Vol. 86 Monday, No. 24 February 8, 2021

Pages 8537–8684

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 86, No. 24

Monday, February 8, 2021

Agriculture Department Environmental Protection Agency See National Agricultural Statistics Service PROPOSED RULES Air Quality State Implementation Plans; Approvals and Census Bureau Promulgations: NOTICES Connecticut; Regulations to Limit Premises-Wide Actual Agency Information Collection Activities; Proposals, and Potential Emissions From Major Stationary Submissions, and Approvals: Sources of Air Pollution, 8574–8577 Generic Clearance for Emergency Economic Information Delaware; Amendments To Control of Volatile Organic Collections, 8580–8581 Compounds Mobile Equipment Repair and National Survey of Children’s Health, 8581–8582 Refinishing Rule Regulation, 8561–8564 Meetings: New Hampshire; Sulfur Content Limitations for Fuels, Scientific Advisory Committee, 8582–8583 8566–8569 Pennsylvania; 1997 8-Hour Ozone National Ambient Air Centers for Disease Control and Prevention Quality Standards Second Maintenance Plan for the NOTICES Tioga County Area, 8569–8574 Agency Information Collection Activities; Proposals, Rhode Island; Control of Volatile Organic Compound Submissions, and Approvals, 8645–8650 Emissions, 8564–8566 NOTICES Centers for Medicare & Medicaid Services Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, 43 Source Categories, 8634–8640 Submissions, and Approvals, 8650–8651 Alternative Method for Calculating Off-Cycle Credits Under the Light-Duty Vehicle Greenhouse Gas Emissions Civil Rights Commission Program: Application: NOTICES Nissan North America, Inc., 8631–8633 Meetings: Certain New Chemicals or Significant New Uses: Georgia Advisory Committee, 8579–8580 Findings for August 2019, 8628–8631 Findings for September Through December 2019, 8622– Commerce Department 8627 See Census Bureau Pesticide Product Registration: See Foreign-Trade Zones Board Applications for New Active Ingredients (October 2020), See International Trade Administration 8633–8634 See National Oceanic and Atmospheric Administration Applications for New Uses (October 2020), 8631 See Patent and Trademark Office Proposed Settlement Agreement: Comprehensive Environmental Response, Compensation, Consumer Product Safety Commission and Liability Act (CERCLA); Crest Rubber Superfund Site, Alliance, OH, 8617–8618 NOTICES Recent Postings of Broadly Applicable Alternative Test Meetings; Sunshine Act, 8610 Methods, 8627–8628 Request for Approval: Copyright Office, Library of Congress Alternative Means of Emission Limitation, 8618–8622 PROPOSED RULES Hearings: Exemptions To Permit Circumvention of Access Controls Export-Import Bank on Copyrighted Works, 8560–8561 NOTICES NOTICES Agency Information Collection Activities; Proposals, Unclaimed Royalties Study, 8655–8656 Submissions, and Approvals, 8640

Defense Department Federal Aviation Administration See Navy Department NOTICES Agency Information Collection Activities; Proposals, Energy Department Submissions, and Approvals: See Federal Energy Regulatory Commission Aircraft Noise Complaint and Inquiry System (Noise RULES Portal), 8676–8677 Energy Conservation Program: Petition for Waiver of Hercules, a Senneca Holdings Company, from the Walk-In Cooler and Walk-In Federal Communications Commission Freezer Test Procedure and Grant of Interim Waiver, RULES 8553–8558 Advanced Methods To Target and Eliminate Unlawful Waiver of Ningbo FOTILE Kitchen Ware Co. Ltd. From Robocalls, 8558–8559 the Department of Energy Dishwashers Test Unlicensed White Space Device Operations in the Procedure, 8548–8553 Television Bands; Correction, 8558

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Federal Energy Regulatory Commission Determination of Less-Than-Fair-Value Investigation: NOTICES Seamless Refined Copper Pipe and Tube from the Application: Socialist Republic of Vietnam, 8588–8589 Texas Eastern Transmission, LP, 8615–8617 Initiation of Less-Than-Fair-Value Investigation: Texas Eastern Transmission, LP; Waiver Period for Water Pentafluoroethane (R–125) From the People’s Republic of Quality Certification, 8615 China, 8583–8588 Combined Filings, 8612–8615 Environmental Assessments; Availability, etc.: International Trade Commission Santa Clara Valley Water District, 8611–8612 NOTICES Filing: Investigations; Determinations, Modifications, and Rulings, JVR Energy Park, LLC, 8611 etc.: Permit Application: Certain Electronic Devices With Wireless Connectivity, One Drop Hydro, LLC, 8617 Components Thereof, and Products Containing Same, Petition for Declaratory Order: 8653–8654 Quincy-Columbia Basin Irrigation District; East Columbia Basin Irrigation District, 8612–8613 Justice Department Federal Highway Administration NOTICES Proposed Consent Decree, 8655 NOTICES Proposed Consent Decree: Final Federal Agency Actions: CERCLA, 8654–8655 Proposed Transportation Project in Illinois, 8677–8678

Federal Trade Commission Library of Congress NOTICES See Copyright Office, Library of Congress Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8640–8642 National Agricultural Statistics Service NOTICES Foreign-Trade Zones Board Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 8578–8579 Proposed Production Activity: Bauer Manufacturing, LLC, d/b/a NEORig, Foreign-Trade National Institutes of Health Zone 265, Conroe, TX, 8583 NOTICES Subzone Expansion; Approval: Meetings: Abbott Laboratories Itasca, IL, 8583 Center for Scientific Review, 8651–8652 National Institute of Neurological Disorders and Stroke, Government Accountability Office 8651 NOTICES National Institute on Drug Abuse, 8651 System of Records, 8642–8645

Health and Human Services Department National Oceanic and Atmospheric Administration See Centers for Disease Control and Prevention RULES See Centers for Medicare & Medicaid Services Fisheries of the Northeastern United States: See National Institutes of Health Summer Flounder Fishery; Retroactive Quota Transfer From North Carolina to Massachusetts, 8559 Homeland Security Department NOTICES RULES Agency Information Collection Activities; Proposals, Modification of Registration Requirement for Petitioners Submissions, and Approvals: Seeking To File Cap-Subject H–1B Petitions; Delay of Alaska Region Permit Family of Forms, 8609–8610 Effective Date, 8543–8548 Greater Atlantic Region Dealer Purchase Reports, 8609 Meetings: Housing and Urban Development Department Permanent Advisory Committee To Advise the U.S. NOTICES Commissioners to the Western and Central Pacific Agency Information Collection Activities; Proposals, Fisheries Commission, 8608 Submissions, and Approvals: Return Link Service Authorization in the United States Application for Roster Personnel (Appraisers) Designation Search and Rescue Region, 8598 and Appraisal Reports, 8652–8653 Takes of Marine Mammals Incidental to Specified Activities: International Trade Administration Parallel Thimble Shoal Tunnel Project in Virginia Beach, NOTICES VA, 8594–8598 Antidumping or Countervailing Duty Investigations, Orders, Washington State Department of Transportation Purdy or Reviews: Bridge Rehabilitation Project, Pierce County, WA, Aluminum Extrusions From the People’s Republic of 8598–8608 China, 8593 Pentafluoroethane (R–125) From the People’s Republic of National Science Foundation China, 8589–8593 NOTICES Determination in the Less-Than-Fair-Value Investigation: Meetings: Seamless Refined Copper Pipe and Tube From the Astronomy and Astrophysics Advisory Committee, 8656 Socialist Republic of Vietnam; Postponement, 8589 Proposal Review, 8656–8657

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Navy Department Trade Representative, Office of United States NOTICES NOTICES Certificate of Alternate Compliance: Information on 2021 Tariff-Rate Quotas for Exports From USS SAVANNAH, 8610–8611 the United Kingdom, 8676

Nuclear Regulatory Commission Transportation Department NOTICES See Federal Aviation Administration Agency Information Collection Activities; Proposals, See Federal Highway Administration Submissions, and Approvals: Data Report on Spouse, 8657–8658 Treasury Department Meetings; Sunshine Act, 8658 See United States Mint

Patent and Trademark Office U.S.-China Economic and Security Review Commission NOTICES NOTICES Extension of the Period for Comments on the National Hearings, 8678 Strategy for Expanding American Innovation, 8610 United States Mint Presidential Documents NOTICES PROCLAMATIONS Pricing for the 2021 National Law Enforcement Memorial Special Observances: and Museum Commemorative Coin Program and American Heart Month (Proc. 10145), 8537–8538 Christa McAuliffe Silver Dollar, 8678 National Black History Month (Proc. 10146), 8539–8540 National Teen Dating Violence Awareness and Prevention Veterans Affairs Department Month (Proc. 10147), 8541–8542 NOTICES Agency Information Collection Activities; Proposals, Securities and Exchange Commission Submissions, and Approvals: NOTICES Statement in Support of Claim, 8682–8683 Agency Information Collection Activities; Proposals, Loan Guaranty: Submissions, and Approvals, 8658–8659, 8666–8667 Specially Adapted Housing Assistive Technology Grant Application: Program, 8678–8682 Muzinich BDC, Inc., et al., 8667–8675 Meetings; Sunshine Act, 8662, 8675 Self-Regulatory Organizations; Proposed Rule Changes: Reader Aids NYSE American, LLC, 8659–8662 Consult the Reader Aids section at the end of this issue for NYSE Arca, Inc., 8662–8666 phone numbers, online resources, finding aids, and notice of recently enacted public laws. State Department To subscribe to the Federal Register Table of Contents NOTICES electronic mailing list, go to https://public.govdelivery.com/ Culturally Significant Objects Imported for Exhibition: accounts/USGPOOFR/subscriber/new, enter your e-mail Cubism in Color: The Still Lifes of Juan Gris, 8675 address, then follow the instructions to join, leave, or Projects: Gabrielle L’Hirondelle Hill, 8675–8676 manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 10145...... 8537 10146...... 8539 10147...... 8541 8 CFR 214...... 8543 10 CFR 430...... 8548 431...... 8553 37 CFR Proposed Rules: 201...... 8560 40 CFR Proposed Rules: 52 (5 documents) ...8561, 8564, 8566, 8569, 8574 47 CFR 15...... 8558 64...... 8558 50 CFR 648...... 8559

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Federal Register Presidential Documents Vol. 86, No. 24

Monday, February 8, 2021

Title 3— Proclamation 10145 of February 3, 2021

The President American Heart Month, 2021

By the President of the United States of America

A Proclamation Tragically, heart disease continues to be a leading cause of death in the United States. It affects Americans of all genders, races, and ethnicities. Yet despite being one of the country’s most costly and deadly diseases, it is among the most preventable. During American Heart Month, we recom- mit to fighting this disease by promoting better health, wellness, and preven- tion awareness in our communities. Heart disease can impact anyone, but risk factors such as high cholesterol, high blood pressure, physical inactivity, obesity, tobacco use, and alcohol abuse can increase the likelihood of developing the disease. By adopting a few healthy habits, each of us can reduce our risk. Avoiding tobacco, moderating alcohol consumption, making balanced and nutritious meal choices, and staying active can help prevent or treat conditions that lead to heart disease. Adults with heart conditions are also at increased risk of severe illness from COVID–19, which makes it even more important to follow these suggestions. We have seen the death rate from heart attacks rise dramatically during the COVID–19 pandemic because people are delaying or not seeking care after experiencing symptoms. It is important not to ignore early warning signs like chest pain, palpitations, shortness of breath, and sudden dizziness. And the symptoms of a heart attack can be different for men and women, an often-overlooked fact that can impact when people seek care. For more resources and information, follow your health care provider’s advice or visit www.CDC.gov/HeartDisease. My Administration is committed to supporting Americans in their efforts to achieve heart health. Under the Affordable Care Act, many insurance plans cover preventive services like blood pressure and obesity screening at no out-of-pocket cost to the patient. By protecting and expanding access to quality, affordable health care, we will work tirelessly to provide all Americans with the care they need to prevent and treat heart disease. We are also committed to closing the racial disparities in cardiovascular health. Despite an overall decline in death rates for heart disease, risk of heart disease death differs by race and ethnicity, and Black Americans continue to have the highest death rate for heart disease. Increased awareness and access to care will help reduce these staggering and unacceptable statis- tics. This month, we also honor the health care professionals, researchers, and heart health advocates who save our fellow Americans’ lives with their hard work. Every day, they put themselves on the front lines of our fight against heart disease, as well as the scourge of COVID–19. The First Lady and I encourage everyone to participate in National Wear Red Day on Friday, February 5th. By wearing red, we honor those we have lost to heart disease, and we raise awareness of the steps we can all take to prevent this devastating disease. Combatting heart disease is essential to improving public health in our Nation, and together we will

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renew our efforts to make all Americans aware of its signs and symptoms. This month, we recommit to building a healthier future for all. In acknowledgement of the importance of the ongoing fight against cardio- vascular disease, the Congress, by Joint Resolution approved December 30, 1963, as amended (36 U.S.C. 101), has requested that the President issue an annual proclamation designating February as ‘‘American Heart Month.’’ NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, do hereby proclaim February 2021 as American Heart Month, and I invite all Americans to participate in National Wear Red Day on February 5, 2021. I also invite the Governors of the States, the Commonwealth of Puerto Rico, officials of other areas subject to the jurisdiction of the United States, and the American people to join me in recognizing and reaffirming our commitment to fighting cardiovascular disease. IN WITNESS WHEREOF, I have hereunto set my hand this third day of February, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty- fifth.

[FR Doc. 2021–02675 Filed 2–5–21; 8:45 am] Billing code 3295–F1–P

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Proclamation 10146 of February 3, 2021 National Black History Month, 2021

By the President of the United States of America

A Proclamation This February, during Black History Month, I call on the American people to honor the history and achievements of Black Americans and to reflect on the centuries of struggle that have brought us to this time of reckoning, redemption, and hope. We have never fully lived up to the founding principles of this Nation— that all people are created equal and have the right to be treated equally throughout their lives. But in the Biden-Harris Administration, we are com- mitted to fulfilling that promise for all Americans. I am proud to celebrate Black History Month with an Administration that looks like America—one that reflects the full talents and diversity of the American people and that heralds many firsts, including the first Black Vice President of the United States and the first Black Secretary of Defense, among other firsts in a cabinet that is comprised of more Americans of color than any other in our history. It is long past time to confront deep racial inequities and the systemic racism that continue to plague our Nation. A knee to the neck of justice opened the eyes of millions of Americans and launched a summer of protest and stirred the Nation’s conscience. A pandemic has further ripped a path of destruction through every commu- nity in America, but we see its acute devastation among Black Americans who are dying, losing jobs, and closing businesses at disproportionate rates in the dual crisis of the pandemic and the economy. We saw how a broad coalition of Americans of every race and background registered and voted—more people than in any other election in our Nation’s history—to heal these wounds and unite and move forward as a Nation. But also less than 1 month after the attack on the Capitol, on our very democracy, by a mob of insurrectionists—of extremists and white suprema- cists—a bookend of the last 4 years and the hate that marched from the streets of Charlottesville, and that shows we remain in a battle for the soul of America. We must bring to our work a seriousness of purpose and urgency. That is why we are putting our response to COVID–19 on a war footing and marshalling every resource we have to contain the pandemic, deliver eco- nomic relief to millions of Americans who desperately need it, and build back better than ever before. That is why we are also launching a first-ever whole-government-approach to advancing racial justice and equity across our Administration—in health care, education, housing, our economy, our justice system, and in our elec- toral process. We do so not only because it is the right thing to do, but because it is the smart thing to do, benefitting all of us in this Nation. We do so because the soul of our Nation will be troubled as long as systemic racism is allowed to persist. It is corrosive. It is destructive. It is costly. We are not just morally deprived because of systemic racism, we are also less prosperous, less successful, and less secure as a Nation.

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We must change. It will take time. But I firmly believe the Nation is ready to make racial justice and equity part of what we do today, tomorrow, and every day. I urge my fellow Americans to honor the history made by Black Americans and to continue the good and necessary work to perfect our Union for every American. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim February 2021 as National Black History Month. I call upon public officials, educators, librar- ians, and all the people of the United States to observe this month with appropriate programs, ceremonies, and activities. IN WITNESS WHEREOF, I have hereunto set my hand this third day of February, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty- fifth.

[FR Doc. 2021–02676 Filed 2–5–21; 8:45 am] Billing code 3295–F1–P

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Proclamation 10147 of February 3, 2021

National Teen Dating Violence Awareness and Prevention Month, 2021

By the President of the United States of America

A Proclamation This February, during National Teen Dating Violence Awareness and Preven- tion Month, we stand with those who have known the pain and isolation of an abusive relationship, and we recommit to ending the cycle of teen dating violence that affects too many of our young people. Together, it’s on all of us to raise the national awareness about teen dating violence and promote safe and healthy relationships. Dating violence transcends gender, race, religion, ethnicity, sexual orienta- tion, and socioeconomic status. It takes many forms, among them physical, sexual, and emotional abuse, bullying, and shaming, which can occur in person or through electronic communication and social media. The spiral of violent dating relationships can lead to depression, anxiety, drug and alcohol use, as well as suicidal thoughts. Victims, especially young women, transgender, and gender nonconforming youth who face higher rates of vio- lence, may suffer lifelong consequences. Many young people do not report the abuse for fear of retribution or unwarranted embarrassment. The pattern of abuse often continues to future relationships. My Administration encourages all Americans to lead by example by pro- moting healthy relationships, protecting our teens from abuse, and ensuring they have access to good help and support. If you or someone you know is involved in an abusive relationship of any kind, immediate and confidential support is available by visiting loveisrespect.org, calling 1–866–331–9474 (TTY: 1–800–787–3224), or texting ‘‘loveis’’ to 22522. For additional information and resources on dating vio- lence, please visit VetoViolence.CDC.gov. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim February 2021 as National Teen Dating Violence Awareness and Prevention Month. I call upon all Americans to support efforts in their communities and schools, and in their own families, to empower young people to develop healthy relationships throughout their lives and to prevent and respond to teen dating violence. It’s on all of us.

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

[FR Doc. 2021–02677 Filed 2–5–21; 8:45 am] Billing code 3295–F1–P

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Rules and Regulations Federal Register Vol. 86, No. 24

Monday, February 8, 2021

This section of the FEDERAL REGISTER associated with implementation, DHS comments that relate to the economic, contains regulatory documents having general leadership will also evaluate the January environmental, or federalism effects that applicability and legal effect, most of which 8th rule and its associated policies, as might result from this final rule. are keyed to and codified in the Code of is typical of agencies at the beginning of Comments must be submitted in Federal Regulations, which is published under a new Administration. 50 titles pursuant to 44 U.S.C. 1510. English, or an English translation must DATES: As of February 8, 2021, the be provided. Comments that will The Code of Federal Regulations is sold by effective date of the final rule published provide the most assistance to DHS in the Superintendent of Documents. January 8, 2021, at 86 FR 1676, is implementing these changes will: delayed to December 31, 2021. DHS is reference a specific portion of the final accepting public comments on this rule; explain the reason for any DEPARTMENT OF HOMELAND delay until March 10, 2021. SECURITY recommended change; and include data, ADDRESSES: You may submit comments information, or authority that supports 8 CFR Part 214 on the entirety of this final rule package, such a recommended change. identified by DHS Docket No. USCIS– Comments submitted in a manner other [CIS No. 2680–21; Docket No: USCIS 2020– 2020–0019, through the Federal than those listed in the ADDRESSES 0019] eRulemaking Portal: http:// section, including emails or letters sent www.regulations.gov. Follow the RIN 1615–AC61 website instructions for submitting to DHS or USCIS officials, will not be comments. Comments submitted in a considered comments on the final rule. Modification of Registration Please note that DHS and USCIS cannot Requirement for Petitioners Seeking manner other than the one listed above, including emails or letters sent to DHS accept any comments that are hand- To File Cap-Subject H–1B Petitions; delivered or couriered. In addition, Delay of Effective Date or USCIS officials, will not be considered comments on this final rule USCIS cannot accept mailed comments AGENCY: U.S. Citizenship and and may not receive a response from contained on any form of digital media Immigration Services (USCIS), U.S. DHS. Please note that DHS and USCIS storage devices, such as CDs/DVDs and Department of Homeland Security cannot accept any comments that are USB drives. (DHS). hand-delivered or couriered. In Instructions: If you submit a ACTION: Final rule; delay of effective addition, USCIS cannot accept comment, you must include the agency date; request for comments. comments contained on any form of name (U.S. Citizenship and Immigration digital media storage devices, such as Services) and the DHS Docket No. SUMMARY: CDs/DVDs and USB drives. Due to On January 8, 2021, DHS USCIS–2020–0019 for this rulemaking. published a final rule, Modification of COVID–19, USCIS is also not accepting Regardless of the method used for Registration Requirement for Petitioners mailed comments at this time. If you submitting comments or material, all Seeking To File Cap-Subject H–1B cannot submit your comment by using Petitions (H–1B Selection Final Rule) http://www.regulations.gov, please submissions will be posted, without amending regulations governing the contact Samantha Deshommes, Chief, change, to the Federal eRulemaking process by which U.S. Citizenship and Regulatory Coordination Division, Portal at http://www.regulations.gov, Immigration Services (USCIS) selects Office of Policy and Strategy, U.S. and will include any personal H–1B registrations for the filing of H–1B Citizenship and Immigration Services, information you provide. Therefore, cap-subject petitions (or H–1B petitions Department of Homeland Security, by submitting this information makes it for any year in which the registration telephone at 240–721–3000 for alternate public. You may wish to consider requirement is suspended), by generally instructions. limiting the amount of personal first selecting registrations based on the FOR FURTHER INFORMATION CONTACT: information that you provide in any highest Occupational Employment Charles L. Nimick, Chief, Business and voluntary public comment submission Statistics (OES) prevailing wage level Foreign Workers Division, U.S. you make to DHS. DHS may withhold that the proffered wage equals or Citizenship and Immigration Services, information provided in comments from exceeds for the relevant Standard 5900 Capital Gateway Drive, Camp public viewing that it determines may Occupational Classification (SOC) code Springs, MD 20746; telephone 240–721– impact the privacy of an individual or and area(s) of intended employment. 3000 (this is not a toll-free number). is offensive. For additional information, The Department is delaying the rule’s Individuals with hearing or speech please read the Privacy and Security effective date until December 31, 2021, impairments may access the telephone Notice available at http:// because USCIS will not have adequate number above via TTY by calling the www.regulations.gov. time to complete system development, toll-free Federal Information Relay Docket: For access to the docket and thoroughly test the modifications, train Service at 1–877–889–5627 (TTY–TDD). to read background documents or staff, and conduct public outreach SUPPLEMENTARY INFORMATION: needed to ensure an effective and comments received, go to http:// orderly implementation of the H–1B I. Public Participation www.regulations.gov, referencing DHS Selection Final Rule by the time the DHS invites all interested parties to Docket No. USCIS–2020–0019. You may initial registration period will be open participate in this rulemaking by also sign up for email alerts on the for the upcoming fiscal year (FY) 2022 submitting written data, views, online docket to be notified when H–1B cap season. During the delay, comments, and arguments on all aspects comments are posted or a final rule is while USCIS works through the issues of this final rule. DHS also invites published.

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II. Background the final rule on January 8, 2021, changes to facilitate full compliance On January 8, 2021, DHS published finalized a new selection process with the new regulatory requirements. the H–1B Selection Final Rule, requiring, from a technical standpoint, While DHS considered other Modification of Registration that a new algorithm be developed, alternatives, including a shorter term Requirement for Petitioners Seeking To thoroughly tested, and implemented in delay (such as a delay of 60 days, or a the form of an electronic registration File Cap-Subject H–1B Petitions, delay to the start of the next fiscal year, tool. The publication date of the final amending regulations governing the October 1, 2021), DHS believes that a rule only affords six weeks of process by which USCIS selects H–1B longer delay is needed to avoid the development time, and less than two registrations for the filing of H–1B cap- confusion and disparate treatment of subject petitions (or H–1B petitions for weeks to complete internal end-to-end testing and external performance testing registrants that would result if a new any year in which the registration rule took effect during the initial requirement is suspended). Under the with DHS OneNet, the DHS network. The selection logic is a fundamental registration period, or a subsequent rule, USCIS would generally select registration and selection period, for the H–1B registrations based on proffered part of the registration tool, and the H–1B Selection Final Rule created more FY 2022 numerical allocations, wages and corresponding prevailing particularly if USCIS needs to open a wage levels. Specifically, USCIS would complexity in the logic calculation by adding several versions of lotteries that subsequent registration period later this first select registrations with proffered year to ensure full utilization of the FY wages that meet or exceed the highest must be developed, thoroughly tested and implemented. This additional 2022 numerical allocations. DHS cannot OES prevailing wage level for the predict, with full certainty, the demand relevant SOC code and area(s) of complexity essentially requires a for H–1B visas for FY 2022 given the intended employment.1 complete rebuilding of the registration The H–1B Selection Final Rule is tool that was developed for the FY 2021 current state of the U.S. economy, the 2 currently scheduled to go into effect on selection process. In light of these continued COVID–19 public health March 9, 2021. As discussed in greater technical challenges, DHS now believes emergency, and efforts to address it in detail below, after further consideration, that there is not adequate time to the United States and abroad. Thus, USCIS has determined that the final develop and thoroughly test the new DHS cannot predict whether it will be rule’s 60-day effective date does not H–1B registration system, conduct necessary to continue to accept afford USCIS sufficient time between training and provide outreach on such registrations after the initial registration the publication of the rule on January 8, changes to the regulated public prior to period for the FY 2022 numerical the start of the FY22 initial registration allocations closes, or whether USCIS 2021, and March 9, 2021, to complete 3 the development and thoroughly test the period. will need to reopen the H–1B As indicated below, DHS wants to modifications needed in the H–1B registration period later in the 2021 ensure the orderly and efficient registration system to sufficiently calendar year to generate the number of administration of the H–1B numerical minimize technical risks that result H–1B cap petitions projected as needed allocations and wants to avoid from a compressed testing schedule, as to reach the FY 2022 numerical disruption to the regulated public by allocations. Should USCIS need to open well as to amend policies and train staff affording itself sufficient time to fully to ensure the effective and orderly a subsequent registration period and the modify and thoroughly test the changes H–1B Selection Final Rule is in effect at administration of the cap under the to the H–1B registration system, H–1B Selection Final Rule. By this that time, that would mean that H–1B minimize technical risks that result registrations for the same fiscal year action, DHS is delaying the H–1B from a compressed testing schedule, and Selection Final Rule until December 31, would be selected under two different provide the regulated public enough standards, thus causing confusion and 2021, and is applying the regulations time to become familiar with those currently in place (random selection) to disparate treatment among H–1B registrants for FY 2022. Further, if the initial registration period, and, most 2 Development of the new system has been likely, any subsequent registration ongoing since publication of the final rule, however USCIS needed to select additional period for the FY 2022 registration current estimates indicate that development work registrations after the H–1B Selection process. will not be complete before February 19, 2021. Final Rule takes effect, but must Testing of the system may commence upon DHS expects that delaying the rule to completion of system development, which only continue to select from among those December 31, 2021, will provide USCIS leaves one to two weeks (depending on when the submitted before the H–1B Selection sufficient time to develop, thoroughly initial registration period opens), in a best case Final Rule takes effect (e.g. submitted test, and implement the modifications to scenario, to test the system, identify any bugs, during the initial registration period), conduct additional development to resolve the registration system and selection identified bugs, complete additional testing to the submitted registrations would not process and give stakeholders sufficient ensure proper functionality, conduct internal contain the necessary data to make a time to adjust to new procedures arising training, and provide outreach to the public. wage level selection as such data would from the new rule. The publication of 3 The Registration Requirement for Petitioners only be collected after the H–1B Seeking to File H–1B Petitions on Behalf of Cap- Subject Aliens Final Rule, 84 FR 888 (Jan. 31, 2019), Selection Final Rule, and associated 1 86 FR 1676. The H–1B Selection Final Rule was made clear that implementation of the registration revisions to data collection, take effect. approved by Chad F. Wolf in his capacity as Acting tool requires significant development, testing and The H–1B Selection Final Rule does not Secretary of Homeland Security. DHS is aware that stakeholder outreach that cannot reasonably happen have a mechanism whereby USCIS multiple courts have indicated or held that Mr. in a few weeks. As a result, DHS delayed Wolf did not have valid authority to act, and, implementation of the initial registration process could request additional information therefore, did not have authority to sign rules in for a full year to develop, test, and conduct from registrants in order to apply a new that capacity. DHS also is aware that, following stakeholder outreach. The H–1B Selection Final regulatory scheme. Furthermore, issuance of the rule, Peter T. Gaynor and Mr. Wolf Rule would also benefit from a similar delay to took steps to ratify the H–1B Selection Final Rule. develop, thoroughly test, and conduct stakeholder applying a new regulation to See DHS Delegation No. 23028, Delegation to the training on the modified registration tool, including registrations submitted under the Under Secretary for Strategy, Policy, and Plans to training on identifying the wage level that should current regulations would lead to Act on Final Rules, Regulations, and Other Matters be used for selection. While there was an disparate treatment of registrants who (Jan. 12, 2021); Chad F. Wolf, Ratification (Jan. 14, aspirational hope that the H–1B Selection Final 2021). By issuing this rule, DHS states no position Rule could be implemented in time for the FY 22 submitted registrations during the same on Mr. Gaynor’s or Mr. Wolf’s actions or authority. selection process, that hope has proven misguided. initial registration period and would

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have the potential to disturb their Furthermore, because the selection including obtain certified Labor reliance interests. process would be dependent on wage Condition Applications (LCAs) from the After determining that there is not level, the scope of work for contractor U.S. Department of Labor (DOL) for adequate time for USCIS to complete the staff would require not only initial submission during the first week of development and thoroughly test the review of petitions for completeness and April. This change could impact DOL modifications to the H–1B registration correct filing fees, but also to identify operations because a far larger number system, train staff, and conduct outreach the wage levels that would be used to of LCAs than anticipated with the on the H–1B Selection Final Rule, DHS rank them for purposes of the selection registration-based system would be filed also considered an alternative to process. Petitions that do not contain in a compressed time period, and DOL delaying the H–1B Selection Final Rule, required wage information would have would need to ensure they are i.e. having USCIS suspend the to be rejected. Because the scope of processed in accordance with the registration process for FY 2022 under intake work would significantly expand, statutory and regulatory processing 8 CFR 214.2(h)(8)(iv) and apply the new the time to complete intake would be timeframe of 7 working days. 20 CFR rule to the petition-based selection lengthened. 655.730(b). This is additional cost for process. However, USCIS determined Moreover, reverting to a paper-based the public to prepare and submit that suspending the registration process selection process would re-introduce petitions when they do not have notice would have deleterious impacts on the additional uncertainties into the H–1B as to whether they are or will be FY 2022 selection process, as applying selection process that the electronic selected. For these several reasons, the new selection methodology to a registration process eliminated. For USCIS determined that reverting to a petition-based selection process would example, in order to conduct the paper- paper-based selection process in order be exceedingly difficult and require based selection process, USCIS would to implement the H–1B Selection Final even more time to operationalize, likely have to suspend premium Rule during FY 2022 was not a viable particularly given COVID–19 and the processing of H–1B petitions which alternative. difficulty the agency would face in would further delay the processing of Therefore, to ensure USCIS will not staffing up to pivot to in-person intake, petitions. be incapable of administering the H–1B sorting, and selection process. For The aforementioned problems are cap selection process and both avoid example, last year USCIS experienced significantly aggravated by the COVID– concerns associated with reverting to a significant difficulty staffing the Service 19 pandemic. In particular, to ensure paper-based selection process, as well as Centers with contract staff to intake sufficient physical distancing of staff on applying two separate regulatory petitions during the petition filing premises, USCIS has already made schemes to the H–1B selection process, season, even considering that the plans to evenly distribute the H–1B DHS believes that delaying the effective registration-based selection process petition adjudication workload for FY date of the H–1B Selection Final Rule significantly reduced the number of 2022 between four Service Centers: until December 31, 2021, will provide petitions filed at one time. Initial hiring California Service Center, Nebraska sufficient time to complete the selection of sufficient contractor staff to support Service Center, Texas Service Center, process for the FY 2022 numerical USCIS petition intake was incredibly and Vermont Service Center. If USCIS allocations, thus avoiding unnecessary difficult and, due to COVID–19, data were to suspend the electronic confusion and possible inequitable entry was significantly delayed. It took registration process in order to results as well as more time for USCIS several weeks to complete data entry implement the H–1B Selection Rule to to modify and test its systems, train and reject petitions that did not meet conduct the FY 2022 selection process, staff, and conduct public outreach. the regulatory requirements (e.g. those USCIS would require a significant During the period of the delayed filed with incorrect fees), which amount of time to staff up and train staff effective date, while DHS works through eliminated the ability of some at the Nebraska and Texas Service the issues associated with petitioners to refile their petitions Centers because those Service Centers implementation, DHS leadership will within the assigned filing window had never previously conducted also evaluate the January 8th rule and because of this delay. Suspending the petition-based intake and selection. its associated policies, as is typical of registration process entirely for FY 2022 Additionally, because USCIS has agencies at the beginning of a new would mean that, during the first week already made plans to evenly distribute Administration. of April, USCIS would receive petitions the H–1B petition adjudication Given the longer delay, USCIS expects from all employers seeking cap-subject workload for FY 2022 between four that it will select from among all of the H–1B workers (i.e., not only those Service Centers, current budget and registrations properly submitted toward whose registrations are selected in planning for the California Service the FY 2022 H–1B numerical allocations advance) through a paper-based process Center and Vermont Service Center does based on the current (random selection) (e.g. U.S. mail, commercial courier), and not provide enough resources required regulations that will be in effect when would require a significant ramping up for those two centers to handle the USCIS first begins accepting in contractor staffing. Arranging timely entire workload and to quickly pivot to registrations or petitions toward the FY contractor staffing typically requires a petition-based filing system. 2022 numerical allocations. several months of advanced planning Finally, the petition-based process DHS also believes that December 31, (e.g. announcing positions, receiving would require time for the public to 2021, while most likely to extend applications, running background pivot and prepare H–1B petitions, beyond when USCIS has determined checks on applicants, onboarding, and that it has received enough petitions training), and therefore cannot be to implement the H–1B Selection Final Rule on projected as needed to reach the FY achieved in a timely manner if USCIS March 9, 2021. In reliance on that hope, and given 2022 numerical allocations, also were to retain the March 9, 2021 COVID–19 related challenges, as well as ongoing budget constraints, USCIS has not initiated steps to balances the competing need to ensure effective date.4 staff up for a possible suspension of the FY 2022 that the regulated public has sufficient registration process, which would be the first in advance notice and certainty as to the 4 As indicated above, until very recently, USCIS many steps required to utilize this alternative for had hoped that it would be able to modify and implementing the H–1B Selection Final Rule. rules that will be in effect for the FY thoroughly test the H–1B registration system in time Therefore, this is not a viable option for USCIS. 2023 H–1B numerical allocations.

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III. Statutory and Regulatory impose an unreasonable burden on process in this context, as well as no Requirements prospective petitioners and beneficiaries lead time to offer outreach to the because changes so close to the regulated public, would similarly A. Administrative Procedure Act beginning of that cap season would disrupt the expectations of the regulated This rule is being issued without prior adversely impact U.S. employers and public, and adversely affect the ability notice and opportunity to comment and would create uncertainty and confusion. of at least some petitioners to participate with an immediate effective date Multiple commenters said companies in the selection process for FY 2022. pursuant to 5 U.S.C. 553(b)(B) and (d). already have made hiring decisions Therefore, DHS is delaying the effective The Administrative Procedure Act based on the existing registration date of the H–1B Selection Final Rule to (APA), 5 U.S.C. 551 et seq., authorizes system, so delaying implementation December 31, 2021. an agency to issue a rule without prior until the FY 2023 cap filing season (set Current regulations at 8 CFR notice and opportunity to comment to begin in March 2022) would give the 214.2(h)(8)(iii)(A)(3) require that the when the agency, for good cause, finds regulated community time to adjust. registration period start at least 14 that those procedures are Some commenters disagreed, stating calendar days before the earliest date on ‘‘impracticable, unnecessary, or contrary that there was sufficient time for DHS, which H–1B cap-subject petitions may to the public interest.’’ 5 Similarly, the employers, and others to adjust to the be filed for a particular fiscal year (i.e., APA requires agencies to provide at changes.8 April 1, 2021, or shortly thereafter for least a 30-day delayed effective date for Upon further consideration of these FY 2022). Therefore, USCIS must open substantive rules,6 except where the comments, in addition to concerns that the registration period some time in agency provides good cause to forgo this USCIS lacks adequate time to make and early- to mid-March. Delaying the requirement. DHS has good cause to thoroughly test system modifications, effective date of the H–1B Selection delay the H–1B Selection Final Rule’s revise internal procedures, train staff, Final Rule beyond March 9, 2021, effective date without advance notice and offer training to the regulated necessarily requires that USCIS apply and comment because immediate public, and concerns that reverting to a the random selection regulations implementation would be paper-based selection process also currently in place to the FY 2022 initial impracticable. Implementing the H–1B would have adverse effects on the registration period. As discussed above, Selection Final Rule on March 9, 2021, regulated public and the agency, DHS DHS aims to ensure an orderly and would require USCIS to make and test believes that providing the regulated effective administration of the FY 2022 major H–1B registration system public with only 60 days (with a current H–1B numerical allocations. Because of modifications, revise internal effective date of March 9, 2021) to adapt this delay rule, the initial FY 2022 procedures, train staff, and offer training to new regulatory requirements and registration period will be administered to the regulated public, before the modifications of the H–1B registration under the current regulations. DHS March 2021 start of FY 2022 H–1B cap system before the FY 2022 H–1B cap believes that it is best for the public that filing season. While USCIS initially registration season would cause the same legal standard is also applied assessed that it would have sufficient confusion and very likely would to all of the FY 2022 H–1B numerical time to undertake these changes and significantly disrupt the orderly allocations. If the H–1B Selection Final advised the regulated public administration of the H–1B cap. This is Rule were to take effect during the accordingly in the H–1B Selection Final particularly so since, as described initial registration period, or any Rule,7 upon further review, USCIS has above, USCIS believes it can neither subsequent registration period during determined that it will not have stand-up, thoroughly test, and therefore FY 2022, USCIS believes it would not be sufficient time to ensure an orderly and deploy the H–1B registration system operationally able to administer the effective implementation of the changes changes and thus would not be able to H–1B numerical allocations under two to the H–1B registration system in time conduct outreach on such changes to different regulatory standards. for the FY 2022 H–1B cap season, the regulated public in advance of Therefore, DHS is delaying the including time to make and thoroughly implementation based on the current effective date of the H–1B Selection test system modifications, train staff, March 9, 2021 effective date, nor can it Final Rule to December 31, 2021, to and conduct outreach. In addition and successfully revert to a paper-based better ensure that the H–1B Selection as discussed in detail above, DHS petition selection process on this Final Rule will not take effect while determined that USCIS suspending the timeline. In addition, DHS believes that USCIS is still administering the FY 2022 registration process and instead the possibility of having two different numerical allocation selection process. applying the H–1B Selection Final Rule regulatory schemes apply to the same This delay and the application of the through a paper-based petition selection fiscal year would create significant current regulations to the initial process is not a viable alternative confusion for the regulated public that registration period for the FY 2022 because it would have deleterious would not have been reasonably numerical allocations will provide DHS effects on both the regulated public and foreseeable; the same is true for with more time to modify and test the the agency. reverting to a paper-based petition changes to the H–1B registration system In addition, DHS recognizes that selection process. Similarly, reverting to that will be needed to implement wage- commenters responding to the H–1B a paper-based petition process in order level-based selection, and to provide the Selection Notice of Proposed to implement the H–1B Selection Final regulated public with time to adapt to Rulemaking requested that DHS delay Rule, with so little lead time to develop new procedures arising from the new implementation of the H–1B Selection a process for sorting and selecting from legal requirements and system Final Rule because of insufficient time among potentially two hundred modifications. for them to adapt to a new regulatory thousand petitions, hiring temporary DHS is aware that some prospective regime. Commenters indicated that contract staff during the national health petitioners and beneficiaries already immediate implementation would emergency to handle intake of the may have changed their behavior in petitions, and train staff on how to reliance on the H–1B Selection Final 5 5 U.S.C. 553(b)(B). conduct a new wage-based selection Rule. However, given the short amount 6 5 U.S.C. 553(d). of time that has passed since this rule 7 86 FR at 1710. 8 86 FR at 1710. was published on January 8, 2021, DHS

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believes that any reliance is minimal D. Unfunded Mandates Reform Act 801(a)(3). However, pursuant to 5 U.S.C. and that such reliance interests do not The Unfunded Mandates Reform Act 808(2), DHS is forgoing the 60-day outweigh the need for DHS to ensure of 1995 (UMRA) is intended, among delayed effective date for the reasons that USCIS has sufficient time to other things, to curb the practice of articulated in the Administrative implement the new regulations, and that imposing unfunded Federal mandates Procedure Act section above. This final the regulated public has enough time to on State, local, and tribal governments. rule will take effect immediately upon adjust to the new registration selection Title II of UMRA requires each Federal publication. DHS has complied with the process. agency to prepare a written statement CRA’s reporting requirements and has sent this final rule to Congress and to Because it would be impracticable to assessing the effects of any Federal mandate in a proposed or final agency the Comptroller General as required by provide for notice and comment and a 5 U.S.C. 801(a)(1). delayed effective date in advance of the rule that may result in a $100 million or March 9, 2021, effective date, DHS is more expenditure (adjusted annually for F. Executive Order 13132 (Federalism) inflation) in any one year by State, local, proceeding with this final rule. This final rule would not have Accordingly, the effective date of the H– and tribal governments, in the aggregate, or by the private sector. The inflation- substantial direct effects on the states, 1B Selection Final Rule, FR Doc. 2021– on the relationship between the 00183, published on January 8, 2021, at adjusted value equivalent of $100 million in 1995 adjusted for inflation to National Government and the states, or 86 FR 1676, is delayed to December 31, on the distribution of power and 2021. 2019 levels by the Consumer Price Index for All Urban Consumers (CPI–U) responsibilities among the various B. Executive Order 12866, Regulatory is approximately $168 million based on levels of government. Therefore, in Planning and Review, Executive Order the Consumer Price Index for All Urban accordance with section 6 of Executive 13563 (Improving Regulation and Consumers. Order 13132, DHS has determined that Regulatory Review) Because the H–1B Selection Final this final rule does not have sufficient Rule that is being delayed by this final federalism implications to warrant the Executive Orders (E.O.) 12866 and rule may result in the expenditure of preparation of a federalism summary 13563 direct agencies to assess the costs, more than $100 million by the private impact statement. benefits, and transfers of available sector annually, OIRA has determined G. Executive Order 12988 (Civil Justice alternatives, and if regulation is that this rule may as well. However, Reform) necessary, to select regulatory neither the H–1B Selection Final Rule approaches that maximize net benefits, nor this rulemaking is a ‘‘Federal This final rule meets the applicable including potential economic, mandate’’ as defined for UMRA standards set forth in sections 3(a) and environmental, public health and safety purposes. The cost of preparation of 3(b)(2) of Executive Order 12988. effects, distributive impacts, and equity. H–1B petitions (including required H. Executive Order 13175 (Consultation E.O. 13563 emphasizes the importance evidence) and the payment of H–1B and Coordination With Indian Tribal of quantifying both costs and benefits, of nonimmigrant petition fees by Governments) reducing costs, of harmonizing rules, petitioners or other private sector and of promoting flexibility. Pursuant to entities is, to the extent it could be This final rule does not have ‘‘tribal Executive Order 12866 (Regulatory termed an enforceable duty, one that implications’’ because it does not have Planning and Review), the Office of arises from participation in a voluntary substantial direct effects on one or more Information and Regulatory Affairs Federal program, petitioning for Indian tribes, on the relationship (OIRA), of the Office of Management classification of the beneficiary as an between the Federal Government and and Budget (OMB) determined that this H–1B nonimmigrant. This final rule Indian tribes, or on the distribution of rule is ‘‘economically significant’’ under does not contain such a mandate. The power and responsibilities between the E.O. 12866 and has reviewed this requirements of Title II of UMRA, Federal Government and Indian tribes. regulation. therefore, do not apply, and DHS has Accordingly, E.O. 13175, Consultation not prepared a statement under UMRA. and Coordination with Indian Tribal C. Regulatory Flexibility Act Therefore, no actions were deemed Governments, requires no further necessary under the provisions of the agency action or analysis. The Regulatory Flexibility Act of 1980 UMRA. (RFA), 5 U.S.C. 605(b), as amended by I. National Environmental Policy Act the Small Business Regulatory E. Congressional Review Act (NEPA) Enforcement Fairness Act of 1996, The Office of Information and DHS analyzes actions to determine Public Law 104–121 (March 29, 1996), Regulatory Affairs determined that the whether the National Environmental requires Federal agencies to consider H–1B Selection final rule was a major Policy Act, Public Law 91–190, 42 the potential impact of regulations on rule as defined by 5 U.S.C. 804, also U.S.C. 4321 through 4347 (NEPA), small entities during the development of known as the ‘‘Congressional Review applies to them and, if so, what degree their rules. ‘‘Small entities’’ are small Act’’ (CRA), as enacted in section 251 of of analysis is required. DHS Directive businesses, not-for-profit organizations the Small Business Regulatory 023–01 Rev. 01 (Directive) and that are not dominant in their fields, Enforcement Fairness Act of 1996, Instruction Manual 023–01–001–01 Rev. and governmental jurisdictions with Public Law 104–121, 110 Stat. 847, 868– 01, Implementation of the National populations of less than 50,000. A 874, and codified at 5 U.S.C. 801–808. Environmental Policy Act (Instruction regulatory flexibility analysis is not Therefore, OIRA has determined that Manual) establish the policies and required when a rule is exempt from this rule should have a ‘‘major’’ rule procedures that DHS and its notice and comment rulemaking. This designation because its practical impact components use to comply with NEPA final rule is exempt from notice and is that it is delaying the implementation and the Council on Environmental comment rulemaking, as stated in the of a major rule to FY 2023. The CRA Quality (CEQ) regulations for Administrative Procedure Act, section requires that major rules have a 60-day implementing NEPA, 40 CFR parts of the preamble. delayed effective date. 5 U.S.C. 1500–1508.

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The CEQ regulations allow federal filed for workers to be employed in waiver and interim waiver from Ningbo agencies to establish, with CEQ review specialty occupations or whether the FOTILE Kitchen Ware Co. Ltd. and concurrence, categories of actions regulatory amendments herein will (‘‘FOTILE’’), which seeks a waiver for (‘‘categorical exclusions’’) that result in an overall change in the specified dishwasher basic models from experience has shown do not number of H–1B petitions that the U.S. Department of Energy (‘‘DOE’’) individually or cumulatively have a ultimately will be approved, and the test procedure used for determining the significant effect on the human number of H–1B workers who will be energy and water consumption of environment and, therefore, do not employed in the United States in any dishwashers. DOE also gives require an Environmental Assessment FY. DHS has no reason to believe that notification of an Interim Waiver Order (EA) or Environmental Impact delaying these amendments to H–1B that requires FOTILE to test and rate the Statement (EIS).9 Categorical exclusions regulations will change the specified dishwasher basic models in established by DHS are set forth in environmental effect, if any, of the accordance with the alternate test Appendix A of the Instruction Manual. existing regulations. Therefore, DHS has procedure set forth in the Interim Under DHS NEPA implementing determined that, even if NEPA applied Waiver Order. DOE solicits comments, procedures, for an action to be to this action, this final rule clearly fits data, and information concerning categorically excluded, it must satisfy within categorical exclusion A3(d) in FOTILE’s petition and its suggested each of the following three conditions: the Instruction Manual, which provides alternate test procedure so as to inform (1) The entire action clearly fits within an exclusion for ‘‘promulgation of rules DOE’s final decision on FOTILE’s one or more of the categorical . . . that amend an existing regulation waiver request. exclusions; (2) the action is not a piece without changing its environmental DATES: The Interim Waiver Order is of a larger action; and (3) no effect.’’ This final rule only delays effective on February 8, 2021. Written extraordinary circumstances exist that another final rule and will maintain the comments and information are create the potential for a significant current human environment. This final 10 requested and will be accepted on or environmental effect. rule is not a part of a larger action and before March 10, 2021. As discussed in more detail presents no extraordinary circumstances throughout this final rule, DHS is ADDRESSES: Interested persons are creating the potential for significant encouraged to submit comments using issuing this final rule to delay the environmental effects. Therefore, this effective date and postpone the the Federal eRulemaking Portal at action is categorically excluded and no http://www.regulations.gov. implementation of the H–1B Selection further NEPA analysis is required. Final Rule. That rule is amending Alternatively, interested persons may regulations governing the selection of IV. Paperwork Reduction Act submit comments, identified by case registrations or petitions, as applicable, number ‘‘2020–020’’, and Docket DHS is delaying the implementation number ‘‘EERE–2020–BT–WAV–0035,’’ toward the annual H–1B numerical of all changes to the H–1B Registration allocations based on the wage level that by any of the following methods: Tool (OMB Control number 1615–0144) • Federal eRulemaking Portal: http:// equals or exceeds the proffered wage and Form I–129, Petition for a based on occupational classification and www.regulations.gov. Follow the Nonimmigrant Worker (Form I–129) instructions for submitting comments. area of intended employment. (OMB Control number 1615–0009), Generally, DHS believes NEPA does • Email: associated with the H–1B Selection FotileDishwasher2020WAV0035@ not apply to a rule intended to change Final Rule until December 31, 2021. a discrete aspect of a visa program ee.doe.gov. Include Case No. 2020–020 because any attempt to analyze its Alejandro N. Mayorkas, in the subject line of the message. • potential impacts would be largely, if Secretary, U.S. Department of Homeland Postal Mail: Appliance and not completely, speculative. The same Security. Equipment Standards Program, U.S. applies to a rule delaying the effective [FR Doc. 2021–02665 Filed 2–4–21; 4:15 pm] Department of Energy, Office of Energy date of such a rule that does not change BILLING CODE 9111–97–P Efficiency and Renewable Energy, the rule’s substance, but only postpones Building Technologies Office, Mailstop its effective date, and consequently EE–5B, Petition for Waiver Case No. pushes out the date on which it will be DEPARTMENT OF ENERGY 2020–020, 1000 Independence Avenue implemented. This final rule does not SW, Washington, DC 20585–0121. If alter the statutory limitations on the 10 CFR Part 430 possible, please submit all items on a numbers of nonimmigrants who may be compact disc (‘‘CD’’), in which case it is issued initial H–1B visas or granted [Case Number 2020–020; EERE–2020–BT– not necessary to include printed copies. WAV–0035] initial H–1B nonimmigrant status, or • Hand Delivery/Courier: Appliance those who consequently will be Energy Conservation Program: and Equipment Standards Program, U.S. admitted into the United States as H–1B Notification of Petition for Waiver of Department of Energy, Building nonimmigrants, or those who will be Ningbo FOTILE Kitchen Ware Co. Ltd. Technologies Office, 950 L’Enfant Plaza allowed to change their status to H–1B, From the Department of Energy SW, 6th Floor, Washington, DC 20024. or will extend their stay in H–1B status. Dishwashers Test Procedure and Telephone: (202) 287–1445. If possible, DHS does not believe, and cannot Notification of Grant of Interim Waiver please submit all items on a CD, in reasonably estimate whether, the delay which case it is not necessary to include in a rule that establishes a wage-level- AGENCY: Office of Energy Efficiency and printed copies. based ranking approach to select H–1B Renewable Energy, Department of No telefacsimilies (‘‘faxes’’) will be registrations (or petitions in any year in Energy. accepted. For detailed instructions on which the registration requirement were ACTION: Notification of petition for submitting comments and additional suspended) that DHS is implementing waiver and grant of an interim waiver; information on this process, see the will affect how many petitions will be request for comments. SUPPLEMENTARY INFORMATION section of this document. 9 See 40 CFR 1507.3(b)(2)(ii), 1508.4. SUMMARY: This notification announces Docket: The docket, which includes 10 Instruction Manual section V.B(2)(a)–(c). receipt of and publishes a petition for Federal Register notices, comments,

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and other supporting documents/ line, including the operation manual 2 the petitioner is Jason Gastman, materials, is available for review at for the specified basic models. Based on [email protected], 6 Campus http://www.regulations.gov. All this review, the suggested alternate test Dr., Suite 210, Parsippany, NJ 07054. documents in the docket are listed in procedure appears to allow for the Submitting comments via http:// the http://www.regulations.gov index. accurate measurement of the energy and www.regulations.gov. The http:// However, some documents listed in the water consumption of the specified www.regulations.gov web page will index, such as those containing basic models, while alleviating the require you to provide your name and information that is exempt from public testing problems associated with contact information. Your contact disclosure, may not be publicly FOTILE’s implementation of dishwasher information will be viewable to DOE available. testing for these basic models. Building Technologies staff only. Your The docket web page can be found at Consequently, DOE has determined that contact information will not be publicly https://www.regulations.gov/ FOTILE’s petition for waiver likely will viewable except for your first and last docket?D=EERE-2020-BT-WAV-0035. be granted. Furthermore, DOE has names, organization name (if any), and The docket web page contains determined that it is desirable for public submitter representative name (if any). instruction on how to access all policy reasons to grant FOTILE If your comment is not processed documents, including public comments, immediate relief pending a properly because of technical in the docket. See the SUPPLEMENTARY determination of the petition for waiver. difficulties, DOE will use this INFORMATION section for information on DOE notes, however, that FOTILE’s information to contact you. If DOE how to submit comments through alternate test procedure specifies a test cannot read your comment due to http://www.regulations.gov. enclosure that differs from the technical difficulties and cannot contact FOR FURTHER INFORMATION CONTACT: installation instructions provided in the you for clarification, DOE may not be Ms. Lucy deButts, U.S. Department of operation manual. Specifically, the able to consider your comment. Energy, Office of Energy Efficiency and alternate test procedure retains a However, your contact information Renewable Energy, Building requirement in Section 2.1 that the will be publicly viewable if you include Technologies Office, Mailstop EE–5B, enclosure be brought into the closest it in the comment or in any documents 1000 Independence Avenue SW, contact with the appliance that the attached to your comment. Any Washington, DC 20585–0121. Email: configuration of the dishwasher will information that you do not want to be [email protected]. allow. In the case of FOTILE’s basic publicly viewable should not be Ms. Elizabeth Kohl, U.S. Department model, this would include close contact included in your comment, nor in any of Energy, Office of the General Counsel, between the bottom of the enclosure and document attached to your comment. If Mail Stop GC–33, Forrestal Building, the underside of the in-sink dishwasher. this instruction is followed, persons 1000 Independence Avenue SW, Because the height of the product is viewing comments will see only first 5 Washington, DC 20585–0103. 21 ⁄16 inches (541 millimeters (mm)), and last names, organization names, Telephone: (202) 586–7796. Email: such proximity and resulting height of correspondence containing comments, [email protected]. the test enclosure close to that value and any documents submitted with the would conflict with the installation comments. SUPPLEMENTARY INFORMATION: On instructions in the operation manual, Do not submit to http:// October 15, 2020, FOTILE filed a which specify a minimum enclosure www.regulations.gov information for petition for waiver and interim waiver height of 357⁄16 inches (900 mm), and which disclosure is restricted by statute, from the test procedure for dishwashers such as trade secrets and commercial or 1 may potentially result in differing heat set forth at Appendix C1. In its petition losses from the dishwasher that could financial information (hereinafter for waiver, FOTILE stated that the impact energy consumption during the referred to as Confidential Business subject dishwasher models, which cycle. DOE requests comment on any Information (‘‘CBI’’)). Comments FOTILE described as ‘‘in-sink’’ such potential impacts on energy submitted through http:// dishwashers, do not have a main consumption as a result of the test www.regulations.gov cannot be claimed detergent compartment and have enclosure specifications in the alternate as CBI. Comments received through the different installation instructions than test procedure, and on whether website will waive any CBI claims for under-counter or under-sink installation should be required in the information submitted. For dishwashers. FOTILE has requested accordance with the operation manual information on submitting CBI, see the DOE waive sections of the dishwasher to provide results that are more Confidential Business Information test procedure pertaining to installation representative of average use. section. requirements and placement of the DOE is publishing FOTILE’s petition DOE processes submissions made detergent. FOTILE has suggested an for waiver in its entirety, pursuant to 10 through http://www.regulations.gov alternate test procedure to install the CFR 430.27(b)(1)(iv).3 DOE invites all before posting. Normally, comments dishwasher basic models from the top of interested parties to submit in writing will be posted within a few days of a rectangular enclosure (as opposed to by March 10, 2021, comments and being submitted. However, if large the front) and to specify placement of information on all aspects of the volumes of comments are being the detergent directly into the petition, including the alternate test processed simultaneously, your dishwasher chamber. procedure. Pursuant to 10 CFR comment may not be viewable for up to DOE has reviewed FOTILE’s 430.27(d), any person submitting several weeks. Please keep the comment application for an interim waiver and written comments to DOE must also tracking number that http:// the alternate test procedure requested by send a copy of such comments to the www.regulations.gov provides after you FOTILE. DOE also reviewed petitioner. The contact information for have successfully uploaded your manufacturer information available on- comment. 2 The operation manual can be found in the Submitting comments via email, hand 1 The specific basic models for which the petition docket at https://www.regulations.gov/ delivery/courier, or postal mail. applies are dishwasher basic models SD2F–P1X and docket?D=EERE-2020-BT-WAV-0035. Comments and documents submitted SD2F–P1XL. These basic model names were 3 The petition did not identify any of the provided by FOTILE in its October 15, 2020 information contained therein as confidential via email, hand delivery/courier, or petition. business information. postal mail also will be posted to http://

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www.regulations.gov. If you do not want 2020, by Daniel R. Simmons, Assistant DOE that their products comply with your personal contact information to be Secretary for Energy Efficiency and the applicable energy conservation publicly viewable, do not include it in Renewable Energy, pursuant to standards adopted pursuant to EPCA (42 your comment or any accompanying delegated authority from the Secretary U.S.C. 6295(s)), and (2) making documents. Instead, provide your of Energy. That document with the representations about the efficiency of contact information on a cover letter. original signature and date is that product (42 U.S.C. 6293(c)). Include your first and last names, email maintained by DOE. For administrative Similarly, DOE must use these test address, telephone number, and purposes only, and in compliance with procedures to determine whether the optional mailing address. The cover requirements of the Office of the Federal covered product complies with relevant letter will not be publicly viewable as Register, the undersigned DOE Federal standards promulgated under EPCA. (42 long as it does not include any Register Liaison Officer has been U.S.C. 6295(s)) comments. authorized to sign and submit the Under 42 U.S.C. 6293, EPCA sets forth Include contact information each time document in electronic format for the criteria and procedures DOE is you submit comments, data, documents, publication, as an official document of required to follow when prescribing or and other information to DOE. If you the Department of Energy. This amending test procedures for covered submit via postal mail or hand delivery/ administrative process in no way alters products. EPCA requires that any test courier, please provide all items on a the legal effect of this document upon procedures prescribed or amended CD, if feasible, in which case it is not publication in the Federal Register. under this section must be reasonably necessary to submit printed copies. Signed in Washington, DC, on December designed to produce test results which Faxes will not be accepted. 18, 2020. reflect the energy efficiency, energy use Comments, data, and other Treena V. Garrett, or estimated annual operating cost of a information submitted to DOE covered product during a representative Federal Register Liaison Officer, U.S. electronically should be provided in Department of Energy. average use cycle or period of use and PDF (preferred), Microsoft Word or requires that test procedures not be Excel, WordPerfect, or text (ASCII) file Case Number 2020–020 unduly burdensome to conduct. (42 format. Provide documents that are not Interim Waiver Order U.S.C.6293(b)(3)) The test procedure for secured, written in English and free of dishwashers is contained in the Code of any defects or viruses. Documents I. Background and Authority Federal Regulations (‘‘CFR’’) at 10 CFR should not contain special characters or The Energy Policy and Conservation part 430, subpart B, appendix C1, any form of encryption and, if possible, Act, as amended (‘‘EPCA’’),4 authorizes ‘‘Uniform Test Method for Measuring they should carry the electronic the U.S. Department of Energy (‘‘DOE’’) the Energy Consumption of signature of the author. to regulate the energy efficiency of a Dishwashers’’ (‘‘Appendix C1’’). Campaign form letters. Please submit number of consumer products and Under 10 CFR 430.27, any interested campaign form letters by the originating certain industrial equipment. (42 U.S.C. person may submit a petition for waiver organization in batches of between 50 to 6291–6317) Title III, Part B 5 of EPCA, from DOE’s test procedure 500 form letters per PDF or as one form Public Law 94–163 (42 U.S.C. 6291– requirements. DOE will grant a waiver letter with a list of supporters’ names 6309, as codified), established the from the test procedure requirements if compiled into one or more PDFs. This Energy Conservation Program for DOE determines either that the basic reduces comment processing and Consumer Products Other Than model for which the waiver was posting time. Automobiles, which sets forth a variety requested contains a design Confidential Business Information. of provisions designed to improve characteristic that prevents testing of the According to 10 CFR 1004.11, any energy efficiency for certain types of basic model according to the prescribed person submitting information that he consumer products. These products test procedures, or that the prescribed or she believes to be confidential and include dishwashers, the subject of this test procedures evaluate the basic model exempt by law from public disclosure Interim Waiver Order. (42 U.S.C. in a manner so unrepresentative of its should submit via email, postal mail, or 6292(a)(6)) true energy consumption characteristics hand delivery/courier two well-marked The energy conservation program as to provide materially inaccurate copies: One copy of the document under EPCA consists essentially of four comparative data. 10 CFR 430.27(f)(2). A marked confidential including all the parts: (1) Testing, (2) labeling, (3) petitioner must include in its petition information believed to be confidential, Federal energy conservation standards, any alternate test procedures known to and one copy of the document marked and (4) certification and enforcement the petitioner to evaluate the ‘‘non-confidential’’ with the information procedures. Relevant provisions of performance of the product type in a believed to be confidential deleted. EPCA include definitions (42 U.S.C. manner representative of the energy Submit these documents via email or on 6291), test procedures (42 U.S.C. 6293), consumption characteristics of the basic a CD, if feasible. DOE will make its own labeling provisions (42 U.S.C. 6294), model. 10 CFR 430.27(b)(1)(iii). DOE determination about the confidential energy conservation standards (42 may grant the waiver subject to status of the information and treat it U.S.C. 6295), and the authority to conditions, including adherence to according to its determination. require information and reports from alternate test procedures. 10 CFR It is DOE’s policy that all comments manufacturers (42 U.S.C. 6296). 430.27(f)(2). may be included in the public docket, The Federal testing requirements As soon as practicable after the without change and as received, consist of test procedures that granting of any waiver, DOE will including any personal information manufacturers of covered products must publish in the Federal Register a notice provided in the comments (except use as the basis for: (1) Certifying to of proposed rulemaking to amend its information deemed to be exempt from regulations so as to eliminate any need public disclosure). 4 All references to EPCA in this document refer for the continuation of such waiver. 10 to the statute as amended through America’s Water CFR 430.27(l). As soon thereafter as Signing Authority Infrastructure Act of 2018, Public Law 115–270 (Oct. 23, 2018). practicable, DOE will publish in the This document of the Department of 5 For editorial reasons, upon codification in the Federal Register a final rule to that Energy was signed on December 14, U.S. Code, Part B was redesignated as Part A. effect. Id.

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The waiver process also provides that models according to the prescribed test FOTILE’s implementation of dishwasher DOE may grant an interim waiver if it procedure absent an interim waiver. testing for these basic models. DOE has appears likely that the underlying initially determined that testing the III. Requested Alternate Test Procedure petition for waiver will be granted and/ specified basic models in an enclosure or if DOE determines that it would be EPCA requires that manufacturers use consistent with the manufacturer desirable for public policy reasons to DOE test procedures when making installation instructions provides results grant immediate relief pending a representations about the energy that are more representative of average determination on the underlying consumption and energy consumption use. Consequently, DOE has determined petition for waiver. 10 CFR 430.27(e)(2). costs of covered products. (42 U.S.C. that FOTILE’s petition for waiver likely Within one year of issuance of an 6293(c)) Consistency is important when will be granted. Furthermore, DOE has interim waiver, DOE will either: (i) making representations about the energy determined that it is desirable for public Publish in the Federal Register a efficiency of covered products, policy reasons to grant FOTILE determination on the petition for including when demonstrating immediate relief pending a waiver; or (ii) publish in the Federal compliance with applicable DOE energy determination of the petition for waiver. Register a new or amended test conservation standards. Pursuant to 10 For the reasons stated, it is ordered procedure that addresses the issues CFR 430.27, and after consideration of that: presented in the waiver. 10 CFR public comments on the petition, DOE (1) FOTILE must test and rate the 430.27(h)(1). may establish in a subsequent Decision following dishwasher basic models with When DOE amends the test procedure and Order an alternate test procedure the alternate test procedure set forth in to address the issues presented in a for the basic models addressed by the paragraph (2). waiver, the waiver will automatically Interim Waiver Order. terminate on the date on which use of FOTILE seeks to use an alternate test Brand Basic model that test procedure is required to procedure to test and rate specific demonstrate compliance. 10 CFR dishwasher basic models. In its petition FOTILE ...... SD2F–P1X 430.27(h)(2). for waiver, CNA has suggested the FOTILE ...... SD2F–P1XL following alternate test procedure: II. FOTILE’s Petition for Waiver and • Interim Waiver Update the existing installation (2) The alternate test procedure for the requirements in section 2.1 of Appendix FOTILE basic models identified in On October 15, 2020, FOTILE filed a C1 to add that, ‘‘A compact in-sink paragraph (1) of this Interim Waiver petition for waiver and interim waiver dishwasher combined with a sink Order is the test procedure for from the test procedure for dishwashers doesn’t have a flat bottom and must be dishwashers prescribed by DOE at 10 6 set forth at Appendix C1. In its petition tested in a rectangular enclosure CFR part 430, subpart B, appendix C1, for waiver, FOTILE stated that the constructed of nominal 0.374 inch (9.5 except that the requirements for subject dishwasher models, which mm) plywood painted black. The dishwasher installation and detergent FOTILE described as ‘‘in-sink’’ enclosure must consist of a bottom, a placement are as detailed below. All dishwashers, do not have a main front, a back, and two sides, and it shall other requirements of Appendix C1 and detergent compartment and have not have a top. We put the in-sink DOE’s regulations remain applicable. different installation instructions than dishwasher into the enclosure from the In section 2.1, Installation, add at the under-counter or under-sink top and mounted it to the edges of the end of the section: dishwashers. FOTILE has requested enclosure.’’ DOE waive sections of the dishwasher A compact in-sink dishwasher with a • Update the existing detergent combination sink must be installed in a test procedure pertaining to installation requirements in section 2.10 of requirements and placement of the rectangular enclosure constructed of Appendix C1 to add that, ‘‘For compact nominal 0.374 inch (9.5 mm) plywood detergent. FOTILE has suggested an dishwashers that have neither prewash alternate test procedure to install the painted black. The enclosure must program nor a main detergent dishwasher basic models from the top of consist of a front, a bottom, a back, and compartment, determine the amount of a rectangular enclosure (as opposed to two sides and the dishwasher must be main wash detergent (in grams) to be the front) and to specify placement of installed from the top and mounted to added directly into the dishwasher the detergent directly into the the edges of the enclosure. chamber according to section 2.10.2 of dishwasher chamber. In section 2.10, Detergent, add at the FOTILE also requests an interim this appendix.’’ end of the section: waiver from the existing DOE test IV. Interim Waiver Order For compact in-sink dishwashers with procedure. DOE will grant an interim a combination sink that have neither DOE has reviewed FOTILE’s waiver if it appears likely that the prewash program nor a main detergent application for an interim waiver and petition for waiver will be granted, and/ compartment, determine the amount of the alternate test procedure requested by or if DOE determines that it would be main wash detergent (in grams) to be FOTILE. DOE also reviewed desirable for public policy reasons to added directly into the washing manufacturer information available on- grant immediate relief pending a chamber according to section 2.10.2 of line, including the operation manual 7 determination of the petition for waiver. this appendix. for the specified basic models. Based on 10 CFR 430.27(e)(2). (3) Representations. FOTILE may not this review, the suggested alternate test Based on the assertions in the make representations about the energy procedure appears to allow for the petition, the installation and detergent and water use of a basic model listed in accurate measurement of the energy and placement characteristics of the subject paragraph (1) for compliance, water consumption of the specified basic models prevent testing of the basic marketing, or other purposes unless that basic models, while alleviating the basic model has been tested in testing problems associated with 6 The specific basic models for which the petition accordance with the provisions set forth applies are dishwasher basic models SD2F–P1X and in this alternate test procedure and such SD2F–P1XL. These basic model names were 7 The operation manual can be found in the provided by FOTILE in its October 15, 2020 docket at https://www.regulations.gov/ representations fairly disclose the petition. docket?D=EERE-2020-BT-WAV-0035. results of such testing.

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(4) This Interim Waiver Order shall Department) test procedure for To the best of FOTILE’s knowledge, remain in effect according to the residential dishwashers. Specifically, FOTILE is unable to identify any other provisions of 10 CFR 430.27. FOTILE seeks a waiver for its very- manufactures distributing residential (5) This Interim Waiver Order is small-capacity, highly compact, 3–IN–1 dishwasher models in commerce in the issued on the condition that the in-sink dishwasher because it contains United States that incorporate all of the statements, representations, test data, design characteristics that prevent design characteristics that are the and documentary materials provided by testing according to the test procedures subject of this petition. FOTILE are valid. If FOTILE makes any from Appendix C1. This dishwasher According to the Appendix C1, modifications to the controls or does not have a main detergent FOTILE in-sink dishwasher is a compact configurations of a basic model subject compartment and has different dishwasher, as it can only hold 2 place to this Interim Waiver Order, such installation instructions than under- settings and 6 serving pieces. The modifications will render the waiver counter or under-sink dishwashers. As a current test procedure for compact invalid with respect to that basic model, result, the current test procedure is not dishwasher is set forth in Appendix C1. and FOTILE will either be required to representative of consumers’ use of the FOTILE requires a wavier because the use the current Federal test method or product or the product’s energy and design characteristics of its in-sink submit a new application for a test water consumption characteristics. As dishwasher prevent testing of the procedure waiver. DOE may rescind or described below, FOTILE proposes an product according to the prescribed modify this waiver at any time if it alternative test procedure for this DOE test procedure. The first reason we determines the factual basis underlying dishwasher that will allow FOTILE to require a waiver is, the FOTILE in-sink the petition for the Interim Waiver test the product and determine its’ dishwasher does not have a main Order is incorrect, or the results from compliance in accordance with the detergent compartment. Consumers can the alternate test procedure are Department’s current energy add dishwasher detergent directly into unrepresentative of the basic model’s conservation standards for residential the dishwasher chamber. The second true energy consumption characteristics. dishwashers. reason we are applying for a waiver is 10 CFR 430.27(k)(1). Likewise, FOTILE FOTILE Group, based on Ningbo this unit is combined with a sink and may request that DOE rescind or modify China, has been focusing on high-end has a different height, so the machine the Interim Waiver Order if FOTILE kitchen appliances since its foundation does not have a flat bottom, and cannot discovers an error in the information in 1996. FOTILE’s business footprints stand on the ground. Therefore, the provided to DOE as part of its petition, have covered more than 30 countries, installation instructions are different including the United States, Canada, determines that the interim waiver is no from a traditional under-counter Malaysia, Indonesia, Australia, etc. longer needed, or for other appropriate dishwasher. Because of these two design FOTILE markets its products only under reasons. 10 CFR 430.27(k)(2). characteristics, this unit cannot be the ‘‘FOTILE’’ brand in the United (6) Issuance of this Interim Waiver tested in accordance with sections of the States. Order does not release FOTILE from the test procedure regarding adding applicable requirements set forth at 10 I. Model for Which a Waiver Is detergent and installation requirements. CFR part 429. Requested As described further below, FOTILE DOE makes decisions on waivers and The Basic models for which a waiver therefore requests a waiver of those interim waivers for only those basic is requested are SD2F–P1X and SD2F– aspects of the test procedure and models specifically set out in the P1XL. Both of these models include a proposes an alternative in which the petition, not future models that may be sink and a dishwasher combined into detergent is put directly into the manufactured by the petitioner. FOTILE one unit. These two models are dishwasher chamber, and the unit is may submit a new or amended petition basically identical. They have the same mounted into a counter top cut-out for waiver and request for grant of electrical, physical, and functional enclosure. interim waiver, as appropriate, for characteristics that affect energy FOTILE submits that the procedure is additional basic models of dishwashers. consumption, energy efficiency, water representative of consumer use and Alternatively, if appropriate, FOTILE consumption, and water efficiency. The thus, representative of the product’s true may request that DOE extend the scope only difference between SD2F–P1X and energy and water consumption of a waiver or an interim waiver to SD2F–P1XL is the position of the sink characteristics. include additional basic models and the dishwasher. The dishwasher 111. Proposed Alternate Test Procedure employing the same technology as the chamber of SD2F–P1X is on the right basic model(s) set forth in the original and of SD2F–P1XL is on the left. As a FOTILE proposed the following petition consistent with 10 CFR result, these basic models can use the alternative test procedure to evaluate 430.27(g). same petition for Waiver and for Interim the performance of the model that is Signed in Washington, DC, on December Waiver. subject of the waiver request. The 14, 2020. alternative test procedure is the same as Daniel R Simmons, II. Need for the Requested Waiver the existing test procedure for Assistant Secretary for Energy Efficiency and The FOTILE non-soil-sensing in-sink residential dishwasher except that it Renewable Energy. dishwasher is a highly beneficial considers that the unit doesn’t have a product, especially suitable for small main detergent compartment and Petition of Ningbo FOTILE Kitchen families, tiny house structures, RVs, doesn’t have a flat bottom. Ware Co. Ltd for Waiver and Interim home bars, secondary kitchens, and FOTILE shall be required to test the Waiver of Test Procedure for other space-constrained places. The unit performance of the model subject to the Residential Dishwasher SD2F– uses less time to finish a normal wash, waiver according to the test procedure P1X&SD2F–P1XL which is approximately 45min with for residential dishwashers in 10 CFR Ningbo FOTILE Kitchen Ware Co. Ltd excellent washing results. It also has part 430, subpart B, Appendix C1, respectfully submits this petition for beneficial design characteristics to avoid except as follows: Waiver and for Interim Waiver of the having to bend when loading and Add the following at the end of Department of Energy (DOE or unloading dishes. section 2.10 of Appendix C1:

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‘‘For compact dishwashers that have Director of Product Department. • Email: Hercules2020WAV0027@ neither prewash program nor a main Ningbo FOTILE Kitchen Ware Co. Ltd ee.doe.gov. Include Case No. 2020–013 detergent compartment, determine the No.218 Binhai 2nd Road, Hangzhou Bay New in the subject line of the message. amount of main wash detergent (in District, Ningbo, China(315336) • Postal Mail: Appliance and grams) to be added directly into the [FR Doc. 2020–28497 Filed 2–5–21; 8:45 am] Equipment Standards Program, U.S. dishwasher chamber according to BILLING CODE 6450–01–P Department of Energy, Office of Energy section 2.10.2 of this appendix.’’ Efficiency and Renewable Energy, Add the following at the end of Building Technologies Office, Mailstop section 2.1 of Appendix C1: DEPARTMENT OF ENERGY EE–5B, Petition for Waiver Case No. ‘‘A compact in-sink dishwasher 2020–013, 1000 Independence Avenue 10 CFR Part 431 combined with a sink doesn’t have a flat SW, Washington, DC 20585–0121. If bottom and must be tested in a possible, please submit all items on a rectangular enclosure constructed of [Case Number 2020–013; EERE–2020–BT– compact disc (‘‘CD’’), in which case it is nominal 0.374inch (9.5mm) plywood WAV–0027] not necessary to include printed copies. painted black. The enclosure must • Hand Delivery/Courier: Appliance Energy Conservation Program: consist of a bottom, a front, a back, and and Equipment Standards Program, U.S. Notification of Petition for Waiver of two sides, and it shall not have a top. Department of Energy, Building Hercules, a Senneca Holdings We put the in-sink dishwasher into the Technologies Office, 950 L’Enfant Plaza Company, From the Department of enclosure from the top and mounted it SW, 6th floor, Washington, DC 20024. Energy Walk-in Cooler and Walk-in to the edges of the enclosure.’’ Telephone: (202) 287–1445. If possible, Freezer Test Procedure and please submit all items on a CD, in IV. Petition for Interim Waiver Notification of Grant of Interim Waiver which case it is not necessary to include FOTILE also hereby applies for an AGENCY: Office of Energy Efficiency and printed copies. Interim Waiver of the applicable test Renewable Energy, Department of No telefacsimilies (‘‘faxes’’) will be procedure requirement for its very- Energy. accepted. For detailed instructions on small-capacity, highly compact, 3–IN–1 submitting comments and additional in-sink residential dishwasher. The ACTION: Notification of petition for information on this process, see the models for which the Interim Waiver is waiver and grant of an interim waiver; SUPPLEMENTARY INFORMATION section of requested are SD2F–P1X and SD2F– request for comments. this document. P1XL. These models will be marketed in Docket: The docket, which includes SUMMARY: This document announces commerce under the FOTILE brand Federal Register notices, comments, receipt of and publishes a petition for name. Based on these facts, we feel and other supporting documents/ waiver and interim waiver from FOTILE meets the criteria for an Interim materials, is available for review at Hercules, a Senneca Holdings company, Waiver. Without waiver relief, FOTILE http://www.regulations.gov. All which seeks a waiver for specified basic would be subject to requirements that documents in the docket are listed in models of walk-in cooler and walk-in clearly cannot apply to this product. In the http://www.regulations.gov index. freezer doors (‘‘walk-in doors’’) from the addition, FOTILE would most likely However, some documents listed in the U.S. Department of Energy (‘‘DOE’’) test suffer economic hardship and be at a index, such as those containing procedure used for determining the competitive disadvantage if it cannot information that is exempt from public energy consumption of walk-in doors. gain DOE approval and start to disclosure, may not be publicly This document also provides distribute in the United States. available. notification of an Interim Waiver Order FOTILE’s in-sink dishwasher meets The docket web page can be found at requiring Hercules to test and rate the consumers’ needs in today’s http://www.regulations.gov/ specified walk-in door basic models in marketplace because it is highly docket?D=EERE-2020-BT-WAV-0027. accordance with the alternate test compact, easy to install, saves time, and The docket web page contains procedure set forth in the Interim eliminates having to bend down while instruction on how to access all Waiver Order. DOE solicits comments, loading and unloading dishes. It is also documents, including public comments, data, and information concerning the an affordable, energy-efficient in the docket. See the SUPPLEMENTARY petition and its suggested alternate test alternative for consumers to choose. In INFORMATION section for information on procedure so as to inform DOE’s final FOTILE’s opinion, we feel there is no how to submit comments through decision on the waiver request. basis to delay this innovative product http://www.regulations.gov. from entering the marketplace. DATES: The Interim Waiver Order is FOR FURTHER INFORMATION CONTACT: Ms. effective on February 8, 2021. Written V. Conclusion Lucy deButts, U.S. Department of comments and information are Energy, Office of Energy Efficiency and FOTILE respectfully requests that requested and will be accepted on or Renewable Energy, Building DOE grant its Petition for Waiver of the before March 10, 2021. Technologies Office, Mailstop EE–5B, applicable test procedure and grant its ADDRESSES: Interested persons are 1000 Independence Avenue SW, Petition for Interim Waiver for the encouraged to submit comments using Washington, DC 20585–0121. Email: specified models. the Federal eRulemaking Portal at [email protected]. FOTILE also submits its test report http://www.regulations.gov. Mr. Michael Kido, U.S. Department of according to the alternate test procedure Alternatively, interested persons may Energy, Office of the General Counsel, included in the attachment. submit comments, identified by case Mail Stop GC–33, Forrestal Building, Thank you for your timely attention number ‘‘2020–013’’, and Docket 1000 Independence Avenue SW, on reviewing this application of petition number ‘‘EERE–2020–BT–WAV–0027,’’ Washington, DC 20585–0103. for Waiver and for Interim Waiver. by any of the following methods: Telephone: (202) 586–8145. Email: Respectfully submitted, • Federal eRulemaking Portal: http:// [email protected]. /s/ www.regulations.gov. Follow the SUPPLEMENTARY INFORMATION: The U.S. Guoqing Hu, instructions for submitting comments. Department of Energy (‘‘DOE’’) is

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publishing a petition for waiver from DOE processes submissions made ‘‘non-confidential’’ with the information Hercules, a Senneca Holdings company, through http://www.regulations.gov believed to be confidential deleted. (‘‘Hercules’’) in its entirety, pursuant to before posting. Normally, comments Submit these documents via email or on 10 CFR 431.401(b)(1)(iv).1 DOE invites will be posted within a few days of a CD, if feasible. DOE will make its own all interested parties to submit in being submitted. However, if large determination about the confidential writing by March 10, 2021, comments volumes of comments are being status of the information and treat it and information on all aspects of the processed simultaneously, your according to its determination. petition, including the alternate test comment may not be viewable for up to It is DOE’s policy that all comments procedure. Pursuant to 10 CFR several weeks. Please keep the comment may be included in the public docket, 431.401(d), any person submitting tracking number that http:// without change and as received, written comments to DOE must also www.regulations.gov provides after you including any personal information send a copy of such comments to the have successfully uploaded your provided in the comments (except petitioner. The contact information for comment. information deemed to be exempt from the petitioner is Brendan Batzlaff, Door Submitting comments via email, hand public disclosure). delivery/courier, or postal mail. Engineering. Telephone: (507) 934– Signing Authority 0545. Email: bbatzlaff@ Comments and documents submitted doorengineering.com. via email, hand delivery/courier, or This document of the Department of Submitting comments via http:// postal mail also will be posted to http:// Energy was signed on December 28, www.regulations.gov. The http:// www.regulations.gov. If you do not want 2020, by Daniel R Simmons, Assistant www.regulations.gov web page will your personal contact information to be Secretary for Energy Efficiency and require you to provide your name and publicly viewable, do not include it in Renewable Energy, pursuant to contact information. Your contact your comment or any accompanying delegated authority from the Secretary information will be viewable to DOE documents. Instead, provide your of Energy. That document with the Building Technologies staff only. Your contact information on a cover letter. original signature and date is contact information will not be publicly Include your first and last names, email maintained by DOE. For administrative viewable except for your first and last address, telephone number, and purposes only, and in compliance with names, organization name (if any), and optional mailing address. The cover requirements of the Office of the Federal submitter representative name (if any). letter will not be publicly viewable as Register, the undersigned DOE Federal If your comment is not processed long as it does not include any Register Liaison Officer has been properly because of technical comments. authorized to sign and submit the difficulties, DOE will use this Include contact information each time document in electronic format for information to contact you. If DOE you submit comments, data, documents, publication, as an official document of cannot read your comment due to and other information to DOE. If you the Department of Energy. This technical difficulties and cannot contact submit via postal mail or hand delivery/ administrative process in no way alters you for clarification, DOE may not be courier, please provide all items on a the legal effect of this document upon able to consider your comment. CD, if feasible, in which case it is not publication in the Federal Register. However, your contact information necessary to submit printed copies. Signed in Washington, DC, on December will be publicly viewable if you include Faxes will not be accepted. 29, 2020. it in the comment or in any documents Comments, data, and other Treena V. Garrett, attached to your comment. Any information submitted to DOE Federal Register Liaison Officer, U.S. information that you do not want to be electronically should be provided in Department of Energy. PDF (preferred), Microsoft Word or publicly viewable should not be Case Number 2020–013 included in your comment, nor in any Excel, WordPerfect, or text (ASCII) file document attached to your comment. If format. Provide documents that are not Interim Waiver Order secured, written in English and free of this instruction is followed, persons I. Background and Authority viewing comments will see only first any defects or viruses. Documents The Energy Policy and Conservation and last names, organization names, should not contain special characters or any form of encryption and, if possible, Act, as amended (‘‘EPCA’’),2 authorizes correspondence containing comments, the U.S. Department of Energy (‘‘DOE’’) and any documents submitted with the they should carry the electronic signature of the author. to regulate the energy efficiency of a comments. number of consumer products and Do not submit to http:// Campaign form letters. Please submit certain industrial equipment. (42 U.S.C. www.regulations.gov information for campaign form letters by the originating 6291–6317) Title III, Part C 3 of EPCA, which disclosure is restricted by statute, organization in batches of between 50 to added by the National Energy such as trade secrets and commercial or 500 form letters per PDF or as one form Conservation Policy Act, Public Law financial information (hereinafter letter with a list of supporters’ names 95–619, sec. 441 (Nov. 9, 1978), referred to as Confidential Business compiled into one or more PDFs. This established the Energy Conservation Information (‘‘CBI’’)). Comments reduces comment processing and Program for Certain Industrial submitted through http:// posting time. Confidential Business Information. Equipment, which sets forth a variety of www.regulations.gov cannot be claimed According to 10 CFR 1004.11, any provisions designed to improve the as CBI. Comments received through the person submitting information that he energy efficiency for certain types of website will waive any CBI claims for or she believes to be confidential and industrial equipment. This equipment the information submitted. For exempt by law from public disclosure includes walk-in coolers and walk-in information on submitting CBI, see the should submit via email, postal mail, or Confidential Business Information hand delivery/courier two well-marked 2 All references to EPCA in this document refer section. copies: one copy of the document to the statute as amended through America’s Water Infrastructure Act of 2018, Public Law 115–270 1 The petition did not identify any of the marked confidential including all the (Oct. 23, 2018). information contained therein as confidential information believed to be confidential, 3 For editorial reasons, upon codification in the business information. and one copy of the document marked U.S. Code, Part C was redesignated as Part A–1.

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freezers, the subject of this Interim true energy consumption characteristics the specified basic models and Waiver Order. (42 U.S.C. 6311(1)(G)) as to provide materially inaccurate stipulated values in the suggested The energy conservation program comparative data. See 10 CFR alternate test procedure, Hercules under EPCA consists essentially of four 431.401(f)(2). A petitioner must include submitted an updated petition for parts: (1) Testing, (2) labeling, (3) in its petition any alternate test waiver and interim waiver on October Federal energy conservation standards, procedures known to the petitioner to 14, 2020, that provided additional and and (4) certification and enforcement evaluate the performance of the updated information. (Hercules, No. 2; procedures. Relevant provisions of equipment type in a manner ‘‘October 2020 petition’’) 5 EPCA include definitions (42 U.S.C. representative of the energy Section 4.5.2 of Appendix A, ‘‘Direct 6311), energy conservation standards consumption characteristics of the basic Energy Consumption of Electrical (42 U.S.C. 6313), test procedures (42 model. See 10 CFR 431.401(b)(1)(iii). Components of Non-Display Doors’’, U.S.C. 6314), labeling provisions (42 DOE may grant the waiver subject to establishes percent time off (‘‘PTO’’) U.S.C. 6315), and the authority to conditions, including adherence to values that account for the percent of require information and reports from alternate test procedures. See 10 CFR time that an electrical device is assumed manufacturers (42 U.S.C. 6316). 431.401(f)(2). to be off for lighting, anti-sweat heaters, The Federal testing requirements As soon as practicable after the and any other electricity-consuming consist of test procedures that granting of any waiver, DOE will devices. The PTO value discounts the manufacturers of covered equipment publish in the Federal Register a notice daily energy consumption of electrical must use as the basis for: (1) Certifying of proposed rulemaking to amend its components as calculated in section to DOE that their equipment complies regulations so as to eliminate any need 4.5.2(b) of Appendix A. Hercules stated with the applicable energy conservation for the continuation of such waiver. See that the basic models identified in its standards adopted pursuant to EPCA (42 10 CFR 431.401(l). As soon thereafter as petition use electric door motors for U.S.C. 6316(a); 42 U.S.C. 6295(s)), and practicable, DOE will publish in the vertical and horizontal openings of the (2) making representations about the Federal Register a final rule to that walk-in doors. The motors described in efficiency of that equipment (42 U.S.C. effect. Id. Hercules’s waiver petition are ‘‘other 6314(d)). Similarly, DOE must use these The waiver process also provides that electricity consuming devices . . . test procedures to determine whether DOE may grant an interim waiver if it controlled by a preinstalled timer, the covered equipment complies with appears likely that the underlying control system or other auto-shut-off relevant standards promulgated under petition for waiver will be granted and/ system’’ under section 4.5.2(a)(3) of EPCA. (42 U.S.C. 6316(a); 42 U.S.C. or if DOE determines that it would be Appendix A. The DOE test procedure 6295(s)) desirable for public policy reasons to specifies using a PTO value of 25 Under 42 U.S.C. 6314, EPCA sets forth grant immediate relief pending a percent for such devices, thereby the criteria and procedures DOE is determination on the underlying reflecting an ‘‘on’’ time of 75 percent. required to follow when prescribing or petition for waiver. See 10 CFR Hercules stated that operating a door amending test procedures for covered 431.401(e)(2). Within one year of motor for 75 percent of the day equipment. EPCA requires that any test issuance of an interim waiver, DOE will significantly overstates normal motor procedures prescribed or amended either: (i) Publish in the Federal usage on their powered door models. under this section must be reasonably Register a determination on the petition (Hercules, No. 2 at p. 1) designed to produce test results which for waiver; or (ii) publish in the Federal In the July 2020 petition, Hercules reflect the energy efficiency, energy use Register a new or amended test requested a PTO of 96 percent, based on or estimated annual operating cost of procedure that addresses the issues an opening of 120 inches, instead of the covered equipment during a presented in the waiver. See 10 CFR PTO value of 25 percent specified in representative average use cycle and 431.401(h)(1). section 4.5.2(a)(3) of Appendix A for requires that test procedures not be When DOE amends the test procedure electricity-consuming devices other unduly burdensome to conduct. (42 to address the issues presented in a than lighting and anti-sweat heaters. U.S.C. 6314(a)(2)) The test procedure for waiver, the waiver will automatically (Hercules, No. 1 at pp. 2–3) DOE measuring the energy consumption of terminate on the date on which use of requested clarification from Hercules on walk-in cooler and walk-in freezer doors that test procedure is required to the maximum opening width and height (‘‘walk-in doors’’) is contained in the demonstrate compliance. See 10 CFR for all horizontally and vertically Code of Federal Regulations (‘‘CFR’’) at 431.401(h)(2). opening doors specified in the petition 10 CFR part 431, subpart R, appendix A, for waiver to evaluate the most energy ‘‘Uniform Test Method for the II. Hercules’s Petition for Waiver and Interim Waiver consumptive scenarios. Measurement of Energy Consumption of In the October 2020 petition, Hercules the Components of Envelopes of Walk- By letter dated July 22, 2020, provided performance data for three In Coolers and Walk-In Freezers’’ Hercules, a Senneca Holdings company, door examples: the first two for (‘‘Appendix A’’). (‘‘Hercules’’) filed a petition for waiver horizontally sliding door basic models Under 10 CFR 431.401, any interested and interim waiver from the test and the third for vertical lift door basic person may submit a petition for waiver procedure for walk-in doors set forth at models. (Hercules, No. 2 at pp. 2–3) All from DOE’s test procedure 10 CFR part 431, subpart R, appendix A. 4 examples estimated a normal daily use requirements. DOE will grant a waiver (Hercules, No. 1; ‘‘July 2020 petition’’) of 120 cycles. One cycle is one complete from the test procedure requirements if Subsequent to the July 22, 2020 opening and one complete closing of a DOE determines either that the basic submission and in response to questions model for which the waiver was from DOE regarding characteristics of 5 Due to the lengthy list of walk-in door basic requested contains a design models listed in Hercules’s October 2020 petition, characteristic that prevents testing of the 4 A notation in the form ‘‘Hercules, No. 1’’ DOE is making the complete list publicly available basic model according to the prescribed identifies a written submission: (1) Made by in the relevant regulatory docket. The specific basic Hercules; and (2) recorded in document number 1 models identified in Appendix I of the petition can test procedures, or that the prescribed that is filed in the docket of this petition for waiver be found in the docket at http:// test procedures evaluate the basic model (Docket No. EERE–2020–BT–WAV–0027) and www.regulations.gov/docket?D=EERE-2020-BT- in a manner so unrepresentative of its available for review at http://www.regulations.gov. WAV-0027.

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door. The 120-cycle estimate is determination of the petition for waiver. provided by Hercules in the October consistent with the value relied on by See 10 CFR 431.401(e)(2). 2020 petition and the associated DOE in its evaluation of potential test Based on the assertions in the calculations are the most energy procedure provisions to address door petition, absent an interim waiver, the consumptive scenarios for the basic opening infiltration in the test walk-in door basic models with electric models specified by Hercules (i.e., the procedure supplemental notice of door motors identified in Hercules’s single-slide electric horizontal sliding proposed rulemaking published October 2020 petition for a waiver door basic models beginning with EHS– September 9, 2010. 75 FR 55068, cannot be tested and rated for energy D, the bi-parting electric horizontal 55085.6 consumption on a basis representative sliding door basic models beginning The first example provided by of their actual energy consumption with EBP–D, and the electric vertical Hercules was the Single Slide Electric characteristics. lifting door basic models beginning with Horizontal Sliding Door, which has a III. Requested Alternate Test Procedure EVL–D). DOE then validated these maximum opening of 288 inches calculations. operating at a speed of 10 inches per EPCA requires that manufacturers use Based on DOE’s review, Hercules’s second (‘‘IPS’’) in both directions. DOE test procedures when making suggested alternate test procedure that (Hercules, No. 2 at p. 2) For this representations about the energy applies a PTO value of 92 percent example, the normal daily use cycle consumption and energy consumption appears to allow for the accurate estimate and cycle time estimate result costs of covered equipment. (42 U.S.C. measurement of the energy in a total motor run time of 115.2 6314(d)) Consistency is important when consumption of the specified basic making representations about the energy minutes (1.92 hours) per day, leaving models, while alleviating the testing efficiency of covered equipment, the door motor out of operation for issues associated with Hercules’s including when demonstrating 22.08 hours per day, or 92 PTO. Id. implementation of walk-in door testing compliance with applicable DOE energy The second example provided by for these basic models. The required use conservation standards. Pursuant to its Hercules was the Bi-Parting Electric of a PTO value of 92 percent is regulations at 10 CFR 430.401, and after Horizontal Sliding Door, which has a consistent with waivers previously consideration of public comments on maximum opening of 288 inches granted in response to petitions that the petition, DOE may establish in a operating at a speed of 10 IPS in both presented the same issue as in subsequent Decision and Order an directions for each door. Id. Because the Hercules’s petition.7 Consequently, DOE alternate test procedure for the basic motor operator controls the movement has determined that Hercules’s petition models addressed by the Interim Waiver of two doors at once, the cycle time is for waiver will likely be granted. Order. Furthermore, DOE has determined that half of what it was for the Single Slide Hercules seeks to use an alternate test it is desirable for public policy reasons Electric Horizontal Sliding Door procedure to test and rate specific walk- to grant Hercules immediate relief example. This results in an estimated in door basic models. Instead of using pending a determination of the petition total motor run time of 57.6 minutes the PTO value of 25 percent established for waiver. (0.96 hours) per day, leaving the door in section 4.5.2(a)(3) of Appendix A for motor out of operation for 23.04 hours For the reasons stated, it is ordered electricity-consuming devices other that: per day, or 96 PTO. Id. than lighting and anti-sweat heaters, The third example provided by (1) Hercules must test and rate the Hercules requests using the minimum Hercules brand basic models listed in Hercules was the Electric Vertical Lift calculated PTO value in their petition, door, which has a maximum vertical Appendix I of its October 14, 2020 92 percent, for all of their specified petition as provided in Docket Number opening of 288 inches operating at a models. speed of 12 IPS in both directions. EERE–2020–BT–WAV–0027 8 with the (Hercules, No. 2 at p. 3). For this VI. Interim Waiver Order alternate test procedure set forth in example, the normal daily use cycle DOE has reviewed Hercules’s paragraph (2). (2) The alternate test procedure for the estimate and cycle time estimate result application for an interim waiver, the Hercules basic models identified in in a total run time of 96 minutes (1.6 alternate test procedure requested by paragraph (1) of this Interim Waiver hours) per day, leaving the door motor Hercules, and the data provided by Order is the test procedure for walk-in out of operation for 22.4 hours per day, Hercules in both its original July 2020 doors prescribed by DOE at 10 CFR part or 93.3 PTO. petition and the October 2020 petition, 431, subpart R, appendix A, except that Based on these calculations, Hercules along with material on its website. As the percent time off (‘‘PTO’’) value petitioned DOE to apply a PTO value of part of DOE’s review, DOE considered specified in section 4.5.2 ‘‘Direct Energy 92 percent for the specified basic the potential range of parameters Consumption of Electrical Components models of their walk-in doors that use affecting door motor operating time, of Non-Display Doors’’ shall be 92 electric door motors. Id. including door opening width or height, percent for door motors. All other Hercules also requested an interim speed of door closing/opening, and requirements of 10 CFR part 431, waiver from the existing DOE test cycles per day. procedure. DOE will grant an interim DOE examined the operating subpart R, appendix A and DOE’s waiver if it appears likely that the conditions specified in Hercules’s regulations remain applicable. petition for waiver will be granted, and/ petition and compared them with the (3) Representations. Hercules may not or if DOE determines that it would be values mentioned in the product make representations about the energy desirable for public policy reasons to literature. Specifically, DOE compared 7 See Notice of Decision and Order granting a grant immediate relief pending a the minimum operating speed of the waiver to Jamison Door (Case No. 2017–009; 83 FR motor and maximum length or height of 53460 (Oct. 23, 2018); Notice of Decision and Order 6 DOE did not adopt test procedure provisions the door opening to assess if the most granting a waiver to HH Technologies (Case No. addressing door opening infiltration, having energy consumptive scenario was 2018–001; 83 FR 53457 (Oct. 23, 2018)); and determined that a typical door manufacturer has captured in the PTO value requested. Extension of Waiver to HH Technologies (Case No. very few direct means for reducing the door 2018–011; 84 FR 1434 (Feb. 4, 2019)). infiltration on its own. 73 FR 21580, 21595 (Apr. Based on DOE’s review of the 8 Available at http://www.regulations.gov/ 15, 2011). manufacturer materials, the examples docket?D=EERE-2020-BT-WAV-0027.

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use of a basic model identified in 10/14/2020 normal motor usage on our basic brands paragraph (1) for compliance, of powered door models. Petition for Hercules for Waiver of Test marketing, or other purposes unless that The first example, listed below, Procedure for Walk in Cooler and basic model has been tested in discusses two door types within our Freezer Doors accordance with the provisions set forth horizontally sliding door model groups above and such representations fairly Hercules, a Senneca Holdings that normally operate at a total speed of disclose the results of such testing. company, is petitioning for a Waiver 10 Inches Per Second (IPS) or greater. (4) This Interim Waiver Order shall and submitting an Application for The second example is for the Hercules remain in effect according to the Interim Waiver from the current vertical lift door model that normally provisions of 10 CFR 431.401. Department of Energy (DOE) code for operates at a total speed of 12 IPS or (5) This Interim Waiver Order is walk in freezer doors per Title 10 greater. Documentation and support for issued on the condition that the door Chapter II Subpart R, General the numbers used below are included in performance characteristics, statements, Provisions, Section 431.401. Appendix II. While the supporting representations, test data, and Hercules began operating in 1952 as materials in Appendix II refer to and documentary materials provided by an insulated walk-in cooler and cover a broader group of doors than the Hercules are valid. If Hercules makes specialty refrigeration equipment Hercules basic models listed in any modifications to the controls or manufacturer. Today, Hercules is a Appendix I, these materials are accurate configurations of a basic model subject recognized manufacturer of high- in their description of the components to this Interim Waiver Order, such quality, made-to-order Cold Storage of the Hercules basic models listed in modifications will render the waiver door systems. Hercules is mainly Appendix I. That is, the supporting invalid with respect to that basic model, focused on applications including Blast materials provided cover all Hercules and Hercules will either be required to Freezer, Freezer, Cooler, Docks, basic models listed in Appendix I. use the current Federal test method or Processing, Ripening Rooms, submit a new application for a test Automotive Test Cells, Research A. First Example: Hercules Horizontally procedure waiver. DOE may rescind or Facilities and Distribution Facilities. Sliding Door Models modify this waiver at any time if it Senneca Holdings Company previously Hercules Listed Model Groups: determines the factual basis underlying sold Hercules products into applications • EHS–D—Single Slide Electric the petition for the Interim Waiver greater than 3000 square feet, but Horizontal Sliding Door Order is incorrect, or the results from recently has decided to market Hercules • EBP–D—Bi-Parting Electric the alternate test procedure are products into smaller applications that Horizontal Sliding Door are regulated by DOE. unrepresentative of the basic model’s EHS–D doors have one panel that true energy consumption characteristics. I. Basic Models for Which Hercules must travel the entire width of the 10 CFR 431.401(k)(1). Likewise, Requests a Waiver opening to open or close, while EBP–D Hercules may request that DOE rescind doors have two panels that each must or modify the Interim Waiver Order if Hercules requests a waiver and interim waiver for the Hercules brand travel one-half the width of the Hercules discovers an error in the opening—from the midpoint of the information provided to DOE as part of basic models set forth in Appendix I. Please note that Appendix I uses opening—to open or close. As a result, its petition, determines that the interim wildcards to represent height and width although the operator moves both EHS– waiver is no longer needed, or for other measurements in the individual model D and EBP–D door panels at the same appropriate reasons. 10 CFR numbers, as well as whether the speed, the door cycle for EBP–D doors 431.401(k)(2). individual model includes a window. is half that of EHS–D doors. For this (6) Issuance of this Interim Waiver reason, the PTO values for EHS–D Order does not release Hercules from Use of the wildcards is necessary as Senneca has not yet determined every versus EBP–D doors are calculated the applicable requirements set forth at separately below. 10 CFR part 429. precise height and width combination that we will include in a forthcoming The DOE has stated that door DOE makes decisions on waivers and operation of 120 cycles (operations) per interim waivers for only those basic certification submission. In order to ensure DOE has enough information to day is normal. Hercules uses this cycle models specifically set out in the number as our norm when estimating petition, not future models that may be assess what sized doors are covered by the waiver request, Senneca has customer usage of sliding model groups manufactured by the petitioner. listed above also and will use this as the Hercules may submit a new or amended identified the final surface area for each basic model listed in Appendix I. The base for our first PTO example. One petition for waiver and request for grant cycle is defined as one opening and of interim waiver, as appropriate, for ultimate size of a door is determined by the surface area in the basic model closing cycle of a door with a door additional basic models of walk-in opening of 288 inches operating at a doors. Alternatively, if appropriate, number, however no door covered by Appendix I has an opening larger than constant speed of 10 IPS in both Hercules may request that DOE extend opening and closing directions. the scope of a waiver or an interim 288 inches or smaller than 36 inches. The exact height and width of The amount of time that the door is waiver to include additional basic in the open and stopped position does models employing the same technology individual models will be reflected in Senneca’s certifications. not add to the calculation as the motor as the basic model(s) set forth in the is not powered during this time. original petition consistent with 10 CFR II. Why Hercules Requests a Waiver EHS–D—Single-Slide Electric 431.401(g). Currently, per the standard at 10 CFR Horizontal Sliding Door: Signed in Washington, DC, on December 431.306, section 4.5.2, the rating of the Door Cycles/Day = 120 28, 2020. door for insulating values and motor Door Cycle time = 57.6 Sec. Daniel R Simmons, power uses a percent time off, or PTO, Total run time/Day (min.) = 115.2 Assistant Secretary, Energy Efficiency and of 25 percent. This would require the Total run time/Day (hr.) = 1.92 Renewable Energy. door motor to operate for 75 percent of Total not running time/Day (hr.) = 22.08 Hercules the day which significantly overstates PTO calculated = .92

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EBP–D—Bi-Parting Electric Horizontal the interim waiver be granted so that white space devices to deliver wireless Sliding Door: Senneca may ship Hercules doors to be broadband services in rural areas and to Door Cycles/Day = 120 used in DOE-regulated environments facilitate the development of new and Door Cycle time = 28.8 Sec. during the pendency of DOE’s review. innovative narrowband Internet of Total run time/Day (min.) = 57.6 Without a waiver, Hercules would be in Things (IoT) devices. This correction Total run time/Day (hr.) = 0.96 a position of disadvantage in the clarifies an amendatory instruction. Total not running time/Day (hr.) = 23.04 marketplace for our products. Other DATES: Effective February 11, 2021. PTO calculated = .96 manufacturers of similar product ADDRESSES: Federal Communications B. Second Example: Hercules Vertical design, such as Jamison Doors, have Commission, 45 L Street NE, Lift Door Models petitioned and previously been granted Washington, DC 20554. Interim and permanent waivers on the FOR FURTHER INFORMATION CONTACT: Hercules Listed Model Groups: same basis. Hugh Van Tuyl, Office of Engineering • EVL–D—Electric Vertical Lift IV. Other Manufacturers and Technology, 202–418–7506, Our second example covers doors [email protected]. within our vertical lift model group. Manufacturers that are known to us of SUPPLEMENTARY INFORMATION: This Hercules Vertical Lift door basic models other basic models that are distributed correction clarifies that the are operated at a maximum of 120 in the United States and that Commission’s modifications to cycles (operations) per day, as specified incorporate designs with similar § 15.712(h)(1) were to the introductory by the DOE. One cycle is defined as one characteristics that are subject to this text of (h)(1) and not (h)(1) as a whole. opening and closing cycle of a door. petition include: JAMISON DOORS, HH There is a maximum possible door TECHNOLOGIES and FRANK DOORS. Correction travel of 288 inches operating at a 10.14.20 | In FR Doc. 20–26706, appearing on constant speed of 12 IPS in both Brendan Batzlaff Engineering Manager page 2278 in the Federal Register on opening and closing directions. Door Engineering 101 Power Drive January 12, 2021, the following The amount of time that the door is correction is made: in the open and stopped position does Mankato, MN 56001 | not add to the calculation as the motor P: 800.959.1352 D: 507.934.0545 § 15.712 [Corrected] is not powered during this time. [email protected] www.doorengineering.com | ■ 1. On page 2293, in the second Door Cycles/Day = 120 www.senneca.com column, instruction number 6 amending Door Cycle time = 48 Sec. Appendix I § 15.712 is corrected to read as follows: Total run time/Day (min.) = 96 ■ 6. Amend § 15.712 by: Total run time/Day (hr.) = 1.6 For a list of the specific basic models ■ a. Revising the introductory text and Total not running time/Day (hr.) = 22.4 for which the test procedure applies see paragraphs (a)(2) and (3) and (b)(3)(ii) PTO calculated = .933 the docket at http:// and (iii); Based on the PTO examples above www.regulations.gov/docket?D=EERE- ■ b. Adding paragraph (b)(3)(iv); Hercules would request a waiver to use 2020-BT-WAV-0027-0002. ■ c. Revising paragraph (c)(2)(ii); a PTO value of 92 percent for the ■ d. Adding paragraph (c)(2)(iii); and Hercules basic models set forth in Appendix II ■ e. Revising paragraphs (d), (f), and (g); Appendix I.1 The calculation for all For product literature used to (h)(1) introductory text, and (i)(1). door models demonstrates a much lower calculate percent time off see the docket The revisions and additions read as motor run time than the standards at http://www.regulations.gov/ follows: currently assume, which results in a docket?D=EERE-2020-BT-WAV-0027- Dated: January 27, 2021. much larger energy savings. Hercules is 0002. Federal Communications Commission. requesting this waiver so that we can [FR Doc. 2020–29100 Filed 2–5–21; 8:45 am] Marlene Dortch, continue to sell power operated doors BILLING CODE 6450–01–P which are more convenient and efficient Secretary. for our customers. These doors [FR Doc. 2021–02626 Filed 2–5–21; 8:45 am] BILLING CODE 6712–01–P represent a large part of the WICF FEDERAL COMMUNICATIONS market, and our business would be COMMISSION severely impacted if we could no longer FEDERAL COMMUNICATIONS make these doors available for our 47 CFR Part 15 customers. COMMISSION [ET Docket No. 20–36; FCC 20–156; FRS III. Interim Waiver Request 17432] 47 CFR Part 64 Hercules is also requesting an interim [CG Docket No. 17–59, FCC 18–177; FRS waiver for the identified Hercules basic Unlicensed White Space Device 17376] models and individual models in Operations in the Television Bands; Appendix I. Given the economic Correction Advanced Methods To Target and Eliminate Unlawful Robocalls realities of business, it is imperative that AGENCY: Federal Communications Commission. AGENCY: Federal Communications 1 This waiver request is limited to the Hercules Commission. basic models listed in Appendix I. Although ACTION: Final rule; correction. additional basic models and individual models may ACTION: Final rule; announcement of exist within a model group, those basic models and SUMMARY: The Federal Communications compliance date. individual models are not power-operated and thus Commission (Commission) is correcting are not included in the request. Moreover, the a final rule that appeared in the Federal SUMMARY: In this document, the Hercules basic models and individual models listed in Appendix I reflect new modeling nomenclature, Register on January 12, 2021. In this Commission announces that compliance updated to more closely align with DOE document, the Commission revised its with the rule for reporting information expectations. rules to expand the ability of unlicensed about the most recent date of permanent

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disconnection to the Reassigned DEPARTMENT OF COMMERCE December 17, 1993 (58 FR 65936), Numbers Database per the 2018 Second provided a mechanism for transferring Report and Order, published on March National Oceanic and Atmospheric summer flounder commercial quota 26, 2019, is now required. Administration from one state to another. Two or more states, under mutual agreement and DATES: Compliance with 47 CFR 50 CFR Part 648 with the concurrence of the NMFS 64.1200(l)(2), published at 84 FR 11226, [RTID 0648–XA843] Greater Atlantic Regional Administrator, March 26, 2019, is required as of March can transfer or combine summer 10, 2021. Fisheries of the Northeastern United flounder commercial quota under FOR FURTHER INFORMATION CONTACT: States; Summer Flounder Fishery; § 648.102(c)(2). The Regional Karen Schroeder of the Consumer and Retroactive Quota Transfer From NC to Administrator is required to consider Governmental Affairs Bureau, Consumer MA three criteria in the evaluation of requests for quota transfers or Policy Division, at (202) 418–0654 or AGENCY: National Marine Fisheries [email protected]. combinations: The transfer or Service (NMFS), National Oceanic and combinations would not preclude the SUPPLEMENTARY INFORMATION: This Atmospheric Administration (NOAA), overall annual quota from being fully document announces that OMB Commerce. harvested; the transfer addresses an approved the information collection ACTION: Notice; quota transfer. unforeseen variation or contingency in requirement in § 64.1200(l)(2) on June 2, the fishery; and, the transfer is SUMMARY: NMFS announces that the consistent with the objectives of the 2020. State of North Carolina is transferring a FMP and the Magnuson-Stevens Act. The Commission publishes this portion of its 2020 commercial summer The Regional Administrator has document as an announcement of the flounder quota to the Commonwealth of determined these three criteria have compliance date of the rule. Massachusetts. This retroactive been met for the transfer approved in adjustment to the 2020 fishing year The Commission previously this notice. quota is necessary to comply with the announced that compliance with the North Carolina is transferring 9,185 lb Summer Flounder, Scup, and Black Sea rules for aging numbers and maintaining (4,166 kg) of 2020 summer flounder Bass Fishery Management Plan quota records of the most recent date of commercial quota to Massachusetts transfer provisions. This announcement permanent disconnection was required through mutual agreement of the states. informs the public of the retroactively as of July 27, 2020, published at 85 FR This transfer was requested to repay revised 2020 commercial quotas for landings made by a North Carolina- 38334, June 26, 2020. North Carolina and Massachusetts. permitted vessel in Massachusetts under To request materials in accessible DATES: Effective February 5, 2021, formats for people with disabilities a safe harbor agreement. The revised through December 31, 2021. summer flounder quotas for calendar (braille, large print, electronic files, FOR FURTHER INFORMATION CONTACT: year 2020 are: North Carolina, 3,026,316 audio format), send an email to fcc504@ Laura Hansen, Fishery Management lb (1,372,714 kg); and, Massachusetts, fcc.gov or call the Consumer and Specialist, (978) 281–9225. 802,549 lb (364,030 kg). Governmental Affairs Bureau at (202) SUPPLEMENTARY INFORMATION: Given the timing of the safe harbor 418–0530 (voice). Regulations governing the summer agreement and the states’ request, we Federal Communications Commission. flounder fishery are found in 50 CFR were unable to process the transfer Marlene Dortch, 648.100 through 648.110. These before the December 31st end of the Secretary, Office of the Secretary. regulations require annual specification 2020 fishing year. The retroactively of a commercial quota that is adjusted quotas will be used to calculate Editorial Note: This document was apportioned among the coastal states overages for the 2020 fishing year and received for publication by the Office of the from Maine through North Carolina. The adjust, as needed, 2021 summer Federal Register on January 14, 2021. process to set the annual commercial flounder quotas. [FR Doc. 2021–01299 Filed 2–5–21; 8:45 am] quota and the percent allocated to each Authority: 16 U.S.C. 1801 et seq. BILLING CODE 6712–01–P state is described in § 648.102 and final 2020 allocations were published on Dated: February 3, 2021. October 9, 2019 (84 FR 54041). Jennifer M. Wallace, The final rule implementing Acting Director, Office of Sustainable Amendment 5 to the Summer Flounder Fisheries, National Marine Fisheries Service. Fishery Management Plan (FMP), as [FR Doc. 2021–02521 Filed 2–5–21; 8:45 am] published in the Federal Register on BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 86, No. 24

Monday, February 8, 2021

This section of the FEDERAL REGISTER be contacted by telephone by calling outlining the subject matter area. If contains notices to the public of the proposed (202) 707–8350. multiple persons from the same issuance of rules and regulations. The SUPPLEMENTARY INFORMATION: On June organization wish to testify regarding purpose of these notices is to give interested 22, 2020, the Copyright Office (‘‘Office’’) the same proposed exemption, each persons an opportunity to participate in the should again submit a separate request, rule making prior to the adoption of the final published a notice of inquiry in the rules. Federal Register to initiate the eighth and explain in their submissions the triennial rulemaking proceeding under need for multiple witnesses. For parties 17 U.S.C. 1201(a)(1), which authorizes represented by law school clinics, the LIBRARY OF CONGRESS the Librarian of Congress, upon the Office will attempt to accommodate recommendation of the Register of requests to allow students to participate U.S. Copyright Office Copyrights, to exempt certain classes of under the supervision of a faculty copyrighted works from the prohibition member. The Office will contact 37 CFR Part 201 against circumventing a technological requesters should it determine that a measure that controls access to a hearing for a particular class is [Docket No. 2020–11] copyrighted work.1 On October 15, unnecessary. 2020, the Office published a notice of Depending upon the number and Exemptions To Permit Circumvention nature of the requests, and in light of the of Access Controls on Copyrighted proposed rulemaking setting forth proposed exemptions for seventeen limited time available for the public Works hearings, the Office may not be able to classes of works and requesting written accommodate all requests to testify. The AGENCY: U.S. Copyright Office, Library comments.2 The responsive comments Office will give preference to those who received thus far have been posted on of Congress. have provided substantive evidentiary the Office’s website at https:// ACTION: Notice of public hearings. submissions in support of or in www.copyright.gov/1201/2021/. opposition to a proposal. SUMMARY: The United States Copyright At this time, the Office is announcing All requests to testify must clearly Office will be holding public hearings as public hearings to be held via Zoom to identify: part of the eighth triennial rulemaking further consider the proposed • The name of the person desiring to proceeding under the Digital exemptions. The Office plans to serve as a witness; Millennium Copyright Act (‘‘DMCA’’) convene panels of witnesses for the • The organization or organizations concerning possible exemptions to the proposals to be considered, and may represented, if any; DMCA’s prohibition against combine certain panels if the witnesses • Contact information; circumvention of technological and/or key issues substantially overlap. • The proposed class about which the measures that control access to All of the hearings will be live streamed person wishes to testify; copyrighted works. Parties interested in online, and the video and transcript for • A two- to three-sentence summary testifying at the hearings are invited to each hearing will be posted on the of the testimony the witness expects to submit requests to testify pursuant to Office’s website. If no request to testify present; and the instructions set forth below. is received for a proposed exemption, • If the party is requesting the ability DATES: The public hearings are the Office will consider the class based to demonstrate a use or a technology scheduled for April 5–8 and April 19– on the written submissions and any ex during the hearing, a description of the 22, 2021. Requests to testify must be parte communications with interested demonstration, the approximate time received no later than 11:59 p.m. parties (discussed below). required, and any functionality required to make the demonstration viewable via Eastern time on February 24, 2021. Once A. Submitting Requests To Testify the hearing agendas are finalized, the Zoom. In light of the transition to virtual Office will notify all participants and A request to testify should be hearings for this proceeding, the Office post the times and dates of the hearings submitted to the Office using the form cannot guarantee that witnesses will at https://www.copyright.gov/1201/ on the Office’s website indicated in the have the ability to introduce 2021/. ADDRESSES section above. Anyone demonstrative evidence into the record wishing to testify with respect to more during the hearings. The Office will ADDRESSES: The Office will conduct the than one proposed class must submit a consider options to accommodate such hearings remotely using the Zoom separate form for each request. To the requests, including potentially by videoconferencing platform. Requests to extent feasible, the Office requests that holding one or more dedicated panel testify should be submitted through the organizations submit only one panelist sessions for that purpose. request form available at https:// request per proposed class, and To facilitate the process of scheduling www.copyright.gov/1201/2021/hearing- generally encourages parties with panels, it is essential that all of this request.html. similar interests to select a common information be included in a request to FOR FURTHER INFORMATION CONTACT: representative to testify on their behalf. testify. Regan A. Smith, General Counsel and If multiple persons from the same Following receipt of the requests to Associate Register of Copyrights, by organization wish to testify regarding testify, the Office will prepare agendas email at [email protected]; Kevin R. different proposed exemptions, each listing the witnesses, dates, and times Amer, Deputy General Counsel, by should submit a separate request for each hearing. These will be email at [email protected]; or Anna circulated to witnesses and posted at Chauvet, Associate General Counsel, by 1 85 FR 37399 (June 22, 2020). https://www.copyright.gov/1201/2021/ email at [email protected]. Each can 2 85 FR 65293 (Oct. 15, 2020). on or about March 8, 2021.

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B. Format of Public Hearings Office will establish requirements to DATES: Written comments must be The Office will establish time limits ensure transparency, including that received on or before March 10, 2021. for each panel after receiving all participating parties submit a list of ADDRESSES: Submit your comments, requests to testify. Generally, the Office attendees and a written summary of any identified by Docket ID Number EPA– plans to allot approximately one to two oral communications, which will be R03–OAR–2020–0522 at https:// hours for each proposed class, although posted on the Office’s website. The ex www.regulations.gov, or via email to it may adjust the timing depending parte guidelines will be made available [email protected]. For comments upon the complexity of the class. In at https://www.copyright.gov/1201/ submitted at Regulations.gov, follow the 2021/ following the completion of the addition, members of the public will be online instructions for submitting public hearings. No ex parte meetings in provided a limited opportunity to offer comments. Once submitted, comments this proceeding will be scheduled before additional comments for the record, but cannot be edited or removed from that time. Regulations.gov. For either manner of parties who wish to provide detailed As in prior proceedings, such information to the Office are encouraged submission, EPA may publish any informal communications may comment received to its public docket. to submit a request to testify. supplement, but not substitute for, the Witnesses should expect the Office to Do not submit electronically any written record and testimony at the information you consider to be have carefully studied all written public hearings. The primary means to comments, and the Office will expect confidential business information (CBI) communicate views in the course of the or other information whose disclosure is witnesses to have done the same with rulemaking will continue to be through respect to the classes for which they restricted by statute. Multimedia the submission of written comments submissions (audio, video, etc.) must be will be presenting. The hearings will and testimony at the public hearings. focus on legal or factual issues that are accompanied by a written comment. unclear or underdeveloped in the Dated: February 2, 2021. The written comment is considered the written record, as identified by the Regan A. Smith, official comment and should include Office, as well as demonstrative General Counsel and Associate Register of discussion of all points you wish to evidence. Copyrights. make. EPA will generally not consider The Office stresses that factual [FR Doc. 2021–02464 Filed 2–5–21; 8:45 am] comments or comment contents located outside of the primary submission (i.e. information is critical to the rulemaking BILLING CODE 1410–30–P on the web, cloud, or other file sharing process, and witnesses should be system). For additional submission prepared to discuss, among other things, methods, please contact the person where the copies of the works sought to ENVIRONMENTAL PROTECTION identified in the FOR FURTHER be accessed are stored, how the works AGENCY INFORMATION CONTACT section. For the would be accessed, and what would be full EPA public comment policy, done with the works after being 40 CFR Part 52 information about CBI or multimedia accessed. The Office also encourages [EPA–R03–OAR–2020–0522; FRL–10016– submissions, and general guidance on witnesses to provide real-world 86–Region 3] making effective comments, please visit examples to support their arguments. In https://www2.epa.gov/dockets/ some cases, the best way to do this may Approval and Promulgation of Air commenting-epa-dockets. be to provide a description or Quality Implementation Plans; demonstration of a claimed Delaware; Amendments to Control of FOR FURTHER INFORMATION CONTACT: noninfringing use or the technologies Volatile Organic Compounds Mobile Mike Gordon, Planning & pertinent to a proposal. As noted above, Equipment Repair and Refinishing Implementation Branch (3AD30) Air & a person wishing to provide a Rule Regulation Radiation Division, U.S. Environmental demonstration should include a request Protection Agency, Region III, 1650 AGENCY: Environmental Protection Arch Street, Philadelphia, Pennsylvania to do so with the request to testify, using Agency (EPA). the appropriate space on the form. 19103. The telephone number is (215) ACTION: Proposed rule. Persons should consider whether a 814–2039. Mr. Gordon can also be reached via electronic mail at demonstration is able to be presented in SUMMARY: The Environmental Protection [email protected]. a format that enables it to be viewed by Agency (EPA) is proposing to approve a participants and observers via Zoom. To state implementation plan (SIP) revision I. Background ensure proper documentation of the submitted by the Delaware Department A. General hearings, the Office will require that a of Natural Resources and Environmental copy of any audio, visual, or Control (DNREC). This SIP revision Ozone is formed in the atmosphere by audiovisual materials (e.g., slideshows consists of the 2010 amendments to the photochemical reactions between VOCs and videos) be provided to the Office State of Delaware’s Mobile Equipment and nitrogen oxides (NOX) in the following the hearing. The Office may Repair and Refinishing (MERR) presence of sunlight. In order to reduce contact witnesses individually ahead of regulations to incorporate the Ozone these ozone concentrations, the CAA time to ensure that demonstrations can Transport Commission’s (OTC) 2009 requires control of VOC and NOX be preserved for the record in an Motor Vehicle and Mobile Equipment emission sources to achieve emission appropriate form. Non-Assembly Line Coating Operations reductions in moderate or more serious regulations (MVMERR) model rule. The ozone nonattainment areas. Section C. Ex Parte Communication MVMERR rule establishes updated 184(a) of the CAA established a single During the seventh triennial volatile organic compounds (VOC) ozone transport region (OTR), rulemaking, the Office issued guidelines content limits for coating and cleaning comprising all or part of 12 eastern according to which interested parties solvents used in vehicle refinishing and states, including all of the State of could request informal meetings with standards for coating application, work Delaware. Section 176a of the CAA the Office. The Office intends to issue practices, monitoring, and requires that when a transport region is similar guidelines in this proceeding. recordkeeping. This action is being established, the Administrator must also Consistent with its prior practice, the taken under the Clean Air Act (CAA). establish a transport commission

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consisting of certain representatives B. Source Description II. Summary of SIP Revision and EPA from each state included within the Automobile refinishing includes the Analysis transport region. See CAA section application of coatings following the On May 6, 2020, DNREC submitted a 176a(b)(1). Following creation of the manufacture of original equipment. SIP revision consisting of amendments OTR, an Ozone Transport Commission ‘‘Automobile’’ or ‘‘vehicle’’ in this to its MERR rule to incorporate the OTC (OTC) was established in accordance category refers to passenger cars, trucks, with the requirements of CAA section vans, motorcycles, and other mobile 2009 MVMERR Model Rule. If approved 176a(b)(1). In December 1999, EPA equipment capable of being driven on into the SIP, Delaware’s 2010 amended identified emission reduction shortfalls the highway. Automobile refinishing MERR rule would be federally in several severe 1-hour ozone work typically consists of structural enforceable. Affected sources within the nonattainment areas, including those repair, surface preparation, and State of Delaware include: Auto body located in the OTR. As a result, the OTC painting, and includes operations in and repair facilities; fleet operator repair developed model rules for a number of auto body repair/paint shops, and paint facilities; new and used auto source categories. One of the model production auto body paint shops, new dealer repair and paint facilities; after- rules, the 2002 MERR Model Rule, was car dealer repair/paint shops, fleet market auto customizing and detailing developed to reduce VOC emissions operator repair/paint shops, and facilities; manufacturers, suppliers, and from automotive coatings and cleaning custom-made car fabrication facilities. distributors of coatings and cleaning solvents associated with non-assembly The steps involved in automobile solvents intended for use and line refinishing or recoating of motor refinishing include surface preparation, application to motor vehicles, mobile vehicles, mobile equipment, and their coating applications, and spray equipment, and associated components; associated parts and components. The equipment. VOC emissions result from and manufacturers, suppliers, and OTC 2002 MERR Model Rule applies to the evaporation of solvents during each distributors of application equipment a person who applies mobile equipment of these processes and can be controlled and materials storage such as spray repair and refinishing or color matched through the use of compliant coatings booths, spray guns, and sealed coatings to mobile equipment or mobile and solvents, the use of application containers for cleaning rags for use equipment components. Delaware’s equipment with increased transfer within the State of Delaware. regulations adopting the OTC 2002 efficiency, and stringent work practice As summarized in Delaware’s MERR model rule were originally standards. approved by EPA into Delaware’s SIP on The main categories of coatings are transmittal memo for this SIP revision, November 22, 2002 (67 FR 70315) as primers and topcoats. The primer this SIP revision to Delaware’s existing part of a regional effort to attain and category consists of pretreatment wash regulation, 7 DE Admin Code 1124, maintain the 1-hour ozone NAAQS. primers, primers, primer surfacers, and reduces the VOC contents of currently The OTC 2009 MVMERR Model primer sealer. Topcoats are applied over regulated coatings, regulates additional Rule 1 is a revision of the 2002 MERR the primer coats and provide the final coating categories, requires the use of Model Rule developed by the OTC. The color to the refinished area. Primers and coating application equipment that OTC’s 2009 MVMERR Model Rule is coatings can be classified as lacquer, provides for high transfer efficiency, based upon the California Air Resources enamel, or urethane coatings. Each and requires that surface cleaning Board’s (CARB) Suggested Control coating differs in its chemistry, solvent contain no more than 25 grams Measure (SCM) for Automotive durability, and VOC content. Some of VOC per liter. More specifically, Coatings, published October 2005. In additives and specialty coatings are Delaware’s 2010 amended MERR rule order to keep Delaware’s regulations up- necessary for unusual performance establishes revised VOC content limits to-date with the OTC’s 2009 MVMERR requirements and are used in relatively for automotive coatings and cleaning Model Rule, Delaware revised its small amounts to improve desirable solvents used in the preparation, regulations, found at 7 DE Admin Code properties. Additives and special application, and drying phases of 1124, Control of Volatile Organic coatings include adhesion promoters, vehicle refinishing. Delaware’s 2010 Compound Emissions; Section 11.0 uniform refinish blenders, elastomeric amended MERR rule also establishes Mobile Equipment Repair and materials for flexible plastic parts, gloss coating application standards, work Refinishing (Delaware’s 2010 amended flatteners, and anti-glare/safety coatings. practices, operator training standards, MERR rule), on September 17, 2010. For additional information, see EPA’s and compliance and recordkeeping Delaware then submitted these 2010 ‘‘Alternative Control Techniques (ACT) standards. Table 1 lists the revised VOC amendments to EPA as a SIP revision on Document: Automobile Body limits adopted by the State of Delaware May 6, 2020.2 Refinishing’’ (EPA–453/R–94–031, April in 2010, and compares them to the 3 1994). standards set in the OTC 2009 MVMERR 1 The OTC 2009 MVMERR Model Rule is Model Rule. available online at https://otcair.org/ the 2010 Delaware regulatory changes adopting the document.asp?fview=modelrules and included in 2009 OTC MVMERR Model Rule to EPA as a SIP the docket for this rulemaking, available online at revision. DNREC therefore submitted this SIP level-ozone-pollution/control-techniques- https://www.regulations.gov, Docket ID: EPA–R03– revision in May 2020 so that the EPA-approved SIP guidelines-and-alternative-control-techniques and OAR–2020–0522. would correctly reflect the Delaware regulations. is included in the docket for this rulemaking, 2 During a recent internal review of the Delaware 3 EPA’s ACT for Automobile Body Refinishing is available online at https://www.regulations.gov, SIP, DNREC discovered that it had never submitted available online at https://www.epa.gov/ground- Docket ID: EPA–R03–OAR–2020–0522.

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TABLE 1—ALLOWABLE VOC CONTENT IN AUTOMOTIVE COATINGS FOR MOTOR VEHICLE AND MOBILE EQUIPMENT NON- ASSEMBLY LINE REFINISHING AND RECOATING

VOC regulatory limit as applied * 2009 OTC Delaware’s 2010 amended MVMERR Coating category MERR rule model rule (Pounds per (Grams per (Grams per gallon) liter) liter)

Adhesion promoter ...... 4.5 540 540 Automotive pretreatment coating ...... 5.5 660 660 Automotive primer ...... 2.1 250 250 Cavity Wax ...... 5.4 650 (**) Clear coating ...... 2.1 250 250 Color coating, including metallic/iridescent color coating ...... 3.5 420 420 Deadener ...... 5.4 650 (**) Gasket/Gasket material ...... 1.7 200 (**) Lubricating wax compound ...... 5.8 700 (**) Multicolor coating ...... 5.7 680 680 Sealer ...... 5.4 650 (**) Single-stage coating, including single-stage metallic/iridescent coating ...... 2.8 340 340 Temporary protective coating ...... 0.50 60 60 Truck bed liner coating ...... 1.7 200 310 Truck interior ...... 5.4 650 (**) Underbody coating ...... 3.6 430 430 All other coating ...... 2.1 250 250 * VOC regulatory limit as applied means the weight of VOC per volume of coating (prepared to manufacturer’s recommended maximum VOC content, minus water and non-VOC solvents). ** 2009 OTC MVMERR did not contain a cateogory for this type of automotive coating.

Delaware’s 2010 amended MERR rule approve it into the Delaware SIP as a FURTHER INFORMATION CONTACT section of incorporates without any revisions the SIP strengthening measure. this preamble for more information). VOC limits for all the available coating III. Proposed Action V. Statutory and Executive Order categories found in the OTC’s 2009 Reviews MVMERR model rule. In addition, EPA is proposing to approve Delaware’s 2010 amended MERR rule Delaware’s 2010 amended MERR rule as Under the CAA, the Administrator is requires that surface cleaning solvent a SIP revision. EPA has determined that required to approve a SIP submission contain no more than 25 grams of VOC Delaware’s 2010 amended MERR rule is that complies with the provisions of the per liter, as required by the 2009 OTC consistent with the requirements and CAA and applicable Federal regulations. MVMERR Model Rule. All the VOC limits in the 2009 OTC MVMERR Model 42 U.S.C. 7410(k); 40 CFR 52.02(a). limits in Delaware’s 2010 amended Rule. Therefore, its approval into the Thus, in reviewing SIP submissions, MERR rule are as stringent as the limits Delaware SIP would result in the VOC EPA’s role is to approve state choices, in the 2009 OTC MVMERR Model Rule, reductions in the 2010 amended MERR provided that they meet the criteria of the CAA. Accordingly, this action as shown in Table 1 of this document. rule becoming federally enforceable and merely approves state law as meeting Approval of Delaware’s 2010 amended strengthen the SIP. EPA is soliciting public comments on the issues Federal requirements and does not MERR rule into the SIP would make impose additional requirements beyond these limits, the coating and cleaning discussed in this document relevant to Delaware’s 2010 amended MERR rule. those imposed by state law. For that solvent VOC content limits, and the use reason, this proposed action: of coating application equipment which These comments will be considered before taking final action. • Is not a ‘‘significant regulatory provides high transfer efficiency, action’’ subject to review by the Office federally enforceable. The VOC IV. Incorporation by Reference of Management and Budget under reductions resulting from Delaware’s In this document, EPA is proposing to Executive Orders 12866 (58 FR 51735, adoption of the 2010 changes to October 4, 1993) and 13563 (76 FR 3821, implement the 2009 OTC MVMERR include in a final EPA rule regulatory text that includes incorporation by January 21, 2011); Model Rule have been occurring since • Is not an Executive Order 13771 (82 the effective date of Delaware’s reference. In accordance with requirements of 1 CFR 51.5, EPA is FR 9339, February 2, 2017) regulatory amended regulations, and upon final proposing to incorporate by reference action because it is not a ‘‘significant approval of this SIP revision, will revisions to 7 DE Admin Code 1124 regulatory action’’ under Executive become federally enforceable and will Control of Volatile Organic Compound Order 12866. continue to be federally enforceable Emissions Section 11.0 Mobile • Does not impose an information until such time as Delaware submits, Equipment Repair and Refinishing. EPA collection burden under the provisions and EPA approves, a SIP revision to has made, and will continue to make, of the Paperwork Reduction Act (44 revise these limits. Approving these materials generally available U.S.C. 3501 et seq.); Delaware’s 2010 amended MERR rule through https://www.regulations.gov • Is certified as not having a into the SIP strengthens Delware’s SIP, and at the EPA Region III Office (please significant economic impact on a and EPA is therefore proposing to contact the person identified in the FOR substantial number of small entities

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under the Regulatory Flexibility Act (5 ENVIRONMENTAL PROTECTION U.S. Environmental Protection Agency, U.S.C. 601 et seq.); AGENCY EPA Region 1, Air and Radiation • Does not contain any unfunded Division, 5 Post Office Square—Suite 40 CFR Part 52 mandate or significantly or uniquely 100, Boston, MA. EPA requests that if at all possible, you contact the contact affect small governments, as described [EPA–R01–OAR–2020–0712; FRL–10019– listed in the FOR FURTHER INFORMATION in the Unfunded Mandates Reform Act 50–Region 1] CONTACT section to schedule your of 1995 (Pub. L. 104–4); Air Plan Approval; Rhode Island; inspection. The Regional Office’s • Does not have Federalism Control of Volatile Organic Compound official hours of business are Monday implications as specified in Executive Emissions through Friday, 8:30 a.m. to 4:30 p.m., Order 13132 (64 FR 43255, August 10, excluding legal holidays and facility AGENCY: Environmental Protection 1999); closures due to COVID–19. Agency (EPA). • FOR FURTHER INFORMATION CONTACT: Is not an economically significant ACTION: Proposed rule. regulatory action based on health or David L. Mackintosh, Air Quality safety risks subject to Executive Order SUMMARY: The Environmental Protection Planning Branch, U.S. Environmental 13045 (62 FR 19885, April 23, 1997); Agency (EPA) is proposing to approve Protection Agency, EPA Region 1, Air State Implementation Plan (SIP) and Radiation Division, 5 Post Office • Is not a significant regulatory action revisions submitted by the State of Square—Suite 100, Boston, MA, tel. subject to Executive Order 13211 (66 FR Rhode Island. These revisions update 617–918–1584, email 28355, May 22, 2001); Rhode Island air pollution control [email protected]. • Is not subject to requirements of regulations for volatile organic SUPPLEMENTARY INFORMATION: Section 12(d) of the National compound (VOC) emissions from Throughout this document whenever Technology Transfer and Advancement consumer products and architectural ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Act of 1995 (15 U.S.C. 272 note) because and industrial maintenance coatings. EPA. The intended effect of this action is to application of those requirements would Table of Contents be inconsistent with the CAA; and propose approval of the revised • regulations. This action is being taken I. Background and Purpose Does not provide EPA with the under the Clean Air Act. II. EPA’s Evaluation of the Submittal discretionary authority to address, as III. Proposed Action DATES: Written comments must be appropriate, disproportionate human IV. Incorporation by Reference received on or before March 10, 2021. health or environmental effects, using V. Statutory and Executive Order Reviews ADDRESSES: Submit your comments, practicable and legally permissible identified by Docket ID No. EPA–R01– I. Background and Purpose methods, under Executive Order 12898 OAR–2020–0712 at http:// On January 24, 2020, the Rhode Island (59 FR 7629, February 16, 1994). www.regulations.gov, or via email to Department of Environmental In addition, this proposed [email protected]. For Management submitted to EPA a State rulemaking, in which EPA is proposing comments submitted at Regulations.gov, Implementation Plan (SIP) revision approval of Delaware’s 2010 amended follow the online instructions for containing three revised air pollution MERR rule to incorporate the 2009 OTC submitting comments. Once submitted, control regulations: 250–RICR–120– MVMERR Model rule, does not have comments cannot be edited or removed 05–0, ‘‘General Definitions’’; 250–RICR– tribal implications as specified by from Regulations.gov. For either manner 120–05–31, ‘‘Control of Volatile Organic Executive Order 13175 (65 FR 67249, of submission, the EPA may publish any Compounds from Consumer Products’’; November 9, 2000), because the SIP is comment received to its public docket. and 250–RICR–120–05–33, ‘‘Control of not approved to apply in Indian country Do not submit electronically any Volatile Organic Compounds from located in the state, and EPA notes that information you consider to be Architectural Coatings and Industrial it will not impose substantial direct Confidential Business Information (CBI) Maintenance Coatings.’’ These revised or other information whose disclosure is costs on tribal governments or preempt regulations became effective in Rhode restricted by statute. Multimedia tribal law. Island on January 9, 2017. In each submissions (audio, video, etc.) must be regulation Rhode Island has submitted List of Subjects in 40 CFR Part 52 accompanied by a written comment. to EPA for incorporation into the SIP, its The written comment is considered the subsection 2 ‘‘Application’’ has been Environmental protection, Air official comment and should include stricken from the rule. Rhode Island pollution control, Incorporation by discussion of all points you wish to notes that this language is only relevant reference, Nitrogen dioxide, Ozone, make. The EPA will generally not in Rhode Island and not intended to be Reporting and recordkeeping consider comments or comment incorporated into the Rhode Island SIP. requirements, Volatile organic contents located outside of the primary On April 1, 2020, Rhode Island compounds. submission (i.e. on the web, cloud, or modified its January 24, 2020, SIP Dated: February 3, 2021. other file sharing system). For revision request by withdrawing 250– additional submission methods, please RICR–120–05–33, ‘‘Control of Volatile Diana Esher, contact the person identified in the FOR Organic Compounds from Architectural Acting Regional Administrator, Region III. FURTHER INFORMATION CONTACT section. Coatings and Industrial Maintenance [FR Doc. 2021–02557 Filed 2–5–21; 8:45 am] For the full EPA public comment policy, Coatings.’’ On July 22, 2020, Rhode BILLING CODE 6560–50–P information about CBI or multimedia Island submitted to EPA a SIP revision submissions, and general guidance on containing a more recently amended making effective comments, please visit version of 250–RICR–120–05–33, https://www.epa.gov/dockets/ ‘‘Control of Volatile Organic commenting-epa-dockets. Publicly Compounds from Architectural Coatings available docket materials are available and Industrial Maintenance Coatings.’’ at https://www.regulations.gov or at the Again, its subsection 2 ‘‘Application’’

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has been stricken from the rule and will content limits for 13 consumer product issues discussed in this notice or on not be incorporated into the Rhode categories and adds nine new consumer other relevant matters. These comments Island SIP. The amended regulation product categories. The revised and new will be considered before taking final became effective in Rhode Island on limits apply to the relevant products action. Interested parties may July 21, 2020. manufactured on or after January 1, participate in the Federal rulemaking On December 28, 2020, Rhode Island 2019. Additionally, the revised procedure by submitting written modified its January 24, 2020, SIP regulation incorporates the new product comments to this proposed rule by revision request by withdrawing 250– category definitions and modifies following the instructions listed in the RICR–120–05–0, ‘‘General Definitions’’ several existing definitions for clarity ADDRESSES section of this Federal from the SIP revision, because EPA had and consistency with the 2013 OTC Register. since approved a more recent version of model rule. The regulation has also been Rhode Island’s regulation 0, ‘‘General updated to current Rhode Island code of III. Proposed Action Definitions’’ effective in the State of regulations format. EPA is proposing to approve the Rhode Island on February 9, 2018, in a Rhode Island’s revised consumer Rhode Island SIP revisions consisting of final rulemaking published September product regulation continues to contain two revised regulations 250–RICR–120– 3, 2020 (85 FR 54924). limits for more categories of consumer 05–31, ‘‘Control of Volatile Organic Thus, this proposed action addresses products than EPA’s National Volatile Compounds from Consumer Products’’ two revised regulations: ‘‘Control of Organic Compound Emission Standards and 250–RICR–120–05–33, ‘‘Control of Volatile Organic Compounds from for Consumer Products rule at 40 CFR Volatile Organic Compounds from Consumer Products’’ and ‘‘Control of part 59 Subpart C (63 FR 48831; Architectural Coatings and Industrial Volatile Organic Compounds from September 11, 1998). The revised Maintenance Coatings,’’ excluding the Architectural Coatings and Industrial regulation limits are also equal to, or Application subsections 31.2 and 33.2 Maintenance Coatings’’, submitted by more stringent than, those found in respectively. Rhode Island on January 24, 2020 and EPA’s consumer products rule. July 22, 2020, respectively. EPA Rhode Island’s 250–RICR–120–05–33, IV. Incorporation by Reference previously approved earlier versions of ‘‘Control of Volatile Organic In this document, EPA is proposing to these regulations into the Rhode Island Compounds from Architectural Coatings amend regulatory text that includes SIP on March 13, 2012 (77 FR 14691). and Industrial Maintenance Coatings’’ is incorporation by reference. In Rhode Island is a member state of the based on the 2011 OTC model rule for accordance with requirements of 1 CFR Ozone Transport Commission (OTC), an adhesives and sealants. The revised 51.5, EPA is proposing changes to the organization established by Congress regulation includes all the approaches Rhode Island SIP as described in the under the CAA which is composed of 12 to controlling VOC emissions found in Proposed Action section above. The states, and the District of Columbia, EPA’s CTG for Miscellaneous Industrial EPA has made, and will continue to throughout the Northeast and Mid- Adhesives (EPA 453/R–08–005, make, these documents generally Atlantic regions. The OTC develops September 2008): VOC content limits for available through https:// model rules for the member states to use adhesives and cleaning solvents; work www.regulations.gov and at the EPA to reduce the emissions of ground level practices; record keeping; air pollution Region 1 Office (please contact the ozone precursors. In 2011, OTC control equipment options; surface person identified in the FOR FURTHER authored a model rule limiting VOC preparation requirements; and spray INFORMATION CONTACT section of this content in architectural and industrial gun cleaning requirements. However, preamble for more information). maintenance coatings, which was the Rhode Island’s rule is more second version of this model rule. Then comprehensive than the CTG, since it V. Statutory and Executive Order in 2012, the OTC issued a model rule to contains VOC content limits for sealants Reviews limit the VOC content of consumer and sealant primers (in addition to products, which was the fourth version adhesives as covered by the CTG) and Under the Clean Air Act, the of this model rule. In 2013, the OTC regulates sellers and manufacturers (not Administrator is required to approve a again revised its consumer products rule just appliers of regulated adhesives, SIP submission that complies with the to include dual purpose air freshener/ adhesive primers and sealants). While provisions of the Act and applicable disinfectants. there are minor differences in the Federal regulations. 42 U.S.C. 7410(k); named adhesive categories included in 40 CFR 52.02(a). Thus, in reviewing SIP II. EPA’s Evaluation of the Submittal the CTG, those differences are submissions, EPA’s role is to approve Rhode Island’s revised 250–RICR– inconsequential compared to the state choices, provided that they meet 120–05–31, ‘‘Control of Volatile Organic broader applicability of 250–RICR–120– the criteria of the Clean Air Act. Compounds from Consumer Products’’ 05–33 as noted above. The regulation Accordingly, this proposed action is based on the 2013 OTC model rule for has also been updated to current Rhode merely approves state law as meeting consumer products. The regulation Island code of regulations format. Federal requirements and does not generally applies to ‘‘any person who In summary, as noted above, EPA has impose additional requirements beyond sells, supplies, offers for sale, distributes reviewed Rhode Island’s revised VOC those imposed by state law. For that for sale or manufactures for sale within regulations and found that they are no reason, this proposed action: Rhode Island any consumer products on less stringent than the applicable EPA • Is not a significant regulatory action or after the applicable date.’’ The guidance and generally consistent with subject to review by the Office of regulation limits the VOC content, the OTC recommendations. EPA is Management and Budget under expressed in percent of VOC by weight, proposing to approve the Rhode Island Executive Orders 12866 (58 FR 51735, for certain consumer product categories, SIP revision for these two regulations October 4, 1993) and 13563 (76 FR 3821, and content limits are restricted based (excluding those provisions indicated January 21, 2011); on the product date of manufacture. above that were not submitted by the • Is not expected to be an Executive Compared to the previously approved state), which were submitted to EPA on Order 13771 regulatory action because EPA version of the regulation, the January 24, 2020 and July 22, 2020. EPA this action is not significant under revision to the regulation lowers VOC is soliciting public comments on the Executive Order 12866;

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• Does not impose an information ENVIRONMENTAL PROTECTION available docket materials are available collection burden under the provisions AGENCY at https://www.regulations.gov or at the of the Paperwork Reduction Act (44 U.S. Environmental Protection Agency, U.S.C. 3501 et seq.); 40 CFR Part 52 EPA Region 1 Regional Office, Air and • Is certified as not having a [EPA–R01–OAR–2020–0209; FRL–10019– Radiation Division, 5 Post Office significant economic impact on a 69–Region 1] Square—Suite 100, Boston, MA. EPA substantial number of small entities requests that if at all possible, you under the Regulatory Flexibility Act (5 Air Plan Approval; New Hampshire; contact the contact listed in the FOR Sulfur Content Limitations for Fuels U.S.C. 601 et seq.); FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional • AGENCY: Environmental Protection Does not contain any unfunded Office’s official hours of business are Agency (EPA). mandate or significantly or uniquely Monday through Friday, 8:30 a.m. to ACTION: affect small governments, as described Proposed rule. 4:30 p.m., excluding legal holidays and in the Unfunded Mandates Reform Act SUMMARY: The Environmental Protection facility closures due to COVID–19. of 1995 (Pub. L. 104–4); Agency (EPA) is proposing to approve a FOR FURTHER INFORMATION CONTACT: • Does not have federalism State Implementation Plan (SIP) Anne McWilliams, Air Quality Branch, implications as specified in Executive revision submitted by the State of New U.S. Environmental Protection Agency, Order 13132 (64 FR 43255, August 10, Hampshire on March 11, 2019. This EPA Region 1, 5 Post Office Square— 1999); revision establishes sulfur content Suite 100, (Mail code 05–2), Boston, MA • Is not an economically significant limitations for fuels. In addition, the 02109–3912, tel. (617) 918–1697, email regulatory action based on health or State requests withdrawal from the SIP [email protected]. safety risks subject to Executive Order of the existing sulfur limitations SUPPLEMENTARY INFORMATION: 13045 (62 FR 19885, April 23, 1997); regulation, which will be superseded if Throughout this document whenever and when EPA takes final action on the • Is not a significant regulatory action ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean State’s revised sulfur limitations EPA. subject to Executive Order 13211 (66 FR regulation. The intended effect of this 28355, May 22, 2001); action is to propose approval of the Table of Contents • Is not subject to requirements of State’s March 11, 2019 submittal into I. Background and Purpose Section 12(d) of the National the New Hampshire SIP. This action is II. New Hampshire’s SIP Revision Technology Transfer and Advancement being taken under the Clean Air Act. III. EPA’s Evaluation of New Hampshire’s SIP Act of 1995 (15 U.S.C. 272 note) because DATES: Written comments must be Revision application of those requirements would received on or before March 10, 2021. a. Liquid Fuels be inconsistent with the Clean Air Act; b. Solid Fuels ADDRESSES: Submit your comments, c. Gaseous Fuels and identified by Docket ID No. EPA–R01– IV. Proposed Action • Does not provide EPA with the OAR–2020–0209 at https:// V. Incorporation by Reference discretionary authority to address, as www.regulations.gov, or via email to VI. Statutory and Executive Order Reviews [email protected]. For appropriate, disproportionate human I. Background and Purpose health or environmental effects, using comments submitted at Regulations.gov, practicable and legally permissible follow the online instructions for New Hampshire’s Env-A 400 Sulfur methods, under Executive Order 12898 submitting comments. Once submitted, Content Limits of Fuels was approved (59 FR 7629, February 16, 1994). comments cannot be edited or removed by EPA as a revision to the New from Regulations.gov. For either manner Hampshire SIP on August 14, 1992 (57 In addition, the SIP is not approved of submission, the EPA may publish any FR 36603). Env-A 400 Sulfur Content to apply on any Indian reservation land comment received to its public docket. Limits of Fuels was subsequently or in any other area where EPA or an Do not submit electronically any renumbered by the state as Env-A 1600 Indian tribe has demonstrated that a information you consider to be Fuel Specifications (Env-A 1600). tribe has jurisdiction. In those areas of Confidential Business Information (CBI) Env-A 1600 was submitted to EPA as a Indian country, the rule does not have or other information whose disclosure is revision to the SIP in 2003 with a tribal implications and will not impose restricted by statute. Multimedia subsequent amendment submitted in substantial direct costs on tribal submissions (audio, video, etc.) must be 2015. However, New Hampshire governments or preempt tribal law as accompanied by a written comment. withdrew both submittals prior to EPA specified by Executive Order 13175 (65 The written comment is considered the action. Effective July 1, 2018, New FR 67249, November 9, 2000). official comment and should include Hampshire’s Revised Statutes List of Subjects in 40 CFR Part 52 discussion of all points you wish to Annotated (RSA) 125–C:10–d was make. The EPA will generally not amended to reduce the sulfur limits in Environmental protection, Air consider comments or comment liquid fuels imported into or distributed pollution control, Incorporation by contents located outside of the primary within the State. The State’s March 11, reference, Intergovernmental relations, submission (i.e. on the web, cloud, or 2019 SIP submittal of revised Env-A Ozone, Reporting and recordkeeping other file sharing system). For 1600 Fuel Specifications implements requirements, Volatile organic additional submission methods, please the state statute, (RSA) 125–C:10–d as compounds. contact the person identified in the FOR amended. FURTHER INFORMATION CONTACT section. Env-A 1600 is intended to prevent, Dated: February 3, 2021. For the full EPA public comment policy, abate, and control the use of fuels Deborah Szaro, information about CBI or multimedia containing specific pollutant elements Acting Regional Administrator, EPA submissions, and general guidance on and compounds. In conjunction with Region 1. making effective comments, please visit the submittal of Env-A 1600, on May 22, [FR Doc. 2021–02538 Filed 2–5–21; 8:45 am] http://www.epa.gov/dockets/ 2019, the New Hampshire Department BILLING CODE 6560–50–P commenting-epa-dockets. Publicly of Environmental Services (NH DES)

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requested removal of Env-A 400 Sulfur In addition, Env-A 1603, Sulfur TABLE 3—REVISED SULFUR CONTENT Content Limits in Fuels, which Content of Liquid Fuels prohibits the OF SOLID FUELS currently exists in the New Hampshire use of subject fuels at a stationary SIP but has been superseded as a matter source or unit, and prohibits any person Percent by weight of state law by Env-A 1600. Env-A 400 from supplying such fuels, having a Coal-burning device 2.8 pounds per million is now a state regulation unrelated to sulfur content in excess of that in Table placed in operation be- BTU (lb/MBTU) gross sulfur limitations in fuels. 2: fore April 15, 1970. heat content. Coal-burning device 1.5 lb/MBTU gross heat II. New Hampshire’s SIP Revision placed in operation on content. TABLE 2—STATE APPROVED SULFUR or after April 15, 1970. 1.0 lb/MBTU gross heat On March 11, 2019, the NH DES CONTENT OF LIQUID FUELS content average over submitted a SIP revision to EPA. This any consecutive 3- month period. SIP revision includes Env-A 1600 Fuel Fuel type Percent by weight Specifications, with amendments to JP–4 aviation fuel ...... 0.4% (4,000 parts million Env-A 1604 is silent on the previously Env-A 1603 and 1604 Sulfur Content (ppm)). approved three-month weighted average Limitations effective December 21, Aviation gasoline ...... 0.05% (500 ppm). of 2.0 pounds sulfur per million BTU for 2018. The amended Env-A 1603 and Kerosene-1 oil ...... 0.04% (400 ppm). coal received for use in any stationary 1604 lower the allowable limits for the Kersonene-2 oil and Jet 0.3% (3,000 ppm). source for the generation of heat or sulfur content of liquid and solid fuels. A, A–1, B, and JP–8 power. However, NH DES’s SIP The submitted Env-A 1600 removes the aviation fuels. Used oil ...... 2%. submission points out that current provisions of the EPA’s previously federally approved permit operating approved Env-A 400 related to sulfur conditions for the two stationary content requirements for natural gas, as Sulfur in fuel limits for these fuel types sources in the State put into operation explained below in section III.c. are not specified in the previously SIP- approved Env-A 400 and therefore this prior to April 15, 1970 are more III. EPA’s Evaluation of New strengthens the SIP. stringent than the previously approved Hampshire’s SIP Revision sulfur in coal requirement in Env-A EPA finds that Env-A 1600 contains 400.2 a. Liquid Fuels fuel sulfur limits which are more c. Gaseous Fuels The previous SIP-approved Env-A 400 stringent than those in the original rule generally allowed for the use of (Env-A 400), and in addition, includes SIP-approved Env-A 400 requires that distillate oil (No. 2), No. 4 oil, and sulfur limits for additional fuels gaseous fuel (natural and manufactured residual oil (Nos. 5 and 6) with a sulfur (kerosene and several grades of aviation gas) shall contain no more than 5 grains in fuel limit containing 0.4% sulfur by fuel) which have not been previously per 100 cubic feet of sulfur, calculated weight, 1% sulfur by weight, and 2% addressed in the SIP. as hydrogen sulfide (H2S), at standard 1 conditions. Env-A 1600 does not sulfur by weight, respectively. The b. Solid Fuels submitted revised Env-A 1603 prohibits include sulfur limits for gaseous fuels. on and after July 1, 2018 the importation For solid fuel, the previous SIP- New Hampshire’s SIP submittal points of, and prohibits on and after February approved Env-A 400 required the use of out that the Federal Energy Regulatory 1, 2019 the sale or distribution (except coal with a maximum sulfur content of Commission (FERC) determines the allowable sulfur content of natural gas for fuel remaining in storage for a device 2.8 pounds sulfur per million BTU gross in interstate pipelines. In addition, New not requiring a permit pursuant to RSA heat content for existing sources, a three Hampshire’s SIP submission states that 125–C:11) of, fuels having a sulfur month weighted average of 2.0 pounds Subchapter C of EPA regulations at 40 content in excess of the limits contained sulfur per million BTU for coal received in Table 1: CFR 79.55 specifies that propane-based for use in any stationary source for the fuel, defined as ‘‘gaseous motor vehicle generation of heat or power, and 1.5 TABLE 1—REVISED SULFUR CONTENT fuel, marketed commercially as liquified pounds sulfur per million BTU gross OF LIQUID FUELS petroleum gas (LPG), whose primary heat content for sources placed in constituent is propane’’ shall have a Fuel type Percent by weight operation after April 15, 1970. Env-A sulfur limit, including odorant, as 1604 Sulfur Content Limitations for specified in the table below. In addition, No. 2 oil, also referred to 0.0015% (15 parts mil- as distillate oil. lion (ppm)). Solid Fuels limits the maximum sulfur commercial propane is sold in several No. 4 oil ...... 0.25% (250 ppm). content in coal to the following: grades and each grade has a sulfur No. 5 oil or No. 6 oil, also 0.5% (500 ppm). content specification (also shown in the referred to as residual table 4 below) as published by the Gas oil. Processor’s Association.

TABLE 4—SULFUR CONTENT OF GASEOUS FUELS

Fuel ppmvd gr/100 scf gr/100 scf (as S) (as H2S) (as S)

Natural Gas ...... 338 0.3 20 Natural Gas & Manufactured Gas ...... 338 0.25 20 EPA 40 CFR 79.55 Table F94–B Propane Based Fuel Specifications ...... 7.7 GPA HD–5 Propane (industry standard) ...... 169 10 10

1 2 The residual oil limit for the Androscoggin The coal sulfur limit of 2.0 lb sulfur per MMBtu and Schiller Station, have federally enforceable SO2 Valley Air Quality Controls Region was 2.2% by is equivalent to an emission limit of 4.0 lbs SO2/ permit limits of 0.39 lb/MMBtu (7-day rolling weight. MMBtu averaged over any consecutive 3-month average) and 0.83 lb/MMBtu (24-hr calendar period. The subject facilities, Merrimack Station average), respectively.

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TABLE 4—SULFUR CONTENT OF GASEOUS FUELS—Continued

Fuel ppmvd gr/100 scf gr/100 scf (as S) (as H2S) (as S)

Commercial Propane (industry standard) ...... 254 15 15

Section 110(l) of the Clean Air Act in support of regional haze plan www.regulations.gov and at the EPA provides that EPA shall not approve any development, a temporary deferral of Region 1 Office (please contact the implementation plan revision if it the sulfur in fuel requirements would person identified in the FOR FURTHER would interfere with any applicable not cause significant degradation of INFORMATION CONTACT section of this requirements concerning attainment and visibility. Finally, NH DES highlighted preamble for more information). EPA is reasonable progress, or any other the establishment of the Department of also proposing to remove provisions of applicable requirement of the CAA. As Energy Northeast Home Heating Oil Env-A 400 Sulfur Content Limit in noted above, Env-A 1600 as a whole Reserve (NEHHOR), a one-million-barrel Fuels, approved August 14, 1992 (57 FR contains more stringent sulfur in fuel supply of ultra-low sulfur distillate 36603) from the New Hampshire State limits than the current SIP-approved which can be released should a Implementation Plan, which is rule (Env-A 400). Even though Env-A disruption in supply occur.4 incorporated by reference in accordance 1600 does not contain limits for sulfur Since (1) the supplier must with the requirements of 1 CFR part 51. in gaseous fuels (HD–5 Propone and demonstrate that certain conditions are VI. Statutory and Executive Order Commercial Propane), the lowering of met, (2) the deferral of the emission Reviews the allowed sulfur in fuel content of the limits may not be permanent or open- solid and liquid fuels will result in an ended, (3) such deferral requires Under the Clean Air Act, the overall reduction in the sulfur content notification to EPA, (4) such a Administrator is required to approve a of fuels. Therefore, EPA is proposing to temporarily deferral will not result in a SIP submission that complies with the find that the requirements of section significant increase in SO2 emissions or provisions of the Act and applicable 110(l) have been met. visibility impairment, and (5) the Federal regulations. 42 U.S.C. 7410(k); The rule contains a provision unlikelihood of such a request due to 40 CFR 52.02(a). Thus, in reviewing SIP whereby the State may, upon the NEHHOR, we propose to find the submissions, EPA’s role is to approve application, allow suppliers to defer provision approvable. state choices, provided that they meet compliance with sulfur content the criteria of the Clean Air Act. IV. Proposed Action emission limits of the rule during fuel Accordingly, this proposed action supply shortages, provided that EPA is proposing to approve Env-A merely approves state law as meeting compliance is not deferred for more 1600, Fuel Specifications, which was Federal requirements and does not than 90 days. Additional requests to submitted to EPA by New Hampshire on impose additional requirements beyond defer compliance may be made if the March 11, 2019. In addition, EPA is those imposed by state law. For that supply shortage continues longer than proposing to remove previously SIP reason, this proposed action: 90 days. The regulation requires the approved Env-400, Sulfur Content of • Is not a significant regulatory action supplier to: (1) Describe efforts made to Fuels, which has been superseded by subject to review by the Office of obtain compliant fuel, (2) indicate how Env-A 1600 as a matter of state law. EPA Management and Budget under much compliant fuel the supplier has at is soliciting public comments on the Executive Orders 12866 (58 FR 51735, the time of the request, and (3) provide issues discussed in this notice or on October 4, 1993) and 13563 (76 FR 3821, an estimate of the duration of the other relevant matters. These comments January 21, 2011); shortage. The rule requires that the State will be considered before taking final • Is not expected to be an Executive confer with EPA upon receipt of a action. Interested parties may Order 13771 regulatory action because deferral request. In addition, the rule participate in the Federal rulemaking this action is not significant under requires that the State notify EPA within procedure by submitting written Executive Order 12866; 5 days of issuing an order deferring comments to this proposed rule by • Does not impose an information compliance. following the instructions listed in the collection burden under the provisions In a letter dated November 20, 2020, ADDRESSES section of this Federal of the Paperwork Reduction Act (44 NH DES provided additional Register. U.S.C. 3501 et seq.); information on the possible impact of V. Incorporation by Reference • Is certified as not having a granting a deferral request during a significant economic impact on a 3 supply shortage. NH DES In this rule, the EPA is proposing to substantial number of small entities conservatively estimated that the include in a final EPA rule regulatory under the Regulatory Flexibility Act (5 granting of a temporary statewide sulfur text that includes incorporation by U.S.C. 601 et seq.); reference. In accordance with in fuel deferral would only increase the • Does not contain any unfunded requirements of 1 CFR 51.5, the EPA is SO2 emissions by an average of 1.9 lb mandate or significantly or uniquely proposing to incorporate by reference SO2 per square mile per day. NH DES affect small governments, as described New Hampshire’s regulation Env-A further clarifies that the adoption of the in the Unfunded Mandates Reform Act 1600 Fuel Specifications as discussed in low sulfur in fuels limits is SIP of 1995 (Pub. L. 104–4); strengthening and considered one section III. The EPA has made, and will • Does not have federalism component of the State’s Regional Haze continue to make, these documents implications as specified in Executive strategy. Based on modeling conducted generally available through https:// Order 13132 (64 FR 43255, August 10,

3 4 1999); The NH DES letter dated November 20, 2020, https://www.energy.gov/fe/services/petroleum- • signed by Craig A. Wright is included in the docket resrves/heating-oil-reserves as visited on July 8, Is not an economically significant for this rulemaking. 2020. regulatory action based on health or

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safety risks subject to Executive Order Pennsylvania. This revision pertains to I. Background 13045 (62 FR 19885, April 23, 1997); the Commonwealth’s plan, submitted by In 1979, under section 109 of the • Is not a significant regulatory action the Pennsylvania Department of CAA, EPA established primary and subject to Executive Order 13211 (66 FR Environmental Protection (PADEP), for secondary NAAQS for ozone at 0.12 28355, May 22, 2001); maintaining the 1997 8-hour ozone • Is not subject to requirements of parts per million (ppm), averaged over national ambient air quality standard a 1-hour period. 44 FR 8202 (February Section 12(d) of the National (NAAQS) (referred to as the ‘‘1997 Technology Transfer and Advancement 8, 1979). On July 18, 1997 (62 FR ozone NAAQS’’) in the Tioga County, 38856),1 EPA revised the primary and Act of 1995 (15 U.S.C. 272 note) because Pennsylvania area (Tioga County Area). application of those requirements would secondary NAAQS for ozone to set the This action is being taken under the acceptable level of ozone in the ambient be inconsistent with the Clean Air Act; Clean Air Act (CAA). and air at 0.08 ppm, averaged over an 8-hour • Does not provide EPA with the DATES: Written comments must be period. EPA set the 1997 ozone NAAQS discretionary authority to address, as received on or before March 10, 2021. based on scientific evidence appropriate, disproportionate human demonstrating that ozone causes ADDRESSES: Submit your comments, health or environmental effects, using adverse health effects at lower identified by Docket ID No. EPA–R03– practicable and legally permissible concentrations and over longer periods OAR–2020–0321 at https:// methods, under Executive Order 12898 of time than was understood when the (59 FR 7629, February 16, 1994). www.regulations.gov, or via email to pre-existing 1-hour ozone NAAQS was In addition, the SIP is not approved [email protected]. For set. to apply on any Indian reservation land comments submitted at Regulations.gov, Following promulgation of a new or or in any other area where EPA or an follow the online instructions for revised NAAQS, EPA is required by the Indian tribe has demonstrated that a submitting comments. Once submitted, CAA to designate areas throughout the tribe has jurisdiction. In those areas of comments cannot be edited or removed nation as attaining or not attaining the Indian country, the rule does not have from Regulations.gov. For either manner NAAQS. On April 30, 2004 (69 FR tribal implications and will not impose of submission, EPA may publish any 23857), EPA designated the Tioga substantial direct costs on tribal comment received to its public docket. County Area as nonattainment for the governments or preempt tribal law as Do not submit electronically any 1997 ozone NAAQS, effective June 15, specified by Executive Order 13175 (65 information you consider to be 2004. The Tioga County Area consists FR 67249, November 9, 2000). confidential business information (CBI) solely of Tioga County in Pennsylvania. or other information whose disclosure is Once a nonattainment area has three List of Subjects in 40 CFR Part 52 restricted by statute. Multimedia years of complete and certified air Environmental protection, Air submissions (audio, video, etc.) must be quality data that has been determined to pollution control, Carbon monoxide, accompanied by a written comment. attain the NAAQS, and the area has met Incorporation by reference, The written comment is considered the the other criteria outlined in CAA Intergovernmental relations, Lead, official comment and should include section 107(d)(3)(E),2 the state can Nitrogen dioxide, Ozone, Particulate discussion of all points you wish to submit a request to EPA to redesignate matter, Reporting and recordkeeping make. EPA will generally not consider the area to attainment. Areas that have requirements, Sulfur oxides, Volatile comments or comment contents located been redesignated by EPA from organic compounds. outside of the primary submission (e.g., nonattainment to attainment are referred Dated: February 3, 2021. on the web, cloud, or other file sharing to as ‘‘maintenance areas.’’ One of the criteria for redesignation is to have an Deborah Szaro, system). For additional submission methods, please contact the person approved maintenance plan under CAA Acting Regional Administrator, EPA section 175A. The maintenance plan Region 1. identified in the FOR FURTHER must demonstrate that the area will INFORMATION CONTACT section. For the [FR Doc. 2021–02535 Filed 2–5–21; 8:45 am] continue to maintain the standard for full EPA public comment policy, BILLING CODE 6560–50–P the period extending 10 years after information about CBI or multimedia redesignation, and it must contain such submissions, and general guidance on additional measures as necessary to ENVIRONMENTAL PROTECTION making effective comments, please visit ensure maintenance as well as AGENCY https://www.epa.gov/dockets/ contingency measures as necessary to commenting-epa-dockets. 40 CFR Part 52 assure that violations of the standard FOR FURTHER INFORMATION CONTACT: will be promptly corrected. [EPA–R03–OAR–2020–0321; FRL–10016– Adam Yarina, Planning & 97–Region 3] Implementation Branch (3AD30), Air & 1 In March 2008, EPA completed another review Radiation Division, U.S. Environmental of the primary and secondary ozone standards and Air Plan Approval; Pennsylvania; 1997 tightened them further by lowering the level for 8-Hour Ozone National Ambient Air Protection Agency, Region III, 1650 both to 0.075 ppm. 73 FR 16436 (March 27, 2008). Quality Standards Second Arch Street, Philadelphia, PA 19103. Additionally, in October 2015, EPA completed a Maintenance Plan for the Tioga County The telephone number is (215) 814– review of the primary and secondary ozone 2108. Mr. Yarina can also be reached via standards and tightened them by lowering the level Area for both to 0.70 ppm. 80 FR 65292 (October 26, electronic mail at [email protected]. 2015). AGENCY: Environmental Protection 2 SUPPLEMENTARY INFORMATION: On March The requirements of CAA section 107(d)(3)(E) Agency (EPA). include attainment of the NAAQS, full approval ACTION: Proposed rule. 10, 2020, PADEP submitted a revision to under section 110(k) of the applicable SIP, the Pennsylvania SIP to incorporate a determination that improvement in air quality is a SUMMARY: The Environmental Protection plan for maintaining the 1997 ozone result of permanent and enforceable reductions in NAAQS in the Tioga County Area emissions, demonstration that the state has met all Agency (EPA) is proposing to approve a applicable section 110 and part D requirements, and state implementation plan (SIP) revision through July 6, 2027, in accordance with a fully approved maintenance plan under CAA submitted by the Commonwealth of CAA section 175A. section 175A.

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On July 6, 2007 (72 FR 36892, contingency plan. The 1992 Calcagni NAAQS through July 6, 2027, i.e., effective the same day), EPA approved Memo 5 provides that states may through the entire 20-year maintenance a redesignation request and generally demonstrate maintenance by period. maintenance plan from PADEP for the either performing air quality modeling II. Summary of SIP Revision and EPA Tioga County Area. In accordance with to show that the future mix of sources Analysis section 175A(b), at the end of the eighth and emission rates will not cause a year after the effective date of the violation of the NAAQS or by showing PADEP’s March 10, 2020 SIP redesignation, the state must also that future emissions of a pollutant and submittal outlines a plan for continued submit a second maintenance plan to its precursors will not exceed the level maintenance of the 1997 ozone NAAQS ensure ongoing maintenance of the of emissions during a year when the which addresses the criteria set forth in standard for an additional 10 years. area was attaining the NAAQS (i.e., the 1992 Calcagni Memo as follows. EPA’s final implementation rule for attainment year inventory). See 1992 A. Attainment Emissions Inventory the 2008 ozone NAAQS revoked the Calcagni Memo at p. 9. EPA further 1997 ozone NAAQS and provided that clarified in three subsequent guidance For maintenance plans, a state should one consequence of revocation was that memos describing ‘‘limited maintenance develop a comprehensive and accurate areas that had been redesignated to plans’’ (LMPs) 6 that the requirements of inventory of actual emissions for an attainment (i.e., maintenance areas) for CAA section 175A could be met by attainment year which identifies the the 1997 ozone NAAQS no longer demonstrating that the area’s design level of emissions in the area which is needed to submit second 10-year value 7 was well below the NAAQS and sufficient to maintain the NAAQS. The maintenance plans under CAA section that the historical stability of the area’s inventory should be developed 175A(b).3 However, in South Coast Air air quality levels showed that the area consistent with EPA’s most recent Quality Management District v. EPA 4 was unlikely to violate the NAAQS in guidance. For ozone, the inventory (South Coast II), the United States Court the future. Specifically, EPA believes should be based on typical summer of Appeals for the District of Columbia that if the most recent air quality design day’s emissions of oxides of nitrogen (D.C. Circuit) vacated EPA’s value for the area is at a level that is (NOX) and volatile organic compounds interpretation that, because of the below 85% of the standard, or in this (VOC), the precursors to ozone revocation of the 1997 ozone standard, case below 0.071 ppm, then EPA formation. In the first maintenance plan second maintenance plans were not considers the state to have met the for the Tioga County Area, PADEP used required for ‘‘orphan maintenance section 175A requirement for a 2004 for the attainment year inventory, areas,’’ (i.e., areas like the Tioga County demonstration that the area will because 2004 was a reasonable year Area) that had been redesignated to maintain the NAAQS for the requisite within the 2002–2004 3-year block and attainment for the 1997 ozone NAAQS period. Accordingly, on March 10, 2020, is one of the years in the 2003–2005 and were designated attainment for the PADEP submitted an LMP for the Tioga three-year period when the area first 2008 ozone NAAQS. Thus, states with County Area, following EPA’s LMP attained the 1997 ozone NAAQS.8 The these ‘‘orphan maintenance areas’’ guidance and demonstrating that the Tioga County Area continued to monitor under the 1997 ozone NAAQS must area will maintain the 1997 ozone attainment of the 1997 ozone NAAQS in submit maintenance plans for the 2014. Therefore, the emissions second maintenance period. 5 ‘‘Procedures for Processing Requests to Redesignate Areas to Attainment,’’ Memorandum inventory from 2014 represents As previously discussed, CAA section from John Calcagni, Director, Air Quality emissions levels conducive to continued 175A sets forth the criteria for adequate Management Division, September 4, 1992 (1992 attainment (i.e., maintenance) of the maintenance plans. In addition, EPA Calcagni Memo). NAAQS. Thus, PADEP is using 2014 as has published longstanding guidance 6 See ‘‘Limited Maintenance Plan Option for representing attainment level emissions Nonclassifiable Ozone Nonattainment Areas’’ from that provides further insight on the Sally L. Shaver, Office of Air Quality Planning and for its second maintenance plan. content of an approvable maintenance Standards (OAQPS), dated November 16, 1994; Pennsylvania used 2014 summer day plan, explaining that a maintenance ‘‘Limited Maintenance Plan Option for emissions from EPA’s 2014 version 7.0 plan should address five elements: (1) Nonclassifiable CO Nonattainment Areas’’ from modeling platform as the basis for the Joseph Paisie, OAQPS, dated October 6, 1995; and 9 An attainment emissions inventory; (2) ‘‘Limited Maintenance Plan Option for Moderate 2014 inventory presented in Table 1. a maintenance demonstration; (3) a PM10 Nonattainment Areas’’ from Lydia Wegman, commitment for continued air quality OAQPS, dated August 9, 2001. 8 For more information, see EPA’s May 8, 2007 monitoring; (4) a process for verification 7 The ozone design value for a monitoring site is notice proposing to redesignate the Tioga County of continued attainment; and (5) a the 3-year average of the annual fourth-highest daily Area to attainment for the 1997 ozone NAAQS (72 maximum 8-hour average ozone concentrations. FR 26046). The design value for an ozone nonattainment area 9 For more information, visit https:// 3 See 80 FR 12315 (March 6, 2015). is the highest design value of any monitoring site www.epa.gov/sites/production/files/2018-11/ozone_ 4 882 F.3d 1138 (D.C. Cir. 2018). in the area. 1997_naaqs_emiss_inv_data_nov_19_2018_0.xlsx.

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TABLE 1—2014 TYPICAL SUMMER DAY NOX AND VOC EMISSIONS FOR THE TIOGA COUNTY AREA [Tons/day]

Source category NOX emissions VOC emissions

Point ...... 1.16 0.27 Nonpoint ...... 1.72 3.43 Onroad ...... 3.41 1.23 Nonroad ...... 0.86 1.31

The data shown in Table 1 is based on that are not primarily used to propel is well below the NAAQS (i.e., below the 2014 National Emissions Inventory transportation equipment, such as 85%, or in this case below 0.071 ppm), (NEI) version 2.10 The inventory generators, forklifts, and marine the section 175A demonstration addresses four anthropogenic emission pleasure craft. EPA reviewed the requirement has been met, provided that source categories: Stationary (point) emissions inventory submitted by Prevention of Significant Deterioration sources, stationary nonpoint (area) PADEP and proposes to conclude that (PSD) requirements, any control sources, nonroad mobile, and onroad the plan’s inventory is acceptable for the measures already in the SIP, and any mobile sources. Point sources are purposes of a subsequent maintenance Federal measures remain in place stationary sources that have the plan under CAA section 175A(b). through the end of the second 10-year potential to emit (PTE) more than 100 B. Maintenance Demonstration maintenance period (absent a showing tons per year (tpy) of VOC, or more than consistent with section 110(l) that such In order to attain the 1997 ozone 50 tpy of NOX, and which are required measures are not necessary to assure NAAQS, the three-year average of the to obtain an operating permit. Data are maintenance). collected for each source at a facility fourth-highest daily average ozone and reported to PADEP. Examples of concentrations (design value, or ‘‘DV’’) For the purposes of demonstrating point sources include kraft mills, at each monitor within an area must not continued maintenance with the 1997 electrical generating units (EGUs), and exceed 0.08 ppm. Based on the ozone NAAQS, PADEP provided 3-year pharmaceutical factories. Nonpoint rounding convention described in 40 DVs at the monitor located in the Tioga sources include emissions from CFR part 50, appendix I, the standard is County Area from 2007 to 2018. This equipment, operations, and activities attained if the DV is 0.084 or below. includes DVs for 2005–2007, 2006– that are numerous and in total have CAA section 175A requires a 2008, 2007–2009, 2008–2010, 2009– significant emissions. Examples include demonstration that the area will 2011, 2010–2012, 2011–2013, 2012– emissions from commercial and continue to maintain the NAAQS 2014, 2013–2015, 2014–2016, 2015– consumer products, portable fuel throughout the duration of the requisite 2017, and 2016–2018, which are shown containers, home heating, repair and maintenance period. Consistent with the in Table 2.12 In addition, EPA has refinishing operations, and crematories. prior guidance documents discussed reviewed the most recent ambient air The onroad emissions sector includes previously in this document as well as quality monitoring data for ozone in the emissions from engines used primarily EPA’s November 20, 2018 ‘‘Resource Tioga County Area, as submitted by to propel equipment on highways and Document for 1997 Ozone NAAQS Pennsylvania and recorded in EPA’s Air other roads, including passenger Areas: Supporting Information for States Quality System (AQS). The most recent vehicles, motorcycles, and heavy-duty Developing Maintenance Plans’’ (2018 DVs (i.e., 2017–2019) at monitors diesel trucks. The nonroad emissions Resource Document),11 EPA believes located in the Tioga County Area are sector includes emissions from engines that if the most recent DV for the area also shown in Table 2.13 TABLE 2—1997 OZONE NAAQS DESIGN VALUES (PARTS PER MILLION [PPM]) FOR THE TIOGA COUNTY AREA

2005– 2006– 2007– 2008– 2009– 2010– 2011– 2012– 2013– 2014– 2015– 2016– 2017– County AQS Site ID 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019

Tioga ...... 42–117–4000 ...... 075 .073 .070 .070 .069 .071 .069 .065 .063 .063 .064 .064 .060

The data in Table 2 show that the DVs which is well below 85% of the 1997 according to EPA’s 2018 Resource for the Tioga County Area have been ozone NAAQS. Document. One approach is to take the below 85% of the 1997 ozone NAAQS States can also support the most recent DV at a monitor located in (i.e., less than or equal to 0.071 ppm) demonstration of continued the area and add the maximum DV since the 2007–2009 period. The DV for maintenance by showing stable or increase over one or more consecutive the 2017–2019 period at the monitor in improving air quality trends; several years that has been observed in the area the Tioga County Area is 0.060 ppm, kinds of analyses can be performed by over the past several years. A sum of states wishing to make such a showing, these two values that does not exceed

10 The NEI is a comprehensive and detailed 11 This resource document is included in the rulemaking available online at https:// estimate of air emissions of criteria pollutants, docket for this rulemaking available online at www.regulations.gov, Docket ID: EPA–R03–OAR– criteria precursors, and hazardous air pollutants https://www.regulations.gov, Docket ID: EPA–R03– 2020–0316. from air emissions sources. The NEI is released OAR–2020–0316 and is also available at https:// 13 This data is also included in the docket for this every three years based primarily upon data www.epa.gov/sites/production/files/2018-11/ rulemaking available online at https:// documents/ozone_1997_naaqs_lmp_resource_ provided by State, Local, and Tribal air agencies for www.regulations.gov, Docket ID: EPA–R03–OAR– document_nov_20_2018.pdf. sources in their jurisdictions and supplemented by 2020–0316 and is also available at https:// 12 See also Table II–2 of PADEP’s March 10, 2020 www.epa.gov/air-trends/air-quality-design- data developed by EPA. submittal, included in the docket for this values#report.

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the level of the 1997 ozone NAAQS may stationary source emissions data to 0.084 ppm) for two consecutive years, be a good indicator of expected compared to the assumptions included but prior to an actual violation of the continued attainment. The data in Table in the LMP. PADEP also states that it NAAQS, PADEP will evaluate whether 2 of this document show that the largest will evaluate the periodic (i.e., every additional local emission control DV increase at the monitor located in three years) emission inventories measures should be implemented that the Tioga County Area was 0.002 ppm, prepared under EPA’s Air Emission may prevent a violation of the which occurred between the 2009–2011 Reporting Requirements (40 CFR part NAAQS.16 After analyzing the (0.069 ppm) and 2010–2012 (0.071 ppm) 51, subpart A). Based on these conditions causing the excessive ozone DVs. Adding 0.002 ppm to the DV for evaluations, PADEP will consider levels, evaluating the effectiveness of the 2017–2019 period (0.060 ppm) whether any further emission control potential corrective measures, and results in 0.062 ppm, a sum that is still measures should be implemented for considering the potential effects of below the 1997 ozone NAAQS. the Tioga County Area. EPA has Federal, state, and local measures that The Tioga County Area has analyzed the commitments in PADEP’s have been adopted but not yet maintained air quality levels below the submittal and is proposing to determine implemented, PADEP will begin the 1997 ozone NAAQS since the Area first that they meet the requirements for process of implementing selected attained the NAAQS in 2006, and continued air quality monitoring and measures so that they can be maintained air quality levels at or below verification of continued attainment. 85% of the NAAQS since 2009.14 implemented as expeditiously as Additional supporting information that D. Contingency Plan practicable following a violation of the the area is expected to continue to The contingency plan provisions are NAAQS. In the event of a violation, maintain the standard can be found in designed to promptly correct or prevent PADEP commits to adopting additional projections of future year DVs that EPA a violation of the NAAQS that might emission reduction measures as recently completed to assist states with occur after redesignation of an area to expeditiously as practicable in the development of interstate transport attainment. Section 175A of the CAA accordance with the schedule included SIPs for the 2015 8-hour ozone NAAQS. requires that a maintenance plan in the contingency plan as well as the Those projections, made for the year include such contingency measures as CAA and applicable Pennsylvania 2023, show that the DV at the monitor EPA deems necessary to assure that the statutory requirements. located in the Tioga County Area is state will promptly correct a violation of PADEP will use the following criteria expected to be 0.0573 ppm.15 Therefore, the NAAQS that occurs after when considering additional emission EPA proposes to determine that future redesignation. The maintenance plan reduction measures to adopt to address violations of the 1997 ozone NAAQS in should identify the contingency a violation of the 1997 ozone NAAQS in the Tioga County Area are unlikely. measures to be adopted, a schedule and the Tioga County Area: (1) Air quality procedure for adoption and C. Continued Air Quality Monitoring analysis indicating the nature of the implementation of the contingency violation, including the cause, location, and Verification of Continued measures, and a time limit for action by and source; (2) emission reduction Attainment the state. The state should also identify potential, including extent to which Once an area has been redesignated to specific indicators to be used to emission generating sources occur in the attainment, the state remains obligated determine when the contingency to maintain an air quality network in measures need to be adopted and nonattainment area; (3) timeliness of accordance with 40 CFR part 58, in implemented. The maintenance plan implementation in terms of the potential order to verify the area’s attainment must require that the state will to return the area to attainment as status. In the March 10, 2020 submittal, implement all pollution control expeditiously as practicable; and (4) PADEP commits to continue to operate measures that were contained in the SIP costs, equity, and cost-effectiveness. The their air monitoring network in before redesignation of the area to measures PADEP would consider accordance with 40 CFR part 58. PADEP attainment. See section 175(A)(d) of the pursuing for adoption in the Tioga also commits to track the attainment CAA. County Area include, but are not limited status of the Tioga County Area for the PADEP’s March 10, 2020 submittal to, those summarized in Table 3. If 1997 ozone NAAQS through the review includes a contingency plan for the additional emission reductions are of air quality and emissions data during Tioga County Area. In the event that the necessary, PADEP commits to adopt the second maintenance period. This fourth highest eight-hour ozone additional emission reduction measures includes an annual evaluation of concentrations at a monitor in the Tioga to attain and maintain the 1997 ozone vehicles miles traveled (VMT) and County Area exceeds 84 ppb (equivalent NAAQS.

TABLE 3—TIOGA COUNTY AREA SECOND MAINTENANCE PLAN CONTINGENCY MEASURES

Non-Regulatory Measures: Voluntary diesel engine ‘‘chip reflash’’ (installation software to correct the defeat device option on certain heavy-duty diesel engines). Diesel retrofit (including replacement, repowering or alternative fuel use) for public or private local onroad or offroad fleets. Idling reduction technology for Class 2 yard locomotives. Idling reduction technologies or strategies for truck stops, warehouses, and other freight-handling facilities. Accelerated turnover of lawn and garden equipment, especially commercial equipment, including promotion of electric equipment. Additional promotion of alternative fuel (e.g., biodiesel) for home heating and agricultural use. Regulatory Measures: 17

14 As explained in EPA’s May 8, 2007 notice 15 See U.S. EPA, ‘‘Air Quality Modeling Technical modeling-technical-support-document-updated- proposing to redesignate the Tioga County Area as Support Document for the Updated 2023 Projected 2023-projected-ozone-design. attainment for the 1997 ozone NAAQS (72 FR Ozone Design Values’’, Office of Air Quality 16 A violation of the NAAQS occurs when an 26046), the 2003–2005 DV for the Tioga County Planning and Standards, dated June 2018, available area’s 3-year design value exceeds the NAAQS. Area was 0.081 ppm. at https://www.epa.gov/airmarkets/air-quality-

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TABLE 3—TIOGA COUNTY AREA SECOND MAINTENANCE PLAN CONTINGENCY MEASURES—Continued Additional control on consumer products 18. Additional controls on portable fuel containers 19.

The contingency plan includes implementation of both non-regulatory which are summarized in Tables 4 and schedules for the adoption and and regulatory contingency measures, 5, respectively.

TABLE 4—IMPLEMENTATION SCHEDULE FOR TIOGA COUNTY AREA NON-REGULATORY CONTINGENCY MEASURES

Time after triggering event Action

Within 2 months ...... PADEP will identify stakeholders for potential non-regulatory measures for further development. Within 3 months ...... If funding is necessary, PADEP will identify potential sources of funding and the timeframe for when funds would be available. Within 9 months ...... If state loans or grants are required, PADEP will enter into agreements with implementing organizations. PADEP will also quantify projected emission benefits. Within 12 months ...... PADEP will submit revised SIP to EPA. Within 12–24 months ...... PADEP will implement strategies and projects.

TABLE 5—IMPLEMENTATION SCHEDULE FOR TIOGA AREA REGULATORY CONTINGENCY MEASURES

Time after triggering event Action

Within 1 month ...... PADEP will submit request to begin regulatory development process. Within 3 months ...... Request will be reviewed by the Air Quality Technical Advisory Committee (AQTAC), Citizens Advisory Council, and other advisory committees as appropriate. Within 6 months ...... Environmental Quality Board (EQB) meeting/action. Within 8 months ...... PADEP will publish regulatory measure in the Pennsylvania Bulletin for comment as proposed rulemaking. Within 10 months ...... PADEP will hold a public hearing and comment period on proposed rulemaking. Within 11 months ...... House and Senate Standing Committee and Independent Regulatory Review Commission (IRCC) comment on proposed rulemaking. Within 13 months ...... AQTAC, Citizens Advisory Council, and other committees will review responses to comment(s), if applicable, and the draft final rulemaking. Within 16 months ...... EQB meeting/action. Within 17 months ...... The IRCC will take action on final rule Within 18 months ...... Attorney General’s review/action. Within 19 months ...... PADEP will publish the regulatory measure as a final rule in the Pennsylvania Bulletin and submit to EPA as a SIP revision. The regulation will become effective upon publication in the Pennsylvania Bulletin.

EPA proposes to find that the E. Transportation Conformity Program (TIP) are consistent with the contingency plan included in PADEP’s motor vehicle emissions budget (MVEB) March 10, 2020 submittal satisfies the Transportation conformity is required contained in the control strategy SIP pertinent requirements of CAA section by section 176(c) of the CAA. revision or maintenance plan (40 CFR 175A(d). EPA notes that while five of Conformity to a SIP means that 93.101, 93.118, and 93.124). An MVEB the potential contingency measures transportation activities will not is defined as ‘‘that portion of the total included in the Commonwealth’s produce new air quality violations, allowable emissions defined in the second maintenance plan are non- worsen existing violations, or delay submitted or approved control strategy regulatory, their inclusion among other timely attainment of the NAAQS (CAA implementation plan revision or measures is overall SIP-strengthening, 176(c)(1)(B)). EPA’s conformity rule at maintenance plan for a certain date for and their inclusion does not alter EPA’s 40 CFR part 93 requires that the purpose of meeting reasonable proposal to find the LMP is fully transportation plans, programs and further progress milestones or approvable. EPA also finds that the projects conform to SIPs and establish demonstrating attainment or submittal acknowledges Pennsylvania’s the criteria and procedures for maintenance of the NAAQS, for any continuing requirement to implement determining whether or not they criteria pollutant or its precursors, all pollution control measures that were conform. The conformity rule generally allocated to highway and transit vehicle contained in the SIP before requires a demonstration that emissions use and emissions (40 CFR 93.101).’’ redesignation of the Tioga County Area from the Regional Transportation Plan Under the conformity rule, LMP areas to attainment. (RTP) and Transportation Improvement may demonstrate conformity without a

17 These regulatory measures were considered adopt. OTC member states include: Connecticut, 18 Pennsylvania’s existing controls on consumer potential cost-effective and timely control strategies Delaware, the District of Columbia, Maine, products are under 25 Pa. Code Chapter 130, by the Ozone Transport Commission (OTC) as well Maryland, Massachusetts, New Hampshire, New Subchapters B and C (38 Pa.B. 5598). This as the Mid-Atlantic Regional Air Management Jersey, New York, Pennsylvania, Rhode Island, contingency measure includes the adoption of Association and the Mid-Atlantic/Northeast Vermont, and Virginia. For more information on the additional controls on consumer products such as Visibility Union. The OTC is a multi-state OTC, visit https://otcair.org/index.asp. To view the VOC limits for adhesive removers. organization responsible for developing regional model rules developed by the OTC, including those 19 Existing controls on portable fuel containers solutions to ground-level ozone pollution in the for consumer products and portable fuel containers, can be found under 40 CFR part 59, subpart F— Northeast and Mid-Atlantic, including the visit https://otcair.org/ Control of Evaporative Emissions From New and In- development of model rules that member states may document.asp?fview=modelrules. Use Portable Fuel Containers.

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regional emission analysis (40 CFR action because it is not a significant ENVIRONMENTAL PROTECTION 93.109(e)). However, because LMP areas regulatory action under Executive Order AGENCY are still maintenance areas, certain 12866. aspects of transportation conformity • Does not impose an information 40 CFR Part 52 determinations still will be required for collection burden under the provisions [EPA–R01–OAR–2020–0719; FRL–10019– transportation plans, programs, and of the Paperwork Reduction Act (44 44–Region 1] projects. Specifically, for such U.S.C. 3501 et seq.); determination, RTPs, TIPs, and • Is certified as not having a Air Plan Approval; Connecticut; transportation projects still will have to significant economic impact on a Regulations To Limit Premises-Wide demonstrate that they are fiscally substantial number of small entities Actual and Potential Emissions From constrained (40 CFR 93.108), meet the under the Regulatory Flexibility Act (5 Major Stationary Sources of Air criteria for consultation (40 CFR 93.105 U.S.C. 601 et seq.); Pollution and 93.112) and transportation control • AGENCY: measure implementation in the Does not contain any unfunded Environmental Protection conformity rule provisions (40 CFR mandate or significantly or uniquely Agency (EPA). 93.113). Additionally, conformity affect small governments, as described ACTION: Proposed rule. determinations for RTPs and TIPs must in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); SUMMARY: The Environmental Protection be determined no less frequently than Agency (EPA) is proposing to approve a • Does not have Federalism every four years, and conformity of plan State Implementation Plan (SIP) implications as specified in Executive and TIP amendments and transportation revision submitted by the State of Order 13132 (64 FR 43255, August 10, projects is demonstrated in accordance Connecticut. This revision proposes to with the timing requirements specified 1999); • approve into the Connecticut SIP state in 40 CFR 93.104. In addition, for Is not an economically significant regulations that apply restrictions on projects to be approved, they must come regulatory action based on health or emissions of criteria pollutants for from a currently conforming RTP and safety risks subject to Executive Order which EPA has established National TIP (40 CFR 93.114 and 93.115). The 13045 (62 FR 19885, April 23, 1997); Ambient Air Quality Standards. Tioga County Area remains under the • Is not a significant regulatory action Separately, we are also proposing to obligation to meet the applicable subject to Executive Order 13211 (66 FR approve Connecticut regulations that conformity requirements for the 1997 28355, May 22, 2001); apply restrictions on emissions of ozone NAAQS. • Is not subject to requirements of hazardous air pollutants (HAPs). The III. Proposed Action section 12(d) of the National Connecticut regulations impose legally and practicably enforceable emissions EPA’s review of PADEP’s March 10, Technology Transfer and Advancement limitations restricting eligible sources’ 2020 submittal indicates that it meets all Act of 1995 (15 U.S.C. 272 note) because actual and potential emissions below applicable CAA requirements, application of those requirements would major stationary source thresholds, if a specifically the requirements of CAA be inconsistent with the CAA; and • Does not provide EPA with the source chooses to be covered by the section 175A. EPA is proposing to regulations. Such restrictions would approve the second maintenance plan discretionary authority to address, as appropriate, disproportionate human generally allow eligible sources to avoid for the Tioga County Area as a revision having to comply with reasonably to the Pennsylvania SIP. EPA is health or environmental effects, using practicable and legally permissible available control technology (RACT) soliciting public comments on the that would otherwise apply to major issues discussed in this document. methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). stationary sources, title V operating These comments will be considered permit requirements, or other In addition, this proposed before taking final action. requirements that apply only to major rulemaking, proposing approval of stationary sources. This action is being IV. Statutory and Executive Order Pennsylvania’s second maintenance taken under the Clean Air Act. Reviews plan for the Tioga County Area, does not Under the CAA, the Administrator is have tribal implications as specified by DATES: Written comments must be required to approve a SIP submission Executive Order 13175 (65 FR 67249, received on or before March 10, 2021. that complies with the provisions of the November 9, 2000), because the SIP is ADDRESSES: Submit your comments, CAA and applicable Federal regulations. not approved to apply in Indian country identified by Docket ID No. EPA–R01– 42 U.S.C. 7410(k); 40 CFR 52.02(a). located in the State, and EPA notes that OAR–2020–0719 at https:// Thus, in reviewing SIP submissions, it will not impose substantial direct www.regulations.gov, or via email to EPA’s role is to approve state choices, costs on tribal governments or preempt [email protected]. For comments provided that they meet the criteria of tribal law. submitted at Regulations.gov, follow the the CAA. Accordingly, this action online instructions for submitting merely approves state law as meeting List of Subjects in 40 CFR Part 52 comments. Once submitted, comments Federal requirements and does not Environmental protection, Air cannot be edited or removed from impose additional requirements beyond pollution control, Incorporation by Regulations.gov. For either manner of those imposed by state law. For that reference, Intergovernmentalrelations, submission, the EPA may publish any reason, this proposed action: Nitrogen dioxide, Ozone, Reporting and comment received to its public docket. • Is not a ‘‘significant regulatory recordkeeping requirements, Volatile Do not submit electronically any action’’ subject to review by the Office organiccompounds. information you consider to be of Management and Budget under Confidential Business Information (CBI) Dated: February 3, 2021. Executive Orders 12866 (58 FR 51735, or other information whose disclosure is October 4, 1993) and 13563 (76 FR 3821, Diana Esher, restricted by statute. Multimedia January 21, 2011); Acting Regional Administrator, Region III. submissions (audio, video, etc.) must be • Is not an Executive Order 13771 (82 [FR Doc. 2021–02558 Filed 2–5–21; 8:45 am] accompanied by a written comment. FR 9339, February 2, 2017) regulatory BILLING CODE 6560–50–P The written comment is considered the

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official comment and should include pollutants. The Connecticut regulations RCSA section 22a–174–33a, Limit on discussion of all points you wish to impose legally and practicably Premises-wide Actual Emissions Below make. The EPA will generally not enforceable emissions limitations 50% of Title V Thresholds, effective consider comments or comment restricting eligible sources’ actual and September 24, 2020, and RCSA section contents located outside of the primary potential emissions below major 22a–174–33b, Limit on Premises-wide submission (i.e. on the web, cloud, or stationary source thresholds, if a source Actual Emissions Below 80% of Title V other file sharing system). For chooses to be covered by the Thresholds, effective September 24, additional submission methods, please regulations. 2020, under Section 110 of the CAA. contact the person identified in the FOR Federally-enforceable limits on EPA is also separately proposing to FURTHER INFORMATION CONTACT section. criteria pollutants or their precursors approve RCSA section 22a–174–33a, For the full EPA public comment policy, (e.g., VOCs or PM–10) may have the Limit on Premises-wide Actual information about CBI or multimedia incidental effect of limiting certain Emissions Below 50% of Title V submissions, and general guidance on HAPs listed pursuant to section 112(b) Thresholds, effective September 24, making effective comments, please visit of the Clean Air Act (CAA or the Act). 2020, and RCSA section 22a–174–33b, https://www.epa.gov/dockets/ As a legal matter, no additional program Limit on Premises-wide Actual commenting-epa-dockets. Publicly approval by the EPA is required beyond Emissions Below 80% of Title V available docket materials are available SIP approval under section 110 of the Thresholds, effective September 24, at https://www.regulations.gov or at the CAA in order for these criteria pollutant 2020, under Section 112 of the CAA. U.S. Environmental Protection Agency, limits to be recognized as federally enforceable. However, section 112 of the II. Evaluation Under Section 110 of the EPA Region 1 Regional Office, Air and Clean Air Act Radiation Division, 5 Post Office Act provides the underlying authority Square—Suite 100, Boston, MA. EPA for controlling all HAP emissions, The State of Connecticut’s principal requests that if at all possible, you regardless of their relationship to purpose in issuing RCSA sections 22a– contact the contact listed in the FOR criteria pollutant controls. 174–33a and 22a–174–33b is to have a federally and practicably enforceable FURTHER INFORMATION CONTACT section to In a letter dated December 21, 2020, schedule your inspection. The Regional Connecticut DEEP also requested that means of expeditiously restricting Office’s official hours of business are EPA approve RCSA sections 22a–174– sources’ potential and actual emissions Monday through Friday, 8:30 a.m. to 33a and 22a–174–33b under section of air pollutants, such that those eligible sources would no longer be required to 4:30 p.m., excluding legal holidays and 112(l) of the CAA, as the regulations comply with reasonably available facility closures due to COVID–19. relate to HAPs. As noted earlier, RCSA sections 22a–174–33a and 22a–174–33b control technology (RACT) that would FOR FURTHER INFORMATION CONTACT: are designed to limit air pollutant otherwise apply to major stationary Susan Lancey, Air Permits, Toxics and emissions from major stationary sources sources, title V operating permit Indoor Programs Branch, U.S. to below major stationary source requirements, or other requirements that Environmental Protection Agency, EPA thresholds by including legally and only apply to major stationary sources. Region 1, 5 Post Office Square—Suite practicably enforceable restrictions on The operating permit provisions in title 100, (Mail code 05–2), Boston, MA potential and actual emissions. V of the Clean Air Act Amendments of 02109–3912, telephone 617–918–1656, On April 24, 2017 in the Federal 1990 created interest in mechanisms for email [email protected]. Register, EPA approved Connecticut’s limiting sources’ potential to emit, SUPPLEMENTARY INFORMATION: General Permit to Limit Potential to thereby allowing eligible sources to Throughout this document whenever Emit issued on November 9, 2015 avoid being defined as ‘‘major’’ with ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean (GPLPE). See 82 FR 18868. The GPLPE respect to title V operating permit EPA. expired on November 8, 2020. The programs. Please note, however, that a Table of Contents GPLPE was a general permit designed to source that is eligible for coverage under limit air pollutant emissions from major RCSA sections 22a–174–33a and 22a– I. Background and Purpose stationary sources to below major source 174–33b may still need a title V II. Evaluation Under Section 110 of the Clean thresholds by including legally and operating permit if EPA promulgates a Air Act practicably enforceable permit National Emissions Standard for III. Evaluation Under Section 112 of the Clean Air Act restrictions on potential and actual Hazardous Air Pollutants (NESHAP) or IV. Proposed Action emissions. Connecticut adopted new a New Source Performance Standard V. Incorporation by Reference RCSA sections 22a–174–33a and 22a– (NSPS) which require non-major VI. Statutory and Executive Order Reviews 174–33b as a replacement program for sources to obtain a title V permit. the GPLPE, as opposed to a renewal of Connecticut’s RCSA sections 22a– I. Background and Purpose the GPLPE, in order to avoid a lapse in 174–33a and 22a–174–33b require the In a letter dated October 26, 2020, the federal enforceability of the applicable owner or operator committing to operate Connecticut Department of Energy and requirements. Therefore, RCSA sections pursuant to the applicable regulation to Environmental Protection (DEEP) 22a–174–33a and 22a–174–33b are submit a notification on forms submitted a formal revision to its State intended to replace the GPLPE as a prescribed by the Commissioner. The Implementation Plan (SIP). The SIP means of limiting a source’s potential to owner or operator is required to keep revision consists of Regulations of emit to below major stationary source records that include, among other Connecticut State Agencies (RCSA) thresholds. things, calculation of a source’s actual section 22a–174–33a, Limit on EPA’s review of this material emissions of regulated air pollutants Premises-wide Actual Emissions Below indicates the regulations satisfy the and a detailed description of the 50% of Title V Thresholds, effective criteria necessary for EPA’s approval as methodology used to calculate those September 24, 2020, and RCSA section a SIP revision under section 110 of the actual emissions. The methodology used 22a–174–33b, Limit on Premises-wide CAA and satisfy the criteria necessary to by an eligible source must be selected Actual Emissions Below 80% of Title V be approved under Section 112 of the from a preferential hierarchy of Thresholds, effective September 24, CAA. EPA is proposing to approve the methodologies explicitly identified in 2020, as the regulations relate to criteria Connecticut SIP revision consisting of the regulations. Under RCSA section

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22a–174–33a, facilities may commit to limitations on the potential to emit of Thresholds, effective September 24, be limited to emissions less than 50% HAPs. Approval under CAA section 2020, as a revision to the State’s SIP of the title V operating permit program 112(l) is necessary because the SIP with respect to criteria pollutants and is thresholds for a major source; or, approval discussed above, pursuant to separately proposing to approve the alternatively, under RCSA section 22a– section 110 of the Act, does not extend regulations under section 112(l) of the 174–33b, certain specified source to HAPs. Approval pursuant to section Act with respect to HAPs. EPA is categories may commit to be limited to 112(l) of the Act will render RCSA proposing to approve Connecticut’s emissions up to, but no more than, 80% sections 22a–174–33a and 22a–174–33b request in accordance with the of the title V operating permit program federally enforceable for sources of requirements of sections 110 and 112 of thresholds for a major stationary source HAPs. the CAA. provided the owner or operator In order for EPA to approve EPA is soliciting public comments on conducts the additional specified Connecticut’s RCSA sections 22a–174– the issues discussed in this notice or on monitoring and any other additional 33a and 22a–174–33b for limiting the other relevant matters. These comments requirements required by RCSA 22a– potential to emit of HAPs, the will be considered before taking final 174–33b for the relevant source regulations must meet the statutory action. Interested parties may category. criteria for approval under section participate in the Federal rulemaking Connecticut’s RCSA sections 22a– 112(l)(5) of the Act. In a July 10, 1996 procedure by submitting written 174–33a and 22a–174–33b contain Federal Register notice EPA revised 40 comments to this proposed rule by emissions limitations, requirements for CFR part 63, subpart E, to provide for following the instructions listed in the the source to calculate actual emissions, approval of programs designed to limit ADDRESSES section of this Federal recordkeeping requirements, and sources’ potential to emit HAPs under Register. require subject sources to submit an the authority of section 112(l) of the V. Incorporation by Reference annual compliance certification. CAA. A state must demonstrate that it Additionally, as noted above, RCSA has satisfied the general approval In this rule, the EPA is proposing to section 22a–174–33b provides enhanced criteria contained in 40 CFR 63.91(d). include in a final EPA rule regulatory monitoring requirements for specific The process of providing ‘‘up-front text that includes incorporation by source categories at premises operating approval’’ assures that a state has met reference. In accordance with according to section 22a–174–33b the criteria in section 112(l)(5) of the requirements of 1 CFR 51.5, the EPA is which limits a source’s potential and CAA (as codified in 40 CFR 63.91(d)). proposing to incorporate by reference actual emissions up to, but to no more That is, that the state has demonstrated the Connecticut regulations to limit than, 80% of the title V operating permit that its program contains adequate premises-wide actual and potential program thresholds for a major source. authorities to assure compliance with emissions from major stationary sources This approach was developed in each applicable Federal requirement, of air pollution as discussed in section accordance with an EPA guidance adequate resources for implementation, IV. of this preamble. The EPA has made, document entitled ‘‘Options for and an expeditious compliance and will continue to make, these Limiting Potential to Emit of a schedule. To the extent that these have documents generally available through Stationary Source under Section 112 already been satisfied through a title V https://www.regulations.gov and at the and Title V of the Clean Air Act,’’ issued program approval, a state need not EPA Region 1 Office (please contact the by John Seitz, Office of Air Quality resubmit information demonstrating person identified in the FOR FURTHER Planning and Standards to EPA Air that it meets the general approval INFORMATION CONTACT section of this Division Directors, dated January 25, criteria in 40 CFR 63.91(d). Therefore, preamble for more information). 1 under 40 CFR 63.91(d)(3), interim or 1995. This guidance outlines various VI. Statutory and Executive Order final title V operating permit program approaches to establishing federally- Reviews enforceable mechanisms to limit approval satisfies the criteria set forth in emissions from sources that wish to 40 CFR 63.91(d) for ‘‘up-front Under the Clean Air Act, the limit potential emissions to below major approval.’’ On May 13, 2002, EPA Administrator is required to approve a source levels. Connecticut’s RCSA 22a– granted full approval of Connecticut’s SIP submission that complies with the 174–33a and 22a–174–33b satisfy the title V operating permit program. See 67 provisions of the Act and applicable criteria necessary for EPA’s approval as FR 31966. In addition, Connecticut’s Federal regulations. 42 U.S.C. 7410(k); a SIP revision under section 110 of the regulations contain legally and 40 CFR 52.02(a). Thus, in reviewing SIP CAA. The regulations contain legally practicably enforceable restrictions on submissions, EPA’s role is to approve enforceable limitations on emissions potential and actual emissions. state choices, provided that they meet that are also federally and practicably Accordingly, the EPA is proposing to the criteria of the Clean Air Act. enforceable. approve RCSA sections 22a–174–33a Accordingly, this proposed action and 22a–174–33b pursuant to 40 CFR merely approves state law as meeting III. Evaluation Under Section 112 of the part 63, subpart E and section 112(l) of Federal requirements and does not Clean Air Act the Act because the program meets the impose additional requirements beyond The state of Connecticut has also applicable approval criteria in section those imposed by state law. For that requested approval of RCSA sections 112(l)(5) of the Act and 40 CFR 63.91. reason, this proposed action: • Is not a significant regulatory action 22a–174–33a and 22a–174–33b under IV. Proposed Action section 112(l) of the Act for the purpose subject to review by the Office of of creating federally enforceable EPA is proposing to approve Management and Budget under Connecticut’s RCSA section 22a–174– Executive Orders 12866 (58 FR 51735, 1 See ‘‘Options for Limiting Potential to Emit of 33a, Limit on Premises-wide Actual October 4, 1993) and 13563 (76 FR 3821, a Stationary Source under Section 112 and Title V Emissions Below 50% of Title V January 21, 2011); of the Clean Air Act,’’ issued by John Seitz, Office Thresholds, effective September 24, • Is not expected to be an Executive of Air Quality Planning and Standards to EPA Air Division Directors, dated January 25, 1995. https:// 2020, and RCSA section 22a–174–33b, Order 13771 regulatory action because www.epa.gov/sites/production/files/2015-07/ Limit on Premises-wide Actual this action is not significant under documents/ptememo.pdf. Emissions Below 80% of Title V Executive Order 12866;

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• Does not impose an information • Is not a significant regulatory action Indian country, the rule does not have collection burden under the provisions subject to Executive Order 13211 (66 FR tribal implications and will not impose of the Paperwork Reduction Act (44 28355, May 22, 2001); substantial direct costs on tribal U.S.C. 3501 et seq.); • Is not subject to requirements of governments or preempt tribal law as • Is certified as not having a Section 12(d) of the National specified by Executive Order 13175 (65 significant economic impact on a Technology Transfer and Advancement FR 67249, November 9, 2000). substantial number of small entities Act of 1995 (15 U.S.C. 272 note) because List of Subjects in 40 CFR Part 52 under the Regulatory Flexibility Act (5 application of those requirements would U.S.C. 601 et seq.); be inconsistent with the Clean Air Act; Environmental protection, Air • Does not contain any unfunded and pollution control, Carbon monoxide, mandate or significantly or uniquely • Does not provide EPA with the Incorporation by reference, affect small governments, as described discretionary authority to address, as Intergovernmental relations, Lead, in the Unfunded Mandates Reform Act appropriate, disproportionate human Nitrogen dioxide, Ozone, Particulate of 1995 (Pub. L. 104–4); health or environmental effects, using matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile • Does not have federalism practicable and legally permissible organic compounds. implications as specified in Executive methods, under Executive Order 12898 Order 13132 (64 FR 43255, August 10, (59 FR 7629, February 16, 1994). Dated: February 3, 2021. 1999); In addition, the SIP is not approved Deborah Szaro, • Is not an economically significant to apply on any Indian reservation land Acting Regional Administrator, EPA Region regulatory action based on health or or in any other area where EPA or an 1. safety risks subject to Executive Order Indian tribe has demonstrated that a [FR Doc. 2021–02537 Filed 2–5–21; 8:45 am] 13045 (62 FR 19885, April 23, 1997); tribe has jurisdiction. In those areas of BILLING CODE 6560–50–P

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Notices Federal Register Vol. 86, No. 24

Monday, February 8, 2021

This section of the FEDERAL REGISTER Agriculture, (202) 720–2707. Copies of estimated that damages sum to an contains documents other than rules or this information collection and related annual cost of about $40 million. The proposed rules that are applicable to the instructions can be obtained without findings from this survey can be found public. Notices of hearings and investigations, charge from David Hancock, NASS— at https://digitalcommons.unl.edu/cgi/ committee meetings, agency decisions and OMB Clearance Officer, at (202) 690– viewcontent.cgi?article=3249& rulings, delegations of authority, filing of _ petitions and applications and agency 2388 or at [email protected]. context=icwdm usdanwrc. statements of organization and functions are SUPPLEMENTARY INFORMATION: In 2019 the survey was conducted in examples of documents appearing in this Title: Feral Swine Survey. 12 States: Alabama, Arkansas, section. OMB Control Number: 0535–0256. California, Florida, Georgia, Louisiana, Type of Request: Intent to Seek Mississippi, Missouri, North Carolina, Approval to Revise and Extend an Oklahoma, South Carolina, and Texas. DEPARTMENT OF AGRICULTURE Information Collection for three Years. The operators in 11 of the States will be Abstract: On Feb 3, 1999, Executive selected from operations that recently National Agricultural Statistics Service Order 13112 was signed, establishing produced hay/haylage, tree nuts, the National Invasive Species Council. melons, sugar cane, sweet potatoes, or Notice of Intent To Request Revision This Executive Order requires that a cotton. In California, operators will be and Extension of a Currently Approved Council of Departments dealing with selected from operations that produced Information Collection invasive species be created. This Order hay/haylage, tree nuts, grapes, sod, AGENCY: National Agricultural Statistics was enhanced by Executive Order 13751 carrots, lettuce, or strawberries. APHIS Service, USDA. which was signed on Dec. 5, 2016. Wildlife Services extrapolated crop ACTION: Notice and request for Currently there are 16 Departments and damage estimates to the state-level in 12 comments. Agencies on the Council. https:// states with reportable damage yielded www.doi.gov/invasivespecies/about- an estimated crop loss of $272 million/ SUMMARY: In accordance with the nisc. yr. The findings from this survey can be Paperwork Reduction Act of 1995, this On April 2, 2014 the USDA kicked off found at https:// notice announces the intent of the a national effort to reduce the digitalcommons.unl.edu/cgi/view National Agricultural Statistics Service devastating damage caused by feral content.cgi?article=3308 (NASS) to request revision and swine. In 2015 the benchmark survey &context=icwdm_usdanwrc. extension of a currently approved was conducted in 11 States (Alabama, In 2021, this survey will be conducted information collection to comply with a Arkansas, California, Florida, Georgia, in the following 13 States: Alabama, mandate in the 2014 Farm Bill. (. . . the Louisiana, Mississippi, Missouri, North Arkansas, California, Florida, Georgia, Secretary of Agriculture should Carolina, South Carolina, and Texas) to Louisiana, Mississippi, Missouri, North recognize the threat feral swine pose to measure the amount of damage feral Carolina, Oklahoma, South Carolina, the domestic swine population and the hogs caused to specific crops in these Tennessee, and Texas, to measure the entire agriculture industry . . .). states. The target population within damage to livestock that is associated DATES: Comments on this notice must be these states consisted of farm operations with the presence of feral swine. These received by April 9, 2021 to be assured who have historically produced one or States were chosen because they had of consideration. more of the following crops: Corn, high feral swine densities and a ADDRESSES: You may submit comments, soybeans, wheat, rice, peanuts, or significant presence of cattle (dairy and/ identified by docket number 0535–0256, sorghum (Texas only). The results of or beef), hogs, sheep and/or goats. by any of the following methods: this benchmark survey shows that in the The Animal and Plant Health • Email: [email protected]. 11 surveyed States, there was damage to Inspection Service (APHIS), Wildlife Include docket number above in the an estimated $190 million in crops for Services’ (WS) National Wildlife subject line of the message. the six target crops. The published Research Center (NWRC) is the only • EFax: (855) 838–6382. findings from this benchmark survey Federal research organization devoted • Mail: Mail any paper, disk, or CD– can be found at http:// exclusively to resolving conflicts ROM submissions to: David Hancock, www.sciencedirect.com/science/article/ between people and wildlife through NASS Clearance Officer, U.S. pii/S0261219416301557. the development of effective, selective, Department of Agriculture, Room 5336 In 2017, this survey was conducted in and socially responsible methods, tools, South Building, 1400 Independence the following 13 States: Alabama, and techniques. As increased Avenue SW, Washington, DC 20250– Arkansas, California, Florida, Georgia, urbanization leads to a loss of 2024. Louisiana, Mississippi, Missouri, North traditional wildlife habitat, the potential • Hand Delivery/Courier: Hand Carolina, Oklahoma, South Carolina, for conflicts between people and deliver to: David Hancock, NASS Tennessee, and Texas, to measure the wildlife increases. Such conflicts can Clearance Officer, U.S. Department of damage to livestock that is associated take many forms, including property Agriculture, Room 5336 South Building, with the presence of feral swine. These and natural resource damage, human 1400 Independence Avenue SW, States were chosen because they had health and safety concerns, and disease Washington, DC 20250–2024. high feral swine densities and a transmission among wildlife, livestock, FOR FURTHER INFORMATION CONTACT: significant presence of cattle, hogs, and humans. Kevin L. Barnes, Associate sheep and/or goats. When extrapolated Free-ranging populations of feral Administrator, National Agricultural to livestock producers across the 13- swine exist in at least 35 states, and the Statistics Service, U.S. Department of state region, APHIS Wildlife Services nationwide population is estimated at

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approximately 6 million animals. Feral Comments: Comments are invited on: SUPPLEMENTARY INFORMATION: Members swine damage: Pastures, agricultural (a) Whether the proposed collection of of the public can listen to the crops, lawns, landscaping, and natural information is necessary for the proper discussion. This meeting is available to areas due to feeding, rooting, wallowing, performance of the functions of the the public through the above listed toll- grazing, and trampling activities. Feral agency, including whether the free number. An open comment period swine are reservoirs of many diseases information will have practical utility; will be provided to allow members of and act as a host to parasites that can (b) the accuracy of the agency’s estimate the public to make a statement as time negatively impact agricultural animals, of the burden of the proposed collection allows. Callers can expect to incur especially swine. of information including the validity of regular charges for calls they initiate Authority: These data will be the methodology and assumptions used; over wireless lines, according to their collected under the authority of 7 U.S.C. (c) ways to enhance the quality, utility, wireless plan. The Commission will not 2204(a). The eradication of feral swine and clarity of the information to be refund any incurred charges. Callers is authorized by the Animal Health collected; and (d) ways to minimize the will incur no charge for calls they Protection Act (Title 7 U.S.C. 8301 et burden of the collection of information initiate over land-line connections to seq.) and the 2014 Farmbill. The $20 on those who are to respond, including million program aims to help states deal through the use of appropriate the toll-free telephone number. Persons with a rapidly expanding population of automated, electronic, mechanical, with hearing impairments may also invasive feral swine. technological or other forms of follow the proceedings by first calling Individually identifiable data information technology collection the Federal Relay Service at 1–800–877– collected under this authority are methods. 8339 and providing the Service with the governed by Section 1770 of the Food All responses to this notice will conference call number and conference Security Act of 1985, as amended, 7 become a matter of public record and be ID number. U.S.C. 2276, which requires USDA to summarized in the request for OMB Members of the public are also afford strict confidentiality to non- approval. entitled to submit written comments; aggregated data provided by the comments must be received in the respondents. This Notice is submitted in Signed at Washington, DC, January 29, 2021. accordance with the Paperwork regional office within 30 days following Reduction Act of 1995 Public Law 104– Kevin L. Barnes, the meeting. Written comments may be 13 (44 U.S.C. 3501, et seq.) and Office Associate Administrator. emailed to Melissa Wojnaroski at of Management and Budget regulations [FR Doc. 2021–02487 Filed 2–5–21; 8:45 am] [email protected] in the Regional at 5 CFR part 1320. BILLING CODE 3410–20–P Program Unit Office/Advisory NASS also complies with OMB Committee Management Unit. Persons Implementation Guidance, who desire additional information may ‘‘Implementation Guidance for Title V contact the Regional Programs Unit of the E-Government Act, Confidential COMMISSION ON CIVIL RIGHTS Office at 202–618–4158. Information Protection and Statistical Notice of Public Meeting of the Georgia Records generated from this meeting Efficiency Act of 2002 (CIPSEA),’’ may be inspected and reproduced at the Federal Register, Vol. 72, No. 115, June Advisory Committee to the U.S. Commission on Civil Rights Regional Programs Unit Office, as they 15, 2007, p. 33362. become available, both before and after Estimate of Burden: Reporting burden AGENCY: U.S. Commission on Civil the meeting. Records of the meeting will for this collection of information is Rights. estimated to average 30 minutes per be available via https:// ACTION: response. This was determined by our Announcement of meeting. www.facadatabase.gov under the Commission on Civil Rights, Georgia Survey Methodologists, who conducted SUMMARY: Notice is hereby given, Advisory Committee link. Persons 19 cognitive interviews in seven states. pursuant to the provisions of the rules interested in the work of this Committee They also took into account the and regulations of the U.S. Commission are also directed to the Commission’s projected number of farmers who will on Civil Rights (Commission) and the website, http://www.usccr.gov, or may skip some sections of the questionnaire Federal Advisory Committee Act that due to the presence or absence of the Georgia Advisory Committee contact the Regional Programs Unit damage due to feral swine. NASS will (Committee) will hold a meeting via office at the above email or phone be utilizing several pieces of publicity web conference on Tuesday, March 23, number. and informational materials to 2021, at 12:00 p.m. Eastern Time for Agenda encourage respondents to participate in reviewing testimony regarding civil this important survey. Publicity asset forfeiture and preparing for Welcome and Roll Call materials and instruction sheets will additional hearing(s). account for 10 minutes of additional Discussion: Civil Rights in Georgia DATES: The meeting will be held on burden per respondent. Respondents (Civil Asset Forfeiture) Tuesday, March 23, 2021 at 12:00 p.m. who refuse to complete a survey will be Public Comment Eastern Time. allotted 2 minutes of burden per attempt Public Access Information: Register Adjournment to collect the data. NASS will conduct the survey online (audio/visual): https://bit.ly/ Dated: February 3, 2021. initially by mail and then followed up 2O0vOrr. David Mussatt, Join by phone (audio only): with phone attempts for non-response. Supervisory Chief, Regional Programs Unit. • 800–360–9505 USA Toll Free Respondents: Farm and Ranch • [FR Doc. 2021–02534 Filed 2–5–21; 8:45 am] Operators. Access code: 199 508 2605 BILLING CODE P Estimated Annual Number of FOR FURTHER INFORMATION CONTACT: Respondents: 18,000. Melissa Wojnaroski, DFO, at Estimated Total Annual Burden on [email protected] or 202–618– Respondents: 9,700 hours. 4158.

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COMMISSION ON CIVIL RIGHTS Records generated from this meeting email to [email protected]. may be inspected and reproduced at the Please reference Generic Clearance for Notice of Public Meeting of the Georgia Regional Programs Unit Office, as they Emergency Economic Information Advisory Committee to the U.S. become available, both before and after Collections in the subject line of your Commission on Civil Rights the meeting. Records of the meeting will comments. You may also submit be available via https:// comments, identified by Docket Number AGENCY: U.S. Commission on Civil www.facadatabase.gov under the USBC–2021–0003, to the Federal Rights. Commission on Civil Rights, Georgia e-Rulemaking Portal: http:// ACTION: Announcement of meeting. Advisory Committee link. Persons www.regulations.gov. All comments SUMMARY: Notice is hereby given, interested in the work of this Committee received are part of the public record. pursuant to the provisions of the rules are also directed to the Commission’s No comments will be posted to http:// and regulations of the U.S. Commission website, http://www.usccr.gov, or may www.regulations.gov for public viewing on Civil Rights (Commission) and the contact the Regional Programs Unit until after the comment period has Federal Advisory Committee Act that office at the above email or phone closed. Comments will generally be the Georgia Advisory Committee number. posted without change. All Personally Identifiable Information (for example, (Committee) will hold a briefing via web Agenda conference on Wednesday, March 10, name and address) voluntarily Welcome and Roll Call 2021, at 2:00 p.m. Eastern Time for the submitted by the commenter may be Discussion: Civil Rights in Georgia purpose of gathering testimony on civil publicly accessible. Do not submit (Civil Asset Forfeiture) asset forfeiture in Georgia. Confidential Business Information or Public Comment otherwise sensitive or protected DATES: The meeting will be held on Adjournment information. You may submit Wednesday, March 10, 2021 at 2:00 p.m. attachments to electronic comments in Eastern Time. Dated: February 3, 2021. David Mussatt, Microsoft Word, Excel, or Adobe PDF Public Access Information: Register file formats. online: https://bit.ly/2YAYcm0. Supervisory Chief, Regional Programs Unit. FOR FURTHER INFORMATION CONTACT: Join by phone: [FR Doc. 2021–02533 Filed 2–5–21; 8:45 am] Requests for additional information or • 800–360–9505 USA Toll Free BILLING CODE 6335–01–P • Access code: 199 287 8225 specific questions related to collection activities should be directed to Lisa FOR FURTHER INFORMATION CONTACT: Donaldson, Chief, Economic DEPARTMENT OF COMMERCE Melissa Wojnaroski, DFO, at Management Division, (301)763–7296, [email protected] or 202–618– and [email protected]. 4158. Census Bureau SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION: Members Agency Information Collection of the public can listen to the Activities; Submission to the Office of I. Abstract discussion. This meeting is available to Management and Budget (OMB) for The U.S. Census Bureau plans to the public through the above listed toll- Review and Approval; Comment request Office of Management and free number or online registration link. Request; Generic Clearance for Budget (OMB) approval for a 3-year An open comment period will be Emergency Economic Information period, for a new Generic Information provided to allow members of the Collections Collection that provides the quick turn- public to make a statement as time around necessary for conducting allows. Callers can expect to incur AGENCY: Census Bureau, Commerce. emergency economic information regular charges for calls they initiate ACTION: Notice of Information collections (EEIC) in response to over wireless lines, according to their Collection, request for comment. unanticipated international, national or wireless plan. The Commission will not regional emergencies having a SUMMARY: refund any incurred charges. Callers The Department of significant economic impact on will incur no charge for calls they Commerce, in accordance with the businesses and/or state or local initiate over land-line connections to Paperwork Reduction Act (PRA) of governments. The purpose of the the toll-free telephone number. Closed 1995, invites the general public and collections will be to gauge and monitor captions will be provided. Individuals other Federal agencies to comment on the economic impact of such events on who are deaf, deafblind, or hard of proposed and continuing information U.S. businesses and organizations. hearing may also follow the proceedings collections, which helps us assess the The Coronavirus pandemic, in by first calling the Federal Relay Service impact of our information collection addition to having devastating effects on at 1–800–877–8339 and providing the requirements and minimizes the the health and wellbeing of the global Service with the conference call number public’s reporting burden. The purpose population, has had a profound effect and conference ID number. of this notice is to allow for 60 days of on the world economy. The Census Members of the public are entitled to public comment on the proposed new Bureau, in carrying out its mission to submit written comments; the information collection, Generic serve as the nation’s leading provider of comments must be received in the Clearance for Emergency Economic quality data about its people and regional office within 30 days following Information Collections, prior to the economy, has sought to measure the the meeting. Written comments may be submission of the information collection effect on U.S. businesses through emailed to Melissa Wojnaroski at request (ICR) to OMB for approval. supplemental questions added to [email protected] in the Regional DATES: To ensure consideration, several of its recurring business surveys Program Unit Office/Advisory comments regarding this proposed and a new survey meant to measure the Committee Management Unit. Persons information collection must be received effect of the pandemic on businesses. who desire additional information may on or before April 9, 2021. Due to the need to collect data on a contact the Regional Programs Unit ADDRESSES: Interested persons are timely basis, the Census Bureau Office at 202–618–4158. invited to submit written comments by submitted these requests to the Office of

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Management and Budget under the making during the emergency; business including the validity of the emergency processing provisions of the leaders and policymakers wishing to methodology and assumptions used; (c) Paperwork Reduction Act (PRA). develop plans to ameliorate the effects Evaluate ways to enhance the quality, Although that process allowed us to of the emergency; academics and utility, and clarity of the information to implement the collections in a timely members of the press wishing to study be collected; and (d) Minimize the manner, information collections cleared and disseminate information about the reporting burden on those who are to under the emergency processing emergency; and the public. The data respond, including the use of automated provisions of the PRA are limited to a collected would help us understand collection techniques or other forms of 6-month clearance period. This how and why data we collect in our information technology. hampered our efforts to collect data on ongoing surveys may be affected by the Comments that you submit in an ongoing basis as the Pandemic emergency, as well as allow us to response to this notice are a matter of continued throughout 2020 and beyond. disseminate data as part of existing public record. We will include, or We believe that a generic clearance will releases, new releases, or experimental summarize, each comment in our benefit the Census Bureau, the reporting releases. request to OMB to approve this ICR. public, and the many stakeholders who II. Method of Collection Before including your address, phone will have great need for information number, email address, or other during times of future unanticipated EEIC questions may be included as personal identifying information in your events. supplemental questions on existing comment, you should be aware that Procedurally, the generic clearance Census Bureau surveys or conducted as your entire comment—including your will operate in the following manner: new surveys. The data will be collected personal identifying information—may The Census Bureau will first obtain by paper or electronic instruments, be made publicly available at any time. OMB clearance under the regular depending on the survey or program. While you may ask us in your comment processing provisions of the PRA for the III. Data to withhold your personal identifying initial generic clearance. The clearance information from public review, we request will define the scope and overall OMB Control Number: 0607–XXXX. cannot guarantee that we will be able to Form Number(s): None. burden of information collections to be do so. conducted under the generic clearance. Type of Review: Regular submission, As future triggering emergencies arise, Regular Submission, New Information Sheleen Dumas, the Census Bureau will submit quick Collection Request. Department PRA Clearance Officer, Office of turnaround requests to OMB which will Affected Public: Business or other for- the Chief Information Officer, Commerce document the circumstances requiring profit organizations; Not-for-profit Department. the EEIC and will include the specific institutions; State, Local, or Tribal [FR Doc. 2021–02565 Filed 2–5–21; 8:45 am] question(s) to be asked. The questions government. BILLING CODE 3510–07–P will be chosen from a pretested bank of Estimated Number of Respondents: questions. The question bank will be 300,000. Estimated Time per Response: 10 DEPARTMENT OF COMMERCE submitted to OMB for approval along minutes. with the initial generic clearance Estimated Total Annual Burden Census Bureau request. The Census Bureau will ask Hours: 50,000. that OMB review and act on requests for Estimated Total Annual Cost to Agency Information Collection individual EEIC’s within 72 hours. Public: $0 (This is not the cost of Activities; Submission to the Office of Information collections conducted respondents’ time, but the indirect costs Management and Budget (OMB) for under the generic clearance will last a respondents may incur for such things Review and Approval; Comment maximum of 6 months. A new quick as purchases of specialized software or Request; National Survey of Children’s turnaround request may be submitted hardware needed to report, or Health under the generic clearance if the expenditures for accounting or records The Department of Commerce will Census Bureau determines the need to maintenance services required submit the following information continue the collection past 6 months. specifically by the collection.) collection request to the Office of Events that could trigger the need for Respondent’s Obligation: EEIC Management and Budget (OMB) for an EEIC may have global, national, or questions appearing on a voluntary review and clearance in accordance regional impact and may include: collection would be voluntary. EEIC with the Paperwork Reduction Act of —Pandemic or other health emergency questions appearing on a mandatory 1995, on or after the date of publication —Natural or manmade disaster collection would be mandatory. When of this notice. We invite the general —New legislation an EEIC is conducted as a new survey, public and other Federal agencies to —Economic crisis that survey will be voluntary. comment on proposed, and continuing As mentioned above, the Census Legal Authority: EEIC collections are information collections, which helps us Bureau is developing and cognitively authorized under Title 13 U.S.C., assess the impact of our information testing a question bank it will utilize to Sections 131, 161, 182, and 196. create EEICs. The question bank may, collection requirements and minimize for some subjects, include specific IV. Request for Comments the public’s reporting burden. Public questionnaire content. In other cases, We are soliciting public comments to comments were previously requested the bank may include topics which will permit the Department/Bureau to: (a) via the Federal Register on November then be addressed with questions Evaluate whether the proposed 10, 2020 during a 60-day comment developed to meet data needs that arise information collection is necessary for period. This notice allows for an during a future unknown event. the proper functions of the Department, additional 30 days for public comments. As data collections will be tailored to including whether the information will Agency: U.S. Census Bureau. the emergency, users of the data may have practical utility; (b) Evaluate the Title: National Survey of Children’s vary, but may include: Federal, state, or accuracy of our estimate of the time and Health. local officials charged with decision- cost burden for this proposed collection, OMB Control Number: 0607–0990

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Form Number(s): NSCH–S1 (English increasing survey response and Department of Commerce collections Screener), NSCH–T1 (English Topical reducing nonresponse bias. The 2021 currently under review by OMB. for 0- to 5-year-old children), NSCH–T2 NSCH will test a $10 cash incentive, Written comments and (English Topical for 6- to 11-year-old with a focus on lower responding recommendations for the proposed children), NSCH–T3 (English Topical households. information collection should be for 12- to 17-year-old children), NSCH– As in prior cycles of the NSCH, there submitted within 30 days of the S–S1 (Spanish Screener), NSCH–S–T1 remain two key, non-experimental publication of this notice on the (Spanish Topical for 0- to 5-year-old design elements. The first additional following website www.reginfo.gov/ children), NSCH–S–T2 (Spanish Topical non-experimental design element is a $5 public/do/PRAMain. Find this for 6- to 11-year-old children), and screener cash incentive mailed to 90% particular information collection by NSCH–S–T3 (Spanish Topical for 12- to of sampled addresses; the remaining selecting ‘‘Currently under 30-day 17-year-old children). 10% (the control) will receive no Review—Open for Public Comments’’ or Type of Request: Regular submission, incentive to monitor the effectiveness of by using the search function and Request for a Revision of a Currently the cash incentive. This incentive is entering either the title of the collection Approved Collection. designed to increase response and or the OMB Control Number 0607–0990. Number of Respondents: 64,160 for reduce nonresponse bias. The incentive Sheleen Dumas, the screener only and 50,658 for the amount was chosen based on the results combined screener and topical, for a of the 2020 NSCH as well as funding Department PRA Clearance Officer, Office of total of 114,818 respondents. the Chief Information Officer, Commerce availability. The second additional non- Department. Average Hours per Response: 5 experimental design element is a data [FR Doc. 2021–02493 Filed 2–5–21; 8:45 am] minutes per screener response and 35– collection procedure based on the block 36 minutes per topical response, which group-level paper-only response BILLING CODE 3510–07–P in total is approximately 40–41 minutes probability used to identify households for households with eligible children. (30% of the sample) that would be more Burden Hours: 39,400. DEPARTMENT OF COMMERCE Needs and Uses: The National Survey likely to respond by paper and send of Children’s Health (NSCH) enables the them a paper questionnaire in either the Bureau of the Census Maternal and Child Health Bureau initial mailing or first nonresponse (MCHB) of the Health Resources and follow-up. Census Scientific Advisory Committee Affected Public: Individuals or Services Administration (HRSA) of the AGENCY: households. Bureau of the Census, U.S. Department of Health and Human Department of Commerce. Services (HHS) along with supplemental Frequency: The 2021 collection is the ACTION: Notice of public virtual meeting. sponsoring agencies, states, and other sixth administration of the NSCH. It is an annual survey, with a new sample data users to produce national and state- SUMMARY: The Bureau of the Census based estimates on the health and well- drawn for each administration. (Census Bureau) is giving notice of a being of children, their families, and Respondent’s Obligation: Voluntary. virtual meeting of the Census Scientific their communities as well as estimates Legal Authority: Census Authority: 13 Advisory Committee (CSAC). The of the prevalence and impact of children U.S.C. Section 8(b). Committee will address policy, with special health care needs. HRSA MCHB Authority: Title 42 research, and technical issues relating to Data will be collected using one of U.S.C. Section 701(a)(2). a full range of Census Bureau programs two modes. The first mode is a web United States Department of and activities, including decennial, instrument (Centurion) survey that Agriculture Authority: The Healthy, economic, field operations, information contains the screener and topical Hunger-Free Kids Act of 2010, Public technology, and statistics. Last minute instruments. The web instrument first Law 111–296. In particular, 42 U.S.C. changes to the schedule are possible, will take the respondent through the 1769d(a) authorizes USDA to conduct which could prevent giving advance screener questions. If the household research on the causes and public notice of schedule adjustments. screens into the study, the respondent consequences of childhood hunger Please visit the Census Advisory will be taken directly into one of the included in 1769d(a)(4)(B), the Committees website at http:// three age-based topical sets of questions. geographic dispersion of childhood www.census.gov/cac for the CSAC The second mode is a mailout/mailback hunger and food insecurity. meeting information, including the of a self-administered paper-and-pencil United States Department of Health agenda, and how to join the meeting. and Human Services’ Centers for interviewing (PAPI) screener instrument DATES: The virtual meeting will be held Disease Control and Prevention, followed by a separate mailout/mailback on: National Center on Birth Defects and of a PAPI age-based topical instrument. • The National Survey of Children’s Developmental Disabilities Authority: Thursday, March 18, 2021, from 11:00 Public Health Service Act, Section 301, a.m. to 5:00 p.m. EDT, and Health (NSCH) is a large-scale (sample • size is up to 300,000 addresses) national 42 U.S.C. 241. Friday, March 19, 2021, from 11:00 survey with up to 186,000 addresses United States Department of Health a.m. to 5:00 p.m. EDT included in the base production survey and Human Services’ Centers for ADDRESSES: The meeting will be held and approximately 114,000 addresses Disease Control and Prevention, via the WebEx platform at the following included as part of eight separate age- National Center for Chronic Disease presentation links: based, state-based, or region-based Prevention and Health Promotion • March 18, 2021: https:// oversamples. The 2021 NSCH will Authority: Sections 301(a), 307, and uscensus.webex.com/uscensus/ include a topical incentive test. Prior 399G of the Public Health Service [42 onstage/g.php?MTID=ee154a100916c cycles of the survey have included a $5 U.S.C. 241(a), 242l, and 280e-11], as 6d1a7e86cbb55d5762ac unconditional cash incentive with the amended. • March 19, 2021: https:// initial mailing of the paper topical This information collection request uscensus.webex.com/uscensus/ questionnaire. The incentive has proven may be viewed at www.reginfo.gov. onstage/g.php?MTID=e8cb3b9b59b to be a cost-effective intervention for Follow the instructions to view the c61507d29c4118d48c7a71

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For audio, please call the following 400.22) was received on February 1, subject to the existing activation limit of number: 1–888–843–6166 OR 1–517– 2021. FTZ 22, on behalf of Abbott 308–9473. When prompted, please use Bauer already has authority to Laboratories, in Itasca, Illinois. the following Password: @Census1, and produce pile drivers and leads, boring The application was processed in Passcode: 1641483. machinery, foundation construction accordance with the FTZ Act and FOR FURTHER INFORMATION CONTACT: equipment, stationary oil/gas drilling Regulations, including notice in the Shana Banks, Advisory Committee rigs, and related parts and assemblies Federal Register inviting public Branch Chief, Office of Program, within FTZ 265. The current request comment (85 FR 80770–80771, Performance and Stakeholder would add two finished products to the December 14, 2020). The FTZ staff Integration (PPSI), shana.j.banks@ scope of authority. Pursuant to 15 CFR examiner reviewed the application and census.gov, Department of Commerce, 400.14(b), additional FTZ authority determined that it meets the criteria for U.S. Census Bureau, telephone 301– would be limited to the specific finished approval. Pursuant to the authority 763–3815. For TTY callers, please use products described in the submitted delegated to the FTZ Board Executive the Federal Relay Service at 1–800–877– notification (as described below) and Secretary (15 CFR Sec. 400.36(f)), the 8339. subsequently authorized by the FTZ application to expand Subzone 22F was approved on February 1, 2021, subject SUPPLEMENTARY INFORMATION: The Board. Production under FTZ procedures to the FTZ Act and the Board’s Committee provides scientific and regulations, including Section 400.13, technical expertise to address Census could exempt Bauer from customs duty payments on the foreign-status and further subject to FTZ 22’s 2,000- Bureau program needs and objectives. acre activation limit. The members of the CSAC are materials/components used in export appointed by the Director of the Census production. On its domestic sales, for Dated: February 1, 2021. Bureau. The Committee has been the foreign-status materials/components Andrew McGilvray, established in accordance with the in the existing scope of authority, Bauer Executive Secretary. Federal Advisory Committee Act (Title would be able to choose the duty rates [FR Doc. 2021–02514 Filed 2–5–21; 8:45 am] 5, United States Code, Appendix 2, during customs entry procedures that BILLING CODE 3510–DS–P Section 10). apply to water well drilling rigs, and All meetings are open to the public. self-propelled water well drilling rigs A brief period will be set aside during (duty-free). Bauer would be able to DEPARTMENT OF COMMERCE the virtual meeting for public comments avoid duty on foreign-status on March 19, 2021. However, components which become scrap/waste. International Trade Administration individuals with extensive questions or Customs duties also could possibly be [A–570–137] statements must submit them in writing deferred or reduced on foreign-status to [email protected], (subject production equipment. Pentafluoroethane (R–125) From the line ‘‘2021 CSAC Spring Virtual Meeting Public comment is invited from People’s Republic of China: Initiation Public Comment’’). interested parties. Submissions shall be of Less-Than-Fair-Value Investigation Ron S. Jarmin, Acting Director, addressed to the Board’s Executive AGENCY: Enforcement and Compliance, Bureau of the Census, approved the Secretary and sent to: [email protected]. The closing period for their receipt is March International Trade Administration, publication of this Notice in the Federal Department of Commerce. Register. 22, 2021. A copy of the notification will be DATES: Applicable February 1, 2021. Dated: February 3, 2021. available for public inspection in the FOR FURTHER INFORMATION CONTACT: Sheleen Dumas, ‘‘Reading Room’’ section of the Board’s Benjamin A. Luberda or Alex Wood, Department PRA Clearance Officer, Office of website, which is accessible via AD/CVD Operations, Enforcement and the Chief Information Officer, Commerce www.trade.gov/ftz. Compliance, International Trade Department. For further information, contact Administration, U.S. Department of [FR Doc. 2021–02488 Filed 2–5–21; 8:45 am] Juanita Chen at [email protected] Commerce, 1401 Constitution Avenue BILLING CODE 3510–07–P or 202–482–1378. NW, Washington, DC 20230; telephone: Dated: February 2, 2021. (202) 482–2185 or (202) 482–1959, respectively. DEPARTMENT OF COMMERCE Andrew McGilvray, Executive Secretary. SUPPLEMENTARY INFORMATION: Foreign-Trade Zones Board [FR Doc. 2021–02515 Filed 2–5–21; 8:45 am] The Petition [B–05–2021] BILLING CODE 3510–DS–P On January 12, 2021, the U.S. Department of Commerce (Commerce) Foreign-Trade Zone (FTZ) 265— received an antidumping duty (AD) Conroe, Texas; Notification of DEPARTMENT OF COMMERCE petition concerning imports of Proposed Production Activity; Bauer pentafluoroethane (R–125) from the Manufacturing LLC, d/b/a NEORig Foreign-Trade Zones Board People’s Republic of China (China) filed (Water Well Drilling Rigs), Conroe, [S–217–2020] in proper form on behalf of Honeywell Texas International, Inc. (the petitioner), the Approval of Subzone Expansion; sole domestic producer of R–125.1 The The City of Conroe, grantee of FTZ Abbott Laboratories, Itasca, Illinois 265, submitted a notification of Petition was accompanied by a proposed production activity to the FTZ On December 8, 2020, the Executive countervailing duty (CVD) petition Board on behalf of Bauer Manufacturing Secretary of the Foreign-Trade Zones LLC, d/b/a/NEORig (Bauer), located in (FTZ) Board docketed an application 1 See Petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Conroe, Texas. The notification submitted by the Illinois International Duties: R–125 (Pentafluoroethane) from the People’s conforming to the requirements of the Port District, grantee of FTZ 22, Republic of China,’’ dated January 12, 2021 (the regulations of the FTZ Board (15 CFR requesting an expansion of Subzone 22F Petition) at Volume I and Exhibit I–1.

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concerning imports of R–125 from Period of Investigation 5:00 p.m. ET on March 4, 2021, which 2 China. Because China is a non-market is 10 calendar days from the initial 11 On January 14, 22, and 27, 2021, economy (NME) country, pursuant to 19 comment deadline. Commerce requested supplemental CFR 351.204(b)(1), the period of Commerce requests that any factual information pertaining to certain aspects investigation (POI) is July 1, 2020, information parties consider relevant to of the Petition in separate supplemental through December 31, 2020. the scope of the investigation be questionnaires and a phone call with submitted during this period. However, the petitioner.3 On January 19, 25, and Scope of the Investigation if a party subsequently finds that 28, 2021, the petitioner filed timely The product covered by this additional factual information responses to these requests for investigation is R–125 from China. For pertaining to the scope of the additional information.4 a full description of the scope of this investigation may be relevant, the party In accordance with section 732(b) of investigation, see the appendix to this may contact Commerce and request the Tariff Act of 1930, as amended (the notice. permission to submit the additional Act), the petitioner alleges that imports information. All scope submissions of R–125 from China are being, or are Comments on the Scope of the Investigation must be filed on the records of the likely to be, sold in the United States at concurrent AD and CVD investigations. less than fair value (LTFV) within the On January 14, 22, and 27, 2021, meaning of section 731 of the Act and Commerce requested further Filing Requirements that imports of such products are information from the petitioner All submissions to Commerce must be materially injuring, or threatening regarding the proposed scope to ensure filed electronically via Enforcement and material injury to, the domestic R–125 that the scope language in the Petition Compliance’s (E&C’s) Antidumping industry in the United States. Consistent is an accurate reflection of the products Duty and Countervailing Duty with section 732(b)(1) of the Act, the for which the domestic industry is Centralized Electronic Service System 6 Petition is accompanied by information seeking relief. On January 19 and 28, (ACCESS), unless an exception 7 reasonably available to the petitioner 2021, the petitioner revised the scope. applies.12 An electronically filed supporting the allegation. The description of the merchandise document must be received successfully Commerce finds that the petitioner covered by this investigation, as in its entirety by the time and date it is filed the Petition on behalf of the described in the appendix to this notice, due. domestic industry because the reflects these clarifications. petitioner is an interested party, as As discussed in the Preamble to Comments on Product Characteristics defined in section 771(9)(C) of the Act. Commerce’s regulations, we are setting Commerce is providing interested Commerce also finds that the petitioner aside a period for interested parties to demonstrated sufficient industry parties an opportunity to comment on raise issues regarding product coverage the appropriate physical characteristics support for the initiation of the (i.e., scope).8 Commerce will consider requested AD investigation.5 of R–125 to be reported in response to all comments received from interested Commerce’s AD questionnaires. This parties and, if necessary, will consult information will be used to identify the 2 Id. with interested parties prior to the 3 key physical characteristics of the See Commerce’s Letters, ‘‘Petition for the issuance of the preliminary Imposition of Antidumping Duties on Imports of subject merchandise in order to report Pentafluoroethane (R–125) from the People’s determinations. If scope comments the relevant factors of production Republic of China: Supplemental Questions’’ and include factual information, all such ‘‘Petitions for the Imposition of Antidumping and (FOPs) accurately, as well as to develop factual information should be limited to appropriate product-comparison Countervailing Duties on Imports of 9 Pentafluoroethane (R–125) from the People’s public information. To facilitate criteria. Republic of China: Supplemental Questions,’’ both preparation of its questionnaires, Interested parties may provide any dated January 14, 2021 (General Issues Commerce requests that all interested information or comments that they feel Supplemental); see also Memorandum, ‘‘Petitions parties submit such comments by 5:00 for the Imposition of Antidumping and are relevant to the development of an Countervailing Duties on Imports of p.m. Eastern Time (ET) on February 22, accurate list of physical characteristics. Pentafluoroethane (R–125) from the People’s 2021, which is the next business day Republic of China: Phone Call with Counsel to the In order to consider the suggestions of after 20 calendar days from the interested parties in developing and Petitioner,’’ dated January 22, 2021 (Phone Call signature date of this notice.10 Any with Petitioner’s Counsel); and Memorandum, issuing the AD questionnaires, all ‘‘Petitions for the Imposition of Antidumping and rebuttal comments, which may include product characteristics comments must Countervailing Duties on Imports of factual information, must be filed by Pentafluoroethane (R–125) from the People’s be filed by 5:00 p.m. ET on February 22, Republic of China: Phone Call with Counsel to the 2021, which is the next business day 6 See General Issues Supplemental at 3; see also Petitioner,’’ dated January 27, 2021 (Second Phone Phone Call with Petitioner’s Counsel at 1; and after 20 calendar days from the Call with Petitioner’s Counsel). Second Phone Call with Petitioner’s Counsel at 1. signature date of this notice.13 Any 4 See Petitioner’s Letter, ‘‘R–125 7 See Petitioner’s First Supplemental (Pentafluoroethane) from the People’s Republic of Questionnaire Response at 11 China: Honeywell International Inc.’s Supplemental See 19 CFR 351.303(b). Questionnaire Response,’’ dated January 19, 2021 1–2; see also Petitioner’s Third Supplemental 12 See Antidumping and Countervailing Duty (Petitioner’s First Supplemental Questionnaire Questionnaire Response at 1–2. Proceedings: Electronic Filing Procedures; Response); see also Petitioner’s Letter, ‘‘R–125 8 See Antidumping Duties; Countervailing Duties, Administrative Protective Order Procedures, 76 FR (Pentafluoroethane) from the People’s Republic of Final Rule, 62 FR 27296, 27323 (May 19, 1997) 39263 (July 6, 2011); see also Enforcement and China: Honeywell International Inc.’s Second (Preamble). Compliance; Change of Electronic Filing System Supplemental Questionnaire Response,’’ dated 9 See 19 CFR 351.102(b)(21) (defining ‘‘factual Name, 79 FR 69046 (November 20, 2014) for details January 25, 2021 (Petitioner’s Second Supplemental information’’). of Commerce’s electronic filing requirements, Questionnaire Response); and Petitioner’s Letter, 10 Commerce’s practice dictates that where a effective August 5, 2011. Information on help using ‘‘R–125 (Pentafluoroethane) from the People’s deadline falls on a weekend or Federal holiday (in ACCESS can be found at https://access.trade.gov/ Republic of China: Honeywell International Inc.’s this instance, February 21, 2021), the appropriate help.aspx and a handbook can be found at https:// Third Supplemental Questionnaire Response,’’ deadline is the next business day. See Notice of access.trade.gov/help/Handbook_on_Electronic_ dated January 28, 2021 (Petitioner’s Third Clarification: Application of ‘‘Next Business Day’’ Filing_Procedures.pdf. Supplemental Questionnaire Response). Rule for Administrative Determination Deadlines 13 See 19 CFR 351.303(b). Commerce practice 5 See ‘‘Determination of Industry Support for the Pursuant to the Tariff Act of 1930, As Amended, 70 dictates that where a deadline falls on a weekend Petition’’ section, infra. FR 24533 (May 10, 2005) (Next Business Day Rule). or Federal holiday (in this instance, February 21,

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rebuttal comments, which may include Section 771(10) of the Act defines the petitioner has established industry factual information, must be filed by domestic like product as ‘‘a product support for the Petition. First, the 5:00 p.m. ET on March 4, 2021, which which is like, or in the absence of like, Petition established support from is ten calendar days after the initial most similar in characteristics and uses domestic producers (or workers) comment deadline. All comments and with, the article subject to an accounting for more than 50 percent of submissions to Commerce must be filed investigation under this title.’’ Thus, the the total production of the domestic like electronically using ACCESS, as reference point from which the product, and, as such, Commerce is not explained above, on the record of the domestic like product analysis begins is required to take further action in order AD investigation. ‘‘the article subject to an investigation’’ to evaluate industry support (e.g., (i.e., the class or kind of merchandise to polling).21 Second, the domestic Determination of Industry Support for be investigated, which normally will be producers (or workers) have met the the Petition the scope as defined in the petition). statutory criteria for industry support Section 732(b)(1) of the Act requires With regard to the domestic like under section 732(c)(4)(A)(i) of the Act that a petition be filed on behalf of the product, the petitioner does not offer a because the domestic producers (or domestic industry. Section 732(c)(4)(A) definition of the domestic like product workers) who support the Petition of the Act provides that a petition meets distinct from the scope of the account for at least 25 percent of the this requirement if the domestic investigation.16 Based on our analysis of total production of the domestic like producers or workers who support the the information submitted on the product.22 Finally, the domestic petition account for: (i) At least 25 record, we have determined that R–125, producers (or workers) have met the percent of the total production of the as defined in the scope, constitutes a statutory criteria for industry support domestic like product; and (ii) more single domestic like product, and we under section 732(c)(4)(A)(ii) of the Act than 50 percent of the production of the have analyzed industry support in terms because the domestic producers (or domestic like product produced by that of that domestic like product.17 workers) who support the Petition portion of the industry expressing In determining whether the petitioner account for more than 50 percent of the support for, or opposition to, the has standing under section 732(c)(4)(A) production of the domestic like product petition. Moreover, section 732(c)(4)(D) of the Act, we considered the industry produced by that portion of the industry of the Act provides that, if the petition support data contained in the Petition expressing support for, or opposition to, does not establish support of domestic with reference to the domestic like the Petition.23 Accordingly, Commerce producers or workers accounting for product as defined in the ‘‘Scope of the determines that the Petition was filed on more than 50 percent of the total Investigation,’’ in the appendix to this behalf of the domestic industry within production of the domestic like product, notice. To establish industry support, the meaning of section 732(b)(1) of the Commerce shall: (i) Poll the industry or the petitioner provided its own Act.24 rely on other information in order to production of the domestic like product Allegations and Evidence of Material 18 determine if there is support for the in 2020. The petitioner states that Injury and Causation petition, as required by subparagraph there are no other known U.S. producers (A); or (ii) determine industry support of R–125; therefore, the Petition is The petitioner alleges that the U.S. using a statistically valid sampling supported by 100 percent of the U.S. industry producing the domestic like method to poll the ‘‘industry.’’ industry.19 We relied on data provided product is being materially injured, or is Section 771(4)(A) of the Act defines by the petitioner for purposes of threatened with material injury, by the ‘‘industry’’ as the producers as a measuring industry support.20 reason of the imports of the subject whole of a domestic like product. Thus, Our review of the data provided in the merchandise sold at LTFV. In addition, to determine whether a petition has the Petition, the Petitioner’s First the petitioner alleges that subject requisite industry support, the statute Supplemental Questionnaire Response, imports exceed the negligibility directs Commerce to look to producers and other information readily available threshold provided for under section 25 and workers who produce the domestic to Commerce indicates that the 771(24)(A) of the Act. like product. The International Trade The petitioner contends that the Commission (ITC), which is responsible United States, 688 F. Supp. 639, 644 (CIT 1988), industry’s injured condition is for determining whether ‘‘the domestic aff’d 865 F.2d 240 (Fed. Cir. 1989)). illustrated by a significant and industry’’ has been injured, must also 16 See Volume I of the Petition at 11–14 and increasing volume of subject imports; Exhibit I–3. determine what constitutes a domestic reduced market share; underselling and 17 For a discussion of the domestic like product price depression and suppression; lost like product in order to define the analysis as applied to this case and information industry. While both Commerce and the regarding industry support, see Antidumping Duty sales and revenues; decline in ITC must apply the same statutory Investigation Initiation Checklist: Pentafluoroethane employment variables; declining (R–125) from the People’s Republic of China (AD profitability; adverse impact on capital definition regarding the domestic like Initiation Checklist) at Attachment II, Analysis of 14 expenditures and capacity utilization; product, they do so for different Industry Support for the Antidumping and purposes and pursuant to a separate and Countervailing Duty Petitions Covering and the magnitude of the alleged 26 distinct authority. In addition, Pentafluoroethane (R–125) from the People’s dumping margins. We assessed the Commerce’s determination is subject to Republic of China (Attachment II). This checklist is allegations and supporting evidence dated concurrently with this notice and on file regarding material injury, threat of limitations of time and information. electronically via ACCESS. Although this may result in different 18 See Petitioner’s First Supplemental 21 definitions of the like product, such Questionnaire Response at 2–3 and Exhibit Supp– See Attachment II of the AD Initiation I–10b. Checklist; see also section 732(c)(4)(D) of the Act. differences do not render the decision of 22 19 See Attachment II of the AD Initiation 15 See Volume I of the Petition at 2–4 and Exhibit either agency contrary to law. I–1; see also Petitioner’s First Supplemental Checklist. Questionnaire Response at Exhibit Supp–I–1. 23 Id. 2021), the appropriate deadline is the next business 20 See Volume I of the Petition at 2–4 and Exhibit 24 Id. day. See Next Business Day Rule, 70 FR at 24533. I–1; see also Petitioner’s First Supplemental 25 See Volume I of the Petition at 14–15 and 14 See section 771(10) of the Act. Questionnaire Response at 2–3 and Exhibits Supp– Exhibit I–8. 15 See USEC, Inc. v. United States, 132 F. Supp. I–1 and Supp–I–10b. For further discussion, see 26 Id. at 9–10, 14–26 and Exhibits I–2, I–7 through 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp. v. Attachment II of the AD Initiation Checklist. I–10 and I–13.

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material injury, causation, as well as significant producer of comparable Respondent Selection 31 negligibility, and we have determined merchandise. The petitioner In the Petition, the petitioner named that these allegations are properly submitted publicly-available 11 companies in China as producers supported by adequate evidence, and information from Russia to value all and/or exporters of R–125.36 meet the statutory requirements for FOPs.32 Based on the information In accordance with our standard initiation.27 provided by the petitioner, we practice for respondent selection in AD determine that it is appropriate to use Allegations of Sales at LTFV investigations involving NME countries, Russia as a surrogate country for China Commerce selects respondents based on The following is a description of the for initiation purposes. quantity and value (Q&V) allegations of sales at LTFV upon which Interested parties will have the questionnaires in cases where it has Commerce based its decision to initiate opportunity to submit comments determined that the number of the AD investigation of imports of regarding surrogate country selections companies is large and it cannot R–125 from China. The sources of data and, pursuant to 19 CFR individually examine each company for the deductions and adjustments 351.301(c)(3)(i), will be provided an based upon its resources. Therefore, relating to U.S. price and normal value opportunity to submit publicly available considering the number of producers (NV) are discussed in greater detail in information to value FOPs within 30 and exporters identified in the Petition, the AD Initiation Checklist. days before the scheduled date of the Commerce will solicit Q&V information preliminary determination. U.S. Price that can serve as a basis for selecting Factors of Production exporters for individual examination in The petitioner based export price (EP) the event that Commerce decides to on two methodologies: (1) Information The petitioner used its own product- limit the number of respondents from a sale of R–125 produced in and specific consumption rates as a individually examined pursuant to exported from China by a Chinese surrogate to value Chinese section 777A(c)(2) of the Act. Because 33 producer; and (2) transaction-specific manufacturers’ FOPs. Additionally, there are 11 producers and/or exporters average unit values (AUVs) derived the petitioner calculated factory identified in the Petition, Commerce has from publicly-available import data and overhead; selling, general and determined that it will issue Q&V tied to ship manifest data obtained from administrative expenses; and profit questionnaires to each potential ImportGenius and Datamyne.28 The based on the experience of a Russian respondent for which the petitioner has 34 petitioner made adjustment for producer of R–125. provided a complete address. movement and other expenses, where Fair Value Comparisons In addition, Commerce will post the appropriate.29 Q&V questionnaire along with filing Based on the data provided by the Normal Value instructions on E&C’s website at https:// petitioner, there is reason to believe that enforcement.trade.gov/questionnaires/ Commerce considers China to be an imports of R–125 from China are being, questionnaires-ad.html. Producers/ NME country.30 In accordance with or are likely to be, sold in the United exporters of R–125 from China that do section 771(18)(C)(i) of the Act, any States at LTFV. Based on a comparison not receive Q&V questionnaires may determination that a foreign country is of EP to NV, in accordance with sections still submit a response to the Q&V an NME country shall remain in effect 772 and 773 of the Act, the estimated questionnaire and can obtain a copy of until revoked by Commerce. Therefore, dumping margins for R–125 from China the Q&V questionnaire from E&C’s we continue to treat China as an NME range from 149.09 percent to 238.83 website. In accordance with the 35 country for purposes of the initiation of percent. standard practice for respondent this investigation. Accordingly, NV in Initiation of LTFV Investigation selection in AD cases involving NME China is appropriately based on FOPs countries, in the event Commerce Based upon our examination of the valued in a surrogate market economy decides to limit the number of Petition on R–125 from China and country, in accordance with section respondents individually investigated, supplemental responses, we find that 773(c) of the Act. Commerce intends to base respondent the Petition meets the requirements of The petitioner states that the Russian selection on the responses to the Q&V section 732 of the Act. Therefore, we are Federation (Russia) is an appropriate questionnaire that it receives. surrogate country because Russia is a initiating an AD investigation to Responses to the Q&V questionnaire market economy country that is at a determine whether imports of R–125 must be submitted by the relevant level of economic development from China are being, or are likely to be, Chinese producers/exporters no later comparable to that of China and is a sold in the United States at LTFV. In than 5:00 p.m. ET on February 17, 2021. accordance with section 733(b)(1)(A) of All Q&V questionnaire responses must 27 See AD Initiation Checklist at Attachment III, the Act and 19 CFR 351.205(b)(1), be filed electronically via ACCESS. An Analysis of Allegations and Evidence of Material unless postponed, we will make our electronically filed document must be Injury and Causation for the Antidumping and preliminary determination no later than received successfully, in its entirety, by Countervailing Duty Petitions Covering 140 days after the date of this initiation. Pentafluoroethane (R–125) from the People’s ACCESS no later than 5:00 p.m. ET on Republic of China (Attachment III). the deadline noted above. 28 See the AD Initiation Checklist. 31 See Volume II of the Petition at 3 and Exhibits Interested parties must submit 29 Id. II–1, II–2. applications for disclosure under 32 See Petitioner’s First Supplemental 30 See, e.g., Antidumping Duty Investigation of Administrative Protective Order (APO) Certain Aluminum Foil from the People’s Republic Questionnaire Response at Exhibit Supp-II–11; see of China: Affirmative Preliminary Determination of also Petitioner’s Second Supplemental in accordance with 19 CFR 351.305(b). Sales at Less-Than-Fair Value and Postponement of Questionnaire Response at Exhibit SS–II–11. Instructions for filing such applications Final Determination, 82 FR 50858, 50861 33 See Volume II of the Petition at 6 and Exhibit may be found on E&C’s website at (November 2, 2017), and accompanying Preliminary II–10; see also Petitioner’s First Supplemental http://enforcement.trade.gov/apo. Decision Memorandum at ‘‘China’s Status as a Non- Questionnaire Response at Exhibit Supp–I–1. Market Economy,’’ unchanged in Certain 34 See Volume II of the Petition at 3 and Exhibits Commerce intends to finalize its Aluminum Foil from the People’s Republic of II–3 and II–12. China: Final Determination of Sales at Less Than 35 See Petitioner’s Second Supplemental 36 See Volume I of the Petition at 9 and Exhibit Fair Value, 83 FR 9282 (March 5, 2018). Questionnaire Response at Exhibit SS–II–19. I–11.

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decisions regarding respondent an exporter will apply only to merchandise addressed in 19 CFR 351.301, which selection within 20 days of publication both exported by the firm in question and provides specific time limits based on produced by a firm that supplied the exporter of this notice. 39 the type of factual information being during the period of investigation. submitted. Interested parties should Separate Rates Distribution of Copies of the AD review the regulations prior to In order to obtain separate-rate status Petition submitting factual information in this in an NME investigation, exporters and In accordance with section investigation. producers must submit a separate-rate 732(b)(3)(A) of the Act and 19 CFR application.37 The specific requirements Extensions of Time Limits 351.202(f), a copy of the public version for submitting a separate-rate Parties may request an extension of of the Petition has been provided to the application in a China investigation are Government of China via ACCESS. time limits before the expiration of a outlined in detail in the application Furthermore, to the extent practicable, time limit established under 19 CFR itself, which is available on E&C’s Commerce will attempt to provide a 351.301 or as otherwise specified by website at http://enforcement.trade.gov/ copy of the public version of the Commerce. In general, an extension nme/nme-sep-rate.html. The separate- Petition to each exporter named in the request will be considered untimely if it rate application will be due 30 days Petition, as provided under 19 CFR is filed after the expiration of the time after publication of this initiation 351.203(c)(2). limit established under 19 CFR 351.301. notice.38 Producers/exporters who For submissions that are due from submit a separate-rate application and ITC Notification multiple parties simultaneously, an have been selected as mandatory Commerce will notify the ITC of our extension request will be considered respondents will be eligible for initiation, as required by section 732(d) untimely if it is filed after 10:00 a.m. ET consideration for separate-rate status of the Act. on the due date. Under certain only if they respond to all parts of circumstances, we may elect to specify Commerce’s AD questionnaire as Preliminary Determination by the ITC a different time limit by which mandatory respondents. Commerce The ITC will preliminarily determine, extension requests will be considered requires that respondents from China within 45 days after the date on which untimely for submissions which are due submit a response to both the Q&V the Petition was filed, whether there is from multiple parties simultaneously. In questionnaire and the separate-rate a reasonable indication that imports of such a case, Commerce will inform application by the respective deadlines R–125 from China are materially parties in a letter or memorandum of the in order to receive consideration for injuring, or threatening material injury deadline (including a specified time) by separate-rate status. Companies not to, a U.S. industry.40 A negative ITC which extension requests must be filed filing a timely Q&V questionnaire determination will result in the to be considered timely. An extension response will not receive separate rate investigation being terminated.41 request must be made in a separate, consideration. Otherwise, the investigation will stand-alone submission; under limited proceed according to statutory and circumstances we will grant untimely- Use of Combination Rates regulatory time limits. filed requests for the extension of time Commerce will calculate combination limits. Parties should review Extension Submission of Factual Information rates for certain respondents that are of Time Limits; Final Rule, 78 FR 57790 eligible for a separate rate in an NME Factual information is defined in 19 (September 20, 2013), available at investigation. The Separate Rates and CFR 351.102(b)(21) as: (i) Evidence http://www.gpo.gov/fdsys/pkg/FR-2013- Combination Rates Bulletin states: submitted in response to questionnaires; 09-20/html/2013-22853.htm, prior to {w}hile continuing the practice of assigning (ii) evidence submitted in support of submitting factual information in this separate rates only to exporters, all separate allegations; (iii) publicly available investigation. rates that the {Commerce} will now assign in information to value factors under 19 its NME Investigation will be specific to CFR 351.408(c) or to measure the Certification Requirements those producers that supplied the exporter adequacy of remuneration under 19 CFR Any party submitting factual during the period of investigation. Note, 351.511(a)(2); (iv) evidence placed on information in an AD or CVD however, that one rate is calculated for the the record by Commerce; and (v) proceeding must certify to the accuracy exporter and all of the producers which evidence other than factual information and completeness of that information.44 supplied subject merchandise to it during the period of investigation. This practice applies described in (i)–(iv). Section 351.301(b) Parties must use the certification both to mandatory respondents receiving an of Commerce’s regulations requires any formats provided in 19 CFR individually calculated separate rate as well party, when submitting factual 351.303(g).45 Commerce intends to as the pool of non-investigated firms information, to specify under which reject factual submissions if the receiving the weighted-average of the subsection of 19 CFR 351.102(b)(21) the submitting party does not comply with individually calculated rates. This practice is information is being submitted 42 and, if the applicable certification referred to as the application of ‘‘combination the information is submitted to rebut, requirements. rates’’ because such rates apply to specific clarify, or correct factual information combinations of exporters and one or more already on the record, to provide an Notification to Interested Parties producers. The cash-deposit rate assigned to explanation identifying the information Interested parties must submit already on the record that the factual applications for disclosure under APO 37 See Policy Bulletin 05.1: ‘‘Separate-Rates Practice and Application of Combination Rates in information seeks to rebut, clarify, or in accordance with 19 CFR 351.305. On Antidumping Investigation involving NME correct.43 Time limits for the Countries,’’ (April 5, 2005), available at http:// submission of factual information are 44 See section 782(b) of the Act. enforcement.trade.gov/policy/bull05-1.pdf (Policy 45 See Certification of Factual Information to Bulletin 05.1). Import Administration During Antidumping and 39 See Policy Bulletin 05.1 at 6 (emphasis added). 38 Although in past investigations this deadline Countervailing Duty Proceedings, 78 FR 42678 (July 40 was 60 days, consistent with 19 CFR 351.301(a), See section 733(a) of the Act. 17, 2013) (Final Rule). Answers to frequently asked which states that ‘‘the Secretary may request any 41 Id. questions regarding the Final Rule are available at person to submit factual information at any time 42 See 19 CFR 351.301(b). http://enforcement.trade.gov/tlei/notices/factual_ during a proceeding,’’ this deadline is now 30 days. 43 See 19 CFR 351.301(b)(2). info_final_rule_FAQ_07172013.pdf.

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January 22, 2008, Commerce published written description of the scope of the determination if, in the event of an Antidumping and Countervailing Duty investigation is dispositive. affirmative preliminary determination, a Proceedings: Documents Submission [FR Doc. 2021–02529 Filed 2–5–21; 8:45 am] request for such postponement is made Procedures; APO Procedures, 73 FR BILLING CODE 3510–DS–P by the exporters or producers who 3634 (January 22, 2008). Parties wishing account for a significant portion of to participate in this investigation exports of the subject merchandise, or in should ensure that they meet the DEPARTMENT OF COMMERCE the event of a negative preliminary requirements of these procedures (e.g., determination, a request for such the filing of letters of appearance as International Trade Administration postponement is made by the petitioner. discussed at 19 CFR 351.103(d)). Note [A–552–831] Further, 19 CFR 351.210(e)(2) requires that Commerce has temporarily that such postponement requests by modified certain of its requirements for Seamless Refined Copper Pipe and exporters be accompanied by a request serving documents containing business Tube From the Socialist Republic of for extension of provisional measures proprietary information until further Vietnam: Postponement of Final from a four-month period to a period of notice.46 Determination of Less-Than-Fair-Value not more than six months, in This notice is issued and published Investigation accordance with section 733(d) of the pursuant to sections 732(c)(2) and 777(i) Act. AGENCY: Enforcement and Compliance, of the Act, and 19 CFR 351.203(c). On January 28, 2021, Hailiang International Trade Administration, (Vietnam) Copper Manufacturing Dated: February 1, 2021. Department of Commerce. Christian Marsh, Company Limited/Hongkong Hailiang SUMMARY: The Department of Commerce Metal Trading Limited (also known as Acting Assistant Secretary for Enforcement (Commerce) is postponing the deadline and Compliance. Hong Kong Hailiang Metal Trading for issuing the final determination in the Limited) (Hailiang Vietnam/Hongkong Appendix less-than-fair-value (LTFV) investigation Hailiang), the sole mandatory of imports of seamless refined copper Scope of the Investigation respondent in this investigation, pipe and tube (copper pipe and tube) The merchandise covered by this requested that Commerce postpone the from the Socialist Republic of Vietnam deadline for the final determination investigation is pentafluoroethane (R–125), or (Vietnam) until June 16, 2021, and is its chemical equivalent, regardless of form, until no later than 135 days from the type or purity level. R–125 has the Chemical extending the provisional measures publication of the Preliminary Abstracts Service (CAS) registry number of from a four-month period to a period of Determination and extend the 354–33–6 and the chemical formula C2HF5. not more than six months. application of the provisional measures R–125 is also referred to as DATES: Applicable February 8, 2021. from a four-month period to a period of Pentafluoroethane, Genetron HFC 125, FOR FURTHER INFORMATION CONTACT: not more than six months.3 Khladon 125, Suva 125, Freon 125, and Fc- 125. Subject merchandise includes R–125, Ariela Garvett, AD/CVD Operations, Additionally, on January 28, 2021, the whether or not incorporated into a blend. Office IV, Enforcement and Compliance, American Copper Tube Coalition and its When R–125 is blended with other products, International Trade Administration, constituent members 4 (the petitioners) only the R–125 component of the mixture is U.S. Department of Commerce, 1401 requested that Commerce postpone the covered by the scope of this investigation. Constitution Avenue NW, Washington, deadline for the final determination.5 In Subject merchandise also includes R–125 DC 20230; telephone: (202) 482–3609. accordance with section 735(a)(2)(A) of and unpurified R–125 that is processed in a SUPPLEMENTARY INFORMATION: the Act and 19 CFR 351.210(b)(2)(ii), third country or otherwise outside the because: (1) The preliminary customs territory of the United States, Background including, but not limited to, purifying, determination was affirmative; (2) the blending, or any other processing that would On July 20, 2020, Commerce initiated request was made by the exporter and not otherwise remove the merchandise from the LTFV investigation of imports of producer who accounts for a significant the scope of this investigation if performed copper pipe and tube from Vietnam.1 proportion of exports of the subject in the country of manufacture of the in-scope The period of investigation is October 1, merchandise; and (3) no compelling R–125. The scope also includes R–125 that is 2019, through March 31, 2020. On reasons for denial exist, Commerce is commingled with R–125 from sources not February 1, 2021, Commerce published postponing the final determination until subject to this investigation. Only the subject no later than 135 days after the date of component of such commingled products is its Preliminary Determination in this 2 covered by the scope of this investigation. LTFV investigation. the publication of the Preliminary Excluded from the current scope is Determination and extending the Postponement of the Final provisional measures from a four-month merchandise covered by the scope of the Determination antidumping order on Hydrofluorocarbon period to a period of not more than six Blends from the People’s Republic of China. Section 735(a)(2) of the Tariff Act of months. Accordingly, Commerce will See Hydrofluorocarbon Blends from the 1930, as amended (the Act), and 19 CFR People’s Republic of China: Antidumping 351.210(b)(2) provide that a final 3 See Hailiang Vietnam/Hongkong Hailiang’s Duty Order, 81 FR 55436 (August 19, 2016) determination may be postponed until Letter, ‘‘Hailiang Request to Postpone Final (the Blends Order). not later than 135 days after the date of Determination in the Less-Than-Fair-Value R–125 is classified under Harmonized Investigation of Seamless Refined Copper Pipe and Tariff Schedule of the United States (HTSUS) the publication of the preliminary Tube from the Socialist Republic of Vietnam: (A– subheading 2903.39.2035. Merchandise 552–831),’’ dated January 28, 2021. subject to the scope may also be entered 1 See Seamless Refined Copper Pipe and Tube 4 The members of the American Copper Tube under HTSUS subheadings 2903.39.2045 and from the Socialist Republic of Vietnam: Initiation of Coalition are Mueller Copper Tube Products, Inc., 3824.78.0020. The HTSUS subheadings and Less-Than-Fair-Value Investigation, 85 FR 47181 Mueller Copper Tube West Co., Mueller Copper (August 4, 2020). Tube Company, Inc., Howell Metal Company, and CAS registry number are provided for 2 See Seamless Refined Copper Pipe and Tube Linesets, Inc. (collectively, Mueller Group) and convenience and customs purposes. The from the Socialist Republic of Vietnam: Preliminary Cerro Flow Products, LLC. Affirmative Determination of Sales at Less Than 5 See Petitioners’ Letter, ‘‘Seamless Refined 46 See Temporary Rule Modifying AD/CVD Fair Value and Preliminary Negative Determination Copper Pipe and Tube from Vietnam: Confirmation Service Requirements Due to COVID–19; Extension of Critical Circumstances, 86 FR 7698 (February 1, of No Objection to Extension of Final Results,’’ of Effective Period, 85 FR 41363 (July 10, 2020). 2021) (Preliminary Determination). dated January 28, 2021.

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issue its final determination no later Postponement of the Final reasons for denial exist, Commerce is than June 16, 2021. Determination postponing the final determination until no later than 135 days after the date of Notice to Interested Parties Section 735(a)(2) of the Tariff Act of 1930, as amended (the Act), and 19 CFR the publication of the Preliminary This notice is issued and published 351.210(b)(2) provide that a final Determination and extending the pursuant to section 735(a)(2) of the Act determination may be postponed until provisional measures from a four-month and 19 CFR 351.210(g). not later than 135 days after the date of period to a period of not more than six Dated: February 1, 2021. the publication of the preliminary months. Accordingly, Commerce will Christian Marsh, determination if, in the event of an issue its final determination no later Acting Assistant Secretary for Enforcement affirmative preliminary determination, a than June 16, 2021. and Compliance. request for such postponement is made Notice to Interested Parties by the exporters or producers who [FR Doc. 2021–02458 Filed 2–5–21; 8:45 am] This notice is issued and published BILLING CODE 3510–DS–P account for a significant portion of exports of the subject merchandise, or in pursuant to section 735(a)(2) of the Act the event of a negative preliminary and 19 CFR 351.210(g). DEPARTMENT OF COMMERCE determination, a request for such Dated: February 1, 2021. postponement is made by the petitioner. Christian Marsh, International Trade Administration Further, 19 CFR 351.210(e)(2) requires Acting Assistant Secretary for Enforcement [A–552–831] that such postponement requests by and Compliance. exporters be accompanied by a request [FR Doc. 2021–02531 Filed 2–5–21; 8:45 am] Seamless Refined Copper Pipe and for extension of provisional measures BILLING CODE 3510–DS–P Tube From the Socialist Republic of from a four-month period to a period of Vietnam: Postponement of Final not more than six months, in Determination of Less-Than-Fair-Value accordance with section 733(d) of the DEPARTMENT OF COMMERCE Investigation Act. On January 28, 2021, Hailiang International Trade Administration AGENCY: Enforcement and Compliance, (Vietnam) Copper Manufacturing [C–570–138] International Trade Administration, Company Limited/Hongkong Hailiang Department of Commerce. Metal Trading Limited (also known as Pentafluoroethane (R–125) From the SUMMARY: The Department of Commerce Hong Kong Hailiang Metal Trading People’s Republic of China: Initiation (Commerce) is postponing the deadline Limited) (Hailiang Vietnam/Hongkong of Countervailing Duty Investigation for issuing the final determination in the Hailiang), the sole mandatory less-than-fair-value (LTFV) investigation respondent in this investigation, AGENCY: Enforcement and Compliance, of imports of seamless refined copper requested that Commerce postpone the International Trade Administration, pipe and tube (copper pipe and tube) deadline for the final determination Department of Commerce. from the Socialist Republic of Vietnam until no later than 135 days from the DATES: Applicable February 1, 2021. (Vietnam) until June 16, 2021, and is publication of the Preliminary FOR FURTHER INFORMATION CONTACT: extending the provisional measures Determination and extend the Joshua Tucker or Peter Skarlatos, AD/ from a four-month period to a period of application of the provisional measures CVD Operations, Office II, Enforcement not more than six months. from a four-month period to a period of and Compliance, International Trade DATES: Applicable February 8, 2021. not more than six months.3 Administration, U.S. Department of FOR FURTHER INFORMATION CONTACT: Additionally, on January 28, 2021, the Commerce, 1401 Constitution Avenue Ariela Garvett, AD/CVD Operations, American Copper Tube Coalition and its NW, Washington, DC 20230; telephone: Office IV, Enforcement and Compliance, constituent members 4 (the petitioners) (202) 482–2044 or (202) 482–0324, International Trade Administration, requested that Commerce postpone the respectively. 5 U.S. Department of Commerce, 1401 deadline for the final determination. In SUPPLEMENTARY INFORMATION: Constitution Avenue NW, Washington, accordance with section 735(a)(2)(A) of DC 20230; telephone: (202) 482–3609. the Act and 19 CFR 351.210(b)(2)(ii), The Petition SUPPLEMENTARY INFORMATION: because: (1) The preliminary On January 12, 2021, the U.S. determination was affirmative; (2) the Department of Commerce (Commerce) Background request was made by the exporter and received a countervailing duty (CVD) On July 20, 2020, Commerce initiated producer who accounts for a significant petition concerning imports of the LTFV investigation of imports of proportion of exports of the subject pentafluoroethane (R–125) from the copper pipe and tube from Vietnam.1 merchandise; and (3) no compelling People’s Republic of China (China) filed The period of investigation is October 1, in proper form on behalf of Honewell 2019, through March 31, 2020. On 3 See Hailiang Vietnam/Hongkong Hailiang’s International, Inc. (the petitioner).1 The February 1, 2021, Commerce published Letter, ‘‘Hailiang Request to Postpone Final Petition was accompanied by an its Preliminary Determination in this Determination in the Less-Than-Fair-Value Investigation of Seamless Refined Copper Pipe and antidumping duty (AD) petition 2 LTFV investigation. Tube from the Socialist Republic of Vietnam: (A– concerning imports of R–125 from 552–831),’’ dated January 28, 2021. China. 1 See Seamless Refined Copper Pipe and Tube 4 The members of the American Copper Tube Between January 14 and 27, 2021, from the Socialist Republic of Vietnam: Initiation of Coalition are Mueller Copper Tube Products, Inc., Commerce requested supplemental Less-Than-Fair-Value Investigation, 85 FR 47181 Mueller Copper Tube West Co., Mueller Copper (August 4, 2020). Tube Company, Inc., Howell Metal Company, and information pertaining to certain aspects 2 See Seamless Refined Copper Pipe and Tube Linesets, Inc. (collectively, Mueller Group) and from the Socialist Republic of Vietnam: Preliminary Cerro Flow Products, LLC. 1 See Petitioner’s Letter, ‘‘Petitions for the Affirmative Determination of Sales at Less Than 5 See Petitioners’ Letter, ‘‘Seamless Refined Imposition of Antidumping and Countervailing Fair Value and Preliminary Negative Determination Copper Pipe and Tube from Vietnam: Confirmation Duties: R–125 (Pentafluoroethane) from the People’s of Critical Circumstances, 86 FR 7698 (February 1, of No Objection to Extension of Final Results,’’ Republic of China,’’ dated January 12, 2021 (the 2021) (Preliminary Determination). dated January 28, 2021. Petition).

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of the Petition,2 to which the petitioner Scope of the Investigation pertaining to the scope of the filed responses between January 19 and The merchandise covered by this investigation may be relevant, the party 28, 2021.3 investigation is R–125 from China. For may contact Commerce and request In accordance with section 702(b)(1) a full description of the scope of this permission to submit the additional of the Tariff Act of 1930, as amended investigation, see the appendix to this information. All scope comments must (the Act), the petitioner alleges that the notice. also be filed on the record of the concurrent AD investigation. Government of China (GOC) is Comments on Scope of the Investigation providing countervailable subsidies, Filing Requirements On January 14, 22, and 27, 2021, within the meaning of sections 701 and All submissions to Commerce must be 771(5) of the Act, to producers of R–125 Commerce requested further information from the petitioner filed electronically using Enforcement in China and that such imports are and Compliance (E&C)’s Antidumping materially injuring, or threatening regarding the proposed scope to ensure that the scope language in the Petition Duty and Countervailing Duty material injury to, the domestic industry Centralized Electronic Service System producing R–125 in the United States. is an accurate reflection of the products for which the domestic industry is (ACCESS), unless an exception 11 Consistent with section 702(b)(1) of the 6 applies. An electronically filed Act and 19 CFR 351.202(b), for those seeking relief. On January 19 and 28, 2021, the petitioner revised the scope.7 document must be received successfully alleged programs on which we are The description of the merchandise in its entirety by the time and date it is initiating a CVD investigation, the covered by this investigation, as due. Petition is supported by information described in the appendix to this notice, reasonably available to the petitioner. Consultations reflects these clarifications. Commerce finds that the petitioner As discussed in the Preamble to Pursuant to sections 702(b)(4)(A)(i) filed the Petition on behalf of the Commerce’s regulations, we are setting and (ii) of the Act, Commerce notified domestic industry because the aside a period for interested parties to the GOC of the receipt of the Petition petitioner is an interested party as raise issues regarding product coverage and provided it the opportunity for defined in section 771(9)(C) of the Act. (i.e., scope).8 Commerce will consider consultations with respect to the CVD Petition.12 The GOC did not request Commerce also finds that the petitioner all comments received from interested consultations. demonstrated sufficient industry parties and, if necessary, will consult support with respect to the initiation of with interested parties prior to the Determination of Industry Support for the requested CVD investigation.4 issuance of the preliminary the Petition determination. If scope comments Section 702(b)(1) of the Act requires Period of Investigation 9 include factual information, all such that a petition be filed on behalf of the Because the Petition was filed on factual information should be limited to domestic industry. Section 702(c)(4)(A) January 12, 2021, the period of public information. To facilitate of the Act provides that a petition meets preparation of its questionnaires, investigation is January 1, 2020, through this requirement if the domestic Commerce requests that all interested December 31, 2020.5 producers or workers who support the parties submit scope comments by 5:00 petition account for: (i) At least 25 p.m. Eastern Time (ET) on February 22, 2 percent of the total production of the See Commerce’s Letter, ‘‘Petition for the 2021, which is the next business day Imposition of Countervailing Duties on Imports of domestic like product; and (ii) more Pentafluoroethane (R–125) from the People’s after 20 calendar days from the than 50 percent of the production of the Republic of China: Supplemental Questions,’’ dated signature date of this notice.10 Any domestic like product produced by that January 14, 2021; see also Commerce’s Letter, rebuttal comments, which may include portion of the industry expressing ‘‘Petitions for the Imposition of Antidumping and factual information, must be filed by Countervailing Duties on Imports of support for, or opposition to, the 5:00 p.m. ET on March 4, 2021, which Pentafluoroethane (R–125) from the People’s petition. Moreover, section 702(c)(4)(D) Republic of China: Supplemental Questions,’’ dated is 10 calendar days from the initial of the Act provides that, if the petition January 14, 2021 (General Issues Supplemental); comment deadline. Memorandum, ‘‘Phone Call with Counsel to the Commerce requests that any factual does not establish support of domestic Petitioner,’’ dated January 22, 2021 (Phone Call information the parties consider producers or workers accounting for with Petitioner’s Counsel); and Memorandum, more than 50 percent of the total ‘‘Phone Call with Counsel to the Petitioner,’’ dated relevant to the scope of the investigation January 27, 2021 (Second Phone Call with be submitted during this time period. production of the domestic like product, Petitioner’s Counsel). However, if a party subsequently finds Commerce shall: (i) Poll the industry or 3 See Petitioner’s Letter, ‘‘R–125 that additional factual information rely on other information in order to (Pentafluoroethane) from the People’s Republic of determine if there is support for the China: Honeywell International Inc.’s CVD petition, as required by subparagraph Supplemental Questionnaire Response,’’ dated 6 See General Issues Supplemental at 3; see also January 19, 2021; see also Petitioner’s Letter, ‘‘R– Phone Call with Petitioner’s Counsel at 1; and (A); or (ii) determine industry support 125 (Pentafluoroethane) from the People’s Republic Second Phone Call with Petitioner’s Counsel at 1. of China: Honeywell International Inc.’s 7 See Petitioner’s First Supplemental 11 See Antidumping and Countervailing Duty Supplemental Questionnaire Response,’’ dated Questionnaire Response at 1–2; see also Petitioner’s Proceedings: Electronic Filing Procedures; January 21, 2021 (Petitioner’s First Supplemental Third Supplemental Questionnaire Response at 1– Administrative Protective Order Procedures, 76 FR Questionnaire Response); Petitioner’s Letter, ‘‘R– 2. 39263 (July 6, 2011); see also Enforcement and 125 (Pentafluoroethane) from the People’s Republic 8 See Antidumping Duties; Countervailing Duties, Compliance; Change of Electronic Filing System of China: Honeywell International Inc.’s Second 62 FR 27296, 27323 (May 19, 1997) (Preamble). Name, 79 FR 69046 (November 20, 2014), for details Supplemental Questionnaire Response,’’ dated 9 See 19 CFR 351.102(b)(21) (defining ‘‘factual of Commerce’s electronic filing requirements, January 25, 2021; and Petitioner’s Letter, ‘‘R–125 information’’). effective August 5, 2011. Information on using (Pentafluoroethane) from the People’s Republic of 10 See 19 CFR 351.303(b). Commerce’s practice ACCESS can be found at https://access.trade.gov/ China: Honeywell International Inc.’s Third dictates that where a deadline falls on a weekend help.aspx and a handbook can be found at https:// Supplemental Questionnaire Response,’’ dated or Federal holiday, the appropriate deadline is the access.trade.gov/help/Handbook_on_Electronic_ January 28, 2021 (Petitioner’s Third Supplemental next business day (in this instance, February 22, Filing_Procedures.pdf. Questionnaire Response). 2021). See Notice of Clarification: Application of 12 See Commerce’s Letter, ‘‘Pentafluoroethane (R– 4 See ‘‘Determination of Industry Support for the ‘‘Next Business Day’’ Rule for Administrative 125) from the People’s Republic of China: Invitation Petition’’ section, infra. Determination Deadlines Pursuant to the Tariff Act for Consultation to Discuss the Countervailing Duty 5 See 19 CFR 351.204(b)(2). of 1930, As Amended, 70 FR 24533 (May 10, 2005). Petition,’’ dated January 14, 2021.

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using a statistically valid sampling of the Act, we considered the industry Injury Test method to poll the ‘‘industry.’’ support data contained in the Petition Because China is a ‘‘Subsidies Section 771(4)(A) of the Act defines with reference to the domestic like Agreement Country’’ within the the ‘‘industry’’ as the producers as a product as defined in the ‘‘Scope of the meaning of section 701(b) of the Act, whole of a domestic like product. Thus, Investigation,’’ in the appendix to this section 701(a)(2) of the Act applies to to determine whether a petition has the notice. To establish industry support, this investigation. Accordingly, the ITC requisite industry support, the statute the petitioner provided its own must determine whether imports of the directs Commerce to look to producers production of the domestic like product subject merchandise from China and workers who produce the domestic 17 in 2020. The petitioner states that materially injure, or threaten material like product. The International Trade there are no other known U.S. producers injury to, a U.S. industry. Commission (ITC), which is responsible of R–125; therefore, the Petition is for determining whether ‘‘the domestic supported by 100 percent of the U.S. Allegations and Evidence of Material industry’’ has been injured, must also industry.18 We relied on data provided Injury and Causation determine what constitutes a domestic by the petitioner for purposes of The petitioner alleges that imports of like product in order to define the measuring industry support.19 the subject merchandise are benefitting industry. While both Commerce and the from countervailable subsidies and that ITC must apply the same statutory Our review of the data provided in the Petition, the Petitioner’s First such imports are causing, or threaten to definition regarding the domestic like cause, material injury to the U.S. product,13 they do so for different Supplemental Questionnaire Response, and other information readily available industry producing the domestic like purposes and pursuant to a separate and product. In addition, the petitioner distinct authority. In addition, to Commerce indicates that the petitioner has established industry alleges that subject imports exceed the Commerce’s determination is subject to negligibility threshold provided for limitations of time and information. support for the Petition. First, the 24 Petition established support from under section 771(24)(A) of the Act. Although this may result in different The petitioner contends that the domestic producers (or workers) definitions of the like product, such industry’s injured condition is accounting for more than 50 percent of differences do not render the decision of illustrated by a significant and 14 the total production of the domestic like either agency contrary to law. increasing volume of subject imports; product and, as such, Commerce is not Section 771(10) of the Act defines the reduced market share; underselling and required to take further action in order domestic like product as ‘‘a product price depression and suppression; lost which is like, or in the absence of like, to evaluate industry support (e.g., 20 sales and revenues; decline in most similar in characteristics and uses polling). Second, the domestic employment variables; declining with, the article subject to an producers (or workers) have met the profitability; and adverse impact on investigation under this title.’’ Thus, the statutory criteria for industry support capital expenditures and capacity reference point from which the under section 702(c)(4)(A)(i) of the Act utilization.25 We assessed the domestic like product analysis begins is because the domestic producers (or allegations and supporting evidence ‘‘the article subject to an investigation’’ workers) who support the Petition regarding material injury, threat of (i.e., the class or kind of merchandise to account for at least 25 percent of the material injury, causation, as well as be investigated, which normally will be total production of the domestic like negligibility, and we have determined 21 the scope as defined in the petition). product. Finally, the domestic that these allegations are properly With regard to the domestic like producers (or workers) have met the supported by adequate evidence, and product, the petitioner does not offer a statutory criteria for industry support meet the statutory requirements for definition of the domestic like product under section 702(c)(4)(A)(ii) of the Act initiation.26 distinct from the scope of the because the domestic producers (or investigation.15 Based on our analysis of workers) who support the Petition Initiation of CVD Investigation the information submitted on the account for more than 50 percent of the Based upon our examination of the record, we have determined that R–125, production of the domestic like product Petition and supplemental responses, as defined in the scope, constitutes a produced by that portion of the industry we find that the Petition meets the single domestic like product, and we expressing support for, or opposition to, requirements of section 702 of the Act. have analyzed industry support in terms the Petition.22 Accordingly, Commerce Therefore, we are initiating a CVD of that domestic like product.16 determines that the Petition was filed on investigation to determine whether In determining whether the petitioner behalf of the domestic industry within imports of R–125 from China benefit has standing under section 702(c)(4)(A) the meaning of section 702(b)(1) of the from countervailable subsidies Act.23 conferred by the GOC. Based on our 13 See section 771(10) of the Act. review of the Petition, we find that there 14 See USEC, Inc. v. United States, 132 F. Supp. 17 See Petitioner’s First Supplemental 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. is sufficient information to initiate a Questionnaire Response at 2–3 and Exhibit Supp– v. United States, 688 F. Supp. 639, 644 (CIT 1988), CVD investigation on all five alleged I–10b. aff’d 865 F.2d 240 (Fed. Cir. 1989)). programs. For a full discussion of the 18 See Volume I of the Petition at 2–4 and Exhibit 15 See Volume I of the Petition at 11–14 and I–1; see also Petitioner’s First Supplemental basis for our decision to initiate on each Exhibit I–3. Questionnaire Response at Exhibit Supp–I–1. program, see China CVD Initiation 16 For a discussion of the domestic like product 19 See Volume I of the Petition at 2–4 and Exhibit analysis as applied to this case and information I–1; see also Petitioner’s First Supplemental 24 regarding industry support, see Countervailing Duty See Volume I of the Petition at 14–15 and Questionnaire Response at 2–3 and Exhibits Supp– Investigation Initiation Checklist: Pentafluoroethane Exhibit I–8. I–1 and Supp–I–10b. For further discussion, see (R–125) from the People’s Republic of China (China 25 See Volume I of the Petition at 9–10, 14–26 and Attachment II of the China CVD Initiation Checklist. CVD Initiation Checklist) at Attachment II, Analysis Exhibits I–2 and I–7 through I–10. 20 of Industry Support for the Antidumping and See Attachment II of the China CVD Initiation 26 See China CVD Initiation Checklist at Countervailing Duty Petitions Covering Checklist; see also section 702(c)(4)(D) of the Act. Attachment III, Analysis of Allegations and Pentafluoroethane (R–125) from the People’s 21 See Attachment II of the China CVD Initiation Evidence of Material Injury and Causation for the Republic of China (Attachment II). This checklist is Checklist. Antidumping and Countervailing Duty Petitions dated concurrently with this notice and on file 22 Id. Covering Pentafluoroethane (R–125) from the electronically via ACCESS. 23 Id. People’s Republic of China (Attachment III).

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Checklist. The initiation checklist for Distribution of Copies of the Petition submitting factual information in this this investigation is available on investigation. In accordance with section ACCESS. In accordance with section Extensions of Time Limits 703(b)(1) of the Act and 19 CFR 702(b)(4)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will 351.202(f), a copy of the public version Parties may request an extension of make our preliminary determination no of the Petition has been provided to the time limits before the expiration of a GOC via ACCESS. Furthermore, to the later than 65 days after the date of this time limit established under 19 CFR extent practicable, Commerce will initiation. 351.301, or as otherwise specified by attempt to provide a copy of the public Commerce. In general, an extension Respondent Selection version of the Petition to each exporter request will be considered untimely if it named in the Petition, as provided is filed after the expiration of the time The petitioner named 11 companies under 19 CFR 351.203(c)(2). limit established under 19 CFR in China as producers/exporters of R– 351.301.32 For submissions that are due ITC Notification 125.27 Commerce intends to follow its from multiple parties simultaneously, standard practice in CVD investigations Commerce will notify the ITC of its an extension request will be considered and calculate company-specific subsidy initiation, as required by section 702(d) untimely if it is filed after 10:00 a.m. ET rates in this investigation. In the event of the Act. on the due date. Under certain Commerce determines that the number circumstances, Commerce may elect to of companies is large and it cannot Preliminary Determination by the ITC specify a different time limit by which individually examine each company The ITC will preliminarily determine, extension requests will be considered based upon Commerce’s resources, within 45 days after the date on which untimely for submissions which are due where appropriate, Commerce intends the Petition was filed, whether there is from multiple parties simultaneously. In to select mandatory respondents based a reasonable indication that imports of such a case, Commerce will inform on quantity and value (Q&V) R–125 from China are materially parties in a letter or memorandum of the questionnaires issued to the potential injuring, or threatening material injury deadline (including a specified time) by respondents. Commerce normally to, a U.S. industry.28 A negative ITC which extension requests must be filed selects mandatory respondents in CVD determination will result in the to be considered timely. An extension investigations using U.S. Customs and investigation being terminated.29 request must be made in a separate, Border Protection (CBP) entry data for Otherwise, this investigation will stand-alone submission; under limited U.S. imports under the appropriate proceed according to statutory and circumstances we will grant untimely- Harmonized Tariff Schedule of the regulatory time limits. filed requests for the extension of time United States (HTSUS) numbers listed limits. Parties should review Submission of Factual Information in the scope of the investigation. Commerce’s regulations concerning the extension of time limits prior to However, for this investigation, the Factual information is defined in 19 HTSUS number under which the subject submitting extension requests or factual CFR 351.102(b)(21) as: (i) Evidence information in this investigation.33 merchandise would enter (i.e., submitted in response to questionnaires; 2903.39.2035) is a basket category under (ii) evidence submitted in support of Certification Requirements which non-subject merchandise may allegations; (iii) publicly available Any party submitting factual enter. Therefore, we cannot rely on CBP information to value factors under 19 information in an AD or CVD entry data in selecting respondents. We CFR 351.408(c) or to measure the proceeding must certify to the accuracy intend instead to issue Q&V adequacy of remuneration under 19 CFR and completeness of that information.34 questionnaires to each potential 351.511(a)(2); (iv) evidence placed on Parties must use the certification respondent for which the petitioner has the record by Commerce; and (v) formats provided in 19 CFR provided a complete address. evidence other than factual information 351.303(g).35 Commerce intends to Producers/exporters of R–125 from described in (i)–(iv). Section 351.301(b) reject factual submissions if the China that do not receive Q&V of Commerce’s regulations requires any submitting party does not comply with questionnaires by mail may still submit party, when submitting factual the applicable certification a response to the Q&V questionnaire information, to specify under which requirements. and can obtain the Q&V questionnaire subsection of 19 CFR 351.102(b)(21) the 30 Notification to Interested Parties from E&C’s website at https:// information is being submitted and, if Interested parties must submit enforcement.trade.gov/questionnaires/ the information is submitted to rebut, applications for disclosure under questionnaires-ad.html. Responses to clarify, or correct factual information administrative protective order in the Q&V questionnaire must be already on the record, to provide an explanation identifying the information accordance with 19 CFR 351.305. submitted by the relevant Chinese already on the record that the factual Parties wishing to participate in this producers/exporters no later than 5:00 information seeks to rebut, clarify, or investigation should ensure that they p.m. ET on February 16, 2021. All Q&V correct.31 Time limits for the responses must be filed electronically submission of factual information are 32 See 19 CFR 351.302. via ACCESS. An electronically filed 33 addressed in 19 CFR 351.301, which See 19 CFR 351; see also Extension of Time document must be received Limits; Final Rule, 78 FR 57790 (September 20, provides specific time limits based on 2013), available at http://www.gpo.gov/fdsys/pkg/ successfully, in its entirety, by ACCESS the type of factual information being no later than 5:00 p.m. ET on the FR-2013-09-20/html/2013-22853.htm. submitted. Interested parties should 34 See section 782(b) of the Act. deadline noted above. Commerce review the regulations prior to 35 See Certification of Factual Information to intends to finalize its decisions Import Administration During Antidumping and regarding respondent selection within Countervailing Duty Proceedings, 78 FR 42678 (July 28 See section 703(a)(1) of the Act. 20 days of publication of this notice. 17, 2013) (Final Rule); see also frequently asked 29 Id. questions regarding the Final Rule, available at 30 See 19 CFR 351.301(b). http://enforcement.trade.gov/tlei/notices/factual_ 27 See Volume I of the Petition at Exhibit I–11. 31 See 19 CFR 351.301(b)(2). info_final_rule_FAQ_07172013.pdf.

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meet the requirements of document DEPARTMENT OF COMMERCE 242.15 percent, based on adverse facts submission procedures (e.g., the filing of available, to these three companies, letters of appearance as discussed at 19 International Trade Administration which are included in the rates table 36 CFR 351.103(d)). Note that Commerce [C–570–968] listed below.5 has temporarily modified certain of its With this notice, we are hereby requirements for serving documents Aluminum Extrusions From the correcting the Final Results by containing business proprietary People’s Republic of China: Notice of providing the complete rates table for all information, until further notice.37 Correction to Final Results of nine companies, which restates the This notice is issued and published Countervailing Duty Administrative subsidy rates for six of the nine pursuant to sections 702 and 777(i) of Review; 2018 the Act, and 19 CFR 351.203(c). companies and includes the additional AGENCY: Enforcement and Compliance, three companies that were inadvertently Dated: February 1, 2021. International Trade Administration, omitted from the rates table in the Final Christian Marsh, Department of Commerce. Results (i.e., Shenyang Yuanda, Summit, Acting Assistant Secretary for Enforcement SUMMARY: The Department of Commerce and Wenzhou Yongtai). and Compliance. (Commerce) is issuing a correction to Corrected Final Results of Appendix the previously published Federal Administrative Review Scope of the Investigation Register notice of the final results of the countervailing duty administrative The merchandise covered by this As stated in the Final Results, and in investigation is pentafluoroethane (R–125), or review on aluminum extrusions from accordance with 19 CFR 351.221(b)(5), its chemical equivalent, regardless of form, the People’s Republic of China (China) we determine the following final net type or purity level. R–125 has the Chemical covering the period January 1, 2018, subsidy rates for the 2018 through December 31, 2018, which Abstracts Service (CAS) registry number of administrative review: 6 354–33–6 and the chemical formula C2HF5. inadvertently omitted certain R–125 is also referred to as companies. Final Pentafluoroethane, Genetron HFC 125, DATES: Applicable February 8, 2021. ad valorem Khladon 125, Suva 125, Freon 125, and Fc- Company rate 125. Subject merchandise includes R–125, FOR FURTHER INFORMATION CONTACT: (percent) whether or not incorporated into a blend. Davina Friedmann, AD/CVD When R–125 is blended with other products, Operations, Office VI, Enforcement and Activa International Inc ...... 242.15 only the R–125 component of the mixture is Compliance, International Trade Changzou Tenglong Auto Parts covered by the scope of this investigation. Administration, U.S. Department of Co. Ltd ...... 16.08 Subject merchandise also includes R–125 Commerce, 1401 Constitution Avenue CRRC Changzhou Auto Parts and unpurified R–125 that is processed in a Co. Ltd ...... 242.15 third country or otherwise outside the NW, Washington, DC 20230; telephone: Dongguan Aoda Aluminum Co. customs territory of the United States, (202) 482–0698. Ltd ...... 16.08 including, but not limited to, purifying, SUPPLEMENTARY INFORMATION: blending, or any other processing that would Guangdong Xingfa Aluminum not otherwise remove the merchandise from Correction Co., Ltd ...... 242.15 the scope of this investigation if performed On January 22, 2021, Commerce Precision Metal Works Ltd ...... 242.15 in the country of manufacture of the in-scope published the Final Results in the Shenyang Yuanda Aluminum R–125. The scope also includes R–125 that is 1 Industry Engineering Co. Federal Register. The Final Results Ltd 7 ...... 242.15 commingled with R–125 from sources not covered nine companies under subject to this investigation. Only the subject Summit Heat Sinks Metal Co, component of such commingled products is administrative review and intended to Ltd 8 ...... 242.15 covered by the scope of this investigation. convey the final subsidy rates assigned Wenzhou Yongtai Electric Co. Excluded from the current scope is to all nine companies in a rates table.2 Ltd 9 ...... 242.15 merchandise covered by the scope of the However, Commerce inadvertently antidumping order on Hydrofluorocarbon omitted from the rates table three of the This notice serves as a correction to Blends from the People’s Republic of China. nine companies to which it assigned the Final Results and is published in See Hydrofluorocarbon Blends from the final subsidy rates.3 Those companies accordance with 751(a) and 777(i) of the People’s Republic of China: Antidumping are: Shanyang Yuanda Aluminum Duty Order, 81 FR 55436 (August 19, 2016) Industry Engineering Co. Ltd. (Shenyang Tariff Act of 1930, as amended. (the Blends Order). Dated: February 1, 2021. R–125 is classified under Harmonized Yuanda); Summit Heat Sinks Metal Co, Tariff Schedule of the United States (HTSUS) Ltd. (Summit); and Wenzhou Yongtai Christian Marsh, 4 subheading 2903.39.2035. Merchandise Electric Co. Ltd. (Wenzhou Yongtai). In Acting Assistant Secretary for Enforcement subject to the scope may also be entered the Final Results Commerce made no and Compliance. under HTSUS subheadings 2903.39.2045 and changes to its preliminary results, and [FR Doc. 2021–02528 Filed 2–5–21; 8:45 am] 3824.78.0020. The HTSUS subheadings and thus continued to assign the rate of CAS registry number are provided for BILLING CODE 3510–DS–P convenience and customs purposes. The 1 See Aluminum Extrusions from the People’s written description of the scope of the Republic of China: Final Results of the 5 See Final Results, 86 FR at 6630; see also investigation is dispositive. Countervailing Duty Administrative Review and Preliminary Results, 85 FR at 47351. Rescission of Review, in Part, 2018, 86 FR 6630 6 See Preliminary Results; see also Memorandum, [FR Doc. 2021–02530 Filed 2–5–21; 8:45 am] (January 22, 2021) (Final Results). ‘‘Administrative Review of Countervailing Duty BILLING CODE 3510–DS–P 2 Id., 86 FR at 6631. Order on Aluminum Extrusions from the People’s 3 Id; see also Aluminum Extrusions from the Republic of China: AFA Calculation Memorandum 36 See Antidumping and Countervailing Duty People’s Republic of China: Final Results of the for the Preliminary Results of Review; 2018,’’ dated Proceedings: Documents Submission Procedures; Countervailing Duty Administrative Review, August 28, 2020. APO Procedures, 73 FR 3634 (January 22, 2008). Rescission of Review, in Part, and Intent to Rescind, 7 This company was inadvertently omitted from 37 See Temporary Rule Modifying AD/CVD in Part; 2018, 85 FR 47349 (August 5, 2020) the rates table in the Final Results. Service Requirements Due to COVID–19; Extension (Preliminary Results). 8 Id. of Effective Period, 85 FR 41363 (July 10, 2020). 4 See Preliminary Results, 85 FR at 47350. 9 Id.

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DEPARTMENT OF COMMERCE generally be posted online at meaning of key terms such as ‘‘take,’’ www.fisheries.noaa.gov/permit/ ‘‘harassment,’’ and ‘‘negligible impact’’ National Oceanic and Atmospheric incidental-take-authorizations-under- can be found in section 3 of the MMPA Administration marine-mammal-protection-act without (16 U.S.C. 1362) and the agency’s change. All personal identifying regulations at 50 CFR 216.103. [RTID 0648–XA832] information (e.g., name, address) NMFS’ regulations implementing the Takes of Marine Mammals Incidental to voluntarily submitted by the commenter MMPA at 50 CFR 216.107(e) indicate Specified Activities; Taking Marine may be publicly accessible. Do not that IHAs may be renewed for Mammals Incidental to the Parallel submit confidential business additional periods of time not to exceed Thimble Shoal Tunnel Project in information or otherwise sensitive or one year for each reauthorization. In the Virginia Beach, Virginia protected information. notice of proposed IHA for the initial FOR FURTHER INFORMATION CONTACT: Ben authorization, NMFS described the AGENCY: National Marine Fisheries Laws, Office of Protected Resources, circumstances under which we would Service (NMFS), National Oceanic and NMFS, (301) 427–8401. Electronic consider issuing a Renewal for this Atmospheric Administration (NOAA), copies of the original application, activity, and requested public comment Commerce. Renewal request, and supporting on a potential Renewal under those ACTION: Notice; request for comments on documents (including NMFS Federal circumstances. Specifically, on a case- proposed Renewal incidental Register notices of the original proposed by-case basis, NMFS may issue a one- harassment authorization. and final authorizations, and the time, one-year Renewal IHA following previous IHA), as well as a list of the notice to the public providing an SUMMARY: NMFS has received a request references cited in this document, may additional 15 days for public comments when (1) up to another year of identical, from the Chesapeake Tunnel Joint be obtained online at: or nearly identical, activities as Venture (CTJV) for the Renewal of their www.fisheries.noaa.gov/national/ described in the Description of the currently active incidental harassment marine-mammal-protection/incidental- Specified Activities and Anticipated authorization (IHA) to take marine take-authorizations-construction- Impacts section of this notice is planned mammals incidental to Parallel Thimble activities. In case of problems accessing or (2) the activities as described in the Shoal Tunnel Project (PTST) in Virginia these documents, please call the contact Description of the Specified Activities Beach, Virginia. These activities are listed above. identical to those covered in the current and Anticipated Impacts section of this SUPPLEMENTARY INFORMATION: authorization. The project has notice would not be completed by the experienced delays and most of the Background time the IHA expires and a Renewal would allow for completion of the work covered in the initial IHA will not The Marine Mammal Protection Act be completed by the time it expires. activities beyond that described in the (MMPA) prohibits the ‘‘take’’ of marine Dates and Duration section of the notice Pursuant to the Marine Mammal mammals, with certain exceptions. Protection Act, prior to issuing the of proposed IHA for the initial IHA, Sections 101(a)(5)(A) and (D) of the provided all of the following conditions currently active IHA, NMFS requested MMPA (16 U.S.C. 1361 et seq.) direct comments on both the proposed IHA are met: the Secretary of Commerce (as delegated • A request for renewal is received no and the potential for renewing the to NMFS) to allow, upon request, the initial authorization if certain later than 60 days prior to the needed incidental, but not intentional, taking of Renewal IHA effective date (recognizing requirements were satisfied. The small numbers of marine mammals by Renewal requirements have been that the Renewal IHA expiration date U.S. citizens who engage in a specified cannot extend beyond one year from satisfied, and NMFS is now providing activity (other than commercial fishing) an additional 15-day comment period to expiration of the initial IHA). within a specified geographical region if • The request for renewal must allow for any additional comments on certain findings are made and either the proposed Renewal not previously include the following: regulations are issued or, if the taking is (1) An explanation that the activities provided during the initial 30-day limited to harassment, a notice of a comment period. to be conducted under the requested proposed incidental take authorization Renewal IHA are identical to the DATES: Comments and information must is provided to the public for review. activities analyzed under the initial be received no later than February 23, Authorization for incidental takings IHA, are a subset of the activities, or 2021. shall be granted if NMFS finds that the include changes so minor (e.g., ADDRESSES: Comments should be taking will have a negligible impact on reduction in pile size) that the changes addressed to Jolie Harrison, Chief, the species or stock(s) and will not have do not affect the previous analyses, Permits and Conservation Division, an unmitigable adverse impact on the mitigation and monitoring Office of Protected Resources, National availability of the species or stock(s) for requirements, or take estimates (with Marine Fisheries Service and should be taking for subsistence uses (where the exception of reducing the type or submitted via email to ITP.Laws@ relevant). Further, NMFS must prescribe amount of take). noaa.gov. the permissible methods of taking and (2) A preliminary monitoring report Instructions: NMFS is not responsible other ‘‘means of effecting the least showing the results of the required for comments sent by any other method, practicable adverse impact’’ on the monitoring to date and an explanation to any other address or individual, or affected species or stocks and their showing that the monitoring results do received after the end of the comment habitat, paying particular attention to not indicate impacts of a scale or nature period. Comments, including all rookeries, mating grounds, and areas of not previously analyzed or authorized. attachments, must not exceed a 25- similar significance, and on the Upon review of the request for megabyte file size. Attachments to availability of such species or stocks for Renewal, the status of the affected comments will be accepted in Microsoft taking for certain subsistence uses species or stocks, and any other Word or Excel or Adobe PDF file (referred to here as ‘‘mitigation pertinent information, NMFS formats only. All comments received are measures’’). Monitoring and reporting of determines that there are no more than a part of the public record and will such takings are also required. The minor changes in the activities, the

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mitigation and monitoring measures application was deemed adequate and Planned construction associated with will remain the same and appropriate, complete on October 11, 2019. The the initial IHA included the driving of and the findings in the initial IHA CTJV’s request is for take of harbor seal 812 piles over 198 days as shown below: remain valid. (Phoca vitulina), gray seal (Halichoerus • 180 12-inch timber piles An additional public comment period grypus), bottlenose dolphin (Tursiops • 74 36-inch steel pipe piles of 15 days (for a total of 45 days), with truncatus), harbor porpoise (Phocoena • 500 36-inch interlocked pipes direct notice by email, phone, or postal phocoena) and humpback whale • 58 42-inch steel casings service to commenters on the initial (Megaptera novaeangliae) by Level A Of these planned activities, under the IHA, is provided to allow for any and Level B harassment. We published initial IHA CTJV installed a total of 76 additional comments on the proposed a notice of a proposed IHA and request 36-inch pipe piles and installed and Renewal. A description of the Renewal for comments on November 25, 2019 (84 removed 58 42-inch steel casings over process may be found on our website at: FR 64847) and subsequently published approximately 64 construction days. www.fisheries.noaa.gov/national/ the final notice of our issuance of the Additionally, 52 36-inch interlocking marine-mammal-protection/incidental- IHA on March 20, 2020 (85 FR 16061), pipe piles have been eliminated from harassment-authorization-renewals. effective from March 10, 2020, through the construction plan. This is due to a Any comments received on the potential March 9, 2021. This IHA was expected design change which increased the Renewal, along with relevant comments to cover one year of an anticipated 5- elevation of stone placement on the on the initial IHA, have been considered year project. West berm on Portal Island 1, in the development of this proposed On December 15, 2020, NMFS decreasing the number of piles being IHA Renewal, and a summary of agency received an application for the Renewal installed below Mean High Water responses to applicable comments is of the initial IHA. As described in the (MHW). Remaining piles will be included in this notice. NMFS will request for the Renewal IHA, the installed using impact driving, vibratory consider any additional public activities for which incidental take is driving and drilling with down-the-hole comments prior to making any final requested are identical to, and consist of (DTH) hammers. Some piles will be decision on the issuance of the a subset of, those covered in the initial removed via vibratory hammer. requested Renewal, and agency authorization. In order to consider an Accounting for work conducted under responses will be summarized in the IHA Renewal, NMFS requires the the initial IHA and the planned design final notice of our decision. applicant provide a preliminary change resulting in a reduction in total monitoring report which confirms that piles, CTJV plans to drive 684 piles over National Environmental Policy Act the applicant has implemented the an estimated 140 days under this To comply with the National required mitigation and monitoring, and proposed Renewal IHA. Environmental Policy Act of 1969 which also shows that no impacts of a Similarly, the anticipated impacts are (NEPA; 42 U.S.C. 4321 et seq.) and scale or nature not previously analyzed identical to those described in the initial NOAA Administrative Order (NAO) or authorized have occurred as a result IHA. NMFS anticipates the take of the 216–6A, NMFS must review our of the activities conducted. NMFS has same five species of marine mammal proposed action (i.e., the issuance of an reviewed CTJV’s preliminary (harbor seal, gray seal, bottlenose incidental harassment authorization) monitoring report and has preliminarily dolphin, harbor porpoise, and with respect to potential impacts on the determined that CTJV’s proposed humpback whale) by Level A and Level human environment. activities (including mitigation, B harassment incidental to underwater This action is consistent with monitoring, and reporting), estimated noise resulting from construction categories of activities identified in incidental take, and anticipated impacts associated with the proposed activities. Categorical Exclusion B4 (IHAs with no on the affected stocks are the same as The following documents are anticipated serious injury or mortality) those analyzed and authorized through referenced in this notice and include of the Companion Manual for NOAA the initial IHA. However, NMFS is important supporting information: Administrative Order 216–6A, which do requesting comments or additional • Initial final IHA (85 FR 16061; not individually or cumulatively have information that may further inform our March 20, 2020); the potential for significant impacts on proposal to issue an IHA Renewal to • Initial proposed IHA (84 FR 64847; the quality of the human environment CTJV. This IHA Renewal would be valid November 25, 2019); and and for which we have not identified for a period of one year. • 2019 IHA application, references cited, and previous public comments any extraordinary circumstances that Description of the Specified Activities received (available at would preclude this categorical and Anticipated Impacts exclusion. Accordingly, NMFS has www.fisheries.noaa.gov/national/ preliminarily determined that the CTJV’s planned activities include marine-mammal-protection/incidental- issuance of the proposed IHA Renewal construction associated with the PTST take-authorizations-construction- qualifies to be categorically excluded project. Specifically, the location, activities). timing, and nature of the activities, from further NEPA review. Detailed Description of the Activity We will review all comments including the types of equipment submitted in response to this notice planned for use, are identical to those The PTST project entails construction prior to concluding our NEPA process described in the original IHA. The of a two-lane parallel tunnel to the west or making a final decision on the IHA project consists of the construction of a of the existing Thimble Shoal Tunnel. Renewal request. two-lane parallel tunnel to the west of The new parallel two-lane tunnel is the existing Thimble Shoal Tunnel, 6,350 feet (ft) (1935.5 meter (m)) in History of Request connecting Portal Island Nos. 1 and 2 of overall total length with 5,356 linear ft On May 24, 2019, NMFS received a the CBBT facility which extends across (1632.5 m) located below MHW. request from the CTJV for an IHA to take the mouth of the Chesapeake Bay near Remaining proposed in-water activities marine mammals incidental to pile Virginia Beach, Virginia. The PTST to be covered under this Renewal driving and removal at the Chesapeake project will address existing constraints include the following: Bay Bridge and Tunnel (CBBT) near to regional mobility based on current • Mooring dolphins: An estimated Virginia Beach, Virginia. The traffic volume along the facility. 180 12-inch timber piles will be used for

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construction of the temporary mooring November 25, 2019). Location, timing activities for which take is proposed dolphins (120 piles at Portal Island No. (e.g., seasonality), and nature of the pile here may be found in the Federal 1 and 60 piles at Portal Island No. 2) driving operations, including the type Register notice for the proposed initial and will be installed and removed using and size of piles and the methods of pile IHA (84 FR 64847; November 25, 2019). a vibratory hammer. However, should driving, are identical to those analyzed NMFS has reviewed recent draft Stock refusal be encountered prior to design in the initial IHA. The proposed IHA Assessment Reports, information on tip elevation when driving with the Renewal would be effective for a period relevant Unusual Mortality Events, and vibratory hammer an impact hammer of one year. other scientific literature, and will be used to drive the remainder of determined that neither this nor any Description of Marine Mammals the pile length. No bubble curtains will other new information affects our initial be utilized for the installation of the A description of the marine mammals analysis of impacts on marine mammals timber piles; in the area of the activities for which and their habitat. • Construction of temporary Omega authorization of take is proposed here, Estimated Take trestle: 28 in-water 36-inch diameter including information on abundance, steel pipe piles will be installed at status, distribution, and hearing, may be A detailed description of the methods Portal Island 2; found in the Federal Register notice for and inputs used to estimate take for the • Construction of two engineered the proposed IHA for the initial specified activity are found in the berms requiring 202 36-inch steel authorization (84 FR 64847; November Federal Register notice for the proposed interlocked pipe piles (81 on west side; 25, 2019). Updated information and final initial IHAs (84 FR 64847; 121 on east side) for Portal Island 1 and regarding stock abundance was November 25, 2019 and 85 FR 16061; 246 piles of the same size and type (124 provided in the Federal Register notice March 20, 2020). Specifically, the piles on west side; 122 on east side) for announcing issuance of the initial IHA source levels and marine mammal Portal Island 2. Construction methods (85 FR 16061; March 20, 2020). NMFS occurrence data applicable to this will include impact pile driving as well has reviewed recent draft Stock authorization remain unchanged from as casing advancement by DTH hammer. Assessment Reports, information on the previously issued IHA, with the Interlocked pipe piles will be installed relevant Unusual Mortality Events, and exception of the small amount of work through the use of DTH drilling other scientific literature. The draft 2020 completed. CTJV conducted equipment. Once the pipes are Stock Assessment Report states that approximately 64 days of the planned advanced through the rock layer using estimated abundance has increased for work and has eliminated a small the DTH technology, they are driven to the Gulf of Maine stock of humpback number of originally planned piles, final grade via traditional impact whales, from 1,380 (CV = 0) to 1,393 reducing the approximate total number driving methods; and (CV = 0.15). NMFS has preliminarily of operational days for this proposed • Vibratory installation and removal determined that neither this nor any Renewal IHA. However, because the of 12 36-inch steel pipe piles at Portal other new information affects which take numbers developed for most Island 1 and 16 piles at Portal Island 2 species or stocks have the potential to species for which take is proposed for on both sides of the new tunnel be affected or the pertinent information authorization involve qualitative alignment for settlement mitigation, in the Description of the Marine elements and because the reduction in support of excavation, and to facilitate Mammals in the Area of Specified total days would not result in a flowable fill placement. Activities contained in the supporting substantive decrease in the take number Some in-water construction activities documents for the initial IHA. for bottlenose dolphin, we carry forward would occur simultaneously. A detailed the take numbers unchanged for this Potential Effects on Marine Mammals description of the construction activities proposed Renewal IHA. The stocks and their Habitat for which authorization of take is taken, methods of take, and types of take proposed here may be found in the A description of the potential effects remain unchanged from the previously Federal Register notice of proposed IHA of the specified activity on marine issued IHA, as do the number of takes, for the 2020 authorization (84 FR 64847; mammals and their habitat for the which are indicated below in Table 1.

TABLE 1—ESTIMATED TAKE PROPOSED FOR AUTHORIZATION AND PROPORTION OF POPULATION POTENTIALLY AFFECTED

Percentage of Species Stock Level A takes Level B takes stock

Humpback whale ...... Gulf of Maine ...... 12 0.9 Harbor porpoise ...... Gulf of Maine/Bay of Fundy ...... 5 7 <0.01 Bottlenose dolphin ...... WNA Coastal, Northern Migratory ...... 142 14,095 * <33 WNA Coastal, Southern Migratory ...... 142 14,095 * <33 NNCES ...... 2 198 24 Harbor seal ...... Western North Atlantic ...... 1,296 2,124 4.5 Gray seal ...... Western North Atlantic ...... 1 3 <0.01

Description of Proposed Mitigation, March 20, 2020), and the discussion of Proposed Mitigation Requirements Monitoring and Reporting Measures the least practicable adverse impact In summary, mitigation includes The proposed mitigation, monitoring, included in that document remains implementation of shutdown and reporting measures included as accurate. The following measures are procedures if any marine mammal requirements in this authorization are proposed for this renewal: approaches or enters the established identical to those included in the shutdown zones. Shutdown zones for Federal Register notice announcing the species authorized for take are as issuance of the initial IHA (85 FR 16061; follows: 100 meters for harbor porpoise

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and bottlenose dolphin; 15 meters for Public Comments information and analysis contained here harbor seal and gray seal. For humpback As noted previously, NMFS published and in the referenced documents, NMFS whale, shutdown distances correspond a notice of a proposed IHA (84 FR has determined the following: (1) The with the estimated Level A harassment 64847; November 25, 2019) and required mitigation measures will effect zones and are dependent on activity solicited public comments on both our the least practicable impact on marine type. For in-water heavy machinery proposal to issue the initial IHA for mammal species or stocks and their work other than pile driving, if a marine CTJV’s construction activities and on habitat; (2) the authorized takes will mammal comes within 10 m, operations the potential for a Renewal IHA, should have a negligible impact on the affected must cease and vessels must reduce certain requirements be met. marine mammal species or stocks; (3) speed to the minimum level required to All public comments were addressed the authorized takes represent small maintain steerage and safe working in the notice announcing the issuance of numbers of marine mammals relative to conditions. One trained observer must the initial IHA (85 FR 16061; March 20, monitor to implement shutdowns and the affected stock abundances; (4) 2020). Below, we describe how we have collect information at each active pile CTJV’s activities will not have an addressed, with updated information driving location (whether vibratory or unmitigable adverse impact on taking where appropriate, any comments impact driving of steel or concrete for subsistence purposes as no relevant received that specifically pertain to the piles). subsistence uses of marine mammals are Soft start procedures must be Renewal of the initial IHA. implicated by this action, and; (5) implemented at the start of each day’s Comment: The Marine Mammal appropriate monitoring and reporting impact pile driving and at any time Commission expressed continuing requirements are included. following cessation of impact driving for concern with NMFS’ use of the Renewal a period of thirty minutes or longer. Use process. Endangered Species Act Response: In prior responses to of an air bubble curtain system will be Section 7(a)(2) of the Endangered implemented by the CTJV during impact comments about IHA Renewals (e.g., 84 FR 52464; October 02, 2019 and 85 FR Species Act of 1973 (ESA: 16 U.S.C. driving of 36-inch steel piles except in 1531 et seq.) requires that each Federal water less than 10 ft in depth. 53342; August 28, 2020), NMFS has explained how the Renewal process, as agency insure that any action it Proposed Monitoring Requirements implemented, is consistent with the authorizes, funds, or carries out is not The CTJV will be required to station statutory requirements contained in likely to jeopardize the continued between two and four PSOs at locations section 101(a)(5)(D) of the MMPA, existence of any endangered or offering the best available views of the provides additional efficiencies beyond threatened species or result in the monitoring zones. At least two PSOs the use of abbreviated notices, and, destruction or adverse modification of will be required to monitor before, further, promotes NMFS’ goals of designated critical habitat. No during, and after the pile-driving and improving conservation of marine incidental take of ESA-listed marine -removal activities. At least one PSO mammals and increasing efficiency in mammal species is expected to result must be located in close proximity to the MMPA compliance process. from this activity, and none would be each pile driving rig during active Therefore, we intend to continue authorized. Therefore, NMFS has operation of single or multiple, implementing the Renewal process. determined that consultation under concurrent driving devices. At least one Preliminary Determinations section 7 of the ESA is not required for additional PSO is required at each this action. active driving rig or other location The construction activities proposed providing best possible view if the Level by CTJV are identical to (and a subset Proposed Renewal IHA and Request for B harassment zone and shutdown zones of) those analyzed in the initial IHA, as Public Comment cannot reasonably be observed by one are the method of taking and the effects PSO. of the action. The planned number of As a result of these preliminary days of activity will be slightly reduced determinations, NMFS proposes to issue Proposed Reporting Requirements given the completion of a small portion a Renewal IHA to CTJV for conducting A draft report will be submitted to of the originally planned work. The in-water construction activities NMFS within 90 days of the completion potential effects of CTJV’s activities are associated with the PTST in Virginia of marine mammal monitoring, or 60 limited to Level A and Level B Beach, Virginia, from the date of days prior to the requested date of harassment in the form of auditory issuance for a period of one year, issuance of any future IHA for projects injury and behavioral disturbance. In provided the previously described at the same location, whichever comes analyzing the effects of the activities in mitigation, monitoring, and reporting first. The report will include marine the initial IHA, NMFS determined that requirements are incorporated. A draft mammal observations pre-activity, CTJV’s activities would have a of the proposed and final initial IHA can during-activity, and post-activity during negligible impact on the affected species be found at www.fisheries.noaa.gov/ pile driving days (and associated PSO or stocks and that the authorized take national/marine-mammal-protection/ data sheets), and will also provide numbers of each species or stock were incidental-take-authorizations- descriptions of any behavioral responses small relative to the relevant stocks (e.g., construction-activities. We request to construction activities by marine less than one-third of the abundance of comment on our analyses, the proposed mammals and a complete description of all stocks). The mitigation measures and Renewal IHA, and any other aspect of all mitigation shutdowns and the results monitoring and reporting requirements this notice. Please include with your of those actions and an extrapolated as described above are identical to the comments any supporting data or total take estimate based on the number initial IHA. of marine mammals observed during the NMFS has preliminarily concluded literature citations to help inform our course of construction. A final report that there is no new information final decision on the request for MMPA must be submitted within 30 days suggesting that our analysis or findings authorization. following resolution of comments on the should change from those reached for draft report. the initial IHA. Based on the

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Dated: February 2, 2021. Program may post responses to this RFI, could be an emergency situation where Donna S. Wieting, without change, on a Federal website. only the beacon is available (no user Director, Office of Protected Resources, NOAA, therefore, requests that no manual). National Marine Fisheries Service. business proprietary information, 3. RLS only indicates that the distress [FR Doc. 2021–02467 Filed 2–5–21; 8:45 am] copyrighted information, or personally signal has been received, not that rescue BILLING CODE 3510–22–P identifiable information be submitted in forces have been deployed. Therefore, response to this RFI. the acknowledgement message is not an FOR FURTHER INFORMATION CONTACT: indication of when rescue forces may DEPARTMENT OF COMMERCE SARSAT Program Analyst, Mr. Allan arrive on scene. How should the beacon Knox, NOAA, [email protected], user be provided this information so National Oceanic and Atmospheric 301–817–4144. that they understand what the RLS Administration signal means? Please consider that the SUPPLEMENTARY INFORMATION: user’s first interaction with an RLS Return Link Service Authorization in Background capable beacon could be an emergency the United States Search and Rescue situation where only the beacon is Region The RLS is being provided via the Galileo Global Navigation Satellite available (no user manual). AGENCY: National Environmental System and is designed to provide the 4. There are several RLS related Satellite, Data, and Information Service beacon user in distress an message indications that can be (NESDIS), National Oceanic and acknowledgment message informing displayed to the beacon user; RLS signal Atmospheric Administration (NOAA), them that the alert has been detected sent from beacon, awaiting RLS signal Commerce. and located by the Cospas-Sarsat return, RLS response received, RLS ACTION: Notice and request for public System. signal not received, etc. Which signals comment. The SARSAT Program has should be displayed to the user and how commenced an effort to understand the should they be displayed? Please SUMMARY: The U.S. Search and Rescue benefits and associated risks of RLS consider the user’s first interaction with Satellite Aided Tracking (SARSAT) Type 1 equipped beacons and is an RLS capable beacon could be an Program, which is managed by NOAA soliciting the public through this RFI to emergency situation where only the and assisted by the National obtain input from a wider range of beacon is available (no user manual). Aeronautics and Space Administration, stakeholders, including academia, 5. Are there any other features you the U.S. Air Force, and the U.S. Coast private industry, beacon users and other believe would be advantageous to add to Guard, requests input from all interested relevant organizations and institutions. 406 MHz emergency beacons? persons on the U.S. authorization of The public input provided in response 6. Are there any other comments you Return Link Service (RLS) to this RFI will help inform the would like the U.S. SARSAT Program to acknowledgment Type 1 capable SARSAT Program as it evaluates the consider? Cospas-Sarsat 406 MHz distress authorization of RLS Type 1 equipped Authority: 33 U.S.C. 883(d) and (e). beacons. Through this Request for beacons within the United States. Dated: February 3, 2021. Information (RFI), the SARSAT Program In depth information on RLS Type 1 seeks the public’s views on the Mark W. Turner, equipped beacons can be found at: SARSAT Program Manager. inclusion of this optional feature on https://www.gsc-europa.eu/sites/ [FR Doc. 2021–02509 Filed 2–5–21; 8:45 am] U.S. country-coded beacons. default/files/sites/all/files/Galileo-SAR- DATES: Comments must be received by SDD.pdf. BILLING CODE 3510–HR–P April 30, 2021. Additional information on RLS- ADDRESSES: Responses should be enabled beacons may be viewed at: DEPARTMENT OF COMMERCE submitted via email to sarsat.rls.rfi@ https://cospas-sarsat.int/en/beacon- noaa.gov. Include ‘‘Public Comment on ownership/rls-enabled-beacon- National Oceanic and Atmospheric type approval of RLS beacons’’ in the purchase. Administration subject line of the message. All personal Questions To Inform U.S. SARSAT identifying information (e.g., name, [RTID 0648–XA829] Program Regarding Authorization of address, etc.), confidential business Type 1 RLS Cospas-Sarsat Distress Takes of Marine Mammals Incidental to information, or otherwise sensitive Beacons Specified Activities; Taking Marine information submitted voluntarily by Mammals Incidental to Washington the sender will be publicly accessible. Please consider the following State Department of Transportation NOAA will accept anonymous questions of interest to the SARSAT Purdy Bridge Rehabilitation Project, comments. Clearly indicate which Program when responding: Pierce County, WA question or subject, if applicable, 1. Under nominal conditions, the RLS submitted comments pertain to. All has an inherent period of time between AGENCY: National Marine Fisheries submissions must be in English. Please beacon activation and the Service (NMFS), National Oceanic and note that the U.S. Government will not acknowledgement being received and Atmospheric Administration (NOAA), pay for response preparation, or for the displayed to the person in distress. This Commerce. use of any information contained in the period of time should be within 30 ACTION: Notice; issuance of an incidental response. minutes. Is this acceptable? If not, what harassment authorization. Instructions: Respondents need not is an acceptable time? reply to any or all of the questions 2. What is the best method to ensure SUMMARY: In accordance with the listed. Email attachments will be the user understands that there is a regulations implementing the Marine accepted in plain text, Microsoft Word, period of time before the Mammal Protection Act (MMPA) as or Adobe PDF formats only. Each acknowledgement message is received? amended, notification is hereby given individual or institution is requested to Please consider that the user’s first that NMFS has issued an incidental submit only one response. The SARSAT interaction with an RLS capable beacon harassment authorization (IHA) to the

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Washington State Department of pertaining to the mitigation, monitoring on marine mammals. During the 30-day Transportation (WADOT) to and reporting of the takings are set forth. public comment period, NMFS received incidentally harass, by Level B The definitions of all applicable no public comment or comment letter harassment only, marine mammals MMPA statutory terms cited above are from the Marine Mammal Commission. during construction activities associated included in the relevant sections below. Description of Marine Mammals in the with a Purdy Bridge Rehabilitation Summary of Request Area of Specified Activities Project in Pierce County, WA. DATES: This Authorization is effective On July 27, 2020, NMFS received an Sections 3 and 4 of the application from July 16, 2021 through February 15, application from WADOT requesting an summarize available information 2022. IHA to take small numbers of six species regarding status and trends, distribution FOR FURTHER INFORMATION CONTACT: of marine mammals incidental to pile and habitat preferences, and behavior Dwayne Meadows, Ph.D., Office of driving and removal associated with the and life history, of the potentially Protected Resources, NMFS, (301) 427– Purdy Bridge Rehabilitation Project. The affected species. Additional information 8401. Electronic copies of the application was deemed adequate and regarding population trends and threats application and supporting documents, complete on December 1, 2020. may be found in NMFS’s Stock as well as a list of the references cited WADOT’s request is for take of a small Assessment Reports (SARs; https:// in this document, may be obtained number of each species by Level B www.fisheries.noaa.gov/national/ online at: https:// harassment. Neither WADOT nor NMFS marine-mammal-protection/marine- www.fisheries.noaa.gov/permit/ expects serious injury or mortality to mammal-stock-assessments) and more incidental-take-authorizations-under- result from this activity and, therefore, general information about these species marine-mammal-protection-act. In case an IHA is appropriate. (e.g., physical and behavioral of problems accessing these documents, Description of Specified Activity descriptions) may be found on NMFS’s please call the contact listed above. website (https:// Overview SUPPLEMENTARY INFORMATION: www.fisheries.noaa.gov/find-species). The purpose of the project is to Table 1 lists all species with expected Background rehabilitate the 2 in-water support piers potential for occurrence in the project The MMPA prohibits the ‘‘take’’ of of the State Route 302 Purdy Bridge by area and summarizes information marine mammals, with certain removing the top 3 inches (7.5 related to the population or stock, exceptions. Sections 101(a)(5)(A) and centimeter (cm)) of decaying concrete including regulatory status under the (D) of the MMPA (16 U.S.C. 1361 et on each support pier and replacing with MMPA and Endangered Species Act seq.) direct the Secretary of Commerce fiberglass reinforced concrete. Twenty (ESA) and potential biological removal (as delegated to NMFS) to allow, upon steel H piles and 44 sheetpiles will be (PBR), where known. For taxonomy, we request, the incidental, but not driven to create a caisson-like follow Committee on Taxonomy (2020). intentional, taking of small numbers of dewatered structures around the bridge PBR is defined by the MMPA as the marine mammals by U.S. citizens who piers to allow the work to be completed. maximum number of animals, not engage in a specified activity (other than Once the work on the piers is completed including natural mortalities, that may commercial fishing) within a specified the piles will be removed. A needle gun be removed from a marine mammal geographical region if certain findings will be used to remove 3 inches (7.5 cm) stock while allowing that stock to reach are made and either regulations are of decayed concrete from the two in- or maintain its optimum sustainable issued or, if the taking is limited to water bridge piers. Pile driving/removal population (as described in NMFS’s harassment, a notice of a proposed and concrete removal is expected to take SARs). While no mortality is anticipated incidental take authorization may be no more than 20 days. Pile driving/ or authorized here, PBR and annual provided to the public for review. removal would be by vibratory pile serious injury and mortality from Authorization for incidental takings driving. A detailed description of the anthropogenic sources are included here shall be granted if NMFS finds that the planned project is provided in the as gross indicators of the status of the taking will have a negligible impact on Federal Register notice for the proposed species and other threats. the species or stock(s) and will not have IHA (85 FR 81886; December 17, 2020). Marine mammal abundance estimates an unmitigable adverse impact on the Since that time, no changes have been presented in this document represent availability of the species or stock(s) for made to the planned activities. the total number of individuals that taking for subsistence uses (where Therefore, a detailed description is not make up a given stock or the total relevant). Further, NMFS must prescribe provided here. Please refer to that number estimated within a particular the permissible methods of taking and Federal Register notice for the study or survey area. NMFS’s stock other ‘‘means of effecting the least description of the specific activity. abundance estimates for most species practicable adverse impact’’ on the represent the total estimate of affected species or stocks and their Comments and Response individuals within the geographic area, habitat, paying particular attention to A notice of NMFS’s proposal to issue if known, that comprises that stock. For rookeries, mating grounds, and areas of an IHA to WADOT was published in the some species, this geographic area may similar significance, and on the Federal Register on December 17, 2020 extend beyond U.S. waters. All managed availability of the species or stocks for (85 FR 81886). That notice described, in stocks in this region are assessed in taking for certain subsistence uses detail, WADOT’s activity, the marine NMFS’s U.S. Pacific or Alaska SARs (referred to in shorthand as mammal species that may be affected by (e.g., Caretta et al., 2020; Muto et al., ‘‘mitigation’’); and requirements the activity, and the anticipated effects 2020).

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TABLE 1—SPECIES THAT SPATIALLY CO-OCCUR WITH THE ACTIVITY TO THE DEGREE THAT TAKE IS REASONABLY LIKELY TO OCCUR

ESA/ MMPA Stock abundance Annual Common name Scientific name Stock status; (CV, N , most recent PBR min M/SI 3 strategic abundance survey) 2 (Y/N) 1

Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

Family Eschrichtiidae: Gray Whale ...... Eschrichtius robustus ..... Eastern North Pacific ...... -, -, N 26,960 (0.05, 25,849, 2016) ..... 801 138

Order Cetartiodactyla—Cetacea—Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

Family Delphinidae: Short-beaked Common Dol- Delphinus delphis ...... California/Oregon/Washington .. -, -, N 969,861 (0.17, 839,325, 2014) 8393 >40 phin. Family Phocoenidae (por- poises): Harbor porpoise ...... Phocoena phocoena ...... Washington Inland Waters ...... -, -, N 11,233 (0.37, 8,308, 2015) ...... 66 ≥7.2

Order Carnivora—Superfamily Pinnipedia

Family Otariidae (eared seals and sea lions): California Sea Lion ...... Zalophus californianus ... United States ...... -, -, N 257,606 (N/A, 233,515, 2014) .. 14,011 >321 Steller Sea Lion ...... Eumetopias jubatus ...... Eastern DPS...... -, -, N 43,201 a (see SAR, 43,201, 2592 112 2017). Family Phocidae (earless seals): Harbor Seal ...... Phoca vitulina ...... Southern Puget Sound ...... -, -, N UNK (UNK, UNK, 1999) ...... UND 3.4 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assess- ments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. UNK –Unknown, UND—Undetermined. 3 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fish- eries, ship strike). Annual Mortality/Serious Injury (M/SI) often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases.

Harbor seal, California sea lion, and refer to NMFS’ website (https:// Except with respect to certain activities Harbor porpoise spatially co-occur with www.fisheries.noaa.gov/find-species) for not pertinent here, section 3(18) of the the activity to the degree that take is generalized species accounts. MMPA defines ‘‘harassment’’ as any act reasonably likely to occur, and we have of pursuit, torment, or annoyance, Potential Effects of Specified Activities authorized it. For gray whale, Steller sea which (i) has the potential to injure a on Marine Mammals and Their Habitat lion, and short-beaked common marine mammal or marine mammal dolphin, occurrence is such that take is The effects of underwater noise from stock in the wild (Level A harassment); possible, and we have authorized it. WADOT’s construction activities have or (ii) has the potential to disturb a Transient killer whales (Orcinus orca) the potential to result in behavioral marine mammal or marine mammal spatially co-occur with the activity to harassment of marine mammals in the stock in the wild by causing disruption the degree that take is possible, while vicinity of the survey area. The notice of behavioral patterns, including, but Southern Resident killer whales and of proposed IHA (85 FR 81886; not limited to, migration, breathing, humpback whales (Megaptera December 17, 2020) included a nursing, breeding, feeding, or sheltering novaeangliae) are very rare visitors to discussion of the effects of (Level B harassment). the area. Work will be shutdown if any anthropogenic noise on marine Authorized takes would be by Level B of these species approach the Level B mammals and the potential effects of harassment, as use of the acoustic harassment zone, so take is not underwater noise from the WADOT’s source (i.e., vibratory pile driving/ requested for these species and they are construction activities on marine removal and needle gun) has the not further discussed. A detailed mammals and their habitat. That potential to result in disruption of description of the species likely to be information and analysis is incorporated behavioral patterns for individual affected by the project, including brief by reference into this final IHA marine mammals. Based on the nature introductions to the species and determination and is not repeated here; of the activity and the anticipated relevant stocks as well as available please refer to the notice of proposed effectiveness of the mitigation measures information regarding population trends IHA (85 FR 81886; December 17, 2020). (i.e., shutdown)—discussed in detail and threats, and information regarding below in Mitigation section, Level A Estimated Take local occurrence, were provided in the harassment is not authorized. Federal Register notice for the proposed This section provides an estimate of As described previously, no mortality IHA (85 FR 81886; December 17, 2020); the number of incidental takes is authorized for this activity. Below we since that time, we are not aware of any authorized through this IHA, which will describe how the take is estimated. changes in the status of these species inform both NMFS’ consideration of Generally speaking, we estimate take and stocks; therefore, detailed ‘‘small numbers’’ and the negligible by considering: (1) Acoustic thresholds descriptions are not provided here. impact determination. above which NMFS believes the best Please refer to that Federal Register Harassment is the only type of take available science indicates marine notice for these descriptions. Please also expected to result from these activities. mammals will be behaviorally harassed

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or incur some degree of permanent Threshold Shift (PTS) of some degree sounds, NMFS predicts that harbor seals hearing impairment; (2) the area or (equated to Level A harassment). exposed above received levels of 90 dB volume of water that will be ensonified Thresholds have also been developed re 20 mPa (rms) will be behaviorally above these levels in a day; (3) the identifying the received level of in-air harassed, and other pinnipeds will be density or occurrence of marine sound above which exposed pinnipeds harassed when exposed above 100 dB re mammals within these ensonified areas; would likely be behaviorally harassed. 20 mPa (rms). and, (4) and the number of days of Level B Harassment for non-explosive WADOT’s proposed activity includes activities. We note that while these sources—Though significantly driven by the use of continuous (vibratory pile- basic factors can contribute to a basic received level, the onset of behavioral driving and removal in water and calculation to provide an initial disturbance from anthropogenic noise needle guns in air) sources, and prediction of takes, additional exposure is also informed to varying therefore the 120 dB re 1 mPa (rms) information that can qualitatively degrees by other factors related to the threshold is applicable in water and the inform take estimates is also sometimes pinniped thresholds are applicable in available (e.g., previous monitoring source (e.g., frequency, predictability, duty cycle), the environment (e.g., air. results or average group size). Below, we Level A harassment for non-explosive describe the factors considered here in bathymetry), and the receiving animals (hearing, motivation, experience, sources—NMFS’ Technical Guidance more detail and present the take for Assessing the Effects of estimate. demography, behavioral context) and Anthropogenic Sound on Marine The effect of needle guns is unclear as can be difficult to predict (Southall et Mammal Hearing (Version 2.0) we have not recently authorized take by al., 2007, Ellison et al., 2012). Based on this method in these circumstances. what the available science indicates and (Technical Guidance, 2018) identifies Given the relatively low source level for the practical need to use a threshold dual criteria to assess auditory injury needle guns and small ensonified areas based on a factor that is both predictable (Level A harassment) to five different discussed below, there is some and measurable for most activities, marine mammal groups (based on uncertainty about whether take will NMFS uses a generalized acoustic hearing sensitivity) as a result of occur from this activity. However, in threshold based on received level to exposure to noise from two different consideration of the applicant’s request estimate the onset of behavioral types of sources (impulsive or non- and the predicted source levels, we harassment. NMFS predicts that marine impulsive). WADOT’s activity includes conservatively authorize some take for mammals are likely to be behaviorally the use of non-impulsive (vibratory pile this project. harassed in a manner we consider Level driving/removal) sources. B harassment when exposed to These thresholds are provided in Acoustic Thresholds underwater anthropogenic noise above Table 2. The references, analysis, and NMFS recommends the use of received levels of 120 decibel (dB) re 1 methodology used in the development acoustic thresholds that identify the microPascal (mPa) (root mean square of the thresholds are described in NMFS received level of underwater sound (rms)) for continuous (e.g., vibratory 2018 Technical Guidance, which may above which exposed marine mammals pile-driving) and above 160 dB re 1 mPa be accessed at https:// would be reasonably expected to be (rms) for non-explosive impulsive (e.g., www.fisheries.noaa.gov/national/ behaviorally harassed (equated to Level impact pile driving) or intermittent (e.g., marine-mammal-protection/marine- B harassment) or to incur Permanent scientific sonar) sources. For in-air mammal-acoustic-technical-guidance.

TABLE 2—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT

PTS onset acoustic thresholds Hearing group (received level) Non-impulsive

Low-Frequency (LF) Cetaceans ...... Cell 2: LE,LF,24h: 199 dB. Mid-Frequency (MF) Cetaceans ...... Cell 4: LE,MF,24h: 198 dB. High-Frequency (HF) Cetaceans ...... Cell 6: LE,HF,24h: 173 dB. Phocid Pinnipeds (PW) (Underwater) ...... Cell 8: LE,PW,24h: 201 dB. Otariid Pinnipeds (OW) (Underwater) ...... Cell 10: LE,OW,24h: 219 dB.

2 Note: Cumulative sound exposure level (LE) has a reference value of 1μPa s. In this Table, thresholds are abbreviated to reflect American Na- tional Standards Institute standards (ANSI 2013). The subscript associated with cumulative sound exposure level thresholds indicates the des- ignated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accu- mulation period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these acoustic thresh- olds will be exceeded.

Ensonified Area proposed project. Marine mammals are method vary depending on the type and expected to be affected via sound size of the pile. Here, we describe operational and generated by the primary components of In order to calculate distances to the environmental parameters of the activity the project (i.e., vibratory pile driving Level A harassment and Level B that will feed into identifying the area and removal and needle guns). harassment sound thresholds for ensonified above the acoustic Vibratory hammers produce constant activities being used in this project, thresholds, which include source levels sound when operating, and produce NMFS used acoustic monitoring data and transmission loss coefficient. vibrations that liquefy the sediment from other locations to develop source The sound field in the project area is surrounding the pile, allowing it to levels or the various pile types, sizes the existing background noise plus penetrate to the required seating depth. and methods (see Table 3). Source levels additional construction noise from the The actual durations of each installation for the 48-inch sheetpiles come from the

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Caltrans compendium (2015) Washington that used 48-inch steel Needle guns can produce sounds up to measurements of 24-inch steel sheetpiles (Greenbusch Group, 2015), 112 dbA (OSHA, 2020) and we use that sheetpiles supported by acoustic data while the source data for H piles comes as the source level for that activity. from another project in Seattle, from the Caltrans (2015) compendium.

TABLE 3—PROJECT SOUND SOURCE LEVELS

Estimated noise Method Pile type level Source

Vibratory Driving/Removal ...... 48-inch sheet ...... 165 dBRMS ...... CALTRANS 2015, Greenbusch Group 2015. Vibratory Driving/Removal ...... 12-inch H pile ...... 150 dBRMS ...... CALTRANS 2015. Note: SEL = single strike sound exposure level; dB peak = peak sound level; rms = root mean square.

Level B Harassment Zones spreading equals 15 Using the equation above, underwater Transmission loss (TL) is the decrease R1 = the distance of the modeled SPL from noise is predicted to fall below the in acoustic intensity as an acoustic the driven pile, and behavioral effects threshold of 120 dB pressure wave propagates out from a R2 = the distance from the driven pile of the rms for marine mammals at distances of source. TL parameters vary with initial measurement. 1,000 or 10,000 m depending on the pile frequency, temperature, sea conditions, The recommended TL coefficient for type(s) and methods (Table 4). It should current, source and receiver depth, most nearshore environments is the be noted that based on the geography of water depth, water chemistry, and practical spreading value of 15. This Henderson Bay, sound will not reach bottom composition and topography. value results in an expected propagation the full distance of the Level B The general formula for underwater TL environment that would lie between harassment isopleths in most directions. is: spherical and cylindrical spreading loss In-air needle gun noise is predicted to TL = B * Log10 (R1/R2) conditions, which is the most reach the phocid (harbor seal) threshold where, appropriate assumption for WADOT’s (90 dB) at 192 meters (629 feet), and the TL = transmission loss in dB proposed activity in the absence of otariid threshold (100 dB) at 60 meters B = transmission loss coefficient; for practical specific modelling. (200 feet).

TABLE 4—LEVEL A AND LEVEL B HARASSMENT ISOPLETHS (m) FOR EACH PILE TYPE AND HEARING GROUP

Level A harassment Level B Pile type Low Mid High harassment frequency frequency frequency Otariid Phocid

Sheet ...... 31.8 2.8 47 19.3 1.4 10,000 H pile ...... 3.2 0.3 4.7 1.9 0.1 1,000

Level A Harassment Zones isopleths when more sophisticated 3D (number of piles per day times minutes When the NMFS Technical Guidance modeling methods are not available, and per pile) of pile driving is identical. (2016) was published, in recognition of NMFS continues to develop ways to Therefore Table 4 includes only a single the fact that ensonified area/volume quantitatively refine these tools, and row for each pile type. The above input could be more technically challenging will qualitatively address the output scenarios lead to PTS isopleth distances to predict because of the duration where appropriate. For stationary (Level A thresholds) of less than 1 m to component in the new thresholds, we sources such as vibratory pile driving or 47 m. developed a User Spreadsheet that removal using any of the methods The Level A harassment zones includes tools to help predict a simple discussed above, NMFS User identified in Table 4 are based upon an isopleth that can be used in conjunction Spreadsheet predicts the closest animal exposed to pile driving multiple with marine mammal density or distance at which, if a marine mammal piles per day. Considering duration of occurrence to help predict takes. We remained at that distance the whole driving or removing each pile (up to 30 note that because of some of the duration of the activity, it would not minutes) and breaks between pile assumptions included in the methods incur PTS. Inputs used in the User installations (to reset equipment and used for these tools, we anticipate that Spreadsheet are reported in Table 5 and move pile into place), this means an isopleths produced are typically going the resulting isopleths are reported in animal would have to remain within the to be overestimates of some degree, Table 4 for each of the work scenarios. small area estimated to be ensonified which may result in some degree of Note that while the inputs for driving above the Level A harassment threshold overestimate of take by Level A and removal of each type of pile are for multiple hours. This is highly harassment. However, these tools offer different, the resulting isopleths are the unlikely given marine mammal the best way to predict appropriate same because the total time per day movement throughout the area.

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TABLE 5—NMFS TECHNICAL GUIDANCE USER SPREADSHEET INPUT TO CALCULATE LEVEL A ISOPLETHS FOR A COMBINATION OF PILE DRIVING

Source level Minutes Method Pile type (db RMS) per pile Piles per day

Vibratory Driving ...... Sheet ...... 165 30 8 Vibratory Driving ...... H pile ...... 150 30 8 Vibratory Removal ...... Sheet ...... 165 15 16 Vibratory Removal ...... H pile ...... 150 15 16 Note: Transmission Loss for all methods is 15 LogR and the weighting factor adjustment is 2.5.

Marine Mammal Occurrence and Take removing sheetpiles, and 6 days of using to the low likelihood of occurrence an Calculation and Estimation the needle gun. For species with density expectation of one group of five animals In this section we provide the estimates, the estimated take is in the large level B harassment zone for information about the presence, density, calculated as the sum of the density sheetpiles per day is a reasonable or group dynamics of marine mammals times the area and days for each pile representation of occurrence. With 9 that will inform the take calculations. type/activity with the results for each days of sheetpiling maximum this The main source of density information activity added to give a total estimated equates to 45 level B takes. Because of for the area is the U.S. Navy’s database take. Additional qualitative factors may the smaller size of the Level B used to establish baseline density be considered for species with small harassment zones for the H piles, we estimates for their construction and estimated take calculations (see below). expect that one group of five animals testing and training activities in Puget Take by Level B harassment is over the course of the 5 work days with Sound (U.S. Navy, 2019). The Navy authorized and summarized in Table 7. H piles is a reasonable representation of occurrence. We are thus authorizing database includes seasonal estimates of Gray Whale abundance where available and Level B harassment of 50 short-beaked appropriate. Where such estimates The Navy Marine Species Density common dolphins. Because the Level A existed, we used the larger density Database (U.S. Navy 2019) estimates the harassment zones are relatively small estimate for the fall or summer seasons, density of gray whales in the Henderson and we believe the PSO will be able to 2 when this project is scheduled to occur. Bay area as 0.000086/km . Based on this effectively monitor the Level A These density estimates are shown in density estimate, the following number harassment zones, we do not authorize Table 6. No density estimates exist for of gray whales may be present in the take by Level A harassment of short- the rarer short-beaked common dolphin Level B harassment zones: beaked common dolphins. 2 2 so we used more qualitative data on H piles: 0.000086/km * 1.36 km * 5 Harbor Porpoise observations from The Whale Museum’s days = 0.0005848 sightings database and project specific Sheetpiles: 0.000086/km2 * 17.9 km2 * The Navy Marine Species Density report to WADOT (TWM, 2020). 9 days = 0.0138546 Database (U.S. Navy 2019) estimates the Total Estimated Take = 0.014 animals density of harbor porpoise in the 2 TABLE 6—DENSITY OF MARINE MAM- The total represents less than one gray Henderson Bay area as 0.86/km . Based on this density estimate, the following MALS USED TO CALCULATE EX- whale. In the event an individual enters number of harbor porpoises may be PECTED TAKE the area and remains for some time and is harassed on multiple days, we are present in the Level B harassment zones: Density authorizing Level B harassment of 10 Species 2 2 #/km2 gray whales. Because the Level A H piles: 0.86/km * 1.36 km * 5 days harassment zones are relatively small = 5.848 Harbor seal ...... 3.91 and we believe the PSO will be able to Sheetpiles: 0.86/km2 * 17.9 km2 * 9 California sea lion ...... 0.2211 effectively monitor the Level A days = 138.546 Steller sea lion ...... 0.0478 Total Estimated Take = 144.4 animals Gray whale ...... 0.000086 harassment zones, we do not authorize Short-beaked common dolphin .... (*) take by Level A harassment of gray We are authorizing Level B Harbor porpoise ...... 0.86 whales. harassment of 145 harbor porpoises. Because the Level A harassment zones * See text, no density estimate exists for Short-Beaked Common Dolphin are relatively small and we believe the short-beaked common dolphins. As mentioned above, the Navy Marine PSO will be able to effectively monitor Here we describe how the information Species Density Database (U.S. Navy the Level A harassment zones, we do provided above is brought together to 2019) does not provide an estimate of not authorize take by Level A produce a quantitative take estimate. density of short-beaked common harassment of harbor porpoises. Given the geography of the project area, dolphins in the Henderson Bay area. the area ensonified when driving or The Whale Museum data indicate that California Sea Lion removing H piles is 1.36 square common dolphins have been The Navy Marine Species Density kilometers (km2) 0.53 square miles documented in waters adjacent to the Database (U.S. Navy 2019) estimates the (mi2)), the area ensonified when driving project (TWM, 2020). Nearly all density of California sea lions in the or removing sheetpiles is 17.9 km2 (6.9 sightings were in 2016 and 2017 Henderson Bay area as 0.2211/km2. mi2), and the area ensonified when pointing out the variability and Based on this density estimate, the using the needle gun is 0.06 km2 (0.023 uncertainty of their presence. Short- following number of California sea lions mi2) for phocids and 0.01 km2 (0.004 beaked common dolphins often occur in may be present in the Level B mi2) for otariids. As noted above, there groups; for the Puget Sound data groups harassment zones: will be a total of 5 days driving or consisted of no more than five H piles: 0.2211/km2 * 1.36 km2 * 5 days removing H piles, 9 days driving or individuals (Orca Network. 2020). Due = 1.503

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Sheetpiles: 0.2211/km2 * 17.9 km2 * 9 may be present in the Level B density of harbor seal in the Henderson days = 35.619 harassment zones: Bay area as 3.91/km2. Based on this Needle gun: 0.2211/km2 * 0.01 km2 * 6 H piles: 0.0478/km2 * 1.36 km2 * 5 days density estimate, the following number days = 0.013 = 0.325 of harbor seals may be present in the Total Estimated Take = 37.14 animals Sheetpiles: 0.0478/km2 * 17.9 km2 * 9 Level B harassment zones: We are authorizing Level B days = 7.70 H piles: 3.91/km2 * 1.36 km2 * 5 days harassment of 38 California sea lions. Needle gun: 0.0478/km2 * 0.01 km2 * 6 = 26.588 Because the Level A harassment zones days = 0.007 Sheetpiles: 3.91/km2 * 17.9 km2 * 9 are relatively small and we believe the Total Estimated Take = 8.03 animals days = 629.901 PSO will be able to effectively monitor We are authorizing for Level B Needle gun: 3.91/km2 * 0.06 km2 * 6 the Level A harassment zones, we do harassment of nine Steller sea lions. days = 1.408 not authorize take by Level A Because the Level A harassment zones Total Estimated Take = 657.9 animals harassment of California sea lions. are relatively small and we believe the PSO will be able to effectively monitor We are authorizing for Level B Steller Sea Lion the Level A harassment zones, we do harassment of 658 harbor seals. Because The Navy Marine Species Density not authorize take by Level A the Level A harassment zones are Database (U.S. Navy 2019) estimates the harassment of Steller sea lions. relatively small and we believe the PSO density of Steller sea lions in the will be able to effectively monitor the Henderson Bay area as 0.0478/km2. Harbor Seal Level A harassment zones, we do not Based on this density estimate, the The Navy Marine Species Density authorize take by Level A harassment of following number of Steller sea lions Database (U.S. Navy 2019) estimates the Steller sea lions.

TABLE 7—AUTHORIZED AMOUNT OF TAKING, BY LEVEL A HARASSMENT AND LEVEL B HARASSMENT, BY SPECIES AND STOCK AND PERCENT OF TAKE BY STOCK

Percent of Species Take request stock

Harbor seal ...... 658 (*) California sea lion ...... 38 < 0.1 Steller sea lion ...... 9 < 0.1 Gray whale ...... 10 0.4 Short-beaked common dolphin ...... 50 < 0.1 Harbor porpoise ...... 145 1.3 * There is no official estimate of stock size for this stock.

Mitigation implementation of the measure(s) is steerage and safe working conditions. In order to issue an IHA under section expected to reduce impacts to marine This type of work could include the 101(a)(5)(D) of the MMPA, NMFS must mammals, marine mammal species or following activities: (1) Movement of the set forth the permissible methods of stocks, and their habitat. This considers barge to or around the pile location; or taking pursuant to the activity, and the nature of the potential adverse (2) positioning of the pile on the other means of effecting the least impact being mitigated (likelihood, substrate via a crane (i.e., stabbing the practicable impact on the species or scope, range). It further considers the pile); • stock and its habitat, paying particular likelihood that the measure will be Conduct briefings between attention to rookeries, mating grounds, effective if implemented (probability of construction supervisors and crews and and areas of similar significance, and on accomplishing the mitigating result if the marine mammal monitoring team the availability of the species or stock implemented as planned), the prior to the start of all pile driving/ for taking for certain subsistence uses likelihood of effective implementation removal activity and when new (latter not applicable for this action). (probability implemented as planned); personnel join the work, to explain NMFS regulations require applicants for and responsibilities, communication incidental take authorizations to include (2) The practicability of the measures procedures, marine mammal monitoring information about the availability and for applicant implementation, which protocol, and operational procedures; • feasibility (economic and technological) may consider such things as cost, For those marine mammals for of equipment, methods, and manner of impact on operations, and, in the case which Level B harassment take has not conducting the activity or other means of a military readiness activity, been requested, in-water pile of effecting the least practicable adverse personnel safety, practicality of installation/removal will shut down impact upon the affected species or implementation, and impact on the immediately if such species are stocks and their habitat (50 CFR effectiveness of the military readiness observed within or entering the Level B 216.104(a)(11)). activity. harassment zone; and In evaluating how mitigation may or The following mitigation measures are • If take reaches the authorized limit may not be appropriate to ensure the in the IHA: for an authorized species, pile least practicable adverse impact on • For in-water heavy machinery work installation/removal will be stopped as species or stocks and their habitat, as other than pile driving/removal (e.g., these species approach the Level B well as subsistence uses where standard barges, etc.), and for needle harassment zone to avoid additional applicable, we carefully consider two gun work, if a marine mammal comes take. primary factors: within 10 m, operations shall cease and The following mitigation measures (1) The manner in which, and the vessels shall reduce speed to the would apply to WADOT’s in-water degree to which, the successful minimum level required to maintain construction activities.

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• Establishment of Shutdown • The placement of Protected Species occurs, PSOs will observe the shutdown Zones—WADOT will establish Observers (PSOs) during all pile driving and monitoring zones for a period of 30 shutdown zones for all pile driving and and removal activities (described in minutes. The shutdown zone will be removal activities (Table 8). The detail in the Monitoring and Reporting considered cleared when a marine purpose of a shutdown zone is generally section) will ensure that the entire mammal has not been observed within to define an area within which shutdown zone is visible during pile the zone for that 30-minute period. If a shutdown of the activity would occur installation. Should environmental marine mammal is observed within the upon sighting of a marine mammal (or conditions deteriorate such that marine shutdown zone, a soft-start cannot in anticipation of an animal entering the mammals within the entire shutdown proceed until the animal has left the defined area). Shutdown zones typically zone would not be visible (e.g., fog, zone or has not been observed for 15 vary based on the activity type and heavy rain), pile driving and removal minutes. When a marine mammal for marine mammal hearing group (Table must be delayed until the PSO is which Level B harassment take is 2). Because the zones are small in this confident marine mammals within the authorized is present in the Level B shutdown zone could be detected. harassment zone, activities may begin project, and WADOT seeks to simplify • their monitoring, they have requested to Monitoring for Level B and Level B harassment take will be establish shutdown zones of the same Harassment—WADOT will monitor the recorded. If the entire Level B size that apply separately to cetaceans Level A and B harassment and harassment zone is not visible at the and pinnipeds, rather than having shutdown zones. Monitoring zones start of construction, pile driving multiple size zones within each of these provide utility for observing by activities can begin. If work ceases for establishing monitoring protocols for marine mammal groups corresponding more than 30 minutes, the pre-activity areas adjacent to the shutdown zones. to each hearing group. Therefore the monitoring of the shutdown zones will Monitoring zones enable observers to be shutdown zones are based on the largest commence. aware of and communicate the presence Level A harassment zone within the • of marine mammals in the project area Pile driving or removal must occur cetacean and pinniped groups, outside the shutdown zone and thus during daylight hours. respecitively, with an absolute prepare for a potential halt of activity Based on our evaluation of the minimum shutdown zone size of 10 m should the animal enter the shutdown applicant’s measures, as well as other (33 ft). zone. Placement of PSOs will allow measures considered by NMFS, NMFS • Pile wake-up—When removing PSOs to observe marine mammals has determined that the mitigation piles WADOT will shake the pile within the Level B harassment zones measures provide the means effecting slightly prior to removal to break the that serve as monitoring zones. the least practicable impact on the bond with surrounding sediment to • Pre-activity Monitoring—Prior to affected species or stocks and their avoid pulling out large blocks of the start of daily in-water construction habitat, paying particular attention to sediment. Piles they will also be activity, or whenever a break in pile rookeries, mating grounds, and areas of removed slowly to minimize turbidity. driving/removal of 30 minutes or longer similar significance.

TABLE 8—SHUTDOWN ZONES (RADIUS IN METERS) BY PILE TYPE, ACTIVITY AND HEARING GROUP

Low Mid High Pile type frequency frequency frequency Otariid Phocid

Sheet ...... 50 50 50 20 20 H pile ...... 10 10 10 10 10

Monitoring and Reporting understanding of one or more of the cumulative impacts from multiple following: stressors; In order to issue an IHA for an • • activity, section 101(a)(5)(D) of the Occurrence of marine mammal How anticipated responses to MMPA states that NMFS must set forth species or stocks in the area in which stressors impact either: (1) Long-term requirements pertaining to the take is anticipated (e.g., presence, fitness and survival of individual monitoring and reporting of such taking. abundance, distribution, density); marine mammals; or (2) populations, species, or stocks; The MMPA implementing regulations at • Nature, scope, or context of likely 50 CFR 216.104 (a)(13) indicate that marine mammal exposure to potential • Effects on marine mammal habitat requests for authorizations must include stressors/impacts (individual or (e.g., marine mammal prey species, the suggested means of accomplishing cumulative, acute or chronic), through acoustic habitat, or other important the necessary monitoring and reporting better understanding of: (1) Action or physical components of marine that will result in increased knowledge environment (e.g., source mammal habitat); and of the species and of the level of taking characterization, propagation, ambient • Mitigation and monitoring or impacts on populations of marine noise); (2) affected species (e.g., life effectiveness. mammals that are expected to be history, dive patterns); (3) co-occurrence present in the proposed action area. of marine mammal species with the Visual Monitoring Effective reporting is critical both to action; or (4) biological or behavioral Marine mammal monitoring must be compliance as well as ensuring that the context of exposure (e.g., age, calving or conducted in accordance with the most value is obtained from the required feeding areas); Monitoring Plan and section 5 of the monitoring. • Individual marine mammal IHA. Marine mammal monitoring Monitoring and reporting responses (behavioral or physiological) during pile driving and removal must be requirements prescribed by NMFS to acoustic stressors (acute, chronic, or conducted by NMFS-approved PSOs in should contribute to improved cumulative), other stressors, or a manner consistent with the following:

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• Independent PSOs (i.e., not south at Penrose Point State Park to appropriate) detected within the construction personnel) who have no monitor the approaches into Henderson monitoring zone, and estimates of other assigned tasks during monitoring Bay, especially for killer and humpback number of marine mammals taken, by periods must be used; whales and other large whales not species (a correction factor may be • Other PSOs may substitute authorized for take. applied to total take numbers, as education (degree in biological science Monitoring will be conducted 30 appropriate); or related field) or training for minutes before, during, and 30 minutes • Detailed information about any experience; and after pile driving/removal activities. In implementation of any mitigation • WADOT must submit PSO addition, observers shall record all triggered (e.g., shutdowns and delays), a Curriculum Vitae for approval by NMFS incidents of marine mammal description of specific actions that prior to the onset of pile driving. occurrence, regardless of distance from ensued, and resulting behavior of the PSOs must have the following activity, and shall document any animal, if any; and additional qualifications: behavioral reactions in concert with • Description of attempts to • Ability to conduct field distance from piles being driven or distinguish between the number of observations and collect data according removed. Pile driving activities include individual animals taken and the to assigned protocols; the time to install or remove a single number of incidences of take, such as • Experience or training in the field pile or series of piles, as long as the time ability to track groups or individuals. identification of marine mammals, elapsed between uses of the pile driving If no comments are received from including the identification of or drilling equipment is no more than NMFS within 30 days, the draft final behaviors; 30 minutes. report will constitute the final report. If • Sufficient training, orientation, or comments are received, a final report experience with the construction Reporting addressing NMFS comments must be operation to provide for personal safety A draft marine mammal monitoring submitted within 30 days after receipt of during observations; report will be submitted to NMFS comments. • Writing skills sufficient to prepare a within 90 days after the completion of Reporting Injured or Dead Marine report of observations including but not pile driving and removal activities, or Mammals limited to the number and species of 60 days prior to a requested date of marine mammals observed; dates and issuance of any future IHAs for projects In the event that personnel involved times when in-water construction at the same location, whichever comes in the construction activities discover activities were conducted; dates, times, first. The report will include an overall an injured or dead marine mammal, and reason for implementation of description of work completed, a WADOT shall report the incident to the mitigation (or why mitigation was not narrative regarding marine mammal Office of Protected Resources (OPR), implemented when required); and sightings, and associated PSO data NMFS and to the regional stranding marine mammal behavior; and sheets. Specifically, the report must coordinator as soon as feasible. If the • Ability to communicate orally, by include: death or injury was clearly caused by radio or in person, with project • Dates and times (begin and end) of the specified activity, WADOT must personnel to provide real-time all marine mammal monitoring; immediately cease the specified information on marine mammals • Construction activities occurring activities until NMFS is able to review observed in the area as necessary. during each daily observation period, the circumstances of the incident and Up to four PSOs will be employed. including how many and what type of determine what, if any, additional PSO locations will provide an piles were driven or removed and by measures are appropriate to ensure unobstructed view of all water within what method (i.e., impact or vibratory compliance with the terms of the IHA. the shutdown zone, and as much of the and if other removal methods were The IHA-holder must not resume their Level A and Level B harassment zones used); activities until notified by NMFS. The as possible. PSO locations are as • Weather parameters and water report must include the following follows: conditions during each monitoring information: (1) At the pile driving/removal site or period (e.g., wind speed, percent cover, • Time, date, and location (latitude/ best vantage point practicable to visibility, sea state); longitude) of the first discovery (and monitor the shutdown zones and the • The number of marine mammals updated location information if known small area north into Burley Lagoon; observed, by species, relative to the pile and applicable); (2) At Purdy Spit Park to monitor the location and if pile driving or removal • Species identification (if known) or Level B harassment zone near the was occurring at time of sighting; description of the animal(s) involved; project site in Henderson Bay; and • Age and sex class, if possible, of all • Condition of the animal(s) (3) For the smaller Level B harassment marine mammals observed; (including carcass condition if the zone associated with H pile driving/ • PSO locations during marine animal is dead); removal, an additional PSOs will be mammal monitoring; • Observed behaviors of the located on the southeast end of the level • Distances and bearings of each animal(s), if alive; B harassment zone (see Monitoring Plan marine mammal observed to the pile • If available, photographs or video Figure 4); being driven or removed for each footage of the animal(s); and (4) For the larger Level B harassment sighting (if pile driving or removal was • General circumstances under which zone associated with sheetpile driving/ occurring at time of sighting); the animal was discovered. removal PSOs will be at the pile/driving • Description of any marine mammal removal site and Purdy Spit park as behavior patterns during observation, Negligible Impact Analysis and described above. Two additional PSOs including direction of travel and Determination will be located further south in estimated time spent within the Level A NMFS has defined negligible impact Henderson Bay (see Monitoring Plan and Level B harassment zones while the as an impact resulting from the Figure 2): One at Kopachuck State Park source was active; specified activity that cannot be to monitor the southern end of the Level • Number of individuals of each reasonably expected to, and is not B harassment zone and one further species (differentiated by month as reasonably likely to, adversely affect the

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species or stock through effects on The nature of the pile driving project prior to removal (wake up) to break the annual rates of recruitment or survival precludes the likelihood of serious bond with surrounding sediment to (50 CFR 216.103). A negligible impact injury or mortality. Take would occur avoid pulling out large blocks of finding is based on the lack of likely within a limited, confined area (north- sediment; and adverse effects on annual rates of central Henderson Bay) of the stock’s • Monitoring reports from similar recruitment or survival (i.e., population- range. Level A and Level B harassment work in Puget Sound have documented level effects). An estimate of the number will be reduced to the level of least little to no effect on individuals of the of takes alone is not enough information practicable adverse impact through use same species impacted by the specified on which to base an impact of mitigation measures described herein, activities. determination. In addition to and as a result, as discussed above, Based on the analysis contained considering estimates of the number of Level A harassment is not anticipated to herein of the likely effects of the marine mammals that might be ‘‘taken’’ occur. Further the amount of take specified activity on marine mammals through harassment, NMFS considers authorized is extremely small when and their habitat, and taking into other factors, such as the likely nature compared to stock abundance. consideration the implementation of the of any responses (e.g., intensity, Behavioral responses of marine monitoring and mitigation measures, duration), the context of any responses mammals to pile driving and needle gun NMFS finds that the total marine (e.g., critical reproductive time or use at the project site, if any, are mammal take from the proposed activity location, migration), as well as effects expected to be mild and temporary. will have a negligible impact on all on habitat, and the likely effectiveness Marine mammals within the Level B affected marine mammal species or of the mitigation. We also assess the harassment zone may not show any stocks. number, intensity, and context of visual cues they are disturbed by Small Numbers estimated takes by evaluating this activities (as noted during modification As noted above, only small numbers information relative to population to the Kodiak Ferry Dock (see 80 FR 60636, October 7, 2015)) or could of incidental take may be authorized status. Consistent with the 1989 under section 101(a)(5)(D) of the MMPA preamble for NMFS’s implementing become alert, avoid the area, leave the area, or display other mild responses for specified activities other than regulations (54 FR 40338; September 29, military readiness activities. The MMPA 1989), the impacts from other past and that are not observable such as changes in vocalization patterns. Given the short does not define small numbers and so, ongoing anthropogenic activities are in practice, where estimated numbers incorporated into this analysis via their duration of noise-generating activities per day and that pile driving and are available, NMFS compares the impacts on the environmental baseline number of individuals taken to the most (e.g., as reflected in the regulatory status removal would occur across three months, any harassment would be appropriate estimation of abundance of of the species, population size and the relevant species or stock in our growth rate where known, ongoing temporary. There are no other areas or times of known biological importance determination of whether an sources of human-caused mortality, or authorization is limited to small ambient noise levels). for any of the affected species. In addition, it is unlikely that minor numbers of marine mammals. When the To avoid repetition, the discussion of noise effects in a small, localized area of predicted number of individuals to be our analyses applies to all the species habitat would have any effect on the taken is fewer than one third of the listed in Table 7, given that the fitness of any individual or the stocks’ species or stock abundance, the take is anticipated effects of this activity on ability to recover. In combination, we considered to be of small numbers. these different marine mammal stocks believe that these factors, as well as the Additionally, other qualitative factors are expected to be similar. There is little available body of evidence from other may be considered in the analysis, such information about the nature or severity similar activities, demonstrate that the as the temporal or spatial scale of the of the impacts, or the size, status, or potential effects of the specified activities. structure of any of these species or activities will have only minor, short- The amount of take NMFS authorizes stocks that would lead to a different term effects on individuals. The is below one third of the estimated stock analysis for this activity. Pile driving specified activities are not expected to abundance for all stocks. For harbor activities have the potential to disturb or impact rates of recruitment or survival seals there are no official estimates of displace marine mammals. Specifically, and will therefore not result in the stock size. We do know the the project activities may result in take, population-level impacts. populations of harbor seals in Puget in the form of Level B harassment from In summary and as described above, Sound are increasing and number at underwater sounds generated from pile the following factors primarily support least 32,000 (Jeffries, 2013). We also driving and removal and needle gun our determination that the impacts know that harbor seals do not generally use. Potential takes could occur if resulting from this activity are not range over large areas (see above). individuals are present in the ensonified expected to adversely affect the species Therefore, it is most likely that the zone when these activities are or stock through effects on annual rates number of harbor seal takes is a small underway. of recruitment or survival: number. For all stocks, these are all Takes by Level B harassment would • No mortality or Level A harassment likely conservative estimates of percent be in the form of behavioral disturbance is anticipated or authorized; of stock taken because they assume all and/or TTS. No mortality or PTS (Level • No biologically important areas takes are of different individual animals A harassment) is anticipated given the have been identified within the project which is likely not the case. Some nature of the activity and measures area; individuals may return multiple times designed to minimize the possibility of • For all species, Henderson Bay is a in a day, but PSOs would count them as injury to marine mammals. The very small and peripheral part of their separate takes if they cannot be potential for harassment is minimized range; individually identified. through the construction method and • WADOT would implement Based on the analysis contained the implementation of the planned mitigation measures such as shut downs herein of the proposed activity mitigation measures (see Mitigation and slow removal of piles to minimize (including the mitigation and section). turbidity and shaking the pile slightly monitoring measures) and the

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anticipated take of marine mammals, Authorization documents via email. This meeting may NMFS finds that small numbers of NMFS has issued an IHA to WADOT be recorded for the purposes of marine mammals will be taken relative for the potential harassment of small generating notes of the meeting. to the population size of the affected numbers of six marine mammal species FOR FURTHER INFORMATION CONTACT: species or stocks. incidental to the Purdy Bridge Emily Reynolds, NMFS Pacific Islands Rehabilitation project in Pierce, WA, Regional Office; 1845 Wasp Blvd., Bldg. Unmitigable Adverse Impact Analysis 176, Honolulu, HI 96818; telephone: and Determination provided the previously mentioned mitigation, monitoring and reporting 808–725–5039; facsimile: 808–725– There are no relevant subsistence uses requirements are followed. 5215; email: [email protected]. SUPPLEMENTARY INFORMATION: In of the affected marine mammal stocks or Dated: February 1, 2021. accordance with the Western and species implicated by this action. Donna S. Wieting, Therefore, NMFS has determined that Central Pacific Fisheries Convention Director, Office of Protected Resources, Implementation Act (16 U.S.C. 6901 et the total taking of affected species or National Marine Fisheries Service. stocks would not have an unmitigable seq.), the PAC, has been formed to [FR Doc. 2021–02489 Filed 2–5–21; 8:45 am] advise the U.S. Commissioners to the adverse impact on the availability of BILLING CODE 3510–22–P such species or stocks for taking for WCPFC. The PAC is composed of: (i) subsistence purposes. Not less than 15 nor more than 20 individuals appointed by the Secretary DEPARTMENT OF COMMERCE National Environmental Policy Act of Commerce in consultation with the U.S. Commissioners to the WCPFC; (ii) To comply with the National National Oceanic and Atmospheric Administration the chair of the Western Pacific Fishery Environmental Policy Act of 1969 Management Council’s Advisory (NEPA; 42 U.S.C. 4321 et seq.) and [RTID 0648–XA822] Committee (or the chair’s designee); and NOAA Administrative Order (NAO) (iii) officials from the fisheries 216–6A, NMFS must review our Permanent Advisory Committee To management authorities of American proposed action (i.e., the issuance of an Advise the U.S. Commissioners to the Samoa, Guam, and the Northern IHA) with respect to potential impacts Western and Central Pacific Fisheries Mariana Islands (or their designees). on the human environment. Commission; Meeting Announcement The PAC supports the work of the U.S. This action is consistent with AGENCY: National Marine Fisheries National Section to the WCPFC in an categories of activities identified in Service (NMFS), National Oceanic and advisory capacity. The U.S. National Categorical Exclusion B4 (IHAs with no Atmospheric Administration (NOAA), Section is made up of the U.S. anticipated serious injury or mortality) Commerce. Commissioners and the Department of of the Companion Manual for NOAA ACTION: Notice of public meeting. State. NMFS Pacific Islands Regional Administrative Order 216–6A, which do Office provides administrative and not individually or cumulatively have SUMMARY: NMFS announces a public technical support to the PAC in the potential for significant impacts on meeting of the Permanent Advisory cooperation with the Department of the quality of the human environment Committee (PAC) to advise the U.S. State. More information on the WCPFC, and for which we have not identified Commissioners to the Commission for established under the Convention on the Conservation and Management of any extraordinary circumstances that the Conservation and Management of Highly Migratory Fish Stocks in the would preclude this categorical Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, can exclusion. Accordingly, NMFS has Western and Central Pacific Ocean be found on the WCPFC website: http:// determined that the issuance of the IHA (WCPFC) on March 18, 2021. Meeting www.wcpfc.int. qualifies to be categorically excluded topics are provided under the from further NEPA review. SUPPLEMENTARY INFORMATION section of Meeting Topics this notice. The purpose of the March 18, 2021 Endangered Species Act DATES: The meeting of the PAC will be held via web conference on March 18, meeting is to discuss outcomes of the 2020 regular session of the WCPFC Section 7(a)(2) of the ESA (16 U.S.C. 2021, from 11 a.m. to 1 p.m. Hawaii (WCPFC17), U.S. priorities leading up to 1531 et seq.) requires that each Federal Standard Time (HST) (or until business the 2021 regular session of the WCPFC agency insure that any action it is concluded). Members of the public (WCPFC18) and potential management authorizes, funds, or carries out is not may submit written comments on measures for tropical tunas and other likely to jeopardize the continued meeting topics or materials; comments issues of interest. existence of any endangered or must be received by March 13, 2021. threatened species or result in the ADDRESSES: The public meeting will be Special Accommodations destruction or adverse modification of conducted via conference call. For designated critical habitat. To ensure The conference call is accessible to details on how to call in to the people with disabilities. Requests for ESA compliance for the issuance of conference line or to submit comments, IHAs, NMFS consults internally, in this sign language interpretation or other please contact Emily Reynolds, NMFS auxiliary aids should be directed to case with the West Coast Region Pacific Islands Regional Office; Protected Resources Division Office, Emily Reynolds at 808–725–5039 by telephone: 808–725–5039; email: March 4, 2021. whenever we propose to authorize take [email protected]. Documents to Authority: 16 U.S.C. 6902 et seq. for endangered or threatened species. be considered by the PAC will be sent No incidental take of ESA-listed out via email in advance of the Dated: February 3, 2021. species is authorized or expected to conference call. Please submit contact Jennifer M. Wallace, result from this activity. Therefore, information to Emily Reynolds Acting Director, Office of Sustainable NMFS has determined that formal (telephone: 808–725–5039; email: Fisheries, National Marine Fisheries Service. consultation under section 7 of the ESA [email protected]) at least 3 [FR Doc. 2021–02527 Filed 2–5–21; 8:45 am] is not required for this action. days in advance of the call to receive BILLING CODE 3510–22–P

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DEPARTMENT OF COMMERCE Frequency: Weekly. Form Number(s): None. Respondent’s Obligation: Mandatory. Type of Request: Regular submission National Oceanic and Atmospheric Legal Authority: Magnuson-Stevens [extension of a current information Administration Fishery Conservation and Management collection]. Act. Number of Respondents: 484. Agency Information Collection This information collection request Average Hours per Response: FFP Activities; Submission to the Office of may be viewed at www.reginfo.gov. application, 21 minutes; FPP Management and Budget (OMB) for Follow the instructions to view the application, 25 minutes; EFP Review and Approval; Comment Department of Commerce collections application, 100 hours. Request; Greater Atlantic Region currently under review by OMB. Total Annual Burden Hours: 474 Dealer Purchase Reports Written comments and hours. recommendations for the proposed The Department of Commerce will Needs and Uses: The National Marine information collection should be submit the following information Fisheries Services (NMFS), Alaska submitted within 30 days of the collection request to the Office of Region, is requesting extension of a publication of this notice on the Management and Budget (OMB) for currently approved information following website www.reginfo.gov/ review and clearance in accordance collection for the applications for the public/do/PRAMain. Find this with the Paperwork Reduction Act of Federal Fisheries Permit (FFP), the particular information collection by 1995, on or after the date of publication Federal Processor Permit (FPP), and the selecting ‘‘Currently under 30-day of this notice. We invite the general Exempted Fishing Permit (EFP). Review—Open for Public Comments’’ or public and other Federal agencies to NMFS requires an FFP or FPP for by using the search function and comment on proposed, and continuing participation in the groundfish fisheries entering either the title of the collection information collections, which helps us of the exclusive economic zone off or the OMB Control Number 0648–0229. assess the impact of our information Alaska. NMFS issues an EFP to allow collection requirements and minimize Sheleen Dumas, groundfish fishing activities that would the public’s reporting burden. Public Department PRA Clearance Officer, Office of otherwise be prohibited under comments were previously requested the Chief Information Officer, Commerce regulations for groundfish fishing. EFPs via the Federal Register on October 28, Department. are issued to support projects that could 2020, (85 FR 68307) during a 60-day [FR Doc. 2021–02553 Filed 2–5–21; 8:45 am] benefit the groundfish fisheries and the comment period. This notice allows for BILLING CODE 3510–22–P environment and result in gathering an additional 30 days for public information not otherwise available comments. through research or commercial fishing Agency: National Oceanic and DEPARTMENT OF COMMERCE operations. Regulations governing these Atmospheric Administration, permits are at 50 CFR 600.745, 679.4, Commerce. National Oceanic and Atmospheric and 679.6. Title: Northeast Regional Dealer Administration Operators of vessels and managers of Purchase Reports. processors must have a permit on board Agency Information Collection OMB Control Number: 0648–0229. or on site when fishing, receiving, Activities; Submission to the Office of Form Number(s): None. buying, or processing groundfish and Management and Budget (OMB) for Type of Request: Regular submission. non-groundfish species. The permit Review and Approval; Comment Number of Respondents: 680. information provides harvest gear types; Request; Alaska Region Permit Family Average Hours per Response: 4 descriptions of vessels, shoreside of Forms minutes. processors, and stationary floating Total Annual Burden Hours: 28,673. The Department of Commerce will processors; and expected fishery activity Needs and Uses: Federally permitted submit the following information levels. The information requested on the dealers, and any individual acting in the collection request to the Office of permit applications is used for fisheries capacity of a dealer, must submit to the Management and Budget (OMB) for management and regulatory compliance Regional Administrator or to the official review and clearance in accordance by NMFS Sustainable Fisheries designee a detailed report of all fish with the Paperwork Reduction Act of Division, NMFS Restricted Access purchased or received for a commercial 1995, on or after the date of publication Management Program, NMFS Observer purpose, other than solely for transport of this notice. We invite the general Program, NOAA Office of Law on land by one of the available public and other Federal agencies to Enforcement, the U.S. Coast Guard, and electronic reporting mechanisms comment on proposed, and continuing the North Pacific Fisheries Management approved by National Marine Fisheries information collections, which helps us Council. Service (NMFS). The information assess the impact of our information Section 303(b)(1) of the Magnuson- obtained is used by economists, collection requirements and minimize Stevens Fishery Conservation and biologists, and managers in the the public’s reporting burden. Public Management Act specifically recognizes management of the fisheries. The data comments were previously requested the need for permit issuance. Requiring collection parameters are consistent via the Federal Register on November a permit for marine resource users is with the current requirements for 30, 2020, (85 FR 76536) during a 60-day one of the regulatory steps taken to carry Federal dealers under the authority of comment period. This notice allows for out conservation and management the Magnuson-Stevens Fishery an additional 30 days for public objectives. Permit issuance is essential Conservation and Management Act. comments. in fishery resources management for This is an extension request of the Agency: National Oceanic and identification of the participants and current approval. Atmospheric Administration (NOAA), expected activity levels and for Affected Public: Business or other for- Commerce. regulatory compliance. profit organizations; Not-for-profit Title: Alaska Region Permit Family of Affected Public: Individuals or institutions; State, Local, Tribal Forms. households; Business or other for-profit government; Federal government. OMB Control Number: 0648–0206. organizations.

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Frequency: Annually; Every 3 years; enter docket number PTO–P–2020–0057 CONSUMER PRODUCT SAFETY On occasion. on the homepage and click ‘‘Search.’’ COMMISSION Respondent’s Obligation: Required to The site will provide a search results Obtain or Retain Benefits; Mandatory. page listing all documents associated Sunshine Act Meeting Notice Legal Authority: Magnuson-Stevens with this docket. Find a reference to this Fishery Conservation and Management notice and click on the ‘‘Comment TIME AND DATE: Wednesday, February 4, Act. Now!’’ icon, complete the required 2021; 10:00 a.m. This information collection request fields, and enter or attach your PLACE: This meeting will be conducted may be viewed at www.reginfo.gov. comments. Attachments to electronic by remote means. ® Follow the instructions to view the comments will be accepted in ADOBE STATUS: Commission Meeting—Closed Department of Commerce collections portable document format or to the Public. MICROSOFT WORD® format. Because currently under review by OMB. MATTERS TO BE CONSIDERED: Decisional Written comments and written comments and testimony will be Matter. recommendations for the proposed made available for public inspection, information collection should be information that a respondent does not CONTACT PERSON FOR MORE INFORMATION: submitted within 30 days of the desire to be made public, such as a Alberta E. Mills, Secretary, Division of publication of this notice on the phone number, should not be included the Secretariat, Office of the General following website www.reginfo.gov/ in the testimony or written comments. Counsel, U.S. Consumer Product Safety public/do/PRAMain. Find this Visit the Federal eRulemaking Portal Commission, 4330 East West Highway, particular information collection by website (www.regulations.gov) for Bethesda, MD 20814, (301) 504–7479 selecting ‘‘Currently under 30-day additional instructions on providing (Office) or 240–863–8938 (cell). Review—Open for Public Comments’’ or comments via the portal. If electronic Dated: February 3, 2021. by using the search function and submission of comments is not feasible Alberta E. Mills, entering either the title of the collection due to a lack of access to a computer Secretary. or the OMB Control Number 0648–0206. and/or the internet, please contact the [FR Doc. 2021–02605 Filed 2–4–21; 11:15 am] USPTO using the contact information BILLING CODE 6355–01–P Sheleen Dumas, below for special instructions. Department PRA Clearance Officer, Office of FOR FURTHER INFORMATION CONTACT: the Chief Information Officer, Commerce Please send your questions or comments Department. regarding this notice to DEPARTMENT OF DEFENSE [FR Doc. 2021–02566 Filed 2–5–21; 8:45 am] [email protected], or BILLING CODE 3510–22–P telephone Janine Scianna, Office of Department of the Navy Governmental Affairs, USPTO, at 571– Certificate of Alternate Compliance for 272–0502. DEPARTMENT OF COMMERCE USS SAVANNAH (LCS 28) SUPPLEMENTARY INFORMATION: The Patent and Trademark Office USPTO is extending the period for AGENCY: Department of the Navy, DoD. public comment on the NCEAI. The goal ACTION: Notice of issuance of Certificate [Docket No.: PTO–P–2020–0057] of the NCEAI is to create a national of Alternate Compliance. Extension of the Period for Comments strategy to promote and increase SUMMARY: The U.S. Navy hereby on the National Strategy for Expanding participation by underrepresented announces that a Certificate of Alternate American Innovation groups in inventing and innovation. The NCEAI includes distinguished leaders Compliance has been issued for USS AGENCY: United States Patent and from industry, academia, government, SAVANNAH (LCS 28). Due to the Trademark Office, Department of and nonprofit organizations. special construction and purpose of this Commerce. In a Federal Register notice, Request vessel, the Deputy Assistant Judge ACTION: Extension of the comment for Comments on the National Strategy Advocate General (DAJAG) (Admiralty period. for Expanding American Innovation, 85 and Maritime Law) has determined it is FR 83906 (Dec. 23, 2020) (the Notice), a vessel of the Navy which, due to its SUMMARY: The United States Patent and the USPTO sought input from the public special construction and purpose, Trademark Office (USPTO) recently regarding the development of a national cannot comply fully with the navigation sought input from the public regarding strategy to create opportunities to lights provisions of the International the National Council for Expanding expand our innovation ecosystem. In Regulations for Preventing Collisions at American Innovation (NCEAI). The view of the importance of this effort, Sea, 1972 (72 COLREGS) without USPTO is extending the comment and given the desire to receive input interfering with its special function as a period to ensure that all stakeholders from as broad a cross-section of the naval ship. The intended effect of this have sufficient opportunity to submit public as possible, the USPTO is now notice is to warn mariners in waters comments on this important effort to extending the period to address the where 72 COLREGS apply. develop a national strategy to expand questions raised in the Notice, or to DATES: This Certificate of Alternate innovation demographically, provide any additional comments, until Compliance is effective February 8, geographically, and economically. February 23, 2021. 2021 and is applicable beginning DATES: To be ensured of consideration, Andrew Hirshfeld, February 2, 2021. written comments must be received on Commissioner for Patents, Performing the FOR FURTHER INFORMATION CONTACT: or before February 23, 2021. Functions and Duties of the Under Secretary Lieutenant Commander Steven ADDRESSES: For reasons of Government of Commerce for Intellectual Property and Gonzales, JAGC, U.S. Navy, Admiralty efficiency, comments must be submitted Director of the United States Patent and Attorney, Office of the Judge Advocate through the Federal eRulemaking Portal Trademark Office. General, Admiralty and Maritime Law at www.regulations.gov. To submit [FR Doc. 2021–02571 Filed 2–5–21; 8:45 am] Division (Code 11), 1322 Patterson Ave. comments via www.regulations.gov, BILLING CODE 3510–16–P SE, Suite 3000, Washington Navy Yard,

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DC 20374–5066, 202–685–5040, or DEPARTMENT OF ENERGY and interventions in lieu of paper using [email protected]. the ‘‘eFiling’’ link at http:// Federal Energy Regulatory www.ferc.gov. Persons unable to file SUPPLEMENTARY INFORMATION: Commission electronically may mail similar Background and Purpose. Executive [Docket No. TX21–2–000] pleadings to the Federal Energy Order 11964 of January 19, 1977 and 33 Regulatory Commission, 888 First Street U.S.C. 1605 provide that the JVR Energy Park LLC; Notice of Filing NE, Washington, DC 20426. Hand requirements of the International delivered submissions in docketed Regulations for Preventing Collisions at Take notice that on January 29, 2021, proceedings should be delivered to Sea, 1972 (72 COLREGS), as to the pursuant to section 211 of the Federal 1 Health and Human Services, 12225 number, position, range, or arc of Power Act and section 9.3.3 of the San Wilkins Avenue, Rockville, Maryland visibility of lights or shapes, as well as Diego Gas & Electric Company (SDG&E) 20852. to the disposition and characteristics of Transmission Owner Tariff, JVR Energy Comment Date: 5:00 p.m. Eastern sound-signaling appliances, shall not Park LLC (JVR) filed an application Time on February 19, 2021. requesting that the Federal Energy apply to a vessel or class of vessels of Dated: February 2, 2021. the Navy where the Secretary of the Regulatory Commission (Commission) Nathaniel J. Davis, Sr., Navy shall find and certify that, by issue an order requiring SDG&E to reason of special construction or provide interconnection and Deputy Secretary. transmission services for JVR’s proposed purpose, it is not possible for such [FR Doc. 2021–02503 Filed 2–5–21; 8:45 am] Kettle Solar One solar photovoltaic and vessel(s) to comply fully with the BILLING CODE 6717–01–P battery energy storage generating facility provisions without interfering with the project. special function of the vessel(s). Notice Any person desiring to intervene or to DEPARTMENT OF ENERGY of issuance of a Certificate of Alternate protest this filing must file in Compliance must be made in the accordance with Rules 211 and 214 of Federal Energy Regulatory Federal Register. the Commission’s Rules of Practice and Commission In accordance with 33 U.S.C. 1605, Procedure (18 CFR 385.211 and the DAJAG (Admiralty and Maritime 385.214). Protests will be considered by [Project No. 5737–007] the Commission in determining the Law), under authority delegated by the Santa Clara Valley Water District; appropriate action to be taken, but will Secretary of the Navy, hereby finds and Notice of Availability of Supplemental not serve to make protestants parties to certifies that USS SAVANNAH (LCS 28) Environmental Assessment is a vessel of special construction or the proceeding. Any person wishing to purpose, and that, with respect to the become a party must file a notice of In accordance with the National position of the following navigational intervention or motion to intervene, as Environmental Policy Act of 1969 and lights, it is not possible to comply fully appropriate. Such notices, motions, or the Federal Energy Regulatory with the requirements of the provisions protests must be filed on or before the Commission’s (Commission) enumerated in the 72 COLREGS without comment date. Anyone filing a motion regulations, 18 CFR part 380 (Order No. interfering with the special function of to intervene or protest must serve a copy 486, 52 FR 47897), the Office of Energy the vessel: of that document on the Applicant. On Projects has reviewed an application or before the comment date, it is not submitted by Santa Clara Valley Water Annex I, paragraph 2(a)(i), pertaining necessary to serve motions to intervene District for the Anderson Dam Project to the vertical position of the forward or protests on persons other than the No. 5737, to draw down the Anderson masthead lights; Annex I, paragraph Applicant. Reservoir, construct and operate a new 3(a), pertaining to the horizontal In addition to publishing the full text low-level outlet tunnel, and implement position of the forward masthead lights; of this document in the Federal downstream measures. Anderson Dam Rule 21(a) and Annex I, paragraph Register, the Commission provides all is located on Coyote Creek in Santa 2(f)(i), pertaining to masthead light interested persons an opportunity to Clara County, California. obstructions; Annex I, paragraph 3(a), view and/or print the contents of this A supplemental environmental pertaining to the horizontal separation document via the internet through the assessment (EA) has been prepared as between the forward and aft masthead Commission’s Home Page (http:// part of Commission staff’s review of the lights; Annex I, paragraph 3(c), ferc.gov) using the ‘‘eLibrary’’ link. proposal.1 The supplemental EA pertaining to vertical and horizontal Enter the docket number excluding the includes additional analysis to spacing of task lights; and Rule 27(b)(i) last three digits in the docket number supplement staff’s October 1, 2020 EA and Annex I, paragraph 9(b), pertaining field to access the document. At this for the reservoir drawdown. The to the obstruction of task lights. time, the Commission has suspended supplemental EA contains Commission access to the Commission’s Public The DAJAG (Admiralty and Maritime staff’s analysis of the probable Reference Room, due to the Law) further finds and certifies that environmental effects of the proposed proclamation declaring a National these navigational lights are in closest action and concludes that approval of Emergency concerning the Novel possible compliance with the applicable the proposal, with appropriate Coronavirus Disease (COVID–19), issued provision of the 72 COLREGS. environmental protective measures, by the President on March 13, 2020. For would not constitute a major federal Authority: 33 U.S.C. 1605(c), E.O. 11964. assistance, contact FERC at Approved: February 3, 2021. [email protected] or call 1 On July 16, 2020, the Council on Environmental toll-free, (886) 208–3676 or TYY, (202) Quality (CEQ) issued a final rule, Update to the K.R. Callan, 502–8659. Regulations Implementing the Procedural Commander, Judge Advocate General’s Corps, The Commission strongly encourages Provisions of the National Environmental Policy Act U.S. Navy, Federal Register Liaison Officer. (Final Rule, 85 FR 43,304), which was effective as electronic filings of comments, protests of September 14, 2020; however, the NEPA review [FR Doc. 2021–02483 Filed 2–5–21; 8:45 am] of this project was in process at that time and was BILLING CODE 3810–FF–P 1 16 U.S.C. 824j, (2018). prepared pursuant to CEQ’s 1978 NEPA regulations.

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action significantly affecting the quality Description: Compliance filing: Notice Supplemental Reserves in the NYCA to of the human environment. of Effective Date and Compliance Filing be effective 12/31/9998. The supplemental EA may be viewed to be effective 1/1/2021. Filed Date: 2/2/21. on the Commission’s website at http:// Filed Date: 1/29/21. Accession Number: 20210202–5058. www.ferc.gov using the ‘‘elibrary’’ link. Accession Number: 20210129–5188. Comments Due: 5 p.m. ET 2/23/21. Enter the docket number (P–5737) in the Comments Due: 5 p.m. ET 2/19/21. Docket Numbers: ER21–1019–000. docket number field to access the Docket Numbers: ER20–2283–002. Applicants: Duke Energy Florida, document. At this time, the Commission Applicants: Midcontinent LLC. has suspended access to the Independent System Operator, Inc. Description: Tariff Cancellation: DEF– Commission’s Public Reference Room, Description: Compliance filing: 2021– DEF Notice of Termination RS No. 331 due to the proclamation declaring a 02–02_SA 3517 Substitute Deficiency to be effective 4/4/2021. National Emergency concerning the Response NSP–MDU FSA (J316) to be Filed Date: 2/2/21. Novel Coronavirus Disease (COVID–19), effective 7/1/2020. Accession Number: 20210202–5092. issued by the President on March 13, Filed Date: 2/2/21. Comments Due: 5 p.m. ET 2/23/21. 2020. For assistance, contact FERC Accession Number: 20210202–5083. Docket Numbers: ER21–1020–000. Online Support at Comments Due: 5 p.m. ET 2/23/21. Applicants: Midcontinent [email protected] or toll- Docket Numbers: ER21–304–001. Independent System Operator, Inc., free at 1–866–208–3372, or for TTY, Applicants: Cherokee County ALLETE, Inc. (202) 502–8659. Cogeneration Partners, LLC. Description: § 205(d) Rate Filing: _ Dated: February 2, 2021. Description: Tariff Amendment: 2021–02–02 ALLETE Depreciation Rate Kimberly D. Bose, Response to Request for Additional Filing to be effective 1/1/2020. Filed Date: 2/2/21. Secretary. Information to be effective 1/1/2021. Accession Number: 20210202–5107. [FR Doc. 2021–02498 Filed 2–5–21; 8:45 am] Filed Date: 2/1/21. Accession Number: 20210201–5216. Comments Due: 5 p.m. ET 2/23/21. BILLING CODE 6717–01–P Comments Due: 5 p.m. ET 2/22/21. The filings are accessible in the Docket Numbers: ER21–610–001. Commission’s eLibrary system (https:// DEPARTMENT OF ENERGY Applicants: PJM Interconnection, elibrary.ferc.gov/idmws/search/ L.L.C. fercgensearch.asp) by querying the Federal Energy Regulatory Description: Tariff Amendment: docket number. Commission Request to Defer Action: Revised ISA, Any person desiring to intervene or SA No. 1503; Queue No. AD2–001 to be protest in any of the above proceedings Combined Notice of Filings #1 effective 12/31/9998. must file in accordance with Rules 211 Filed Date: 2/1/21. and 214 of the Commission’s Take notice that the Commission Regulations (18 CFR 385.211 and received the following electric rate Accession Number: 20210201–5202. Comments Due: 5 p.m. ET 2/22/21. 385.214) on or before 5:00 p.m. Eastern filings: time on the specified comment date. Docket Numbers: ER21–1015–000. Docket Numbers: ER19–2462–002; Protests may be considered, but Applicants: PacifiCorp. ER18–2264–005; ER19–289–005; intervention is necessary to become a Description: § 205(d) Rate Filing: ER11–4111–002. party to the proceeding. OATT Revised Ancillary Services Rate Applicants: Macquarie Energy LLC, eFiling is encouraged. More detailed Case Settlement Filing to be effective Macquarie Energy Trading LLC, Cleco information relating to filing 1/1/2021. Cajun LLC, Hudson Ranch Power I LLC. requirements, interventions, protests, Filed Date: 2/1/21. Description: Supplement to November service, and qualifying facilities filings Accession Number: 20210201–5213. 30, 2020 Notice of Non-Material Change can be found at: http://www.ferc.gov/ Comments Due: 5 p.m. ET 2/22/21. in Status of Macquarie Energy LLC, et docs-filing/efiling/filing-req.pdf. For al. Docket Numbers: ER21–1016–000. other information, call (866) 208–3676 Filed Date: 2/2/21. Applicants: PJM Interconnection, (toll free). For TTY, call (202) 502–8659. Accession Number: 20210202–5023. L.L.C. Dated: February 2, 2021. Comments Due: 5 p.m. ET 2/23/21. Description: Petition for Limited Nathaniel J. Davis, Sr., Docket Numbers: ER10–2906–017; Waiver of PJM Interconnection, L.L.C. ER10–2908–017; ER11–4393–011; Filed Date: 1/29/21. Deputy Secretary. ER11–4669–009; ER11–4670–009; Accession Number: 20210129–5439. [FR Doc. 2021–02502 Filed 2–5–21; 8:45 am] ER12–709–008; ER19–1716–005. Comments Due: 5 p.m. ET 2/19/21. BILLING CODE 6717–01–P Applicants: Morgan Stanley Capitol Docket Numbers: ER21–1017–000. Group Inc., MS Solar Solutions Corp., Applicants: NorthWestern DEPARTMENT OF ENERGY Morgan Stanley Energy Structuring, Corporation. L.L.C, TAQA Gen X LLC, Naturener Description: Annual Filing of Revised Federal Energy Regulatory Montana Wind Energy, LLC, NaturEner Costs and Accruals for Post- Commission Power Watch, LLC, NaturEner Wind Employment Benefits Other than Watch, LLC. Pensions of NorthWestern Corporation. [Docket No. EL21–42–000] Description: Notice of Non-Material Filed Date: 2/1/21. Change in Status of Morgan Stanley Accession Number: 20210201–5265. Quincy-Columbia Basin Irrigation Capital Group Inc., et al. Comments Due: 5 p.m. ET 2/22/21. District, East Columbia Basin Irrigation Filed Date: 2/1/21. District; Notice of Petition for Docket Numbers: ER21–1018–000. Declaratory Order Accession Number: 20210201–5264. Applicants: New York Independent Comments Due: 5 p.m. ET 2/22/21. System Operator, Inc. Take notice that, on January 22, 2021, Docket Numbers: ER20–1743–001. Description: § 205(d) Rate Filing: 205: pursuant to Rule 207 of the Federal Applicants: Gulf Power Company. Procuring Operating Reserves and Energy Regulatory Commission’s

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(Commission) Rules of Practice and Comment Date: 5:00 p.m. Eastern time Description: Compliance filing Procedure, 18 CFR 385.207, Quincy- on February 22, 2021. Penalty Revenue Crediting Report- Columbia Basin Irrigation District and Dated: February 2, 2021. KMLP 12 months ending December East Columbia Basin Irrigation District Kimberly D. Bose, 2020. (Petitioners), filed a petition for Filed Date: 1/29/21. Secretary. declaratory order (Petition) requesting Accession Number: 20210129–5018. that the Commission issue a declaratory [FR Doc. 2021–02499 Filed 2–5–21; 8:45 am] Comments Due: 5 p.m. ET 2/10/21. order declaring that Section 211A of the BILLING CODE 6717–01–P Docket Numbers: RP21–418–000. Federal Power Act does not grant the Applicants: Kinder Morgan Illinois Commission jurisdiction over an DEPARTMENT OF ENERGY Pipeline LLC. unregulated transmitting utility solely Description: Compliance filing as a result of the utility establishing Federal Energy Regulatory Penalty Revenue Annual Report for different transmission rates by customer Commission 2020. class or by contract, as more fully Filed Date: 1/29/21. explained in the petition. Combined Notice of Filings Accession Number: 20210129–5021. Any person desiring to intervene or to Comments Due: 5 p.m. ET 2/10/21. protest this filing must file in Take notice that the Commission has Docket Numbers: RP21–419–000. accordance with Rules 211 and 214 of received the following Natural Gas Applicants: Great Lakes Gas the Commission’s Rules of Practice and Pipeline Rate and Refund Report filings: Transmission Limited Partnership. Procedure (18 CFR 385.211, 385.214). Docket Number: PR21–25–000. Description: Compliance filing Semi- Protests will be considered by the Applicants: NorthWestern Annual Transporter’s Use Report Commission in determining the Corporation. appropriate action to be taken, but will Description: Tariff filing per January 2021. not serve to make protestants parties to 284.123(b),(e)/: Revised Transportation Filed Date: 1/29/21. the proceeding. Any person wishing to & Storage Rates (Tax Tracker) to be Accession Number: 20210129–5036. become a party must file a notice of effective 1/1/2021. Comments Due: 5 p.m. ET 2/10/21. intervention or motion to intervene, as Filed Date: 2/1/2021. Docket Numbers: RP21–420–000. appropriate. Such notices, motions, or Accession Number: 202102015055. Applicants: WBI Energy protests must be filed on or before the Comments/Protests Due: 5 p.m. ET Transmission, Inc. comment date. Anyone filing a motion 2/22/2021. Description: § 4(d) Rate Filing: 2021 to intervene or protest must serve a copy Docket Numbers: RP11–1711–000. ACA Update to FERC Link to be of that document on the Petitioners. Applicants: Texas Gas Transmission, effective 3/1/2021. In addition to publishing the full text LLC. Filed Date: 1/29/21. of this document in the Federal Description: Report Filing: 2020 Cash Accession Number: 20210129–5051. Register, the Commission provides all Out Filing. Comments Due: 5 p.m. ET 2/10/21. interested persons an opportunity to Filed Date: 1/29/21. Docket Numbers: RP21–421–000. view and/or print the contents of this Accession Number: 20210129–5041. Applicants: Panhandle Eastern Pipe document via the internet through the Comments Due: 5 p.m. ET 2/10/21. Line Company, LP. Commission’s Home Page (http:// Docket Numbers: RP21–232–002. Description: § 4(d) Rate Filing: ferc.gov) using the ‘‘eLibrary’’ link. Applicants: Cheniere Corpus Christi Negotiated Rate Filing on 1–29–21 to be Enter the docket number excluding the Pipeline, LP. effective 2/1/2021. last three digits in the docket number Description: Compliance filing Filed Date: 1/29/21. field to access the document. At this Section 157.20(c)(2) Compliance in Accession Number: 20210129–5068. time, the Commission has suspended Docket No. CP18–513, et al—Eff 1/26/ Comments Due: 5 p.m. ET 2/10/21. access to the Commission’s Public 2021 to be effective 1/26/2021. Docket Numbers: RP21–422–000. Reference Room, due to the Filed Date: 1/29/21. Applicants: Texas Eastern proclamation declaring a National Accession Number: 20210129–5199. Transmission, LP. Comments Due: 5 p.m. ET 2/10/21. Emergency concerning the Novel Description: § 4(d) Rate Filing: Coronavirus Disease (COVID–19), issued Docket Numbers: RP21–415–000. Negotiated Rates—Gulfport 911377 by the President on March 13, 2020. For Applicants: Algonquin Gas Release eff 2–1–21 to be effective 2/1/ assistance, contact the Federal Energy Transmission, LLC. 2021. Regulatory Commission at Description: § 4(d) Rate Filing: Filed Date: 1/29/21. [email protected] or call Negotiated Rates—Various Releases eff Accession Number: 20210129–5071. toll-free, (886) 208–3676 or TYY, (202) 2–1–2021 to be effective 2/1/2021. Comments Due: 5 p.m. ET 2/10/21. 502–8659. Filed Date: 1/29/21. The Commission strongly encourages Accession Number: 20210129–5008. Docket Numbers: RP21–423–000. electronic filings of comments, protests, Comments Due: 5 p.m. ET 2/10/21. Applicants: Wyoming Interstate and interventions in lieu of paper using Docket Numbers: RP21–416–000. Company, L.L.C. the ‘‘eFiling’’ link at http:// Applicants: Eastern Gas Transmission Description: § 4(d) Rate Filing: FL&U www.ferc.gov. Persons unable to file and Storage, Inc. Quarterly Update to be effective 3/1/ electronically may mail similar Description: § 4(d) Rate Filing: Eastern 2021. pleadings to the Federal Energy GTS—January 29th, 2021—Negotiated Filed Date: 1/29/21. Regulatory Commission, 888 First Street Rate Agreement to be effective 2/1/2021. Accession Number: 20210129–5073. NE, Washington, DC 20426. Hand Filed Date: 1/29/21. Comments Due: 5 p.m. ET 2/10/21. delivered submissions in docketed Accession Number: 20210129–5012. Docket Numbers: RP21–424–000. proceedings should be delivered to Comments Due: 5 p.m. ET 2/10/21. Applicants: Gulf South Pipeline Health and Human Services, 12225 Docket Numbers: RP21–417–000. Company, LLC. Wilkins Avenue, Rockville, Maryland Applicants: Kinder Morgan Louisiana Description: § 4(d) Rate Filing: Cap 20852. Pipeline LLC. Rel Neg Rate Agmts (Atlanta 8438

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releases eff 2–1–2021) to be effective Accession Number: 20210129–5165. Accession Number: 20210201–5021. 2/1/2021. Comments Due: 5 p.m. ET 2/10/21. Comments Due: 5 p.m. ET 2/16/21. Filed Date: 1/29/21. Docket Numbers: RP21–432–000. Docket Numbers: RP21–439–000. Accession Number: 20210129–5097. Applicants: Southern Star Central Gas Applicants: Eastern Gas Transmission Comments Due: 5 p.m. ET 2/10/21. Pipeline, Inc. and Storage, Inc. Docket Numbers: RP21–425–000. Description: § 4(d) Rate Filing: Annual Description: § 4(d) Rate Filing: Eastern Applicants: Gulf South Pipeline Modernization Capital Cost Recovery GTS—Modifications to ACA Links to be Company, LLC. Mechanism- Eff. March 1, 2021 to be effective 3/4/2021. Description: § 4(d) Rate Filing: Cap effective 3/1/2021. Filed Date: 2/1/21. Rel Neg Rate Agmts (Marathon releases Filed Date: 1/29/21. Accession Number: 20210201–5031. eff 2–1–2021) to be effective 2/1/2021. Accession Number: 20210129–5167. Comments Due: 5 p.m. ET 2/16/21. Filed Date: 1/29/21. Comments Due: 5 p.m. ET 2/10/21. Docket Numbers: RP21–440–000. Accession Number: 20210129–5099. Docket Numbers: RP21–433–000. Applicants: Cove Point LNG, LP. Comments Due: 5 p.m. ET 2/10/21. Applicants: Florida Gas Transmission Description: § 4(d) Rate Filing: Cove Docket Numbers: RP21–426–000. Company, LLC. Point—Modifications to ACA Links to Applicants: Northern Natural Gas Description: § 4(d) Rate Filing: Update be effective 3/4/2021. Company. Non-Conforming List (Topaz) to be Filed Date: 2/1/21. Description: § 4(d) Rate Filing: effective 2/1/2021. Accession Number: 20210201–5041. 20210129 Negotiated Rate to be effective Filed Date: 1/29/21. Comments Due: 5 p.m. ET 2/16/21 2/1/2021. Accession Number: 20210129–5168. Docket Numbers: RP21–441–000. Filed Date: 1/29/21. Comments Due: 5 p.m. ET 2/10/21. Applicants: Florida Gas Transmission Accession Number: 20210129–5100. Docket Numbers: RP21–434–000. Company, LLC. Comments Due: 5 p.m. ET 2/10/21. Applicants: Natural Gas Pipeline Description: § 4(d) Rate Filing: Rate Docket Numbers: RP21–427–000. Company of America. Case Filed on 2–1–21 to be effective Applicants: LA Storage, LLC. Description: § 4(d) Rate Filing: 3/1/2021. Description: § 4(d) Rate Filing: Filing Negotiated Non-Conforming Rate Filed Date: 2/1/21. of Negotiated Rate, Conforming IW Agreement Filing-Corpus Christi Accession Number: 20210201–5087. Agreement (Indigo) to be effective 2/1/ Liquefaction, LLC to be effective 3/1/ Comments Due: 5 p.m. ET 2/16/21. 2021. 2021. Docket Numbers: RP21–442–000. Filed Date: 1/29/21. Filed Date: 1/29/21. Applicants: Algonquin Gas Accession Number: 20210129–5134. Accession Number: 20210129–5178. Transmission, LLC. Comments Due: 5 p.m. ET 2/10/21. Comments Due: 5 p.m. ET 2/10/21. Description: § 4(d) Rate Filing: Docket Numbers: RP21–428–000. Docket Numbers: RP21–435–000. Negotiated Rate—Consolidated Edison Applicants: Enable Mississippi River Applicants: Maritimes & Northeast 510371 eff 2–2–2021 to be effective Transmission, LLC. Pipeline, L.L.C. 2/2/2021. Description: § 4(d) Rate Filing: MRT Description: § 4(d) Rate Filing: Filed Date: 2/1/21. Filing to Correct Tariff Record—Feb 1, Negotiated Rates—Essential Power Accession Number: 20210201–5106. 2021 to be effective 2/1/2021. K210032 eff 02–01–21 to be effective Comments Due: 5 p.m. ET 2/16/21. Filed Date: 1/29/21. 2/1/2021. Docket Numbers: RP21–443–000 Accession Number: 20210129–5135. Filed Date: 1/29/21. Applicants: Algonquin Gas Comments Due: 5 p.m. ET 2/10/21. Accession Number: 20210129–5182. Transmission, LLC. Docket Numbers: RP21–429–000. Comments Due: 5 p.m. ET 2/10/21. Description: § 4(d) Rate Filing: Applicants: Rockies Express Pipeline Docket Numbers: RP21–436–000. Negotiated Rate—Consolidated Edison LLC. Applicants: Steckman Ridge, LP. 510371 eff 2–1–2021 to be effective Description: § 4(d) Rate Filing: REX Description: § 4(d) Rate Filing: 2/1/2021. 2021–01–29 Negotiated Rate Steckman Title Transfer Process Update Filed Date: 2/1/21. Agreements to be effective 2/1/2021. eff 3–4–21 to be effective 3/4/2021. Accession Number: 20210201–5110. Filed Date: 1/29/21. Filed Date: 1/29/21. Comments Due: 5 p.m. ET 2/16/21. Accession Number: 20210129–5141. Accession Number: 20210129–5204. Docket Numbers: RP21–444–000. Comments Due: 5 p.m. ET 2/10/21. Comments Due: 5 p.m. ET 2/10/21. Applicants: Gulf South Pipeline Docket Numbers: RP21–430–000. Docket Numbers: RP21–437–000. Company, LLC. Applicants: Transcontinental Gas Applicants: Rockies Express Pipeline Description: § 4(d) Rate Filing: Pipe Line Company, LLC. LLC. Amendment to Neg Rate Agmt (Uniper Description: § 4(d) Rate Filing: Description: § 4(d) Rate Filing: REX 46406) to be effective 2/1/2021. Negotiated Rates—Cherokee AGL— 2021–01–29 Non-Conforming Filed Date: 2/1/21. Replacement Shippers—Feb 2021 to be Negotiated Rate Amendment to be Accession Number: 20210201–5123. effective 2/1/2021. effective 2/1/2021. Comments Due: 5 p.m. ET 2/16/21. Filed Date: 1/29/21. Filed Date: 1/29/21. Docket Numbers: RP21–445–000. Accession Number: 20210129–5144. Accession Number: 20210129–5208. Applicants: Gulf South Pipeline Comments Due: 5 p.m. ET 2/10/21. Comments Due: 5 p.m. ET 2/10/21. Company, LLC. Docket Numbers: RP21–431–000. Docket Numbers: RP21–438–000. Description: § 4(d) Rate Filing: Perm Applicants: Florida Gas Transmission Applicants: Columbia Gas Rel Devon 51759 to BKV 53579, re- Company, LLC. Transmission, LLC. release to Concord 53582 filing to be Description: § 4(d) Rate Filing: New Description: § 4(d) Rate Filing: Ascent effective 2/1/2021. Service Agreements—Topaz to be Resources Negotiated Rate Amendment Filed Date: 2/1/21. effective 2/1/2021. to be effective 2/1/2021. Accession Number: 20210201–5124. Filed Date: 1/29/21. Filed Date: 2/1/21. Comments Due: 5 p.m. ET 2/16/21.

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Docket Numbers: RP21–446–000. Dated: February 2, 2021. requesting authorization of its Perulack Applicants: Gulf South Pipeline Nathaniel J. Davis, Sr., Compressor Units Replacement Project Company, LLC. Deputy Secretary. (Project). Texas Eastern seeks Description: § 4(d) Rate Filing: Cap [FR Doc. 2021–02501 Filed 2–5–21; 8:45 am] authorization to: (1) Abandon and Rel Neg Rate Agmt (Constellation 53545 BILLING CODE 6717–01–P remove four existing compressor units, to Exelon 53591) to be effective 2/1/ (2) construct two new compressor units, 2021. and (3) construct auxiliary appurtenant Filed Date: 2/1/21. DEPARTMENT OF ENERGY facilities at its existing Perulack Accession Number: 20210201–5125. Compressor Station located in Juniata Comments Due: 5 p.m. ET 2/16/21. Federal Energy Regulatory County, Pennsylvania. The Project is Docket Numbers: RP21–447–000. Commission designed to comply with air emission Applicants: Transcontinental Gas reduction requirements in Pennsylvania [Docket No. CP21–31–000] Pipe Line Company, LLC. and will not create new capacity. Texas Description: § 4(d) Rate Filing: Rate Texas Eastern Transmission, LP; Eastern estimates the total cost of the Schedule S–2 Tracker Filing eff 2–1– Notice of Waiver Period for Water Project to be $135.7 million, all as more 2021 to be effective 2/1/2021. Quality Certification Application fully set forth in the application which Filed Date: 2/1/21. is on file with the Commission and open Accession Number: 20210201–5141. On January 15, 2021, Texas Eastern for public inspection. Comments Due: 5 p.m. ET 2/16/21. Transmission, LP submitted to the Texas Eastern’s application states that Docket Numbers: RP21–448–000. Federal Energy Regulatory Commission a water quality certificate under section Applicants: Northern Natural Gas (Commission) a copy of its application 401 of the Clean Water Act is required Company. for a Clean Water Act section 401(a)(1) for the project from the Pennsylvania Description: § 4(d) Rate Filing: water quality certification filed with the Department of Environmental 20210201 Annual PRA to be effective Pennsylvania Department of Protection. The request for certification 4/1/2021. Environmental Protection, in must be submitted to the certifying Filed Date: 2/1/21. conjunction with the above captioned agency and to the Commission Accession Number: 20210201–5172. project. Pursuant to 40 CFR 121.6, we concurrently. Proof of the certifying Comments Due: 5 p.m. ET 2/16/21. hereby notify the Pennsylvania agency’s receipt date must be filed no Docket Numbers: RP21–449–000. Department of Environmental Protection later than five (5) days after the request Applicants: Equitrans, L.P. of the following: is submitted to the certifying agency. In addition to publishing the full text Description: § 4(d) Rate Filing: Date of Receipt of the Certification of this document in the Federal Negotiated Rate Capacity Release Request: November 16, 2020. Register, the Commission provides all Agreements—2/1/2021 to be effective Reasonable Period of Time to Act on interested persons an opportunity to 2/1/2021. the Certification Request: One year. view and/or print the contents of this Filed Date: 2/1/21. Date Waiver Occurs for Failure to Act: document via the internet through the Accession Number: 20210201–5191. November 16, 2021. Commission’s Home Page (http:// Comments Due: 5 p.m. ET 2/16/21. If the Pennsylvania Department of Environmental Protection fails or ferc.gov) using the ‘‘eLibrary’’ link. Docket Numbers: RP21–450–000. Enter the docket number excluding the Applicants: White River Hub, LLC. refuses to act on the water quality certification request by the above waiver last three digits in the docket number Description: § 4(d) Rate Filing: Non- field to access the document. At this conforming TSAs V. 4.0.0 to be effective date, then the agency certifying authority is deemed waived pursuant to time, the Commission has suspended 3/3/2021. access to the Commission’s Public section 401(a)(1) of the Clean Water Act, Filed Date: 2/1/21. Reference Room, due to the 33 U.S.C. 1341(a)(1). Accession Number: 20210201–5198. proclamation declaring a National Comments Due: 5 p.m. ET 2/16/21. Dated: February 2, 2021. Emergency concerning the Novel The filings are accessible in the Nathaniel J. Davis, Sr., Coronavirus Disease (COVID–19), issued Commission’s eLibrary system (https:// Deputy Secretary. by the President on March 13, 2020. For elibrary.ferc.gov/idmws/search/ [FR Doc. 2021–02504 Filed 2–5–21; 8:45 am] assistance, contact the Federal Energy fercgensearch.asp) by querying the BILLING CODE 6717–01–P Regulatory Commission at docket number. [email protected] or call Any person desiring to intervene or toll-free, (886) 208–3676 or TYY, (202) protest in any of the above proceedings DEPARTMENT OF ENERGY 502–8659. must file in accordance with Rules 211 Any questions regarding the proposed and 214 of the Commission’s Federal Energy Regulatory project should be directed to Lisa A. Regulations (18 CFR 385.211 and Commission Connolly, Director, Regulatory, Texas 385.214) on or before 5:00 p.m. Eastern Eastern Transmission, LP, P.O. Box [Docket No. CP21–31–000] time on the specified comment date. 1642, Houston, Texas 77251–1642, by Protests may be considered, but Texas Eastern Transmission, LP; phone at (713) 627–4102, or by email at intervention is necessary to become a Notice of Application and Establishing [email protected]. party to the proceeding. Intervention Deadline Pursuant to section 157.9 of the eFiling is encouraged. More detailed Commission’s Rules of Practice and information relating to filing Take notice that on January 15, 2021, Procedure,1 within 90 days of this requirements, interventions, protests, Texas Eastern Transmission, LP (Texas Notice the Commission staff will either: service, and qualifying facilities filings Eastern), 5400 Westheimer Court, Complete its environmental review and can be found at: http://www.ferc.gov/ Houston, TX 77056–5310, filed an place it into the Commission’s public docs-filing/efiling/filing-req.pdf. For application under section 7(b) and 7(c) record (eLibrary) for this proceeding; or other information, call (866) 208–3676 of the Natural Gas Act (NGA), and Part (toll free). For TTY, call (202) 502–8659. 157 of the Commission’s regulations 1 18 CFR (Code of Federal Regulations) 157.9.

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issue a Notice of Schedule for (3) You can file a paper copy of your resident of an impacted community, or Environmental Review. If a Notice of comments by mailing them to the recreationist. You do not need to have Schedule for Environmental Review is following address below. Your written property directly impacted by the issued, it will indicate, among other comments must reference the Project project in order to intervene.] For more milestones, the anticipated date for the docket number (CP21–31–000). information about motions to intervene, Commission staff’s issuance of the final To mail via USPS, use the following refer to the FERC website at https:// environmental impact statement (FEIS) address: Kimberly D. Bose, Secretary, www.ferc.gov/resources/guides/how-to/ or environmental assessment (EA) for Federal Energy Regulatory Commission, intervene.asp. this proposal. The filing of an EA in the 888 First Street NE, Washington, DC There are two ways to submit your Commission’s public record for this 20426. motion to intervene. In both instances, proceeding or the issuance of a Notice To mail via any other courier, use the please reference the Project docket of Schedule for Environmental Review following address: Kimberly D. Bose, number CP21–31–000 in your will serve to notify federal and state Secretary, Federal Energy Regulatory submission. agencies of the timing for the Commission, 12225 Wilkins Avenue, (1) You may file your motion to completion of all necessary reviews, and Rockville, Maryland 20852. intervene by using the Commission’s the subsequent need to complete all The Commission encourages eFiling feature, which is located on the federal authorizations within 90 days of electronic filing of comments (options 1 Commission’s website (www.ferc.gov) the date of issuance of the Commission and 2 above) and has eFiling staff under the link to Documents and staff’s FEIS or EA. available to assist you at (202) 502–8258 Filings. New eFiling users must first or [email protected]. create an account by clicking on Public Participation Persons who comment on the ‘‘eRegister.’’ You will be asked to select There are two ways to become environmental review of this project the type of filing you are making; first involved in the Commission’s review of will be placed on the Commission’s select ‘‘General’’ and then select this project: You can file comments on environmental mailing list, and will ‘‘Intervention.’’ The eFiling feature the project, and you can file a motion receive notification when the includes a document-less intervention to intervene in the proceeding. There is environmental documents (EA or EIS) option; for more information, visit no fee or cost for filing comments or are issued for this project and will be https://www.ferc.gov/docs-filing/efiling/ intervening. The deadline for filing a notified of meetings associated with the document-less-intervention.pdf.; or motion to intervene is 5:00 p.m. Eastern Commission’s environmental review (2) You can file a paper copy of your Time on February 23, 2021. process. motion to intervene, along with three The Commission considers all copies, by mailing the documents to the Comments comments received about the project in address below. Your motion to Any person wishing to comment on determining the appropriate action to be intervene must reference the Project the project may do so. Comments may taken. However, the filing of a comment docket number CP21–31–000. include statements of support or alone will not serve to make the filer a To mail via USPS, use the following objections to the project as a whole or party to the proceeding. To become a address: Kimberly D. Bose, Secretary, specific aspects of the project. The more party, you must intervene in the Federal Energy Regulatory Commission, specific your comments, the more useful proceeding. For instructions on how to 888 First Street NE, Washington, DC they will be. To ensure that your intervene, see below. 20426. comments are timely and properly To mail via any other courier, use the recorded, please submit your comments Interventions following address: Kimberly D. Bose, on or before February 23, 2021. Any person, which includes Secretary, Federal Energy Regulatory There are three methods you can use individuals, organizations, businesses, Commission, 12225 Wilkins Avenue, to submit your comments to the municipalities, and other entities,2 has Rockville, Maryland 20852. Commission. In all instances, please the option to file a motion to intervene The Commission encourages reference the Project docket number in this proceeding. Only intervenors electronic filing of motions to intervene CP21–31–000 in your submission. have the right to request rehearing of (option 1 above) and has eFiling staff (1) You may file your comments Commission orders issued in this available to assist you at (202) 502–8258 electronically by using the eComment proceeding and to subsequently or [email protected]. Motions to intervene must be served feature, which is located on the challenge the Commission’s orders in on the applicant either by mail or email Commission’s website at www.ferc.gov the U.S. Circuit Courts of Appeal. at: P.O. Box 1642, Houston, Texas under the link to Documents and To intervene, you must submit a 77251–1642 or at lisa.connolly@ Filings. Using eComment is an easy motion to intervene to the Commission enbridge.com. Any subsequent method for interested persons to submit in accordance with Rule 214 of the submissions by an intervenor must be brief, text-only comments on a project; Commission’s Rules of Practice and served on the applicant and all other (2) You may file your comments Procedure 3 and the regulations under parties to the proceeding. Contact electronically by using the eFiling the NGA 4 by the intervention deadline information for parties can be feature, which is located on the for the project, which is February 23, downloaded from the service list at the Commission’s website (www.ferc.gov) 2021. As described further in Rule 214, eService link on FERC Online. Service under the link to Documents and your motion to intervene must state, to can be via email with a link to the Filings. With eFiling, you can provide the extent known, your position comments in a variety of formats by document. regarding the proceeding, as well as the All timely, unopposed 5 motions to attaching them as a file with your your interest in the proceeding. [For an submission. New eFiling users must intervene are automatically granted by individual, this could include your operation of Rule 214(c)(1).6 Motions to first create an account by clicking on status as a landowner, ratepayer, ‘‘eRegister.’’ You will be asked to select 5 The applicant has 15 days from the submittal of the type of filing you are making; first 2 18 CFR 385.102(d). a motion to intervene to file a written objection to select ‘‘General’’ and then select 3 18 CFR 385.214. the intervention. ‘‘Comment on a Filing’’; or 4 18 CFR 157.10. 6 18 CFR 385.214(c)(1).

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intervene that are filed after the River in Providence County, Rhode must be addressed to: Kimberly D. Bose, intervention deadline are untimely, and Island. The sole purpose of a Secretary, Federal Energy Regulatory may be denied. Any late-filed motion to preliminary permit, if issued, is to grant Commission, 12225 Wilkins Avenue, intervene must show good cause for the permit holder priority to file a Rockville, Maryland 20852. The first being late and must explain why the license application during the permit page of any filing should include docket time limitation should be waived and term. A preliminary permit does not number P–15057–000. provide justification by reference to authorize the permit holder to perform In addition to publishing the full text factors set forth in Rule 214(d) of the any land-disturbing activities or of this document in the Federal Commission’s Rules and Regulations.7 otherwise enter upon lands or waters Register, the Commission provides all A person obtaining party status will be owned by others without the owners’ interested persons an opportunity to placed on the service list maintained by express permission. view and/or print the contents of this the Secretary of the Commission and The proposed project would consist document via the internet through the will receive copies (paper or electronic) of: (1) An existing 246-foot-long, 18- Commission’s Home Page (http:// of all documents filed by the applicant foot-high stone masonry, arch-gravity ferc.gov) using the ‘‘eLibrary’’ link. and by all other parties. dam with a crest elevation of 105.72 feet Enter the docket number excluding the North American Vertical Datum of 1988 Tracking the Proceeding last three digits in the docket number (NAVD 88); (2) an existing field to access the document. At this Throughout the proceeding, impoundment with a surface area of time, the Commission has suspended additional information about the project 2.83 acres and a total storage capacity of access to the Commission’s Public will be available from the Commission’s 45.45-acre-feet at a surface elevation of Reference Room, due to the Office of External Affairs, at (866) 208– 106.22 feet NAVD 88; (3) two new 125- proclamation declaring a National FERC, or on the FERC website at kilowatt (kW) Siphon Kaplan turbine- Emergency concerning the Novel www.ferc.gov using the ‘‘eLibrary’’ link generator units for a total installed Coronavirus Disease (COVID–19), issued as described above. The eLibrary link capacity of 250 kW; (4) a new by the President on March 13, 2020. For also provides access to the texts of all transformer and 528-foot-long, 13- assistance, contact the Federal Energy formal documents issued by the kilovolt transmission line connecting Regulatory Commission at Commission, such as orders, notices, the turbine-generator units to the [email protected] or call and rulemakings. regional grid; and (5) appurtenant toll-free, (886) 208–3676 or TYY, (202) In addition, the Commission offers a facilities. The estimated annual 502–8659. Enter the docket number free service called eSubscription which generation of the Manville Dam Project (P–15057) in the docket number field to allows you to keep track of all formal would be 1,839 megawatt-hours. access the document. For assistance, issuances and submittals in specific Applicant Contact: Mr. Justin P. contact FERC Online Support. dockets. This can reduce the amount of Bristol, Manager, One Drop Hydro, LLC, time you spend researching proceedings P.O. Box 2033, Kingston, Rhode Island Dated: February 2, 2021. by automatically providing you with 02881; phone: (401) 793–6041; email: Kimberly D. Bose, notification of these filings, document [email protected]. Secretary. summaries, and direct links to the FERC Contact: Arash Barsari; phone: [FR Doc. 2021–02500 Filed 2–5–21; 8:45 am] documents. For more information and to (202) 502–6207; email: BILLING CODE 6717–01–P register, go to www.ferc.gov/docs-filing/ [email protected]. esubscription.asp. Deadline for filing comments, motions Intervention Deadline: 5:00 p.m. to intervene, competing applications ENVIRONMENTAL PROTECTION Eastern Time on February 23, 2021. (without notices of intent), or notices of AGENCY Dated: February 2, 2021. intent to file competing applications: 60 [FRL–10012–95–Region 5] Nathaniel J. Davis, Sr., days from the issuance of this notice. Competing applications and notices of Deputy Secretary. intent must meet the requirements of 18 Proposed Comprehensive [FR Doc. 2021–02507 Filed 2–5–21; 8:45 am] CFR 4.36. Environmental Response, BILLING CODE 6717–01–P The Commission strongly encourages Compensation, and Liability Act electronic filing. Please file comments, (CERCLA) Administrative Settlement motions to intervene, notices of intent, Agreement for Crest Rubber DEPARTMENT OF ENERGY and competing applications using the Superfund Site, Alliance, Ohio Federal Energy Regulatory Commission’s eFiling system at https:// AGENCY: Environmental Protection Commission ferconline.ferc.gov/eFiling.aspx. Agency (EPA). Commenters can submit brief comments [Project No. 15057–000] ACTION: Notice of proposed settlement up to 6,000 characters, without prior agreement and request for public registration, using the eComment system One Drop Hydro, LLC; Notice of comments. at https://ferconline.ferc.gov/ Preliminary Permit Application QuickComment.aspx. You must include SUMMARY: The Environmental Protection Accepted for Filing and Soliciting your name and contact information at Agency (EPA) is giving notice of a Comments, Motions To Intervene, and the end of your comments. For proposed administrative settlement for Competing Applications assistance, please contact FERC Online recovery of past response costs On November 23, 2020, One Drop Support. In lieu of electronic filing, you concerning the Crest Rubber Superfund Hydro, LLC, filed an application for a may submit a paper copy. Submissions Site in Alliance, Ohio with the preliminary permit, pursuant to section sent via the U.S. Postal Service must be following settling parties: Bridgestone 4(f) of the Federal Power Act, proposing addressed to: Kimberly D. Bose, Americas Tire Operations, LLC; to study the feasibility of the Manville Secretary, Federal Energy Regulatory Bridgestone Americas, Inc.; Firestone Dam Project (project), on the Blackstone Commission, 888 First Street NE, Room Polymers, LLC; FSPC Holdco, LLC; 1A, Washington, DC 20426. Firestone Industrial Products Company, 7 18 CFR 385.214(b)(3) and (d). Submissions sent via any other carrier LLC; and Bridgestone Bandag, LLC. The

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EPA invites written public comments on will receive written comments relating your estimate in sufficient detail to the Settlement for thirty (30) days to the Settlement. The Agency will allow for it to be reproduced. following publication of this notice. The consider all comments received and • Provide specific examples to settlement requires the settling parties may modify or withdraw its consent to illustrate your concerns and suggest to pay $1,489,333 to the Hazardous the Settlement if comments received alternatives. Substance Superfund. disclose facts or considerations which • Explain your views as clearly as DATES: Comments must be received on indicate that the Settlement is possible, avoiding the use of profanity or before March 10, 2021. inappropriate, improper, or inadequate. or personal threats. • Make sure to submit your ADDRESSES: The proposed settlement B. Where do I send my comments or comments by the identified comment and related documents can be viewed at view responses? period deadline. the Superfund Records Center (SRC–7J), United States Environmental Protection Your comments should be mailed to Dated: November 30, 2020. Agency, Region 5, 77 W Jackson Blvd., William Greaves, Superfund & Douglas Ballotti, Chicago, IL 60604, (312) 886–4465 and Emergency Management Division (S–6J), Director, Superfund & Emergency on-line at https://response.epa.gov/site/ U.S. Environmental Protection Agency, Management Division. site_profile.aspx?site_id=9619. Region 5, 77 West Jackson Boulevard, [FR Doc. 2021–02508 Filed 2–5–21; 8:45 am] You may send comments, referencing Chicago, Illinois 60604–3590. Be sure to BILLING CODE 6560–50–P the Crest Rubber Superfund Site in label the comments with the Docket Alliance, Ohio and identified by Docket Number at the top of this notice and/or ID No. V–W–20–C–012, to the following the property name. The Agency’s ENVIRONMENTAL PROTECTION address: response to any comments received will AGENCY William Greaves, Superfund & be available for public inspection at the Superfund Records Center. [EPA–HQ–OAR–2020–0599; FRL–10017–95– Emergency Management Division (S–6J), OAR] U.S. Environmental Protection Agency, C. What should I consider as I prepare Region 5, 77 West Jackson Boulevard, my comments for EPA? Notice of Request for Approval of Chicago, Illinois 60604–3590. Alternative Means of Emission FOR FURTHER INFORMATION CONTACT: 1. Submitting Confidential Business Limitation Thomas Krueger, Office of Regional Information (CBI). Do not submit ANY Counsel (C–14J), United States information you think or know is CBI to AGENCY: Environmental Protection Environmental Protection Agency, EPA through an agency website or via Agency (EPA). Region 5, 77 West Jackson Boulevard, email. Clearly mark on your written ACTION: Notice and request for Chicago, Illinois 60604. Thomas Krueger comments all the information that you comments. may be reached by telephone at (312) claim to be CBI. If you mail EPA your comments on a disk or CD–ROM (CD), SUMMARY: This action provides public 886–0562 or via electronic mail at notice and solicits comment on a [email protected]. mark the outside of the CD as CBI and then identify electronically within the request by Rohm and Haas Chemicals SUPPLEMENTARY INFORMATION: CD the specific information that is LLC, a subsidiary of The Dow Chemical I. Background Information claimed as CBI. In addition to one Company (Dow), under the Clean Air Act (CAA), for an alternative means of In accordance with Section 122(i) of complete version of your comments that includes all the information claimed as emission limitation (AMEL) for the the Comprehensive Environmental Standards of Performance for Volatile Response, Compensation, and Liability CBI, you must submit for inclusion in the public docket a second copy of your Organic Liquid Storage Vessels, that Act, as amended, 42 U.S.C. 9622(i), would apply to a proposed new vinyl notice is hereby given of a proposed comments that does not contain the information claimed as CBI. Information acetate bulk storage tank to be used at administrative settlement for recovery of its chemical plant in Kankakee, Illinois. past response costs concerning the Crest marked as CBI will not be disclosed DATES: Comments must be received on Rubber Site in Alliance, Ohio with the except in accordance with procedures set forth in 40 CFR part 2. or before March 25, 2021. following settling parties: Bridgestone Public hearing: If anyone contacts us Americas Tire Operations, LLC; 2. Tips for Preparing Your Comments. When submitting comments, remember requesting a public hearing on or before Bridgestone Americas, Inc.; Firestone February 16, 2021, the EPA will hold a Polymers, LLC; FSPC Holdco, LLC; to: • Identify the subject of your virtual public hearing on February 23, Firestone Industrial Products Company, 2021. Please refer to the SUPPLEMENTARY LLC; and Bridgestone Bandag, LLC. EPA comments by the docket number and the site name in the title of this notice INFORMATION section for additional completed a removal action at the Site information on the public hearing. that began on May 15, 2017. The Site is or the Federal Register publication date ADDRESSES: You may send comments, located in an industrial/commercial area and page number. • Follow directions—the agency may identified by Docket ID No. EPA–HQ– and is approximately 3.6 acres in size. ask you to respond to specific questions OAR–2020–0599, by any of the The settlement requires the settling or organize comments by referencing a following methods: parties to pay $1,489,333 to the Code of Federal Regulations (CFR) part • Federal eRulemaking Portal: Hazardous Substance Superfund. The or section number. https://www.regulations.gov/ (our settlement includes a covenant not to • Explain why you agree or disagree preferred method). Follow the online sue the settling parties pursuant to with the terms of the Settlement; suggest instructions for submitting comments. Section 107(a) of CERCLA, 42 U.S.C. alternatives and substitute language for • Email: [email protected]. 9607(a). your requested changes. Include Docket ID No. EPA–HQ–OAR– II. Opportunity To Comment • Describe any assumptions and 2020–0599 in the subject line of the provide any technical information and/ message. A. General Information or data that you used. • Fax: (202) 566–9744. Attention For thirty (30) days following the date • If you estimate potential costs or Docket ID No. EPA–HQ–OAR–2020– of publication of this notice, the Agency burdens, explain how you arrived at 0599.

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• Mail: U.S. Environmental To request a virtual public hearing, forth above, if requested, please monitor Protection Agency, EPA Docket Center, contact the public hearing team at (888) our website or contact the public Docket ID No. EPA–HQ–OAR–2020– 372–8699 or by email at hearing team at (888) 372–8699 or by 0599, Mail Code 28221T, 1200 [email protected]. If email at [email protected] to Pennsylvania Avenue NW, Washington, requested, the virtual hearing will be determine if there are any updates. The DC 20460. held on February 23, 2021. The hearing EPA does not intend to publish a • Hand Delivery or Courier (by will convene at 9:00 a.m. Eastern Time document in the Federal Register scheduled appointment only): EPA (ET) and will conclude at 3:00 p.m. ET. announcing updates. Docket Center, WJC West Building, The EPA may close a session 15 minutes If you require the services of a Room 3334, 1301 Constitution Avenue after the last pre-registered speaker has translator or a special accommodation NW, Washington, DC 20004. The Docket testified if there are no additional such as audio description, please pre- Center’s hours of operation are 8:30 speakers. The EPA will announce register for the hearing with the public a.m.–4:30 p.m., Monday – Friday further details at https://www.epa.gov/ hearing team at (888) 372–8699 or by (except Federal holidays). stationary-sources-air-pollution/volatile- email at [email protected] organic-liquid-storage-vessels-including- Instructions. All submissions received and describe your needs by February 16, petroleum-storage. must include the Docket ID No. for this 2021. The EPA may not be able to If a public hearing is requested, the arrange accommodations without rulemaking. Comments received may be EPA will begin pre-registering speakers posted without change to https:// advance notice. for the hearing upon publication of this Docket. The EPA has established a www.regulations.gov/, including any document in the Federal Register. To personal information provided. For docket for this rulemaking under Docket register to speak at the virtual hearing, ID No. EPA–HQ–OAR–2020–0599. All detailed instructions on sending please use the online registration form comments and additional information documents in the docket are listed in available at https://www.epa.gov/ Regulations.gov. Although listed, some on the rulemaking process, see the stationary-sources-air-pollution/volatile- SUPPLEMENTARY INFORMATION section of information is not publicly available, organic-liquid-storage-vessels-including- e.g., Confidential Business Information this document. Out of an abundance of petroleum-storage or contact the public caution for members of the public and (CBI) or other information whose hearing team at (888) 372–8699 or by disclosure is restricted by statute. our staff, the EPA Docket Center and email at [email protected]. Reading Room are closed to the public, Certain other material, such as The last day to pre-register to speak at copyrighted material, is not placed on with limited exceptions, to reduce the the hearing will be February 22, 2021. the internet and will be publicly risk of transmitting COVID–19. Our Prior to the hearing, the EPA will post available only in hard copy. With the Docket Center staff will continue to a general agenda that will list pre- exception of such material, publicly provide remote customer service via registered speakers in approximate available docket materials are available email, phone, and webform. We order at: https://www.epa.gov/ electronically in Regulations.gov. encourage the public to submit stationary-sources-air-pollution/volatile- comments via https:// organic-liquid-storage-vessels-including- Instructions. Direct your comments to www.regulations.gov/ or email, as there petroleum-storage. Docket ID No. EPA–HQ–OAR–2020– may be a delay in processing mail and The EPA will make every effort to 0599. The EPA’s policy is that all faxes. Hand deliveries and couriers may follow the schedule as closely as comments received will be included in be received by scheduled appointment possible on the day of the hearing; the public docket without change and only. For further information on EPA however, please plan for the hearing to may be made available online at https:// Docket Center services and the current run either ahead of schedule or behind www.regulations.gov/, including any status, please visit us online at https:// schedule. personal information provided, unless www.epa.gov/dockets. Each commenter will have 5 minutes the comment includes information claimed to be CBI or other information FOR FURTHER INFORMATION CONTACT: For to provide oral testimony. The EPA whose disclosure is restricted by statute. questions about this action, contact Ms. encourages commenters to provide the Do not submit electronically any Angela Carey, Sector Policies and EPA with a copy of their oral testimony information you consider to be CBI or Programs Division (E143–01), Office of electronically (via email) by emailing it other information whose disclosure is Air Quality Planning and Standards to Angela Carey, email address: restricted by statue. This type of (OAQPS), U.S. Environmental [email protected]. The EPA also information should be submitted by Protection Agency, Research Triangle recommends submitting the text of your mail as discussed below. Park, North Carolina 27711; telephone oral testimony as written comments to The EPA may publish any comment number: (919) 541–2187; fax number: the rulemaking docket. received to its public docket. (919) 541–0516; and email address: The EPA may ask clarifying questions Multimedia submissions (audio, video, [email protected]. during the oral presentations but will not respond to the presentations at that etc.) must be accompanied by a written SUPPLEMENTARY INFORMATION: time. Written statements and supporting comment. The written comment is Participation in virtual public information submitted during the considered the official comment and hearing. Please note that the EPA is comment period will be considered should include discussion of all points deviating from its typical approach for with the same weight as oral testimony you wish to make. The EPA will public hearings because the President and supporting information presented at generally not consider comments or has declared a national emergency. Due the public hearing. comment contents located outside of the to the current Centers for Disease Please note that any updates made to primary submission (i.e., on the Web, Control and Prevention (CDC) any aspect of the hearing will be posted cloud, or other file sharing system). For recommendations, as well as state and online at https://www.epa.gov/ additional submission methods, the full local orders for social distancing to limit stationary-sources-air-pollution/volatile- EPA public comment policy, the spread of COVID–19, the EPA organic-liquid-storage-vessels-including- information about CBI or multimedia cannot hold in-person public meetings petroleum-storage. While the EPA submissions, and general guidance on at this time. expects the hearing to go forward as set making effective comments, please visit

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https://www.epa.gov/dockets/ comments that does not contain the comment on all aspects of this AMEL commenting-epa-dockets. information claimed as CBI directly to request, including the corresponding The https://www.regulations.gov/ the public docket through the operating conditions that would website allows you to submit your procedures outlined in Instructions demonstrate that the requested AMEL comment anonymously, which means above. If you submit any digital storage would achieve a reduction in emissions the EPA will not know your identity or media that does not contain CBI, mark of volatile organic compounds (VOC) at contact information unless you provide the outside of the digital storage media least equivalent to the reduction in it in the body of your comment. If you clearly that it does not contain CBI. emissions required by the new source send an email comment directly to the Information not marked as CBI will be performance standards (NSPS) at 40 EPA without going through https:// included in the public docket and the CFR 60.112b. The AMEL request states www.regulations.gov/, your email EPA’s electronic public docket without that a new storage tank will be installed address will be automatically captured prior notice. Information marked as CBI at the site to replace the existing vinyl and included as part of the comment will not be disclosed except in acetate monomer (VAM) (CAS 108–05– that is placed in the public docket and accordance with procedures set forth in 4) tank (TK–72). Such tank functions as made available on the internet. If you 40 Code of Federal Regulations (CFR) a buffer for the facility’s manufacturing submit an electronic comment, the EPA part 2. Send or deliver information needs between bulk deliveries of VAM. recommends that you include your identified as CBI only to the following The facility receives VAM name and other contact information in address: OAQPS Document Control predominantly by railcar, but the body of your comment and with any Officer (C404–02), OAQPS, U.S. occasionally some VAM is supplied via digital storage media you submit. If the Environmental Protection Agency, tank truck. Due to the facility’s demand EPA cannot read your comment due to Research Triangle Park, North Carolina for VAM, the tank experiences a technical difficulties and cannot contact 27711, Attention Docket ID No. EPA– significant number of turnovers per you for clarification, the EPA may not HQ–OAR–2020–0599. Note that written year. be able to consider your comment. comments containing CBI and Because the new storage tank will be Electronic files should not include submitted by mail may be delayed and used to store VAM, a volatile organic special characters or any form of no hand deliveries will be accepted. liquid as defined at 40 CFR 60.111b, it encryption and be free of any defects or Acronyms and abbreviations. We use is subject to NSPS subpart Kb. Rohm viruses. For additional information multiple acronyms and terms in this and Haas is submitting this AMEL about the EPA’s public docket, visit the document. While this list may not be request because the proposed tank EPA Docket Center homepage at https:// exhaustive, to ease the reading of this design does not contain either an www.epa.gov/dockets. document and for reference purposes, external or internal floating roof or a The EPA is temporarily suspending the EPA defines the following terms and closed vent system and control device its Docket Center and Reading Room for acronyms here: that are specified by 40 CFR 60.112b; public visitors, with limited exceptions, rather, it is designed to reduce AMEL alternative means of emission to reduce the risk of transmitting emissions through vapor balancing and COVID–19. Our Docket Center staff will limitation CAA Clean Air Act pressure containment. Rohm and Haas continue to provide remote customer CBI Confidential Business Information states that breathing losses will not service via email, phone, and webform. CFR Code of Federal Regulations occur from the proposed new tank We encourage the public to submit EPA Environmental Protection Agency because there are no vents and the tank comments via https:// HAP hazardous air pollutant(s) can withstand pressures up to 9 pounds www.regulations.gov/ as there may be a MTVP maximum true vapor pressure per square inch gauge (psig) before delay in processing mail and faxes. NESHAP national emission standards for hazardous air pollutants activation of a pressure relief device Hand deliveries or couriers will be (PRD). Rohm and Haas further states received by scheduled appointment NSPS new source performance standards OAQPS Office of Air Quality Planning and that the proposed system will control only. For further information and Standards emissions from working losses by updates on EPA Docket Center services, PRD pressure relief device complying with the requirements please visit us online at https:// PRV pressure relief valve associated with the use of a vapor www.epa.gov/dockets. scf standard cubic feet balancing system in the National The EPA continues to carefully and VAM vinyl acetate monomer Emission Standards for Organic VOC volatile organic compound(s) continuously monitor information from Hazardous Air Pollutants (NESHAP) the CDC, local area health departments, Organization of this document. The from the Synthetic Organic Chemical and our Federal partners so that we can information in this document is Manufacturing Industry for Process respond rapidly as conditions change organized as follows: Vents, Storage Vessels, Transfer regarding COVID–19. Operations, and Wastewater, 40 CFR Submitting CBI. Do not submit I. Background II. Request for AMEL part 63, subpart G.1 information containing CBI to the EPA III. AMEL for the Rohm and Haas Chemicals The VOC standards at 40 CFR 60.112b through https://www.regulations.gov/ or LLC facility were established as work practice email. Clearly mark the part or all of the IV. Request for Comments standards pursuant to CAA section information that you claim to be CBI. 111(h)(1). For standards established For CBI information on any digital I. Background according to that provision, CAA storage media that you mail to the EPA, Rohm and Haas is requesting an section 111(h)(3) allows the EPA to mark the outside of the digital storage AMEL for the Standards of Performance media as CBI and then identify for Volatile Organic Liquid Storage 1 Rohm and Haas states in its application that electronically within the digital storage Vessels, 40 CFR part 60, subpart Kb (40 ‘‘[c]ompliance with 40 CFR 119(g) will address both media the specific information that is CFR 60.112b), that would apply to a working losses and breathing losses from this tank.’’ claimed as CBI. In addition to one proposed new vinyl acetate bulk storage Rohm and Haas letter at 1. To the extent that Rohm and Haas is suggesting 40 CFR 119(g) addresses complete version of the comments that tank to be used at its chemical plant in breathing losses, we disagree; rather, as discussed includes information claimed as CBI, Kankakee, Illinois. In this Federal in the prior sentence, breathing losses are addressed you must submit a copy of the Register document, the EPA is soliciting through pressure containment.

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permit the use of an AMEL by a source breathing losses will not occur because No PRD on the storage tank, railcar, or if, after notice and opportunity for there are no vents, and the tank can tank truck is expected to open during public hearing, it is established to the withstand pressures up to 9 psig before loading or as a result of diurnal Administrator’s satisfaction that such activation of a PRD. Rohm and Haas’s temperature changes (breathing losses). AMEL will achieve emissions engineering evaluation indicates the During filling of the tank, any displaced reductions at least equivalent to the tank is not expected to exceed these vapors will be collected and routed reductions required under the pressures. The published vapor pressure through the vapor balancing line. There applicable CAA section 111(h)(1) of VAM is 1.72 pounds per square inch are no PRDs associated with the vapor standards. NSPS subpart Kb also (psi) (89.1 millimeters of mercury) at 68 balancing line itself, and the PRDs on includes specific regulatory provisions degrees Fahrenheit (°F); however, the the railcar are set at 165 psig and tank (i.e., 40 CFR 114b) allowing sources to EPA defines the maximum true vapor trucks are set between 25 to 50 psig to request an AMEL for the VOC standards pressure (MTVP) as the vapor pressure prevent an opening of a PRD while the at 40 CFR 112b. of a specific material at the maximum vessel is being unloaded. Rohm and Haas included in its AMEL average monthly temperature, which is The tank will also be equipped with application information to demonstrate 74.7 °F and occurs during the month of a vacuum relief system that will be used that the proposed bulk storage tank, July in the Kankakee locale. At the when VAM is transferred to the process through its vapor balancing system and specified maximum temperature, using area, and both the vacuum relief system pressure containment design, will the Antoine equation and appropriate and a vapor balance system will be used achieve a reduction in emissions at least coefficients, the MTVP of vinyl acetate when VAM is added to the tank. The equivalent to the reduction in emissions was estimated to be 2.09 psi, which is vacuum relief system only serves to achieved by the VOC standards at 40 well below the 9 psig rupture disk and allow ambient air into the tank’s head CFR 60.112b. Rohm and Haas’s AMEL PRD settings for the proposed tank. space to equalize pressure decreases as request was submitted on June 17, 2020. Therefore, PRDs will be designed to material is removed. The vapor balance For Rohm and Haas’s AMEL request, open only in emergency instances (i.e., system operation collects and contains including any supporting materials external fire or uncontrolled vapors discharged during tank filling Rohm and Haas submitted, see Docket polymerization). operations. In its request, Rohm and Haas states ID No. EPA–HQ–OAR–2020–0599. The PRDs will consist of two pressure that the proposed tank would comply relief assemblies. The primary assembly II. Request for AMEL with the vapor balancing requirements will include in series a rupture disk, a in NESHAP subpart G, 40 CFR 63.119(g) Pursuant to 40 CFR 60.114b, Rohm pressure indicator, and a pressure relief to confirm proper vapor balancing. and Haas is seeking an AMEL for the valve (PRV). The rupture disk and PRV VOC standards set forth at 40 CFR The facility unloads VAM from tank will both be set at 9 psig. The purpose trucks or railcars, which are connected 60.112b for a proposed bulk storage tank of this assembly is to provide early to be used at its chemical plant in to the tank system’s vapor balance controlled remediation in case of fire/ system. The Kankakee facility’s bulk Kankakee, Illinois. Rohm and Haas’s polymerization/over-pressurization. unloading Standard Operating application includes an engineering Because the PRV is downstream of the Procedure requires that each U.S. evaluation to support its request, as rupture disk, the design will allow the Department of Transportation (DOT)- required by 40 CFR 60.114b(c).2 We, assembly to return to its closed position specification tank truck or railcar therefore, deem this AMEL application once the pressure release event ends. containing vinyl acetate be inspected to by Rohm and Haas to be complete. The secondary pressure relief assembly verify that its DOT qualification Rohm and Haas submitted this AMEL will consist of a rupture disk set at 13 inspections and tests are current. VAM request because the proposed tank psig, followed by a pressure indicator. will be unloaded only from tank trucks design does not contain either an This assembly is designed to contain or railcars which are connected to the external or internal floating roof or a extreme fire/polymerization in the event tank system’s vapor balance system. closed vent system and control device the first assembly is unable to do so. In The site will require that railcars and that are specified by 40 CFR 60.112b. such event, the rupture disk will vent to tank trucks that deliver VAM will be Rohm and Haas is proposing an protect against vessel rupture. reloaded or cleaned only at facilities alternative tank design that will To demonstrate that the PRV does not which utilize the control techniques eliminate breathing losses by storing open, the tank vapor space pressure and specified at 40 CFR 63.119(g)(6)(i) or (ii) material in a pressure tank and control the space between the rupture disk and of NESHAP subpart G. The site will working losses using vapor balancing. PRV will be continuously monitored for mandate that each railcar or tank truck The information provided by Rohm pressure and recorded. If a release is connected to a closed-vent system and Haas states that the proposed new occurs, a new rupture disk will be with a control device that reduces inlet tank is an American Petroleum Institute installed, and the corresponding PRV emissions of HAP by 95 percent by (API)–620, 160,000 gallon will be reseated properly. This PRV will weight or greater. (approximately 600 cubic meter) fixed- be checked quarterly to ensure the PRV The Kankakee facility will request, roof storage tank used for the storage of is seated properly using EPA Method 21 maintain, and submit to the VAM. An API–620 specification tank is following 40 CFR 63.119(g)(5)(i), part of Administrator a written certification designed to contain pressures up to 15 the vapor balancing provisions in from the VAM supplier that each psig. According to Rohm and Haas, NESHAP subpart G (40 CFR 63.119(g)). supplier’s current reloading or cleaning In the event that a PRV opens, this facility meets the above requirements. If 2 As explained in the preamble to the proposed NSPS subpart Kb, equivalence ‘‘could be would qualify as an excess emission the supplier(s) of the VAM changes in demonstrated by a number of methods including: event and must be reported on the the future, the Kankakee facility will (1) An actual emissions test that uses a full size or semiannual compliance report. If obtain a written certification that the scale-model storage vessel that accurately collects designed and operated as described new supplier(s) meet these and measures all VOC emissions from the storage vessel, or (2) an engineering evaluation as approved above, there will not be any emission requirements. by the Administrator.’’ (Emphasis added). 49 FR events, therefore, this alternative is Rohm and Haas believes that this 29698, 29706 (July 23, 1984). equivalent with the standard. tank, as designed and operated, will

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result in a reduction in emissions accordance with the DOT pressure test (d) When the continuous pressure equivalent to or better than the amount requirements of 49 CFR part 180 for monitoring systems have not been achieved by the VOC standards set forth tank trucks and 49 CFR 173.31 for inoperative, repaired, or adjusted, such in 40 CFR 60.112b of NSPS subpart Kb. railcars. Railcars, tank trucks, or barges information shall be stated in the report. Rohm and Haas, therefore, asks that the that deliver VAM to a storage tank must IV. Request for Comments EPA approve this AMEL request. be reloaded or cleaned at a facility that We solicit comments on all aspects of III. AMEL for the Rohm and Haas utilizes the control techniques specified Rohm and Haas’s requests for approval Chemicals LLC Facility in paragraph (4)(a) or (b). (a) The railcar, tank truck, or barge of an AMEL for these new requirements Based upon our review of the AMEL must be connected to a closed-vent to be used to comply with the request, we believe that, by complying system with a control device that applicable standards. We specifically with the operating conditions specified reduces inlet emissions of VAM by 95 seek comment regarding whether or not below, the proposed new tank at Dow’s percent by weight or greater. the operating requirements listed in Rohm and Haas Chemicals LLC facility (b) A vapor balancing system section III above will achieve emission will achieve emission reductions at least designed and operated to collect organic reductions at least equivalent to equivalent to reduction in emissions VAM vapor displaced from the tank emissions being controlled by required by NSPS subpart Kb, 40 CFR truck or railcar during reloading must be complying with the applicable 60.112b. We are seeking the public’s used to route the collected HAP vapor requirements in the 40 CFR part 60, input on this request. Specifically, the to the storage tank from which the subpart Kb, Standards of Performance EPA seeks the public’s input on the liquid being transferred originated. for Volatile Organic Liquid Storage conditions specified in this document in (5) Rohm and Haas must submit to the Vessels requirements in 40 CFR the following paragraphs. Administrator a written certification 60.112b. (1) No PRD on the storage tank, or on that the reloading or cleaning facility the railcar or tank truck, shall open Dated: December 8, 2020. meets the requirements of paragraph 4; during loading or as a result of diurnal Panagiotis Tsirigotis, and the requirements for closed vent temperature changes (breathing losses). Director, Office of Air Quality Planning and (2) Both PRDs on the storage tank system and control device specified at Standards. must be set to release at no less than 9 40 CFR 63.119 through 63.123. The [FR Doc. 2021–02518 Filed 2–5–21; 8:45 am] notification and reporting requirements psig at all times. Any release from a PRD BILLING CODE 6560–50–P as indicated by pressure reading greater at 40 CFR 63.122 do not apply to the than 9 psig is an excess emissions event. owner or operator of the offsite cleaning To demonstrate that the PRD does not or reloading facility. ENVIRONMENTAL PROTECTION open, the tank vapor space pressure and (6) Recordkeeping requirements. AGENCY the space between the rupture disk and (a) The facility must keep a record of the equipment to be used and the [EPA–HQ–OPPT–2019–0271; FRL–10005– PRD will be continuously monitored for 44] pressure and recorded. If a release procedures to be followed when occurs, the tank must follow 40 CFR reloading the railcar, tank truck, or Certain New Chemicals or Significant 63.165(d)(2). barge and displacing vapors to the New Uses; Statements of Findings for (3) Each of the PRDs and components storage tank from which the liquid September Through December 2019 of the vapor collection system on the originates, as well as a record of all tank must be monitored on a quarterly components of the PRDs, including AGENCY: Environmental Protection basis, using EPA Method 21. An PRVs and rupture disks. Agency (EPA). instrument reading of 500 parts per (b) Records must be kept as long as ACTION: Notice. million by volume or greater is an the storage vessel is in operation. excess emissions event. (7) Reporting requirements. The SUMMARY: The Toxic Substances Control (4) VAM must be transferred from facility must submit excess emissions Act (TSCA) requires EPA to publish in either railcars or truck trailers via and monitoring systems performance the Federal Register a statement of its welded steel piping into the new bulk reports to the Administrator findings after its review of certain TSCA storage tank. The tank must be equipped semiannually. All reports must be notices when EPA makes a finding that with a welded steel vapor balance line postmarked by the 30th day following a new chemical substance or significant that returns displaced vinyl acetate the end of each 6-month period. Written new use is not likely to present an vapors from the headspace within the reports of excess emissions must unreasonable risk of injury to health or tank to the railcar or tank truck during include the following information: the environment. Such statements apply tank filling operations. The vapor (a) The date and time of to premanufacture notices (PMNs), balance line must be hard piped from commencement and completion of each microbial commercial activity notices the tank, crossing a pipe bridge, before time period of excess emissions. The (MCANs), and significant new use terminating at the off-loading station. process operating time during the notices (SNUNs) submitted to EPA The tank vapor balance line must not reporting period. under TSCA. This document presents contain any PRDs or release points. (b) The date and time identifying each statements of findings made by EPA on Displaced vapors must be transferred to period during which the continuous such submissions during the period a vapor return fitting on the offloading monitoring system was inoperative from September 1, 2019 to December 31, bulk vehicle through a hose from the except for zero and span checks and the 2019. offloading station. Both the transfer nature of the system repairs or FOR FURTHER INFORMATION CONTACT: hoses and the vapor balance return line adjustments. For technical information contact: must incorporate dry-disconnect fittings (c) The report must include a list of Rebecca Edelstein, New Chemicals to prevent vapor discharge to the the affected sources or equipment, an Division (7405M), Office of Pollution atmosphere when the line is not estimate of the volume of VAM emitted, Prevention and Toxics, Environmental connected. Tank trucks and railcars and a description of the method used to Protection Agency, 1200 Pennsylvania must have a current certification in estimate the emissions. Ave. NW, Washington, DC 20460–0001;

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telephone number: 202–564–1667; substances or significant new uses are EPA is required under TSCA section email address: edelstein.rebecca@ not likely to present an unreasonable 5(g) to publish in the Federal Register epa.gov. risk of injury to health or the a statement of its findings after its For general information contact: The environment. This document presents review of a TSCA section 5(a) notice TSCA-Hotline, ABVI-Goodwill, 422 statements of findings made by EPA when EPA makes a finding that a new South Clinton Ave., Rochester, NY during the period from September 1, chemical substance or significant new 14620; telephone number: (202) 554– 2019 to December 31, 2019. use is not likely to present an 1404; email address: TSCA-Hotline@ unreasonable risk of injury to health or III. What is the Agency’s authority for epa.gov. the environment. Such statements apply taking this action? SUPPLEMENTARY INFORMATION: to PMNs, MCANs, and SNUNs TSCA section 5(a)(3) requires EPA to submitted to EPA under TSCA section I. General Information review a TSCA section 5(a) notice and 5. A. Does this action apply to me? make one of the following specific Anyone who plans to manufacture findings: (which includes import) a new chemical This action is directed to the public Æ The chemical substance or substance for a non-exempt commercial in general. As such, the Agency has not significant new use presents an purpose and any manufacturer or attempted to describe the specific unreasonable risk of injury to health or processor wishing to engage in a use of entities that this action may apply to. the environment; a chemical substance designated by EPA Although others may be affected, this Æ The information available to EPA is as a significant new use must submit a action applies directly to the submitters insufficient to permit a reasoned notice to EPA at least 90 days before of the PMNs addressed in this action. evaluation of the health and commencing manufacture of the new B. How can I get copies of this document environmental effects of the chemical chemical substance or before engaging and other related information? substance or significant new use; in the significant new use. Æ The docket for this action, identified The information available to EPA is The submitter of a notice to EPA for by docket identification (ID) number insufficient to permit a reasoned which EPA has made a finding of ‘‘not EPA–HQ–OPPT–2019–0271, is available evaluation of the health and likely to present an unreasonable risk of at http://www.regulations.gov or at the environmental effects and the chemical injury to health or the environment’’ Office of Pollution Prevention and substance or significant new use may may commence manufacture of the Toxics Docket (OPPT Docket), present an unreasonable risk of injury to chemical substance or manufacture or Environmental Protection Agency health or the environment; processing for the significant new use Æ Docket Center (EPA/DC), West William The chemical substance is or will notwithstanding any remaining portion Jefferson Clinton Bldg., Rm. 3334, 1301 be produced in substantial quantities, of the applicable review period. and such substance either enters or may Constitution Ave. NW, Washington, DC. IV. Statements of Administrator reasonably be anticipated to enter the The Public Reading Room is open from Findings Under TSCA Section 5(a)(3)(C) 8:30 a.m. to 4:30 p.m., Monday through environment in substantial quantities or Friday, excluding legal holidays. The there is or may be significant or In this unit, EPA provides the telephone number for the Public substantial human exposure to the following information (to the extent that Reading Room is (202) 566–1744, and substance; or such information is not claimed as Æ the telephone number for the OPPT The chemical substance or Confidential Business Information Docket is (202) 566–0280. significant new use is not likely to (CBI)) on the PMNs, MCANs and Due to the public health concerns present an unreasonable risk of injury to SNUNs for which, during this period, related to COVID–19, the EPA Docket health or the environment. EPA has made findings under TSCA Center (EPA/DC) and Reading Room is Unreasonable risk findings must be section 5(a)(3)(C) that the new chemical closed to visitors with limited made without consideration of costs or substances or significant new uses are exceptions. The staff continues to other non-risk factors, including an not likely to present an unreasonable provide remote customer service via unreasonable risk to a potentially risk of injury to health or the email, phone, and webform. For the exposed or susceptible subpopulation environment: Æ latest status information on EPA/DC identified as relevant under the EPA case number assigned to the services and docket access, visit https:// conditions of use. The term ‘‘conditions TSCA section 5(a) notice. www.epa.gov/dockets. of use’’ is defined in TSCA section 3 to Æ Chemical identity (generic name, if mean ‘‘the circumstances, as determined the specific name is claimed as CBI). II. What action is the Agency taking? by the Administrator, under which a Æ Website address to EPA’s decision This document lists the statements of chemical substance is intended, known, document describing the basis of the findings made by EPA after review of or reasonably foreseen to be ‘‘not likely to present an unreasonable notices submitted under TSCA section manufactured, processed, distributed in risk’’ finding made by EPA under TSCA 5(a) that certain new chemical commerce, used, or disposed of.’’ section 5(a)(3)(C).

EPA case No. Chemical identity Website address

J–19–0024, J–19– Biofuel producing Saccharomyces cerevisiae modified, genetically stable (ge- https://www.epa.gov/reviewing-new- 0025. neric name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-296. P–15–0632 ...... Mixed amine salt (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-327.

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EPA case No. Chemical identity Website address

P–16–0291 ...... 1,3-cyclohexanedimethanamine adduct (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-331. P–16–0451 ...... Reaction product of bisalkoxysilylalkylamine, alkoxy oxiranylalkoxyalkylsilane https://www.epa.gov/reviewing-new- and silica (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-329. P–16–0486 ...... Polychloropropane (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-330. P–17–0109 ...... Alkyldiamine, aminoalkyl dimethylaminoalkyl dimethyl-(generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-313. P–17–0184 ...... 1-Propanaminium, 2-hydroxy-N,N-dimethyl-N-[3-[(1-oxooctyl)amino]propyl]-3- https://www.epa.gov/reviewing-new- sulfo-, inner salt (CASRN 1612795–77–3). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-328. P–17–0233 ...... Oxyalkylene modified polyalkyl amine alkyl diacid polymer with 2- https://www.epa.gov/reviewing-new- (chloromethyl)oxirane (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-352. P–17–0234 ...... Oxirane, 2-(chloromethyl)-, polymer with 2-methyloxirane polymer with oxirane https://www.epa.gov/reviewing-new- bis(2-aminopropyl) ether (CASRN: 78390–60–0). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-351. P–17–0298 ...... Formaldehyde, homopolymer, reaction products with N-propyl-1-propanamine https://www.epa.gov/reviewing-new- (CASRN: 1374859–50–3). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-340. P–17–0325 ...... 2-Propenoic acid, polymer with 2-methyl-2-((1-oxo-2-propenyl)amino)-1- https://www.epa.gov/reviewing-new- propanesulfonic acid (CASRN: 40623–75–4). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-342. P–17–0360 ...... 2-Propanol, 1-amino-, compd. with .alpha.-sulfo-.omega.-(octyloxy)poly(oxy-1,2- https://www.epa.gov/reviewing-new- ethanediyl) (1:1), CASRN 2098904–74–4; 2-Propanol, 1-amino-, compd. with chemicals-under-toxic-substances- .alpha.-sulfo- .omega.-(decyloxy)poly(oxy-1,2-ethanediyl) (1:1) (CASRN control-act-tsca/tsca-section-5a3c-de- 2098904–80–2). termination-315. P–17–0396 ...... Aminoalkylated imidazole (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-319. P–17–0400 ...... Terpolymer of vinylidene fluoride, tetrafluoroehylene and 2,3,3,3- https://www.epa.gov/reviewing-new- tetrafluoropropene (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-337. P–18–0019 ...... Substituted Benzene, 4-[2-[2-hydroxy-3-[[(3-nitrophenyl)amino]carbonyl]-1- https://www.epa.gov/reviewing-new- naphthalenyl]diazenyl]-, sodium salt (1:1) (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-317. P–18–0029 ...... Fatty acids and fatty acid unsatd., reaction products with ethyleneamines and https://www.epa.gov/reviewing-new- maleic anhydride (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-318. P–18–0034 ...... Polyetheramine carboxylate salt (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-298. P–18–0092 ...... Phosphonium, tributylmethyl-, iodide (1:1) (CASRN: 1702–42–7) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-314. P–18–0105 ...... Phosphorous acid, triisotridecyl ester (CASRN: 77745–66–5) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-299. P–18–0114 ...... Propanoic acid, hydroxy- (hydroxyalkyl)-alkyl-, polymer with 1,6- https://www.epa.gov/reviewing-new- diisocyanatoalkane and poly[oxy(alkyl-alkanediyl)] ether with alkyl- chemicals-under-toxic-substances- (hydroxyalkyl)-alkanediol, 2-propenoate (ester), lithium salt, glycerol control-act-tsca/tsca-section-5a3c-de- monoacrylate 1-neodecanoate- and alkylene glycol monoacrylate-blocked termination-343. (generic name).

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EPA case No. Chemical identity Website address

P–18–0121 ...... Benzene, 1,1′-oxybis-, branched eicosyl derivs. (CASRN 1800419–55–9) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-316. P–18–0133 ...... Polyol adduct of bisaldehyde (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-335. P–18–0165, P–18– (P–18–0165) 2,5-Furandione, polymer with ethenylbenzene, 4-hydroxy-sub- https://www.epa.gov/reviewing-new- 0166. stituted butyl amide, sodium salts; (P–18–0166) 2,5-Furandione, polymer chemicals-under-toxic-substances- with ethenylbenzene, 4-hydroxy-substituted butyl [3-[2-[1-[[(2- control-act-tsca/tsca-section-5a3c-de- methoxyphenyl)amino]carbonyl]-2-oxopropyl]diazenyl]phenyl]substituted, so- termination-321. dium salts (generic names). P–18–0167 ...... Butanamide, 2-[2-[(substituted phenyl)diazenyl]-N-(2-methoxyphenyl)-3-oxo- https://www.epa.gov/reviewing-new- (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-322. P–18–0192 ...... Benzenesulfonic acid, (alkenediyl)bis[[[(hydroxyalkyl)amino]-(phenylamino)- https://www.epa.gov/reviewing-new- triazin-2-yl]amino]-, N-(hydroxyalkyl) derivs., salts, compds. with polyalkyl- chemicals-under-toxic-substances- substituted(alkanol) (generic name). control-act-tsca/tsca-section-5a3c-de- termination-297. P–18–0207 ...... Metal, oxo alkylcarboxylate complexes (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-311. P–18–0213 ...... 1,3-Benzenedicarboxylic acid, 5-sulfo-, calcium salt (2:1) (CASRN 24806–09– https://www.epa.gov/reviewing-new- 5). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-323. P–18–0214, P–18– (P–18–0214) Polycyclic substituted alkane, polymer with cyclicalkylamine, ep- https://www.epa.gov/reviewing-new- 0215, P–18–0216. oxide, and polycyclic epoxide ether, reaction products with dialkylamine sub- chemicals-under-toxic-substances- stituted alkyl amine; (P–18–0215) Polycyclic alkane, polymer with monocyclic control-act-tsca/tsca-section-5a3c-de- amine, polycyclic epoxide ether, reaction products with dialkylamine alkyl termination-336. amine; (P–18–0216) Polycyclic substituted alkane, polymer with epoxide, re- action products with cyclicalkylamine and dialkylamine substituted alkyl amine (generic names). P–18–0232 ...... Polyol, reaction products with formaldehyde and methanol (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-341. P–18–0258, P–18– (P–18–0258) Dioic acids, polymers with caprolactam and alkyldiamines; (P– https://www.epa.gov/reviewing-new- 0259. 18–0259) Fatty acids, dimers, hydrogenated, polymers with caprolactam and chemicals-under-toxic-substances- alkyldiamine (generic names). control-act-tsca/tsca-section-5a3c-de- termination-320. P–18–0264 ...... Phosphonomethylated ether diamine (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-332. P–18–0295 ...... 1,3-Butanediol, (3R)-(CASRN: 6290–03–5) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-300. P–18–0299 ...... Alkenoic acid, alkyl-, polymers with alkyl methacrylate, cycloalkyl methacrylate, https://www.epa.gov/reviewing-new- alkylene dimethacrylate, and polyalkene glycol hydrogen sulfate [(branched chemicals-under-toxic-substances- alkyloxy)alkyl]-(alkenyloxy)alkyl ethers ammonium salts, metal salts (generic control-act-tsca/tsca-section-5a3c-de- name). termination-301. P–18–0302 ...... D-Glucaric acid, ammonium salt (1:1) (CASRN: 6614–39–7) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-310. P–18–0329 ...... Substituted carbopolycyclic dicarboxylic acid dialkyl ester, polymer with https://www.epa.gov/reviewing-new- alkanediol and carbopolycyclic bis (substituted carbopolycycle) bisalkanol chemicals-under-toxic-substances- (generic name). control-act-tsca/tsca-section-5a3c-de- termination-344. P–18–0341, P–18– (P–18–0341) Alkane dicarboxylic acid, polymer with alkoxylated polyalcohol , https://www.epa.gov/reviewing-new- 0342, P–18–0343, alkyl polyglycol, alkyl dialcohol, and functionalized carboxylic acid; (P–18– chemicals-under-toxic-substances- P–18–0344. 0342) Alkane dicarboxylic acid, polymer with alkyl polyglycol, alkyl dialcohol, control-act-tsca/tsca-section-5a3c-de- and functionalized carboxylic acid; (P–18–0343) Alkane dicarboxylic acid, termination-345. polymer with alkoxylated polyalcohol, and alkyl dialcohol, (hydroxy alkyl) ester; (P–18–0344) Aromatic dicarboxylic acid, polymer with alkane dicarboxylic acid, alkoxylated polyalcohol, and alkyl dialcohol (generic names).

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EPA case No. Chemical identity Website address

P–18–0385 ...... D-Glucopyranose, oligomeric, Bu glycosides, polymers with epichlorohydrin, 2- https://www.epa.gov/reviewing-new- hydroxy-3-sulfopropyl ethers, sodium salts (CASRN: 2139271–53–5). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-333. P–18–0392 ...... Heteromonocycle, alkenyl alkyl (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-334. P–18–0393 ...... Alkenoic acid, alkyl, alkyl ester, polymer with alkyl propenoate, vinyl https://www.epa.gov/reviewing-new- carbomonocyle, substituted alkyl propenoate, alkyl 2-alkyl 2-propenoate, chemicals-under-toxic-substances- alkanediol mono(2-alkyl-2-propenoate) and bicarbomonocylo alkyl 2-alkyl-2- control-act-tsca/tsca-section-5a3c-de- alkenoate, tertiary alkyl substituted alkane peroxoate initiated (polymer ex- termination-346. emption flag) (generic name). P–19–0058 ...... Butanoic acid, 3-oxo-, 2-[(2-methyl-1-oxo-2-propen-1-yl)oxy]ethyl ester, polymer https://www.epa.gov/reviewing-new- with butyl 2-propenoate, ethenylbenzene, methyl 2-methyl-2-propenoate and chemicals-under-toxic-substances- 2-methyl-2-popenoic acid, ammonium salt (CASRN 2131811–80–6) (polymer control-act-tsca/tsca-section-5a3c-de- exemption flag). termination-324. P–19–0113 ...... Metal oxide-chloro (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-302. P–19–0117 ...... Polycyclic amine, reaction products with polyalkylalkene, polymers (generic https://www.epa.gov/reviewing-new- name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-303. P–19–0121 ...... Plant based oils, polymer with 1,1′-methylenebis[4-isocyanatobenzene], penta- https://www.epa.gov/reviewing-new- erythritol, phthalic esters, polypropylene glycol and polypropylene glycol chemicals-under-toxic-substances- ether with glycerol (3:1) (generic name). control-act-tsca/tsca-section-5a3c-de- termination-304. P–19–0130 ...... Aminohydroxy naphthalenesulfonic acid, coupled with diazotized[(aminophenyl) https://www.epa.gov/reviewing-new- sulfonyl]ethyl hydrogen sulfate and diazotized chemicals-under-toxic-substances- amino[[(sulfooxy)ethyl]sulfonyl]benzenesulfonic acid, salts (generic name). control-act-tsca/tsca-section-5a3c-de- termination-305. P–19–0132 ...... Fatty acid, polymer with alkanedioic acid dialkyl ester, alkanoic acid, oxo alkyl https://www.epa.gov/reviewing-new- ester, substituted carbomonocycle, alkyl substituted alkanediol, and alkylol chemicals-under-toxic-substances- substituted alkane (generic name). control-act-tsca/tsca-section-5a3c-de- termination-306. P–19–0135 ...... Alkyl polyoxyethylene ethers, carboxymethylated (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-347. P–19–0137 ...... Alkyl oligomeric reaction products (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-307. P–19–0146 ...... Modified dimethyl sulfoxide (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-325. P–19–0148, P–19– (P–19–0148) Iron, complexes with ethylenediamine-4-hydroxycarbomonocycle https://www.epa.gov/reviewing-new- 0149, P–19–0150, hetero-acid-2-oxoacetic acid reaction products, potassium salts; (P–19– chemicals-under-toxic-substances- P–19–0151. 0149) Iron, complexes with ethylenediamine-4-hydroxycarbomonocycle control-act-tsca/tsca-section-5a3c-de- hetero-acid potassium salt (1:1)-potassium 2-oxoacetate (1:1) reaction prod- termination-349. ucts, potassium salts; (P–19–0150) Iron, complexes with ethylenediamine-4- hydroxycarbomonocycle hetero-acid-2-oxoacetic acid reaction products, so- dium salts; (P–19–0151) Iron, complexes with ethylenediamine-4- hydroxycarbomonocycle hetero-acid sodium salt (1:1)-sodium 2-oxoacetate (1:1) reaction products, sodium salts (generic names). P–19–0152 ...... Alkaneic acid, dialkyl ester polymer with alkanediol, https://www.epa.gov/reviewing-new- [[(isocyanatocarbomonocycle) alkyl]carbomonocycle]carbamate (generic chemicals-under-toxic-substances- name). control-act-tsca/tsca-section-5a3c-de- termination-326. P–19–0155, P–19– (P–19–0155) Amides, from C8–18 and C18-unsatd. glycerides and https://www.epa.gov/reviewing-new- 0156, P–19–0157. diethylenetriamine, ethoxylated (CASRN: 2173332–72–2); (P–19–0156) Am- chemicals-under-toxic-substances- ides, from diethylenetriamine and palm kernel-oil, ethoxylated (CASRN: control-act-tsca/tsca-section-5a3c-de- 2173332–69–7); (P–19–0157) Amides, from coconut oil and termination-350. diethylenetriamine, ethoxylated (CASRN: 2173332–70–0). P–20–0002 ...... Fatty Acids, C18-unsatd., dimers, hydrogenated, polymers with .alpha-.hydro- https://www.epa.gov/reviewing-new- .omega.-hydroxypoly(oxy-1,4-butanediyl) and nonanoic acid (CASRN chemicals-under-toxic-substances- 2359671–57–9). control-act-tsca/tsca-section-5a3c-de- termination-339.

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EPA case No. Chemical identity Website address

P–20–0004 ...... Fatty Acids, C18-unsatd., dimers, hydrogenated, polymers with hexanoic acid https://www.epa.gov/reviewing-new- and .alpha.-hydro-.omega.hydroxypoly(oxy-1,4-butanediyl) (CASRN: chemicals-under-toxic-substances- 2359671–53–5). control-act-tsca/tsca-section-5a3c-de- termination-338. SN–18–0005 ...... Butanoic acid, 3-mercapto-,1,1′-[2-(hydroxymethyl)-2-[(3-mercapto-1- https://www.epa.gov/reviewing-new- oxobutoxy)methyl]-1,3-propanediyl] ester; CASRN: 1027326–93–7; and Buta- chemicals-under-toxic-substances- noic acid, 3-mercapto-,1,1′-[2,2-bis[(3-mercapto-1-oxobutoxy)methyl]-1,3- control-act-tsca/tsca-section-5a3c-de- propanediyl] ester (CASRN: 31775–89–0). termination-308. SN–19–0004 ...... Coke (coal), secondary pitch (CASRN: 94113–91–4) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-309.

(Authority: 15 U.S.C. 2601 et seq.) I. General Information for approval and procedures for submission and review of broadly Dated: November 6, 2020. A. Does this notice apply to me? Madison Le, applicable alternative test methods are This notice will be of interest to explained in a previous Federal Director, New Chemicals Division, Office of entities regulated under 40 Code of Pollution Prevention and Toxics. Register notice published at 72 FR 4257 Federal Regulations (CFR) parts 59, 60, [FR Doc. 2021–02525 Filed 2–5–21; 8:45 am] (January 30, 2007) and located at 61, 63 and 65; state, local, and tribal https://www.epa.gov/emc/broadly- BILLING CODE 6560–50–P agencies; and the EPA Regional offices applicable-approved-alternative-test- responsible for implementation and methods. As explained in this notice, enforcement of regulations under 40 ENVIRONMENTAL PROTECTION we will announce approvals for broadly CFR parts 59, 60, 61, 63, and 65. AGENCY applicable alternative test methods at B. How can I get copies of this https://www.epa.gov/emc/broadly- [EPA–HQ–OAR–2007–1196; FRL–10019–49– information? applicable-approved-alternative-test- OAR] methods as they are issued and publish You may access copies of the broadly an annual notice that summarizes Recent Postings of Broadly Applicable applicable alternative test method approvals for broadly applicable Alternative Test Methods approval documents at https:// alternative test methods during the www.epa.gov/emc/broadly-applicable- AGENCY: Environmental Protection preceding year. approved-alternative-test-methods. Agency (EPA). As also explained in the January 30, ACTION: Notice of availability. II. Background 2007 notice, our approval decisions This notice identifies broadly involve thorough technical reviews of SUMMARY: This notice announces the numerous source-specific requests for broadly applicable alternative test applicable alternative test methods that the EPA approved in 2020 under the alternatives and modifications to test method approval decisions that the methods and procedures. Based on Environmental Protection Agency (EPA) New Source Performance Standards (NSPS), 40 CFR part 60, and the these reviews, we have often found that made under and in support of New these modifications or alternatives Source Performance Standards (NSPS) National Emission Standards for Hazardous Air Pollutants (NESHAP) would be equally valid and appropriate and the National Emission Standards for to apply to other sources within a Hazardous Air Pollutants (NESHAP) programs, 40 CFR parts 61 and 63. See Table 1 of this notice for the summary particular class, category, or between January 1, 2020, and December subcategory. Consequently, we have 31, 2020. This notice also announces the of these test methods. Source owners and operators may voluntarily use these concluded that where a method removal of a previously approved broadly applicable alternative test modification or an alternative method is broadly applicable alternative test methods in lieu of otherwise required clearly broadly applicable to a class, method. test methods or related testing category, or subcategory of sources, it is FOR FURTHER INFORMATION CONTACT: An procedures. Use of these broadly both equitable and efficient to electronic copy of each alternative test applicable alternative test methods are simultaneously approve its use for all method approval document is available not intended to and should not change appropriate sources and situations. at https://www.epa.gov/emc/broadly- the applicable emission standards. This Use of approved alternative test applicable-approved-alternative-test- notice also announces the removal of methods are not mandatory but rather methods. For questions about this ALT–109 as an approved broadly permissive. Sources are not required to notice, contact Mrs. Lula H. Melton, Air applicable alternative test method given employ such a method but may choose Quality Assessment Division, Office of our subsequent revisions to certain to do so in appropriate circumstances. Air Quality Planning and Standards requirements in Method 22. 83 FR As specified in 40 CFR 63.7(f)(5), (E143–02), Environmental Protection 56713 (November 14, 2018). however, a source owner or operator Agency, Research Triangle Park, NC The Administrator has the authority electing to use an alternative method for 27711; telephone number: (919) 541– to approve the use of alternative test 40 CFR part 63 standards must continue 2910; fax number: (919) 541–0516; methods for compliance with to use the alternative method until email address: [email protected]. For requirements under 40 CFR parts 60, 61, otherwise authorized. Source owners or technical questions about individual and 63. This authority is found in 40 operators should, therefore, review the alternative test method decisions, refer CFR 60.8(b)(3), 61.13(h)(1)(ii), and specific broadly applicable alternative to the contact person identified in the 63.7(e)(2)(ii). Additional and similar method approval decision at https:// individual approval document(s). authority can be found in 40 CFR www.epa.gov/emc/broadly-applicable- SUPPLEMENTARY INFORMATION: 59.104(f) and 65.158(a)(2). The criteria approved-alternative-test-methods

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before electing to employ any available at https://www.epa.gov/emc/ request case-by-case approval or to alternative method. broadly-applicable-approved- transition to an approved method. alternative-test-methods. This notice also announces our III. Approved Alternative Test Methods removal of ALT–109 as a broadly and Modifications To Test Methods As also explained in our January 30, 2007 notice, we will revisit approvals of applicable alternative test method from This notice specifies four broadly alternative test methods in response to the Broadly Applicable Approved applicable alternative test methods that written requests or objections indicating Alternative Test Methods web page. In the EPA approved between January 1, that a particular approved alternative the February 10, 2016 Federal Register 2020, and December 31, 2020. The test method either should not be broadly notice (81 FR 7092), we announced the alternative method decision letter/ applicable or that its use is not approval of ALT–109 as an alternative memo designation numbers, test appropriate or should be limited in method that would allow the use of methods affected, sources allowed to some way. Any objection to a broadly digital photographs as a compliance use this alternative, and method applicable alternative test method, as option for specific recordkeeping modifications or alternative methods well as the resolution of that objection, requirements in Method 22. On allowed are summarized in Table 1 of will be announced at https:// November 14, 2018, we incorporated this notice. A summary of approval www.epa.gov/emc/broadly-applicable- this compliance option into Method 22 documents was previously made approved-alternative-test-methods and (83 FR 56713). Therefore, ALT–109 is available on our Technology Transfer in a subsequent Federal Register notice. no longer an alternative test method. Network between January 1, 2020, and If we decide to retract a broadly Dated: January 15, 2021. December 31, 2020. For more detailed applicable test method, we will likely Peter Tsirigotis, information, please refer to the complete consider the need for an appropriate Director, Office of Air Quality Planning and copies of these approval documents transition period for users either to Standards.

TABLE 1—APPROVED ALTERNATIVE TEST METHODS AND MODIFICATIONS TO TEST METHODS REFERENCED IN OR PUB- LISHED UNDER APPENDICES IN 40 CFR PARTS 60, 61, AND 63 POSTED BETWEEN JANUARY 2020 AND DECEMBER 2020 a

Alternative method decision letter/ As an alternative or modification to For . . . You may . . . memo number ...

ALT–136 ...... Gas Chromatography (GC) in Method Sources subject to 40 CFR parts 59, Use High-Performance Liquid Chro- 18. 60, 61, 63, and 65. matograph (HPLC) to measure ace- tic acid, formic acid, and lactic acid under Method 18. ALT–137 ...... ASTM D2879 ...... Sources subject to 40 CFR part 60, Use ASTM D6377–16 and ASTM subparts K, Ka, and Kb; 40 CFR D6378–20 in accordance with the part 61, subpart FF; 40 CFR part 63, provisions specified in the approval subparts G, Y, CC, WW, EEEE, and letter dated June 19, 2020. GGGGG; and 40 CFR part 65, sub- part C. ALT–138 ...... ASTM D6522–00 ...... Sources subject to 40 CFR part 60, Use Other Test Method–39. subpart JJJJ and 40 CFR part 63, subparts ZZZZ and DDDDD. ALT–139 ...... Method 29-Determination of Total Sources subject to 40 CFR part 63, Use Method 30B-Determination of Vapor Phase Mercury Emissions subpart LL-National Emission Stand- Total Vapor Phase Mercury Emis- from Coal-Fired Combustion ards for Hazardous Air Pollutants for sions from Coal-Fired Combustion Sources Using Carbon Sorbent Primary Aluminum Reduction Plants. Sources Using Carbon Sorbent Traps. Traps. a Source owners or operators should review the specific broadly applicable alternative method approval letter at https://www.epa.gov/emc/ broadly-applicable-approved-alternative-test-methods before electing to employ any alternative test method.

[FR Doc. 2021–02519 Filed 2–5–21; 8:45 am] SUMMARY: Section 5(g) of the Toxic during the period from August 1, 2019 BILLING CODE 6560–50–P Substances Control Act (TSCA) requires to August 31, 2019. EPA to publish in the Federal Register FOR FURTHER INFORMATION CONTACT: a statement of its findings after its ENVIRONMENTAL PROTECTION review of TSCA section 5(a) notices For technical information contact: AGENCY when EPA makes a finding that a new Rebecca Edelstein, Chemical Control chemical substance or significant new Division (7405M), Office of Pollution [EPA–HQ–OPPT–2019–0271; FRL–10000– use is not likely to present an Prevention and Toxics, Environmental 99] unreasonable risk of injury to health or Protection Agency, 1200 Pennsylvania the environment. Such statements apply Ave. NW, Washington, DC 20460–0001; Certain New Chemicals or Significant to premanufacture notices (PMNs), telephone number: 202–564–1667; New Uses; Statements of Findings for microbial commercial activity notices email address: edelstein.rebecca@ August 2019 (MCANs), and significant new use epa.gov. AGENCY: Environmental Protection notices (SNUNs) submitted to EPA For general information contact: The Agency (EPA). under TSCA section 5. This document TSCA-Hotline, ABVI-Goodwill, 422 presents statements of findings made by South Clinton Ave., Rochester, NY ACTION: Notice. EPA on TSCA section 5(a) notices 14620; telephone number: (202) 554–

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1404; email address: TSCA–Hotline@ environment. This document presents EPA is required under TSCA section epa.gov. statements of findings made by EPA 5(g) to publish in the Federal Register SUPPLEMENTARY INFORMATION: during the period from August 1, 2019 a statement of its findings after its to August 31, 2019. review of TSCA section 5(a) notices I. General Information (PMNs, MCANs and SNUNs) when EPA III. What is the Agency’s authority for makes a finding that a new chemical A. Does this action apply to me? taking this action? substance or significant new use is not This action is directed to the public TSCA section 5(a)(3) requires EPA to likely to present an unreasonable risk of in general. As such, the Agency has not review a TSCA section 5(a) notice and injury to health or the environment. attempted to describe the specific make one of the following specific Anyone who plans to manufacture entities that this action may apply to. findings: • (which includes import) a new chemical Although others may be affected, this The chemical substance or substance for a non-exempt commercial action applies directly to the submitters significant new use presents an purpose and any manufacturer or of the PMNs addressed in this action. unreasonable risk of injury to health or processor wishing to engage in a use of the environment; a chemical substance designated by EPA B. How can I get copies of this document • The information available to EPA is and other related information? as a significant new use must submit a insufficient to permit a reasoned notice to EPA at least 90 days before The docket for this action, identified evaluation of the health and commencing manufacture or engaging by docket identification (ID) number environmental effects of the chemical in the significant new use. EPA–HQ–OPPT–2019–0271, is available substance or significant new use; at http://www.regulations.gov or at the • The information available to EPA is The submitter of a notice to EPA for Office of Pollution Prevention and insufficient to permit a reasoned which EPA has made a finding of ‘‘not Toxics Docket (OPPT Docket), evaluation of the health and likely to present an unreasonable risk of Environmental Protection Agency environmental effects and the chemical injury to health or the environment’’ Docket Center (EPA/DC), West William substance or significant new use may may commence manufacture of the Jefferson Clinton Bldg., Rm. 3334, 1301 present an unreasonable risk of injury to chemical substance or manufacture or Constitution Ave. NW, Washington, DC. health or the environment; processing for the significant new use The Public Reading Room is open from • The chemical substance is or will notwithstanding any remaining portion 8:30 a.m. to 4:30 p.m., Monday through be produced in substantial quantities, of the applicable review period. Friday, excluding legal holidays. The and such substance either enters or may IV. Statements of Administrator telephone number for the Public reasonably be anticipated to enter the Findings Under TSCA Section 5(a)(3)(C) Reading Room is (202) 566–1744, and environment in substantial quantities or the telephone number for the OPPT there is or may be significant or In this unit, EPA provides the Docket is (202) 566–0280. substantial human exposure to the following information (to the extent that Due to the public health concerns substance; or such information is not claimed as related to COVID–19, the EPA Docket • The chemical substance or Confidential Business Information Center (EPA/DC) and Reading Room is significant new use is not likely to (CBI)) on the PMNs, MCANs and closed to visitors with limited present an unreasonable risk of injury to SNUNs for which, during this period, exceptions. The staff continues to health or the environment. EPA has made findings under TSCA provide remote customer service via Unreasonable risk findings must be section 5(a)(3)(C) that the new chemical email, phone, and webform. For the made without consideration of costs or substances or significant new uses are latest status information on EPA/DC other non-risk factors, including an not likely to present an unreasonable services and docket access, visit https:// unreasonable risk to a potentially risk of injury to health or the www.epa.gov/dockets. exposed or susceptible subpopulation environment: identified as relevant under the • EPA case number assigned to the II. What action is the Agency taking? conditions of use. The term ‘‘conditions TSCA section 5(a) notice. This document lists the statements of of use’’ is defined in TSCA section 3 to • Chemical identity (generic name, if findings made by EPA after review of mean ‘‘the circumstances, as determined the specific name is claimed as CBI). notices submitted under TSCA section by the Administrator, under which a • Website link to EPA’s decision 5(a) that certain new chemical chemical substance is intended, known, document describing the basis of the substances or significant new uses are or reasonably foreseen to be ‘‘not likely to present an unreasonable not likely to present an unreasonable manufactured, processed, distributed in risk’’ finding made by EPA under TSCA risk of injury to health or the commerce, used, or disposed of.’’ section 5(a)(3)(C).

EPA case No. Chemical identity Website link

P–19–0120 ...... Alkenoic acid, polymer with alkanediyl bis substituted alkylene bis https://www.epa.gov/reviewing-new- heteromonocycle, substituted carbomonocycle and (alkylalkenyl) chemicals-under-toxic-substances- carbomonocycle, alkali metal salt (generic name). control-act-tsca/tsca-section-5a3c-de- termination-293. P–19–0118 ...... Substituted polyalkylenepoly, reaction products with alkene polymer (generic https://www.epa.gov/reviewing-new- name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-292. P–19–0099 ...... Propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methyl-, polymer with dimethyl https://www.epa.gov/reviewing-new- carbonate, 1,2-ethanediamine, 2-ethyl-2-(hydroxymethyl)-1,3-propanediol, chemicals-under-toxic-substances- 1,6-hexanediol and 1,1’-methylenebis[4-isocyanatocyclohexane], compd. with control-act-tsca/tsca-section-5a3c-de- N,N-diethylethanamine (CASRN: 1178511–46–0). termination-291.

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EPA case No. Chemical identity Website link

P–19–0047 ...... Propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methyl-, polymer with 5-amino- https://www.epa.gov/reviewing-new- 1,3,3-trimethylcyclohexanemethanamine, .alpha.-hydro-.omega.- chemicals-under-toxic-substances- hydroxypoly(oxy-1,4-butanediyl), alpha.-hydro-.omega.- control-act-tsca/tsca-section-5a3c-de- hydroxypoly[oxy(methyl-1,2-ethanediyl)], 5-isocyanato-1-(isocyanatomethyl)- termination-290. 1,3,3-trimethylcyclohexane and 1,1’-methylenebis[4-isocyanatobenzene], Pr alc.-blocked (CASRN: 2283318–90–9). P–19–0024 ...... Silsesquioxanes, 3-(dimethyloctadecylammonio)propyl Me Pr, polymers with si- https://www.epa.gov/reviewing-new- licic acid (H4Si04) tetra-Et ester, (2-hydroxyethoxy)- and methoxyterminated, chemicals-under-toxic-substances- chlorides (CASRN: 2231249–14–0). control-act-tsca/tsca-section-5a3c-de- termination-289. P–18–0384 ...... Lithium, isotope of mass 6 (CASRN: 14258–72–1) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-288. P–18–0358 ...... 1H-Imidazole-1-propanenitrile, 2-ethyl-ar-methyl- (CASRN: 568591–00–4) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-287. P–18–0276 ...... Benzenesulfonamide, N-[2-[[(phenylamino)carbonyl]amino]phenyl]- (CASRN: https://www.epa.gov/reviewing-new- 215917–77–4). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-286. P–18–0197 ...... Metal, alkylcarboxylate oxo complexes (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-285. P–18–0172 ...... Calcium, carbonate 2-ethylhexanoate neodecanoate propionate complex (spe- https://www.epa.gov/reviewing-new- cific name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-284. P–18–0109 ...... 2-Alkenoic acid, 2-alkyl-, alkyl ester, polymer with 2-(dialkylamino)alkyl 2-alkyl- https://www.epa.gov/reviewing-new- 2-alkenoate, alkyl 2-alkyl-2-alkenoate and a-(2-alkyl-1-oxo-2-alken-1-yl)-o- chemicals-under-toxic-substances- alkoxypoly(oxy-1,2-alkanediyl), [(1-alkoxy-2-alkyl-1-alken-1- control-act-tsca/tsca-section-5a3c-de- yl)oxy]trialkylsilane-initiated (generic name). termination-283. P–17–0347, P–17– (P–17–0347) Oxirane, 2-methyl-, polymer with oxirane, mono(2-butyloctyl) https://www.epa.gov/reviewing-new- 0348, P–17–0349, ether (CASRN:252756–20–0), (P–17–0348) oxirane, 2-methyl-, polymer with chemicals-under-toxic-substances- P–17–0350, P–17– oxirane, mono(2-hexyldecyl) ether (CASRN: 125005–52–9), (P–17–0349) control-act-tsca/tsca-section-5a3c-de- 0351, P–17–0352. oxirane, 2-methyl-, polymer with oxirane, mono(2-octyldodecyl) ether termination-294. (CASRN: 102640–44–8), (P–17–0350) oxirane, 2-methyl-, polymer with oxirane, mono(2-decyltetradecyl) ether (CASRN: 72484–69–6), (P–17–0351) oxirane, 2-methyl-, polymer with oxirane, mono(2-dodecylhexadecyl) ether (CASRN: 102640–42–6), (P–17–0352) oxirane, 2-methyl-, polymer with oxirane, mono(2-tetradecyloctadecyl) ether (CASRN: 102640–46–0). P–16–0541 ...... Specific: Soybean meal, reaction products with phosphoric trichloride (CASRN: https://www.epa.gov/reviewing-new- 1962913–92–3). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-282. P–18–0387, P–18– (P–18–0387) Alkanal, reaction products with alkanediyl bis[alkyl-tris(alkyl- https://www.epa.gov/reviewing-new- 0388. heterocycle)-1,3,5-triazine-2,4,6-triamine and hydrogen peroxide, (P–18– chemicals-under-toxic-substances- 0388) 1,3,5-triazine-2,4,6-triamine, alkanediyl bis[alkyl-tris(alkyl-heterocycle)-, control-act-tsca/tsca-section-5a3c-de- allyl derivs., oxidized, hydrogenated (generic names). termination-281. P–17–0299 ...... 2-Propenoic acid, alkyl-, polymers with alkyl acrylate and polyethylene glycol https://www.epa.gov/reviewing-new- methacrylate alkyl ether (generic name). chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-280. P–18–0155, P–18– (P–18–0155) Crosslinked polymer of alkyl acrylamides, acrylate esters, and https://www.epa.gov/reviewing-new- 0156. alkyl acrylamide sulfonate salt, (P–18–0156) Crosslinked polymer of alkyl chemicals-under-toxic-substances- acrylamides, acrylate esters, and alkyl acrylamide sulfonic acid (generic control-act-tsca/tsca-section-5a3c-de- names). termination-279. SN–19–0005 ...... Functionalized multi-walled carbon nanotubes (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-278. P–19–0085 ...... Aliphatic hydrocarbons, C16–18-branched and linear (generic name) ...... https://www.epa.gov/reviewing-new- chemicals-under-toxic-substances- control-act-tsca/tsca-section-5a3c-de- termination-277. P–18–0190, P–18– (P–18–0190) 2,5-Furandione, polymer with ethenylbenzene, 4-hydroxy-sub- https://www.epa.gov/reviewing-new- 0191. stituted butyl amide, polymers with epichlorohydrin and trimethylolpropane, chemicals-under-toxic-substances- sodium salts, (P–18–0191) 2,5-Furandione, polymer with ethenylbenzene, 4- control-act-tsca/tsca-section-5a3c-de- hydroxy-substituted butyl [3-[2-[1-[[(substituted phenyl)amino]carbonyl]-2- termination-276. oxopropyl]diazenyl]phenyl]methyl amide, polymers with epichlorohydrin and trimthylolpropane, sodium salts (generic names).

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Authority: 15 U.S.C. 2601 et seq. Division (RD) (7505P), main telephone notice of receipt and opportunity to Dated: October 30, 2020. number: (703) 305–7090, email address: comment on these applications. Notice Madison Le, [email protected]. The mailing of receipt of these applications does not Director, New Chemicals Division, Office of address for each contact person is: imply a decision by the Agency on these Pollution Prevention and Toxics. Office of Pesticide Programs, applications. Environmental Protection Agency, 1200 [FR Doc. 2021–02523 Filed 2–5–21; 8:45 am] Notice of Receipts—New Uses Pennsylvania Ave. NW, Washington, DC BILLING CODE 6560–50–P 20460–0001. As part of the mailing 1. EPA Registration Number(s): 100– address, include the contact person’s 811, 100–828, 100–953, 100–1663, and ENVIRONMENTAL PROTECTION name, division, and mail code. The 100–1664. Docket ID number: EPA–HQ– AGENCY division to contact is listed at the end OPP–2020–0417. Applicant: Syngenta of each application summary. Crop Protection, LLC, P.O. Box 18300, [EPA–HQ–OPP–2020–0052; FRL–10016–94] SUPPLEMENTARY INFORMATION: Greensboro, NC 27419. Active ingredient: Cyprodinil. Product type: Pesticide Product Registration; I. General Information Fungicide. Proposed Use(s): Brassica, Receipt of Applications for New Uses A. Does this action apply to me? leafy greens, subgroup 4–16B, except (October 2020) watercress; celtuce; fennel, Florence, You may be potentially affected by AGENCY: Environmental Protection fresh leaves and stalk; kohlrabi; leaf this action if you are an agricultural petiole vegetable subgroup 22B; leafy Agency (EPA). producer, food manufacturer, or ACTION: Notice. greens subgroup 4–16A, except parsley, pesticide manufacturer. The following fresh leaves; lemon/lime subgroup 10– SUMMARY: EPA has received applications list of North American Industrial 10B; sugar apple; tropical and to register new uses for pesticide Classification System (NAICS) codes is subtropical, small fruit, inedible peel, products containing currently registered not intended to be exhaustive, but rather subgroup 24A; and vegetable, brassica, active ingredients. Pursuant to the provides a guide to help readers head and stem, group 5–16. Contact: Federal Insecticide, Fungicide, and determine whether this document RD. Rodenticide Act (FIFRA), EPA is hereby applies to them. Potentially affected 2. EPA Registration Numbers: 100– providing notice of receipt and entities may include: 1462, 100–1463, 100–1465 and 100– • Crop production (NAICS code 111). opportunity to comment on these • 1467. Docket ID number: EPA–HQ– applications. Animal production (NAICS code OPP–2020–0375. Applicant: Syngenta 112). Crop Protection, LLC, P.O. Box 18300, DATES: Comments must be received on • Food manufacturing (NAICS code or before March 10, 2021. Greensboro, NC 27419. Active 311). ingredient: Bicyclopyrone. Product type: ADDRESSES: Submit your comments, Herbicide. Proposed uses: Banana; identified by the docket identification B. What should I consider as I prepare broccoli; garlic, bulb; hops, dried cones; (ID) number and the File Symbol of the my comments for EPA? horseradish; onion, bulb; onion, green; EPA registration number of interest as 1. Submitting CBI. Do not submit this papaya; plantains; strawberry; sweet shown in the body of this document, by information to EPA through potato, roots; timothy, forage; timothy, one of the following methods: regulations.gov or email. Clearly mark • Federal eRulemaking Portal: http:// the part or all of the information that hay; and watermelon. Contact: RD. www.regulations.gov. Follow the online you claim to be CBI. For CBI Authority: 7 U.S.C. 136 et seq. instructions for submitting comments. information in a disk or CD–ROM that Dated: November 9, 2020. Do not submit electronically any you mail to EPA, mark the outside of the Delores Barber, information you consider to be disk or CD–ROM as CBI and then Director, Information Technology and Confidential Business Information (CBI) identify electronically within the disk or Resources Management Division, Office of or other information whose disclosure is CD–ROM the specific information that Pesticide Programs. restricted by statute. is claimed as CBI. In addition to one [FR Doc. 2021–02539 Filed 2–5–21; 8:45 am] • Mail: OPP Docket, Environmental complete version of the comment that BILLING CODE 6560–50–P Protection Agency Docket Center (EPA/ includes information claimed as CBI, a DC), (28221T), 1200 Pennsylvania Ave. copy of the comment that does not NW, Washington, DC 20460–0001. contain the information claimed as CBI • ENVIRONMENTAL PROTECTION Hand Delivery: To make special must be submitted for inclusion in the AGENCY arrangements for hand delivery or public docket. Information so marked delivery of boxed information, please will not be disclosed except in [EPA–HQ– OAR–2019–0588; FRL–10016– 40–OAR] follow the instructions at https:// accordance with procedures set forth in www.epa.gov/dockets/where-send- 40 CFR part 2. Alternative Method for Calculating Off- comments-epa-dockets. 2. Tips for preparing your comments. Due to the public health concerns Cycle Credits Under the Light-Duty When preparing and submitting your Vehicle Greenhouse Gas Emissions related to COVID–19, the EPA Docket comments, see the commenting tips at Center (EPA/DC) and Reading Room is Program: Applications From Nissan https://www.epa.gov/dockets/ North America, Inc. closed to visitors with limited commenting-epa-dockets. exceptions. The staff continues to AGENCY: Environmental Protection II. Registration Applications provide remote customer service via Agency (EPA). email, phone, and webform. For the EPA has received applications to ACTION: Notice. latest status information on EPA/DC register new uses for pesticide products services and docket access, visit https:// containing currently registered active SUMMARY: EPA is requesting comment www.epa.gov/dockets. ingredients. Pursuant to the provisions on applications from Nissan North FOR FURTHER INFORMATION CONTACT: of FIFRA section 3(c)(4) (7 U.S.C. America, Inc., (Nissan) for off-cycle Marietta Echeverria, Registration 136a(c)(4)), EPA is hereby providing carbon dioxide (CO2) credits under

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EPA’s light-duty vehicle greenhouse gas http://www2.epa.gov/dockets/ reductions that exceed those available emissions standards. ‘‘Off-cycle’’ commenting-epa-dockets. via use of the predetermined list. emission reductions can be achieved by FOR FURTHER INFORMATION CONTACT: Under the regulations, a manufacturer employing technologies that result in David Wright, Environmental Protection seeking to demonstrate off-cycle credits real-world benefits, but where that Specialist, Office of Transportation and with an alternative methodology (i.e., benefit is not adequately or entirely Air Quality, Compliance Division, U.S. under the third pathway described captured on the test procedures used by Environmental Protection Agency, 2000 above) must describe a methodology manufacturers to demonstrate Traverwood Drive, Ann Arbor, MI that meets the following criteria: • compliance with emission standards. 48105. Telephone: (734) 214–4467. Fax: Use modeling, on-road testing, on- EPA’s light-duty vehicle greenhouse gas (734) 214–4869. Email address: road data collection, or other approved program acknowledges these benefits by [email protected]. analytical or engineering methods; giving automobile manufacturers several • Be robust, verifiable, and capable of SUPPLEMENTARY INFORMATION: options for generating ‘‘off-cycle’’ demonstrating the real-world emissions carbon dioxide (CO2) credits. Under the I. Background benefit with strong statistical significance; regulations, a manufacturer may apply EPA’s light-duty vehicle greenhouse • Result in a demonstration of for CO2 credits for technologies that gas (GHG) program provides three baseline and controlled emissions over result in off-cycle benefits. In these pathways by which a manufacturer may a wide range of driving conditions and cases, a manufacturer must provide EPA accrue off-cycle carbon dioxide (CO ) 2 number of vehicles such that issues of with a proposed methodology for credits for those technologies that determining the real-world off-cycle data uncertainty are minimized; achieve CO2 reductions in the real • Result in data on a model type basis benefit. Nissan has submitted world but where those reductions are applications that describe unless the manufacturer demonstrates not adequately or entirely captured on that another basis is appropriate and methodologies for determining off-cycle the test used to determine compliance credits from low-power-consumption adequate. with the CO2 standards, and which are compressor clutch technology. The Further, the regulations specify the not otherwise reflected in the standards’ following requirements regarding an application for compressor clutch stringency. The first pathway is a technology includes test data to application for off-cycle CO2 credits: predetermined list of credit values for • A manufacturer requesting off-cycle establish the 0.3 grams CO2/mile credit specific off-cycle technologies that may value compared to the industry standard credits must develop a methodology for be used beginning in model year 2014.1 demonstrating and determining the clutch with similar performance This pathway allows manufacturers to characteristics (circa 2012). Nissan’s benefit of the off-cycle technology, and use conservative credit values carry out any necessary testing and application is limited to 2017 and later established by EPA for a wide range of model year vehicles. Pursuant to analysis required to support that technologies, with minimal data methodology. applicable regulations, EPA is making submittal or testing requirements. In • descriptions of the manufacturers’ off- A manufacturer requesting off-cycle cases where additional laboratory credits must conduct testing and/or cycle credit calculation methodologies testing can demonstrate emission available for public comment. prepare engineering analyses that benefits, a second pathway allows demonstrate the in-use durability of the DATES: Comments must be received on manufacturers to use a broader array of technology for the full useful life of the or before March 10, 2021. emission tests (known as ‘‘5-cycle’’ vehicle. ADDRESSES: Submit your comments testing because the methodology uses • The application must contain a referencing Docket ID No. EPA–HQ– five different testing procedures) to detailed description of the off-cycle OAR–2019–0588, to the Federal demonstrate and justify off-cycle CO2 technology and how it functions to 2 eRulemaking Portal: http:// credits. The additional emission tests reduce CO2 emissions under conditions www.regulations.gov. Follow the online allow emission benefits to be not represented on the compliance tests. instructions for submitting comments. demonstrated over some elements of • The application must contain a list Once submitted, comments cannot be real-world driving not captured by the of the vehicle model(s) which will be edited or withdrawn. The EPA may GHG compliance tests, including high equipped with the technology. publish any comment received to its speeds, hard accelerations, and cold • The application must contain a public docket. Do not submit temperatures. Credits determined detailed description of the test vehicles electronically any information you according to either of these selected and an engineering analysis consider to be Confidential Business methodologies do not undergo that supports the selection of those Information (CBI) or other information additional public review. The third and vehicles for testing. whose disclosure is restricted by statute. last pathway allows manufacturers to • The application must contain all Multimedia submissions (audio, video, seek EPA approval to use an alternative testing and/or simulation data required etc.) must be accompanied by a written methodology for determining the off- under the regulations, plus any other 3 comment. The written comment is cycle CO2 credits. This option is only data the manufacturer has considered in considered the official comment and available if the benefit of the technology the analysis. should include discussion of all points cannot be adequately demonstrated Finally, the alternative methodology you wish to make. The EPA will using the 5-cycle methodology. must be approved by EPA prior to the generally not consider comments or Manufacturers may also use this option manufacturer using it to generate comment contents located outside of the for model years prior to 2014 to credits. As part of the review process primary submission (i.e., on the web, demonstrate off-cycle CO2 reductions defined by regulation, the alternative cloud, or other file sharing system). For for technologies that are on the methodology submitted to EPA for additional submission methods, the full predetermined list, or to demonstrate consideration must be made available EPA public comment policy, for public comment.4 EPA will consider information about CBI or multimedia 1 See 40 CFR 86.1869–12(b). public comments as part of its final submissions, and general guidance on 2 See 40 CFR 86.1869–12(c). making effective comments, please visit 3 See 40 CFR 86.1869–12(d). 4 See 40 CFR 86.1869–12(d)(2).

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decision to approve or deny the request different. In such cases, a new services and docket access, visit https:// for off-cycle credits. application would be required, www.epa.gov/dockets. including an opportunity for public II. Off-Cycle Credit Applications FOR FURTHER INFORMATION CONTACT: comment. Charles Smith, Biopesticides and Using the alternative methodology Dated: November 10, 2020. Pollution Prevention Division (7511P), approach discussed above, Nissan is main telephone number: (703) 305– applying for credits for model years Byron Bunker, Director, Compliance Division, Office of 7090, email address: BPPDFRNotices@ 2017 and later. Nissan has applied for epa.gov; or Marietta Echeverria, off-cycle credits using the alternative Transportation and Air Quality, Office of Air and Radiation. Registration Division (7505P), main demonstration methodology pathway telephone number: (703) 305–7090, for the low-power-consumption clutch [FR Doc. 2021–02517 Filed 2–5–21; 8:45 am] BILLING CODE 6560–50–P email address: [email protected]. technology. The application covers 2017 The mailing address for each contact model year and later vehicles. The person is: Office of Pesticide Programs, methodologies described by Nissan are ENVIRONMENTAL PROTECTION Environmental Protection Agency, 1200 generally consistent with those used by Pennsylvania Ave. NW, Washington, DC other manufacturers to determine AGENCY 20460–0001. As part of the mailing similar credit values. The requested [EPA–HQ–OPP–2020–0049; FRL–10016–92] address, include the contact person’s credit value is 0.3 grams CO2/mile. Pesticide Product Registration; name, division, and mail code. The III. EPA Decision Process Receipt of Applications for New Active division to contact is listed at the end EPA has reviewed the applications for Ingredients (October 2020) of each application summary. completeness and is now making the SUPPLEMENTARY INFORMATION: AGENCY: Environmental Protection applications available for public review I. General Information and comment as required by the Agency (EPA). regulations. The off-cycle credit ACTION: Notice. A. Does this action apply to me? applications submitted by Nissan (with SUMMARY: EPA has received applications You may be potentially affected by confidential business information this action if you are an agricultural redacted) have been placed in the public to register pesticide products containing active ingredients not included in any producer, food manufacturer, or docket (see ADDRESSES section above) pesticide manufacturer. The following and on EPA’s website at https:// currently registered pesticide products. Pursuant to the Federal Insecticide, list of North American Industrial www.epa.gov/ve-certification/ Classification System (NAICS) codes is compliance-information-light-duty- Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice not intended to be exhaustive, but rather greenhouse-gas-ghg-standards. EPA is provides a guide to help readers providing a 30-day comment period on of receipt and opportunity to comment on these applications. determine whether this document the applications for off-cycle credits applies to them. Potentially affected DATES: Comments must be received on described in this notice, as specified by entities may include: the regulations. The manufacturers may or before March 10, 2021. • Crop production (NAICS code 111). submit a written rebuttal of comments ADDRESSES: Submit your comments, • Animal production (NAICS code for EPA’s consideration, or may revise identified by the docket identification 112). an application in response to comments. (ID) number and the File Symbol of • Food manufacturing (NAICS code After reviewing any public comments interest as shown in the body of this 311). and any rebuttal of comments submitted document, by one of the following • Pesticide manufacturing (NAICS by manufacturers, EPA will make a final methods: code 32532). decision regarding the credit requests. • Federal eRulemaking Portal: http:// An EPA decision regarding these off- www.regulations.gov. Follow the online B. What should I consider as I prepare cycle credit requests will only apply to instructions for submitting comments. my comments for EPA? the vehicles and model years specified Do not submit electronically any 1. Submitting CBI. Do not submit this in the applications submitted by each information you consider to be information to EPA through manufacturer. EPA will make its Confidential Business Information (CBI) regulations.gov or email. Clearly mark decision available to the public by or other information whose disclosure is the part or all of the information that placing a decision document (or restricted by statute. you claim to be CBI. For CBI multiple decision documents) in the • Mail: OPP Docket, Environmental information in a disk or CD–ROM that docket and on EPA’s website at https:// Protection Agency Docket Center (EPA/ you mail to EPA, mark the outside of the www.epa.gov/ve-certification/ DC), (28221T), 1200 Pennsylvania Ave. disk or CD–ROM as CBI and then compliance-information-light-duty- NW, Washington, DC 20460–0001. identify electronically within the disk or greenhouse-gas-ghg-standards. An EPA • Hand Delivery: To make special CD–ROM the specific information that decision to approve off-cycle credit arrangements for hand delivery or is claimed as CBI. In addition to one requests would only apply to the delivery of boxed information, please complete version of the comment that manufacturers, model years, vehicles, follow the instructions at https:// includes information claimed as CBI, a and technologies specified in the credit www.epa.gov/dockets/where-send- copy of the comment that does not applications. Such decision would not comments-epa-dockets. contain the information claimed as CBI apply to other vehicles or vehicles from Due to the public health concerns must be submitted for inclusion in the other manufacturers. While the broad related to COVID–19, the EPA Docket public docket. Information so marked methodologies used by these Center (EPA/DC) and Reading Room is will not be disclosed except in manufacturers could potentially be used closed to visitors with limited accordance with procedures set forth in for other vehicles and by other exceptions. The staff continues to 40 CFR part 2. manufacturers, the vehicle specific data provide remote customer service via 2. Tips for preparing your comments. needed to demonstrate the off-cycle email, phone, and webform. For the When preparing and submitting your emissions reductions would likely be latest status information on EPA/DC comments, see the commenting tips at

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https://www.epa.gov/dockets/ overhead sprinkler irrigation Inc., P.O. Box 14069, Research Triangle commenting-epa-dockets. equipment. Contact: BPPD. Park, NC 27709. Product name: 4. File Symbol: 70051–RGR. Docket ID AFS032321 Technical. Active II. Registration Applications number: EPA–HQ–OPP–2020–0326. ingredient: Bactericide and Fungicide— EPA has received applications to Applicant: Certis USA LLC, 9145 Bacillus subtilis strain AFS032321 at register pesticide products containing Guilford Rd., Suite 175, Columbia, MD 100.0%. Proposed use: Manufacturing active ingredients not included in any 21046. Product name: NPV003 LC. use. Contact: BPPD. currently registered pesticide products. Active ingredient: Insecticide— (Authority: 7 U.S.C. 136 et seq.) Pursuant to the provisions of FIFRA Spodoptera frugiperda multiple section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA nucleopolyhedrovirus isolate NPV003 at Dated: November 6, 2020. is hereby providing notice of receipt and 25%. Proposed use: To control fall Delores Barber, opportunity to comment on these armyworm (by killing larvae) on or in Director, Information Technology and applications. Notice of receipt of these berries and small fruit; Brassica head Resources Management Division, Office of applications does not imply a decision and stem vegetables; cereal grains; Pesticide Programs. by the Agency on these applications. cucurbit vegetables; forage, fodder, and [FR Doc. 2021–02526 Filed 2–5–21; 8:45 am] For actions being evaluated under EPA’s straw of cereal grains; fruiting BILLING CODE 6560–50–P public participation process for vegetables; grass forage, fodder, and hay; registration actions, there will be an hemp; leafy vegetables; legume additional opportunity for public vegetables; nongrass animal feeds; ENVIRONMENTAL PROTECTION comment on the proposed decisions. oilseeds; ornamental flowers and plants; AGENCY Please see EPA’s public participation pastures; pome fruit; root and tuber [FRL–10019–67–OAR] website for additional information on vegetables; sugarcane; tobacco; and turf this process (http://www2.epa.gov/ via ground sprayers, aerial sprayers, or Proposed Information Collection pesticide-registration/public- overhead sprinkler irrigation Request; Comment Request; 43 participation-process-registration- equipment. Contact: BPPD. Source Categories actions). 5. File Symbols: 94609–R and 94609– E. Docket ID number: EPA–HQ–OPP– AGENCY: Environmental Protection New Active Ingredients 2020–0533. Applicant: Meiji Seika Agency (EPA). 1. File Symbol: 70051–REI. Docket ID Pharma Co., Ltd, c/o Landis ACTION: Notice. number: EPA–HQ–OPP–2020–0326. International, Inc., 3185 Madison Applicant: Certis USA LLC, 9145 SUMMARY: The U.S. Environmental Highway, P.O. Box 5126, Valdosta, GA Protection Agency (EPA) is planning to Guilford Rd., Suite 175, Columbia, MD 31603–5126. Product names: L- 21046. Product name: NPV003 submit the below listed Information Glufosinate Free Acid and L-Glufosinate Collection Requests (ICR) to the Office Technical. Active Ingredient: Liquid Formulation. Active ingredient: Insecticide—Spodoptera frugiperda of Management and Budget (OMB) for Herbicide—L- Glufosinate Free Acid at review and approval in accordance with multiple nucleopolyhedrovirus isolate 92.3% (L-Glufosinate Free Acid) and the Paperwork Reduction Act (PRA). NPV003 at 100%. Proposed use: 10.26% (L-Glufosinate Liquid Before doing so, the EPA is soliciting Manufacturing use. Contact: BPPD. Formulation). Proposed uses: Apple; public comments on specific aspects of 2. File Symbol: 70051–REO. Docket ID Beet, sugar; Bushberry subgroup 13B ; the proposed information collection as number: EPA–HQ–OPP–2020–0326. Canola; Corn, field; Corn, sweet; Cotton; described below. These are proposed Applicant: Certis USA LLC, 9145 Fruit, citrus, crop group 10–10; Fruit, extensions of the currently approved Guilford Rd., Suite 175, Columbia, MD pome, crop group 11–10; Fruit, stone, ICRs. An agency may not conduct or 21046. Product name: NPV003 50% crop group 12–12; Grape; Nut, tree, crop sponsor and a person is not required to MUP. Active ingredient: Insecticide— group 14–12; Olive; Potato; Soybean. respond to a collection of information Spodoptera frugiperda multiple Contact: RD. nucleopolyhedrovirus isolate NPV003 at 6. File Symbol: 94713–E. Docket ID unless it displays a currently valid OMB 50%. Proposed use: Manufacturing use. number: EPA–HQ–OPP–2020–0496. control number. Contact: BPPD. Applicant: AFS32321 Crop Protection, DATES: Comments must be submitted on 3. File Symbol: 70051–RGN. Docket ID Inc., P.O. Box 14069, Research Triangle or before April 9, 2021. number: EPA–HQ–OPP–2020–0326. Park, NC 27709. Product name: Theia ADDRESSES: Submit your comments, Applicant: Certis USA LLC, 9145 Fungicide. Active ingredient: referencing the Docket ID numbers Guilford Rd., Suite 175, Columbia, MD Bactericide and Fungicide—Bacillus provided for each item in the text, 21046. Product name: NPV003 WP. subtilis strain AFS032321 at 100.0%. online using https:// Active ingredient: Insecticide— Proposed use: To control or suppress www.regulations.gov/ (our preferred Spodoptera frugiperda multiple foliar and soilborne diseases of plants method), by email to a-and-r-docket@ nucleopolyhedrovirus isolate NPV003 at (e.g., berries, cucurbit vegetables, hemp, epa.gov, or by mail to: EPA Docket 0.71%. Proposed use: To control fall legume vegetables, pome fruit, or turf) Center, Environmental Protection armyworm (by killing larvae) on or in in fields, forests, greenhouses, nurseries, Agency, Mail Code 28221T, 1200 berries and small fruit; Brassica head post-harvest facilities, residential areas, Pennsylvania Ave. NW, Washington, DC and stem vegetables; cereal grains; or shadehouses via banded spray, bare 20460. The EPA’s policy is that all cucurbit vegetables; forage, fodder, and root dip, broadcast spray, chemigation, comments received will be included in straw of cereal grains; fruiting foliar spray, hydroponics operations, in- the public docket without change vegetables; grass forage, fodder, and hay; furrow treatment, seed treatment, including any personal information hemp; leafy vegetables; legume shanked-in treatment, soil drench, soil provided, unless the comment includes vegetables; nongrass animal feeds; injection, transplant water, or tray profanity, threats, information claimed oilseeds; ornamental flowers and plants; drench. Contact: BPPD. to be Confidential Business Information pastures; pome fruit; root and tuber 7. File Symbol: 94713–R. Docket ID (CBI) or other information whose vegetables; sugarcane; tobacco; and turf number: EPA–HQ–OPP–2020–0496. disclosure is restricted by statute. Out of via ground sprayers, aerial sprayers, or Applicant: AFS32321 Crop Protection, an abundance of caution for members of

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the public and our staff, the EPA Docket review and approval. At that time, the increase in the number of sources Center and Reading Room are closed to EPA will issue another Federal Register subject to the regulation. the public, with limited exceptions, to document to announce the submission (3) Docket ID Number: EPA–HQ– reduce the risk of transmitting COVID– of the ICR to OMB and the opportunity OAR–2020–0623; National Emission 19. Our Docket Center staff will to submit additional comments to OMB. Standards for Hazardous Air Pollutants continue to provide remote customer General Abstract: For all the listed from Natural Gas Transmission and service via email, phone, and webform. ICRs in this document, owners and Storage Facilities (40 CFR part 63, HHH) We encourage the public to submit operators of affected facilities are (Renewal); EPA ICR Number 1789.11; comments via https:// required to comply with reporting and OMB Control Number 2060–0418; www.regulations.gov/ or email, as there recordkeeping requirements for the Expiration date October 31, 2021. may be a delay in processing mail and General Provisions of 40 CFR part 60, Respondents: Natural gas faxes. Hand deliveries and couriers may subpart A or 40 CFR part 63, subpart A, transmission and storage facilities. be received by scheduled appointment as well as the applicable specific Respondent’s obligation to respond: only. For further information on the standards. This includes submitting Mandatory (40 CFR part 63, HHH). EPA Docket Center services and the initial notifications, performance tests, Estimated number of respondents: 55. current status, please visit us online at and periodic reports and results, and Frequency of response: Initially and https://www.epa.gov/dockets. maintaining records of the occurrence semiannually. FOR FURTHER INFORMATION CONTACT: Mr. and duration of any startup, shutdown, Estimated annual burden: 2,910 Muntasir Ali, Sector Policies and or malfunction in the operation of an hours. Programs Division (D243–05), Office of affected facility, or any period during Estimated annual cost: $306,000, Air Quality Planning and Standards, which the monitoring system is includes no annualized capital or O&M U.S. Environmental Protection Agency, inoperative. These reports are used by costs. Research Triangle Park, North Carolina the EPA to determine compliance with Changes in estimates: There is a 27711; telephone number: (919) 541– the standards. projected increase in burden due to an 0833; email address: ali.muntasir@ (1) Docket ID Number: EPA–HQ– increase in the number of sources epa.gov. OAR–2020–0628; Standards of subject to the regulation. (4) Docket ID Number: EPA–HQ– SUPPLEMENTARY INFORMATION: Performance for Sulfuric Acid Plants (40 CFR part 60, subpart H) (Renewal); EPA OAR–2020–0637; National Emission Supporting documents which explain in Standards for Hazardous Air Pollutants detail the information that the EPA will ICR Number 1057.15; OMB Control Number 2060–0041; Expiration date for Source Categories: Carbon Black, be collecting are available in the public Ethylene, Cyanide, and Spandex (40 docket for this ICR. The docket can be October 31, 2021. Respondents: Sulfuric acid CFR part 63, subpart YY) (Renewal); viewed online at https:// EPA ICR Number 1983.11; OMB Control www.regulations.gov/ or in person at the manufacturing facilities. Respondent’s obligation to respond: Number 2060–0489; Expiration date EPA Docket Center, WJC West Building, Mandatory (40 CFR part 60, subpart H). November 30, 2021. Room 3334, 1301 Constitution Ave. NW, Estimated number of respondents: 53. Respondents: Carbon black, ethylene, Washington, DC. The telephone number Frequency of response: Semiannually. cyanide, and spandex manufacturing for the EPA Docket Center is (202) 566– Estimated annual burden: 13,500 facilities. 1744. For additional information about hours. Respondent’s obligation to respond: the EPA’s public docket, visit http:// Estimated annual cost: $1,660,000, Mandatory (40 CFR part 63, subpart www.epa.gov/dockets. includes $239,000 annualized capital or YY). Pursuant to section 3506(c)(2)(A) of operations and maintenance (O&M) Estimated number of respondents: 61. the PRA, the EPA is soliciting comments costs. Frequency of response: Semiannually and information to enable it to: (1) Changes in estimates: There is no and annually. Evaluate whether the proposed change in burden from the previous ICR. Estimated annual burden: 41,800 collection of information is necessary (2) Docket ID Number: EPA–HQ– hours. for the proper performance of the OAR–2020–0633; Standards of Estimated annual cost: $4,930,000, functions of the Agency, including Performance for Polymeric Coating of includes $351,000 annualized capital or whether the information will have Supporting Substrates Facilities (40 CFR O&M costs. practical utility; (2) evaluate the part 60, subpart VVV) (Renewal); EPA Changes in estimates: There is a accuracy of the Agency’s estimate of the ICR Number 1284.12; OMB Control projected increase in burden due to an burden of the proposed collection of Number 2060–0181; Expiration date increase in the number of sources information, including the validity of October 31, 2021. subject to the regulation. the methodology and assumptions used; Respondents: Facilities performing (5) Docket ID Number: EPA–HQ– (3) enhance the quality, utility, and polymeric coating of supporting OAR–2020–0635; National Emission clarity of the information to be substrates. Standards for Hazardous Air Pollutants collected; and (4) minimize the burden Respondent’s obligation to respond: for Primary Copper Smelting (40 CFR of the collection of information on those Mandatory (40 CFR part 60, subpart part 63, subpart QQQ) (Renewal); EPA who are to respond, including through VVV). ICR Number 1850.09; OMB Control the use of appropriate automated Estimated number of respondents: 61. Number 2060–0476; Expiration date electronic, mechanical, or other Frequency of response: Initially, November 30, 2021. technological collection techniques or quarterly, and semiannually. Respondents: Primary copper other forms of information technology, Estimated annual burden: 14,200 smelting facilities. e.g., permitting electronic submission of hours. Respondent’s obligation to respond: responses. Burden is defined at 5 CFR Estimated annual cost: $2,190,000, Mandatory (40 CFR part 63, subpart 1320.03(b). The EPA will consider the includes $700,000 annualized capital or QQQ). comments received and amend the ICR O&M costs. Estimated number of respondents: 3. as appropriate. The final ICR package Changes in estimates: There is a Frequency of response: Semiannually will then be submitted to OMB for projected increase in burden due to an and annually.

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Estimated annual burden: 9,440 Estimated number of respondents: 18. Respondent’s obligation to respond: hours. Frequency of response: Semiannually. Mandatory (40 CFR part 61, subpart F). Estimated annual cost: $999,000, Estimated annual burden: 6,280 Estimated number of respondents: 16. includes $8,220 annualized capital or hours. Frequency of response: Quarterly and O&M costs. Estimated annual cost: $690,000, annually. Changes in estimates: There is no includes $29,700 annualized capital or Estimated annual burden: 6,540 change in burden from the previous ICR. O&M costs. hours. (6) Docket ID Number: EPA–HQ– Changes in estimates: There is no Estimated annual cost: $1,410,000, OAR–2020–0631; Standards of change in burden from the previous ICR. includes $720,000 annualized capital or Performance for Hot Mix Asphalt (9) Docket ID Number: EPA–HQ– O&M costs. Facilities (40 CFR part 60, subpart I) OAR–2020–0632; Standards of Changes in estimates: There is no (Renewal); EPA ICR Number 1127.13; Performance for Lime Manufacturing change in burden from the previous ICR. OMB Control Number 2060–0083; Plants (40 CFR part 60, subpart HH) (12) Docket ID Number: EPA–HQ– Expiration date December 31, 2021. (Renewal); EPA ICR Number 1167.13; OAR–2020–0630; National Emission Respondents: Hot mix asphalt OMB Control Number 2060–0063; Standards for Inorganic Arsenic facilities. Expiration date December 31, 2021. Emissions from Glass Manufacturing Respondent’s obligation to respond: Respondents: Lime manufacturing Plants (40 CFR part 61, subpart N) Mandatory (40 CFR part 60, subpart I). facilities. (Renewal); EPA ICR Number 1081.13; Estimated number of respondents: Respondent’s obligation to respond: OMB Control Number 2060–0043; 4,955. Mandatory (40 CFR part 60, subpart Expiration date December 31, 2021. Frequency of response: Initially. HH). Respondents: Glass manufacturing Estimated annual burden: 8,547 Estimated number of respondents: 41. facilities. hours. Frequency of response: Semiannually. Respondent’s obligation to respond: Estimated annual cost: $2,620,000, Estimated annual burden: 3,820 Mandatory (40 CFR part 61, subpart N). includes no annualized capital or O&M hours. Estimated number of respondents: 16. costs. Estimated annual cost: $463,000, Frequency of response: Semiannually. Changes in estimates: There is a includes $61,500 annualized capital or Estimated annual burden: 3,100 projected increase in burden due to an O&M costs. hours. increase in the number of sources Changes in estimates: There is no Estimated annual cost: $382,000, subject to the regulation. change in burden from the previous ICR. includes $56,000 annualized capital or (7) Docket ID Number: EPA–HQ– (10) Docket ID Number: EPA–HQ– O&M costs. OAR–2020–0627; Standards of OAR–2020–0710; Emission Guidelines Changes in estimates: There is no Performance for Petroleum Refineries and Compliance Times for Other Solid change in burden from the previous ICR. (40 CFR part 60, subpart J) (Renewal); Waste Incineration Units That (13) Docket ID Number: EPA–HQ– EPA ICR Number 1054.14; OMB Control Commenced Construction On or Before OAR–2020–0634; National Emission Number 2060–0022; Expiration date December 9, 2004 (40 CFR part 60, Standards for Hazardous Air Pollutants December 31, 2021. subpart FFFF) (Renewal); EPA ICR From Secondary Lead Smelting (40 CFR Respondents: Petroleum refineries. Number 2164.07; OMB Control Number part 63, subpart X) (Renewal); EPA ICR Respondent’s obligation to respond: 2060–0562; Expiration date December Number 1686.12; OMB Control Number Mandatory (40 CFR part 60, subpart J). 31, 2021. 2060–0296; Expiration date December Estimated number of respondents: Respondents: Very small municipal 31, 2021. 149. waste combustion and institutional Respondents: Secondary lead Frequency of response: Semiannually. waste incineration facilities. smelting facilities. Estimated annual burden: 15,800 Respondent’s obligation to respond: Respondent’s obligation to respond: hours. Mandatory (40 CFR part 60, subpart Mandatory (40 CFR part 63, subpart X). Estimated annual cost: $2,500,000, FFFF). Estimated number of respondents: 12. includes $826,000 annualized capital or Estimated number of respondents: 99. Frequency of response: Semiannually O&M costs. Frequency of response: Initially, and annually. Changes in estimates: There is no semiannually, and annually. Estimated annual burden: 21,700 change in burden from the previous ICR. Estimated annual burden: 70,200 hours. (8) Docket ID Number: EPA–HQ– hours. Estimated annual cost: $2,630,000, OAR–2020–0629; Standards of Estimated annual cost: $8,190,000, includes $251,000 annualized capital or Performance for Primary Emissions from includes $495,000 annualized capital or O&M costs. Basic Oxygen Process Furnaces for O&M costs. Changes in estimates: There is no Which Construction is Commenced Changes in estimates: There is a change in burden from the previous ICR. After June 11, 1973; and Standards of projected increase in burden due to an (14) Docket ID Number: EPA–HQ– Performance for Secondary Emissions increase in the number of sources OAR–2020–0622; National Emission from Basic Oxygen Process Steelmaking subject to the regulation. Standards for Wood Furniture Facilities for Which Construction is (11) Docket ID Number: EPA–HQ– Manufacturing Operations (40 CFR part Commenced After January 20, 1983 (40 OAR–2020–0625; National Emission 63, subpart JJ) (Renewal); EPA ICR CFR part 60, subparts N and Na) Standard for Vinyl Chloride (40 CFR Number 1716.11; OMB Control Number (Renewal); EPA ICR Number 1069.13; part 61, subpart F) (Renewal); EPA ICR 2060–0324; Expiration date December OMB Control Number 2060–0029; Number 0186.15; OMB Control Number 31, 2021. Expiration date December 31, 2021. 2060–0071; Expiration date December Respondents: Wood furniture Respondents: Basic oxygen process 31, 2021. manufacturing facilities. steelmaking facilities. Respondents: Facilities that produce Respondent’s obligation to respond: Respondent’s obligation to respond: ethylene dichloride, vinyl chloride (VC), Mandatory (40 CFR part 63, subpart JJ) Mandatory (40 CFR part 60, subparts N and one or more polymers containing Estimated number of respondents: and Na). any fraction of polymerized VC. 856.

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Frequency of response: Initially, Respondents: Engine test cells/stand EPA ICR Number 1985.10; OMB Control quarterly, and semiannually. facilities. Number 2060–0478; Expiration date Estimated annual burden: 70,800 Respondent’s obligation to respond: February 28, 2022. hours. Mandatory (40 CFR part 63, subpart Respondents: Leather finishing Estimated annual cost: $7,780,000, PPPPP). facilities. includes $24,600 annualized capital or Estimated number of respondents: 19. Respondent’s obligation to respond: O&M costs. Frequency of response: Initially and Mandatory (40 CFR part 63, subpart Changes in estimates: There is no semiannually. TTTT). change in burden from the previous ICR. Estimated annual burden: 2,150 Estimated number of respondents: 4. (15) Docket ID Number: EPA–HQ– hours. Frequency of response: Annually. OAR–2020–0624; National Emission Estimated annual cost: $216,000, Estimated annual burden: 138 hours. Standards for Hazardous Air Pollutants includes $6,200 annualized capital or Estimated annual cost: $12,500, for Chemical Recovery Combustion O&M costs. includes no annualized capital or O&M Sources at Kraft, Soda, Sulfite, and Changes in estimates: There is a costs. Stand-Alone Semichemical Pulp Mills projected decrease in burden due to Changes in estimates: There is no (40 CFR part 63, subpart MM) anticipated shutdown of existing change in burden from the previous ICR. (Renewal); EPA ICR Number 1805.11; sources. (21) Docket ID Number: EPA–HQ– OMB Control Number 2060–0377; (18) Docket ID Number: EPA–HQ– OAR–2020–0643; Standards of Expiration date December 31, 2021. OAR–2020–0639; National Emission Performance for Municipal Waste Respondents: Kraft, soda, sulfite, and Standards for Hazardous Air Pollutants Combustors for Which Construction is stand-alone semichemical pulp mill for Friction Materials Manufacturing Commenced After December 20, 1989 facilities. Facilities (40 CFR part 63, subpart and On or Before September 20, 1994, Respondent’s obligation to respond: QQQQQ) (Renewal); EPA ICR Number and Standards of Performance for Large Mandatory (40 CFR part 63, subpart 2025.09; OMB Control Number 2060– Municipal Waste Combustors for Which MM). 0481; Expiration date December 31, Construction is Commenced After Estimated number of respondents: 2021. September 20, 1994 or for Which 107. Respondents: Friction materials Modification or Reconstruction is Frequency of response: Initially and manufacturing facilities. Commenced After June 19, 1996 (40 semiannually. Respondent’s obligation to respond: CFR part 60, subparts Ea and Eb) Estimated annual burden: 122,000 Mandatory (40 CFR part 63, subpart (Renewal); EPA ICR Number 1506.14; hours. QQQQQ). OMB Control Number 2060–0210; Estimated annual cost: $14,700,000, Estimated number of respondents: 2. Expiration date March 31, 2022. includes $831,000 annualized capital or Frequency of response: Semiannually. Respondents: Municipal waste O&M costs. Estimated annual burden: 659 hours. combustor facilities. Changes in estimates: There is a Estimated annual cost: $69,700, Respondent’s obligation to respond: projected increase in burden due to an includes $544 annualized capital or Mandatory (40 CFR part 60, subparts Ea increase in the number of sources O&M costs. and Eb). subject to the regulation. Changes in estimates: There is no Estimated number of respondents: 23. (16) Docket ID Number: EPA–HQ– change in burden from the previous ICR. Frequency of response: Initially, OAR–2020–0636; National Emission (19) Docket ID Number: EPA–HQ– quarterly, semiannually, and annually. Standards for Hazardous Air Pollutants OAR–2020–0641; National Emission Estimated annual burden: 34,900 for Primary Lead Smelting (40 CFR part Standards for Hazardous Air Pollutants hours. 63, subpart TTT) (Renewal); EPA ICR for Iron and Steel Foundries Area Estimated annual cost: $3,440,000, Number 1856.12; OMB Control Number Sources (40 CFR part 63, subpart includes $226,000 annualized capital or 2060–0414; Expiration date December ZZZZZ) (Renewal); EPA ICR Number O&M costs. 31, 2021. 2267.08; OMB Control Number 2060– Changes in estimates: There is a Respondents: Primary lead smelting 0605; Expiration date December 31, projected increase in burden due to an facilities. 2021. increase in the number of sources Respondent’s obligation to respond: Respondents: Iron and steel foundry subject to the regulation. Mandatory (40 CFR part 63, subpart area source facilities. (22) Docket ID Number: EPA–HQ– TTT). Respondent’s obligation to respond: OAR–2020–0657; Standards of Estimated number of respondents: 1. Mandatory (40 CFR part 63, subpart Performance for Kraft Pulp Mills (40 Frequency of response: Quarterly and ZZZZZ). CFR part 60, subpart BB) (Renewal); semiannually. Estimated number of respondents: EPA ICR Number 1055.13; OMB Control Estimated annual burden: 6,270 392. Number 2060–0021; Expiration date hours. Frequency of response: Semiannually March 31, 2022. Estimated annual cost: $855,000, and annually. Respondents: Kraft pulp mill includes $169,000 annualized capital or Estimated annual burden: 9,140 facilities. O&M costs. hours. Respondent’s obligation to respond: Changes in estimates: There is no Estimated annual cost: $1,000,000, Mandatory (40 CFR part 60, subpart BB). change in burden from the previous ICR. includes no annualized capital or O&M Estimated number of respondents: 97. (17) Docket ID Number: EPA–HQ– costs. Frequency of response: Semiannually. OAR–2020–0640; National Emission Changes in estimates: There is no Estimated annual burden: 13,900 Standards for Hazardous Air Pollutants change in burden from the previous ICR. hours. for Engine Test Cells/Stands (40 CFR (20) Docket ID Number: EPA–HQ– Estimated annual cost: $5,020,000, part 63, subpart PPPPP) (Renewal); EPA OAR–2020–0638; National Emission includes $3,510,000 annualized capital ICR Number 2066.10; OMB Control Standards for Hazardous Air Pollutants or O&M costs. Number 2060–0483; Expiration date for Leather Finishing Operations (40 Changes in estimates: There is no December 31, 2021. CFR part 63, subpart TTTT) (Renewal); change in burden from the previous ICR.

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(23) Docket ID Number: EPA–HQ– subpart OOO) (Renewal); EPA ICR Estimated annual cost: $11,200,000, OAR–2020–0626; Standards of Number 1084.15; OMB Control Number includes $10,000,000 annualized capital Performance for Surface Coating of 2060–0050; Expiration date March 31, or O&M costs. Metal Furniture (40 CFR part 60, 2022. Changes in estimates: There is no subpart EE) (Renewal); EPA ICR Number Respondents: Nonmetallic mineral change in burden from the previous ICR. 0649.14; OMB Control Number 2060– processing facilities. (29) Docket ID Number: EPA–HQ– 0106; Expiration date March 31, 2022. Respondent’s obligation to respond: OAR–2020–0665; Standards of Respondents: Metal furniture surface Mandatory (40 CFR part 60, subpart Performance for Other Solid Waste coating facilities. OOO). Incineration Units for Which Respondent’s obligation to respond: Estimated number of respondents: Construction is Commenced After Mandatory (40 CFR part 60, subpart EE). 5,095. December 9, 2004, or for Which Estimated number of respondents: Frequency of response: Initially and Modification or Reconstruction is 400. occasionally. Commenced On or After June 16, 2006 Frequency of response: Quarterly and Estimated annual burden: 20,200 (40 CFR part 60, subpart EEEE) semiannually. hours. (Renewal); EPA ICR Number 2163.08; Estimated annual burden: 56,500 Estimated annual cost: $2,450,000, OMB Control Number 2060–0563; hours. includes $228,000 annualized capital or Expiration date March 31, 2022. Estimated annual cost: $7,280,000, O&M costs. Respondents: Very small municipal includes $840,000 annualized capital or Changes in estimates: There is a waste combustion and institutional O&M costs. projected increase in burden due to an waste incineration facilities. Changes in estimates: There is no increase in the number of sources Respondent’s obligation to respond: change in burden from the previous ICR. subject to the regulation. Mandatory (40 CFR part 60, subpart (24) Docket ID Number: EPA–HQ– (27) Docket ID Number: EPA–HQ– EEEE). OAR–2020–0655; Standards of OAR–2020–0645; Standards of Estimated number of respondents: 55. Performance for Metallic Mineral Performance for Municipal Solid Waste Frequency of response: Initially, Processing Plants (40 CFR part 60, Landfills That Commenced semiannually, and annually. subpart LL) (Renewal); EPA ICR Number Construction, Reconstruction, or Estimated annual burden: 80,800 0982.13; OMB Control Number 2060– Modification On or After May 30, 1991, hours. 0016; Expiration date March 31, 2022. But Before July 18, 2014 (40 CFR part Estimated annual cost: $11,900,000, Respondents: Metallic mineral 60, subpart WWW) (Renewal); EPA ICR includes $2,720,000 annualized capital processing facilities. Number 1557.11; OMB Control Number or O&M costs. Respondent’s obligation to respond: 2060–0220; Expiration date March 31, Changes in estimates: There is a Mandatory (40 CFR part 60, subpart LL). 2022. projected decrease in burden due to a Estimated number of respondents: 20. Respondents: Municipal solid waste decrease in the number of sources Frequency of response: Initially and landfills. subject to the regulation. semiannually. Respondent’s obligation to respond: (30) Docket ID Number: EPA–HQ– Estimated annual burden: 2,330 Mandatory (40 CFR part 60, subpart OAR–2020–0669; Emissions Guidelines hours. WWW). and Compliance Times for Sewage Estimated annual cost: $268,000, Estimated number of respondents: Sludge Incineration Units (40 CFR part includes $13,000 annualized capital or 661. 60, subpart MMMM) (Renewal); EPA O&M costs. Frequency of response: Annually. ICR Number 2403.06; OMB Control Changes in estimates: There is no Estimated annual burden: 760 hours. Number 2060–0661; Expiration date change in burden from the previous ICR. Estimated annual cost: $86,600, March 31, 2022. (25) Docket ID Number: EPA–HQ– includes no annualized capital or O&M Respondents: Sewage sludge OAR–2020–0654; Standards of costs. incinerators. Performance for the Beverage Can Changes in estimates: There is a Respondent’s obligation to respond: Surface Coating Industry (40 CFR part projected decrease in burden due to Mandatory (40 CFR part 60, subpart 60, subpart WW) (Renewal); EPA ICR anticipated existing sources modifying MMMM). Number 0663.14; OMB Control Number and becoming subject to 40 CFR 60, Estimated number of respondents: 86. 2060–0001; Expiration date March 31, subpart XXX. Frequency of response: Semiannually 2022. (28) Docket ID Number: EPA–HQ– and annually. Respondents: Beverage can surface OAR–2020–0668; Emission Guidelines Estimated annual burden: 32,800 coating facilities. for Compliance Times for Commercial hours. Respondent’s obligation to respond: and Industrial Solid Waste Incineration Estimated annual cost: $4,790,000, Mandatory (40 CFR part 60, subpart Units (40 CFR part 60, subpart DDDD) includes $1,350,000 annualized capital WW). (Renewal); EPA ICR Number 2385.08; or O&M costs. Estimated number of respondents: 48. OMB Control Number 2060–0664; Changes in estimates: There is no Frequency of response: Semiannually. Expiration date March 31, 2022. change in burden from the previous ICR. Estimated annual burden: 5,190 Respondents: Commercial and (31) Docket ID Number: EPA–HQ– hours. industrial solid waste incineration OAR–2020–0653; Standards of Estimated annual cost: $669,000, facilities. Performance for Industrial Surface includes $101,000 annualized capital or Respondent’s obligation to respond: Coating: Large Appliances (40 CFR part O&M costs. Mandatory (40 CFR part 60, subpart 60, subpart SS) (Renewal); EPA ICR Changes in estimates: There is no DDDD). Number 0659.15; OMB Control Number change in burden from the previous ICR. Estimated number of respondents: 78. 2060–0108; Expiration date April 30, (26) Docket ID Number: EPA–HQ– Frequency of response: Semiannually 2022. OAR–2020–0660; Standards of and annually. Respondents: Facilities conducting Performance for Nonmetallic Mineral Estimated annual burden: 10,400 surface coating of large appliance Processing Plants (40 CFR part 60, hours. products.

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Respondent’s obligation to respond: or Modification Commenced after May Respondent’s obligation to respond: Mandatory (40 CFR part 60, subpart SS). 14, 2007 (40 CFR part 60, subpart Ja) Mandatory (40 CFR part 60, subpart Y). Estimated number of respondents: 72. (Renewal); EPA ICR Number 2263.07; Estimated number of respondents: Frequency of response: Quarterly and OMB Control Number 2060–0602; 757. semiannually. Expiration date May 31, 2022. Frequency of response: Semiannually. Estimated annual burden: 7,220 Respondents: Petroleum refineries. Estimated annual burden: 35,300 hours. Respondent’s obligation to respond: hours. Estimated annual cost: $830,000, Mandatory (40 CFR part 60, subpart Ja). Estimated annual cost: $4,090,000, includes $8,400 annualized capital or Estimated number of respondents: includes $65,600 annualized capital or O&M costs. 150. O&M costs. Changes in estimates: There is no Frequency of response: Initially and Changes in estimates: There is a change in burden from the previous ICR. semiannually. projected decrease in burden due to (32) Docket ID Number: EPA–HQ– Estimated annual burden: 355,000 anticipated shutdown of existing OAR–2020–0656; Standards of hours. sources. Performance for Petroleum Dry Cleaners Estimated annual cost: $143,000,000, (38) Docket ID Number: EPA–HQ– (40 CFR part 60, subpart JJJ) (Renewal); includes $102,000,000 annualized OAR–2020–0663; Standards of EPA ICR Number 0997.13; OMB Control capital or O&M costs. Performance for Synthetic Fiber Number 2060–0079; Expiration date Changes in estimates: There is no Production Facilities (40 CFR part 60, April 30, 2022. change in burden from the previous ICR. subpart HHH) (Renewal); EPA ICR Respondents: Petroleum dry cleaning (35) Docket ID Number: EPA–HQ– Number 1156.14; OMB Control Number facilities. OAR–2020–0662; Standards of 2060–0059; Expiration date May 31, Respondent’s obligation to respond: Performance for Secondary Lead 2022. Mandatory (40 CFR part 60, subpart JJJ). Smelters (40 CFR part 60, subpart L) Respondents: Synthetic fiber Estimated number of respondents: (Renewal); EPA ICR Number 1128.13; production facilities. 1,120. OMB Control Number 2060–0080; Respondent’s obligation to respond: Frequency of response: Initially. Expiration date May 31, 2022. Mandatory (40 CFR part 60, subpart Estimated annual burden: 1,850 Respondents: Secondary lead HHH). hours. smelting facilities. Estimated number of respondents: 22. Frequency of response: Quarterly and Estimated annual cost: $202,000, Respondent’s obligation to respond: includes no annualized capital or O&M semiannually. Mandatory (40 CFR part 60, subpart L). Estimated annual burden: 1,880 costs. Estimated number of respondents: 12. Changes in estimates: There is no hours. Frequency of response: Initially. Estimated annual cost: $380,000, change in burden from the previous ICR. Estimated annual burden: 32 hours. includes $165,000 annualized capital or (33) Docket ID Number: EPA–HQ– Estimated annual cost: $3,620, OAR–2020–0670; Standards of O&M costs. includes no annualized capital or O&M Changes in estimates: There is no Performance for Crude Oil and Natural costs. change in burden from the previous ICR. Gas Facilities for Which Construction, Changes in estimates: There is no (39) Docket ID Number: EPA–HQ– Modification, or Reconstruction change in burden from the previous ICR. OAR–2020–0661; Standards of Commenced After August 23, 2011, and (36) Docket ID Number: EPA–HQ– Performance for Industrial Surface On or Before September 18, 2015 (40 OAR–2020–0658; New Source Coating: Surface Coating of Plastic Parts CFR part 60, subpart OOOO) (Renewal); Performance Standards for the for Business Machines (40 CFR part 60, EPA ICR Number 2437.05; OMB Control Phosphate Fertilizer Industry (40 CFR subpart TTT) (Renewal); EPA ICR Number 2060–0673; Expiration date part 60, subparts T, U, V, W, and X) Number 1093.13; OMB Control Number April 30, 2022. (Renewal); EPA ICR Number 1061.15; 2060–0162; Expiration date May 31, Respondents: Oil and natural gas OMB Control Number 2060–0037; 2022. production, natural gas processing, Expiration date May 31, 2022. Respondents: Facilities conducting natural gas transmission, and natural Respondents: Phosphate fertilizer surface coating of plastic parts for gas distribution facilities. manufacturing facilities. business machines. Respondent’s obligation to respond: Respondent’s obligation to respond: Respondent’s obligation to respond: Mandatory (40 CFR part 60, subpart Mandatory (40 CFR part 60, subparts T, Mandatory (40 CFR part 60, subpart OOOO). U, V, W, and X). TTT). Estimated number of respondents: Estimated number of respondents: 13. Estimated number of respondents: 10. 532. Frequency of response: Semiannually. Frequency of response: Quarterly and Frequency of response: Semiannually Estimated annual burden: 1,390 semiannually. and annually. hours. Estimated annual burden: 992 hours. Estimated annual burden: 69,300 Estimated annual cost: $478,000, Estimated annual cost: $113,000, hours. includes $320,000 annualized capital or includes no annualized capital or O&M Estimated annual cost: $9,110,000, O&M costs. costs. includes $1,220,000 annualized capital Changes in estimates: There is no Changes in estimates: There is no or O&M costs. change in burden from the previous ICR. change in burden from the previous ICR. Changes in estimates: There is a (37) Docket ID Number: EPA–HQ– (40) Docket ID Number: EPA–HQ– projected decrease in burden due to OAR–2020–0659; Standards of OAR–2020–0664; Emission Guidelines anticipated shutdown or modification of Performance for Coal Preparation and and Compliance Times for Small existing sources, which would become Processing Plants (40 CFR part 60, Municipal Waste Combustion Units subject to 40 CFR 60, subpart OOOO. subpart Y) (Renewal); EPA ICR Number Constructed on or before August 30, (34) Docket ID Number: EPA–HQ– 1062.16; OMB Control Number 2060– 1999 (40 CFR part 60, subpart BBBB) OAR–2020–0667; Standards of 0122; Expiration date May 31, 2022. (Renewal); EPA ICR Number 1901.08; Performance for Petroleum Refineries Respondents: Coal preparation and OMB Control Number 2060–0424; for Which Construction, Reconstruction, processing facilities. Expiration date May 31, 2022.

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Respondents: Small municipal waste Modification Commenced After June 11, SUPPLEMENTARY INFORMATION: combustion facilities. 1973, and Prior to May 19, 1978 (40 CFR Title and Form Number: EIB 92–29 Respondent’s obligation to respond: part 60, subpart K) (Renewal); EPA ICR Export-Import Bank Report of Premiums Mandatory (40 CFR part 60, subpart Number 1797.09; OMB Control Number Payable for Exporters Only. BBBB). 2060–0442; Expiration date June 30, OMB Number: 3048–0017. Estimated number of respondents: 23. 2022. Type of Review: Regular. Frequency of response: Semiannually Respondents: Facilities that store Need and Use: The ‘‘Report of and annually. petroleum liquids in storage vessels Premiums Payable for Exporters Only’’ Estimated annual burden: 102,000 with a storage capacity greater than form is used by exporters to report and hours. 151,416 liters (40,000 gallons) but not pay premiums on insured shipments to Estimated annual cost: $11,500,000, exceeding 246,052 liters (65,000 various foreign buyers under the terms includes $1,040,000 annualized capital gallons). of the policy and to certify that or O&M costs. Respondent’s obligation to respond: premiums have been correctly Changes in estimates: There is no Mandatory (40 CFR part 60, subpart K). computed and remitted. Individual change in burden from the previous ICR. Estimated number of respondents: 69. transactions that an exporter may have (41) Docket ID Number: EPA–HQ– Frequency of response: Annually. with the same foreign borrower can be OAR–2020–0666; Standards of Estimated annual burden: 321 hours. sub-totaled and entered as a single line Performance for Stationary Compression Estimated annual cost: $36,500, item for the specific month provided the Ignition Internal Combustion Engines includes no annualized capital or O&M length of payment term is identical. The (40 CFR part 60, subpart IIII) (Renewal); costs. use of sub-totals reduces the EPA ICR Number 2196.07; OMB Control Changes in estimates: There is no administrative burden on the exporter. Number 2060–0590; Expiration date change in burden from the previous ICR. The ‘Report of Premiums Payable for May 31, 2022. Dated: January 20, 2021. Exporters Only’ is used by the Bank to Respondents: Stationary compression Penny Lassiter, determine the eligibility of the ignition internal combustion engine Director, Sector Policies and Programs shipment(s) and to calculate the facilities. Division. premium due to Ex-Im Bank for its Respondent’s obligation to respond: [FR Doc. 2021–02520 Filed 2–5–21; 8:45 am] support of the shipment(s) under its Mandatory (40 CFR part 60, subpart IIII). BILLING CODE 6560–50–P insurance program. Estimated number of respondents: Affected Public: This form affects 206,885. entities involved in the export of U.S. Frequency of response: Annually. EXPORT-IMPORT BANK goods and services. Estimated annual burden: 408,000 Annual Number of Respondents: hours. [Public Notice: 2021–6003] 2600. Estimated annual cost: $46,700,000, Estimated Time per Respondent: 15 includes $167,000 annualized capital or Agency Information Collection minutes. O&M costs. Activities: Comment Request Annual Burden Hours: 650 hours. Changes in estimates: There is a Frequency of Reporting or Use: projected increase in burden due to an AGENCY: Export-Import Bank of the Monthly. increase in the number of sources United States. Government Expenses: subject to the regulation. ACTION: Submission for OMB review and Reviewing Time per Year: 1,950 (42) Docket ID Number: EPA–HQ– comments request. hours. OAR–2020–0671; Standards of SUMMARY: The Export-Import Bank of Average Wages per Hour: $42.50. Performance for New Residential the United States (EXIM), as a part of its Average Cost per Year: $82,875. Hydronic Heaters and Forced-Air continuing effort to reduce paperwork Benefits and Overhead: 20%. Furnaces (40 CFR part 60, subpart and respondent burden, invites the Total Government Cost: $99,450. QQQQ) (Renewal); EPA ICR Number general public and other Federal 2442.04; OMB Control Number 2060– Agencies to comment on the proposed Bassam Doughman, 0693; Expiration date May 31, 2022. information collection, as required by IT Specialist. Respondents: Residential hydronic the Paperwork Reduction Act of 1995. [FR Doc. 2021–02541 Filed 2–5–21; 8:45 am] heater and forced-air furnace The collection provides EXIM staff with BILLING CODE 6690–01–P manufacturers, EPA-approved testing the information necessary to monitor laboratories, and third-party certifiers. the borrower’s payments for exported Respondent’s obligation to respond: goods covered under its short and FEDERAL TRADE COMMISSION Mandatory (40 CFR part 60, subpart medium-term export credit insurance QQQQ). policies. It also alerts EXIM staff of Agency Information Collection Estimated number of respondents: 50. defaults, so they can manage the Activities; Proposed Collection; Frequency of response: Annually. Comment Request; Extension Estimated annual burden: 4,270 portfolio in an informed manner. hours. DATES: Comments must be received on AGENCY: Federal Trade Commission. or before April 9, 2021 to be assured of Estimated annual cost: $4,770,000, ACTION: Notice. includes $4,280,000 annualized capital consideration. or O&M costs. ADDRESSES: Comments may be SUMMARY: In accordance with the Changes in estimates: There is no submitted electronically on Paperwork Reduction Act of 1995 change in burden from the previous ICR. WWW.REGULATIONS.GOV or by mail (PRA), the Federal Trade Commission (43) Docket ID Number: EPA–HQ– to Mia Johnson, Export-Import Bank of (FTC or Commission) is seeking public OAR–2020–0647; Standards of the United States, 811 Vermont Ave. comment on its proposal to extend for Performance for Storage Vessels for NW Washington, DC 20571. Form can an additional three years the Office of Petroleum Liquids for which be viewed at https://www.exim.gov/ Management and Budget (OMB) Construction, Reconstruction, or sites/default/files/forms/eib10-05.pdf. clearance for information collection

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requirements in the Commission’s rules Estimated annual cost burden: labor costs incurred to comply with the and regulations under the Wool $25,620,000 (solely relating to labor requirements. Staff believes that a Products Labeling Act of 1939 (Wool costs). significant portion of hours and labor Rules). That clearance expires on May Abstract: The Wool Products Labeling costs currently attributable to burden 31, 2021. Act of 1939 (Wool Act) prohibits the below are time and financial resources DATES: Comments must be received on misbranding of wool products. The usually and customarily incurred by or before April 9, 2021. Wool Rules establish disclosure persons in the course of their regular requirements that assist consumers in ADDRESSES: Interested parties may file a activity (e.g., industry participants comment online or on paper by making informed purchasing decisions already have and/or would have care following the instructions in the and recordkeeping requirements that labels regardless of the Rules) and could Request for Comments part of the assist the Commission in enforcing the be excluded from PRA-related burden.2 Rules. SUPPLEMENTARY INFORMATION section Estimated annual hours burden: As required by section 3506(c)(2)(A) below. Write ‘‘Wool Rules; PRA of the PRA, 44 U.S.C. 3506(c)(2)(A), the 1,880,000 hours (160,000 recordkeeping Comment: FTC File No. P072108’’ on FTC is providing this opportunity for hours + 1,720,000 disclosure hours). your comment, and file your comment public comment before requesting that Recordkeeping: Staff estimates that online at https://www.regulations.gov by OMB extend the existing clearance for approximately 4,000 wool firms are following the instructions on the web- the information collection requirements subject to the Wool Rules’ based form. If you prefer to file your contained in the Commission’s Wool recordkeeping requirements. Based on comment on paper, mail your comment Rules. an average annual burden of 40 hours to the following address: Federal Trade per firm, the total recordkeeping burden Commission, Office of the Secretary, Burden Statement is 160,000 hours. 600 Pennsylvania Avenue NW, Suite Staff’s burden estimates for the Wool CC–5610 (Annex J), Washington, DC Disclosure: Approximately 8,000 wool Rules are based on data from the firms, producing or importing about 20580, or deliver your comment to the Department of Commerce’s Bureau of following address: Federal Trade 600,000,000 wool products annually, the Census, the International Trade are subject to the Wool Rules’ disclosure Commission, Office of the Secretary, Commission, the Department of Labor’s Constitution Center, 400 7th Street SW, requirements. Staff estimates the burden Bureau of Labor Statistics (BLS), and of determining label content to be 30 5th Floor, Suite 5610 (Annex J), data or other input from the main hours per year per firm, or a total of Washington, DC 20024. industry association, the American 240,000 hours, and the burden of FOR FURTHER INFORMATION CONTACT: Apparel and Footwear Association Jock drafting and ordering labels to be 60 (AAFA), and from SICCode.com, which K. Chung, Attorney, Division of hours per firm per year, or a total of specializes in the business classification Enforcement, Bureau of Consumer 480,000 hours. Staff believes that the of SIC (Standard Industrial Protection, Federal Trade Commission, process of attaching labels is now fully Classification) and NAICS (North Mail Code CC–9528, 600 Pennsylvania automated and integrated into other American Industry Classification Ave. NW, Washington, DC 20580, (202) production steps for about 40 percent of System) codes for business 326–2984. all affected products. For the remaining identification, verification, and SUPPLEMENTARY INFORMATION: 360,000,000 items (60 percent of Title: Rules and Regulations under the targeting. The AAFA, a national trade association which represents U.S. 600,000,000), the process is semi- Wool Products Labeling Act of 1939, 16 automated and requires an average of CFR part 300. apparel, footwear and other sewn products companies and their suppliers, approximately ten seconds per item, for OMB Control Number: 3084–0100. a total of 1,000,000 hours per year. Type of Review: Extension of a has stated that ‘‘[t]he use of labels on Thus, the total estimated annual burden currently approved collection. textiles and apparels is beneficial to for all firms is 1,720,000 hours (240,000 Likely Respondents: Manufacturers, consumers, manufacturers, and business hours for determining label content + importers, processors and marketers of in general as it allows for the necessary 480,000 hours to draft and order labels wool products. flow of information along the supply Frequency of Response: Third party chain.’’ 1 The relevant information + 1,000,000 hours to attach labels). Staff disclosure; recordkeeping requirement. collection requirements in these rules believes that any additional burden Estimated annual hours burden: and staff’s corresponding burden associated with advertising disclosure 1,880,000 hours (160,000 recordkeeping estimates follow. The estimates address requirements would be minimal (less hours + 1,720,000 disclosure hours). the number of hours needed and the than 10,000 hours) and can be Recordkeeping: 160,000 hours [4,000 subsumed within the burden estimates wool firms incur an average 40 hours 1 Page one from comment by Kevin M. Burke, set forth above. per firm]. President and CEO, American Apparel & Footwear Estimated annual cost burden: Disclosure: 1,720,000 hours [240,000 Association, March 26, 2012, Advance Notice of $25,620,000, rounded to the nearest Proposed Rulemaking; Request for Public Comment; hours for determining label content + Rules and Regulations under the Wool Products thousand (solely relating to labor costs). 480,000 hours to draft and order labels Labeling Act of 1939; 77 FR 4498 (Jan. 30, 2012). The chart below summarizes the total + 1,000,000 hours to attach labels]. 2 5 CFR 1320.3(b)(2). estimated costs.

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Task Hourly rate Burden hours Labor cost

Determine label content ...... 3 $29.00 240,000 $6,960,000 Draft and order labels ...... 4 9.00 480,000 9,120,000 Attach labels ...... 5 6.50 1,000,000 6,500,000 Recordkeeping ...... 6 19.00 160,000 3,040,000

Total ...... 25,620,000

Staff believes that there are no current comments must be received on or before include any ‘‘trade secret or any start-up costs or other capital costs April 9, 2021. commercial or financial information associated with the Wool Rules. Because You can file a comment online or on which .... is privileged or the labeling of wool products has been paper. For the FTC to consider your confidential’’ —as provided by Section an integral part of the manufacturing comment, we must receive it on or 6(f) of the FTC Act, 15 U.S.C. 46(f), and process for decades, manufacturers have before April 9, 2021. Write ‘‘Wool Rules; FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2) in place the capital equipment PRA Comment: FTC File No. P072108’’ —including in particular competitively necessary to comply with the Rules. on your comment. Your comment— sensitive information such as costs, Based on knowledge of the industry, including your name and your state— sales statistics, inventories, formulas, staff believes that much of the will be placed on the public record of patterns, devices, manufacturing information required by the Wool Act this proceeding, including the https:// processes, or customer names. and Rules would be included on the www.regulations.gov website. Comments containing material for product label even absent their Due to the public health emergency in which confidential treatment is requirements. Similarly, recordkeeping response to the COVID–19 outbreak and requested must be filed in paper form, and advertising disclosures are tasks the agency’s heightened security must be clearly labeled ‘‘Confidential,’’ performed in the ordinary course of screening, postal mail addressed to the and must comply with FTC Rule 4.9(c). business so that covered firms would Commission will be subject to delay. We In particular, the written request for incur no additional capital or other non- encourage you to submit your comments confidential treatment that accompanies labor costs as a result of the Rules. online through the https:// the comment must include the factual www.regulations.gov website. and legal basis for the request, and must Request for Comments If you prefer to file your comment on identify the specific portions of the Pursuant to Section 3506(c)(2)(A) of paper, write ‘‘Wool Rules; PRA comment to be withheld from the public the PRA, the FTC invites comments on: Comment: FTC File No. P072108’’ on record. See FTC Rule 4.9(c). Your (1) Whether the proposed collection of your comment and on the envelope, and comment will be kept confidential only information is necessary for the proper mail your comment to the following if the General Counsel grants your performance of the functions of the address: Federal Trade Commission, request in accordance with the law and agency, including whether the Office of the Secretary, 600 the public interest. Once your comment information will have practical utility; Pennsylvania Avenue NW, Suite CC– has been posted publicly at (2) the accuracy of the agency’s estimate 5610 (Annex J), Washington, DC 20580; www.regulations.gov, we cannot redact of the burden of the proposed collection or deliver your comment to the or remove your comment unless you of information, including the validity of following address: Federal Trade submit a confidentiality request that the methodology and assumptions used; Commission, Office of the Secretary, meets the requirements for such (3) ways to enhance the quality, utility, Constitution Center, 400 7th Street SW, treatment under FTC Rule 4.9(c), and and clarity of the information to be 5th Floor, Suite 5610 (Annex J), the General Counsel grants that request. collected; and (4) ways to minimize the Washington, DC 20024. If possible, The FTC Act and other laws that the burden of maintaining records and submit your paper comment to the Commission administers permit the providing disclosures to consumers. All Commission by courier or overnight collection of public comments to service. consider and use in this proceeding, as 3 The wage rate for supervisors of office and Because your comment will become appropriate. The Commission will administrative support workers is based on data publicly available at https:// consider all timely and responsive through May 2019 from the Bureau of Labor Statistics Occupational Employment Statistics www.regulations.gov, you are solely public comments that it receives on or Survey at https://www.bls.gov/news.release/ responsible for making sure that your before April 9, 2021. For information on ocwage.htm (released on March 31, 2020). comment does not include any sensitive the Commission’s privacy policy, 4 The wage rate for correspondence clerks is or confidential information. In including routine uses permitted by the based on recent data from the Bureau of Labor Privacy Act, see https://www.ftc.gov/ Statistics Occupational Employment Statistics particular, your comment should not Survey at https://www.bls.gov/news.release/ include any sensitive personal site-information/privacy-policy. ocwage.htm. information, such as your or anyone Josephine Liu, 5 For imported products, the labels generally are else’s Social Security number; date of Assistant General Counsel for Legal Counsel. attached in the country where the products are birth; driver’s license number or other manufactured. According to information compiled [FR Doc. 2021–02471 Filed 2–5–21; 8:45 am] by an industry trade association using data from the state identification number, or foreign U.S. Department of Commerce, International Trade country equivalent; passport number; BILLING CODE 6750–01–P Administration and the U.S. Census Bureau, financial account number; or credit or approximately 97.5% of apparel used in the United debit card number. You are also solely States is imported. With the remaining 2.5% GOVERNMENT ACCOUNTABILITY attributable to U.S. production at an approximate responsible for making sure that your domestic hourly wage of $12 to attach labels, staff comment does not include any sensitive OFFICE has calculated a weighted average hourly wage of health information, such as medical $6.50 per hour attributable to U.S. and foreign labor System of Records combined. records or other individually 6 This estimate includes the wage rate for identifiable health information. In AGENCY: Government Accountability correspondence clerks. addition, your comment should not Office.

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HISTORY: use of appropriate automated, changing characteristics of, overdose 86 FR 8645, February 8, 2021. electronic, mechanical, or other from prescription drugs (with a special technological collection techniques or interest in opioid analgesics such as Terrell Dorn, other forms of information technology, oxycodone or methadone; Managing Director, Infrastructure Operations/ e.g., permitting electronic submission of benzodiazepines such as alprazolam) Chief Agency Privacy Officer Government responses; and and/or illicit drugs (e.g., heroin). CDC’s Accountability Office. (e) Assess information collection National Center for Injury Prevention [FR Doc. 2021–02554 Filed 2–4–21; 4:15 pm] costs. and Control (NCIPC) is frequently called BILLING CODE 1610–02–P To request additional information on upon to conduct DORIs at the request of the proposed project or to obtain a copy state or local health authorities seeking of the information collection plan and support to respond to urgent public DEPARTMENT OF HEALTH AND instruments, call (404) 639–7570. health problems resulting from drug HUMAN SERVICES Comments and recommendations for the use, misuse, addiction, and overdose. proposed information collection should Such requests are typically, but not Centers for Disease Control and be sent within 30 days of publication of always, made through the Epi-Aid Prevention this notice to www.reginfo.gov/public/ mechanism; in most investigations, [30 Day–21–1054] do/PRAMain Find this particular CDC’s epidemiological response entails information collection by selecting rapid and flexible collection of data that Agency Forms Undergoing Paperwork ‘‘Currently under 30-day Review—Open evolves during the investigation period. for Public Comments’’ or by using the Reduction Act Review Generic clearance is requested to search function. Direct written ensure that timely information is In accordance with the Paperwork comments and/or suggestions regarding collected during a DORI, which allows Reduction Act of 1995, the Centers for the items contained in this notice to the NCIPC to maintain critical mission Disease Control and Prevention (CDC) Attention: CDC Desk Officer, Office of function by working with state and local has submitted the information Management and Budget, 725 17th health authorities to protect the public’s collection request titled, ‘‘Drug Street NW, Washington, DC 20503 or by health. During an unanticipated rise in Overdose Response Investigation (DORI) fax to (202) 395–5806. Provide written nonfatal or fatal drug overdose where Data Collections’’ to the Office of comments within 30 days of notice the substances responsible for the health Management and Budget (OMB) for publication. review and approval. CDC previously event need to be identified, drivers and published a ‘‘Proposed Data Collection Proposed Project risk factors are undetermined, and/or subgroups at risk need to be identified, Submitted for Public Comment and Drug Overdose Response Investigation immediate action by CDC is necessary to Recommendations’’ notice on August (DORI) Data Collections (OMB Control minimize or prevent public harm. CDC 13,2020 to obtain comments from the No. 0920–1054, Exp. 03/31/2021)— must have the ability to rapidly deploy public and affected agencies. CDC did Extension—National Center for Injury data collection tools to understand the not receive comments related to the Prevention and Control (NCIPC), scope of the problem and determine previous notice. This notice serves to Centers for Disease Control and appropriate action. Procedures for each allow an additional 30 days for public Prevention (CDC). and affected agency comments. investigation, including specific data CDC will accept all comments for this Background and Brief Description collection plans, depend on the time proposed information collection project. In 2015, CDC received OMB approval and resources available, number of The Office of Management and Budget (OMB Control No. 0920–1054) for this persons involved, and other is particularly interested in comments Generic clearance for a three-year period circumstances unique to the urgent that: to collect information to response to conditions at hand. Data are collected (a) Evaluate whether the proposed urgent requests from state and local by epidemiologists, psychologists, collection of information is necessary health authorities to provide medical professionals, subject matter for the proper performance of the epidemiological information that allows experts, and biostatisticians. functions of the agency, including for the selection of interventions to curb Data collected during a DORI are used whether the information will have local epidemics of drug overdose. CDC to understand sudden increases in drug practical utility; seeks OMB approval for an Extension of use and misuse associated with fatal (b) Evaluate the accuracy of the this Generic clearance for a three-year and nonfatal overdoses, understand the agencies estimate of the burden of the period. drivers and risk factors associated with proposed collection of information, Drug Overdose Response those trends, and identify the groups including the validity of the Investigations (DORI) are to be most affected. This allows CDC to methodology and assumptions used; conducted in response to urgent effectively advise states on actions that (c) Enhance the quality, utility, and requests from state and local health could be taken to control the local clarity of the information to be authorities to provide epidemiological epidemic. During a DORI, data are collected; information that allows for the selection collected once, with the rare need for (d) Minimize the burden of the of interventions to curb local epidemics follow-up. The estimated annual burden collection of information on those who of drug overdose. Of particular interest hours are 2000, there are no costs to are to respond, including, through the is response to increasing trends in, or respondents other than their time.

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ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Type of respondent Form name respondents responses per response respondent (in hours)

Drug Overdose Response Investigation Participants DORI Data Collection Instruments ...... 4,000 1 30/60

Jeffrey M. Zirger, electronic, mechanical, or other A common recommendation is to Lead, Information Collection Review Office, technological collection techniques or promote household preparedness Office of Scientific Integrity, Office of Science, other forms of information technology, through the preparation of an Centers for Disease Control and Prevention. e.g., permitting electronic submission of emergency supply kit that can be used [FR Doc. 2021–02550 Filed 2–5–21; 8:45 am] responses; and to shelter-in-place or during evacuation. BILLING CODE 4163–18–P (e) Assess information collection Lack of household preparedness is a costs. public health concern, especially in To request additional information on medically frail populations, because it DEPARTMENT OF HEALTH AND the proposed project or to obtain a copy consumes first responders’ time, taking HUMAN SERVICES of the information collection plan and them away from relief and recovery instruments, call (404) 639–7570. efforts, and can easily deplete Centers for Disease Control and Comments and recommendations for the community health resources. The Prevention proposed information collection should Federal Emergency Management Agency [30Day–21–20QN] be sent within 30 days of publication of (FEMA) states that individuals or this notice to www.reginfo.gov/public/ households are prepared for a disaster if Agency Forms Undergoing Paperwork do/PRAMain Find this particular they have thought about and planned Reduction Act Review information collection by selecting for the types of disaster for which they In accordance with the Paperwork ‘‘Currently under 30-day Review—Open are at most risk, have developed a Reduction Act of 1995, the Centers for for Public Comments’’ or by using the family communication and evacuation Disease Control and Prevention (CDC) search function. Direct written plan in the event of a disaster, and have has submitted the information comments and/or suggestions regarding assembled a complete disaster collection request titled ‘‘Availability, the items contained in this notice to the (emergency) supply kit. However, the Use, and Public Health Impact of Attention: CDC Desk Officer, Office of prevalence of emergency supply kits Emergency Supply Kits among Disaster- Management and Budget, 725 17th across households in the United States Affected Populations’’ to the Office of Street NW, Washington, DC 20503 or by ranges considerably from a community- Management and Budget (OMB) for fax to (202) 395–5806. Provide written level low of 10% to a regional high of review and approval. CDC previously comments within 30 days of notice 68%. This lack and variation of published a ‘‘Proposed Data Collection publication. emergency supply kits across households makes household disaster Submitted for Public Comment and Proposed Project Recommendations’’ notice on August preparedness a public health concern. 28, 2020 to obtain comments from the Availability, Use, and Public Health Self-sufficiency (defined as the ability public and affected agencies. CDC Impact of Emergency Supply Kits to shelter-in-place without needing to among Disaster-Affected Populations— leave your home or call for outside received one comment related to the ∼ previous notice. This notice serves to New—National Center for assistance for 3 days following a allow an additional 30 days for public Environmental Health (NCEH), Centers disaster) can help reduce the demands and affected agency comments. for Disease Control and Prevention placed on first responders during CDC will accept all comments for this (CDC). critical times, which has downstream public health impacts. Among persons proposed information collection project. Background and Brief Description The Office of Management and Budget with an existing physical or mental is particularly interested in comments The National Center for health condition at the time of the that: Environmental Health (NCEH) is disaster, having an adequate supply of (a) Evaluate whether the proposed submitting a New Information prescription and over-the-counter collection of information is necessary Collection Request (ICR), for two-year medications and medical supplies for the proper performance of the approval. NCEH will conduct this cross- allows people to maintain treatment and functions of the agency, including sectional study among two disaster- prevent worsening or exacerbation of whether the information will have affected populations, at one site per their existing condition or illness. It also practical utility; year. NCEH will select geographic sites can reduce their need for emergency (b) Evaluate the accuracy of the (e.g., city, town, region) for inclusion in medical services following a disaster. agencies estimate of the burden of the the study after a disaster (e.g., hurricane, The FEMA definition of an emergency proposed collection of information, wildfire, flood, tornado) has occurred in supply kit is one that can sustain each including the validity of the the area. Parameters for site selection member of a household with food, methodology and assumptions used; include a major or state-level disaster water, and medication for up to three (c) Enhance the quality, utility, and declaration for a natural disaster that days. However, there are several clarity of the information to be affects a mid- to high-density area (e.g., knowledge gaps and challenges related collected; population of 100,000 people) within to emergency supply kit use and (d) Minimize the burden of the the United States. effectiveness, including whether the collection of information on those who An all-of-society approach to disaster current recommendations are adequate are to respond, including, through the risk reduction emphasizes inclusion and or need expansion. We identified the use of appropriate automated, engagement in preparedness activities. following gaps:

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• Lack of consistency for what supplies health conditions, it remains unclear defined geographic area impacted by the to include in an emergency supply kit: whether preparing an emergency disaster and given the choice to While the public can access supply kit with adequate medications complete the survey via paper (i.e., information on what contents are and medical supplies prevents the Teleform) or online via a web-based likely important to include in worsening of conditions or the need instrument. Survey participants will emergency supply kits, there is a lack for emergency medical services also be recruited using an existing, of information as to whether there is • Lack of data to support emergency nonprobability web panel and be a standard set of supplies that is supply kit recommendations: It is directed to the online, web-based consistently needed across disaster unclear whether having essential instrument to create a larger, more cost- types supplies improves self-sufficiency effective dataset. Focus group • Lack of a standard tool for evaluation and lessens the need for outside participants will be randomly selected of emergency supply kit use and assistance effectiveness among survey respondents and/or • Lack of information on how This general lack of research on the recruited via targeted social media (e.g., emergency supply kit items are used efficacy and use of emergency supply Facebook, Craigslist) to provide context during or following disasters: kits impedes our ability to make data- and enhancement to the survey. Currently we lack detailed driven recommendations regarding The estimated annualized burden is information on how households use emergency supply kit promotion. The 384 hours. The estimated burden is cross-sectional disaster survey and focus emergency supply kit items during or based on conducting the survey at one group(s) on the public’s knowledge, following disasters and what, if any, site per year, taking 15 minutes per preparedness, and use of emergency are barriers to their use respondent via the web or 30 minutes • Lack of information on effectiveness supply kits will identify and inform via paper survey, and up to two focus of emergency supply kits in public health officials about the most groups in each site taking approximately preventing adverse outcomes: To our useful items to include in an emergency knowledge, there is no information on supply kit, ideally across two different five minutes for the focus group whether the use of emergency supply types of disasters. screener and two hours for the focus items prevents adverse health Survey participants will be selected group. There is no cost to respondents outcomes. Among individuals with via address-based sampling in the other than their time.

ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Type of respondents Form name respondents responses per response respondent (in hours)

General public ...... Web survey ...... 667 1 15/60 Paper survey ...... 333 1 30/60 Focus group screener ...... 24 1 5/60 Focus group ...... 24 1 2

Jeffrey M. Zirger, for Public Comment and (d) Minimize the burden of the Lead, Information Collection Review Office, Recommendations’’ notice on June 5th, collection of information on those who Office of Scientific Integrity, Office of Science, 2020 to obtain comments from the are to respond, including, through the Centers for Disease Control and Prevention. public and affected agencies. CDC use of appropriate automated, [FR Doc. 2021–02549 Filed 2–5–21; 8:45 am] received two comments related to the electronic, mechanical, or other BILLING CODE 4163–18–P previous notice. This notice serves to technological collection techniques or allow an additional 30 days for public other forms of information technology, and affected agency comments. e.g., permitting electronic submission of DEPARTMENT OF HEALTH AND CDC will accept all comments for this responses; and HUMAN SERVICES proposed information collection project. (e) Assess information collection The Office of Management and Budget costs. Centers for Disease Control and To request additional information on Prevention is particularly interested in comments that: the proposed project or to obtain a copy of the information collection plan and [30 Day–21–20OS] (a) Evaluate whether the proposed instruments, call (404) 639–7570. collection of information is necessary Comments and recommendations for the Agency Forms Undergoing Paperwork for the proper performance of the Reduction Act Review proposed information collection should functions of the agency, including be sent within 30 days of publication of In accordance with the Paperwork whether the information will have this notice to www.reginfo.gov/public/ Reduction Act of 1995, the Centers for practical utility; do/PRAMain. Find this particular Disease Control and Prevention (CDC) (b) Evaluate the accuracy of the information collection by selecting has submitted the information agencies estimate of the burden of the ‘‘Currently under 30-day Review—Open collection request titled ‘‘COVID–19 proposed collection of information, for Public Comments’’ or by using the Pandemic Response, Laboratory Data including the validity of the search function. Direct written Reporting’’ to the Office of Management methodology and assumptions used; comments and/or suggestions regarding and Budget (OMB) for review and (c) Enhance the quality, utility, and the items contained in this notice to the approval. CDC previously published a clarity of the information to be Attention: CDC Desk Officer, Office of ‘‘Proposed Data Collection Submitted collected; Management and Budget, 725 17th

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Street NW, Washington, DC 20503 or by Background and Brief Description contribute to understanding disease fax to (202) 395–5806. Provide written Efforts are underway to ensure that incidence and trends: Initiating comments within 30 days of notice laboratory data—including diagnostic epidemiologic case investigations, publication. viral testing data and serologic testing assisting with contact tracing, assessing availability and use of testing resources, Proposed Project data—are comprehensive and readily available from laboratories and other and identifying supply chain issues for COVID–19 Pandemic Response, facilities providing testing, including reagents and other material. Laboratory Laboratory Data Reporting—New— point-of-care (POC) testing sites for the testing data, in conjunction with case National Center for Emerging and public health response to SARS-CoV–2 reports and other data, also provide vital Zoonotic Infectious Diseases (NCEZID), and COVID–19. guidance for mitigation and control activities. The total estimated Centers for Disease Control and Ensuring a rapid and thorough public health response to the COVID–19 annualized burden is 65,936 hours. Prevention (CDC). pandemic necessitates comprehensive There are no costs to respondents other laboratory testing data. These data than their time.

ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Type of respondents Form name respondents responses per response respondent (in hours)

State epidemiologist or CDC-provided CSV file or HL7 messages ...... 54 180 1 informatics staff. CDC-provided CSV file or HL7 messages (retrospective 54 1 4 data entry). IT professional ...... LIMS interface configuration ...... 7,000 1 8

Jeffrey M. Zirger, (a) Evaluate whether the proposed Management and Budget, 725 17th Lead, Information Collection Review Office, collection of information is necessary Street NW, Washington, DC 20503 or by Office of Scientific Integrity, Office of Science, for the proper performance of the fax to (202) 395–5806. Provide written Centers for Disease Control and Prevention. functions of the agency, including comments within 30 days of notice [FR Doc. 2021–02548 Filed 2–5–21; 8:45 am] whether the information will have publication. BILLING CODE 4163–18–P practical utility; (b) Evaluate the accuracy of the Proposed Project agencies estimate of the burden of the Medical Monitoring Project Facility DEPARTMENT OF HEALTH AND proposed collection of information, Survey—New—National Center for HIV/ HUMAN SERVICES including the validity of the AIDS, Viral Hepatitis, STD, and TB methodology and assumptions used; Prevention (NCHHSTP), Centers for Centers for Disease Control and (c) Enhance the quality, utility, and Disease Control and Prevention (CDC). Prevention clarity of the information to be Background and Brief Description [30 Day–21–20OM] collected; (d) Minimize the burden of the The Centers for Disease Control and Agency Forms Undergoing Paperwork collection of information on those who Prevention requests a one year approval Reduction Act Review are to respond, including, through the for a new information collection, use of appropriate automated, ‘‘Medical Monitoring Project (MMP) In accordance with the Paperwork electronic, mechanical, or other Facility Survey.’’ The primary objective Reduction Act of 1995, the Centers for technological collection techniques or of the MMP Facility Survey will be to Disease Control and Prevention (CDC) other forms of information technology, conduct a one-time survey of the has submitted the information e.g., permitting electronic submission of characteristics of HIV care facilities in collection request titled Medical responses; and order to collect information on the Monitoring Project Facility Survey to (e) Assess information collection nation’s existing HIV care infrastructure the Office of Management and Budget costs. and the capacity of facilities to (OMB) for review and approval. CDC To request additional information on implement the strategies of the U.S. previously published a ‘‘Proposed Data the proposed project or to obtain a copy Ending the HIV Epidemic federal Collection Submitted for Public of the information collection plan and initiative. CDC will also use the findings Comment and Recommendations’’ instruments, call (404) 639–7570. to guide national and local HIV notice on June 2, 2020 to obtain Comments and recommendations for the prevention and care efforts and identify comments from the public and affected proposed information collection should gaps as part of the Division of HIV/AIDS agencies. CDC received one comment be sent within 30 days of publication of Prevention’s Strategic Plan. Specifically, related to the previous notice. This this notice to www.reginfo.gov/public/ information is needed about the notice serves to allow an additional 30 do/PRAMain Find this particular capacity of care facilities to deliver care days for public and affected agency information collection by selecting and prevention services, provide HIV comments. ‘‘Currently under 30-day Review—Open prevention messaging, partner with CDC will accept all comments for this for Public Comments’’ or by using the public health programs, offer services proposed information collection project. search function. Direct written for HIV negative partners of HIV The Office of Management and Budget comments and/or suggestions regarding positive persons, engage and retain is particularly interested in comments the items contained in this notice to the patients, offer PrEP, medication-assisted that: Attention: CDC Desk Officer, Office of therapy (MAT), and substance use

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treatment/referrals, etc. Information on that comprehensively collects this respondents will help to improve facility location, key populations information. programs to prevent HIV infection as served, and workforce capacity is also The participation of respondents is well as services for those who already needed to identify areas in need of voluntary. There is no cost to the have HIV. The total estimated expanded support to deliver these respondents other than their time. annualized burden is 618 hours. services. There is no other data source Through their participation,

ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Type of respondents Form name respondents responses per response respondent (in hours)

Facility administrative staff ...... MMP Facility Survey ...... 1,200 1 30/60 Facility administrative staff ...... Short MMP Facility Survey ...... 225 1 5/60

Jeffrey M. Zirger, (c) Enhance the quality, utility, and public health practice. This research Lead, Information Collection Review Office, clarity of the information to be program is conducted by the Office of Scientific Integrity, Office of Science, collected; Environmental Health Specialists Centers for Disease Control and Prevention. (d) Minimize the burden of the Network (EHS-Net), a collaborative [FR Doc. 2021–02547 Filed 2–5–21; 8:45 am] collection of information on those who project of the CDC, U.S. Food and Drug BILLING CODE 4163–18–P are to respond, including, through the Administration (FDA), U.S. Department use of appropriate automated, of Agriculture (USDA), and eight state electronic, mechanical, or other and local public health programs DEPARTMENT OF HEALTH AND technological collection techniques or (Franklin County, OH; Tennessee; HUMAN SERVICES other forms of information technology, Minnesota; Rhode Island; New York; e.g., permitting electronic submission of New York City, NY; Southern Nevada Centers for Disease Control and responses; and Health District, NV; and Harris County, Prevention (e) Assess information collection TX). costs. This ICR aims to assess whether an [30Day–21–1227] To request additional information on educational intervention will result in the proposed project or to obtain a copy either the development or enhancement Agency Forms Undergoing Paperwork of the information collection plan and of restaurant ill worker policies. This Reduction Act Review instruments, call (404) 639–7570. will be accomplished by interviewing Comments and recommendations for the restaurant managers and observing In accordance with the Paperwork proposed information collection should restaurant practices in 320 randomly Reduction Act of 1995, the Centers for be sent within 30 days of publication of selected and assigned restaurants in the Disease Control and Prevention (CDC) this notice to www.reginfo.gov/public/ EHS-Net catchment areas. There will be has submitted the information do/PRAMain Find this particular two or three site visits depending upon collection request titled ‘‘Assessment of information collection by selecting which group the restaurants are Ill Worker Policies Study’’ to the Office ‘‘Currently under 30-day Review—Open assigned to, that is, the intervention or of Management and Budget (OMB) for for Public Comments’’ or by using the the control group. An initial visit will be review and approval. CDC previously search function. Direct written used to observe baseline conditions and published a ‘‘Proposed Data Collection comments and/or suggestions regarding to provide the intervention only to the Submitted for Public Comment and the items contained in this notice to the restaurants selected to receive it. A Recommendations’’ notice on Attention: CDC Desk Officer, Office of second visit will be used to determine September 14, 2020, to obtain comments Management and Budget, 725 17th if the policies have changed and to from the public and affected agencies. Street NW, Washington, DC 20503 or by introduce the intervention to the control CDC received one comment related to fax to (202) 395–5806. Provide written restaurants (if it is deemed successful), the previous notice. This notice serves comments within 30 days of notice and a final follow up visit to the control to allow an additional 30 days for public publication. and affected agency comments. restaurants that received the CDC will accept all comments for this Proposed Project intervention on the second visit (if they proposed information collection project. Assessment of Ill Worker Policies receive the intervention). Initial success The Office of Management and Budget Study (OMB Control No. 0920–1227, for the intervention will be measured by is particularly interested in comments Exp. 5/31/2021)—Revision—National whether three or more intervention that: Center for Environmental Health restaurants in each EHS-Net catchment (a) Evaluate whether the proposed (NCEH), Centers for Disease Control and area either develop a written ill worker collection of information is necessary Prevention (CDC). management plan (if they did not have for the proper performance of the one at the pre-intervention evaluation) functions of the agency, including Background and Brief Description or enhanced their policies (e.g., added whether the information will have The CDC is requesting a three-year provisions addressing reasons why ill practical utility; Paperwork Reduction Act (PRA) workers reported working while ill). (b) Evaluate the accuracy of the clearance for a Revision information Although approved in 2018, NCEH agencies estimate of the burden of the collection request (ICR) for a research and its program partners needed to proposed collection of information, program focused on identifying the prioritize other data collections over including the validity of the environmental causes of foodborne this study, and then delayed the current methodology and assumptions used; illness and improving environmental study due to the COVID–19 pandemic.

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NCEH partners provided feedback to study, based on recent experience and for a time burden of 261 hours per year. refine this research protocol, to revise stakeholder feedback; (2) changes to These changes result in a decrease of the ICR, and to begin this study in 2021. respond to the COVID–19 pandemic, 1,307 responses and 91 hours per year NCEH is requesting approval for and (3) a change in one participating relative to the 2018 PRA clearance. revisions which fall into three site. There is no cost to the respondents categories: (1) Changes to strengthen the NCEH is requesting a revised PRA other than their time. clearance for 820 responses per year and

ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Type of respondents Form name respondents responses per response respondent (in hours)

Restaurant Managers (Intervention and Control Manager Recruiting Script ...... 237 1 3/60 Restaurants). Restaurant Managers (Intervention Restaurants) ..... Manager Informed Consent and Inter- 53 2 20/60 view. Intervention Log ...... 53 1 30/60 Restaurant Managers (Control Restaurants) ...... Manager Informed Consent and Inter- 53 3 20/60 view. Intervention Log ...... 53 1 30/60 Health Department Workers (Intervention and Con- Restaurant Observation Form ...... 106 2 30/60 trol Restaurants).

Jeffrey M. Zirger, the agency’s functions, the accuracy of includes agency requests or Lead, Information Collection Review Office, the estimated burden, ways to enhance requirements that members of the public Office of Scientific Integrity, Office of Science, the quality, utility, and clarity of the submit reports, keep records, or provide Centers for Disease Control and Prevention. information to be collected, and the use information to a third party. Section [FR Doc. 2021–02551 Filed 2–5–21; 8:45 am] of automated collection techniques or 3506(c)(2)(A) of the PRA (44 U.S.C. BILLING CODE 4163–18–P other forms of information technology to 3506(c)(2)(A)) requires federal agencies minimize the information collection to publish a 30-day notice in the burden. Federal Register concerning each DEPARTMENT OF HEALTH AND proposed collection of information, HUMAN SERVICES DATES: Comments on the collection(s) of information must be received by the including each proposed extension or reinstatement of an existing collection Centers for Medicare & Medicaid OMB desk officer by March 10, 2021. of information, before submitting the Services ADDRESSES: Written comments and collection to OMB for approval. To recommendations for the proposed [Document Identifier: CMS–R–148] comply with this requirement, CMS is information collection should be sent publishing this notice that summarizes Agency Information Collection within 30 days of publication of this the following proposed collection(s) of Activities: Submission for OMB notice to www.reginfo.gov/public/do/ information for public comment: PRAMain. Find this particular Review; Comment Request 1. Type of Information Collection information collection by selecting Request: Extension of a currently AGENCY: Centers for Medicare & ‘‘Currently under 30-day Review—Open approved collection; Title of Medicaid Services, Health and Human for Public Comments’’ or by using the Information Collection: Limitations on Services (HHS). search function. Provider Related Donations and Health ACTION: Notice. To obtain copies of a supporting Care Related Taxes, Medicaid and statement and any related forms for the SUMMARY: The Centers for Medicare & Supporting Regulations in 42 CFR proposed collection(s) summarized in Medicaid Services (CMS) is announcing 433.68 through 433.74; Use: States may this notice, you may make your request an opportunity for the public to elect to submit a waiver to CMS for the using one of following: comment on CMS’ intention to collect 1. Access CMS’ website address at: broad based and/or uniformity information from the public. Under the https://www.cms.gov/Regulations-and- requirements for any health care related Paperwork Reduction Act of 1995 Guidance/Legislation/ tax program which does not conform to (PRA), federal agencies are required to PaperworkReductionActof1995/PRA- the broad based and uniformity publish notice in the Federal Register Listing.html. requirements. It is also the concerning each proposed collection of responsibility of each State to information, including each proposed FOR FURTHER INFORMATION CONTACT: demonstrate that their tax program(s) do extension or reinstatement of an existing William Parham at (410) 786–4669. not violate the hold harmless provision. collection of information, and to allow SUPPLEMENTARY INFORMATION: Under the For a waiver to be approved and a a second opportunity for public Paperwork Reduction Act of 1995 (PRA) determination that the hold harmless comment on the notice. Interested (44 U.S.C. 3501–3520), federal agencies provision is not violated, States must persons are invited to send comments must obtain approval from the Office of submit written documentation which regarding the burden estimate or any Management and Budget (OMB) for each satisfies the regulatory requirements. other aspect of this collection of collection of information they conduct Without this information, the amount of information, including the necessity and or sponsor. The term ‘‘collection of FFP (Federal financial participation) utility of the proposed information information’’ is defined in 44 U.S.C. payable to a State cannot be correctly collection for the proper performance of 3502(3) and 5 CFR 1320.3(c) and determined. Form Number: CMS–R–148

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(OMB control number: 0938–0618); Place: National Institutes of Health, The meeting will be closed to the Frequency: Quarterly and occasionally; National Institute on Drug Abuse, 301 North public in accordance with the Affected Public: State, Local, or Tribal Stonestreet Avenue, Bethesda, MD 20892 provisions set forth in sections Governments; Number of Respondents: (Virtual Meeting). 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 50; Total Annual Responses: 40; Total Contact Person: Gerald L. McLaughlin, Ph.D., Scientific Review Officer, Office of as amended. The grant applications and Annual Hours: 3,200. (For policy Extramural Policy and Review, National the discussions could disclose questions regarding this collection Institute on Drug Abuse, NIH, 301 North confidential trade secrets or commercial contact Stuart Goldstein at 410–786– Stonestreet Avenue, MSC 6021, Bethesda, property such as patentable material, 0694.) MD 20892 (301) 827–5819 [email protected]. and personal information concerning Dated: February 3, 2021. (Catalogue of Federal Domestic Assistance individuals associated with the grant William N. Parham, III, Program Nos. 93.277, Drug Abuse Scientist applications, the disclosure of which Development Award for Clinicians, Scientist Director, Paperwork Reduction Staff, Office would constitute a clearly unwarranted Development Awards, and Research Scientist of Strategic Operations and Regulatory invasion of personal privacy. Awards; 93.278, Drug Abuse National Affairs. Research Service Awards for Research Name of Committee: National Institute of [FR Doc. 2021–02524 Filed 2–5–21; 8:45 am] Training; 93.279, Drug Abuse and Addiction Neurological Disorders and Stroke Initial BILLING CODE 4120–01–P Research Programs, National Institutes of Review Group; Neurological Sciences and Health, HHS) Disorders C Translational Neural, Brain, and Pain Relief Devices. Dated: February 2, 2021. DEPARTMENT OF HEALTH AND Date: March 1–2, 2021. HUMAN SERVICES Tyeshia M. Roberson, Time: 9:00 a.m. to 6:00 p.m. Program Analyst, Office of Federal Advisory Agenda: To review and evaluate National Institutes of Health Committee Policy. cooperative agreement applications. Place: National Institutes of Health, [FR Doc. 2021–02495 Filed 2–5–21; 8:45 am] Neuroscience Center, 6001 Executive National Institute on Drug Abuse; BILLING CODE 4140–01–P Notice of Closed Meetings Boulevard, Rockville, MD 20852 (Virtual Meeting). Pursuant to section 10(d) of the Contact Person: Diana M. Cummings, DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as Ph.D., Scientific Review Officer, Scientific HUMAN SERVICES amended, notice is hereby given of the Review Branch, National Institute of following meetings. Neurological Disorders and Stroke, NIH, National Institutes of Health NSC, 6001 Executive Blvd., Suite 3208, The meetings will be closed to the Rockville, MD 20852, cummingsdi@ public in accordance with the Center for Scientific Review; Amended ninds.nih.gov. provisions set forth in sections Notice of Meeting (Catalogue of Federal Domestic Assistance 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Program Nos. 93.853, Clinical Research as amended. The grant applications and Notice is hereby given of a change in Related to Neurological Disorders; 93.854, the discussions could disclose the meeting of the Integrative and Biological Basis Research in the confidential trade secrets or commercial Clinical Endocrinology and Neurosciences, National Institutes of Health, property such as patentable material, Reproduction Study Section, February HHS) and personal information concerning 18, 2021, 09:00 a.m. to February 19, Dated: February 2, 2021. individuals associated with the grant 2021, 07:00 p.m., National Institutes of Tyeshia M. Roberson, applications, the disclosure of which Health, Rockledge II, 6701 Rockledge Program Analyst, Office of Federal Advisory would constitute a clearly unwarranted Drive, Bethesda, MD 20892 which was Committee Policy. invasion of personal privacy. published in the Federal Register on [FR Doc. 2021–02496 Filed 2–5–21; 8:45 am] January 22, 2021, 86 FR 6659. Name of Committee: National Institute on BILLING CODE 4140–01–P Drug Abuse Special Emphasis Panel; Device- This notice is being amended to Based Treatments for Substance Use change the meeting date from 2/18/ Disorders (UG3/UH3, Clinical Trial 2021—2/19/2021 to 2/18/2021. The DEPARTMENT OF HEALTH AND Optional). Date: February 26, 2021. meeting is closed to the public. HUMAN SERVICES Time: 12:30 p.m. to 5:00 p.m. Dated: February 2, 2021. National Institutes of Health Agenda: To review and evaluate grant Tyeshia M. Roberson, applications. Program Analyst, Office of Federal Advisory Place: National Institutes of Health, Center for Scientific Review; Notice of Committee Policy. National Institute on Drug Abuse, 301 North Closed Meetings Stonestreet Avenue, Bethesda, MD 20892 [FR Doc. 2021–02492 Filed 2–5–21; 8:45 am] (Virtual Meeting). BILLING CODE 4140–01–P Pursuant to section 10(d) of the Contact Person: Ivan K. Navarro, Ph.D., Federal Advisory Committee Act, as Scientific Review Officer, Office of amended, notice is hereby given of the Extramural Policy and Review, Division of DEPARTMENT OF HEALTH AND following meetings. Extramural Research, National Institute on HUMAN SERVICES Drug Abuse, NIH, 301 North Stonestreet The meetings will be closed to the Avenue, MSC 6021, Bethesda, MD 20892, National Institutes of Health public in accordance with the (301) 827–5833, [email protected]. provisions set forth in sections Name of Committee: National Institute on National Institute of Neurological 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Drug Abuse Special Emphasis Panel; Disorders and Stroke; Notice of Closed as amended. The grant applications and Advancing HIV/AIDS Research through Meeting the discussions could disclose Computational Neuroscience FOA (R01— confidential trade secrets or commercial Clinical Trial Optional). Date: March 3, 2021. Pursuant to section 10(d) of the property such as patentable material, Time: 9:00 a.m. to 5:00 p.m. Federal Advisory Committee Act, as and personal information concerning Agenda: To review and evaluate grant amended, notice is hereby given of the individuals associated with the grant applications. following meeting. applications, the disclosure of which

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would constitute a clearly unwarranted Place: National Institutes of Health, Name of Committee: Center for Scientific invasion of personal privacy. Rockledge II, 6701 Rockledge Drive, Review Special Emphasis Panel; Bethesda, MD 20892 (Virtual Meeting). Fellowships: Sensory and Motor Name of Committee: Center for Scientific Contact Person: Methode Bacanamwo, Neuroscience, Cognition and Perception Review Special Emphasis Panel; IRAP: Ph.D., Scientific Review Officer, Center for Date: March 4–5, 2021. Infectious Disease Epidemiology. Scientific Review, National Institutes of Time: 9:30 a.m. to 7:30 p.m. Date: March 2–3, 2021. Health, 6701 Rockledge Drive, Room 2200 Agenda: To review and evaluate grant Time: 9:00 a.m. to 6:00 p.m. Bethesda, MD 20892, 301–827–7088, applications. Agenda: To review and evaluate grant [email protected]. Place: National Institutes of Health, applications. Name of Committee: Center for Scientific Rockledge II, 6701 Rockledge Drive, Place: National Institutes of Health, Review Special Emphasis Panel; Therapeutic Bethesda, MD 20892 (Virtual Meeting). Rockledge II, 6701 Rockledge Drive, Development and Preclinical Studies. Contact Person: Cibu P. Thomas, Ph.D., Bethesda, MD 20892 (Virtual Meeting). Date: March 4–5, 2021. Scientific Review Officer, Center for Contact Person: Lisa Steele, Ph.D., Time: 9:00 a.m. to 7:00 p.m. Scientific Review, National Institutes of Scientific Review Officer, PSE IRG, Center for Health, Bethesda, MD 20894 (301) 402–4341, Scientific Review, National Institutes of Agenda: To review and evaluate grant [email protected]. Health, 6701 Rockledge Drive, Room 3139, applications. MSC 7770, Bethesda, MD 20892, 301–594– Place: National Institutes of Health, Name of Committee: Center for Scientific 6594, [email protected]. Rockledge II, 6701 Rockledge Drive, Review Special Emphasis Panel; PAR Panel: Bethesda, MD 20892 (Virtual Meeting). CounterACT—Countermeasures Against Name of Committee: Center for Scientific Contact Person: Richard D. Schneiderman, Chemical Threats (CounterACT) Research Review Special Emphasis Panel; PAR Panel: Ph.D., Scientific Review Officer, Center for Centers of Excellence. CounterACT—Countermeasures against Scientific Review, National Institutes of Date: March 4–5, 2021. Chemical Threats. Health, 6701 Rockledge Drive, Room 4138, Time: 10:00 a.m. to 6:30 p.m. Date: March 3, 2021. Bethesda, MD 20817, 301–402–3995, Agenda: To review and evaluate grant Time: 10:00 a.m. to 7:00 p.m. [email protected]. Agenda: To review and evaluate grant applications. applications. Name of Committee: Center for Scientific Place: National Institutes of Health, Place: National Institutes of Health, Review Special Emphasis Panel; Rockledge II, 6701 Rockledge Drive, Rockledge II, 6701 Rockledge Drive, Organization and Delivery of Health Services. Bethesda, MD 20892 (Virtual Meeting). Bethesda, MD 20892 (Virtual Meeting). Date: March 4, 2021. Contact Person: Geoffrey G. Schofield, Contact Person: Geoffrey G. Schofield, Time: 9:00 a.m. to 5:00 p.m. Ph.D., Scientific Review Officer, Center for Ph.D., Scientific Review Officer, Center for Agenda: To review and evaluate grant Scientific Review, National Institutes of Scientific Review, National Institutes of applications. Health, 6701 Rockledge Drive, Room 4040–A, Health, 6701 Rockledge Drive, Room 4040–A, Place: National Institutes of Health, MSC 7850, Bethesda, MD 20892, 301–435– MSC 7850, Bethesda, MD 20892, 301–435– Rockledge II, 6701 Rockledge Drive, 1235, [email protected]. 1235, [email protected]. Bethesda, MD 20892 (Virtual Meeting). (Catalogue of Federal Domestic Assistance Name of Committee: Center for Scientific Contact Person: Jessica Bellinger, Ph.D., Program Nos. 93.306, Comparative Medicine; Review Special Emphasis Panel; PAR Panel: Scientific Review Administrator, Center for 93.333, Clinical Research, 93.306, 93.333, Academic Industrial Partnerships for Scientific of Review, National Institutes of 93.337, 93.393–93.396, 93.837–93.844, Translation of Medical Technologies. Health, 6701 Rockledge Drive, Room 3158 93.846–93.878, 93.892, 93.893, National Date: March 4–5, 2021. Bethesda, MD 20892, 301–827–4446, Institutes of Health, HHS) [email protected]. Time: 8:30 a.m. to 4:30 p.m. Dated: February 2, 2021. Name of Committee: Center for Scientific Agenda: To review and evaluate grant Tyeshia M. Roberson, applications. Review Special Emphasis Panel; Place: National Institutes of Health, Fellowships: Neurodevelopment, Synaptic Program Analyst, Office of Federal Advisory Rockledge II, 6701 Rockledge Drive, Plasticity and Neurodegeneration. Committee Policy. Bethesda, MD 20892 (Virtual Meeting). Date: March 4–5, 2021. [FR Doc. 2021–02491 Filed 2–5–21; 8:45 am] Contact Person: Guo Feng Xu, Ph.D., Time: 9:00 a.m. to 5:00 p.m. BILLING CODE 4140–01–P Scientific Review Officer, Center for Agenda: To review and evaluate grant Scientific Review, National Institutes of applications. Health, 6701 Rockledge Drive, Room 5122, Place: National Institutes of Health, MSC 7854, Bethesda, MD 20892, (301) 237– Rockledge II, 6701 Rockledge Drive, DEPARTMENT OF HOUSING AND 9870, [email protected]. Bethesda, MD 20892 (Virtual Meeting). URBAN DEVELOPMENT Name of Committee: Center for Scientific Contact Person: Tina Tze-Tsang Tang, [Docket No. FR–7038–N–01] Review Special Emphasis Panel; Renal/ Ph.D., Scientific Review Officer, Center for Urological Small Business Activities. Scientific Review, National Institutes of Date: March 4, 2021. Health, 6701 Rockledge Drive, Suite 3030, 60-Day Notice of Proposed Information Time: 9:00 a.m. to 6:00 p.m. Bethesda, MD 20817, (301) 435–4436, tangt@ Collection: Application for Roster Agenda: To review and evaluate grant mail.nih.gov. Personnel (Appraisers) Designation applications. Name of Committee: Center for Scientific and Appraisal Reports Place: National Institutes of Health, Review Special Emphasis Panel; PAR Panel: Rockledge II, 6701 Rockledge Drive, Topics in Instrumentation and Systems AGENCY: Office of the Assistant Bethesda, MD 20892 (Virtual Meeting). Development. Secretary for Housing—Federal Housing Contact Person: Santanu Banerjee, Ph.D., Date: March 4, 2021. Commissioner, HUD. Scientific Review Officer, Center for Time: 9:30 a.m. to 6:30 p.m. ACTION: Notice. Scientific Review, National Institute of Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 2106, applications. SUMMARY: The Department of Housing Bethesda, MD 20892, (301) 435–5947, Place: National Institutes of Health, and Urban Development (HUD) is [email protected]. Rockledge II, 6701 Rockledge Drive, seeking approval from the Office of Name of Committee: Center for Scientific Bethesda, MD 20892 (Virtual Meeting). Management and Budget (OMB) for the Review Special Emphasis Panel; PAR Panel: Contact Person: Kee Forbes, Ph.D., Novel Genomic Technology Development. Scientific Review Officer, Center for information collection described below. Date: March 4, 2021. Scientific Review, National Institutes of In accordance with the Paperwork Time: 9:00 a.m. to 5:00 p.m. Health, 6701 Rockledge Drive, Room 5148, Reduction Act, HUD is requesting Agenda: To review and evaluate grant MSC 7806, Bethesda, MD 20892, 301–272– comment from all interested parties on applications. 4865, [email protected]. the proposed collection of information.

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The purpose of this notice is to allow for acceptable for FHA insurance and INTERNATIONAL TRADE 60 days of public comment. thereby protect the interest of HUD, the COMMISSION DATES taxpayers, and the FHA insurance fund. : Comments Due Date: April 9, [Investigation No. 337–TA–1245] 2021. The collection allows HUD to maintain ADDRESSES: Interested persons are an effective appraisal program with the Certain Electronic Devices With invited to submit comments regarding ability to discipline appraisers and Wireless Connectivity, Components this proposal. Comments should refer to inform potential homeowners of the Thereof, and Products Containing the proposal by name and/or OMB benefits of purchasing an independent Same; Institution of Investigation Control Number and should be sent to: home inspection. AGENCY: U.S. International Trade Colette Pollard, Reports Management Respondents: Business or other for Commission. Officer, QDAM, Department of Housing profit. and Urban Development, 451 7th Street ACTION: Notice. Estimated Number of Respondents: SW, Room 4176, Washington, DC 22,345. SUMMARY: Notice is hereby given that a 20410–5000; telephone 202–402–3400 complaint was filed with the U.S. Estimated Number of Responses: (this is not a toll-free number) or email International Trade Commission on at [email protected] for a copy of 495,676. January 4, 2021, under section 337 of the proposed forms or other available Frequency of Response: On occasion. the Tariff Act of 1930, as amended, on information. Persons with hearing or Average Hours per Response: .56. behalf of Ericsson Inc. of Plano, Texas; speech impairments may access this Telefonaktiebolaget LM Ericsson of Total Estimated Burdens: $843,541. number through TTY by calling the toll- Sweden; and Ericsson AB of Sweden. free Federal Relay Service at (800) 877– B. Solicitation of Public Comment Supplements were filed on January 5, 8, 8339. 12, 14, 21, and 27, 2021. The complaint, FOR FURTHER INFORMATION CONTACT: This notice is soliciting comments as supplemented, alleges violations of Colette Pollard, Reports Management from members of the public and affected section 337 based upon the importation Officer, QDAM, Department of Housing parties concerning the collection of into the United States, the sale for and Urban Development, 451 7th Street information described in Section A on importation, and the sale within the SW, Room 4176, Washington, DC the following: (1) Whether the proposed United States after importation of 20410–5000; telephone 202–402–3400 collection of information is necessary certain electronic devices with wireless (this is not a toll-free number) or email for the proper performance of the connectivity, components thereof, and at [email protected]. This is not functions of the agency, including products containing same by reason of a toll-free number. Persons with hearing whether the information will have infringement of certain claims of U.S. or speech impairments may access this practical utility; (2) The accuracy of the Patent No. 7,151,430 (‘‘the ’430 patent’’); number through TTY by calling the toll- agency’s estimate of the burden of the U.S. Patent No. 6,879,849 (‘‘the ’849 free Federal Relay Service at (800) 877– proposed collection of information; (3) patent’’); U.S. Patent No. 7,286,823 (‘‘the 8339. ’823 patent’’); and U.S. Patent No. Copies of available documents Ways to enhance the quality, utility, and clarity of the information to be 9,313,178 (‘‘the ’178 patent’’). The submitted to OMB may be obtained complaint further alleges that an from Ms. Pollard. collected; and (4) Ways to minimize the burden of the collection of information industry in the United States exists as SUPPLEMENTARY INFORMATION: This required by the applicable Federal on those who are to respond; including notice informs the public that HUD is Statute. through the use of appropriate seeking approval from OMB for the The complainants request that the information collection described in automated collection techniques or Commission institute an investigation Section A. other forms of information technology, and, after the investigation, issue a e.g., permitting electronic submission of A. Overview of Information Collection limited exclusion order and cease and responses. desist orders. Title of Information Collection: HUD encourages interested parties to ADDRESSES: The complaint, except for Application for Fee or Roster Personnel submit comment in response to these any confidential information contained (Appraisers). Designation and Appraisal questions. therein, may be viewed on the Reports. OMB Approval Number: 2502–0538. Authority: Section 3507 of the Paperwork Commission’s electronic docket (EDIS) Type of Request: Extension. Reduction Act of 1995, 44 U.S.C. Chapter 35. at https://edis.usitc.gov. For help accessing EDIS, please email Form Number: HUD 92563–A, HUD Acting Assistant Secretary for 92564–CN, Fannie Mae Forms: 1004, [email protected]. Hearing impaired Housing—Federal Housing individuals are advised that information 1004C, 1004D, 1004MC, 1025, and 1073. Commissioner, Janet M. Golrick, having Description of the need for the on this matter can be obtained by reviewed and approved this document, information and proposed use: Accurate contacting the Commission’s TDD is delegating the authority to and thorough Appraisal reporting is terminal on (202) 205–1810. Persons critical to the accuracy of underwriting electronically sign this document to with mobility impairments who will for the mortgage insurance process. The submitter, Nacheshia Foxx, who is the need special assistance in gaining access need for accuracy is increased for a Federal Register Liaison for HUD, for to the Commission should contact the Federal Housing Administration (FHA) purposes of publication in the Federal Office of the Secretary at (202) 205– insured mortgage since buyers tend to Register. 2000. General information concerning the Commission may also be obtained have more limited income and lower Nacheshia Foxx, equity in the properties. This collection by accessing its internet server at Federal Liaison for the Department of Housing of information provides a more https://www.usitc.gov. and Urban Development. thorough and complete appraisal of FOR FURTHER INFORMATION CONTACT: prospective HUD-insured single-family [FR Doc. 2021–02542 Filed 2–5–21; 8:45 am] Katherine Hiner, Office of the Secretary, properties ensuring that mortgages are BILLING CODE 4210–67–P Docket Services Division, U.S.

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International Trade Commission, Industrial Zone, Do´ng Tie´n, Pho Yen DEPARTMENT OF JUSTICE telephone (202) 205–1802. District, Thai Nguyen Province, Thai SUPPLEMENTARY INFORMATION: Nguyen 250000, Vietnam Notice of Lodging of Proposed Authority: The authority for Consent Decree Under the Samsung Electronics Vietnam Co., Ltd., Comprehensive Environmental institution of this investigation is 1 Industrial Park, Commune, Yen contained in section 337 of the Tariff Response, Compensation, and Liability Trung, Yen Phong District, Bac Ninh Act Act of 1930, as amended, 19 U.S.C. Province 16000, Vietnam 1337, and in section 210.10 of the On January, 29, 2021, the United Samsung Electronics HCMC CE Commission’s Rules of Practice and States lodged a proposed consent decree Complex, Co., Ltd., Lot I–11, D2 Road, Procedure, 19 CFR 210.10 (2020). with the United States District Court for Scope of Investigation: Having Saigon Hi-Tech Park, Tang Nhon Phu the Northern District of Illinois in the considered the complaint, the U.S. B Ward, District 9, Ho Chi Minh City lawsuit entitled United States v. Chains International Trade Commission, on 700000, Vietnam and Links, Inc. et al., Case No. 3:18–cv– February 2, 2021, ordered that— (4) For the investigation so instituted, 50268 (N.D. Ill.). The proposed consent (1) Pursuant to subsection (b) of decree, if approved by Court after public section 337 of the Tariff Act of 1930, as the Chief Administrative Law Judge, U.S. International Trade Commission, comment, will fully resolve claims of amended, an investigation be instituted the United States Environmental to determine whether there is a shall designate the presiding Administrative Law Judge. Protection Agency (‘‘EPA’’) against two violation of subsection (a)(1)(B) of of the four defendants named in the section 337 in the importation into the The Office of Unfair Import complaint, which seeks to recover United States, the sale for importation, Investigations will not participate as a response costs incurred by EPA in or the sale within the United States after party to this investigation. cleaning up a portion of the Bautsch importation of certain products Responses to the complaint and the Gray Mine Superfund site (‘‘Site’’) near identified in paragraph (2) by reason of notice of investigation must be Galena, Illinois. To resolve claims infringement of one or more of claims submitted by the named respondents in against them under Sections 106, 107, 1–3, 6–8, 11, 13, 16–18, 20, and 21 of accordance with section 210.13 of the and 113(g)(2) of the Comprehensive the ’430; claims 1, 2, and 12–14 of the Commission’s Rules of Practice and Environmental Response, ’849; claims 8–20 of the ’823 patent; and Compensation, and Liability Act claims 1–4, 7–10, and 16–19 of the ’178 Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), as (‘‘CERCLA’’), 42 U.S.C. 9606, 9607(a), patent; and whether an industry in the and 9613(g)(2), the settling defendants— United States exists as required by amended in 85 FR 15798 (March 19, 2020), such responses will be Thomas Wienen and Chains and Links, subsection (a)(2) of section 337; Inc. (‘‘C&L’’)—will reimburse the United considered by the Commission if (2) Pursuant to section 210.10(b)(1) of States for $1,292,000 in response costs, received not later than 20 days after the the Commission’s Rules of Practice and which they shall pay in three Procedure, 19 CFR 210.10(b)(1), the date of service by the complainants of installments over an 18-month period. plain language description of the the complaint and the notice of In addition, the settling defendants must accused products or category of accused investigation. Extensions of time for (1) use ‘‘best efforts’’ to secure the products, which defines the scope of the submitting responses to the complaint cooperation of a non-settling defendant investigation, is ‘‘electronic devices and the notice of investigation will not in executing an environmental covenant with wireless connectivity, specifically be granted unless good cause therefor is with respect to a portion of the Site that mobile phones, tablet computers, and shown. C&L and the non-settling defendant smart televisions’’; Failure of a respondent to file a timely jointly own and (2) pay to EPA 75% of (3) For the purpose of the response to each allegation in the the net proceeds if the property is sold investigation so instituted, the following after construction of the remedy at the are hereby named as parties upon which complaint and in this notice may be deemed to constitute a waiver of the Site. The proposed consent decree will this notice of investigation shall be provide the settling defendants with a served: right to appear and contest the allegations of the complaint and this ‘‘Covenant Not to Sue,’’ under which (a) The complainants are: the United States will covenant not to Ericsson Inc., 6300 Legacy Drive, Plano, notice, and to authorize the administrative law judge and the sue or take administrative action against TX 75024 the settling defendants pursuant to Commission, without further notice to Telefonaktiebolaget LM Ericsson, Sections 106 and 107(a) of CERCLA the respondent, to find the facts to be as Torshamnsgatan 21, Kista, SE–164 83 regarding the Site, except as specifically alleged in the complaint and this notice Stockholm, Sweden provided in the ‘‘Reservation of Rights’’ Ericsson AB, Torshammnsgartan 23, and to enter an initial determination clause. The proposed Consent Decree Kista, 16480 Stockholm, Sweden and a final determination containing does not affect the United States’ claims (b) The respondents are the following such findings, and may result in the in the amended complaint with respect entities alleged to be in violation of issuance of an exclusion order or a cease to the two non-settling defendants— section 337, and are the parties upon and desist order or both directed against West Galena Development, Inc. and the which the complaint is to be served: the respondent. Estate of Lois Jean Wienen. Samsung Electronics Co., Ltd., 129 By order of the Commission. The publication of this notice opens Samsung-Ro, Maetan-3dong, Issued: February 2, 2021. a period for public comment on the Yoeongtong-Gu, Suwon, Gyeonggi, proposed consent decree. Comments Lisa Barton, 16677, Republic of Korea should be addressed to the Assistant Samsung Electronics America, Inc., 85 Secretary to the Commission. Attorney General, Environment and Challenger Road, Ridgefield Park, NJ, [FR Doc. 2021–02476 Filed 2–5–21; 8:45 am] Natural Resources Division, and should 07660–2112 BILLING CODE 7020–02–P refer United States v. Chains and Links, Samsung Electronics Vietnam Thai Inc. et al., D.J. Ref. No. 90–11–3–10235. Nguyen Co., Ltd., Yen Binh I All comments must be submitted no

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later than thirty (30) days after the perform environmental restoration and February 26, 2021. Once the roundtable publication date of this revised notice. provide for mitigation of temporal losses agenda is finalized, the Office will Comments may be submitted either by through a monetary payment to an notify all participants and post the times email or by mail: approved mitigation bank. and dates of the roundtables at https:// The Department of Justice will accept copyright.gov/policy/unclaimed- To submit comments: Send them to: written comments relating to this royalties/. proposed Consent Decree for thirty (30) By email ...... pubcomment- ADDRESSES: The Office will conduct the days from the date of publication of this roundtables remotely using the Zoom ees.enrd@ Notice. Please address comments to usdoj.gov. videoconferencing platform. Requests to By mail ...... Assistant Attorney Michael Augustini, United States participate should be submitted through General, U.S. Department of Justice, Environment and the request form available at https:// DOJ—ENRD, P.O. Natural Resources Division, www.copyright.gov/policy/unclaimed- Box 7611, Wash- Environmental Defense Section, Post royalties/roundtable-request.html. ington, DC 20044– Office Box 7611, Washington, DC Additional information will be made 7611. _ 20044–7611, pubcomment eds.enrd@ available at https://www.copyright.gov/ usdoj.gov, and refer to United States v. policy/unclaimed-royalties/roundtable. During the public comment period, Brenda Massey, DJ #90–5–1–1–21358. FOR FURTHER INFORMATION CONTACT: the proposed consent decree may be The proposed Consent Decree may be examined and downloaded at this examined at the Clerk’s Office, United Jason E. Sloan, Assistant General Justice Department website: https:// States District Court for the Southern Counsel, by email at [email protected]; www.justice.gov/enrd/consent-decrees. District of Mississippi, Southern or Cassandra G. Sciortino, Attorney- We will also provide a paper copy of the Division, Dan M. Russell, Jr., United Advisor, by email at csciortino@ proposed consent decree upon written States Courthouse, 2012 15th Street, copyright.gov. Each can be contacted by request and payment of reproduction Suite 403, Gulfport, MS 39501. In telephone by calling (202) 707–8350. costs. Please mail your request and addition, the proposed Consent Decree SUPPLEMENTARY INFORMATION: The U.S. payment to: Consent Decree Library, may be examined electronically at Copyright Office (‘‘Office’’) is U.S. DOJ—ENRD, P.O. Box 7611, http://www.justice.gov/enrd/consent- undertaking a policy study as directed Washington, DC 20044–7611. decrees. by the Music Modernization Act to Please enclose a check or money order evaluate best practices that the newly for $17 (68 pages at 25 cents per page Cherie Rogers, established mechanical licensing reproduction cost) payable to the United Assistant Section Chief, Environmental collective (‘‘MLC’’) may implement to States Treasury. For a paper copy Defense Section, Environment and Natural reduce the incidence of unclaimed without the appendices and signature Resources Division. royalties. The Office initiated the study pages, the cost is $8.5. [FR Doc. 2021–02479 Filed 2–5–21; 8:45 am] on December 6, 2019, with an all-day BILLING CODE 4410–15–P educational symposium to facilitate Patricia McKenna, discussion on these issues by a broad Assistant Section Chief, Environmental Enforcement Section, Environment and range of industry participants and LIBRARY OF CONGRESS 1 Natural Resources Division. members of the public. The Office also commissioned a report on matching and [FR Doc. 2021–02486 Filed 2–5–21; 8:45 am] U.S. Copyright Office royalty distribution practices of various BILLING CODE 4410–15–P [Docket No. 2019–6] collective management organizations (‘‘CMOs’’) around the world. A DEPARTMENT OF JUSTICE Unclaimed Royalties Study transcript of the symposium as well as the report of global collective rights AGENCY: U.S. Copyright Office, Library management practices are provided on Notice of Lodging Proposed Consent of Congress. Decree the Office’s website for public ACTION: Notice of public roundtables. consideration.2 On June 2, 2020, the In accordance with Departmental SUMMARY: The U.S. Copyright Office Office issued a notice of inquiry (‘‘NOI’’) Policy, 28 CFR 50.7, notice is hereby which solicited public comment on given that a proposed Consent Decree in will be holding public roundtables as part of its study to evaluate best several topics concerning best practices United States v. Brenda Massey, was to identify and locate musical work lodged with the United States District practices that the newly established mechanical licensing collective may copyright owners and unclaimed Court for the Southern District of accrued royalties held by the collective, Mississippi, Southern Division, on implement to identify and locate musical work copyright owners and encourage musical work copyright February 2, 2021, Case No. 1:21cv17– owners to claim their royalties, and HSO–JCG. unclaimed accrued royalties held by the collective, encourage musical work reduce the incidence of unclaimed This proposed Consent Decree royalties, including by commenting concerns a complaint filed by the copyright owners to claim their United States against Defendant Brenda royalties, and reduce the incidence of unclaimed royalties. Music industry 1 84 FR 58176 (Oct. 30, 2019); U.S. Copyright Massey, pursuant to Sections 309, 402, Office, Unclaimed Royalties Study Kickoff and 404 of the Clean Water Act participants and others interested in Symposium, https://www.copyright.gov/policy/ (‘‘CWA’’), 33 U.S.C. 1319, 1342, and participating in the roundtables are unclaimed-royalties/symposium/. 1344, for discharging pollutants into invited to submit requests to participate 2 Susan Butler, Collective Right Management pursuant to the instructions set forth Practices Around the World: A Survey of CMO waters of the United States in George Practices to Reduce the Occurrence of Unclaimed County, Mississippi without a permit, in below. Royalties in Musical Works (2020), https:// violation of CWA Section 301(a), 33 DATES: The public roundtables will be www.copyright.gov/policy/unclaimed-royalties/ U.S.C. 1311(a). The proposed Consent cmo-full-report.pdf. The transcript of the held on March 25, 2021. Requests to symposium is available at https:// Decree resolves injunctive claims for participate must be received no later www.copyright.gov/policy/unclaimed-royalties/ relief by requiring the Defendant to than 11:59 p.m. Eastern time on transcript.pdf.

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upon the prior symposium and will also entertain discussion of how website: https://www.nsf.gov/mps/ast/ comparative report.3 The Office other actors in the music ecosystem may aaac.jsp. received two rounds of public support the successful administration of Contact Person: Dr. Martin Still, comments in August 2020. Information the section 115 blanket license. Program Director, Division of about the study, including the NOI, All requests to participate must Astronomical Sciences, Suite W 9188, public comments, symposium materials, clearly identify: National Science Foundation, 2415 and comparative report may be accessed • The name of the person desiring to Eisenhower Avenue, Alexandria, VA on the Office’s website at https:// participate; 22314; Telephone: 703–292–4290. www.copyright.gov/policy/unclaimed- • The organization or organizations Purpose of Meeting: To provide royalties/. represented, if any; advice and recommendations to the The Office will now hold roundtable • Contact information; and National Science Foundation (NSF), the discussions to allow interested members • A two- to three-sentence summary National Aeronautics and Space of the public to discuss and provide of the substantive issues the participant Administration (NASA) and the U.S. additional information on the topics of expects to discuss. Department of Energy (DOE) on issues the study. The Office also will provide Following receipt of the requests to within the field of astronomy and sign-up information for members of the participate, the Office will prepare an astrophysics that are of mutual interest public who wish to observe, but not agenda listing the participants, dates, and concern to the agencies. participate in, one or more of the and times for each session. These will Agenda: To hear presentations of roundtable sessions. The sessions will be circulated to participants and posted current programming by representatives be video recorded and transcribed, and at https://www.copyright.gov/policy/ from NSF, NASA, DOE and other copies of the recording and transcript unclaimed-royalties/roundtable on or agencies relevant to astronomy and will be made available on the Office’s about March 18, 2021. astrophysics; to discuss current and website. potential areas of cooperation between B. Format of Public Roundtables the agencies; to formulate A. Submitting Requests To Participate Each roundtable session will cover a recommendations for continued and A request to participate should be topic relevant to the study, as discussed new areas of cooperation and submitted to the Office using the form above. Depending on the level of mechanisms for achieving them. Discuss on the Office’s website indicated in the interest, the Office may hold multiple the Committee’s draft annual report due ADDRESSES section above by February sessions on the same topic to 15 March 2021. 26, 2021. Shortly thereafter, the Office accommodate a greater number of Dated: February 2, 2021. will notify participants of their selection participants and provide additional time Crystal Robinson, and session assignments. In order to for discussion. Following a discussion accommodate the expected level of of the various agenda topics by Committee Management Officer. interest, the Office plans to assign no roundtable participants, members of the [FR Doc. 2021–02463 Filed 2–5–21; 8:45 am] more than one representative per public will be provided a limited BILLING CODE 7555–01–P organization to each session. If multiple opportunity to offer additional persons from the same organization comments for the record, but parties NATIONAL SCIENCE FOUNDATION wish to participate on different issues, who wish to provide detailed each should submit a separate request. information to the Office are encouraged Proposal Review; Notice of Meetings Depending upon the number and nature to submit a request to participate. In accordance with the Federal of the requests, the Office may not be Dated: February 2, 2021. able to accommodate all requests to Advisory Committee Act (Pub. L. 92– participate. Regan A. Smith, 463, as amended), the National Science The public roundtables will offer an General Counsel and Associate Register of Foundation (NSF) announces its intent opportunity for interested parties to Copyrights. to hold proposal review meetings comment on the information submitted [FR Doc. 2021–02460 Filed 2–5–21; 8:45 am] throughout the year. The purpose of to the Office to date and offer additional BILLING CODE 1410–30–P these meetings is to provide advice and views concerning the best practices the recommendations concerning proposals MLC may implement to reduce the submitted to the NSF for financial incidence of unclaimed royalties. While NATIONAL SCIENCE FOUNDATION support. The agenda for each of these the Office will tailor sessions based on meetings is to review and evaluate expressions of interest, it expects that Astronomy and Astrophysics Advisory proposals as part of the selection sessions will address various issues Committee; Notice of Meeting process for awards. The review and related to data matching and In accordance with the Federal evaluation may also include assessment identification of musical work copyright Advisory Committee Act (Pub. L. 92– of the progress of awarded proposals. owners; user experience and 463, as amended), the National Science These meetings will primarily take accessibility of the public database and Foundation (NSF) announces the place at NSF’s headquarters, 2415 claiming portal; education and outreach following meeting: Eisenhower Avenue, Alexandria, VA to promote awareness and encourage Name and Committee Code: 22314. royalty claiming; and holding and Astronomy and Astrophysics Advisory These meetings will be closed to the distribution of accrued royalties. Committee (#13883)—(Zoom Meeting). public. The proposals being reviewed Although the primary focus of the Date and Time: June 2, 2021; 12 p.m.– include information of a proprietary or statutorily-mandated study must remain 4 p.m. confidential nature, including technical on best practices the Office may Place: National Science Foundation, information; financial data, such as recommend for the MLC to consider in 2415 Eisenhower Avenue, Alexandria, salaries; and personal information order to reduce the overall incidence of VA 22314 (Zoom). concerning individuals associated with unclaimed accrued royalties, the Office Type of Meeting: Open. the proposals. These matters are exempt Attendance information for the under 5 U.S.C. 552b(c), (4) and (6) of the 3 85 FR 33735 (June 2, 2020). meeting will be forthcoming on the Government in the Sunshine Act. NSF

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will continue to review the agenda and 301–415–2084; email: you do not want to be publicly merits of each meeting for overall [email protected]. disclosed in your comment submission. compliance of the Federal Advisory SUPPLEMENTARY INFORMATION: The NRC will post all comment Committee Act. submissions at https:// These closed proposal review I. Obtaining Information and www.regulations.gov as well as enter the meetings will not be announced on an Submitting Comments comment submissions into ADAMS. individual basis in the Federal Register. A. Obtaining Information The NRC does not routinely edit NSF intends to publish a notice similar comment submissions to remove Please refer to Docket ID NRC–2020– to this on a quarterly basis. For an identifying or contact information. 0147 when contacting the NRC about advance listing of the closed proposal If you are requesting or aggregating the availability of information for this review meetings that include the names comments from other persons for action. You may obtain publicly of the proposal review panel and the submission to the OMB, then you available information related to this time, date, place, and any information should inform those persons not to action by any of the following methods: on changes, corrections, or include identifying or contact • Federal Rulemaking website: Go to cancellations, please visit the NSF information that they do not want to be https://www.regulations.gov/ and search website: https://www.nsf.gov/events/ publicly disclosed in their comment for Docket ID NRC–2020–0147. A copy advisory.jsp. This information may also submission. Your request should state of the collection of information and be requested by telephoning, 703/292– that comment submissions are not related instructions may be obtained 8687. routinely edited to remove such without charge by accessing Docket ID information before making the comment Dated: February 3, 2021. NRC–2020–0147 on this website. submissions available to the public or Crystal Robinson, • NRC’s Agencywide Documents entering the comment into ADAMS. Committee Management Officer. Access and Management System [FR Doc. 2021–02497 Filed 2–5–21; 8:45 am] (ADAMS): You may obtain publicly II. Background BILLING CODE 7555–01–P available documents online in the Under the provisions of the ADAMS Public Documents collection at Paperwork Reduction Act of 1995 (44 https://www.nrc.gov/reading-rm/ U.S.C. Chapter 35), the NRC recently NUCLEAR REGULATORY adams.html. To begin the search, select submitted a request for renewal of an COMMISSION ‘‘Begin Web-based ADAMS Search.’’ For existing collection of information to problems with ADAMS, please contact OMB for review entitled, ‘‘NRC Form [NRC–2020–0147] the NRC’s Public Document Room (PDR) 354, Data Report on Spouse.’’ The NRC reference staff at 1–800–397–4209, 301– hereby informs potential respondents Information Collection: NRC Form 354, 415–4737, or by email to pdr.resource@ Data Report on Spouse that an agency may not conduct or nrc.gov. A copy of the collection of sponsor, and that a person is not AGENCY: Nuclear Regulatory information and related instructions required to respond to, a collection of Commission. may be obtained without charge by information unless it displays a accessing ADAMS Accession No. ACTION: Notice of submission to the currently valid OMB control number. Office of Management and Budget; ML21025A411. The supporting The NRC published a Federal request for comment. statement is available in ADAMS under Register notice with a 60-day comment Accession No. ML21013A035. period on this information collection on • SUMMARY: The U.S. Nuclear Regulatory Attention: The PDR, where you may October 20, 2020, 85 FR 66588. Commission (NRC) has recently examine and order copies of public 1. The title of the information submitted a request for renewal of an documents, is currently closed. You collection: NRC Form 354, Data Report existing collection of information to the may submit your request to the PDR via on Spouse. Office of Management and Budget email at [email protected] or call 1– 2. OMB approval number: 3150–0026. (OMB) for review. The information 800–397–4209 or 301–415–4737, 3. Type of submission: Extension. collection is entitled, ‘‘NRC Form 354, between 8:00 a.m. and 4:00 p.m. (EST), 4. The form number, if applicable: Data Report on Spouse.’’ Monday through Friday, except Federal NRC Form 354. holidays. 5. How often the collection is required DATES: Submit comments by March 10, • 2021. Comments received after this date NRC’s Clearance Officer: A copy of or requested: On Occasion. will be considered if it is practical to do the collection of information and related 6. Who will be required or asked to so, but the Commission is able to ensure instructions may be obtained without respond: NRC contractors, licensees, consideration only for comments charge by contacting the NRC’s applicants, and others (e.g., intervener’s received on or before this date. Clearance Officer, David Cullison, who marry or cohabitate after Office of the Chief Information Officer, completing the Personnel Security ADDRESSES: Written comments and U.S. Nuclear Regulatory Commission, Forms, or after having been granted an recommendations for the proposed Washington, DC 20555–0001; telephone: NRC access authorization or information collection should be sent 301–415–2084; email: employment clearance. within 30 days of publication of this [email protected]. 7. The estimated number of annual notice to https://www.reginfo.gov/ responses: 50. public/do/PRAMain. Find this B. Submitting Comments 8. The estimated number of annual particular information collection by The NRC encourages electronic respondents: 50. selecting ‘‘Currently under Review— comment submission through the 9. The estimated number of hours Open for Public Comments’’ or by using Federal Rulemaking website (https:// needed annually to comply with the the search function. www.regulations.gov). Please include information collection requirement or FOR FURTHER INFORMATION CONTACT: Docket ID NRC–2020–0147 in your request: 12.5. David Cullison, NRC Clearance Officer, comment submission. 10. Abstract: NRC Form 354 must be U.S. Nuclear Regulatory Commission, The NRC cautions you not to include completed by NRC contractors, Washington, DC 20555–0001; telephone: identifying or contact information that licensees, applicants who marry or

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cohabitate after completing the Week of March 1, 2021—Tentative Extension: Rule 13h–1 and Form 13H. Personnel Security Forms, or after There are no meetings scheduled for having been granted an NRC access the week of March 1, 2021. Notice is hereby given that pursuant authorization or employment clearance. to the Paperwork Reduction Act of 1995 Form 354 identifies the respondent, the Week of March 8, 2021—Tentative (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the marriage, and data on the spouse and There are no meetings scheduled for Securities and Exchange Commission spouse’s parents. This information the week of March 8, 2021. (‘‘Commission’’) is soliciting comments permits the NRC to make initial security on the existing collection of information Week of March 15, 2021—Tentative determinations and to assure there is no provided for in Rule 13h–1 (17 CFR increased risk to the common defense There are no meetings scheduled for 240.13h–1) and Form 13H—registration and security. the week of March 15, 2021. of large traders 1 submitted pursuant to Dated: February 3, 2021. CONTACT PERSON FOR MORE INFORMATION: Section 13(h) of the Securities Exchange For the Nuclear Regulatory Commission. For more information or to verify the Act of 1934 (15 U.S.C. 78a et seq.) David C. Cullison, status of meetings, contact Wesley Held (‘‘Exchange Act’’). The Commission at 301–287–3591 or via email at NRC Clearance Officer, Office of the Chief plans to submit this existing collection Information Officer. [email protected]. The schedule for of information to the Office of Commission meetings is subject to Management and Budget (‘‘OMB’’) for [FR Doc. 2021–02510 Filed 2–5–21; 8:45 am] change on short notice. extension and approval. BILLING CODE 7590–01–P The NRC Commission Meeting Rule 13h–1 and Form 13H under Schedule can be found on the internet Section 13(h) of the Exchange Act NUCLEAR REGULATORY at: https://www.nrc.gov/public-involve/ established a large trader reporting 2 COMMISSION public-meetings/schedule.html. framework. The framework assists the The NRC provides reasonable Commission in identifying and [NRC–2021–0001] accommodation to individuals with obtaining certain baseline information disabilities where appropriate. If you about traders that conduct a substantial Sunshine Act Meetings need a reasonable accommodation to amount of trading activity, as measured participate in these public meetings or TIME AND DATE: Weeks of February 8, 15, by volume or market value, in the U.S. 22, March 1, 8, 15, 2021. need this meeting notice or the securities markets. transcript or other information from the The identification, recordkeeping, and PLACE: Commissioners’ Conference public meetings in another format (e.g., reporting framework provides the Room, 11555 Rockville Pike, Rockville, braille, large print), please notify Anne Commission with a mechanism to Maryland. Silk, NRC Disability Program Specialist, identify large traders and obtain STATUS: Public. at 301–287–0745, by videophone at additional information on their trading Week of February 8, 2021 240–428–3217, or by email at activity. Specifically, the system [email protected]. Determinations on requires large traders to identify Thursday, February 11, 2021 requests for reasonable accommodation themselves to the Commission and file 9:00 a.m. Discussion of NRC’s will be made on a case-by-case basis. certain interim updates with the Regulatory Framework for Dry Cask Members of the public may request to Commission on Form 13H. Upon receipt Storage and Transportation of Spent receive this information electronically. of Form 13H, the Commission issues a Nuclear Fuel and Related Research If you would like to be added to the unique identification number to the Activities (Public Meeting) (Contact: distribution, please contact the Nuclear large trader, which the large trader then Damaris Marcano: 301–415–7328) Regulatory Commission, Office of the provides to its registered broker-dealers. Additional Information: Due to Secretary, Washington, DC 20555, at Certain registered broker-dealers are COVID–19, there will be no physical 301–415–1969, or by email at required to maintain transaction records public attendance. [email protected]. for each large trader, and are required to The public is invited to attend the The NRC is holding the meetings report that information to the Commission’s meeting live by webcast under the authority of the Government Commission upon request.3 In addition, at the Web address—https:// in the Sunshine Act, 5 U.S.C. 552b. certain registered broker-dealers are video.nrc.gov/. Dated: February 4, 2021. required to adopt procedures to monitor their customers for activity that would Week of February 15, 2021—Tentative For the Nuclear Regulatory Commission. Wesley W. Held, Thursday, February 18, 2021 1 Rule 13h–1(a)(1) defines ‘‘large trader’’ as any Policy Coordinator, Office of the Secretary. person that directly or indirectly, including through 10:00 a.m. Briefing on Equal [FR Doc. 2021–02672 Filed 2–4–21; 4:15 pm] other persons controlled by such person, exercises Employment Opportunity, BILLING CODE 7590–01–P investment discretion over one or more accounts Affirmative Employment, and Small and effects transactions for the purchase or sale of Business (Public Meeting) (Contact: any NMS security for or on behalf of such accounts, by or through one or more registered broker-dealers, Nadim Khan: 301–415–1119) SECURITIES AND EXCHANGE in an aggregate amount equal to or greater than the Additional Information: Due to COMMISSION identifying activity level or voluntarily registers as COVID–19, there will be no physical a large trader by filing electronically with the public attendance. [SEC File No. 270–614, OMB Control No. Commission Form 13H. 3235–0682] 2 See Securities Exchange Act Release No. 64976 The public is invited to attend the (July 27, 2011), 76 FR 46959 (August 3, 2011). Commission’s meeting live by webcast 3 Proposed Collection; Comment The Commission, pursuant to Rule 17a–25 (17 at the Web address—https:// CFR 240.17a–25), currently collects transaction data Request video.nrc.gov/. from registered broker-dealers through the Electronic Blue Sheets (‘‘EBS’’) system to support Week of February 22, 2021—Tentative Upon Written Request, Copies Available its regulatory and enforcement activities. The large From: Securities and Exchange trader framework added two new fields, the time of There are no meetings scheduled for Commission, Office of FOIA Services, 100 the trade and the identity of the trader, to the EBS the week of February 22, 2021. F Street NE, Washington, DC 20549–2736. system.

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trigger the identification requirements of SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s the rule. COMMISSION Statement of the Purpose of, and the The respondents to the collection of Statutory Basis for, the Proposed Rule information required by Rule 13h–1 and [Release No. 34–91039; File No. SR– Change Form 13H are large traders and NYSEAMER–2021–05] 1. Purpose registered broker-dealers. The Self-Regulatory Organizations; NYSE The purpose of this rule change is to Commission estimates that the total eliminate the exclusion of inactive or American LLC; Notice of Filing of annual time burden associated with ‘‘dark’’ series (as described below) from Proposed Rule Change To Amend Rule Rule 13h–1 and Form 13H is the requirements of Rule 970NY (Firm approximately 185,200 hours per year. 970NY and Rule 970.1NY To Eliminate Quotes). In addition, the Exchange This burden is comprised of 23,500 the Use of Dark Series on the proposes to delete Rule 970.1NY (Quote hours for initial filings by large traders Exchange Mitigation) in its entirety. Rule 970NY describes the obligations on Form 13H, 58,500 hours for updates February 2, 2021. by large traders, 96,000 hours for broker- of the Exchange to collect, process and dealer reporting, and 7,200 hours for Pursuant to Section 19(b)(1) 1 of the make available to quotation vendors the broker-dealer monitoring. Securities Exchange Act of 1934 (the best bid and best offer for each option ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 series that is a reported security.4 Compliance with Rule 13h–1 is notice is hereby given that, on January However, under Rule 970.1NY, the only mandatory. The information collection 26, 2021, NYSE American LLC (‘‘NYSE quote messages that the Exchange sends under proposed Rule 13h–1 is American’’ or the ‘‘Exchange’’) filed to Options Price Reporting Authority considered confidential subject to the with the Securities and Exchange (‘‘OPRA’’) are quotes for ‘‘active’’ series, limited exceptions provided by the Commission (the ‘‘Commission’’) the which are defined as any series that: (i) Freedom of Information Act.4 proposed rule change as described in Has traded on any options exchange in Written comments are invited on: (a) Items I, II, and III below, which Items the previous 14 calendar days; (ii) is Whether the proposed collection of have been prepared by the self- solely listed on the Exchange; (iii) has been trading ten days or less; or (iv) is information is necessary for the proper regulatory organization. The a series in which the Exchange has an performance of the functions of the Commission is publishing this notice to order.5 Any options series that falls Commission, including whether the solicit comments on the proposed rule outside of the above categories of information shall have practical utility; change from interested persons. (b) the accuracy of the Commission’s ‘‘active’’ series are deemed inactive or ‘‘dark’’ series. As such, under Rule estimates of the burden of the proposed I. Self-Regulatory Organization’s 970.1NY, the Exchange still accepts collection of information; (c) ways to Statement of the Terms of Substance of the Proposed Rule Change quotes from ATP Holders in these enhance the quality, utility, and clarity series; however, such quotes are not of the information collected; and (d) The Exchange proposes to amend disseminated to OPRA. The Exchange ways to minimize the burden of the Rule 970NY (Firm Quotes) and Rule proposes to modify Rule 970NY and to collection of information on 970.1NY (Quote Mitigation) to eliminate delete Rule 970.1NY to eliminate the respondents, including through the use the use of dark series on the Exchange. use of ‘‘dark’’ series. of automated collection techniques or The proposed rule change is available By way of background, Rules 970NY other forms of information technology. on the Exchange’s website at and 970.1NY were adopted over a Consideration will be given to www.nyse.com, at the principal office of decade ago in conformance with the comments and suggestions submitted in the Exchange, and at the Commission’s NYSE Arca Rule 6.86–O in connection writing within 60 days of this Public Reference Room. with the Penny Pilot Program, which publication. has since been made permanent.6 In An agency may not conduct or II. Self-Regulatory Organization’s 2007, when NYSE Arca Rule 6.86–O sponsor, and a person is not required to Statement of the Purpose of, and was adopted, there were five options respond to, a collection of information Statutory Basis for, the Proposed Rule exchanges and an industry-wide concern about ‘‘capacity issues related under the PRA unless it displays a Change currently valid OMB control number. In its filing with the Commission, the 4 See Rule 970.10NY. Please direct your written comments self-regulatory organization included 5 A series may be considered ‘‘active’’ on an to: David Bottom, Director/Chief statements concerning the purpose of, intraday basis if: (i) the series trades at any options exchange; (ii) the Exchange receives an order in the Information Officer, Securities and and basis for, the proposed rule change series; or (iii) the Exchange receives a request for Exchange Commission, c/o Cynthia and discussed any comments it received quote from a Customer in that series.’’ See Rule Roscoe, 100 F Street NE, Washington, on the proposed rule change. The text 970.1NY. DC 20549, or send an email to: PRA_ of those statements may be examined at 6 See Securities Exchange Act Release Nos. 59142 (December 22, 2008), 73 FR 80494, 80501 [email protected]. the places specified in Item IV below. (December 31, 2008) (notice citing fact that Rules Dated: February 3, 2021. The Exchange has prepared summaries, 970NY and 970.1NY copy the NYSE Arca quote set forth in sections A, B, and C below, mitigation rule); 59472 (February 29, 2009), 74 FR J. Matthew DeLesDernier, of the most significant parts of such 9843 (March 6, 2009) (order approving adoption of Assistant Secretary. Rules 970NY and 970.1NY) See also Securities statements. Exchange Act Release Nos. 88532 (April 1, 2020), [FR Doc. 2021–02505 Filed 2–5–21; 8:45 am] 85 FR 19545 (April 7, 2020) (File No. 4–443) (order BILLING CODE 8011–01–P approving Amendment No. 5 to the Plan for the Purpose of Developing and Implementing Procedures to Facilitate the Listing and Trading of Standardized Options); 55162 (January 24, 2007), 72 1 15 U.S.C. 78s(b)(1). FR 4738 (February 1, 2007) (SR–Amex–2006–106) 2 15 U.S.C. 78a. (approval of Penny Pilot Program and original quote 4 See 5 U.S.C. 552 and 15 U.S.C. 78m(h)(7). 3 17 CFR 240.19b–4. mitigation strategy).

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to excessive quoting rates.’’ 7 However, suppression of quotes in dark series provisions, subsequently incorporated in since that time, 11 new exchanges should not impact market participants Rule 903A, the Commission indicated that launched, resulting in a total 16 options or downstream users that consume ‘‘adopting uniform standards to the range exchanges. With the increase in the Exchange or OPRA data. Thus, the of options series exercise (or strike) prices available for trading on the [Exchange] number of exchanges, and associated Exchange believes that this proposal should reduce the number of option series quote traffic, OPRA capacity has been would not impact its capacity requests available for trading, and thus should increased without issue. to OPRA nor would it impact market reduce increases in the options quote As discussed further below, the participants or downstream consumers message traffic because market participants Exchange believes that OPRA has the of OPRA data. will not be submitting quotes in those capacity to accommodate any increase The Exchange also believes that the series.’’ 11 The Exchange believes that in quote traffic from the Exchange proposed discontinuation of its adherence to the OLPP standard for strike arising from the publication of quotes in suppression of quotes in dark series listings has contributed to the decline of ‘‘dark series.’’ As an OPRA participant, would increase transparency and the number of strikes listed, which has in the Exchange makes capacity requests to enhance price discovery. Specifically, as turn, reduced the amount of quotes in ‘‘dark series.’’ that were held back from OPRA. Notwithstanding Rule 970.1NY, proposed, all Market Maker quotes OPRA. 12 when the Exchange makes capacity (including in ‘‘inactive series’’ under the —Refined Market Maker Quoting requests to OPRA, it has always factored current Rule) would be displayed and Obligations: One year after adopting select the total quote traffic it receives from reflected in the market to the benefit of provisions of the OLPP, the Exchange Market Makers, including quotes in dark all market participants who would be on refined the quoting obligations applicable series.8 In other words, the Exchange notice of such liquidity. The Exchange to Market Makers as a quote mitigation presumes that all series will be active also notes that, over the years, certain strategy.13 Specifically, the Exchange and therefore requests capacity to market participants have expressed adopted Commentary .01 to Rule 925.1NY, confusion regarding what quotes are which states that Specialists’ and Market accommodate sending quotes for all Makers’ continuous quoting obligations series to OPRA. As such, the Exchange being published and which are being ‘‘shall not apply to Market Makers with does not believe the proposed rule suppressed. Therefore, the Exchange respect to adjusted option series, and series change would impact or change its believes that the proposal would remove with a time to expiration of nine months capacity requests to OPRA. Nor would the element of potential confusion or greater, for options on equities and it change the total amount of capacity among market participants by Exchange Traded Fund Shares, and series needed at OPRA to accommodate quotes publishing all quotes (not just those in with a time to expiration of twelve months 14 in dark series from the Exchange active series) in the disseminated quote or greater for Index options.’’ Because because those series have already been feed. there are no Market Maker quoting Importantly, since the adoption of obligations associated with adjusted factored into the Exchange’s capacity options series, there is a reduction in quote requests to OPRA. Similarly, because Rule 970.1NY, the Exchange has traffic that is sent to OPRA. Indeed, in OPRA publishes quote capacity implemented the following measures approving the text of Commentary .01 to information to the market (which that serve as additional safeguards Rule 925.1NY, the Commission noted, already incorporates capacity planning against excessive quoting: ‘‘. . . the Exchange’s proposal would that includes quotes in dark series that —Monitoring: The Exchange actively reduce the burden on market makers to would be disseminated to OPRA), monitors the quotation activity of its submit continuous quotes that the 15 market participants (including data Market Makers. When the Exchange detects Exchange may not submit to OPRA.’’ vendors and subscribers) have the that a Market Maker is disseminating an The Exchange believes that these opportunity to prepare for and make any unusual number of quotes, the Exchange quote mitigation strategies would allow contacts that Market Maker and alerts it to necessary accommodations for such activity. Such monitoring may reveal the Exchange to continue to effectively anticipated quote traffic. Accordingly, that the Market Maker may have internal mitigate quote message traffic. the elimination of the Exchange’s system issues or has incorrectly set system In connection with the foregoing, the parameters that were not immediately Exchange proposes to amend paragraphs 7 See Securities Exchange Act Release No. 54590 apparent. Alerting a Market Maker to the (b)(1) and (b)(2) of Rule 970NY to delete (October 12, 2006), 71 FR 61525, 61527 (October 18, heightened levels of activity will usually references to the ‘‘Quote Mitigation 2006) (SR–NYSEArca–2006–73) (notice regarding result in a change that reduces the number adoption of NYSE Arca Rule) (‘‘Arca Notice’’). For of quotes sent to the Exchange by the 11 example, in 2006–2007, OPRA had the capacity to Id., 74 FR at 43174. Market Maker. 12 When NYSE Arca adopted its quote mitigation process 360,000 message per second and, at its peak —Codification of select provisions of the message rate, the Exchange accounted for 15% of rule, which the Exchange copied, it estimated that OPRA capacity, sending 55, 248 message per Options Listing Procedures Plan (‘‘OLPP’’) deployment of the rule would reduce its quote 9 second for active series. in Rule 903A. The OLPP is a national traffic by 20–30%. See supra note 7, Arca Notice, 8 OPRA has delegated certain functions pertaining market system plan that, among other 71 FR at 61527. In actuality, the rule has resulted to planning the capacity of the OPRA System to an things, sets forth procedures governing the in a reduction of approximately 10% of quote Independent System Capacity Advisor (‘‘ISCA’’) listing of new options series. From the message traffic to OPRA. The Exchange believes that ‘‘may provide less than all of the capacity that OLPP, the Exchange incorporated in Rule this disparity was a result of the number of has been requested if it determines (a) that the 903A ‘‘applied uniform standards to the ‘‘inactive’’ series being much lower than anticipated capacity requests of one or more of the parties are range of options series exercise (or strike) because of increased competition and quoting activity as well as limitations on proliferation of unreasonable, or (b) that it is not reasonable to prices available for trading on the develop or maintain a System that has capacity unnecessary strikes, per the OLPP. [Exchange] as a quote mitigation 13 See Securities Exchange Act Release No. 65572 sufficient to satisfy the requests of the parties.’’ See strategy.’’ 10 In approving the OLPP the OPRA Capacity Guidelines, at p. 1, available (October 14, 2011), 76 FR 65310 (October 20, 2011) here, https://assets.website-files.com/5ba40927ac (NYSEAmex–2011–61). See also Commentary .01 to 854d8c97bc92d7/5bf419b52de21fff3e88107f_ 9 See Securities Exchange Act Release No. 61978 Rule 925.1NY. capacity_guidelines.pdf. The Exchange has never (April 23, 2010), 75 FR 22886 (April 30, 2010) (SR– 14 An ‘‘adjusted series’’ is ‘‘an option series been informed by the ISCA that the capacity it has NYSEAmex–2010–3). See also OLPP, available at, wherein, as a result of a corporate action by the requested cannot be met for any reason, including http://www.theocc.com/clearing/industry-services/ issuer of the underlying security, one option because the ISCA had deemed the request to be olpp.jsp. contract in the series represents the delivery of unreasonable. Thus, the Exchange believes that any 10 Rule 903A codified Amendment No. 3 to the other than 100 shares of underlying stock or increase in quote traffic that might be sent to OPRA OLPP. See Securities Exchange Act Release No. Exchange-Traded Fund Shares.’’ See Commentary as a result of the current proposal should not 60531 (August 19, 2009), 74 FR 43173 (File No. 4– .01 to Rule 925.1NY. impact any other exchange’s capacity at OPRA. 443). See also Rule 903A. 15 See supra note 13, 76 FR at 65311.

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Plan,’’ which refer to the plan set forth are active. Hence, the Exchange believes result of the proposed rule change in Rule 970.1NY. In addition, the that the existing capacity planning at would be minimal and should not Exchange proposes to delete Rule OPRA already factors in quotes in dark impact any other exchange’s capacity at 970.1NY in its entirety. series being lit and therefore does not OPRA. The Exchange likewise believes believe that the elimination of this rule that there would be no adverse impact Implementation (and any resulting increase in quote on any downstream consumers of OPRA The Exchange will announce the traffic) would have a negative impact on data given that any increase in quote implementation date of the proposed capacity. traffic would be minimal and has rule change in a Trader Update within The Exchange further believes that the already been included in the Exchange’s 60 days of rule approval. existing quote mitigation strategies (i.e., capacity planning requests to OPRA. 2. Statutory Basis monitoring of quoting activity, Intramarket Competition. The codification of the OLPP, and refined elimination of ‘‘dark series’’ would The Exchange believes that its Market Maker quoting obligations) increase intra market competition and proposal is consistent with Section 6(b) employed by the Exchange serve to improve quote quality, because prices of the Securities Exchange Act of 1934 reduce the potential for excessive (the ‘‘Act’’),16 in general, and furthers and sizes of all Exchange quotations quoting and therefore reduce quote would be sent to OPRA to be published the objectives of Section 6(b)(5) of the traffic. Act,17 in particular, in that it is designed and updated. At present, Market Makers Importantly, the circumstances giving cannot ‘‘see’’ the internal best bid and to prevent fraudulent and manipulative rise to the NYSE Arca rule that the acts and practices, to promote just and offer in a dark series, nor can they Exchange copied—industry-wide improve upon the displayed market to equitable principles of trade, to remove concern about ‘‘capacity issues related impediments to and perfect the establish price/time priority. This to excessive quoting rates’’—has proposal to publish the quotes in mechanism of a free and open market subsided given that OPRA capacity has and a national market system, and, in inactive series will enhance intramarket increased exponentially over the last competition because Market Makers will general, to protect investors and the decade coincident with the influx of be able to submit more competitive public interest. new options exchanges. In addition, the quotes. The Exchange believes that the proposed increase in quote traffic as a proposed elimination of Rule 970.1NY result of this proposal is minimal and Intermarket Competition. For reasons (and references to quote mitigation in therefore unlikely to adversely impact similar to those described in the Rule 970NY) would promote just and the flow of message traffic and/or harm Intramarket Competition section, equitable principles of trade, as well as downstream consumers of OPRA data. eliminating the use of dark series and serve to remove impediments to and As noted above, the increase in quotes publishing to OPRA the Exchange’s perfect the mechanism of a free and message traffic in dark series is already previously unpublished quotes on such open market because the Exchange’s considered in the Exchange’s capacity series would increase competition systems capacity is more than sufficient requests to OPRA and already published between markets, because NYSE to accommodate any increase in quote to downstream users of OPRA data. As American’s quotes would now be visible traffic to OPRA as a result of the such, the Exchange believes the and included in the calculation of the proposed rule change. First, the proposed change would not impede the NBBO. Including all NYSE American Exchange believes that the proposed protection of investors and the public quotes in the NBBO (including those in elimination of Rule 970.1NY would interest. dark series), an options participant will promote just and equitable principles of Thus, the Exchange believes there is know if an order should be sent to trade, as well as serve to remove sufficient capacity at OPRA to NYSE American to get the best price. impediments to and perfect the accommodate any additional quote Market Makers that use a strategy to mechanism of a free and open market traffic that will result from elimination ‘‘match’’ the NBBO will now need to because the proposed change would of dark series. The Exchange therefore factor NYSE American quotes into their increase transparency and enhance believes that its proposal will not calculations. price discovery. Specifically, as impact the protection of investors and C. Self-Regulatory Organization’s proposed, all Market Maker quotes the public interest. Statement on Comments on the (including those in ‘‘inactive series’’ Finally, as discussed above, the Proposed Rule Change Received From under the current Rule) would be Exchange does not anticipate that its Members, Participants, or Others displayed and reflected in the market to proposal would negatively impact the benefit of all market participants systems capacity. However, to the extent No written comments were solicited who would be on notice of such it does, the Exchange has analyzed its or received with respect to the proposed liquidity. The Exchange also believes capacity and represents that it and the rule change. that the proposal would remove the OPRA have the necessary systems III. Date of Effectiveness of the element of potential confusion among capacity to handle any incremental Proposed Rule Change and Timing for market participants by publishing all additional traffic associated with this Commission Action quotes (not just those in active series) in proposed rule change. Within 45 days of the date of the disseminated quote feed. B. Self-Regulatory Organization’s In addition, the proposed change publication of this notice in the Federal Statement on Burden on Competition would promote just and equitable Register or up to 90 days (i) as the principles of trade, as well as serve to The Exchange does not believe that Commission may designate if it finds remove impediments to and perfect the the proposed rule change will impose such longer period to be appropriate mechanism of a free and open market any burden on competition that is not and publishes its reasons for so finding because the Exchange’s capacity necessary or appropriate in furtherance or (ii) as to which the self-regulatory requests already presume that all series of the purposes of the Act. Specifically, organization consents, the Commission as discussed above, the Exchange will: 16 15 U.S.C. 78f(b). believes that any increase in quote (A) By order approve or disapprove 17 15 U.S.C. 78f(b)(5). traffic that might be sent to OPRA as a the proposed rule change, or

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(B) institute proceedings to determine For the Commission, by the Division of comments on the proposed rule change whether the proposed rule change Trading and Markets, pursuant to delegated from interested persons. should be disapproved. authority.18 J. Matthew DeLesDernier, I. Self-Regulatory Organization’s Statement of the Terms of Substance of IV. Solicitation of Comments Assistant Secretary. the Proposed Rule Change Interested persons are invited to [FR Doc. 2021–02465 Filed 2–5–21; 8:45 am] submit written data, views, and BILLING CODE 8011–01–P The Exchange proposes to amend the arguments concerning the foregoing, NYSE Arca Equities Fees and Charges including whether the proposed rule and the NYSE Arca Options Fees and change is consistent with the Act. SECURITIES AND EXCHANGE Charges (together, the ‘‘Fee Schedules’’) Comments may be submitted by any of COMMISSION related to co-location services to add the following methods: two Partial Cabinet Solution bundles. Sunshine Act Meeting; Cancellation The proposed change is available on the Electronic Comments Exchange’s website at www.nyse.com, at • Use the Commission’s internet FEDERAL REGISTER CITATION OF PREVIOUS the principal office of the Exchange, and comment form (http://www.sec.gov/ ANNOUNCEMENT: 86 FR 7759, February at the Commission’s Public Reference rules/sro.shtml); or 1, 2021. Room. • Send an email to rule-comments@ PREVIOUSLY ANNOUNCED TIME AND DATE OF II. Self-Regulatory Organization’s sec.gov. Please include File Number SR– THE MEETING: Thursday, February 4, Statement of the Purpose of, and NYSEAMER–2021–05 on the subject 2021 at 2:00 p.m. Statutory Basis for, the Proposed Rule line. Change CHANGES IN THE MEETING: The Closed Paper Comments Meeting scheduled for Thursday, In its filing with the Commission, the • Send paper comments in triplicate February 4, 2021 at 2:00 p.m., has been self-regulatory organization included to: Secretary, Securities and Exchange cancelled. statements concerning the purpose of, and basis for, the proposed rule change Commission, 100 F Street NE, CONTACT PERSON FOR MORE INFORMATION: Washington, DC 20549–1090. and discussed any comments it received For further information; please contact on the proposed rule change. The text All submissions should refer to File Vanessa A. Countryman from the Office of those statements may be examined at Number SR–NYSEAMER–2021–05. This of the Secretary at (202) 551–5400. the places specified in Item IV below. file number should be included on the Dated: February 4, 2021. The Exchange has prepared summaries, subject line if email is used. To help the Vanessa A. Countryman, set forth in sections A, B, and C below, Commission process and review your Secretary. of the most significant parts of such comments more efficiently, please use statements. only one method. The Commission will [FR Doc. 2021–02692 Filed 2–4–21; 4:15 pm] post all comments on the Commission’s BILLING CODE 8011–01–P A. Self-Regulatory Organization’s internet website (http://www.sec.gov/ Statement of the Purpose of, and the rules/sro.shtml). Copies of the Statutory Basis for, the Proposed Rule SECURITIES AND EXCHANGE submission, all subsequent Change COMMISSION amendments, all written statements 1. Purpose with respect to the proposed rule [Release No. 34–91044; File No. SR– The Exchange proposes to amend its change that are filed with the 4 Commission, and all written NYSEARCA–2021–07] Fee Schedules related to co-location services to add two Partial Cabinet communications relating to the Self-Regulatory Organizations; NYSE proposed rule change between the Solution (‘‘PCS’’) bundles that would be Arca, Inc.; Notice of Filing of Proposed offered to Users.5 Commission and any person, other than Rule Change To Amend the NYSE Arca those that may be withheld from the Equities Fees and Charges and the 4 The Exchange initially filed rule changes public in accordance with the NYSE Arca Options Fees and Charges relating to its co-location services with the provisions of 5 U.S.C. 552, will be Related to Co-Location Services Securities and Exchange Commission available for website viewing and (‘‘Commission’’) in 2010. See Securities Exchange printing in the Commission’s Public February 2, 2021. Act Release No. 63275 (November 8, 2010), 75 FR 70048 (November 16, 2010) (SR–NYSEArca–2010– Reference Room, 100 F Street NE, Pursuant to Section 19(b)(1) 1 of the 100). Washington, DC 20549 on official Securities Exchange Act of 1934 (the 5 For purposes of the Exchange’s co-location business days between the hours of 2 3 services, a ‘‘User’’ means any market participant ‘‘Act’’) and Rule 19b–4 thereunder, that requests to receive co-location services directly 10:00 a.m. and 3:00 p.m. Copies of the notice is hereby given that, on January filing also will be available for from the Exchange. See Securities Exchange Act 19, 2021, NYSE Arca, Inc. (‘‘NYSE Release No. 76010 (September 29, 2015), 80 FR inspection and copying at the principal Arca’’ or the ‘‘Exchange’’) filed with the 60197 (October 5, 2015) (SR–NYSEArca–2015–82). office of the Exchange. All comments As specified in the Fee Schedules, a User that Securities and Exchange Commission incurs co-location fees for a particular co-location received will be posted without change. (the ‘‘Commission’’) the proposed rule Persons submitting comments are service pursuant thereto would not be subject to co- change as described in Items I, II, and location fees for the same co-location service cautioned that we do not redact or edit III below, which Items have been charged by the Exchange’s affiliates New York personal identifying information from Stock Exchange LLC, NYSE American LLC, NYSE prepared by the self-regulatory Chicago, Inc., and NYSE National, Inc. (together, comment submissions. You should organization. The Commission is submit only information that you wish the ‘‘Affiliate SROs’’). See Securities Exchange Act publishing this notice to solicit Release No. 70173 (August 13, 2013), 78 FR 50459 to make available publicly. All (August 19, 2013) (SR–NYSEArca–2013–80). Each submissions should refer to File Affiliate SRO has submitted substantially the same 18 17 CFR 200.30–3(a)(12). Number SR–NYSEAMER–2021–05 and proposed rule change to propose the changes 1 15 U.S.C. 78s(b)(1). described herein. See SR–NYSE–2021–05, SR– should be submitted on or before March 2 15 U.S.C. 78a. NYSEAMER–2021–04, SR–NYSECHX–2021–01, 1, 2021. 3 17 CFR 240.19b–4. and SR–NYSENAT–2021–01.

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Proposed Addition of Option E and In May 2020, the Exchange amended (Option E) or 2 kw (Option F) partial Option F PCS Bundles PCS bundle Options C and D to each cabinet, one 40 Gb LCN connection, one include two 10 Gb connections to the 40 Gb IP network connection, two 40 Gb The Fee Schedules currently list four NMS Network, an alternate dedicated NMS Network connections, and either PCS bundles, Options A through D. As network connection that Users could the Network Time Protocol Feed or the originally formulated, each PCS bundle use to access the NMS feeds for which Precision Timing Protocol. Users option included a partial cabinet the Securities Industry Automation selecting an Option E or F bundle would powered to a maximum of 2 kilowatts Corporation (‘‘SIAC’’) is engaged as the be charged the same initial charge of (‘‘kW’’); access to the liquidity center securities information processor $10,000 that currently applies to network (‘‘LCN’’) and internet protocol 9 (‘‘SIP’’). These two 10 Gb NMS Options C and D. In addition, Users (‘‘IP’’) networks, the local area networks Network connections were added to the would be charged monthly recurring available in the data center; two fiber Option C and D bundles at no additional charges (‘‘MRC’’) of $18,000 for an cross connections; and connectivity to cost. Option E bundle and $19,000 for an one of two time feeds.6 The PCS In response to customer interest, the Option F bundle. The Exchange bundles are designed to attract smaller Exchange now proposes to add two new Users, including those with minimal PCS bundles to the Fee Schedules. proposes that Users that purchase power or cabinet space demands or Proposed Options E and F would be Option E or F bundles on or before those for which the costs attendant with substantially similar to Options C and December 31, 2021 would receive a 50% having a dedicated cabinet are too D, respectively, with the difference that reduction in the MRC for the first 12 burdensome.7 Users are only eligible to each connection included in the months. purchase PCS bundles if they meet proposed bundles would be upgraded to The amended portion of the Fee specified requirements, set forth in 40 Gb from 10 Gb: That is, proposed Schedules would read as follows General Note 2 of Fee Schedules.8 Options E and F would include a 1 kw (proposed additions italicized):

Type of service Description Amount of charge

Partial Cabinet Solution bundles Note: Option E: 1 kW partial cabinet, 1 LCN connection $10,000 initial charge per bundle plus monthly A User and its Affiliates are limited (40 Gb), 1 IP network connection (40 Gb), 2 charge per bundle as follows: to one Partial Cabinet Solution bun- NMS Network connections (40 Gb each), 2 fiber • For Users that order on or before December 31, dle at a time. A User and its Affili- cross connections and either the Network Time 2021: $9,000 monthly for first 12 months of ates must have an Aggregate Cabi- Protocol Feed or Precision Timing Protocol. service, and $18,000 monthly thereafter. net Footprint of 2 kW or less to • For Users that order after December 31, 2021: qualify for a Partial Cabinet Solution $18,000 monthly. bundle. See Note 2 under ‘‘General Notes.’’ Option F: 2 kW partial cabinet, 1 LCN connection $10,000 initial charge per bundle plus monthly (40 Gb), 1 IP network connection (40 Gb), 2 charge per bundle as follows: NMS Network connections (40 Gb each), 2 fiber • For Users that order on or before December 31, cross connections and either the Network Time 2021: $9,500 monthly for first 12 months of Protocol Feed or Precision Timing Protocol. service, and $19,000 monthly thereafter. • For Users that order after December 31, 2021: $19,000 monthly.

The Exchange proposes that General Application and Impact of the Proposed Competitive Environment Note 2 of the Fee Schedules—which Changes currently applies to PCS bundle Options A User may host another entity in its A through D—would also apply to The proposed changes would not space within the data center. Such Users proposed Option E and F bundles, apply differently to distinct types or are called ‘‘Hosting Users,’’ and their 10 without alteration. Specifically, a User sizes of market participants. Rather, customers are ‘‘Hosted Customers.’’ and its Affiliates would be limited to they would apply to all Users equally. Based on conversations with Users one PCS bundle at a time, and a User Users that require other sizes or and potential customers, the Exchange and its Affiliates must have an combinations of cabinets, network believes that Hosting Users offer Aggregate Cabinet Footprint of 2 kW or connections, and cross connects could bundles (‘‘Hosting User Bundles’’) that less to qualify for a PCS bundle. still request them. As is currently the include cabinet space and space on The Exchange is not proposing any case, the purchase of any co-location shared LCN, IP, and NMS network changes to PCS bundle Options A service, including PCS bundles, is connections, and that the Hosting User through D. completely voluntary and the Fee Bundles provide their end users with a Schedules are applied uniformly to all service similar to that of the PCS Users. bundles.11

6 See Securities Exchange Act Release No. 77070 NYSE–2019–46, SR–NYSEAMER–2019–34, SR– for a monthly fee. See Securities Exchange Act (February 5, 2016), 81 FR 7401 (February 11, 2016) NYSEArca–2019–61, SR–NYSENAT–2019–19) Release No. 76010 (September 29, 2015), 80 FR (SR–NYSEArca–2015–102). (‘‘NMS Network Approval Order’’) and 88972 (May 60197 (October 5, 2015) (SR–NYSEArca–2015–82). 11 7 See id. at 7402. 29, 2020), 85 FR 34472 (June 4, 2020) (‘‘NYSE Because Hosting Users’ services are not Chicago NMS Network Approval Order’’). regulated, they may offer differentiated pricing and 8 See id. The definitions of ‘‘Affiliate’’ and 10 A Hosting User is required to be a User, but are not required to make their pricing public or ‘‘Aggregate Cabinet Footprint’’ were added to the because only Users can be Hosting Users, a Hosted disclose it to the Exchange. The Exchange therefore Fee Schedules at the same time. Customer is not able to provide hosting services to does not have direct visibility into the specific 9 See Securities Exchange Act Release Nos. 88837 any other entities in the space in which it is hosted. range of options, or cost thereof, offered by Hosting (May 7, 2020), 85 FR 28671 (May 13, 2020) (SR– The Exchange allows Users to act as Hosting Users Users, and relies on third parties for information.

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The Exchange operates in a highly The Proposed Change Is Reasonable (a $4,000 increase over Option D) which competitive market in which exchanges The Exchange believes that the reflects the fact that the Exchange will and other vendors (e.g., Hosting Users) proposed rule change is reasonable and have to supply multiple 40 Gb offer co-location services as a means to would perfect the mechanisms of a free connections in the Option E and F facilitate the trading and other market and open market and a national market bundles, as opposed to the 10 Gb activities of those market participants system and, in general, protect investors connections included in the Option C who believe that co-location enhances and the public interest, for the following and D bundles. The Exchange believes that it is the efficiency of their operations. The reasons. reasonable to provide a period of Commission has repeatedly expressed The Exchange believes that it is eligibility for a 50% MRC reduction as its preference for competition over reasonable to expand its PCS bundle an incentive to Users to utilize the regulatory intervention in determining options by offering the proposed Option Option E and F bundles. Similar 50% prices, products, and services in the E and F bundles. Currently, the MRC reductions were proposed and securities markets. Specifically, in Exchange offers Users the ability to approved for Options A through D when Regulation NMS, the Commission purchase connectivity to the LCN/NMS those product offerings were added to highlighted the importance of market and IP/NMS networks in 10 Gb and 40 the Fee Schedules. forces in determining prices and SRO Gb bandwidths, but within the revenues and, also, recognized that Exchange’s existing PCS bundle options, The Proposed Change Is Not Unfairly current regulation of the market system 40 Gb connections are not available. Discriminatory ‘‘has been remarkably successful in This means that at present, Users The Exchange believes its proposal is promoting market competition in its interested in the PCS bundled not unfairly discriminatory. The broader forms that are most important to services—either because they have proposed change would not apply 12 investors and listed companies.’’ minimal power and cabinet space differently to distinct types or sizes of The proposed changes are not demands or because the costs attendant market participants. Rather, it would otherwise intended to address any other with having a dedicated cabinet are too apply to all Users equally. The issues relating to co-location services burdensome—cannot access 40 Gb Exchange would continue to offer the and/or related fees, and the Exchange is connections and are limited to the 10 Gb four existing PCS bundles (Options A not aware of any problems that Users connections offered as part of the through D) with different cabinet would have in complying with the Option C and D bundles. Users and footprints and network connection proposed change. potential customers have requested that options, in addition to the proposed the Exchange provide them the Option E and F bundles. Users that 2. Statutory Basis opportunity to purchase PCS bundles require other sizes or combinations of that include 40 Gb connections, which The Exchange believes that the cabinets, network connections, and would enable them to connect to more proposed rule change is consistent with cross connects could still request them. of the Included Data Products and Third Section 6(b) of the Act,13 in general, and As is currently the case, the purchase of Party Data Feeds or have the same size furthers the objectives of Section 6(b)(5) any co-location service, including PCS connection in co-location that they have of the Act,14 in particular, because it is bundles, would be completely everywhere. The Exchange believes that designed to prevent fraudulent and voluntary. it is reasonable to offer the proposed manipulative acts and practices, to The Exchange believes that the Option E and F bundles to satisfy this promote just and equitable principles of proposed charges for Option E and F customer demand, while continuing to trade, to foster cooperation and bundles are not unfairly discriminatory. offer the existing bundle offerings, in coordination with persons engaged in The proposed initial charges and MRCs order to provide potential Users of the regulating, clearing, settling, processing for Options E and F would apply PCS bundled services an additional 40 information with respect to, and equally to all Users that purchase an Gb option for their network connection facilitating transactions in securities, to Option E or F bundle, and the proposed requirements. remove impediments to and perfect the 50% reduction of MRC for the first 12 Additionally, the Exchange believes months would apply to any User that mechanism of a free and open market that the proposed change may make PCS and a national market system, and, in orders an Option E or F bundle on or bundles more competitive with the before December 31, 2021. general, to protect investors and the services that Hosting Users offer. public interest and because it is not Without this proposed rule change, The Proposed Change Is an Equitable designed to permit unfair potential Users choosing between a PCS Allocation of Fees and Credits discrimination between customers, bundle and a Hosting User Bundle The Exchange believes that its issuers, brokers, or dealers. The would have fewer options. proposal equitably allocates its fees Exchange further believes that the The Exchange believes that the among its market participants. proposed rule change is consistent with The proposed change would not 15 proposed charges for the Option E and Section 6(b)(4) of the Act, because it F bundles are reasonable. The Exchange apply differently to distinct types or provides for the equitable allocation of proposes that Users choosing the Option sizes of market participants. Rather, it reasonable dues, fees, and other charges E or F bundles would pay the same would apply to all Users equally. among its members and issuers and $10,000 initial charge that Users Specifically, the proposed initial other persons using its facilities and currently pay when choosing the Option charges and MRCs for Options E and F does not unfairly discriminate between C or D bundles, which reflects the fact would apply equally to all Users that customers, issuers, brokers, or dealers. that setting up each of these four cabinet purchase an Option E or F bundle, and options involves a similar amount of the proposed 50% reduction of MRC for 12 See Securities Exchange Act Release No. 51808 work for the Exchange. It is also the first 12 months would apply to any (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005) (‘‘Regulation NMS Adopting Release’’). reasonable for the Exchange to set MRC User that orders an Option E or F 13 15 U.S.C. 78f(b). charges of $18,000 for an Option E bundle on or before December 31, 2021. 14 15 U.S.C. 78f(b)(5). bundle (a $4,000 increase over Option The Exchange would continue to offer 15 15 U.S.C. 78f(b)(4). C) and $19,000 for an Option F bundle the four existing PCS bundles (Options

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A through D) with different cabinet Customers, and thus would enhance the over regulatory intervention in footprints and network connection competitive environment for potential determining price, products, and options, in addition to the proposed Users, who would then have more services in the securities markets. Option E and F bundles. Users that options from which to select. At the Specifically, in Regulation NMS, the require other sizes or combinations of same time, however, no potential User Commission highlighted the importance cabinets, network connections, and would be obligated to purchase a PCS of market forces in determining prices cross connects could still request them. bundle, and it would still have the and SRO revenues and, also, As is currently the case, the purchase of options offered by Hosting Users. recognizing that current regulation of any co-location service, including PCS Intermarket Competition the market system ‘‘has been remarkably bundles, would be completely successful in promoting market voluntary. The Exchange believes that the competition in its broader forms that are Without this proposed rule change, proposed changes will not impose any most important to investors and listed potential Users choosing between a PCS burden on intermarket competition that companies.’’ 17 bundle and a Hosting User Bundle is not necessary or appropriate. The For these reasons, the Exchange would have fewer options. Potential proposed change is not meant to affect believes that the proposed rule change Users could benefit from having an competition among national securities reflects this competitive environment additional 40 Gb option for their exchanges. Rather, the Exchange and does not impose any undue burden network connection requirements, believes that the proposed change is a on intermarket competition. which would allow them to connect to reasonable attempt to maintain a more more of the Included Data Products and level playing field between the C. Self-Regulatory Organization’s Third Party Data Feeds or have the same Exchange and the Hosting Users, who Statement on Comments on the size connection in co-location that they compete for Hosted Customer business. Proposed Rule Change Received From have elsewhere. Because Hosting Users’ services are not Members, Participants, or Others Finally, the Exchange believes that it regulated, they may offer differentiated No written comments were solicited is subject to significant competitive pricing and are not required to make or received with respect to the proposed forces, as described below in the their pricing public. The Exchange rule change. Exchange’s statement regarding the believes that the proposed change may burden on competition. make PCS bundles more attractive to III. Date of Effectiveness of the For the reasons above, the proposed potential users who might otherwise opt Proposed Rule Change and Timing for changes do not unfairly discriminate to become Hosted Customers. Commission Action between or among market participants The Exchange operates in a highly Within 45 days of the date of that are otherwise capable of satisfying competitive market in which exchanges publication of this notice in the Federal any applicable co-location fees, and other vendors (i.e., Hosting Users) Register or up to 90 days (i) as the requirements, terms, and conditions offer co-location services as a means to Commission may designate if it finds established from time to time by the facilitate the trading and other market such longer period to be appropriate Exchange. activities of those market participants and publishes its reasons for so finding For these reasons, the Exchange who believe that co-location enhances or (ii) as to which the self-regulatory believes that the proposal is consistent the efficiency of their operations. organization consents, the Commission with the Act. Accordingly, fees charged for co- will: location services are constrained by the B. Self-Regulatory Organization’s (A) By order approve or disapprove active competition for the order flow of, the proposed rule change, or Statement on Burden on Competition and other business from, such market (B) institute proceedings to determine participants. If a particular exchange The Exchange believes that the whether the proposed rule change charges excessive fees for co-location proposal will not impose any burden on should be disapproved. competition that is not necessary or services, affected market participants appropriate in furtherance of the will opt to terminate their co-location IV. Solicitation of Comments purposes of Section 6(b)(8) of the Act.16 arrangements with that exchange, and Interested persons are invited to adopt a possible range of alternative Intramarket Competition submit written data, views, and strategies, including placing their arguments concerning the foregoing, The Exchange believes that the servers in a physically proximate including whether the proposed rule proposed changes would not place any location outside the exchange’s data change is consistent with the Act. burden on intramarket competition that center (which could be a competing Comments may be submitted by any of is not necessary or appropriate. exchange), or pursuing strategies less the following methods: The Exchange’s offering of the dependent upon the lower exchange-to- proposed Option E and F bundles participant latency associated with co- Electronic Comments would provide potential Users of PCS location. Accordingly, an exchange • Use the Commission’s internet bundles a wider range of choices, which charging excessive fees would stand to comment form (http://www.sec.gov/ would be especially beneficial for lose not only co-location revenues but rules/sro.shtml); or potential Users with minimal power and also the liquidity of the formerly co- • Send an email to rule-comments@ cabinet space demands, but which located trading firms, which could have sec.gov. Please include File Number SR– could nevertheless benefit from an additional follow-on effects on the NYSEARCA–2021–07 on the subject additional 40 Gb option for their market share and revenue of the affected line. network connection requirements. The exchange. In such an environment, the Exchange believes that the proposed Exchange must continually review, and Paper Comments change may make PCS bundles more consider adjusting, its services and • Send paper comments in triplicate attractive to potential Users who might related fees and credits to remain to: Securities and Exchange otherwise opt to become Hosted competitive with other exchanges. The Commission has repeatedly 17 See Regulation NMS Adopting Release, supra 16 15 U.S.C. 78f(b)(8). expressed its preference for competition note 12, at 37499.

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Commission, 100 F Street NE, Notice is hereby given that, pursuant have been required to maintain under Washington, DC 20549–1090. to the Paperwork Reduction Act of 1995 the rule if it were insured under a single All submissions should refer to File (44 U.S.C. 350l-3520), the Securities and insured bond; and (ii) the agreement Number SR–NYSEARCA–2021–07. This Exchange Commission (the between the fund and all other insured file number should be included on the ‘‘Commission’’) is soliciting comments parties regarding recovery under the subject line if email is used. To help the on the collection of information bond. A fund must also notify the Commission process and review your summarized below. The Commission Commission in writing within five days comments more efficiently, please use plans to submit this existing collection of any claim or settlement on a claim only one method. The Commission will of information to the Office of under the fidelity bond. Management and Budget for extension post all comments on the Commission’s Notices to Directors internet website (http://www.sec.gov/ and approval. rules/sro.shtml). Copies of the Rule 17g–1 (17 CFR 270.17g–1) under A fund must notify by registered mail submission, all subsequent the Investment Company Act of 1940 each member of its board of directors of: amendments, all written statements (the ‘‘Act’’) (15 U.S.C. 80a–17(g)) (i) Any cancellation, termination, or with respect to the proposed rule governs the fidelity bonding of officers modification of the fidelity bond at least change that are filed with the and employees of registered 45 days prior to the effective date; and Commission, and all written management investment companies (ii) the filing or settlement of any claim communications relating to the (‘‘funds’’) and their advisers. Rule 17g– under the fidelity bond when proposed rule change between the 1 requires, in part, the following: notification is filed with the Commission and any person, other than Commission. Independent Directors’ Approval Rule 17g–1’s independent directors’ those that may be withheld from the The form and amount of the fidelity annual review requirements, fidelity public in accordance with the bond must be approved by a majority of bond content requirements, joint bond provisions of 5 U.S.C. 552, will be the fund’s independent directors at least agreement requirement, and the available for website viewing and once annually, and the amount of any required notices to directors are printing in the Commission’s Public premium paid by the fund for any ‘‘joint designed to ensure the safety of fund Reference Room, 100 F Street NE, insured bond,’’ covering multiple funds assets against losses due to the conduct Washington, DC 20549 on official or certain affiliates, must be approved of persons who may obtain access to business days between the hours of by a majority of the fund’s independent those assets. These requirements also 10:00 a.m. and 3:00 p.m. Copies of the directors. seek to facilitate oversight of a fund’s filing also will be available for fidelity bond. The rule’s required filings inspection and copying at the principal Terms and Provisions of the Bond with the Commission are designed to office of the Exchange. All comments The amount of the bond may not be assist the Commission in monitoring received will be posted without change. less than the minimum amounts of funds’ compliance with the fidelity Persons submitting comments are coverage set forth in a schedule based bond requirements. cautioned that we do not redact or edit on the fund’s gross assets. The bond Based on conversations with personal identifying information from must provide that it shall not be representatives in the fund industry, the comment submissions. You should cancelled, terminated, or modified Commission staff estimates that for each submit only information that you wish except upon 60-days written notice to of the estimated 2,200 active funds to make available publicly. All the affected party and to the (respondents),1 the average annual submissions should refer to File Commission. In the case of a joint paperwork burden associated with rule Number SR–NYSEARCA–2021–07 and insured bond, 60-days written notice 17g–1’s requirements is two hours, one should be submitted on or before March must also be given to each fund covered hour each for a compliance attorney and 1, 2021. by the bond. A joint insured bond must the board of directors as a whole. The For the Commission, by the Division of provide that the fidelity insurance time spent by a compliance attorney Trading and Markets, pursuant to delegated company will provide all funds covered includes time spent filing reports with 18 authority. by the bond with a copy of the the Commission for fidelity losses (if J. Matthew DeLesDernier, agreement, a copy of any claim on the any) as well as paperwork associated Assistant Secretary. bond, and notification of the terms of with any notices to directors, and [FR Doc. 2021–02475 Filed 2–5–21; 8:45 am] the settlement of any claim prior to managing any updates to the bond and BILLING CODE 8011–01–P execution of that settlement. Finally, a the joint agreement (if one exists). The fund that is insured by a joint bond time spent by the board of directors as must enter into an agreement with all a whole includes any time spent SECURITIES AND EXCHANGE other parties insured by the joint bond initially establishing the bond, as well COMMISSION regarding recovery under the bond. as time spent on annual updates and [SEC File No. 270–208, OMB Control No. Filings With the Commission approvals. The Commission staff therefore estimates the total ongoing 3235–0213] Upon the execution of a fidelity bond paperwork burden hours per year for all or any amendment thereto, a fund must Proposed Collection; Comment funds required by rule 17g–1 to be 4,400 file with the Commission within 10 Request hours (2,200 funds × 2 hours = 4,400 days: (i) A copy of the executed bond or hours). Commission staff continues to Upon Written Request, Copies Available any amendment to the bond, (ii) the From: Securities and Exchange independent directors’ resolution 1 Based on a review of fund filings for the three- Commission, Office of FOIA Services, 100 approving the bond, and (iii) a year period from 2018 to 2020, Commission staff F Street NE, Washington, DC 20549–2736. statement as to the period for which estimates there are approximately 2,200 funds Extension: premiums have been paid on the bond. (registered open- and closed-end funds, and business development companies) that must Rule 17g–1. In the case of a joint insured bond, a comply with the collections of information under fund must also file: (i) A statement rule 17g–1, and which collectively submit an 18 17 CFR 200.30–3(a)(12). showing the amount the fund would estimated 2,597 filings on Form 17G annually.

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estimate that the filing and reporting SUMMARY OF APPLICATION: Applicants Regulated Fund 1 and one or more other requirements of rule 17g–1 do not entail request an order to permit certain Regulated Funds and/or one or more any external cost burdens. business development companies Affiliated Funds 2 to enter into Co- These estimates of average burden (‘‘BDCs’’) and closed-end management Investment Transactions with each hours are made solely for the purposes investment companies to co-invest in other. ‘‘Co-Investment Transaction’’ of the Paperwork Reduction Act. These portfolio companies with each other and means any transaction in which a estimates are not derived from a with certain affiliated investment funds Regulated Fund (or its Wholly-Owned comprehensive or even a representative and accounts. Investment Sub (as defined below)) survey or study of Commission rules. APPLICANTS: Muzinich BDC, Inc. participated together with one or more The collection of information required (‘‘Muzinich BDC’’), Muzinich BDC Affiliated Funds, and/or one or more by rule 17g–1 is mandatory and will not Adviser, LLC (‘‘Muzinich BDC other Regulated Funds (or its Wholly- be kept confidential. An agency may not Adviser’’), and Muzinich & Co., Inc. Owned Investment Sub) in reliance on conduct or sponsor, and a person is not (‘‘Muzinich & Co.,’’ and together with the Order. ‘‘Potential Co-Investment required to respond to, a collection of Muzinich BDC Adviser, the ‘‘Existing Transaction’’ means any investment information unless it displays a Advisers’’). opportunity in which a Regulated Fund currently valid control number. (or its Wholly-Owned Investment Sub) FILING DATES: Written comments are requested on: The application was filed could not participate together with one (i) Whether the collection of information on December 27, 2019, and amended on or more Affiliated Funds, and/or one or is necessary for the proper performance May 21, 2020, and November 6, 2020. more other Regulated Funds (or its of the functions of the Commission, HEARING OR NOTIFICATION OF HEARING: An Wholly-Owned Investment Sub) including whether the information has order granting the requested relief will without obtaining and relying on the practical utility; (ii) the accuracy of the be issued unless the Commission orders Order.3 Commission’s estimate of the burden of a hearing. Interested persons may the collection of information; (iii) ways request a hearing by emailing the Applicants to enhance the quality, utility and Commission’s Secretary at Secretarys- 2. Muzinich BDC is a non-diversified, clarity of the information collected; and [email protected] and serving applicants closed-end management investment (iv) ways to minimize the burden of the with a copy of the request by email. company incorporated in Delaware that collection of information on Hearing requests should be received by have elected to be regulated as a BDC respondents, including through the use the Commission by 5:30 p.m. on March of automated collection techniques or 1, 2021, and should be accompanied by 1 ‘‘Regulated Funds’’ means (a) Muzinich BDC, (b) other forms of information technology. proof of service on applicants, in the the Future Regulated Funds and (c) the BDC Downstream Funds (defined below). ‘‘Future Consideration will be given to form of an affidavit or, for lawyers, a Regulated Fund’’ means a closed-end management comments and suggestions submitted in certificate of service. Pursuant to rule investment company (a) that is registered under the writing within 60 days of this 0–5 under the Act, hearing requests Act or has elected to be regulated as a BDC, (b) publication. should state the nature of the writer’s whose investment adviser (and sub-adviser(s), if any) are an Adviser, and (c) that intends to Please direct your written comments interest, any facts bearing upon the participate in the Co-investment Program (defined to David Bottom, Director/Chief desirability of a hearing on the matter, below). Information Officer, Securities and the reason for the request, and the issues ‘‘Adviser’’ means the Existing Advisers, together Exchange Commission, C/O Cynthia contested. Persons who wish to be with any future investment adviser that (i) controls, is controlled by, or is under common control with Roscoe, 100 F Street NE, Washington, notified of a hearing may request _ an Existing Adviser, (ii) (a) is registered as an DC 20549; or send an email to: PRA notification by emailing the investment adviser under the Investment Advisers [email protected]. Commission’s Secretary. Act of 1940 (‘‘Advisers Act’’) or (b) is a relying Dated: February 3, 2021. adviser of an investment adviser that is registered ADDRESSES: The Commission: under the Advisers Act, and that controls, is J. Matthew DeLesDernier, [email protected]. Applicants: controlled by, or is under common control with an Assistant Secretary. Mr. Paul Fehre, [email protected]. Existing Adviser, and (iii) is not a Regulated Fund or a subsidiary of a Regulated Fund. [FR Doc. 2021–02506 Filed 2–5–21; 8:45 am] FOR FURTHER INFORMATION CONTACT: Jean 2 ‘‘Affiliated Fund’’ means any Muzinich BILLING CODE 8011–01–P E. Minarick, Senior Counsel, at (202) Proprietary Account (defined below) and any entity 551–6811 or Kaitlin C. Bottock, Branch (a) whose investment adviser (and sub-adviser(s), if Chief, at (202) 551–6825 (Division of any) are an Adviser, (b) that either (i) would be an SECURITIES AND EXCHANGE Investment Management, Chief investment company but for section 3(c)(1) or COMMISSION 3(c)(7) of the Act or (ii) relies on rule 3a–7 under Counsel’s Office). the Act, (c) that is not a BDC Downstream Fund [Investment Company Act Release No. SUPPLEMENTARY INFORMATION: The (together with each such entity’s direct and indirect 34186; File No. 812–15086] wholly-owned subsidiaries), and (d) that intends to following is a summary of the participate in the Co-Investment Program. application. The complete application Muzinich BDC, Inc., et al. ‘‘BDC Downstream Fund’’ means, with respect to may be obtained via the Commission’s any Regulated Fund that is a business development February 2, 2021. website by searching for the file company (‘‘BDC’’), an entity (i) that the BDC number, or for an applicant using the directly or indirectly controls, (ii) that is not AGENCY: Securities and Exchange controlled by any person other than the BDC Commission (‘‘Commission’’). Company name box, at http:// (except a person that indirectly controls the entity www.sec.gov/search/search.htm or by ACTION: Notice. solely because it controls the BDC), (iii) that would calling (202) 551–8090. be an investment company but for section 3(c)(1) or Notice of application for an order 3(c)(7) of the Act, (iv) whose investment adviser Introduction (and sub-adviser(s), if any) are an Adviser, (v) that under sections 17(d) and 57(i) of the is not a Wholly-Owned Investment Sub (as defined Investment Company Act of 1940 (the 1. The applicants request an order of below) and (vi) that intends to participate in the Co- ‘‘Act’’) and rule 17–1 under the Act to the Commission under sections 17(d) Investment Program. permit certain joint transactions and 57(i) and rule 17d–1 thereunder 3 All existing entities that currently intend to rely (the ‘‘Order’’) to permit, subject to the on the Order have been named as applicants and otherwise prohibited by sections 17(d) any existing or future entities that may rely on the and 57(a)(4) of the Act and rule 17d–1 terms and conditions set forth in the Order in the future will comply with its terms and under the Act. application (the ‘‘Conditions’’), a Conditions set forth in the application.

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under the Act.4 The Board 5 of Muzinich Regulated Fund for purposes of section and Strategies 8 and any Board- BDC currently consists of five directors, 57(a)(4) and rule 17d–1. Applicants Established Criteria 9 of a Regulated three of whom are Independent request that each Wholly-Owned Fund, the policies and procedures will Directors.6 Investment Sub be permitted to require that the relevant Investment 3. Muzinich BDC Adviser, a Delaware participate in Co-Investment Teams and/or Investment Committees limited liability company formed under Transactions in lieu of the Regulated responsible for that Regulated Fund the laws of the state of Delaware, is Fund that owns it and that the Wholly- receive sufficient information to allow registered as an investment adviser Owned Investment Sub’s participation the Regulated Fund’s Adviser to make under the Advisers Act. Muzinich & Co., in any such transaction be treated, for its independent determination and a Delaware corporation, is registered as purposes of the Order, as though the recommendations under the Conditions. an investment adviser under the parent Regulated Fund were The Adviser to each applicable Advisers Act. Regulated Fund, working through the participating directly. 4. The Advisers, and any direct or applicable Investment Team and/or indirect, wholly- or majority-owned Applicants’ Representations Investment Committee, will then make subsidiary of an Adviser, may hold an independent determination of the various financial assets in a principal A. Allocation Process appropriateness of the investment for capacity (the ‘‘Muzinich Proprietary 6. Applicants represent that the the Regulated Fund in light of the Accounts’’). Advisers have established processes for Regulated Fund’s then-current 5. Applicants state that a Regulated circumstances. If the Adviser to a allocating initial investment Fund may, from time to time, form one Regulated Fund deems the Regulated opportunities, opportunities for or more Wholly-Owned Investment Fund’s participation in such Potential 7 subsequent investments in an issuer and Subs. Such a subsidiary may be Co-Investment Transaction to be prohibited from investing in a Co- dispositions of securities holdings appropriate, then it will, working Investment Transaction with a reasonably designed to treat all clients through the applicable Investment Team Regulated Fund (other than its parent) fairly and equitably. Further, applicants and/or Investment Committee, or any Affiliated Fund because it would represent that these processes will be formulate a recommendation regarding be a company controlled by its parent extended and modified in a manner the proposed order amount for the reasonably designed to ensure that the Regulated Fund. 4 Section 2(a)(48) defines a BDC to be any closed- additional transactions permitted under 8. Applicants state that, for each end investment company that operates for the the Order will both (i) be fair and Regulated Fund and Affiliated Fund purpose of making investments in securities described in section 55(a)(1) through 55(a)(3) and equitable to the Regulated Funds and whose Adviser recommends makes available significant managerial assistance the Affiliated Funds and (ii) comply participating in a Potential Co- with respect to the issuers of such securities. with the Conditions. 5 ‘‘Board’’ means (i) with respect to a Regulated 8 7. Specifically, applicants state that ‘‘Objectives and Strategies’’ means (i) with Fund other than a BDC Downstream Fund, the respect to any Regulated Fund other than a BDC board of directors (or the equivalent) of the the Advisers are organized and managed Downstream Fund, its investment objectives and Regulated Fund and (ii) with respect to a BDC such that the teams and/or committees strategies, as described in its most current filings Downstream Fund, the Independent Party of the of investment professionals and/or with the Commission under the Securities Act of BDC Downstream Fund. 1933 (the ‘‘Securities Act’’) or under the Securities ‘‘Independent Party’’ means, with respect to a members of senior management Exchange Act of 1934, as amended, and the Act, BDC Downstream Fund, (i) if the BDC Downstream (‘‘Investment Teams’’ and ‘‘Investment and its most current report to stockholders, and (ii) Fund has a board of directors (or the equivalent), Committees,’’ respectively) responsible with respect to any BDC Downstream Fund, those the board or (ii) if the BDC Downstream Fund does for evaluating investment opportunities investment objectives and strategies described in its not have a board of directors (or the equivalent), a disclosure documents (including private placement transaction committee or advisory committee of the and making investment decisions on memoranda and reports to equity holders) and BDC Downstream Fund. behalf of clients are promptly notified of organizational documents (including operating 6 ‘‘Independent Director’’ means a member of the the opportunities. Opportunities for agreements). Board of any relevant entity who is not an Potential Co-Investment Transactions 9 ‘‘Board-Established Criteria’’ means criteria that ‘‘interested person’’ as defined in section 2(a)(19) of the Board of a Regulated Fund may establish from the Act. No Independent Director of a Regulated may arise when investment advisory time to time to describe the characteristics of Fund (including any non-interested member of an personnel of an Adviser or a Muzinich Potential Co-Investment Transactions regarding Independent Party) will have a financial interest in Proprietary Account becomes aware of which the Adviser to the Regulated Fund should be any Co-Investment Transaction, other than notified under Condition 1. The Board-Established indirectly through share ownership in one of the investment opportunities that may be Criteria will be consistent with the Regulated Regulated Funds. appropriate for one or more Regulated Fund’s Objectives and Strategies. If no Board- 7 ‘‘Wholly-Owned Investment Sub’’ means any Funds and/or one or more Affiliated Established Criteria are in effect, then the Regulated entity (i) that is a ‘‘wholly-owned subsidiary’’ (as Funds. If the requested Order is granted, Fund’s Adviser will be notified of all Potential Co- defined in section 2(a)(43) of the Act) of a Regulated Investment Transactions that fall within the Fund; (ii) whose sole business purpose is to hold the Advisers will establish, maintain Regulated Fund’s then-current Objectives and one or more investments on behalf of such and implement policies and procedures Strategies. Board-Established Criteria will be Regulated Fund and in the case of a SBIC reasonably designed to ensure that, objective and testable, meaning that they will be Subsidiary (as defined below), maintain a license based on observable information, such as industry/ under the Small Business Investment Act of 1958 when such opportunities arise, the sector of the issuer, minimum EBITDA of the issuer, (‘‘SBA Act’’) and issue debentures guaranteed by Advisers to the relevant Regulated asset class of the investment opportunity or the Small Business Administration); (iii) that is Funds are promptly notified and receive required commitment size, and not on wholly-owned by a Regulated Fund (with such the same information about the characteristics that involve a discretionary Regulated Fund at all times holding, beneficially assessment. The Adviser to the Regulated Fund may and of record, 100% of the voting and economic opportunity as any other Advisers from time to time recommend criteria for the interests); (iv) with respect to which such Regulated considering the opportunity for their Board’s consideration, but Board-Established Fund’s Board has the sole authority to make all clients (including any Muzinich Criteria will only become effective if approved by determinations with respect to the entity’s a majority of the Independent Directors. The participation under the Conditions; and (v) that Proprietary Accounts considering the Independent Directors of a Regulated Fund may at would be an investment company but for section opportunity for themselves). In any time rescind, suspend or qualify its approval 3(c)(1) or 3(c)(7) of the Act. ‘‘SBIC Subsidiary’’ particular, consistent with Condition 1, of any Board-Established Criteria, though applicants means a Wholly-Owned Investment Sub that is if a Potential Co-Investment Transaction anticipate that, under normal circumstances, the licensed by the SBA to operate under the SBA Act Board would not modify these criteria more often as a small business investment company. falls within the then-current Objectives than quarterly.

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Investment Transaction, such Adviser’s circumstances applicable to the requirements of Standard Review Investment Committee will approve an Regulated Funds’ or the Affiliated Follow-Ons. investment amount. Prior to the Funds’ consideration of the opportunity, 12. A Regulated Fund would be External Submission (as defined below), change, the participants will be permitted to invest in Standard Review each proposed order amount may be permitted to submit revised Internal Follow-Ons either with the approval of reviewed and adjusted, in accordance Orders in accordance with written the Required Majority under Condition with the Advisers’ written allocation allocation policies and procedures that 8(c) or without Board approval under policies and procedures, by the the Advisers will establish, implement Condition 8(b) if it is (i) a Pro Rata applicable Adviser’s Investment and maintain.13 Follow-On Investment 16 or (ii) a Non- Committee.10 The order of a Regulated Negotiated Follow-On Investment.17 B. Follow-On Investments Fund or Affiliated Fund resulting from Applicants believe that these Pro Rata this process is referred to as its ‘‘Internal 10. Applicants state that from time to and Non-Negotiated Follow-On Order.’’ The Internal Order will be time the Regulated Funds and Affiliated Investments do not present a significant submitted for approval by the Required Funds may have opportunities to make opportunity for overreaching on the part Majority of any participating Regulated Follow-On Investments 14 in an issuer in of any Adviser and thus do not warrant Funds in accordance with the which a Regulated Fund and/or one or the time or the attention of the Board. Conditions.11 more other Regulated Funds, and/or one Pro Rata Follow-On Investments and 9. If the aggregate Internal Orders for or more Affiliated Funds previously Non-Negotiated Follow-On Investments a Potential Co-Investment Transaction have invested. remain subject to the Board’s periodic do not exceed the size of the investment 11. Applicants propose that Follow- review in accordance with Condition opportunity immediately prior to the On Investments would be divided into 10. submission of the orders to the two categories depending on whether C. Dispositions underwriter, broker, dealer or issuer, as the prior investment was a Co- applicable (the ‘‘External Submission’’), Investment Transaction or a Pre- 13. Applicants propose that then each Internal Order will be Boarding Investment.15 If the Regulated Dispositions 18 would be divided into fulfilled as placed. If, on the other hand, Funds and Affiliated Funds had two categories. If the Regulated Funds the aggregate Internal Orders for a previously participated in a Co- and Affiliated Funds holding Potential Co-Investment Transaction Investment Transaction with respect to investments in the issuer had previously exceed the size of the investment the issuer, then the terms and approval participated in a Co-Investment opportunity immediately prior to the of the Follow-On Investment would be Transaction with respect to the issuer, External Submission, then the allocation subject to the Standard Review Follow- then the terms and approval of the of the opportunity will be made pro rata Ons described in Condition 8. If the Disposition would be subject to the on the basis of the size of the Internal Regulated Funds and Affiliated Funds Standard Review Dispositions described Orders.12 If, subsequent to such External have not previously participated in a in Condition 6. If the Regulated Funds Submission, the size of the opportunity Co-Investment Transaction with respect and Affiliated Funds have not is increased or decreased, or if the terms to the issuer but hold a Pre-Boarding previously participated in a Co- of such opportunity, or the facts and Investment, then the terms and approval Investment Transaction with respect to of the Follow-On Investment would be the issuer but hold a Pre-Boarding 10 The reason for any such adjustment to a subject to the Enhanced-Review Follow- Investment, then the terms and approval proposed order amount will be documented in Ons described in Condition 9. All of the Disposition would be subject to writing and preserved in the records of each Enhanced Review Follow-Ons require the Enhanced Review Dispositions Adviser. the approval of the Required Majority. described in Condition 7. Subsequent 11 ‘‘Required Majority’’ means a required majority, as defined in section 57(o) of the Act. In For a given issuer, the participating the case of a Regulated Fund that is a registered Regulated Funds and Affiliated Funds 16 A ‘‘Pro Rata Follow-On Investment’’ is a closed-end fund, the Board members that make up would need to comply with the Follow-On Investment (i) in which the participation the Required Majority will be determined as if the requirements of Enhanced-Review of each Regulated Fund and each Affiliated Fund Regulated Fund were a BDC subject to section 57(o). is proportionate to its outstanding investments in In the case of a BDC Downstream Fund with a board Follow-Ons only for the first Co- the issuer or security, as appropriate, immediately of directors (or the equivalent), the members that Investment Transaction. Subsequent Co- preceding the Follow-On Investment, and (ii) in the make up the Required Majority will be determined Investment Transactions with respect to case of a Regulated Fund, a majority of the Board as if the BDC Downstream Fund were a BDC subject the issuer would be governed by the has approved the Regulated Fund’s participation in to section 57(o). In the case of a BDC Downstream the pro rata Follow-On Investments as being in the Fund with a transaction committee or advisory best interests of the Regulated Fund. The Regulated committee, the committee members that make up 13 The Board of the Regulated Fund will then Fund’s Board may refuse to approve, or at any time the Required Majority will be determined as if the either approve or disapprove of the investment rescind, suspend or qualify, its approval of Pro Rata BDC Downstream Fund were a BDC subject to opportunity in accordance with Condition 2, 6, 7, Follow-On Investments, in which case all section 57(o) and as if the committee members were 8 or 9, as applicable. subsequent Follow-On Investments will be directors of the fund. 14 ‘‘Follow-On Investment’’ means an additional submitted to the Regulated Fund’s Eligible Directors 12 The Advisers will maintain records of all investment in the same issuer, including, but not in accordance with Condition 8(c). proposed order amounts, Internal Orders and limited to, through the exercise of warrants, 17 A ‘‘Non-Negotiated Follow-On Investment’’ is a External Submissions in conjunction with Potential conversion privileges or other rights to purchase Follow-On Investment in which a Regulated Fund Co-Investment Transactions. Each applicable securities of the issuer. participates together with one or more Affiliated Adviser will provide the Eligible Directors with 15 ‘‘Pre-Boarding Investments’’ are investments in Funds and/or one or more other Regulated Funds information concerning the Affiliated Funds’ and an issuer held by a Regulated Fund as well as one (i) in which the only term negotiated by or on behalf Regulated Funds’ order sizes to assist the Eligible or more Affiliated Funds and/or one or more other of the funds is price and (ii) with respect to which, Directors with their review of the applicable Regulated Funds that (i) were acquired prior to if the transaction were considered on its own, the Regulated Fund’s investments for compliance with participating in any Co-Investment Transaction; (ii) funds would be entitled to rely on one of the JT No- the Conditions. were acquired in transactions in which the only Action Letters. ‘‘Eligible Directors’’ means, with respect to a term negotiated by or on behalf of such funds was ‘‘JT No-Action Letters’’ means SMC Capital, Inc., Regulated Fund and a Potential Co-Investment price; and (iii) were acquired either (x) in reliance SEC No-Action Letter (pub. avail. Sept. 5, 1995) and Transaction, the members of the Regulated Fund’s on one of the JT No-Action Letters (defined below); Massachusetts Mutual Life Insurance Company, Board eligible to vote on that Potential Co- or (y) in transactions occurring at least 90 days SEC No-Action Letter (pub. avail. June 7, 2000). Investment Transaction under section 57(o) of the apart and without coordination between the 18 ‘‘Disposition’’ means the sale, exchange or Act (treating any registered investment company or Regulated Fund and any Affiliated Fund or other other disposition of an interest in a security of an series thereof as a BDC for this purpose). Regulated Fund. issuer.

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Dispositions with respect to the same registration rights and any other rights, the extent that the Affiliated Funds and issuer would be governed by Condition so that none of them receives terms the Regulated Funds participating in 6 under the Standard Review more favorable than any other. such transactions fall within the Dispositions.19 However, the settlement date for an category of persons described by rule 14. A Regulated Fund may participate Affiliated Fund in a Co-Investment 17d–1 and/or section 57(b), as modified in a Standard Review Disposition either Transaction may occur up to ten by rule 57b–1 thereunder, as applicable, with the approval of the Required business days after the settlement date vis-a`-vis each participating Regulated Majority under Condition 6(d) or for the Regulated Fund, and vice versa. Fund. Muzinich BDC Adviser will without Board approval under Nevertheless, in all cases, (i) the date on control Muzinich BDC and any other Condition 6(c) if (i) the Disposition is a which the commitment of the Affiliated Adviser will be, controlling, controlled Pro Rata Disposition 20 or (ii) the Funds and Regulated Funds is made by or under common control with securities are Tradable Securities 21 and will be the same even where the Muzinich BDC Adviser. Each of the the Disposition meets the other settlement date is not and (ii) the participating Regulated Funds and requirements of Condition 6(c)(ii). Pro earliest settlement date and the latest Affiliated Funds may be deemed to be Rata Dispositions and Dispositions of a settlement date of any Affiliated Fund affiliated persons vis-a`-vis a Regulated Tradable Security remain subject to the or Regulated Fund participating in the Fund within the meaning of section Board’s periodic review in accordance transaction will occur within ten 2(a)(3) by reason of common control with Condition 10. business days of each other. because (i) an Adviser, that is either an D. Delayed Settlement E. Holders Existing Adviser or an entity that 15. Applicants represent that under 16. Under Condition 15, if an Adviser, controls, is controlled by, or under the terms and Conditions of the its principals, or any person controlling, common control with an Existing application, all Regulated Funds and controlled by, or under common control Adviser, will be the investment adviser Affiliated Funds participating in a Co- with the Adviser or its principals, and (and sub-adviser, if any) to each of the Investment Transaction will invest at the Affiliated Funds (collectively, the Regulated Funds and the Affiliated the same time, for the same price and ‘‘Holders’’) own in the aggregate more Funds (and, in the case of Muzinich with the same terms, conditions, class, than 25 percent of the outstanding Propretary Accounts which do not have voting shares of a Regulated Fund (the an investment adviser, such Muzinich 19 However, with respect to an issuer, if a ‘‘Shares’’), then the Holders will vote Proprietary Accounts will nonetheless Regulated Fund’s first Co-Investment Transaction is such Shares as required under be controlling, controlled by or under an Enhanced Review Disposition, and the Regulated Condition 15. common control with an Adviser); (ii) Fund does not dispose of its entire position in the Muzinich BDC Adviser is the Adviser Enhanced Review Disposition, then before such Regulated Fund may complete its first Standard Applicants’ Legal Analysis to, and may be deemed to control, Review Follow-On in such issuer, the Eligible 1. Section 17(d) of the Act and rule Muzinich BDC; and an Adviser will be Directors must review the proposed Follow-On 17d–1 under the Act prohibit the investment adviser and sub-adviser Investment not only on a stand-alone basis but also in relation to the total economic exposure in such participation by a registered investment to, and may be deemed to control, any issuer (i.e., in combination with the portion of the company and an affiliated person in any Future Regulated Fund; (iii) each BDC Pre-Boarding Investment not disposed of in the ‘‘joint enterprise or other joint Downstream Fund will be deemed to be Enhanced Review Disposition), and the other terms controlled by its BDC parent and/or its of the investments. This additional review would be arrangement or profit-sharing plan,’’ as required because such findings would not have defined in the rule, without prior BDC parent’s Adviser; and (iv) the been required in connection with the prior approval by the Commission by order Advisers are under common control. Enhanced Review Disposition, but they would have upon application. Section 17(d) of the Thus, each Regulated Fund and each been required had the first Co-Investment Affiliated Fund may be deemed to be a Transaction been an Enhanced Review Follow-On. Act and rule 17d–1 under the Act are 20 A ‘‘Pro Rata Disposition’’ is a Disposition (i) in applicable to Regulated Funds that are person related to a Regulated Fund or which the participation of each Regulated Fund and registered closed-end investment BDC Downstream Fund in a manner each Affiliated Fund is proportionate to its companies. described by section 57(b) (or section outstanding investment in the security subject to 2. Similarly, with regard to BDCs, 17(d) in the case of Regulated Funds Disposition immediately preceding the Disposition; and (ii) in the case of a Regulated Fund, a majority section 57(a)(4) of the Act generally that are registered under the Act); and of the Board has approved the Regulated Fund’s prohibits certain persons specified in therefore would be prohibited by participation in pro rata Dispositions as being in the section 57(b) from participating in joint section 57(a)(4) (or section 17(d) in the best interests of the Regulated Fund. The Regulated case of Regulated Funds that are Fund’s Board may refuse to approve, or at any time transactions with the BDC or a company rescind, suspend or qualify, its approval of Pro Rata controlled by the BDC in contravention registered under the Act) and rule 17d– Dispositions, in which case all subsequent of rules as prescribed by the 1 from participating in Co-Investment Dispositions will be submitted to the Regulated Commission. Section 57(i) of the Act Transactions. Further, because the BDC Fund’s Eligible Directors. provides that, until the Commission Downstream Funds and Wholly-Owned 21 ‘‘Tradable Security’’ means a security that meets the following criteria at the time of prescribes rules under section 57(a)(4), Investment Subs will be controlled by Disposition: (i) It trades on a national securities the Commission’s rules under section the Regulated Funds, the BDC exchange or designated offshore securities market 17(d) of the Act applicable to registered Downstream Funds and Wholly-Owned as defined in rule 902(b) under the Securities Act; Investment Subs are subject to section (ii) it is not subject to restrictive agreements with closed-end investment companies will the issuer or other security holders; and (iii) it be deemed to apply to transactions 57(a)(4) (or section 17(d) in the case of trades with sufficient volume and liquidity subject to section 57(a)(4). Because the Wholly-Owned Investment Subs (findings as to which are documented by the Commission has not adopted any rules controlled by Regulated Funds that are Advisers to any Regulated Funds holding registered under the Act) and thus investments in the issuer and retained for the life under section 57(a)(4), rule 17d–1 also of the Regulated Fund) to allow each Regulated applies to joint transactions with would also be subject to the provisions Fund to dispose of its entire position remaining Regulated Funds that are BDCs. of rule 17d–1. In addition, the Muzinich after the proposed Disposition within a short period 3. Co-Investment Transactions are Proprietary Accounts are entities that of time not exceeding 30 days at approximately the are or will be controlling, controlled by value (as defined by section 2(a)(41) of the Act) at prohibited by either or both of rule 17d– which the Regulated Fund has valued the 1 and section 57(a)(4) without a prior or under common control with investment. exemptive order of the Commission to Muzinich BDC Adviser. Thus, the

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Muzinich Proprietary Accounts may be Condition 1(a), the Adviser will make Regulated Fund would not be on a basis deemed to be persons related to a an independent determination of the different from, or less advantageous Regulated Fund in a manner described appropriateness of the investment for than, that of any other Regulated by section 57(b) (or section 17(d) in the the Regulated Fund in light of the Fund(s) or Affiliated Fund(s) case of Regulated Funds that are Regulated Fund’s then-current participating in the transaction; registered under the Act) and rule 17d– circumstances. provided that the Required Majority 1 from participating in the Co- 2. Board Approvals of Co-Investment shall not be prohibited from reaching Investment Program. Transactions. the conclusions required by this 4. In passing upon applications under (a) If the Adviser deems a Regulated Condition 2(c)(iii) if: rule 17d–1, the Commission considers Fund’s participation in any Potential (A) The settlement date for another whether the company’s participation in Co-Investment Transaction to be Regulated Fund or an Affiliated Fund in the joint transaction is consistent with appropriate for the Regulated Fund, it a Co-Investment Transaction is later the provisions, policies, and purposes of will then determine an appropriate level than the settlement date for the the Act and the extent to which such of investment for the Regulated Fund. participation is on a basis different from (b) If the aggregate amount Regulated Fund by no more than ten or less advantageous than that of other recommended by the Advisers to be business days or earlier than the participants. invested in the Potential Co-Investment settlement date for the Regulated Fund 5. Applicants state that in the absence Transaction by the participating by no more than ten business days, in of the requested relief, in many Regulated Funds and any participating either case, so long as: (x) The date on circumstances the Regulated Funds Affiliated Funds, collectively, exceeds which the commitments of the would be limited in their ability to the amount of the investment Affiliated Funds and Regulated Funds participate in attractive and appropriate opportunity, the investment opportunity are made is the same; and (y) the earliest investment opportunities. Applicants will be allocated among them pro rata settlement date and the latest settlement state that, as required by rule 17d–1(b), based on the size of the Internal Orders, date of any Affiliated Fund or Regulated the Conditions ensure that the terms on as described in section III.A.1.b. of the Fund participating in the transaction which Co-Investment Transactions may application. Each Adviser to a will occur within ten business days of be made will be consistent with the participating Regulated Fund will each other; or participation of the Regulated Funds promptly notify and provide the Eligible (B) any other Regulated Fund or being on a basis that it is neither Directors with information concerning Affiliated Fund, but not the Regulated different from nor less advantageous the Affiliated Funds’ and Regulated Fund itself, gains the right to nominate than other participants, thus protecting Funds’ order sizes to assist the Eligible a director for election to a portfolio the equity holders of any participant Directors with their review of the company’s board of directors, the right from being disadvantaged. Applicants applicable Regulated Fund’s to have a board observer or any similar further state that the Conditions ensure investments for compliance with these right to participate in the governance or that all Co-Investment Transactions are Conditions. management of the portfolio company reasonable and fair to the Regulated (c) After making the determinations so long as: (x) The Eligible Directors will Funds and their shareholders and do required in Condition 1(b) above, each have the right to ratify the selection of not involve overreaching by any person Adviser to a participating Regulated such director or board observer, if any; concerned, including the Advisers. Fund will distribute written information (y) the Adviser agrees to, and does, Applicants state that the Regulated concerning the Potential Co-Investment provide periodic reports to the Funds’ participation in the Co- Transaction (including the amount Regulated Fund’s Board with respect to Investment Transactions in accordance proposed to be invested by each the actions of such director or the with the Conditions will be consistent participating Regulated Fund and each information received by such board with the provisions, policies, and participating Affiliated Fund) to the observer or obtained through the purposes of the Act and would be done Eligible Directors of its participating exercise of any similar right to in a manner that is not different from, Regulated Fund(s) for their participate in the governance or or less advantageous than, that of other consideration. A Regulated Fund will management of the portfolio company; participants. enter into a Co-Investment Transaction and (z) any fees or other compensation with one or more other Regulated Funds that any other Regulated Fund or Applicants’ Conditions or Affiliated Funds only if, prior to the Affiliated Fund or any affiliated person Applicants agree that the Order will Regulated Fund’s participation in the of any other Regulated Fund or be subject to the following Conditions: Potential Co-Investment Transaction, a Affiliated Fund receives in connection 1. Identification and Referral of Required Majority concludes that: with the right of one or more Regulated Potential Co-Investment Transactions (i) The terms of the transaction, Funds or Affiliated Funds to nominate (a) The Advisers will establish, including the consideration to be paid, a director or appoint a board observer or maintain and implement policies and are reasonable and fair to the Regulated otherwise to participate in the procedures reasonably designed to Fund and its equity holders and do not governance or management of the ensure that each Adviser is promptly involve overreaching in respect of the portfolio company will be shared notified, for each Regulated Fund the Regulated Fund or its equity holders on proportionately among any participating Adviser manages, of all Potential Co- the part of any person concerned; Affiliated Funds (who may, in turn, Investment Transactions that (i) an (ii) the transaction is consistent with: share their portion with their affiliated Adviser considers for any other (A) The interests of the Regulated persons) and any participating Regulated Fund or Affiliated Fund and Fund’s equity holders; and Regulated Fund(s) in accordance with (ii) fall within the Regulated Fund’s (B) the Regulated Fund’s then-current the amount of each such party’s then-current Objectives and Strategies Objectives and Strategies; investment; and and Board-Established Criteria. (iii) the investment by any other (b) When an Adviser to a Regulated Regulated Fund(s) or Affiliated Fund(s) (iv) the proposed investment by the Fund is notified of a Potential Co- would not disadvantage the Regulated Regulated Fund will not involve Investment Transaction under Fund, and participation by the compensation, remuneration or a direct

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or indirect 22 financial benefit to the of directors, the right to have an only term negotiated by or on behalf of Advisers, any other Regulated Funds, observer on the board of directors or the participating Regulated Funds and the Affiliated Funds or any affiliated similar rights to participate in the Affiliated Funds is price. person of any of them (other than the governance or management of the (d) Standard Board Approval. In all parties to the Co-Investment portfolio company will not be other cases, the Adviser will provide its Transaction), except (A) to the extent interpreted so as to violate this written recommendation as to the permitted by Condition 14, (B) to the Condition 5, if Condition 2(c)(iii)(B) is Regulated Fund’s participation to the extent permitted by section 17(e) or met. Eligible Directors and the Regulated 57(k), as applicable, (C) indirectly, as a 6. Standard Review Dispositions. Fund will participate in such result of an interest in the securities (a) General. If any Regulated Fund or Disposition solely to the extent that a issued by one of the parties to the Co- Affiliated Fund elects to sell, exchange Required Majority determines that it is Investment Transaction, or (D) in the or otherwise dispose of an interest in a in the Regulated Fund’s best interests. case of fees or other compensation security and one or more Regulated 7. Enhanced Review Dispositions. described in Condition 2(c)(iii)(B)(z). Funds and/or Affiliated Funds have (a) General. If any Regulated Fund or 3. Right to Decline. Each Regulated previously participated in a Co- Affiliated Fund elects to sell, exchange Fund has the right to decline to Investment Transaction with respect to or otherwise dispose of a Pre-Boarding participate in any Potential Co- the issuer: Investment in a Potential Co-Investment Investment Transaction or to invest less (i) The Adviser to such Regulated Transaction and the Regulated Funds than the amount proposed. Fund or Affiliated Fund,25 as and Affiliated Funds have not 4. General Limitation. Except for applicable, will notify each Regulated previously participated in a Co- Follow-On Investments made in Fund that holds an investment in the Investment Transaction with respect to accordance with Conditions 8 and 9 issuer of the proposed Disposition at the 23 the issuer: below, a Regulated Fund will not earliest practical time; and (i) The Adviser to such Regulated invest in reliance on the Order in any (ii) the Adviser to each Regulated Fund or Affiliated Fund, as applicable, issuer in which a Related Party has an Fund that holds an investment in the will notify each Regulated Fund that investment.24 issuer will formulate a recommendation holds an investment in the issuer of the 5. Same Terms and Conditions. A as to participation by such Regulated Regulated Fund will not participate in proposed Disposition at the earliest Fund in the Disposition. practical time; any Potential Co-Investment (b) Same Terms and Conditions. Each Transaction unless (i) the terms, (ii) the Adviser to each Regulated Regulated Fund will have the right to Fund that holds an investment in the conditions, price, class of securities to participate in such Disposition on a be purchased, date on which the issuer will formulate a recommendation proportionate basis, at the same price as to participation by such Regulated commitment is entered into and and on the same terms and conditions registration rights (if any) will be the Fund in the Disposition; and as those applicable to the Affiliated (iii) the Advisers will provide to the same for each participating Regulated Funds and any other Regulated Funds. Fund and Affiliated Fund and (ii) the Board of each Regulated Fund that (c) No Board Approval Required. A holds an investment in the issuer all earliest settlement date and the latest Regulated Fund may participate in such settlement date of any participating information relating to the existing a Disposition without obtaining prior investments in the issuer of the Regulated Fund or Affiliated Fund will approval of the Required Majority if: occur as close in time as practicable and Regulated Funds and Affiliated Funds, (i) (A) The participation of each including the terms of such investments in no event more than ten business days Regulated Fund and Affiliated Fund in apart. The grant to one or more and how they were made, that is such Disposition is proportionate to its necessary for the Required Majority to Regulated Funds or Affiliated Funds, then-current holding of the security (or but not the respective Regulated Fund, make the findings required by this securities) of the issuer that is (or are) Condition. of the right to nominate a director for the subject of the Disposition; 26 (B) the election to a portfolio company’s board (b) Enhanced Board Approval. The Board of the Regulated Fund has Adviser will provide its written approved as being in the best interests 22 For example, procuring the Regulated Fund’s recommendation as to the Regulated investment in a Potential Co-Investment of the Regulated Fund the ability to Fund’s participation to the Eligible Transaction to permit an affiliate to complete or participate in such Dispositions on a pro Directors, and the Regulated Fund will obtain better terms in a separate transaction would rata basis (as described in greater detail participate in such Disposition solely to constitute an indirect financial benefit. in the application); and (C) the Board of 23 This exception applies only to Follow-On the extent that a Required Majority Investments by a Regulated Fund in issuers in the Regulated Fund is provided on a determines that: which that Regulated Fund already holds quarterly basis with a list of all (i) The Disposition complies with investments. Dispositions made in accordance with Condition 2(c)(i), (ii), (iii)(A), and (iv); 24 ‘‘Related Party’’ means (i) any Close Affiliate this Condition; or and and (ii) in respect of matters as to which any (ii) each security is a Tradable Adviser has knowledge, any Remote Affiliate. (ii) the making and holding of the Pre- ‘‘Close Affiliate’’ means the Advisers, the Security and (A) the Disposition is not Boarding Investments were not Regulated Funds and the Affiliated Funds and any to the issuer or any affiliated person of prohibited by section 57 or rule 17d–1, other person described in section 57(b) (after giving the issuer; and (B) the security is sold as applicable, and records the basis for effect to rule 57b–1) in respect of any Regulated for cash in a transaction in which the Fund (treating any registered investment company the finding in the Board minutes. or series thereof as a BDC for this purpose) except (c) Additional Requirements: The for limited partners included solely by reason of the 25 Any Muzinich Proprietary Account that is not reference in section 57(b) to section 2(a)(3)(D). advised by an Adviser is itself deemed to be an Disposition may only be completed in ‘‘Remote Affiliate’’ means any person described Adviser for purposes of Conditions 6(a)(i), 7(a)(i), reliance on the Order if: in section 57(e) in respect of any Regulated Fund 8(a)(i) and 9(a)(i). (i) Same Terms and Conditions. Each (treating any registered investment company or 26 In the case of any Disposition, proportionality Regulated Fund has the right to series thereof as a BDC for this purpose) and any will be measured by each participating Regulated participate in such Disposition on a limited partner holding 5% or more of the relevant Fund’s and Affiliated Fund’s outstanding limited partner interests that would be a Close investment in the security in question immediately proportionate basis, at the same price Affiliate but for the exclusion in that definition. preceding the Disposition. and on the same terms and Conditions

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as those applicable to the Affiliated Fund that holds securities of the Regulated Fund is not based on the Funds and any other Regulated Funds; portfolio company of the proposed Regulated Funds’ and the Affiliated (ii) Original Investments. All of the transaction at the earliest practical time; Funds’ outstanding investments in the Affiliated Funds’ and Regulated Funds’ and issuer or the security at issue, as investments in the issuer are Pre- (ii) the Adviser to each Regulated appropriate, immediately preceding the Boarding Investments; Fund that holds an investment in the Follow-On Investment; and (iii) Advice of counsel. Independent issuer will formulate a recommendation (ii) the aggregate amount counsel to the Board advises that the as to the proposed participation, recommended by the Advisers to be making and holding of the investments including the amount of the proposed invested in the Follow-On Investment in the Pre-Boarding Investments were investment, by such Regulated Fund. by the participating Regulated Funds not prohibited by section 57 (as (b) No Board Approval Required. A and any participating Affiliated Funds, modified by rule 57b–1) or rule 17d–1, Regulated Fund may participate in the collectively, exceeds the amount of the as applicable; Follow-On Investment without investment opportunity, then the (iv) Multiple Classes of Securities. All obtaining prior approval of the Required Follow-On Investment opportunity will Regulated Funds and Affiliated Funds Majority if: be allocated among them pro rata based that hold Pre-Boarding Investments in (i) (A) The proposed participation of on the size of the Internal Orders, as the issuer immediately before the time each Regulated Fund and each described in section III.A.1.b. of the of completion of the Co-Investment Affiliated Fund in such investment is application. Transaction hold the same security or proportionate to its outstanding (e) Other Conditions. The acquisition securities of the issuer. For the purpose investments in the issuer or the security of Follow-On Investments as permitted 28 of determining whether the Regulated at issue, as appropriate, immediately by this Condition will be considered a Funds and Affiliated Funds hold the preceding the Follow-On Investment; Co-Investment Transaction for all same security or securities, they may and (B) the Board of the Regulated Fund purposes and subject to the other disregard any security held by some but has approved as being in the best Conditions set forth in the application. not all of them if, prior to relying on the interests of the Regulated Fund the 9. Enhanced Review Follow-Ons. Order, the Required Majority is ability to participate in Follow-On (a) General. If any Regulated Fund or presented with all information Investments on a pro rata basis (as Affiliated Fund desires to make a necessary to make a finding, and finds, described in greater detail in the Follow-On Investment in an issuer that that: (x) Any Regulated Fund’s or application); or is a Potential Co-Investment Transaction (ii) it is a Non-Negotiated Follow-On Affiliated Fund’s holding of a different and the Regulated Funds and Affiliated Investment. Funds holding investments in the issuer class of securities (including for this (c) Standard Board Approval. In all purpose a security with a different have not previously participated in a 27 other cases, the Adviser will provide its Co-Investment Transaction with respect maturity date) is immaterial in written recommendation as to the amount, including immaterial relative to to the issuer: Regulated Fund’s participation to the (i) The Adviser to each such the size of the issuer; and (y) the Board Eligible Directors and the Regulated Regulated Fund or Affiliated Fund, as records the basis for any such finding in Fund will participate in such Follow-On applicable, will notify each Regulated its minutes. In addition, securities that Investment solely to the extent that a Fund that holds securities of the differ only in respect of issuance date, Required Majority makes the portfolio company of the proposed currency, or denominations may be determinations set forth in Condition transaction at the earliest practical time; treated as the same security; and 2(c). If the only previous Co-Investment (ii) the Adviser to each Regulated (v) No control. The Affiliated Funds, Transaction with respect to the issuer Fund that holds an investment in the the other Regulated Funds and their was an Enhanced Review Disposition issuer will formulate a recommendation affiliated persons (within the meaning the Eligible Directors must complete as to the proposed participation, of section 2(a)(3)(C) of the Act), this review of the proposed Follow-On including the amount of the proposed individually or in the aggregate, do not Investment both on a stand-alone basis investment, by such Regulated Fund; control the issuer of the securities and together with the Pre-Boarding and (within the meaning of section 2(a)(9) of Investments in relation to the total (iii) the Advisers will provide to the the Act). economic exposure and other terms of Board of each Regulated Fund that 8. Standard Review Follow-Ons. the investment. holds an investment in the issuer all (a) General. If any Regulated Fund or (d) Allocation. If, with respect to any information relating to the existing Affiliated Fund desires to make a such Follow-On Investment: investments in the issuer of the Follow-On Investment in an issuer and (i) the amount of the opportunity Regulated Funds and Affiliated Funds, the Regulated Funds and Affiliated proposed to be made available to any including the terms of such investments Funds holding investments in the issuer and how they were made, that is previously participated in a Co- 28 To the extent that a Follow-On Investment necessary for the Required Majority to opportunity is in a security or arises in respect of Investment Transaction with respect to make the findings required by this the issuer: a security held by the participating Regulated Funds and Affiliated Funds, proportionality will be Condition. (i) The Adviser to each such measured by each participating Regulated Fund’s (b) Enhanced Board Approval. The Regulated Fund or Affiliated Fund, as and Affiliated Fund’s outstanding investment in the Adviser will provide its written applicable, will notify each Regulated security in question immediately preceding the Follow-On Investment using the most recent recommendation as to the Regulated available valuation thereof. To the extent that a Fund’s participation to the Eligible 27 In determining whether a holding is Follow-On Investment opportunity relates to an Directors, and the Regulated Fund will ‘‘immaterial’’ for purposes of the Order, the opportunity to invest in a security that is not in Required Majority will consider whether the nature respect of any security held by any of the participate in such Follow-On and extent of the interest in the transaction or participating Regulated Funds or Affiliated Funds, Investment solely to the extent that a arrangement is sufficiently small that a reasonable proportionality will be measured by each Required Majority reviews the proposed person would not believe that the interest affected participating Regulated Fund’s and Affiliated Follow-On Investment both on a stand- the determination of whether to enter into the Fund’s outstanding investment in the issuer transaction or arrangement or the terms of the immediately preceding the Follow-On Investment alone basis and together with the Pre- transaction or arrangement. using the most recent available valuation thereof. Boarding Investments in relation to the

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total economic exposure and other issuer or the security at issue, as 38a-1(a)(4), will prepare an annual terms and makes the determinations set appropriate, immediately preceding the report for its Board each year that forth in Condition 2(c). In addition, the Follow-On Investment; and evaluates (and documents the basis of Follow-On Investment may only be (ii) the aggregate amount that evaluation) the Regulated Fund’s completed in reliance on the Order if recommended by the Advisers to be compliance with the terms and the Required Majority of each invested in the Follow-On Investment Conditions of the application and the participating Regulated Fund by the participating Regulated Funds procedures established to achieve such determines that the making and holding and any participating Affiliated Funds, compliance. In the case of a BDC of the Pre-Boarding Investments were collectively, exceeds the amount of the Downstream Fund that does not have a not prohibited by section 57 (as investment opportunity, then the chief compliance officer, the chief modified by rule 57b–1) or rule 17d–1, Follow-On Investment opportunity will compliance officer of the BDC that as applicable. The basis for the Board’s be allocated among them pro rata based controls the BDC Downstream Fund will findings will be recorded in its minutes. on the size of the Internal Orders, as prepare the report for the relevant (c) Additional Requirements. The described in section III.A.1.b. of the Independent Party. Follow-On Investment may only be application. (d) The Independent Directors completed in reliance on the Order if: (e) Other Conditions. The acquisition (including the non-interested members (i) Original Investments. All of the of Follow-On Investments as permitted of each Independent Party) will Affiliated Funds’ and Regulated Funds’ by this Condition will be considered a consider at least annually whether investments in the issuer are Pre- Co-Investment Transaction for all continued participation in new and Boarding Investments; purposes and subject to the other existing Co-Investment Transactions is (ii) Advice of counsel. Independent Conditions set forth in the application. in the Regulated Fund’s best interests. counsel to the Board advises that the 10. Board Reporting, Compliance and 11. Record Keeping. Each Regulated making and holding of the investments Annual Re-Approval. Fund will maintain the records required in the Pre-Boarding Investments were (a) Each Adviser to a Regulated Fund by section 57(f)(3) of the Act as if each will present to the Board of each not prohibited by section 57 (as of the Regulated Funds were a BDC and Regulated Fund, on a quarterly basis, modified by rule 57b–1) or rule 17d–1, each of the investments permitted under and at such other times as the Board as applicable; these Conditions were approved by the (iii) Multiple Classes of Securities. All may request, (i) a record of all Required Majority under section 57(f). Regulated Funds and Affiliated Funds investments in Potential Co-Investment 12. Director Independence. No that hold Pre-Boarding Investments in Transactions made by any of the other Independent Director (including the the issuer immediately before the time Regulated Funds or any of the Affiliated non-interested members of any of completion of the Co-Investment Funds during the preceding quarter that Independent Party) of a Regulated Fund Transaction hold the same security or fell within the Regulated Fund’s then- will also be a director, general partner, securities of the issuer. For the purpose current Objectives and Strategies and managing member or principal, or of determining whether the Regulated Board-Established Criteria that were not otherwise be an ‘‘affiliated person’’ (as Funds and Affiliated Funds hold the made available to the Regulated Fund, defined in the Act) of any Affiliated same security or securities, they may and an explanation of why such Fund. investment opportunities were not made disregard any security held by some but 13. Expenses. The expenses, if any, available to the Regulated Fund; (ii) a not all of them if, prior to relying on the associated with acquiring, holding or record of all Follow-On Investments in Order, the Required Majority is disposing of any securities acquired in and Dispositions of investments in any presented with all information a Co-Investment Transaction (including, issuer in which the Regulated Fund necessary to make a finding, and finds, without limitation, the expenses of the holds any investments by any Affiliated that: (x) Any Regulated Fund’s or distribution of any such securities Fund or other Regulated Fund during Affiliated Fund’s holding of a different registered for sale under the Securities the prior quarter; and (iii) all class of securities (including for this Act) will, to the extent not payable by information concerning Potential Co- purpose a security with a different the Advisers under their respective Investment Transactions and Co- maturity date) is immaterial in amount, advisory agreements with the Regulated Investment Transactions, including including immaterial relative to the size Funds and the Affiliated Funds, be investments made by other Regulated of the issuer; and (y) the Board records shared by the Regulated Funds and the Funds, or Affiliated Funds that the the basis for any such finding in its participating Affiliated Funds in Regulated Fund considered but declined minutes. In addition, securities that proportion to the relative amounts of the to participate in, so that the differ only in respect of issuance date, securities held or being acquired or Independent Directors, may determine currency, or denominations may be disposed of, as the case may be. whether all Potential Co-Investment treated as the same security; and 14. Transaction Fees.29 Any (iv) No control. The Affiliated Funds, Transactions and Co-Investment transaction fee (including break-up, the other Regulated Funds and their Transactions during the preceding structuring, monitoring or commitment affiliated persons (within the meaning quarter, including those investments fees but excluding brokerage or of section 2(a)(3)(C) of the Act), that the Regulated Fund considered but underwriting compensation permitted individually or in the aggregate, do not declined to participate in, comply with by section 17(e) or 57(k)) received in control the issuer of the securities the Conditions. connection with any Co-Investment (within the meaning of section 2(a)(9) of (b) All information presented to the Transaction will be distributed to the the Act). Regulated Fund’s Board pursuant to this (d) Allocation. If, with respect to any Condition will be kept for the life of the participants on a pro rata basis based on such Follow-On Investment: Regulated Fund and at least two years the amounts they invested or (i) The amount of the opportunity thereafter, and will be subject to committed, as the case may be, in such proposed to be made available to any examination by the Commission and its 29 Applicants are not requesting and the Regulated Fund is not based on the staff. Commission is not providing any relief for Regulated Funds’ and the Affiliated (c) Each Regulated Fund’s chief transaction fees received in connection with any Funds’ outstanding investments in the compliance officer, as defined in rule Co-Investment Transaction.

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Co-Investment Transaction. If any Commission, and recording secretaries cultural significance, and, further, that transaction fee is to be held by an will attend the closed meeting. Certain their temporary exhibition or display Adviser pending consummation of the staff members who have an interest in within the United States as transaction, the fee will be deposited the matters also may be present. aforementioned is in the national into an account maintained by the In the event that the time, date, or interest. I have ordered that Public Adviser at a bank or banks having the location of this meeting changes, an Notice of these determinations be qualifications prescribed in section announcement of the change, along with published in the Federal Register. 26(a)(1), and the account will earn a the new time, date, and/or place of the FOR FURTHER INFORMATION CONTACT: Chi competitive rate of interest that will also meeting will be posted on the D. Tran, Program Administrator, Office be divided pro rata among the Commission’s website at https:// of the Legal Adviser, U.S. Department of participants. None of the Advisers, the www.sec.gov. State (telephone: 202–632–6471; email: Affiliated Funds, the other Regulated The General Counsel of the [email protected]). The mailing Funds or any affiliated person of the Commission, or his designee, has address is U.S. Department of State, L/ Affiliated Funds or the Regulated Funds certified that, in his opinion, one or PD, SA–5, Suite 5H03, Washington, DC will receive any additional more of the exemptions set forth in 5 20522–0505. compensation or remuneration of any U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) SUPPLEMENTARY INFORMATION: The kind as a result of or in connection with and (10) and 17 CFR 200.402(a)(3), foregoing determinations were made a Co-Investment Transaction other than (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and pursuant to the authority vested in me (i) in the case of the Regulated Funds, (a)(10), permit consideration of the by the Act of October 19, 1965 (79 Stat. and the Affiliated Funds, the pro rata scheduled matters at the closed meeting. 985; 22 U.S.C. 2459), E.O. 12047 of transaction fees described above and The subject matter of the closed March 27, 1978, the Foreign Affairs fees or other compensation described in meeting will consist of the following Reform and Restructuring Act of 1998 Condition 2(c)(iii)(B)(z), (ii) brokerage or topics: (112 Stat. 2681, et seq.; 22 U.S.C. 6501 underwriting compensation permitted Institution and settlement of note, et seq.), Delegation of Authority by section 17(e) or 57(k) or (iii) in the injunctive actions; No. 234 of October 1, 1999, and case of the Advisers, investment Institution and settlement of Delegation of Authority No. 236–3 of advisory compensation paid in administrative proceedings; August 28, 2000. accordance with investment advisory Resolution of litigation claims; and Other matters relating to examinations Matthew R. Lussenhop, agreements between the applicable and enforcement proceedings. Acting Assistant Secretary, Bureau of Regulated Fund(s) or Affiliated Fund(s) At times, changes in Commission Educational and Cultural Affairs, Department and its Adviser. of State. 15. Independence. If the Holders own priorities require alterations in the in the aggregate more than 25 percent of scheduling of meeting agenda items that [FR Doc. 2021–02469 Filed 2–5–21; 8:45 am] the Shares of a Regulated Fund, then the may consist of adjudicatory, BILLING CODE 4710–05–P Holders will vote such Shares in the examination, litigation, or regulatory matters. percentages as the Regulated Fund’s DEPARTMENT OF STATE other shareholders (not including the CONTACT PERSON FOR MORE INFORMATION: Holders) when voting on (1) the election For further information; please contact [Public Notice:11350] of directors; (2) the removal of one or Vanessa A. Countryman from the Office more directors; or (3) any other matter of the Secretary at (202) 551–5400. Notice of Determinations; Culturally under either the Act or applicable State Dated: February 4, 2021. Significant Objects Being Imported for Exhibition—Determinations: ‘‘Projects: law affecting the Board’s composition, Vanessa A. Countryman, Gabrielle L’Hirondelle Hill’’ Exhibition size or manner of election. Secretary. For the Commission, by the Division of [FR Doc. 2021–02657 Filed 2–4–21; 4:15 pm] SUMMARY: Notice is hereby given of the Investment Management, under delegated BILLING CODE 8011–01–P following determinations: I hereby authority. determine that certain objects being J. Matthew DeLesDernier, imported from abroad pursuant to Assistant Secretary. DEPARTMENT OF STATE agreements with their foreign owners or [FR Doc. 2021–02468 Filed 2–5–21; 8:45 am] custodians for temporary display in the [Public Notice: 11349] BILLING CODE 8011–01–P exhibition ‘‘Projects: Gabrielle L’Hirondelle Hill’’ at the Museum of Notice of Determinations; Culturally Modern Art’s Sue and Edgar Significant Objects Being Imported for Wachenheim III Gallery, in New York, SECURITIES AND EXCHANGE Exhibition—Determinations: ‘‘Cubism New York, and at possible additional COMMISSION in Color: The Still Lifes of Juan Gris’’ exhibitions or venues yet to be Exhibition Sunshine Act Meetings determined, are of cultural significance, SUMMARY: Notice is hereby given of the and, further, that their temporary TIME AND DATE: 2:00 p.m. on Thursday, following determinations: I hereby exhibition or display within the United February 11, 2021. determine that certain objects being States as aforementioned is in the PLACE: The meeting will be held via imported from abroad pursuant to national interest. I have ordered that remote means and/or at the agreements with their foreign owners or Public Notice of these determinations be Commission’s headquarters, 100 F custodians for temporary display in the published in the Federal Register. Street NE, Washington, DC 20549. exhibition ‘‘Cubism in Color: The Still FOR FURTHER INFORMATION CONTACT: Chi STATUS: This meeting will be closed to Lifes of Juan Gris’’ at the Dallas Museum D. Tran, Program Administrator, Office the public. of Art, Dallas, Texas, at the Baltimore of the Legal Adviser, U.S. Department of MATTERS TO BE CONSIDERED: Museum of Art, Baltimore, Maryland, State (telephone: 202–632–6471; email: Commissioners, Counsel to the and at possible additional exhibitions or [email protected]). The mailing Commissioners, the Secretary to the venues yet to be determined, are of address is U.S. Department of State, L/

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PD, SA–5, Suite 5H03, Washington, DC On October 17, 2019, the UK and EU inquiries. The required FAA Noise 20522–0505. agreed to the withdrawal of the UK from Portal fields represent the minimum SUPPLEMENTARY INFORMATION: The the EU and the European Atomic Energy amount of information the FAA needs to foregoing determinations were made Community (Withdrawal Agreement). address the public’s noise complaint or pursuant to the authority vested in me As part of the Withdrawal Agreement, question and includes: name, email, by the Act of October 19, 1965 (79 Stat. the UK and EU agreed to a transition address or cross street and a description 985; 22 U.S.C. 2459), E.O. 12047 of period, which ended on December 31, of the noise complaint or inquiry. It is March 27, 1978, the Foreign Affairs 2020. For 2021, the U.S. Trade important to know the person’s name Reform and Restructuring Act of 1998 Representative has determined that the and email address to respond and track (112 Stat. 2681, et seq.; 22 U.S.C. 6501 UK will continue to be eligible to export the complaint. The FAA will not note, et seq.), Delegation of Authority under U.S. TRQs allocated to the EU respond to the same complaint from the No. 234 of October 1, 1999, and under Additional U.S. Notes 6, 16 to 23, same person more than once. The Delegation of Authority No. 236–3 of and 25 to Chapter 4 and Note 5 to address or cross street is needed for the August 28, 2000. Chapter 24 of the HTSUS. Additional FAA to determine potential sources of information about certain dairy TRQs is the aircraft noise issues as most people Matthew R. Lussenhop, available in the U.S. Department of complain about aircraft in the vicinity of Acting Assistant Secretary, Bureau of Agriculture’s notice Information on their residence. The description is used Educational and Cultural Affairs, Department Dairy Import Licenses for the 2021 to provide additional details for the of State. Tariff-Rate Quota (TRQ) Year—United FAA to better address the complaint or [FR Doc. 2021–02470 Filed 2–5–21; 8:45 am] Kingdom Designation of Importers for question. BILLING CODE 4710–05–P Dairy Import Licenses (85 FR 70127), DATES: Written comments should be which provides, in part, that for the submitted by April 9, 2021. 2021 quota year, the UK Government ADDRESSES: Please send written OFFICE OF THE UNITED STATES may designate importers for licenses for comments: TRADE REPRESENTATIVE the quantities of cheese that have By Electronic Docket: historically been supplied by UK www.regulations.gov (Enter docket Information on 2021 Tariff-Rate Quotas exporters under designated licenses for number into search field). for Exports From the United Kingdom Cheese and Curd (Note 16), Blue Mold By mail: Idurre L. Isasa-Cowan, (Note 17), and Cheddar (Note 18). Federal Aviation Administration, AEE, AGENCY: Office of the United States 800 Independence Avenue SW, Suite Trade Representative. Julie Callahan, 900W, Washington, DC 20591. ACTION: Notice. Assistant U.S. Trade Representative for Agricultural Affairs and Commodity Policy, FOR FURTHER INFORMATION CONTACT: SUMMARY: The Office of the United Office of the United States Trade Idurre L. Isasa-Cowan, Email: 9-APL- States Trade Representative is providing Representative. [email protected], Phone: notice that the United Kingdom (UK) in [FR Doc. 2021–02473 Filed 2–5–21; 8:45 am] 202–267–0965. 2021 continues to be eligible to export BILLING CODE 3290–F0–P SUPPLEMENTARY INFORMATION: under U.S. tariff-rate quotas (TRQs) Public Comments Invited: You are allocated to the member countries of the asked to comment on any aspect of this European Union (EU). DEPARTMENT OF TRANSPORTATION information collection, including (a) DATES: This notice is applicable as of Whether the proposed collection of February 8, 2021. Federal Aviation Administration information is necessary for FAA’s performance; (b) the accuracy of the FOR FURTHER INFORMATION CONTACT: [Docket No. FAA–2013–0259–2245] estimated burden; (c) ways for FAA to Roger A. Wentzel, Office of Agricultural _ Agency Information Collection enhance the quality, utility and clarity Affairs, at 202–395–5124, or Roger of the information collection; and (d) [email protected]. Activities: Requests for Comments; Clearance of a Renewed Approval of ways that the burden could be SUPPLEMENTARY INFORMATION: Pursuant Information Collection: FAA Aircraft minimized without reducing the quality to Additional U.S. Notes 6, 16 to 23, and Noise Complaint and Inquiry System of the collected information. The agency 25 to Chapter 4 and Note 5 to Chapter (Noise Portal) will summarize and/or include your 24 of the Harmonized Tariff Schedule of comments in the request for OMB’s the United States (HTSUS), the United AGENCY: Federal Aviation clearance of this information collection. States maintains TRQs for imports from Administration (FAA), DOT. OMB Control Number: 2120–0773. specific countries or customs areas, ACTION: Notice and request for Title: FAA Aircraft Noise Complaint including the EU (designated in the comments. and Inquiry System (Noise Portal). HTSUS as the EU27 and including the Form Numbers: None. UK). SUMMARY: In accordance with the Type of Review: Renewal of an Section 404(d)(3) of the Uruguay Paperwork Reduction Act of 1995, FAA information collection. Round Agreements Act (19 U.S.C. invites public comments about our Background: Although the FAA 3601(d)(3)) authorizes the President to intention to request the Office of already receives aircraft noise allocate the in-quota quantity of a TRQ Management and Budget (OMB) complaints and inquiries from the for any agricultural product among approval to renew an information public, the FAA’s voluntary collection supplying countries or customs areas collection. The FAA Regional of the information from the public and to modify any allocation as Administrators’ Offices and the FAA invokes the PRA process. The FAA must determined appropriate by the Noise Ombudsman will use the receive approval from the Office of President. The President delegated this information voluntarily reported, on the Management and Budget (OMB) to authority to the U.S. Trade occasion of a complaint, by the public collect the information in the Noise Representative under Presidential in the FAA Noise Portal to prepare Portal. The FAA will summarize the Proclamation 6763 (60 FR 1007). responses to their noise complaints or public comments from the 60-day

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comment period (March 1, 2021 to April Federal agency actions of the proposed the FHWA, the USACE, or the Illinois 30, 2021), and address these in a 30-day highway project will be barred unless Department of Transportation at the Federal Register notice inviting further the claim is filed on or before July 8, addresses provided above. In addition, comments. OMB has 60-days from the 2021. If the Federal law that authorizes these documents can be viewed and date of the 30-day notice to approve the judicial review of a claim provides a downloaded from the project website at FAA’s voluntary collection of time period of less than 150 days for https://www.chicago.gov/city/en/depts/ information in the Noise Portal. We filing such claim, then that shorter time dcd/supp_info/jackson-park- expect the entire process will be period still applies. improvements.html. completed by July 2021. FOR FURTHER INFORMATION CONTACT: For This notice applies to all Federal Respondents: The public. FHWA: Ms. Arlene K. Kocher, Division agency decisions as of the issuance date Frequency: As needed. Administrator, 3250 Executive Park of this notice and all laws under which Estimated Average Burden per Drive, Springfield, Illinois 62703; such actions were taken, including, but Response: 15 minutes. telephone: (217) 492–4640; email Estimated Total Annual Burden: not limited to: address: [email protected]. The 11,250 hours. 1. General: National Environmental FHWA Illinois Division Office’s normal Policy Act (NEPA) [42 U.S.C. 4321– Issued in Washington, DC, on February 3, business hours are 7:30 a.m. to 4:15 p.m. 2021. 4351] Federal-Aid Highway Act [23 (Central Time). For USACE: Keith U.S.C. 109 and 23 U.S.C. 128]. Idurre L. Isasa-Cowan, Wozniak, Chief, Regulatory Branch, 231 Noise Complaint Initiative (NCI), Team Lead, South LaSalle Street, Suite 1500, 2. Air: Clean Air Act [42 U.S.C. 7401– Federal Aviation Administration. Chicago, Illinois 60604; telephone: (312) 7671(q)]. [FR Doc. 2021–02560 Filed 2–5–21; 8:45 am] 846–5530; email address: 3. Land: Section 4(f) of the BILLING CODE 4910–13–P [email protected]. The Department of Transportation Act of USACE Chicago District’s normal 1966 [49 U.S.C. 303]. business hours are 8:00 a.m. to 4:30 p.m. 4. Social and Economic: Civil Rights DEPARTMENT OF TRANSPORTATION (Central Time). Act of 1964 [42 U.S.C. 2000(d)– SUPPLEMENTARY INFORMATION: 2000(d)(1)]. Federal Highway Administration Notice is hereby given that the FHWA has taken 5. Historic and Cultural Resources: Notice of Final Federal Agency Action a final agency action by issuing a Section 106 of the National Historic on Proposed Transportation Project in (FONSI) for the following highway Preservation Act of 1966, as amended Illinois project in the State of Illinois: The [16 U.S.C. 470(f) et seq.]; Archeological proposed construction along Lake Shore Resources Protection Act of 1977 [16 AGENCY: Federal Highway Drive, Stony Island Avenue, Hayes U.S.C. 470(aa)–470(ll)]; Archeological Administration (FHWA), Department of Drive, and other roadways in Jackson and Historic Preservation Act [16 U.S.C. Transportation (DOT). Park and the construction of proposed 469–469(c)]. ACTION: Notice of Limitation on Claims trails and underpasses in Jackson Park, 6. Wetlands and Water Resources: for Judicial Review of Actions by Cook County, Illinois. Clean Water Act (Section 404, Section FHWA, the United States Army Corps of Lake Shore Drive (U.S. Route 41) will 401, Section 319) [33 U.S.C. 1251– Engineers (USACE), and other Federal be widened to the west to provide an 1377], Rivers and Harbors Act of 1899 Agencies. additional southbound travel lane [33 U.S.C. 401 et seq.]. between 57th Street and Hayes Drive. SUMMARY: This notice announces actions To accommodate the additional travel 7. Wildlife: Endangered Species Act taken by the FHWA and the USACE that lane, the 59th Street Inlet Bridge will be [16 U.S.C. 1531–1544 and Section are final. These final agency actions widened and modifications at the 1536]; Fish and Wildlife Coordination relate to the proposed highway intersections of 57th Street, Science Act [16 U.S.C. 661–667(d)], Migratory construction along Lake Shore Drive, Drive, and Hayes Drive are proposed. Bird Treaty Act [16 U.S.C. 703–712]. Stony Island Avenue, Hayes Drive, and Hayes Drive will be reconfigured to 8. Executive Orders: E.O. 11990 other roadways in Jackson Park and the remove existing on-street parking to Protection of Wetlands. E.O. 11988 construction of proposed trails and provide two travel lanes in each Floodplain Management; E.O. 12898 underpasses in Jackson Park, Cook direction with minimal widening. Stony Federal Actions to Address County, Illinois. The final agency Island Avenue will be widened to the Environmental Justice in Minority actions (1) authorize the City of east to accommodate additional through Populations and Low-Income Chicago’s proposed discharges of fill lanes and turn lanes at cross-street Populations; E.O. 11593 Protection and material into waters of the United intersections. Proposed bicycle and Enhancement of Cultural Resources; States, (2) grant permission to alter a pedestrian accommodations include the E.O. 13007 Indian Sacred Sites; E.O. Federally-funded ecosystem restoration construction of four underpasses within 13287 Preserve America; E.O. 13175 project under the Great Lakes Fishery & Jackson Park. Proposed trails and Consultation and Coordination with Ecosystem Restoration program, and (3) connections along Cornell Drive, Hayes Indian Tribal Governments; E.O. 11514 grant approval for the highway project Drive, and Marquette Drive will also be Protection and Enhancement of to proceed to right-of-way acquisition, constructed. Environmental Quality; E.O. 13112 final design, and construction. The The FHWA’s action, related actions Invasive Species. FHWA’s Finding of No Significant by other Federal agencies, and the laws Impact (FONSI) provides details on the (Catalog of Federal Domestic Assistance under which such actions were taken, Program Number 20.205, Highway Research, Selected Alternative for the proposed are described in the Environmental Planning and Construction. The regulations improvements. Assessment (EA) approved on implementing Executive Order 12372 DATES: By this notice, the FHWA is September 21, 2020, the FONSI regarding intergovernmental consultation on advising the public of the final agency approved January 21, 2021, and in other Federal programs and activities apply to this actions subject to 23 U.S.C. 139(l)(1). A documents in the project file. The EA program). claim seeking judicial review of the and FONSI are available by contacting Authority: 23 U.S.C. 139(l)(1).

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Issued on: February 2, 2021. DEPARTMENT OF THE TREASURY ACTION: Notice. Arlene K. Kocher, Division Administrator, Springfield, Illinois. United States Mint SUMMARY: The United States Mint is announcing pricing for the 2021 [FR Doc. 2021–02438 Filed 2–5–21; 8:45 am] Pricing for the 2021 National Law National Law Enforcement Memorial BILLING CODE 4910–RY–P Enforcement Memorial and Museum Commemorative Coin Program and and Museum Commemorative Coin Christa McAuliffe Silver Dollar Program and Christa McAuliffe Silver Dollar as follows: AGENCY: United States Mint, Department of the Treasury.

Introductory Regular Coin price price

Silver Proof ...... $74.00 $79.00 Silver Uncirculated ...... 69.00 74.00 Clad Proof ...... 33.00 38.00 Clad Uncirculated ...... 35.00 40.00

Products containing gold coins will be audience will be able to view a live between the Commissioners and the priced according to the Pricing of webcast via the Commission’s website at witnesses. Numismatic and Commemorative Gold www.uscc.gov. Also, please check the Authority: Congress created the U.S.- and Platinum Products Grid posted at Commission’s website for possible China Economic and Security Review www.usmint.gov. changes to the hearing schedule. Commission in 2000 in the National FOR FURTHER INFORMATION CONTACT: Rosa Reservations are not required to attend Defense Authorization Act (Pub. L. 106– Matos or Rosa Williams, Program the hearing. 398), as amended by Division P of the Managers for Sales and Marketing; FOR FURTHER INFORMATION CONTACT: Any Consolidated Appropriations United States Mint; 801 9th Street NW; member of the public seeking further Resolution, 2003 (Pub. L. 108–7), as Washington, DC 20220; or call 202–354– information concerning the hearing amended by Public Law 109–108 7500. should contact Jameson Cunningham, (November 22, 2005), as amended by Public Law 113–291 (December 19, Authority: Public Law 116–94; Public Law 444 North Capitol Street NW, Suite 602, 116–65. Washington DC 20001; telephone: 202– 2014). 624–1496, or via email at jcunningham@ Dated: January 29, 2021. Eric Anderson, uscc.gov. Reservations are not required Daniel W. Peck, Executive Secretary, United States Mint. to attend the hearing. Executive Director, U.S.-China Economic and [FR Doc. 2021–02472 Filed 2–5–21; 8:45 am] ADA Accessibility: For questions Security Review Commission. BILLING CODE P about the accessibility of the event or to [FR Doc. 2021–02236 Filed 2–5–21; 8:45 am] request an accommodation, please BILLING CODE 1137–00–P contact Jameson Cunningham via email U.S.-CHINA ECONOMIC AND at [email protected]. Requests for SECURITY REVIEW COMMISSION an accommodation should be made as soon as possible, and at least five DEPARTMENT OF VETERANS Notice of Open Public Hearing business days prior to the event. AFFAIRS AGENCY: SUPPLEMENTARY INFORMATION: U.S.-China Economic and Loan Guaranty: Specially Adapted Security Review Commission. Background: This is the second public Housing Assistive Technology Grant ACTION: Notice of open public hearing. hearing the Commission will hold Program during its 2021 report cycle. The SUMMARY: Notice is hereby given of the hearing will evaluate the state of AGENCY: Department of Veterans Affairs. following hearing of the U.S.-China deterrence across the Taiwan Strait and ACTION: Notice. Economic and Security Review its implications for U.S. interests. The Commission. The Commission is first panel will examine the political SUMMARY: The Department of Veterans mandated by Congress to investigate, considerations informing Beijing’s Affairs (VA) is announcing the assess, and report to Congress annually willingness to use force against Taiwan availability of funds for the Specially on ‘‘the national security implications of and those informing Taipei’s response. Adapted Housing Assistive Technology the economic relationship between the The first panel will assess the cross- (SAHAT) Grant Program for fiscal year United States and the People’s Republic Strait military balance. The second (FY) 2021. The objective of the grant is of China.’’ Pursuant to this mandate, the panel will examine the political to encourage the development of new Commission will hold a public hearing considerations informing Beijing’s assistive technologies for specially in Washington, DC on February 18, 2021 willingness to use force against Taiwan adapted housing (SAH). This notice is on ‘‘Deterring People’s Republic of and those informing Taipei’s response. intended to provide applicants with the China Aggression Toward Taiwan.’’ The hearing will be co-chaired by information necessary to apply for the DATES: The hearing is scheduled for Senator Carte Goodwin and Senator SAHAT Grant Program. VA strongly Thursday, February 18, 2021, 10:30 a.m. James Talent. Any interested party may recommends referring to the SAHAT ADDRESSES: This hearing will be held file a written statement by February 18, Grant Program regulation in conjunction with panelists and Commissioners 2021 by transmitting to the contact with this notice. The registration participating in-person or online via above. A portion the hearing will process described in this notice applies videoconference. Members of the include a question and answer period only to applicants who will register to

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submit project applications for FY 2021 and VA Financial Policy, Volume X, accessibility; or using existing proximity SAHAT Grant Program funds. Grants Management, which applicants technology to develop an advanced DATES: Applications for the SAHAT and stakeholders are expected to read to application tailored to blind users. Grant Program must be submitted increase their knowledge and Please Note: SAHAT funding does not through the www.Grants.gov website by understanding of the SAHAT Grant support the construction or 11:59 p.m. Eastern Standard Time on Program. modification of residential dwellings for accessibility. Veterans and Service February 22, 2021. Awards made for the I. Program Description SAHAT Grant Program will fund members interested in receiving operations for FY 2021. The SAHAT A. Summary assistance to adapt a home are encouraged to review the following fact Grant Program application package for Pursuant to the Veterans’ Benefits Act sheet: https://www.prosthetics.va.gov/ funding opportunity VA-SAHAT–21–06 of 2010 (Pub L. 111–275, § 203, 124 Stat. is available through www.Grants.gov factsheet/PSAS-FactSheet-Housing- 2864), the Secretary of Veterans Affairs Adaptation-Programs.pdf to identify and is listed as follows: VA-Specially (Secretary), through the Loan Guaranty Adapted Housing Assistive Technology Home Adaptation programs offered by Service (LGY) of the Veterans Benefits VA. Grant Program. Applications may not be Administration (VBA), is authorized to sent by mail, email or facsimile. All provide grants of financial assistance to C. Statutory Authority application materials must be in a develop new assistive technology. The format compatible with the Public law 111–275, the Veterans’ objective of the SAHAT Grant Program Benefits Act of 2010 (the Act), was www.Grants.gov application submission is to encourage the development of new tool. Applications must arrive as a enacted on October 13, 2010. Section assistive technologies for adapted 203 of the Act added 38 U.S.C. 2108 to complete package. Materials arriving housing. separately will not be included in the establish the SAHAT Grant Program. application package for consideration B. Background The Act authorized VA to provide grants of up to $200,000 per fiscal year, and may result in the application being LGY currently administers the rejected. Technical assistance with the through September 30, 2016, to a Specially Adapted Housing (SAH) Grant ‘‘person or entity’’ for the development preparation of an initial SAHAT Grant Program. Through this program, LGY Program application is available by of specially adapted housing assistive provides funds to eligible Veterans and technologies. On October 1, 2020, the contacting the program official listed Service members with certain service- below. Continuing Appropriations Act, 2021 connected disabilities to help purchase and Other Extensions Act was enacted FOR FURTHER INFORMATION CONTACT: Mr. or construct an adapted home, or (Pub. L. 116–159, § 5201, 134 Stat. Jason Latona (Chief—Specially Adapted modify an existing home, to allow them §§ 709, 749). Section 5201 of Public Law Housing), Specially Adapted Housing to live more independently. Please see 116–159 extended the authority for VA Program (262), Veterans Benefits 38 U.S.C. 2101(a)(2)(B) and (C) and 38 to provide grants in the manner listed Administration, Department of Veterans U.S.C. 2101(b)(2) for a list of qualifying above through September 30, 2022. See Affairs, 810 Vermont Avenue NW, service-connected disabilities. 38 U.S.C. 2108 and 38 CFR 36.4412. Washington, DC 20420, Jason.Latona@ Currently, most SAH adaptations va.gov, 202–632–8862. (This is not a involve structural modifications such as D. Desired Outcomes and Funding toll-free number.) ramps; wider hallways and doorways; Priorities SUPPLEMENTARY INFORMATION: This roll-in showers; and other accessible Grantees will be expected to leverage notice is divided into eight sections. bathroom features, etc. For more grant funds to develop new assistive Section I provides a summary of and information about the SAH Grant technologies for SAH. In 38 CFR background information on the SAHAT Program, please visit: http:// 36.4412(f)(2), VA set out the scoring Grant Program; the statutory authority; www.benefits.va.gov/homeloans/ criteria and the maximum points the desired outcomes; funding adaptedhousing.asp. allowed for each criterion. As explained priorities; definitions; and delegation of VA acknowledges there are many in the preambles to both the proposed authority. Section II covers award emerging technologies and and final rules, while the scoring information, including funding improvements in building materials that framework is set out in the regulation availability, and the anticipated start could improve home adaptions or text, each notice will address the date of the SAHAT Grant Program. otherwise enhance a Veteran’s or scoring priorities for that particular Section III provides detailed Service member’s ability to live grant cycle (79 FR §§ 53146, 53148, information on eligibility and the independently. Therefore, in 38 CFR September 8, 2014; 80 FR §§ 55763, threshold criteria for submitting an § 36.4412(b)(2), has defined ‘‘new 55764, September 17, 2014). For FY application. Section IV provides assistive technology’’ as an 2021, the Secretary has identified the detailed application and submission advancement that the Secretary categories of innovation and unmet information, including how to request determines could aid or enhance the needs as top priorities. These categories an application; application content; and ability of an eligible individual, as are further described as scoring criteria submission dates and times. Section V defined in 38 CFR 36.4401, to live in an 1 and 2 in Section V (A) of this notice. describes the review process, scoring adapted home. New assistive technology Although VA encourages innovation criteria and the selection process. can include advancements in new-to- across a wide range of specialties, VA is, Section VI provides award market technologies, as well as new in this grant cycle, particularly administration information such as variations on existing technologies. interested in technologies that could award notices and reporting Examples of the latter might include help blind Veterans optimize their requirements. modifying an existing software independence (e.g., mobile applications, Section VII lists agency contact application for use with a smart home safety devices, etc.). VA also has a information. Section VIII provides device; upgrading an existing shower particular interest in applications that additional information related to the pan design to support wheelchairs; either demonstrate innovative SAHAT Grant Program. This notice using existing modular construction approaches in the design and building includes citations from 38 CFR part 36, methods to improve bathroom of adaptive living spaces or would lead

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to new products and techniques that C. Start and Close-Out Date response to an audit will be deemed expedite the modification of existing The anticipated start date for funding ineligible. 8. Technology grant applicants in spaces, so as to reduce the impact that grants awarded under this default by failing to meet the adaptive projects can have on a announcement is April 1, 2021. The requirements for any previous Federal Veteran’s quality of life during the funding period will not exceed 15 construction phase. VA notes that assistance will be deemed ineligible. months from the start date, to be 9. Applications submitted by entities applications addressing these categories followed by a 90-day period for of special interest are not guaranteed deemed ineligible will not be reviewed. closeout. Grant projects must be closed 10. Applications with project dates selection, but they would, on initial out by September 30, 2022. review, be categorized as meeting the that extend past June 30, 2022, (this priorities for this grant cycle. III. Eligibility Information period does not include the 90-day closeout period) will not be reviewed. Additional information regarding how A. Eligible Applicants All technology grant recipients, these priorities will be scored and As authorized by 38 U.S.C. 2108, the including individuals and entities considered in the final selection is Secretary may provide a grant to a formed as for-profit entities, will be contained in Section V (A) of this ‘‘person or entity’’ for the development subject to the rules on Uniform notice. of specially adapted housing assistive Administrative Requirements, Cost Principles, and Audit Requirements for E. Definitions technologies. Federal Awards, as found at 2 CFR part B. Cost Sharing or Matching Definitions of terms used in the 200. See 2 CFR 200.101(a). Where the SAHAT Grant Program are found at 38 There is no cost sharing, matching, or Secretary determines that 2 CFR part CFR § 36.4412(b). cost participation for the SAHAT Grant 200 is not applicable or where the Program. Secretary determines that additional F. Delegation of Authority requirements are necessary due to the C. Threshold Criteria uniqueness of a situation, the Secretary Pursuant to 38 CFR 36.4412(i), certain All technology grant applicants and will apply the same standard applicable VA employees appointed to or lawfully applications must meet the threshold to exceptions under 2 CFR 200.102. fulfilling specific positions within VBA criteria set forth below. Failure to meet IV. Application and Submission are delegated authority, within the any of the following threshold criteria in Information limitations and conditions prescribed by the application will result in the law, to exercise the powers and automatic disqualification for funding A. Address To Request Application functions of the Secretary with respect consideration. Ineligible participants Package to the SAHAT Grant Program authorized will be notified within 30 days of the by 38 U.S.C. 2108. Technology grant applicants may finding of disqualification for award download the application package from II. Award Information consideration based on the following www.Grants.gov. Questions regarding threshold criteria: the application process should be A. Funding Availability 1. Projects funded under this notice referred to Mr. Oscar Hines, Program must involve new assistive technologies Funding will be provided as an Manager, Specially Adapted Housing that the Secretary determines could aid assistance agreement in the form of Program at [email protected] or 202- or enhance the ability of a Veteran or grants. The number of assistance 632–8862 (This is not a toll-free Service member to live in an adapted agreements VA will fund as a result of number). home. this notice will be based on the quality 2. Projects funded under this notice B. Content and Form of Application of the technology grant applications must not be used for the completion of Submission received and the availability of funding. work which was to have been The SAHAT Grant Program However, the maximum amount of completed under a prior grant. application package provided at assistance a technology grant applicant 3. Applications in which the www.Grants.gov (Funding Opportunity may receive in any fiscal year is limited technology grant applicant is requesting Number: VA–SAHAT–21–06) contains to $200,000. assistance funds in excess of $200,000 electronic versions of the application B. Additional Funding Information will not be reviewed. forms that are required. Additional 4. Applications that do not comply attachments to satisfy the required Funding for these projects is not with the application and submission application information may be guaranteed and is subject to the information requirements provided in provided; however, letters of support availability of funds and the evaluation Section IV of this notice will be rejected. included with the application will not of technology grant applications based 5. Applications submitted via mail, be reviewed. All technology grant on the criteria in this announcement. In email, or facsimile will not be reviewed. applications must consist of the appropriate circumstances, VA reserves 6. Applications must be received following: the right to partially fund technology through www.Grants.gov, as specified in 1. Standard Forms (SF) 424, 424A, grant applications by funding discrete Section IV of this announcement, on or and 424B require general information portions or phases of proposed projects before the application deadline, about the applicant and proposed that relate to adapted housing. Award of February 22, 2021. Applications project. The project budget should be funding through this competition is not received through www.Grants.gov after described in SF–424A. Please do not a guarantee of future funding. The the application deadline will be include leveraged resources in SF– SAHAT Grant Program is administered considered late and will not be 424A. annually and does not guarantee reviewed. 2. VA Form 26–0967: Certification subsequent awards. Renewal grants to 7. Technology grant applicants that Regarding Debarment, Suspension, provide new assistive technology will have an outstanding obligation that is in Ineligibility and Voluntary Exclusion. not be considered under this arrears to the Federal Government or 3. VA Form 26–0967a: Scoring announcement. have an overdue or unsatisfactory Criteria for SAHAT Grants.

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4. Applications: In addition to the via email, mail, or fax will not be establish new scoring criteria but is forms listed above, each technology accepted. designed to assist technology grant grant application must include the Applications submitted via applicants in understanding how scores following information: www.Grants.gov must be submitted by will be weighted and ultimately a. A project description, including the an individual registered with considered in the final selection goals and objectives of the project, what www.Grants.gov and authorized to sign process. A technology grant application the project is expected to achieve, and applications for Federal assistance. For must receive a minimum aggregate score how the project will benefit Veterans more information and to complete the of 70. Instructions for completion of the and Service members; registration process, visit scoring criteria are listed on VA Form b. An estimated schedule including www.Grants.gov. Technology grant 26–0967a. This form is included in the the length of time (not to extend past applicants are responsible for ensuring application package materials on June 30, 2022) needed to accomplish that the registration process does not www.Grants.gov. The scoring criteria tasks and objectives for the project; hinder timely submission of the and maximum points are as follows: c. A description of what the project application. 1. A description of how the new proposes to demonstrate and how this It is the responsibility of grant assistive technology is innovative, to new technology will aid or enhance the applicants to ensure a complete include an explanation of how it ability of Veterans and Service members application is submitted via involves advancements in new-to- to live in an adapted home. The www.Grants.gov. Applicants are market technologies, new variations on following link has additional encouraged to periodically review the existing technologies, or both (up to 50 information regarding adapted homes: ‘‘Version History Tab’’ of the funding points); http://www.benefits.va.gov/homeloans/ opportunity announcement in 2. An explanation of how the new adaptedhousing.asp; and www.Grants.gov to identify if any assistive technology will meet a d. Each technology grant applicant is modifications have been made to the specific, unmet need among eligible responsible for ensuring that the funding announcement and/or individuals, to include whether and application addresses each of the opportunity package. Upon initial how the new assistive technology fits scoring criteria listed in Section V (A) download of the funding opportunity within a category of special emphasis of this notice. package, applicants will be asked to for FY 2021, as explained in Section I D. of this notice (up to 50 points); C. Dun and Bradstreet Universal provide an email address that will allow www.Grants.gov to send the applicant 3. An explanation of how the new Numbering System (DUNS) and System assistive technology is specifically for Award Management (SAM) an email message in the event this funding opportunity package is changed designed to promote the ability of Each technology grant applicant, and/or republished on www.Grants.gov eligible individuals to live more unless the applicant is an individual or prior to the posted closing date. independently (up to 30 points); Federal awarding agency that is 4. A description of the new assistive excepted from these requirements under E. Confidential Business Information technology’s concept, size, and scope 2 CFR 25.110(b) or (c), or has an It is recommended that confidential (up to 30 points); exception approved by VA under 2 CFR business information (CBI) not be 5. An implementation plan with 25.110(d), is required to: included in the application. However, if major milestones for bringing the new 1. Be registered in SAM prior to CBI is included in an application, assistive technology into production submitting an application; applicants should clearly indicate and to the market. Such milestones 2. Provide a valid DUNS number in which portion(s) of their application must be meaningful and achievable the application; and they are claiming as CBI. See 2 CFR within a specific timeframe (up to 30 3. Continue to maintain an active 200.333–200.337 (addressing access to a points); and SAM registration with current non-Federal entity’s records pertinent to 6. An explanation of what uniquely information at all times during which a Federal award). positions the technology grant applicant the technology grant applicant has an in the marketplace. This can include a active Federal award or an application F. Intergovernmental Review focus on characteristics such as the under consideration by VA. This section is not applicable to the economic reliability of the technology VA will not make an award to an SAHAT Grant Program. grant applicant, the technology grant applicant until the applicant has applicant’s status as a minority or complied with all applicable DUNS and G. Funding Restrictions Veteran-owned business, or other SAM requirements, and if the applicant The SAHAT Grant Program does not characteristics that the technology grant has not fully complied with the allow reimbursement of pre-award applicant wants to include to show how requirements by the time VA is ready to costs. it will help protect the interests of, or make an award, VA will determine the further the mission of, VA and the applicant is not qualified to receive a V. Application Review Information program (up to 20 points). Federal award and will use this Each eligible proposal (based on the B. Review and Selection Process determination as a basis for making the Section III threshold eligibility review) award to another applicant. will be evaluated according to the Eligible applications will be evaluated criteria established by the Secretary and by a review panel comprising five VA D. Submission Dates and Times provided below in Section A. employees. The review panel will score Applications for the SAHAT Grant applications using the scoring criteria Program must be submitted via A. Scoring Criteria provided in Section V(A) and refer to www.Grants.gov to be transmitted to VA The Secretary will score technology the selecting official those applications by 11:59 p.m. Eastern Standard Time on grant applications based on the scoring that receive a minimum aggregate score February 22, 2021. Submissions criteria listed below. As indicated in of 70. In determining which received after this application deadline Section I of this notice, the Secretary is applications to approve, the selecting will be considered late and will not be placing the greatest emphasis on criteria official will take into account the review reviewed or considered. Submissions 1 and 2. This emphasis does not panel score, the priorities described in

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this Notice of Funding Availability, the VI. Agency Contact(s) Statues and Combating Recent Criminal governing statute, 38 U.S.C. 2108, and For additional general information Violence (E.O. 13933); and • Guidance for Grants and the governing regulation, 38 CFR about this announcement contact Mr. Agreements in Title 2 of the Code of 36.4412. VA Financial Policy, Volume X Oscar Hines, Program Manager, Federal Regulations), as updated in the Grants Management, Chapter 4 Grants Specially Adapted Housing Program, at Federal Register’s 85 FR 49506 on Application and Award Process, section [email protected] or 202–632–8862 August 13, 2020, particularly on: 040202.06, https://www.va.gov/finance/ (This is not a toll-free number.) Æ Selecting recipients most likely to docs/VA-FinancialPolicyVolumeX Mailed correspondence, which should be successful in delivering results based Chapter04.pdf. not include application material, should on the program objectives through an be sent to: Loan Guaranty Service, VA VI. Award Administration Information objective process of evaluating Federal Central Office, Attention: Mr. Oscar award applications (2 CFR part A. Award Notices Hines (262), 810 Vermont Avenue NW, 200.205), Although subject to change, the Washington, DC 20420 Æ Prohibiting the purchase of certain SAHAT Grant Program Office expects to All correspondence with VA telecommunication and video announce grant recipients by April 1, concerning this announcement should surveillance services or equipment in 2021. Prior to executing any funding reference the funding opportunity title alignment with section 889 of the agreement, VA will contact successful and funding opportunity number listed National Defense Authorization Act of applicants; make known the amount of at the top of this solicitation. Once the 2019 (Pub. L. No. 115–232) (2 CFR part proposed funding; and verify the announcement deadline has passed, VA 200.216), applicant’s desire to receive the staff may not discuss this competition Æ Promoting the freedom of speech funding. Any communication between with applicants until the application and religious liberty in alignment with the SAHAT Grant Program Office and review process has been completed. Promoting Free Speech and Religious successful applicants prior to the VII. Other Information Liberty (E.O. 13798) and Improving Free issuance of an award notice is not Inquiry, Transparency, and Section 2108 authorizes VA to authorization to begin project activities. Accountability at Colleges and provide grants for the development of Once VA verifies that the grant Universities (E.O. 13864) (§§ 200.300, new assistive technologies through applicant is still seeking funding, VA 200.303, 200.339, and 200.341), September 30, 2022. Additional will issue a signed and dated award Æ Providing a preference, to the information related to the SAHAT Grant notice. The award notice will be sent by extent permitted by law, to maximize Program administered by LGY is U.S. mail to the organization listed on use of goods, products, and materials available at http://www.benefits.va.gov/ the SF–424. All applicants will be produced in the United States (2 CFR homeloans/adaptedhousing.asp. notified by letter, sent by United States part 200.322), and The SAHAT Grant is not a Veterans’ mail to the address listed on the SF– Æ Terminating agreements in whole benefit. As such, the decisions of the 424. or in part to the greatest extent Secretary are final and not subject to the authorized by law, if an award no longer A. Administrative and National Policy same appeal rights as decisions related effectuates the program goals or agency Requirements to Veterans’ benefits. The Secretary does priorities (2 CFR part 200.340). not have a duty to assist technology This section is not applicable to the grant applicants in obtaining a grant. Signing Authority SAHAT Grant Program. Grantees will receive payments Dat P. Tran, Acting Secretary of W. Reporting electronically through the Department Veterans Affairs approved this of Health and Human Services Payment document on February 2, 2021, and VA places great emphasis on the Management System (PMS). All grant authorized the undersigned to sign and responsibility and accountability of recipients should adhere to PMS user submit the document to the Office of the grantees. Grantees must agree to policies. Federal Register for publication cooperate with any Federal evaluation VIII. Notices of Funding Opportunity electronically as an official document of of the program and provide the the Department of Veterans Affairs. following: In accordance with Office of Luvenia Potts, 1. Quarterly Progress Reports: These Management and Budget guidance located at 2 CFR part 200, all applicable Regulation Development Coordinator, Office reports will be submitted electronically of Regulation Policy & Management, Office and outline how grant funds were used, Federal laws and relevant Executive guidance, the Federal awarding agency of the Secretary, Department of Veterans describe program progress, and describe Affairs. any barriers and measurable outcomes. will review and consider applications for funding pursuant to this notice of [FR Doc. 2021–02555 Filed 2–5–21; 8:45 am] The format for quarterly reporting will BILLING CODE 8320–01–P be provided to grantees upon grant funding opportunity in accordance with award. the: • President’s September 2, 2020, DEPARTMENT OF VETERANS 2. Quarterly Financial Reports: These memorandum, entitled Memorandum AFFAIRS reports will be submitted electronically on Reviewing Funding to State and using the SF–425–Federal Financial Local Government Recipients of Federal [OMB Control No. 2900–0075] Report. Funds that Are Permitting Anarchy, 3. Grantee Closeout Report: This final Violence, and Destruction in American Agency Information Collection report will be submitted electronically Cities; Activity: Statement in Support of Claim • and will detail the assistive technology Executive Order (E.O.) on AGENCY: Veterans Benefits developed. The Closeout Report must be Combating Race and Sex Stereotyping Administration, Department of Veterans submitted to the SAHAT Grant Program (E.O. 13950); Affairs. Office not later than 11:59 p.m. Eastern • Executive Order on Protecting ACTION: Notice. Standard Time, September 30, 2022. American Monuments, Memorials, and

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SUMMARY: Veterans Benefits Washington, DC 20006, (202) 266–4688 Type of Review: Reinstatement of a Administration, Department of Veterans or email [email protected]. Please previously approved collection. Affairs (VA), is announcing an refer to ‘‘OMB Control No. 2900–0075’’ Abstract: VA Form 21–4138 is used to opportunity for public comment on the in any correspondence. provide self-certified statements in proposed collection of certain SUPPLEMENTARY INFORMATION: Under the support of various types of claims information by the agency. Under the PRA of 1995, Federal agencies must processed by VA. Statements submitted Paperwork Reduction Act (PRA) of obtain approval from the Office of by or on behalf of a claimant should 1995, Federal agencies are required to Management and Budget (OMB) for each contain certification by the respondent publish notice in the Federal Register collection of information they conduct that the information provided is true concerning each proposed collection of or sponsor. This request for comment is and correct. This form facilitates claims information, including each proposed being made pursuant to Section processing by providing a uniform reinstatement of a previously approved 3506(c)(2)(A) of the PRA. format for the certification statement. collection, and allow 60 days for public With respect to the following No substantive changes were added comment in response to the notice. collection of information, VBA invites and/or removed from this form. This DATES: Written comments and comments on: (1) Whether the proposed request is only to extend the viability of recommendations on the proposed collection of information is necessary the form. Due to a reduction in collection of information should be for the proper performance of VBA’s respondent totals over the past year, the received on or before April 9, 2021. functions, including whether the respondent burden has decreased. ADDRESSES: Submit written comments information will have practical utility; Affected Public: Individuals and on the collection of information through (2) the accuracy of VBA’s estimate of the households. Federal Docket Management System burden of the proposed collection of Estimated Annual Burden: 121,544 (FDMS) at www.Regulations.gov or to information; (3) ways to enhance the hours. Nancy J. Kessinger, Veterans Benefits quality, utility, and clarity of the Estimated Average Burden per Administration (20M33), Department of information to be collected; and (4) Respondent: 15 minutes. Veterans Affairs, 810 Vermont Avenue ways to minimize the burden of the Frequency of Response: On occasion. NW, Washington, DC 20420 or email to collection of information on Estimated Number of Respondents: [email protected]. Please refer to respondents, including through the use 486,174. ‘‘OMB Control No. 2900–0075’’ in any of automated collection techniques or correspondence. During the comment the use of other forms of information By direction of the Secretary. period, comments may be viewed online technology. Danny S. Green, through FDMS. Authority: VA PRA Clearance Officer, Office of Quality, FOR FURTHER INFORMATION CONTACT: 38 U.S.C. 501. Performance and Risk, Department of Maribel Aponte, Office of Enterprise Title: Statement in Support of Claim Veterans Affairs. and Integration, Data Governance (VA Form 21–4138). [FR Doc. 2021–02481 Filed 2–5–21; 8:45 am] Analytics (008), 1717 H Street NW, OMB Control Number: 2900–0075. BILLING CODE 8320–01–P

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Reader Aids Federal Register Vol. 86, No. 24 Monday, February 8, 2021

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. 10 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 430...... 8548 431...... 7798, 8553 The United States Government Manual 741–6000 9880 (revoked by EO 14010) ...... 8267 1061...... 7799 Other Services 10139 (revoked by Proposed Rules: Electronic and on-line services (voice) 741–6020 Proc. 10144) ...... 8265 30...... 7819 Privacy Act Compilation 741–6050 10144...... 8265 32...... 7819 10145...... 8537 50...... 7820 10146...... 8539 ELECTRONIC RESEARCH 10147...... 8541 12 CFR Executive Orders: 217...... 7927 World Wide Web 12898 (amended by 225...... 7927 Full text of the daily Federal Register, CFR and other publications 14008) ...... 7619 238...... 7927 is located at: www.govinfo.gov. 13767 (revoked by 252...... 7927 14010) ...... 8267 303...... 8089 Federal Register information and research tools, including Public 13841 (revoked by 308...... 8104 Inspection List and electronic text are located at: 14011) ...... 8273 338...... 8082 www.federalregister.gov. 13895 (revoked by 362...... 8098 E-mail 14007) ...... 7615 390 ...... 8082, 8089, 8098, 8104 14007...... 7615 791...... 7949 FEDREGTOC (Daily Federal Register Table of Contents Electronic 14008...... 7619 1026...... 8283 Mailing List) is an open e-mail service that provides subscribers 14009...... 7793 Proposed Rules: with a digital form of the Federal Register Table of Contents. The 14010...... 8267 7...... 7979 digital form of the Federal Register Table of Contents includes 14011...... 8273 303...... 8145 HTML and PDF links to the full text of each document. 14012...... 8277 333...... 8145 To join or leave, go to https://public.govdelivery.com/accounts/ Administrative Orders: 335...... 8145 USGPOOFR/subscriber/new, enter your email address, then Memorandums: 390...... 8145 follow the instructions to join, leave, or manage your Memorandum of subscription. September 21, 2016 13 CFR (reinstated by EO 120...... 8283 PENS (Public Law Electronic Notification Service) is an e-mail 14008) ...... 7619 service that notifies subscribers of recently enacted laws. Memorandum of 14 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html January 13, 2021 ...... 7787 25...... 7799 and select Join or leave the list (or change settings); then follow Memorandum of April 39 ...... 8299, 8302, 8305 the instructions. 4, 2018 (revoked by 97...... 7958, 7959 EO 14010)...... 8267 FEDREGTOC and PENS are mailing lists only. We cannot Memorandum of April respond to specific inquiries. 17 CFR 6, 2018 (revoked by 143...... 7802 Reference questions. Send questions and comments about the EO 14010)...... 8267 Federal Register system to: [email protected] 200...... 7961 Memorandum of April 232...... 7961, 7968 The Federal Register staff cannot interpret specific documents or 29, 2019 (revoked 240...... 7637 regulations. by EO 14010)...... 8267 Memorandum of May 18 CFR 23, 2019 (revoked FEDERAL REGISTER PAGES AND DATE, FEBRUARY 153...... 7643 by Memo. of Feb. 2, 157...... 7643 7615–7786...... 1 2021) ...... 8281 250...... 8131 Memorandum of 7787–7926...... 2 292...... 8133 February 2, 2021 ...... 8281 385...... 8131 7927–8112...... 3 Presidential 8113–8266...... 4 Determinations: Proposed Rules: 8267–8536...... 5 No. 2021–03 of 35...... 8309 8537–8684...... 8 January 14, 2021 ...... 7789 20 CFR 5 CFR 655...... 7927 2634...... 7635 Proposed Rules: 2636...... 7635 655...... 7656 1201...... 7797 656...... 7656 7 CFR 22 CFR 1468...... 8113 35...... 7804 103...... 7804 8 CFR 127...... 7804 214...... 7927, 8543 138...... 7804

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23 CFR 788...... 8326 36...... 7811 Proposed Rules: Proposed Rules: 795...... 8326 42...... 7811 1...... 8335 2...... 7660 470...... 7838 30 CFR 39 CFR 635...... 7838 25...... 7660 655...... 7838 1241...... 7808 Proposed Rules: 51...... 7839 20...... 7659 54...... 8335 25 CFR 31 CFR 3030...... 8330 64...... 7681 575...... 7646 1010...... 7810 40 CFR Proposed Rules: 33 CFR 1000...... 7656 Proposed Rules: 48 CFR 110...... 7647 52 ...... 8561, 8564, 8566, 8569, 12...... 8308 26 CFR 117...... 7649 8574 25...... 8308 Proposed Rules: 165 ...... 7651, 7810, 7972, 8140 42 CFR 52...... 8308 1...... 7986, 7987 Proposed Rules: 100...... 8328 423...... 7813 29 CFR 165...... 8157 486...... 7814 49 CFR 1001...... 7815 18...... 7927 Proposed Rules: 22...... 7807 34 CFR 1180...... 8336 503...... 7927 36...... 7974 43 CFR 1986...... 7807 668...... 7974 10...... 7653 Proposed Rules: 50 CFR 37 CFR 44 CFR 10...... 8325 622...... 7815, 7977 516...... 8325 10...... 7653 Proposed Rules: 648...... 8559 531...... 8325 Proposed Rules: 206...... 8334 578...... 8325 201...... 8560 679 ...... 7816, 7817, 7818, 8308 579...... 8325 47 CFR Proposed Rules: 580...... 8325 38 CFR 15...... 8558 223...... 7686 780...... 8326 4...... 8142 64...... 8558 226...... 7686

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