–180 ...... 228 Riverdale 3-Way Weed and Feed with Triamine ...... MCPP–P, DMA salt; 2,4-DP-p, DMA salt & 2,4-D, di- methylamine salt. 228–184 ...... 228 Riverdale Sweet Sixteen Weed and Feed with Triamine MCPP–P, DMA salt; 2,4-DP-p, DMA salt & 2,4-D, di- methylamine salt. 228–210 ...... 228 Triamine Premium Liquid Weed & Feed ...... 2,4-DP-p, DMA salt; 2,4-D, dimethylamine salt & MCPP– P, DMA salt. 228–211 ...... 228 Triamine 3-Way Lawn Weed Killer ...... 2,4-DP-p, DMA salt; 2,4-D, dimethylamine salt & MCPP– P, DMA salt. 228–269 ...... 228 Sweet Sixteen Weed and Feed with Tri-Power (R) ...... Dicamba, dimethylamine salt; MCPA, dimethylamine salt & MCPP–P, DMA salt. 228–270 ...... 228 Riverdale Tri-Power (R) Weed and Feed ...... Dicamba, dimethylamine salt; MCPA, dimethylamine salt & MCPP–P, DMA salt. 228–271 ...... 228 Riverdale Tri-Power (R) Lawn Weed Killer ...... Dicamba, dimethylamine salt; MCPA, dimethylamine salt & MCPP–P, DMA salt. 228–272 ...... 228 Riverdale Tri-Power (R) Spot Weed Killer ...... Dicamba, dimethylamine salt; MCPA, dimethylamine salt & MCPP–P, DMA salt. 228–276 ...... 228 Riverdale Tri-Power (R) Liquid Weed and Feed ...... Dicamba, dimethylamine salt; MCPA, dimethylamine salt & MCPP–P, DMA salt. 228–277 ...... 228 Tri-Power Premium Liquid Weed and Feed ...... Dicamba, dimethylamine salt; MCPA, dimethylamine salt & MCPP–P, DMA salt. 228–278 ...... 228 Riverdale Triamine Premium Granular Weed Killer ...... 2,4-DP-p, DMA salt; 2,4-D, dimethylamine salt & MCPP– P, DMA salt. 228–284 ...... 228 Tri-Power (R) Jet-Spray Spot Weed Killer ...... Dicamba, dimethylamine salt; MCPA, dimethylamine salt & MCPP–P, DMA salt. 228–286 ...... 228 Riverdale Tri-Power L.A. Weed and Feed ...... Dicamba, dimethylamine salt; MCPA, dimethylamine salt & MCPP–P, DMA salt. 228–288 ...... 228 Riverdale Triplet (R) Sensitive ...... MCPP–P, DMA salt; Dicamba, dimethylamine salt & 2,4- D, dimethylamine salt. 228–293 ...... 228 Riverdale Dissolve (R) 4000 Weed and Feed ...... Dimethylamine 2-(2,4-dichlorophenoxy)propionate; 2,4- DP-p, DMA salt & MCPP–P, DMA salt. 228–302 ...... 228 Riverdale Triplet (R) L.A. Selective Herbicide ...... Dicamba, dimethylamine salt; MCPP–P, DMA salt & 2,4- D, dimethylamine salt. 228–303 ...... 228 Tri-Power (R) Granular Weed Killer ...... MCPA, dimethylamine salt; Dicamba, dimethylamine salt & MCPP–P, DMA salt. 228–304 ...... 228 3-Way Weed and Feed with Tri-Power (R) ...... MCPA, dimethylamine salt; Dicamba, dimethylamine salt & MCPP–P, DMA salt. 228–305 ...... 228 Riverdale Dissolve (R) Granular Weed Killer ...... MCPP–P, DMA salt; 2,4-DP-p, DMA salt & 2,4-D, di- methylamine salt. 228–311 ...... 228 Riverdale Triplet Hi-D Selective Herbicide ...... MCPP–P, DMA salt; Dicamba, dimethylamine salt & 2,4- D, dimethylamine salt. 228–342 ...... 228 Dissolve Premium Granular Weed Killer ...... Dimethylamine 2-(2,4-dichlorophenoxy)propionate; 2,4- DP-p, DMA salt & MCPP–P, DMA salt. 228–348 ...... 228 Dissolve LBN Weed and Feed ...... 2,4-D, dimethylamine salt; 2,4-DP-p, DMA salt & MCPP– P, DMA salt. 228–372 ...... 228 Eclipse Selective Herbicide ...... 2,4-DP-p, DMA salt; MCPA, dimethylamine salt & Clopyralid, monoethanolamine salt. 228–489 ...... 228 Triplet Low Odor Premium Lawn Weed Killer Con- Dicamba; 2,4-D, triisopropanolamine salt & MCPP–P, centrate. DMA salt. 228–490 ...... 228 Triplet Low Odor Premium Weed and Feed ...... Dicamba; 2,4-D, triisopropanolamine salt & MCPP–P, DMA salt. 228–492 ...... 228 Triplet Low Odor Premium Granular Weed Killer ...... Dicamba; 2,4-D, triisopropanolamine salt & MCPP–P, DMA salt. 228–493 ...... 228 Triplet Low Odor L.A. Granular Weed Killer ...... Dicamba; 2,4-D, triisopropanolamine salt & MCPP–P, DMA salt. 228- 503 ...... 228 Triplet Low Odor Premium Weed and Feed (18/5) ...... Dicamba; MCPP–P, DMA salt & 2,4-D, triisopropanolamine salt. 228–504 ...... 228 Triplet Low Odor Premium Weed and Feed (20/5) ...... Dicamba; MCPP–P, DMA salt & 2,4-D, triisopropanolamine salt. 228–505 ...... 228 Triplet Low Odor L.A. Premium Weed and Feed (16/5) .. Dicamba; MCPP–P, DMA salt & 2,4-D, triisopropanolamine salt. 228–506 ...... 228 Triplet Low Odor L.A. Premium Weed and Feed (18/5) .. Dicamba; MCPP–P, DMA salt & 2,4-D, triisopropanolamine salt. 228–507 ...... 228 Triplet Low Odor L.A. Premium Weed and Feed (20/5) .. Dicamba; MCPP–P, DMA salt & 2,4-D, triisopropanolamine salt. 228–508 ...... 228 Triplet Low Odor Premium 8000 Lawn Weed Killer Con- Dicamba; 2,4-D, triisopropanolamine salt & MCPP–P, centrate. DMA salt.

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TABLE 1—PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued

Registration Company No. No. Product name Active ingredients

228–511 ...... 228 Triplet Low Odor Premium Spot Lawn Weed Killer Dicamba; 2,4-D, triisopropanolamine salt & MCPP–P, Ready-To-Spray. DMA salt. 228–593 ...... 228 NUP–08041 Ready-To-Use ...... Pyraflufen-ethyl; Dicamba; MCPP–P, DMA salt & 2,4-D, 2-ethylhexyl ester. 228–712 ...... 228 NUP–08040 Premium 8000 Lawn Weed Killer Con- Pyraflufen-ethyl; Dicamba; MCPP–P, DMA salt & centrate. Isooctyl(2-ethyl-4-methylpentyl) 2,4- dichlorophenoxyacetate. 279–3083 ...... 279 Pounce WSB Insecticide ...... Permethrin. 478–114 ...... 478 Real-Kill Vegetation Killer ...... Diquat dibromide. 499–567 ...... 499 Tygro Mite Fogger ...... Etoxazole. 538–168 ...... 538 Scotts Improved Super Turf Builder Plus 2 ...... 2,4-D & Mecoprop-P. 961–422 ...... 961 Preen Landscape Mulch Plus 3 ...... Bifenthrin; Trifluralin & Isoxaben. 1007–99 ...... 1007 Nolvasan Solution ...... Chlorhexidine diacetate. 1007–100 ...... 1007 Fort Dodge Nolvasan S ...... Chlorhexidine diacetate. 1007–101 ...... 1007 Chlorhexidine Diacetate ...... Chlorhexidine diacetate. 5481–597 ...... 5481 Scepter Herbicide ...... 3-Quinolinecarboxylic acid, 2-(4,5-dihydro-4-methyl-4-(1- methylethyl)-5-oxo-1H-imidazol-2-yl)-, monoammonium salt. 5481–598 ...... 5481 Scepter Herbicide Contains Surfactant ...... 3-Quinolinecarboxylic acid, 2-(4,5-dihydro-4-methyl-4-(1- methylethyl)-5-oxo-1H-imidazol-2-yl)-, monoammonium salt. 5481–601 ...... 5481 Timeout Grass Growth Regulator and Weed Killer ...... 3-Quinolinecarboxylic acid, 2-(4,5-dihydro-4-methyl-4-(1- methylethyl)-5-oxo-1H-imidazol-2-yl)-, monoammonium salt. 5481–603 ...... 5481 Time Out Plus Herbicide ...... 3-Quinolinecarboxylic acid, 2-(4,5-dihydro-4-methyl-4-(1- methylethyl)-5-oxo-1H-imidazol-2-yl)-, monoammonium salt. 5481–604 ...... 5481 Imazaquin/Imazethapyr DG ...... Imazethapyr & Imazaquin. 5481–606 ...... 5481 Backdraft Herbicide ...... Glyphosate-isopropylammonium &Imazaquin. 5481–607 ...... 5481 Backdraft CP Herbicide ...... Imazaquin. 5481–608 ...... 5481 Backdraft SL Herbicide ...... Glyphosate-isopropylammonium & Imazaquin. 7969–268 ...... 7969 Acronis Fungicide Seed Treatment ...... Pyraclostrobin & Thiophanate-methyl. 7969–352 ...... 7969 Xemium 703 Fungicide ST ...... Fluxapyroxad & Pyraclostrobin. 7969–379 ...... 7969 Priaxor Plus Fungicide ...... Cyproconazole; Pyraclostrobin & Fluxapyroxad. 9688–93 ...... 9688 Chemsico Grass & Weed Killer A ...... Diquat dibromide. 9688–188 ...... 9688 Chemsico Herbicide Concentrate DG ...... Diquat dibromide & Glyphosate-isopropylammonium. 9688–191 ...... 9688 Chemsico Herbicide DG RTU ...... Diquat dibromide & Glyphosate-isopropylammonium. 9688–205 ...... 9688 Chemsico Herbicide Concentrate DG II ...... Glyphosate-isopropylammonium & Diquat dibromide. 9688–211 ...... 9688 Chemsico Herbicide Concentrate DT ...... Glyphosate & Diquat dibromide. 9688–213 ...... 9688 Chemsico Herbicide RTU DT ...... Diquat dibromide & Glyphosate. 9688–278 ...... 9688 Chemisco Herbicide Concentrate 1455 ...... Sulfentrazone; Dicamba, dimethylamine salt; MCPP–P, DMA salt & MCPA, dimethylamine salt. 9688–279 ...... 9688 Chemisco RTU Herbicide 1456 ...... Sulfentrazone; Dicamba, dimethylamine salt; MCPP–P, DMA salt & MCPA, dimethylamine salt. 9688–283 ...... 9688 Herbicide Concentrate 4B ...... Fluazifop-P-butyl; Dicamba, dimethylamine salt; Oxyfluorfen & Diquat dibromide. 9688–284 ...... 9688 Chemsico Herbicide RTU 4B ...... Diquat dibromide; Fluazifop-P-butyl; Dicamba, dimethyl- amine salt & Oxyfluorfen. 9688–289 ...... 9688 Chemsico Pesticide Concentrate WI–N ...... 2,4-D, dimethylamine salt; MCPP–P, DMA salt; Dicamba, dimethylamine salt & gamma-Cyhalothrin. 9688–290 ...... 9688 Chemsico Pesticide Concentrate WI–S ...... gamma-Cyhalothrin; Dicamba, dimethylamine salt; 2,4-D, dimethylamine salt & MCPP–P, DMA salt. 9688–310 ...... 9688 Chemsico Pesticide Granules WI–N ...... Dicamba, dimethylamine salt; MCPP–P, DMA salt; 2,4- D, dimethylamine salt & gamma-Cyhalothrin. 9688–311 ...... 9688 Chemsico Pesticide Granules WI–S ...... Dicamba, dimethylamine salt; MCPP–P, DMA salt; 2,4- D, dimethylamine salt & gamma-Cyhalothrin. 10324–57 ...... 10324 Maquat 42 ...... Alkyl* dimethyl benzyl ammonium chloride *(60%C14, 30%C16, 5%C18, 5%C12) & Alkyl* dimethyl ethyl- benzyl ammonium chloride *(68%C12, 32%C14). 10324–71 ...... 10324 Maquat 280 ...... Alkyl* dimethyl benzyl ammonium chloride *(60%C14, 30%C16, 5%C18, 5%C12) & Alkyl* dimethyl ethyl- benzyl ammonium chloride *(68%C12, 32%C14). 10324–158 .... 10324 Maquat 2420 TBD–9 ...... Alkyl* dimethyl benzyl ammonium chloride *(50%C14, 40%C12, 10%C16) & 1-Decanaminium, N-decyl-N,N- dimethyl-, chloride. 10324–160 .... 10324 Maquat 2420 TNT ...... Alkyl* dimethyl benzyl ammonium chloride *(50%C14, 40%C12, 10%C16) & 1-Decanaminium, N-decyl-N,N- dimethyl-, chloride. 10324–164 .... 10324 Maquat 256 PD ...... Alkyl* dimethyl ethylbenzyl ammonium chloride *(68%C12, 32%C14) & Alkyl* dimethyl benzyl ammo- nium chloride *(60%C14, 30%C16, 5%C18, 5%C12).

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TABLE 1—PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued

Registration Company No. No. Product name Active ingredients

10324–176 .... 10324 Maquat 2420 TBD–20 ...... Alkyl* dimethyl benzyl ammonium chloride *(50%C14, 40%C12, 10%C16); 1-Decanaminium, N-decyl-N,N-di- methyl-, chloride & Hydrochloric acid. 15440–31 ...... 15440 Marks Mecoprop-P DMA 600 ...... MCPP–P, DMA salt. 34704–927 .... 34704 Chaser Ultra 2 Selective Herbicide ...... 2,4-DP-p, DMA salt; Fluroxypyr-meptyl & MCPA, di- methylamine salt. 42750–354 .... 42750 Cloransulam 84% WDG ...... Cloransulam-methyl. 42750–355 .... 42750 Cloransulam + Sulfentrazone WDG ...... Cloransulam-methyl & Sulfentrazone. 42750–356 .... 42750 Cloransulam-methyl Technical...... Cloransulam-methyl. 46515–16 ...... 46515 Super K-Gro Vegetation Killer Formula II ...... Diquat dibromide. 46515–32 ...... 46515 Super K-Gro All Purpose Garden Spray ...... Esfenvalerate. 47000–170 .... 47000 Sureco Permethrin RTU Spray ...... Permethrin. 61282–54 ...... 61282 Bioguard GP Disinfectant Sanitizer ...... Alkyl* dimethyl benzyl ammonium chloride *(50%C14, 40%C12, 10%C16). 70596–9 ...... 70596 Mecoprop-P-DMA 600G/L MP ...... MCPP–P, DMA salt. 72726–1 ...... 72726 Poridon ...... Piperonyl butoxide & Permethrin. ID–070001 .... 10163 Onager Miticide...... Hexythiazox. ID–080013 .... 10163 Onager Miticide...... Hexythiazox. MS–090005 .. 279 Dragnet SFR Insecticide ...... Permethrin. SC–080002 ... 5905 Pounce 3.2 EC Insecticide ...... Permethrin.

Table 2 of this unit includes the this unit, in sequence by EPA company numbers of the products listed in Table names and addresses of record for all number. This number corresponds to 1 of this unit. registrants of the products in Table 1 of the first part of the EPA registration

TABLE 2—REGISTRANTS REQUESTING VOLUNTARY CANCELLATION

EPA company Company name and address No.

228 ...... NuFarm Americas, Inc., 4020 Aerial Center Pkwy., Ste. 101, Morrisville, NC 27560. 279 ...... FMC Corporation, 2929 Walnut Street, Philadelphia, PA 19104. 478 ...... Realex, Div. of United Industries Corp., P.O. Box 142642, St. Louis, MO 63114–0642. 499 ...... BASF Corporation, 26 Davis Drive, P.O. Box 13528, Research Triangle Park, NC 27709–3528. 538 ...... Scotts Company, The, 14111 Scottslawn Road, Marysville, OH 43041. 961 ...... Lebanon Seaboard Corporation, 1600 East Cumberland Street, Lebanon, PA 17042. 1007 ...... Zoetis, Inc., 333 Portage Street, Kalamazoo, MI 49007–4931. 5481 ...... AMVAC Chemical Corporation, 4695 MacArthur Court, Suite 1200, Newport Beach, CA 92660–1706. 5905 ...... Helena Agri-Enterprises, LLC, D/B/A Helena Chemical Comp., 225 Schilling Blvd., Suite 300, Collierville, TN 38017. 7969 ...... BASF Corporation, 26 Davis Drive, P.O. Box 13528, Research Triangle Park, NC 27709–3528. 9688 ...... Chemsico, A Division of United Industries Corp., P.O. Box 142642, St. Louis, MO 63114–0642. 10163 ...... BASF Corporation, 26 Davis Drive, P.O. Box 13528, Research Triangle Park, NC 27709–3528. 10324 ...... Mason Chemical Company, 9075 Centre Pointe Dr., Suite 400, West Chester, OH 45069. 15440 ...... NuFarm Limited, 4020 Aerial Center Pkwy., Suite 101, Morrisville, NC 27560. 34704 ...... Loveland Products, Inc., P.O. Box 1286, Greeley, CO 80632–1286. 42750 ...... Albaugh, LLC, 1525 NE 36th Street, Ankeny, IA 50021. 46515 ...... Celex, Division of United Industries Corp., P.O. Box 142642, St. Louis, MO 63114–0642. 47000 ...... Chem-Tech, Ltd., 620 Lesher Place, Lansing, MI 48912. 61282 ...... Hacco, Inc., 620 Lesher Place, Lansing, MI 48912. 70596 ...... NuFarm Americas, Inc., 4020 Aerial Center Pkwy., Suite 101, Morrisville, NC 27560. 72726 ...... Neogen Corporation, 620 Lesher Place, Lansing, MI 48912.

III. What is the Agency’s authority for Section 6(f)(1)(B) of FIFRA (7 U.S.C. 1. The registrants request a waiver of taking this action? 136d(f)(1)(B)) requires that before acting the comment period, or on a request for voluntary cancellation, Section 6(f)(1) of FIFRA (7 U.S.C. 2. The EPA Administrator determines EPA must provide a 30-day public that continued use of the pesticide 136d(f)(1)) provides that a registrant of comment period on the request for would pose an unreasonable adverse a pesticide product may at any time voluntary cancellation or use effect on the environment. request that any of its pesticide termination. In addition, FIFRA section registrations be canceled or amended to 6(f)(1)(C) (7 U.S.C. 136d(f)(1)(C)) The registrants listed in Table 2 of terminate one or more uses. FIFRA requires that EPA provide a 180-day Unit II have requested that EPA waive further provides that, before acting on comment period on a request for the 180-day comment period. the request, EPA must publish a notice voluntary cancellation or termination of Accordingly, EPA will provide a 30-day of receipt of any such request in the any minor agricultural use before comment period on the proposed Federal Register. granting the request, unless: requests.

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IV. Procedures for Withdrawal of cancellation, which will be the date of be permitted after the registrations have Request publication of this cancellation order in been cancelled only if such sale, Registrants who choose to withdraw a the Federal Register. Thereafter, distribution, or use is consistent with request for product cancellation should registrants will be prohibited from the terms as described in the final order. submit the withdrawal in writing to the selling or distributing these products DATES: Comments must be received on person listed under FOR FURTHER identified in Table 1 of Unit II, except or before August 16, 2021. INFORMATION CONTACT. If the products for export consistent with FIFRA section ADDRESSES: Submit your comments, have been subject to a previous 17 (7 U.S.C. 136o) or for proper identified by docket identification (ID) cancellation action, the effective date of disposal. number EPA–HQ–OPP–2021–0015, by cancellation and all other provisions of For all other voluntary product one of the following methods: any earlier cancellation action are cancellations, identified in Table 1 of Federal eRulemaking Portal: http:// controlling. Unit II, registrants will be permitted to www.regulations.gov. Follow the online sell and distribute existing stocks of the instructions for submitting comments. V. Provisions for Disposition of Existing voluntarily canceled products for 1 year Do not submit electronically any Stocks after the effective date of the information you consider to be Existing stocks are those stocks of cancellation, which will be the date of Confidential Business Information (CBI) registered pesticide products that are publication of the cancellation order in or other information whose disclosure is currently in the United States and that the Federal Register. Thereafter, restricted by statute. were packaged, labeled, and released for registrants will be prohibited from Mail: OPP Docket, Environmental shipment prior to the effective date of selling or distributing all other products Protection Agency Docket Center (EPA/ the cancellation action. identified in Table 1 of Unit II, except DC), (28221T), 1200 Pennsylvania Ave. In any order issued in response to for export consistent with FIFRA section NW, Washington, DC 20460–0001. these requests for cancellation of 17 (7 U.S.C. 136o) or for proper Submit written withdrawal request by product registrations EPA proposes to disposal. mail to: Christopher Green, Registration include the following provisions for the Persons other than the registrant may Division (7502P), Office of Pesticide treatment of any existing stocks of the sell, distribute, or use existing stocks of Programs, Environmental Protection products listed in Table 1 of Unit II. the canceled products until supplies are Agency, 1200 Pennsylvania Ave. NW, A. For products 1007–99, 1007–100 exhausted, provided that such sale, Washington, DC 20460–0001. and 1007–101. For products 1007–99, distribution, or use is consistent with Hand Delivery: To make special 1007–100 and 1007–101, the registrant the terms of the previously approved arrangements for hand delivery or has requested to sell its existing stocks labeling on, or that accompanied, the delivery of boxed information, please of Chlorhexidine diacetate containing canceled products. follow the instructions at http:// pesticides until May 31, 2021, the Authority: 7 U.S.C. 136 et seq. www.epa.gov/dockets/contacts.html. registrants will be permitted to sell and Due to the public health concerns Dated: February 4, 2021. related to COVID–19, the EPA Docket distribute existing stocks of these Marietta Echeverria, voluntarily canceled products until May Center (EPA/DC) and Reading Room is Acting Director, Registration Division, Office closed to visitors with limited 31, 2021. Thereafter, registrants will be of Pesticide Programs. prohibited from selling or distributing exceptions. The staff continues to [FR Doc. 2021–03175 Filed 2–16–21; 8:45 am] the identified products in Table 1 of provide remote customer service via Unit II, except for export consistent with BILLING CODE 6560–50–P email, phone, and webform. For the FIFRA section 17 (7 U.S.C. 136o) or for latest status information on EPA/DC proper disposal. services and docket access, visit https:// ENVIRONMENTAL PROTECTION www.epa.gov/dockets. B. For products 10324–57, 10324–71, AGENCY 10324–158, 10324–160, 10324–164, FOR FURTHER INFORMATION CONTACT: 10324–176. For products 10324–57, [EPA–HQ–OPP–2021–0015; FRL–10019–59] Christopher Green, Registration Division 10324–71, 10324–158, 10324–160, (7502P), Office of Pesticide Programs, 10324–164, 10324–176, the registrant Notice of Receipt of Requests To Environmental Protection Agency, 1200 has requested 18-months to sell existing Voluntarily Cancel Certain Pesticide Pennsylvania Ave. NW, Washington, DC stocks, registrants will be permitted to Registrations 20460–0001; telephone number: (703) 347–0367; email address: sell and distribute existing stocks of AGENCY: Environmental Protection these voluntarily canceled products for Agency (EPA). [email protected]. SUPPLEMENTARY INFORMATION: 18-months after the effective date of the ACTION: Notice. cancellation, which will be the date of I. General Information publication of this cancellation order in SUMMARY: In accordance with the the Federal Register. Thereafter, Federal Insecticide, Fungicide, and A. Does this action apply to me? registrants will be prohibited from Rodenticide Act (FIFRA), EPA is issuing This action is directed to the public selling or distributing these products a notice of receipt of requests by in general, and may be of interest to a identified in Table 1 of Unit II, except registrants to voluntarily cancel certain wide range of stakeholders including for export consistent with FIFRA section pesticide registrations. EPA intends to environmental, human health, and 17 (7 U.S.C. 136o) or for proper grant these requests at the close of the agricultural advocates; the chemical disposal. comment period for this announcement industry; pesticide users; and members C. For product 61282–54. For product unless the Agency receives substantive of the public interested in the sale, 61282–54, the registrant has requested comments within the comment period distribution, or use of pesticides. 13-months to sell existing stocks, that would merit its further review of registrants will be permitted to sell and the requests, or unless the registrants B. What should I consider as I prepare distribute existing stocks of the withdraw its requests. If these requests my comments for EPA? voluntarily canceled product for 13- are granted, any sale, distribution, or 1. Submitting CBI. Do not submit this months after the effective date of the use of products listed in this notice will information to EPA through

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regulations.gov or email. Clearly mark must be submitted for inclusion in the certain pesticide products registered the part or all of the information that public docket. Information so marked under FIFRA section 3 (7 U.S.C. 136a) you claim to be CBI. For CBI will not be disclosed except in or 24(c) (7 U.S.C. 136v(c)). The affected information in a disk or CD–ROM that accordance with procedures set forth in products and the registrants making the you mail to EPA, mark the outside of the 40 CFR part 2. requests are identified in Tables 1–2 of disk or CD–ROM as CBI and then 2. Tips for preparing your comments. this unit. When preparing and submitting your identify electronically within the disk or Unless a request is withdrawn by the CD–ROM the specific information that comments, see the commenting tips at http://www.epa.gov/dockets/ registrant or if the Agency determines is claimed as CBI. In addition to one comments.html. that there are substantive comments that complete version of the comment that warrant further review of this request, includes information claimed as CBI, a II. What action is the Agency taking? EPA intends to issue an order in the copy of the comment that does not This notice announces receipt by EPA Federal Register canceling the affected contain the information claimed as CBI of requests from registrants to cancel registrations.

TABLE 1—PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION

Registration Company No. No. Product name Active ingredients

241–74 ...... 241 Cycocel Plant Growth Regulant ...... Chlormequat chloride. 69969–1 ...... 69969 Flight Control...... Anthraquinone. 69969–4 ...... 69969 AV–1011 Rice Seed Treatment ...... Anthraquinone.

Table 2 of this unit includes the this unit, in sequence by EPA company numbers of the products listed in Table names and addresses of record for all number. This number corresponds to 1 of this unit. registrants of the products in Table1 of the first part of the EPA registration

TABLE 2—REGISTRANTS REQUESTING VOLUNTARY CANCELLATION

EPA company Company name and address No.

241 ...... BASF Corporation, 26 Davis Drive, P.O. Box 13528, Research Triangle Park, NC 27709–3528. 69969 ...... Arkion Life Sciences, LLC, Airepel Division, Agent Name: Landis International, Inc., 3815 Madison Highway, P.O. Box 5126, Val- dosta, GA 31603–5126.

III. What is the Agency’s authority for would pose an unreasonable adverse In any order issued in response to taking this action? effect on the environment. these requests for cancellation of The registrants listed in Table 2 of product registrations EPA proposes to Section 6(f)(1) of FIFRA (7 U.S.C. Unit II have not requested that EPA include the following provisions for the 136d(f)(1)) provides that a registrant of waive the 180-day comment period. treatment of any existing stocks of the a pesticide product may at any time Accordingly, EPA will provide a 180- products listed in Table 1 of Unit II. request that any of its pesticide day comment period on the proposed For all voluntary product registrations be canceled or amended to requests. cancellations, listed in Table 1 of Unit terminate one or more uses. FIFRA II, the registrants will be permitted to further provides that, before acting on IV. Procedures for Withdrawal of sell and distribute existing stocks of the request, EPA must publish a notice Request voluntarily canceled products for 1 year of receipt of any such request in the Registrants who choose to withdraw a after the effective date of the Federal Register. request for product cancellation should cancellation, which will be the date of Section 6(f)(1)(B) of FIFRA (7 U.S.C. submit the withdrawal in writing to the publication of the cancellation order in 136d(f)(1)(B)) requires that before acting person listed under FOR FURTHER the Federal Register. Thereafter, on a request for voluntary cancellation, INFORMATION CONTACT. If the products registrants will be prohibited from EPA must provide a 30-day public have been subject to a previous selling or distributing the products comment period on the request for cancellation action, the effective date of identified in Table 1 of Unit II, except voluntary cancellation or use cancellation and all other provisions of for export consistent with FIFRA section termination. In addition, FIFRA section any earlier cancellation action are 17 (7 U.S.C. 136o) or for proper 6(f)(1)(C) (7 U.S.C. 136d(f)(1)(C)) controlling. disposal. requires that EPA provide a 180-day Persons other than the registrant may comment period on a request for V. Provisions for Disposition of Existing sell, distribute, or use existing stocks of voluntary cancellation or termination of Stocks the canceled products until supplies are any minor agricultural use before Existing stocks are those stocks of exhausted, provided that such sale, granting the request, unless: registered pesticide products that are distribution, or use is consistent with 1. The registrants request a waiver of currently in the United States and that the terms of the previously approved the comment period, or were packaged, labeled, and released for labeling on, or that accompanied, the 2. The EPA Administrator determines shipment prior to the effective date of canceled products. that continued use of the pesticide the cancellation action. Authority: 7 U.S.C. 136 et seq.

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Dated: February 4, 2021. the FDIC by any of the following account or other type of transaction or Marietta Echeverria, methods: check cashing account at an insured Acting Director, Registration Division, Office • https://www.FDIC.gov/regulations/ depository institution (hereafter in this of Pesticide Programs. laws/federal. section referred to as the ‘unbanked’) [FR Doc. 2021–03176 Filed 2–16–21; 8:45 am] • Email: [email protected]. Include into the conventional finance system.’’ BILLING CODE 6560–50–P the name and number of the collection Section 7 further instructs the FDIC to in the subject line of the message. consider several factors in its conduct of • Mail: Manny Cabeza (202–898– the surveys, including: (1) ‘‘What FEDERAL DEPOSIT INSURANCE 3767), Regulatory Counsel, MB–3128, cultural, language and identification CORPORATION Federal Deposit Insurance Corporation, issues as well as transaction costs 550 17th Street NW, Washington, DC appear to most prevent ‘unbanked’ [MB No. 3064–NEW] 20429. individuals from establishing • Hand Delivery: Comments may be conventional accounts’’; and (2) ‘‘what Agency Information Collection hand-delivered to the guard station at is a fair estimate of the size and worth Activities: Submission for OMB the rear of the 17th Street Building of the ‘‘unbanked’’ market in the United Review; Comment Request (located on F Street), on business days States.’’ AGENCY: Federal Deposit Insurance between 7:00 a.m. and 5:00 p.m. The Household Survey collects Corporation (FDIC). Written comments and information on bank account ownership ACTION: Agency information collection recommendations for the proposed which provides a factual basis for activities: Submission for OMB review; information collection should be sent measuring the number and percentage comment request. within 30 days of publication of this of households that are unbanked. notice to www.reginfo.gov/public/do/ The Household Survey is the only SUMMARY: The FDIC, as part of its PRAMain. Find this particular population-representative survey obligations under the Paperwork information collection by selecting conducted at the national level that Reduction Act of 1995, invites the ‘‘Currently under 30-day Review—Open provides state-level estimates of the size general public and other Federal for Public Comments’’ or by using the and characteristics of unbanked agencies to take this opportunity to search function. households for all 50 states and the District of Columbia. The Household comment on the request to approve a FOR FURTHER INFORMATION CONTACT: Survey also collects information from new information collections for its Manny Cabeza, Regulatory Counsel, seventh biennial survey of households, unbanked households about the reasons 202–898–3767, [email protected], MB– that they do not have a bank account which has been renamed the Survey of 3128, Federal Deposit Insurance Household Use of Banking and and their interest in having a bank Corporation, 550 17th Street NW, account. Financial Services (‘‘Household Washington, DC 20429. Survey’’). This survey was previously Increasingly, financial products and SUPPLEMENTARY INFORMATION: named the FDIC National Survey of services are provided by nonbanks, Unbanked and Underbanked Proposal to renew the following many through the use of a mobile phone Households and was assigned OMB currently approved collection of app. Households are selecting different Control No. 3064–0167. FDIC is seeking information: combinations of bank and nonbank a new OMB Control Number for this Title: Survey of Household Use of financial products and services to meet version of the survey. The Household Banking and Financial Services. their core banking needs. Consequently, OMB Number: 3064–NEW. Survey is scheduled to be conducted in the Household Survey has broadened its Frequency of Response: Once. partnership with the U.S. Census focus to include a wide range of bank Affected Public: Individuals residing Bureau as a supplement to its June 2021 and nonbank financial products and in U.S. Households. Current Population Survey (CPS). The services and to collect information on Estimated Number of Respondents: survey collects information on U.S. whether and how households are using 40,000. households’ use of bank accounts and these in combination. Average time per response: 9 minutes To obtain this information, the FDIC other transaction accounts including per respondent. partners with the U.S. Census Bureau, prepaid cards, online payment services, Estimated Total Annual Burden: which administers the Household nonbank financial transaction services, 6,000 hours. Survey supplement (‘‘FDIC and bank and nonbank credit. The Supplement’) to households that results of these ongoing surveys will be General Description of Collection participate in the CPS. The FDIC published in the FDIC’s How America The Survey of Household Use of supplement has been administered Banks reports which help inform Banking and Financial Services every other year since January 2009. The policymakers, bankers, and researchers (‘‘Household Survey’’) supports the previous survey questionnaires and about how households use, or don’t use, FDIC’s mission of maintaining public survey results can be accessed through the banking system. On December 2, confidence in the U.S. financial system. the following link: http:// 2020, the FDIC requested comment for The Household Survey is also a key www.economicinclusion.gov/surveys/. 60 days on the proposed information component of the FDIC’s efforts to Interested members of the public may collection. No comments were received. comply with a Congressional mandate obtain a copy of the proposed survey The FDIC hereby gives notice of its plan contained in section 7 of the Federal questionnaire on the following web to submit to OMB a request to approve Deposit Insurance Reform Conforming page: https://www.fdic.gov/regulations/ this information collection, and again Amendments Act of 2005 (‘‘Reform laws/federal/2021/2021-survey-of- invites comment on the information Act’’) (Pub. L. 109–173), which calls for household-use-of-banking-and- collection. the FDIC to conduct ongoing surveys financial-services.pdf. DATES: Comments must be submitted on ‘‘on efforts by insured depository Consistent with the statutory mandate or before March 19, 2021. institutions to bring those individuals to conduct the surveys on an ongoing ADDRESSES: Interested parties are and families who have rarely, if ever, basis, the FDIC already has in place invited to submit written comments to held a checking account, a savings arrangements for conducting the

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seventh Household Survey as a FEDERAL DEPOSIT INSURANCE 550 17th Street NW, Washington, DC supplement to the June 2021 CPS. On CORPORATION 20429. December 2, 2020, the FDIC requested • [OMB No. 3064–0022; –0027; –0103; –0114; Hand Delivery: Comments may be comment for 60 days on this proposed –0115; –0163; –0208] hand-delivered to the guard station at information collection to conduct the the rear of the 17th Street building Household Survey.1 The FDIC received Agency Information Collection (located on F Street), on business days no comments. Activities: Proposed Collection between 7:00 a.m. and 5:00 p.m. Renewal; Comment Request Request for Comment All comments should refer to the AGENCY: Federal Deposit Insurance relevant OMB control number. A copy Comments are again invited on: (a) Corporation (FDIC). of the comments may also be submitted Whether the collection of information is to the OMB desk officer for the FDIC: ACTION: Notice and request for comment. necessary for the proper performance of Office of Information and Regulatory the FDIC’s functions, including whether SUMMARY: The FDIC, as part of its Affairs, Office of Management and the information has practical utility; (b) obligations under the Paperwork Budget, New Executive Office Building, the accuracy of the estimates of the Reduction Act of 1995 (PRA), invites the Washington, DC 20503. burden of the information collection, general public and other Federal FOR FURTHER INFORMATION CONTACT: including the validity of the agencies to take this opportunity to Manny Cabeza, Regulatory Counsel, methodology and assumptions used; (c) comment on the renewal of the existing 202–898–3767, [email protected], MB– ways to enhance the quality, utility, and information collections described below 3128, Federal Deposit Insurance clarity of the information to be (OMB Control No. 3064–0022; –0027; Corporation, 550 17th Street NW, collected; and (d) ways to minimize the –0103; –0114; –0115; –0163). Washington, DC 20429. burden of the collection of information DATES: Comments must be submitted on SUPPLEMENTARY INFORMATION: on respondents, including through the or before April 19, 2021. use of automated collection techniques Proposal to renew the following ADDRESSES: Interested parties are currently approved collections of or other forms of information invited to submit written comments to technology. All comments will become information: the FDIC by any of the following 1. Title: Uniform Application/ a matter of public record. methods: • Uniform Termination for Municipal Federal Deposit Insurance Corporation. Agency Website: https:// Securities Principal or Representative. www.FDIC.gov/regulations/laws/federal. Dated at Washington, DC, on February 10, • OMB Number: 3064–0022. 2021. Email: [email protected]. Include the name and number of the collection Form Number: 6200/54; 6200/55. James P. Sheesley, in the subject line of the message. Affected Public: Individuals and Assistant Executive Secretary. • Mail: Manny Cabeza (202–898– Insured state nonmember banks and [FR Doc. 2021–03110 Filed 2–16–21; 8:45 am] 3767), Regulatory Counsel, MB–3128, state savings associations. BILLING CODE 6714–01–P Federal Deposit Insurance Corporation, Burden Estimate:

SUMMARY OF ANNUAL BURDEN

Estimated Estimated Obligation Estimated Estimated time per annual Information collection description Type of burden to respond number of frequency response burden respondents of responses (minutes) (hours)

Uniform Application for Municipal Securities Reporting ...... Mandatory 2 On Occasion 60 2 Principal or Representative (MSD 4). Uniform Termination Notice for Securities Reporting ...... Mandatory 2 On Occasion 15 0.5 Principal or Representative (MSD 5).

Total Estimated Annual Burden: 2.5 Rulemaking Board (MSRB), a background information and conversely, hours. rulemaking authority established by the require the municipal securities dealers General Description of Collection: The 1975 Amendments, may prescribe as to obtain the information from such 1975 Amendments to the Securities necessary or appropriate in the public persons. Generally, the information Exchange Act of 1934 established a interest or for the protection of required to be furnished relates to comprehensive framework for the investors. One of the areas in which the employment history and professional regulation of the activities of municipal Act directed the MSRB to promulgate background including any disciplinary securities dealers. Under Section 15B(a) rules is the qualifications of persons sanctions and any claimed bases for of the Securities Exchange Act, associated with municipal securities exemption from MSRB examination municipal securities dealers which are dealers as municipal securities requirements. The FDIC and the other banks, or separately identifiable principals and municipal securities two Federal bank regulatory agencies, departments or divisions of banks representatives. The MSRB Rules the Comptroller of the Currency, and the engaging in municipal securities require persons who are or seek to be Federal Reserve Board, have prescribed activities, are required to be registered associated with municipal securities Forms MSD–4 to satisfy these with the Securities and Exchange dealers as municipal securities requirements and have prescribed Form Commission in accordance with such principals or municipal securities MSD–5 for notification by a bank rules as the Municipal Securities representatives to provide certain municipal securities dealer that a

1 85 FR 77462 (December 2, 2020).

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municipal securities principal’s or a appropriate regulatory agency for each 2. Title: Request for Deregistration for municipal securities representative’s person associated with the dealer as a Registered Transfer Agents. association with the dealer has municipal securities principal or OMB Number: 3064–0027. terminated and the reason for such municipal securities representative. Form Number: 6342/12. termination. State nonmember banks There is no change in the methodology Affected Public: Insured state and state savings associations that are or substance of this information nonmember banks and state savings municipal security dealers submit these collection. associations. forms, as applicable, to the FDIC as their Burden Estimate:

SUMMARY OF ANNUAL BURDEN

Estimated Estimated Obligation Estimated Estimated time per annual Information collection description Type of burden to respond number of frequency response burden respondents of responses (hours) (hours)

Request for Deregistration for Registered Reporting ...... Mandatory 1 On Occasion 0.42 0.42 Transfer Agents.

Total Estimated Annual Burden: 0.42 of withdrawal with the FDIC. The FDIC OMB Number: 3064–0103. hours. requires such banks to file FDIC Form Form Number: None. General Description of Collection: 6342/12 as the written notice of Under the Securities Exchange Act of withdrawal. There is no change in the Affected Public: Insured State 1934 (15 U.S.C. 78q–1), an insured methodology or substance of this Nonmember Banks and State Savings nonmember bank (or a subsidiary of information collection. Associations. such a bank) that functions as a transfer 3. Title: Recordkeeping Requirements Burden Estimate: agent may withdraw from registration as Associated with Real Estate Appraisals a transfer agent by filing a written notice and Evaluations.

SUMMARY OF ANNUAL BURDEN

Estimated Estimated Obligation Estimated Estimated time per annual Information collection description Type of burden to respond number of frequency response burden respondents of responses (minutes) (hours)

Recordkeeping Requirements Associated with Recordkeeping ...... Mandatory 3,245 On Occasion 5 80 Real Estate Appraisals and Evaluations.

Total Estimated Annual Burden: 80 public policy interests by requiring real respondents has decreased, the hours. estate appraisals used in connection reporting frequency has increased while General Description of Collection: with federally related transactions to be the estimated time per response remains FIRREA directs the FDIC to prescribe performed in writing, in accordance the same. appropriate performance standards for with uniform standards, by an appraiser 4. Title: Foreign Banks. real estate appraisals connected with whose competency has been OMB Number: 3064–0114. federally related transactions under its demonstrated and whose professional jurisdiction. This information collection conduct will be subject to effective Form Number: None. is a direct consequence of the statutory supervision. The overall reduction in Affected Public: Insured branches of requirement. It is designed to provide burden hours is a result of economic foreign banks. protection for federal financial and fluctuation. In particular, the number of Burden Estimate:

SUMMARY OF ANNUAL BURDEN

Estimated Obligation Estimated Estimated Estimated annual Information collection description Type of burden to respond number of frequency time per burden respondents of responses response (hours)

Moving a Branch ...... Reporting ...... Mandatory 1 On Occasion 8 hours ..... 8 Consent to Operate ...... Reporting ...... Mandatory 1 On Occasion 8 hours ..... 8 Approval to Conduct Activities ...... Reporting ...... Mandatory 1 On Occasion 8 hours ..... 8 Pledge of Assets Documents ...... Reporting ...... Mandatory 10 Quarterly ..... 15 minutes 10 Pledge of Asset Reports ...... Reporting ...... Mandatory 10 Quarterly ..... 2 hours ..... 80 Recordkeeping ...... Recordkeeping ...... Mandatory 10 On Occasion 120 hours 1,200

Total Estimated Annual Burden: General Description of Collection: applications to operate as such 1,314 hours. Applications to move an insured state- noninsured state-licensed branch of a licensed branch of a foreign bank; foreign bank; applications from an

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insured state-licensed branch of a such a branch’s pledge of assets to the Form Number: None. foreign bank to conduct activities that FDIC. There is no change in the Affected Public: Insured state are not permissible for a federally methodology or substance of this nonmember banks and state savings licensed branch; internal recordkeeping information collection. associations. by such branches; and reporting and 5. Title: Prompt Corrective Action. recordkeeping requirements relating to OMB Number: 3064–0115. Burden Estimate:

SUMMARY OF ANNUAL BURDEN

Estimated Estimated Obligation Estimated Estimated time per annual Information collection description Type of burden to respond number of frequency response burden respondents of responses (hours) (hours)

Prompt Corrective Action ...... Reporting ...... Voluntary .. 17 On Occasion 4 68

Total Estimated Annual Burden: 68 a capital restoration plan when an applications that are required to obtain hours. insured institution becomes the FDIC’s prior approval to engage in General Description of Collection: The undercapitalized. Various provisions of these activities. There is no change in Prompt Corrective Action (PCA) the statute and the FDIC’s implementing the method or substance of the provisions of section 38 of the Federal regulations require the prior approval of collection. Deposit Insurance Act require or permit the FDIC before an FDIC-supervised 6. Title: Qualified Financial Contracts. the FDIC and other federal banking institution, or certain insured OMB Number: 3064–0163. agencies to take certain supervisory depository institutions, can engage in actions when FDIC-insured institutions certain activities, or allow the FDIC to Form Number: None. fall within certain capital categories. make exceptions to restrictions that Affected Public: State non-member They also restrict or prohibit certain would otherwise be imposed. This banks and savings associations. activities and require the submission of collection of information consists of the Burden Estimate:

SUMMARY OF ANNUAL BURDEN

Estimated Estimated Obligation Estimated Estimated time per annual Information collection description Type of burden to respond number of frequency response burden respondents of responses (hours) (hours)

Reporting Requirements ...... Reporting ...... Mandatory 190 Monthly ...... 2 4,560 Recordkeeping Requirements ...... Recordkeeping ...... Mandatory 190 Quarterly ...... 10 7,600 Application for Extension of Time ...... Reporting ...... Mandatory 20 On occasion 0.5 10 Full Scope Entities ...... Recordkeeping ...... Mandatory 2 On occasion 3,000 6,000 Limited Scope Entities ...... Recordkeeping ...... Mandatory 110 On occasion 5 550

Total Estimated Annual Burden: troubled condition. There is no change Master Netting Agreement and Related 18,720 hours. in the methodology or substance of this Definitions. General Description of Collection: information collection. OMB Number: 3064–0208. This collection consists of 7. Title: Restrictions on Qualified Form Number: None. recordkeeping requirements for Financial Contracts of Subsidiaries of qualified financial contracts (QFCs) held certain FDIC-Supervised Institutions; Affected Public: Private sector. by insured depository institutions in Revisions to the Definition of Qualifying Burden Estimate:

SUMMARY OF ANNUAL BURDEN

Estimated Estimated Obligation Estimated Estimated time per annual Information collection description Type of burden to respond number of frequency response burden respondents of responses (hours) (hours)

Process for Approval of Enhanced Creditor Reporting ...... Mandatory 6 On occasion 40 240 Protections.

Total Estimated Annual Burden: 240 counterparties either adhere to the ISDA they must seek the FDIC’s approval of hours. Protocol or take the prescribed steps to the proposed amendments, giving rise to General Description of Collection: amend the contractual provisions of the information collection. The This rule is necessary to give effect to their QFCs, consistent with the information collection is necessary to such cross-default restrictions in the requirements in the rule, within a ensure QFC contracts are amended in ISDA Protocol. The rule requires that specified period of time. If such compliance with the rule. The FDIC’s FDIC-supervised institutions that are institutions elect to amend their QFCs rule applies to FDIC-supervised subsidiaries of GSIBs and their in lieu of adhering to the ISDA Protocol, institutions that are subsidiaries of

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GSIBs and sets forth requirements Find this particular information By the Appraisal Subcommittee. parallel to those contained in similar collection by selecting ‘‘Currently under James R. Park, rules recently published by the FRB and 30-day Review—Open for Public Executive Director. the OCC with regard to entities they Comments’’ or by using the search [FR Doc. 2021–03126 Filed 2–16–21; 8:45 am] supervise to ensure consistent function. BILLING CODE 6700–01–P regulatory treatment of QFCs among the various entities within a GSIB group. FOR FURTHER INFORMATION CONTACT: For There is no change in the methodology information on the ASC–PR, contact FEDERAL RESERVE SYSTEM or substance of this information Maria Brown, Regulatory Affairs collection. Specialist, ASC at 202–792–1197 or [email protected]. Proposed Agency Information Collection Activities; Comment Request for Comment SUMMARY: This proposed information Request Comments are invited on: (a) Whether collection was previously published in the collection of information is the Federal Register on November 20, AGENCY: Board of Governors of the necessary for the proper performance of 2020 and allowed 60 days for public Federal Reserve System. the FDIC’s functions, including whether comment. No comments were received ACTION: Notice, request for comment. the information has practical utility; (b) to that Notice. In conjunction with the the accuracy of the estimates of the Paperwork Reduction Act of 1995, the SUMMARY: The Board of Governors of the burden of the information collection, ASC has submitted to the OMB a Federal Reserve System (Board) invites including the validity of the request for review and approval of comment on a proposal to extend for methodology and assumptions used; (c) information collection listed below. The three years, without revision, the ways to enhance the quality, utility, and purpose of this notice is to allow an Recordkeeping Requirements clarity of the information to be additional 30 days for public comment Associated with Changes in Foreign collected; and (d) ways to minimize the from all interested individuals and Investments (Made Pursuant to burden of the collection of information organizations. Regulation K) (FR 2064; OMB No. 7100– on respondents, including through the 0109). SUPPLEMENTARY INFORMATION: use of automated collection techniques DATES: Comments must be submitted on or other forms of information Title: ASC Progress Report or before April 19, 2021. technology. All comments will become Standardized Instructions and Format ADDRESSES: You may submit comments, a matter of public record. for Interim and Final Progress Reporting. identified by FR 2064, by any of the Federal Deposit Insurance Corporation. following methods: The ASC has established new grant- Dated at Washington, DC, on February 11, • Agency website: https:// making programs and is responsible for 2021. www.federalreserve.gov/. Follow the monitoring its grantees on the use of James P. Sheesley, instructions for submitting comments at federal funds. The ASC developed this Assistant Executive Secretary. https://www.federalreserve.gov/apps/ progress report for both interim and [FR Doc. 2021–03171 Filed 2–16–21; 8:45 am] foia/proposedregs.aspx. final progress reports for grants issued • Email: regs.comments@ BILLING CODE 6714–01–P under ASC authority. The progress federalreserve.gov. Include the OMB report will be submitted to the ASC number in the subject line of the semi-annually as an attachment to the message. FEDERAL FINANCIAL INSTITUTIONS Standard Form 425, Federal Financial • Fax: (202) 452–3819 or (202) 452– EXAMINATION COUNCIL Report. A draft version of the 3102. instructions and format for the report is [Docket No. AS21–01] • Mail: Ann E. Misback, Secretary, posted on the ASC website at https:// Board of Governors of the Federal Standardized Instructions and Format www.asc.gov/Documents/ Reserve System, 20th Street and To Be Used for Interim and Final GrantsFundingCorrespondence/PR- Constitution Avenue NW, Washington, Progress Reporting FFR%20Reporting%20Instructions%20 DC 20551. and%20Form.pdf. The report will AGENCY: Appraisal Subcommittee of the All public comments are available benefit award recipients by making it Federal Financial Institutions from the Board’s website at https:// easier for them to administer federal Examination Council www.federalreserve.gov/apps/foia/ grant and cooperative agreement ACTION: The Appraisal Subcommittee proposedregs.aspx as submitted, unless programs through standardization of the (ASC) is issuing this Notice of Request modified for technical reasons or to types of information required in for public comment on the standardized remove personally identifiable progress reports, thereby reducing their Appraisal Subcommittee Progress information at the commenter’s request. administrative effort and costs. Report (ASC–PR) format to be used for Accordingly, comments will not be both interim and final progress OMB Number: New Collection. edited to remove any identifying or reporting for all ASC grants and Burden Estimates: contact information. Public comments submission to Office of Management Type of Review: Regular. may also be viewed electronically or in and Budget (OMB) of proposed Affected Public: All ASC grantees. paper in Room 146, 1709 New York Avenue NW, Washington, DC 20006, collection of information. Estimated Number of Respondents: between 9:00 a.m. and 5:00 p.m. on 55. DATES: Written comments must be weekdays. For security reasons, the received on or before March 19, 2021 to Estimated burden per Response: 1 Board requires that visitors make an be assured of consideration. hour. appointment to inspect comments. You ADDRESSES: Written comments and Frequency of Response: Twice per may do so by calling (202) 452–3684. recommendations for the proposed year (semi-annual and annual report). Upon arrival, visitors will be required to information collection should be sent to Estimated Total Annual Burden: 110 present valid government-issued photo www.reginfo.gov/public/do/PRAMain. hours. identification and to submit to security

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screening in order to inspect and including through the use of automated the extent that such information photocopy comments. collection techniques or other forms of obtained by the Board constitutes Additionally, commenters may send a information technology; and nonpublic commercial or financial copy of their comments to the Office of e. Estimates of capital or startup costs information, which is both customarily Management and Budget (OMB) Desk and costs of operation, maintenance, and actually treated as private by the Officer—Shagufta Ahmed—Office of and purchase of services to provide financial institution, the financial Information and Regulatory Affairs, information. institution may request confidential Office of Management and Budget, New At the end of the comment period, the treatment pursuant to exemption 4 of Executive Office Building, Room 10235, comments and recommendations FOIA.4 725 17th Street NW, Washington, DC received will be analyzed to determine Board of Governors of the Federal Reserve 20503, or by fax to (202) 395–6974. the extent to which the Board should System, February 10, 2021. FOR FURTHER INFORMATION CONTACT: modify the proposal. Michele Taylor Fennell, Federal Reserve Board Clearance Proposal Under OMB Delegated Deputy Associate Secretary of the Board. Officer—Nuha Elmaghrabi—Office of Authority To Extend for Three Years, [FR Doc. 2021–03092 Filed 2–16–21; 8:45 am] the Chief Data Officer, Board of Without Revision, the Following BILLING CODE 6210–01–P Governors of the Federal Reserve Information Collection System, Washington, DC 20551, (202) 452–3829. Report title: Recordkeeping Requirements Associated with Changes FEDERAL RESERVE SYSTEM SUPPLEMENTARY INFORMATION: On June in Foreign Investments (Made Pursuant 15, 1984, OMB delegated to the Board Agency Information Collection to Regulation K). Activities: Announcement of Board authority under the PRA to approve and Agency form number: FR 2064. Approval Under Delegated Authority assign OMB control numbers to OMB control number: 7100–0109. and Submission to OMB collections of information conducted or Frequency: On occasion. sponsored by the Board. In exercising Respondents: Internationally active AGENCY: Board of Governors of the this delegated authority, the Board is U.S. banking organizations (member Federal Reserve System. directed to take every reasonable step to banks, Edge Act and agreement SUMMARY: solicit comment. In determining The Board of Governors of the corporations, and bank holding Federal Reserve System (Board) is whether to approve a collection of companies). information, the Board will consider all adopting a proposal to extend for three Estimated number of respondents: 20. years, without revision, the comments received from the public and Estimated average hours per response: other agencies. Recordkeeping, Disclosure, and 2. Reporting Requirements Associated A copy of the Paperwork Reduction Estimated annual burden hours: 160. Act (PRA) OMB submission, including with Securities Transactions Pursuant to General description of report: This Sections 208.34(c), (d), and (g) of the reporting form and instructions, collection concerns internal records that supporting statement, and other Regulation H (FR H–3; OMB No. 7100– internationally active U.S. banking 0196). documentation will be available at organizations (such as internationally FOR FURTHER INFORMATION CONTACT: https://www.reginfo.gov/public/do/ active member banks, Edge Act and PRAMain, if approved. These agreement corporations, and bank Federal Reserve Board Clearance documents will also be made available holding companies) should maintain to Officer—Nuha Elmaghrabi—Office of on the Board’s public website at https:// demonstrate compliance with the the Chief Data Officer, Board of www.federalreserve.gov/apps/ investment provisions contained in Governors of the Federal Reserve reportforms/review.aspx or may be Subpart A of Regulation K— System, Washington, DC 20551, (202) requested from the agency clearance International Banking Operations. 452–3829. Office of Management and officer, whose name appears above. Legal authorization and Budget (OMB) Desk Officer—Shagufta confidentiality: The FR 2064 is Ahmed—Office of Information and Request for Comment on Information Regulatory Affairs, Office of Collection Proposal authorized pursuant to section 5(c) of the Bank Holding Company Act; 1 and Management and Budget, New The Board invites public comment on sections 25(7) and 25A(17) of the Executive Office Building, Room 10235, the following information collection, Federal Reserve Act.2 The institutions’ 725 17th Street NW, Washington, DC which is being reviewed under obligation to retain the records is 20503, or by fax to (202) 395–6974. authority delegated by the OMB under mandatory. SUPPLEMENTARY INFORMATION: On June the PRA. Comments are invited on the The records related to the FR 2064 are 15, 1984, OMB delegated to the Board following: retained at banking organizations. authority under the PRA to approve and a. Whether the proposed collection of However, in the event the records are assign OMB control numbers to information is necessary for the proper obtained by the Board as part of an collections of information conducted or performance of the Board’s functions, examination or supervision of a sponsored by the Board. Board- including whether the information has financial institution, this information approved collections of information are practical utility; may be considered confidential incorporated into the official OMB b. The accuracy of the Board’s pursuant to exemption 8 of the Freedom inventory of currently approved estimate of the burden of the proposed of Information Act (FOIA), which collections of information. The OMB information collection, including the protects information contained in inventory, as well as copies of the PRA validity of the methodology and ‘‘examination, operating, or condition Submission, supporting statements, and assumptions used; reports’’ obtained in the bank approved collection of information c. Ways to enhance the quality, supervisory process.3 Additionally, to instrument(s) are available at https:// utility, and clarity of the information to www.reginfo.gov/public/do/PRAMain. be collected; 1 12 U.S.C. 1844(c). These documents are also available on d. Ways to minimize the burden of 2 12 U.S.C. 602 and 625. information collection on respondents, 3 5 U.S.C. 552(b)(8). 4 5 U.S.C. 552(b)(4).

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the Federal Reserve Board’s public securities transactions for customers FEDERAL RESERVE SYSTEM website at https:// establish and maintain a system of www.federalreserve.gov/apps/ records of these transactions, furnish Proposed Agency Information reportforms/review.aspx or may be confirmations of transactions to Collection Activities; Comment requested from the agency clearance customers that disclose certain Request officer, whose name appears above. information, and establish written AGENCY: Board of Governors of the Final Approval Under OMB Delegated policies and procedures relating to Federal Reserve System. Authority of the Extension for Three securities trading. ACTION: Notice, request for comment. Years, Without Revision, of the Legal authorization and Following Information Collection: confidentiality: FR H–3 is authorized SUMMARY: The Board of Governors of the pursuant to Section 23 of the Act,3 Federal Reserve System (Board) invites Report title: Recordkeeping, comment on a proposal to extend for which empowers the Board to make Disclosure, and Reporting Requirements three years, without revision, the rules and regulations implementing Associated with Securities Transactions Interagency Guidance on Managing Pursuant to Sections 208.34(c), (d), and those portions of the Act for which it is Compliance and Reputation Risks for (g) of Regulation H. responsible. Because these records and Reverse Mortgage Products (FR 4029; Agency form number: FR H–3. disclosures would be maintained at OMB No. 7100–0330). OMB control number: 7100–0196. each banking organization, the Freedom DATES: Comments must be submitted on Frequency: Event-generated, of Information Act (FOIA) would only or before April 19, 2021. quarterly. be implicated if the Board obtained such ADDRESSES: You may submit comments, Respondents: State member banks records as part of the examination or identified by FR 4029, by any of the (SMBs), SMB officers/employees. supervision of a banking organization. Estimated number of respondents: following methods: In the event the records are obtained by • Agency Website: https:// SMBs (de novo): 1; SMBs with trust the Board as part of an examination or departments: 209; SMBs without trust www.federalreserve.gov/. Follow the supervision of a financial institution, instructions for submitting comments at departments: 545; SMB officers/ this information may be considered employees: 2,389. https://www.federalreserve.gov/apps/ confidential pursuant to exemption 8 of Estimated average hours per response: foia/proposedregs.aspx. the FOIA, which protects information • SMBs (de novo): recordkeeping, 40 Email: regs.comments@ contained in ‘‘examination, operating, hours. SMBs with trust departments: federalreserve.gov. Include the OMB recordkeeping, 2 hours; disclosure, 16 or condition reports’’ obtained in the number in the subject line of the 4 hours. SMBs without trust departments: bank supervisory process. In addition, message. • Fax: (202) 452–3819 or (202) 452– recordkeeping, 15 minutes; disclosure, 5 the information may also be kept 3102. hours. SMB officers/employees: confidential under exemption 4 for the • Mail: Ann E. Misback, Secretary, reporting, 2 hours. FOIA, which protects commercial or Board of Governors of the Federal Estimated annual burden hours: financial information obtained from a Reserve System, 20th Street and SMBs (de novo): recordkeeping, 40 person that is privileged or Constitution Avenue NW, Washington, hours. SMBs with trust departments: confidential.5 DC 20551. recordkeeping, 10,032 hours; disclosure, Current actions: On October 14, 2020, All public comments are available 40,128 hours. SMBs without trust the Board published a notice in the from the Board’s website at https:// departments: recordkeeping, 3,815 Federal Register (85 FR 65047) www.federalreserve.gov/apps/foia/ hours; disclosure, 32,700 hours. SMB requesting public comment for 60 days proposedregs.aspx as submitted, unless officers/employees: reporting, 19,112 on the extension, without revision, of modified for technical reasons or to hours. FR H–3. The comment period for this remove personally identifiable General description of report: Section notice expired on December 14, 2020. information at the commenter’s request. 15C of the Securities Exchange Act of The Board did not receive any Accordingly, comments will not be 1934 (the Act), establishes federal comments. edited to remove any identifying or regulation of brokers and dealers of contact information. Public comments government securities, including banks Board of Governors of the Federal Reserve may also be viewed electronically or in and other financial institutions, and System, February 10, 2021. paper in Room 146, 1709 New York directs those brokers and dealers to keep Michele Taylor Fennell, Avenue NW, Washington, DC 20006, certain records.1 These requirements are Deputy Associate Secretary of the Board. between 9:00 a.m. and 5:00 p.m. on implemented for SMBs by sections [FR Doc. 2021–03093 Filed 2–16–21; 8:45 am] weekdays. For security reasons, the 208.34(c), (d), and (g) of the Board’s BILLING CODE 6210–01–P Board requires that visitors make an Regulation H, which require that non- 2 appointment to inspect comments. You exempt state member banks effecting may do so by calling (202) 452–3684. Rulemaking Board. In addition, SMBs with an Upon arrival, visitors will be required to 1 12 U.S.C. 78o–5(a), (d). annual average of less than 200 securities 2 The requirements of section 208.34 of present valid government-issued photo Regulation H apply to all SMBs that effect more transactions for customers over the prior three identification and to submit to security than 500 government securities brokerage calendar years (exclusive of transactions in U.S. screening in order to inspect and transactions per year, unless the institution has government and agency obligations) are exempt photocopy comments. filed a written notice, or is required to file notice, from these Regulation H recordkeeping, disclosure, Additionally, commenters may send a with the Board that it acts as a government and reporting requirements. See 12 CFR securities broker or a government securities dealer. 208.34(a)(1)(i)–(iv). copy of their comments to the Office of These requirements also do not apply to activities 3 15 U.S.C. 78w. The Board also has the authority Management and Budget (OMB) Desk of foreign branches of SMBs; activities of to require reports from SMBs (12 U.S.C. 248(a) and Officer—Shagufta Ahmed—Office of nonmember, non-insured trust company 324). subsidiaries of bank holding companies; or Information and Regulatory Affairs, activities that are subject to regulations 4 5 U.S.C. 552(b)(8). Office of Management and Budget, New promulgated by the Municipal Securities 5 5 U.S.C. 552(b)(4). Executive Office Building, Room 10235,

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725 17th Street NW, Washington, DC received will be analyzed to determine banking organization. In the event the 20503, or by fax to (202) 395–6974. the extent to which the Board should records are obtained by the Board as FOR FURTHER INFORMATION CONTACT: modify the proposal. part of the examination or supervision of a financial institution, this Federal Reserve Board Clearance Proposal Under OMB Delegated information may be considered Officer—Nuha Elmaghrabi—Office of Authority To Extend for Three Years, confidential pursuant to exemption 8 of the Chief Data Officer, Board of Without Revision, the Following the FOIA, which protects information Governors of the Federal Reserve Information Collection System, Washington, DC 20551, (202) contained in ‘‘examination, operating, 452–3829. Report title: Interagency Guidance on or condition reports’’ obtained in the Managing Compliance and Reputation 2 SUPPLEMENTARY INFORMATION: On June bank supervisory process. In addition, Risks for Reverse Mortgage Products. 15, 1984, OMB delegated to the Board the information may also be kept Agency form number: FR 4029. authority under the PRA to approve and confidential under exemption 4 of the OMB control number: 7100–0330. FOIA, which protects trade secrets and assign OMB control numbers to Frequency: Annually. collections of information conducted or commercial or financial information Respondents: State member banks obtained from a person that is both sponsored by the Board. In exercising that originate proprietary reverse this delegated authority, the Board is customarily and actually treated as mortgages. private by the respondent.3 directed to take every reasonable step to Estimated number of respondents: solicit comment. In determining Implementation of policies and Board of Governors of the Federal Reserve System, February 10, 2021. whether to approve a collection of procedures, 1 and Review and information, the Board will consider all maintenance of policies and procedures, Michele Taylor Fennell, comments received from the public and 7. Deputy Associate Secretary of the Board. other agencies. Estimated average hours per response: [FR Doc. 2021–03091 Filed 2–16–21; 8:45 am] A copy of the Paperwork Reduction Implementation of policies and BILLING CODE 6210–01–P Act (PRA) OMB submission, including procedures, 40 and Review and the reporting form and instructions, maintenance of policies and procedures, supporting statement, and other 8. documentation will be available at Estimated annual burden hours: FEDERAL RETIREMENT THRIFT https://www.reginfo.gov/public/do/ Implementation of policies and INVESTMENT BOARD PRAMain, if approved. These procedures, 40 and Review and Notice of Board Meeting documents will also be made available maintenance of policies and procedures, on the Board’s public website at https:// 56. DATES: February 23, 2021 at 10 a.m. www.federalreserve.gov/apps/ General description of report: The reportforms/review.aspx or may be ADDRESSES: Telephonic. Dial-in (listen reverse mortgage guidance discusses the only) information: Number: 1–415–527– requested from the agency clearance reporting, recordkeeping, and officer, whose name appears above. 5035, Code: 199 823 1558; or via web: disclosures required by federal laws and https://tspmeet.webex.com/tspmeet/ Request for Comment on Information regulations and also discusses consumer onstage/g.php?MTID=e2efffcede5c Collection Proposal disclosures that financial institutions 039e6f0391d2594443262. typically provide as a standard business The Board invites public comment on practice. FOR FURTHER INFORMATION CONTACT: the following information collection, Legal authorization and Kimberly Weaver, Director, Office of which is being reviewed under confidentiality: The information External Affairs, (202) 942–1640. authority delegated by the OMB under collection is authorized pursuant to the SUPPLEMENTARY INFORMATION: the PRA. Comments are invited on the Board’s examination authority, which is following: located in section 11 of the Federal Board Meeting Agenda a. Whether the proposed collection of Reserve Act for state member banks.1 Open Session information is necessary for the proper The guidance is voluntary. Because the 1. Approval of the January 26, 2021 performance of the Board’s functions, documentation encouraged by the Board Meeting Minutes including whether the information has guidance is maintained by each 2. Monthly Reports practical utility; institution, the Freedom of Information (a) Participant Activity Report b. The accuracy of the Board’s Act (FOIA) would only be implicated if (b) Investment Performance estimate of the burden of the proposed the Board obtained such records as part (c) Legislative Report information collection, including the of the examination or supervision of a validity of the methodology and 3. Quarterly Reports (d) Metrics assumptions used; 1 12 U.S.C. 248. Although there is no information c. Ways to enhance the quality, indicating that Federal Reserve-supervised financial 4. Multi-asset Manager Update utility, and clarity of the information to institutions other than state member banks originate 5. Federal Information Security be collected; reverse mortgage loans, this collection would be Modernization Act (FISMA) Report d. Ways to minimize the burden of authorized by sections 25 and 25A of the Federal Reserve Act (12 U.S.C. 602, 625) for Edge and Closed Session information collection on respondents, Agreement corporations, section 5 of the Bank including through the use of automated Holding Company Act of 1956 (12 U.S.C. 1844) for 6. Information covered under 5 U.S.C. collection techniques or other forms of bank holding companies and, in conjunction with 552b (c)(9)(B) and (c)(10). section 8 of the International Banking Act (12 information technology; and U.S.C. 3106), for foreign banking organizations. The Informational Session e. Estimates of capital or startup costs information collection would be authorized by the and costs of operation, maintenance, examination authority in section 7(c) of the 7. Records Management Training and purchase of services to provide International Banking Act of 1978 (12 U.S.C. Authority: 5 U.S.C. 552b(e)(1). 3105(c)) for branches and agencies of foreign banks, information. and by section 10 of the Home Owners’ Loan Act At the end of the comment period, the (12 U.S.C. 1467a) for savings and loan holding 2 5 U.S.C. 552(b)(8). comments and recommendations companies. 3 5 U.S.C. 552(b)(4).

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Dated: February 10, 2021. expulsion unaccompanied noncitizen the District of Columbia Circuit granted a Dharmesh Vashee, children encountered in the United stay pending appeal of the District Court’s Acting General Counsel, Federal Retirement States pending the outcome of its PJES preliminary injunction.3 Thrift Investment Board. forthcoming public health reassessment The current COVID–19 pandemic [FR Doc. 2021–03102 Filed 2–16–21; 8:45 am] of the Order. This temporary exception continues to be a highly dynamic public health emergency. CDC is in the process of BILLING CODE P from expulsion went into effect on or about Saturday, January 30, 2021, and reassessing the overall public health risk at will remain in effect until CDC has the United States’ borders and its ‘‘Order Suspending the Right To Introduce Certain DEPARTMENT OF HEALTH AND completed its public health assessment Persons From Countries Where a HUMAN SERVICES and published any notice or modified Order. All other terms of the Order, Quarantinable Communicable Disease Centers for Disease Control and including its application to adults, Exists’’ based on the most current Prevention remain in place until such time as any information regarding the COVID–19 modified Order is issued. pandemic as well as the situation at the Notice of Temporary Exception From Separately, on February 2, 2021 the Nation’s borders.4 Although the D.C. Circuit’s Expulsion of Unaccompanied President signed Executive Order 14010, stay pending appeal permits the CDC to Noncitizen Children Pending ‘Creating a Comprehensive Regional enforce its order and immediately expel Forthcoming Public Health Framework to Address the Causes of unaccompanied noncitizen children, CDC Determination Migration, to Manage Migration has exercised its discretion to temporarily Through Norther and Central America, except from expulsion unaccompanied AGENCY: 5 Centers for Disease Control and and to Provide Safe and Orderly noncitizen children encountered in the Prevention (CDC), Department of Health Processing of Asylum Seekers at the United States pending the outcome of its and Human Services (HHS). United States Border’ (86 FR 8267). This forthcoming public health reassessment of ACTION: General Notice. Executive Order requires a review of the the Order. This temporary exception went into effect on or about Saturday, January 30, CDC Order to determine whether the SUMMARY: The Centers for Disease 2021, and will remain in effect until CDC has CDC Order should be terminated, Control and Prevention (CDC), located completed its public health assessment and rescinded, or modified. within the Department of Health and A copy of the Notice can be found at published any notice or modified Order. All other terms of the Order, including its Human Services (HHS) announces a https://www.cdc.gov/coronavirus/2019- application to adults, remain in place until temporary exception from expulsion for ncov/more/pdf/CDCPauseNotice- such time as any modified Order is issued.6 unaccompanied noncitizen children to ExceptfromExpulsion.pdf its Order issued October 13, 2020 In testimony whereof, the Director, Centers suspending the right to introduce U.S. Department of Health and Human for Disease Control and Prevention, U.S. certain persons from countries where a Services Department of Health and Human Services, quarantinable communicable disease Centers for Disease Control and Prevention has hereunto set her hand at Atlanta, Georgia, exists. (CDC) this 11th day of February, 2021. DATES: The temporary exception went Order Under Sections 362 & 365 of the Sherri Berger, into effect on or about January 30, 2021. Public Health Service Act (42 U.S.C. 265, Acting Chief of Staff, Centers for Disease 268): FOR FURTHER INFORMATION CONTACT: Control and Prevention. Jennifer Buigut, Division of Global Notice of Temporary Exception From [FR Doc. 2021–03227 Filed 2–12–21; 11:15 am] Migration and Quarantine, Centers for Expulsion of Unaccompanied Noncitizen BILLING CODE 4163–18–P Disease Control and Prevention, 1600 Children Encountered in the United States Pending Forthcoming Public Health Clifton Road NE, MS H16–4, Atlanta, 3 Determination No. 20–5357, Doc. No. 1882899. Georgia 30329. Telephone: 404–498– 4 Review of CDC’s 265 Order is also directed by 1600. Email: [email protected]. *** Executive Order 14010, Sec. 4(a)(ii)(A), ‘‘Creating a SUPPLEMENTARY INFORMATION: On Pursuant to its authority under 42 U.S.C. Comprehensive Regional Framework to Address the October 13, 2020, the CDC Director 265, 268, and implementing regulations, and Causes of Migration, to Manage Migration due to the COVID–19 pandemic, CDC issued Throughout North and Central America, and to issued an Agency Order titled ‘Order an Order suspending the right to introduce Provide Safe and Orderly Processing of Asylum Suspending the Right to Introduce and prohibiting the introduction of covered Seekers at the United States Border,’’ Feb, 2, 2021, Certain Persons From Countries Where aliens travelling into the United States from 86 FR 8267 (Feb. 5, 2021). a Quarantinable Communicable Disease Mexico and Canada.1 On November 18, 2020, 5 Unaccompanied noncitizen children are Exists’ (85 FR 65806; pub. Oct. 16, the United States District Court for the unaccompanied children who do not hold valid 2020). The CDC Order was based on the District of Columbia entered a preliminary travel documents and who are encountered by the U.S. Department of Homeland Security (DHS) in the most current information at that time injunction in PJES v. Mayorkas (‘‘PJES injunction’’),2 enjoining the expulsion of United States or otherwise upon introduction into regarding the COVID–19 pandemic and unaccompanied noncitizen children the United States. CDC understands the situation at the Nation’s borders. pursuant to the Order. On Friday, January 29, ‘‘unaccompanied noncitizen children’’ as the class The Order implemented a final rule 2021, the United States Court of Appeals for of individuals subject to the PJES litigation (‘‘all published September 11, 2020 entitled unaccompanied noncitizen children who (1) are or will be detained in U.S. government custody in the ‘‘Control of Communicable Diseases; 1 See Notice of Order Suspending the Right To United States, and (2) are or will be subjected to Introduce Certain Persons From Countries Where a Foreign Quarantine: Suspension of the expulsion from the United States under the CDC Quarantinable Communicable Disease Exists, 85 FR Right to Introduce and Prohibition of Order Process’’). It is also CDC’s understanding that 65,806, 65,812 (Oct. 16, 2020; eff. Oct. 13, 2020), Introduction of Persons From replacing the Order Suspending Introduction of this class of individuals is similar to or the same Designated Countries or Places for Certain Persons from Countries Where a as those individuals who would be considered Public Health Purposes’’ (85 FR 56424). Communicable Disease Exists, 85 FR 17,060 (Mar. ‘‘unaccompanied alien children’’ for purposes of The final rule was effective October 13, 26, 2020; eff. Mar. 20, 2020), as extended, 85 FR HHS Office of Refugee Resettlement custody, were 22,424 (Apr. 22, 2020; eff. Apr. 20, 2020), and as DHS to make the necessary immigration 2020. amended and extended, 85 FR 31,503 (May 26, determinations under Title 8 of the United States CDC has decided to exercise its 2020; eff. May 21, 2020). Code. discretion to temporarily except from 2 No. 1:20–cv–02245 (D.D.C.), Dkt. Nos. 79–80. 6 See 85 FR 65,806.

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DEPARTMENT OF HEALTH AND continue to evaluate any relevant • Confidential Submissions—To HUMAN SERVICES applications or information, and submit a comment with confidential consider any comments submitted to the information that you do not wish to be [Docket No. FDA–2021–N–0088] docket, as appropriate. made publicly available, submit your Cellular, Tissue and Gene Therapies You may submit comments as comments only as a written/paper Advisory Committee; Notice of follows: submission. You should submit two Meeting; Establishment of a Public Electronic Submissions copies total. One copy will include the Docket; Request for Comments information you claim to be confidential Submit electronic comments in the with a heading or cover note that states AGENCY: Food and Drug Administration, following way: • ‘‘THIS DOCUMENT CONTAINS HHS. Federal eRulemaking Portal: CONFIDENTIAL INFORMATION.’’ FDA https://www.regulations.gov. Follow the ACTION: Notice; establishment of a will review this copy, including the instructions for submitting comments. public docket; request for comments. claimed confidential information, in its Comments submitted electronically, consideration of comments. The second SUMMARY: The Food and Drug including attachments, to https:// copy, which will have the claimed Administration (FDA) announces a www.regulations.gov will be posted to confidential information redacted/ forthcoming public advisory committee the docket unchanged. Because your blacked out, will be available for public meeting of the Cellular, Tissue and Gene comment will be made public, you are viewing and posted on https:// Therapies Advisory Committee. The solely responsible for ensuring that your www.regulations.gov. Submit both general function of the committee is to comment does not include any copies to the Dockets Management Staff. provide advice and recommendations to confidential information that you or a If you do not wish your name and FDA on scientific issues. The meeting third party may not wish to be posted, contact information be made publicly will be open to the public. FDA is such as medical information, your or available, you can provide this establishing a docket for public anyone else’s Social Security number, or information on the cover sheet and not comment on this document. confidential business information, such in the body of your comments and you DATES: The meeting will be held on as a manufacturing process. Please note must identify the information as April 15, 2021, from 10 a.m. to 6 p.m. that if you include your name, contact ‘‘confidential.’’ Any information marked Eastern Time. information, or other information that as ‘‘confidential’’ will not be disclosed identifies you in the body of your ADDRESSES: except in accordance with 21 CFR 10.20 Please note that due to the comments, that information will be impact of the COVID–19 pandemic, all and other applicable disclosure law. For posted on https://www.regulations.gov. more information about FDA’s posting meeting participants will be joining this • If you want to submit a comment advisory committee meeting via an of comments to public dockets, see 80 with confidential information that you FR 56469, September 18, 2015, or access online teleconferencing platform. do not wish to be made available to the Answers to commonly asked questions the information at: https://www.gpo.gov/ public, submit the comment as a fdsys/pkg/FR-2015-09-18/pdf/2015- about FDA advisory committee meetings written/paper submission and in the may be accessed at: https:// 23389.pdf. manner detailed (see ‘‘Written/Paper Docket: For access to the docket to www.fda.gov/advisory-committees/ Submissions’’ and ‘‘Instructions’’). about-advisory-committees/common- read background documents or the questions-and-answers-about-fda- Written/Paper Submissions electronic and written/paper comments advisory-committee-meetings. The Submit written/paper submissions as received, go to https:// online web conference meeting will be follows: www.regulations.gov and insert the available at the following link on the • Mail/Hand delivery/Courier (for docket number, found in brackets in the day of the meeting: https://youtu.be/ written/paper submissions): Dockets heading of this document, into the qufQ5NO2aYE. Management Staff (HFA–305), Food and ‘‘Search’’ box and follow the prompts FDA is establishing a docket for Drug Administration, 5630 Fishers and/or go to the Dockets Management public comment on this meeting. The Lane, Rm. 1061, Rockville, MD 20852. Staff, 5630 Fishers Lane, Rm. 1061, docket number is FDA–2021–N–0088. • For written/paper comments Rockville, MD 20852, 240–402–7500. The docket will close on April 14, 2021. submitted to the Dockets Management FOR FURTHER INFORMATION CONTACT: Submit either electronic or written Staff, FDA will post your comment, as Jarrod Collier or Joanne Lipkind, Center comments on this public meeting on or well as any attachments, except for for Biologics Evaluation and Research, before April 14, 2021. Please note that information submitted, marked and Food and Drug Administration, 10903 late, untimely filed comments will not identified, as confidential, if submitted New Hampshire Ave., Bldg. 71, Rm. be considered. The https:// as detailed in ‘‘Instructions.’’ 6268, Silver Spring, MD 20993–0002, www.regulations.gov electronic filing Instructions: All submissions received [email protected], or FDA Advisory system will accept comments until must include the Docket No. FDA– Committee Information Line, 1–800– 11:59 p.m. Eastern Time at the end of 2021–N–0088 for ‘‘Cellular, Tissue and 741–8138 (301–443–0572 in the April 14, 2021. Comments received by Gene Therapies Advisory Committee; Washington, DC area). A notice in the mail/hand delivery/courier (for written/ Notice of Meeting; Establishment of a Federal Register about last-minute paper submissions) will be considered Public Docket; Request for Comments.’’ modifications that impact a previously timely if they are postmarked or the Received comments, those filed in a announced advisory committee meeting delivery service acceptance receipt is on timely manner (see ADDRESSES), will be cannot always be published quickly or before that date. placed in the docket and, except for enough to provide timely notice. Comments received on or before April those submitted as ‘‘Confidential Therefore, you should always check the 8, 2021, will be provided to the Submissions,’’ publicly viewable at FDA’s website at https://www.fda.gov/ committee. Comments received after https://www.regulations.gov or at the AdvisoryCommittees/default.htm and that date will be taken into Dockets Management Staff between 9 scroll down to the appropriate advisory consideration by FDA. In the event that a.m. and 4 p.m., Monday through committee meeting link, or call the the meeting is cancelled, FDA will Friday, 240–402–7500. advisory committee information line to

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learn about possible modifications open public hearing session, FDA may and Research, Food and Drug before coming to the meeting. conduct a lottery to determine the Administration, 10903 New Hampshire SUPPLEMENTARY INFORMATION: speakers for the scheduled open public Ave., Bldg. 51, Rm. 6206, Silver Spring, Agenda: The meeting presentations hearing session. The contact person will MD 20993–0002, 240–402–4191, will be heard, viewed, captioned, and notify interested persons regarding their [email protected]. recorded through an online request to speak by April 1, 2021. SUPPLEMENTARY INFORMATION: In 1984, teleconferencing platform. On April 15, For press inquiries, please contact the Congress enacted the Drug Price 2021, the committee will discuss Office of Media Affairs at fdaoma@ Competition and Patent Term biologics license application (BLA) fda.hhs.gov or 301–796–4540. Restoration Act of 1984 (Pub. L. 98–417) 125734 for donislecel (purified FDA welcomes the attendance of the (the 1984 amendments), which allogeneic deceased donor pancreas public at its advisory committee authorized the approval of duplicate derived islets of Langerhans). The meetings and will make every effort to versions of drug products under an applicant, CellTrans, Inc., has requested accommodate persons with disabilities. ANDA procedure. ANDA applicants an indication for the ‘‘treatment of If you require accommodations due to a must, with certain exceptions, show that brittle Type 1 diabetes mellitus (T1D).’’ disability, please contact Jarrod Collier the drug for which they are seeking FOR FURTHER The morning session will discuss issues at [email protected] (see approval contains the same active related to the characterization and INFORMATION CONTACT) at least 7 days in ingredient in the same strength and critical quality attributes of donislecel advance of the meeting. dosage form as the ‘‘listed drug,’’ which FDA is committed to the orderly as they relate to product comparability is a version of the drug that was conduct of its advisory committee in the context of consistent product previously approved. ANDA applicants meetings. Please visit our website at quality and clinical effectiveness. The do not have to repeat the extensive https://www.fda.gov/advisory- afternoon session will discuss results clinical testing otherwise necessary to committees/about-advisory-committees/ from the clinical trials included in BLA gain approval of a new drug application public-conduct-during-fda-advisory- 125734. (NDA). committee-meetings for procedures on FDA intends to make background The 1984 amendments include what public conduct during advisory material available to the public no later is now section 505(j)(7) of the Federal committee meetings. than 2 business days before the meeting. Notice of this meeting is given under Food, Drug, and Cosmetic Act (FD&C If FDA is unable to post the background the Federal Advisory Committee Act (5 Act) (21 U.S.C. 355(j)(7)), which material on its website prior to the U.S.C. app. 2). requires FDA to publish a list of all meeting, the background material will approved drugs. FDA publishes this list be made publicly available on FDA’s Dated: February 10, 2021. as part of the ‘‘Approved Drug Products website at the time of the advisory Lauren K. Roth, With Therapeutic Equivalence committee meeting. Background Acting Principal Associate Commissioner for Evaluations,’’ which is known generally material and the link to the online Policy. as the ‘‘Orange Book.’’ Drugs are teleconference meeting room will be [FR Doc. 2021–03173 Filed 2–16–21; 8:45 am] removed from the list if the Agency available at https://www.fda.gov/ BILLING CODE 4164–01–P withdraws or suspends approval of the AdvisoryCommittees/Calendar/ drug’s NDA or ANDA for reasons of default.htm. Scroll down to the safety or effectiveness or if FDA appropriate advisory committee meeting DEPARTMENT OF HEALTH AND determines that the listed drug was link. The meeting will include slide HUMAN SERVICES withdrawn from sale for reasons of presentations with audio components to safety or effectiveness (21 CFR 314.162; Food and Drug Administration allow the presentation of materials in a section 505(j)(7) of the FD&C Act). manner that most closely resembles an [Docket Nos. FDA–2020–P–1511 and FDA– A person may petition the Agency to in-person advisory committee meeting. 2020–P–1549] determine, or the Agency may Procedure: Interested persons may determine on its own initiative, whether present data, information, or views, Determination That NYMALIZE a listed drug was withdrawn from sale orally or in writing, on issues pending (nimodipine), Oral Solution, 3 for reasons of safety or effectiveness before the committee. All electronic and Milligrams/Milliliter, Was Not (§ 314.161 (21 CFR 314.161)). This written submissions submitted to the Withdrawn From Sale for Reasons of determination may be made at any time Safety or Effectiveness Docket (see ADDRESSES) on or before after the drug has been withdrawn from April 8, 2021, will be provided to the AGENCY: Food and Drug Administration, sale but must be made prior to committee. Oral presentations from the HHS. approving an ANDA that refers to the public will be scheduled between ACTION: Notice. listed drug. FDA may not approve an approximately 1:45 p.m. and 2:45 p.m. ANDA that does not refer to a listed Those individuals interested in making SUMMARY: The Food and Drug drug (see section 505(j)(4) of the FD&C formal oral presentations should notify Administration (FDA, the Agency, or Act). the contact person and submit a brief we) has determined that NYMALIZE NYMALIZE (nimodipine), oral statement of the general nature of the (nimodipine), oral solution, 3 solution, 3 mg/mL, is the subject of evidence or arguments they wish to milligrams (mg)/milliliter (mL), was not NDA 203340, held by Arbor present, the names and addresses of withdrawn from sale for reasons of Pharmaceuticals, LLC (Arbor), and proposed participants, and an safety or effectiveness. This initially approved on May 10, 2013. indication of the approximate time determination will allow FDA to NYMALIZE is indicated for the requested to make their presentation on approve abbreviated new drug improvement of neurological outcome or before March 31, 2021. Time allotted applications (ANDAs) for nimodipine, by reducing the incidence and severity for each presentation may be limited. If oral solution, 3 mg/mL, if all other legal of ischemic deficits in adult patients the number of registrants requesting to and regulatory requirements are met. with subarachnoid hemorrhage from speak is greater than can be reasonably FOR FURTHER INFORMATION CONTACT: ruptured intracranial berry aneurysms accommodated during the scheduled Ayako Sato, Center for Drug Evaluation regardless of their post-ictus

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neurological condition (i.e., Hunt and formulation of PROTONIX I.V. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Hess Grades I through V). (pantoprazole sodium) for injection. Our as amended. The grant applications and In a letter dated May 4, 2020, Arbor finding that the 3 mg/mL strength for the discussions could disclose notified FDA that NYMALIZE NYMALIZE was not withdrawn from confidential trade secrets or commercial (nimodipine), oral solution, 3 mg/mL sale for reasons of safety is factually property such as patentable material, was being discontinued, and FDA distinguishable from BREVIBLOC and and personal information concerning moved the drug product to the PROTONIX I.V. individuals associated with the grant ‘‘Discontinued Drug Product List’’ Based on a thorough evaluation of the applications, the disclosure of which section of the Orange Book. As information we have available to us and would constitute a clearly unwarranted indicated in the Orange Book, Arbor the latest version of the approved invasion of personal privacy. markets a 6 mg/mL strength of labeling for NYMALIZE (nimodipine), Name of Committee: Center for Scientific NYMALIZE (nimodipine) oral solution, oral solution, 3 mg/mL, we have Review Special Emphasis Panel; which was approved through NDA determined that this drug product Fellowships: Surgical Sciences, Biomedical 203340/S–011 on April 8, 2020. would be considered safe and effective Imaging and Bioengineering. Annora Pharma Private Limited if it were reintroduced to the market Date: March 16, 2021. submitted a citizen petition dated June today. Certain labeling changes should Time: 1:00 p.m. to 2:00 p.m. 6, 2020 (Docket No. FDA–2020–P–1511) be considered to prevent future Agenda: To review and evaluate grant and Windels Marx Lane & Mittendorf, medication errors due to the presence of applications. Place: National Institutes of Health, LLC submitted a citizen petition dated two different strengths of NYMALIZE June 10, 2020 (Docket No. FDA–2020– Rockledge II, 6701 Rockledge Drive, (nimodipine), oral solution, on the Bethesda, MD 20892 (Virtual Meeting). P–1549), both under 21 CFR 10.30, market (i.e., NYMALIZE (nimodipine), Contact Person: Yuanna Cheng, MD, Ph.D., requesting that the Agency determine oral solution, 3 mg/mL and NYMALIZE Scientific Review Officer, Center for whether NYMALIZE (nimodipine), oral (nimodipine), oral solution, 6 mg/mL), Scientific Review, National Institutes of solution, 3 mg/mL was withdrawn from but no existing safety signals or efficacy Health, 6701 Rockledge Drive, Room 4138, sale for reasons of safety or concerns make labeling changes MSC 7814, Bethesda, MD 20892, (301) 435– effectiveness. necessary. 1195, [email protected]. After considering the citizen petitions Accordingly, the Agency will Name of Committee: Center for Scientific and comments submitted to the dockets continue to list NYMALIZE Review Special Emphasis Panel; PAR20–117: and reviewing Agency records and (nimodipine), oral solution, 3 mg/mL, in Maximizing Investigators’ Research Award based on the information we have at this (MIRA) for Early Stage Investigators (R35— the ‘‘Discontinued Drug Product List’’ Clinical Trial Optional). time, FDA has determined under section of the Orange Book. The § 314.161 that NYMALIZE Date: March 17–18, 2021. ‘‘Discontinued Drug Product List’’ Time: 9:00 a.m. to 7:00 p.m. (nimodipine), oral solution, 3 mg/mL, delineates, among other items, drug Agenda: To review and evaluate grant was not withdrawn for reasons of safety products that have been discontinued applications. or effectiveness. The petitioner has from marketing for reasons other than Place: National Institutes of Health, identified no data or other information safety or effectiveness. ANDAs that refer Rockledge II, 6701 Rockledge Drive, suggesting that NYMALIZE to NYMALIZE (nimodipine), oral Bethesda, MD 20892 (Virtual Meeting). Contact Person: Guoqin Yu, Ph.D., (nimodipine), oral solution, 3 mg/mL, solution, 3 mg/mL, may be approved by was withdrawn for reasons of safety or Scientific Review Officer, Center for the Agency as long as they meet all Scientific Review, National Institutes of effectiveness. We have carefully other legal and regulatory requirements reviewed our files for records Health, 6701 Rockledge Drive, Bethesda, MD for the approval of ANDAs. If FDA 20892, (301) 435–1276, [email protected]. concerning the withdrawal of determines that labeling for this drug NYMALIZE (nimodipine), oral solution, Name of Committee: Center for Scientific product should be revised to meet Review Special Emphasis Panel; Small 3 mg/mL, from sale. We have also current standards, the Agency will Business: Immune Responses and Vaccines independently evaluated relevant advise ANDA applicants to submit such to Microbial Infections. literature and data for possible labeling. Date: March 17–18, 2021. postmarketing adverse events. Time: 9:30 a.m. to 7:00 p.m. A comment submitted by Arbor Dated: February 10, 2021. Agenda: To review and evaluate grant suggests that it was necessary to Lauren K. Roth, applications. discontinue marketing the 3 mg/mL Acting Principal Associate Commissioner for Place: National Institutes of Health, strength to mitigate potential confusion Policy. Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting). between the 3 mg/mL and 6 mg/mL [FR Doc. 2021–03083 Filed 2–16–21; 8:45 am] strengths of NYMALIZE (nimodipine), Contact Person: Barna Dey, Ph.D., BILLING CODE 4164–01–P Scientific Review Officer, Center for oral solution. FDA disagrees. While Scientific Review, National Institutes of discontinuation of the 3 mg/mL strength Health, 6701 Rockledge Drive, Room 3184, is one way to reduce the risk of DEPARTMENT OF HEALTH AND Bethesda, MD 20892, 301–451–2796, bdey@ confusion between the two strengths, HUMAN SERVICES mail.nih.gov. there are other (often-used) mitigation Name of Committee: Center for Scientific strategies that may be employed to National Institutes of Health Review Special Emphasis Panel; Member reduce the risk of confusion among Conflicts: Healthcare Delivery and Center for Scientific Review; Notice of multiple marketed strengths of a drug Methodologies. Closed Meetings that could have been used by Arbor. Date: March 17, 2021. Arbor’s comment also states that FDA Pursuant to section 10(d) of the Time: 9:30 a.m. to 5:00 p.m. should find that the 3 mg/mL strength Agenda: To review and evaluate grant Federal Advisory Committee Act, as applications. was discontinued for safety reasons amended, notice is hereby given of the Place: National Institutes of Health, because the Agency made similar following meetings. Rockledge II, 6701 Rockledge Drive, determinations for BREVIBLOC The meetings will be closed to the Bethesda, MD 20892 (Virtual Meeting). (esmolol hydrochloride) injection, 250 public in accordance with the Contact Person: Karen Nieves Lugo, MPH, mg/mL, 10-mL ampule, and the original provisions set forth in sections Ph.D., Scientific Review Officer, Center for

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Scientific Review, National Institutes of Time: 12:00 p.m. to 1:00 p.m. Name of Committee: National Institute of Health, Bethesda, MD 20892, 301–594–9088, Agenda: To review and evaluate grant Mental Health Special Emphasis Panel; [email protected]. applications. Computational Psychiatry Review Meeting Name of Committee: Center for Scientific Place: National Institutes of Health, (R01, R21). Review Special Emphasis Panel; PAR–20– Rockledge II, 6701 Rockledge Drive, Date: March 11, 2021. 131: Mammalian Models for Translational Bethesda, MD 20892 (Telephone Conference Time: 11:00 a.m. to 5:30 p.m. Research. Call). Agenda: To review and evaluate grant Date: March 17, 2021. Contact Person: Jonathan Arias, Ph.D., applications. Time: 10:00 a.m. to 6:00 p.m. Scientific Review Officer, Center for Place: National Institutes of Health, Agenda: To review and evaluate grant Scientific Review, National Institutes of Neuroscience Center, 6001 Executive applications. Health, 6701 Rockledge Drive, Room 5170, Boulevard, Rockville, MD 20852 (Telephone Place: National Institutes of Health, MSC 7840, Bethesda, MD 20892, 301–435– Conference Call). Rockledge II, 6701 Rockledge Drive, 2406, [email protected]. Contact Person: Rebecca Steiner Garcia, Ph.D., Scientific Review Officer, Division of Bethesda, MD 20892 (Virtual Meeting). (Catalogue of Federal Domestic Assistance Extramural Activities, National Institute of Contact Person: Malaya Chatterjee, Ph.D., Program Nos. 93.306, Comparative Medicine; Mental Health, NIH, Neuroscience Center, Scientific Review Officer, Center for 93.333, Clinical Research, 93.306, 93.333, 6001 Executive Blvd., Room 6149, MSC 9608, Scientific Review, National Institutes of 93.337, 93.393–93.396, 93.837–93.844, Bethesda, MD 20892–9608, 301–443–4525, Health, 6701 Rockledge Drive, Room 6192, 93.846–93.878, 93.892, 93.893, National [email protected]. MSC 7804, Bethesda, MD 20892, 301–806– Institutes of Health, HHS) 2515, [email protected]. Name of Committee: National Institute of Dated: February 10, 2021. Name of Committee: Center for Scientific Mental Health Special Emphasis Panel; Review Special Emphasis Panel; Biomedical Ronald J. Livingston, Jr., Pharmacologic or Device-based Interventions Data Repositories and Knowledgebases. Program Analyst, Office of Federal Advisory for the Treatment of Mental Disorders. Date: March 17–18, 2021. Committee Policy. Date: March 12, 2021. Time: 11:00 a.m. to 12:30 p.m. Time: 10:00 a.m. to 7:30 p.m. [FR Doc. 2021–03098 Filed 2–16–21; 8:45 am] Agenda: To review and evaluate grant Agenda: To review and evaluate grant BILLING CODE 4140–01–P applications. applications. Place: National Institutes of Health, Place: National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Neuroscience Center, 6001 Executive Bethesda, MD 20892 (Virtual Meeting). DEPARTMENT OF HEALTH AND Boulevard, Rockville, MD 20852 (Telephone Contact Person: Joseph Thomas Peterson, HUMAN SERVICES Conference Call). Ph.D., Scientific Review Officer, Center for Contact Person: Serena Chu, Ph.D., Scientific Review, National Institutes of National Institutes of Health Scientific Review Officer, Division of Health, 6701 Rockledge Drive, Room 4118, Extramural Activities, National Institute of MSC 7814, Bethesda, MD 20892, 301–408– National Institute of Mental Health; Mental Health, NIH, Neuroscience Center, 9694, [email protected]. Notice of Closed Meetings 6001 Executive Blvd., Room 6000, MSC 9606, Bethesda, MD 20852, 301–500–5829, Name of Committee: Center for Scientific Pursuant to section 10(d) of the [email protected]. Review Special Emphasis Panel; Member Conflict: Digestive system inflammatory Federal Advisory Committee Act, as (Catalogue of Federal Domestic Assistance disease. amended, notice is hereby given of the Program No. 93.242, Mental Health Research Grants, National Institutes of Health, HHS) Date: March 17, 2021. following meetings. Time: 11:00 a.m. to 3:00 p.m. The meetings will be closed to the Dated: February 10, 2021. Agenda: To review and evaluate grant public in accordance with the Melanie J. Pantoja, applications. provisions set forth in sections Program Analyst, Office of Federal Advisory Place: National Institutes of Health, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Committee Policy. Rockledge II, 6701 Rockledge Drive, as amended. The grant applications and [FR Doc. 2021–03113 Filed 2–16–21; 8:45 am] Bethesda, MD 20892 (Virtual Meeting). the discussions could disclose Contact Person: Ganesan Ramesh, Ph.D., BILLING CODE 4140–01–P Center for Scientific Review, National confidential trade secrets or commercial Institutes of Health, 6701 Rockledge Drive, property such as patentable material, Room 2182, MSC 7818, Bethesda, MD 20892, and personal information concerning DEPARTMENT OF HEALTH AND (301) 827–5467, [email protected]. individuals associated with the grant HUMAN SERVICES Name of Committee: Center for Scientific applications, the disclosure of which Review Special Emphasis Panel; Member would constitute a clearly unwarranted National Institutes of Health Conflict: Cancer Prevention. invasion of personal privacy. Date: March 17, 2021. Name of Committee: National Institute of National Institute on Alcohol Abuse Time: 1:00 p.m. to 3:00 p.m. Mental Health Special Emphasis Panel; and Alcoholism; Notice of Closed Agenda: To review and evaluate grant NIMH Pilot Effectiveness Trials for Meeting applications. Treatment, Preventive, and Services Place: National Institutes of Health, Interventions (R34). Pursuant to section 10(d) of the Rockledge II, 6701 Rockledge Drive, Date: March 10, 2021. Federal Advisory Committee Act, as Bethesda, MD 20892 (Telephone Conference Time: 9:00 a.m. to 5:00 p.m. amended, notice is hereby given of the Call). Agenda: To review and evaluate grant following meeting. Contact Person: Mehrdad Mohseni, MD, applications. The meeting will be closed to the Scientific Review Officer, Center for Place: National Institutes of Health, public in accordance with the Scientific Review, National Institutes of Neuroscience Center, 6001 Executive provisions set forth in sections Health, 6701 Rockledge Drive, Room 5211, Boulevard, Rockville, MD 20852 (Telephone 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., MSC 7854, Bethesda, MD 20892, 301–435– Conference Call). 0484, [email protected]. as amended. The grant applications and Contact Person: Serena Chu, Ph.D., the discussions could disclose Name of Committee: Center for Scientific Scientific Review Officer, Division of Review Special Emphasis Panel; PAR 20– Extramural Activities, National Institute of confidential trade secrets or commercial 153: NIH Science Education Partnership Mental Health, NIH, Neuroscience Center, property such as patentable material, Award (SEPA) (R25—Clinical Trial Not 6001 Executive Blvd., Room 6000, MSC 9606, and personal information concerning Allowed). Bethesda, MD 20852, 301–500–5829, individuals associated with the grant Date: March 17, 2021. [email protected]. applications, the disclosure of which

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would constitute a clearly unwarranted registration is available at https:// comments received in response to this invasion of personal privacy. ntp.niehs.nih.gov/go/36051. notice will be posted on the NTP Name of Committee: National Institute on DATES: Meeting: April 2, 2021, 10 a.m. website and the submitter will be Alcohol Abuse and Alcoholism Special Eastern Standard Time (EST) to identified by name, affiliation, and Emphasis Panel; RFA–AA–20–009 Alcohol- adjournment. The meeting may end sponsoring organization (if any). HIV/AIDS Program Project Comorbidities, earlier or later than 5:00 p.m. EST. Comments that address scientific/ Coinfections, and Complications Research: Document Availability: The three technical issues will be forwarded to the Intervention and Cross-Cutting Foundational draft NTP reports will be available by peer-review panel and NTP staff prior to Research (P01 Clinical Trial Optional). February 11, 2021 at https:// the meeting. Date: April 15–16, 2021. Oral public comment at this meeting Time: 9:00 a.m. to 6:00 p.m. ntp.niehs.nih.gov/go/36051. Written Public Comment is welcome, with time set aside for the Agenda: To review and evaluate grant presentation of oral comments on the applications. Submissions: Deadline is March 19, Place: National Institute of Health, 2021. draft reports. The agenda will allow for National Institute on Alcohol Abuse and Registration for Oral Comments: three oral public comment periods—one Alcoholism, 6700 B Rockledge Drive, Deadline is March 26, 2021. comment period per report (up to 6 Bethesda, MD 20892 (Virtual Meeting). Registration to View the Virtual commenters, up to 5 minutes per Contact Person: Ranga Srinivas, Ph.D., Meeting: Deadline is April 2, 2021. speaker). Persons wishing to make an Chief Extramural Project Review Branch, ADDRESSES: oral comment are required to register National Institute on Alcohol Abuse and Meeting webpage: The draft reports, online at https://ntp.niehs.nih.gov/go/ Alcoholism, National Institutes of Health, 36051 by March 26, 2021. Registration 6700 B Rockledge Drive, Room 2114, preliminary agenda, registration, and other meeting materials will be available is on a first-come, first served basis. Bethesda, MD 20892, (301) 451–2067, Each organization is allowed one time [email protected]. at https://ntp.niehs.nih.gov/go/36051. Virtual Meeting: The URL for viewing slot per report. The access number for (Catalogue of Federal Domestic Assistance the teleconference line will be provided Program Nos. 93.271, Alcohol Research the peer-review meeting will be Career Development Awards for Scientists provided to registrants. to registrants by email prior to the meeting. Commenters will be notified and Clinicians; 93.272, Alcohol National FOR FURTHER INFORMATION CONTACT: approximately one week before the Research Service Awards for Research Email [email protected]. Dr. peer-review meeting about the actual Training; 93.273, Alcohol Research Programs; Sheena Scruggs, NIEHS/DNTP, is the time allotted per speaker. 93.891, Alcohol Research Center Grants; Designated Federal Official. Phone: 93.701, ARRA Related Biomedical Research If possible, oral public commenters and Research Support Awards., National (984) 287–3355. Email: sheena.scruggs@ should send a copy of their slides and/ Institutes of Health, HHS) nih.gov. or statement or talking points to Megan Dated: February 10, 2021. SUPPLEMENTARY INFORMATION: Rooney by email: NTP-Meetings@ Meeting Attendance Registration: The Melanie J. Pantoja, icf.com by March 26, 2021. Written meeting is available for viewing by the statements can supplement and may Program Analyst, Office of Federal Advisory public with time set aside for oral Committee Policy. expand the oral presentation. public comment. Registration to view Meeting Materials: The draft NTP [FR Doc. 2021–03114 Filed 2–16–21; 8:45 am] the virtual meeting is by April 2, 2021, reports and preliminary agenda will be BILLING CODE 4140–01–P at https://ntp.niehs.nih.gov/go/36051. available on the NTP website at https:// The URL for the virtual meeting will be ntp.niehs.nih.gov/go/36051 prior to the provided in the email confirming DEPARTMENT OF HEALTH AND meeting. NTP expects that the draft registration. Individuals with HUMAN SERVICES reports should be available on the disabilities who need accommodation to website by February 11, 2021. National Institutes of Health view the virtual meeting should contact Additional information will be posted Megan Rooney by phone: (571) 459– when available or may be requested in Draft NTP Technical Reports on 4185 or email: [email protected]. hardcopy from Megan Rooney by phone: Sodium Tungstate Dihydrate, Di-n- TTY users should contact the Federal (571) 459–4185 or email: NTP- butyl phthalate, and Di(2-ethylhexyl) TTY Relay Service at (800) 877–8339. [email protected]. Individuals are Phthalate; Availability of Documents; Requests should be made at least five encouraged to access the meeting web Request for Comments; Notice of Peer- business days in advance of the event. page to stay abreast of the most current Review Meeting Request for Comments: NTP invites information regarding the meeting. written and oral public comments on Following the meeting, a report of the AGENCY: National Institutes of Health, the draft reports that address scientific peer review will be prepared and made HHS. or technical issues. Guidelines for available on the NTP website. ACTION: Notice. public comments are available at Background Information on NTP Peer- https://ntp.niehs.nih.gov/ntp/about_ Review Panels: NTP panels are SUMMARY: The National Toxicology ntp/guidelines_public_comments_ technical, scientific advisory bodies Program (NTP) announces the 508.pdf. established on an ‘‘as needed’’ basis to availability of the Draft NTP Technical The deadline for submission of provide independent scientific peer Reports on sodium tungstate dihydrate, written comments is March 19, 2021, to review and advise NTP on agents of di-n-butyl phthalate, and di(2- enable review by the peer-review panel public health concern, new/revised ethylhexyl) phthalate scheduled for peer and NTP staff prior to the meeting. toxicological test methods, or other review. The peer-review meeting will be Written public comments should be issues. These panels help ensure held remotely and will be available to submitted through the meeting website transparent, unbiased, and scientifically the public for veiwing. Oral and written at https://ntp.niehs.nih.gov/go/36051. rigorous input to the program for its use comments will be accepted; registration Persons submitting written comments in making credible decisions about is required to access the virtual event should include name, affiliation, human hazard, setting research and and to present oral comments. mailing address, phone, email, and testing priorities, and providing Information about the meeting and sponsoring organization (if any). Written information to regulatory agencies about

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alternative methods for toxicity • Email: [email protected]. Please (4) Conduct extensive, nationwide screening. NTP welcomes nominations include docket number CISA–2020– outreach to support and promote the of scientific experts for upcoming 0005 in the subject line of the message. ability of emergency response providers panels. Scientists interested in serving • Mail: Written comments and and relevant government officials to on an NTP panel should provide their questions about this Information continue to communicate in the event of name and best form of contact to Megan Collection Request should be forwarded natural disasters, acts of terrorism, and Rooney by email: NTP-Meetings@ to DHS/CISA/ECD, ATTN: Eric Runnels other man-made disasters; icf.com. 1670–NEW, 245 Murray Lane SW, Mail (13) develop and update periodically, The authority for NTP panels is Stop 0613, Washington, DC 20598– as appropriate, a National Emergency provided by 42 U.S.C. 217a; section 222 0609. Communications Plan under section 572 of the Public Health Service Act, as Instructions: All submissions received of this title; amended. The panel is governed by the must include the words ‘‘Department of (14) perform such other duties of the Federal Advisory Committee Act, as Homeland Security’’ and the docket Department necessary to support and amended (5 U.S.C. Appendix 2), which number for this action. Comments promote the ability of emergency sets forth standards for the formation received will be posted without response providers and relevant government officials to continue to and use of advisory committees. alteration at http://www.regulations.gov, This peer review is being conducted communicate in the event of natural including any personal information by a panel via a virtual meeting. Peer- disasters, acts of terrorism, and other provided. review of future draft reports will be man-made disasters; and conducted in accordance with Docket: For access to the docket and (15) perform other duties of the Department of Health and Human comments received, please go to Department necessary to achieve the Services peer-review policies (https:// www.regulations.gov and enter docket goal of and maintain and enhance aspe.hhs.gov/hhs-information-quality- number CISA–2020–0005. interoperable emergency peer-review) and Office of Management Comments submitted in response to communications capabilities. and Budget’s Final Information Quality this notice may be made available to the 6 U.S.C. 572(a) requires the Secretary Bulletin for Peer Review (70 FR 2664, public through relevant websites. For in cooperation with State, local, and January 4, 2005). this reason, please do not include in tribal governments, Federal departments your comments information of a and agencies, emergency response Brian R. Berridge, confidential nature, such as sensitive providers, and the private sector, Associate Director, National Toxicology personal information or proprietary develop not later than 180 days after the Program. information. If you send an email completion of the baseline assessment [FR Doc. 2021–03096 Filed 2–16–21; 8:45 am] comment, your email address will be under section 573 of this title, and BILLING CODE 4140–01–P automatically captured and included as periodically update, a National part of the comment that is placed in the Emergency Communications Plan. public docket and made available on the Lastly, 6 U.S.C. 573 requires the DHS DEPARTMENT OF HOMELAND internet. Please note that responses to Secretary to conduct an assessment of SECURITY this public comment request containing Federal, State, local, and tribal any routine notice about the [Docket No. CISA–2020–0005] governments that defines the range of confidentiality of the communication capabilities needed by emergency 60-Day Notice and Request for will be treated as public comments that response providers and relevant Comments; New Information may be made available to the public government officials, assesses the Collection Request, 1670–NEW: notwithstanding the inclusion of the current available capabilities to meet SAFECOM Nationwide Surveys routine notice. such communications needs; identify Generic Clearance FOR FURTHER INFORMATION CONTACT: Eric the gaps between such current Runnels, 703–705–6279, necp@ capabilities and defined requirements; AGENCY: Emergency Communications cisa.dhs.gov. at least every five years. Division (ECD), Cybersecurity and These authorities in addition to DHS Infrastructure Security Agency (CISA), SUPPLEMENTARY INFORMATION: In 2006, responsibilities through Executive Order Department of Homeland Security Congress passed Public Law 109–295, 13618 in the area of national security/ (DHS). which included SEC. 671. EMERGENCY emergency providers’ communications ACTION: Information collection, request COMMUNICATIONS also known as the require a continuous examination of for comments. ‘‘21st Century Emergency nationwide emergency communications Communications Act of 2006’’. The capabilities. SUMMARY: DHS CISA ECD will submit legislation established the Department The frequency and complexity of the following information collection of Homeland Security (DHS) Office of emergencies are on the rise during a request (ICR) to the Office of Emergency Communications, which was time when technology is advancing at a Management and Budget (OMB) for re-designated in 2018 as the Emergency faster pace than any other time in review and clearance in accordance Communications Division (ECD) within history. In order to perform these with the Paperwork Reduction Act of the Cybersecurity and Infrastructure statutory regulations, it is important to 1995. Security Agency (CISA), to lead the understand the continuously changing DATES: Comments are due by April 19, development and implementation of a requirements of emergency response 2021. comprehensive approach to advancing providers and government officials at all ADDRESSES: You may submit comments, national interoperable communications levels of government, evolving risks, identified by docket number CISA– capabilities. and the public safety community’s 2020–0005, by one of the following The following responsibilities were ability to integrate new technologies methods: established: while also preparing for emergent • Federal eRulemaking Portal: http:// 6 U.S.C. 571(c) requires the DHS technologies. As a result, CISA is www.regulations.gov. Please follow the Secretary through the ECD Assistant seeking a PRA Generic Clearance to instructions for submitting comments. Director to: allow for flexibility in implementing

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surveys that are relevant to the current CISA ECD conducts SAFECOM 3. Enhance the quality, utility, and security environment. supplemental surveys. The surveys can clarity of the information to be To meet the statutory requirements of be conducted as focus groups, in-person collected; and 6 U.S.C. 573, ECD conducts the interviews, web- and paper-based. CISA 4. Minimize the burden of the SAFECOM Nationwide Survey every 5 ECD uses the information collected to collection of information on those who years to assess evolving capability needs complete statutorily mandated are to respond, including through the and gaps and track progress against requirements (6 U.S.C. 571(c), 572(a), use of appropriate automated, policy initiatives; status of strategic and 573) and shares the data with all electronic, mechanical, or other plans; and major industry or market stakeholders with a role in emergency technological collection techniques or shifts affecting the emergency communications. In order to ascertain other forms of information technology, communications capability. this information, the SAFECOM e.g., permitting electronic submissions CISA ECD conducts a web-based supplemental surveys deploy topic- of responses. survey entitled the SAFECOM specific or targeted surveys across the Title of Collection: SAFECOM Nationwide Survey, hereinafter referred nation to various emergency response Nationwide Surveys Generic Clearance. to as the SNS. The purpose of the survey disciplines at each level of government: OMB Control Number: 1670–NEW. is to gather information to assess Federal, state, territorial, tribal, and Frequency: Annually. available emergency communications local. The surveys solicit responses Affected Public: State, Local, Tribal, capabilities and identify gaps and needs regarding targeted issues affecting all and Territorial Governments. for emergency response providers to public safety, emergency response Number of Annualized Respondents: effectively communicate during all communities and/or specific subsets of 8,398. types of natural or man-made hazards. the SNS population. CISA ECD analyzes Estimated Time per Respondent: 0.5 CISA ECD uses the information the data collected from these hours. collected to complete a statutorily supplemental surveys to identify Total Annualized Burden Hours: mandated assessment and shares the changing requirements, mitigate risks, 4,199 hours. Total Annualized Respondent data with all stakeholders that have a and inform the data collected from the role in emergency communications. In Opportunity Cost: $168,298.74. 5-year Nationwide Survey. Total Annualized Respondent Out-of- order to ascertain this information, the ECD uses electronic submission to Pocket Cost: $0. SNS deploys four similar surveys across reduce the burden on respondents Total Annualized Government Cost: the nation to various emergency including web-based surveys and $235,863. response disciplines at each level of assessment tools, such as Survey government—federal, state, territorial, Monkey. Its target audience—mainly Samuel Vazquez, tribal, and local. The survey solicits first responders—is frequently Acting Chief Information Officer, Department responses regarding issues affecting the interrupted, have variable schedules, of Homeland Security, Cybersecurity and public safety community to determine a and frequently work long hours. Infrastructure Security Agency. jurisdiction’s level of operability, Electronic submission provides a more [FR Doc. 2021–03105 Filed 2–16–21; 8:45 am] interoperability and continuity and thus user-friendly interface, provides BILLING CODE 9110–9P–P their overall emergency anonymity to the users, ensures the communications capability level. CISA maximum response rate, eliminates ECD analyzes the data collected from paper, printing, and postage costs along DEPARTMENT OF HOMELAND this general survey to identify major with the need for data entry. SECURITY gaps and themes affecting emergency We will also utilize alternative [Docket No. CISA–2020–0018] communications across levels of submission methods for both the SNS government. Additionally, this analysis and the supplemental surveys. An Agency Information Collection informs the development of Adobe PDF-fillable form which can be Activities: Proposed Collection; supplemental surveys tailored to returned via email to [email protected], Comment Request; Cybersecurity and specific needs across the public safety direct emails with questionnaires Infrastructure Security Agency (CISA) community, as well as future iterations attached, an in-person surveys, focus- Visitor Request Form of the Nationwide Baseline groups, and a paper copy that will be Communications Assessment (NCBA) mailed directly to the respondent(s) AGENCY: Cybersecurity and and National Emergency requesting a hard copy. The paper copy Infrastructure Security Agency, DHS Communications Plan (NECP). can be returned either via a prepaid ACTION: 60-Day notice and request for The results from the most recent envelope, scanned and emailed to sns@ comments; extension of Information surveys led to major updates to the cisa.dhs.gov, and/or faxed to CISA ECD. Collection Request: 1670–0036. update of the NECP released in We anticipate that .5% of respondents September 2019. The NECP sets will utilize these alternative submission SUMMARY: The Department of Homeland strategic priorities for the entire Nation. methods. Security (DHS), Cybersecurity and Additionally, the current collection OMB is particularly interested in Infrastructure Security Agency (CISA), allowed CISA ECD to share reliable data comments that: Office of Compliance and Security with emergency communications 1. Evaluate whether the proposed (OCS) will submit the following partners at all levels of government collection of information is necessary Information Collection Request to the which assists them with: (1) Statewide for the proper performance of the Office of Management and Budget Communications Interoperability Plan functions of the agency, including (OMB) for review and clearance in (SCIP) development, (2) Threat and whether the information will have accordance with the Paperwork Hazard Identification Risk Analysis practical utility; Reduction Act of 1995. The submission (THIRA) development, (3) state-level 2. Evaluate the accuracy of the proposes to renew the information grant programs and guidance, (4) federal agency’s estimate of the burden of the collection for an additional three years grant applications assistance, and (5) proposed collection of information, and update the burden estimates. funding and resource sharing strategy including the validity of the DATES: Comments are encouraged and development. methodology and assumptions used; will be accepted until April 19, 2021.

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ADDRESSES: You may send comments, form, information about each potential DEPARTMENT OF THE INTERIOR identified by docket number CISA– visitor to CISA facilities and the nature 2020–0018, by one of the following of each visit. The Office of Compliance National Park Service methods: and Security will use collected • [NPS–WASO–NRNHL–DTS#–31483; Federal eRulemaking Portal: http:// information to make a risk-based PPWOCRADI0, PCU00RP14.R50000] www.regulations.gov . Please follow the decision to allow visitor access to CISA instructions for submitting comments. facilities. National Register of Historic Places; • Email: [email protected]. This is an extension of an existing Notification of Pending Nominations Please include docket number CISA– and Related Actions 2020–0018 in the subject line of the information collection. The Office of message. Management and Budget is particularly AGENCY: National Park Service, Interior. • Mail: Written comments and interested in comments which: ACTION: Notice. questions about this Information 1. Evaluate whether the proposed Collection Request should be forwarded collection of information is necessary SUMMARY: The National Park Service is to DHS/CISA/OCS, ATTN: 1670–0036, for the proper performance of the soliciting electronic comments on the 245 Murray Lane SW, Mail Stop 0380, functions of the agency, including significance of properties nominated Washington, DC 20598. whether the information will have before February 6, 2021, for listing or Instructions: All submissions received practical utility; related actions in the National Register must include the words ‘‘Department of of Historic Places. 2. Evaluate the accuracy of the Homeland Security’’ and the docket DATES: Comments should be submitted agency’s estimate of the burden of the number for this action. Comments electronically by March 4, 2021. proposed collection of information, received will be posted without ADDRESSES: Comments are encouraged alteration at http://www.regulations.gov, including the validity of the methodology and assumptions used; to be submitted electronically to including any personal information National_Register_Submissions@ provided. 3. Enhance the quality, utility, and nps.gov with the subject line ‘‘Public Comments submitted in response to clarity of the information to be Comment on .’’ If you public through relevant websites. For 4. Minimize the burden of the have no access to email you may send this reason, please do not include in collection of information on those who them via U.S. Postal Service and all your comments information of a are to respond, including through the other carriers to the National Register of confidential nature, such as sensitive use of appropriate automated, Historic Places, National Park Service, personal information or proprietary electronic, mechanical, or other 1849 C Street NW, MS 7228, information. If you send an email technological collection techniques or Washington, DC 20240. comment, your email address will be other forms of information technology, automatically captured and included as SUPPLEMENTARY INFORMATION: The part of the comment that is placed in the e.g., permitting electronic submissions properties listed in this notice are being public docket and made available on the of responses. considered for listing or related actions in the National Register of Historic internet. Please note that responses to Analysis this public comment request containing Places. Nominations for their any routine notice about the Agency: Cybersecurity and consideration were received by the confidentiality of the communication Infrastructure Security Agency (CISA), National Park Service before February 6, will be treated as public comments that Department of Homeland Security 2021. Pursuant to Section 60.13 of 36 may be made available to the public (DHS). CFR part 60, comments are being accepted concerning the significance of notwithstanding the inclusion of the Title: Cybersecurity and Infrastructure the nominated properties under the routine notice. Security Agency (CISA) Visitor Request National Register criteria for evaluation. SUPPLEMENTARY INFORMATION: Public Form. Law 107–296 The Homeland Security Before including your address, phone OMB Control Number: 1670–0036. Act of 2002, Title II, recognizes the number, email address, or other Department of Homeland Security role Frequency: Annually. personal identifying information in your comment, you should be aware that in integrate relevant critical Affected Public: Private and Public your entire comment—including your infrastructure and cybersecurity Sector. information, analyses, and vulnerability personal identifying information—may Number of Respondents: 20,000. assessments (whether such information, be made publicly available at any time. analyses, or assessments are provided or Estimated Time per Respondent: 10 While you can ask us in your comment produced by the Department or others) minutes. to withhold your personal identifying information from public review, we in order to identify priorities for Total Burden Hours: 3,333 hours. protective and support measures by the cannot guarantee that we will be able to Total Respondent Opportunity Cost: do so. Department, other agencies of the $125,144. Federal Government, State and local Nominations submitted by State or government agencies and authorities, Total Respondent Out-of-Pocket Cost: Tribal Historic Preservation Officers: the private sector, and other entities $0. CALIFORNIA while maintaining positive control of Total Government Cost: $250,473. Los Angeles County sensitive information regarding the national infrastructure. In support of Samuel Vazquez, Hotel Mayfair, 1256 West 7th St., Los Angeles, SG100006295 this mission CISA Office of Compliance Acting Chief Information Officer, Department and Security must maintain a robust of Homeland Security, Cybersecurity and Orange County Infrastructure Security Agency. visitor screening capability. Griffith, Edward and America, House, 40 The CISA Office of Compliance and [FR Doc. 2021–03104 Filed 2–16–21; 8:45 am] North La Senda Dr., Laguna Beach, Security will collect, using an electronic BILLING CODE 9110–9P–P SG100006296

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COLORADO An owner objection was received for the the United States, that have been found following resource: Park County by the U.S. Department of Commerce (‘‘Commerce’’) to be sold in the United Spring House-Moynahan House, 53 South CALIFORNIA Pine St., Alma, SG100006292 States at less than fair value (‘‘LTFV’’), Orange County and to be subsidized by the government CONNECTICUT Stuft Shirt, 2241 West Coast Hwy., Newport of China.2 Beach, SG100006297 New London County Nominations submitted by Federal Background Edward Bloom Silk Company Factory, 90 Preservation Officers: Garfield Ave., New London, SG100006266 The Commission instituted these The State Historic Preservation Officer investigations effective January 8, 2020, KENTUCKY reviewed the following nominations and following receipt of petitions filed with responded to the Federal Preservation Officer Boyle County the Commission and Commerce by the within 45 days of receipt of the nominations Coalition of American Millwork Marshall-Wallace House, (Boyle MPS), 350 and supports listing the properties in the Harberson Ln., Danville, MP100006268 National Register of Historic Places. Producers (Bright Wood Corporation, Madras, Oregon; Cascade Wood Rowan County CALIFORNIA Products, Inc., White City, Oregon; Downtown Morehead Historic District, Los Angeles County Endura Products, Inc., Colfax, North Roughly bounded by South Hargis Ave., Carolina; Sierra Pacific Industries, Red Federal Building, 300 North Los Angeles St., West 1st, East 1st, Bridge, East Main, and Bluff, California; Sunset Moulding, Live East 2nd Sts., North Wilson Ave., and West Los Angeles, SG100006288 Main St., Morehead, SG100006264 Oak, California; Woodgrain Millwork INDIANA Inc., Fruitland, Idaho; and Yuba River OHIO Marion County Moulding, Yuba City, California).3 The Cuyahoga County Federal Building, 575 North Pennsylvania final phase of the investigations was Clifton Park South Historic District, Portions St., Indianapolis, SG100006289 scheduled by the Commission following of Clifton, Forest, and Lake Rds., Captain’s notification of preliminary NEBRASKA Cove and West Clifton Blvd., Lakewood, determinations by Commerce that SG100006265 Saunders County imports of wood mouldings and millwork products from China were Summit County Camp Ashland Memorial Hall, 220 Cty. Rd. A, Ashland, SG100006287 subsidized within the meaning of Roach, Moses and Minerva, House,9044 section 703(b) of the Act (19 U.S.C. Church St., Twinsburg, SG100006293 NEVADA 1671b(b)) and sold at LTFV within the Vinton County Washoe County meaning of 733(b) of the Act (19 U.S.C. Moonville Tunnel, Hope-Moonville Rd., 2 Federal Building and U.S. Courthouse, 300 1673b(b)). Notice of the scheduling of mi. southwest of Lake Hope State Park, Booth St., Reno, SG100006290 the final phase of the Commission’s Zaleski vicinity, SG100006291 investigations and of a public hearing to Authority: Section 60.13 of 36 CFR part 60. RHODE ISLAND be held in connection therewith was Dated: February 9, 2021. given by posting copies of the notice in Providence County Sherry Frear, the Office of the Secretary, U.S. Plymouth Congregational Church, 1014 Chief, National Register of Historic Places/ International Trade Commission, Broad St., Providence, SG100006299 National Historic Landmarks Program. Washington, DC, and by publishing the WISCONSIN [FR Doc. 2021–03123 Filed 2–16–21; 8:45 am] notice in the Federal Register on BILLING CODE 4312–52–P September 2, 2020 (85 FR 54593). In Brown County light of the restrictions on access to the Robinson Hill Historic District, South Commission building due to the Jackson and South Van Buren Sts., INTERNATIONAL TRADE COVID–19 pandemic, the Commission generally bounded by Catherine St. and conducted its hearing through written Allouiez Terr., Allouez, SG100006285 COMMISSION testimony and video conference on Dane County [Investigation Nos. 701–TA–636 and 731– December 22, 2020. All persons who Gray, Philip H. and Margaret, House, 6115 TA–1470 (Final)] requested the opportunity were North Highlands Ave., Madison, permitted to participate. SG100006286 Wood Mouldings and Millwork The Commission made these Products From China; Determinations La Crosse County determinations pursuant to §§ 705(b) 1 and 735(b) of the Act (19 U.S.C. Holy Trinity School, 1417 13th St. South,La On the basis of the record developed Crosse, SG100006283 in the subject investigations, the United 1671d(b) and 19 U.S.C. 1673d(b)). It States International Trade Commission completed and filed its determinations Milwaukee County (‘‘Commission’’) determines, pursuant in these investigations on February 10, Milwaukee Journal Complex, 333 West State to the Tariff Act of 1930 (‘‘the Act’’), 2021. The views of the Commission are St., 918 Vel R. Phillips Ave., Milwaukee, that an industry in the United States is contained in USITC Publication 5157 SG100006270 materially injured by reason of imports (February 2021), entitled Wood Trempealeau County of wood mouldings and millwork Mouldings and Millwork Products From East Arcadia Roller Mill, W25818 Mill Rd., products from China, primarily China: Investigation Nos. 701–TA–636 Arcadia, SG100006294 provided for in subheadings 4409.10.40, and 731–TA–1470 (Final). WYOMING 4409.10.45, 4409.10.50, 4409.22.40, 4409.22.50, 4409.29.41, and 4409.29.51 2 Vice Chair Randolph J. Stayin not participating. Platte County 3 During the final phase of the investigations, Best of the Harmonized Tariff Schedule of Moulding Corporation, Albuquerque, New Mexico; Wheatland Downtown Historic District, 9th Menzner Lumber and Supply Company, Marathon, St. from Walnut to Water Sts., and Gilchrist 1 The record is defined in § 207.2(f) of the Wisconsin; and Pacific Wood Laminates, Brookings, St. from 8th to 9th Sts., Wheatland, Commission’s Rules of Practice and Procedure (19 Oregon, joined the Coalition of American Millwork SG100006269 CFR 207.2(f)). Producers.

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By order of the Commission. ‘‘complainants’’ or ‘‘LG’’). The interest and bonding. Certain non- Issued: February 10, 2021. complaint, as supplemented, alleges parties also submitted reply comments Lisa Barton, violations of Section 337 of the Tariff on remedy and the public interest. Secretary to the Commission. Act of 1930, as amended, 19 U.S.C. On June 26, 2020, LG filed a motion [FR Doc. 2021–03100 Filed 2–16–21; 8:45 am] 1337, in the importation and sale of for leave to file a supplemental certain lithium ion batteries, battery submission on remedy, the public BILLING CODE 7020–02–P cells, battery modules, battery packs, interest, and bonding. On July 8, 2020, components thereof, and processes SK opposed the motion. On July 13, INTERNATIONAL TRADE therefor by reason of misappropriation 2020, SK filed a notice of new COMMISSION of trade secrets, the threat or effect of developments related to issues raised in which is to destroy or substantially the remedy, public interest, and [Investigation No. 337–TA–1159] injure an industry in the United States, bonding briefing. On July 28, 2020, SK under subsection (a)(1)(A) of Section moved for leave to file a reply in Certain Lithium Ion Batteries, Battery 337. The complaint, as supplemented, support of its notice. On September 1, Cells, Battery Modules, Battery Packs, names SK Innovation Co., Ltd. of Seoul, 2020, LG filed a notice of supplemental Components Thereof, and Processes Republic of Korea and SK Battery facts. On November 25, 2020, SK filed Therefor; Commission Decision America, Inc. of Atlanta, Georgia as the a motion for leave to file a supplemental Finding a Violation of Section 337; respondents (collectively, submission in connection with remedy Issuance of a Limited Exclusion Order ‘‘respondents’’ or ‘‘SK’’). The Office of and the public interest. The and Cease and Desist Orders; Unfair Import Investigations (‘‘OUII’’) Commission has determined to grant the Termination of the Investigation was also named as a party in this motions for leave and to make all of the SUMMARY: Notice is hereby given that investigation. foregoing submissions and responses the U.S. International Trade On November 5, 2019, LG moved for thereto part of the administrative record. Commission has determined to affirm an order entering default judgment On December 1, 2020, Complainants the presiding administrative law judge’s against the respondents due to contempt filed a motion to amend the complaint (‘‘ALJ’s’’) initial determination (‘‘ID’’) of Order No. 13, which granted in part and NOI to reflect a reorganization of LG (Order No. 34) finding a violation of complainants’ motion to compel Chem, Ltd. in which (i) certain business section 337 of the Tariff Act of 1930, as forensic examination of respondents’ functions were transferred to a newly amended, in this investigation and has computer system due to alleged created subsidiary named LG Energy issued a limited exclusion order and spoliation of evidence. Respondents Solution, Ltd., and (ii) LG Chem cease and desist orders prohibiting opposed the motion and OUII supported Michigan, Inc. was renamed LG Energy importation of certain lithium ion the motion. Solution Michigan, Inc. (EDIS Doc. ID batteries, battery cells, battery modules, On February 14, 2020, the ALJ issued 726833). The Commission has battery packs, and components thereof. the subject ID (Order No. 34) finding determined to grant that motion, has The investigation is hereby terminated. that the respondents spoliated evidence, added LG Energy Solution, Ltd. as a and that the appropriate remedy is to complainant, and has changed the name FOR FURTHER INFORMATION CONTACT: find the respondents in default. The ID of LG Chem Michigan Inc. to LG Energy Sidney A. Rosenzweig, Esq., Office of noted that complainants do not seek a Solution Michigan, Inc. the General Counsel, U.S. International general exclusion order, and therefore The Commission has determined not Trade Commission, 500 E Street SW, no issues remain to be litigated, and to conduct a hearing pursuant to 19 CFR Washington, DC 20436, telephone (202) terminated the investigation. ID at 131. 210.50. The Commission finds that the 708–2532. Copies of non-confidential On March 3, 2020, SK filed a petition parties and non-parties have failed to documents filed in connection with this for Commission review of the ID. On demonstrate why a hearing would be investigation may be viewed on the March 11, 2020, LG and OUII filed warranted. The Commission has been Commission’s electronic docket (EDIS) oppositions thereto. mindful of the public interest at https://edis.usitc.gov. For help On April 17, 2020, the Commission submissions in fashioning an accessing EDIS, please email determined to review the ID in its appropriate remedy. [email protected]. General entirety. 85 FR 22,753 (Apr. 23, 2020) Having reviewed the record of the information concerning the Commission (‘‘Notice of Review’’). The Notice of investigation, including the parties’ may also be obtained by accessing its Review requested the parties to brief submissions to the ALJ, Order No. 34, internet server at http://www.usitc.gov. certain issues under review. The Notice and the parties’ and non-parties’ Hearing-impaired persons are advised of Review also sought briefing from the submissions to the Commission, the that information on this matter can be parties, interested government agencies, Commission has determined to affirm obtained by contacting the and any other interested parties on the ID’s finding of default, with Commission’s TDD terminal, telephone remedy, the public interest, and modified reasoning clarifying the (202) 205–1810. bonding. distinct bases for sanctions under (i) 19 SUPPLEMENTARY INFORMATION: The On May 1, 2020, the parties filed their U.S.C. 1337(h) and Commission Rule Commission instituted this investigation opening briefs on the issues under 210.33, 19 CFR 210.33 and (ii) inherent on June 4, 2019, based on a complaint review, and on remedy, the public authority under Micron Technology, Inc. filed on behalf of LG Chem, Ltd. of interest and bonding. SK also filed a v. Rambus Inc., 645 F.3d 1311 (Fed. Cir. Seoul, Republic of Korea and LG Chem short submission seeking a hearing 2011). The Commission finds that both Michigan, Inc. of Holland, Michigan. 84 before the Commission on remedy, the bases apply here. The Commission FR 25858 (June 4, 2019). As discussed public interest, and bonding. See 19 thereby affirms the ID’s finding of further below, the complainants, as of CFR 210.50(a)(v). The Commission also violation of section 337. the date of this Notice, are LG Chem, received a number of comments from The Commission has further Ltd. of Seoul, Republic of Korea, LG non-parties on remedy and the public determined that the appropriate remedy Energy Solution, Ltd. of Seoul, Republic interest. On May 12, 2020, the parties is: (1) A limited exclusion order of Korea, and LG Energy Solution filed reply briefs on the issues under prohibiting the entry of certain lithium Michigan, Inc. (collectively, review, and on remedy, the public ion batteries, battery cells, battery

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modules, battery packs, and DEPARTMENT OF LABOR compensation to individuals who components thereof; and (2) cease and sustain an injury while in the course of desist orders directed to respondents. Office of the Secretary federal employment. 5 U.S.C. 8103, The remedial orders will expire ten authorizes FECA to provide medical and Agency Information Collection years from their issuance, and cover the initial medical and other benefits. Activities; Submission for OMB For additional substantive trade secrets that LG elected on January Review; Comment Request; Federal 22, 2020. The Commission has information about this ICR, see the Employees’ Compensation Act Medical related notice published in the Federal determined that, although the public Reports and Compensation Claims interest factors enumerated in section Register on November 13, 2020 (85 FR 337(d) and (f), 19 U.S.C. 1337(d), (f), do ACTION: Notice of availability; request 72701). This information collection is subject not preclude the issuance of the limited for comments. to the PRA. A Federal agency generally exclusion order or the cease and desist SUMMARY: The Department of Labor cannot conduct or sponsor a collection orders, tailoring of its orders is (DOL) is submitting this Office of the of information, and the public is appropriate in view of the public Workers’ Compensation Programs generally not required to respond to an interest considerations discussed in the (OWCP)-sponsored information information collection, unless the OMB Commission’s opinion. The orders collection request (ICR) to the Office of approves it and displays a currently permit SK to import components for Management and Budget (OMB) for valid OMB Control Number. In addition, domestic production of lithium ion review and approval in accordance with notwithstanding any other provisions of batteries, battery cells, battery modules, the Paperwork Reduction Act of 1995 law, no person shall generally be subject and battery packs for Ford Motor Co.’s (PRA). Public comments on the ICR are to penalty for failing to comply with a EV F–150 program for four years, and invited. collection of information that does not for Volkswagen of America, Inc.’s DATES: The OMB will consider all display a valid OMB Control Number. America’s MEB line for the North written comments that agency receives See 5 CFR 1320.5(a) and 1320.6. America Region for two years to permit on or before March 19, 2021. DOL seeks PRA authorization for this these third parties to transition to new ADDRESSES: Written comments and information collection for three (3) domestic suppliers for these programs. recommendations for the proposed years. OMB authorization for an ICR The orders also permit SK to import information collection should be sent cannot be for more than three (3) years articles for repair and replacement of EV within 30 days of publication of this without renewal. The DOL notes that batteries for Kia vehicles that had been notice to www.reginfo.gov/public/do/ information collection requirements sold to U.S. customers as of the date of PRAMain. Find this particular submitted to the OMB for existing ICRs the orders and were originally equipped information collection by selecting receive a month-to-month extension with SK batteries. The investigation is ‘‘Currently under 30-day Review—Open while they undergo review. Agency: DOL–OWCP. terminated. for Public Comments’’ or by using the search function. Title of Collection: Federal The Commission’s reasons for its Comments are invited on: (1) Whether Employees’ Compensation Act Medical determinations are set forth more fully the collection of information is Reports and Compensation Claims. in the Commission’s opinion. necessary for the proper performance of OMB Control Number: 1240–0046. The Commission’s orders and opinion the functions of the Department, Affected Public: Individuals and were delivered to the President and the including whether the information will households. Total Estimated Number of United States Trade Representative on have practical utility; (2) if the Respondents: 282,353. the day of their issuance. information will be processed and used in a timely manner; (3) the accuracy of Total Estimated Number of The Commission vote for these the agency’s estimates of the burden and Responses: 282,353. determinations took place on February cost of the collection of information, Total Estimated Annual Time Burden: 10, 2021. including the validity of the 25,605 hours. Total Estimated Annual Other Costs The authority for the Commission’s methodology and assumptions used; (4) Burden: $110,118. determination is contained in section ways to enhance the quality, utility and 337 of the Tariff Act of 1930, as clarity of the information collection; and Authority: 44 U.S.C. 3507(a)(1)(D). amended (19 U.S.C. 1337), and in part (5) ways to minimize the burden of the Dated: February 9, 2021. 210 of the Commission’s Rules of collection of information on those who Anthony May, Practice and Procedure (19 CFR part are to respond, including the use of Management and Program Analyst. automated collection techniques or 210). [FR Doc. 2021–03117 Filed 2–16–21; 8:45 am] other forms of information technology. By order of the Commission. BILLING CODE 4510–CH–P FOR FURTHER INFORMATION CONTACT: Issued: February 10, 2021. Anthony May by telephone at 202–693– Lisa Barton, 4129 (this is not a toll-free number) or DEPARTMENT OF LABOR Secretary to the Commission. by email at [email protected]. [FR Doc. 2021–03109 Filed 2–16–21; 8:45 am] SUPPLEMENTARY INFORMATION: The Office Office of the Secretary BILLING CODE 7020–02–P of Worker’s Compensation Programs (OWCP) administers the Federal Agency Information Collection Employees’ Compensation Act (FECA). Activities; Submission for OMB 5 U.S.C. 8149, Congress gives the Review; Comment Request; Workforce Secretary of Labor authority to prescribe Innovation and Opportunity Act the rules and regulations necessary for Common Performance Reporting the administration and enforcement of ACTION: Notice of availability; request the FECA. 5 U.S.C. 8102, the FECA for comments. requires the United States to provide

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SUMMARY: The Department of Labor I (which covers the AEFLA program); (OWCP)-sponsored information (DOL) is submitting this ETA-sponsored and (3) 34 CFR part 361, subpart E collection request (ICR) to the Office of information collection request (ICR) to (which covers the VR program). For Management and Budget (OMB) for the Office of Management and Budget additional substantive information review and approval in accordance with (OMB) for review and approval in about this ICR, see the related notice the Paperwork Reduction Act of 1995 accordance with the Paperwork published in the Federal Register on (PRA). Public comments on the ICR are Reduction Act of 1995 (PRA). Public July 9, 2020 (85 FR 41245). invited. comments on the ICR are invited. This information collection is subject DATES: The OMB will consider all DATES: The OMB will consider all to the PRA. A Federal agency generally written comments that agency receives written comments that agency receives cannot conduct or sponsor a collection on or before March 19, 2021. on or before March 19, 2021. of information, and the public is ADDRESSES: Written comments and ADDRESSES: Written comments and generally not required to respond to an recommendations for the proposed recommendations for the proposed information collection, unless the OMB information collection should be sent information collection should be sent approves it and displays a currently within 30 days of publication of this within 30 days of publication of this valid OMB Control Number. In addition, notice to www.reginfo.gov/public/do/ notice to www.reginfo.gov/public/do/ notwithstanding any other provisions of PRAMain. Find this particular PRAMain. Find this particular law, no person shall generally be subject information collection by selecting information collection by selecting to penalty for failing to comply with a ‘‘Currently under 30-day Review—Open ‘‘Currently under 30-day Review—Open collection of information that does not for Public Comments’’ or by using the for Public Comments’’ or by using the display a valid OMB Control Number. search function. search function. See 5 CFR 1320.5(a) and 1320.6. Comments are invited on: (1) Whether Comments are invited on: (1) Whether DOL seeks PRA authorization for this the collection of information is the collection of information is information collection for three (3) necessary for the proper performance of necessary for the proper performance of years. OMB authorization for an ICR the functions of the Department, the functions of the Department, cannot be for more than three (3) years including whether the information will including whether the information will without renewal. The DOL notes that have practical utility; (2) if the have practical utility; (2) if the information collection requirements information will be processed and used information will be processed and used submitted to the OMB for existing ICRs in a timely manner; (3) the accuracy of in a timely manner; (3) the accuracy of receive a month-to-month extension the agency’s estimates of the burden and the agency’s estimates of the burden and while they undergo review. cost of the collection of information, cost of the collection of information, Agency: DOL–ETA. including the validity of the including the validity of the Title of Collection: Workforce methodology and assumptions used; (4) methodology and assumptions used; (4) Innovation and Opportunity Act ways to enhance the quality, utility and ways to enhance the quality, utility and Common Performance Reporting. clarity of the information collection; and clarity of the information collection; and OMB Control Number: 1205–0526. (5) ways to minimize the burden of the (5) ways to minimize the burden of the Affected Public: State, Local, and collection of information on those who collection of information on those who Tribal Governments and Individuals or are to respond, including the use of are to respond, including the use of Households. automated collection techniques or Total Estimated Number of automated collection techniques or other forms of information technology. Respondents: 19,114,129. other forms of information technology. Total Estimated Number of FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Responses: 38,216,054. Anthony May by telephone at 202–693– Mara Blumenthal by telephone at 202– Total Estimated Annual Time Burden: 4129 (this is not a toll-free number) or _ _ _ _ 693–8538, or by email at DOL PRA 9,863,057 hours. by email at DOL PRA [email protected]. [email protected]. Total Estimated Annual Other Costs SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION: Section Burden: $34,594,532. OWCP is the agency responsible for administration of the Longshore and 116(d)(1) of the Workforce Innovation Authority: 44 U.S.C. 3507(a)(1)(D). and Opportunity Act (WIOA) mandates Harbor Workers’ Compensation Act that the Secretaries of Labor and Dated: January 15, 2021. (LHWCA) and the Federal Employees’ Education develop a template for Mara Blumenthal, Compensation Act (FECA). 33 U.S.C. performance reports to be used by Senior PRA Analyst. 939 (LHWCA) and 5 U.S.C. 8104 (FECA) States, local boards, and ETPs for [FR Doc. 2021–03115 Filed 2–16–21; 8:45 am] authorize OWCP to pay for approved reporting on outcomes achieved by BILLING CODE 4510–FN–P vocational rehabilitation services to participants in the six core programs. eligible workers with work-related Corresponding joint regulations for disabilities. 5 U.S.C. 8111(b) of the these data collection requirements, DEPARTMENT OF LABOR FECA and 33 U.S.C. 908(g) of the including which primary performance LHWCA provide that persons indicators apply for each core program, Office of the Secretary undergoing such vocational have been issued by the Departments. rehabilitation receive maintenance See 81 FR 55792 (Aug. 19, 2016). The Agency Information Collection allowances as additional compensation. final regulations became effective on Activities; Submission for OMB Form OWCP–44 is used to collect October 18, 2016. These joint Review; Comment Request; information necessary to decide if performance regulations can be found Rehabilitation Action Report maintenance allowances should at: (1) 20 CFR part 677 (which covers ACTION: Notice of availability; request continue to be paid. Form OWCP–44 is the Adult and Dislocated Worker for comments. submitted to OWCP by contractors hired programs (20 CFR part 680), the Youth to provide vocational rehabilitation program (20 CFR part 681), and the SUMMARY: The Department of Labor services. Form OWCP–44 gives prompt Wagner-Peyser Act program (20 CFR (DOL) is submitting this Office of the notification of key events that may part 652)); (2) 34 CFR part 463, subpart Workers’ Compensation Programs require OWCP action in the vocational

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rehabilitation process. This information SUMMARY: The Department of Labor generally not required to respond to an collection is currently approved for use (DOL) is submitting this Occupational information collection, unless the OMB through February 28, 2021. For LHWCA, Safety and Health Administration approves it and displays a currently 20 CFR 702.506 and 20 CFR 702. 507, (OSHA)-sponsored information valid OMB Control Number. In addition, and for FECA, 20 CFR 10.518 and 20 collection request (ICR) to the Office of notwithstanding any other provisions of CFR 10.519, authorize this information Management and Budget (OMB) for law, no person shall generally be subject collection. For additional substantive review and approval in accordance with to penalty for failing to comply with a information about this ICR, see the the Paperwork Reduction Act of 1995 collection of information that does not related notice published in the Federal (PRA). Public comments on the ICR are display a valid OMB Control Number. Register on November 25, 2020 (85 FR invited. See 5 CFR 1320.5(a) and 1320.6. 75377). DATES: The OMB will consider all DOL seeks PRA authorization for this This information collection is subject written comments that agency receives information collection for three (3) to the PRA. A Federal agency generally on or before March 19, 2021. years. OMB authorization for an ICR cannot conduct or sponsor a collection ADDRESSES: Written comments and cannot be for more than three (3) years of information, and the public is recommendations for the proposed without renewal. The DOL notes that generally not required to respond to an information collection should be sent information collection requirements information collection, unless the OMB within 30 days of publication of this submitted to the OMB for existing ICRs approves it and displays a currently notice to www.reginfo.gov/public/do/ receive a month-to-month extension valid OMB Control Number. In addition, PRAMain. Find this particular while they undergo review. notwithstanding any other provisions of information collection by selecting Agency: DOL–OSHA. law, no person shall generally be subject ‘‘Currently under 30-day Review—Open to penalty for failing to comply with a for Public Comments’’ or by using the Title of Collection: Grain Handling collection of information that does not search function. Facilities. display a valid OMB Control Number. Comments are invited on: (1) Whether OMB Control Number: 1218–0206. See 5 CFR 1320.5(a) and 1320.6. the collection of information is Affected Public: Private Sector, Farm. DOL seeks PRA authorization for this necessary for the proper performance of information collection for three (3) the functions of the Department, Total Estimated Number of years. OMB authorization for an ICR including whether the information will Respondents: 89,640. cannot be for more than three (3) years have practical utility; (2) if the Total Estimated Number of without renewal. The DOL notes that information will be processed and used Responses: 1,105,635. information collection requirements in a timely manner; (3) the accuracy of Total Estimated Annual Time Burden: submitted to the OMB for existing ICRs the agency’s estimates of the burden and 57,837 hours. receive a month-to-month extension cost of the collection of information, while they undergo review. including the validity of the Total Estimated Annual Other Costs Agency: DOL–OWCP. methodology and assumptions used; (4) Burden: $0. Title of Collection: Rehabilitation ways to enhance the quality, utility and Authority: 44 U.S.C. 3507(a)(1)(D). Action Report. clarity of the information collection; and Crystal Rennie, OMB Control Number: 1240–0008. (5) ways to minimize the burden of the PRA Senior Analyst. Affected Public: Business or other for- collection of information on those who profits; not-for-profit institutions. are to respond, including the use of [FR Doc. 2021–03116 Filed 2–16–21; 8:45 am] Total Estimated Number of automated collection techniques or BILLING CODE 4510–26–P Respondents: 3,299. other forms of information technology. Total Estimated Number of FOR FURTHER INFORMATION CONTACT: Responses: 3,299. Crystal Rennie by telephone at 202– 693–0456, or by email at DOL_PRA_ NATIONAL CREDIT UNION Total Estimated Annual Time Burden: ADMINISTRATION 550 hours. [email protected]. Total Estimated Annual Other Costs SUPPLEMENTARY INFORMATION: The Sunshine Act Meetings Burden: $0. information collection requirements are directed toward assuring the safety of Authority: 44 U.S.C. 3507(a)(1)(D). TIME AND DATE: 10:00 a.m., Thursday, workers in grain handling through February 18, 2021. Dated: February 9, 2021. development of a housekeeping plan, an Anthony May, emergency action plan, procedures for PLACE: Due to the COVID–19 Pandemic, Management and Program Analyst. the use of tags and locks, the issuance the meeting will be open to the public [FR Doc. 2021–03118 Filed 2–16–21; 8:45 am] of hot work permits, and permits for via live webcast only. Visit the agency’s BILLING CODE 4510–CH–P entry into grain storage structures. homepage (www.ncua.gov) and access Certification records are required after the provided webcast link. inspections of the mechanical and safety STATUS: This meeting will be open to the DEPARTMENT OF LABOR control equipment associated with public. dryers, grain stream processing Office of the Secretary equipment, etc. For additional MATTERS TO BE CONSIDERED: substantive information about this ICR, Agency Information Collection 1. Board Briefing, Share Insurance see the related notice published in the Activities; Submission for OMB Fund Quarterly Report. Federal Register on November 23, 2020 Review; Comment Request; Gain (85 FR 74765). 2. NCUA Rules and Regulations, Joint Handling Facilities Standard This information collection is subject Ownership Share Accounts. to the PRA. A Federal agency generally 3. Board Briefing, Consolidated ACTION: Notice of availability; request cannot conduct or sponsor a collection Appropriations Act, 2021, Emergency for comments. of information, and the public is Capital Investment Program.

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CONTACT PERSON FOR MORE INFORMATION: including the validity of the The 60-Day Notice was published in the Melane Conyers-Ausbrooks, Secretary of methodology and assumptions used; Federal Register on July 10, 2020 (85 FR the Board, Telephone: 703–518–6304. • Enhance the quality, utility, and 41629). No comments were received. clarity of the information to be IMLS envisions using a variety of Melane Conyers-Ausbrooks, collected; and techniques including but not limited to Secretary of the Board. • Minimize the burden of the tests of various types of survey [FR Doc. 2021–03211 Filed 2–12–21; 11:15 am] collection of information on those who operations, focus groups, cognitive BILLING CODE 7535–01–P are to respond, including through the laboratory activities, pilot testing, use of appropriate automated, exploratory interviews, experiments electronic, mechanical, or other with questionnaire design, and usability NATIONAL FOUNDATION ON THE technological collection techniques or testing of electronic data collection ARTS AND THE HUMANITIES other forms of information technology instruments.in order to identify (e.g., permitting electronic submission questionnaire and procedural problems, Institute of Museum and Library of responses). suggest solutions, and measure the Services ADDRESSES: Written comments and relative effectiveness of alternative recommendations for proposed solutions. Following standard OMB Submission for OMB Review, information collection requests should requirements, IMLS will submit a Comment Request, Proposed be sent within 30 days of publication of change request to OMB for each data Collection: Generic Clearance To this Notice to www.reginfo.gov/public/ collection activity undertaken under Conduct Pre-Testing of Surveys do/PRAMain. Find this particular this generic clearance. IMLS will AGENCY: Institute of Museum and information collection request by provide OMB with the instruments and Library Services, National Foundation selecting ‘‘Institute of Museum and supporting materials describing the for the Arts and the Humanities Library Services’’ under ‘‘Currently research project and specific pre-testing ACTION: Submission for OMB Review, Under Review;’’ then check ‘‘Only Show activities. comment request. ICR for Public Comment’’ checkbox. Agency: Institute of Museum and Once you have found this information Library Services. SUMMARY: The Institute of Museum and collection request, select ‘‘Comment,’’ Title of Collection: Generic Clearance Library Services announces the and enter or upload your comment and to Conduct Pre-Testing of Surveys following information collection has information. Alternatively, please mail 2020–2023. been submitted to the Office of your written comments to Office of OMB Control Number: 3137–NEW. Management and Budget (OMB) for Information and Regulatory Affairs, Agency Number: 3137. review and approval in accordance with Attn.: OMB Desk Officer for Education, Affected Public: State, Local, and the Paperwork Reduction Act. This Office of Management and Budget, Tribal governments; libraries; museums. program helps to ensure that requested Room 10235, Washington, DC 20503, or Total Estimated Number of Annual data can be provided in the desired call (202) 395–7316. Responses: 650. format, reporting burden (time and FOR FURTHER INFORMATION CONTACT: Frequency of Response: Once per financial resources) is minimized, Matthew Birnbaum, Ph.D., Senior request. collection instruments are clearly Evaluation Officer, Office of Digital and Average Hours per Response: 1. understood, and the impact of collection Information Strategy, Institute of Total Estimated Number of Annual requirements on respondents can be Museum and Library Services, 955 Burden Hours: 650. Total Annual Cost Burden: properly assessed. This notice proposes L’Enfant Plaza North SW, Suite 4000, $18,915.00. a generic clearance to Conduct Pre- Washington DC 20024–2135. Dr. Total Annual Federal Costs: Testing of Surveys, comprising of test Birnbaum can be reached by telephone $145,000.00. questionnaires and survey procedures, at 202–653–4760, by email at in order to improve the quality and [email protected], or by teletype Dated: February 11, 2021. usability of information collection (TTY/TDD) for persons with hearing Amanda M.F. Bakale, instruments. For more information on difficulty at 202–653–4614. Persons Assistant General Counsel. the types of proposed information who are deaf or hard of hearing (TTY [FR Doc. 2021–03134 Filed 2–16–21; 8:45 am] collection requests for pre-testing survey users) can contact IMLS via Federal BILLING CODE 7036–01–P IMLS may administer, contact the Relay at 800–877–8339. individual listed below in the FOR SUPPLEMENTARY INFORMATION: The FURTHER INFORMATION section of this Institute of Museum and Library NATIONAL FOUNDATION ON THE notice. Services (IMLS) is the primary source of ARTS AND THE HUMANITIES DATES: Written comments must be federal support for the nation’s libraries submitted to the office listed in the and museums. We advance, support, Institute of Museum and Library ADDRESSES section below on or before and empower America’s museums, Services libraries, and related organizations March 16, 2021. Special Meeting of the National OMB is particular interested in through grant making, research, and Museum and Library Services Board comments that help the agency to: policy development. Our vision is a • Evaluate whether the proposed nation where museums and libraries AGENCY: Institute of Museum and collection of information is necessary work together to transform the lives of Library Services (IMLS), NFAH. for the proper performance of the individuals and communities. To learn ACTION: Notice of meeting. functions of the agency, including more, visit www.imls.gov. whether the information will have Current Actions: This notice proposes SUMMARY: The National Museum and practical utility; a new three-year Generic Clearance to Library Services Board, which advises • Evaluate the accuracy of the Conduct Pre-Testing of Surveys that will the Director of the Institute of Museum agency’s estimate of the burden of the allow the agency to develop, test, and and Library Services in awarding proposed collection of information, improve its surveys and methodologies. national awards and medals, will meet

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by teleconference on March 2, 2021, to Eisenhower Avenue, Alexandria, VA This notice is issued in Washington, DC, review nominations for the 2021 22314; Telephone: (703) 292–8200. on February 10, 2021. National Medal for Museum and Library Purpose of Meeting: To provide Virginia Burke, Service. advice concerning issues related to the FOIA/Privacy Act Officer, Management. DATES: Tuesday, March 2, 2021, at 1:30 oversight, integrity, development and [FR Doc. 2021–03074 Filed 2–16–21; 8:45 am] p.m. EST. enhancement of NSF’s business BILLING CODE 6051–01–P ADDRESSES: The meeting will convene operations. virtually. Agenda PEACE CORPS FOR FURTHER INFORMATION CONTACT: • Welcome/Introductions Katherine Maas, Program Specialist and • BFA, OIRM, Budget Updates Information Collection Request Alt. Designated Federal Officer, Institute • Award Performance Reporting Submission for OMB Review; of Museum and Library Services, Suite Compliance Challenges Reopening of Comment Period 4000, 955 L’Enfant Plaza North SW, • Approval of Subcommittee for AGENCY: Peace Corps. Washington, DC 20024; (202) 653–4798. Information Technology Related to ACTION: Notice; reopening of comment SUPPLEMENTARY INFORMATION: The Renewing NSF period. National Museum and Library Services • Remote Workforce in the New Normal Board is meeting pursuant to the • NSF Strategic Plan Feedback SUMMARY: The Peace Corps published a National Museum and Library Service • Meeting with Dr. Panchanathan and document in the Federal Register of Act, 20 U.S.C., 9105a, and the Federal Dr. Crim December 7, 2020, concerning request Advisory Committee Act (FACA) as for comments on an information Dated: February 11, 2021. amended, 5 U.S.C. App. to review collection request submission for OMB nominations for the 2021 National Crystal Robinson, Review. The purpose of this notice is to Medal for Museum and Library Service. Committee Management Officer. reopen the document comment period. The meeting will be closed to the [FR Doc. 2021–03119 Filed 2–16–21; 8:45 am] DATES: The comment period for the public pursuant to subsections (c)(4), BILLING CODE 7555–01–P notice published December 7, 2020, at (c)(6) and (c)(9) of section 552b of Title 85 FR 78886, is reopened. Submit 5, United States Code, as amended. The comments on or before March 19, 2021. closed meeting will consider ADDRESSES: Address written comments PEACE CORPS information that may disclose: Trade and recommendations for the proposed secrets and commercial or financial Information Collection Request information collection to Virginia information obtained from a person and Burke, FOIA/Privacy Act Officer, by privileged or confidential; and Submission for OMB Review; Reopening of Comment Period email at [email protected]. Email information the premature disclosure of comments must be made in text and not which would be likely to significantly AGENCY: Peace Corps. in attachments. frustrate implementation of a proposed ACTION: Notice; reopening of comment FOR FURTHER INFORMATION CONTACT: agency action. period. Virginia Burke, 202–692–1887. Dated: February 11, 2021. SUPPLEMENTARY INFORMATION: In FR Doc. Amanda M.F. Bakale, SUMMARY: The Peace Corps published a 2020–26808, published at 85 FR 78886 Assistant General Counsel. document in the Federal Register of on December 7, 2020, the notice gave a [FR Doc. 2021–03141 Filed 2–16–21; 8:45 am] December 8, 2020, concerning request 30-day comment period that closed on BILLING CODE 7036–01–P for comments on an information January 6, 2021, but the comment collection request submission for OMB period should have been 60 days. The Review. The purpose of this notice is to Peace Corps is reopening the comment NATIONAL SCIENCE FOUNDATION reopen the document comment period. period to provide an additional 30 days DATES: The comment period for the of comments. Business and Operations Advisory notice published December 8, 2020, at This notice is issued in Washington, DC, Committee Notice of Meeting 85 FR 79046, is reopened. Submit on February 9, 2021. comments on or before March 19, 2021. In accordance with the Federal Advisory Virginia Burke, Committee Act (Pub., L. 92–463, as ADDRESSES: Address written comments FOIA/Privacy Act Officer, Management. amended), the National Science Foundation and recommendations for the proposed [FR Doc. 2021–03079 Filed 2–16–21; 8:45 am] (NSF) announces the following meeting: information collection to Virginia BILLING CODE 6051–01–P Burke, FOIA/Privacy Act Officer, by Name and Committee Code: Business email at [email protected]. Email and Operations Advisory Committee comments must be made in text and not (9556) (Virtual). OFFICE OF PERSONNEL in attachments. Date and Time: March 10, 2021; 11:00 MANAGEMENT a.m. to 5:30 p.m. (EST). FOR FURTHER INFORMATION CONTACT: Place: National Science Foundation, Virginia Burke, 202–692–1887. Submission for Review: Application To 2415 Eisenhower Avenue, Alexandria, SUPPLEMENTARY INFORMATION: In FR Doc. Participate as a Carrier Under 5 U.S.C. Virginia 22314 (Virtual attendance 2020–26879, published at 85 FR 79046 8903(4); 3206–XXXX only). To attend the virtual meeting, on December 8, 2020, the notice gave a AGENCY: Office of Personnel please send your request for the meeting 30-day comment period that closed on Management. link to the following email address: January 7, 2021, but the comment ACTION: 60-Day notice and request for [email protected]. period should have been 60 days. The comments. Type of Meeting: OPEN. Peace Corps is reopening the comment Contact Person: Anna Sohail, period to provide an additional 30 days SUMMARY: Healthcare and Insurance, National Science Foundation, 2415 of comments. Office of Personnel Management (OPM)

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offers the health plan carriers, general technological collection techniques or conference, invites public comment, public and other federal agencies the other forms of information technology, and takes other administrative steps. opportunity to comment on the carrier e.g., permitting electronic submissions DATES: Comments are due: March 26, application for participating in the of responses. 2021. Federal Employees Health Benefits OPM uses the application to ADDRESSES: Submit comments (FEHB) Program. The requirements that determine if carriers meet the electronically via the Commission’s must be met by carriers seeking to requirements set forth in the statute and Filing Online system at http:// participate (and remain) in the FEHB regulations governing the FEHB. On the www.prc.gov. Those who cannot submit Program are set forth in the stature and application, OPM collects information comments electronically should contact regulations. from applicants regarding their the person identified in the FOR FURTHER DATES: Comments are encouraged and solvency, marketing and enrollment, INFORMATION CONTACT section by will be accepted until April 19, 2021. health care delivery and covered telephone for advice on filing ADDRESSES: You may submit comments, services, utilization controls and quality alternatives. assurance, and other general identified by docket number and/or FOR FURTHER INFORMATION CONTACT: Regulatory Information Number (RIN) information and certifications. OPM uses this information to determine if the David A. Trissell, General Counsel, at and title, by the following method: 202–789–6820. Federal Rulemaking Portal: http:// applicant is qualified to participate in www.regulations.gov. Follow the the FEHB Program. SUPPLEMENTARY INFORMATION: In Docket No. PI2021–1 and in response to a instructions for submitting comments. Analysis All submissions received must motion by the Postal Service, the include the agency name and docket Agency: Healthcare and Insurance, Commission notices its filing of a number or RIN for this document. The Office of Personnel Management. detailed explanation of its current general policy for comments and other Authority: 5 U.S.C. 8903(4). Universal Service Obligation (USO) submissions from members of the public Title: Application To Participate as a valuation methodology, including is to make these submissions available Carrier Under 5 U.S.C. 8903(4). workpapers showing the calculations OMB Number: 3206–0145. underlying the Commission’s most for public viewing at http:// 1 www.regulations.gov as they are Reinstatement, with change, of a recent USO valuation. The Commission received without change, including any previously approved collection. has determined that providing the personal identifiers or contact Frequency: Annually. documentation of its current monopoly information. Affected Public: Health plan carriers valuation methodology, including applying for participation in the FEHB supporting workpapers, would be FOR FURTHER INFORMATION CONTACT: A Program. equally valuable to interested persons copy of this ICR, with applicable Number of Respondents: 5. seeking to comment in this docket. supporting documentation, may be Estimated Time per Respondent: 100 Library Reference PRC–LR–PI2020–1– obtained by contacting the Office of hours. NP1 (filed under seal) consists of the Personnel Management, 1900 E Street Total Burden Hours: 500 hours. SAS programs, datasets, input NW, Washington, DC 20415, Attention: Office of Personnel Management. workbooks and output files used to Michael W Kaszynski, Senior Policy develop the FY 2018 and FY 2019 postal Alexys Stanley, Analyst, Healthcare and Insurance at and mailbox monopolies estimates.2 In [email protected] or (202) Regulatory Affairs Analyst. addition, the Library Reference includes 606–2128. [FR Doc. 2021–03166 Filed 2–16–21; 8:45 am] a Word document describing these files, SUPPLEMENTARY INFORMATION: As BILLING CODE 6325–64–P processing instructions and their use, as required by the Paperwork Reduction well as the various output files Act of 1995, (Pub. L. 104–13, 44 U.S.C. produced. chapter 35) as amended by the Clinger- POSTAL REGULATORY COMMISSION As such, the Commission is providing Cohen Act (Pub. L. 104–106), OPM is [Docket No. PI2020–1; Order No. 5832] public notice of filing its Analysis of the soliciting comments for this collection. Value of the Postal and Mailbox The Office of Management and Budget Public Inquiry Monopolies (Library Reference PRC– is particularly interested in comments LR–PI2020–1–NP1). that: AGENCY: Postal Regulatory Commission. 1. Evaluate whether the proposed ACTION: Notice. 1 Docket No. PI2021–1, Order Granting Motion to collection of information is necessary Disclose Methodological Information and to Adjust for the proper performance of the SUMMARY: The Commission, in response Procedural Schedule, January 21, 2021 (Order No. to a motion by the Postal Service, 5821). functions of the agency, including 2 The mailbox monopoly is the Postal Service’s whether the information will have notices its filing of a detailed exclusive right to deliver to and collect from practical utility; explanation of its current Universal mailboxes. The letter monopoly is the Postal 2. Evaluate the accuracy of the Service Obligation (USO) valuation Service’s exclusive right to carry and deliver most agency’s estimate of the burden of the methodology, including workpapers addressed, paper-based correspondence. The combined letter and mailbox monopolies are proposed collection of information, showing the calculations underlying the together referred to as the postal monopoly. including the validity of the Commission’s most recent USO Subtracting the value of the mailbox monopoly methodology and assumptions used; valuation. The Commission has from the value of the postal monopoly does not 3. Enhance the quality, utility, and determined that providing the yield the value of the letter monopoly because there is overlap in the contestable mail and a different clarity of the information to be documentation of its current monopoly frequency of delivery by the competitor. Without collected; and valuation methodology, including access to mailboxes, it is unlikely that the 4. Minimize the burden of the supporting workpapers, would be competitor could successfully capture mail directed collection of information on those who equally valuable to interested persons to a specific person or address because those pieces are delivered to and collected from mailboxes. are to respond, including through the seeking to comment in this docket. This Therefore, a separate estimate of the value of the use of appropriate automated, document informs the public of this letter monopoly alone (retaining the mailbox electronic, mechanical, or other proceeding and the technical monopoly) is not calculated.

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Overview of Current Changes to processing refer to as ‘‘d23’’ volume.5 In The FY 2018 and FY 2019 data source Original Monopolies Methodology the 2008 USO Report methodology, mail volume inputs to the models also contestable mail included ‘‘Parcel Post’’ differ from previous years. The volume SAS Programs Changes, Input dropshipped at the destination delivery inputs are adjusted (weighted) to the Workbooks Changes and Other Material unit (DDU).6 Because ‘‘Parcel Post’’ national fiscal year annual estimates of Methodological Changes (FY 2018 and evolved 7 since then, in the FY 2018 and FY 2019 Monopolies Estimates) mail volume delivered by city carriers FY 2019 methodology, the ‘‘d23’’ (on letter routes) and rural carriers. The To the extent possible, the volume includes Parcel Select/Parcel Commission’s Sensitivity Analysis Commission attempted to update and Select Lightweight, Retail Ground/ section that follows includes the results replicate nearly all aspects of the Standard Post and First-Class Packages of those changes for FY 2019. original methodology.3 Out of necessity, in the input workbooks and volume the original SAS programming code was groupings of the overarching structure Commission’s Sensitivity Analysis modified to accommodate or of the SAS processing programs code.8 The Commission’s models allow for incorporate changes in the data sources the selection of different values for such as new product codes or other time 5 The FY 2007 CCCS data set had bucket number certain key parameters that affect the or mail volume changes.4 23 mail volume as ‘‘Parcel Post.’’ See Docket No. estimated value of the monopolies. In The original monopoly methodology ACR2007, Library Reference USPS–FY07–28, December 28, 2007, file ‘‘USPS_FY07_28_CCCS_ addition to the base case values that had ‘‘Parcel Post’’ as the only mail in Final.doc, at 12; Workpapers and Data Files reflect the assumptions that the the category that the SAS programs and Appendix F4, file ‘‘SAS program ‘‘CCS07_ Commission selected as the most likely, newwts1.sas.’’ ‘‘low’’ and ‘‘high’’ values are evaluated 3 See Report on Universal Postal Service and the 6 See 2008 USO Report, Workpapers and Data Postal Monopoly, December 19, 2008 (2008 USO Files Appendix F4, Excel file ‘‘contestable_vol_est_ to demonstrate the sensitivity of the Report). Additionally, the Commission filed 120708.xls,’’ tab ‘‘FY07.’’ A note is included in tab results to each parameter and to help Appendices and Workpapers attached as zip files. ‘‘FY07,’’ line 11, ‘‘Note: used .523 (ratio of DDU/ conceptualize the lower and upper See folder ‘‘Appendices,’’ folder ‘‘USO Tot PP in R2006–1) x 349 mil (FY07 Tot PP RPW).’’ bounds of reasonable estimates. Figure 1 Appendices,’’ PDF file ‘‘Appendix F Section 4.pdf’’ 7 The United States Postal Service Office of (Quantitative Analysis of the Value of the Postal Inspector General states that ‘‘Parcel Post has shows that the combined monopoly and Mailbox Monopolies, Robert H. Cohen) and evolved into a diverse set of package delivery value estimate is most sensitive to the folder ‘‘Workpapers and Data Files Appendix services that are integral to the Nation’s lifestyle contestable volume with a range from F4.zip.’’ The files included with the FY 2018 and and commerce, including Priority Mail, Parcel FY 2019 PRC–LR–PI2020–1–NP1 Library Reference Select, which allows mailers to enter discounted low to high of about $7.2 billion. The mimic the same structure (where applicable) and packages deep within the U.S. Postal Service’s results are less sensitive to the discount purpose of the SAS programs and datasets as well network, and Standard Post, Parcel Post’s direct or to the cost advantage variables. as the input and output workbooks provided in the descendant.’’ See United States Postal Service BILLING CODE 7710–FW–P 2008 USO Report ‘‘Workpapers and Data Files Office of Inspector General White Paper, Report No. Appendix F4.zip’’ folder ‘‘Workpapers and Data RARC–WP–14–004, 100 Years of Parcel Post, Files Appendix F4.’’ December 20, 2013, at ii, available at: https:// Class Package), 420 (Parcel Select), 430 (Parcel 4 For example, the City Carrier Cost System www.uspsoig.gov/sites/default/files/document- Select Lightweight), 460 (Retail Ground/Standard (CCCS) sampling design change described in Docket library-files/2015/rarc-wp-14-004_0.pdf. Post). The ‘‘d23’’ percentage of contestable mail is No. ACR2008, Library Reference USPS–FY08–34, 8 See Docket No. ACR2019, Library Reference based on the number of Parcel Select and Parcel December 30, 2008, PDF file ‘‘USPS–FY08–34_ USPS–FY19–NP22, December 27, 2019, PDF file Select Lightweight packages dropshipped (data CCCS_Final.pdf,’’ at 1. Additionally, to improve ‘‘USPS–FY19_NP22_CCCS_Preface.pdf,’’ at 37–38; source from the billing determinants) at the DDU. efficiency, the rural product distribution keys Library Reference USPS–FY19–NP23, December 27, See Library Reference PRC–LR–PI2020–1–NP1, development was automated in the methodology 2019, PDF file ‘‘USPS–FY19–NP23_RCCS_ Excel file ‘‘Contestable_2019.xlsx,’’ tabs ‘‘FY 19,’’ after the 2008 Report. Preface.pdf,’’ at 22–23: bucket numbers 123 (First- ‘‘FY 19 Contestable,’’ and ‘‘19Parcel Select.’’

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To test the sensitivity of the FY 2019 holding the other variables to their base billion. The mailbox monopoly value base case combined monopoly estimate, case values. estimate is also sensitive to the number the value of the combined monopoly Figure 2 shows that the mailbox of delivery days. The results are less estimate is shown below in Table 1 for monopoly value estimate is most sensitive to the discount or to the cost the full range of each parameter while sensitive to the contestable volume with advantage variables. a range from low to high of about $1.6

9 The base case combined monopoly model shaded in Table 1. The base case parameters for the 3 days a week and potentially skims 100 percent of parameters (discount, delivery days/week, cost combined (letter and mailbox)/postal monopoly the eligible contestable mail on profitable routes. advantage and percentage of contestable mail estimate are the entrant offers a 10 percent potentially skimmed on profitable routes) are discount, has a 10 percent cost advantage, delivers

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BILLING CODE 7710–FW–C 1. The Commission provides notice of SECURITIES AND EXCHANGE To test the sensitivity of the FY 2019 filing its Analysis of the Value of the COMMISSION base case combined monopoly estimate, Postal and Mailbox Monopolies in [Release No. 34–91094; File No. SR–MEMX– the value of the combined monopoly Library Reference PRC–LR–PI2020–1– estimate is shown below in Table 2 for 2021–02] NP1. the full range of each parameter while Self-Regulatory Organizations; MEMX holding the other variables to their base 2. Interested persons may submit LLC; Notice of Filing and Immediate case values. written comments on any or all aspects Effectiveness of a Proposed Rule To the extent that the Commission’s of the Commission’s estimation Change To Amend the Exchange’s Fee additional analysis and this information methodology no later than March 26, Schedule may affect comments already filed in 2021. this docket or create new areas of 3. The Secretary shall arrange for February 10, 2021. interest for parties, the Commission is publication of this Order in the Federal Pursuant to Section 19(b)(1) of the opening up a second comment period. Register. Securities Exchange Act of 1934 (the Interested persons are invited to ‘‘Act’’) 1 and Rule 19b–4 thereunder,2 comment on any or all aspects of By the Commission. notice is hereby given that on January existing and potential methodology Erica A. Barker, 29, 2021, MEMX LLC (‘‘MEMX’’ or the changes. Comments are due March 26, Secretary. ‘‘Exchange’’) filed with the Securities 2021. [FR Doc. 2021–03103 Filed 2–16–21; 8:45 am] and Exchange Commission (the It is ordered: BILLING CODE 7710–FW–P ‘‘Commission’’) the proposed rule change as described in Items I, II, and 10 The parameters for the base case of the mailbox III below, which Items have been monopoly model are that the entrant offers a 10 prepared by the Exchange. The percent discount, has a 10 percent cost advantage, delivers 1 day a week, and potentially skims 100 percent of the eligible contestable mail on profitable 1 15 U.S.C. 78s(b)(1). routes. 2 17 CFR 240.19b–4.

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Commission is publishing this notice to market and that remove liquidity from a recent entrant in the equities market solicit comments on the proposed rule the market to which they are routed. and to attract additional order flow to change from interested persons. The Exchange first notes that it the Exchange to help it compete with operates in a highly competitive market other equities trading venues, the I. Self-Regulatory Organization’s in which market participants can Exchange previously adopted a higher Statement of the Terms of Substance of readily direct order flow to competing standard rebate for executions of Added the Proposed Rule Change venues if they deem fee levels at a Displayed Retail Volume relative to the The Exchange is filing with the particular venue to be excessive or standard rebate for executions of Added Commission a proposed rule change to rebates/incentives to be insufficient. Displayed Volume to incentivize amend the Exchange’s fee schedule More specifically, the Exchange is only Members to submit additional order applicable to Members 3 (the ‘‘Fee one of 16 registered equities exchanges, flow in the form of Retail Orders to the Schedule’’) pursuant to Exchange Rules as well as a number of alternative Exchange.8 The proposed increase 15.1(a) and (c). The Exchange proposes trading systems and other off-exchange rebate for executions of Added to implement the changes to the Fee venues, to which market participants Displayed Retail Volume is designed to Schedule pursuant to this proposal on may direct their order flow. Based on maintain a higher rebate for such orders February 1, 2021. The text of the publicly available information, no single relative to the standard rebate for Added proposed rule change is provided in registered equities exchange currently Displayed Volume, which the Exchange Exhibit 5. has more than approximately 15% of is proposing to increase from $0.0029 the total market share of executed II. Self-Regulatory Organization’s per share to $0.0034 per share, as volume of equities trading.5 Thus, in Statement of the Purpose of, and described above. such a low-concentrated and highly Statutory Basis for, the Proposed Rule competitive market, no single equities Increased Standard Fee for Removed Change trading venue possesses significant Volume In its filing with the Commission, the pricing power in the execution of order The Exchange also proposes to Exchange included statements flow, and the Exchange currently increase the standard fee charged for concerning the purpose of and basis for represents less than 1% of the overall executions of orders in securities priced the proposed rule change and discussed market share.6 at or above $1.00 per share that remove any comments it received on the liquidity from the Exchange (‘‘Removed proposed rule change. The text of these Increased Standard Rebate for Added Displayed Volume Volume’’). Currently, the Exchange statements may be examined at the charges a standard fee of $0.0025 per places specified in Item IV below. The The Exchange proposes to increase share for executions of Removed Exchange has prepared summaries, set the standard rebate provided for Volume. The Exchange now proposes to forth in sections A, B, and C below, of executions of orders (other than Retail increase the standard fee charged for the most significant aspects of such Orders) in securities priced at or above executions of Removed Volume to statements. $1.00 per share that are displayed on the $0.0026 per share. MEMX Book 7 and add liquidity to the A. Self-Regulatory Organization’s Exchange (‘‘Added Displayed Volume’’). Adoption of Standard Fee for Routed Statement of the Purpose of, and Currently, the Exchange provides a Removed Sub-Dollar Volume Statutory Basis for, the Proposed Rule standard rebate of $0.0029 per share for Change Lastly, the Exchange proposes to executions of Added Displayed Volume. adopt a standard fee for executions of 1. Purpose The Exchange now proposes to increase orders in securities priced below $1.00 The purpose of the proposed rule the standard rebate provided for per share that are routed to and change is to amend the Fee Schedule to executions of Added Displayed Volume executed on an away market and that (i) increase the standard rebate for to $0.0034 per share. remove liquidity from the market to executions of orders (other than Retail Increased Standard Rebate for Added which they are routed (‘‘Routed Orders 4) in securities priced at or above Displayed Retail Volume Removed Sub-Dollar Volume’’). $1.00 per share that add displayed Currently, the Exchange does not charge The Exchange also proposes to liquidity to the Exchange; (ii) increase a fee or provide a rebate for executions increase the standard rebate provided the standard rebate for executions of of Routed Removed Sub-Dollar Volume. for executions of Retail Orders in Retail Orders in securities priced at or The Exchange now proposes to charge a securities priced at or above $1.00 per above $1.00 per share that add standard fee of 0.30% of the total dollar share that are displayed on the MEMX displayed liquidity to the Exchange; (iii) value of each execution of Routed Book and add liquidity to the Exchange increase the standard fee for executions Removed Sub-Dollar Volume. The (‘‘Added Displayed Retail Volume’’). of orders in securities priced at or above Exchange notes that the routing services Currently, the Exchange provides a $1.00 per share that remove liquidity offered by the Exchange and its standard rebate of $0.0034 per share for from the Exchange; and (iv) adopt a fee affiliated broker-dealer are completely executions of Added Displayed Retail for executions of orders in securities optional and market participants can Volume. The Exchange now proposes to priced below $1.00 per share that are readily select between various providers increase the standard rebate provided routed to and executed on an away of routing services, including other for executions of Added Displayed exchanges and broker-dealers. 3 Retail Volume to $0.0037 per share. As See Exchange Rule 1.5(p). Additional Discussion 4 A ‘‘Retail Order’’ means an agency or riskless principal order that meets the criteria of FINRA 5 Market share percentage calculated month-to- The purpose of the proposed date for January 2021 as of January 28, 2021. The Rule 5320.03 that originates from a natural person increased standard rebates for and is submitted to the Exchange by a Retail Exchange receives and processes data made Member Organization, provided that no change is available through consolidated data feeds (i.e., CTS executions of Added Displayed Volume made to the terms of the order with respect to price and UTDF). or side of market and the order does not originate 6 Id. 8 See Securities Exchange Act Release No. 90555 from a trading algorithm or any other computerized 7 ‘‘MEMX Book’’ refers to the Exchange system’s (December 3, 2020), 85 FR 79244 (December 9, methodology. See Exchange Rule 11.21(a). electronic file of orders. See Exchange Rule 1.5(q). 2020) (SR–MEMX–2020–14).

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and Added Displayed Retail Volume is other charges among its Members and discovery and price formation, provide for business and competitive reasons, as other persons using its facilities and is more trading opportunities and tighter the Exchange believes such increased not designed to permit unfair spreads, and deepen liquidity that is rebates would incentivize Members to discrimination between customers, subject to the Exchange’s transparency, submit additional displayed liquidity- issuers, brokers, or dealers. regulation and oversight, thereby adding order flow (including both Retail As discussed above, the Exchange enhancing market quality to the benefit Orders and non-retail orders) to the operates in a highly fragmented and of all Members and investors. Exchange, which the Exchange believes competitive market in which market Increased Standard Rebate for Added would promote price discovery and participants can readily direct order Displayed Volume price formation, provide more trading flow to competing venues if they deem opportunities and tighter spreads, and fee levels at a particular venue to be The Exchange believes the proposed deepen liquidity that is subject to the excessive or incentives to be increased standard rebate for executions Exchange’s transparency, regulation and insufficient, and the Exchange of Added Displayed Volume is oversight, thereby enhancing market represents only a small percentage of reasonable, equitable and consistent quality to the benefit of all Members and the overall market. The Commission and with the Act because it is designed to investors. the courts have repeatedly expressed incentivize Members to submit The purpose of the proposed their preference for competition over additional displayed liquidity-adding increased standard fee for executions of regulatory intervention in determining orders to the Exchange, which would Removed Volume and the proposed prices, products, and services in the enhance liquidity on the Exchange and adoption of a standard fee for securities markets. In Regulation NMS, promote price discovery and price executions of Routed Removed Sub- the Commission highlighted the formation. The Exchange further Dollar Volume is also for business and importance of market forces in believes the proposed increased competitive reasons, as the Exchange determining prices and SRO revenues standard rebate is reasonable and believes such fees would generate and also recognized that current appropriate because it is comparable to, additional revenue to offset some of the regulation of the market system ‘‘has and competitive with, the rebates costs associated with the proposed been remarkably successful in provided by other exchanges for increased rebates for executions of promoting market competition in its executions of liquidity-adding displayed Added Displayed Volume and Added broader forms that are most important to non-retail orders in securities priced at Displayed Retail Volume described investors and listed companies.’’ 11 or above $1.00 per share.12 However, the above, and the Exchange’s operations The Exchange believes that the ever- Exchange notes that certain of these generally, in a manner that is consistent shifting market share among the exchanges provide a tiered pricing with the Exchange’s overall pricing exchanges from month to month structure that provides a comparable philosophy of encouraging added demonstrates that market participants rebate for executions of liquidity-adding displayed liquidity. The proposed can shift order flow or discontinue to displayed non-retail orders in securities standard fee for executions of Routed reduce use of certain categories of priced at or above $1.00 per share only Removed Sub-Dollar Volume is also products, in response to new or when certain volume thresholds are intended to recoup some of the different pricing structures being met.13 The Exchange believes that, Exchange’s costs associated with introduced into the market. The consistent with the Exchange’s existing handling such orders, including the Exchange also reiterates that the routing pricing structure, it is reasonable, costs of operating the Exchange’s services offered by the Exchange and its equitable and not unfairly affiliated routing broker-dealer and the affiliated broker-dealer are completely discriminatory to provide a higher applicable fees charged by the away optional and that the Exchange operates rebate for executions of displayed orders market for removing liquidity, as the in a highly competitive market in which that add liquidity than to non-displayed current pricing structure would require market participants can readily select orders as this rebate structure is the Exchange to absorb all such costs. between various providers of routing designed to incentivize Members to The proposed rule change does not services with different product offerings submit displayed orders to the include different fees or rebates that and different pricing. Accordingly, Exchange, thereby contributing to price depend on the amount of orders competitive forces constrain the discovery and price formation, submitted to, and/or transactions routed Exchange’s transaction fees and rebates consistent with the overall goal of or executed on or through, the Exchange generally, including with respect to enhancing market quality. The or its affiliated routing broker-dealer. Added Displayed Volume, Added Accordingly, all fees and rebates Displayed Retail Volume, Removed 12 See, e.g., the MIAX PEARL, LLC equities Volume and Routed Removed Sub- trading fee schedule on its public website (available described above are applicable to all at https://www.miaxoptions.com/sites/default/files/ Members, regardless of the overall Dollar Volume, and market participants fee_schedule-files/MIAX_PEARL_Equities_Fee_ volume of a Member’s routing or trading can readily trade on and/or or utilize the Schedule_01012021.pdf), which reflects a standard activities on or through the Exchange or routing services of competing venues if rebate of $0.0032 per share to add displayed they deem pricing levels or product liquidity in Tape A and Tape C securities priced at its affiliated routing broker-dealer. or above $1.00 per share and a standard rebate of offerings at those other venues to be 2. Statutory Basis $0.0035 per share to add displayed liquidity in more favorable. The Exchange believes Tape B securities priced at or above $1.00 per share; The Exchange believes that the the proposed rule change reflects a the NYSE Arca, Inc. (‘‘NYSE Arca’’) equities trading proposed rule change is consistent with reasonable and competitive pricing fee schedule on its public website (available at 9 https://www.nyse.com/publicdocs/nyse/markets/ the provisions of Section 6 of the Act, structure designed to incentivize market nyse-arca/NYSE_Arca_Marketplace_Fees.pdf), in general, and with Sections 6(b)(4) and participants to add aggressively priced which reflects rebates up to $0.0033 per share to (5) of the Act,10 in particular, in that it displayed liquidity and direct their add displayed liquidity in Tape A and Tape C is designed to provide for the equitable order flow to the Exchange, which the securities priced at or above $1.00 per share depending on the applicable tier and rebates up to allocation of reasonable dues, fees and Exchange believes would promote price $0.0034 per share to add displayed liquidity in Tape B securities priced at or above $1.00 per share 9 15 U.S.C. 78f. 11 Securities Exchange Act Release No. 51808 depending on the applicable tier. 10 15 U.S.C. 78f(b)(4) and (5). (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005). 13 Id.

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Exchange further believes that this fee is However, the Exchange notes that these Increased Standard Fee for Removed equitably allocated and not unfairly exchanges provide a tiered pricing Volume discriminatory because it applies structure that provides a comparable The Exchange believes the proposed equally to all Members and, when rebate for executions of liquidity-adding increased standard fee for executions of coupled with lower fees for removing displayed retail orders in securities Removed Volume is reasonable, liquidity, is designed to facilitate priced at or above $1.00 per share only equitable and consistent with the Act increased activity on the Exchange to when certain volume thresholds are because it is designed to generate the benefit of all Members by providing met.15 The Exchange believes that it is additional revenue to offset some of the more trading opportunities and reasonable, equitable and not unfairly costs associated with the proposed promoting price discovery. discriminatory to provide a higher increased standard rebates for The Exchange notes that under this rebate for executions of displayed Retail executions of Added Displayed Volume proposal the Exchange will continue to Orders that add liquidity than to non- and Added Displayed Retail Volume in pay a higher rebate for Added Displayed displayed Retail Orders as this rebate a manner that is consistent with the Volume than the fee it charges for structure is designed to incentivize Exchange’s overall pricing philosophy removing such volume, and as such the Members to submit displayed orders to of encouraging added displayed Exchange will continue to have a the Exchange, thereby contributing to liquidity. The Exchange further believes negative net capture (i.e., will lose price discovery and price formation, this proposed standard fee is reasonable money) with respect to such consistent with the overall goal of and appropriate because it represents a transactions. The Exchange notes that, enhancing market quality. modest increase from the current fee as a recent entrant in the equities and remains lower than or comparable market, it will only utilize a pricing The Exchange understands that 16 to, and competitive with, the fees structure whereby it maintains a Section 6(b)(5) of the Act prohibits an charged by other exchanges for negative net capture with respect to exchange from establishing rules that executions of orders in securities priced such transactions for a limited time in are designed to permit unfair at or above $1.00 per share that remove an effort to encourage market discrimination between market liquidity.17 The Exchange further participants to join, connect to, and participants. However, Section 6(b)(5) of believes that this proposed standard fee participate on the Exchange. As noted the Act does not prohibit exchange is equitably allocated and not unfairly above, the Exchange operates in a highly members or other broker-dealers from discriminatory because it will apply competitive market, and the Exchange discriminating, so long as their activities equally to all Members. believes this pricing structure will are otherwise consistent with the federal Adoption of Standard Fee for Routed enable it to effectively compete with securities laws. While the Exchange Removed Sub-Dollar Volume other exchanges by attracting Members believes that markets and price and order flow to the Exchange, which discovery optimally function through The Exchange believes the proposed will help the Exchange to gain market the interactions of diverse flow types, it adoption of a standard fee of 0.30% of share for executions. The Exchange also believes that growth in the total dollar value of executions of expects to modify its pricing structure internalization has required Routed Removed Sub-Dollar Volume is after it has gained sufficient differentiation of Retail Order flow from reasonable, equitable and consistent participation from market participants other order flow types. The with the Act because it is designed to and market share for executions to differentiation proposed herein by the generate additional revenue to offset eliminate the negative net capture and Exchange to maintain a higher rebate for some of the costs associated with the instead be profitable with respect to Added Displayed Retail Volume relative proposed increased standard rebates for such transactions. to the standard rebate for Added executions of Added Displayed Volume Displayed Volume (i.e., non-retail and Added Displayed Retail Volume, as Increased Standard Rebate for Added well as to recoup some of the Displayed Retail Volume orders) is not designed to permit unfair discrimination, but instead to promote a Exchange’s costs associated with handling such orders, including the Similarly, the Exchange believes the competitive process around Retail Order costs of operating the Exchange’s proposed increased standard rebate for executions such that retail investors affiliated routing broker-dealer and the executions of Added Displayed Retail would continue to receive better rebates Volume is reasonable, equitable and applicable fees charged by the away on the Exchange than comparable non- market for removing liquidity, as the consistent with the Act because it is retail orders in order to encourage entry designed to incentivize Members to current pricing structure would require of Retail Orders to the Exchange. the Exchange to absorb all such costs, in submit additional displayed liquidity- Accordingly, the Exchange believes the adding Retail Orders to the Exchange, a manner that is consistent with the proposed increased standard rebate for Exchange’s overall pricing philosophy which would enhance liquidity in Retail executions of Added Displayed Retail Orders on the Exchange and promote of encouraging added displayed Volume is equitably allocated and not liquidity. The Exchange further believes price discovery and price formation. unfairly discriminatory. The Exchange further believes the this proposed standard fee is reasonable proposed increased standard rebate is rebates ranging from $0.0033–$0.0038 per share, 17 reasonable and appropriate because it is See, e.g., the Cboe EDGX equities trading fee depending on the applicable tier, for retail orders schedule on its public website (available at https:// comparable to, and competitive with, in securities priced at or above $1.00 per share that markets.cboe.com/us/equities/membership/fee_ the rebates provided by other exchanges add displayed liquidity; the Cboe EDGX Exchange, schedule/edgx/), which reflects a standard fee of for executions of liquidity-adding Inc. (‘‘Cboe EDGX’’) equities trading fee schedule on $0.0027 per share to remove liquidity in securities its public website (available at https:// priced at or above $1.00 per share; The Nasdaq displayed retail orders in securities markets.cboe.com/us/equities/membership/fee_ 14 Stock Market LLC (‘‘Nasdaq’’) trading fee schedule priced at or above $1.00 per share. schedule/edgx/), which reflects rebates ranging on its public website (available at http:// from $0.0032–$0.0037 per share, depending on the www.nasdaqtrader.com/ 14 See e.g., the NYSE Arca equities trading fee applicable tier, for retail orders in securities priced trader.aspx?id=pricelisttrading2), which reflects a schedule on its public website (available at https:// at or above $1.00 per share that add liquidity. standard fee of $0.0030 per share to remove www.nyse.com/publicdocs/nyse/markets/nyse-arca/ 15 Id. liquidity in securities priced at or above $1.00 per NYSE_Arca_Marketplace_Fees.pdf), which reflects 16 15 U.S.C. 78f(b)(5). share.

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and appropriate because it is identical Displayed Retail Volume, Removed Additionally, market participants can to the fees charged by several other Volume, and Routed Removed Sub- readily select between various providers exchanges for executions of orders in Dollar Volume, thereby making it a of routing services with different securities priced below $1.00 per share desirable destination venue for its product offerings and different pricing. that are routed to and executed on an customers. As a result, the Exchange Accordingly, competitive forces away market and that remove liquidity believes that the proposed change constrain the Exchange’s transaction from the market to which they are furthers the Commission’s goal in fees and rebates generally, including 18 routed. The Exchange further believes adopting Regulation NMS of fostering with respect to Added Displayed that this proposed standard fee is competition among orders, which Volume, Added Displayed Retail equitably allocated and not unfairly promotes ‘‘more efficient pricing of Volume, Removed Volume, and Routed discriminatory because it will apply individual stocks for all types of orders, Removed Sub-Dollar Volume, and equally to all Members that choose to large and small.’’ 19 use the Exchange’s routing services. market participants can readily choose The Exchange also notes that the Intramarket Competition to send their orders to other exchange proposal does not include different fees The Exchange believes that the and off-exchange venues for execution or rebates that depend on the amount of proposed changes would continue to and/or routing services if they deem fee orders submitted to, and/or transactions incentivize market participants to direct levels or product offerings at those other routed or executed on or through, the order flow to the Exchange. Greater venues to be more favorable. As Exchange or its affiliated routing broker- liquidity benefits all Members by described above, the proposed changes dealer. Accordingly, the Exchange providing more trading opportunities are competitive proposals through believes the proposed pricing changes and encourages Members to send orders which the Exchange is seeking to are reasonable, equitable, and non- to the Exchange, thereby contributing to encourage certain order flow to be sent discriminatory as such changes are robust levels of liquidity, which benefits to the Exchange. applicable to all Members, regardless of all Members. The proposed fees and Additionally, the Commission has the overall volume of a Member’s rebates for transactions in Added repeatedly expressed its preference for routing or trading activities on or Displayed Volume, Added Displayed through the Exchange or its affiliated Retail Volume, Removed Volume, and competition over regulatory broker-dealer. Routed Removed Sub-Dollar Volume intervention in determining prices, would be available to all similarly- products, and services in the securities B. Self-Regulatory Organization’s situated market participants, and, as markets. Specifically, in Regulation Statement on Burden on Competition such, the proposed change would not NMS, the Commission highlighted the The Exchange does not believe that impose a disparate burden on importance of market forces in the proposed rule change will result in competition among market participants determining prices and SRO revenues any burden on competition that is not on the Exchange. As such, the Exchange and, also, recognized that current necessary or appropriate in furtherance believes the proposed changes would regulation of the market system ‘‘has of the purposes of the Act. Instead, as not impose any burden on intramarket been remarkably successful in discussed above, the Exchange believes competition that is not necessary or promoting market competition in its that the proposed changes would appropriate in furtherance of the broader forms that are most important to encourage the submission of additional purposes of the Act. investors and listed companies.’’ 20 The order flow to the Exchange, thereby Intermarket Competition fact that this market is competitive has promoting market depth, enhanced also long been recognized by the courts. execution opportunities, as well as price The Exchange operates in a highly competitive market with respect to In NetCoalition v. SEC, the D.C. Circuit discovery and transparency for all stated as follows: ‘‘[n]o one disputes Members. Furthermore, the Exchange execution and routing services. that competition for order flow is believes that the proposed changes Members have numerous alternative ‘fierce.’ . . . As the SEC explained, ‘[i]n would allow the Exchange to continue venues that they may participate on and to compete with other routing and direct their order flow to, including 15 the U.S. national market system, buyers execution venues by providing other equities exchanges and numerous and sellers of securities, and the broker- competitive pricing for transactions in alternative trading systems and other dealers that act as their order-routing Added Displayed Volume, Added off-exchange venues. As noted above, no agents, have a wide range of choices of single registered equities exchange where to route orders for execution’; 18 See, e.g., the Cboe EDGX equities trading fee currently has more than approximately [and] ‘no exchange can afford to take its schedule on its public website (available at https:// 15% of the total market share of market share percentages for granted’ markets.cboe.com/us/equities/membership/fee_ executed volume of equities trading. because ‘no exchange possesses a schedule/edgx/), which reflects a standard fee of 0.30% of the total dollar value of executions of Thus, in such a low-concentrated and monopoly, regulatory or otherwise, in routed orders in securities priced below $1.00 per highly competitive market, no single the execution of order flow from broker share that remove liquidity from the destination equities trading venue possesses dealers’. . . .’’.21 Accordingly, the venue; the Cboe EDGA Exchange, Inc. equities significant pricing power in the trading fee schedule on its public website (available Exchange does not believe its proposed at https://markets.cboe.com/us/equities/ execution of order flow. Moreover, the fee change imposes any burden on membership/fee_schedule/edga/), which reflects a Exchange believes that the ever-shifting competition that is not necessary or standard fee of 0.30% of the total dollar value of market share among the exchanges from appropriate in furtherance of the executions of routed orders in securities priced month to month demonstrates that below $1.00 per share that remove liquidity from purposes of the Act. the destination venue; the Nasdaq equities trading market participants can shift order flow fee schedule on its public website (available at or discontinue to reduce use of certain http://www.nasdaqtrader.com/ categories of products, in response to 20 Id. trader.aspx?id=pricelisttrading2), which reflects a new or different pricing structures being 21 standard fee of 0.30% of the total dollar value of NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. executions of routed orders in securities priced introduced into the market. Cir. 2010) (quoting Securities Exchange Act Release below $1.00 per share that remove liquidity from No. 59039 (December 2, 2008), 73 FR 74770, 74782– the destination venue. 19 See supra note 11. 83 (December 9, 2008) (SR–NYSE–2006–21)).

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C. Self-Regulatory Organization’s communications relating to the solicit comments on the proposed rule Statement on Comments on the proposed rule change between the change from interested persons. Proposed Rule Change Received From Commission and any person, other than Members, Participants, or Others those that may be withheld from the I. Clearing Agency’s Statement of the public in accordance with the Terms of Substance of the Proposed The Exchange neither solicited nor Rule Change received comments on the proposed provisions of 5 U.S.C. 552, will be rule change. available for website viewing and The purpose of the proposed rule printing in the Commission’s Public III. Date of Effectiveness of the change is to amend the Guide to the Reference Room, 100 F Street NE, DTC Fee Schedule 5 (‘‘Fee Guide’’) to Proposed Rule Change and Timing for Washington, DC 20549 on official Commission Action add new fees within the Corporate business days between the hours of Actions section,6 and specifically as that The foregoing rule change has become 10:00 a.m. and 3:00 p.m. Copies of such section relates to the DTC’s Money effective pursuant to Section filing also will be available for Market Instrument program (‘‘MMI 19(b)(3)(A)(ii) of the Act 22 and Rule inspection and copying at the principal Program’’),7 as described in greater 23 19b–4(f)(2) thereunder. office of the Exchange. All comments detail below.8 At any time within 60 days of the received will be posted without change. filing of the proposed rule change, the Persons submitting comments are II. Clearing Agency’s Statement of the Commission summarily may cautioned that we do not redact or edit Purpose of, and Statutory Basis for, the temporarily suspend such rule change if personal identifying information from Proposed Rule Change it appears to the Commission that such comment submissions. You should action is necessary or appropriate in the submit only information that you wish In its filing with the Commission, the public interest, for the protection of to make available publicly. All clearing agency included statements investors, or otherwise in furtherance of submissions should refer to File concerning the purpose of and basis for the purposes of the Act. If the Number SR–MEMX–2021–02, and the proposed rule change and discussed Commission takes such action, the should be submitted on or before March any comments it received on the Commission shall institute proceedings 10, 2021. proposed rule change. The text of these statements may be examined at the to determine whether the proposed rule For the Commission, by the Division of should be approved or disapproved. places specified in Item IV below. The Trading and Markets, pursuant to delegated clearing agency has prepared authority.24 IV. Solicitation of Comments summaries, set forth in sections A, B, J. Matthew DeLesDernier, Interested persons are invited to and C below, of the most significant submit written data, views, and Assistant Secretary. aspects of such statements. arguments concerning the foregoing, [FR Doc. 2021–03087 Filed 2–16–21; 8:45 am] A. Clearing Agency’s Statement of the including whether the proposed rule BILLING CODE 8011–01–P Purpose of, and Statutory Basis for, the change is consistent with the Act. Proposed Rule Change Comments may be submitted by any of SECURITIES AND EXCHANGE the following methods: (1) Purpose COMMISSION Electronic Comments The proposed rule change would • Use the Commission’s internet [Release No. 34–91098; File No. SR–DTC– amend the Fee Guide to add new fees 2021–001)] comment form (http://www.sec.gov/ within the Corporate Actions section,9 rules/sro.shtml); or and specifically as that section relates to • Self-Regulatory Organizations; The Send an email to rule-comments@ Depository Trust Company; Notice of the MMI Program, as described below. sec.gov. Please include File Number SR– Filing and Immediate Effectiveness of MEMX–2021–02 on the subject line. a Proposed Rule Change To Add New 5 Available at http://www.dtcc.com/∼/media/ Fees for DTC’s Money Market Files/Downloads/legal/fee-guides/dtcfeeguide.pdf. Paper Comments 6 Instrument Program See id at 6–8. • Send paper comments in triplicate 7 Pursuant to the Rules, the term ‘‘MMI Program’’ to Secretary, Securities and Exchange February 10, 2021. means the Program for transactions in MMI Securities, as provided in Rule 9(C) and as specified Commission, 100 F Street NE, Pursuant to Section 19(b)(1) of the in the Procedures. See Rule 1, supra note 1. Washington, DC 20549–1090. Securities Exchange Act of 1934 Pursuant to the Rules, the term ‘‘MMI Securities’’ All submissions should refer to File (‘‘Act’’),1 and Rule 19b–4 thereunder,2 means an Eligible Security described in the second Number SR–MEMX–2021–02. This file paragraph of Section 1 of Rule 5, that would, upon notice is hereby given that on February a determination of eligibility by the Corporation, be number should be included on the 1, 2021, The Depository Trust Company assigned an Acronym by DTC. Id. Under the Rules, subject line if email is used. To help the (‘‘DTC’’) filed with the Securities and MMI Securities are processed differently than other Commission process and review your Exchange Commission (‘‘Commission’’) Securities. See Rule 9(C), supra note 1; and DTC comments more efficiently, please use Operational Arrangements (Necessary for Securities the proposed rule change as described to Become and Remain Eligible for DTC Services), only one method. The Commission will in Items I, II, and III below, which Items at 3, available at http://www.dtcc.com/∼/media/ post all comments on the Commission’s have been prepared by DTC. DTC filed Files/Downloads/legal/issue-eligibility/eligibility/ internet website (http://www.sec.gov/ the proposed rule change pursuant to operational-arrangements.pdf. The Procedures applicable to settlement processing of MMI rules/sro.shtml). Copies of the 3 Section 19(b)(3)(A) of the Act and Rule Securities are set forth in the DTC Settlement submission, all subsequent 19b–4(f)(2) thereunder.4 The Service Guide (‘‘Settlement Guide’’), available at amendments, all written statements Commission is publishing this notice to http://www.dtcc.com/∼/media/Files/Downloads/ with respect to the proposed rule legal/service-guides/Settlement.pdf. 8 Each capitalized term not otherwise defined change that are filed with the 24 17 CFR 200.30–3(a)(12). herein has its respective meaning as set forth in the Commission, and all written 1 15 U.S.C. 78s(b)(1). Rules, By-Laws and Organization Certificate of DTC 2 17 CFR 240.19b–4. (the ‘‘Rules’’), available at http://dtcc.com/∼/media/ 22 15 U.S.C. 78s(b)(3)(A)(ii). 3 15 U.S.C. 78s(b)(3)(A). Files/Downloads/legal/rules/dtc_rules.pdf. 23 17 CFR 240.19b–4(f)(2). 4 17 CFR 240.19b–4(f)(2). 9 See supra note 5.

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Background MMI transactions (‘‘MMI System’’) reversals of funds credits to Participants The MMI Program operates using an allows the IPA to create an instruction whose Securities are being redeemed 13 automated platform providing MMI to add a CUSIP number (‘‘CUSIP’’) would create settlement risk for DTC Issuing and Paying Agents 10 (each, an and security-level details (e.g., interest and Participants if it is in an amount rate, maturity date, payment frequency) that places the Participant in a Net Debit ‘‘IPA’’) with the ability to issue, service, 14 and settle Securities that are money to DTC’s masterfile. In this regard, the Balance, by potentially causing affected market instruments (‘‘MMI Securities’’) MMI system provides an IPA with the Participants to be in a position to satisfy that are processed in DTC’s MMI ability to issue, inquire about, withdraw a Net Debit Balance it might not 11 or cancel instructions for all MMI otherwise have incurred and that would Program that they introduce into the 15 marketplace through DTC. The MMI Securities for which it is the IPA. need to be funded in order to complete When a maturity date, call date or Program is designed to provide an IPA settlement. Operational risk arises as payable date (‘‘Event Date’’) for an MMI well since manual intervention is with the capability to process all Security that is on deposit at DTC required to make the reversals which corporate action activity associated with arrives, the event is automatically introduces the possibility of a manual MMI Securities without requiring processed by the MMI System. First, the error by staff making the entries. Similar manual intervention by DTC. However, MMI System would require the IPA to risks arise in the case of a modification from time to time, IPAs make requests acknowledge its payment obligations of the event type or change in interest for adjustments relating to MMI associated with the event.16 Second, rate, each of which requires manual Securities that require manual once the transaction is acknowledged by intervention by DTC to make the intervention by DTC, as described the IPA, the MMI System would process adjustment requested by the IPA and below. While MMI Securities processing the related maturity, redemption or potential movement of Securities and/or is fully automated, the adjustments interest payment, which includes reversal of funds credits and debits. In require manual intervention by DTC, Deliveries of Securities between addition, incorrect information introducing settlement and operational Participants and IPAs, as applicable, previously provided by an IPA that risk to DTC and its Participants, as and inclusion of related funds payments requires adjustment and related to a described below. DTC does not in DTC’s end-of-day settlement.17 transaction that has been acknowledged currently charge its Participants for If an IPA notifies DTC on or after an by an IPA could present settlement risk these adjustments. Event Date that the IPA needs to modify to DTC and Participants in the event DTC’s Rules relating to settlement details that impact the processing of an DTC was unable to make the requested processing for the MMI Program are event, such as changing the Event Date adjustment on that date and the IPA was designed, among other things, to limit to a later date, modifying the event type not able to meet its related obligation to settlement risk for DTC and (e.g., from a principal payment to an make payment for the affected MMI Participants. In this regard, DTC interest payment) or a changing the rate, Securities. implemented rule changes (‘‘MMI Rule this presents DTC and its Participants As a Participant, an IPA maintains a Changes’’) to the MMI Program to with increased settlement and responsibility to check the accuracy, eliminate risks associated with intra-day operational risk that the Rules where applicable, of all statements and reversals of processed MMI obligations applicable to the MMI Program have reports received from DTC and to notify to prevent the possibility that a reversal been designed to mitigate. In the case of DTC of any discrepancies.19 DTC relies, could override risk controls and a change in Event Date once that date 12 among other things, upon the duty of heighten settlement risk. has arrived, because the MMI System Participants and other authorized users When an issue is made eligible at would have begun processing the event, to exercise diligence in all aspects of DTC, DTC’s system for processing of effecting the change would require DTC each transaction processed through to manually back the event out of the DTC.20 IPAs receive output and have 10 Pursuant to the Rules, the term (i) ‘‘MMI MMI System and change the Event Date. Issuing Agent’’ means a Participant, acting as an access to reports on DTC’s MMI System issuing agent for an issuer with respect to a In cases where the transaction has been regarding the status of their issues. particular issue for MMI Securities of that issuer, processed, this would require a reversal Failure of Participants to correct errors that has executed such agreements as the of the transaction, involving movement and discrepancies, including those Corporation shall require in connection with the of Securities and reversals of funds participation of such Participant in the MMI relating to data that is provided by them Program in that capacity, and (ii) ‘‘MMI Paying credits and debits to the IPA and for MMI Securities they service, such as Agent’’ means a Participant, acting as a paying Participants holding the affected MMI Event Dates, types and rates, in a timely agent for an issuer with respect to a particular issue Security, that the MMI Rule Change was manner may create undue settlement of MMI Securities of that issuer, that has executed intended to eliminate.18 Any resulting such agreements as the Corporation shall require in and operational risk to DTC and its connection with the participation of such Participants, such as those described 13 Participant in the MMI Program in that capacity. A CUSIP number is the identification number above. See Rule 1, supra note 1. created by the American Banking Association’s Committee on Uniform Security Identification In this regard, adjustments can 11 Eligibility for inclusion in the MMI Program Procedures (CUSIP) to uniquely identify issuers and normally be made by an IPA during the covers Securities that are money market issues of securities and financial instruments. See instruments, which are short-term debt Securities lifecycle of the MMI Security with Committee on Uniform Securities Identification that generally mature 1 to 270 days from their minimal intervention by DTC if the Procedures, available at https://www.aba.com/ original issuance date. MMI Securities include, but about-us/our-story/cusip-securities-identification. adjustment is made prior to an Event are not limited to, commercial paper, banker’s See DTC Underwriting Service Guide Date because the MMI System would acceptances and short-term bank notes and are (‘‘Underwriting Guide’’), available at http:// issued by financial institutions, large corporations, www.dtcc.com/∼/media/Files/Downloads/legal/ or state and local governments. Most MMI positions that would be impacted by the service-guides/Underwriting-Service-Guide.pdf at 6. Securities trade in large denominations (typically, adjustment, reviewing the positions and obligations 14 $250,000 to $50 million) and are purchased by See Underwriting Guide, supra note 13 at 12. of the affected Participants, and effectuating the institutional investors. Eligibility for inclusion in 15 See id at 13. adjustment. Most issues for which adjustments are the MMI Program also covers medium term notes 16 See Settlement Guide, supra note 7 at 46–47. requested have many holders, and the processing of that mature over a longer term. 17 See id at 47. the adjustments causes heightened operational risk 12 See Securities Exchange Act Release No. 79764 18 Tasks involved for DTC to make an adjustment, to DTC and its Participants. (January 9, 2017), 82 FR 4434 (January 13, 2017) may include, but not be limited to, receiving the 19 See Settlement Guide, supra note 7 at 2. (SR–DTC–2016–008). request from the Participant, determining the 20 Id.

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not yet have begun processing the event. input of incorrect information and/or a that is less than the full value of the However, if an IPA does not act to failure to timely reconcile its MMI MMI Securities outstanding for the correct the information for its issue activity, that could result in the IPA CUSIP. prior to an Event Date, DTC would requesting an adjustment that presents Second, events requiring the process the event using the existing settlement and operational risk to DTC modification of the event type would information that was previously entered and its Participants that the MMI Rule cause the IPA for the affected MMI by the IPA in the MMI System.21 Once Change was designed to eliminate, and Security to incur a fee of $7,500 per processing on the Event Date has begun, (ii) encourage IPAs, through CUSIP. This type of adjustment would adjustments require intervention by disincentives, to perform the necessary incur the second highest fee of the three DTC in the form of manual entry of levels of due diligence and operational proposed adjustment fee categories movements of MMI Securities and funds disciplines to fulfill their obligations. because it would typically involve the to effectuate the adjustments. DTC staff The proposed fees would be set on a movement of Securities and funds, must perform a significant amount of sliding scale, categorized by three types though not for the entire outstanding work to input the adjustment and of adjustment requests, that considers amount of the issue, and therefore ensure it settles accurately in a timely the level of settlement risk DTC believes presents potential settlement risk to fashion. Depending on the amount, an an adjustment type presents to DTC and DTC and Participants, although adjustment may have a significant effect its Participants, as described below. potentially less than if a reinstatement on the amount of a Participant’s net First, adjustments requiring position to reverse a full redemption of a settlement balance, presenting reinstatement to reverse a processed Security was required to make the settlement risk and settlement transaction either on Event Date or after requested adjustment. uncertainty to DTC and the Participant. Event Date, would cause the IPA for the Third, events requiring a rate change In addition, the Participant that held an affected MMI Security to incur a fee of and possibly a manual allocation of MMI for which the transaction has been $10,000 per CUSIP. This type of funds relating to the corrected rate processed must be contacted, and adjustment would incur the highest of would cause the IPA for the affected agreement by the Participant to the the three proposed adjustment fee issue to incur a charge of $2,000 per adjustment must be received, prior to amounts because it involves the CUSIP. This type of adjustment would entering the adjustment, which can movement of MMI Securities positions incur the lowest fee amount of the three extend the period of uncertainty relating between an IPA and Participants and proposed adjustment fee categories to settlement of the transaction. the debit of funds previously credited to because it would involve the movement Considering the risks presented by the Participants for the redemption of the of funds, either in the form of an processing of adjustments relating to MMI Securities. This type of adjustment allocation to, or a debit from, MMI Securities as discussed above, DTC presents the highest level of risk as it Participants holding an MMI Security, is proposing to add new fees to the Fee involves the reinstatement of the full and would not involve the movement of Guide to encourage an IPA to position and the debiting of the full MMI Securities. implement practices that promote value of an issue that was previously efficient market behavior, including credited to Participants holding the Proposed Rule Change meeting an IPA’s obligations to issue. This type of adjustment would Pursuant to the proposed rule change, reconcile its activity at DTC and ensure present a higher level of settlement risk the following entries would be added to its accuracy in accordance with the than an adjustment of an event type, the Fee Guide in the Corporate Actions Rules. The fees would be intended to (i) such as an interest payment, that would section 22 under the heading for ‘‘Agent deter behavior by an IPA, such as the typically be for a percentage amount Fees’’:

Amount Fee name ($) Conditions

MMI Position Reinstatement (Maturity Date/Call Date/Payable Date Correction) ...... 10,000 per CUSIP. Event Type Modification (Change of Principal to Interest) ...... 7,500 per CUSIP. Rate Change (Post-Payable) And Manual Allocations ...... 2,000 per CUSIP.

Over the course of the previous two to avoid the need for the late thereunder applicable to a registered years, DTC has discussed with impacted adjustments to their MMI activity. clearing agency. Specifically, DTC Participants the (i) risks associated with believes that this proposal is consistent Implementation Timeframe Participants’ practices with respect to with Sections 17A(b)(3)(D) 23 and MMI processing that results in their The proposed rule change would 17A(b)(3)(F) 24 of the Act and Rule requests to make late adjustments and become effective upon filing with the 17Ad–22(e)(23)(ii),25 as promulgated (ii) proposed fees. While Participants Commission such that the text of the under the Act, for the reasons described have been informed of these risks and Fee Guide would be revised as set forth below. the potential for the fee proposal, and, above. (i) Section 17A(b)(3)(D) of the Act the requests from Participants for late (2) Statutory Basis requires, inter alia, that the Rules adjustments have continued to an extent provide for the equitable allocation of that DTC believes the implementation of DTC believes that this proposal is reasonable dues, fees, and other charges proposed fees is necessary to encourage consistent with the requirements of the among participants.26 For the reasons the Participants to adjust their practices Act and the rules and regulations set forth below, DTC believes that the

21 The terms of an MMI Security, including the MMI System in connection with the issuance 24 15 U.S.C. 78q–1(b)(3)(F). maturity date, redemption dates, and interest rates of the MMI Security, as described above. 25 17 CFR 240.17Ad–22(e)(23)(ii). 22 are established at the time of the Securities See Fee Guide, supra note 5 at 6–8. 26 15 U.S.C. 78q–1(b)(3)(D). issuance, and are entered directly by the IPA into 23 15 U.S.C. 78q–1(b)(3)(D).

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proposed rule change described above settlement obligations by allowing them purposes of the Act, as permitted by would provide for the equitable to (i) allocate funds and Securities Section 17A(b)(3)(I) of the Act.32 The allocation of reasonable dues, fees, and accordingly and (ii) promote their proposal necessary to manage the other charges among participants. ability to satisfy their settlement potential risks posed to the Participants DTC believes that the proposed rule obligations in a timely manner. relating to adjustments, as described change to add new fees as described (iii) Rule 17Ad–22(e)(23)(ii) under the above. The proposal is appropriate above under a new heading ‘‘MMI Act requires DTC to establish, because of the size of the proposed fees Exception Processing Fees’’ would implement, maintain and enforce are tied to the underlying risks provide for the equitable allocation of written policies and procedures associated with adjustment requests, as reasonable fees.27 Each proposed fee reasonably designed to provide described above. Therefore, DTC under this heading would be charged to sufficient information to enable believes that any burden on competition a Participant in accordance with the participants to identify and evaluate the that may be imposed by the proposed types and numbers of MMI-related risks, fees, and other material costs they rule changes would be necessary and adjustments requested by a Participant. incur by participating in DTC.29 DTC appropriate, as permitted by Section In this regard, DTC believes the believes that the proposed rule changes 17A(b)(3)(I) of the Act.33 proposed MMI exception processing with respect to implementing MMI fees would be equitably allocated exception processing fees would help (C) Clearing Agency’s Statement on because each Participant that requests ensure that the pricing structure of the Comments on the Proposed Rule an adjustment relating to an MMI event Fee Guide is well-defined and clear to Change Received From Members, that has reached its Event Date would be Participants. Having a well-defined and Participants or Others charged in accordance with the risk clear Fee Guide would help Participants Written comments relating to this DTC believes that the Participant’s to better understand the fees and help proposed rule change have not been exception processing request presents to provide Participants with increased solicited or received. DTC will notify DTC and its Participants, based on the predictability and certainty regarding the Commission of any written proposed three categories of the fees they incur in participating in comments received by DTC. adjustments and respective fees, as DTC. In this way, DTC believes the described above. Further, DTC believes proposed rule changes to the Fee Guide, III. Date of Effectiveness of the that the proposed fees would be as described above, are consistent with Proposed Rule Change and Timing for reasonable. As discussed above, the Rule 17Ad–22(e)(23)(ii) under the Act, Commission Action proposed fees were designed cited above. The foregoing rule change has become specifically to incentivize Participants effective pursuant to Section (B) Clearing Agency’s Statement on to accurately input information relating 19(b)(3)(A) 34 of the Act and paragraph Burden on Competition to MMI Securities and timely address (f) 35 of Rule 19b–4 thereunder. At any any discrepancies so as to avoid the Impact on Competition. DTC believes time within 60 days of the filing of the risks to DTC and Participants associated that the proposed rule change to add proposed rule change, the Commission with exception processing in this new fees as described above may have summarily may temporarily suspend regard. DTC believes that charging fees an impact on competition, because these such rule change if it appears to the in the amounts as proposed would proposed adjustments could result in a Commission that such action is provide the necessary encouragement to fee increase to Participants for the necessary or appropriate in the public Participants to adjust their own relevant service.30 DTC believes that the interest, for the protection of investors, practices with respect to MMI proposed fees for adjustments to MMI or otherwise in furtherance of the processing so as to avoid (i) the risks processing requested by Participants purposes of the Act. discussed above to DTC and its could create a burden on competition by Participants associated with late MMI negatively affecting such Participants’ IV. Solicitation of Comments adjustment processing and (ii) incurring operating costs. However, DTC believes Interested persons are invited to the proposed fees. that the burden on competition would submit written data, views and 28 (ii) Section 17A(b)(3)(F) of the Act not be significant and would be arguments concerning the foregoing, requires, inter alia, that the Rules necessary and appropriate in including whether the proposed rule provide for the prompt and accurate furtherance of the purposes of the Act, change is consistent with the Act. clearance and settlement of securities as permitted by Section 17A(b)(3)(I) of Comments may be submitted by any of transactions by DTC. DTC believes that the Act.31 the following methods: the proposed MMI exception processing Burden on Competition Would Not Be fees, as described above, would provide Significant. DTC believes that any Electronic Comments for the prompt and accurate clearance burden on competition that may be • Use the Commission’s internet and settlement of securities imposed by the proposed fees for comment form (http://www.sec.gov/ transactions, because DTC believes it adjustments would be insignificant rules/sro.shtml); or would encourage IPAs to make timely because a Participant can avoid the fee • Send an email to rule-comments@ adjustments to MMI issues they are by submitting adjustments before an sec.gov. Please include File Number SR– responsible for, and avoid unexpected Event Date for a given Security. DTC–2021–001 on the subject line. transactions that reverse payments and Burden on Competition Would Be Securities movements associated with Necessary and Appropriate. DTC Paper Comments MMI transactions that are subject to an believes that any burden on competition • Send paper comments in triplicate adjustment on or after the relevant that is created by the proposed fees for to Vanessa Countryman, Secretary, Event Date, Therefore, the proposed rule MMI adjustments would be necessary Securities and Exchange Commission, change would enhance certainty for and appropriate in furtherance of the Participants with respect to their 32 15 U.S.C. 78q–1(b)(3)(I). 29 17 CFR 240.17Ad–22(e)(23)(ii). 33 Id. 27 Id. 30 15 U.S.C. 78q–1(b)(3)(I). 34 15 U.S.C 78s(b)(3)(A). 28 15 U.S.C. 78q–1(b)(3)(F). 31 Id. 35 17 CFR 240.19b–4(f).

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100 F Street NE, Washington, DC SECURITIES AND EXCHANGE the most significant aspects of such 20549–1090. COMMISSION statements. All submissions should refer to File [Release No. 34–91096; File No. SR– A. Self-Regulatory Organization’s Number SR–DTC–2021–001. This file NASDAQ–2021–004] Statement of the Purpose of, and number should be included on the Statutory Basis for, the Proposed Rule Self-Regulatory Organizations; The subject line if email is used. To help the Change Nasdaq Stock Market LLC; Notice of Commission process and review your Filing of Proposed Rule Change To 1. Purpose comments more efficiently, please use Disseminate Abbreviated Order In July 2017 the Exchange enhanced only one method. The Commission will Imbalance Information, Amend Certain the Nasdaq Closing Cross (‘‘Closing post all comments on the Commission’s Cutoff Times for On-Open Orders Cross’’) process by allowing customers internet website (http://www.sec.gov/ Entered gor Participation in the to enter Limit-On-Close (‘‘LOC’’) orders rules/sro.shtml). Copies of the Nasdaq Opening Cross and Extend the after the first Net Order Imbalance submission, all subsequent Time Period for Accepting Certain Indicator is disseminated.3 These amendments, all written statements Limit On-Open Orders enhancements were designed to with respect to the proposed rule encourage greater participation and change that are filed with the February 10, 2021. interaction opportunities within the Commission, and all written Pursuant to Section 19(b)(1) of the Nasdaq Closing Cross process and communications relating to the Securities Exchange Act of 1934 support stability in the price discovery 1 2 proposed rule change between the (‘‘Act’’), and Rule 19b–4 thereunder, process. In March 2019, the Exchange Commission and any person, other than notice is hereby given that on February continued to further improve price 3, 2021, The Nasdaq Stock Market LLC those that may be withheld from the discovery in the Nasdaq Closing Cross (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the public in accordance with the process by creating an Early Order Securities and Exchange Commission provisions of 5 U.S.C. 552, will be Imbalance Indicator (‘‘EOII’’) comprised (‘‘Commission’’) the proposed rule available for website viewing and of certain Net Order Imbalance Indicator change as described in Items I and II (‘‘NOII’’) information that would printing in the Commission’s Public below, which Items have been prepared Reference Room, 100 F Street NE, disseminate ten minutes prior to the by the Exchange. The Commission is market close.4 In conjunction with the Washington, DC 20549, on official publishing this notice to solicit adoption of an EOII, in August 2019, the business days between the hours of comments on the proposed rule change Exchange also expanded the order entry 10:00 a.m. and 3:00 p.m. Copies of such from interested persons. submission time for LOC orders to allow filing also will be available for I. Self-Regulatory Organization’s entries after 3:55 p.m. Eastern Time (all inspection and copying at the principal times noted hereafter are Eastern Time) office of DTC and on DTCC’s website Statement of the Terms of Substance of the Proposed Rule Change and established a second reference price (http://dtcc.com/legal/sec-rule- for late LOC orders.5 The Exchange did filings.aspx). The Exchange proposes to (i) not receive public comments regarding disseminate abbreviated order All comments received will be posted any of its enhancements to the Closing imbalance information prior to the without change. Persons submitting Cross process. Given the improvements dissemination of the Order Imbalance in stability and the price discovery comments are cautioned that we do not Indicator, (ii) amend certain cutoff times redact or edit personal identifying process of the Closing Cross, the for on-open orders entered for Exchange is proposing similar changes information from comment submissions. participation in the Nasdaq Opening You should submit only information to the Nasdaq Opening Cross (‘‘Opening Cross and (iii) extend the time period Cross’’).6 that you wish to make available for accepting certain Limit On Open The Opening Cross is Nasdaq’s publicly. Orders. process for matching orders at the All submissions should refer to File The text of the proposed rule change launch of regular trading hours and is Number SR–DTC–2021–001 and should is available on the Exchange’s website at open to all System Securities.7 The be submitted on or before March 10, https://listingcenter.nasdaq.com/ Opening Cross was designed to create a 2021. rulebook/nasdaq/rules, at the principal robust open that allows for efficient office of the Exchange, and at the price discovery through a transparent For the Commission, by the Division of Commission’s Public Reference Room. automated auction process. Currently, Trading and Markets, pursuant to delegated beginning at 4:00 a.m. ET, Nasdaq authority.36 II. Self-Regulatory Organization’s J. Matthew DeLesDernier, Statement of the Purpose of, and Statutory Basis for, the Proposed Rule 3 See Securities Exchange Act Release No. 81188 Assistant Secretary. (July 21, 2017), 82 FR 35014 (July 27, 2017) Change (NASDAQ–2017–061); see also Securities Exchange [FR Doc. 2021–03090 Filed 2–16–21; 8:45 am] In its filing with the Commission, the Act Release No. 81556 (September 8, 2017), 82 FR BILLING CODE 8011–01–P 43264 (September 14, 2017) (NASDAQ–2017–061). Exchange included statements 4 See Securities Exchange Act Release No. 85292 concerning the purpose of and basis for (March 12, 2019), 84 FR 9848 (March 18, 2019) the proposed rule change and discussed (NASDAQ–2019–010). any comments it received on the 5 See Securities Exchange Act Release No. 86642 (August 13, 2019), 84 FR 42964 (August 19, 2019) proposed rule change. The text of these (NASDAQ–2019–064). statements may be examined at the 6 See Equity 4, Rule 4752. places specified in Item IV below. The 7 The term ‘‘System Securities’’ shall mean (1) all Exchange has prepared summaries, set securities listed on Nasdaq and (2) all securities forth in sections A, B, and C below, of subject to the Consolidated Tape Association Plan and the Consolidated Quotation Plan except securities specifically excluded from trading via a 1 15 U.S.C. 78s(b)(1). list of excluded securities posted on 36 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. www.nasdaqtrader.com. Equity 1, Section 1.

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accepts Market On Open (‘‘MOO’’) and Early Market Hours Orders 12 and Reference price, (3) any imbalance size, Orders 8 and Limit On Open (‘‘LOO’’) information about the price at which and (4) any imbalance direction. The Orders 9 executable for the Opening those orders would execute at the time Exchange is also proposing to Cross until immediately prior to 9:28 of dissemination.13 MOO, LOO and OIO disseminate the EOII data every 10 a.m. Nasdaq also begins accepting orders are on-open order types that are seconds. executable only during the Opening Opening Imbalance Only (‘‘OIO’’) The Exchange believes that an early Orders 10 for the Opening Cross Cross. Specifically, the NOII consists of: release of a subset of the NOII data beginning at 4:00 a.m. until the time of (1) The Current Reference Price; 14 (2) would offer participants additional time execution of the Opening Cross. At 9:28 the number of shares represented by and flexibility to react to imbalance a.m., Nasdaq begins to disseminate by MOO, LOO, OIO, and Early Market electronic means an Order Imbalance Hours that are paired at the Current information in advance of the 9:28 a.m. Indicator (also known as the ‘‘Net Order Reference Price; (3) the size of any Opening Cross cutoff time (the ‘‘Cutoff’’) Imbalance Indicator’’ or ‘‘NOII’’) every Imbalance; 15 (4) the buy/sell direction and aid them in making informed second until market open.11 Nasdaq of any Imbalance; and (5) the indicative decisions about whether and how to initiates an Opening Cross in all System prices 16 at which the Nasdaq Opening participate in the Opening Cross. In Securities for which there are orders Cross would occur if the Nasdaq other words, early dissemination of the that will execute against contra-side Opening Cross were to occur at that Current Reference Price, the number of orders at 9:30 a.m., at which time the time and the percent by which the paired shares at that price, any opening book and the Nasdaq indicative prices are outside the then imbalance size, and any imbalance continuous book are brought together to current Nasdaq Market Center best bid direction would help participants to create single Nasdaq opening prices for or best offer, whichever is closer.17 The make informed decisions as to whether, System Securities. NOII is useful because it helps how, and at what prices they may Nasdaq is proposing to (i) establish an participants to identify at what price interact with other orders in the Early Order Imbalance Indicator and size the Opening Cross will Opening Cross. For example, if Nasdaq (‘‘EOII’’) for the Opening Cross, (ii) commence, as well as the number of released an EOII indicating that a buy amend certain cutoff times for on-open shares required to offset any order imbalance exists for a particular symbol, orders entered for participation in the imbalances to optimize an auction. a participant could act on that Opening Cross and (iii) extend the time Nasdaq is proposing new Equity 4, information in advance of the Opening period for accepting certain LOOs, as Rule 4752(a)(1) and Equity 4, Rule Cross Cutoff time to offset the imbalance discussed in further detail below. 4752(d)(1) to establish an EOII that with the full suite of Nasdaq on-open would commence disseminating Establishment of an EOII order options, while also providing information at 9:25 a.m. until the NOII additional liquidity in the Opening Currently, Nasdaq provides begins to disseminate at 9:28 a.m. The Cross. In addition, participants may transparency into its Opening Cross proposed EOII data will comprise of (1) continue to enter certain LOO and OIO the Current Reference Price, (2) the auction via the NOII. The NOII is a orders after 9:28 a.m. ET, which allows number of shares represented by MOO, message disseminated by electronic participants to consider information in LOO OIO and Early Market Hours means containing information about the EOII in making informed decisions orders that are paired at the Current MOO orders, LOO orders, OIO orders, about whether and how to participate in the Opening Cross. Nasdaq believes the 8 A ‘‘Market On Open Order’’ or ‘‘MOO Order’’ is 12 Market Hours Orders shall be designated as an Order Type entered without a price that may be ‘‘Early Market Hours Orders’’ if entered into the EOII will also enhance price discovery executed only during the Opening Cross. Subject to system prior to 9:28 a.m. and shall be treated as and liquidity by attracting more certain qualifications, MOO Orders may be entered, MOO and LOO, as appropriate, for the purposes of participants to the Nasdaq Opening cancelled, and/or modified between 4 a.m. ET and the Opening Cross. See Equity 4, Rule 4752(a)(7). Cross, which establishes the Nasdaq immediately prior to 9:28 a.m. ET. An MOO Order 13 See Equity 4, Rule 4752(a)(2). may not be cancelled or modified at or after 9:28 14 Pursuant to Equity 4, Rule 4752(a)(2), the Official Opening Price for a security. a.m. ET. An MOO Order shall execute only at the ‘‘Current Reference Price’’ means the following: (i) However, the Exchange believes that an price determined by the Opening Cross. See Equity The single price that is at or within the current early release of the NOII should exclude 4, Rule 4702(b)(8)(A). Nasdaq Market Center best bid and offer at which indicative prices, including Near and 9 the maximum number of shares of MOO, LOO, OIO, A ‘‘Limit On Open Order’’ is an Order Type 18 entered with a price that may be executed only in and Early Market Hours orders can be paired; (ii) Far Clearing Prices. Because the Opening Cross, and only if the price determined if more than one price exists under (i), the Current participants may freely enter new orders by the Opening Cross is equal to or better than the Reference Price shall mean the price that minimizes that contribute to price discovery prior price at which the LOO Order was entered. Subject any Imbalance; (iii)) if more than one price exists to the Opening Cross Cutoff, indicative to certain qualifications, LOO Orders may be under (ii), the Current Reference Price shall mean entered, cancelled, and/or modified between 4 a.m. the entered price at which shares will remain prices may change more substantially ET and immediately prior to 9:28 a.m. ET. See unexecuted in the cross; and (iv) if more than one than after the Cutoff. Nasdaq believes Equity 4, Rule 4702(b)(9)(A). price exists under (iii), the Current Reference Price that the exclusion of the Near and Far 10 shall mean the price that minimizes the distance An ‘‘Opening Imbalance Only Order’’ or ‘‘OIO Clearing Prices will enhance stability in Order’’ is an Order Type entered with a price that from the bid-ask midpoint of the inside quotation may be executed only in the Opening Cross and prevailing at the time of the order imbalance the Opening Cross process because it only against MOO Orders, LOO Orders, or Early indicator dissemination. will reduce the possibility of large Market Hours Orders (as defined in Equity 4, Rule 15 An ‘‘Imbalance shall mean the number of indicative price movements during the 4752). OIO Orders may be entered between 4:00 shares of buy or sell MOO, LOO or Early Market a.m. ET until the time of execution of the Opening Hours orders that may not be matched with other early moments of the price formation Cross, but may not be cancelled or modified at or MOO, LOO, Early Market Hours, or OIO order after 9:28 a.m. ET. If the entered price of an OIO shares at a particular price at any given time. See 18 ‘‘Near Clearing Price’’ shall mean the price at Order to buy (sell) is higher than (lower than) the Equity 4, Rule 4752(a)(2). which both the MOO, LOO, OIO, and Early Market highest bid (lowest offer) on the Nasdaq Book, the 16 The indicative prices shall be the Near Clearing Hours orders and Open Eligible Interest in the price of the OIO Order will be modified repeatedly Price and Far Clearing Price (as defined in footnote Nasdaq Market Center would execute. See Equity 4, to equal the highest bid (lowest offer) on the Nasdaq 18 below). If marketable shares would remain Rule 4752(a)(2)(E)(i). ‘‘Far Clearing Price’’ shall Book; provided, however, that the price of the unexecuted above or below the Near Clearing Price mean the price at which the MOO, LOO, OIO, and Order will not be moved beyond its stated limit or Far Clearing Price, Nasdaq shall disseminate an Early Market Hours orders in the Nasdaq Opening price. See Equity 4, Rule 4702(b)(10)(A). indicator for ‘‘market buy’’ or ‘‘market sell’’. Book would execute. See Equity 4, Rule 11 See Equity 4, Rule 4752(d)(1). 17 See Equity 4, Rule 4752(a)(2). 4752(a)(2)(E)(ii).

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process.19 Additionally, the Exchange Opening Reference Price will be the down if there is a sell imbalance.22 The believes disseminating the EOII data offering price. The Exchange is using default configuration for participants every 10 seconds provides participants the Nasdaq Official Closing Price as the that do not specify otherwise will be to more time to digest the information and First Opening Reference Price because have such LOO Orders re-priced rather enter MOO, LOO and OIO orders in the Nasdaq Official Closing price is a than rejected. The Exchange believes between dissemination periods. well-defined benchmark for the that the repricing of LOO orders entered Whereas after the Opening Cross Cutoff, security’s market price that serves as the after the Opening Cross Cutoff is participants face order restrictions and most relevant price of a security at or designed to reduce order imbalances time pressures that render more before Regular Trading Hours. The and volatility for securities that frequent refreshes of the NOII critical to Second Opening Reference Price shall participate in the Opening Cross. guiding their decisions, such order mean the Current Reference Price in the The Exchange believes that allowing restrictions and time pressures do not Order Imbalance Indicator disseminated Late LOO orders to be priced at the exist, or are less acute, prior to the at 9:28 a.m. ET. The Exchange is more aggressive of the two reference Opening Cross Cutoff. proposing to use the Current Reference prices will provide flexibility to market Establishment of the EOII will not Price in the NOII disseminated at 9:28 participants by allowing participants to affect the Cutoff for entering MOO or a.m. as the Second Opening Reference consider information in both the EOII LOO orders.20 However, a participant Price because it is consistent with the and NOII within the context of the may no longer cancel or modify an Exchange’s functionality with respect to previous day’s Nasdaq Official Closing Price or consolidated closing price to MOO, LOO or OIO order once the the Closing Cross and Late Limit On facilitate informed decisions about Exchange commences dissemination of Close Orders, and is intended to whether and how to participate in the the EOII. Therefore, the Exchange is promote price stability of the Opening Opening Cross. proposing to amend the time period for Cross. cancelling or modifying MOO, LOO or Additional Conforming and Non- OIO orders from 9:28 a.m. to 9:25 a.m. Additionally, the Exchange is proposing to revise Equity 4, Rule Substantive Changes Change to LOO Orders 4702(b)(9)(A) to permit the entry of LOO The Exchange is proposing to amend Currently, pursuant to Equity 4, Rule orders until 9:29:30 a.m., provided that Equity 4, Rule 4702(b)(9)(B) to clarify the security has a First Opening that an Opening Cross/Market Hours 4702(b)(9)(A), LOO orders may be 23 executed only in the Opening Cross, and Reference Price or a Second Opening Order, with a Time-in-Force other Reference Price. The Exchange also than Immediate or Cancel,24 entered only if the price determined by the 25 Opening Cross is equal to or better than proposes to reject any LOO Orders between 9:29:30 a.m. and the time of the price at which the LOO Order was entered after 9:29:30 a.m. ET that is the Nasdaq Opening Cross, (i) held and entered into the System after the entered. Subject to certain designated as an IOC. The proposed rule completion of the Nasdaq Opening qualifications, LOO orders may be would also prevent an LOO Order from Cross if it has been assigned a Pegging entered, cancelled, and/or modified being cancelled or modified at or after Attribute or Routing Attribute, (ii) between 4 a.m. and immediately prior to 9:25 a.m. However, the Exchange treated as an Opening Imbalance Only commencement of the NOII believes that allowing the entry of Order and entered into the System after dissemination at 9:28 a.m.21 eligible LOO Orders after the Opening the completion of the Nasdaq Opening The Exchange is proposing to Cross Cutoff will enhance the price Cross if entered through RASH, QIX, or establish a First Opening Reference discovery and liquidity of a security in FIX but not assigned a Pegging Attribute Price and a Second Opening Reference the Opening Cross, which establishes or Routing Attribute, or (iii) treated as Price through Equity 4, Rules 4753(a)(8) the Nasdaq Official Opening Price for a security. Also, the Exchange is and (9), respectively. The First Opening 22 The Exchange proposes to use natural rounding Reference Price shall mean the previous proposing that an LOO Order entered when there is no imbalance. When there is an day’s Nasdaq Official Closing Price of between 9:28 a.m. ET and 9:29:30 a.m. imbalance the Exchange will round such that more the security for Nasdaq-listed securities ET would be accepted at its limit price, offsetting interest can participate. Thus, where there unless its limit price is higher (lower) is a buy imbalance the Exchange will round the or the consolidated closing price to First Opening Reference Price or Second Opening cover non-Nasdaq-listed securities. For than the higher (lower) of the First Reference Price up to allow more sell interest to new Exchange Traded Products that do Opening Reference Price and the participate, and when there is a sell imbalance the not have a Nasdaq Official Closing Price Second Opening Reference Price for an Exchange will round the First Opening Reference Price or Second Opening Reference Price down to or a consolidated closing price, the First LOO Order to buy (sell), in which case allow more buy interest to participate. For example, the LOO Order would be handled if there is a sell imbalance, a First Opening 19 The Exchange is including the Current consistent with the participant’s Reference Price of $10.015 would be rounded down Reference Price as it represents the Nasdaq best bid instruction that the LOO Order is to be: to $10.01. Re-pricing based on a price of $10.01 and best offer at the time of dissemination and is would allow additional buy orders to offset the sell used to calculate any imbalance direction and (1) Rejected; or (2) re-priced to the imbalance at that price when they may be excluded imbalance size. Providing this information in the higher (lower) of the First Opening at a price of $10.02. EOII data increases the transparency of the Reference Price and the Second 23 The ‘‘Time-in-Force’’ assigned to an Order information and will allow participants to provide Opening Reference Price, provided that means the period of time that the Nasdaq Market additional orders to improve the price discovery Center will hold the Order for potential execution. process in the opening auction. if either the First Opening Reference Participants specify an Order’s Time-in-Force by 20 However, as discussed below, the Exchange is Price or the Second Opening Reference designating a time at which the Order will become separately proposing to allow late LOO Orders to Price is not at a permissible minimum active and a time at which the Order will cease to be entered after 9:28 a.m. Moreover, unlike MOO increment, the First Opening Reference be active. See Equity 4, Rule 4703(a). and LOO Orders, OIO Orders may be entered until 24 By definition, Opening Cross/Market Hours the time of execution of the Opening Cross. See Price or the Second Opening Reference Orders have a Time-In-Force other than IOC, Equity 4, Rule 4702(b)(10)(A). Price, as applicable, will be rounded (i) therefore, this is a clarifying, non-substantive 21 As indicated throughout this filing, Market to the nearest permitted minimum change. Hours Orders entered between 9:28 a.m. and increment (with midpoint prices being 25 The Exchange is proposing to replace 9:28 a.m. 9:29:30 a.m. will be treated as late LOO orders, if rounded up) if there is no imbalance, (ii) with 9:29:30 a.m. as a conforming change because applicable and rejected as MOO orders, if as discussed above, the Exchange is proposing to applicable. up if there is a buy imbalance, or (iii) allow LOO orders to be entered until 9:29:30 a.m.

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an Opening Imbalance Only Order and objectives of Section 6(b)(5) of the Act,29 prohibitions for its Closing Cross cancelled after the Nasdaq Opening in particular, in that it is designed to process. Cross if entered through OUCH or promote just and equitable principles of Additionally, extending the time for FLITE. An Opening Cross/Market Hours trade, to remove impediments to and members to submit LOO orders will Order entered through RASH or FIX perfect the mechanism of a free and increase participation in the Opening after the time of the Nasdaq Opening open market and a national market Cross as well as allow participants to Cross will be accepted but the Nasdaq system, and, in general to protect retain control over their orders for a Opening Cross flag will be ignored.26 investors and the public interest. As the longer period of time, thereby assisting The Exchange is also removing language equities markets continue to evolve and those market participants in managing from Equity 4, Rule 4702(b)(9)(B) become more efficient and automated, explaining that a Routable Order flagged the Exchange believes that in some ways their trading at the open. Moreover, to participate in the Nasdaq Opening the current on-open order entry process repricing eligible LOO Orders entered Cross with a Time-in-Force other than is restrictive to market participants that after the 9:28 a.m. cutoff time is IOC and entered at or after 9:28 a.m. wish to participate in the Nasdaq reasonable and equitable because will be held and entered into the System Opening Cross. Similar to the changes repricing is designed to enhance price after the Nasdaq Opening Cross. The made to the closing auction,30 the discovery and stability while reducing Exchange believes that this language is Exchange believes that the proposed order imbalances by allowing more duplicative to language already changes will give participants price forming orders that are priced no discussed in Equity 4, Rule additional methods of contributing to more aggressively than the First and 4702(b)(9)(B) and is therefore, proposing price discovery while still allowing Second Opening Reference Prices to to remove the language. The Exchange participants to react to and offset offset imbalances and to participate in is also proposing to exclude LOO Orders Imbalances. the Opening Cross. from being rejected and to add that In particular, the proposal to establish Moreover, the Exchange believes it is certain LOO Orders will not be rejected the EOII will provide participants with reasonable to clarify in Equity 4, Rule if entered after 9:28 a.m. This proposed additional information for price 4702(b)(9)(B) that the treatment of an change conforms with the proposed discovery, which increases market Opening Cross/Market Hours Order that change to allow LOO orders to be transparency and the price discovery has a Time-in-Force other than IOC and entered until 9:29:30 a.m. process of the Opening Cross to the is entered between 9:29:30 a.m. and the Additionally, the Exchange is benefit of members and investors that commencement of the Opening Cross, in proposing to renumber certain participate in the Opening Cross. addition to clarifying that certain LOO provisions of Equity 4, Rule 4752 to Furthermore, limiting the EOII data is Orders will not be rejected after 9:28 conform with the new definitions added reasonable because as discussed above, a.m., because these are conforming to the section. Finally, the Exchange is it will reduce the possibility of large changes.31 The changes to the Market making a non-substantive change to the indicative price movements during the Hours Orders in Equity 4, Rule Market Hours Orders definition in early moments of the price formation 4752(a)(7) are also conforming changes Equity 4, Rule 4752(a)(7) to use the process. The EOII will also enhance the to the proposed change of allowing the defined terms throughout the price discovery and liquidity of a entry of Late LOO Orders. Exchange’s rulebook. The Exchange is security by providing additional time also making a conforming change to and flexibility for participants to react to B. Self-Regulatory Organization’s Equity 4, Rule 4752(a)(7) to indicate that imbalance information and therefore Statement on Burden on Competition Market Hours Orders entered into the increasing the number of participants in System at 9:29:30 a.m. ET 27 or after the Nasdaq Opening Cross, which The Exchange does not believe that with an Time-in-Force other than an establishes the Nasdaq Official Opening the proposed rule change will impose IOC shall be designated as ‘‘Late Market Price for a security. Additionally, the any burden on competition not Hours Orders.’’ The Exchange is also Exchange believes that disseminating necessary or appropriate in furtherance making a conforming change to that rule the EOII at 10 second intervals is of the purposes of the Act. Rather, the to indicate that beginning at 9:25 a.m., reasonable because it strikes the right Exchange believes that the proposed requests to cancel or modify Market balance between conveying material rule change is evidence of the Hours Orders will be suspended until changes in imbalance information prior competitive forces in the equities after completion of the Opening Cross at to the Opening Cross Cutoff time and markets insofar as the establishment of which time such requests shall be avoiding excessive messaging traffic. the EOII is designed to render the processed, to the extent that such orders Furthermore, the Exchange has Opening Cross more transparent and remain available within the System. established a similar EOII for the flexible, as well as more attractive to Lastly, the Exchange is abbreviating Closing Cross. participants. Additionally, the proposed the terms ‘‘market-on-open’’ and ‘‘limit- The Exchange also believes that it is EOII and the extended time period to on-open’’ to conform with terms used in reasonable to prohibit cancellation or enter LOO Orders will be equally Rule 4752. modification of MOO, LOO and OIO available to all participants. Moreover, 2. Statutory Basis orders, while allowing the entry of these the proposed changes will equally affect orders, after 9:25 a.m. in order to The Exchange believes that its all participants using MOO, LOO and enhance stability in the Opening Cross OIO orders. proposal is consistent with Section 6(b) process by reducing the possibility of of the Act,28 in general, and furthers the large indicative price movements due to 31 The Exchange is also proposing to delete participants cancelling or modifying language in Equity 4, Rule 4702(b)(9)(B) stating that 26 The Nasdaq Book is a montage for quotes and orders in reaction to the EOII. The ‘‘[a] Routable Order flagged to participate in the orders that collects and ranks all quotes and orders Exchange has established similar Nasdaq Opening Cross with a Time-in-Force other submitted by Participants. Equity 4, Rule 4701(a)(1). than IOC and entered at or after 9:28 a.m. will be 27 This time is a proposed update from the held and entered into the System after the Nasdaq previous time of 9:28 a.m. 29 15 U.S.C. 78f(b)(5). Opening Cross’’ because this language is 28 15 U.S.C. 78f(b). 30 See supra n. 4–5. duplicative to similar language in the same Rule.

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C. Self-Regulatory Organization’s available for website viewing and Hearing requests should be received by Statement on Comments on the printing in the Commission’s Public the Commission by 5:30 p.m. on March Proposed Rule Change Received From Reference Room, 100 F Street NE, 8, 2021 and should be accompanied by Members, Participants, or Others Washington, DC 20549 on official proof of service on the Applicants, in No written comments were either business days between the hours of the form of an affidavit, or, for lawyers, a certificate of service. Pursuant to rule solicited or received. 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for 0–5 under the Investment Company Act III. Date of Effectiveness of the inspection and copying at the principal of 1940 (‘‘Act’’), hearing requests should Proposed Rule Change and Timing for office of the Exchange. All comments state the nature of the writer’s interest, Commission Action received will be posted without change. any facts bearing upon the desirability Within 45 days of the date of Persons submitting comments are of a hearing on the matter, the reason for publication of this notice in the Federal cautioned that we do not redact or edit the request, and the issues contested. Register or within such longer period personal identifying information from Persons who wish to be notified of a up to 90 days (i) as the Commission may comment submissions. You should hearing may request notification by designate if it finds such longer period submit only information that you wish emailing to the Commission’s Secretary at [email protected]. to be appropriate and publishes its to make available publicly. All reasons for so finding or (ii) as to which submissions should refer to File ADDRESSES: The Commission: the self-regulatory organization Number SR–NASDAQ–2021–004, and [email protected]. Applicants: consents, the Commission will: should be submitted on or before March [email protected]. (A) By order approve or disapprove 10, 2021. FOR FURTHER INFORMATION CONTACT: the proposed rule change, or For the Commission, by the Division of Marc Mehrespand, Senior Counsel; (B) institute proceedings to determine Trading and Markets, pursuant to delegated Trace W. Rakestraw, Branch Chief, at whether the proposed rule change authority.32 (202) 551–6825 (Division of Investment should be disapproved. J. Matthew DeLesDernier, Management, Chief Counsel’s Office). Assistant Secretary. SUPPLEMENTARY INFORMATION: The IV. Solicitation of Comments [FR Doc. 2021–03089 Filed 2–16–21; 8:45 am] following is a summary of the Interested persons are invited to BILLING CODE 8011–01–P application. The complete application submit written data, views, and may be obtained via the Commission’s arguments concerning the foregoing, website by searching for the file including whether the proposed rule SECURITIES AND EXCHANGE number, or for an applicant using the change is consistent with the Act. COMMISSION Company name box, at http:// www.sec.gov/search/search.htm or by Comments may be submitted by any of [Investment Company Act Release No. the following methods: 34194; 812–15162] calling (202) 551–8090. Electronic Comments I. Introduction Blue Tractor ETF Trust and Blue • Use the Commission’s internet Tractor Group, LLC 1. On December 10, 2019, the comment form (http://www.sec.gov/ Commission issued an order (‘‘Prior rules/sro.shtml); or February 10, 2021. Order’’) 1 under section 6(c) of the Act • Send an email to rule-comments@ AGENCY: Securities and Exchange for an exemption from sections 2(a)(32), sec.gov. Please include File Number SR– Commission (‘‘Commission’’). 5(a)(1), 22(d), and 22(e) of the Act and NASDAQ–2021–004 on the subject line. ACTION: Notice of an application to rule 22c–1 under the Act, under amend a prior order for exemptive sections 6(c) and 17(b) of the Act for an Paper Comments relief. exemption from sections 17(a)(1) and • Send paper comments in triplicate 17(a)(2) of the Act, and under section to Secretary, Securities and Exchange SUMMARY OF APPLICATION: Applicants 12(d)(1)(J) of the Act for an exemption Commission, 100 F Street NE, request an order (‘‘Amended Order’’) from sections 12(d)(1)(A) and Washington, DC 20549–1090. that would amend a prior order to 12(d)(1)(B) of the Act.2 The Prior Order All submissions should refer to File permit the Funds, as defined below, to permitted Applicants to introduce a novel type of actively-managed Number SR–NASDAQ–2021–004. This use Creation Baskets (as defined below) file number should be included on the that include instruments that are not included, or are included with different 1 See Blue Tractor ETF Trust and Blue Tractor subject line if email is used. To help the Group, LLC, Investment Company Act Release No. Commission process and review your weightings, in the Fund’s Dynamic SSR 33682 (Nov. 14, 2019) (notice) and Investment comments more efficiently, please use Portfolio (as defined below). Company Act Release No. 33710 (Dec. 10, 2019) only one method. The Commission will APPLICANTS: Blue Tractor ETF Trust and (order). Except as specifically noted in the Blue Tractor Group, LLC. application, all representations and conditions post all comments on the Commission’s contained in the application previously submitted internet website (http://www.sec.gov/ FILING DATES: The application was filed with the Commission (File No. 812–14625), as rules/sro.shtml). Copies of the on September 18, 2020, and amended amended and restated, and filed with the on January 19, 2021. Commission on October 23, 2019 (the ‘‘Prior submission, all subsequent Application’’) remain applicable to the operation of amendments, all written statements HEARING OR NOTIFICATION OF HEARING: the Funds and will apply to any Funds relying on with respect to the proposed rule An order granting the requested relief the Amended Order. change that are filed with the will be issued unless the Commission 2 The relief granted in the Prior Order under Commission, and all written section 12(d)(1)(J) of the Act for an exemption from orders a hearing. Interested persons may sections 12(d)(1)(A) and 12(d)(1)(B) of the 1940 Act communications relating to the request a hearing by emailing the (the ‘‘Section 12(d)(1) Relief’’), and relief under proposed rule change between the Commission’s Secretary at Secretarys- sections 6(c) and 17(b) of the Act for an exemption Commission and any person, other than [email protected] and serving Applicants from sections 17(a)(1) and 17(a)(2) of the Act relating to the Section 12(d)(1) Relief, will expire those that may be withheld from the with a copy of the request by email. one year from the effective date of rule 12d1–4. See public in accordance with the Fund of Funds Arrangements, Investment Company provisions of 5 U.S.C. 552, will be 32 17 CFR 200.30–3(a)(12). Act Rel. No. 10871 (Oct. 7, 2020), at III.

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exchange-traded fund (‘‘ETF’’) that is Day’s Dynamic SSR Portfolio other than policy concerns about reverse not required to disclose its full portfolio with respect to cash. engineering of a Fund’s portfolio, self- holdings on a daily basis (each, a 5. Applicants represent that, for dealing or overreaching, or selective ‘‘Fund’’). Rather, pursuant to the Prior portfolio management or other reasons, disclosure beyond those concerns Order, each Business Day 3 a Fund the Funds may determine that it is addressed in connection with the Prior publishes a basket of securities and cash desirable to use Creation Baskets that Order. that, while different from the Fund’s differ from the Dynamic SSR Portfolio 10. Reverse Engineering. Applicants portfolio, is designed to closely track its (beyond cash substitutions). For acknowledge that, by using a Creation daily performance (the ‘‘Dynamic SSR example, a Fund may want to use a Basket that includes instruments that Portfolio’’). Creation Basket that contains are not included in a Fund’s Dynamic 2. Pursuant to the Prior Order, a Fund instruments that are not included in a SSR Portfolio, or are included in sells and redeems its shares (‘‘Shares’’) Fund’s Dynamic SSR Portfolio if the different percentages, and by publishing only in Creation Units and generally on Adviser or Sub-Adviser seeks to add an such Creation Basket on its website, the an in-kind basis. Purchasers are instrument to the Fund’s Actual Fund would provide market required to purchase Creation Units by Portfolio) without incurring transaction participants with additional information making a deposit of Deposit Instruments costs associated with the purchase of about which instruments it adds or and shareholders redeeming their the instrument for cash. Similarly, if the removes from the Fund’s Actual Shares receive a transfer of Redemption Adviser or Sub-Adviser decides to sell Portfolio. However, Applicants Instruments.4 Under the Prior Order, the an instrument from a Fund’s Actual represent that they will operate the names and quantities of the instruments Portfolio, the instrument may be Funds in a manner designed to that constitute the Deposit Instruments included in a Creation Basket with the minimize the risk of reverse engineering and the Redemption Instruments for a expectation that the Fund will deliver it and, for the reasons set forth in the Fund (collectively, the ‘‘Creation in-kind during a redemption application, believe successful front- Basket’’) are the same as the Fund’s transaction. running or free-riding is highly unlikely. Dynamic SSR Portfolio, except to the 6. The Funds will use the requested 11. Self-Dealing or Overreaching. extent purchases and redemptions are basket flexibility only in circumstances Applicants state that authorized made entirely or in part on a cash basis. under which Applicants believe there participants and other market 3. Applicants now seek to amend the will be no harm to the Funds or their participants will not have the ability to Prior Order to, in effect, give the Funds shareholders, and in order to benefit the disadvantage the Funds by the same flexibility with respect to Funds and their shareholders by manipulating or influencing the Creation Basket composition as afforded reducing costs, increasing efficiency and composition of Creation Baskets, improving trading. including those that differ from the to ETFs relying on rule 6c–11.5 More 7. Pursuant to condition A.10 herein, Dynamic SSR Portfolio. Like the basket specifically, Applicants have requested each Fund will adopt and implement and custom basket policies and that the Funds be allowed to use written policies and procedures procedures required of ETFs by rule 6c– Creation Baskets that include regarding the construction of its 11, the Funds will adopt and implement instruments that are not included, or are Creation Baskets in accordance with written policies and procedures that included with different weightings, in rule 6c–11 under the Act. For purposes govern the construction of Creation the Fund’s Dynamic SSR Portfolio. of the requirement to comply with the Baskets and the process that will be II. The Application policies and procedures provision in used for the acceptance of Creation rule 6c–11, only Creation Baskets that Baskets to safeguard the best interests of A. Applicants’ Proposal differ from a Fund’s Dynamic SSR the Funds and their shareholders.7 4. Upon amending the Prior Order, Portfolio will be treated as a ‘‘custom 12. Selective Disclosure. The Funds the names and quantities of the basket’’ under rule 6c–11(c)(3). and each person acting on behalf of the instruments that may constitute a 8. Furthermore, pursuant to condition Funds will continue to be required to Creation Basket will generally be the A.9 herein, each Fund will comply with comply with Regulation Fair Disclosure same as the Fund’s Dynamic SSR the recordkeeping requirements of rule as if it applied to them (except that the Portfolio, but a Fund may accept 6c–11.6 For purposes of the requirement exemptions provided in rule Creation Baskets that differ from the to comply with the recordkeeping 100(b)(2)(iii) therein shall not apply). Dynamic SSR Portfolio. Each Business provision in rule 6c–11, only Creation Applicants believe that the new Day, before the open of trading on the Baskets different from a Fund’s Creation Basket flexibility being sought Exchange where a Fund is listed, the Dynamic SSR Portfolio will be treated as by the Applicants does not raise any Fund will publish on its website the a ‘‘custom basket’’ under rule 6c– new concerns about selective disclosure composition of any Creation Basket 11(d)(2)(ii). of non-public material information. exchanged with an authorized B. Considerations Relating to the First, a Fund’s use of, or conversations participant on the previous Business Requested Relief with authorized participants about, Day that differed from such Business Creation Baskets that would result in 9. Applicants represent that the such disclosure would effectively be 3 All capitalized terms not otherwise defined in ability to utilize a Creation Basket that limited by the Funds’ obligation to this notice have the meanings ascribed to them in includes instruments that are not comply with Regulation Fair Disclosure. the Prior Application. included, or are included with different Second, as noted above, each Business 4 Deposit Instruments and Redemption weightings, in a Fund’s Dynamic SSR Day, before the open of trading on the Instruments may include cash and/or securities. Portfolio, or are included in different 5 The Funds are not be able to operate in reliance on rule 6c–11 because they do not disclose their full weightings, does not raise any new 7 See Exchange-Traded Funds, Investment portfolio holdings on a daily basis as required by Company Act Release No. 33646 (Sept. 25, 2019) the rule. See rule 6c–11(c)(1)(i) (requiring an ETF 6 Pursuant to condition A.9, each Fund will also (‘‘ETF Adopting Release’’), at 80–94 (discussion of to disclose prominently on its website, publicly maintain and preserve a copy of the Dynamic SSR rule 6c–11 requirement for ETF policies and available and free of charge, the portfolio holdings Portfolio published on the Fund’s website for each procedures concerning basket construction and that will form the basis for each calculation of NAV Business Day and a copy of each Creation Basket acceptance and heightened policies and procedures per share). made available. for custom baskets).

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Exchange where a Fund is listed, the SECURITIES AND EXCHANGE Commission has received no comments Fund will publish on its website the COMMISSION on the proposed rule change. composition of any basket accepted by The Commission is publishing this the Fund on the previous Business Day [Release No. 34–91095; File No. SR–NYSE– notice to solicit comments on the that differed from such Business Day’s 2020–89] proposed rule change, as modified by Dynamic SSR Portfolio other than with Amendment No. 1, from interested respect to cash. Self-Regulatory Organizations; New persons and is instituting proceedings York Stock Exchange LLC; Notice of under Section 19(b)(2)(B) of the Act to III. Requested Exemptive Relief Filing of Amendment No. 1 and Order determine whether to approve or For the reasons stated above, Instituting Proceedings To Determine disapprove the proposed rule change, as Applicants believe that the Prior Order, Whether To Approve or Disapprove a modified by Amendment No. 1. as amended, continues to meet the Proposed Rule Change, as Modified by relevant standards for relief pursuant to Amendment No. 1, To Amend Rule II. Self-Regulatory Organization’s section 6(c) of the Act for an exemption 7.35C Statement of the Purpose of, and from sections 2(a)(32), 5(a)(1), 22(d), and Statutory Basis for, the Proposed Rule February 10, 2021. 22(e) of the Act and rule 22c–1 under Change, as Modified by Amendment the Act, and under sections 6(c) and I. Introduction No. 1 In its filing with the Commission, the 17(b) of the Act for an exemption from On October 23, 2020, New York Stock sections 17(a)(1) and 17(a)(2) of the Act, self-regulatory organization included Exchange LLC (‘‘NYSE’’ or the and under section 12(d)(1)(J) of the Act statements concerning the purpose of, ‘‘Exchange’’) filed with the Securities for an exemption from sections and basis for, the proposed rule change and Exchange Commission 12(d)(1)(A) and 12(d)(1)(B) of the Act.8 and discussed any comments it received (‘‘Commission’’) pursuant to Section on the proposed rule change. The text IV. Applicants’ Conditions 19(b)(1) of the Securities Exchange Act 1 of those statements may be examined at Applicants agree that the Amended of 1934 (‘‘Act’’) and Rule 19b–4 2 the places specified in Item IV below. Order granting the requested relief will thereunder, a proposed rule change to The Exchange has prepared summaries, be subject to all of the conditions in the amend Rule 7.35C (Exchange-Facilitated set forth in sections A, B, and C below, Prior Order, except that condition A.9 of Auctions) to (1) provide the Exchange of the most significant parts of such the Prior Order is deleted in its entirety authority to facilitate a Trading Halt statements. and replaced with the conditions A.9 Auction if a security has not reopened and A.10 as follows: by 3:30 p.m. following a MWCB Halt; (2) A. Self-Regulatory Organization’s 9. Each Fund will comply with the widen the Auction Collar for an Statement of the Purpose of, and the recordkeeping requirements of rule 6c– Exchange-facilitated Trading Halt Statutory Basis for, the Proposed Rule 11 under the Act, as amended, except Auction following an MWCB Halt; (3) Change that for purposes of this condition, only provide that certain DMM Interest 1. Purpose Creation Baskets different from the would not be canceled following an The Exchange proposes to amend Fund’s Dynamic SSR Portfolio will be Exchange-facilitated Auction; and (4) Rule 7.35C (Exchange-Facilitated treated as a ‘‘custom basket’’ under rule change the Auction Reference Price for Auctions) to (1) provide the Exchange 6c–11(d)(2)(ii). In addition, each Fund Exchange-facilitated Core Open authority to facilitate a Trading Halt will maintain and preserve, for a period Auctions. Auction 6 if a security has not reopened of not less than five years, in an easily The proposed rule change was following a Level 1 or Level 2 trading accessible place, (i) a copy of the published for comment in the Federal halt due to extraordinary market Dynamic SSR Portfolio published on the Register on November 12, 2020.3 On volatility under Rule 7.12 (‘‘MWCB Fund’s website for each Business Day; December 18, 2020, the Commission Halt’’) by 3:30 p.m.; (2) widen the and (ii) a copy of each Creation Basket extended the time period within which Auction Collar for an Exchange- made available. to either approve the proposed rule facilitated Trading Halt Auction 10. Each Fund will adopt and change, disapprove the proposed rule following a MWCB Halt; and (3) provide implement written policies and change, or institute proceedings to that certain DMM Interest 7 would not procedures that govern the construction determine whether to approve or be cancelled following an Exchange- of Creation Baskets, as required under disapprove the proposed rule change, to facilitated Auction.8 rule 6c–11(c)(3) under the Act, as February 10, 2020.4 On February 5, amended, except that for purposes of 2020, the Exchange filed Amendment 6 As defined in Rule 7.35(a)(1), an ‘‘Auction’’ 5 this condition, only Creation Baskets No. 1 to the proposed rule change. The refers to the process for opening, reopening, or different from the Fund’s Dynamic SSR closing of trading of Auction-Eligible Securities on Portfolio will be treated as a ‘‘Custom 1 15 U.S.C. 78s(b)(1). the Exchange, which can result in either a trade or a quote. Basket’’. The Fund’s basket policies and 2 17 CFR 240.19b–4. 7 3 For purposes of Auctions, the term ‘‘DMM procedures will be covered by the See Securities Exchange Act Release No. 90363 Interest’’ is defined in Rule 7.35(a)(8) to mean all Fund’s compliance program and other (Nov. 5, 2020), 85 FR 71964 (Nov. 12 2020) buy and sell interest entered by a DMM unit in its requirements under rule 38a–1 under (‘‘Notice’’). assigned securities and includes: ‘‘DMM Auction 4 the Act, as amended. See Securities Exchange Act Release No. 90726 Liquidity,’’ which is non-displayed buy and sell (Dec. 20, 2020), 85 FR 84431 (Dec. 28, 2020). interest that is designated for an Auction only (see For the Commission, by the Division of 5 In Amendment No. 1, the Exchange removed Rule 7.35(a)(8)(A)); ‘‘DMM Orders’’ which are Investment Management, pursuant to one of the proposed changes from the original orders, as defined under Rule 7.31, entered by a delegated authority. proposal. Specifically, the Exchange removed the DMM unit (see Rule 7.35(a)(8)(B)); and ‘‘DMM proposed change to adopt a new definition of After-Auction Orders,’’ which are orders entered by J. Matthew DeLesDernier, Auction Reference Price for exchange-facilitated a DMM unit before either the Core Open Auction Assistant Secretary. Core Open Auctions and to amend the temporary or Trading Halt Auction that do not participate in [FR Doc. 2021–03086 Filed 2–16–21; 8:45 am] rule related to such auctions set forth in an Auction and are intended instead to maintain Commentary .04 to Rule 7.35C. This aspect of the price continuity with reasonable depth following an BILLING CODE 8011–01–P original proposal is now the subject of a separate Auction (see Rule 7.35(a)(8)(C)). proposed rule change filed by the Exchange on 8 In this Amendment No. 1, the Exchange is 8 See supra note 2. February 8, 2021 (SR–NYSE–2021–13). removing its proposed change to Rule 7.35C(b)(1)

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These proposed changes are currently assigned to each DMM. During this Auction following a MWCB Halt to the in place on a temporary basis, as period, the vast majority of Auctions greater of $0.15 or 10%. described in Commentaries .01–.03 to were facilitated electronically by DMMs • Allow DMM Interest to remain on Rule 7.35C. pursuant to Rules 7.35A and 7.35B. the Exchange Book after an Exchange- In connection with both the market- facilitated Auction. Background wide volatility associated with the Proposed Rule Changes To slow the spread of COVID–19 COVID–19 pandemic in March 2020 and through social-distancing measures, on the full and partial closing of the Exchange Authority To Facilitate a March 18, 2020, the CEO of the Trading Floor facilities, the Exchange Trading Halt Auction Following a Exchange made a determination under added Commentaries .01, .02, .03, and MWCB Halt Rule 7.1(c)(3) that, beginning March 23, .04 to Rule 7.35C 12 that are in effect In the midst of the market-wide 2020, the Trading Floor facilities located until the earlier of a full reopening of volatility relating to COVID–19 and at 11 Wall Street in New York City the Trading Floor facilities to DMMs or before the Exchange temporarily closed would close and the Exchange would after the Exchange closes on April 30, the Trading Floor, the Exchange added move, on a temporary basis, to fully 2021.13 These Commentaries set forth Commentary .01 to Rule 7.35C, which 9 electronic trading. On May 14, 2020, how the Exchange has been functioning provided, at the time of filing, that: 14 the CEO of the Exchange made a during this temporary period when the Until May 15, 2020, to facilitate the determination under Rule 7.1(c)(3) to Trading Floor facilities have been closed fair and orderly reopening of securities reopen the Trading Floor on a limited either in full or in part in connection following either a Level 1 or Level 2 basis on May 26, 2020 to a subset of with COVID–19. trading halt due to extraordinary market Floor brokers, subject to safety measures The Exchange believes that the rules volatility under Rule 7.12 (‘‘MWCB designed to prevent the spread of that it has added on a temporary basis Halt’’), the CEO of the Exchange or his 10 COVID–19. On June 15, 2020, the CEO to Rule 7.35C have supported the fair or her designee may determine that the of the Exchange made a determination and orderly operation of the Exchange Exchange will facilitate a Trading Halt under Rule 7.1(c)(3) to begin the second during both the market volatility Auction in one or more securities under phase of the Trading Floor reopening by associated with COVID–19 and the this Rule if a security has not reopened allowing DMMs to return on June 17, temporary period that the Trading Floor by 3:30 p.m. If the Exchange facilitates 2020, subject to safety measures facilities have been closed either in full a Trading Halt Auction following a designed to prevent the spread of or in part due to COVID–19. The MWCB Halt pursuant to this 11 COVID–19. Exchange further believes the Commentary, the Auction Collars will Rule 7.35C sets forth the procedures functionality that has been operating on be the greater of $0.15 or 10% away for Exchange-facilitated Auctions. The a temporary basis would continue to from the Auction Reference Price. first time the Exchange facilitated any support the fair and orderly operation of Following the temporary closure of Auctions pursuant to Rule 7.35C was on the Exchange under any circumstances the Trading Floor, the substance of this March 19, 2020, when two DMM firms where there may be either market-wide Commentary was revised and moved to temporarily left the Trading Floor in volatility or the need for the Exchange Commentary .02 to Rule 7.35C, as 15 connection with implementing their to facilitate one or more Auctions. follows: business continuity plans related to the Accordingly, the Exchange proposes If the Trading Floor facilities reopen, COVID–19 pandemic. Beginning on that the following changes be made through trading on December 31, 2020, March 23, 2020, when the Exchange permanent in Exchange rules: to facilitate the fair and orderly reopening of securities following a temporarily closed the Trading Floor, • Provide the Exchange with MWCB Halt, the CEO of the Exchange the Exchange began facilitating authority to facilitate a Trading Halt or his or her designee may determine Auctions on behalf of all DMM firms. Auction if a security has not reopened that the Exchange will facilitate a During the period of March 23, 2020 following a MWCB Halt by 3:30 p.m. Trading Halt Auction in one or more through June 16, 2020, among the DMM Eastern Time. securities under this Rule if a security firms, the percentage of Auctions that • Widen the Auction Collars for an has not reopened by 3:30 p.m. Eastern were facilitated by the Exchange ranged Exchange-facilitated Trading Halt from 1% to 3.2% of the securities Time. If the Exchange facilitates a 12 See Securities Exchange Act Release Nos. Trading Halt Auction following a relating to the Auction Reference Price for 88413 (March 18, 2020), 85 FR 16713 (March 24, MWCB Halt pursuant to this Exchange-facilitated Core Open Auctions, which 2020) (SR–NYSE–2020–19) (amending Rule 7.35C Commentary, the Auction Collars will will be submitted as a separate proposed rule to add Commentary .01) (‘‘First Rule 7.35C Filing’’); be the greater of $0.15 or 10% away change. 88444 (March 20, 2020), 85 FR 17141 (March 26, 9 Pursuant to Rule 7.1(e), the CEO notified the 2020) (SR–NYSE–2020–22) (amending Rules 7.35A from the Auction Reference Price. Board of Directors of the Exchange of this to add Commentary .01, 7.35B to add Commentary As described in more detail in the determination. The Exchange’s current rules .01, and 7.35C to add Commentary .02) (‘‘Second First Rule 7.35C Filing, under Rule establish how the Exchange will function fully- Rule 7.35C Filing’’); 88562 (April 3, 2020), 85 FR 7.35C, the Exchange will facilitate an electronically. The CEO also closed the NYSE 20002 (April 9, 2020) (SR–NYSE–2020–29) Auction only if a DMM cannot facilitate American Options Trading Floor, which is located (amending Rule 7.35C to add Commentary .03) at the same 11 Wall Street facilities, and the NYSE (‘‘DMM Interest Filing’’); and 89059 (June 12, 2020), an Auction for one or more securities. Arca Options Trading Floor, which is located in 85 FR 36911 (June 18, 2020) (SR–NYSE–2020–50) In support of the proposed rule change, San Francisco, CA. See Press Release, dated March (amending Rule 7.35C to add Commentary .04) the Exchange explained: 18, 2020, available here: https://ir.theice.com/press/ (‘‘Fourth Rule 7.35C Filing’’). The Exchange continues to believe press-releases/all-categories/2020/03-18-2020- 13 See Securities Exchange Act Release No. 90795 that DMM-facilitated Trading Halt 204202110. (December 23, 2020), 85 FR 86608 (December 30, 10 See Securities Exchange Act Release No. 88933 2020) (SR–NYSE–2020–106) (Notice of filing and Auctions following a MWCB Halt (May 22, 2020), 85 FR 32059 (May 28, 2020) (SR– immediate effectiveness of proposed rule change to provide the greatest opportunity for fair NYSE–2020–47) (Notice of filing and immediate extend the temporary period for Commentaries to and orderly reopenings of securities, effectiveness of proposed rule change). Rules 7.35, 7.35A, 7.35B, and 7.35C; and temporary and would therefore continue to provide 11 See Securities Exchange Act Release No. 89086 rule relief in Rule 36.30 to end on the earlier of a (June 17, 2020) (SR–NYSE–2020–52) (Notice of full reopening of the Trading Floor facilities to filing and immediate effectiveness of proposed rule DMMs or after the Exchange closes on April 30, 14 See First Rule 7.35C Filing, supra note 12. change). 2020). 15 See Second Rule 7.35C Filing, supra note 12.

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DMMs an opportunity to reopen Wider Auction Collars for a Trading The Auction Collar for the Trading Halt securities before effectuating an Halt Auction Following a MWCB Halt Auction will be based on a price that is the Exchange-facilitated Trading Halt greater of $0.15 or 5% away from the Auction As noted above, as set forth in Reference Price for the Trading Halt Auction, Auction. The proposal would provide 16 Commentary .01(a) to Rule 7.35C, the provided that, the Auction Collar for a the Exchange with another tool during Exchange also widened the Auction Trading Halt Auction following a MWCB Halt volatile markets to reopen securities Collars for an Exchange-facilitated will be the greater of $0.15 or 10% away from before 3:50 p.m., for continuous trading Trading Halt Auction following a the Auction Reference Price. to resume leading into the close ..... MWCB Halt to the greater of $0.15 or The Exchange further proposes to The Exchange believes that specifying a 10% away from the Auction Reference delete Commentary .01 to Rule 7.35C, time in the Rule at which the Exchange Price. Absent this temporary relief, the which would be replaced by the could exercise such discretion would Auction Collars for all Exchange- proposed amendment to Rule put DMMs on notice of the time that the facilitated Trading Halt Auctions, 7.35C(b)(3)(A)(ii). Exchange could begin facilitating such including reopenings following a There are no technology changes auctions. The Exchange further believes MWCB Halt, is the greater of $0.15 or associated with this proposed rule that it is not appropriate to provide that 5% away from the Auction Reference change and the Exchange would be able the Exchange would automatically Price and does not include extension to implement it immediately upon facilitate reopening auctions at 3:30 logic.17 approval of this proposed rule change. p.m. There may be facts and As described in the First Rule 7.35C circumstances where DMMs would be Filing, the widening of the Auction DMM Interest and Exchange-Facilitated able to reopen all securities before 3:50 Collars was designed to provide the Auctions p.m., but that the DMM-facilitated Exchange with more flexibility to As set forth in Rule 7.35C(a)(1), if the process may not have completed by 3:30 respond to the then unprecedented Exchange facilitates an Auction, DMM p.m. The Exchange would take those market-wide declines that resulted from Interest would not be eligible to facts and circumstances into account the ongoing spread of COVID–19 at that participate in such Auction and before invoking the proposed relief. time if the Exchange were to facilitate a previously-entered DMM Interest would Exchange staff would communicate Trading Halt Auction following a be cancelled. When a DMM cannot with the impacted DMMs verbally on MWCB Halt. The Exchange cannot facilitate an Auction because the DMM the Floor during such times, and predict if and when the U.S. equities unit is experiencing a system issue that therefore the DMMs would be on notice market will experience market-wide prevents it from communicating with of whether the Exchange would invoke declines that would trigger a MWCB Exchange systems, cancelling DMM this relief, and for which securities. Halt again. However, if such market- Interest following an Exchange- wide volatility were to occur, the facilitated Auction would help ensure The Exchange continues to believe Exchange believes that the widened that DMM Interest that may be at stale that the ability for the Exchange to Auction Collars would promote fair and prices does not participate in trading on facilitate a Trading Halt Auction orderly reopenings following a MWCB the Exchange. On the other hand, by following a MWCB Halt if a security has Halt by providing a wider price range at cancelling DMM Interest when the not reopened by 3:30 p.m. would which the Exchange could facilitate DMM units’ systems are operating promote the fair and orderly reopening such a reopening. normally, DMMs may be limited in their of one or more securities so that To effect this change, the Exchange ability to maintain price continuity with continuous trading may resume leading proposes to amend Rule reasonable depth, i.e., provide passive into the close. Accordingly, the 7.35C(b)(3)(A)(ii) to provide as follows liquidity at the Exchange best bid and Exchange proposes that the relief (proposed new text italicized), which is offer and at depth, immediately based on current Commentary .01 to described above should be made a following an Exchange-facilitated Rule 7.35C without any substantive permanent part of Rule 7.35C. To effect Auction. this change, the Exchange proposes to differences: After a period of operating Exchange- amend 7.35C to add new subparagraph facilitated Auctions, the Exchange 16 Commentary .01(a) to Rule 7.35C currently (a)(4) as follows, which is based on identified a way to provide DMMs with current Commentary .02 to Rule 7.35C provides that: ‘‘For a temporary period that begins March 23, 2020, when the Trading Floor facilities a greater opportunity to provide passive without any substantive differences: have been closed pursuant to Rule 7.1(c)(3), and liquidity immediately following an The CEO of the Exchange, or his or ends on the earlier of a full reopening of the Auction, thereby dampening volatility, Trading Floor facilities to DMMs or after the her designee, may determine that the Exchange closes on December 31, 2020: (a) The while still limiting DMM risk. To effect Exchange will facilitate a Trading Halt Auction Collar for a Trading Halt Auction following this change, the Exchange added Auction in one or more securities under a either a Level 1 or Level 2 trading halt due to Commentary .03 to Rule 7.35C, which extraordinary market volatility under Rule 7.12 this Rule if a security is subject to either (‘‘MWCB Halt’’) will be the greater of $0.15 or 10% provides that for the temporary period a Level 1 or Level 2 trading halt due to away from the Auction Reference Price.’’ that begins on April 6, 2020 and ends extraordinary market volatility under 17 See Securities Exchange Act Release No. 85962 on the earlier of a full reopening of the Rule 7.12 (‘‘MWCB Halt’’) and has not (May 29, 2019), 84 FR 26188 (June 5, 2019) (SR– Trading Floor facilities to DMMs or after NYSE–2019–05) (Order approving, among other the Exchange closes on December 31, reopened by 3:30 p.m. Eastern Time. rules, Rule 7.35C, including that extension logic The Exchange further proposes to would not be applied to Exchange-facilitated 2020, if the Exchange facilitates an delete Commentary .02 to Rule 7.35C, Trading Halt Auctions). The Exchange continues to Auction, DMM Interest (i) will not be believe that extension logic is not necessary for which would be replaced by proposed eligible to participate if such Auction Exchange-facilitated Trading Halt Auctions results in a trade, and will be eligible to Rule 7.35C(a)(4). following a MWCB Halt because marketable orders priced through the Auction Collars would be participate if such Auction results in a There are no technology changes cancelled, which would serve the same purpose as quote, and (ii) will not be cancelled associated with this proposed rule the extension logic. The proposed wider Auction unless the limit price of such DMM change and the Exchange would be able Collars for an Exchange-facilitated Trading Halt Interest would be priced through the to implement it immediately upon Auction following a MWCB Halt would allow for more interest to participate in such auction, thereby Auction Price or Auction Collars, as approval of this proposed rule change. reducing the potential for orders to be cancelled. applicable, or such DMM Interest would

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be marketable against other unexecuted instruction from the DMM of which side depth immediately following an orders.18 of the market that the DMM would Auction. If DMM Interest is not The Exchange proposes to make participate. As a result, there may be automatically cancelled following an permanent the changes to how crossing DMM Interest that could result Exchange-facilitated Auction, the DMM Exchange-facilitated Auctions function, in a wash-sale trade that would not have would be better able to timely meet as described in Commentary .03 to Rule occurred if the DMM had facilitated the these obligations by ensuring that 7.35C. By making this functionality Auction. Excluding DMM Interest from passive liquidity remains on the permanent, such rules would continue participating in an Exchange-facilitated Exchange Book immediately following to apply both during the continuation of Auction that results in a trade an Auction. the current Trading Floor closure and if eliminates the potential for a wash-sale The Exchange believes that there the Exchange were to facilitate Auctions trade. In addition, the Exchange believes remain circumstances when DMM any time after the Trading Floor fully it promotes fair and orderly Exchange- Interest should be cancelled following reopens. facilitated Auctions that result in a trade an Exchange-facilitated Auction. As To effect this change, the Exchange to exclude DMM Interest from proposed, the Exchange would cancel proposes to amend 7.35C(a)(1) as participating in such Auctions, because unexecuted DMM Interest under the follows (new text italicized, deleted text if a DMM’s buy or sell interest does not same circumstances that unexecuted bracketed): reflect up-to-date prices, it could impact orders of other member organizations If the Exchange facilitates an Auction, pricing of the Auction. would be cancelled following such DMM Interest will not be eligible to By contrast, the Exchange believes Auctions. participate [in]if such Auction results in a that the proposed change for DMM To effect this change, the Exchange trade, and will be eligible to participate if Interest to participate in an Exchange- proposes to amend Rule 7.35C(g)(1), such Auction results in a quote[and facilitated Auction that results in a which currently describes which previously-entered DMM Interest will be quote would promote fair and orderly cancelled]. unexecuted orders would be cancelled if markets. This proposed change is a security opens or reopens on a trade This proposed rule change would consistent with Commentary .03(a)(1) to via an Exchange-facilitated Auction, and make permanent the temporary Rule 7.35C, but differs from current Rule 7.35C(g)(2), which currently functionality set forth in paragraph Rule 7.35C(a)(1). A security opens on a describes which unexecuted orders (a)(1) to Commentary .03. quote if there is no buy interest willing would be cancelled if a security opens With this change, DMM Interest to trade with sell interest at the same or reopens on a quote that is above would not participate in any Exchange- price. The Exchange believes that under (below) the upper (lower) Auction facilitated Auctions that would result in such circumstances, including DMM Collar via an Exchange-facilitated a trade. This is how DMM Interest Interest in the Exchange’s quote would Auction. The Exchange proposes that currently functions when the Exchange assist the DMMs in meeting their these two subparagraphs would be facilitates an Auction pursuant to either obligation to maintain a two-sided quote replaced with the following text to Rule 7.35C(a)(1) or Commentary .03 to as well as to maintain continuity and incorporate that under the same Rule 7.35C. Based on experience depth in their assigned securities.20 circumstances, DMM Interest would operating pursuant to Commentary .03 Accordingly, the Exchange believes that similarly be cancelled (proposed new to Rule 7.35C, the Exchange believes making this change permanent would text italicized): that this functionality should continue promote fair and orderly markets in permanently when the Exchange connection with Exchange-facilitated (1) If a security opens or reopens on a trade, Market Orders (including sell short facilitates an Auction, including, for Auctions that result in a quote. The final element of the proposed Market Orders during a Short Sale Period) example, when the Trading Floor is and Limit Orders, including DMM Interest, open but the DMM is unable to facilitate change to Rule 7.35C(a)(1) is that DMM with a limit price that is better-priced than an Auction because of a systems or Interest would no longer be the Auction Price and were not executed in technical issue. automatically cancelled after an the applicable Auction will be cancelled. More specifically, when a DMM Exchange-facilitated Auction. The (2) If a security opens or reopens on a facilitates an Auction that results in a Exchange believes that this proposed quote that is above (below) the upper (lower) trade, the DMM determines whether to change would assist DMMs in meeting Auction Collar, Market Orders (including sell participate on the buy or sell side and, their obligation, as required by Rule short Market Orders during a Short Sale based on that direction from the DMM, 104(f)(2), to provide passive liquidity in Period) and Limit Orders, including DMM Interest, with a limit price that is better- DMM Orders that do not participate in order to maintain continuity with reasonable depth in their assigned priced than the upper (lower) Auction Collar the Auction and that would lock or will be cancelled before such quote is cross other orders, which would include securities immediately following a Core published. other DMM Orders, will be cancelled.19 Open Auction or Trading Halt Auction If the DMM has entered both buy and that was facilitated by the Exchange. In These proposed rule changes would sell interest in advance of the Auction advance of an Auction, DMMs can enter make permanent the temporary and the Exchange facilitates the DMM Orders, which if not traded in an functionality set forth in paragraphs Auction, the DMM would not be able to Auction, would be part of the DMM (b)(1) and (2) to Commentary .03. control whether the DMM’s buy or sell Interest on the Exchange Book after the The Exchange further believes that if interest would participate in a trade and Auction. In addition, DMMs can enter previously-entered DMM Interest would the Exchange would not have that DMM After-Auction Orders, which do be marketable against either other DMM not participate in Auctions and are Interest or contra-side unexecuted 18 See DMM Interest Filing, supra note 12. specifically designed to assist the DMMs orders, such DMM Interest should be 19 See Rule 7.35A(h)(3)(C) (providing that after a to maintain passive liquidity on the cancelled. For example, if for a security, Core Open or Trading Halt Auction, better at-priced Exchange immediately following an the Auction Reference Price is $10.00, DMM Orders that do not receive an allocation and Auction, which supports their ability to the lower Auction Collar is $9.00 and that lock or cross other unexecuted orders and buy and sell better-priced DMM Orders will be maintain continuity with reasonable the upper Auction Collar is $11.00, and cancelled after the Auction Processing Period the orders on the Exchange Book in concludes). 20 See Rule 104(f)(2). advance of the Auction are as follows:

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• Order 1—Buy DMM Order 1000 implemented that Commentary, the functionality should DMMs be unable to shares at $10.05, Exchange observed improved facilitate an Auction in one or more • Order 2—Sell DMM Order 1000 performance relating to Exchange- securities, for any reason. shares at $10.00, facilitated Auctions. There are no technology changes • Order 3—Buy DMM Order 1000 • For the period March 23, 2020 to associated with this proposed rule shares at $10.02, April 3, 2020, 4.9% of all Core Open change and the Exchange would be able • Order 4—Sell Limit Order at Auctions were facilitated by the to implement it immediately upon $10.03, Exchange. For the period April 6, 2020 approval of this proposed rule change. the orders in this example would be through June 16, 2020, the Exchange 2. Statutory Basis processed as follows in an Exchange- facilitated only 2% of all Core Open facilitated Auction: Auctions. In addition, the percentage of The proposed rule change is • Order 1 would be cancelled Exchange-facilitated Core Open consistent with Section 6(b) of the 22 (because DMM Interest would not be Auctions that were bound by an Act, in general, and furthers the 23 eligible to participate in an Auction Auction Collar decreased from 1.3% objectives of Section 6(b)(5) of the Act, trade, and here, Order 1 is marketable from the pre-April 6, 2020 period, to in particular, in that it is designed to with Orders 2 and 4), 0.58% in the April 6, 2020–June 16, prevent fraudulent and manipulative • Order 2 would be cancelled 2020 period. acts and practices, to promote just and (because DMM Interest would not be • In addition, the Exchange observed equitable principles of trade, to foster eligible to participate in an Auction that after April 6, 2020, Exchange-listed cooperation and coordination with trade, and here Order 2 is marketable securities experienced reduced persons engaged in facilitating with Order 3), and volatility in the first half hour of transactions in securities, and to remove • Order 3 would not be cancelled trading. The Exchange uses a quote- impediments to and perfect the because it is no longer marketable with based metric to measure volatility in mechanism of a free and open market any other interest, i.e., it no longer locks securities,21 and based on that metric, and a national market system. or crosses the price of any other contra- volatility in Exchange-listed securities The Exchange believes that the rules side interest in the Exchange Book. between the period of April 6, 2020 and that it added on a temporary basis to Order 3 would therefore be included in June 16, 2020 was 28.4% lower than the Rule 7.35C have supported the fair and the opening quote. same measure between March 23, 2020 orderly operation of the Exchange This Exchange-facilitated Auction and April 3, 2020. In addition, the during both the market volatility would result in the following quote: associated with COVID–19 and the × Exchange further observed that between $10.02 (Order 3—DMM Order) $10.03 these two periods, the difference temporary period that the Trading Floor (Order 4—Limit Order). between the Core Open Auction Price facilities have been closed either in full To effect this change, the Exchange and the subsequent five-minute VWAP or in part due to COVID–19. The proposes new subparagraph (g)(3) to dropped by 31.3%. Exchange further believes the Rule 7.35C to specify the additional For DMM firms that have already functionality that has been operating on circumstances when DMM Interest returned staff to the Trading Floor, this a temporary basis would continue to would be cancelled, as follows: proposed change has limited support the fair and orderly operation of The Exchange will cancel DMM application because the Exchange has the Exchange under any circumstances Interest that is marketable against not facilitated any Auctions on behalf of where there may be either market-wide contra-side unexecuted orders. If the those firms since June 16, 2020. In volatility or the need for the Exchange contra-side unexecuted order against addition, the Exchange anticipates that to facilitate one or more Auctions. which such DMM Interest is marketable once the Trading Floor facilities open in is DMM Interest, the DMM Interest with Exchange Authority To Facilitate a full to DMMs, and all DMM firms have the earlier working time will be Trading Halt Auction Following a staffing on the Trading Floor, the need canceled. MWCB Halt for Exchange-facilitated Auctions would This proposed rule change would The Exchange believes that it would be obviated, and the Exchange will make permanent the temporary remove impediments to and perfect the revert to pre-pandemic rates of functionality set forth in paragraph mechanism of a free and open market Exchange-facilitated Auctions, which (b)(3) to Commentary .03. and a national market system to provide were none. Accordingly, the proposed The Exchange believes that these the Exchange with authority to facilitate changes to Rule 7.35C will likely have proposed rule changes would promote a Trading Halt Auction following a limited application and would be fair and orderly markets whenever the MWCB Halt. The Exchange continues to available as a business continuity Exchange facilitates an Auction under believe that DMM-facilitated Trading Rule 7.35C—under any circumstance— Halt Auctions following a MWCB Halt 21 As described in an Exchange blog post, this by supporting DMMs in maintaining metric is calculated using second-to-second ‘‘quote provide the greatest opportunity for fair continuity with reasonable depth in returns,’’ which is calculated by averaging the and orderly reopenings of securities, their assigned securities immediately midpoints of all NBBO updates for a security within and would therefore continue to provide following an Exchange-facilitated Core each second of the day from 9:35 a.m. to 4:00 p.m., DMMs an opportunity to reopen and then calculating the percentage rate of return Open Auction or Trading Halt Auction of these average quote midpoints from one second securities before effectuating an that was facilitated by the Exchange. to the next. The variance of returns are then Exchange-facilitated Trading Halt The Exchange proposes that, with calculated in aggregated time periods (e.g., 5-minute Auction. The proposal would provide these proposed changes to Rules buckets) and annualized from seconds to 6.5 hour the Exchange with another tool during trading days to 252 trading days in the years. 7.35C(a)(1) and (g), Commentary .03 to Finally, the Exchange takes the square root of the volatile markets to reopen securities Rule 7.35C would be deleted in its annualized variance in the aggregated periods, before 3:50 p.m. so that continuous entirety. which creates the Exchange’s quote volatility trading may resume before leading into In further support of making the metric. See NYSE Data Insights, Introducing Quote the close. The Exchange further believes Volatility (QV)—a new metric to measure price functionality set forth in Commentary volatility, available here: https://www.nyse.com/ .03 to Rule 7.35C permanent, the data-insights/introducing-quote-volatility-qv-a-new- 22 15 U.S.C. 78f(b). Exchange notes that after the Exchange metric-to-measure-price-volatility. 23 15 U.S.C. 78f(b)(5).

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that it is not appropriate to provide that continue to not participate in an Exchange-facilitated Auction. The the Exchange would automatically Exchange-facilitated Auction that proposed changes would also remove facilitate reopening auctions at 3:30 results in a trade. As noted above, under impediments to and perfect the p.m. There may be facts and both the current Rule and temporary mechanism of a free and open market circumstances where DMMs would be Commentary .03, DMM Interest does not because DMM Interest that, following an able to reopen all securities before 3:50 participate in an Exchange-facilitated Exchange-facilitated Auction, would be p.m., but that the DMM-facilitated Auction that results in a trade in part to priced through the Auction Price or process may not have completed by 3:30 prevent wash-trade sales of previously- Auction Collars, as applicable, would be p.m. The Exchange would take those entered DMM buy and sell interest and cancelled in the same manner that other facts and circumstances into account therefore reduces DMM units’ risk. It unexecuted orders would be cancelled. before invoking the proposed relief. also protects the fair and orderly The Exchange further believes that the operation of such Auctions because proposed changes to Rules 7.35C(a) and Wider Auction Collars for a Trading such DMM Interest may be at stale (g) would remove impediments to and Halt Auction Following a MWCB Halt prices, and therefore could impact perfect the mechanism of a free and The Exchange believes that it would pricing of the Auction in a manner that open market and a national market remove impediments to and perfect the does not reflect up-to-date trading system because the Exchange observed mechanism of a free and open market interest. For this reason, the Exchange improved performance following and a national market system to widen believes it would continue to promote Exchange-facilitated Auctions after the the Auction Collars for an Exchange- fair and orderly Auctions for DMM Exchange implemented Commentary .03 facilitated Trading Halt Auction Interest not to participate in an to Rule 7.35C. Accordingly, should following a MWCB Halt. Such widened Exchange-facilitated Auction that circumstances ever arise again that Auction Collars would provide the results in a trade. would require the Exchange to facilitate Exchange with more flexibility to By contrast, the Exchange believes any Auctions, which, based on pre- respond to any market-wide declines that the proposed change that DMM pandemic experience, would likely be that may continue following a MWCB Interest would be included in an rare, the Exchange believes that these Halt if the Exchange were to facilitate a Exchange-facilitated Auction that proposed changes would improve the Trading Halt Auction following such results in a quote would remove performance of Exchange-facilitated halt. The Exchange cannot predict if and impediments to and perfect the Auctions by enabling better engagement when the U.S. equities market will mechanism of a free and open market by the DMMs in both the Auction and experience market-wide declines that and a national market system because it the immediate after-market while still would trigger a MWCB Halt again. would promote fair and orderly limiting DMM risk. However, if such market-wide volatility resumption of trading by allowing DMM III. Proceedings To Determine Whether were to occur, the Exchange believes Interest to be considered as part of the To Disapprove SR–NYSE–2020–89 and that the widened Auction Collars would opening quote. A security only opens on Grounds for Disapproval Under promote fair and orderly reopenings a quote when there are no buy and sell Consideration following a MWCB Halt by providing a orders that can be crossed at a single wider price range at which the price. Accordingly, when a security The Commission is instituting Exchange could facilitate such a opens on a quote, the DMM has an proceedings pursuant to Section reopening, thereby allowing more buy immediate obligation to maintain a two- 19(b)(2)(B) of the Act to determine and sell interest to participate in such sided quote and to provide continuity whether the proposal, as modified by Auction. and depth. Including DMM interest in Amendment No. 1, should be approved or disapproved.24 Institution of such DMM Interest and Exchange-Facilitated an Exchange-facilitated Auction that results in a quote would assist DMMs in proceedings is appropriate at this time Auctions meeting those obligations. in view of the legal and policy issues As noted above, beginning March 19, The Exchange believes it would raised by the proposed rule change, as 2020, the Exchange began facilitating remove impediments to and perfect the discussed below. Institution of auctions as provided for under Rule mechanism of a free and open market disapproval proceedings does not 7.35C for the first time, and then, and a national market system not to indicate that the Commission has beginning March 23, 2020, when the automatically cancel DMM Interest reached any conclusions with respect to Trading Floor was temporarily closed to following an Exchange-facilitated any of the issues involved. reduce the spread of COVID–19, began Auction because it would provide Pursuant to Section 19(b)(2)(B) of the facilitating Auctions on behalf of all DMMs with the opportunity to provide Act, the Commission is providing notice DMM firms. Based on that experience, passive liquidity immediately following of the grounds for disapproval under the Exchange added Commentary .03 to an Exchange-facilitated Auction, consideration. The Commission is Rule 7.35C, which is in effect only for thereby reducing volatility while still instituting proceedings to allow for a temporary period while the Trading limiting DMM risk. Similarly, the additional analysis and input Floor is closed. The Exchange believes Exchange believes that because DMM concerning the proposed rule change’s that it would remove impediments to Interest would not be participating in an consistency with the Act 25 and, in and perfect the mechanism of a free and Exchange-facilitated Auction that particular, with Section 6(b)(5) of the open market and a national market results in a trade, it would remove Act, which requires, among other system to make the changes described in impediments to and perfect the things, that the rules of a national Commentary .03 to Rule 7.35C mechanism of a free and open market securities exchange be designed to permanent because it would allow and a national market system to cancel prevent fraudulent and manipulative DMMs to maintain continuity with DMM Interest that would be marketable acts and practices, to promote just and reasonable depth in their assigned against unexecuted orders because, if equitable principles of trade, to remove securities immediately following an not cancelled, such interest could trade impediments to and perfect the Exchange-facilitated Auction. at a price that would not be consistent As described above, the Exchange is with the Auction Price or opening or 24 15 U.S.C. 78s(b)(2)(B). proposing that DMM Interest would reopening quote determined in the 25 15 U.S.C. 78f(b)(5).

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mechanism of a free and open market the collars being canceled, whereas be canceled when the limit price of that and a national market system and, in Nasdaq, NYSE Arca, and Cboe BZX DMM Interest prices through the general, to protect investors and the establish 5% price bands for re-opening Auction Price or the Auction Collars? public interest.26 and then widen those price bands in Should DMM Interest be canceled when For the reasons discussed above, the increments of 5% until market interest it is marketable against contra-side Commission believes it is appropriate to can be satisfied. Should the primary unexecuted orders? institute proceedings pursuant to listing exchanges harmonize their Section 19(b)(2)(B) of the Act to respective processes for reopening Comments may be submitted by any determine whether the proposal should trading by electronic auction after a halt of the following methods: be approved or disapproved. pursuant to the market-wide circuit Electronic Comments IV. Procedure: Request for Written breaker mechanism following a Level 1 • Use the Commission’s internet Comments or Level 2 market decline, and if so, why? If so, which aspects of the re- comment form (http://www.sec.gov/ The Commission requests that opening processes following MWCB rules/sro.shtml); or interested persons provide written Halts should be harmonized (e.g., • Send an email to rule-comments@ submissions of their views, data, and auction reference price, determination sec.gov. Please include File Number SR– arguments with respect to the concerns of auction match price, width of auction NYSE–2020–89 on the subject line. identified above, as well as any other collars, or expansions of auction collars) concerns they may have with the and what are the appropriate Paper Comments proposal. In particular, the Commission parameters? Should NYSE further invites the written views of interested harmonize its proposed MWCB • Send paper comments in triplicate persons concerning whether the reopening process for exchange- to Secretary, Securities and Exchange proposed rule change is inconsistent facilitated auctions to align with Commission, 100 F Street NE, with Section 6(b)(5) or any other Nasdaq, NYSE Arca, and Cboe BZX on Washington, DC 20549–1090. provision of the Act, or the rules and the establishment of auction reference All submissions should refer to File regulation thereunder. Although there prices, auction collars levels, and/or the do not appear to be any issues relevant limit (or lack thereof) on auction collar Number SR–NYSE–2020–89. This file to approval or disapproval which would adjustments? number should be included on the be facilitated by an oral presentation of 2. Is it appropriate for the Exchange subject line if email is used. To help the views, data, and arguments, the to derive and expand the lower/upper Commission process and review your Commission will consider, pursuant to MWCB Auction Collar by subtracting comments more efficiently, please use Rule 19b–4, any request for an from or adding to the Auction Reference only one method. The Commission will opportunity to make an oral Price the greater of $0.15 or 10% of the post all comments on the Commission’s presentation.27 Auction Reference Price, which are internet website (http://www.sec.gov/ Interested persons are invited to currently wider than the parameters that rules/sro.shtml). submit written data, views, and Nasdaq, NYSE Arca, and Cboe BZX use Copies of the submission, all arguments regarding whether the to derive and expand their respective subsequent amendments, all written proposal should be approved or MWCB auction collars? Are there any statements with respect to the proposed disapproved by March 10, 2021. Any specific data, statistics, or studies to rule change that are filed with the person who wishes to file a rebuttal to support the Exchange’s belief that the any other person’s submission must file wider parameters proposed for MWCB Commission, and all written that rebuttal by March 24, 2021. The Auction Collars are set at appropriate communications relating to the Commission asks that commenters levels that would allow the Exchange to proposed rule change between the address the sufficiency of the re-open trading in securities more Commission and any person, other than Exchange’s statements in support of the quickly while still reducing the those that may be withheld from the proposal which are set forth in the potential to re-open at a price that is public in accordance with the Notice,28 in addition to any other significantly away from the last traded provisions of 5 U.S.C. 552, will be comments they may wish to submit price of the security? Are there any available for website viewing and about the proposed rule change. In considerations regarding why the NYSE printing in the Commission’s Public particular, the Commission seeks exchange-facilitated MWCB re-openings Reference Room, 100 F Street NE, comment, including where relevant, any should be handled differently from Washington, DC 20549, on official specific data, statistics, or studies, on other primary listing markets that list business days between the hours of the following: equities? 10:00 a.m. and 3:00 p.m. Copies of the 1. The NYSE proposal for its 3. Are the other aspects of the filing also will be available for exchange-facilitated auctions would proposal appropriate for auctions inspection and copying at the principal differ from other primary listing following a Trading Halt? Is it office of the Exchange. All comments markets’ MWCB re-opening processes in appropriate for the Exchange to have the received will be posted without change. that it would establish price collars of authority to facilitate a Trading Halt Persons submitting comments are Auction if a security has not re-opened the greater of $0.15 or 10% away from cautioned that we do not redact or edit by 3:30 p.m., following a MWCB Halt? the Auction Reference Price, with personal identifying information from Or should the Exchange afford the DMM interest that cannot be satisfied within comment submissions. You should additional time to open the security? submit only information that you wish 26 4. Should DMM Interest be eligible to Id. to make available publicly. All 27 Rule 700(c)(2) of the Commission’s Rules of participate in an Exchange-facilitated Practice provides that ‘‘[t]he Commission, in its sole Auction, if that Auction results in a submissions should refer to File discretion, may determine whether any issues quote? Should DMM Interest be Number SR–NYSE–2020–89 and should relevant to approval or disapproval would be be submitted on or before March 10, facilitated by the opportunity for an oral canceled when a security opens or presentation of views.’’ 17 CFR 201.700(c)(2). reopens on a trade? When a security 2021. Rebuttal comments should be 28 See Notice, supra note 3. opens or reopens, should DMM Interest submitted by March 24, 2021.

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For the Commission, by the Division of services, in the amount of $50,000,000 or installation, integration, maintenance, Trading and Markets, pursuant to delegated more. production, repair, retrofit, sales, and support authority.29 The transaction contained in the attached of the DB–110 and MS–110 Airborne J. Matthew DeLesDernier, certification involves the export of defense Reconnaissance System, including their articles, including technical data and defense Assistant Secretary. associated ground station and datalink with services, to Germany, Pakistan, and the UK corresponding software. [FR Doc. 2021–03088 Filed 2–16–21; 8:45 am] to support the sale, delivery, installation, The U.S. government is prepared to license BILLING CODE 8011–01–P operation, training, and maintenance of the export of these items having taken into thirteen (13) TPS–77(e)(2) Multi-Role Radar account political, military, economic, human Systems (MRR) rights, and arms control considerations. DEPARTMENT OF STATE The U.S. government is prepared to license More detailed information is contained in the export of these items having taken into the formal certification which, though [Public Notice 11340] account political, military, economic, human unclassified, contains business information rights, and arms control considerations. submitted to the Department of State by the Bureau of Political-Military Affairs, More detailed information is contained in applicant, publication of which could cause Directorate of Defense Trade Controls: the formal certification which, though competitive harm to the U.S. firm concerned. unclassified, contains business information Notifications to the Congress of Sincerely, Proposed Commercial Export Licenses submitted to the Department of State by the applicant, publication of which could cause Ryan M. Kaldahl, AGENCY: Department of State. competitive harm to the U.S. firm concerned. Sincerely, Acting Assistant Secretary of State, Bureau of ACTION: Notice. Legislative Affairs. Ryan M. Kaldahl, SUMMARY: The Directorate of Defense Enclosure: Transmittal No. DDTC 19–042. Trade Controls and the Department of Acting Assistant Secretary of State, Bureau of August 13, 2020 State give notice that the attached Legislative Affairs. Notifications of Proposed Commercial Enclosure: Transmittal No. DDTC 19–012. The Honorable Nancy Pelosi, Speaker of the Export Licenses were submitted to the House of Representatives. September 2, 2020 Congress on the dates indicated. Four Dear Madam Speaker: notifications inadvertently omitted a The Honorable Nancy Pelosi, Speaker of the Pursuant to Section 36(c) of the Arms date from their letters, but all were House of Representatives. Export Control Act, please find enclosed a confirmed to have been submitted to the Dear Madam Speaker: certification of a proposed license Congress on August 1, 2020. Where that Pursuant to Section 36(c) of the Arms amendment for the export of defense articles, occurred, the date has been added Export Control Act, the Department of State including technical data and defense within brackets to the letters reproduced is transmitting certification of a proposed services, in the amount of $50,000,000 or here. license for the export of firearms abroad more. controlled under Category I of the U.S. The transaction contained in the attached DATES: As shown on each of the 34 certification involves the export of defense letters. Munitions List in the amount of $1,000,000 or more. articles, including technical data and defense FOR FURTHER INFORMATION CONTACT: Ms. The transaction contained in the attached services, to the UAE to support the delivery Paula C. Harrison, Directorate of certification involves the export to the UAE and operation of the Predator XP (EP) Defense Trade Controls (DDTC), of fully automatic 5.56mm rifles. unmanned aircraft system. The U.S. government is prepared to license Department of State at (202) 663–3310; The U.S. government is prepared to license the export of these items having taken into the export of these items having taken into or access the DDTC website at https:// account political, military, economic, human _ account political, military, economic, human www.pmddtc.state.gov/ddtc public and rights, and arms control considerations. rights, and arms control considerations. select ‘‘Contact DDTC,’’ then scroll More detailed information is contained in More detailed information is contained in down to ‘‘Contact the DDTC Response the formal certification which, though the formal certification which, though Team’’ and select ‘‘Email.’’ Please add unclassified, contains business information unclassified, contains business information this subject line to your message, submitted to the Department of State by the submitted to the Department of State by the ‘‘ATTN: Congressional Notification of applicant, publication of which could cause applicant, publication of which could cause Licenses.’’ competitive harm to the U.S. firm concerned. competitive harm to the U.S. firm concerned. Sincerely, Sincerely, SUPPLEMENTARY INFORMATION: Section 36(f) of the Arms Export Control Act (22 Ryan M. Kaldahl, Ryan M. Kaldahl, U.S.C. 2776) requires that notifications Acting Assistant Secretary of State, Bureau of Acting Assistant Secretary of State, Bureau of to the Congress pursuant to sections Legislative Affairs. Legislative Affairs. 36(c) and 36(d) be published in the Enclosure: Transmittal No. DDTC 19–018. Enclosure: Transmittal No. DDTC 19–048. Federal Register in a timely manner. The following comprise recent such [August 1, 2020] July 23, 2020 notifications and are published to give The Honorable Nancy Pelosi, Speaker of the The Honorable Nancy Pelosi, Speaker of the notice to the public. House of Representatives. House of Representatives. July 7, 2020 Dear Madam Speaker: Dear Madam Speaker: The Honorable Nancy Pelosi, Speaker of the Pursuant to Section 36(c) of the Arms Pursuant to Section 36(c) of the Arms House of Representatives Export Control Act, please find enclosed a Export Control Act, please find enclosed a certification of a proposed license for the Dear Madam Speaker: certification of a proposed license for the export of defense articles, including technical export of firearms, parts, and components Pursuant to Section 36(c) of the Arms data and defense services, in the amount of abroad controlled under Category I of the Export Control Act, the Department of State $50,000,000 or more. U.S. Munitions List in the amount of is transmitting certification of a proposed The transaction contained in the attached $1,000,000 or more. license for the export of defense articles, certification involves the export of defense The transaction contained in the attached including technical data and defense articles, including technical data and defense certification involves the export to Jamaica of services, to the UAE and the UK to support 5.56mm automatic carbines and major 29 17 CFR 200.30–3(a)(57). the delivery, design, development, components.

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The U.S. government is prepared to license account political, military, economic, human applicant, publication of which could cause the export of these items having taken into rights, and arms control considerations. competitive harm to the U.S. firm concerned. More detailed information is contained in account political, military, economic, human Sincerely, rights, and arms control considerations. the formal certification which, though More detailed information is contained in unclassified, contains business information Ryan M. Kaldahl, the formal certification which, though submitted to the Department of State by the unclassified, contains business information applicant, publication of which could cause Acting Assistant Secretary of State, Bureau of submitted to the Department of State by the competitive harm to the U.S. firm concerned. Legislative Affairs. applicant, publication of which could cause Sincerely, Enclosure: Transmittal No. DDTC 19–118. competitive harm to the U.S. firm concerned. Ryan M. Kaldahl, September 2, 2020 Sincerely, Acting Assistant Secretary of State, Bureau of The Honorable Nancy Pelosi, Speaker of the Ryan M. Kaldahl, Legislative Affairs. House of Representatives. Acting Assistant Secretary of State, Bureau of Enclosure: Transmittal No. DDTC 19–111. Legislative Affairs. Dear Madam Speaker: August 6, 2020 Enclosure: Transmittal No. DDTC 19–104. Pursuant to Section 36(c) of the Arms The Honorable Nancy Pelosi, Speaker of the Export Control Act, please find enclosed a July 23, 2020 House of Representatives. certification of a proposed license for the The Honorable Nancy Pelosi, Speaker of the export of defense articles, including technical Dear Madam Speaker: House of Representatives. data, and defense services in the amount of Pursuant to Section 36(c) of the Arms $50,000,000 or more. Dear Madam Speaker: Export Control Act, please find enclosed a The transaction contained in the attached Pursuant to Section 36(c) of the Arms certification of a proposed license for the certification involves the export of defense Export Control Act, please find enclosed a export of firearms abroad controlled under articles, including technical data and defense certification of a proposed license for the Category I of the U.S. Munitions List in the services, to Australia and the UAE for the export of defense articles, including technical amount of $1,000,000 or more. integration of M230LF Automatic chain guns data and defense services, in the amount of The transaction contained in the attached and associated hardware with a R–400S– certification involves the export to the UAE $50,000,000 or more. MK2–D remote weapons systems. The transaction contained in the attached of 5.56mm automatic rifles. The U.S. government is prepared to license certification involves the export of defense The U.S. government is prepared to license articles, including technical data and defense the export of these items having taken into the export of these items having taken into services, to Australia, Austria, Finland, account political, military, economic, human account political, military, economic, human Germany, Norway, and Qatar to support the rights, and arms control considerations. rights, and arms control considerations. survey, integration, testing, installation, More detailed information is contained in More detailed information is contained in operation, training, repair, demonstration, the formal certification which, though the formal certification which, though and maintenance of the National Advanced unclassified, contains business information unclassified, contains business information Surface to Air Missile System (NASAMS). submitted to the Department of State by the submitted to the Department of State by the The U.S. government is prepared to license applicant, publication of which could cause applicant, publication of which could cause the export of these items having taken into competitive harm to the U.S. firm concerned. competitive harm to the U.S. firm concerned. account political, military, economic, human Sincerely, Sincerely, rights, and arms control considerations. More detailed information is contained in Ryan M. Kaldahl, Ryan M. Kaldahl, the formal certification which, though Acting Assistant Secretary of State, Bureau of Acting Assistant Secretary of State, Bureau of unclassified, contains business information Legislative Affairs. submitted to the Department of State by the Legislative Affairs. applicant, publication of which could cause Enclosure: Transmittal No. DDTC 19–115. Enclosure: Transmittal No. DDTC 19–121. competitive harm to the U.S. firm concerned. September 22, 2020 August 6, 2020 Sincerely, The Honorable Nancy Pelosi, Speaker of the The Honorable Nancy Pelosi, Speaker of the Ryan M. Kaldahl, House of Representatives. House of Representatives. Acting Assistant Secretary of State, Bureau of Dear Madam Speaker: Dear Madam Speaker: Legislative Affairs. Pursuant to Section 36(c) of the Arms Enclosure: Transmittal No. DDTC 19–106. Export Control Act, please find enclosed a Pursuant to Section 36(c) of the Arms certification of a proposed license for the Export Control Act, please find enclosed a July 8, 2020 export of defense articles, including technical certification of a proposed license for the The Honorable Nancy Pelosi, Speaker of the data and defense services, in the amount of export of defense articles, including technical House of Representatives. $100,000,000 or more. data and defense services, in the amount of The transaction contained in the attached $100,000,000 or more. Dear Madam Speaker: certification involves the export of defense The transaction contained in the attached Pursuant to Section 36(c) of the Arms articles, including technical data and defense certification involves the export of defense Export Control Act, please find enclosed a services, to Belgium, Czech Republic, articles, including technical data and defense certification of a proposed license for the Germany, Denmark, Spain, UK, Greece, services, to the Netherlands and the UK to export of defense articles, including technical Hungary, Italy, Luxembourg, Netherlands, support the manufacture of F–35 aircraft data and defense services, in the amount of Norway, Poland, Portugal, Romania, and arresting gear systems. Turkey to support the upgrade of the $100,000,000 or more. The U.S. government is prepared to license The transaction contained in the attached Airborne Warning and Control System the export of these items having taken into certification involves the export of defense (AWACS) and related equipment. articles, including technical data and defense The U.S. government is prepared to license account political, military, economic, human services, to France to support the integration, the export of these items having taken into rights, and arms control considerations. installation, operation, training, testing, account political, military, economic, human More detailed information is contained in maintenance, and repair of the Airborne rights, and arms control considerations. the formal certification which, though Warning and Control System (AWACS) E–3F More detailed information is contained in unclassified, contains business information Cockpit Upgrade (FCU) Program. the formal certification which, though submitted to the Department of State by the The U.S. government is prepared to license unclassified, contains business information applicant, publication of which could cause the export of these items having taken into submitted to the Department of State by the competitive harm to the U.S. firm concerned.

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Sincerely, Sincerely, Sincerely, Ryan M. Kaldahl, Ryan M. Kaldahl, Ryan M. Kaldahl, Acting Assistant Secretary of State, Bureau of Acting Assistant Secretary of State, Bureau of Acting Assistant Secretary of State, Bureau of Legislative Affairs. Legislative Affairs. Legislative Affairs. Enclosure: Transmittal No. DDTC 19–122. Enclosure: Transmittal No. DDTC 20–007. Enclosure: Transmittal No. DDTC 20–010. September 2, 2020 July 17, 2020 July 23, 2020 The Honorable Nancy Pelosi, Speaker of the The Honorable Nancy Pelosi, Speaker of the The Honorable Nancy Pelosi, Speaker of the House of Representatives. House of Representatives. House of Representatives. Dear Madam Speaker: Dear Madam Speaker: Dear Madam Speaker: Pursuant to Section 36(c) of the Arms Pursuant to Section 36(c) of the Arms Pursuant to Section 36(d) of the Arms Export Control Act, please find enclosed a Export Control Act, please find enclosed a Export Control Act, please find enclosed a certification of a proposed license for the certification of a proposed license for the certification of a proposed license for the export of defense articles, including technical export of defense articles, including technical export of defense articles, including technical data and defense services, in the amount of data and defense services, for the data and defense services, in the amount of $50,000,000 or more. manufacture of significant military $100,000,000 or more. The transaction contained in the attached equipment abroad. The transaction contained in the attached certification involves the export of defense articles, including technical data and defense The transaction contained in the attached certification involves the export of defense certification involves the export of defense articles, including technical data and defense services, to Saudi Arabia, Australia and the UK to support the integration, installation, articles, including technical data and defense services, to Japan to support the direct operation, training, testing, maintenance, and services, to Qatar to support the manufacture, commercial sale, support, operation, testing, repair of Falcon III Communications Systems. production, integration, troubleshooting, and training, logistical support, maintenance, and The U.S. government is prepared to license maintenance of the Fusion Rail System onto repair of the radar antennas and cooling the export of these items having taken into ARX 160 rifles. systems for the Aegis Ashore Japan Program. account political, military, economic, human The U.S. government is prepared to license The U.S. government is prepared to license rights, and arms control considerations. the export of these items having taken into the export of these items having taken into More detailed information is contained in account political, military, economic, human account political, military, economic, human the formal certification which, though rights, and arms control considerations. rights, and arms control considerations. unclassified, contains business information More detailed information is contained in More detailed information is contained in submitted to the Department of State by the the formal certification which, though the formal certification which, though applicant, publication of which could cause unclassified, contains business information competitive harm to the U.S. firm concerned. unclassified, contains business information submitted to the Department of State by the submitted to the Department of State by the Sincerely, applicant, publication of which could cause competitive harm to the U.S. firm concerned. applicant, publication of which could cause Ryan M. Kaldahl, competitive harm to the U.S. firm concerned. Sincerely, Acting Assistant Secretary of State, Bureau of Sincerely, Legislative Affairs. Ryan M. Kaldahl, Ryan M. Kaldahl, Enclosure: Transmittal No. DDTC 20–008. Acting Assistant Secretary of State, Bureau of Legislative Affairs. Acting Assistant Secretary of State, Bureau of [August 1, 2020] Legislative Affairs. Enclosure: Transmittal No. DDTC 20–013. The Honorable Nancy Pelosi, Speaker of the Enclosure: Transmittal No. DDTC 19–127. House of Representatives. [August 1, 2020] September 2, 2020 Dear Madam Speaker: The Honorable Nancy Pelosi, Speaker of the House of Representatives. The Honorable Nancy Pelosi, Speaker of the Pursuant to Section 36(d) of the Arms House of Representatives. Export Control Act, please find enclosed a Dear Madam Speaker: certification of a proposed license for the Pursuant to Section 36(c) and (d) of the Dear Madam Speaker: export of defense articles, including technical Arms Export Control Act, please find data and defense services, for the Pursuant to Sections (c) 36 of the Arms enclosed a certification of a proposed license manufacture of significant military Export Control Act, please find enclosed a for the manufacture of significant military equipment abroad. certification of a proposed license for the The transaction contained in the attached equipment abroad and the export of firearms, export of defense articles, including technical certification involves the export of defense parts, and components abroad controlled data and defense services, in the amount of articles, including technical data and defense under Category I of the U.S. Munitions List $100,000,000 or more. services, to Austria, Belgium, Netherlands, in the amount of $1,000,000 or more. The transaction contained in the attached Norway, Germany, Portugal, Saudi Arabia, The transaction contained in the attached certification involves the export of defense Spain and the UK to support the certification involves the export of defense articles, including technical data, and manufacture, integration, installation, articles, including technical data and defense defense services to Italy to support the operation, training, testing, maintenance, services, to Qatar to support the manufacture of upper and lower receivers and charging manufacture, assembly, inspection, and sales, and repair of aircraft countermeasures handle components for the KMA 762 7.62mm delivery of F–135 propulsions systems. for use with CH–47 Chinook, EH–101 Merlin automatic rifle. The U.S. government is prepared to license Mark 2, and Puma rotary wing aircraft. The U.S. government is prepared to license the export of these items having taken into The U.S. government is prepared to license the export of these items having taken into the export of these items having taken into account political, military, economic, human account political, military, economic, human account political, military, economic, human rights, and arms control considerations. rights, and arms control considerations. rights, and arms control considerations. More detailed information is contained in More detailed information is contained in More detailed information is contained in the formal certification which, though the formal certification which, though the formal certification which, though unclassified, contains business information unclassified, contains business information unclassified, contains business information submitted to the Department of State by the submitted to the Department of State by the submitted to the Department of State by the applicant, publication of which could cause applicant, publication of which could cause applicant, publication of which could cause competitive harm to the U.S. firm concerned. competitive harm to the U.S. firm concerned. competitive harm to the U.S. firm concerned.

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Sincerely, Sincerely, Sincerely, Ryan M. Kaldahl, Ryan M. Kaldahl, Ryan M. Kaldahl, Acting Assistant Secretary of State, Bureau of Acting Assistant Secretary of State, Bureau of Acting Assistant Secretary of State, Bureau of Legislative Affairs. Legislative Affairs. Legislative Affairs. Enclosure: Transmittal No. DDTC 20–014. Enclosure: Transmittal No. DDTC 20–016. Enclosure: Transmittal No. DDTC 20–019. September 2, 2020 August 6, 2020 September 11, 2020 The Honorable Nancy Pelosi, Speaker of the The Honorable Nancy Pelosi, Speaker of the The Honorable Nancy Pelosi, Speaker of the House of Representatives. House of Representatives. House of Representatives. Dear Madam Speaker: Dear Madam Speaker: Dear Madam Speaker: Pursuant to Section 36(c) and (d) of the Pursuant to Section 36(d) of the Arms Pursuant to Section 36(c) of the Arms Export Control Act, I am transmitting, Arms Export Control Act, please find Export Control Act, please find enclosed a herewith, certification of a proposed license enclosed a certification of a proposed license for the export of defense articles, including certification of a proposed license for the for the export of defense articles, including technical data and defense services, for the export of defense articles, including technical technical data, and defense services in the manufacture of significant military data and defense services, in the amount of amount of $50,000,000 or more. equipment abroad. $50,000,000 or more. The transaction contained in the attached The transaction contained in the attached The transaction contained in the attached certification involves the export of defense certification involves the export of technical certification involves the export of defense articles, including technical data, and data, and defense services to the Republic of articles, including technical data and defense defense services to Mexico to support the Korea to support the replication and services, to France and the UAE to support manufacture, test, inspection and rework of incorporation of object code of the Have the integration of the SNIPER Advanced parts and components of various gas turbine Quick I/II Electronic-Counter Counter Targeting Pod on Mirage aircraft. engines for use in U.S. military air and Measure (ECCM) waveform into Software The U.S. government is prepared to license ground platforms consisting of F–35, F–22, Compliant Architecture (SCA)-compliant the export of these items having taken into F–18, B–1B, B–2A, M1A1, F117, CH–47 and radio equipment. account political, military, economic, human AW–159. The U.S. government is prepared to license The U.S. government is prepared to license rights, and arms control considerations. the export of these items having taken into the export of these items having taken into More detailed information is contained in account political, military, economic, human account political, military, economic, human rights, and arms control considerations. the formal certification which, though rights, and arms control considerations. More detailed information is contained in unclassified, contains business information More detailed information is contained in the formal certification which, though submitted to the Department of State by the the formal certification which, though unclassified, contains business information applicant, publication of which could cause unclassified, contains business information submitted to the Department of State by the competitive harm to the U.S. firm concerned. submitted to the Department of State by the applicant, publication of which could cause Sincerely, applicant, publication of which could cause competitive harm to the U.S. firm concerned. competitive harm to the U.S. firm concerned. Ryan M. Kaldahl, Sincerely, Sincerely, Ryan M. Kaldahl, Acting Assistant Secretary of State, Bureau of Ryan M. Kaldahl, Legislative Affairs. Acting Assistant Secretary of State, Bureau of Acting Assistant Secretary of State, Bureau of Enclosure: Transmittal No. DDTC 20–018. Legislative Affairs. Legislative Affairs. Enclosure: Transmittal No. DDTC 20–015. September 2, 2020 Enclosure: Transmittal No. DDTC 20–020. July 31, 2020 The Honorable Nancy Pelosi, Speaker of the August 19, 2020 House of Representatives. The Honorable Nancy Pelosi, Speaker of the The Honorable Nancy Pelosi, Speaker of the House of Representatives. Dear Madam Speaker: House of Representatives. Dear Madam Speaker: Pursuant to Section 36(d) of the Arms Dear Madam Speaker: Export Control Act, please find enclosed a Pursuant to Section 36(c) of the Arms Pursuant to Section 36(c) of the Arms certification of a proposed license for the Export Control Act, please find enclosed a Export Control Act, please find enclosed a export of defense articles, including technical certification of a proposed license certification of a proposed license amendment for the export of defense articles, data and defense services, for the amendment for the export of defense articles, including technical data and defense manufacture of significant military including technical data, and defense services, in the amount of $50,000,000 or equipment abroad. services in the amount of $100,000,000 or more. The transaction contained in the attached more. The transaction contained in the attached certification involves the export of defense The transaction contained in the attached certification involves the export of defense articles, including technical data and defense certification involves the export of defense articles, including technical data and defense services, to Qatar to support the manufacture, articles, including technical data, and services, to Mexico to support the integration, installation, operation, training, defense services to Belgium, France, manufacture of aircraft electrical and testing, maintenance, and repair of 40mm Germany, the Netherlands, and the UK to environmental components for use in various grenade launchers. support the licensed manufacture of Patriot U.S. combat aircraft. The U.S. government is prepared to license PAC–3 Missile Segment Canister Assemblies. The U.S. government is prepared to license the export of these items having taken into The U.S. government is prepared to license the export of these items having taken into the export of these items having taken into account political, military, economic, human account political, military, economic, human account political, military, economic, human rights, and arms control considerations. rights, and arms control considerations. rights, and arms control considerations. More detailed information is contained in More detailed information is contained in More detailed information is contained in the formal certification which, though the formal certification which, though the formal certification which, though unclassified, contains business information unclassified, contains business information unclassified, contains business information submitted to the Department of State by the submitted to the Department of State by the submitted to the Department of State by the applicant, publication of which could cause applicant, publication of which could cause applicant, publication of which could cause competitive harm to the U.S. firm concerned. competitive harm to the U.S. firm concerned. competitive harm to the U.S. firm concerned.

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Sincerely, Sincerely, Sincerely, Ryan M. Kaldahl, Ryan M. Kaldahl, Ryan M. Kaldahl, Acting Assistant Secretary of State, Bureau of Acting Assistant Secretary of State, Bureau of Acting Assistant Secretary of State, Bureau of Legislative Affairs. Legislative Affairs. Legislative Affairs. Enclosure: Transmittal No. DDTC 20–021. Enclosure: Transmittal No. DDTC 20–023. Enclosure: Transmittal No. DDTC 20–030. September 2, 2020 July 8, 2020 September 2, 2020 The Honorable Nancy Pelosi, Speaker of the The Honorable Nancy Pelosi, Speaker of the The Honorable Nancy Pelosi, Speaker of the House of Representatives. House of Representatives. House of Representatives. Dear Madam Speaker: Dear Madam Speaker: Dear Madam Speaker: Pursuant to Section 36(c) of the Arms Pursuant to Section 36(c) of the Arms Pursuant to Sections 36(c) and (d) of the Export Control Act, please find enclosed a Export Control Act, please find enclosed a Arms Export Control Act, please find certification of a proposed license certification of a proposed license for the enclosed a certification of a proposed license amendment for the export of defense articles, export of defense articles, including technical for the manufacture of major defense including technical data and defense data and defense services, in the amount of equipment abroad and the export of defense services, in the amount of $50,000,000 or $100,000,000 or more. articles, including technical data, and defense services in the amount of more. The transaction contained in the attached $25,000,000 or more. The transaction contained in the attached certification involves the export of defense The transaction contained in the attached certification involves the export of defense articles, including technical data and defense certification involves the export of defense articles, including technical data and defense services, to the UK support the manufacture, articles, including technical data, and services, to the UAE and the UK to support assembly, repair, testing, maintenance, and the preparation, shipment, delivery, and defense services to Japan to support the design modification of various parts and manufacture, assembly, inspection, test and acceptance of the Guidance Enhanced components for the Lift System modules for Missiles (GEM–T). support of the MK41 Vertical Launch System the F–35 Lightning II Short Take-Off Vertical The U.S. government is prepared to license (VLS) for the Aegis Ashore program. Landing (STOVL) variant. the export of these items having taken into The U.S. government is prepared to license The U.S. government is prepared to license account political, military, economic, human the export of these items having taken into the export of these items having taken into rights, and arms control considerations. account political, military, economic, human account political, military, economic, human More detailed information is contained in rights, and arms control considerations. rights, and arms control considerations. the formal certification which, though More detailed information is contained in More detailed information is contained in unclassified, contains business information the formal certification which, though the formal certification which, though unclassified, contains business information submitted to the Department of State by the unclassified, contains business information submitted to the Department of State by the applicant, publication of which could cause submitted to the Department of State by the applicant, publication of which could cause competitive harm to the U.S. firm concerned. applicant, publication of which could cause competitive harm to the U.S. firm concerned. Sincerely, competitive harm to the U.S. firm concerned. Sincerely, Ryan M. Kaldahl, Sincerely, Ryan M. Kaldahl, Acting Assistant Secretary of State, Bureau of Ryan M. Kaldahl, Acting Assistant Secretary of State, Bureau of Legislative Affairs, Acting Assistant Secretary of State, Bureau of Legislative Affairs. Enclosure: Transmittal No. DDTC 20–022. Legislative Affairs. Enclosure: Transmittal No. DDTC 20–032. September 2, 2020 Enclosure: Transmittal No. DDTC 20–024. September 2, 2020 The Honorable Nancy Pelosi, Speaker of the [August 1, 2020] The Honorable Nancy Pelosi, Speaker of the House of Representatives. The Honorable Nancy Pelosi, Speaker of the House of Representatives. Dear Madam Speaker: House of Representatives. Dear Madam Speaker: Pursuant to Section 36(d) of the Arms Dear Madam Speaker: Pursuant to Section 36(c) of the Arms Export Control Act, please find enclosed a Export Control Act, please find enclosed a certification of a proposed license for the Pursuant to Section 36(c) of the Arms Export Control Act, please find enclosed a certification of a proposed license for the export of defense articles, including technical export of defense articles, including technical data and defense services, for the certification of a proposed license for the export of defense articles, including technical data and defense services, in the amount of manufacture of significant military $50,000,000 or more. data and defense services, in the amount of equipment abroad. The transaction contained in the attached $100,000,000 or more. The transaction contained in the attached certification involves the export of defense The transaction contained in the attached certification involves the export of defense articles, including technical data and defense certification involves the export of defense articles, including technical data and defense services, to Poland, France, Ireland and UK services, to Tunisia to support the articles, including technical data and defense to support the design, development, and manufacture, integration, installation, services, to France and Japan to support the subsequent manufacture of the 737–800 Next operation, training, testing, maintenance, and development and modification of the Falcon Generation Government Aircraft for repair of the F–135 Propulsion System. F2000LXS Maritime Surveillance Aircraft. Presidential Transport. The U.S. government is prepared to license The U.S. government is prepared to license The U.S. government is prepared to license the export of these items having taken into the export of these items having taken into the export of these items having taken into account political, military, economic, human account political, military, economic, human account political, military, economic, human rights, and arms control considerations. rights, and arms control considerations. rights, and arms control considerations. More detailed information is contained in More detailed information is contained in More detailed information is contained in the formal certification which, though the formal certification which, though the formal certification which, though unclassified, contains business information unclassified, contains business information unclassified, contains business information submitted to the Department of State by the submitted to the Department of State by the submitted to the Department of State by the applicant, publication of which could cause applicant, publication of which could cause applicant, publication of which could cause competitive harm to the U.S. firm concerned. competitive harm to the U.S. firm concerned. competitive harm to the U.S. firm concerned.

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Sincerely, submitted to the Department of State by the applicant, publication of which could cause applicant, publication of which could cause competitive harm to the U.S. firm concerned. Ryan M. Kaldahl, competitive harm to the U.S. firm concerned. Sincerely, Acting Assistant Secretary of State, Bureau of Sincerely, Legislative Affairs. Ryan M. Kaldahl, Ryan M. Kaldahl, Enclosure: Transmittal No. DDTC 20–036. Acting Assistant Secretary of State, Bureau of Acting Assistant Secretary of State, Bureau of Legislative Affairs. September 2, 2020 Legislative Affairs. Enclosure: Transmittal No. DDTC 20–051. The Honorable Nancy Pelosi, Speaker of the Enclosure: Transmittal No. DDTC 20–039. House of Representatives. September 5, 2020 September 22, 2020 Dear Madam Speaker: The Honorable Nancy Pelosi, Speaker of the The Honorable Nancy Pelosi, Speaker of the House of Representatives. Pursuant to Section 36(c) of the Arms House of Representatives. Export Control Act, please find enclosed a Dear Madam Speaker: certification of a proposed license Dear Madam Speaker: Pursuant to Section 36(c) of the Arms amendment for the export of defense articles, The Honorable Pursuant to Section 36(c) of Export Control Act, please find enclosed a including technical data and defense the Arms Export Control Act, please find certification of a proposed license for the services, in the amount of $100,000,000 or export of defense articles, including technical more. enclosed a certification of a proposed license data and defense services, in the amount of The transaction contained in the attached amendment for the export of defense articles, $100,000,000 or more. certification involves the export of defense including technical data and defense The transaction contained in the attached articles, including technical data and defense services, in the amount of $100,000,000 or certification involves the export of defense services, to Japan to support the operation, more. articles, including technical data and defense installation, provisioning of organizational The transaction contained in the attached services, to Canada, Germany, Israel and the and intermediate level maintenance, and certification involves the export of defense UK to support the post deployment software repairs of the MK15 Phalanx Close-In articles, including technical data and defense support activities and upgrades to the UK Weapon System Block 0–1B Baseline 2 and services, to Australia and the UK to support SeaRAM Weapon System. the manufacture and sale of F–35 vertical Combined Arms Tactical Trainer (CATT). The U.S. government is prepared to license tails and tail fairings and related sub- The U.S. government is prepared to license the export of these items having taken into assemblies. the export of these items having taken into account political, military, economic, human The U.S. government is prepared to license account political, military, economic, human rights, and arms control considerations. the export of these items having taken into rights, and arms control considerations. More detailed information is contained in account political, military, economic, human More detailed information is contained in the formal certification which, though rights, and arms control considerations. the formal certification which, though unclassified, contains business information More detailed information is contained in unclassified, contains business information submitted to the Department of State by the the formal certification which, though submitted to the Department of State by the applicant, publication of which could cause unclassified, contains business information applicant, publication of which could cause competitive harm to the U.S. firm concerned. submitted to the Department of State by the competitive harm to the U.S. firm concerned. Sincerely, applicant, publication of which could cause Sincerely, competitive harm to the U.S. firm concerned. Ryan M. Kaldahl, Ryan M. Kaldahl, Sincerely, Acting Assistant Secretary of State, Bureau of Acting Assistant Secretary of State, Bureau of Ryan M. Kaldahl, Legislative Affairs. Legislative Affairs. Enclosure: Transmittal No. DDTC 20–038. Acting Assistant Secretary of State, Bureau of Enclosure: Transmittal No. DDTC 20–052. Legislative Affairs. Paula C. Harrison, September 2, 2020 Enclosure: Transmittal No. DDTC 20–042. Senior Management Analyst Directorate of The Honorable Nancy Pelosi, Speaker of the September 2, 2020 House of Representatives. Defense Trade Controls, Department of State. The Honorable Nancy Pelosi, Speaker of the [FR Doc. 2021–03122 Filed 2–16–21; 8:45 am] Dear Madam Speaker: House of Representatives. BILLING CODE 4710–25–P Pursuant to Section 36(c) of the Arms Export Control Act, please find enclosed a Dear Madam Speaker: certification of a proposed license Pursuant to Section 36(d) of the Arms amendment for the export of defense articles, Export Control Act, please find enclosed a DEPARTMENT OF TRANSPORTATION including technical data and defense certification of a proposed license services, in the amount of $100,000,000 or amendment for the export of defense articles, Federal Aviation Administration more. including technical data and defense The transaction contained in the attached services, for the manufacture of significant Commercial Space Transportation certification involves the export of defense military equipment abroad. Advisory Committee: Notice of Public articles, including technical data and defense The transaction contained in the attached Meeting services, to Israel to support the design, certification involves the export of defense development, engineering, integration, articles, including technical data and defense AGENCY: Federal Aviation marketing, production, manufacturing, services, to Australia to support the Administration, Department of testing, depot level maintenance, manufacture of the Communication, Transportation. modification, demonstration and processing Navigation, and Identification (CNI) Audio ACTION: Notice of public meeting. of the Missile Firing Unit (MFU) and Stunner Control Electronic (ACE) module for the F– Interceptor Subsystems for the David’s Sling 35 Joint Strike Fighter Aircraft. SUMMARY: This notice announces a Weapon System. The U.S. government is prepared to license meeting of the Commercial Space The U.S. government is prepared to license the export of these items having taken into Transportation Advisory Committee for the export of these items having taken into account political, military, economic, human March 23, 2021. account political, military, economic, human rights, and arms control considerations. rights, and arms control considerations. More detailed information is contained in DATES: The March 23, 2021 meeting will More detailed information is contained in the formal certification which, though be held from 9:30 a.m. to 4:00 p.m. the formal certification which, though unclassified, contains business information Requests to attend the meeting must unclassified, contains business information submitted to the Department of State by the be received by March 9, 2021.

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Requests for accommodations to a There will be at least thirty minutes 0.0 to SK 11.9, on the Blue Ridge disability must be received by March 16, allotted for oral comments from Division. This area includes control 2021. members of the public joining a points (CPs) Hotwater Road, Paul Green, Requests to speak during the meeting COMSTAC meeting. To accommodate as Itmann, Clevenger, New Richmond, must be submitted by March 9, 2021 to many speakers as possible, the time for Jazbo, Pinnacle Junction, Pineville, DOT and include a written copy of their each commenter may be limited. Rockview, Kepler, Mada, Aliff, Indian remarks. Registrants in the Zoom Individuals wishing to reserve speaking Creek, Simon, Morri Branch Junction, meeting room will have the opportunity time during the meeting must submit a Lincoln, Cub Creek Junction, Gilbert, to interact directly with committee request at the time of registration, as Neds, Ben Creek, Pekin, Plunkett, members. well as the name, address, and Oceana, and eleven automatic signals. Requests to submit written materials organizational affiliation of the The main track between MP GR 0.5 and to be reviewed during the meeting must proposed speaker. If the number of MP GR 42.5, MP GB 0.5 to MP GB 11.1, be received by DOT no later than March registrants requesting to make and MP SK 0.0 to SK 11.9 will be 9, 2021. statements is greater than can be converted to NS Rule 171 operation. ADDRESSES: The March 23, 2021 reasonably accommodated during the Operable approach signals will be meeting will be an internet-only meeting, the FAA Office of Commercial placed at MP GR 2.3 in approach to CP meeting. No physical meeting is Space Transportation may conduct a Elmore and No. 1 Crossover and MP GB planned. Instructions on how to attend lottery to determine the speakers. 2.0 in approach to CP Jerry. The the meeting, copies of meeting minutes, Speakers are requested to submit a signaled sidings within application and a detailed agenda will be posted on written copy of their prepared remarks limits will be made non-controlled, the COMSTAC website at: https:// for inclusion in the meeting records and other than main track. All slide fences www.faa.gov/space/additional_ for circulation to COMSTAC members. within the application limits will be information/comstac/. All prepared remarks submitted on time retired. FOR FURTHER INFORMATION CONTACT: will be accepted and considered as part NS states the reason for the proposed James Hatt, Designated Federal Officer, of the record. Any member of the public discontinuance is that operations no U.S. Department of Transportation, at may present a written statement to the longer require TCS. [email protected], (202) 549–2325. committee at any time. A copy of the petition, as well as any Any committee related request should Issued in Washington, DC. written communications concerning the be sent to the person listed in this * * * * * petition, is available for review online at section. www.regulations.gov. Dated: February 10, 2021. Interested parties are invited to SUPPLEMENTARY INFORMATION: James A. Hatt, participate in these proceedings by I. Background Designated Federal Officer, Commercial submitting written views, data, or The Commercial Space Space Transportation Advisory Committee, comments. FRA does not anticipate Federal Aviation Administration, Department scheduling a public hearing in Transportation Advisory Committee was of Transportation. created under the Federal Advisory connection with these proceedings since [FR Doc. 2021–03082 Filed 2–16–21; 8:45 am] Committee Act (FACA), in accordance the facts do not appear to warrant a with Public Law 92–463. Since its BILLING CODE P hearing. If any interested parties desire inception, industry-led COMSTAC has an opportunity for oral comment and a public hearing, they should notify FRA, provided information, advice, and DEPARTMENT OF TRANSPORTATION recommendations to the U.S. in writing, before the end of the comment period and specify the basis Department of Transportation through Federal Railroad Administration FAA regarding technology, business, for their request. and policy issues relevant to oversight [Docket Number FRA–2021–0016] All communications concerning these of the U.S. commercial space proceedings should identify the transportation sector. Notice of Application for Approval of appropriate docket number and may be Discontinuance or Modification of a submitted by any of the following II. Proposed Agenda Railroad Signal System methods: • Website: http:// DOT/FAA Welcome Remarks Under part 235 of title 49 Code of VIP Remarks www.regulations.gov. Follow the online FAA Updates Federal Regulations (CFR) and 49 U.S.C. instructions for submitting comments. Review of Taskers Assigned at Previous 20502(a), this document provides the • Fax: 202–493–2251. Meetings/COMSTAC Final public notice that on January 26, 2021, • Mail: Docket Operations Facility, Recommendations Norfolk Southern Corporation (NS) U.S. Department of Transportation Public Comment petitioned the Federal Railroad (DOT), 1200 New Jersey Ave. SE, W12– Future COMSTAC Business Administration (FRA) seeking approval 140, Washington, DC 20590. to discontinue or modify a signal • Hand Delivery: 1200 New Jersey III. Public Participation system. FRA assigned the petition Ave. SE, Room W12–140, Washington, The meeting listed in this notice will Docket Number FRA–2021–0016. DC 20590, between 9 a.m. and 5 p.m., be open to the public. The US Applicant: Norfolk Southern Monday through Friday, except Federal Department of Transportation is Corporation, Tommy A. Phillips, Senior Holidays. committed to providing equal access to Director—C&S Operations, 1200 Communications received by April 5, this meeting for all participants. If you Peachtree Street NE, Atlanta, GA 30309. 2021 will be considered by FRA before need alternative formats or services Specifically, NS requests permission final action is taken. Comments received because of a disability, such as sign to discontinue a traffic control system after that date will be considered if language, interpretation, or other (TCS) on the Guyandot River Branch practicable. Anyone can search the ancillary aids, please contact the person Line, from milepost (MP) GR 0.2 to MP electronic form of any written listed in the FOR FURTHER INFORMATION GR 42.5 and MP GB 11.4 to MP GB 0.5, communications and comments CONTACT section. and the Morri Branch Line, from MP SK received into any of our dockets by the

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name of the individual submitting the A copy of the petition, as well as any DEPARTMENT OF TRANSPORTATION comment (or signing the document, if written communications concerning the submitted on behalf of an association, petition, is available for review online at Federal Railroad Administration business, labor union, etc.). Under 5 www.regulations.gov. [Docket Number FRA–2021–0013] U.S.C. 553(c), DOT solicits comments Interested parties are invited to from the public to better inform its participate in these proceedings by Notice of Application for Approval of processes. DOT posts these comments, submitting written views, data, or Discontinuance or Modification of a without edit, including any personal comments. FRA does not anticipate Railroad Signal System information the commenter provides, to scheduling a public hearing in Under part 235 of title 49 Code of www.regulations.gov, as described in connection with these proceedings since Federal Regulations (CFR) and 49 U.S.C. the system of records notice (DOT/ALL– the facts do not appear to warrant a 20502(a), this document provides the 14 FDMS), which can be reviewed at hearing. If any interested parties desire public notice that on January 18, 2021, https://www.transportation.gov/privacy. an opportunity for oral comment and a Norfolk Southern Corporation (NS) See also https://www.regulations.gov/ public hearing, they should notify FRA, petitioned the Federal Railroad privacyNotice for the privacy notice of in writing, before the end of the Administration (FRA) seeking approval regulations.gov. comment period and specify the basis to discontinue or modify a signal Issued in Washington, DC. for their request. system. FRA assigned the petition John Karl Alexy, All communications concerning these Docket Number FRA–2021–0013. Associate Administrator for Railroad Safety, proceedings should identify the Applicant: Norfolk Southern Chief Safety Officer. appropriate docket number and may be Corporation, Tommy A. Phillips, Senior [FR Doc. 2021–03078 Filed 2–16–21; 8:45 am] submitted by any of the following Director—C&S Operations, 1200 BILLING CODE 4910–06–P methods: Peachtree Street NE, Atlanta, GA 30309. • Website: http:// Specifically, NS requests permission www.regulations.gov. Follow the online to discontinue a traffic control system DEPARTMENT OF TRANSPORTATION instructions for submitting comments. (TCS) on the Bloomington District of the Federal Railroad Administration • Fax: 202–493–2251. Midwest Division, from milepost (MP) • C113.3 to MP C153.0. This segment [Docket Number FRA–2021–0014] Mail: Docket Operations Facility, U.S. Department of Transportation includes control points Goembel, (DOT), 1200 New Jersey Ave. SE, W12– Osman, Mansfield, Lodge, Mills, and Notice of Application for Approval of eight automatic signals. The main track Discontinuance or Modification of a 140, Washington, DC 20590. • between MP C113.3 and MP C153.0 will Railroad Signal System Hand Delivery: 1200 New Jersey be converted to NS Rule 171 operation. Ave. SE, Room W12–140, Washington, Under part 235 of title 49 Code of Two automatic signals at C116.0 and DC 20590, between 9 a.m. and 5 p.m., Federal Regulations (CFR) and 49 U.S.C. C149.4 will be converted to operable Monday through Friday, except Federal 20502(a), this document provides the approach signals. public notice that on January 19, 2021, Holidays. NS states the reason for the proposed Norfolk Southern Corporation (NS) Communications received by April 5, discontinuance is that operations no petitioned the Federal Railroad 2021 will be considered by FRA before longer require TCS. Administration (FRA) seeking approval final action is taken. Comments received A copy of the petition, as well as any to discontinue or modify a signal after that date will be considered if written communications concerning the system. FRA assigned the petition practicable. petition, is available for review online at Docket Number FRA–2021–0014. Anyone can search the electronic www.regulations.gov. Applicant: Norfolk Southern form of any written communications Interested parties are invited to Corporation, Tommy A. Phillips, Senior and comments received into any of our participate in these proceedings by Director—C&S Operations, 1200 dockets by the name of the individual submitting written views, data, or Peachtree Street NE, Atlanta, GA 30309. submitting the comment (or signing the comments. FRA does not anticipate Specifically, NS requests permission document, if submitted on behalf of an scheduling a public hearing in to discontinue a traffic control system association, business, labor union, etc.). connection with these proceedings since (TCS) on the Dry Fork Branch of the Under 5 U.S.C. 553(c), DOT solicits the facts do not appear to warrant a Blue Ridge Division, from milepost (MP) comments from the public to better hearing. If any interested parties desire 10.3 to MP 144.4. This segment includes inform its processes. DOT posts these an opportunity for oral comment and a control points (CPs) Kelly, Mile Branch, comments, without edit, including any public hearing, they should notify FRA, Garland, Lester, Atwell, Yukon, Lomax, personal information the commenter in writing, before the end of the Rift, Jacobs Fork, Alpha, Dawson, Beech provides, to www.regulations.gov, as comment period and specify the basis Fork, Asbury, and ten automatic signals. described in the system of records for their request. The main track between MP 10.3 and notice (DOT/ALL–14 FDMS), which can All communications concerning these MP 144.4 will be converted to NS Rule be reviewed at https:// proceedings should identify the 171 operation. Operable approach www.transportation.gov/privacy. See appropriate docket number and may be signals will be placed at MP 112.4 and also https://www.regulations.gov/ submitted by any of the following MP142.8 in approach to CPs Auville privacyNotice for the privacy notice of methods: • and Dry Fork Branch. The signaled regulations.gov. Website: http:// sidings within the application limits www.regulations.gov. Follow the online will be made non-controlled, other than Issued in Washington, DC. instructions for submitting comments. main track. All slide fences within the John Karl Alexy, • Fax: 202–493–2251. application limits will be retired. Associate Administrator for Railroad Safety, • Mail: Docket Operations Facility, NS states the reason for the proposed Chief Safety Officer. U.S. Department of Transportation discontinuance is that operations no [FR Doc. 2021–03077 Filed 2–16–21; 8:45 am] (DOT), 1200 New Jersey Ave. SE, W12– longer require TCS. BILLING CODE 4910–06–P 140, Washington, DC 20590.

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• Hand Delivery: 1200 New Jersey requests a waiver of certain provisions All communications concerning these Ave. SE, Room W12–140, Washington, found in appendix E to 49 CFR part 222, proceedings should identify the DC 20590, between 9 a.m. and 5 p.m., Paragraphs 4 and 6, to allow a minimum appropriate docket number and may be Monday through Friday, except Federal sound level of 80 dB(A) and direction of submitted by any of the following Holidays. the PAWS. The seven crossings that are methods: Communications received by April 5, the subject of this waiver are: • Website: http:// 2021 will be considered by FRA before • Dije Court—US DOT Number www.regulations.gov. Follow the online final action is taken. Comments received 922847D—MP 203.95—pedestrian—3 instructions for submitting comments. after that date will be considered if PAWS • Fax: 202–493–2251. practicable. • El Portal—US DOT Number • Mail: Docket Operations Facility, Anyone can search the electronic 922848K—MP 204.04—pedestrian—2 U.S. Department of Transportation form of any written communications PAWS (DOT), 1200 New Jersey Ave. SE, W12– and comments received into any of our • Corto Lane—US DOT Number 140, Washington, DC 20590. dockets by the name of the individual 026977D—MP 204.56—pedestrian—3 • Hand Delivery: 1200 New Jersey submitting the comment (or signing the PAWS Ave. SE, Room W12–140, Washington, • document, if submitted on behalf of an Pier Service Road—US DOT Number DC 20590, between 9 a.m. and 5 p.m., association, business, labor union, etc.). 026997P—MP 204.73—private—4 Monday through Friday, except Federal PAWS Under 5 U.S.C. 553(c), DOT solicits • Holidays. comments from the public to better T Street—US DOT Number 922849S— Communications received by March MP 205.16—pedestrian—3 PAWS inform its processes. DOT posts these • 19, 2021 will be considered by FRA comments, without edit, including any Lost Winds—US DOT Number before final action is taken. Comments personal information the commenter 922850L—MP 205.56—pedestrian—2 received after that date will be provides, to www.regulations.gov, as PAWS considered if practicable. • Calafia—US DOT Number 026637S— described in the system of records Anyone can search the electronic MP 206.00—pedestrian—2 PAWS notice (DOT/ALL–14 FDMS), which can form of any written communications be reviewed at https:// On April 14, 2015, FRA granted the and comments received into any of our www.transportation.gov/privacy. See City and Metrolink regulatory relief dockets by the name of the individual also https://www.regulations.gov/ from the requirements of § 222.59(a)(1), submitting the comment (or signing the privacyNotice for the privacy notice of and part 222, appendix E, as described document, if submitted on behalf of an above, for a five-year period. See Docket regulations.gov. association, business, labor union, etc.). Number FRA–2014–0081. By letter Under 5 U.S.C. 553(c), DOT solicits Issued in Washington, DC. dated April 27, 2020, the City sought a comments from the public to better John Karl Alexy, five-year extension of the previously inform its processes. DOT posts these Associate Administrator for Railroad Safety, granted relief, which FRA denied in a comments, without edit, including any Chief Safety Officer. letter dated November 24, 2020. FRA’s personal information the commenter [FR Doc. 2021–03076 Filed 2–16–21; 8:45 am] letter noted the City’s late request, the provides, to www.regulations.gov, as lack of a joint request with Metrolink as BILLING CODE 4910–06–P described in the system of records required by 49 CFR 222.15, and notice (DOT/ALL–14 FDMS), which can concerns regarding the operation of the be reviewed at https:// DEPARTMENT OF TRANSPORTATION PAWS, the condition of the pedestrian swing gates, and sediment buildup at www.transportation.gov/privacy. See Federal Railroad Administration nearby fencing. See FRA–2020–0038– also https://www.regulations.gov/ privacyNotice for the privacy notice of [Docket Number FRA–2020–0038] 0004. The current joint petition seeks a five- regulations.gov. Petition for Waiver of Compliance year extension of relief from the above- Issued in Washington, DC. stated requirements, and the City and John Karl Alexy, Under part 211 of title 49 Code of Metrolink have provided maintenance Associate Administrator for Railroad Safety, Federal Regulations (CFR), this and communication plans to support Chief Safety Officer. document provides the public notice their petition. [FR Doc. 2021–03075 Filed 2–16–21; 8:45 am] that on December 11, 2020, the City of A copy of the petition, as well as any BILLING CODE 4910–06–P San Clemente, California, (the City) and written communications concerning the Southern California Regional Rail petition, is available for review online at Authority (Metrolink) petitioned the www.regulations.gov. The Docket DEPARTMENT OF TRANSPORTATION Federal Railroad Administration (FRA) Operations Facility is open from 9 a.m. for a waiver of compliance from certain to 5 p.m., Monday through Friday, Federal Railroad Administration provisions of the Federal railroad safety except Federal Holidays. regulations contained at 49 CFR part Interested parties are invited to [Docket Number FRA–2021–0018] 222, Use of Locomotive Horns at Public participate in these proceedings by Petition for Waiver of Compliance Highway-Rail Grade Crossings. FRA submitting written views, data, or assigned the petition Docket Number comments. FRA does not anticipate Under part 211 of title 49 of the Code FRA–2020–0038. scheduling a public hearing in of Federal Regulations (CFR), this Specifically, the City and Metrolink connection with these proceedings since document provides the public notice jointly seek relief from the requirements the facts do not appear to warrant a that on January 26, 2021, Norfolk of 49 CFR 222.59(a)(1), to allow use of hearing. If any interested parties desire Southern Corporation (NS), petitioned a Pedestrian Audible Warning System an opportunity for oral comment and a the Federal Railroad Administration (PAWS), which is similar to a wayside public hearing, they should notify FRA, (FRA) for a waiver of compliance from horn, when approaching seven in writing, before the end of the certain provisions of the Federal highway-rail grade crossings, instead of comment period and specify the basis railroad safety regulations contained at a locomotive horn. The City also for their request. 49 CFR part 236, Rules, Standards, and

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Instructions Governing the Installation, after that date will be considered if possible. You may submit comments by Inspection, Maintenance, and Repair of practicable. any of the following methods: Signal and Train Control Systems, Anyone can search the electronic • Email: [email protected]. Devices, and Appliances. FRA assigned form of any written communications • Mail: Chief Counsel’s Office, the petition Docket Number FRA–2021– and comments received into any of our Attention: Comment Processing, Office 0018. dockets by the name of the individual of the Comptroller of the Currency, Specifically, NS requests relief from submitting the comment (or signing the Attention: 1557–0224, 400 7th Street 49 CFR 236.566, Locomotive of each document, if submitted on behalf of an SW, suite 3E–218, Washington, DC train operating in train stop, train association, business, labor union, etc.). 20219. control or cab signal territory; equipped. Under 5 U.S.C. 553(c), DOT solicits • Hand Delivery/Courier: 400 7th The relief is requested for the Port Road comments from the public to better Street SW, suite 3E–218, Washington, Line in the Keystone Division, from inform its processes. DOT posts these DC 20219. control point (CP) Perryville milepost comments, without edit, including any • Fax: (571) 465–4326. (MP) PD 0.0 to MP PD 39.7. NS seeks personal information the commenter Instructions: You must include to operate positive train control (PTC) provides, to www.regulations.gov, as ‘‘OCC’’ as the agency name and ‘‘1557– equipped locomotives, that are not described in the system of records 0224’’ in your comment. In general, the equipped with cab signal system notice (DOT/ALL–14 FDMS), which can OCC will publish comments on equipment, in cab signal system be reviewed at https:// www.reginfo.gov without change, territory. www.transportation.gov/privacy. See including any business or personal PTC-equipped locomotives are to be also http://www.regulations.gov/ information provided, such as name and used in switching, transfer service, with #!privacyNotice for the privacy notice of address information, email addresses, or or without cars, manifest trains, work regulations.gov. phone numbers. Comments received, trains, wreck trains, ballast cleaners to Issued in Washington, DC. including attachments and other and from work, and engines and rail John Karl Alexy, supporting materials, are part of the diesel cars moving to and from shops Associate Administrator for Railroad Safety, public record and subject to public with all movements made at timetable Chief Safety Officer. disclosure. Do not include any speed. NS states that if a PTC-equipped [FR Doc. 2021–03080 Filed 2–16–21; 8:45 am] information in your comment or locomotive experiences an en route supporting materials that you consider BILLING CODE 4910–06–P failure, then 49 CFR 236.1029, PTC confidential or inappropriate for public system use and failures, would apply. disclosure. A copy of the petition, as well as any You may review comments and other DEPARTMENT OF THE TREASURY written communications concerning the related materials that pertain to this petition, is available for review online at Office of the Comptroller of the information collection beginning on the http://www.regulations.gov. Currency date of publication of the second notice Interested parties are invited to for this collection 1 by the following participate in these proceedings by Agency Information Collection method: submitting written views, data, or Requirements: Information Collection • Viewing Comments Electronically: comments. FRA does not anticipate Renewal; Comment Request; Debt Go to www.reginfo.gov. Click on the scheduling a public hearing in Cancellation Contracts and Debt ‘‘Information Collection Review’’ tab. connection with these proceedings since Suspension Agreements Underneath the ‘‘Currently under the facts do not appear to warrant a Review’’ section heading, from the drop- hearing. If any interested parties desire AGENCY: Office of the Comptroller of the down menu select ‘‘Department of an opportunity for oral comment and a Currency (OCC), Treasury. Treasury’’ and then click ‘‘submit.’’ This public hearing, they should notify FRA, ACTION: Notice and request for comment. information collection can be located by in writing, before the end of the searching by OMB control number comment period and specify the basis SUMMARY: The OCC, as part of its ‘‘1557–0224’’ or ‘‘Debt Cancellation for their request. continuing effort to reduce paperwork Contracts and Debt Suspension All communications concerning these and respondent burden, invites the Agreements.’’ proceedings should identify the general public and other Federal Upon finding the appropriate appropriate docket number and may be agencies to take this opportunity to information collection, click on the submitted by any of the following comment on a continuing information related ‘‘ICR Reference Number.’’ On the methods: collection as required by the Paperwork next screen, select ‘‘View Supporting • Website: http:// Reduction Act of 1995 (PRA). In Statement and Other Documents’’ and www.regulations.gov. Follow the online accordance with the requirements of the then click on the link to any comment instructions for submitting comments. PRA, the OCC may not conduct or listed at the bottom of the screen. sponsor, and the respondent is not • Fax: 202–493–2251. • For assistance in navigating required to respond to, an information • Mail: Docket Operations Facility, www.reginfo.gov, please contact the collection unless it displays a currently U.S. Department of Transportation Regulatory Information Service Center valid Office of Management and Budget (DOT), 1200 New Jersey Ave. SE, W12– at (202) 482–7340. (OMB) control number. Currently, the 140, Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: • Hand Delivery: 1200 New Jersey OCC is soliciting comment concerning the renewal of an information collection Shaquita Merritt, OCC Clearance Ave. SE, Room W12–140, Washington, Officer, (202) 649–5490, Legislative and DC 20590, between 9 a.m. and 5 p.m., titled ‘‘Debt Cancellation Contracts and Debt Suspension Agreements.’’ Regulatory Activities Division, Office of Monday through Friday, except Federal the Comptroller of the Currency, 400 7th Holidays. DATES: You should submit written comments by: April 19, 2021. Communications received by April 5, 1 Following the close of this notice’s 60-day 2021 will be considered by FRA before ADDRESSES: Commenters are encouraged comment period, the OCC will publish a second final action is taken. Comments received to submit comments by email, if notice with a 30-day comment period.

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Street SW, suite 3E–218, Washington, or refer the customer to the pertinent • Refund of fee paid in lump sum DC 20219. paragraphs in the contract. For example, (short and long form)—If a bank permits SUPPLEMENTARY INFORMATION: Under the the short form disclosure requires a a customer to pay the fee in a single PRA (44 U.S.C. 3501–3520), Federal bank to instruct the customer to read payment and add the fee to the amount agencies must obtain approval from carefully both the long form disclosures borrowed, the bank must disclose its OMB for each collection of information and the contract for a full explanation cancellation policy. The disclosure they conduct or sponsor. ‘‘Collection of of the contract terms, while the long informs the customer of the bank’s information’’ is defined in 44 U.S.C. form gives a bank the option of either: refund policy, as applicable, i.e., that 3502(3) and 5 CFR 1320.3(c) to include (i) Summarizing the limitations; or (ii) the DCC or DSA may be: (i) Cancelled agency requests or requirements that advising the customer that a complete at any time for a refund; (ii) cancelled members of the public submit reports, explanation of the Eligibility within a specified number of days for a keep records, or provide information to requirements, conditions, and full refund; or (iii) cancelled at any time a third party. Section 3506(c)(2)(A) of exclusions is available in the contract with no refund. title 44 (44 U.S.C. 3506(c)(2)(A)) and identifying the paragraphs where • Whether use of a card or credit line requires Federal agencies to provide a the customer may find that information. is restricted (long form)—A bank must 60-day notice in the Federal Register Section 37.6 and appendices A and B inform a customer if the customer’s concerning each proposed collection of to part 37 require a bank to provide the activation of the contract would prohibit information, including each proposed following disclosures (summarized the customer from incurring additional extension of an existing collection of below), as appropriate: charges on the credit card or using the information, before submitting the • credit line. Anti-tying (short and long form) • collection to OMB for approval. To —A bank must inform the customer that Termination of a DCC or DSA (long comply with this requirement, the OCC purchase of the product is optional and form)—If termination is permitted is publishing notice of the renewal of that neither the bank’s decision whether during the life of the loan, a bank must include an explanation of the the information collection set forth in to approve the loan nor the terms and circumstances under which a customer this document. conditions of the loan are conditioned Title: Debt Cancellation Contracts and or the bank may terminate the contract. on the purchase of a DCC or DSA. • Debt Suspension Agreements. • Additional disclosures (short Explanation of debt suspension form)—A bank must inform customers OMB Control No.: 1557–0224. agreement (long form)—A bank must Description: Twelve U.S.C. that it will provide additional disclose that if a customer activates the 24(Seventh) authorizes a national bank information before the customer is agreement, the customer’s duty to pay (bank) to enter into Debt Cancellation required to pay for the product. the loan principal and interest is only Contracts (DCCs) and Debt Suspension • Eligibility requirements, conditions, suspended and the customer must fully Agreements (DSAs). Twelve CFR part 37 and exclusions (short and long form)— repay the loan after the period of requires banks to disclose information A bank must describe any material suspension has expired. about a DCC or DSA using either a short limitations relating to the DCC or DSA. • Amount of the fee (long form)—A or long form disclosure. The short form Section 37.7 disclosure usually is made orally and bank must make disclosures regarding issued at the time a bank first solicits the amount of the fee. The content of the Section 37.7 requires a bank to obtain the purchase of a contract. The long disclosure depends on whether the a customer’s written affirmative election form disclosure usually is made in credit is open-end or closed-end. In the to purchase a contract and written writing and issued before the customer case of closed-end credit, the bank must acknowledgment of receipt of the completes the purchase of the contract. disclose the total fee. In the case of disclosures required by § 37.6. The There are special rules for transactions open-end credit, the bank must either: section further provides that the by telephone, solicitations using written (i) Disclose that the periodic fee is based election and acknowledgment must be mail inserts or ‘‘take one’’ applications, on the account balance multiplied by a conspicuous, simple, direct, readily and electronic transactions. Part 37 unit cost and provide the unit cost; or understandable, and designed to call provides two model forms of disclosure (ii) disclose the formula used to attention to their significance. Pursuant for satisfying the requirements of the compute the fee. to § 37.7(b), if the sale of the contract • rule. Use of the forms is not mandatory, Lump sum payment of fee (short occurs by telephone, the customer’s and the regulation permits a bank to and long form)—A bank must disclose, affirmative election to purchase and adjust the form and wording of its where appropriate, that a customer has acknowledgment of receipt of the disclosures so long as it meets the the option to pay the fee in a single required short form may be made orally, applicable requirements. The payment or in periodic payments and provided the bank: (i) Maintains requirements of part 37 enhance that adding the fee to the amount sufficient documentation to show that consumer protections for customers borrowed will increase the cost of the the customer received the short form who purchase DCCs and DSAs from contract. This disclosure is not disclosures and then affirmatively banks and ensure that banks offer these appropriate in the case of a DCC or DSA elected to purchase the contract; (ii) products in a safe and sound manner by provided in connection with a home mails the affirmative written election requiring them to effectively manage mortgage loan where the option to pay and written acknowledgment, together their risk exposure. the fee in a single payment is not with the long form disclosures required available. by § 37.6, to the customer within 3 Section 37.6 • Lump sum payment of fee with no business days after the telephone Section 37.6 requires the disclosures refund (short and long form)—A bank solicitation and maintains sufficient to be readily understandable and must disclose that the customer has the documentation to show it made meaningful. The content of the short option to choose a contract with or reasonable efforts to obtain the and long form may vary, depending on without a refund provision. This documents from the customer; and (iii) whether a bank elects to provide a disclosure must also state that the prices permits the customer to cancel the summary of the conditions and of refund and no-refund products are purchase of the contract without penalty exclusions in the long form disclosures likely to differ. within 30 days after the bank has mailed

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the long form disclosures to the DEPARTMENT OF THE TREASURY The following paragraph applies to all customer. of the collections of information covered Internal Revenue Service Pursuant to § 37.7(c), if the DCC or by this notice: DSA is solicited through written An agency may not conduct or Proposed Collection; Comment sponsor, and a person is not required to materials such as mail inserts or ‘‘take Request for TD 8383 one’’ applications and the bank provides respond to, a collection of information only the short form disclosures in the AGENCY: Internal Revenue Service (IRS), unless the collection of information displays a valid OMB control number. written materials, then the bank shall Treasury. Books or records relating to a collection mail the acknowledgment, together with ACTION: Notice and request for of information must be retained as long the long form disclosures, to the comments. as their contents may become material customer. The bank may not obligate the SUMMARY: The Internal Revenue Service, in the administration of any internal customer to pay for the contract until as part of its continuing effort to reduce revenue law. Generally, tax returns and after the bank has received the paperwork and respondent burden, tax return information are confidential, customer’s written acknowledgment of invites the general public and other as required by 26 U.S.C. 6103. receipt of disclosures, unless the bank Federal agencies to take this Request for Comments: Comments takes certain steps, maintains certain opportunity to comment on information submitted in response to this notice will documentation, and permits the collections, as required by the be summarized and/or included in the customer to cancel the purchase within Paperwork Reduction Act of 1995. The request for OMB approval. All 30 days after mailing the long form IRS is soliciting comments concerning comments will become a matter of disclosures to the customer. Section disclosure of tax return information for public record. Comments are invited on: 37.7(d) permits the customer’s purposes of quality or peer reviews, (a) Whether the collection of affirmative election and disclosure of tax return information due information is necessary for the proper acknowledgment to be made to incapacity or death of tax return performance of the functions of the electronically. preparer. agency, including whether the Type of Review: Regular. DATES: Written comments should be information shall have practical utility; (b) the accuracy of the agency’s estimate Affected Public: Businesses or other received on or before April 19, 2021 to be assured of consideration. of the burden of the collection of for-profit. information; (c) ways to enhance the ADDRESSES: Number of Respondents: 1,098. Direct all written comments quality, utility, and clarity of the to Kinna Brewington, Internal Revenue information to be collected; (d) ways to Total Annual Burden Hours: 26,352 Service, Room 6526, 1111 Constitution hours. minimize the burden of the collection of Avenue NW, Washington, DC 20224. information on respondents, including Comments submitted in response to FOR FURTHER INFORMATION CONTACT: through the use of automated collection this notice will be summarized and Requests for additional information or techniques or other forms of information included in the request for OMB copies of the information collection technology; and (e) estimates of capital approval. All comments will become a should be directed to Sara Covington, or start-up costs and costs of operation, matter of public record. Comments are (737) 800–6149, at Internal Revenue maintenance, and purchase of services invited on: Service, Room 6526, 1111 Constitution to provide information. Avenue NW, Washington, DC 20224, or (a) Whether the collection of Approved: February 11, 2021. information is necessary for the proper through the internet at [email protected]. Sara L. Covington, performance of the functions of the IRS Tax Analyst. SUPPLEMENTARY INFORMATION: OCC, including whether the information [FR Doc. 2021–03142 Filed 2–16–21; 8:45 am] shall have practical utility; Title: Disclosure of Tax Return Information for Purposes of Quality or BILLING CODE 4830–01–P (b) The accuracy of the OCC’s Peer Reviews, Due to Incapacity or estimate of the burden of the collection Death of Tax Return Preparer. DEPARTMENT OF THE TREASURY of information; OMB Number: 1545–1209. Regulation (c) Ways to enhance the quality, Project Number: TD 8383. Internal Revenue Service utility, and clarity of the information to Abstract: These regulations govern the be collected; circumstances under which tax return Proposed Collection; Comment information may be disclosed for (d) Ways to minimize the burden of Request for Form 8971 purposes of conducting quality or peer the collection on respondents, including reviews, and disclosures that are AGENCY: Internal Revenue Service (IRS), through the use of automated collection necessary because of the tax return Treasury. techniques or other forms of information preparer’s death or incapacity. ACTION: Notice and request for technology; and Current Actions: There is no change to comments. (e) Estimates of capital or start-up this existing regulation. costs and costs of operation, Type of Review: Extension of SUMMARY: The Internal Revenue Service, maintenance, and purchase of services currently approved collection. as part of its continuing effort to reduce to provide information. Affected Public: Business or other for- paperwork and respondent burden, profit organizations. invites the general public and other Theodore J. Dowd, Estimated Number of Respondents: Federal agencies to take this Deputy Chief Counsel, Office of the 250,000. opportunity to comment on information Comptroller of the Currency. Estimated Time per Respondent: 1 collections, as required by the [FR Doc. 2021–03125 Filed 2–16–21; 8:45 am] hour. Paperwork Reduction Act of 1995. The BILLING CODE 4810–33–P Estimated Total Annual Burden IRS is soliciting comments concerning Hours: 250,000. Form 8971, Information Regarding

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Beneficiaries Acquiring Property from a An agency may not conduct or DATES: Written comments should be Decedent. sponsor, and a person is not required to received on or before April 19, 2021 to DATES: Written comments should be respond to, a collection of information be assured of consideration. received on or before April 19, 2021 to unless the collection of information ADDRESSES: Direct all written comments be assured of consideration. displays a valid OMB control number. to Kinna Brewington, Internal Revenue ADDRESSES: Direct all written comments Books or records relating to a collection Service, Room 6526, 1111 Constitution to Kinna Brewington, Internal Revenue of information must be retained as long Avenue NW, Washington, DC 20224. Service, Room 6526, 1111 Constitution as their contents may become material FOR FURTHER INFORMATION CONTACT: Avenue NW, Washington, DC 20224. in the administration of any internal Requests for additional information or Requests for additional information or revenue law. Generally, tax returns and copies of the form and instructions copies of the form(s) and instructions tax return information are confidential, should be directed to Sara Covington, should be directed to Sara Covington, as required by 26 U.S.C. 6103. (737) 800–6149, at Internal Revenue (737) 800–6149 Internal Revenue Request for Comments: Comments Service, Room 6526, 1111 Constitution Service, Room 6526, 1111 Constitution submitted in response to this notice will Avenue NW, Washington DC 20224, or Avenue NW, Washington, DC 20224, or be summarized and/or included in the through the internet, at through the internet at request for OMB approval. All [email protected]. [email protected]. comments will become a matter of SUPPLEMENTARY INFORMATION: The IRS is SUPPLEMENTARY INFORMATION: public record. Comments are invited on: seeking comments concerning the Title: Information Regarding (a) Whether the collection of following form, and reporting and Beneficiaries Acquiring Property from a information is necessary for the proper record-keeping requirements: Decedent. performance of the functions of the Title: PTIN Supplemental Application OMB Number: 1545–2264. agency, including whether the for U.S. Citizens Without A Social Form Number: 8971. information shall have practical utility; Security Number Due To Conscientious Abstract: The Surface Transportation (b) the accuracy of the agency’s estimate Religious Objection. and Veterans Health Care Choice of the burden of the collection of OMB Number: 1545–2188. Improvement Act of 2015 requires information; (c) ways to enhance the Form Number: 8945. executors of an estate and other persons quality, utility, and clarity of the Abstract: Form 8945 is used by U. S. who are required to file a Form 706, information to be collected; (d) ways to citizens who are members of certain Form 706–NA, or Form 706–A, to report minimize the burden of the collection of recognized religious groups that want to to the Internal Revenue Service (IRS) information on respondents, including prepare tax returns for compensation. and to each beneficiary receiving through the use of automated collection Most individuals applying for a Preparer property from an estate the estate tax techniques or other forms of information Tax Identification Number (PTIN) will value of the property, if the return is technology; and (e) estimates of capital have a social security number, which filed after July 31, 2015. Form 8971 is or start-up costs and costs of operation, will be used to help establish their used to report to the IRS and a Schedule maintenance, and purchase of services identity. However, there exists a A will be sent to each beneficiary and to provide information. population of U.S. residents that are a copy of each Schedule A will be Approved: February 2, 2021. religious objectors and do not have attached to the Form 8971. Some Sara L. Covington, social security numbers. Form 8945 was property received by a beneficiary may IRS Tax Analyst. created to assist that population in have a consistency requirement, [FR Doc. 2021–03136 Filed 2–16–21; 8:45 am] establishing their identity while meaning that the beneficiary must use applying for a PTIN. BILLING CODE 4830–01–P the value reported on the Schedule A as Current Actions: There is no change the beneficiary’s initial basis of the in the paperwork burden previously property. A beneficiary is an individual, DEPARTMENT OF THE TREASURY approved by OMB. This form is being trust, or other estate who has acquired submitted for renewal purposes. (or is expected to acquire) property from Internal Revenue Service Type of Review: Extension of a the estate. If the executor is also a currently approved collection. beneficiary who has acquired (or is Proposed Collection; Comment Affected Public: Businesses and other expected to acquire) property from the Request for Form 8945 for-profit organizations. estate, the executor is a beneficiary for Estimated Number of Respondents: purposes of the Form 8971 and the AGENCY: Internal Revenue Service (IRS), 500. attached Schedule A. Treasury. Estimated Time per Respondent: 7 Current Actions: There are no changes ACTION: Notice and request for hrs., 11 min. being made to the form at this time. comments. Estimated Total Annual Burden Type of Review: Extension of a Hours: 3,590. currently approved collection. Affected SUMMARY: The Internal Revenue Service, The following paragraph applies to all Public: Individuals, Business or other as part of its continuing effort to reduce of the collections of information covered for-profit organization, and not-for- paperwork and respondent burden, by this notice: profit institutions. invites the general public and other An agency may not conduct or Estimated Number of Responses: Federal agencies to take this sponsor, and a person is not required to 10,000. opportunity to comment on information respond to, a collection of information Estimated Time per Response: 20 collections, as required by the unless the collection of information hours. Paperwork Reduction Act of 1995. The displays a valid OMB control number. Estimated Total Annual Burden IRS is soliciting comments concerning Books or records relating to a Hours: 200,000. Form 8945, PTIN Supplemental collection of information must be The following paragraph applies to all Application For U.S. Citizens Without a retained as long as their contents may of the collections of information covered Social Security Number Due to become material in the administration by this notice: Conscientious Religious Objection. of any internal revenue law. Generally,

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tax returns and tax return information Requests for additional information or through the use of automated collection are confidential, as required by 26 copies of the regulations should be techniques or other forms of information U.S.C. 6103. directed to, Sara Covington,(737)800– technology; and (e) estimates of capital Request for Comments: Comments 6149 or at Internal Revenue Service, or start-up costs and costs of operation, submitted in response to this notice will Room 6526, 1111 Constitution Avenue maintenance, and purchase of services be summarized and/or included in the NW, Washington, DC 20224, or through to provide information. request for Office of Management and the internet, at Sara.L.Covington@ Approved: February 3, 2021. Budget (OMB) approval of the relevant irs.gov. Sara L. Covington, information collection. All comments SUPPLEMENTARY INFORMATION: will become a matter of public record. IRS Tax Analyst. Title: Electronic Filing of Form W–4. Please do not include any confidential [FR Doc. 2021–03137 Filed 2–16–21; 8:45 am] OMB Number: 1545–1435. or inappropriate material in your BILLING CODE 4830–01–P Regulation Project Number: T.D. 8706. comments. Comments are invited on: (a) Whether Abstract: Information is required by the collection of information is the Internal Revenue Service to verify DEPARTMENT OF THE TREASURY compliance with regulation section necessary for the proper performance of Internal Revenue Service the functions of the agency, including 31.3402(f)(2)–1(g)(1), which requires whether the information shall have submission to the Service of certain withholding exemption certificates. The Proposed Collection; Comment practical utility; (b) the accuracy of the Request for Form 8804–C and TD 9394 agency’s estimate of the burden of the affected respondents are employers that collection of information; (c) ways to choose to make electronic filing of AGENCY: Internal Revenue Service (IRS), enhance the quality, utility, and clarity Forms W–4 available to their Treasury. of the information to be collected; (d) employees. ACTION: Notice and request for ways to minimize the burden of the Current Actions: There is no change to comments. collection of information on this existing regulation. SUMMARY: The Internal Revenue Service, respondents, including the use of Type of Review: Extension of a as part of its continuing effort to reduce automated collection techniques or currently approved collection. paperwork and respondent burden, other forms of information technology; Affected Public: Business or other for- profit organizations, not for-profit invites the general public and other and (e) estimates of capital or start-up Federal agencies to take this costs and costs of operation, institutions, and Federal, state, local or tribal governments. opportunity to comment on information maintenance, and purchase of services collections, as required by the to provide the requested information. Estimated Number of Respondents: 2,000. Paperwork Reduction Act of 1995. The Approved: January 28, 2021. Estimated Number of Responses: IRS is soliciting comments concerning Sara L. Covington, 160,000. Form 8804–C, Certificate of Partner- IRS Tax Analyst. Estimated Time per Respondent: .25 Level Items to Reduce Section 1446 [FR Doc. 2021–03130 Filed 2–16–21; 8:45 am] hours. Withholding, and TD 9394, Special BILLING CODE 4830–01–P Estimated Total Annual Burden Rules to Reduce Section 1446 Hours: 40,000. Withholding. An agency may not conduct or DATES: Written comments should be DEPARTMENT OF THE TREASURY sponsor, and a person is not required to received on or before April 19, 2021 to respond to, a collection of information be assured of consideration. Internal Revenue Service unless the collection of information ADDRESSES: Direct all written comments Proposed Collection; Comment displays a valid OMB control number. to Kinna Brewington, Internal Revenue Request for TD 8706 Books or records relating to a collection Service, Room 6526, 1111 Constitution of information must be retained as long Avenue NW, Washington, DC 20224. AGENCY: Internal Revenue Service (IRS), as their contents may become material Requests for additional information or Treasury. in the administration of any internal copies of the form and instructions ACTION: Notice and request for revenue law. Generally, tax returns and should be directed to Sara Covington, comments. tax return information are confidential, (737) 800–6149, at Internal Revenue as required by 26 U.S.C. 6103. Service, Room 6526, 1111 Constitution SUMMARY: The Internal Revenue Service, Request for Comments: Comments Avenue NW, Washington, DC 20224, or as part of its continuing effort to reduce submitted in response to this notice will through the internet at paperwork and respondent burden, be summarized and/or included in the [email protected]. invites the general public and other request for OMB approval. All SUPPLEMENTARY INFORMATION: Federal agencies to take this comments will become a matter of Title: Certificate of Partner-Level opportunity to comment on continuing public record. Comments are invited on: Items to Reduce Section 1446 information collections, as required by (a) Whether the collection of Withholding. the Paperwork Reduction Act of 1995. information is necessary for the proper OMB Number: 1545–1934. The IRS is soliciting comments performance of the functions of the Form Number: Form 8804–C. concerning Electronic Filing of Form agency, including whether the Abstract: Form 8804–C is used by a W–4. information shall have practical utility; foreign partner that voluntary submit to DATES: Written comments should be (b) the accuracy of the agency’s estimate the partnership if it chooses to provide received on or before April 19, 2021 to of the burden of the collection of a certification that could reduce or be assured of consideration. information; (c) ways to enhance the eliminate the partnership’s withholding ADDRESSES: Direct all written comments quality, utility, and clarity of the tax obligation under section 1446 (1446 to Kinna Brewington, Internal Revenue information to be collected; (d) ways to tax) on the partner’s allocable share of Service, Room 6526, 1111 Constitution minimize the burden of the collection of effectively connected income (ECTI) Avenue NW, Washington, DC 20224. information on respondents, including from the partnership.

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Current Actions: There is no change information is necessary for the proper Title: Payout Requirements for Type in the paperwork burden previously performance of the functions of the III Supporting Organizations that are not approved by OMB. This form is being agency, including whether the Functionally Integrated. submitted for renewal purposes only. information shall have practical utility; OMB Number: 1545–2157. Type of Review: Extension of a (b) the accuracy of the agency’s estimate Form Number: TD 9605 (REG– currently approved collection. of the burden of the collection of 155929–06). Affected Public: Businesses and other information; (c) ways to enhance the Abstract: This document contains for-profit organizations, Individuals or quality, utility, and clarity of the final regulations regarding the Households, and Not-for-Profit information to be collected; (d) ways to requirements to qualify as a Type III Organizations. minimize the burden of the collection of supporting organization that is operated Estimated Number of Respondents: information on respondents, including in connection with one or more 1,000. through the use of automated collection supported organizations. The Estimated Time per Respondent: 18 techniques or other forms of information regulations reflect changes to the law hour 42 minutes. technology; and (e) estimates of capital made by the Pension Protection Act of Estimated Total Annual Burden or start-up costs and costs of operation, 2006. The regulations will affect Type Hours: 18,700. maintenance, and purchase of services III supporting organizations and their Title: Special Rules to Reduce Section to provide information. supported organizations. Current Actions: There is no change 1446 Withholding. Approved: February 2, 2021. in the paperwork burden previously OMB Number: 1545–1934. Sara L. Covington, approved by OMB. This collection is Form Number: TD 9394. IRS Tax Analyst. being submitted for renewal purposes Abstract: This document contains [FR Doc. 2021–03135 Filed 2–16–21; 8:45 am] only. final regulations regarding when a BILLING CODE 4830–01–P Type of Review: Extension of a partnership may consider certain currently approved collection. deductions and losses of a foreign Affected Public: Not-for-profit partner to reduce or eliminate the DEPARTMENT OF THE TREASURY institutions, State, Local or Tribal partnership’s obligation to pay Internal Revenue Service Governments. withholding tax under section 1446 on Estimated Number of Respondents: effectively connected taxable income Proposed Information Collection; 11,994. allocable under section 704 to such Estimated Time per Respondent: 2 partner. Comment Request for Regulation Project hours. Current Actions: There is no change Estimated Total Annual Burden in the paperwork burden previously AGENCY: Internal Revenue Service (IRS), Hours: 23,988. approved by OMB. This Form is being Treasury. The following paragraph applies to all submitted for renewal purposes only. ACTION: Notice and request for of the collections of information covered Type of Review: Extension of a comments. by this notice: currently approved collection. An agency may not conduct or Affected Public: Businesses and other SUMMARY: The Internal Revenue Service, sponsor, and a person is not required to for-profit organizations, Individuals or as part of its continuing effort to reduce respond to, a collection of information Households, and Not-for-Profit paperwork and respondent burden, unless the collection of information Organizations. invites the general public and other displays a valid OMB control number. Estimated Number of Respondents: 1. Federal agencies to take this Books or records relating to a collection Estimated Time per Respondent: 1 opportunity to comment on continuing of information must be retained as long Hour. information collections, as required by as their contents may become material Estimated Total Annual Burden the Paperwork Reduction Act of 1995. in the administration of any internal Hours: 1. IRS is soliciting comments concerning revenue law. Generally, tax returns and The following paragraph applies to all Payout Requirements for Type III tax return information are confidential, of the collections of information covered Supporting Organizations that are not as required by 26 U.S.C. 6103. by this notice: Functionally Integrated. Request For Comments: Comments An agency may not conduct or DATES: Written comments should be submitted in response to this notice will sponsor, and a person is not required to received on or before April 19, 2021 to be summarized and/or included in our respond to, a collection of information be assured of consideration. request for Office of Management and unless the collection of information ADDRESSES: Direct all written comments Budget (OMB) approval. All comments displays a valid OMB control number. to Kinna Brewington, Internal Revenue will become a matter of public record. Books or records relating to a Service, Room 6526, 1111 Constitution Please do not include any confidential collection of information must be Avenue NW, Washington, DC 20224. or inappropriate material in your retained as long as their contents may Requests for additional information, comments. become material in the administration or copies of the information collection Comments are invited on: (a) Whether of any internal revenue law. Generally, and instructions, or copies of any the collection of information is tax returns and tax return information comments received, contact Sara necessary for the proper performance of are confidential, as required by 26 Covington, at (737) 800–6149, at the agency’s functions, including U.S.C. 6103. Internal Revenue Service, Room 6526, whether the information has practical Request for Comments: Comments 1111 Constitution Avenue NW, utility; (b) the accuracy of the agency’s submitted in response to this notice will Washington, DC 20224, or through the estimate of the burden of the collection be summarized and/or included in the internet, at [email protected]. of information; (c) ways to enhance the request for OMB approval. All SUPPLEMENTARY INFORMATION: The IRS is quality, utility, and clarity of the comments will become a matter of seeking comments concerning the information to be collected; (d) ways to public record. Comments are invited on: following forms, and reporting and minimize the burden of the collection of (a) Whether the collection of record-keeping requirements: information on respondents, including

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the use of automated collection The Tax Cuts and Jobs Act of 2017 (Pub. DEPARTMENT OF THE TREASURY techniques or other forms of information L. 115–97) amended section 641(c)(2). technology; and (e) estimates of capital As a result, Electing Small Business Internal Revenue Service or start-up costs and costs of operation, Trusts (ESBTs)are no longer subject to maintenance, and purchase of services the charitable information reporting Proposed Collection; Comment to provide information. requirements under section 6034 and do Request for Regulation Project Approved: February 3, 2021. not file Form 1041–A. This form is AGENCY: Internal Revenue Service (IRS), Sara L. Covington, being submitted for renewal purposes Treasury. IRS Tax Analyst. only. ACTION: Notice and request for [FR Doc. 2021–03138 Filed 2–16–21; 8:45 am] Type of Review: Extension of a comments. currently approved collection. BILLING CODE 4830–01–P SUMMARY: The Internal Revenue Service Affected Public: Businesses or other (IRS), as part of its continuing effort to for-profit organizations, and reduce paperwork and respondent DEPARTMENT OF THE TREASURY individuals. burden, invites the general public and Internal Revenue Service Estimated Number of Respondents: other Federal agencies to take this 6,700. opportunity to comment on information collections, as required by the Proposed Collection; Comment Estimated Time per Respondent: 36 Paperwork Reduction Act of 1995. The Request for Form 1041–A hrs, 40 minutes. IRS is soliciting comments concerning AGENCY: Internal Revenue Service (IRS), Estimated Total Annual Burden product liability losses and Treasury. Hours: 245,622. accumulations for product liability ACTION: Notice and request for The following paragraph applies to all losses. comments. of the collections of information covered DATES: Written comments should be SUMMARY: The Internal Revenue Service, by this notice: received on or before April 19, 2021 to as part of its continuing effort to reduce An agency may not conduct or be assured of consideration. paperwork and respondent burden, sponsor, and a person is not required to ADDRESSES: Direct all written comments invites the general public and other respond to, a collection of information to Kinna Brewington, Internal Revenue Federal agencies to take this unless the collection of information Service, Room 6526, 1111 Constitution opportunity to comment on continuing displays a valid OMB control number. Avenue NW, Washington, DC 20224. information collections, as required by Books or records relating to a collection FOR FURTHER INFORMATION CONTACT: the Paperwork Reduction Act of 1995. of information must be retained as long Requests for additional information or The IRS is soliciting comments as their contents may become material copies of the regulation should be concerning U.S. information return-trust in the administration of any internal directed to Martha R. Brinson, at (202) accumulation of charitable amounts. revenue law. Generally, tax returns and 317–5753, or at Internal Revenue DATES: Written comments should be tax return information are confidential, Service, Room 6526, 1111 Constitution received on or before April 19, 2021 to as required by 26 U.S.C. 6103. Avenue NW, Washington, DC 20224, or be assured of consideration. Request for Comments: Comments through the internet at ADDRESSES: Direct all written comments submitted in response to this notice will [email protected]. to Kinna Brewington, Internal Revenue be summarized and/or included in the SUPPLEMENTARY INFORMATION: Service, Room 6526, 1111 Constitution request for OMB approval. All Title: Product Liability Losses and Avenue NW, Washington, DC 20224. comments will become a matter of Accumulations for Product Liability Losses. FOR FURTHER INFORMATION CONTACT: public record. Comments are invited on: OMB Number: 1545–0863. (a) Whether the collection of Requests for information or copies of the Regulation Project Number: TD 8096. form and instructions should be information is necessary for the proper Abstract: T.D. 8096 provides final directed to Sara Covington (737)800– performance of the functions of the regulations relating to product liability 6149, at Internal Revenue Service, Room agency, including whether the losses and accumulations for the 6526, 1111 Constitution Avenue NW, information shall have practical utility; payment of reasonable anticipated Washington, DC 20224, or through the (b) the accuracy of the agency’s estimate product liability losses. Changes to the internet at [email protected]. of the burden of the collection of applicable tax law were made by the SUPPLEMENTARY INFORMATION: information; (c) ways to enhance the Revenue Act of 1978. Generally, a Title: U.S. Information Return-Trust quality, utility, and clarity of the taxpayer who sustains a product Accumulation of Charitable Amounts. information to be collected; (d) ways to liability loss must carry the loss back 10 OMB Number: 1545–0094. minimize the burden of the collection of years. However, a taxpayer may elect to Form Number: 1041–A. information on respondents, including have such loss treated as a regular net Abstract: Form 1041–A is used to through the use of automated collection operating loss under section 172. If report the information required in techniques or other forms of information desired, such election is made by Internal Revenue Code section 6034 technology; and (e) estimates of capital attaching a statement to the tax return. concerning accumulation and or start-up costs and costs of operation, This statement will enable the IRS to distribution of charitable amounts. The maintenance, and purchase of services monitor compliance with the statutory data is used to verify the amounts for to provide information. requirements. which a charitable deduction was Approved: January 27, 2021. Current Actions: There are no changes allowed are used for charitable Sara L. Covington, being made to this regulation. purposes. Type of Review: Extension of a Current Actions: There are changes IRS Tax Analyst. currently approved collection. (reduction in filers) in the paperwork [FR Doc. 2021–03129 Filed 2–16–21; 8:45 am] Affected Public: Business or other for- burden previously approved by OMB. BILLING CODE 4830–01–P profit organizations.

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Estimated Number of Respondents: SUMMARY: The Internal Revenue Service Intermediary, Foreign Flow-Through 5,000. (IRS), as part of its continuing effort to Entity, or Certain U.S. Branches for Estimated Time Per Respondent: 30 reduce paperwork and respondent United States Tax Withholding and mins. burden, invites the general public and Reporting. Estimated Total Annual Burden other Federal agencies to take this OMB Number: 1545–1621. Hours: 2,500. opportunity to comment on information Form Numbers: W–8BEN, W–8BEN– The following paragraph applies to all collections, as required by the E, W–8ECI, W–8EXP, and W–8IMY. of the collections of information covered Paperwork Reduction Act of 1995. The by this notice: Abstract: Form W–8BEN is used for IRS is soliciting comments concerning certain types of income to establish that An agency may not conduct or Form W–8BEN, Certificate of Foreign sponsor, and a person is not required to the person is a foreign person, is the Status of Beneficial Owner for United beneficial owner of the income for respond to, a collection of information States Tax Withholding and Reporting unless the collection of information which Form W–8BEN is being provided (Individual), Form W–8BEN–E, and, if applicable, to claim a reduced displays a valid OMB control number. Certificate of Status of Beneficial Owner Books or records relating to a rate of, or exemption from, withholding for United States Tax Withholding and as a resident of a foreign country with collection of information must be Reporting (Entities), Form W–8ECI, retained as long as their contents may which the United States has an income Certificate of Foreign Person’s Claim tax treaty. Form W–8ECI is used to become material in the administration That Income Is Effectively Connected of any internal revenue law. Generally, establish that the person is a foreign With the Conduct of a Trade or Business person and the beneficial owner of the tax returns and tax return information in the United States, Form W–8EXP, are confidential, as required by 26 income for which Form W–8ECI is being Certificate of Foreign Government or provided, and to claim that the income U.S.C. 6103. Other Foreign Organization for United Request for Comments: Comments is effectively connected with the States Tax Withholding and Reporting, submitted in response to this notice will conduct of a trade or business within Form W–8IMY, Certificate of Foreign be summarized and/or included in the the United States. Form W–8EXP is Intermediary, Foreign Flow-Through request for OMB approval. Comments used by a foreign government, Entity, or Certain U.S. Branches for will be of public record. Comments are international organization, foreign United States Tax Withholding and invited on: (a) Whether the collection of central bank of issue, foreign tax-exempt Reporting, and the EW–8 MOU Program. information is necessary for the proper organization, or foreign private performance of the functions of the DATES: Written comments should be foundation. The form is used by such agency, including whether the received on or before April 19, 2021 to persons to establish foreign status, to information has practical utility; (b) the be assured of consideration. claim that the person is the beneficial accuracy of the agency’s estimate of the ADDRESSES: Direct all written comments owner of the income for which Form burden of the collection of information; to Kinna Brewington, Internal Revenue W–8EXP is given and, if applicable, to (c) ways to enhance the quality, utility, Service, Room 6526, 1111 Constitution claim a reduced rate of, or exemption and clarity of the information to be Avenue NW, Washington, DC 20224. from, withholding. Form W–8IMY is collected; (d) ways to minimize the FOR FURTHER INFORMATION CONTACT: provided to a withholding agent or burden of the collection of information Requests for additional information or payer by a foreign intermediary, foreign on or other forms of information copies of the forms and instructions partnership, and certain U.S. branches technology; and (e) estimates of capital should be directed to Martha R. Brinson, to make representations regarding the or start-up costs and costs of operation, at (202) 317–5753, or at Internal status of beneficial owners or to maintenance, and purchase of services Revenue Service, Room 6526, 1111 transmit appropriate documentation to to provide information. Constitution Avenue NW, Washington, the withholding agent. Reg. § 1.1441– Approved: January 25, 2021. DC 20224, or through the internet at 1(e)(4)(iv) provides that a withholding agent may establish a system for a Martha R. Brinson, [email protected]. beneficial owner to electronically Tax Analyst. SUPPLEMENTARY INFORMATION: Title: Form W–8BEN, Certificate of furnish a Form W–8 or an acceptable [FR Doc. 2021–03128 Filed 2–16–21; 8:45 am] substitute Form W–8. Withholding BILLING CODE 4830–01–P Foreign Status of Beneficial Owner for United States Tax Withholding and agents with systems that electronically Reporting (Individual), Form W–8BEN– collect Forms W–8 may voluntarily choose to participate in the IRS EW–8 DEPARTMENT OF THE TREASURY E, Certificate of Status of Beneficial Owner for United States Tax MOU Program. The EW–8 MOU Internal Revenue Service Withholding and Reporting Entities), Program is a collaborative process Form W–8ECI,Certificate of Foreign between the withholding agents and Proposed Collection; Comment Person’s Claim That Income Is IRS. Request for Forms W–8BEN, W–8BEN– Effectively Connected With the Conduct Current Actions: There are no changes E, W–8ECI, W–8EXP, and W–8IMY of a Trade or Business in the United being made to the forms at this time. Type of Review: Extension of a AGENCY: Internal Revenue Service (IRS), States, Form W–8EXP, Certificate of currently approved collection. Treasury. Foreign Government or Other Foreign Organization for United States Tax Affected Public: Individuals, business ACTION: Notice and request for Withholding and Reporting, Form W– or other for-profit organizations, and comments. 8IMY, Certificate of Foreign not-for-profit institutions.

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Time per Number respondent Total annual respondents (hrs.) burden hours

Form W–8BEN ...... 2,970,000 7.18 21,324,600 Form W–8BEN–E ...... 170,000 26.45 4,496,500 Form W–8ECI ...... 180,000 9.13 1,643,400 Form W–8EXP ...... 240 20.53 4,928 Form W–8IMY ...... 70,400 25.88 1,821,952

Total ...... 3,390,640 ...... 29,291,380

The following paragraph applies to all ACTION: Notice and request for Estimated Number of Respondents: of the collections of information covered comments. 100,000. by this notice: Estimated Time per Response: 9 SUMMARY: The Internal Revenue Service, An agency may not conduct or hours, 43 minutes. sponsor, and a person is not required to as part of its continuing effort to reduce respond to, a collection of information paperwork and respondent burden, Estimated Total Annual Burden unless the collection of information invites the general public and other Hours: 972,000. displays a valid OMB control number. Federal agencies to take this The following paragraph applies to all Books or records relating to a opportunity to comment on continuing the collections of information covered collection of information must be information collections, as required by by this notice. retained as long as their contents may the Paperwork Reduction Act of 1995. The IRS is soliciting comments An agency may not conduct or become material in the administration sponsor, and a person is not required to of any internal revenue law. Generally, concerning salary reduction simplified employee pension-individual retirement respond to, a collection of information tax returns and tax return information unless the collection of information are confidential, as required by 26 accounts contribution agreement. displays a valid OMB control number. U.S.C. 6103. DATES: Written comments should be Books or records relating to a collection Request for Comments: Comments received on or before April 19, 2021 to of information must be retained if their submitted in response to this notice will be assured of consideration. contents may become material in the be summarized and/or included in the ADDRESSES: Direct all written comments administration of any internal revenue request for OMB approval. Comments to Kinna Brewington, Internal Revenue will be of public record. Comments are Service, Room 6526, 1111 Constitution law. Generally, tax returns and tax invited on: (a) Whether the collection of Avenue NW, Washington, DC 20224. return information are confidential, as required by 26 U.S.C. 6103. information is necessary for the proper FOR FURTHER INFORMATION CONTACT: performance of the functions of the Requests for additional information or Request for Comments: Comments agency, including whether the copies of the form should be directed to submitted in response to this notice will information has practical utility; (b) the Kerry Dennis, at (202) 317–5751 or be summarized and/or included in the accuracy of the agency’s estimate of the Internal Revenue Service, Room 6526, request for OMB approval. All burden of the collection of information; 1111 Constitution Avenue NW, comments will become a matter of (c) ways to enhance the quality, utility, Washington, DC 20224, or through the public record. Comments are invited on: and clarity of the information to be internet, at [email protected]. (a) Whether the collection of collected; (d) ways to minimize the SUPPLEMENTARY INFORMATION: information is necessary for the proper burden of the collection of information performance of the functions of the on or other forms of information Title: Salary Reduction Simplified Employee Pension-Individual agency, including whether the technology; and (e) estimates of capital information shall have practical utility; or start-up costs and costs of operation, Retirement Accounts Contribution (b) the accuracy of the agency’s estimate maintenance, and purchase of services Agreement. of the burden of the collection of to provide information. OMB Number: 1545–1012. Form Project Number: 5305A–SEP. information; (c) ways to enhance the Approved: January 29, 2021. Abstract: Form 5305A–SEP is used by quality, utility, and clarity of the Martha R. Brinson, an employer to make an agreement to information to be collected; (d) ways to Tax Analyst. provide benefits to all employees under minimize the burden of the collection of [FR Doc. 2021–03133 Filed 2–16–21; 8:45 am] a Simplified Employee Pension (SEP) information on respondents, including BILLING CODE 4830–01–P described in Internal Revenue Code through the use of automated collection section 408(k). This form is not to be techniques or other forms of information filed with the IRS, but is to be retained technology; and (e) estimates of capital DEPARTMENT OF THE TREASURY in the employer’s records as proof of or start-up costs and costs of operation, establishing a SEP and justifying a Internal Revenue Service maintenance, and purchase of services deduction for contributions made to the to provide information. Proposed Collection; Comment SEP. Current Actions: There is no change to Approved: February 2, 2021. Request for Salary Reduction Chakinna B. Clemons, Simplified Employee Pension- the form or the paperwork burden Individual Retirement Accounts previously approved by OMB. Supervisory Tax Analyst. Contribution Agreement Type of Review: Extension of a [FR Doc. 2021–03140 Filed 2–16–21; 8:45 am] currently approved collection. BILLING CODE 4830–01–P AGENCY: Internal Revenue Service (IRS), Affected Public: Business or other for- Treasury. profit organizations and individuals.

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DEPARTMENT OF THE TREASURY An agency may not conduct or DATES: Written comments should be sponsor, and a person is not required to received on or before April 19, 2021 to Internal Revenue Service respond to, a collection of information be assured of consideration. unless the collection of information ADDRESSES: Direct all written comments Proposed Collection; Comment displays a valid OMB control number. to Kinna Brewington, Internal Revenue Request for Form 8582 Books or records relating to a Service, Room 6526, 1111 Constitution AGENCY: Internal Revenue Service (IRS), collection of information must be Avenue NW, Washington, DC 20224. Treasury. retained as long as their contents may FOR FURTHER INFORMATION CONTACT: ACTION: Notice and request for become material in the administration Requests for additional information or comments. of any internal revenue law. Generally, copies of the form and instructions tax returns and tax return information should be directed to Sara Covington, SUMMARY: The Internal Revenue Service are confidential, as required by 26 (737) 800–6149, Internal Revenue (IRS), as part of its continuing effort to U.S.C. 6103. Service, Room 6526, 1111 Constitution reduce paperwork and respondent Request for Comments: Comments Avenue NW, Washington, DC 20224, or burden, invites the general public and submitted in response to this notice will through the internet at other Federal agencies to take this be summarized and/or included in the [email protected]. opportunity to comment on information request for OMB approval. All SUPPLEMENTARY INFORMATION: collections, as required by the comments will become a matter of Title: Credit for Increasing Research Paperwork Reduction Act of 1995. The public record. Activities. IRS is soliciting comments concerning Comments are invited on: (a) Whether OMB Number: 1545–0619. information collection requirements the collection of information is Form Number: 6765. related to Passive Activity Loss necessary for the proper performance of Abstract: Internal Revenue Code Limitations. the functions of the agency, including section 38 allows a credit against DATES: Written comments should be whether the information shall have income tax (Determined under IRC received on or before April 19, 2021 to practical utility; (b) the accuracy of the section 41) for an increase in research be assured of consideration. agency’s estimate of the burden of the activities in a trade or business. Form ADDRESSES: Direct all written comments collection of information; (c) ways to 6765 is used by businesses and to Kinna Brewington, Internal Revenue enhance the quality, utility, and clarity individuals engaged in a trade or Service, Room 6526, 1111 Constitution of the information to be collected; (d) business to figure and report the credit. Avenue NW, Washington, DC 20224. ways to minimize the burden of the The data is used to verify that the credit FOR FURTHER INFORMATION CONTACT: collection of information on claimed is correct. Requests for additional information or respondents, including through the use Current Actions: There are no changes copies of the forms should be directed of automated collection techniques or being made to the form at this time. to Sara Covington, (737) 800–6149, other forms of information technology; Type of Review: Extension of a Room 6526, 1111 Constitution Avenue and (e) estimates of capital or start-up currently approved collection. NW, Washington, DC 20224, or through costs and costs of operation, Affected Public: Business or other for- the internet at [email protected]. maintenance, and purchase of services profit organizations and individuals. to provide information. Estimated Number of Respondents: SUPPLEMENTARY INFORMATION: Title: Passive Activity Loss Approved: February 1, 2021. 15,805. Estimated Time per Respondent: 18 Limitations. Sara L. Covington, hours, 2 minutes. OMB Number: 1545–1008. IRS Tax Analyst. Form Number: 8582. Estimated Total Annual Burden [FR Doc. 2021–03132 Filed 2–16–21; 8:45 am] Hours: 285,281. Abstract: Internal Revenue Code BILLING CODE 4830–01–P section 469 limits the passive activity The following paragraph applies to all losses that a taxpayer may deduct. The of the collections of information covered by this notice: passive activity losses from passive DEPARTMENT OF THE TREASURY activities, to the extent that they exceed An agency may not conduct or income from passive activities, cannot Internal Revenue Service sponsor, and a person is not required to be deducted against nonpassive income. respond to, a collection of information Form 8582 is used to figure the passive Proposed Collection; Comment unless the collection of information activity loss allowed and the actual loss Request for Form 6765 displays a valid OMB control number. to be reported on the tax returns. Books or records relating to a collection AGENCY: Current Actions: There is no change Internal Revenue Service (IRS), of information must be retained as long in the paperwork burden previously Treasury. as their contents may become material approved by OMB. ACTION: Notice and request for in the administration of any internal Type of Review: Extension of a comments. revenue law. Generally, tax returns and currently approved collection. tax return information are confidential, Affected Public: Individuals or SUMMARY: The Internal Revenue Service, as required by 26 U.S.C. 6103. households, estates, and trusts. as part of its continuing effort to reduce Request for Comments: Comments Estimated Number of Respondents: paperwork and respondent burden, submitted in response to this notice will 250,000. invites the general public and other be summarized and/or included in the Estimated Time per Respondent: 3 Federal agencies to take this request for OMB approval. All hours, 30 minutes. opportunity to comment on information comments will become a matter of Estimated Total Annual Burden collections, as required by the public record. Comments are invited on: Hours: 875,000. Paperwork Reduction Act of 1995. The (a) Whether the collection of The following paragraph applies to all IRS is soliciting comments concerning information is necessary for the proper of the collections of information covered Form 6765, Credit for Increasing performance of the functions of the by this notice: Research Activities. agency, including whether the

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information shall have practical utility; and Integration, Data Governance DEPARTMENT OF VETERANS (b) the accuracy of the agency’s estimate Analytics (008), 1717 H Street NW, AFFAIRS of the burden of the collection of Washington, DC 20006, (202) 266–4688 [OMB Control No. 2900–0108] information; (c) ways to enhance the or email [email protected]. Please quality, utility, and clarity of the refer to ‘‘OMB Control No. 2900–0405’’ Agency Information Collection information to be collected; (d) ways to in any correspondence. Activity: Report of Income From minimize the burden of the collection of SUPPLEMENTARY INFORMATION: Under the Property of Business information on respondents, including PRA of 1995, Federal agencies must through the use of automated collection obtain approval from the Office of AGENCY: Veterans Benefits techniques or other forms of information Management and Budget (OMB) for each Administration, Department of Veterans technology; and (e) estimates of capital collection of information they conduct Affairs. or start-up costs and costs of operation, or sponsor. This request for comment is ACTION: Notice. maintenance, and purchase of services being made pursuant to Section to provide information. 3506(c)(2)(A) of the PRA. SUMMARY: Veteran’s Benefits Administration (VBA), Department of Approved: February 1, 2021. With respect to the following collection of information, VBA invites Veterans Affairs (VA), is announcing an Sara L. Covington, comments on: (1) Whether the proposed opportunity for public comment on the IRS Tax Analyst. collection of information is necessary proposed collection of certain [FR Doc. 2021–03131 Filed 2–16–21; 8:45 am] for the proper performance of VBA’s information by the agency. Under the BILLING CODE 4830–01–P functions, including whether the Paperwork Reduction Act (PRA) of information will have practical utility; 1995, Federal agencies are required to (2) the accuracy of VBA’s estimate of the publish notice in the Federal Register DEPARTMENT OF VETERANS burden of the proposed collection of concerning each proposed collection of AFFAIRS information; (3) ways to enhance the information, including each proposed extension of a currently approved [OMB Control No. 2900–0405] quality, utility, and clarity of the information to be collected; and (4) collection, and allow 60 days for public Agency Information Collection ways to minimize the burden of the comment in response to the notice. Activity: REPS Annual Eligibility collection of information on DATES: Written comments and Report respondents, including through the use recommendations on the proposed of automated collection techniques or collection of information should be AGENCY: Veterans Benefits the use of other forms of information received on or before April 19, 2021. Administration, Department of Veterans technology. ADDRESSES: Submit written comments Affairs. Authority: 38 U.S.C. 5101; 38 CFR on the collection of information through ACTION: Notice. 3.812. Federal Docket Management System Title: REPS Annual Eligibility Report (FDMS) at www.Regulations.gov or to SUMMARY: Veteran’s Benefits (VA Form 21P–8941). Nancy J. Kessinger, Veterans Benefits Administration (VBA), Department of OMB Control Number: 2900–0405. Type of Review: Extension of a Administration (20M33), Department of Veterans Affairs (VA), is announcing an Veterans Affairs, 810 Vermont Avenue opportunity for public comment on the currently approved collection. Abstract: Restored Entitlement NW, Washington, DC 20420 or email to proposed collection of certain [email protected]. Please refer to information by the agency. Under the Program for Survivors (REPS) is a benefit payable to certain surviving ‘‘OMB Control No. 2900–0108’’ in any Paperwork Reduction Act (PRA) of correspondence. During the comment 1995, Federal agencies are required to spouses and dependent children of deceased Veterans who died in service period, comments may be viewed online publish notice in the Federal Register through FDMS. concerning each proposed collection of prior to August 13, 1981 or died as a FOR FURTHER INFORMATION CONTACT: information, including each proposed result of a service-connected disability Maribel Aponte, Office of Enterprise extension of a currently approved incurred or aggravated prior to August and Integration, Data Governance collection, and allow 60 days for public 13, 1981. VA Form 21P–8941 is Analytics (008), 1717 H Street NW, comment in response to the notice. completed annually by claimants who have earned income that is at or near the Washington, DC 20006, (202) 266–4688 DATES: Written comments and limit for allowable earned income. or email [email protected]. Please recommendations on the proposed Without the information provided on refer to ‘‘OMB Control No. 2900–0108’’ collection of information should be the form, determination of continued in any correspondence. received on or before April 19, 2021. eligibility would not be possible. SUPPLEMENTARY INFORMATION: Under the ADDRESSES: Submit written comments Affected Public: Individuals and PRA of 1995, Federal agencies must on the collection of information through households. obtain approval from the Office of Federal Docket Management System Estimated Annual Burden: 300 hours. Management and Budget (OMB) for each (FDMS) at www.Regulations.gov or to Estimated Average Burden per collection of information they conduct Nancy J Kessinger, Veterans Benefits Respondent: 15 minutes. or sponsor. This request for comment is Administration (20M33) Department of Frequency of Response: Annually. being made pursuant to Section Estimated Number of Respondents: Veterans Affairs, 810 Vermont Avenue 3506(c)(2)(A) of the PRA. NW, Washington, DC 20420 or email to 1,200. With respect to the following [email protected]. Please refer to By direction of the Secretary. collection of information, VBA invites ‘‘OMB Control No. 2900–0405’’ in any Maribel Aponte, comments on: (1) Whether the proposed correspondence. During the comment VA PRA Clearance Officer, Office of collection of information is necessary period, comments may be viewed online Enterprise and Integration/Data Governance for the proper performance of VBA’s through FDMS. Analytics, Department of Veterans Affairs. functions, including whether the FOR FURTHER INFORMATION CONTACT: [FR Doc. 2021–03094 Filed 2–16–21; 8:45 am] information will have practical utility; Maribel Aponte, Office of Enterprise BILLING CODE 8320–01–P (2) the accuracy of VBA’s estimate of the

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burden of the proposed collection of Veterans Affairs (VA), is announcing an OMB Control Number: 2900–0394. information; (3) ways to enhance the opportunity for public comment on the Type of Review: Extension of a quality, utility, and clarity of the proposed collection of certain currently approved collection. information to be collected; and (4) information by the agency. Under the Abstract: Restored Entitlement ways to minimize the burden of the Paperwork Reduction Act (PRA) of Program for Survivors (REPS) is a collection of information on 1995, Federal agencies are required to benefit payable to certain surviving respondents, including through the use publish notice in the Federal Register spouses and dependent children of of automated collection techniques or concerning each proposed collection of deceased Veterans who died in service the use of other forms of information information, including each proposed prior to August 13, 1981 or died as a technology. extension of a currently approved result of a service-connected disability Authority: 38 U.S.C. 5101, 1315, and collection, and allow 60 days for public incurred or aggravated prior to August 1506; 38 U.S.C. 1521, 1541, and 1542; comment in response to the notice. 13, 1981. VA Form 21P–8926 is used to 38 CFR 3.262 and 3.271. DATES: Written comments and verify beneficiaries receiving REPS Title: Report of Income from Property recommendations on the proposed benefits based on school-aged child or Business (VA Form 21P–4185). collection of information should be status, are in fact enrolled full-time in OMB Control Number: 2900–0108. received on or before April 19, 2021. an approved school and are otherwise Type of Review: Extension of a ADDRESSES: Submit written comments eligible for continued benefits under currently approved collection. on the collection of information through REPS. Without the information Abstract: VBA administers an provided on the form, determination of integrated program of of benefits and Federal Docket Management System (FDMS) at www.Regulations.gov or continued eligibility would not be services established by law for Veterans, possible. service personnel, and their dependents, Nancy J. Kessinger, Veterans Benefits Administration (20M33), Department of Affected Public: Individuals and survivors, and/or beneficiaries. A households. claimant’s eligibility for pension Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or email to Estimated Annual Burden: 300 hours. benefits or Parents’ Dependency and Estimated Average Burden per Indemnity Compensation (DIC) is [email protected]. Please refer to ‘‘OMB Control No. 2900–0394’’ in any Respondent: 15 minutes. determined, in part, by countable Frequency of Response: Once. income. VA Form 21P–4185 Report of correspondence. During the comment period, comments may be viewed online Estimated Number of Respondents: Income from Property or Business, is 1,200. used to report income and expenses that through FDMS. derived from rental property and/or the FOR FURTHER INFORMATION CONTACT: By direction of the Secretary. operation of a business. VBA uses this Maribel Aponte, Office of Enterprise Maribel Aponte, form to determine whether the claimant and Integration, Data Governance VA PRA Clearance Officer, Office of is eligible for VA benefits and, if Analytics (008), 1717 H Street NW, Enterprise and Integration/Data Governance eligibility exists, the proper rate of Washington, DC 20006, (202) 266–4688 Analytics, Department of Veterans Affairs. payment. or email [email protected]. Please [FR Doc. 2021–03084 Filed 2–16–21; 8:45 am] Affected Public: Individuals and refer to ‘‘OMB Control No. 2900–0394’’ BILLING CODE 8320–01–P households. in any correspondence. Estimated Annual Burden: 3,500 SUPPLEMENTARY INFORMATION: Under the hours. PRA of 1995, Federal agencies must DEPARTMENT OF VETERANS Estimated Average Burden per obtain approval from the Office of AFFAIRS Respondent: 30 minutes. Management and Budget (OMB) for each [OMB Control No. 2900–0658] Frequency of Response: One time. collection of information they conduct Estimated Number of Respondents: or sponsor. This request for comment is Agency Information Collection 7,000. being made pursuant to Section Activity: Lender’s Staff Appraisal By direction of the Secretary. 3506(c)(2)(A) of the PRA. Reviewer (SAR) Application Maribel Aponte, With respect to the following collection of information, VBA invites AGENCY: Veterans Benefits VA PRA Clearance Officer, Office of comments on: (1) Whether the proposed Administration, Department of Veterans Enterprise and Integration/Data Governance Affairs. Analytics, Department of Veterans Affairs. collection of information is necessary ACTION: Notice. [FR Doc. 2021–03085 Filed 2–16–21; 8:45 am] for the proper performance of VBA’s functions, including whether the BILLING CODE 8320–01–P information will have practical utility; SUMMARY: In compliance with the (2) the accuracy of VBA’s estimate of the Paperwork Reduction Act (PRA) of burden of the proposed collection of 1995, this notice announces that the DEPARTMENT OF VETERANS Veterans Benefits Administration, AFFAIRS information; (3) ways to enhance the quality, utility, and clarity of the Department of Veterans Affairs, will [OMB Control No. 2900–0394] information to be collected; and (4) submit the collection of information ways to minimize the burden of the abstracted below to the Office of Agency Information Collection collection of information on Management and Budget (OMB) for Activity: Certification of School respondents, including through the use review and comment. The PRA Attendance—REPS of automated collection techniques or submission describes the nature of the AGENCY: Veterans Benefits the use of other forms of information information collection and its expected Administration, Department of Veterans technology. cost and burden and it includes the Affairs. Authority: 38 U.S.C. 5101; 38 CFR actual data collection instrument. ACTION: Notice. 3.812. DATES: Written comments and Title: Certification of School recommendations for the proposed SUMMARY: Veteran’s Benefits Attendance—REPS (VA Form 21P– information collection should be sent Administration (VBA), Department of 8926). within 30 days of publication of this

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notice to www.reginfo.gov/public/do/ By direction of the Secretary. Washington, DC 20006, (202) 266–4688 PRAMain. Find this particular Maribel Aponte, or email [email protected]. Please information collection by selecting VA PRA Clearance Officer, Office of refer to ‘‘OMB Control No. 2900–0132 in ‘‘Currently under 30-day Review—Open Enterprise and Integration, Data Governance any correspondence. for Public Comments’’ or by using the Analytics, Department of Veterans Affairs. SUPPLEMENTARY INFORMATION: Under the search function. Refer to ‘‘OMB Control [FR Doc. 2021–03095 Filed 2–16–21; 8:45 am] PRA of 1995, Federal agencies must No. 2900–0658. BILLING CODE 8320–01–P obtain approval from the Office of FOR FURTHER INFORMATION CONTACT: Management and Budget (OMB) for each Maribel Aponte, Office of Enterprise collection of information they conduct DEPARTMENT OF VETERANS or sponsor. This request for comment is and Integration, Data Governance AFFAIRS Analytics (008), 1717 H Street NW, being made pursuant to Section Washington, DC 20006, (202) 266–4688 [OMB Control No. 2900–0132] 3506(c)(2)(A) of the PRA. or email [email protected]. Please With respect to the following refer to ‘‘OMB Control No. 2900–0658’’ Agency Information Collection collection of information, VBA invites in any correspondence. Activity: Application in Acquiring comments on: (1) Whether the proposed Specially Adapted Housing or Special collection of information is necessary SUPPLEMENTARY INFORMATION: Home Adaptation Grant for the proper performance of VBA’s Authority: Public Law 104–13; 44 functions, including whether the U.S.C. 3501–3521. AGENCY: Veterans Benefits Administration, Department of Veterans information will have practical utility; Title: Lender’s Staff Appraisal Affairs. (2) the accuracy of VBA’s estimate of the Reviewer (SAR) Application (VA Form burden of the proposed collection of ACTION: Notice. 26–0785). information; (3) ways to enhance the OMB Control Number: 2900–0658. SUMMARY: Veterans Benefits quality, utility, and clarity of the Type of Review: Extension of a Administration, Department of Veterans information to be collected; and (4) currently approved collection. Affairs (VA), is announcing an ways to minimize the burden of the Abstract: Title 38 U.S.C. 3702(d) opportunity for public comment on the collection of information on authorizes the Department of Veterans proposed collection of certain respondents, including through the use Affairs (VA) to establish standards for information by the agency. Under the of automated collection techniques or lenders making automatically Paperwork Reduction Act (PRA) of the use of other forms of information guaranteed loans and 38 U.S.C. 3731(f) 1995, Federal agencies are required to technology. authorizes VA to establish, in publish notice in the Federal Register Authority: Public Law 104–13; 44 regulation, standards and procedures to concerning each proposed collection of U.S.C. 3501–3521. Title 38, U.S.C., authorize a lender to determine the information, including each proposed chapter 21. reasonable value of property. VA has extension of a currently approved Title: Application in Acquiring implemented this authority through its collection, and allow 60 days for public Specially Adapted Housing or Special Lender Appraisal Processing Program comment in response to the notice. Home Adaptation Grant. (LAPP), codified in 38 CFR 36.4347. DATES: Written comments and OMB Control Number: 2900–0132. Type of Review: Extension of a An agency may not conduct or recommendations on the proposed collection of information should be currently approved collection. sponsor, and a person is not required to Abstract: VA Form 26–4555 is used to respond to a collection of information received on or before April 19, 2021. ADDRESSES: Submit written comments gather the necessary information to unless it displays a currently valid OMB determine Veteran eligibility for the control number. The Federal Register on the collection of information through Federal Docket Management System SAH or SHA grant. Notice with a 60-day comment period Affected Public: Individuals. soliciting comments on this collection (FDMS) at www.Regulations.gov or to Nancy J. Kessinger, Veterans Benefits Estimated Annual Burden: 500 hours. of information was published at 85 FR Estimated Average Burden per 80228 on December 11, 2020, pages Administration (20M33), Department of Veterans Affairs, 810 Vermont Avenue Respondent: 15 minutes. 80228 and 80229. Frequency of Response: One time. Affected Public: Individuals NW, Washington, DC 20420 or email to [email protected] Please refer to Estimated Number of Respondents: (employees of lenders making 2,000. applications). ‘‘OMB Control No. 2900–0132’’ in any correspondence. During the comment By direction of the Secretary. Estimated Annual Burden: 200 hours. period, comments may be viewed online Maribel Aponte, Estimated Average Burden per through FDMS. VA PRA Clearance Officer, Office of Respondent: 5 minutes. FOR FURTHER INFORMATION CONTACT: Enterprise and Integration/Data Governance Frequency of Response: On occasion. Maribel Aponte, Office of Enterprise Analytics, Department of Veterans Affairs. Estimated Number of Respondents: and Integration, Data Governance [FR Doc. 2021–03099 Filed 2–16–21; 8:45 am] 2,400 per year. Analytics (008), 1717 H Street NW, BILLING CODE 8320–01–P

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CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY

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 Presidential Documents 3 CFR Determinations: Executive orders and proclamations 741–6000 Proclamations: No. 2021–03 of The United States Government Manual 741–6000 9880 (revoked by EO January 14, 2021 ...... 7789 14010) ...... 8267 Other Services 10139 (revoked by 5 CFR Electronic and on-line services (voice) 741–6020 Proc. 10144) ...... 8265 2634...... 7635 Privacy Act Compilation 741–6050 10144...... 8265 2636...... 7635 10145...... 8537 1201...... 7797 10146...... 8539 ELECTRONIC RESEARCH 10147...... 8541 7 CFR World Wide Web Executive Orders: 945...... 9253 12898 (amended by 1468...... 8113 Full text of the daily Federal Register, CFR and other publications 14008) ...... 7619 is located at: www.govinfo.gov. 13767 (revoked by 8 CFR Federal Register information and research tools, including Public 14010) ...... 8267 214...... 7927, 8543 Inspection List and electronic text are located at: 13815 (revoked by EO Proposed Rules: www.federalregister.gov. 14013) ...... 8839 215...... 8878 13841 (revoked by 235...... 8878 E-mail 14011) ...... 8273 13888 (revoked by EO 10 CFR FEDREGTOC (Daily Federal Register Table of Contents Electronic 14013) ...... 8839 Mailing List) is an open e-mail service that provides subscribers 50...... 8685 13895 (revoked by with a digital form of the Federal Register Table of Contents. The 52...... 8685 14007) ...... 7615 digital form of the Federal Register Table of Contents includes 430...... 8548 14007...... 7615 HTML and PDF links to the full text of each document. 431...... 7798, 8553 14008...... 7619 1061...... 7799 To join or leave, go to https://public.govdelivery.com/accounts/ 14009...... 7793 Proposed Rules: USGPOOFR/subscriber/new, enter your email address, then 14010...... 8267 30...... 7819 follow the instructions to join, leave, or manage your 14011...... 8273 32...... 7819 subscription. 14012...... 8277 50...... 7820 PENS (Public Law Electronic Notification Service) is an e-mail 14013...... 8839 service that notifies subscribers of recently enacted laws. 14014...... 9429 12 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Administrative Orders: 4...... 9253 and select Join or leave the list (or change settings); then follow Memorandums: 50...... 9120 the instructions. Memorandum of 204...... 8853 September 21, 2016 215...... 9837 FEDREGTOC and PENS are mailing lists only. We cannot (reinstated by EO 217...... 7927, 9261 respond to specific inquiries. 14008) ...... 7619 225...... 7927, 9261 Reference questions. Send questions and comments about the Memorandum of March 238...... 7927, 9261 Federal Register system to: [email protected] 6, 2017 (revoked by 249...... 9120 EO 14013)...... 8839 252...... 7927, 9261 The Federal Register staff cannot interpret specific documents or Memorandum of April 303...... 8089, 9433 regulations. 4, 2018 (revoked by 308...... 8104 EO 14010)...... 8267 338...... 8082 FEDERAL REGISTER PAGES AND DATE, FEBRUARY Memorandum of April 329...... 9120 6, 2018 (revoked by 362...... 8098 7615–7786...... 1 EO 14010)...... 8267 390 ...... 8082, 8089, 8098, 8104 7787–7926...... 2 Memorandum of April 791...... 7949 7927–8112...... 3 29, 2019 (revoked 1026...... 8283, 9840 8113–8266...... 4 by EO 14010)...... 8267 1074...... 9261 8267–8536...... 5 Memorandum of May 1411...... 8854 8537–8684...... 8 23, 2019 (revoked Proposed Rules: 8685–8844...... 9 by Memo. of Feb. 2, 7...... 7979 8845–8992...... 10 2021) ...... 8281 303...... 8145 8993–9252...... 11 Memorandum of 333...... 8145 January 13, 2021 ...... 7787 9253–9432...... 12 335...... 8145 Memorandum of 9433–9836...... 16 390...... 8145, 9028 January 27, 2021 ...... 8845 9837–10006...... 17 Memorandum of 13 CFR February 2, 2021 ...... 8281 120...... 8283 Notices: Notice of February 11, 14 CFR 2021 ...... 9835 25...... 7799

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39 ...... 8299, 8302, 8305, 9269, 25 CFR 37 CFR 43 CFR 9272, 9433 575...... 7646 10...... 7653 10...... 7653 97...... 7958, 7959 Proposed Rules: 210...... 9003 303...... 9462 16 CFR 1000...... 7656 44 CFR Proposed Rules: 64...... 9023 305...... 9274 26 CFR 201...... 8560 Proposed Rules: 1...... 9285, 9286 17 CFR 206...... 8334 Proposed Rules: 38 CFR 36...... 8993 1 ...... 7986, 7987, 8721 4...... 8142 37...... 9224 36...... 7811 47 CFR 143...... 7802 29 CFR 42...... 7811 Ch. I ...... 9299 200...... 7961, 9436 18...... 7927 9...... 8714 210...... 8686 22...... 7807, 8687 39 CFR 15...... 8558 232...... 7961, 7968 503...... 7927 3040...... 9464 51...... 8872 240...... 7637 1986...... 7807, 8687 Proposed Rules: 54...... 9025, 9295 Proposed Rules: Proposed Rules: 20...... 7659, 8722 63...... 8872 9...... 9304 10...... 8325 3030...... 8330 64...... 8558 36...... 9304 516...... 8325 73...... 9297, 9472 37...... 9304 531...... 8325 40 CFR 74...... 9297 38...... 9304 578...... 8325 51...... 9470 Proposed Rules: 39...... 9304 579...... 8325 1...... 8335, 8748 43...... 9304 52 ...... 8689, 8691, 8693, 8697, 580...... 8325 8868, 9290, 9294, 9857 2...... 7660 780...... 8326 25...... 7660 18 CFR 60...... 9470 788...... 8326 61...... 9470 51...... 7839 11...... 8855 795...... 8326 62...... 8699, 9021 54...... 8335, 9309 153...... 7643 1910...... 9576 63...... 9470 64...... 7681, 9894 157...... 7643 180 .....8700, 8704, 8707, 8710, 90...... 8748 30 CFR 250...... 8131 9859, 9862, 9866, 9869 292...... 8133 1206...... 9286 228...... 9873 48 CFR 342...... 9448 1241...... 7808, 9286 271...... 8713 12...... 8308 385...... 8131 Proposed Rules: 281...... 9879 25...... 8308 Proposed Rules: 250...... 8878 Proposed Rules: 52...... 8308 35...... 8309 550...... 8878 52 ...... 8561, 8564, 8566, 8569, 553...... 9301 8574, 8722, 8727, 8729, 20 CFR 31 CFR 8734, 8736, 8742, 8743, 49 CFR 655...... 7927 1010...... 7810 9031, 9036, 9038, 9039, 702...... 8686 9041, 9307, 9884 Proposed Rules: Proposed Rules: 33 CFR 62...... 9043 1180...... 8336 655...... 7656 110...... 7647 81...... 9884 656...... 7656 117...... 7649 281...... 9893 50 CFR 702...... 8721 165 .....7651, 7810, 7972, 8140, 10...... 8715 8687, 9460 42 CFR 622 ...... 7815, 7977, 8876 22 CFR Proposed Rules: 400...... 9471 635...... 8717 35...... 7804 100...... 8328 410...... 9471 648...... 8559 103...... 7804 165...... 8157, 8879 414...... 9471 660...... 9301 127...... 7804 415...... 9471 679 .....7816, 7817, 7818, 8308, 138...... 7804 34 CFR 423...... 7813, 9471 8719 36...... 7974 424...... 9471 Proposed Rules: 23 CFR 668...... 7974 425...... 9471 223...... 7686, 8749 Proposed Rules: 486...... 7814 226...... 7686, 8749 470...... 7838 36 CFR 1001...... 7815 300...... 9312 635...... 7838 7...... 9289 Proposed Rules: 648...... 9901 655...... 7838 701...... 9289 42...... 9308 660...... 8750, 9473

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