FEDERAL REGISTER
Vol. 86 Wednesday No. 60 March 31, 2021
Pages 16667–17054
OFFICE OF THE FEDERAL REGISTER
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Contents Federal Register Vol. 86, No. 60
Wednesday, March 31, 2021
Agriculture Department Committee for Purchase From People Who Are Blind or PROPOSED RULES Severely Disabled Regulatory Agenda: PROPOSED RULES Semiannual Regulatory Agenda, 16856–16860 Regulatory Agenda: Semiannual Regulatory Agenda, 16950 Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Commodity Futures Trading Commission Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals: Regulatory Agenda: Application and Permit for Permanent Exportation of Semiannual Regulatory Agenda, 16992 Firearms (National Firearms Act), 16758–16759 Arson and Explosives Training Registration Request for Community Development Financial Institutions Fund Non-ATF Employees, 16759–16760 NOTICES Police Check Inquiry, 16760 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16835–16837 Bureau of Consumer Financial Protection PROPOSED RULES Comptroller of the Currency Regulatory Agenda: NOTICES Semiannual Regulatory Agenda, 16994–16998 Request for Information: NOTICES Financial Institutions’ Use of Artificial Intelligence, Request for Information: Including Machine Learning, 16837–16842 Financial Institutions’ Use of Artificial Intelligence, including Machine Learning, 16837–16842 Consumer Product Safety Commission PROPOSED RULES Centers for Disease Control and Prevention Regulatory Agenda: NOTICES Semiannual Regulatory Agenda, 17000–17002 Re-Establishment of the Advisory Committee to the NOTICES Director, 16738–16739 Guidance: Temporary Halt in Residential Evictions To Prevent the Alternative Test Methods and Integrated Testing Further Spread of COVID–19, 16731–16738 Approaches, 16704–16705
Centers for Medicare & Medicaid Services Corporation for National and Community Service NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16739–16740 Submissions, and Approvals: Application Package for AmeriCorps VISTA Application Children and Families Administration and Reporting Forms, 16705 NOTICES Agency Information Collection Activities; Proposals, Defense Acquisition Regulations System Submissions, and Approvals: NOTICES Head Start Program Performance Standards, 16740–16741 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Coast Guard Defense Federal Acquisition Regulation Supplement Part RULES 234 and Related Clause, Earned Value Management Safety Zone: System, 16708 Annual Fireworks Displays and Other Events in the Defense Federal Acquisition Regulation Supplement; Eighth Coast Guard District, 16670 Assessing Contractor Implementation of PROPOSED RULES Cybersecurity Requirements, 16706–16707 Drawbridge Operations: Defense Federal Acquisition Regulation Supplement; Bayou Sara, Saraland, AL, 16680–16683 Construction and Architect-Engineer Contracts, 16708–16709 Commerce Department Defense Federal Acquisition Regulation Supplement; See International Trade Administration Independent Research and Development Technical See National Oceanic and Atmospheric Administration Descriptions, 16707 See National Telecommunications and Information Negotiation of a Renewal of the Reciprocal Defense Administration Procurement Memorandum of Understanding With the See Patent and Trademark Office Ministry of Defense of Japan, 16705–16706 PROPOSED RULES Regulatory Agenda: Defense Department Semiannual Regulatory Agenda, 16862–16877 See Defense Acquisition Regulations System
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PROPOSED RULES PROPOSED RULES Regulatory Agenda: Air Quality State Implementation Plans; Approvals and Semiannual Regulatory Agenda, 16880–16882, 16978– Promulgations: 16990 Delaware; Emissions Statement Certification for the 2015 NOTICES Ozone National Ambient Air Quality Standard, Revised Non-Foreign Overseas Per Diem Rates, 16709– 16683–16685 16712 Regulatory Agenda: Semiannual Regulatory Agenda, 16952–16958 Drug Enforcement Administration NOTICES RULES Agency Information Collection Activities; Proposals, Schedules of Controlled Substances: Submissions, and Approvals: Extension of Temporary Placement of 5F–EDMB– Pesticide Data-Call-In Program, 16718–16720 PINACA, 5F–MDMB–PICA, FUB–AKB48, 5F– Pesticide Environmental Stewardship Program Annual CUMYL–PINACA and FUB–144 in Schedule I of the Measures Reporting, 16720–16721 Controlled Substances Act, 16669–16670 Placement of cyclopentyl fentanyl, isobutyryl fentanyl, Farm Credit Administration para-chloroisobutyryl fentanyl, para-methoxybutyryl NOTICES fentanyl, and valeryl fentanyl in Schedule I; Meetings; Sunshine Act, 16721–16722 Correction, 16667–16669 NOTICES Federal Aviation Administration Decision and Order: NOTICES Eric R. Shibley, MD, 16783–16784 Agency Information Collection Activities; Proposals, Ester Mark, MD, 16760–16783 Submissions, and Approvals: Roozbeh Badii, MD, 16784–16786 Generic Clearance for Customer Interactions, 16833 Generic Clearance for the Collection of Qualitative Education Department Feedback on Agency Service Delivery, 16833–16834 PROPOSED RULES Report of Inspections Required by Airworthiness Regulatory Agenda: Directive, Part 39, 16832–16833 Semiannual Regulatory Agenda, 16884–16885 NOTICES Federal Communications Commission Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals: Call Authentication Trust Anchor; Correction, 16685–16686 Expanding Opportunity Through Quality Charter Schools Regulatory Agenda: Program: Technical Assistance To Support Semiannual Regulatory Agenda, 17004–17030 Monitoring, Evaluation, Data Collection, and Television Broadcasting: Dissemination of Best Practices, 16713–16714 Hannibal, MO, 16686 Historically Black Colleges and Universities Scholar NOTICES Recognition Program, 16712–16713 Agency Information Collection Activities; Proposals, Impact Evaluation of Departmentalized Instruction in Submissions, and Approvals, 16722–16724 Elementary Schools, 16712 Federal Deposit Insurance Corporation Employee Benefits Security Administration NOTICES NOTICES Request for Information: Agency Information Collection Activities; Proposals, Financial Institutions’ Use of Artificial Intelligence, Submissions, and Approvals, 16786–16790 Including Machine Learning, 16837–16842
Employment and Training Administration Federal Election Commission NOTICES NOTICES Reallotment of Workforce Innovation Opportunity Act Title Filing Dates for the New Mexico Special Election in the 1st I Formula Allotted Funds for Dislocated Worker Congressional District, 16725–16726 Activities for Program Year 2020, 16790–16792 Filing Dates for the Ohio Special Elections in the 11th Congressional District, 16724–16725 Energy Department See Federal Energy Regulatory Commission Federal Energy Regulatory Commission See Southeastern Power Administration NOTICES PROPOSED RULES Application: Regulatory Agenda ANR Pipeline Co., 16715–16717 Semiannual Regulatory Agenda, 16888–16890 Combined Filings, 16714–16715, 16717 Meetings: Environmental Protection Agency Merimil Limited Partnership, Hydro-Kennebec, LLC, RULES Brookfield White Pine Hydro, LLC; Teleconference, Air Quality State Implementation Plans; Approvals and 16717 Promulgations: Technical Conference on Reassessment of the Electric West Virginia; 1997 8-Hour Ozone National Ambient Air Quarterly Report Requirements, 16714 Quality Standard Second Maintenance Plan for the West Virginia Portion of the Wheeling, WV-OH Area Federal Maritime Commission Comprising Marshall and Ohio Counties, 16672– NOTICES 16676 Agreements Filed, 16726–16727
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Federal Permitting Improvement Steering Council Indian Affairs Bureau PROPOSED RULES NOTICES Regulatory Agenda: Agency Information Collection Activities; Proposals, Semiannual Regulatory Agenda, 17052–17053 Submissions, and Approvals: Tribal Enrollment Count, 16758 Federal Railroad Administration Interior Department NOTICES Meetings: See Fish and Wildlife Service Railroad Safety Advisory Committee Process, 16834 See Indian Affairs Bureau PROPOSED RULES Regulatory Agenda: Federal Reserve System Semiannual Regulatory Agenda, 16916–16918 PROPOSED RULES Regulatory Agenda: International Trade Administration Semiannual Regulatory Agenda, 17032–17033 NOTICES NOTICES Initiation of Five-Year Sunset Reviews, 16701–16702 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16727–16731 Justice Department Formations of, Acquisitions by, and Mergers of Bank See Alcohol, Tobacco, Firearms, and Explosives Bureau Holding Companies, 16727, 16729–16730 See Drug Enforcement Administration Formations of, Acquisitions by, and Mergers of Savings and NOTICES Loan Holding Companies, 16727 Agency Information Collection Activities; Proposals, Request for Information: Submissions, and Approvals: Financial Institutions’ Use of Artificial Intelligence, International Terrorism Victim Expense Reimbursement Including Machine Learning, 16837–16842 Program Application, 16786
Fish and Wildlife Service Labor Department NOTICES See Employee Benefits Security Administration Endangered and Threatened Species; Recovery Permit See Employment and Training Administration Applications, 16755–16757 PROPOSED RULES Issuance of Permits: Regulatory Agenda: Endangered Species; Marine Mammals, 16753–16754 Semiannual Regulatory Agenda, 16920–16923 Permit Application: Endangered Species; Recovery, 16751–16752 Management and Budget Office Receipt of Permit Applications: PROPOSED RULES Foreign Endangered Species; Marine Mammals, 16754– Regulatory Agenda: 16755 Semiannual Regulatory Agenda, 16966–16967 Millennium Challenge Corporation General Services Administration NOTICES PROPOSED RULES Meetings, 16792–16793 Regulatory Agenda Semiannual Regulatory Agenda, 16960–16963 National Aeronautics and Space Administration Regulatory Agenda: PROPOSED RULES Semiannual Regulatory Agenda, 16978–16990 Regulatory Agenda: Semiannual Regulatory Agenda, 16978–16990 Health and Human Services Department NOTICES See Centers for Disease Control and Prevention Agency Information Collection Activities; Proposals, See Centers for Medicare & Medicaid Services Submissions, and Approvals: See Children and Families Administration Generic Clearance for the Collection of Qualitative See National Institutes of Health Feedback on Agency Service Delivery, 16793–16794 PROPOSED RULES Meetings: Regulatory Agenda: Science Committee, 16794 Semiannual Regulatory Agenda, 16892–16903 National Credit Union Administration PROPOSED RULES Homeland Security Department Credit Union Service Organizations, 16679–16680 See Coast Guard NOTICES PROPOSED RULES Request for Information: Regulatory Agenda: Financial Institutions’ Use of Artificial Intelligence, Semiannual Regulatory Agenda, 16906–16914 Including Machine Learning, 16837–16842
Housing and Urban Development Department National Institutes of Health NOTICES NOTICES Rating Factors: Meetings: Tribal HUD-Veterans Affairs Supportive Housing National Institute of Allergy and Infectious Diseases, Expansion, 16741–16751 16741
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National Oceanic and Atmospheric Administration Nasdaq GEMX, LLC, 16801–16806 RULES Nasdaq MRX, LLC, 16806–16812 Fisheries of the Exclusive Economic Zone Off Alaska: New York Stock Exchange, LLC, 16798–16801 Groundfish Fishery by Non-Rockfish Program Catcher Vessels Using Trawl Gear in the Western and Central Small Business Administration Regulatory Area of the Gulf of Alaska, 16677 PROPOSED RULES Sea Turtle Conservation: Regulatory Agenda: Shrimp Trawling Requirements, 16676–16677 Semiannual Regulatory Agenda, 16972–16976 PROPOSED RULES NOTICES Fisheries of the Northeastern United States: Agency Information Collection Activities; Proposals, Magnuson-Stevens Act Provisions; Northeast Submissions, and Approvals, 16812–16813 Multispecies Fishery; Approval of 2021 and 2022 Sector Operations Plans and Allocation of 2021 Northeast Multispecies Annual Catch Entitlements, Southeastern Power Administration 16686–16700 NOTICES Proposed Rate Adjustment: National Science Foundation Jim Woodruff Project, 16717–16718 NOTICES Meetings: Surface Transportation Board Proposal Review Panel for Physics, 16794 PROPOSED RULES Regulatory Agenda: National Telecommunications and Information Semiannual Regulatory Agenda, 17050 Administration NOTICES NOTICES Exemption: Requests for Nominations: Acquisition and Operation; D and I Railroad Co., Lincoln First Responder Network Authority Board Members, and Union Counties, SD, and Lyon, Sioux, and 16702 Plymouth Counties, IA, 16813 Nuclear Regulatory Commission PROPOSED RULES Trade Representative, Office of United States Petition; Denial: NOTICES Measurement Standards Used at U.S. Nuclear Power Proposed Action in Section 301 Investigation of Austria’s Plants, 16678–16679 Digital Services Tax, 16816–16819 Regulatory Agenda: Proposed Action in Section 301 Investigation of India’s Semiannual Regulatory Agenda, 17036–17038 Digital Services Tax, 16824–16828 Proposed Action in Section 301 Investigation of Italy’s Patent and Trademark Office Digital Services Tax, 16819–16822 NOTICES Proposed Action in Section 301 Investigation of Spain’s Agency Information Collection Activities; Proposals, Digital Services Tax, 16813–16816 Submissions, and Approvals: Proposed Action in Section 301 Investigation of the United National Medal of Technology and Innovation Kingdom’s Digital Services Tax, 16829–16832 Nomination Application, 16702–16703 Proposed Action in Section 301 Investigation of Turkey’s Representative and Address Provisions, 16703–16704 Digital Services Tax, 16822–16824 Termination of Section 301 Digital Services Tax Postal Service investigations of Brazil, the Czech Republic, the RULES European Union, and Indonesia, 16828–16829 Priority Mail Express Delivery Times, 16670–16672 Transportation Department Railroad Retirement Board See Federal Aviation Administration PROPOSED RULES See Federal Railroad Administration Regulatory Agenda: PROPOSED RULES Semiannual Regulatory Agenda, 16970 Regulatory Agenda: NOTICES Semiannual Regulatory Agenda, 16926–16943 Meetings: Actuarial Advisory Committee, 16794–16795 Treasury Department Regulatory Information Service Center See Community Development Financial Institutions Fund PROPOSED RULES See Comptroller of the Currency Regulatory Agenda: PROPOSED RULES Semiannual Regulatory Agenda, 16848–16853 Regulatory Agenda: Semiannual Regulatory Agenda, 16946–16948 Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals, 16842–16844 Regulatory Agenda: Semiannual Regulatory Agenda, 17040–17047 NOTICES U.S.-China Economic and Security Review Commission Self-Regulatory Organizations; Proposed Rule Changes: NOTICES MIAX Emerald, LLC, 16795–16797 Hearings, 16844–16845
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Veterans Affairs Department Part XVII NOTICES Management and Budget Office, 16966–16967 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Part XVIII Security For Government Financing, 16845 Railroad Retirement Board, 16970 Meetings: Genomic Medicine Program Advisory Committee, 16845– Part XIX 16846 Small Business Administration, 16972–16976
Part XX Separate Parts In This Issue Defense Department, 16978–16990 Part II General Services Administration, 16978–16990 National Aeronautics and Space Administration, 16978– Regulatory Information Service Center, 16848–16853 16990 Part III Agriculture Department, 16856–16860 Part XXI Commodity Futures Trading Commission, 16992 Part IV Commerce Department, 16862–16877 Part XXII Consumer Financial Protection Bureau, 16994–16998 Part V Defense Department, 16880–16882 Part XXIII Consumer Product Safety Commission, 17000–17002 Part VI Education Department, 16884–16885 Part XXIV Part VII Federal Communications Commission, 17004–17030 Energy Department, 16888–16890 Part XXV Part VIII Federal Reserve System, 17032–17033 Health and Human Services Department, 16892–16903 Part XXVI Part IX Nuclear Regulatory Commission, 17036–17038 Homeland Security Department, 16906–16914 Part XXVII Part X Securities and Exchange Commission, 17040–17047 Interior Department, 16916–16918
Part XI Part XXVIII Labor Department, 16920–16923 Surface Transportation Board, 17050
Part XII Part XXIX Transportation Department, 16926–16943 Federal Permitting Improvement Steering Council, 17052– 17053 Part XIII Treasury Department, 16946–16948
Part XIV Reader Aids Committee for Purchase From People Who Are Blind or Consult the Reader Aids section at the end of this issue for Severely Disabled, 16950 phone numbers, online resources, finding aids, and notice of recently enacted public laws. Part XV To subscribe to the Federal Register Table of Contents Environmental Protection Agency, 16952–16958 electronic mailing list, go to https://public.govdelivery.com/ accounts/USGPOOFR/subscriber/new, enter your e-mail Part XVI address, then follow the instructions to join, leave, or General Services Administration, 16960–16963 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.
10 CFR Proposed Rules: 50...... 16678 12 CFR Proposed Rules: 712...... 16679 21 CFR 1308 (2 documents) ...... 16667, 16669 33 CFR 165...... 16670 Proposed Rules: 117...... 16680 39 CFR 111...... 16670 40 CFR 52...... 16672 Proposed Rules: 52...... 16683 47 CFR Proposed Rules: 64...... 16685 73...... 16686 50 CFR 622...... 16676 679...... 16677 Proposed Rules: 648...... 16686
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Rules and Regulations Federal Register Vol. 86, No. 60
Wednesday, March 31, 2021
This section of the FEDERAL REGISTER isomers, esters, ethers, salts, and salts of opiates crotonyl fentanyl, contains regulatory documents having general isomers, esters, and ethers, permanently ketobemidone, para-fluorofentanyl, and applicability and legal effect, most of which in schedule I of the Controlled phenampromide (i.e., (b)(22), (40), (56), are keyed to and codified in the Code of Substances Act, specifically to the and (59)). In addition, the final rule Federal Regulations, which is published under opiates list under DEA regulations. The incorrectly added valeryl fentanyl as a 50 titles pursuant to 44 U.S.C. 1510. published document assigned incorrect new paragraph (b)(75) instead of (b)(76). The Code of Federal Regulations is sold by paragraph numbers to all five This document updates the numbering the Superintendent of Documents. substances, and inadvertently removed of all listed opiates in paragraph (b), and four other substances from the listed specifically corrects the paragraph opiates. numbers for cyclopentyl fentanyl, DEPARTMENT OF JUSTICE DATES: Effective date: March 31, 2021. isobutyryl fentanyl, para- chloroisobutyryl fentanyl, para- Drug Enforcement Administration FOR FURTHER INFORMATION CONTACT: methoxybutyryl fentanyl, and valeryl Terrence L. Boos, Drug and Chemical fentanyl, and reassigns paragraph 21 CFR Part 1308 Evaluation Section, Diversion Control numbers for crotonyl fentanyl, Division, Drug Enforcement [Docket No. DEA–565] ketobemidone, para-fluorofentanyl, and Administration; Telephone: (571) 362– phenampromide. It bears emphasis that 3249. Schedules of Controlled Substances: DEA still considers the four substances Placement of cyclopentyl fentanyl, SUPPLEMENTARY INFORMATION: On (crotonyl fentanyl, ketobemidone, para- isobutyryl fentanyl, para- November 25, 2020, the Drug fluorofentanyl, and phenampromide) to chloroisobutyryl fentanyl, para- Enforcement Administration (DEA) have been schedule I substances during methoxybutyryl fentanyl, and valeryl permanently placed five fentanyl- the time period from the issuance of the fentanyl in Schedule I; Correction related substances (cyclopentyl fentanyl November 25, 2020, final rule to this (N-(1-phenethylpiperidin-4-yl)-N- AGENCY: Drug Enforcement correction, despite these inadvertent Administration, Department of Justice. phenylcyclopentanecarboxamide), numbering errors.1 isobutyryl fentanyl (N-(1- ACTION: Final rule; correcting phenethylpiperidin-4-yl)-N- List of Subjects in 21 CFR Part 1308 amendment. phenylisobutyramide), para- Administrative practice and SUMMARY: The Drug Enforcement chloroisobutyryl fentanyl (N-(4- procedure, Drug traffic control, Administration is correcting a final rule chlorophenyl)-N-(1-phenethylpiperidin- Reporting and recordkeeping that appeared in the Federal Register on 4-yl)isobutyramide), para- requirements. methoxybutyryl fentanyl (N-(4- November 25, 2020. The document For the reasons set out above, 21 CFR issued an action placing five fentanyl- methoxyphenyl)-N-(1- part 1308 is amended as follows: related substances (cyclopentyl fentanyl phenethylpiperidin-4-yl)butyramide), (N-(1-phenethylpiperidin-4-yl)-N- and valeryl fentanyl (N-(1- PART 1308—SCHEDULES OF phenylcyclopentanecarboxamide), phenethylpiperidin-4-yl)-N- CONTROLLED SUBSTANCES isobutyryl fentanyl (N-(1- phenylpentanamide) in schedule I of the phenethylpiperidin-4-yl)-N- Controlled Substances Act (CSA), ■ 1. The authority citation for 21 CFR phenylisobutyramide), para- specifically to the opiates list under 21 part 1308 continues to read as follows: chloroisobutyryl fentanyl (N-(4- CFR 1308.11(b). 85 FR 75231. The final chlorophenyl)-N-(1-phenethylpiperidin- rule incorrectly assigned paragraph Authority: 21 U.S.C. 811, 812, 871(b), 956(b), unless otherwise noted. 4-yl)isobutyramide), para- numbers 22, 40, 56, and 59 under methoxybutyryl fentanyl (N-(4- paragraph (b) to cyclopentyl fentanyl, ■ 2. In § 1308.11(b), revise the table to methoxyphenyl)-N-(1- isobutyryl fentanyl, para- read as follows: phenethylpiperidin-4-yl)butyramide), chloroisobutyryl fentanyl, and para- and valeryl fentanyl (N-(1- methoxybutyryl fentanyl, respectively, § 1308.11 Schedule I. phenethylpiperidin-4-yl)-N- overriding previously assigned * * * * * phenylpentanamide), including their paragraph numbers for four listed (b) * * *
(1) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide) ...... 9815 (2) Acetylmethadol ...... 9601 (3) Acetyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide) ...... 9821 (4) Acryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide; also known as acryloylfentanyl) ...... 9811 (5) AH–7921 (3,4-dichloro-N-[(1-dimethylamino)cyclohexylmethyl]benzamide) ...... 9551 (6) Allylprodine ...... 9602 (7) Alphacetylmethadol (except levo-alphacetylmethadol also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM) ...... 9603 (8) Alphameprodine ...... 9604 (9) Alphamethadol ...... 9605
1 Under the CSA, a controlled substance may only U.S.C. 811 and published in the Federal Register. status of these four substances was never altered by be removed from the schedules, or transferred to DEA took no such action with respect to crotonyl the final rule that appeared in the Federal Register another schedule, where DEA expressly does so by fentanyl, ketobemidone, para-fluorofentanyl, and on November 25, 2020. a scheduling action issued in accordance with 21 phenampromide. Accordingly, the scheduling
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(10) alpha-Methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N- propanilido)piperidine) ...... 9814 (11) alpha-Methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide) ...... 9832 (12) Benzethidine ...... 9606 (13) Betacetylmethadol ...... 9607 (14) beta-Hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide) ...... 9830 (15) beta-Hydroxy-3-methylfentanyl (N-[1-(2-hydroxy-2-phenylethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide) ...... 9831 (16) beta-Hydroxythiofentanyl (N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]-N-phenylpropionamide) ...... 9836 (17) Betameprodine ...... 9608 (18) Betamethadol ...... 9609 (19) Betaprodine ...... 9611 (20) Butyryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide) ...... 9822 (21) Clonitazene ...... 9612 (22) Crotonyl fentanyl ((E)-N-(1-phenethylpiperidin-4-yl)-N-phenylbut-2-enamide) ...... 9844 (23) Cyclopentyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide) ...... 9847 (24) Cyclopropyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide) ...... 9845 (25) Dextromoramide ...... 9613 (26) Diampromide ...... 9615 (27) Diethylthiambutene ...... 9616 (28) Difenoxin ...... 9168 (29) Dimenoxadol ...... 9617 (30) Dimepheptanol ...... 9618 (31) Dimethylthiambutene ...... 9619 (32) Dioxaphetyl butyrate ...... 9621 (33) Dipipanone ...... 9622 (34) Ethylmethylthiambutene ...... 9623 (35) Etonitazene ...... 9624 (36) Etoxeridine ...... 9625 (37) 4-Fluoroisobutyryl fentanyl (N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide; also known as para- fluoroisobutyryl fentanyl) ...... 9824 (38) Furanyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide) ...... 9834 (39) Furethidine ...... 9626 (40) Hydroxypethidine ...... 9627 (41) Isobutyryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide) ...... 9827 (42) Ketobemidone ...... 9628 (43) Levomoramide ...... 9629 (44) Levophenacylmorphan ...... 9631 (45) Methoxyacetyl fentanyl (2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide) ...... 9825 (46) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide) ...... 9813 (47) 3-Methylthiofentanyl (N-[3-methyl-1-(2-thienylethyl)-4-piperidinyl]-N-phenylpropanamide) ...... 9833 (48) Morpheridine ...... 9632 (49) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine) ...... 9661 (50) MT–45 (1-cyclohexyl-4-(1,2-diphenylethyl)piperazine) ...... 9560 (51) Noracymethadol ...... 9633 (52) Norlevorphanol ...... 9634 (53) Normethadone ...... 9635 (54) Norpipanone ...... 9636 (55) Ocfentanil (N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide) ...... 9838 (56) ortho-Fluorofentanyl (N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide); also known as 2-fluorofentanyl) ...... 9816 (57) para-Chloroisobutyryl fentanyl (N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide) ...... 9826 (58) para-Fluorobutyryl fentanyl (N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide) ...... 9823 (59) para-Fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenylethyl)-4-piperidinyl]propanamide) ...... 9812 (60) para-Methoxybutyryl fentanyl (N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide) ...... 9837 (61) PEPAP (1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine) ...... 9663 (62) Phenadoxone ...... 9637 (63) Phenampromide ...... 9638 (64) Phenomorphan ...... 9647 (65) Phenoperidine ...... 9641 (66) Piritramide ...... 9642 (67) Proheptazine ...... 9643 (68) Properidine ...... 9644 (69) Propiram ...... 9649 (70) Racemoramide ...... 9645 (71) Tetrahydrofuranyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide) ...... 9843 (72) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]propanamide) ...... 9835 (73) Tilidine ...... 9750 (74) Trimeperidine ...... 9646 (75) U–47700 (3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide) ...... 9547 (76) Valeryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide) ...... 9840
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* * * * * effective date of that rule, if the effective or on the petition of any interested date is earlier than April 16, 2022. party. D. Christopher Evans, FOR FURTHER INFORMATION CONTACT: The Acting Administrator of DEA, on Acting Administrator. his own motion, has initiated [FR Doc. 2021–06596 Filed 3–30–21; 8:45 am] Terrence L. Boos, Drug and Chemical Evaluation Section, Drug Enforcement proceedings under 21 U.S.C. 811(a)(1) to BILLING CODE 4410–09–P Administration; Telephone: (571) 362– permanently schedule 5F–EDMB– 3249. PINACA, 5F–MDMB–PICA, FUB– AKB48, 5F–CUMYL–PINACA and FUB– DEPARTMENT OF JUSTICE SUPPLEMENTARY INFORMATION: 144. DEA is simultaneously publishing a notice of proposed rulemaking for the Background and Legal Authority Drug Enforcement Administration placement of 5F–EDMB–PINACA, 5F– On April 16, 2019, the former Acting MDMB–PICA, FUB–AKB48, 5F– 21 CFR Part 1308 Administrator of the Drug Enforcement CUMYL–PINACA and FUB–144 in Administration (DEA) published a schedule I elsewhere in this issue of the [Docket No. DEA–491] temporary scheduling order in the Federal Register. If that proposed rule is Federal Register (84 FR 15505) placing finalized, DEA will publish a final rule Schedules of Controlled Substances: ethyl 2-(1-(5-fluoropentyl)-1H-indazole- in the Federal Register to make Extension of Temporary Placement of 3-carboxamido)-3,3-dimethylbutanoate permanent the schedule I status of these 5F–EDMB–PINACA, 5F–MDMB–PICA, (trivial name: 5F–EDMB–PINACA); substances. FUB–AKB48, 5F–CUMYL–PINACA and methyl 2-(1-(5-fluoropentyl)-1H-indole- Pursuant to 21 U.S.C. 811(h)(2), the FUB–144 in Schedule I of the 3-carboxamido)-3,3-dimethylbutanoate Acting Administrator orders that the Controlled Substances Act (trivial name: 5F–MDMB–PICA); N- temporary scheduling of 5F–EDMB– PINACA, 5F–MDMB–PICA, FUB– AGENCY: Drug Enforcement (adamantan-1-yl)-1-(4-fluorobenzyl)-1H- Administration, Department of Justice. indazole-3-carboxamide (trivial names: AKB48, 5F–CUMYL–PINACA and FUB– FUB–AKB48; FUB–APINACA; AKB48 144, and their optical, positional, and ACTION: Temporary rule; temporary N-(4-fluorobenzyl)); 1-(5-fluoropentyl)- geometric isomers, salts, and salts of scheduling order; extension. N-(2-phenylpropan-2-yl)-1H-indazole-3- isomers, be extended for one year, or until the permanent scheduling SUMMARY: The Acting Administrator of carboxamide (trivial names: 5F– the Drug Enforcement Administration is CUMYL–PINACA; SGT–25); and (1-(4- proceeding is completed, whichever issuing this order to extend the fluorobenzyl)-1H-indol-3-yl)(2,2,3,3- occurs first. temporary schedule I status of ethyl 2- tetramethylcyclopropyl)methanone Regulatory Matters (1-(5-fluoropentyl)-1H-indazole-3- (trivial name: FUB–144) in schedule I of the Controlled Substances Act (CSA) The CSA provides for an expedited carboxamido)-3,3-dimethylbutanoate temporary scheduling action where the (trivial name: 5F–EDMB–PINACA); pursuant to the temporary scheduling provisions of 21 U.S.C. 811(h). That Attorney General, as delegated to the methyl 2-(1-(5-fluoropentyl)-1H-indole- Administrator of DEA, may, by order, order was effective on the date of 3-carboxamido)-3,3-dimethylbutanoate place a substance in schedule I if such publication, and was based on findings (trivial name: 5F–MDMB–PICA); N- action is necessary to avoid an by the former Acting Administrator of (adamantan-1-yl)-1-(4-fluorobenzyl)-1H- imminent hazard to the public safety. 21 DEA that the temporary scheduling of indazole-3-carboxamide (trivial names: U.S.C. 811(h). That same subsection also these substances was necessary to avoid FUB–AKB48; FUB–APINACA; AKB48 provides that the temporary scheduling an imminent hazard to the public safety N-(4-fluorobenzyl)); 1-(5-fluoropentyl)- of a substance shall expire at the end of pursuant to subsection (h)(1). N-(2-phenylpropan-2-yl)-1H-indazole-3- two years from the date of the issuance Subsection (h)(2) requires that the carboxamide (trivial names: 5F– of such temporary scheduling order, temporary control of these substances CUMYL–PINACA; SGT–25); and (1-(4- except that the Attorney General may, expire two years from the effective date fluorobenzyl)-1H-indol-3-yl)(2,2,3,3- during the pendency of proceedings of the scheduling order, i.e., on April 16, tetramethylcyclopropyl)methanone under 21 U.S.C. 811(a)(1) to 2021. However, this same subsection (trivial name: FUB–144), and their permanently schedule the substance, also provides that during the pendency optical, positional, and geometric extend the temporary scheduling for up of proceedings under 21 U.S.C. 811(a)(1) isomers, salts, and salts of isomers. The to one year. schedule I status of 5F–EDMB–PINACA, with respect to the substance, the 1 To the extent that subsection 811(h) 5F–MDMB–PICA, FUB–AKB48, 5F– temporary scheduling of that substance directs that temporary scheduling CUMYL–PINACA and FUB–144 may be extended for up to one year. actions be issued by order and sets forth currently is in effect until April 16, Proceedings for the scheduling of a the procedures by which such orders are 2021. This temporary order will extend substance under 21 U.S.C. 811(a) may to be issued and extended, DEA believes the temporary scheduling of 5F–EDMB– be initiated by the Attorney General that the notice and comment PINACA, 5F–MDMB–PICA, FUB– (delegated to the Administrator of DEA requirements of section 553 of the AKB48, 5F–CUMYL–PINACA and FUB– pursuant to 28 CFR 0.100) on his own Administrative Procedure Act, 5 U.S.C. 144 for one year or until the permanent motion, at the request of the Secretary 2 553, do not apply to this extension of scheduling action for these substances is of Health and Human Services (HHS), the temporary scheduling action. The completed, whichever occurs first. specific language chosen by Congress 1 DATES: This order, which extends the Though DEA has used the term ‘‘final order’’ indicates an intention for DEA to with respect to temporary scheduling orders in the temporary scheduling order that DEA past, this notice adheres to the statutory language proceed through the issuance of an previously issued for these substances of 21 U.S.C. 811(h), which refers to a ‘‘temporary order instead of proceeding by (84 FR 15505, April 16, 2019), is scheduling order.’’ No substantive change is rulemaking. Given that Congress effective April 16, 2021, and expires on intended. specifically requires the Attorney 2 The Secretary of HHS has delegated to the April 16, 2022. If DEA publishes a final Assistant Secretary for Health of HHS the authority General to follow rulemaking rule making this scheduling action to make domestic drug scheduling procedures for other kinds of scheduling permanent, this order will expire on the recommendations. actions, see 21 U.S.C. 811(a), it is
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noteworthy that, in subsection 811(h), designed to enable DEA to act in an Commander or designated Congress authorized the issuance of expeditious manner to avoid an representative. temporary scheduling actions by order imminent hazard to the public safety. DATES: The regulations in 33 CFR rather than by rule. In the alternative, Under subsection 811(h), temporary 165.801 Table 3 will be enforced from even if this action were subject to 5 scheduling orders are not subject to 8:30 p.m. through 10 p.m. on May 1, U.S.C. 553, the Acting Administrator notice and comment rulemaking 2021, or in the event of postponement finds that there is good cause to forgo procedures. DEA understands that the due to rain, on May 2, 2021. the notice and comment and the CSA frames temporary scheduling FOR FURTHER INFORMATION CONTACT: If delayed effective date requirements of actions as orders rather than rules to you have questions about this notice of such section, as any further delays in ensure that the process moves swiftly, enforcement, call or email Mr. Scott the process for extending the temporary and this extension of the temporary Whalen, U.S. Coast Guard; telephone scheduling order would be scheduling order continues to serve that impracticable and contrary to the public 409–719–5086, email scott.k.whalen@ purpose. For the same reasons that uscg.mil. interest in view of the manifest urgency underlie subsection 811(h), that is, the to avoid an imminent hazard to the need to place these substances in SUPPLEMENTARY INFORMATION: The Coast public safety that these substances schedule I because they pose an Guard will enforce safety zone would present if scheduling expired, for imminent hazard to public safety, it regulations in 33 CFR 165.801 Table 3 the reasons expressed in the temporary would be contrary to the public interest for the Port Neches Riverfest fireworks scheduling order (84 FR 15505, April to delay implementation of this display from 8:30 p.m. through 10 p.m. 16, 2019). Further, DEA believes that extension of the temporary scheduling on May 1, 2021, or in the event of rain, this order extending the temporary order. on May 2, 2021. This action is being scheduling action is not a ‘‘rule’’ as Therefore, in accordance with 5 taken to provide for the safety of life on defined by 5 U.S.C. 601(2), and, U.S.C. 808(2), this order extending the navigable waterways before, during, and accordingly, is not subject to the temporary scheduling order shall take after a pyrotechnics display. Our annual requirements of the Regulatory effect immediately upon its publication. fireworks displays and other events in Flexibility Act. The requirements for the DEA will submit a copy of this order to the Eighth Coast Guard District preparation of an initial regulatory both Houses of Congress and to the requiring safety zones, § 165.801, flexibility analysis in 5 U.S.C. 603(a) are Comptroller General, although such specifies the location of the safety zone not applicable where, as here, DEA is filing is not required under the CRA, 5 for the Riverfest fireworks display not required by 5 U.S.C. 553 or any U.S.C. 801–808, because, as noted which encompasses a 500-yard radius of other law to publish a general notice of above, this action is an order, not a rule. the fireworks barge anchored on the proposed rulemaking. Neches River in approximate position Additionally, this action is not a D. Christopher Evans, 29°59′51″ N 093°57′06″ W (NAD83). significant regulatory action as defined Acting Administrator. During the enforcement period, as by Executive Order (E.O.) 12866 [FR Doc. 2021–06555 Filed 3–30–21; 8:45 am] reflected in § 165.801 Table 3, if you are (Regulatory Planning and Review) BILLING CODE 4410–09–P the operator of a vessel in the regulated section 3(f), and the principles area you must comply with directions reaffirmed in E.O. 13563 (Improving from the Patrol Commander or Regulation and Regulatory Review), designated representative. DEPARTMENT OF HOMELAND and, accordingly, this action has not In addition to this notice of SECURITY been reviewed by the Office of enforcement in the Federal Register, the Management and Budget. Coast Guard Coast Guard plans to provide This action will not have substantial notification of the enforcement periods direct effects on the States, on the 33 CFR Part 165 via Local Notice to Mariners, Marine relationship between the national Safety Information Bulletin and Vessel government and the States, or on the [Docket No. USCG–2021–0153] Traffic Service Advisory. distribution of power and Dated: March 22, 2021. responsibilities among the various Annual Fireworks Displays and Other Molly. A. Wike, levels of government. Therefore, in Events in the Eighth Coast Guard Captain, U.S. Coast Guard, Captain of the accordance with E.O. 13132 District Requiring Safety Zones (Federalism), it is determined that this Port, Marine Safety Zone Port Arthur. action does not have sufficient AGENCY: Coast Guard, DHS. [FR Doc. 2021–06453 Filed 3–30–21; 8:45 am] federalism implications to warrant the ACTION: Notice of enforcement of BILLING CODE 9110–04–P preparation of a Federalism Assessment. regulation. As noted above, this action is an order, not a rule. Accordingly, the SUMMARY: The Coast Guard will enforce POSTAL SERVICE Congressional Review Act (CRA) is a safety zone for the Riverfest fireworks inapplicable, as it applies only to rules. display on the Neches River in Port 39 CFR Part 111 5 U.S.C. 801, 804(3). It is in the public Neches, TX from 8:30 p.m. through 10 interest to maintain the temporary p.m. on May 1, 2021 to provide for the Priority Mail Express Delivery Times placement of 5F–EDMB–PINACA, 5F– safety of life on navigable waterways AGENCY: Postal ServiceTM. MDMB–PICA, FUB–AKB48, 5F– during this event. Our regulation for ACTION: Final rule. CUMYL–PINACA and FUB–144 in fireworks displays and other events schedule I because they pose a public within the Eighth Coast Guard District SUMMARY: The Postal Service is health risk, for the reasons expressed in identifies the regulated area for this amending Mailing Standards of the the temporary scheduling order (84 FR event in Port Neches, TX. During the United States Postal Service, Domestic 15505, April 16, 2019). The temporary enforcement periods, the operator of any Mail Manual (DMM®) in various scheduling action was taken pursuant to vessel in the regulated area must sections to revise the Priority Mail 21 U.S.C. 811(h), which is specifically comply with directions from the Patrol Express® delivery times and to
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eliminate the optional 10:30 a.m. [Delete 1.6, ‘‘Optional Delivery Fee’’ [Delete 1.8, ‘‘Optional Delivery Fee’’ delivery time. in its entirety.] in its entirety and renumber 1.9 as 1.8.] DATES: Effective Date: May 23, 2021. * * * * * * * * * * FOR FURTHER INFORMATION CONTACT: 4.0 Service Features of Priority Mail 4.2 Priority Mail Express 1-Day Markes Lucius at (202) 268–6170, Denis Express Delivery Baranov (202) 268–4880, or Garry Rodriguez at (202) 268–7281. * * * * * * * * * * SUPPLEMENTARY INFORMATION: Currently, 4.2 Priority Mail Express 1-Day 4.2.3 Delivery Times the Priority Mail Express service Delivery [Revise the text of 4.2.3 to read as guarantee delivery times for most * * * * * follows:] domestic mail including Priority Mail Express Military Service® and Hold For 4.2.3 Delivery Time Except for items endorsed Pickup service are 12:00 p.m. or 3:00 [Revise the first sentence of 4.2.3 to ‘‘Guaranteed by End of Day’’ per an p.m. as designated by the 3-digit or 5- read as follows:] approved customer agreement, items are ® delivered by 6 p.m. on the next delivery digit destination ZIP Code delivery Items are delivered by 6 p.m. on the day. If delivery is not made, the areas and defined in the Priority Mail next delivery day. * * * Express Delivery directory. The Postal addressee is notified. A reminder notice Service is revising the 12:00 p.m. and 4.2.4 Hold for Pickup is left on the third day after the attempted delivery. A second delivery is 3:00 p.m. Priority Mail Express service [Revise the text of 4.2.4 to read as attempted only upon customer request. guarantee delivery times to 6:00 p.m. follows:] The Postal Service is also eliminating Except for Priority Mail Express 4.2.4 Hold for Pickup the optional 10:30 a.m. delivery time. mailpieces containing cremated The revisions to the Priority Mail remains, under Hold for Pickup service, [Revise the text of 4.2.4 to read as Express service guarantee delivery times items presented under 4.2 are available follows:] and elimination of the optional 10:30 for pickup by the addressee at the Except for Priority Mail Express a.m. delivery time will enable the Postal destination facility by 6:00 p.m. of the mailpieces containing cremated Service to improve the quality of service next day that the destination office is remains, under Hold for Pickup service, and provide a more efficient customer open for retail business. items presented under 4.2 are available experience. for pickup by the addressee at the The Postal Service adopts the 4.3 Priority Mail Express 2-Day destination facility by 6 p.m. of the next following changes to Mailing Standards Delivery day that the destination office is open of the United States Postal Service, * * * * * for retail business. Domestic Mail Manual (DMM), incorporated by reference in the Code of 4.3.3 Delivery Time 4.3 Priority Mail Express 2-Day Delivery Federal Regulations. See 39 CFR 111.1. [Revise the text of 4.3.3 to read as List of Subjects in 39 CFR Part 111 follows:] * * * * * Items are delivered by 6 p.m. on the 4.3.3 Delivery Times Administrative practice and second delivery day. If delivery is not procedure, Postal Service. made, the addressee is notified. A [Revise the text of 4.3.3 to read as Accordingly, 39 CFR part 111 is reminder notice is left on the third day follows:] amended as follows: after the attempted delivery. A second Except for items endorsed delivery is attempted only upon PART 111—[AMENDED] ‘‘Guaranteed by End of Day’’ per an customer request. approved customer agreement, items are ■ 1. The authority citation for 39 CFR 4.3.4 Hold for Pickup delivered by 6 p.m. on the second part 111 continues to read as follows: delivery day. If delivery is not made, the [Revise the text of 4.3.4 to read as addressee is notified. A reminder notice Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– follows:] is left on the third day after the 307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, Except for Priority Mail Express attempted delivery. A second delivery is 401, 403, 404, 414, 416, 3001–3011, 3201– mailpieces containing cremated 3219, 3403–3406, 3621, 3622, 3626, 3632, attempted only upon customer request. 3633, and 5001. remains, under Hold for Pickup service, items presented under 4.3 are available 4.3.4 Hold for Pickup ■ 2. Revise the Mailing Standards of the for pickup by the addressee at the United States Postal Service, Domestic [Revise the text of 4.3.4 to read as destination facility by 6:00 p.m. of the follows:] Mail Manual (DMM) as follows: second delivery day that the destination office is open for retail business. Except for Priority Mail Express Mailing Standards of the United States mailpieces containing cremated * * * * * Postal Service, Domestic Mail Manual remains, under Hold for Pickup service, (DMM) 200 Commercial Mail Letters, Flats, items presented under 4.3 are available 100 Retail Mail Letters, Cards, Flats, and Parcels for pickup by the addressee at the and Parcels * * * * * destination facility by 6 p.m. of the * * * * * second delivery day that the destination 210 Commercial Mail Priority Mail office is open for retail business. 110 Retail Mail Priority Mail Express Express * * * * * 113 Prices and Eligibility 213 Prices and Eligibility 600 Basic Standards For All Mailing 1.0 Prices and Fees 1.0 Prices and Fees Services * * * * * * * * * * * * * * *
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604 Postage Payment Methods and 2.6.5 To APO/FPO and DPO Number EPA–R03–OAR–2020–0198. All Refunds Destinations documents in the docket are listed on * * * * * [Revise the text of 2.6.5 to read as the https://www.regulations.gov follows:] website. Although listed in the index, 9.0 Exchanges and Refunds Under PMEMS, items mailed to APO/ some information is not publicly * * * * * FPO and DPO destinations (from the available, e.g., confidential business United States) are available for delivery information (CBI) or other information 9.2 Postage and Fee Refunds at the destination APO/FPO or DPO Post whose disclosure is restricted by statute. * * * * * Office by 6:00 p.m. on the designated Certain other material, such as delivery day. copyrighted material, is not placed on 9.2.1 General Standards the internet and will be publicly A refund for postage and fees may be 2.6.6 From APO/FPO and DPO available only in hard copy form. made: Destinations Publicly available docket materials are * * * * * [Revise the text of 2.6.5 to read as available through https:// [Revise the text of item e to read as follows:] www.regulations.gov, or please contact the person identified in the FOR FURTHER follows:] Under PMEMS, items mailed from INFORMATION CONTACT section for e. Under 9.5 for Priority Mail Express APO/FPO and DPO locations (going to additional availability information. postage and Sunday/holiday premium the United States) are delivered to an fee refunds. addressee within the delivery area of the FOR FURTHER INFORMATION CONTACT: Keila M. Paga´n-Incle, Planning & * * * * * destination Post Office by 6:00 p.m. on the designated delivery day. Implementation Branch (3AD30), Air & Radiation Division, U.S. Environmental 9.2.5 Applying for Refund * * * * * Protection Agency, Region III, 1650 A customer may apply for refunds Ruth B. Stevenson, Arch Street, Philadelphia, Pennsylvania under 9.2, as follows: 19103. The telephone number is (215) [Revise the first sentence of item a to Attorney, Federal Compliance. 814–2926. Ms. Paga´n-Incle can also be read as follows:] [FR Doc. 2021–06648 Filed 3–29–21; 4:15 pm] reached via electronic mail at pagan- a. Online (preferred) at BILLING CODE P [email protected]. www.USPS.com/help: For domestic, SUPPLEMENTARY INFORMATION: Priority Mail Express (postage, Sunday/ holiday premium fee), and for Certified ENVIRONMENTAL PROTECTION I. Background AGENCY Mail, Return Receipt (hardcopy and On June 29, 2020 (85 FR 38831), EPA electronic), Signature Confirmation, and 40 CFR Part 52 published a notice of proposed USPS Tracking (USPS Marketing Mail rulemaking (NPRM) for the State of only), extra services only. * * * [EPA–R03–OAR–2020–0198; FRL–10022– West Virginia. In the NPRM, EPA * * * * * 11–Region 3] proposed approval of West Virginia’s 9.5 Priority Mail Express Postage and Air Plan Approval; West Virginia; 1997 plan for maintaining the 1997 ozone Fees Refunds 8-Hour Ozone National Ambient Air NAAQS through June 14, 2027, in accordance with CAA section 175A. The Quality Standard Second Maintenance 9.5.1 Priority Mail Express 1-Day and formal SIP revision was submitted by Plan for the West Virginia Portion of 2-Day Delivery WVDEP on December 10, 2019. the Wheeling, WV-OH Area Comprising [Revise the text of 9.5.1 to read as Marshall and Ohio Counties II. Summary of SIP Revision and EPA follows:] Analysis For Priority Mail Express 1-Day and 2- AGENCY: Environmental Protection Day Delivery, the USPS refunds the Agency (EPA). On May 15, 2007 (72 FR 27247, effective June 14, 2007), EPA approved postage and Sunday or holiday ACTION: Final rule. premium fee for an item not delivered, a redesignation request (and maintenance plan) from WVDEP for the for an item for which delivery was not SUMMARY: The Environmental Protection Wheeling Area. Per CAA section attempted, or if the item was not made Agency (EPA) is approving a state 175A(b), at the end of the eighth year available for claim by the delivery date implementation plan (SIP) revision after the effective date of the and time specified at the time of submitted by the West Virginia redesignation, the state must also mailing, subject to the standards for this Department of Environmental Protection submit a second maintenance plan to service, unless the delay was caused by (WVDEP) on behalf of the State of West ensure ongoing maintenance of the one of the situations in 9.5.5. Virginia (WV). This revision pertains to West Virginia’s plan for maintaining the standard for an additional 10 years, and * * * * * 1997 8-hour ozone national ambient air in South Coast Air Quality Management 700 Special Standards quality standard (NAAQS) for the West District v. EPA (South Coast II),1 the Virginia portion of the Wheeling, WV- D.C. Circuit held that this requirement 703 Nonprofit USPS Marketing Mail cannot be waived for areas, like the and Other Unique Eligibility OH area (Wheeling Area) comprising Marshall and Ohio Counties. EPA is Wheeling Area, that had been * * * * * approving these revisions to the West redesignated to attainment for the 1997 Virginia SIP in accordance with the ozone NAAQS prior to revocation and 2.0 Overseas Military and Diplomatic that were designated attainment for the Post Office Mail requirements of the Clean Air Act (CAA). 2008 ozone NAAQS. CAA section 175A * * * * * sets forth the criteria for adequate DATES: This final rule is effective on maintenance plans. In addition, EPA 2.6 Priority Mail Express Military April 30, 2021. has published longstanding guidance Service (PMEMS) ADDRESSES: EPA has established a * * * * * docket for this action under Docket ID 1 882 F.3d 1138 (D.C. Cir. 2018).
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that provides further insight on the rulemaking action. A summary of the to the commenter’s request that content of an approvable maintenance comments and EPA’s responses are compensating emissions reductions be plan, explaining that a maintenance provided herein. obtained for any emissions increases plan should address five elements: (1) Comment 1: The commenter alleges that this project may eventually cause, An attainment emissions inventory; (2) that the plan should not be approved there is no mechanism under the CAA a maintenance demonstration; (3) a due to the allowance of future that requires such compensating commitment for continued air quality expansion of Interstate 70 (I-70) within emissions reductions as part of a monitoring; (4) a process for verification Ohio County in West Virginia and maintenance plan. In order to approve of continued attainment; and (5) a Belmont County in Ohio from a West the second maintenance plan for the contingency plan.2 WVDEP’s December Virginia ‘‘transportation conformity area, the plan must demonstrate that the 10, 2019 SIP submittal fulfills West plan.’’ The commenter takes issue that area will be able to remain in attainment Virginia’s obligation to submit a second the ‘‘transportation conformity plan’’ of the 1997 ozone NAAQS through maintenance plan and addresses each of will allow more vehicles to use the 2027. We have reviewed the second the five necessary elements. highway, hence increasing the vehicle maintenance plan and for the reasons As discussed in the June 29, 2020 miles traveled (VMT) and the mobile stated in this final rule and in the NPRM, consistent with longstanding source emissions. The commenter proposal, we have concluded that the EPA’s guidance,3 areas that meet certain claims that ‘‘EPA should require WV to second maintenance plan is approvable. criteria may be eligible to submit a compensate’’ for the increase in VMT 85 FR 38831 (June 29, 2020). limited maintenance plan (LMP) to arising from the future expansion Comment 2: The commenter claims satisfy one of the requirements of CAA project and suggests that this could be that the second maintenance plan section 175A. Specifically, states may evaluated by utilizing ‘‘actual VMT data should be rejected because ‘‘EPA has meet CAA section 175A’s requirements collected on I-70’’ in the motor vehicle not evaluated the loss in emission to ‘‘provide for maintenance’’ by emission simulator (MOVES) modeling reductions’’ due to certain policy demonstrating that the area’s design and the modeling ‘‘will show an positions taken by the Trump 4 values are well below the NAAQS and increase in mobile source emissions in administration related to ‘‘. . . the that it has had historical stability the area beyond that shown in WV’s CAFE 7 standards, biofuel blending attaining the NAAQS. EPA evaluated plan.’’ requirements and removing States’ and WVDEP’s December 10, 2019 submittal Response 1: EPA does not agree with California’s ability to set standards.’’ for consistency with all applicable EPA the commenter that the plan should not The commenter asserts that West guidance and CAA requirements. EPA be approved for the reasons given in the Virginia failed to use ‘‘reduced emission found that the submittal met CAA comment. The commenter did not standards’’ in the mobile source section 175A and all CAA requirements, identify a specific project that would evaluation. The commenter contends and proposed approval of the LMP for expand the I-70 as it exists today. In an that West Virginia ‘‘uses assumptions the Wheeling, WV-OH Area comprising effort to identify the project that the that are against EPA’s stated policy Marshall and Ohio Counties as a commenter referred to, we reviewed under the New Source Performance revision to the West Virginia SIP. The West Virginia’s current statewide Standards (NSPS) and the National effect of this action makes certain transportation improvement program Emission Standards for Hazardous commitments related to the (STIP) and the current long-range Pollutants (NESHAP)’’ and therefore, maintenance of the 1997 ozone NAAQS transportation plan for the West Virginia the plan should be rejected. Further, the federally enforceable as part of the West portion of the Wheeling metropolitan commenter takes issue that ‘‘Recently Virginia SIP. Other specific area which includes Marshall and Ohio EPA has announced protections under requirements of WVDEP’s December 10, Counties. We could not identify any I- the mercury and air toxic standards 2019 submittal and the rationale for 70 expansion projects in the STIP.5 We (MATS) rule and the Boiler maximum EPA’s proposed action are explained in did identify several bridge rehabilitation achievable control technology (MACT) the NPRM and will not be restated here. projects on I-70, but these would not rule,’’ and due to the removal of these III. EPA’s Response to Comments constitute highway expansion projects programs, ‘‘EPA should require states to Received and would not result in increased use those planning assumptions and account for any lost emissions EPA received four comments on the vehicle miles traveled. We did identify June 29, 2020 NPRM. All comments one highway expansion project in the reductions achieved by those received are in the docket for this area’s long-range transportation plan.6 programs.’’ That project would upgrade I-70 to six Response 2: It is unclear from the comment how or why the commenter 2 ‘‘Procedures for Processing Requests to lanes from Elm Grove/Triadelphia Redesignate Areas to Attainment,’’ Memorandum interchange to Cabela Drive in Ohio believes the particular policies cited are from John Calcagni, Director, Air Quality County. Construction is not slated to relevant to this action. For example, Management Division, September 4, 1992 (Calcagni begin until 2036. The opening date for biofuel blending requirements are not Memo). relevant to ozone reductions, and 3 See ‘‘Limited Maintenance Plan Option for the project is not stated in the long- Nonclassifiable Ozone Nonattainment Areas’’ from range plan. Belomar, the metropolitan neither West Virginia nor Ohio has Sally L. Shaver, Office of Air Quality Planning and planning organization for the area, will adopted California’s light duty vehicle Standards (OAQPS), dated November 16, 1994; have to consider the potential impacts emission standards, and therefore, ‘‘Limited Maintenance Plan Option for neither state is impacted by the Nonclassifiable CO Nonattainment Areas’’ from of this project on air quality in the area Joseph Paisie, OAQPS, dated October 6, 1995; and when it makes transportation withdrawal of California’s waiver for its ‘‘Limited Maintenance Plan Option for Moderate conformity determinations for the 1997 zero emission vehicle sales mandate and PM10 Nonattainment Areas’’ from Lydia Wegman, ozone NAAQS. However, with respect its greenhouse gas emissions standards.8 OAQPS, dated August 9, 2001. The change to the National Highway 4 The ozone design value for a monitoring site is the 3-year average of the annual fourth-highest daily 5 https://transportation.wv.gov/highways/ maximum 8-hour average ozone concentrations. programming/STIP/Pages/default.aspx. 7 Corporate Average Fuel Economy (CAFE). The design value for an ozone nonattainment area 6 https://www.belomar.org/wordpress/wp- 8 See 84 FR 51310, September 27, 2019. The Safer is the highest design value of any monitoring site content/uploads/2016/07/bomts-lrp-2040-final- Affordable Fuel-Efficient (SAFE) Vehicles Rule Part in the area. document.pdf. One: One National Program.
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Traffic Safety Administration’s MATS rule. Similarly, although EPA has design values are and have been stable (NHTSA) corporate average fuel proposed certain changes to the Boiler and well below the NAAQS—e.g., at economy rules and EPA’s greenhouse MACT in response to a court decision,11 85% of the standard, or in this case at gas emissions standards did not affect those proposed changes have not been or below 0.071 ppm. EPA calls such EPA’s Tier 3 vehicle and fuel finalized to date. Therefore, the demonstration a ‘‘limited maintenance regulation.9 Therefore, new vehicles environmental protections of neither the plan.’’ continue to be required to be certified to MATS rule nor the Boiler MACT rule The modeling cited by the commenter the Tier 3 emissions standards for have been removed or decreased. EPA was referenced in West Virginia’s nitrogen oxides (NOX) and volatile therefore disagrees with the commenter submission and as part of EPA’s organic compounds (VOCs). Neither of that this plan should be disapproved proposed approval as supplementary the Safer Affordable Fuel-Efficient because of WVDEP’s failure to address, supporting information, and we do not (SAFE) rulemakings affected emissions in a plan designed to maintain an ozone agree that the commenter’s concerns from the existing vehicle fleet. For the standard, the CAA programs and about relying on that modeling are reasons stated in the NPRM, we disagree policies referenced by the commenter. warranted. The commenter contends with alleged deficiencies in evaluating Comment 3: The commenter asserts that the modeling only goes out three mobile sources. that the LMP should not be approved years (to 2023) and it needs to go out to We also do not agree with the because of EPA’s reliance on the Air 10 years, and therefore may not be commenter’s contentions about West Quality Modeling Technical Support relied upon. However, the air quality Virginia using ‘‘assumptions that are Document (TSD) that was developed for modeling TSD was only relied upon by against EPA’s stated policy under NSPS EPA’s regional transport rulemaking. EPA to provide additional support to and NESHAP,’’ or that EPA should The commenter contends that: (1) The indicate that the area is expected to require West Virginia to address the TSD shows maintenance of the area for continue to attain the NAAQS during removal of protections the commenter three years and not 10 years; (2) the the relevant period. As noted above, alleges EPA has made under the MATS modeling was performed for transport West Virginia primarily met the and Boiler MACT rules. The commenter purposes across state lines and not to requirement to demonstrate does not identify how any NSPS or show maintenance of the NAAQS; (3) maintenance of the NAAQS by showing NESHAP ‘‘policies’’ impact this action, the modeling was performed for the that they met the criteria for a limited or which policies, NESHAPs or NSPS 2008 and 2015 ozone NAAQS and not maintenance plan, rather than by the commenter believes are relevant to the 1997 ozone NAAQS; (4) the TSD has modeling or projecting emissions this action. With respect to MATS and been ‘‘highly contested’’ by inventories out to a future year. We also the Boiler MACT, the commenter environmental groups and that ‘‘other do not agree that the State is required incorrectly assumes that protections states contend EPA’s modeling as to demonstrate maintenance for 10 under those rules have been ‘‘removed.’’ flawed;’’ and (5) the TSD does not years; CAA section 175A requires the In a 2020 rulemaking, EPA found that it address a recent court decision that State to demonstrate maintenance was not ‘‘appropriate and necessary’’ to threw out EPA’s modeling ‘‘because it through the 20th year after the area is regulate hazardous air pollutants (HAP) modeled to the wrong attainment year. redesignated, which in this case is 2027. We also disagree with the emissions from coal- and oil-fired . . .’’ The commenter asserts that the commenter’s contention that because Electrical Generating Units (EGUs), four specific issues it raises with respect the air quality modeling TSD was thereby reversing the Agency’s previous to the modeling means that the TSD is ‘‘flawed, illegal, [and] is being used performed to analyze the transport of conclusion under CAA section improperly for the wrong purpose. . . .’’ pollution across state lines with respect 112(n)(1)(A). 85 FR 31286 (May 22, The commenter states that ‘‘EPA must to other ozone NAAQS, it cannot be 2020). This action did not, however, retract its reliance on the modeling for relied upon in this action. We remove the EGUs covered by MATS the purposes of this maintenance plan acknowledge that the air quality from regulation. EPA explicitly stated and must find some other way of modeling TSD at issue was performed as that coal- and oil-fired EGUs would showing continued maintenance of the part of EPA’s efforts to address interstate remain on the CAA section 112(c)(1) 1997 ozone NAAQS.’’ transport pollution under CAA section source category list, and that the CAA Response 3: EPA does not agree with 110(a)(2)(D)(i)(I). However, the purpose section 112(d) standards for those EGUs, the commenter that the approval of of the air quality modeling TSD is fully as promulgated in the MATS rule, West Virginia’s second maintenance in keeping with the question of whether would be unaffected by its reversal of plan is not appropriate. The commenter West Virginia is expected to maintain the ‘‘appropriate and necessary’’ finding raises concerns about West Virginia and the NAAQS. The air quality modeling because EPA had not met the statutorily EPA’s citation of air quality modeling, TSD identifies which air quality required CAA section 112(c)(9) delisting but the commenter ignores that EPA’s monitors in the United States are criteria to remove these units from primary basis for finding that West projected to have problems attaining or regulation. 85 FR at 31286 (May 22, Virginia has provided for maintenance maintaining the 2008 and 2015 NAAQS 10 2020). The commenter is therefore of the 1997 ozone NAAQS in the for ozone in 2023. Because the air incorrect that there has been any Wheeling Area is the State’s quality modeling TSD results simply ‘‘removal of protections’’ with respect to demonstration that the criteria for a provide projected ozone concentration the emission limits required under the limited maintenance plan has been met. design values, which are expressed as See 85 FR 38831, June 29, 2020. three-year averages of the annual fourth 9 See 85 FR 24174, April 30, 2020. The Safer Specifically, as stated in the NPRM, for high 8-hour daily maximum ozone Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021–2026 Passenger Cars and Light decades EPA has interpreted the concentrations, the modeling results are Trucks. provision in CAA section 175A that useful for analyzing attainment and 10 We note also that the 2020 rulemaking has been requires states to ‘‘provide for maintenance of any of the ozone challenged in the Court of Appeals for the District maintenance’’ of the NAAQS to be NAAQS that are measured using this of Columbia and has also been identified by President Biden’s January 20, 2021 Executive Order satisfied where areas demonstrate that averaging time; in this case, the 1997, as an action that EPA should propose to review, 2008 and 2015 ozone NAAQS. The only revise, or rescind by August 2021. 11 85 FR 52198 (August 24, 2020). difference between the three standards
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is stringency. Taking the Wheeling with respect to the many technical IV. Final Action Area’s most recent certified design value challenges raised by petitioners in the EPA is approving the 1997 ozone as of the proposal (i.e., for the years Wisconsin case.15 We therefore think NAAQS limited maintenance plan for 2016–2018), the area’s design value was reliance on the interstate transport air the Wheeling, WV-OH area comprising 0.066 parts per million (ppm). What we quality modeling TSD as supplemental Marshall and Ohio Counties as a can discern from this is that the area is support for showing that the Wheeling revision to the West Virginia SIP. meeting the 1997 ozone NAAQS of Area will maintain the 1997 ozone 0.080 ppm, the 2008 ozone NAAQS of NAAQS through the end of its 20th-year V. Statutory and Executive Order 0.075 ppm, and the 2015 ozone NAAQS maintenance period is appropriate. Reviews of 0.070 ppm. The same principle A. General Requirements applies to projected design values from Comment 4: The commenter asserts the air quality modeling TSD. In this that EPA should disapprove this Under the CAA, the Administrator is case, the interstate transport modeling maintenance plan because EPA should required to approve a SIP submission indicated that in 2023, the Wheeling not allow states to rely on emission that complies with the provisions of the Area’s design value is projected to be programs such as the Cross-State Air CAA and applicable Federal regulations. 0.067 ppm,12 which is again, well below Pollution rule (CSAPR) to demonstrate 42 U.S.C. 7410(k); 40 CFR 52.02(a). all three standards. The fact that the air maintenance for the 1997 ozone Thus, in reviewing SIP submissions, quality modeling TSD was performed to NAAQS. The commenter alleges that EPA’s role is to approve state choices, indicate whether the area will have ‘‘the CSAP and CSAP Update and CSAP provided that they meet the criteria of problems attaining or maintaining the Close-out rules were vacated entirely’’ the CAA. Accordingly, this action 2015 ozone NAAQS (i.e., 0.070 ppm) by multiple courts and ‘‘are now illegal merely approves state law as meeting does not make the modeling less useful programs providing no legally Federal requirements and does not for determining whether the area will enforceable emission reductions to any impose additional requirements beyond also meet the less stringent revoked states formerly covered by the rules.’’ those imposed by state law. For that 1997 standard (i.e., 0.080 ppm). reason, this action: The commenter also asserts that nothing • The commenter asserts that many restricts ‘‘big coal and gas power plants Is not a ‘‘significant regulatory groups have criticized EPA’s transport from emitting way beyond there (sic) action’’ subject to review by the Office modeling, alleging that the agency used restricted amounts.’’ The commenter of Management and Budget under Executive Orders 12866 (58 FR 51735, improper emissions inventories, does allow that ‘‘If EPA can show that incorrect contribution thresholds, wrong October 4, 1993) and 13563 (76 FR 3821, continued maintenance without these modeling years, or that EPA has not January 21, 2011); rules is possible for the next 10 years accounted for local situations or • Does not impose an information then that would be OK but as the plan reductions that occurred after the collection burden under the provisions stands it relies on these reductions and inventories were established. The of the Paperwork Reduction Act (44 commenter also alleges that EPA should must be disapproved.’’ U.S.C. 3501 et seq.); not rely on its modeling because it ‘‘fails Response 4: The commenter has • Is certified as not having a to stand up to the recent court misapprehended the factual significant economic impact on a decisions,’’ citing the Wisconsin v. EPA circumstances regarding these interstate substantial number of small entities D.C. Circuit decision.13 EPA disagrees transport rules. Every rule cited by the under the Regulatory Flexibility Act (5 that the existence of criticisms of the commenter that achieves emission U.S.C. 601 et seq.); agency’s air quality modeling TSD reductions from electric generating units • Does not contain any unfunded render it unreliable, and we also do not (EGUs or power plants)—i.e., the Cross- mandate or significantly or uniquely agree that anything in recent court State Air Pollution Rule and the CSAPR affect small governments, as described decisions, including Wisconsin v. EPA, Update—remains in place and in the Unfunded Mandates Reform Act suggests that EPA’s air quality modeling continues to ensure emission reductions of 1995 (Pub. L. 104–4); • Does not have Federalism TSD is technically flawed. We of NOX and sulfur dioxide (SO2). CSAPR acknowledge that the source began implementation in 2015 (after it implications as specified in Executive apportionment air quality modeling was largely upheld by the Supreme Order 13132 (64 FR 43255, August 10, TSD runs cited by the commenter have 1999); Court) and the CSAPR Update began • been at issue in various legal challenges implementation in 2017. The latter rule Is not an economically significant regulatory action based on health or to EPA actions, including the Wisconsin was remanded to EPA to address the safety risks subject to Executive Order v. EPA case. However, in that case, the analytic year issues discussed in the 13045 (62 FR 19885, April 23, 1997); only flaw in EPA’s air quality modeling prior comment and response, but the TSD identified by the D.C. Circuit was • Is not a significant regulatory action rule remains fully in effect. The the fact that its analytic year did not subject to Executive Order 13211 (66 FR commenter is correct that the D.C. align with the attainment date found in 28355, May 22, 2001); Circuit vacated the CSAPR close-out, CAA section 181.14 Contrary to the • Is not subject to requirements of commenter’s suggestion, the D.C. Circuit but we note that that rule was only a section 12(d) of the National upheld EPA’s air quality modeling TSD determination that no further emission Technology Transfer and Advancement reductions were required to address Act of 1995 (15 U.S.C. 272 note) because 12 The June 29, 2020 NPRM for this action recited interstate transport obligations for the application of those requirements would 0.060 ppm as the Projected 2023 design value in 2008 ozone NAAQS; the rule did not be inconsistent with the CAA; and Table 2—Wheeling Area 8-hour Ozone Design itself establish any emission reductions. • Value in Part Per Million. Through this final action Does not provide EPA with the we clarify that the correct Projected 2023 design We therefore disagree that the legal discretionary authority to address, as value that was included in the State’s submission, status of these rules presents any appropriate, disproportionate human is 0.067 ppm. The inclusion of the slightly higher obstacle to EPA’s approval of West health or environmental effects, using but incorrect figure in the NPRM is a harmless error that does not alter EPA’s approval of this LMP. Virginia’s submission. practicable and legally permissible 13 Wisconsin, 938 F.3d 303 (D.C. Cir. 2019). methods, under Executive Order 12898 14 Wisconsin, 938 F.3d at 313. 15 Wisconsin, 938 F.3d at 323–331. (59 FR 7629, February 16, 1994).
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In addition, this rule does not have This action is not a ‘‘major rule’’ as Dated: March 25, 2021. tribal implications as specified by defined by 5 U.S.C. 804(2). Diana Esher, Executive Order 13175 (65 FR 67249, C. Petitions for Judicial Review Acting Regional Administrator, Region III. November 9, 2000), because the SIP is For the reasons stated in the not approved to apply in Indian country Under section 307(b)(1) of the CAA, preamble, the EPA amends 40 CFR part located in the State, and EPA notes that petitions for judicial review of this 52 as follows: it will not impose substantial direct action must be filed in the United States costs on tribal governments or preempt Court of Appeals for the appropriate PART 52—APPROVAL AND tribal law. circuit by June 1, 2021. Filing a petition PROMULGATION OF for reconsideration by the Administrator IMPLEMENTATION PLANS B. Submission to Congress and the of this final rule does not affect the Comptroller General finality of this action for the purposes of ■ 1. The authority citation for part 52 The Congressional Review Act, 5 judicial review nor does it extend the continues to read as follows: U.S.C. 801 et seq., as added by the Small time within which a petition for judicial Authority: 42 U.S.C. 7401 et seq. Business Regulatory Enforcement review may be filed, and shall not Fairness Act of 1996, generally provides postpone the effectiveness of such rule Subpart XX—West Virginia that before a rule may take effect, the or action. agency promulgating the rule must This action pertaining to West ■ 2. In § 52.2520, the table in paragraph submit a rule report, which includes a Virginia’s limited maintenance plan for (e) is amended by adding an entry for copy of the rule, to each House of the the Wheeling, WV-OH area comprising ‘‘1997 8-Hour Ozone National Ambient Congress and to the Comptroller General Marshall and Ohio Counties may not be Air Quality Standard Second of the United States. EPA will submit a challenged later in proceedings to Maintenance Plan for the West Virginia report containing this action and other enforce its requirements. (See section Portion of the Wheeling, WV–OH Area required information to the U.S. Senate, 307(b)(2).) Comprising Marshall and Ohio the U.S. House of Representatives, and List of Subjects in 40 CFR Part 52 Counties’’ at the end of the table to read the Comptroller General of the United as follows: States prior to publication of the rule in Environmental protection, Air the Federal Register. A major rule pollution control, Incorporation by § 52.2520 Identification of plan. cannot take effect until 60 days after it reference, Nitrogen dioxide, Ozone, * * * * * is published in the Federal Register. Volatile organic compounds. (e) * * *
State Name of non-regulatory SIP revision Applicable geographic area submittal EPA approval date Additional date explanation
******* 1997 8-Hour Ozone National Ambient Air Wheeling WV-OH, West 12/10/19 3/31/21, [insert Federal Quality Standard Second Maintenance Virginia Area Comprising Register citation]. Plan for the West Virginia Portion of Marshall and Ohio Coun- the Wheeling, WV-OH Area Com- ties. prising Marshall and Ohio Counties.
[FR Doc. 2021–06523 Filed 3–30–21; 8:45 am] SUMMARY: We, the NMFS, are delaying bycatch and mortality of sea turtles in BILLING CODE 6560–50–P the effective date of a final rule that the southeastern U.S. shrimp fisheries, published on December 20, 2019. and to aid in the protection and DATES: As of March 31, 2021, the recovery of listed sea turtle populations. effective date of the rule amending 50 The rule also amends the definition of DEPARTMENT OF COMMERCE CFR part 223 that published at 84 FR tow time to better clarify the intent and 70048 on December 20, 2019, is delayed purpose of tow times to reduce sea National Oceanic and Atmospheric until August 1, 2021. turtle mortality, and it refines additional Administration FOR FURTHER INFORMATION CONTACT: portions of the TED requirements to Jennifer Lee, NMFS Southeast Regional avoid potential confusion. We delayed 50 CFR Part 622 Office, telephone: 727–824–5312, or the effectiveness of the final rule until email: [email protected]. April 1, 2021, to allow for the [Docket No. 210325–0069] SUPPLEMENTARY INFORMATION: On manufacture of the necessary number of December 20, 2019, we published a final TEDs and for fishers, particularly lower RIN 0648–BK45 rule to amend the alternative tow time income fishers, to prepare financially restriction to require all skimmer trawl for the regulation. Sea Turtle Conservation; Shrimp vessels 40 feet and greater in length to We typically conduct outreach on Trawling Requirements use turtle excluder devices (TEDs) changes to TED regulations through in- AGENCY: National Marine Fisheries designed to exclude small sea turtles in person industry workshops and trade Service (NMFS), National Oceanic and their nets, and that rule had an effective shows, dockside and net shop visits, Atmospheric Administration (NOAA), date of April 1, 2021 (84 FR 70048). The and enforcement trainings. In our final Commerce. final rule amends regulations at 50 CFR rule we stated that we would be part 223 under the authority of the scheduling and announcing future TED ACTION: Final rule; delay of effective Endangered Species Act. The purpose of training workshops. We also distributed date. the final rule is to reduce incidental a Fishery Bulletin to industry
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representatives, state agency partners, could lead to greater harm to listed sea under authority of the Magnuson- media, and other constituents on the turtles. We are temporarily delaying the Stevens Fishery Conservation and final rule, notifying fishers that we effective date of the rule (see DATES Management Act. Regulations governing would be conducting numerous section) to provide us with additional fishing by U.S. vessels in accordance workshops and training sessions for time to promote compliance with the with the FMP appear at subpart H of 50 skimmer trawl fishers, and that new regulations. CFR part 600 and 50 CFR part 679. information on these sessions would be For these same reasons, the AA also The 2021 Chinook salmon prohibited finds good cause to waive the 30-day posted on our website at: https:// species catch (PSC) limit for non- www.fisheries.noaa.gov/southeast/ delay in the effectiveness of this action Rockfish Program catcher vessels bycatch/turtle-excluder-device- under 5 U.S.C. 553(d)(3). directed fishing for groundfish, other regulations. Authority: 16 U.S.C. 1531 et seq. We are now delaying the effective than pollock, using trawl gear in the date of the final rule published on Dated: March 25, 2021. Western and Central Regulatory Areas of December 20, 2019, (84 FR 70048) until Samuel D. Rauch III, the GOA is 3,060 Chinook salmon August 1, 2021. Safety and travel Deputy Assistant Administrator for (§ 679.21(h)(4)(i)(C)). restrictions due to the COVID–19 Regulatory Programs, National Marine In accordance with § 679.21(h)(8)(ii), pandemic have limited our ability to Fisheries Service. the Regional Administrator has complete the in-person workshops and [FR Doc. 2021–06594 Filed 3–30–21; 8:45 am] determined that the 2021 Chinook training sessions that we had BILLING CODE 3510–22–P salmon PSC limit established for non- anticipated and communicated to the Rockfish Program catcher vessels public. This delay in effective date is directed fishing for groundfish, other necessary to provide us with additional DEPARTMENT OF COMMERCE than pollock, using trawl gear in the time to conduct our planned outreach Western and Central Regulatory Areas of National Oceanic and Atmospheric and training for fishers through a the GOA has been reached. Therefore, Administration modified strategy, including but not NMFS is prohibiting directed fishing for limited to, virtual training sessions with groundfish (except for pollock) by non- 50 CFR Part 679 the public. In addition to generally Rockfish Program catcher vessels using educating the public on the use of the [Docket No. 210210–0018; RTID 0648– trawl gear in the Western and Central devices, it will help prepare us for XA913] Regulatory Areas of the GOA. responding to installation and maintenance problems from industry Fisheries of the Economic Exclusive While this closure is effective the when the regulations go in effect. This Zone Off Alaska; Groundfish Fishery maximum retainable amounts at 50 CFR will allow fishers to be better prepared by Non-Rockfish Program Catcher 679.20(e) and (f) apply at any time for compliance with regulations and Vessels Using Trawl Gear in the during a trip. reduce the likelihood of potential Western and Central Regulatory Area Classification increased sea turtle deaths caused by of the Gulf of Alaska widespread use of improperly NMFS issues this action pursuant to AGENCY: National Marine Fisheries constructed and/or installed TEDs. section 305(d) of the Magnuson-Stevens Service (NMFS), National Oceanic and Act. This action is required by 50 CFR Administrative Procedure Act Atmospheric Administration (NOAA), part 679, which was issued pursuant to Commerce. The Assistant Administrator for section 304(b), and is exempt from ACTION: Fisheries (AA) finds that there is good Temporary rule; closure. review under Executive Order 12866. cause to waive the requirements to SUMMARY: NMFS is prohibiting directed provide prior notice and opportunity for Pursuant to 5 U.S.C. 553(b)(B), there fishing for groundfish, other than public comment pursuant to the is good cause to waive prior notice and pollock, by non-Rockfish Program authority set forth in 5 U.S.C. 553(b)(B), an opportunity for public comment on catcher vessels using trawl gear in the because prior notice and opportunity for this action, as notice and comment Western and Central Regulatory Areas of public comment on this temporary would be impracticable and contrary to the Gulf of Alaska (GOA). This action is delay is unnecessary and would be the public interest, as it would prevent necessary to prevent exceeding the 2021 contrary to the public interest. Such NMFS from responding to the most Chinook salmon prohibited species procedures are unnecessary because the recent fisheries data in a timely fashion rule that published at 84 FR 70048 on catch limit established for non-Rockfish and would delay is prohibiting directed December 20, 2019, has already been Program catcher vessels using trawl gear fishing for groundfish, other than subject to notice and comment, and all and directed fishing for groundfish, pollock, by non-Rockfish Program that remains is to notify the public of other than pollock, in the Western and catcher vessels using trawl gear in the this delay in the effective date of the Central Regulatory Areas of the GOA. Western and Central Regulatory Areas of previously noticed regulations. DATES: Effective 1200 hours, Alaska the GOA. NMFS was unable to publish Providing additional prior notice and local time (A.l.t.), March 26, 2021, a notice providing time for public opportunity for public comment is through 2400 hours, A.l.t., December 31, comment because the most recent, contrary to the public interest because 2021. relevant data only became available as there is a need to implement FOR FURTHER INFORMATION CONTACT: of March 25, 2021. immediately this action to delay the Obren Davis, 907–586–7228. Authority: 16 U.S.C. 1801 et seq. April 1, 2021, effective date of the final SUPPLEMENTARY INFORMATION: NMFS Dated: March 25, 2021. rule and to provide notice of the delay manages the groundfish fishery in the to affected fishery participants. Making GOA exclusive economic zone Jennifer M. Wallace, the requirements effective before fishers according to the Fishery Management Acting Director, Office of Sustainable are properly educated and trained Plan for Groundfish of the Gulf of Fisheries, National Marine Fisheries Service. regarding the devices could lead to Alaska (FMP) prepared by the North [FR Doc. 2021–06560 Filed 3–26–21; 4:15 pm] improper installation and use, which Pacific Fishery Management Council BILLING CODE 3510–22–P
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Proposed Rules Federal Register Vol. 86, No. 60
Wednesday, March 31, 2021
This section of the FEDERAL REGISTER adams.html. To begin the search, select calibration laboratories that are certified contains notices to the public of the proposed ‘‘Begin Web-based ADAMS Search.’’ For under an accrediting organization such issuance of rules and regulations. The problems with ADAMS, please contact as the American Association for purpose of these notices is to give interested the NRC’s Public Document Room (PDR) Laboratory Accreditation, National persons an opportunity to participate in the reference staff at 1–800–397–4209, 301– Voluntary Laboratory Accreditation rule making prior to the adoption of the final rules. 415–4737, or by email to pdr.resource@ Program, or similar accrediting body, as nrc.gov. The ADAMS accession number a part of normal and required for each document referenced in this operations. The petitioner states that, NUCLEAR REGULATORY document (if that document is available because of this lack of accreditation, COMMISSION in ADAMS) is provided the first time certain important factors are not that it is mentioned in the currently considered in measurements 10 CFR Part 50 SUPPLEMENTARY INFORMATION section. conducted at nuclear power plants, • Attention: The Public Document [Docket No. PRM–50–118; NRC–2019–0071] including the ratio of measurement Room (PDR), where you may examine standards to units under test. The Measurement Standards Used at U.S. and order copies of public documents, petitioner contends that this leads to an Nuclear Power Plants is currently closed. You may submit unresolved safety issue for Quality your request to the PDR via email at (safety-related) measurements in AGENCY: Nuclear Regulatory [email protected] or call 1–800– particular. The petitioner also states that Commission. 397–4209 between 8:00 a.m. and 4:00 existing internal quality assurance and ACTION: Petition for rulemaking; denial. p.m. (EST), Monday through Friday, documents and standards currently in except Federal holidays. use for inspections and audits do not SUMMARY: The U.S. Nuclear Regulatory FOR FURTHER INFORMATION CONTACT: adequately address this concern. Commission (NRC) is denying a petition Solomon Sahle, Office of Nuclear II. Public Comments on the Petition for rulemaking, submitted by Mr. Material Safety and Safeguards, Michael Taylor (the petitioner), dated telephone: 301–415–3781, email: A. Overview of Public Comments December 3, 2018. The petition was [email protected], or Greg docketed by the NRC on March 4, 2019, The NRC published the notice of Galletti, Office of Nuclear Reactor receipt and request for public comment and was assigned Docket No. PRM–50– Regulation, telephone: 301–415–1831, 118. The petitioner requested that the in the Federal Register on May 15, 2019 email: [email protected]. Both are (84 FR 21727). The public comment NRC amend its regulations regarding the staff of the U.S. Nuclear Regulatory measurement standards used at U.S. period closed on July 29, 2019. The NRC Commission, Washington, DC 20555– received a total of five public comments. nuclear power plants. The NRC is 0001. denying the petition because the NRC’s Three comments expressed support for current regulations and oversight SUPPLEMENTARY INFORMATION: the petition, one did not clearly support activities provide reasonable assurance I. The Petition or oppose the petition, and one (from the petitioner) provided grammatical of adequate protection of public health Section 2.802 of title 10 of the Code and safety. corrections and minor clarifications to of Federal Regulations (10 CFR), the petition. DATES: The docket for PRM–50–118 is ‘‘Petition for rulemaking—requirements The NRC reviewed and considered closed on March 31, 2021. for filing,’’ provides an opportunity for the public comments received in ADDRESSES: Please refer to Docket ID any interested person to petition the making its decision to deny the PRM. NRC–2019–0071 when contacting the Commission to issue, amend, or rescind The NRC response follows a short NRC about the availability of any regulation. On December 3, 2018, summary of each comment. information for this action. You may the NRC received a petition for obtain publicly-available information rulemaking (PRM) from Mr. Michael B. NRC Responses to Public Comments related to this action by any of the Taylor, as amended on July 22, 2019 Comment: One comment, from an following methods: (ADAMS Accession Nos. ML19074A303 anonymous individual, agrees with the • Federal Rulemaking Website: Go to and ML19199A014, respectively). The petitioner that the current regulations https://www.regulations.gov and search petitioner requested that the NRC leave margin for error and that for Docket ID NRC–2019–0071. Address amend its regulations to require that all additional regulations are necessary. questions about NRC dockets to Dawn metrology and calibration laboratories at NRC Response: The NRC disagrees Forder; telephone: 301–415–3407; nuclear power plants become certified with this comment. The NRC performed email: [email protected]. For by accrediting organizations that require an independent search of all licensee technical questions, contact the the use of certain measurement event reports and greater-than-green individuals listed in the FOR FURTHER standards. The petitioner also requested inspection findings since 2015 and did INFORMATION CONTACT section of this that the NRC require training of all not identify any examples of safety document. personnel and their management that issues caused by the lack of laboratory • NRC’s Agencywide Documents make measurements at nuclear power certification requirements. In addition, a Access and Management System plants, to ensure a clear understanding licensee’s calibration program must (ADAMS): You may obtain publicly- of the effects of measurement standards. meet the requirements of criterion XII, available documents online in the The petitioner is concerned that U.S. ‘‘Control of Measuring and Test ADAMS Public Documents collection at nuclear power plants are not required to Equipment,’’ of appendix B, ‘‘Quality https://www.nrc.gov/reading-rm/ use or have internal metrology or Assurance Criteria for Nuclear Power
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Plants and Fuel Reprocessing Plants,’’ to Services must meet the requirements of for the training of nuclear power plant 10 CFR part 50, ‘‘Domestic Licensing of criterion II of appendix B to 10 CFR part personnel performing safety-related Production and Utilization Facilities.’’ 50. Meeting this regulation provides activities are covered by criterion II, Furthermore, a licensee’s compliance reasonable assurance of adequate ‘‘Quality Assurance Program,’’ of with the requirements of appendix B to protection of public health and safety. appendix B to 10 CFR part 50. Any 10 CFR part 50 is subject to inspection Comment: A comment from James personnel performing safety-related by the NRC. As such, the NRC has Anderson, a private citizen, requested calibrations in an onsite laboratory or at reasonable assurance that the existing that the NRC not reduce time or money a metrology laboratory utilized by regulations provide adequate protection spent on nuclear power plants. nuclear power plants would fall under of public health and safety. NRC Response: The NRC interprets these requirements. Comment: A comment from an this comment to request that the NRC In addition, the NRC conducted an anonymous individual stated that not reduce its oversight or resources independent search of all license event current internal labs in the utility spent on the regulation of nuclear power reports and greater-than-green industry should be required to go plants. The NRC considers the comment inspection findings from 2015 onward through the same requirements that to be out-of-scope of this petition. and did not identify any examples of external calibration facilities must go Comment: The petitioner, Michael safety issues caused by improper through when calibrating and testing Taylor, submitted a document providing calibrations of measurement and test equipment for nuclear plants. According revisions to the PRM, including equipment at nuclear power plant to this comment, it is not economically grammatical corrections and a few internal laboratories or by the lack of fair for the external calibration labs to minor clarifications of the original laboratory certification requirements. pay for and go through the rigorous petition. In summary, the NRC is denying the NRC Response: The NRC considered audits and try to compete for business petition because the petition does not the revised PRM submitted in this when internal laboratories are not raise a significant safety or security comment. required to pay for this expensive concern. The requested amendments to certification. This comment suggests III. Reasons for Denial NRC regulations are not necessary that this petition puts every calibration The NRC is denying the petition because existing NRC regulations and business on an equal playing field and inspection procedures provide would ensure uniform, basic knowledge because the petition does not raise a significant safety or security concern reasonable assurance of adequate and skills prior to employment and protection of public health and safety. continuing education each year after to that would warrant the requested satisfy certification renewal. changes to the NRC’s regulations. To IV. Conclusion NRC Response: The NRC disagrees reach this determination, the staff evaluated the merits of the petition, For the reasons cited in this with this comment. Training document, the NRC is denying PRM– requirements for nuclear power plant public comments received, the immediacy of any safety concerns raised 50–118. The NRC has concluded that its personnel, including calibration existing regulations provide reasonable technicians, are covered under criterion by the petition, and the NRC’s relevant past decisions and current policies. assurance of adequate protection of II, ‘‘Quality Assurance Program,’’ of public health and safety. appendix B to 10 CFR part 50, Specifically, staff considered existing ‘‘Domestic Licensing of Production and NRC requirements for the control of Dated March 24, 2021. Utilization Facilities.’’ Meeting these measuring and test equipment. For the Nuclear Regulatory Commission. requirements provides reasonable Although the NRC does not require Annette L. Vietti-Cook, assurance that the calibration nuclear power plant laboratories to be Secretary of the Commission. technicians will have the education, certified by accrediting organizations, [FR Doc. 2021–06432 Filed 3–30–21; 8:45 am] their programs for safety-related training, knowledge, and skills BILLING CODE 7590–01–P necessary to adequately perform their measuring and test equipment responsibilities. The economic calibration must meet the requirements considerations for external calibration in 10 CFR part 50, ‘‘Domestic Licensing NATIONAL CREDIT UNION activity facilities are outside the scope of Production and Utilization ADMINISTRATION of NRC’s rulemaking determination. To Facilities,’’ appendix B, ‘‘Quality the extent that a nuclear power plant Assurance Criteria for Nuclear Power 12 CFR Part 712 licensee chooses to use an external Plants and Fuel Reprocessing Plants,’’ calibration facility, the licensee must criterion XII, ‘‘Control of Measuring and [NCUA–2021–0036] ensure that the calibration facility meets Test Equipment,’’ and their programs RIN 3133–AE95 appendix B requirements. are subject to NRC inspection. The NRC Comment: A comment from an inspections provide additional Credit Union Service Organizations anonymous individual stated that any assurance that licensees are adequately (CUSOs) entity such as the Tennessee Valley implementing the requirements of Authority’s Central Lab Calibration criterion XII of appendix B to 10 CFR AGENCY: National Credit Union Services should be accredited. part 50 to measure and test equipment Administration (NCUA). According to this comment, just because programs through direct inspection of ACTION: Supplemental notice of the Tennessee Valley Authority is a calibration and testing activities. These proposed rulemaking; extension of federal agency does not mean it should direct inspections ensure that comment period. not have to adhere to the rules of all the measurement calculations are being other calibration services. adequately performed. SUMMARY: On February 26, 2021, the NRC Response: The NRC disagrees Any safety-related calibrations or NCUA Board (Board) published a Notice with this comment. When performing measurements that are performed at of Proposed Rulemaking in the Federal safety-related calibration services for metrology laboratories utilized by Register requesting comment on the nuclear power plants, Tennessee Valley nuclear power plants would fall under Board’s proposal to amend the NCUA’s Authority’s Central Lab Calibration these requirements. The requirements credit union service organization
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(CUSO) regulation (proposed rule). The SUPPLEMENTARY INFORMATION: On owner to operate the bridge remotely proposed rule would accomplish two January 14, 2021, the Board issued a from the CSX remote control center in objectives: Expanding the list of proposed rule to amend the NCUA’s Mobile, AL. permissible activities and services for CUSO regulation. The proposed rule DATES: Comments and relate material CUSOs to include originating any type was published in the Federal Register must reach the Coast Guard on or before of loan that a Federal credit union (FCU) on February 26, 2021.1 The proposed September 27, 2021. may originate; and granting the Board rule would accomplish two objectives: ADDRESSES: You may submit comments additional flexibility to approve Expanding the list of permissible identified by docket number USCG– permissible activities and services. The activities and services for CUSOs to 2019–0910 using Federal e-Rulemaking proposed rule provided a 30-day include originating any type of loan that Portal at https://www.regulations.gov. comment period that closed on March an FCU may originate; and granting the See the ‘‘Public Participation and 29, 2021. To allow interested persons Board additional flexibility to approve Request for Comments’’ portion of the more time to consider and submit their permissible activities and services. The SUPPLEMENTARY INFORMATION section comments, the Board has decided to NCUA also sought comment on below for instructions on submitting extend the comment period for an broadening FCU investment authority in comments. additional 30 days. CUSOs. DATES: The comment period for the The proposed rule provided a 30-day FOR FURTHER INFORMATION CONTACT: If proposed rule published February 26, public comment period that closed on you have questions on this proposed 2021, at 86 FR 11645, is extended. March 29, 2021. The NCUA received rule, call or email Mr. Doug Blakemore. Responses to the proposed rule must over 600 comments on the proposed Eighth Coast Guard District Bridge now be received on or before April 30, rule. Given the number of comments Administration Branch Chief; telephone 2021. received and a stated interest in an (504) 671–2128, email extension of the comment period, the [email protected]. ADDRESSES: You may submit written Board believes there is significant SUPPLEMENTARY INFORMATION: comments, identified by RIN 3133– interest in the proposed rule and that it AE95, by any of the following methods is necessary to extend the comment I. Table of Abbreviations (Please send comments by one method period to give all interested parties CFR Code of Federal Regulations only): sufficient time to properly address the CSX CSX Transportation • Federal eRulemaking Portal: http:// proposed changes and questions DHS Department of Homeland Security www.regulations.gov. Follow the presented in the proposed rule. The FR Federal Register instructions for submitting comments Board believes that extending the OMB Office of Management and Budget for the Docket NCUA–2021–0036. comment period for an additional 30 NPRM Notice of Proposed Rulemaking (Advance, Supplemental) • Fax: (703) 518–6319. Include days is appropriate. This extension ‘‘[Your Name]—Comments on Proposed § Section should allow interested parties more U.S.C. United States Code Rule: Credit Union Service time to prepare responses to the Organizations (CUSOs)’’ in the proposed rule without delaying the II. Background, Purpose and Legal transmittal. rulemaking. Basis • Mail: Address to Melane Conyers- By the National Credit Union The CSX Railroad Company, the Ausbrooks, Secretary of the Board, Administration Board on March 26, 2021. owner of the bridge requested to change National Credit Union Administration, Melane Conyers-Ausbrooks, operation of the bridge from a tended 1775 Duke Street, Alexandria, Virginia Secretary of the Board. drawbridge to a remotely operated 22314–3428. [FR Doc. 2021–06653 Filed 3–26–21; 4:15 pm] drawbridge. The CSX Transportation • Hand Delivery/Courier: Same as BILLING CODE 7535–01–P Railroad drawbridge has a vertical mail address. clearance of 5’ in the closed to Public Inspection: You may view all navigation position and operates in public comments on the Federal accordance with 33 CFR 117.105. This eRulemaking Portal (http:// DEPARTMENT OF HOMELAND SECURITY proposed rule will not change the www.regulations.gov) as submitted, operation schedule of the bridge. A copy except for those we cannot post for Coast Guard of the bridge owners request can be technical reasons. The NCUA will not found at https://www.regulations.gov in edit or remove any identifying or 33 CFR Part 117 the Docket USCG–2019–0910. contact information from the public The waterway users include comments submitted. Due to social [Docket No. USCG–2019–0910] recreational vessels and commercial distancing measures in effect, the usual RIN 1625–AA09 tows; which combined requires opportunity to inspect paper copies of approximately six openings a day. comments in the NCUA’s law library is Drawbridge Operation Regulation; CSX has completed installation of a not currently available. After social Bayou Sara, Saraland, AL remote operation system at the bridge distancing measures are relaxed, visitors AGENCY: Coast Guard, DHS. and a remote control center, located in may make an appointment to review Mobile, AL. At the bridge, CSX has ACTION: Notice of proposed rulemaking. paper copies by calling (703) 518–6540 installed infrared cameras, closed or emailing [email protected]. SUMMARY: The Coast Guard proposes to circuit cameras and TVs, FOR FURTHER INFORMATION CONTACT: change the operating requirements for communication systems and Policy and Analysis: Jacob McCall, (703) the CSX Transportation Railroad information technology systems on the 518–6624; Legal: Rachel Ackmann, drawbridge across Bayou Sara, mile 0.1 bridge that allow an operator from Senior Staff Attorney, (703) 548–2601; near Saraland, Mobile County, Alabama. Mobile to monitor and control the or by mail at National Credit Union This proposed rule allows the bridge bridge. They have also developed an Administration, 1775 Duke Street, operations manual that remote operators Alexandria, VA 22314. 1 86 FR 11645 (Feb. 26, 2021). use to control each bridge.
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In the future, CSX anticipates to vessels and potential trespassers at the IV. Regulatory Analyses remotely operate an additional ten bridge. CSX has cameras at the bridge We developed this proposed rule after drawbridges from the CSX remote and given that the bridge operating considering numerous statutes and control center. As a general rule the schedule is open on demand, the bridge Executive Orders related to rulemaking. Coast Guard will consider allowing one must be monitored 24 hours a day. Also, Below we summarize its analyses based (1) remote operator to control up to vessels are required to report certain on these statutes and Executive Orders three (3) separate bridges. This is marine incidents and casualties and and we discusses First Amendment dependent on the type of vessels that local law enforcement will be alerted if rights of protestors. use the waterways, vessel traffic volume there is illegal activity at the bridge. and environmental or geographical Another comment recommended that A. Regulatory Planning and Review conditions of each bridge and waterway. the bridge remain in the open to Executive Orders 12866 and 13563 On January 22, 2020 the Coast Guard navigation position and close when a direct agencies to assess the costs and published a temporary deviation from train is approaching. Coast Guard will benefits of available regulatory regulations; request for comments (TD) consider this option and discuss with alternatives and, if regulation is entitled Drawbridge Operation CSX during the comment and test necessary, to select regulatory Regulation; Bayou Sara, Saraland, AL in period. approaches that maximize net benefits. the Federal Register (85 FR 3853). This Executive Order 13771 directs agencies temporary deviation was issued to test III. Discussion of Proposed Rule to control regulatory costs through a the remote operations system for 60 budgeting process. This NPRM has not days. The objective was to also to collect 33 CFR 117.42 sets Coast Guard and analyze information on how the drawbridge regulations. This regulation been designated a ‘‘significant drawbridge operated from a remote authorizes the Coast Guard District regulatory action,’’ under Executive location and the potential effect on Commander to approve operations from Order 12866. Accordingly, the NPRM vessel traffic in the area. This deviation a remote site. CSX has requested to has not been reviewed by the Office of ended March 23, 2020. operate the CSX Transportation Bridge Management and Budget (OMB) and Given the duration of time from the across Bayou Sara from the CSX remote pursuant to OMB guidance it is exempt end of the test period and the control center in Mobile, AL. The from the requirements of Executive development of this NPRM, the Coast waterway users include recreational Order 13771. Guard is authorizing second deviation vessels requires approximately six This regulatory action determination to re-test the remote operations of the openings a day. is based on the ability that vessels can still transit the bridge with the bridge bridge and its effect on waterway Presently, the bridge opens on signal operator controlling the bridge from a mobility in that area. However, this for the passage of vessels in accordance remote location. deviation will run for 180 days and with 33 CFR 117.105 and this proposed simultaneously with this NPRM. Both rule will not change that operating B. Impact on Small Entities under the same docket number. Both schedule. This proposed rule will also documents can be found at https:// The Regulatory Flexibility Act of 1980 not change how a request to open the (RFA), 5 U.S.C. 601–612, as amended, www.regulations.gov and comments can bridge will be conducted. Mariners be made to either document. requires federal agencies to consider the requiring an opening may do so by potential impact of regulations on small During the 60 day test period, the contacting the CSX remote control Coast Guard did not identify any issues entities during rulemaking. The term center on Channels 13/16 or by the ‘‘small entities’’ comprises small with the remote operation of the bridge phone number posted at the bridge. or any negative impact to a vessels businesses, not-for-profit organizations reasonable ability to use this waterway. The Coast Guard has visited the CSX that are independently owned and The Coast Guard received two remote control center several times and operated and are not dominant in their comments from the public during the has confirmed that the remote operating fields, and governmental jurisdictions test period. These comments can be system is effective. This proposed rule with populations of less than 50,000. viewed in the Docket and have been allows CSX to control the drawbridge The Coast Guard certifies under 5 U.S.C. addressed throughout this NPRM or from their remote control center and 605(b) that this proposed rule would not below. These comments have been requires CSX to have the capability, have a significant economic impact on summarized and evaluated by the Coast including resources and manpower to a substantial number of small entities. Guard. return the operator to the bridge While some owners or operators of One of the comments received location within 3 hours following any of vessels intending to transit the bridge expressed concern that remote operation the below situations: may be small entities, for the reasons systems have not been proven. Under 33 • Any component of the remote stated in section IV.A above this CFR 117.42 the Coast Guard has operations system fails and prevents the proposed rule would not have a authorized a number of drawbridge to remote operator from being able to significant economic impact on any be remotely operated with successful visually identify vessels, communicate vessel owner or operator. results. Safety is a priority and the with vessels, detect vessels immediately If you think that your business, bridge must operate as if a drawtender underneath the bridge or visually organization, or governmental were present at the bridge. identify trains approaching the bridge. jurisdiction qualifies as a small entity The same commenter had safety • CSX fails to meet Federal Railway and that this rule would have a concerns that without drawtenders on Administration (FRA) or any other significant economic impact on it, site, maintenance, repairs, inspections government agency safety requirements. please submit a comment (see and vessel assistance through the bridge ADDRESSES) explaining why you think it • would not be conducted. In accordance Anytime that CSX procedures, qualifies and how and to what degree with CSX procedures, drawtenders are equipment or operators fail to safely this rule would economically affect it. not allowed to perform these actions. open and close the bridge fail. Under section 213(a) of the Small There are also concerns about • At the direction of the District Business Regulatory Enforcement unreported strikes of the bridge by Commander. Fairness Act of 1996 (Pub. L. 104–121),
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we want to assist small entities in F. Environment www.regulations.gov and will include understanding this proposed rule. If the We have analyzed this rule under any personal information you have rule would affect your small business, Department of Homeland Security provided. For more about privacy and organization, or governmental Management Directive 023–01, Rev.1, submissions in response to this jurisdiction and you have questions associated implementing instructions, document, see DHS’s eRulemaking concerning its provisions or options for and Environmental Planning Policy System of Records notice (85 FR 14226, compliance, please contact the person COMDTINST 5090.1 (series), which March 11, 2020). listed in the FOR FURTHER INFORMATION guide the Coast Guard in complying Documents mentioned in this NPRM CONTACT section. The Coast Guard will with the National Environmental Policy as being available in this docket and all not retaliate against small entities that Act of 1969 (NEPA)(42 U.S.C. 4321– public comments, will be in our online question or complain about this 4370f) and have made. The Coast Guard docket at https://www.regulations.gov proposed rule or any policy or action of has determined that this action is one of and can be viewed by following that the Coast Guard. a category of actions that do not website’s instructions. Additionally, if you go to the online docket and sign up C. Collection of Information individually or cumulatively have a significant effect on the human for email alerts, you will be notified This proposed rule would call for no environment. This proposed rule when comments are posted or a final new collection of information under the promulgates the operating regulations or rule is published. Paperwork Reduction Act of 1995 (44 procedures for drawbridges. Normally List of Subjects in 33 CFR Part 117 U.S.C. 3501–3520.). such actions are categorically excluded Bridges. D. Federalism and Indian Tribal from further review, under paragraph Governments L49, of Chapter 3, Table 3–1 of the U.S. For the reasons discussed in the Coast Guard Environmental Planning preamble, the Coast Guard proposes to A rule has implications for federalism Implementation Procedures. amend 33 CFR part 117 as follows: under Executive Order 13132 Neither a Record of Environmental PART 117—DRAWBRIDGE (Federalism), if it has a substantial Consideration nor a Memorandum for OPERATION REGULATIONS direct effect on the States, on the the Record are required for this rule. We relationship between the national seek any comments or information that government and the States, or on the ■ 1. The authority citation for part 117 may lead to the discovery of a continues to read as follows: distribution of power and significant environmental impact from responsibilities among the various this proposed rule. Authority: 33 U.S.C. 499; 33 CFR 1.05–1; levels of government. We have analyzed Department of Homeland Security Delegation this proposed rule under that Order and G. Protest Activities No. 0170.1. have determined that it is consistent The Coast Guard respects the First ■ 2. Revise § 117.105 to read as follows: with the fundamental federalism Amendment rights of protesters. principles and preemption requirements Protesters are asked to contact the § 117.105 Bayou Sara. described in Executive Order 13132. person listed in the FOR FURTHER (a) The draw of the CSX Also, this proposed rule does not have INFORMATION CONTACT section to Transportation Railroad bridge, mile 0.1 tribal implications under Executive coordinate protest activities so that your near Saraland, Order 13175 (Consultation and message can be received without AL shall be remotely operated by the Coordination with Indian Tribal jeopardizing the safety or security of bridge operator at CSX’s bridge remote Governments) because it would not people, places or vessels. control center in Mobile, Alabama. have a substantial direct effect on one or Closed Circuit TVs, infrared detectors, more Indian tribes, on the relationship V. Public Participation and Request for communications systems and between the Federal Government and Comments information technology systems have Indian tribes, or on the distribution of We view public participation as been installed at the bridge. Vessels can power and responsibilities between the essential to effective rulemaking, and contact the CSX bridge operator via Federal Government and Indian tribes. will consider all comments and material VHF–FM channel 13 or by telephone at If you believe this proposed rule has received during the comment period. the number displayed on the signs implications for federalism or Indian Your comment can help shape the posted at the bridge to request an tribes, please contact the person listed outcome of this rulemaking. If you opening of the draw. in the FOR FURTHER INFORMATION submit a comment, please include the (b) CSX will return the operator to the CONTACT section. docket number for this rulemaking, bridge location within 3 hours following indicate the specific section of this any of the below situations: E. Unfunded Mandates Reform Act document to which each comment (1) Any component of the remote The Unfunded Mandates Reform Act applies, and provide a reason for each operations system fails and prevents the of 1995 (2 U.S.C. 1531–1538) requires suggestion or recommendation. remote operator from being able to Federal agencies to assess the effects of We encourage you to submit visually identify vessels, communicate their discretionary regulatory actions. In comments through the Federal with vessels, detect vessels immediately particular, the Act addresses actions eRulemaking Portal at https:// underneath the bridge or visually that may result in the expenditure by a www.regulations.gov. If your material identify trains approaching the bridge. State, local, or tribal government, in the cannot be submitted using https:// (2) CSX fails to meet Federal Railway aggregate, or by the private sector of www.regulations.gov, contact the person Administration (FRA) or any other $100,000,000 (adjusted for inflation) or in the FOR FURTHER INFORMATION government agency safety requirements. more in any one year. Though this CONTACT section of this document for (3) Anytime that CSX procedures, proposed rule will not result in such an alternate instructions. equipment or operators fail to safely expenditure, the Coast Guard does We accept anonymous comments. All open and close the bridge fail. discuss the effects of this proposed rule comments received will be posted (4) Anytime at the direction of the elsewhere in this preamble. without change to https:// District Commander.
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Dated: March 16, 2021. submissions (audio, video, etc.) must be designated as marginal nonattainment John P. Nadeau accompanied by a written comment. for the 2015 ozone NAAQS. New Castle Rear Admiral, U.S. Coast Guard, Commander, The written comment is considered the County was designated as part of the Eighth Coast Guard District. official comment and should include Philadelphia-Wilmington-Atlantic City, [FR Doc. 2021–06482 Filed 3–30–21; 8:45 am] discussion of all points you wish to PA-NJ-MD-DE 2015 ozone NAAQS BILLING CODE 9110–04–P make. EPA will generally not consider nonattainment area, which includes the comments or comment contents located following counties: New Castle in outside of the primary submission (i.e. Delaware; Cecil in Maryland; Atlantic, ENVIRONMENTAL PROTECTION on the web, cloud, or other file sharing Burlington, Camden, Cape May, AGENCY system). For additional submission Cumberland, Gloucester, Mercer, Ocean, methods, please contact the person and Salem in New Jersey; and Bucks, 40 CFR Part 52 identified in the FOR FUTHER Chester, Delaware, Montgomery, and INFORMATION CONTACT section. For the Philadelphia in Pennsylvania. See 40 [EPA–R03–OAR–2020–0554; FRL–10021– full EPA public comment policy, CFR 81.308, 81.321, 81.331, and 81.339. 57–Region 3] information about CBI or multimedia Delaware’s Kent and Sussex Counties Approval and Promulgation of Air submissions, and general guidance on were designated as attainment areas for Quality Implementation Plans; making effective comments, please visit the same 2015 Ozone NAAQS. See 40 Delaware; Emissions Statement https://www.epa.gov/dockets/ CFR 81.308. Section 182 of the CAA identifies Certification for the 2015 Ozone commenting-epa-dockets. plan submissions and requirements for National Ambient Air Quality Standard FOR FURTHER INFORMATION CONTACT: Serena Nichols, Planning & ozone nonattainment areas. Specifically, CAA section 182(a)(3)(B) requires that AGENCY: Environmental Protection Implementation Branch (3AD30), Air & states develop and submit, as a revision Agency (EPA). Radiation Division, U.S. Environmental to their SIP, rules which establish ACTION: Proposed rule. Protection Agency, Region III, 1650 annual emission reporting requirements Arch Street, Philadelphia, Pennsylvania for certain stationary sources. Sources SUMMARY: The Environmental Protection 19103. The telephone number is (215) that are within ozone nonattainment Agency (EPA) is proposing to approve a 814–2053. Ms. Nichols can also be areas must annually report the actual state implementation plan (SIP) revision reached via electronic mail at emissions of NO and VOC to the state. formally submitted by the Delaware [email protected]. X Department of Natural Resources and However, states may waive this SUPPLEMENTARY INFORMATION: Environmental Control (DNREC). Under requirement for sources that emit under the Clean Air Act (CAA), a state’s SIP I. Background 25 tons per year (tpy) of NOX or VOC must include an emission statement if the state provides an inventory of Under the CAA, EPA establishes emissions from such class or category of regulation that requires stationary NAAQS for criteria pollutants in order sources in ozone nonattainment areas sources as required by CAA sections 172 to protect human health and the and 182. See CAA section classified as marginal or above to report environment. In response to scientific annual emissions of nitrogen oxides 182(a)(3)(B)(ii). evidence linking ozone exposure to EPA published guidance on source (NOX) and volatile organic compounds adverse health effects, EPA promulgated (VOC). This SIP revision provides emissions statements in a July 1992 the first ozone NAAQS, the 0.12 part per memorandum titled, ‘‘Guidance on the Delaware’s certification that its existing million (ppm) 1-hour ozone NAAQS, in emissions statement program satisfies Implementation of an Emission 1979. See 44 FR 8202 (February 8, Statement Program’’ 1 and in a March the emissions statement requirements of 1979). The CAA requires EPA to review the CAA for the 2015 ozone national 14, 2006 memorandum titled, ‘‘Emission and reevaluate the NAAQS every five Statement Requirements Under 8-hour ambient air quality standard (NAAQS). years in order to consider updated EPA is proposing to approve Delaware’s Ozone NAAQS Implementation’’ (2006 information regarding the effects of the memorandum).2 In addition, on emissions statement program criteria pollutants on human health and certification for the 2015 ozone NAAQS December 6, 2018, EPA issued a final the environment. On July 18, 1997, EPA rule addressing a range of as a SIP revision in accordance with the promulgated a revised ozone NAAQS, requirements of the CAA. nonattainment area SIP requirements for referred to as the 1997 ozone NAAQS, the 2015 ozone NAAQS, including the DATES: Written comments must be of 0.08 ppm averaged over eight hours. emission statement requirements of received on or before April 30, 2021. 62 FR 38856. This 8-hour ozone NAAQS CAA section 182(a)(3)(B) (2018 final ADDRESSES: Submit your comments, was determined to be more protective of rule). 83 FR 62998, codified at 40 CFR identified by Docket ID No. EPA–R03– public health than the previous 1979 part 51, subpart CC. The 2006 OAR–2020–0554 at https:// 1-hour ozone NAAQS. In 2008, EPA memorandum clarified that the www.regulations.gov, or via email to strengthened the 8-hour ozone NAAQS emissions statement requirement of [email protected]. For comments from 0.08 to 0.075 ppm. See 73 FR CAA section 182(a)(3)(B) was applicable submitted at Regulations.gov, follow the 16436 (March 27, 2008). In 2015, EPA to all areas designated nonattainment online instructions for submitting further lowered the 8-hour ozone comments. Once submitted, comments NAAQS from 0.075 ppm to 0.070 ppm. 1 July 1992 memorandum titled, ‘‘Guidance on cannot be edited or removed from The 0.070 ppm standard is referred to as the Implementation of an Emission Statement Regulations.gov. For either manner of the 2015 ozone NAAQS. See 80 FR Program’’ is available online at https:// www.epa.gov/sites/production/files/2015-09/ submission, EPA may publish any 65452 (October 26, 2015). documents/emission_statement_program_ comment received to its public docket. On June 4, 2018 and July 25, 2018, zypdf.pdf. Docket ID: EPA–R03–QAR–2020–0554. Do not submit electronically any EPA designated nonattainment areas for 2 March 14, 2006 memorandum titled, ‘‘Emission information you consider to be the 2015 ozone NAAQS. 83 FR 25776 Statement Requirements Under 8-hour Ozone NAAQS Implementation’’ is available online at confidential business information (CBI) and 83 FR 35136. Effective August 3, https://www.epa.gov/sites/production/files/2015- or other information whose disclosure is 2018 (83 FR 25776, June 4, 2018), New 07/documents/8hourozone_naaqs_031406.pdf, restricted by statute. Multimedia Castle County, Delaware, was Docket ID: EPA–R03–OAR–2020–0554.
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for the 1997 ozone NAAQS and fulfill obligations triggered by the nonattainment area for the 2015 ozone classified as marginal or above under revised ozone NAAQS.’’ Id. In cases NAAQS. subpart 2, part D, title I of the CAA. Per where an existing emissions statement II. Summary of SIP Revision and EPA EPA’s 2018 final rule, the emissions rule is still adequate to meet the Analysis statement requirement also applies to all emissions statement requirement under areas designated nonattainment for the the 2015 ozone NAAQS, states may On August 3, 2020, Delaware, through 2015 ozone NAAQS. 83 FR 62998, provide the rationale for that DNREC, submitted as a formal SIP 63023 (December 6, 2018). determination to EPA in a written revision, a statement certifying that According to the preamble to EPA’s statement for approval into the SIP to Delaware’s existing SIP-approved 2018 final rule, most areas that are meet the requirements of CAA section emissions statement program satisfies required to have an emissions statement 182(a)(3)(B). 83 FR 62998, 63002 the emissions statements requirements program for the 2015 ozone NAAQS for the 2015 ozone NAAQS and is at (December 6, 2018). In this statement, already have one in place due to a least as stringent as the requirements of states should identify how the nonattainment designation for an earlier CAA section 182(a)(3)(B). The ozone NAAQS. 83 FR 62998, 63001 emissions statement requirements of provisions that implement Delaware’s (December 6, 2018). EPA’s 2018 final CAA section 182(a)(3)(B) are met by emissions statements program are under rule states that, ‘‘Many air agencies their existing emissions statement rule. 7 DE Administrative Code 1117 Section already have regulations in place to Id. In summary, Delaware can submit, as 7.0 Emission Statement and were address certain nonattainment area a formal revision to its SIP, a statement approved by EPA into the Delaware SIP planning requirements due to certifying that the State’s existing on April 29, 1996 (61 FR 7415, February nonattainment designations for a prior emissions statement program satisfies 28, 1996). See 40 CFR 52.420(c). Table ozone NAAQS. Air agencies should the requirements of CAA section 1 summarizes Delaware’s emissions review any existing regulation that was 182(a)(3)(B) and covers the State’s statements provisions and the previously approved by the EPA to portion of the Philadelphia-Wilmington- corresponding CAA section 182(a)(3)(B) determine whether it is sufficient to Atlantic City, PA-NJ-MD-DE requirements.
TABLE 1—DELAWARE EMISSIONS STATEMENTS PROVISIONS AND CAA SECTION 182(A)(3)(B) REQUIREMENTS
CAA Section 182(a)(3)(B) 3 requirement 7 DE Administrative Code 1117 Section 7.0 requirement
182(a)(3)(B)(i)—For marginal nonattainment areas, the State shall sub- 7 DE Admin Code 1117 Section 7.1—Emissions statements require- mit a SIP revision to require that the owner or operator of each sta- ments apply to all stationary sources located in an ozone nonattain- tionary source of NOX or VOC provide the State with a statement for ment area that emit NOX or VOC. This would include marginal and classes or categories of sources showing the actual emissions of above non-attainment areas. NOX and VOC from that source. 7 DE Admin Code 1117 Section 7.2—Emissions statements are re- quired to include the following information: Source identification infor- mation, operating data, actual emissions data, control equipment in- formation, and process rate information. 182(a)(3)(B)(i)—Emissions statements are required to be submitted an- 7 DE Admin Code 1117 Section 7.3—subject sources must submit to nually. DNREC their annual emissions statements by April 30 for the pre- ceding calendar year. DNREC may require more frequent emissions statements if required by EPA or if more frequent analysis of data is necessary to implement the requirements of Title 7, Chapter 60. En- vironmental Control of the Delaware Code (7 Del.C. Chapter 60). 182(a)(3)(B)(i)—Emissions statements shall contain a certification that 7 DE Admin Code 1117 Section 7.2—Each emissions statement shall the information contained in the statement is accurate to the best include a certification of the data to ensure that the information con- knowledge of the individual certifying the statement. tained in the statement is accurate to the best knowledge of the indi- vidual certifying the statement, who shall be an official of the facility and will take legal responsibility for the emissions statement’s accu- racy. 182(a)(3)(B)(ii)—The State may waive the requirements for emissions 7 DE Admin Code 1117 Section 7.1—DNREC may, with EPA approval, statements for any class or category of stationary sources which emit waive the emissions statements requirements for classes or cat- less than 25 tpy of NOX or VOC if the State provides an inventory of egories of stationary sources with facility-wide actual emissions of emissions from such class or category of sources as required by less than 25 tpy of NOX or VOCs if the class or category is included CAA section 172 and 182. in the base year and periodic ozone SIP emission inventories.
EPA’s review of Delaware’s submittal emissions statement provisions under 7 nonattainment areas. These emissions finds Delaware’s existing, SIP-approved DE Administrative Code 1117 Section statements must be certified by an 7.0 satisfy the emission statement official of the facility. As shown in 3 Section 182 of the CAA sets out a graduated requirements of CAA section Table 1, 7 DE Administrative Code 1117 control program for ozone nonattainment areas. 182(a)(3)(B) for stationary sources Section 7.1 requires that all stationary Section 182(a) sets out requirements applicable in located in marginal or above sources of NOX and VOC located in an marginal ozone nonattainment areas, which are also applicable by sections 182 (b), (c), (d), and (e) to all nonattainment areas in Delaware, ozone nonattainment area submit other ozone nonattainment areas. See 2015 including such sources in New Castle emissions statements to DNREC, except memorandum titled ‘‘Emission Statement County, for the 2015 ozone NAAQS. for those with actual emissions of less Requirement Under 8-hour Ozone NAAQS Pursuant to CAA section 182(a)(3)(B)(i), than 25 tpy of NOX or VOC as permitted Implementation,’’ available online at https:// www.epa.gov/sites/production/files/2015-07/ Delaware must require annual emissions by CAA section 182(a)(3)(B). EPA finds documents/8hourozone_naaqs_031406.pdf, Docket statements from stationary sources of Section 7.1 satisfies the requirements of ID: EPA–R03–OAR–2020–0554. NOX or VOC located in marginal CAA section 182(a)(3)(B)(i) as it requires
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that stationary sources located in ozone as approvable under CAA section application of those requirements would nonattainment areas in the State, 182(a)(3)(B). Delaware’s emissions be inconsistent with the CAA; and including Delaware’s marginal statements certification certifies that • Does not provide EPA with the nonattainment areas for the 2008 ozone Delaware’s existing SIP-approved discretionary authority to address, as NAAQS, submit emission statements. In emissions statements program under 7 appropriate, disproportionate human addition, 7 DE Administrative Code DE Administrative Code 1117 Section health or environmental effects, using 1117 Section 7.2 requires emissions 7.0 satisfies the requirements of CAA practicable and legally permissible statements be certified by and official of section 182(a)(3)(B) for the 2015 ozone methods, under Executive Order 12898 the facility and Section 7.3 requires NAAQS. EPA is soliciting public (59 FR 7629, February 16, 1994). emissions statements be submitted comments on the issues discussed in In addition, this proposed annually on April 30. EPA proposes to this document. These comments will be rulemaking, in which EPA is proposing determine that these provisions satisfy considered before taking final action. approval of Delaware’s certification that the requirements of CAA section its existing emission statement program 182(a)(3)(B)(i) for the 2015 ozone IV. Statutory and Executive Order satisfies the emission statement NAQQS as they require emissions Reviews requirements of the CAA for the 2015 statements be certified and submitted Under the CAA, the EPA ozone NAAQS, does not have tribal annually. Administrator is required to approve a implications as specified by Executive EPA also proposes to determine that SIP submission that complies with the Order 13175 (65 FR 67249, November 9, Delaware’s emissions thresholds for provisions of the CAA and applicable 2000), because the SIP is not approved stationary sources that are required to Federal regulations. 42 U.S.C. 7410(k); to apply in Indian country located in the submit an emissions statement meet the 40 CFR 52.02(a). Thus, in reviewing SIP state, and EPA notes that it will not threshold requirements of CAA section submissions, EPA’s role is to approve impose substantial direct costs on tribal 182(a)(3)(B)(ii). As discussed state choices, provided that they meet governments or preempt tribal law. previously, pursuant to CAA section the criteria of the CAA. Accordingly, List of Subjects in 40 CFR Part 52 182(a)(3)(B)(ii), states may waive this action merely approves state law as emissions statements requirements for meeting Federal requirements and does Environmental protection, Air classes or categories of stationary not impose additional requirements pollution control, Incorporation by sources that emit less than 25 tpy of beyond those imposed by state law. For reference, Intergovernmental relations, NOX or VOC if the state provides an that reason, this proposed action: Nitrogen dioxide, Ozone, Reporting and inventory of emissions from such • Is not a ‘‘significant regulatory recordkeeping requirements, Volatile classes or categories of sources as action’’ subject to review by the Office organic compounds. required by CAA section 172 and 182. of Management and Budget under Authority: 42 U.S.C. 7401 et seq. As shown in Table 1, 7 DE Executive Orders 12866 (58 FR 51735, Administrative Code 1117 Section 7.1 October 4, 1993) and 13563 (76 FR 3821, Dated: March 24, 2021. waives, with EPA approval, the January 21, 2011); Diana Esher, requirement for emissions statements • Is not an Executive Order 13771 (82 Acting Regional Administrator, Region III. for classes or categories of stationary FR 9339, February 2, 2017) regulatory [FR Doc. 2021–06414 Filed 3–30–21; 8:45 am] sources with facility-wide actual action because it is not a significant BILLING CODE 6560–50–P emissions of less than 25 tpy of NOX or regulatory action under Executive Order VOC if the class or category is included 12866. in the base year and periodic ozone • Does not impose an information FEDERAL COMMUNICATIONS emission inventories. Delaware does collection burden under the provisions COMMISSION provide emissions inventories that of the Paperwork Reduction Act (44 include stationary sources in U.S.C. 3501 et seq.); 47 CFR Part 64 nonattainment areas that emit less than • Is certified as not having a [WC Docket No. 17–97; FCC 21–15; FRS 25 tpy of NOX or VOC, as required by significant economic impact on a 17992] CAA sections 172(c)(3) and substantial number of small entities 182(b)(3)(B)(ii). Therefore, EPA finds the under the Regulatory Flexibility Act (5 Call Authentication Trust Anchor; emissions thresholds of 7 DE U.S.C. 601 et seq.); Correction Administrative Code 1117 Section 7.1 • Does not contain any unfunded are consistent with CAA section mandate or significantly or uniquely AGENCY: Federal Communications 182(a)(3)(B)(ii). affect small governments, as described Commission. EPA has determined that the SIP- in the Unfunded Mandates Reform Act ACTION: Proposed rule; correction. approved provisions under 7 DE of 1995 (Pub. L. 104–4); Administrative Code 1117 Section 7.0 • Does not have Federalism SUMMARY: This document corrects the satisfy the requirements of CAA section implications as specified in Executive comment due date for the Paperwork 182(a)(3)(B) for the 2015 ozone NAAQS. Order 13132 (64 FR 43255, August 10, Reduction Act requirements of a Therefore, EPA is proposing to approve, 1999); proposed rule published in the Federal as a SIP revision, the State of • Is not an economically significant Register of February 17, 2021, regarding Delaware’s, August 3, 2020 emissions regulatory action based on health or STIR/SHAKEN caller ID authentication. statements certification for the 2015 safety risks subject to Executive Order This correction clarifies that written ozone NAAQS as approvable under 13045 (62 FR 19885, April 23, 1997); comments on the Paperwork Reduction CAA section 182(a)(3)(B). • Is not a significant regulatory action Act proposed information collection subject to Executive Order 13211 (66 FR requirements must be submitted by the III. Proposed Action 28355, May 22, 2001); public, Office of Management and EPA is proposing to approve, as a SIP • Is not subject to requirements of Budget (OMB), and other interested revision, the State of Delaware’s August Section 12(d) of the National parties on or before 60 days after the 3, 2020 emissions statements Technology Transfer and Advancement date of this correction’s publication. certification for the 2015 ozone NAAQS Act of 1995 (15 U.S.C. 272 note) because DATES: June 1, 2021.
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FOR FURTHER INFORMATION CONTACT: recognized that VHF channels have regarding the proper filing procedures [email protected] or contact Nicole Ongele at certain propagation characteristics for comments, 47 CFR 1.415 and 1.420. (202) 418–2991. which may cause reception issues for List of Subjects in 47 CFR Part 73 SUPPLEMENTARY INFORMATION: some viewers, and that the reception of VHF signals require larger antennas Television. Correction relative to UHF channels. According to Federal Communications Commission. In proposed rule FR Doc. 2021–03043, the Licensee, KHQA–TV has received Thomas Horan, numerous complaints from viewers beginning on page 9894 in the issue of Chief of Staff, Media Bureau. February 17, 2021, make the following unable to receive its signal and the correction in the Dates section. On page Licensee’s channel substitution Proposed Rule 9894 in the second column, the second proposal will result in more effective For the reasons discussed in the sentence is corrected to read: building penetration for indoor antenna preamble, the Federal Communications ‘‘Written comments on the Paperwork reception and greatly improve the Commission proposes to amend 47 CFR Reduction Act proposed information Station’s ability to provide ATSC 3.0 part 73 as follows: collection requirements must be service to homes, vehicles, and portable submitted by the public, Office of devices. The Licensee further states that PART 73—RADIO BROADCAST Management and Budget (OMB), and there would be no loss of service. We SERVICE other interested parties on or before believe that the Licensee’s channel June 1, 2021.’’ substitution proposal warrants ■ 1. The authority citation for part 73 consideration. Channel 22 can be continues to read as follows: Federal Communications Commission. substituted for channel 7 at Hannibal, Marlene Dortch, Authority: 47 U.S.C. 154, 155, 301, 303, Missouri as proposed, in compliance 307, 309, 310, 334, 336, 339. Secretary, Office of the Secretary. with the principal community coverage ■ [FR Doc. 2021–06451 Filed 3–30–21; 8:45 am] requirements of the Commission’s rules 2. In § 73.622 (i) amend the Post- BILLING CODE 6712–01–P at coordinates 39–58–22.0 N and 91–19– Transition Table of DTV Allotments 55.0 W. In addition, we find that this under Missouri by revising the entry for channel change meets the technical Hannibal to read as follows: FEDERAL COMMUNICATIONS requirements set forth in our § 73.622 Digital television table of COMMISSION regulations. allotments. This is a synopsis of the 47 CFR Part 73 Commission’s Notice of Proposed * * * * * (i) * * * [MB Docket No. 21–71; RM–11887; DA 21– Rulemaking, MB Docket No. 21–71; RM–11887; DA 21–269, adopted March 269; FR ID 17576] Community Channel No. 4, 2021, and released March 4, 2021. Television Broadcasting Hannibal, The full text of this document is Missouri available for download at https:// ***** www.fcc.gov/edocs. To request materials AGENCY: Federal Communications in accessible formats (braille, large Missouri Commission. print, computer diskettes, or audio ACTION: Proposed rule. recordings), please send an email to ***** [email protected] or call the Consumer & Hannibal ...... 22 SUMMARY: The Video Division has before Government Affairs Bureau at (202) it a petition for rulemaking filed 418–0530 (VOICE), (202) 418–0432 ***** November 27, 2020 (Petition) by KHQA (TTY). Licensee, LLC (Licensee), the licensee of This document does not contain [FR Doc. 2021–06405 Filed 3–30–21; 8:45 am] KHQA–TV (CBS), channel 7, Hannibal, information collection requirements BILLING CODE 6712–01–P Missouri. The Licensee requests the subject to the Paperwork Reduction Act substitution of channel 22 for channel 7 of 1995, Public Law 104–13. In addition, at Hannibal, Missouri in the digital therefore, it does not contain any DEPARTMENT OF COMMERCE television (DTV) Table of Allotments. proposed information collection burden DATES: Comments must be filed on or ‘‘for small business concerns with fewer National Oceanic and Atmospheric before April 30, 2021 and reply than 25 employees,’’ pursuant to the Administration comments on or before May 17, 2021. Small Business Paperwork Relief Act of ADDRESSES: Federal Communications 2002, Public Law 107–198, see 44 U.S.C. 50 CFR Part 648 Commission, Office of the Secretary, 45 3506(c)(4). Provisions of the Regulatory L Street NE, Washington, DC 20554. In Flexibility Act of 1980, 5 U.S.C. 601– [Docket No. 210324–0065] addition to filing comments with the 612, do not apply to this proceeding. RIN 0648–BK26 FCC, interested parties should serve Members of the public should note counsel for petitioner as follows: Paul that all ex parte contacts are prohibited Magnuson-Stevens Act Provisions; A. Cicelski, Esq., Lerman Senter PLLC, from the time a notice of proposed Fisheries of the Northeastern United 2001 L Street NW, Washington, DC rulemaking is issued to the time the States; Northeast Multispecies 20036. matter is no longer subject to Fishery; Approval of 2021 and 2022 Commission consideration or court Sector Operations Plans and FOR FURTHER INFORMATION CONTACT: review, see 47 CFR 1.1208. There are, Allocation of 2021 Northeast Joyce Bernstein, Media Bureau, at (202) however, exceptions to this prohibition, Multispecies Annual Catch 418–1647 or Joyce [email protected]. which can be found in § 1.1204(a) of the Entitlements SUPPLEMENTARY INFORMATION: In support Commission’s rules, 47 CFR 1.1204(a). of its channel substitution request, the See §§ 1.415 and 1.420 of the AGENCY: National Marine Fisheries Licensee states that the Commission has Commission’s rules for information Service (NMFS), National Oceanic and
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Atmospheric Administration (NOAA), A’’ in the required fields if you wish to effort controls. These universal Commerce. remain anonymous). exemptions apply to: Trip limits on ACTION: Proposed rule. Copies of each sector’s proposed allocated stocks; Northeast multispecies operations plan and contract are days-at-sea (DAS) restrictions; the SUMMARY: We propose to approve sector available from the NMFS Greater requirement to use a 6.5-inch (16.5- operations plans and contracts, and Atlantic Regional Fisheries Office: centimeters (cm)) mesh codend when grant regulatory exemptions for fishing Contact Claire Fitz-Gerald at Claire.Fitz- fishing with selective gear on Georges years 2021 and 2022, provide [email protected] and Kyle Molton at Bank (GB); and portions of the Gulf of preliminary Northeast multispecies [email protected]. These Maine (GOM) Cod Protection Closures. annual catch entitlements to approved documents are also accessible via the The FMP prohibits sectors from sectors for fishing year 2021, amend Federal eRulemaking Portal: http:// requesting exemptions from permitting regulations required to administer www.regulations.gov. restrictions, gear restrictions designed to electronic monitoring, and announce To review Federal Register minimize habitat impacts, and most 2021 default specifications for seven documents referenced in this rule, you reporting requirements. Northeast multispecies stocks. Approval can visit: https:// In addition to the approved sectors, of sector operations plans and contracts www.fisheries.noaa.gov/management- there are several state-operated permit is necessary to allocate annual catch plan/northeast-multispecies- banks, which receive allocations based entitlements to the sectors for sectors to management-plan. on the history of the permits owned by operate. This action is intended to allow FOR FURTHER INFORMATION CONTACT: the states. The final rule implementing limited access permit holders to Claire Fitz-Gerald, Fishery Policy Amendment 17 to the FMP allowed a continue to operate or form sectors, as Analyst, (978) 281–9255. state-operated permit bank to receive an authorized under the Northeast allocation without needing to comply SUPPLEMENTARY INFORMATION: with the administrative and procedural Multispecies Fishery Management Plan, requirements for sectors (77 FR 16942; and to exempt sectors from certain effort Background March 23, 2012). Instead, permit banks control regulations to improve the The Northeast Multispecies Fishery are required to submit a list of efficiency and economics of sector Management Plan (FMP) defines a participating permits to us, as specified vessels. We also announce our sector as a group of persons holding in the permit bank’s Memorandum of determination that electronic limited access Northeast multispecies Agreement, to determine the ACE monitoring is sufficient for use instead permits who have voluntarily entered allocated to the permit bank. These of at-sea monitors to meet sector into a contract and agree to certain allocations may be leased to fishermen monitoring and reporting requirements. fishing restrictions for a specified period enrolled in sectors. State-operated Lastly, we announce default of time, and which has been granted a permit banks are no longer approved specifications for Gulf of Maine winter TAC(s) [sic] in order to achieve through the sector approval process, but flounder, Southern New England/Mid- objectives consistent with applicable current state-operated permit banks Atlantic winter flounder, redfish, ocean FMP goals and objectives. A sector must contribute to the total allocation under pout, Atlantic wolffish, Eastern Georges be comprised of at least three Northeast the sector system. Bank cod, and Eastern Georges Bank multispecies permits issued to at least We received operations plans and haddock. three different persons, none of whom preliminary contracts for fishing years have any common ownership interest in DATES: Written comments must be 2021 and 2022 from 16 sectors. The the permits, vessels, or businesses received on or before April 15, 2021. operations plans are similar to associated with the permits issued [to] operations plans and contracts ADDRESSES: You may submit comments the other two or more persons in that previously approved for prior fishing on this document, identified by NOAA– sector. Sectors are self-selecting, years. The operations plans include 19 NMFS–2021–0024, by the following meaning each sector can choose its exemptions previously requested by method: members. sectors, and approved by NMFS, in • Electronic Submission: Submit all The Northeast multispecies sector fishing year 2020. One sector’s electronic public comments via the management system allocates a portion operations plan also includes a new Federal e-Rulemaking Portal. Go to of the Northeast multispecies stocks to exemption request for fishing year 2021. www.regulations.gov and enter NOAA– each sector. These annual sector We have made a preliminary NMFS–2021–0024 in the Search box. allocations are known as annual catch determination that the 16 sector Click on the ‘‘Comment’’ icon, complete entitlements (ACE) and are based on the operations plans and contracts that we the required fields, and enter or attach collective fishing history of a sector’s received, and the 19 previously your comments. members. Sectors may receive approved regulatory exemptions Instructions: Comments sent by any allocations of large-mesh Northeast requested, are consistent with the FMP’s other method, to any other address or multispecies stocks with the exception goals and objectives, and meet sector individual, or received after the end of of Atlantic halibut, windowpane requirements outlined in the regulations the comment period, may not be flounder, Atlantic wolffish, and ocean at § 648.87. We are not approving the considered by NMFS. All comments pout, which are non-allocated species new sector exemption requested for received are a part of the public record managed under separate effort controls. fishing year 2021. Copies of the and will generally be posted for public ACEs are portions of a stock’s annual operations plans and contracts, and the viewing on www.regulations.gov catch limit (ACL) available to environmental assessment (EA), are without change. All personal identifying commercial Northeast multispecies available at: http://www.regulations.gov information (e.g., name, address, etc.), vessels. A sector determines how to and from NMFS (see ADDRESSES). confidential business information, or harvest its ACE. This rulemaking also announces our otherwise sensitive information Because sectors elect to receive an determination that electronic submitted voluntarily by the sender will allocation under a quota-based system, monitoring (EM) is sufficient for use be publicly accessible. NMFS will the FMP grants sector vessels several instead of at-sea monitors (ASM) to accept anonymous comments (enter ‘‘N/ ‘‘universal’’ exemptions from the FMP’s meet sector monitoring requirements.
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This action implements minor witch flounder, and white hake. changes in this rule because the GB regulatory changes required to Framework 61 also included the yellowtail flounder and GOM cod sector administer EM. These changes are exemption for sector vessels to target allocations proposed in this rule are implemented under our section 305(d) redfish with codend mesh as small as based on the higher 2021 catch limits authority in the Magnuson-Stevens Ace 5.5 inches (13.97 cm) as a universal previously approved in Framework 59. to make changes necessary to carry out exemption. We are working to publish If the Council’s recommended catch the FMP. We are implementing these a proposed rule to request comments on limits become final with no changes, changes in conjunction with the sector the Framework 61 measures once the ACE for these stocks will be reduced rule for expediency purposes. Council submits the action to us for when Framework 61 is implemented. review and approval. We do not expect Catch Limits for Fishing Year 2021 Default Catch Limits we will not be able to implement Previously Established Catch Limits Framework 61 measures, if approved, This rule also announces default Last year, Framework 59 to the FMP before May 1, 2021. catch limits for GOM winter flounder, set fishing year 2021 catch limits for 15 As a result, this rule announces the SNE/MA winter flounder, redfish, ocean groundfish stocks (85 FR 45794; July 30, 2021 catch limits set in Framework 59 pout, Atlantic wolffish, Eastern GB cod, 2020). The 2021 catch limits for most that would be effective on May 1, 2021, and Eastern GB haddock. These stocks stocks remain the same as, or similar, to including preliminary sector and do not already have a catch limit in 2020 limits. Framework 59 did not common pool allocations based on final place for fishing year 2021. The specify a 2021 catch limit for GOM 2020 fishing year rosters (Table 1). If we groundfish regulations implement winter flounder, Southern New approve Framework 61, the 2021 catch default catch limits for any stock for England/Mid-Atlantic (SNE/MA) winter limits announced in this rule for these which final specifications are not in flounder, redfish, ocean pout, Atlantic stocks will change. place by the beginning of the fishing wolffish, Eastern GB cod, or Eastern GB The Framework 59 fishing year 2021 year on May 1. The FMP’s default haddock. Eastern GB cod and haddock ACL for GB yellowtail flounder is 95.4 specifications provision sets catch at 35 are management units of the GB cod and metric tons (mt), which will be in place percent of the previous year’s (2020) GB haddock stocks that NMFS manages on May 1. The Council recommended a catch limits, except in instances where jointly with Canada, and the shared fishing year 2021 ACL of 63.6 mt for GB the default catch limit would exceed the quota is set annually. yellowtail flounder in Framework 61. Council’s recommendation. The fishing This year, in Framework 61 to the This is a 33-percent decrease, which year 2021 state waters and other sub- FMP, the Council adopted new or will go into effect after May 1 if components specified for redfish in adjusted fishing year 2021 catch limits Framework 61 is approved. The Council Framework 59 exceed the Council’s for: GB haddock; GB yellowtail also revised the fishing year 2021 ACL fishing year 2021 redfish flounder; GB winter flounder; GOM for GOM cod to 270.4 mt. This a 2- recommendation in Framework 61. winter flounder; SNE/MA winter percent decrease from the fishing year These sub-components would be flounder; redfish; Northern 2021 ACL previously set in Framework reduced accordingly. The default catch windowpane flounder; Southern 59. The adjustments are based on the limit would be effective from May 1 windowpane flounder; ocean pout; recommendation of the Transboundary through July 31, or until the final rule Atlantic halibut; and Atlantic wolffish. Management Guidance Committee, for Framework 61 is implemented if Framework 61 would set 2021 catch which is the joint U.S./Canada prior to July 31. To comply with these limits for the two U.S./Canada stocks management body that meets annually regulations and minimize impacts on (Eastern GB cod and Eastern GB to recommend shared quotas for the the fishery we are announcing these haddock). It would adjust the three transboundary stocks. The default specifications. If Framework 61 breakdown of sub-components for GB Council’s recommendations will be is not in place on or before July 31, all cod, GOM cod, SNE/MA yellowtail further discussed in the Framework 61 fishing for these stocks would be flounder, CC/GOM yellowtail flounder, proposed rule. We are highlighting these prohibited beginning August 1. TABLE 1—NORTHEAST MULTISPECIES CATCH LIMITS FOR 2021
Preliminary Preliminary Midwater Stock Total ACL Groundfish sector common pool Recreational trawl Scallop Small-mesh State waters Other sub-ACL sub-ACL sub-ACL sub-ACL fishery fishery fisheries sub-component sub-component
GB Cod * ...... 1,234 1,073 1,041 31 ...... 19 142 GOM Cod * ...... 523 468 267 9 193 ...... 48 7 GB Haddock * ...... 72,699 70,892 69,465 1,428 ...... 1,424 ...... 0 383 GOM Haddock * ...... 15,843 15,575 10,022 258 5,295 156 ...... 56 56 GB Yellowtail Flounder * ...... 116 95 92 3 ...... 19 2 0 0 SNE/MA Yellowtail Flounder * .. 21 15 12 3 ...... 2 ...... 0 4 CC/GOM Yellowtail Flounder * 787 688 656 32 ...... 58 41 American Plaice * ...... 2,740 2,682 2,611 71 ...... 29 29 Witch Flounder * ...... 1,414 1,310 1,275 35 ...... 44 59 GB Winter Flounder * ...... 545 522 502 21 ...... 0 22 GOM Winter Flounder * ...... 151 100 95 5 ...... 48 2 SNE/MA Winter Flounder * ...... 245 189 166 22 ...... 13 43 Redfish * ...... 3,973 3,931 3,880 51 ...... 0 0 White Hake * ...... 2,041 2,019 1,995 24 ...... 11 11 Pollock * ...... 21,047 19,282 19,092 190 ...... 882 882 N. Windowpane Flounder * ...... 55 38 na 38 ...... 12 ...... 1 5 S. Windowpane Flounder * ...... 412 48 na 48 ...... 143 ...... 26 196 Ocean Pout * ...... 42 32 na 32 ...... 0 9 Atlantic Halibut * ...... 102 77 na 77 ...... 21 4 Atlantic Wolffish ...... 29 29 na 29 ...... 0 0 * These catch limits are based on fishing year 2021 Framework 59 and/or default specifications, and will be replaced when the final rule for Framework 61 becomes effective, if approved.
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Sector Allocations deadlines, and allow permit holders to is allocated 4 percent of the GB cod ACL change sectors separate from the annual The sector allocations proposed in and 6 percent of the GB haddock ACL, sector operations plans approval this rule are based on the 2021 catch the sector is allocated 4 percent of the process. limits established in Framework 59 and commercial Eastern U.S./Canada Area We calculate the sector’s allocation GB cod total allowable catch (TAC) and final fishing year 2020 sector rosters. for each stock by summing its members’ Regulations require that sectors submit 6 percent of the commercial Eastern potential sector contributions (PSC) for U.S./Canada Area GB haddock TAC as membership information to us on a stock and then multiplying that total December 1 prior to the start of the its Eastern GB cod and haddock ACEs. percentage by the available commercial These amounts are then subtracted from fishing year, unless instructed sub-ACL for that stock. Table 2 shows otherwise. The Regional Administrator the sector’s overall GB cod and haddock the projected total fishing year 2021 PSC allocations to determine its Western GB has determined that the December 1 by stock for the 16 sectors approved to enrollment deadline is not possible cod and haddock ACEs. A sector may operate in fishing year 2020 that only harvest its Eastern GB cod and because we had yet to distribute the submitted operations plans for 2021. annual letter describing each vessel’s haddock ACEs in the Eastern U.S./ Tables 3 and 4 show the initial Canada Area, but may ‘‘convert,’’ or potential contribution to a sector’s quota allocations that each sector would be for the upcoming fishing year. We transfer, its Eastern GB cod or haddock allocated for fishing year 2021 based on allocation into Western GB allocation distributed the letters in early February their final fishing year 2020 rosters and 2021. The deadline to enroll in a sector and fish that converted ACE outside the the fishing year 2021 Framework 59 and Eastern GB area. is approximately 4 weeks later, on default specifications. At the start of the March 8, 2021, although sectors may set 2021 fishing year, we provide final At the start of fishing year 2021, we a more restrictive deadline for their allocations, to the nearest pound, to may withhold 20 percent of each members. Because sector enrollment has each sector based on their final May 1 sector’s fishing year 2021 allocation been stable and consistent since the rosters. We use these final allocations, until we finalize fishing year 2020 catch sector program was enacted, we are along with later adjustments for ACE information. We expect to finalize 2020 using fishing year 2020 rosters as a transfers, reductions for overages, or catch information in summer 2021. We proxy for fishing year 2021 sector increases for carryover from fishing year allow sectors to transfer fishing year membership to calculate fishing year 2020, to monitor sector catch. We have 2020 ACE for 2 weeks upon our 2021 projected allocations in this included the preliminary common pool completion of year-end catch proposed rule. sub-ACLs in tables 2 through 4 for accounting to reduce or eliminate any Any permits that change ownership comparison. These tables do not fishing year 2020 overages. If necessary, after the enrollment deadline represent the final allocations for the we reduce any sector’s fishing year 2021 determined by the Regional 2021 fishing year. allocation to account for a remaining Administrator as described above retain We do not assign a permit separate overage in fishing year 2020. Each year the ability to join a sector through April PSCs for Eastern GB cod or Eastern GB of the operations plans, we notify the 30, 2021. All permits enrolled in a haddock; instead, we assign each permit Council and sector managers of this sector, and the vessels associated with a PSC for the GB cod stock and GB deadline in writing and announce our those permits, have until April 30, 2021, haddock stock. Each sector’s GB cod final ACE determination on our website to withdraw from a sector and fish in and GB haddock allocations are then at: https:// the common pool for fishing year 2021. divided into an Eastern ACE and a www.greateratlantic.fisheries.noaa.gov/ For fishing year 2022, we will set Western ACE, based on each sector’s ro/fso/reports/h/groundfish_catch_ similar roster deadlines, notify permit percentage of the GB cod and GB accounting. holders of the fishing year 2022 haddock ACLs. For example, if a sector BILLING CODE 3510–22–P
VerDate Sep<11>2014 15:49 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\31MRP1.SGM 31MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 16690 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Proposed Rules ~ .Si ;i: 62269930 1.70828132 1.20397607 1.69505501 8.90553361 2.68939055 2.64551911 0.76337027 O.lll35191 0.98552021 0.04251818 6.25026810 0.00000000 6.86546011 3.38554643 3.66855030 U.00000000 14.83240039 12 25.40530189 $ ~ .:; :a :i! 1.06857986 1.21216525 1.05536784 1.65422882 8.26903:)03 4.43171281 4.50I05141 2.12307674 4.52299523 2.22785146 O.OOOOOIJOO 0.09437284 0.08135658 0.00000000 9.36636752 5.80626985 5.44388052 5.94749853 13.21670847 33.48494809 ~ I .c 1.94330395 1307087H 2.99124424 2.57070048 o.01.x,00000 0.91411640 0.56862766 0.01449126 0.00000000 0.00000000 0.00000000 0.22673972 0.28137128 0.77537672 0.01940243 0.00000000 3.106381% 6.67292639 6.81202484 8.58318455 4.38538903 15.44784480 40.62768063 * 2021 ~ ~ = .. ~ ~.g i.: .I .77607805 J.19821088 l.83983235 1.90633661 2.26957436 2.65202110 2.91360294 0.74983812 0.02150471 0.60104122 0.33492862 0.65504438 O.IJOOIJOOIJU 0.99121910 0.00000000 0.21702876 3.45263749 9.67002429 IJ.OOOOCIOIJO 4.21649557 11 12.03962035 15.64328752 30.47574019 Year ~ ~ .=! ~ = $ ~ 8"" i§ 7.53967496 5.09998622 2.48392191 2.13298790 2.14366875 0.28463030 0.00000000 0.06070430 0.00003630 3.29020132 0.00000000 9.10588148 7.430117(,4 3.72925957 5.05174830 U.OOOUOUI.XJ 4.32153323 4.67473756 4.91594306 12.69711109 Fishing 24.59966320 for ~ t = co .Si ::Q .,, ... i 01112055 00000000 9858(,655 69256854 72190050 l 1 0.07169861 0.89399263 0.00312600 0.00043899 O.OOOOIJOOO 0.01083157 0 0.43636655 0.01160596 0.00000000 0.00021715 0.42662327 0.01789120 0.82190532 0.00000324 3.62980206 0 3 7.91584447 3.21717811 5.63770961 17.35427814 29.53444092 23.88261584 Stock by ~ = ~ ~ ~ -g 1.65447336 8.85677985 1.16323846 1.71821481 2.96435822 2.70543337 2.10346784 2.04602297 0.56773096 0.56080437 0.00000000 0.72688452 0.00615970 0.00000000 3.67577507 0.00000000 3.86767505 9.69843127 9.23122094 6.04426428 14.58958286 27.81948208 Receive i 10337722 1.69908958 J.16407583 1.08110101 8.51808436 2.65208869 0.50289768 0.51837750 0.76474219 0.00000000 0.02847784 3.26180750 000000000 3.38856383 951518694 0.000000IJO 3.01032328 5.361%512 4.58294817 12.28186554 11.13325653 30 Would ~ = .g ~; .Si '?l u u i -1 'a 0.: ,. Sector 5229(,479 00000000 1.26281381 7.83711822 4.16162984 4.59210862 4.28071114 4.55077429 2.14380856 2.58549375 2 2.17301939 0.20523908 0.43227120 0.00000000 0.31794656 0.02180780 6.38868785 6.55708012 0.00000000 0 3.67613525 6.51655862 15.09948417 25.10661815 Each ;l = ~ >- ~;;: i~ l ,( ., 1479613 26424~35 00000000 49862532 5 I 1 1.67879303 2 2.02256417 0.01.XJOOOOO 0.01049524 0.72002673 0.32527727 0.00000000 0.01948622 0.03180705 0.00001788 0 0.54787117 0.11191776 7.05653219 3.07190342 13.23469673 18.87228114 20.04779653 23.37086366 rosters. ~ = .,, .. sector . ~ ~j co ::Q = = (percentage) 1.27619665 1.77876418 1.90743001 U.84655142 2.16178984 0.00042969 0.38302570 0.00149117 0.0001.X.IOOO 0.IJOOIXIO(Xl 0.001148% 0.01377701 0.75985178 3.54799768 3549451:)5 3.30346794 6.88397295 17.07029411 21.72815141 34.78618838 2020 PSC year ] I ::. 8 1.01358987 1.28209390 1.124556')9 1.81427506 R.87479953 8.99483874 2.86948621 2.513.52916 O.UOOUOOOO 0.72774894 0.20788439 0.00000000 0.00000000 0.03234858 0.00002026 0.96907999 3.09928041 3.82333744 U.00000000 4.40638800 22.47357871 32.73554226 fishing final on ~ ::Q .,, .,, :i! :., Cumulative 13835995 58637352 81741902 01406318 00000000 1.24018013 1.91835326 2 2.3%93176 2.26814141 0.09374416 0.17673209 0.00000000 O.OIJUOOOOO 0.03485940 0.04432773 0.00003406 7.74350356 0 3 3 5 10.68754273 20.47977361 33.86808278 based arc . u § .,, ::. table 14488493 86079901 91789444 35489458 73401354 17251626 J.14528578 1.21575070 1.15503867 2.87032463 2.97394879 2.47089688 0.00066296 0.81554785 0.00357898 0.00000000 0. 0.78011183 0.84079975 3.36592802 3.72602983 3.03406286 3.15154289 9.i:,0613498 3 IJUUOOOOOIJ U.00000000 4.83857136 12 11 11 26 Preliminary this -- in 2 . u .,, @ 404994 data 87 33212075 . 92."i2.:'i913 32!)37125 2 8.34044028 2.44932546 2 IJ.OOOUOOUO 2.27065603 2.89058595 O.UOUUOOUCI 0.47997081 0.00000000 0.13361103 0.62875353 0.00082216 0.52585127 0.39910GG6 6.50870665 3.15560673 7.4027.:'i"i(i~ II 11.82302597 12,52998071 23 The • Table . IJ IJ § 4 u i II 17 18 87 86 40 48 40 24 26 29 22 71 38 68 :rn 133 492 1 2 3 1 0 8 3 II 12 13 10 Bank Coast (J-<;lar 1] ~ ~ "' Pool New Sector Sector Sector lvfmnl."1 NhFS NbFS9 Harvest Harvc'31 Ilarvest NEFS NEPS NEPS2 NEF~4 NEPS5 NEFS6 NEFS7 Sector Sector Sector Common NEFS NEFS NEFS NEFS Ilampshire J: VerDate Sep<11>2014 15:49 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4725 E:\FR\FM\31MRP1.SGM 31MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS EP31MR21.000 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Proposed Rules 16691 0 18 47 325 330 512 726 721 419 0 " -"= i:i.. '; 1,559 1,439 1,125 1,143 2,919 3,786 6,305 5,366 2,314 2,657 10,800 42,091 0 0 0 0 0 4 4 13 95 74 99 54 48 47 29 197 368 588 417 200 201 258 265 " " ..;! ~ -"= :a = 1,491 4,398 or 1 0 tens 71 79 49 20 29 113 168 380 578 590 223 744 230 269 259 in -= -= &! "" 1,339 3,521 8,553 stock :; s 1 0 5 r£ 8 2 4 12 18 50 40 49 65 127 ""C .. 367 ~ that of ~] g 1';j I 1 5 5 0 0 0 5 9 8 8 7 3 II 11 11 16 10 14 17 10 ~ 54 :; 28 20 210 amount rosters. .. ~ ~] ::,:: i 0~ 2021 small I 0 0 0 0 0 5 0 8 a 12 10 91 37 .. s 42 46 " 20 65 "C r- 340 275 year = .. 1,106 .2l ~ ~,.Si -~ " allocated 16 16 34 50 59 86 "' .. = 61 78 *#A 48 21 fishing "" r- 175 112 256 804 421 267 200 280 be " 2,810 ~ ~] -= final 2021 may 0 0 31 30 26 64 69 45 157 193 106 178 100 317 504 563 726 658 using 200 271 " " i5: ·;; 1,780 5,756 sector Year that 0 = .. 19 38 99 99 97 39 33 65 33 56 70 69 63 119 381 229 but ~ :;::: 1,447 determined 0, u~s u~~ Q ::,:: oS~ Fishing be of § "' ::, I 1 8 2 0 4 2 will for 27 ~ " _.,...,, = --(=• >" fl.);:~ :z E allocation = " .. s an Sector I 7 7 6 0 0 5 0 0 7 1 0 0 0 0 5 1 4 2 0 4 1 2 0 allocations 14 36 46 73 ~ " -"C ~ ~~ = 203 ~ " shows Final Each 1 3 7 3 47 ~ table ~ -"= "C 165 999 702 650 688 570 867 411 220 255 291 230 for sector. 5,094 2,011 7,420 2,039 " 0"" ::,:: 22,096 this each 0 0 0 0 rosters. 50 64 to cases, Stock, ~ 135 254 1,173 1,783 3,261 3,375 5,157 5,358 8,365 4,513 2,758 2,896 C " 15,368 11134 48,699 29,448 t'.s "" .,. ""- =~ by sector 140,895 some In 4 2020 0 allocations lbs), 12 22 102 155 968 392 293 727 448 284 466 240 252 1,336 4,234 2,560 year 12,248 0 " "'" total t'.5 -"= "C "Ct: ::C:1"'1 pounds. 1,000 fishing 7 0 5 5 4 (in 19 15 18 19 17 72 75 68 55 29 20 163 588 ::, thousand Q 0 ::,:: "" u final preliminary on the ACE nearest 9 11 12 14 70 64 65 50 54 52 144 164 185 518 based 278 262 264 ~ 0 " the - ~ t'.5 "C u 2,155 to are represent I I I 1 9 3 3 5 0 3 0 7 0 6 0 0 0 7 0 0 7 0 0 0 2 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 4 4 table 11 17 18 12 17 34 table 141 ~ C "' - t'.s >" "" u rounded Preliminary the this -- in in are pounds. 3 data data The The I 3 9 5 8 Numbers Pool 11 13 10 12 1 3 * Table A ft lnmdreds Total Name FGS MPB SHS SHS2 SHS NHPB MCCS NEFS2 NEFS4 NEFS6 NEFS7 NEFS NEFS NEFS NEFS NEFS NEFS NEFS NEFS NEFS Mooncusser Sector Sector Common VerDate Sep<11>2014 15:49 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4725 E:\FR\FM\31MRP1.SGM 31MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS EP31MR21.001 16692 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Proposed Rules 21 150 147 190 327 329 519 860 899 232 707 653 510 092 " ~ £ .s 1.205 1,050 1324 1717 4 2 2,434 19 2 2 8 0 0 0 0 0 0 6 13 91 91 33 89 45 43 21 22 24 189 167 120 117 676 267 "' .. ~ ~ ~ -= = 1995 be 1 13 36 32 51 22 76 122 101 104 172 118 880 337 607 262 268 ~ a= ,SJ '0 may 1597 3 sector 8 4 2 18 57 23 29 22 '" g -1:l 166 that .. .a ~ ~Ji: (ll .SI i but 0 5 3 1 5 5 5 5 4 7 2 13 95 25 g tons, rosters. "' .. ~ ~ ~] OJ!.: .... .SI" 2021 metric 9 5 4 3 5 2 4 4 7 2 0 0 0 0 0 0 9 2 1 0 17 19 91 41 29 21 § O -ct 154 125 502 .. year of a~ ~ ~Ji: .SI =::, *#A 7 2 0 7 0 8 0 9 15 10 39 35 51 22 79 48 23 28 27 fishing 191 121 127 116 364 0 "' .. § ~ Ji: -1= "Ct -5 1.275 allocation 2021 final sector 13 14 12 31 91 81 87 46 21 71 Year 123 144 a 329 611 807 using 228 255 299 "' " it ·.; 2 shovvs .. ~ 15 15 17 18 32 31 54 45 44 45 25 29 29 29 173 104 !! 656 = Fishing detennined table ~ u-o u~~ ~j§ 0 be for this 1 1 0 4 2 = 6 .. v,i.11 12 ~ Ji: ~ .. = '; cases, ~ z li VerDate Sep<11>2014 15:49 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\31MRP1.SGM 31MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS EP31MR21.002 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Proposed Rules 16693 BILLING CODE 3510–22–C maximized retention program will in accordance with the Magnuson- Announcement of our Electronic continue to operate under an EFP for Stevens Act. fishing year 2021. This will allow us to Monitoring Determination Sector Operations Plans and Contracts further evaluate the sufficiency of the Using the process and authority program for catch accounting. There were 16 active groundfish granted to us in Amendment 16 to the sectors in fishing year 2020. All 16 Northeast Multispecies FMP, and as In order to facilitate the adoption of active sectors submitted operations described in regulations at the EM audit model by sector vessels, plans and contracts for approval for § 648.87(b)(1)(v)(B), we have determined we offered a NMFS-designed audit fishing years 2021 and 2022. We are that the EM audit model is sufficient for model program for sectors to include in use instead of ASM. In December 2019, their proposed operations plans. Under proposing to approve 16 sector we notified the New England Fishery the NMFS-designed audit model operations plans and contracts for Management Council of our intent to program, vessels would be required to fishing years 2021 and 2022. In order to expand EM and allow sectors to submit measure groundfish discards in view of approve a sector’s operations plan for an EM plan as part of the fishing years cameras and use designated discard fishing years 2021 and 2022, we 2021–2022 sector operations plan control points for all discards. The consider whether a sector’s plan is approval process. Since 2016, we have captain and crew would have the option consistent with regulatory requirements worked with members of industry and to use subsampling protocols for high and FMP objectives, and whether it has other stakeholders to develop EM as a volumes of discards if included in the been compliant with reporting tool to meet sector monitoring vessel’s NMFS-approved VMP. requirements from previous years, requirements. We evaluated two models Participating vessels would submit EM including the year-end reporting using exempted fishing permits (EFP): data from all trips to their sector’s requirements found at The audit model and maximized contracted third-party service provider § 648.87(b)(1)(vi)(C). Approved retention. Under the audit model, the in accordance with the timeline operations plans, provided on our captain records an estimated weight for specified by NMFS (currently 7 days). A website as a single document for each all groundfish discards on an electronic subset of trips would be selected for sector, not only contain the rules under vessel trip report (eVTR) and adheres to review. Third-party service provider which each sector would fish, but also catch handling protocols at sea to staff would review and annotate EM provide the legal contract that binds ensure collection (e.g., groundfish data for selected trips, and submit a each member to the sector for the length discard measurements) of discard report detailing the results to NMFS, in of the sector’s operations plan. Each information from the EM data. EM data accordance with program requirements. sector’s operations plan, and each are the data created in the collection of NMFS would compare the third-party sector’s members, must comply with the fishery-dependent data by EM systems, service provider’s report to the eVTR regulations governing sectors, found at including the video, images, sensor submitted by the captain to understand § 648.87. In addition, each sector must data, and metadata for a trip. Under the accuracy of self-reporting by EM conduct fishing activities as detailed in maximized retention, vessels retain and vessels. Estimates of groundfish its approved operations plan. land all allocated groundfish catch, discards reported by the captain on the Participating vessels are required to including fish below the minimum size. eVTR and EM data collected by the comply with all pertinent Federal EM data is used to confirm the vessel’s third-party service provider would serve fishing regulations, except as adherence to the catch retention as the basis for catch accounting . specifically exempted in the letter of requirements, and a dockside monitor We are announcing our determination authorization (LOA) issued by the meets the vessel at the dock to collect and supporting rationale in this Regional Administrator, which details catch data shoreside. Based on the data proposed rule to facilitate public review any approved sector exemptions from collected under the EFPs, we have of, and comment on, the monitoring the regulations. If, during a fishing year, determined that the EM audit model is plans included in the sector operations or between fishing years 2021 and 2022, sufficient to verify a vessel’s submission plans and contracts proposed in the a sector requests an exemption that we of information on groundfish discards following section. We will approve or have already granted, or proposes a and other relevant information (e.g., disapprove each plan based on its change to administrative provisions, we date and time, gear category, location) sufficiency for sector catch accounting. may amend the sector operations plans. for the purpose of ACE accounting, Any EM program employed by a sector Should any such amendments require provided that the vessel’s captain and to meet monitoring and reporting modifications to LOAs, we would crew adhere to catch handling and requirements must adhere to the EM include these changes in updated LOAs reporting requirements as described in program standards described in the and provide them to the appropriate the vessel-specific monitoring plan Fishing Years 2021–22 Sector sectors. (VMP). VMPs detail specific fish Operations Plan, Contract, and EA As in previous years, we retain the handling protocols, policies and Requirements guidance document right to revoke exemptions in-season if: procedures, as well as the number and located on our website: https:// We determine that the exemption location of cameras. VMPs are reviewed www.fisheries.noaa.gov/new-england- jeopardizes management measures, FMP and approved by NMFS prior to a vessel mid-atlantic/commercial-fishing/ objectives, or rebuilding efforts; the enrolling in EM to ensure the set-up is fishing-year-2020-sectors. exemption results in unforeseen adequate to support data collection We are also making regulatory negative impacts on other managed fish needs and requirements. NMFS will adjustments, implemented under our stocks, habitat, or protected resources; provide a template to assist providers in section 305(d) authority in the the exemption causes enforcement developing VMPs that include the Magnuson-Stevens Act to make changes concerns; catch from trips using the required components. Vessels may use necessary to carry out the FMP. We are exemption cannot be adequately the EM audit model to meet monitoring making these adjustments to clarify the monitored; or a sector is not meeting and reporting requirements while use of EM for sector monitoring as certain administrative or operational fishing with hook, gillnet, or trawl gear described in the regulations at § 648.87 requirements. If it becomes necessary to in any of the four broad stock areas. The and to ensure the FMP is implemented revoke an exemption, we will do so VerDate Sep<11>2014 15:49 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\31MRP1.SGM 31MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 16694 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Proposed Rules through a process consistent with the who violate provisions of the operations ASM coverage level of 30 percent of all Administrative Procedure Act. plan and contract, and presents a trips. In addition, we provided 8- Each sector is required to ensure that schedule of penalties that managers may percent observer coverage through the it does not exceed its ACE during the levy on members for sector plan Northeast Fishery Observer Program fishing year. Sector vessels are required violations. (NEFOP), which helps to support the to retain all legal-sized allocated Sectors are required to monitor their Standardized Bycatch Reporting Northeast multispecies stocks, unless a allocations and catch. To help ensure Methodology (SBRM) and stock sector is granted an exemption allowing that a sector does not exceed its ACE, assessments. This resulted in an overall its member vessels to discard legal-sized each sector operations plan explains target coverage level of 38 percent for unmarketable fish at sea. Catch (defined sector monitoring and reporting fishing years 2010 and 2011, from the as landings and discards) of all allocated requirements, including a requirement combined ASM and NEFOP. Beginning Northeast multispecies stocks by a to submit weekly catch reports to us. If in fishing year 2012, we have conducted sector’s vessels count against the a sector reaches an ACE threshold an annual analysis to determine the sector’s allocation. Groundfish catch (specified in the operations plan), the total target coverage level. Table 5 from a sector trip targeting non- sector must provide us with sector depicts the annual target coverage groundfish species would be deducted allocation usage reports on a daily basis. levels. Industry has been required to pay from the sector’s ACE because these are Once a sector’s allocation for a for their ASM coverage costs since 2012, groundfish trips using gear capable of particular stock is caught, that sector is while we continued to fund NEFOP catching groundfish. Catch from a non- required to cease all sector fishing coverage. However, we were able to sector trip in an exempted fishery does operations in that stock area until it fund the industry’s portion of ASM acquires more ACE, likely by an ACE not count against a sector’s allocation costs and NEFOP coverage in fishing transfer between sectors. Within 60 days and is assigned to a separate ACL sub- years 2012 through most of 2015. of when we complete year-end catch component to account for any Industry paid for their portion of the accounting, each sector is required to groundfish bycatch that occurs in non- ASM program beginning in March 2016. submit an annual report detailing the groundfish fisheries. sector’s catch (landings and discards), In June 2016, after determining that the Each sector contract details the sector enforcement actions, and SBRM monitoring program could be method for initial ACE sub-allocation to pertinent information necessary to fully funded with additional funding sector members. For fishing years 2021 evaluate the biological, economic, and remaining, we announced that we had and 2022, each sector has proposed that social impacts of each sector. funds available to offset some of each active sector member could harvest industry’s costs of the groundfish ASM an amount of fish equal to the amount Industry-Funded Monitoring Programs program in 2016. We reimbursed sectors each individual member’s permit Sectors are responsible for designing, for 85 percent of their ASM costs for 10 contributed to the sector, as modified by implementing, and funding a months of the fishing year, distributed the sector for reserves or other monitoring program that will provide through a grant by the Atlantic States management measures. Each sector the level of ASM coverage specified by Marine Fisheries Commission. In fishing operations plan submitted for fishing NMFS for that year. We are required to year 2017, using leftover funds from the years 2021 and 2022 states that the determine a level of ASM coverage 2016 grant, we reimbursed sectors for 60 sector would withhold an initial reserve using a process described in Framework percent of industry costs in fishing year from the sector’s ACE sub-allocation to 55 (81 FR 26412; May 2, 2016) that 2017. Fishing effort was lower than each individual member to prevent the provides a reliable estimate of overall expected in the first few months of the sector from exceeding its ACE. A sector catch by sectors needed for monitoring fishing year, and we were ultimately and sector members can be held jointly ACEs and ACLs while minimizing the able to retroactively reimburse sectors and severally liable for ACE overages, cost burden to sectors and NMFS to the for an additional estimated 25 percent of discarding legal-sized fish, and/or extent practicable. Sectors are industry’s 2017 costs, which exhausted misreporting catch (landings or responsible for the at-sea portion of the remaining available SBRM funds. In discards). Each sector contract provides costs associated with the sector’s fiscal years 2018, 2019, 2020, and 2021, procedures for sector enforcement of its monitoring program(s), even in years Congress appropriated $10.3 million for rules, explains sector monitoring and when reimbursement funds are groundfish ASM. With these funds, we reporting requirements, provides sector available. were able to fully reimburse industry managers with the authority to issue In fishing years 2010 and 2011, we costs in fishing years 2018, 2019, and stop fishing orders to sector members funded an ASM program with a target 2020. TABLE 5—HISTORIC TARGET COVERAGE LEVEL FOR MONITORING Total target ASM target NEFOP target Fishing year coverage level coverage level coverage level (percent) (percent) (percent) 2010 ...... 38 30 8 2011 ...... 38 30 8 2012 ...... 25 17 8 2013 ...... 22 14 8 2014 ...... 26 18 8 2015 ...... 16 12 4 2016 ...... 14 10 4 2017 ...... 16 8 8 2018 ...... 15 10 5 2019 ...... 31 (*) (*) VerDate Sep<11>2014 15:49 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\31MRP1.SGM 31MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Proposed Rules 16695 TABLE 5—HISTORIC TARGET COVERAGE LEVEL FOR MONITORING—Continued Total target ASM target NEFOP target Fishing year coverage level coverage level coverage level (percent) (percent) (percent) 2020 ...... 40 (*) (*) * Beginning in fishing year 2019, assignment of NEFOP coverage changed in a way that no longer provided a single coverage target across all sectors. As a result, the total target coverage level was no longer partitioned into fixed ASM and NEFOP target coverage levels. On March 20, 2020, we issued a fleet- all groundfish trips. Only a subset of the years 2021 and 2022 were similar to wide observer waiver in response to submitted trips would be selected for those approved in past years. local travel restrictions and limits on review to monitor groundfish discards Sustainable Harvest Sectors 1, 2, and gatherings. During this time, we worked for catch accounting. For fishing year 3; the GB Cod Fixed Gear Sector, the with monitoring service providers to 2021, NMFS would randomly select 50 Maine Coast Community Sector, and develop observer redeployment plans, percent of trips for review by a third- Northeast Fishery Sectors (NEFS) 5, 10, finalize internal policies to promote safe party service provider. A subset of the 11, and 13 have proposed to use the and effective redeployment, and selected trips would undergo a NMFS-designed ASM program. We conduct outreach to industry. We secondary review by NMFS to monitor propose to approve this program for initiated the redeployment process on the third-party service provider’s these sectors because it is consistent August 14, 2020. We are currently performance. The vessel owner or with goals and objectives of monitoring operating under two national level operator and the third-party service and regulatory requirements. Sectors observer waivers. A vessel receives a provider must provide the EM data for that operate only as permit banks, and waiver if an observer or ASM is not any given trip to NMFS, and its explicitly prohibit fishing in their available for deployment; or the authorized officers and designees, upon operations plans, are not required to observer provider cannot meet the safety request including, but not limited to, include provisions for an ASM program. protocols imposed by a state on the trips selected for secondary review. The We propose to approve the ASM commercial fishing crew or by the fishing year 2022 selection rate for programs proposed by the remaining vessel or vessel company on its crew. third-party review would be announced five active sectors, NEFS 2, 6, 7, 8, and Service provider companies have during fishing year 2021. The selection 12, which state that they will: Contract experienced significant staff attrition rate may vary annually based on vessel with a NMFS-approved ASM provider; this year as a result of the limited performance and less than 100 percent meet the specified coverage level; and amount of work available, and will need of trips would be reviewed, consistent utilize the Pre-Trip Notification System to hire additional staff to meet future with regulations at 50 CFR for random selection of monitored trips specified coverage levels. Given the 648.87(b)(1)(v)(B)(1). Although the exact and notification to providers. These circumstances, we do not expect sectors costs of groundfish monitoring for ASM programs also include additional to meet the 40 percent target coverage fishing year 2021 are not known at this protocols for ASM coverage waivers, level in fishing year 2020. We expect to time, we expect we will have sufficient incident reporting, and safety work with sectors and service provider funds to fully reimburse industry’s costs requirements for their sector managers companies through the remainder of the for ASM and EM based on our and members. We have preliminarily year to increase coverage levels to the experience in previous fishing years. determined that the proposed programs extent possible, and to ensure they meet are consistent with the goals and the specified coverage level when Proposed Industry-Funded Monitoring objectives of ASM and regulatory normal operations resume. Programs requirements. As announced in the previous section, Seven sectors also submitted an EM we have determined that the EM audit The draft operations plans submitted plan as part of their draft operations model is sufficient to be used by vessels in October 2020 include industry- plans. Of these sectors, six sectors, instead of ASM to meet sector funded monitoring plans for fishing year Sustainable Harvest Sectors 1, 2, and 3; monitoring requirements. Sector vessels 2021. As in previous years, we gave the GB Cod Fixed Gear Sector, the may choose to use either ASM or the sectors the option to design their own Maine Coast Community Sector, and EM audit model to meet monitoring monitoring program(s) in compliance Northeast Fishery Sector 5, chose to use requirements, provided that the sector with regulations or elect to adopt the the NMFS-designed EM audit model has a corresponding monitoring NMFS-designed ASM and/or EM audit program. We propose to approve this program approved as part of its model program(s). The NMFS-designed program for these sectors because it is operations plans, and we will no longer ASM program is the same program that consistent with goals and objectives of implement the EM audit model using an we have used in previous fishing years. monitoring and regulatory requirements. EFP. On January 26, 2021, we In the event that we cannot approve a One sector, Northeast Fishery Sector announced that the total target ASM proposed monitoring program, we asked 2, proposed an EM program of its own coverage level will be 40 percent for all sectors to include an option to select design. The proposed program fishing year 2021. Vessels that choose to a current NMFS-designed monitoring maintained key elements of the NMFS- use ASM to meet monitoring program as a fail-safe. designed EM audit model program as requirements would have a target All active sectors submitted an ASM the basis for its proposed EM program coverage level of 40 percent for all plan as part of their draft operations with modifications. We propose to sector groundfish trips. Vessels that plans. Similar to previous years, some approve NEFS 2’s proposed program, choose to use EM to meet monitoring sectors chose to use the NMFS-designed which states that it will: Contract with coverage requirements would use ASM program while others proposed an approved service provider; utilize cameras and adhere to catch handling programs of their own design. Sector- PTNS as required; run cameras on 100 protocols as described in the VMP for designed ASM programs for fishing percent of groundfish trips for EM VerDate Sep<11>2014 15:49 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\31MRP1.SGM 31MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 16696 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Proposed Rules vessels; and audit trips at a rate of 50 (4) prohibition on a vessel hauling (13) seasonal restrictions for the CA II percent. The proposed program also another vessel’s gillnet gear; Yellowtail Flounder/Haddock SAP; establishes internal protocols and (5) limits on the number of gillnets (14) sampling exemption; controls for the sector to manage its that may be hauled on GB when fishing (15) 6.5-inch minimum mesh size member vessels’ participation in EM. under a Northeast multispecies/ requirement for trawl nets to allow a We propose to approve this program for monkfish DAS; 5.5-inch codend on directed redfish this sector because it is consistent with (6) limits on the number of hooks that trips; goals and objectives of monitoring and may be fished; (16) prohibition on combining small- regulatory requirements. (7) DAS Leasing Program length and mesh exempted fishery and sector trips Previously Granted Exemptions for horsepower restrictions; in SNE; (17) extra-large mesh requirement to Fishing Years 2021 and 2022 (8) prohibition on discarding; target dogfish on trips excluded from Previously Granted Exemptions Granted (9) gear requirements in the Eastern ASM in SNE and Inshore GB; for Fishing Years 2021 and 2022 (1–19) U.S./Canada Management Area; (18) requirement that Handgear A (10) prohibition on a vessel hauling We are granting exemptions from the vessels carry a Vessel Monitoring another vessel’s hook gear; following requirements for fishing years System (VMS) unit when fishing in a 2021 and 2022, all of which have been (11) the requirement to declare an single broad stock area (BSA); and requested and granted in previous years: intent to fish in the Eastern U.S./Canada (19) limits on the number of gillnets (1) 120-day block out of the fishery Special Access Program (SAP) and the for Day gillnet vessels in the GOM. required for Day gillnet vessels; Closed Area (CA) II Yellowtail A detailed description of the (2) 20-day spawning block out of the Flounder/Haddock SAP prior to leaving previously granted exemptions and fishery required for all vessels; the dock; supporting rationale can be found in the (3) limits on the number of gillnets for (12) seasonal restrictions for the applicable final rules identified in Table Day gillnet vessels outside the GOM; Eastern U.S./Canada Haddock SAP; 6 below. TABLE 6—EXEMPTIONS FROM PREVIOUS FISHING YEARS THAT ARE GRANTED IN FISHING YEARS 2021 AND 2022 Exemptions Rulemaking Date of publication Citation 1–2, 4–9 ...... Fishing Year 2011 Sector Operations Final Rule ...... April 25, 2011 ...... 76 FR 23076. 10–11 ...... Fishing Year 2012 Sector Operations Final Rule ...... May 2, 2012 ...... 77 FR 26129. 12–14 ...... Fishing Year 2013 Sector Operations Interim Final Rule ...... May 2, 2013 ...... 78 FR 25591. 3, 15–16 ...... Fishing Years 2015–2016 Sector Operations Final Rule ...... May 1, 2015 ...... 80 FR 25143. 17 ...... Framework 55 Final Rule ...... May 2, 2016 ...... 81 FR 26412. 18 ...... Amendment 18 Final Rule ...... April 21, 2017 ...... 82 FR 18706. 19 ...... Fishing Year 2018 Sector Operations Final Rule ...... May 1, 2018 ...... 83 FR 18965. Northeast Multispecies Federal Register documents can be found at https://www.fisheries.noaa.gov/management-plan/northeast-multispecies- management-plan. New Exemption Requests We Will Not when fishing under the exemption. We are denying the request in this Approve for Fishing Year 2021 Vessels would be restricted to a year’s sector operations plans. Sectors submitted a similar exemption request Minimum Mesh Size for Gillnets Fished maximum of 30 gillnets. Soak time in Georges Bank would not exceed 24 hours and vessels last year, which we also denied. While would retrieve their gear at the end of GB haddock is a healthy stock and we For fishing year 2021, one sector each trip. Participating sectors would are supportive of efforts to increase requested a new exemption to allow monitor exemption usage to ensure that utilization of GB haddock quota, we are sector vessels to use 6.0-inch (15.2-cm) haddock catch makes up 75 percent or concerned that allowing the use of mesh size to target groundfish in the GB more of the total catch, based on a gillnets smaller than the 6.5-inch (16.5- BSA. Under current regulations, vessels running three trip average. The intent of cm) minimum mesh size may have an are prohibited from fishing for the request is to allow vessels fishing impact on GB cod, given that this stock groundfish with gillnets with mesh with gillnets to target GB haddock, a is overfished and overfishing is smaller than 6.5 inches (16.5 cm) in the healthy groundfish stock. occurring. Although some studies have GOM and GB Regulated Mesh Areas. shown increased selectivity of haddock Minimum mesh size restrictions We previously approved similar with smaller mesh gillnets, selectivity (§ 648.80(a)(3)(i), (a)(4)(i), (b)(2)(i), and exemptions in fishing years 2010–2012, curves suggest that smaller mesh (c)(2)(i)) were implemented under which allowed vessels to use 6.0-inch gillnets will catch more smaller-sized previous groundfish actions to reduce (15.2-cm) mesh gillnets to target cod and other co-occurring species than overall mortality on groundfish stocks, haddock in the Gulf of Maine, however, larger mesh nets. Industry and change the selection pattern of the these exemptions were disapproved in researchers have conducted studies to fishery to target larger fish, improve 2013 (78 FR 25591; May 2, 2013) due to further investigate the selectivity of survival of sublegal fish, and allow concerns about GOM haddock stock different gillnet mesh sizes, but these sublegal fish more opportunity to spawn status, which was poor at the time, and studies relied on limited data, did not before entering the fishery. potential impacts on protected species. directly investigate fishing in the Under the requested exemption, Despite improved stock status of GOM proposed areas, and have yet to be peer sector vessels would fish with gillnets haddock, we have not re-approved an reviewed. In addition, changes in the as small as 6.0 inches (15.2 cm) in the exemption in the GOM because of location and intensity of gillnet fishing GB BSA year-round. Vessels would concerns about bycatch of GOM cod, may have impacts on protected restrict fishing activity to the GB BSA which is in poor condition. resources, particularly North Atlantic VerDate Sep<11>2014 15:49 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\31MRP1.SGM 31MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Proposed Rules 16697 right whales, which are critically ‘‘community’’ gear exemptions. from some of the effort controls in the endangered and are present in the Regulations at § 648.84(a) require a fishery management plan, as well as requested area during certain times of vessel to mark all bottom-tending fixed sector-specific exemptions, which grant year. We may reevaluate this exemption gear, which includes fish trap gear used additional operational flexibilities to request in a future action, should further to target groundfish. This requirement sector vessels. Universal exemptions information become available. helps protect against illegal hauling of include exemptions from DAS, seasonal gear by vessels that do not own the gear closures, and trip limits. These Additional Sector Operations Plan and are not authorized to tend it. To exemptions allow sector participants to Provisions facilitate enforcement of § 648.84(a) and maximize per-trip yields, more fully Inshore GOM Restrictions use of this exemption, we are requiring harvest healthy stocks, and time the each vessel authorized to haul another’s market. Several sectors have proposed an gillnet gear to tag that gear, similar to The Regulatory Flexibility Act (RFA) operations plan provision to limit and how this sector operations plan requires Federal agencies to consider more accurately document a vessel’s provision was implemented in fishing disproportionality and profitability to behavior when fishing in an area they years 2014 through 2020. This allows determine the significance of regulatory define as the inshore portion of the one vessel to deploy the trap gear and impacts. For RFA purposes only, NMFS GOM BSA, or the area to the west of 70° another vessel to haul the trap gear, established a small business size 15’ W. long. As in fishing years 2019 provided both vessels tag the gear prior standard for businesses, including their and 2020, we are approving this to deployment. This requirement is affiliates, whose primary industry is provision, but a sector may elect to included in the sector’s operations plan commercial fishing (see 50 CFR 200.2). remove this provision in the final to provide the opportunity for the sector A business primarily engaged in version of its operations plan, and it is to monitor the use of this provision and commercial fishing (NAICS code 11411) not a requirement under NMFS facilitate the Office of Law Enforcement is classified as a small business if it is regulations. and the U.S. Coast Guard’s enforcement independently owned and operated, is Under this provision, a vessel that is of the marking requirement. We do not not dominant in its field of operation carrying an observer or ASM would expect this provision to increase effort (including its affiliates), and has remain free to fish in all areas, including or the amount of fish trap gear used. combined annual receipts less than $11 the inshore GOM area, without Instead, it would provide an efficiency million for all its affiliated operations restriction. If a vessel is not carrying an and would allow a vessel to retrieve worldwide. The determination of observer or ASM and fishes any part of whether the entity is large or small is ° gear as a convenience. its trip in the GOM west of 70 15’ W. based on the average annual revenue for long., the vessel would be prohibited Classification the most recent 3 years for which data from fishing outside of the GOM BSA. Pursuant to section 304(b)(1)(A) of the are available (from 2017 through 2019). Also, if a vessel is not carrying an Magnuson-Stevens Fishery To participate in the Northeast observer or ASM and fishes any part of Conservation and Management Act Multispecies Sector Program, vessels its trip outside the GOM BSA, this (Magnuson-Stevens Act), the NMFS must possess a limited access provision would prohibit a vessel from Assistant Administrator has multispecies permit and operate as part fishing west of 70° 15’ W. long. within preliminarily determined that this of a sector. Entities holding one or more the GOM BSA. The approved provision proposed rule is consistent with the limited access multispecies permits are includes a requirement that a vessel Northeast Multispecies FMP, other potentially impacted by this action. declare whether it intends to fish in the provisions of the Magnuson-Stevens According to the commercial database, inshore GOM area through the trip start Act, and other applicable law, subject to there were 627 entities that had at least hail using its VMS unit prior to further consideration after public one valid limited access permit during departure. We provide sector managers comment. 2019, the last year for which affiliation with the ability to monitor this This proposed rule has been information is available. Of these provision through the Sector determined to be not significant for entities, 100 did not have revenues. Information Management Module, a purposes of Executive Order 12866. There were 527 entities that reported website where we also provide roster, The Chief Counsel for Regulation of revenues during 2019. Of these, 6 were trip, discard, and observer information the Department of Commerce certified classified as large and 521 were to sector managers. A sector vessel may to the Chief Counsel for Advocacy of the classified as small businesses.1 use a federally-funded NEFOP observer Small Business Administration (SBA) The proposed approval of fishing or ASM on these trips because we that this proposed rule, if adopted, years 2021 and 2022 operations plans believe this option will not create bias would not have a significant economic and the allocation of fishing year 2021 in discard estimates, as fishing behavior impact on a substantial number of small ACE to groundfish sectors will have a is expected to be consistent with the entities. positive impact on all 627 entities, as it standard fishery requirements such as This action proposes to approve will allow them to participate in the minimum gear and fish sizes as a result measures submitted in 16 Northeast sector groundfish fishery rather than of exercising this option. multispecies sector operations plans, fish under the common pool effort including sector regulatory exemptions Prohibition on a Vessel Hauling Another control regulations. Common pool intended to provide additional regulations include limits on DAS, trip Vessel’s Trap Gear To Target operational flexibility, at-sea and Groundfish limits, gear restrictions, size limits, and electronic monitoring programs, and the closures intended to control overall Several sectors have requested a allocation of ACE to sectors. Sectors provision to allow a vessel to haul must have an approved operations plan 1 For purposes of this analysis, groundfish limited another vessel’s fish trap gear, similar to in order to operate, receive ACE access eligibilities held as Confirmation of Permit the current exemptions that allow a allocations, and authorize member History (CPH) are not included because although they may generate revenue from ACE leasing, they vessel to haul another vessel’s gillnet vessels to fish. Sectors operate under a do not generate any gross sales from fishing activity gear or hook gear. These exemptions series of ‘‘universal’’ regulatory and thus would not be classified as commercial have generally been referred to as exemptions that exempt sector vessels fishing entities. VerDate Sep<11>2014 15:49 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\31MRP1.SGM 31MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 16698 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Proposed Rules fishing mortality. In addition, these other sensor data collected by an objectives of groundfish monitoring effort controls would be subject to in- electronic monitoring system. programs at § 648.11(l) are considered season modifications and fishery * * * * * equally-weighted secondary goals. The closures based on industry-wide Video reviewer means any electronic details of any at-sea or electronic landings. Conversely, the ability to monitoring service provider staff monitoring program must be specified participate in the sector fishery would approved/certified by NMFS for in the sector’s operations plan, pursuant provide increased efficiency and providing electronic monitoring video to paragraph (b)(2)(xi) of this section, flexibility to fishing businesses by review services consistent with and must meet the operational exempting sector members from electronic monitoring program standards specified in paragraph (b)(5) common pool limits. The proposed rule requirements. of this section. Electronic monitoring will not have a significant economic * * * * * may be used in place of at-sea monitors impact on a substantial number of small ■ 3. In § 648.14, revise paragraph if the technology is deemed sufficient by entities, and small entities would not be (k)(14)(x) and add paragraphs NMFS for a specific trip type based on placed at a competitive disadvantage (k)(14)(xii) and (xiii) to read as follows: gear type and area fished, in a manner relative to large entities. As a result, an consistent with the Administrative initial regulatory flexibility analysis is § 648.14 Prohibitions. Procedure Act. The level of coverage for not required and none has been * * * * * trips by sector vessels is specified in prepared. (k) * * * paragraph (b)(1)(v)(B)(1) of this section. This proposed rule does not contain (14) * * * The at-sea/electronic monitoring a change to a collection of information (x) Leave port to begin a trip before an program shall be reviewed and requirement for purposes of the at-sea monitor has arrived and boarded approved by the Regional Administrator Paperwork Reduction Act of 1995. The the vessel if assigned to carry an at-sea as part of a sector’s operations plans in existing collection of information monitor for that trip, or without an a manner consistent with the requirements would continue to apply operational electronic monitoring Administrative Procedure Act. A service under the following OMB Control system installed on board, as specified provider providing at-sea or electronic Number(s): 0648–0605; Northeast in § 648.87(b)(5)(iii)(A). monitoring services pursuant to this Multispecies Amendment 16. * * * * * paragraph (b)(1)(v)(B) must meet the service provider standards specified in List of Subjects in 50 CFR Part 648 (xii) Fail to comply with the electronic monitoring system paragraph (b)(4) of this section, and be Fisheries, Fishing, Recordkeeping and requirements as specified in approved by NMFS in a manner reporting requirements. § 684.87(b)(5)(iii)(A)(2). consistent with the Administrative (xiii) Fail to comply with the vessel Procedure Act. Dated: March 24, 2021. (1) Coverage levels. Except as Samuel D. Rauch, III, monitoring plan requirements as specified in § 648.87(b)(5)(iii)(A)(3). specified in paragraph (b)(1)(v)(B)(1)(i) Deputy Assistant Administrator for of this section, any service provider * * * * * Regulatory Programs, National Marine providing at-sea or electronic ■ 4. In § 648.87, Fisheries Service. monitoring services required under this ■ a. Revise paragraphs (b)(1)(v)(B) paragraph (b)(1)(v)(B)(1) must provide For the reasons stated in the introductory text, (b)(1)(v)(B)(1) coverage that is fair and equitable, and preamble, 50 CFR part 648 is proposed introductory text, (b)(4) introductory distributed in a statistically random to be amended as follows: text, (b)(4)(i)(D) through (J), (b)(4)(ii) manner among all trips such that introductory text, (b)(4)(ii)(A)(6), PART 648—FISHERIES OF THE coverage is representative of fishing (b)(4)(ii)(B) through (D), (b)(4)(ii)(G), and NORTHEASTERN UNITED STATES activities by all vessels within each (b)(4)(ii)(H)(1); sector and by all operations of vessels ■ b. Add paragraphs (b)(4)(ii)(H)(4) and ■ 1. The authority citation for part 648 operating in each sector throughout the (b)(4)(iv); and continues to read as follows: fishing year. Coverage levels for an at- ■ c. Revise paragraphs (b)(5)(iii)(A), sea or electronic monitoring program, Authority: 16 U.S.C. 1801 et seq. (b)(5)(iii)(B)(2), and (b)(5)(iv)(B). including video review requirements, ■ 2. In § 648.2, add the definitions for The revisions and additions to read as follows: shall be specified by NMFS, pursuant to ‘‘electronic monitoring data,’’ ‘‘raw,’’ paragraph (b)(1)(v)(B)(1)(i) of this and ‘‘video reviewer’’ in alphabetical § 648.87 Sector allocation. section, but shall be less than 100 order to read as follows: * * * * * percent of all sector trips. In the event § 648.2 Definitions. (b) * * * that a NMFS-sponsored observer and a third-party at-sea monitor are assigned * * * * * (1) * * * (v) * * * to the same trip, only the NMFS Electronic monitoring data means the (B) Independent third-party observer must observe that trip. If an at- data that are created in the collection of monitoring program. A sector must sea monitor is assigned to a particular fishery-dependent data by electronic develop and implement an at-sea or trip, a vessel may not leave port without monitoring systems during fishing electronic monitoring program that is the at-sea monitor on board. If a vessel operations, including the video, images, satisfactory to, and approved by, NMFS is using electronic monitoring to comply and other sensor data, as well as the for monitoring catch and discards and with the monitoring requirements of metadata that provides information (e.g., utilization of sector ACE, as specified in this part, it may not leave port without trip sail date, vessel information) about this paragraph (b)(1)(v)(B). The primary an operational electronic monitoring the raw data. goal of the at-sea/electronic monitoring system on board. * * * * * program is to verify area fished, as well * * * * * Raw, with respect to electronic as catch and discards by species and (4) Independent third-party monitoring, means the original, gear type, in the most cost-effective monitoring provider standards. Any unaltered video footage, images, and means practicable. All other goals and service provider intending to provide at- VerDate Sep<11>2014 15:49 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\31MRP1.SGM 31MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Proposed Rules 16699 sea/electronic monitoring services course, unless otherwise specified by indirect interest in a fishery managed described in paragraph (b)(1)(v) of this NMFS; under Federal regulations, including, section must apply to and be approved/ (J) An Emergency Action Plan but not limited to, fishing vessels, certified by NMFS in a manner describing the provider’s response to an dealers, shipping companies, sectors, consistent with the Administrative emergency with any at-sea monitor or sector managers, advocacy groups, or Procedure Act. NMFS shall approve/ electronic monitoring staff, including, research institutions and may not solicit certify service providers, at-sea but not limited to, personal injury, or accept, directly or indirectly, any monitors, or video reviewers as eligible death, harassment, or intimidation; and gratuity, gift, favor, entertainment, loan, to provide sector monitoring services * * * * * or anything of monetary value from specified in this part and can (ii) Service provider performance anyone who conducts fishing or fishing- disapprove/decertify service providers, requirements. At-sea and electronic related activities that are regulated by individual at-sea monitors, or video monitoring service providers must be NMFS, or who has interests that may be reviewers through notice in writing to able to document compliance with the substantially affected by the individual service providers/monitors/ following criteria and requirements: performance or nonperformance of the video reviewers if the following criteria (A) * * * official duties of service providers; are no longer being met: (6) For service providers offering (H) * * * (i) * * * catch estimation or at-sea or electronic (1) At-sea monitor and other approved (D) A statement, signed under penalty monitoring services, a service provider monitoring equipment deployment or of perjury, from each owner, board must be able to determine an estimate video review levels, including the member, and officer describing any of discards for each trip and provide number of refusals and reasons for such criminal convictions, Federal contracts such information to the sector manager refusals; they have had, and the performance and NMFS, as required by this section. * * * * * rating they received on the contract, and (B) The service provider must ensure (4) *** previous decertification action while that at-sea monitors or video reviewers (iv) Standards for individual working as an observer, at-sea monitor, remain available to NMFS, including electronic monitoring video reviewers. or video reviewer; or as an observer, at- NMFS Office for Law Enforcement, for For an individual to be approved/ sea, or electronic monitoring service debriefing for at least 2 weeks following certified as an electronic monitoring provider; any monitored trip/offload or electronic video reviewer, the service provider (E) A description of any prior monitoring trip report submission. must demonstrate that each potential experience the applicant may have in Electronic monitoring service providers reviewer meets the requirements placing individuals or monitoring must ensure that electronic monitoring described in paragraphs (b)(4)(iii)(A), equipment in remote field and/or data and reports are retained for a (B), (E), and (F) of this section. marine work environments including, minimum of 12 months after catch data * * * * * but not limited to, recruiting, hiring, is finalized for the fishing year. NMFS (5) * * * deployment, equipment installation and will notify providers of the catch data (iii) * * * maintenance, and personnel finalization date each year. The service (A) Vessel requirements – (1) Pre-trip administration; provider must provide NMFS access to notification. In addition to all other (F) A description of the applicant’s electronic monitoring data upon reporting/recordkeeping requirements ability to carry out the responsibilities request; specified in this part, to facilitate the and duties of a sector monitoring service (C) The service provider must report deployment of at-sea monitors and provider and the arrangements to be possible at-sea or electronic monitoring electronic monitoring equipment used, including whether the service staff harassment; discrimination; pursuant to paragraph (b)(1)(v)(B)(1) of provider is able to offer at-sea or concerns about vessel safety or marine this section, the operator of a vessel electronic monitoring services; casualty; injury; and any information, fishing on a sector trip must provide at- (G) Evidence of adequate insurance allegations, or reports regarding at-sea or sea/electronic monitoring service (copies of which shall be provided to electronic monitoring staff conflict of providers with at least the following the vessel owner, operator, or vessel interest or breach of the standards of information: The vessel name, permit manager, when requested) to cover behavior to NMFS and/or the sector number, trip ID number in the form of injury, liability, and accidental death to manager, as specified by NMFS; the VTR serial number of the first VTR cover at-sea monitors (including during (D) The service provider must submit page for that trip or another trip training) and electronic monitoring staff to NMFS, if requested, a copy of each identifier specified by NMFS, whether a who provide electronic monitoring signed and valid contract (including all monkfish DAS will be used, and an services to vessels; vessel owner; and attachments, appendices, addendums, estimate of the date/time of departure in service provider. NMFS will determine and exhibits incorporated into the advance of each trip. The timing of such the adequate level of insurance and contract) between the service provider notice shall be sufficient to allow ample notify potential service providers; and those entities requiring services time for the service provider to (H) Proof of benefits and personnel (i.e., sectors and participating vessels) determine whether an at-sea monitor or services provided in accordance with and between the service provider and electronic monitoring equipment will be the terms of each monitor’s or electronic specific dockside, roving, at-sea, or deployed on each trip and allow the at- monitoring staff’s contract or electronic monitoring staff; sea monitor or electronic monitoring employment status; * * * * * equipment to prepare for the trip and (I) Proof that the service provider’s at- (G) With the exception of a service get to port, or to be installed on the sea monitors or video reviewers have provider offering reporting, dockside, at- vessel, respectively. The details of the passed an adequate training course sea, or electronic monitoring services to timing, method (e.g., phone, email, etc.), sponsored by the service providers to participants of another fishery managed and information needed for such pre- the extent not funded by NMFS that is under Federal regulations, a service trip notifications shall be included as consistent with the curriculum used in provider’s owner(s), board member(s), part of a sector’s yearly operations plan. the current yearly NEFOP training and officers must not have a direct or If a vessel has been informed by a VerDate Sep<11>2014 15:49 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\31MRP1.SGM 31MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 16700 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Proposed Rules service provider that an at-sea monitor may be identified and quantified as plan available to NMFS for inspection, or electronic monitoring equipment has required; and upon request. been assigned to a particular trip (iv) Ensuring that no person tampers * * * * * with, disconnects, or destroys any part pursuant to paragraph (b)(5)(iii)(B)(1) of (B) * * * this section, the vessel may not leave of the electronic monitoring system, port to begin that trip until the at-sea associated equipment, or recorded data. (2) At-sea/electronic monitoring monitor has arrived and boarded the (3)Vessel monitoring plan report. A report detailing area fished vessel, or the electronic monitoring requirements for electronic monitoring and the amount of each species kept and equipment has been properly installed. vessels. A vessel must have a NMFS- discarded shall be submitted electronically in a standard acceptable (2) Electronic monitoring system approved vessel monitoring plan to form to the appropriate sector and requirements. A vessel operator using meet sector monitoring requirements. NMFS within 48 hour of the completion electronic monitoring to meet sector (i) The vessel monitoring plan must be of the trip, or as otherwise instructed by monitoring requirements must ensure onboard the vessel at all times. (ii) The vessel operator and crew must the Regional Administrator. The data that the electronic monitoring system is comply with all catch handling elements to be collected and the format operational for every trip, including: protocols and other requirements for submission shall be specified by (i) Ensuring that the electronic described in the vessel monitoring plan, NMFS and distributed to all approved monitoring system is operating, including sorting catch and processing at-sea/electronic monitoring service recording, and retaining the recording any discards within view of the cameras providers and sectors. At-sea/electronic for the duration of every trip. A vessel and consistent with the vessel monitoring data shall not be accepted must not fish without an operational monitoring plan. until such data pass automated NMFS electronic monitoring system recording (iii) Modifications to any vessel data quality checks. and retaining the recording of activity monitoring plan must be approved by (iv) * * * onboard, unless issued a waiver by NMFS prior to such vessel fishing under (B) At-sea monitoring service provider NMFS; the conditions of the new vessel (ii) Conducting a system check of the monitoring plan. requirements. An at-sea monitor must electronic monitoring system prior to (iv) A vessel owner or operator using complete a pre-trip vessel safety departing on a fishing trip to ensure it electronic monitoring to meet sector checklist provided by NMFS before an is fully operational, including ensuring monitoring requirements must submit at-sea monitor can leave port onboard a there is sufficient video storage capacity all electronic monitoring data to the vessel on a sector trip. If the vessel fails to retain the recording of the entire service provider in accordance with the a review of safety issues pursuant to this fishing trip; electronic monitoring program paragraph (b)(5)(iv)(B), an at-sea (iii) Ensuring camera views are requirements specified by NMFS. monitor cannot be deployed on that unobstructed and clear, including (v) A vessel owner or operator must vessel for that trip. ensuring lighting is sufficient in all make the electronic monitoring system, * * * * * circumstances to illuminate catch, so associated equipment, electronic [FR Doc. 2021–06513 Filed 3–30–21; 8:45 am] that catch and discards are visible and monitoring data, or vessel monitoring BILLING CODE 3510–22–P VerDate Sep<11>2014 15:49 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4702 Sfmt 9990 E:\FR\FM\31MRP1.SGM 31MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 16701 Notices Federal Register Vol. 86, No. 60 Wednesday, March 31, 2021 This section of the FEDERAL REGISTER suspended investigation(s) listed below. in its Procedures for Conducting Five- contains documents other than rules or The International Trade Commission Year (Sunset) Reviews of Antidumping proposed rules that are applicable to the (the ITC) is publishing concurrently and Countervailing Duty Orders, 63 FR public. Notices of hearings and investigations, with this notice its notice of Institution 13516 (March 20, 1998) and 70 FR committee meetings, agency decisions and of Five-Year Reviews which covers the rulings, delegations of authority, filing of 62061 (October 28, 2005). Guidance on petitions and applications and agency same order(s) and suspended methodological or analytical issues statements of organization and functions are investigation(s). relevant to Commerce’s conduct of examples of documents appearing in this DATES: Applicable April 1, 2021. Sunset Reviews is set forth in section. FOR FURTHER INFORMATION CONTACT: Antidumping Proceedings: Calculation Commerce official identified in the of the Weighted-Average Dumping Initiation of Review section below at Margin and Assessment Rate in Certain DEPARTMENT OF COMMERCE AD/CVD Operations, Enforcement and Antidumping Duty Proceedings; Final International Trade Administration Compliance, International Trade Modification, 77 FR 8101 (February 14, Administration, U.S. Department of 2012). Initiation of Five-Year (Sunset) Commerce, 1401 Constitution Avenue, Reviews NW, Washington, DC 20230. For Initiation of Review information from the ITC, contact Mary In accordance with section 751(c) of AGENCY: Enforcement and Compliance, Messer, Office of Investigations, U.S. International Trade Administration, International Trade Commission at (202) the Tariff Act of 1930, as amended (the Department of Commerce. 205–3193. Act) and 19 CFR 351.218(c), we are initiating the Sunset Reviews of the SUMMARY: The Department of Commerce SUPPLEMENTARY INFORMATION: (Commerce) is automatically initiating following antidumping and the five-year reviews (Sunset Reviews) Background countervailing duty order(s) and of the antidumping duty (AD) and Commerce’s procedures for the suspended investigation(s): countervailing duty (CVD) order(s) and conduct of Sunset Reviews are set forth DOC case No. ITC case No. Country Product Commerce contact A–122–855 .... 731–TA–1270 Canada .. Polyethylene Terephthalate Resin (1st Review) ...... Thomas Martin, (202) 482–3936. A–570–024 .... 731–TA–1271 China ..... Polyethylene Terephthalate Resin (1st Review) ...... Thomas Martin, (202) 482–3936. A–570–886 .... 731–TA–1043 China ..... Polyethylene Retail Carrier Bags (3rd Review) ...... Mary Kolberg, (202) 482–1785. A–570–504 .... 731–TA–282 China ..... Petroleum Wax Candles (5th Review) ...... Thomas Martin, (202) 482–3936. A–533–861 .... 731–TA–1272 India ...... Polyethylene Terephthalate Resin (1st Review) ...... Thomas Martin, (202) 482–3936. A–560–822 .... 731–TA–1156 Indonesia Polyethylene Retail Carrier Bags (2nd Review) ...... Mary Kolberg, (202) 482–1785. A–557–813 .... 731–TA–1044 Malaysia Polyethylene Retail Carrier Bags (3rd Review) ...... Mary Kolberg, (202) 482–1785. A–523–810 .... 731–TA–1273 Oman ..... Polyethylene Terephthalate Resin (1st Review) ...... Thomas Martin, (202) 482–3936. A–583–843 .... 731–TA–1157 Taiwan ... Polyethylene Retail Carrier Bags (2nd Review) ...... Mary Kolberg, (202) 482–1785. A–549–821 .... 731–TA–1045 Thailand Polyethylene Retail Carrier Bags (3rd Review) ...... Mary Kolberg, (202) 482–1785. A–552–806 .... 731–TA–1158 Vietnam .. Polyethylene Retail Carrier Bags (2nd Review) ...... Mary Kolberg, (202) 482–1785. C–570–025 .... 701–TA–531 China ..... Polyethylene Terephthalate Resin (1st Review) ...... Jacqueline Arrowsmith, (202) 482–5255. C–533–862 .... 701–TA–532 India ...... Polyethylene Terephthalate Resin (1st Review) ...... Jacqueline Arrowsmith, (202) 482–5255. C–552–805 .... 701–TA–462 Vietnam .. Polyethylene Retail Carrier Bags (2nd Review) ...... Jacqueline Arrowsmith, (202) 482–5255. Filing Information Antidumping and Countervailing Duty Letters of Appearance and As a courtesy, we are making Centralized Electronic Service System Administrative Protective Orders information related to sunset (ACCESS), can be found at 19 CFR Pursuant to 19 CFR 351.103(d), proceedings, including copies of the 351.303. Commerce will maintain and make pertinent statute and Commerce’s In accordance with section 782(b) of available a public service list for these regulations, Commerce’s schedule for the Act, any party submitting factual proceedings. Parties wishing to Sunset Reviews, a listing of past information in an AD/CVD proceeding participate in any of these five-year revocations and continuations, and must certify to the accuracy and reviews must file letters of appearance current service lists, available to the completeness of that information. as discussed at 19 CFR 351.103(d). To public on Commerce’s website at the Parties must use the certification facilitate the timely preparation of the following address: https:// formats provided in 19 CFR 351.303(g). public service list, it is requested that enforcement.trade.gov/sunset/. All those seeking recognition as interested Commerce intends to reject factual submissions in these Sunset Reviews parties to a proceeding submit an entry must be filed in accordance with submissions if the submitting party does of appearance within 10 days of the Commerce’s regulations regarding not comply with applicable revised publication of the Notice of Initiation. format, translation, and service of certification requirements. Because deadlines in Sunset Reviews documents. These rules, including can be very short, we urge interested electronic filing requirements via parties who want access to proprietary Enforcement and Compliance’s information under administrative VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16702 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices protective order (APO) to file an APO Dated: March 18, 2021. submission of expressions of interest to application immediately following James Maeder, April 15, 2021. All other information in publication in the Federal Register of Deputy Assistant Secretary for Antidumping the March 4, 2021 notice remains this notice of initiation. Commerce’s and Countervailing Duty Operations. unchanged. regulations on submission of proprietary [FR Doc. 2021–06645 Filed 3–30–21; 8:45 am] Dated: March 25, 2021. information and eligibility to receive BILLING CODE 3510–DS–P Kathy Smith, access to business proprietary Chief Counsel, National Telecommunications information under APO can be found at and Information Administration. 19 CFR 351.304–306. Note that DEPARTMENT OF COMMERCE [FR Doc. 2021–06552 Filed 3–30–21; 8:45 am] Commerce has temporarily modified certain of its requirements for serving National Telecommunications and BILLING CODE 3510–WL–P documents containing business Information Administration proprietary information, until further DEPARTMENT OF COMMERCE 1 Recruitment of First Responder notice. Network Authority Board Members Information Required from Interested Patent and Trademark Office AGENCY: National Telecommunications Parties and Information Administration, U.S. Agency Information Collection Domestic interested parties, as Department of Commerce. Activities; Submission to the Office of defined in sections 771(9)(C), (D), (E), ACTION: Notice; extension of application Management and Budget (OMB) for (F), and (G) of the Act and 19 CFR window. Review and Approval; Comment 351.102(b), wishing to participate in a Request; National Medal of Sunset Review must respond not later SUMMARY: On March 4, 2021, the Technology and Innovation than 15 days after the date of National Telecommunications and Nomination Application publication in the Federal Register of Information Administration (NTIA) this notice of initiation by filing a notice published a notice seeking expressions The United States Patent and of intent to participate. The required of interest in an appointment to the Trademark Office (USPTO) will submit contents of the notice of intent to Board of the First Responder Network the following information collection participate are set forth at 19 CFR Authority (FirstNet Authority). The request to the Office of Management and 351.218(d)(1)(ii). In accordance with notice established a deadline of April 5, Budget (OMB) for review and clearance Commerce’s regulations, if we do not 2021, for the transmittal of expressions in accordance with the Paperwork receive a notice of intent to participate of interest. This notice extends the Reduction Act of 1995, on or after the from at least one domestic interested period for submission of expressions of date of publication of this notice. The party by the 15-day deadline, Commerce interest until April 15, 2021. USPTO invites comment on this will automatically revoke the order DATES: Expressions of interest must be information collection renewal, which without further review.2 postmarked or electronically helps the USPTO assess the impact of If we receive an order-specific notice transmitted on or before April 15, 2021. its information collection requirements and minimize the public’s reporting of intent to participate from a domestic ADDRESSES: Applicants should submit interested party, Commerce’s expressions of interest to: Michael burden. Public comments were regulations provide that all parties Dame, Acting Associate Administrator, previously requested via the Federal wishing to participate in a Sunset Office of Public Safety Communications, Register on January 15, 2021 during a Review must file complete substantive National Telecommunications and 60-day comment period. This notice responses not later than 30 days after Information Administration, by email to allows for an additional 30 days for the date of publication in the Federal [email protected]. public comments. Agency: United States Patent and Register of this notice of initiation. The FOR FURTHER INFORMATION CONTACT: required contents of a substantive Trademark Office, Department of Michael Dame, Acting Associate Commerce. response, on an order-specific basis, are Administrator, Office of Public Safety set forth at 19 CFR 351.218(d)(3). Note Title: National Medal of Technology Communications, National and Innovation Nomination that certain information requirements Telecommunications and Information differ for respondent and domestic Application. Administration, U.S. Department of OMB Control Number: 0651–0060. parties. Also, note that Commerce’s Commerce, 1401 Constitution Avenue Form Number: information requirements are distinct NW, Room 4078, Washington, DC • PTO–NMTI–1 (National Medal of from the ITC’s information 20230; telephone: (202) 482–1181; Technology and Innovation requirements. Consult Commerce’s email: [email protected]. Please direct Nomination Form) regulations for information regarding media inquiries to NTIA’s Office of Commerce’s conduct of Sunset Reviews. Type of Review: Extension and Public Affairs, (202) 482–7002. revision of a currently approved Consult Commerce’s regulations at 19 SUPPLEMENTARY INFORMATION: On March CFR part 351 for definitions of terms information collection. 4, 2021, NTIA published a notice Estimated Number of Respondents: 50 and for other general information seeking expressions of interest in an concerning antidumping and respondents per year. appointment to the FirstNet Authority Average Hour per Response: The countervailing duty proceedings at Board. See Notice, Recruitment of First USPTO estimates that it will take the Commerce. Responder Network Authority Board public approximately 40 hours to This notice of initiation is being Members, 86 FR 12659 (Mar. 4, 2021). complete a response, gather the published in accordance with section The notice established a deadline of necessary information, prepare the 751(c) of the Act and 19 CFR 351.218(c). April 5, 2021, for the transmittal of nomination form with the expressions of interest. To ensure that recommendations, and submit the 1 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 41363 (July all interested parties have an request for nomination to the USPTO. 10, 2020). opportunity to submit expressions of Estimated Total Annual Respondent 2 See 19 CFR 351.218(d)(1)(iii). interest, NTIA extends the deadline for Burden Hours: 2,000 hours. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16703 Estimated Total Annual Non-Hour DEPARTMENT OF COMMERCE Revocation of Power of Attorney with Cost Burden: $0. a New Power of Attorney and Change Patent and Trademark Office Needs and Uses: The purpose of the of Correspondence Address) • PTO/AIA/82A; PTO/AIA/82B; PTO/ National Medal of Technology and Agency Information Collection AIA/82C (Transmittal for Power of Innovation is to recognize those who Activities; Submission to the Office of Attorney To One Or More Registered have made lasting contributions to Management and Budget (OMB) for Practitioners/Power Of Attorney By America’s competitiveness, standard of Review and Approval; Comment Applicant) living, and quality of life through Request; Representative and Address • PTO/AIA/83; PTO/SB/83 (Request for technological innovation, and to Provisions Withdrawal as Attorney or Agent and recognize those who have made The United States Patent and Change of Correspondence Address) substantial contributions to strengthen • PTO/SB/124 (Request for Customer Trademark Office (USPTO) will submit the Nation’s technological workforce. By Number Data Change) the following information collection highlighting the national importance of • PTO/SB/125 (Request for Customer request to the Office of Management and technological innovation, the Medal Number) Budget (OMB) for review and clearance also seeks to inspire future generations • PTO–2248 (Request to Update a PCT in accordance with the Paperwork Application with a Customer Number) of Americans to prepare for and pursue Reduction Act of 1995, on or after the technical careers to keep America on the date of publication of this notice. The Type of Review: Extension and forefront of global technology and USPTO invites comment on this revision of a currently approved economic leadership. information collection renewal, which information collection. Estimated Number of Respondents: Affected Public: Individuals or helps the USPTO assess the impact of 184,743 respondents per year. Households. its information collection requirements Estimated Number of Responses: Frequency: On Occasion. and minimize the public’s reporting 226,573 responses per year. burden. Public comments were Average Hour per Response: The Respondent’s Obligation: Required to previously requested via the Federal Obtain or Retain Benefits. USPTO estimates that it takes the public Register on January 15, 2021 during a approximately between 0.05 hours (3 This information collection request 60-day comment period. This notice minutes) and 1.5 hours (90 minutes) to may be viewed at www.reginfo.gov. allows for an additional 30 days for submit the information in this Follow the instructions to view public comments. information collection, including the Department of Commerce, USPTO Agency: United States Patent and time to gather the necessary information collections currently under Trademark Office, Department of information, prepare the appropriate review by OMB. Commerce. form or document, and submit the Title: Representative and Address Written comments and completed item to the USPTO. Provisions. Estimated Total Annual Respondent recommendations for this information OMB Control Number: 0651–0035. collection should be submitted within Burden Hours: 13,641 hours per year. Form Number(s): (AIA = American Estimated Total Annual Non-Hour 30 days of the publication of this notice Invents; SB = Specimen Book). Cost Burden: $26,241 per year. on the following website • PTO/AIA/80; PTO/SB/80 (Power of Needs and Uses: The public uses this www.reginfo.gov/public/do/PRAMain. Attorney to Prosecute Applications information collection to grant or revoke Find this particular information Before the USPTO) power of attorney, to withdraw as collection by selecting ‘‘Currently under • PTO/AIA/81 (Power of Attorney to attorney or agent of record, to authorize 30-day Review—Open for Public One or More of the Joint Inventors a practitioner to act in a representative Comments’’ or by using the search and Change of Correspondence capacity, to request a Customer Number, function and entering either the title of Address) and to change the data associated with the information collection or the OMB • PTO/SB/81 (Power of Attorney or a Customer Number. This information Control Number 0651–0060. Revocation of Power of Attorney with collection is necessary so that the Further information can be obtained a New Power of Attorney and Change USPTO knows who is authorized to take by: of Correspondence Address) action in an application, patent, or • PTO/AIA/81A; PTO/SB/81A • reexamination proceeding and where to Email: InformationCollection@ (Patent—Power of Attorney or send correspondence regarding an uspto.gov. Include ‘‘0651–0060 Revocation of Power of Attorney with application, patent, or reexamination information request’’ in the subject line a New Power of Attorney and Change proceeding. In this notice, the USPTO of the message. of Correspondence Address) has updated and slightly revised its • • Mail: Kimberly Hardy, Office of the PTO/AIA/81B (Reexamination or estimated numbers from those originally Chief Administrative Officer, United Supplemental Examination—Patent published in the 60-day notice. States Patent and Trademark Office, Owner Power of Attorney or Affected Public: Private Sector; P.O. Box 1450, Alexandria, VA 22313– Revocation of Power of Attorney With Individuals or Households. 1450. a New Power of Attorney and Change Frequency: On Occasion. of Correspondence Address for Respondent’s Obligation: Required to Kimberly Hardy, Reexamination or Supplemental Obtain or Retain Benefits. Information Collections Officer, Office of the Examination and Patent) This information collection request Chief Administrative Officer, United States • PTO/SB/81B (Reexamination—Patent may be viewed at www.reginfo.gov. Patent and Trademark Office. Owner Power of Attorney or Follow the instructions to view [FR Doc. 2021–06580 Filed 3–30–21; 8:45 am] Revocation of Power of Attorney with Department of Commerce, USPTO BILLING CODE 3510–16–P a New Power of Attorney and Change information collections currently under of Correspondence Address) review by OMB. • PTO/SB/81C (Reexamination—Third Written comments and Party Requester Power of Attorney or recommendations for this information VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16704 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices collection should be submitted within www.regulations.gov. The CPSC (NIEHS), the National Toxicology 30 days of the publication of this notice encourages you to submit electronic Program (NTP), and 13 federal agencies on the following website comments by using the Federal (including CPSC) joined to form the www.reginfo.gov/public/do/PRAMain. eRulemaking Portal, as described above. Interagency Coordinating Committee for Find this particular information Mail/hand delivery/courier Written the Validation of Alternative Methods collection by selecting ‘‘Currently under Submissions: Submit comments by (ICCVAM). ICCVAM sponsors scientific 30-day Review—Open for Public mail/hand delivery/courier to: Division review of non-animal tests (known as Comments’’ or by using the search of the Secretariat, Consumer Product New Approach Methodologies or function and entering either the title of Safety Commission, Room 820, 4330 NAMs) that may reduce, refine, or the information collection or the OMB East West Highway, Bethesda, MD replace animal tests in evaluating Control Number 0651–0035. 20814; telephone: (301) 504–7479; potential hazards. Reviews from Further information can be obtained email: [email protected]. ICCVAM and other federal agencies can by: Instructions: All submissions must provide a basis for regulatory agencies, • Email: InformationCollection@ include the agency name and docket such as CPSC, to consider non-animal uspto.gov. Include ‘‘0651–0035 number for this notice. CPSC may post testing alternatives for use in regulatory information request’’ in the subject line all comments received without change, decision making. In the past, CPSC staff of the message. including any personal identifiers, relied upon ICCVAM’s validation of • Mail: Kimberly Hardy, Office of the contact information, or other personal new alternative testing methods, as Chief Administrative Officer, United information provided, to: https:// reliable test methods to determine States Patent and Trademark Office, www.regulations.gov. Do not submit compliance with the labeling P.O. Box 1450, Alexandria, VA 22313– electronically: Confidential business requirements of the FHSA. However, 1450. information, trade secret information, or ICCVAM no longer formally validates other sensitive or protected information test methods. Kimberly Hardy, that you do not want to be available to In 2012, CPSC issued a policy on non- Information Collections Officer, Office of the the public. If you wish to submit such animal or alternative testing methods to Chief Administrative Officer, United States information, please submit it according support labeling requirements under the Patent and Trademark Office. to the instructions for written FHSA, as codified under 16 CFR [FR Doc. 2021–06578 Filed 3–30–21; 8:45 am] submissions. 1500.232 (Animal Testing Policy). BILLING CODE 3510–16–P Docket: For access to the docket to CPSC’s website lists current CPSC- read background documents or accepted alternative test methods and comments received, go to: https:// their conditions of use.1 Since 2012, CONSUMER PRODUCT SAFETY www.regulations.gov, and insert the new advancements in toxicological COMMISSION docket number, CPSC–2021–0006, into testing, and, in particular, with NAMs, [Docket No. CPSC–2021–0006] the ‘‘Search’’ box, and follow the have occurred. NAMs include in vitro prompts. The proposed guidance is (in test tube), in chemico (all chemical Title: Notice of Availability: Proposed available under ‘‘Supporting and test, no biological material), or in silico Guidance on Alternative Test Methods Related Material.’’ It is also available on (computer models) methods and and Integrated Testing Approaches the Commission’s website at: https:// approaches used to test for toxicological cpsc.gov/s3fs-public/NOA-Proposed- effects in place of animal testing. In AGENCY: U.S. Consumer Product Safety Guidance-on-Alternative-Test-Methods- some cases, NAMs are combined with Commission. and-Integrated-Testing-Approaches.pdf other NAMs or existing in vivo (animal) ACTION: Notice of availability. ?NDYVpNRIAMpOPJDPzlt770dvx data to form an ‘‘integrated approach to nvPJHh6 and from the Commission’s testing and assessment’’ (IATAs). SUMMARY: The Consumer Product Safety Division of the Secretariat. The Commission reaffirms its policy Commission (Commission or CPSC) is FOR FURTHER INFORMATION CONTACT: John to find alternatives to traditional animal announcing the availability of a Gordon, Toxicologist, Directorate for testing that replace animals, reduce the document titled, ‘‘Proposed Guidance Health Sciences, U.S. Consumer Product number of animals tested, and decrease for Industry and Test Method Safety Commission, 5 Research Place, the pain and suffering in animals Developers: CPSC Staff Evaluation of Rockville, MD 20850; telephone: 301– associated with testing household Alternative Test Methods and Integrated 987–2025; email: [email protected]. products. As such, the Commission Testing Approaches and Data Generated strongly encourages all agency from Such Methods to Support FHSA SUPPLEMENTARY INFORMATION: stakeholders to submit for evaluation by Labeling Requirements.’’ The A. Background CPSC staff any scientifically validated Commission requests comments on the alternative test methods that do not The Federal Hazardous Substances proposed guidance. require animal testing for determining Act (FHSA), 15 U.S.C. 1261–1275, DATES: compliance with the labeling Submit comments by June 14, requires that hazardous substances bear 2021. requirements under the FHSA. certain cautionary statements on their Because ICCVAM no longer formally ADDRESSES: You may submit comments, labels. Manufacturers may perform validates test methods, to assist identified by Docket No. CPSC–2021– toxicological tests to determine whether stakeholders, including the public, 0006, by any of the following methods: such products require cautionary manufacturers, test method developers, Electronic Submissions: Submit labeling addressing the hazard. and test laboratories, in determining electronic comments to the Federal Although animals are still used in what test methods are deemed reliable eRulemaking Portal at: https:// toxicological testing, most governmental for determining compliance with the www.regulations.gov. Follow the agencies support reduced use of animals labeling requirements under the FHSA, instructions for submitting comments. in testing, by promoting the acceptance The CPSC does not accept comments of data from alternative test methods. 1 https://www.cpsc.gov/Business-Manufacturing/ submitted by electronic mail (email), In 1997, the National Institute of Testing-Certification/Recommended-Procedures- except through https:// Environmental Health Sciences Regarding-the-CPSCs-Policy-on-Animal-Testing/. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16705 CPSC staff drafted proposed guidance found in the ADDRESSES section of this • Propose ways to enhance the clarifying staff’s informational notice. quality, utility, and clarity of the requirements and process for evaluating information to be collected; and NAMs and IATAs. As described in the Alberta E. Mills, • Propose ways to minimize the proposed guidance, the types of Secretary, Consumer Product Safety burden of the collection of information information CPSC staff would use to Commission. on those who are to respond, including evaluate NAMs or IATAs submitted to [FR Doc. 2021–06567 Filed 3–30–21; 8:45 am] through the use of appropriate CPSC would include (but not be limited BILLING CODE 6355–01–P automated, electronic, mechanical, or to): Concordance and reproducibility other technological collection data; false positive and false negative techniques or other forms of information rates; applicability domain; test CORPORATION FOR NATIONAL AND technology. endpoint; validation studies; or any COMMUNITY SERVICE other pertinent information needed to Comments make a determination. The proposed Agency Information Collection A 60-day Notice requesting public guidance also includes an optional Activities; Submission to the Office of comment was published in the Federal NAM nomination form, which can be Management and Budget for Review Register on November 30, 2020 at Vol. used to organize information about a and Approval; Comment Request; 85, No. 230, Page 76542. This comment NAM or IATA for CPSC staff evaluation. Application Package for AmeriCorps period ended January 29, 2021. Zero Such non-animal alternative test VISTA Application and Reporting public comments were received from methods, if accepted by CPSC, would be Forms this Notice. considered reliable test methods for AGENCY: Corporation for National and Title of Collection: Application determining compliance with the Community Service. Package for AmeriCorps VISTA labeling requirements under the FHSA. Application and Reporting Forms. ACTION: Notice of information collection; Additionally, CPSC would continue to OMB Control Number: 3045–0038. request for comment. list CPSC-accepted alternative test Type of Review: Renewal. methods on CPSC’s website. SUMMARY: The Corporation for National Respondents/Affected Public: The proposed guidance is not a rule and Community Service (operating as Organizations and State, Local or Tribal and does not establish legal AmeriCorps) has submitted a public Governments. requirements. The proposed guidance is information collection request (ICR) Total Estimated Number of Annual intended to inform stakeholders about entitled Application Package for Responses: 850. what information CPSC staff uses to AmeriCorps VISTA Application and Total Estimated Number of Annual evaluate NAMs or IATAs for FHSA Reporting Forms for review and Burden Hours: 20,450. Abstract: AmeriCorps is revising its labeling determinations. The proposed approval in accordance with the VISTA application and reporting forms guidance also informs stakeholders of Paperwork Reduction Act. to remove duplicative questions, CPSC staff’s process for evaluating that DATES: Written comments must be improve readability, and reflect changes information. Depending on the submitted to the individual and office complexity of specific NAMs or IATAs, in reporting requirements, including a listed in the ADDRESSES section by April reduction in frequency of programmatic the information discussed in the 30, 2021. guidance may or may not apply; and in reporting. ADDRESSES: Written comments and some instances, staff may need Dated: March 25, 2021. additional information not specifically recommendations for the proposed information collection should be sent Margery Ansara, described in the guidance document to Director, AmeriCorps VISTA. make an evaluation. The proposed within 30 days of publication of this guidance is available at: https:// notice to www.reginfo.gov/public/do/ [FR Doc. 2021–06574 Filed 3–30–21; 8:45 am] www.regulations.gov under docket PRAMain. Find this particular BILLING CODE 6050–28–P number, CPSC–2021–0006, under information collection by selecting ‘‘Supporting and Related Material’’, on ‘‘Currently under 30-day Review—Open the Commission’s website at: https:// for Public Comments’’ or by using the DEPARTMENT OF DEFENSE cpsc.gov/s3fs-public/NOA-Proposed- search function. Defense Acquisition Regulations Guidance-on-Alternative-Test-Methods- FOR FURTHER INFORMATION CONTACT: System and-Integrated-Testing-Approaches.pdf Copies of this ICR, with applicable supporting documentation, may be ?NDYVpNRIAMpOPJDP Negotiation of a Renewal of the obtained by calling AmeriCorps, Kelly zlt770dvxnvPJHh6, and from the CPSC’s Reciprocal Defense Procurement Daly at 202–606–6849 or by email to Division of the Secretariat, as provided Memorandum of Understanding with [email protected]. in the ADDRESSES section of this notice. the Ministry of Defense of Japan SUPPLEMENTARY INFORMATION: The OMB B. Request for Comments is particularly interested in comments AGENCY: Defense Acquisition The Commission invites comments on which: Regulations System, Department of the ‘‘Proposed Guidance for Industry • Evaluate whether the proposed Defense (DoD). and Test Method Developers: CPSC Staff collection of information is necessary ACTION: Request for public comments. Evaluation of Alternative Test Methods for the proper performance of the and Integrated Testing Approaches and functions of CNCS, including whether SUMMARY: On behalf of the U.S. Data Generated from Such Methods to the information will have practical Government, DoD is contemplating a Support FHSA Labeling Requirements.’’ utility; renewal of Reciprocal Defense The CPSC will consider all timely • Evaluate the accuracy of the Procurement Memorandum of comments before finalizing the agency’s estimate of the burden of the Understanding with the Ministry of guidance. Comments should be proposed collection of information, Defense of Japan. DoD is requesting submitted by June 14, 2021. Information including the validity of the industry feedback regarding its on how to submit comments can be methodology and assumptions; experience in public defense VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16706 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices procurements conducted by or on behalf 10 U.S.C. 2533b(a)(1) do not apply to SUMMARY: The Defense Acquisition of the Japanese Ministry of Defense or products manufactured in a qualifying Regulations System has submitted to Armed Forces. country. OMB for clearance, the following • DATES: Comments must be received by Customs, taxes, and duties are proposal for collection of information April 30, 2021. waived for qualifying country end under the provisions of the Paperwork ADDRESSES: Submit comments to products and components of defense Reduction Act. Defense Pricing and Contracting, Attn: procurements. DATES: Consideration will be given to all If DoD (for the U.S. Government) Mr. Gregory D. Snyder, 3060 Defense comments received by April 30, 2021. renews an RDP MOU with the Ministry Pentagon, Room 3B938, Washington, DC SUPPLEMENTARY INFORMATION: of Defense of Japan, then Japan would 20301–3060; or by email to Title and OMB Number: Defense continue to be listed as one of the [email protected]. Federal Acquisition Regulation ‘‘qualifying countries’’ in the definition Supplement (DFARS), Assessing FOR FURTHER INFORMATION CONTACT: Mr. of ‘‘qualifying country’’ at Defense Contractor Implementation of Gregory D. Snyder, telephone 703–614– Federal Acquisition Regulation Cybersecurity Requirements; OMB 0719. Supplement (DFARS) 225.003, and Control Number 0750–0004. SUPPLEMENTARY INFORMATION: DoD has offers of products of Japan, or that concluded a Reciprocal Defense Type of Request: Extension of a contain components from Japan, would currently approved collection. Procurement Memorandum of continue to be afforded the benefits Understanding (RDP MOU) with each of Affected Public: Businesses or other available to all qualifying countries. for-profit and not-for-profit institutions. the 27 ‘‘qualifying’’ countries at the This also means that U.S. products level of the Secretary of Defense and his Obligation to Respond: Required to would continue to be exempt from any obtain or retain benefits. counterpart. The purpose of an RDP analogous ‘‘Buy Japan’’ laws or policies MOU is to promote rationalization, DoD estimates the annual public applicable to procurements by the Japan reporting burden for the information standardization, and interoperability of Ministry of Defense or Armed Forces. conventional defense equipment with collection as follows: While DoD is evaluating Japan’s laws Reporting Frequency: On occasion. allies and other friendly governments. and regulations in this area, DoD would These RDP MOUs provide a framework benefit from U.S. industry’s experience a. Basic Assessment for ongoing communication regarding in participating in Japan’s public Respondents: 13,068. market access and procurement matters defense procurements. DoD is, therefore, Responses per respondent: 1. that enhance effective defense asking U.S. firms that have participated Annual responses: 13,068. cooperation. or attempted to participate in Hours per Response: 0.75. RDP MOUs generally include procurements by or on behalf of Japan’s Annual Burden Hours: 9,801. language by which the Parties agree that Ministry of Defense or Armed Forces to their defense procurements will be let us know if the procurements were b. Medium Assessment conducted in accordance with certain conducted with transparency, integrity, Respondents: 200. implementing procedures. These fairness, and due process in accordance Responses per respondent: 1. procedures relate to— with published procedures, and if not, Annual responses: 200. • Publication of notices of proposed the nature of the problems encountered. Hours per Response: 8. purchases; DoD is also interested in comments Annual Burden Hours: 1,600. • The content and availability of relating to the degree of reciprocity that solicitations for proposed purchases; exists between the United States and c. High Assessment • Notification to each unsuccessful Japan when it comes to the openness of Respondents: 110. offeror; defense procurements to offers of Responses per respondent: 1. • Feedback, upon request, to products from the other country. Annual responses: 110. unsuccessful offerors concerning the Hours per Response: 420. reasons they were not allowed to Jennifer D. Johnson, Annual Burden Hours: 46,200. participate in a procurement or were not Regulatory Control Officer, Defense awarded a contract; and Acquisition Regulations System. d. Total Public Burden (All Entities) • Provision for the hearing and [FR Doc. 2021–06591 Filed 3–30–21; 8:45 am] Respondents: 13,068. review of complaints arising in BILLING CODE 5001–06–P Total annual responses: 13,378. connection with any phase of the Total burden hours: 57,601. procurement process to ensure that, to the extent possible, complaints are DEPARTMENT OF DEFENSE e. Total Public Burden (Small Entities) equitably and expeditiously resolved. Respondents: 8,823. Based on the RDP MOU, each country Defense Acquisition Regulations Total annual responses: 9,023. affords the other country certain System Total burden hours: 41,821. benefits on a reciprocal basis consistent [Docket Number DARS–2020–0038; OMB Needs and Uses: The collection of with national laws and regulations. The Control Number 0750–0004] information is necessary for DoD to benefits that the United States accords immediately begin assessing where to the products of qualifying countries Information Collection Requirement; vulnerabilities in its supply chain exist include the following: Defense Federal Acquisition and take steps to correct such • Offers of qualifying country end Regulation Supplement (DFARS); deficiencies. In addition, the collection products are evaluated without applying Assessing Contractor Implementation of information is necessary to ensure the price differentials otherwise of Cybersecurity Requirements Defense Industrial Base (DIB) required by the Buy American statute AGENCY: Defense Acquisition contractors that have not fully and the Balance of Payments Program. implemented the NIST SP 800–171 • Regulations System, Department of The chemical warfare protection Defense (DoD). security requirements pursuant to clothing restrictions in 10 U.S.C. 2533a DFARS clause 252.204–7012, ACTION: Notice. and the specialty metals restriction in Safeguarding Covered Defense VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16707 Information and Cyber Incident warranted based on the criticality of the under the provisions of the Paperwork Reporting, begin correcting these program(s)/technology(ies) associated Reduction Act. deficiencies immediately. with the contracted effort(s). For DATES: Consideration will be given to all This collection of information is example, a Medium Assessment may be comments received by April 30, 2021. implemented in the DFARS through the initiated by a Program Office that has SUPPLEMENTARY INFORMATION: provision at 252.204–7019, Notice of determined that the risk associated with Title and OMB Number: Defense NIST SP 800–171 DoD Assessment their programs warrants going beyond Federal Acquisition Regulation Requirement, and the clause at 252.204– the Basic self-assessment. The results of Supplement (DFARS), Independent 7020, NIST SP 800–171 DoD that Medium Assessment may satisfy Research and Development Technical Assessment Requirements. This the Program Office, or may indicate the Descriptions; OMB Control Number information collection covers the need for a High assessment. DoD will 0704–0483. following requirements: provide Medium and High Assessment • Type of Request: Revision and DFARS provision 252.204–7019, summary level scores to the contractor extension of a currently approved Notice of NIST SP 800–171 DoD and offer the opportunity for rebuttal collection. Assessment Requirement, is prescribed and adjudication of assessment Affected Public: Businesses or other for use in all solicitations, including summary level scores prior to posting for-profit and not-for-profit institutions. solicitations using FAR part 12 the summary level scores to SPRS. The Obligation to Respond: Required to procedures for the acquisition of requirements of this clause flow down obtain or retain benefits. commercial items, except for to subcontractors. Reporting Frequency: On occasion. solicitations solely for the acquisition of Comments and recommendations on Number of Respondents: 69. commercially available off-the-shelf the proposed information collection Responses per Respondent: 90.49, (COTS) items. Per the provision, if an should be sent to Ms. Susan Minson, approximately. offeror is required to have implemented DoD Desk Officer, at Oira_submission@ Annual Responses: 6,244. NIST SP 800–171 per DFARS clause omb.eop.gov. Please identify the Average Burden per Response: 0.5 252.204–7012, then the offeror shall proposed information collection by DoD hour. have a current assessment posted in the Desk Officer and the Docket ID number Annual Burden Hours: 3,122. Supplier Performance Risk System and title of the information collection. Needs and Uses: DFARS 231.205–18 (SPRS) for each covered contractor You may also submit comments, requires contractors to report information system that is relevant to identified by docket number and title, independent research and development the offer, contract, task order, or by the following method: Federal (IR&D) projects to the Defense Technical delivery order in order to be considered eRulemaking Portal: https:// Information Center (DTIC) using DTIC’s for award. If the offeror does not have www.regulations.gov. Follow the online IR&D database. The inputs must summary level scores of a current NIST instructions for submitting comments. be updated at least annually and when SP 800–171 DoD Assessment (i.e., not DoD Clearance Officer: Ms. Angela the project is completed. The data more than 3 years old, unless a lesser James. Requests for copies of the provide in-process information on IR&D time is specified in the solicitation) information collection proposal should projects for which DoD reimburses the posted in SPRS, the offeror may conduct be sent to Ms. James at whs.mc- contractor as an allowable indirect and submit a Basic Assessment for alex.esd.mbx.dd-dod-information- expense. In addition to improving the posting in SPRS. Department’s ability to determine • [email protected]. DFARS clause 252.204–7020, NIST whether contractor IR&D costs are SP 800–171 DoD Assessment Jennifer D. Johnson, allowable, the data provide visibility Requirements, is prescribed for use in in Regulatory Control Officer, Defense into the technical content of industry all solicitations and contracts, including Acquisition Regulations System. IR&D activities to meet DoD needs. solicitations and contracts using FAR [FR Doc. 2021–06571 Filed 3–30–21; 8:45 am] Comments and recommendations on part 12 procedures for the acquisition of BILLING CODE 6820–ep–P the proposed information collection commercial items, except for should be sent to Ms. Susan Minson, solicitations and contracts solely for the DoD Desk Officer, at Oira_submission@ acquisition of COTS items. The clause DEPARTMENT OF DEFENSE omb.eop.gov. Please identify the requires the contractor to provide the proposed information collection by DoD Government access to its facilities, Defense Acquisition Regulations Desk Officer and the Docket ID number systems, and personnel in order to System and title of the information collection. conduct a Medium or High Assessment, You may also submit comments, if necessary. For Basic Assessments, the [Docket Number DARS–2021–0003; OMB Control Number 0704–0483] identified by docket number and title, contractor may submit summary level by the following method: Federal scores for posting to SPRS. Medium Information Collection Requirement; eRulemaking Portal: https:// Assessments are assumed to be Defense Federal Acquisition www.regulations.gov. Follow the conducted by DoD Components, Regulation Supplement (DFARS); instructions for submitting comments. primarily by Program Management Independent Research and DoD Clearance Officer: Ms. Angela Office cybersecurity personnel, in Development Technical Descriptions James. Requests for copies of the coordination with the Defense Contract information collection proposal should Management Agency (DCMA) Defense AGENCY: Defense Acquisition be sent to Ms. James at whs.mc- Industrial Base Cybersecurity Regulations System, Department of alex.esd.mbx.dd-dod-information- Assessment Center (DIBCAC), as part of Defense (DoD). [email protected]. a separately scheduled visit (e.g., for a ACTION: Notice. Critical Design Review). High Jennifer D. Johnson, Assessments will be conducted by, or in SUMMARY: The Defense Acquisition Regulatory Control Officer, Defense conjunction with, the DCMA DIBCAC. Regulations System has submitted to Acquisition Regulations System. The Department may choose to conduct OMB for clearance, the following [FR Doc. 2021–06570 Filed 3–30–21; 8:45 am] a Medium or High Assessment when proposal for collection of information BILLING CODE 6820–ep–P VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4703 Sfmt 9990 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16708 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION CONTACT: Ms. DEPARTMENT OF DEFENSE Heather Kitchens, 571–372–6104. Defense Acquisition Regulations Defense Acquisition Regulations System SUPPLEMENTARY INFORMATION: System Title and OMB Number: Defense [Docket Number DARS–2021–0007; OMB Federal Acquisition Regulation [Docket Number DARS–2021–0008; OMB Control Number 0704–0479] Control Number 0704–0255] Supplement (DFARS) Part 234 and Information Collection Requirement; related clause at 252.234–7002, Earned Information Collection Requirement; Defense Federal Acquisition Value Management System; OMB Defense Federal Acquisition Regulation Supplement (DFARS) Part Control Number 0704–0479. Regulation Supplement; Construction 234 and Related Clause, Earned Value Type of Request: Extension of a and Architect-Engineer Contracts Management System currently approved collection. AGENCY: Defense Acquisition AGENCY: Defense Acquisition Affected Public: Businesses and other Regulations System, Department of Regulations System, Department of for-profit entities. Defense (DoD). Defense (DoD). Respondent’s Obligation: Required to ACTION: Notice and request for ACTION: Notice and request for obtain or retain benefits. comments regarding a proposed comments regarding a proposed Reporting Frequency: On occasion. extension of an approved information extension of an approved information collection requirement. collection requirement. Number of Respondents: 10. Responses per Respondent: 1. SUMMARY: In compliance with the SUMMARY: In compliance with the Paperwork Reduction Act of 1995, DoD Paperwork Reduction Act of 1995, DoD Annual Responses: 10. announces the proposed extension of a announces the proposed extension of a Average Burden per Response: 676 public information collection public information collection hours. requirement, and seeks public comment requirement and seeks public comment Annual Response Burden Hours: on the provisions thereof. DoD invites on the provisions thereof. DoD invites 6,760. comments on: Whether the proposed comments on: Whether the proposed collection of information is necessary collection of information is necessary Needs and Uses: DFARS clause for the proper performance of the for the proper performance of the 252.242–7005, Contractor Business functions of DoD, including whether the functions of DoD, including whether the Systems, requires contractors to respond information will have practical utility; information will have practical utility; to written determinations of significant the accuracy of the estimate of the the accuracy of the estimate of the deficiencies in the contractor’s business burden of the proposed information burden of the proposed information systems as defined in the clause. The collection; ways to enhance the quality, collection; ways to enhance the quality, information contractors are required to utility, and clarity of the information to utility, and clarity of the information to submit in response to findings of be collected; and ways to minimize the be collected; and ways to minimize the significant deficiencies in their burden of the information collection on burden of the information collection on accounting system, estimating system, respondents, including the use of respondents, including the use of material management and accounting automated collection techniques or automated collection techniques or system, and purchasing system has other forms of information technology. other forms of information technology. previously been approved by the Office The Office of Management and Budget The Office of Management and Budget of Management and Budget. This (OMB) has approved this information (OMB) has approved this information request specifically addresses collection requirement for use through collection requirement for use through information required by DFARS clause July 21, 2021. DoD proposes that OMB July 31, 2021. DoD proposes that OMB 252.234–7002, Earned Value extend its approval for an additional extend its approval for three additional Management System, which requires three years. years. contractors to respond in writing to DATES: DoD will consider all comments DATES: DoD will consider all comments initial and final determinations of received by June 1, 2021. received by June 1, 2021. significant deficiencies in the ADDRESSES: You may submit comments, ADDRESSES: You may submit comments, contractor’s earned value management identified by OMB Control Number identified by OMB Control Number system. The requirements apply to 0704–0255, using any of the following 0704–0479, using any of the following entities that are contractually required methods: Æ methods: to maintain an earned value Federal eRulemaking Portal: Æ Federal eRulemaking Portal: management system. DoD needs this https://www.regulations.gov. Follow the https://www.regulations.gov. Follow the information to document actions to instructions for submitting comments. instructions for submitting comments. Æ Email: [email protected]. Include Æ correct significant deficiencies in Email: [email protected]. Include contractor business systems. DoD OMB Control Number 0704–0255 in the OMB Control Number 0704–0479 in the subject line of the message. contracting officers use the information subject line of the message. Æ Fax: 571–372–6094. to mitigate the risk of unallowable and Æ Mail: Defense Acquisition Æ Mail: Defense Acquisition unreasonable costs being charged on Regulations System, Attn: Ms. Heather Regulations System, Attn: Ms. Barbara J. Kitchens, OUSD(A&S)DPC(DARS), 3060 government contracts. Trujillo, OUSD(A&S)DPC/DARS, 3060 Defense Pentagon, Room 3B938, Jennifer D. Johnson, Defense Pentagon, Room 3B938, Washington, DC 20301–3060. Regulatory Control Officer, Defense Washington, DC 20301–3060. Comments received generally will be Acquisition Regulations System. Comments received generally will be posted without change to https:// [FR Doc. 2021–06569 Filed 3–30–21; 8:45 am] posted without change to https:// www.regulations.gov, including any www.regulations.gov, including any personal information provided. BILLING CODE 6820–ep–P personal information provided. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16709 FOR FURTHER INFORMATION CONTACT: Ms. Preparatory Work, requires the ACTION: Notice of revised per diem rates Barbara J. Trujillo, 571–372–6102. contractor to provide supporting in non-foreign areas outside the SUPPLEMENTARY INFORMATION: documentation when submitting Continental U.S. Title and OMB Number: Defense requests for payment for mobilization Federal Acquisition Regulation and preparatory work. SUMMARY: Defense Human Resources Supplement (DFARS) Part 236, (3) The clause at DFARS 252.236– Activity publishes this Civilian Construction and Architect-Engineer 7004, Payment for Mobilization and Personnel Per Diem Bulletin Number Contracts, and related clauses at DFARS Demobilization, permits the contracting 316. Bulletin Number 316 lists current 252.236; OMB Control Number 0704– officer to require the contractor to per diem rates prescribed for 0255. furnish cost data justifying the reimbursement of subsistence expenses Type of Request: Revision and percentage of the cost split between while on official Government travel to extension of a currently approved mobilization and demobilization, if the Alaska, Hawaii, the Commonwealth of collection. contracting officer believes that the Affected Public: Businesses and other Puerto Rico, and the possessions of the proposed percentages do not bear a United States. The Fiscal Year (FY) 2021 for-profit entities. reasonable relation to the cost of the Respondent’s Obligation: Required to lodging rate review resulted in lodging work. obtain or retain benefits. rate changes in certain locations. DFARS 236.570(c) prescribes use of Number of Respondents: 1,691. DATES: The updated rates take effect Responses per Respondent: 5. the following provisions in solicitations April 1, 2021. Annual Responses: 8,554. for military construction contracts that Average Burden per Response: 12. are funded with military construction FOR FURTHER INFORMATION CONTACT: Ms. Annual Burden Hours: 96,782. appropriations and are estimated to Shelly L. Greendyk, 571–372–1249. Reporting Frequency: On occasion. exceed $1,000,000: SUPPLEMENTARY INFORMATION: Needs and Uses: DoD contracting (1) The provision at DFARS 252.236– This officers need this information to 7010, Overseas Military Construction— document notifies the public of evaluate contractor proposals for Preference for United States Firms, revisions in per diem rates prescribed contract modifications; to determine when contract performance will be in a by the Per Diem, Travel and that a contractor has removed United States outlying area in the Transportation Allowance Committee obstructions to navigation; to review Pacific or in a country bordering the for travel to non-foreign areas outside contractor requests for payment for Arabian Gulf, requires an offeror to the continental United States. The FY mobilization and preparatory work; to specify whether or not it is a United 2021 lodging rate review for Guam, determine reasonableness of costs States firm. Northern Mariana Islands, and the U.S. allocated to mobilization and Virgin Islands resulted in lodging rate demobilization; and to determine (2) The provision at DFARS 252.236– 7012, Military Construction on changes in certain locations. Bulletin eligibility for the 20 percent evaluation Number 316 is published in the Federal preference for United States firms in the Kwajalein Atoll—Evaluation Preference, when contract performance will be on Register to ensure that Government award of some overseas construction travelers outside the Department of contracts. Kwajalein Atoll, requires an offeror to specify whether it is a United States Defense are notified of revisions to the DFARS 236.570(a) prescribes use of current reimbursement rates. the clause at DFARS 252.236–7000, firm, or on Kwajalein Atoll, status as a Modification Proposals—Price Marshallese firm. If you believe the lodging, meal or incidental allowance rate for a locality Breakdown, in all fixed-price Jennifer D. Johnson, construction solicitations and contracts. listed in the following table is Regulatory Control Officer, Defense insufficient, you may request a rate The clause requires the contractor to Acquisition Regulations System. submit a price breakdown with any review for that location. For more [FR Doc. 2021–06568 Filed 3–30–21; 8:45 am] proposal for a contract modification. information about how to request a DFARS 236.570(b) prescribes use of BILLING CODE 6820–ep–P review, please see the Defense Travel the following clauses in fixed-price Management Office’s Per Diem Rate construction contracts and solicitations DEPARTMENT OF DEFENSE Review Frequently Asked Questions as applicable: (FAQ) page at https:// (1) The clause at DFARS 252.236– Office of the Secretary www.defensetravel.dod.mil/site/ 7002, Obstruction of Navigable faqraterev.cfm. Waterways, requires the contractor to Revised Non-Foreign Overseas Per Dated: March 26, 2021. notify the contracting officer of Diem Rates obstructions in navigable waterways. Aaron T. Siegel, (2) The clause at DFARS 252.236– AGENCY: Defense Human Resources Alternate OSD Federal Register Liaison 7003, Payment for Mobilization and Activity, Department of Defense (DoD). Officer, Department of Defense. State or territory Locality Season start Season end Lodging M&IE Total per diem Effective date ALASKA ...... [OTHER] ...... 01/01 12/31 175 113 288 10/01/2020 ALASKA ...... ADAK ...... 01/01 12/31 175 117 292 10/01/2020 ALASKA ...... ANCHORAGE [INCL NAV RES] ...... 01/01 12/31 229 125 354 10/01/2020 ALASKA ...... BARROW ...... 05/15 09/14 326 129 455 10/01/2020 ALASKA ...... BARROW ...... 09/15 05/14 252 129 381 10/01/2020 ALASKA ...... BARTER ISLAND LRRS ...... 01/01 12/31 175 113 288 10/01/2020 ALASKA ...... BETHEL ...... 01/01 12/31 219 101 320 10/01/2020 ALASKA ...... BETTLES ...... 01/01 12/31 175 113 * 288 10/01/2020 ALASKA ...... CAPE LISBURNE LRRS ...... 01/01 12/31 175 113 288 10/01/2020 ALASKA ...... CAPE NEWENHAM LRRS ...... 01/01 12/31 175 113 288 10/01/2020 ALASKA ...... CAPE ROMANZOF LRRS ...... 01/01 12/31 175 113 288 10/01/2020 ALASKA ...... CLEAR AB ...... 01/01 12/31 175 113 288 10/01/2020 ALASKA ...... COLD BAY ...... 01/01 12/31 175 113 288 10/01/2020 VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16710 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices State or territory Locality Season start Season end Lodging M&IE Total per diem Effective date ALASKA ...... COLD BAY LRRS ...... 01/01 12/31 175 113 288 10/01/2020 ALASKA ...... COLDFOOT ...... 01/01 12/31 219 93 312 10/01/2020 ALASKA ...... COPPER CENTER ...... 01/01 12/31 175 115 290 10/01/2020 ALASKA ...... CORDOVA ...... 03/01 10/31 175 106 281 10/01/2020 ALASKA ...... CORDOVA ...... 11/01 02/28 150 106 256 10/01/2020 ALASKA ...... CRAIG ...... 05/01 09/30 139 94 233 10/01/2020 ALASKA ...... CRAIG ...... 10/01 04/30 109 94 203 10/01/2020 ALASKA ...... DEADHORSE ...... 01/01 12/31 120 113 * 233 10/01/2020 ALASKA ...... DELTA JUNCTION ...... 01/01 12/31 175 101 276 10/01/2020 ALASKA ...... DENALI NATIONAL PARK ...... 06/01 09/30 164 98 258 10/01/2020 ALASKA ...... DENALI NATIONAL PARK ...... 10/01 05/31 114 98 188 10/01/2020 ALASKA ...... DILLINGHAM ...... 07/01 08/31 320 113 433 10/01/2020 ALASKA ...... DILLINGHAM ...... 09/01 06/30 298 113 411 10/01/2020 ALASKA ...... DUTCH HARBOR–UNALASKA ...... 01/01 12/31 175 129 304 10/01/2020 ALASKA ...... EARECKSON AIR STATION ...... 01/01 12/31 146 74 220 10/01/2020 ALASKA ...... EIELSON AFB ...... 05/01 09/15 154 100 254 10/01/2020 ALASKA ...... EIELSON AFB ...... 09/16 04/30 79 100 179 10/01/2020 ALASKA ...... ELFIN COVE ...... 01/01 12/31 175 113 288 10/01/2020 ALASKA ...... ELMENDORF AFB ...... 01/01 12/31 229 125 354 10/01/2020 ALASKA ...... FAIRBANKS ...... 05/01 09/15 154 100 254 10/01/2020 ALASKA ...... FAIRBANKS ...... 09/16 04/30 79 100 179 10/01/2020 ALASKA ...... FORT YUKON LRRS ...... 01/01 12/31 175 113 288 10/01/2020 ALASKA ...... FT. GREELY ...... 01/01 12/31 175 101 276 10/01/2020 ALASKA ...... FT. RICHARDSON ...... 01/01 12/31 229 125 354 10/01/2020 ALASKA ...... FT. WAINWRIGHT ...... 05/01 09/15 154 100 254 10/01/2020 ALASKA ...... FT. WAINWRIGHT ...... 09/16 04/30 79 100 179 10/01/2020 ALASKA ...... GAMBELL ...... 01/01 12/31 175 113 288 10/01/2020 ALASKA ...... GLENNALLEN ...... 01/01 12/31 175 115 290 10/01/2020 ALASKA ...... HAINES ...... 01/01 12/31 149 113 262 10/01/2020 ALASKA ...... HEALY ...... 06/01 09/30 164 98 262 10/01/2020 ALASKA ...... HEALY ...... 10/01 05/31 114 98 212 10/01/2020 ALASKA ...... HOMER ...... 05/01 09/30 189 124 313 10/01/2020 ALASKA ...... HOMER ...... 10/01 04/30 104 124 228 10/01/2020 ALASKA ...... JB ELMENDORF–RICHARDSON ...... 01/01 12/31 229 125 354 10/01/2020 ALASKA ...... JUNEAU ...... 02/01 09/30 249 118 367 10/01/2020 ALASKA ...... JUNEAU ...... 10/01 01/31 175 118 293 10/01/2020 ALASKA ...... KAKTOVIK ...... 01/01 12/31 175 129 * 304 10/01/2020 ALASKA ...... KAVIK CAMP ...... 01/01 12/31 175 113 * 288 10/01/2020 ALASKA ...... KENAI–SOLDOTNA ...... 05/01 09/30 151 113 264 10/01/2020 ALASKA ...... KENAI–SOLDOTNA ...... 10/01 04/30 99 113 212 10/01/2020 ALASKA ...... KENNICOTT ...... 01/01 12/31 175 85 260 10/01/2020 ALASKA ...... KETCHIKAN ...... 04/01 09/30 250 118 368 10/01/2020 ALASKA ...... KETCHIKAN ...... 10/01 03/31 140 118 258 10/01/2020 ALASKA ...... KING SALMON ...... 01/01 12/31 175 89 264 10/01/2020 ALASKA ...... KING SALMON LRRS ...... 01/01 12/31 175 113 288 10/01/2020 ALASKA ...... KLAWOCK ...... 05/01 09/30 139 94 233 10/01/2020 ALASKA ...... KLAWOCK ...... 10/01 04/30 109 94 203 10/01/2020 ALASKA ...... KODIAK ...... 04/01 09/30 207 109 316 10/01/2020 ALASKA ...... KODIAK ...... 10/01 03/31 123 109 232 10/01/2020 ALASKA ...... KOTZEBUE ...... 01/01 12/31 175 121 296 10/01/2020 ALASKA ...... KULIS AGS ...... 01/01 12/31 229 125 354 10/01/2020 ALASKA ...... MCCARTHY ...... 01/01 12/31 175 85 260 10/01/2020 ALASKA ...... MCGRATH ...... 01/01 12/31 175 113 * 288 10/01/2020 ALASKA ...... MURPHY DOME ...... 05/01 09/15 154 100 254 10/01/2020 ALASKA ...... MURPHY DOME ...... 09/16 04/30 79 100 179 10/01/2020 ALASKA ...... NOME ...... 01/01 12/31 200 118 318 10/01/2020 ALASKA ...... NOSC ANCHORAGE ...... 01/01 12/31 229 125 354 10/01/2020 ALASKA ...... NUIQSUT ...... 01/01 12/31 175 113 * 288 10/01/2020 ALASKA ...... OLIKTOK LRRS ...... 01/01 12/31 175 113 288 10/01/2020 ALASKA ...... PALMER ...... 01/01 12/31 175 117 292 10/01/2020 ALASKA ...... PETERSBURG ...... 01/01 12/31 130 108 238 10/01/2020 ALASKA ...... POINT BARROW LRRS ...... 01/01 12/31 175 113 288 10/01/2020 ALASKA ...... POINT HOPE ...... 01/01 12/31 175 113 * 288 10/01/2020 ALASKA ...... POINT LONELY LRRS ...... 01/01 12/31 175 113 288 10/01/2020 ALASKA ...... PORT ALEXANDER ...... 01/01 12/31 175 113 * 288 10/01/2020 ALASKA ...... PORT ALSWORTH ...... 01/01 12/31 175 113 288 10/01/2020 ALASKA ...... PRUDHOE BAY ...... 01/01 12/31 120 113 * 233 10/01/2020 ALASKA ...... SELDOVIA ...... 05/01 09/30 189 124 313 10/01/2020 ALASKA ...... SELDOVIA ...... 10/01 04/30 104 124 223 10/01/2020 ALASKA ...... SEWARD ...... 04/01 09/30 299 146 445 10/01/2020 ALASKA ...... SEWARD ...... 10/01 03/31 104 146 250 10/01/2020 ALASKA ...... SITKA–MT. EDGECUMBE ...... 04/01 09/30 220 116 336 10/01/2020 ALASKA ...... SITKA–MT. EDGECUMBE ...... 10/01 03/31 189 116 305 10/01/2020 ALASKA ...... SKAGWAY ...... 04/01 09/30 250 118 368 10/01/2020 ALASKA ...... SKAGWAY ...... 10/01 03/31 140 118 258 10/01/2020 ALASKA ...... SLANA ...... 01/01 12/31 175 113 288 10/01/2020 ALASKA ...... SPARREVOHN LRRS ...... 01/01 12/31 175 113 288 10/01/2020 ALASKA ...... SPRUCE CAPE ...... 04/01 09/30 207 109 316 10/01/2020 ALASKA ...... SPRUCE CAPE ...... 10/01 03/31 123 109 232 10/01/2020 ALASKA ...... ST. GEORGE ...... 01/01 12/31 175 113 288 10/01/2020 ALASKA ...... TALKEETNA ...... 01/01 12/31 175 120 295 10/01/2020 ALASKA ...... TANANA ...... 01/01 12/31 200 118 318 10/01/2020 ALASKA ...... TATALINA LRRS ...... 01/01 12/31 175 113 288 10/01/2020 VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16711 State or territory Locality Season start Season end Lodging M&IE Total per diem Effective date ALASKA ...... TIN CITY LRRS ...... 01/01 12/31 175 113 288 10/01/2020 ALASKA ...... TOK ...... 01/01 12/31 105 113 218 10/01/2020 ALASKA ...... VALDEZ ...... 05/16 09/15 212 110 322 10/01/2020 ALASKA ...... VALDEZ ...... 09/16 05/15 154 110 264 10/01/2020 ALASKA ...... WAINWRIGHT ...... 01/01 12/31 275 77 352 10/01/2020 ALASKA ...... WAKE ISLAND DIVERT AIRFIELD ...... 01/01 12/31 175 113 288 10/01/2020 ALASKA ...... WASILLA ...... 05/01 09/30 190 94 284 10/01/2020 ALASKA ...... WASILLA ...... 10/01 04/30 100 94 194 10/01/2020 ALASKA ...... WRANGELL ...... 04/01 09/30 250 118 368 10/01/2020 ALASKA ...... WRANGELL ...... 10/01 03/31 140 118 258 10/01/2020 ALASKA ...... YAKUTAT ...... 06/01 09/30 350 111 461 10/01/2020 ALASKA ...... YAKUTAT ...... 10/01 05/31 150 111 261 10/01/2020 AMERICAN SAMOA ...... AMERICAN SAMOA ...... 01/01 12/31 139 86 225 07/01/2019 AMERICAN SAMOA ...... PAGO PAGO ...... 01/01 12/31 139 86 225 07/01/2019 GUAM ...... GUAM (INCL ALL MIL INSTAL) ...... 01/01 12/31 159 96 255 04/01/2021 GUAM ...... JOINT REGION MARIANAS (ANDERSEN) 01/01 12/31 159 96 255 04/01/2021 GUAM ...... JOINT REGION MARIANAS (NAVAL BASE) 01/01 12/31 159 96 255 04/01/2021 GUAM ...... TAMUNING ...... 01/01 12/31 159 96 255 04/01/2021 HAWAII ...... [OTHER] ...... 01/01 12/31 218 149 367 01/01/2021 HAWAII ...... CAMP H M SMITH ...... 01/01 12/31 177 149 326 01/01/2021 HAWAII ...... CNI NAVMAG PEARL HARBOR- HICKAM 01/01 12/31 177 149 326 01/01/2021 HAWAII ...... FT. DERUSSEY ...... 01/01 12/31 177 149 326 01/01/2021 HAWAII ...... FT. SHAFTER ...... 01/01 12/31 177 149 326 01/01/2021 HAWAII ...... HICKAM AFB ...... 01/01 12/31 177 149 326 01/01/2021 HAWAII ...... HONOLULU ...... 01/01 12/31 177 149 326 01/01/2021 HAWAII ...... ISLE OF HAWAII: HILO ...... 01/01 12/31 199 120 319 01/01/2021 HAWAII ...... ISLE OF HAWAII: LOCATIONS OTHER 01/01 12/31 218 156 374 01/01/2021 THAN HILO. HAWAII ...... ISLE OF KAUAI ...... 01/01 12/31 325 141 466 01/01/2021 HAWAII ...... ISLE OF LANAI ...... 01/01 12/31 218 134 352 01/01/2021 HAWAII ...... ISLE OF MAUI ...... 01/01 12/31 304 150 454 01/01/2021 HAWAII ...... ISLE OF MOLOKAI ...... 01/01 12/31 218 106 324 01/01/2021 HAWAII ...... ISLE OF OAHU ...... 01/01 12/31 177 149 326 01/01/2021 HAWAII ...... JB PEARL HARBOR–HICKAM ...... 01/01 12/31 177 149 326 01/01/2021 HAWAII ...... KAPOLEI ...... 01/01 12/31 177 149 326 01/01/2021 HAWAII ...... KEKAHA PACIFIC MISSILE RANGE FAC .. 01/01 12/31 325 141 466 01/01/2021 HAWAII ...... KILAUEA MILITARY CAMP ...... 01/01 12/31 199 120 319 01/01/2021 HAWAII ...... LIHUE ...... 01/01 12/31 325 141 466 01/01/2021 HAWAII ...... MCB HAWAII ...... 01/01 12/31 177 149 326 01/01/2021 HAWAII ...... NCTAMS PAC WAHIAWA ...... 01/01 12/31 177 149 326 01/01/2021 HAWAII ...... NOSC PEARL HARBOR ...... 01/01 12/31 177 149 326 01/01/2021 HAWAII ...... PEARL HARBOR ...... 01/01 12/31 177 149 326 01/01/2021 HAWAII ...... PMRF BARKING SANDS ...... 01/01 12/31 325 141 466 01/01/2021 HAWAII ...... SCHOFIELD BARRACKS ...... 01/01 12/31 177 149 326 01/01/2021 HAWAII ...... TRIPLER ARMY MEDICAL CENTER ...... 01/01 12/31 177 149 326 01/01/2021 HAWAII ...... WHEELER ARMY AIRFIELD ...... 01/01 12/31 177 149 326 01/01/2021 MIDWAY ISLANDS ...... MIDWAY ISLANDS ...... 01/01 12/31 125 81 206 01/01/2021 NORTHERN MARIANA IS- [OTHER] ...... 01/01 12/31 80 113 182 04/01/2021 LANDS. NORTHERN MARIANA IS- ROTA ...... 01/01 12/31 130 114 244 04/01/2021 LANDS. NORTHERN MARIANA IS- SAIPAN ...... 01/01 12/31 161 113 274 04/01/2021 LANDS. NORTHERN MARIANA IS- TINIAN ...... 01/01 12/31 80 93 162 04/01/2021 LANDS. PUERTO RICO ...... [OTHER] ...... 01/01 12/31 154 100 254 06/01/2020 PUERTO RICO ...... AGUADILLA ...... 01/01 12/31 149 90 239 06/01/2020 PUERTO RICO ...... BAYAMON ...... 12/01 05/31 195 115 310 06/01/2020 PUERTO RICO ...... BAYAMON ...... 06/01 11/30 167 115 282 06/01/2020 PUERTO RICO ...... CAROLINA ...... 12/01 05/31 195 115 310 06/01/2020 PUERTO RICO ...... CAROLINA ...... 06/01 11/30 167 115 282 06/01/2020 PUERTO RICO ...... CEIBA ...... 01/01 12/31 159 110 269 06/01/2020 PUERTO RICO ...... CULEBRA ...... 01/01 12/31 159 105 264 06/01/2020 PUERTO RICO...... FAJARDO [INCL ROOSEVELT RDS 01/01 12/31 159 110 269 06/01/2020 NAVSTAT]. PUERTO RICO ...... FT. BUCHANAN [INCL GSA SVC CTR, 12/01 05/31 195 115 310 06/01/2020 GUAYNABO]. PUERTO RICO ...... FT. BUCHANAN [INCL GSA SVC CTR, 06/01 11/30 167 115 282 06/01/2020 GUAYNABO]. PUERTO RICO ...... HUMACAO ...... 01/01 12/31 159 110 269 06/01/2020 PUERTO RICO ...... LUIS MUNOZ MARIN IAP AGS ...... 12/01 05/31 195 115 310 06/01/2020 PUERTO RICO ...... LUIS MUNOZ MARIN IAP AGS ...... 06/01 11/30 167 115 282 06/01/2020 PUERTO RICO ...... LUQUILLO ...... 01/01 12/31 159 110 269 06/01/2020 PUERTO RICO ...... MAYAGUEZ ...... 01/01 12/31 109 94 203 06/01/2020 PUERTO RICO ...... PONCE ...... 01/01 12/31 149 130 279 06/01/2020 PUERTO RICO ...... RIO GRANDE ...... 01/01 12/31 154 85 239 06/01/2020 PUERTO RICO ...... SABANA SECA [INCL ALL MILITARY] ...... 12/01 05/31 195 115 310 06/01/2020 PUERTO RICO ...... SABANA SECA [INCL ALL MILITARY] ...... 06/01 11/30 167 115 282 06/01/2020 PUERTO RICO ...... SAN JUAN & NAV RES STA ...... 12/01 05/31 195 115 310 06/01/2020 PUERTO RICO ...... SAN JUAN & NAV RES STA ...... 06/01 11/30 167 115 282 06/01/2020 PUERTO RICO ...... VIEQUES ...... 01/01 12/31 159 94 253 06/01/2020 VIRGIN ISLANDS (U.S.) ...... ST. CROIX ...... 12/15 04/14 299 120 419 04/01/2021 VIRGIN ISLANDS (U.S.) ...... ST. CROIX ...... 04/15 12/14 247 120 367 04/01/2021 VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16712 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices State or territory Locality Season start Season end Lodging M&IE Total per diem Effective date VIRGIN ISLANDS (U.S.) ...... ST. JOHN ...... 12/04 04/30 230 123 353 04/01/2021 VIRGIN ISLANDS (U.S.) ...... ST. JOHN ...... 05/01 12/03 170 123 293 04/01/2021 VIRGIN ISLANDS (U.S.) ...... ST. THOMAS ...... 04/15 12/15 249 118 367 04/01/2021 VIRGIN ISLANDS (U.S.) ...... ST. THOMAS ...... 12/16 04/14 339 118 457 04/01/2021 WAKE ISLAND ...... WAKE ISLAND ...... I 01/01 I 12/31 I 129 I 70 I 199 I 01/01/2021 * Where meals are included in the lodging rate, a traveler is only allowed a meal rate on the first and last day of travel. [FR Doc. 2021–06634 Filed 3–30–21; 8:45 am] SUPPLEMENTARY INFORMATION: The each teacher specializes in teaching BILLING CODE 5001–06–P Department of Education (ED), in certain subjects to multiple classes of accordance with the Paperwork students instead of teaching all subjects Reduction Act of 1995 (PRA) (44 U.S.C. to a single class of students (self- 3506(c)(2)(A)), provides the general contained instruction). While nearly DEPARTMENT OF EDUCATION public and Federal agencies with an ubiquitous in secondary schools, opportunity to comment on proposed, departmentalization has only recently [Docket No.: ED–2021–SCC–0050] revised, and continuing collections of become more popular in upper Agency Information Collection information. This helps the Department elementary grades. This evaluation is Activities; Comment Request; Impact assess the impact of its information examining the implementation and Evaluation of Departmentalized collection requirements and minimize outcomes of teachers and students as Instruction in Elementary Schools the public’s reporting burden. It also they departmentalize in fourth and fifth helps the public understand the grades. In doing so, it will generate AGENCY: Institute of Education Sciences Department’s information collection valuable evidence on an improvement (IES), Department of Education (ED). requirements and provide the requested strategy that low-performing elementary ACTION: Notice. data in the desired format. ED is schools identified under ESSA may soliciting comments on the proposed consider adopting. SUMMARY: In accordance with the information collection request (ICR) that Dated: March 25, 2021. Paperwork Reduction Act of 1995, ED is is described below. The Department of Juliana Pearson, proposing an extension without change Education is especially interested in PRA Coordinator, Strategic Collections and of a currently approved collection. public comment addressing the Clearance, Governance and Strategy Division, DATES: Interested persons are invited to following issues: (1) Is this collection Office of Chief Data Officer, Office of submit comments on or before June 1, necessary to the proper functions of the Planning, Evaluation and Policy 2021. Department; (2) will this information be Development. ADDRESSES: To access and review all the processed and used in a timely manner; [FR Doc. 2021–06556 Filed 3–30–21; 8:45 am] documents related to the information (3) is the estimate of burden accurate; BILLING CODE 4000–01–P collection listed in this notice, please (4) how might the Department enhance use http://www.regulations.gov by the quality, utility, and clarity of the searching the Docket ID number ED– information to be collected; and (5) how DEPARTMENT OF EDUCATION 2021–SCC–0050. Comments submitted might the Department minimize the [Docket No.: ED–2020–SCC–0190] in response to this notice should be burden of this collection on the submitted electronically through the respondents, including through the use Agency Information Collection Federal eRulemaking Portal at http:// of information technology. Please note Activities; Submission to the Office of www.regulations.gov by selecting the that written comments received in Management and Budget for Review Docket ID number or via postal mail, response to this notice will be and Approval; Comment Request; commercial delivery, or hand delivery. considered public records. HBCU Scholar Recognition Program If the regulations.gov site is not Title of Collection: Impact Evaluation of Departmentalized Instruction in AGENCY: Office of the Secretary (OS), available to the public for any reason, Department of Education (ED). ED will temporarily accept comments at Elementary Schools. ACTION: Notice. [email protected]. Please include the OMB Control Number: 1850–0942. Type of Review: An extension without docket ID number and the title of the SUMMARY: change of a currently approved In accordance with the information collection request when collection. Paperwork Reduction Act of 1995, ED is requesting documents or submitting Respondents/Affected Public: proposing a revision of a currently comments. Please note that comments Individuals and Households. approved information collection. submitted by fax or email and those Total Estimated Number of Annual DATES: Interested persons are invited to submitted after the comment period will Responses: 12. submit comments on or before April 30, not be accepted. Written requests for Total Estimated Number of Annual 2021. information or comments submitted by Burden Hours: 80. ADDRESSES: Written comments and postal mail or delivery should be Abstract: This study is authorized by recommendations for proposed addressed to the PRA Coordinator of the Section 8601 of the Every Student information collection requests should Strategic Collections and Clearance Succeeds Act (ESSA), which tasks the be sent within 30 days of publication of Governance and Strategy Division, U.S. U.S. Department of Education with this notice to www.reginfo.gov/public/ Department of Education, 400 Maryland conducting evaluations to build the do/PRAMain. Find this information Ave. SW, LBJ, Room 208C Washington, evidence base in education. Finding collection request by selecting DC 20202–8240. creative ways to redeploy existing ‘‘Department of Education’’ under FOR FURTHER INFORMATION CONTACT: For teachers in the classroom may yield ‘‘Currently Under Review,’’ then check specific questions related to collection academic benefits to students at little ‘‘Only Show ICR for Public Comment’’ activities, please contact Thomas Wei, cost. One such strategy is checkbox. Comments may also be sent 646–428–3892. departmentalized instruction, where to [email protected]. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16713 FOR FURTHER INFORMATION CONTACT: For Dated: March 26, 2021. activities, please contact Nicoisa Jones, specific questions related to collection Stephanie Valentine, (202) 453–6695. activities, please contact Elyse Jones, PRA Coordinator, Strategic Collections and SUPPLEMENTARY INFORMATION: The 202–453–5627. Clearance Governance and Strategy Division, Department of Education (ED), in Office of Chief Data Officer, Office of SUPPLEMENTARY INFORMATION: The accordance with the Paperwork Planning, Evaluation and Policy Reduction Act of 1995 (PRA) (44 U.S.C. Department of Education (ED), in Development. accordance with the Paperwork 3506(c)(2)(A)), provides the general [FR Doc. 2021–06630 Filed 3–30–21; 8:45 am] public and Federal agencies with an Reduction Act of 1995 (PRA) (44 U.S.C. BILLING CODE 4000–01–P 3506(c)(2)(A)), provides the general opportunity to comment on proposed, public and Federal agencies with an revised, and continuing collections of information. This helps the Department opportunity to comment on proposed, DEPARTMENT OF EDUCATION revised, and continuing collections of assess the impact of its information information. This helps the Department [Docket No.: ED–2021–SCC–0051] collection requirements and minimize the public’s reporting burden. It also assess the impact of its information Agency Information Collection collection requirements and minimize helps the public understand the Activities; Comment Request; Department’s information collection the public’s reporting burden. It also Expanding Opportunity Through requirements and provide the requested helps the public understand the Quality Charter Schools Program: data in the desired format. ED is Department’s information collection Technical Assistance To Support soliciting comments on the proposed requirements and provide the requested Monitoring, Evaluation, Data information collection request (ICR) that data in the desired format. ED is Collection, and Dissemination of Best is described below. The Department of soliciting comments on the proposed Practices Education is especially interested in information collection request (ICR) that public comment addressing the is described below. The Department of AGENCY: Office of Innovation and following issues: (1) Is this collection Education is especially interested in Improvement (OII), Department of necessary to the proper functions of the public comment addressing the Education (ED). Department; (2) will this information be following issues: (1) Is this collection ACTION: Notice. processed and used in a timely manner; necessary to the proper functions of the (3) is the estimate of burden accurate; Department; (2) will this information be SUMMARY: In accordance with the Paperwork Reduction Act of 1995, ED is (4) how might the Department enhance processed and used in a timely manner; the quality, utility, and clarity of the (3) is the estimate of burden accurate; proposing an extension without change of a currently approved collection. information to be collected; and (5) how (4) how might the Department enhance might the Department minimize the the quality, utility, and clarity of the DATES: Interested persons are invited to burden of this collection on the information to be collected; and (5) how submit comments on or before June 1, respondents, including through the use might the Department minimize the 2021. of information technology. Please note burden of this collection on the ADDRESSES: To access and review all the that written comments received in respondents, including through the use documents related to the information response to this notice will be of information technology. Please note collection listed in this notice, please considered public records. that written comments received in use http://www.regulations.gov by Title of Collection: Expanding response to this notice will be searching the Docket ID number ED– Opportunity through Quality Charter considered public records. 2021–SCC–0051. Comments submitted Schools Program: Technical Assistance Title of Collection: HBCU Scholar in response to this notice should be to Support Monitoring, Evaluation, Data Recognition Program. submitted electronically through the Collection, and Dissemination of Best Federal eRulemaking Portal at http:// OMB Control Number: 1894–0016. Practices. www.regulations.gov by selecting the OMB Control Number: 1855–0016. Type of Review: A revision of a Docket ID number or via postal mail, Type of Review: Extension without currently approved information commercial delivery, or hand delivery. change of a currently approved collection. If the regulations.gov site is not collection. Respondents/Affected Public: available to the public for any reason, Respondents/Affected Public: State, Individuals and Households. ED will temporarily accept comments at Local, and Tribal Governments. [email protected]. Please include the Total Estimated Number of Annual Total Estimated Number of Annual docket ID number and the title of the Responses: 202. Responses: 342. information collection request when Total Estimated Number of Annual Total Estimated Number of Annual requesting documents or submitting Burden Hours: 537. Burden Hours: 707. comments. Please note that comments Abstract: This request is for an Abstract: This program was designed submitted by fax or email and those extension of OMB approval to collect to recognize current HBCU students for submitted after the comment period will data for the Expanding Opportunity their dedication to academics, not be accepted. Written requests for through Quality Charter Schools leadership and civic engagement. information or comments submitted by Program: Technical Assistance to Nominees were asked to submit a postal mail or delivery should be Support Monitoring, Evaluation, Data nomination package containing a signed addressed to the PRA Coordinator of the Collection, and Dissemination of Best nomination form, unofficial transcripts, Strategic Collections and Clearance Practices formerly titled Charter Schools short essay, resume, and endorsement Governance and Strategy Division, U.S. Program (CSP) Grant Awards Database. letter. Items in this package provide the Department of Education, 400 Maryland This current data collection is being tools necessary to select current HBCU Ave. SW, LBJ, Room 6W208C coordinated with the EDFacts Initiative students who are excelling academically Washington, DC 20202–8240. to reduce respondent burden and fully and making differences in their FOR FURTHER INFORMATION CONTACT: For utilize data submitted by States and community. specific questions related to collection available to the U.S. Department of VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16714 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices Education (ED). Specifically, under the Dated: March 25, 2021. Description: Tariff Amendment: current data collection, ED collects CSP Nathaniel J. Davis, Sr., Amendment to Pending Filing in ER21– grant award information from grantees Deputy Secretary. 955 to be effective 4/1/2021. (State agencies, charter management [FR Doc. 2021–06618 Filed 3–30–21; 8:45 am] Filed Date: 3/25/21. organizations, and some schools) to BILLING CODE 6717–01–P Accession Number: 20210325–5145. create a new database of current CSP- Comments Due: 5 p.m. ET 4/5/21. funded charter schools. Together, these Docket Numbers: ER21–1510–000. data allow ED to monitor CSP grant DEPARTMENT OF ENERGY Applicants: Midcontinent performance and analyze data related to Independent System Operator, Inc., Big accountability for academic purposes, Federal Energy Regulatory Rivers Electric Corporation. financial integrity, and program Commission Description: § 205(d) Rate Filing: effectiveness. _ Combined Notice of Filings #1 2021–03–24 BREC Attachment O and Dated: March 25, 2021. GG Filing to be effective 6/1/2021. Juliana Pearson, Take notice that the Commission Filed Date: 3/24/21. PRA Coordinator, Strategic Collections and received the following electric rate Accession Number: 20210324–5133. Clearance Governance and Strategy Division, filings: Comments Due: 5 p.m. ET 4/14/21. Office of Chief Data Officer, Office of Docket Numbers: Docket Numbers: ER21–1511–000. ER20–2415–002; ER10–2421–005; Planning, Evaluation and Policy Applicants: Ohio Power Company, Development. ER10–2457–003; ER10–2590–008; AEP Ohio Transmission Company, Inc., ER10–2593–008; ER10–2616–019; [FR Doc. 2021–06573 Filed 3–30–21; 8:45 am] American Electric Power Service ER11–4400–016; ER12–1769–008; BILLING CODE 4000–01–P Corporation, PJM Interconnection, ER12–2250–006; ER12–2251–006; L.L.C. ER12–2252–007; ER12–2253–006; Description: § 205(d) Rate Filing: AEP ER12–75–009; ER14–1569–012; ER14– DEPARTMENT OF ENERGY submits the Loudonville FA re: ILDSA 2245–006; ER14–883–013; ER15–1596– SA No. 1336 to be effective 5/25/2021. Federal Energy Regulatory 012; ER15–1599–012; ER19–102–005; Filed Date: 3/25/21. Commission ER19–158–007; ER19–2803–004; ER19– 2806–004; ER19–2807–004; ER19–2809– Accession Number: 20210325–5051. [Docket No.AD21–8–000] 004; ER19–2810–004; ER19–2811–004. Comments Due: 5 p.m. ET 4/15/21. Docket Numbers: ER21–1512–000. Technical Conference on Applicants: Moss Landing Energy Applicants: PJM Interconnection, Reassessment of the Electric Quarterly Storage 2, LLC, Moss Landing Power L.L.C. Report Requirements; Notice of Company LLC, Oakland Power Description: § 205(d) Rate Filing: Technical Conference Company LLC, Ambit Northeast, LLC, Cincinnati Bell Energy LLC, Connecticut Amendment to ISA/ICSA SA No. 5212 Take notice that on May 19, 2021, the Gas & Electric, Inc., Dynegy Commercial & 5213; Queue Nos. AB2–077/AB2–078/ Federal Energy Regulatory Commission Asset Management, LLC, Dynegy Energy AB2–079 to be effective 9/10/2018. (Commission) will convene a staff-led Services, LLC, Dynegy Energy Services Filed Date: 3/25/21. technical conference via webcast as part (East), LLC, Dynegy Marketing and Accession Number: 20210325–5056. of a reassessment of the Electric Trade, LLC, Dynegy Power Marketing, Comments Due: 5 p.m. ET 4/15/21. Quarterly Report (EQR) requirements. A LLC, Energy Rewards, LLC, Energy Docket Numbers: ER21–1513–000. supplemental notice will be issued prior Services Providers, Inc., Everyday Applicants: ISO New England Inc. to the conference with further details Energy, LLC, Everyday Energy NJ, LLC, Description: § 205(d) Rate Filing: ISO regarding the agenda, meeting Illinois Power Marketing Company, New England Inc.; Ministerial Filing to registration information, and electronic Luminant Energy Company LLC, Conform Tariff Section I.2 to be effective log-in information. Massachusetts Gas & Electric, Inc., 1/1/2021. The purpose of this technical Public Power, LLC, Public Power & Filed Date: 3/25/21. conference is to provide a forum for Utility of Maryland, LLC, Public Power Accession Number: 20210325–5057. Commission staff, filers, and data users & Utility of NY, Inc, Public Power (PA), Comments Due: 5 p.m. ET 4/15/21. to discuss potential changes to the LLC, TriEagle Energy, LP, Viridian current EQR data fields. This technical Docket Numbers: ER21–1514–000. Energy, LLC, Viridian Energy PA, LLC, Applicants: Mid-Atlantic Interstate conference is the second in a series of Viridian Energy NY, LLC. conferences related to a reassessment of Transmission, LLC, PJM Description: Notice of Change in Interconnection, L.L.C. the EQR requirements. Status of Vistra Southwest MBR Sellers. Commission conferences are Description: § 205(d) Rate Filing: Filed Date: 3/24/21. MAIT submits Nine ECSAs, Nos. 5924– accessible under section 508 of the Accession Number: 20210324–5238. Rehabilitation Act of 1973. For Comments Due: 5 p.m. ET 4/14/21. 5927, 5929–5930, 5935–5937 to be accessibility accommodations, please effective 5/25/2021. Docket Numbers: ER21–716–002. Filed Date: 3/25/21. send an email to [email protected] Applicants: PJM Interconnection, Accession Number: 20210325–5068. or call toll free 1–866–208–3372 (voice) L.L.C. or 202–502–8659 (TTY), or send a FAX Description: Tariff Amendment: Comments Due: 5 p.m. ET 4/15/21. to 202–208–2106 with the required Supplement and Correction: Original Docket Numbers: ER21–1515–000. accommodations. ISA, SA No. 5692; Queue No. AF1–198 Applicants: PJM Interconnection, For more information about the EQR to be effective 6/30/2020. L.L.C. technical conference, please contact Jeff Filed Date: 3/25/21. Description: § 205(d) Rate Filing: Sanders of the Commission’s Office of Accession Number: 20210325–5087. Amendment to ISA No. 4493, Queue Enforcement at (202) 502–6455, or send Comments Due: 5 p.m. ET 4/15/21 No. AB1–096 to be effective 6/17/2016. an email to [email protected]. Additional Docket Numbers: ER21–955–001. Filed Date: 3/25/21. information will also be provided on the Applicants: California Independent Accession Number: 20210325–5120. EQR web page. System Operator Corporation. Comments Due: 5 p.m. ET 4/15/21. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16715 Docket Numbers: ER21–1516–000. Description: Application of Virginia modifications to the existing meter Applicants: Midcontinent Electric and Power Company to stations of Coleman, Lena, Meeme, Independent System Operator, Inc., Terminate Mandatory Purchase Mosinee, Rhinelander, Suring, and Two Hoosier Energy Rural Electric Obligation under the Public Utility Rivers to provide increased delivery Cooperative. Regulatory Policies Act of 1978. point capabilities, all located in Description: § 205(d) Rate Filing: Filed Date: 3/18/21. Wisconsin. ANR states that the total cost 2021–03–25_Hoosier Attachment O Accession Number: 20210318–5016. of the Project to be $5,512,290. Filing to be effective 6/1/2021. Comments Due: 5 p.m. ET 4/15/21. In addition to publishing the full text Filed Date: 3/25/21. The filings are accessible in the of this document in the Federal Accession Number: 20210325–5121. Commission’s eLibrary system (https:// Register, the Commission provides all Comments Due: 5 p.m. ET 4/15/21. elibrary.ferc.gov/idmws/search/ interested persons an opportunity to Docket Numbers: ER21–1517–000. fercgensearch.asp) by querying the view and/or print the contents of this Applicants: PJM Interconnection, docket number. document via the internet through the L.L.C. Any person desiring to intervene or Commission’s Home Page (http:// Description: § 205(d) Rate Filing: protest in any of the above proceedings ferc.gov) using the ‘‘eLibrary’’ link. Amendment to WMPA No. 5693, Queue must file in accordance with Rules 211 Enter the docket number excluding the No. AF1–155 to be effective 6/16/2020. and 214 of the Commission’s last three digits in the docket number Filed Date: 3/25/21. Regulations (18 CFR 385.211 and field to access the document. At this Accession Number: 20210325–5155. 385.214) on or before 5:00 p.m. Eastern time, the Commission has suspended Comments Due: 5 p.m. ET 4/15/21. time on the specified comment date. access to the Commission’s Public Reference Room, due to the Docket Numbers: ER21–1518–000. Protests may be considered, but proclamation declaring a National Applicants: FPL Energy Mower intervention is necessary to become a Emergency concerning the Novel County, LLC. party to the proceeding. Coronavirus Disease (COVID–19), issued Description: Tariff Cancellation: eFiling is encouraged. More detailed by the President on March 13, 2020. For Notice of Cancellation to be effective information relating to filing assistance, contact the Federal Energy 3/26/2021. requirements, interventions, protests, Regulatory Commission at Filed Date: 3/25/21. service, and qualifying facilities filings [email protected] or call Accession Number: 20210325–5158. can be found at: http://www.ferc.gov/ Comments Due: 5 p.m. ET 4/15/21. toll-free, (886) 208–3676 or TYY, (202) docs-filing/efiling/filing-req.pdf. For Take notice that the Commission 502–8659. other information, call (866) 208–3676 received the following qualifying Any questions regarding the proposed (toll free). For TTY, call (202) 502–8659. facility filings: project should be directed to Alexander Docket Numbers: QF21–267–000. Dated: March 25, 2021. Kass, Legal Counsel, ANR Pipeline Applicants: Kimberly-Clark Nathaniel J. Davis, Sr., Company, 700 Louisiana Street, Suite Corporation. Deputy Secretary. 1300, Houston, Texas, by phone at Description: Form 556 of Kimberly- [FR Doc. 2021–06619 Filed 3–30–21; 8:45 am] (832)–320–5226, or by email at _ Clark Corporation [New Milford Mill]. BILLING CODE 6717–01–P alexander [email protected]. Filed Date: 12/16/20. Pursuant to Section 157.9 of the Accession Number: 20201216–5227. Commission’s Rules of Practice and Comments Due: None-Applicable. DEPARTMENT OF ENERGY Procedure,3 within 90 days of this Docket Numbers: QF21–515–000. Notice the Commission staff will either: Applicants: Sonata Green Owner, Federal Energy Regulatory Complete its environmental review and LLC. Commission place it into the Commission’s public record (eLibrary) for this proceeding; or Description: Form 556 of Sonata [Docket No. CP21–78–000] Green Owner LLC. issue a Notice of Schedule for Filed Date: 2/18/21. ANR Pipeline Company; Notice of Environmental Review. If a Notice of Accession Number: 20210218–5074. Application and Establishing Schedule for Environmental Review is Comments Due: None-Applicable. Intervention Deadline issued, it will indicate, among other Docket Numbers: QF21–580–000. milestones, the anticipated date for the Applicants: Susquehanna 1, LLC. Take notice that on March 12, 2021, Commission staff’s issuance of the final Description: Form 556 of ANR Pipeline Company (ANR), 700 environmental impact statement (FEIS) Susquehanna 1, LLC. Louisiana Street, Suite 700, Houston, or environmental assessment (EA) for Filed Date: 3/17/21. TX 77002–2700, filed an application this proposal. The filing of an EA in the Accession Number: 20210317–5193. under section 7(c) of the Natural Gas Commission’s public record for this Comments Due: None-Applicable. Act (NGA),1 and Part 157 and 284 of the proceeding or the issuance of a Notice Docket Numbers: QF21–610–000. Commission’s regulations,2 requesting of Schedule for Environmental Review Applicants: Kimberly-Clark authorization to construct, own and will serve to notify federal and state Corporation. operate the Wisconsin Access Project agencies of the timing for the Description: Form 556 of Kimberly- (Project). The Project consists of (i) an completion of all necessary reviews, and Clark Corporation [Owensboro Facility]. increase in the firm capacity on ANR’s the subsequent need to complete all Filed Date: 3/23/21. natural gas pipeline by approximately federal authorizations within 90 days of Accession Number: 20210323–5274. 50,707 dekatherms per day (Dth/d) into the date of issuance of the Commission Comments Due: None-Applicable. Wisconsin, effectuated through staff’s FEIS or EA. Take notice that the Commission modifications to the original design received the following PURPA assumptions and software within ANR’s Public Participation 210(m)(3) filings: engineering models; and, (ii) minor There are two ways to become Docket Numbers: QM21–12–000. involved in the Commission’s review of Applicants: Virginia Electric and 115 USC 717f(c) (2020). Power Company. 218 CFR 157 and 284 (2020). 3 18 CFR (Code of Federal Regulations) 157.9. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16716 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 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 April 16, 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 CP21–78–000. 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 Interventions To mail via any other courier, use the recorded, please submit your comments following address: Kimberly D. Bose, on or before April 16, 2021. Any person, which includes Secretary, Federal Energy Regulatory There are three methods you can use individuals, organizations, businesses, Commission, 12225 Wilkins Avenue, 4 to submit your comments to the municipalities, and other entities, 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 CP21–78–000 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]. feature, which is located on the challenge the Commission’s orders in Motions to intervene must be served Commission’s website at www.ferc.gov the U.S. Circuit Courts of Appeal. on the applicant either by mail or email under the link to Documents and To intervene, you must submit a at: 700 Louisiana Street, Suite 700, Filings. Using eComment is an easy motion to intervene to the Commission Houston, Texas or at alexander_kass@ method for interested persons to submit in accordance with Rule 214 of the tcenergy.com. Any subsequent brief, text-only comments on a project; Commission’s Rules of Practice and submissions by an intervenor must be 5 (2) You may file your comments Procedure and the regulations under served on the applicant and all other 6 electronically by using the eFiling the NGA by the intervention deadline parties to the proceeding. Contact feature, which is located on the for the project, which is April 16, 2021. information for parties can be Commission’s website (www.ferc.gov) As described further in Rule 214, your downloaded from the service list at the under the link to Documents and motion to intervene must state, to the eService link on FERC Online. Service Filings. With eFiling, you can provide extent known, your position regarding can be via email with a link to the comments in a variety of formats by the proceeding, as well as the your document. attaching them as a file with your interest in the proceeding. For an All timely, unopposed 7 motions to submission. New eFiling users must individual, this could include your intervene are automatically granted by first create an account by clicking on status as a landowner, ratepayer, operation of Rule 214(c)(1).8 Motions to ‘‘eRegister.’’ You will be asked to select resident of an impacted community, or intervene that are filed after the the type of filing you are making; first recreationist. You do not need to have intervention deadline are untimely, and select ‘‘General’’ and then select property directly impacted by the may be denied. Any late-filed motion to ‘‘Comment on a Filing’’; or project in order to intervene. For more intervene must show good cause for (3) You can file a paper copy of your information about motions to intervene, being late and must explain why the comments by mailing them to the refer to the FERC website at https:// time limitation should be waived and following address below. Your written www.ferc.gov/resources/guides/how-to/ provide justification by reference to comments must reference the Project intervene.asp. factors set forth in Rule 214(d) of the docket number CP21–78–000. There are two ways to submit your Commission’s Rules and Regulations.9 To mail via USPS, use the following motion to intervene. In both instances, A person obtaining party status will be address: Kimberly D. Bose, Secretary, please reference the Project docket placed on the service list maintained by Federal Energy Regulatory Commission, number CP21–78–000 in your the Secretary of the Commission and 888 First Street NE, Washington, DC submission. 20426. (1) You may file your motion to will receive copies (paper or electronic) To mail via any other courier, use the intervene by using the Commission’s of all documents filed by the applicant following address: Kimberly D. Bose, eFiling feature, which is located on the and by all other parties. Secretary, Federal Energy Regulatory Commission’s website (www.ferc.gov) Tracking the Proceeding Commission, 12225 Wilkins Avenue, under the link to Documents and Throughout the proceeding, Rockville, Maryland 20852. Filings. New eFiling users must first additional information about the project The Commission encourages create an account by clicking on will be available from the Commission’s electronic filing of comments (options 1 ‘‘eRegister.’’ You will be asked to select Office of External Affairs, at (866) 208– and 2 above) and has eFiling staff the type of filing you are making; first available to assist you at (202) 502–8258 select ‘‘General’’ and then select 7 The applicant has 15 days from the submittal of or [email protected]. a motion to intervene to file a written objection to Persons who comment on the 4 18 CFR 385.102(d). the intervention. environmental review of this project 5 18 CFR 385.214. 8 18 CFR 385.214(c)(1). will be placed on the Commission’s 6 18 CFR 157.10. 9 18 CFR 385.214(b)(3) and (d). VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16717 FERC, or on the FERC website at Applicants: Equitrans, L.P. (NMFS) and Brookfield Renewable www.ferc.gov using the ‘‘eLibrary’’ link Description: Tariff Cancellation: Partners (Brookfield) to discuss issues as described above. The eLibrary link Terminated Negotiated Rate related to options for moving forward also provides access to the texts of all Agreement—EQT Energy ITS to be with Endangered Species Act formal documents issued by the effective 4/1/2021. consultation raised by NMFS in recent Commission, such as orders, notices, Filed Date: 3/24/21. filings made with the Commission and rulemakings. Accession Number: 20210324–5165. regarding the Lockwood, Hydro- In addition, the Commission offers a Comments Due: 5 p.m. ET 4/5/21. Kennebec, Shawmut, and Weston free service called eSubscription which The filings are accessible in the Projects. allows you to keep track of all formal Commission’s eLibrary system (https:// f. Members of the public and issuances and submittals in specific elibrary.ferc.gov/idmws/search/ intervenors in the referenced dockets. This can reduce the amount of fercgensearch.asp) by querying the proceedings may attend the time you spend researching proceedings docket number. teleconference; however, participation by automatically providing you with Any person desiring to intervene or will be limited to representatives of the notification of these filings, document protest in any of the above proceedings NMFS and Brookfield, and the summaries, and direct links to the must file in accordance with Rules 211 Commission’s representatives. documents. For more information and to and 214 of the Commission’s g. Please call or email Marybeth Gay register, go to www.ferc.gov/docs-filing/ Regulations (18 CFR 385.211 and at (202) 502–6125 or Marybeth.Gay@ esubscription.asp. 385.214) on or before 5:00 p.m. Eastern ferc.gov by Wednesday, April 7, 2021, to Intervention Deadline: 5:00 p.m. time on the specified comment date. RSVP and to receive the teleconference Eastern Time on April 16, 2021. Protests may be considered, but call-in information. Dated: March 25, 2021. intervention is necessary to become a Dated: March 25, 2021. Nathaniel J. Davis, Sr., party to the proceeding. Nathaniel J. Davis, Sr., Deputy Secretary. eFiling is encouraged. More detailed Deputy Secretary. [FR Doc. 2021–06621 Filed 3–30–21; 8:45 am] information relating to filing [FR Doc. 2021–06623 Filed 3–30–21; 8:45 am] requirements, interventions, protests, BILLING CODE 6717–01–P BILLING CODE 6717–01–P service, and qualifying facilities filings can be found at: http://www.ferc.gov/ DEPARTMENT OF ENERGY docs-filing/efiling/filing-req.pdf. For DEPARTMENT OF ENERGY other information, call (866) 208–3676 Federal Energy Regulatory (toll free). For TTY, call (202) 502–8659. Southeastern Power Administration Commission Dated: March 25, 2021. Proposed Rate Adjustment, Jim Combined Notice of Filings Nathaniel J. Davis, Sr., Woodruff Project Deputy Secretary. AGENCY: Southeastern Power Take notice that the Commission has [FR Doc. 2021–06620 Filed 3–30–21; 8:45 am] Administration, DOE. received the following Natural Gas BILLING CODE 6717–01–P Pipeline Rate and Refund Report filings: ACTION: Notice of proposed rates, public Docket Numbers: RP21–643–000. forum, and opportunities for public Applicants: Transcontinental Gas DEPARTMENT OF ENERGY review and comment. Pipe Line Company, LLC. SUMMARY: Southeastern Power Description: § 4(d) Rate Filing: Rate Federal Energy Regulatory Commission Administration (Southeastern) proposes Schedules LSS and SS–2 Tracker Filing to revise existing schedules of rates and eff 4/1/2021 to be effective 4/1/2021. [Project Nos. 2574–000, 2574–090, 2574– charges applicable to the sale of power Filed Date: 3/24/21. 091; Project Nos. 2611–088, 2611–090; from the Jim Woodruff Project, effective Accession Number: 20210324–5005. Project Nos. 2322–068, 2322–069, 2322–070, October 1, 2021, through September 30, Comments Due: 5 p.m. ET 4/5/21. 2325–000, 2325–096, 2325–097] 2026. Interested persons may review the Docket Numbers: RP21–644–000. rates and supporting studies and submit Merimil Limited Partnership; Hydro- Applicants: Transcontinental Gas written comments. Southeastern will Kennebec, LLC; Brookfield White Pine Pipe Line Company, LLC. consider all comments received in this Hydro, LLC; Notice of Teleconference Description: § 4(d) Rate Filing: Rate process. Schedule S–2 Tracker Filing (ASA/PCB) a. Project Names and Numbers: DATES: Written comments are due on or eff 12/1/2020 Correction to be effective Lockwood Hydroelectric Project No. before June 29, 2021. A public 12/1/2020. 2574; Hydro-Kennebec Hydroelectric information and comment forum will be Filed Date: 3/24/21. Project No. 2611; Shawmut held by Southeastern Power Accession Number: 20210324–5071. Hydroelectric Project No. 2322; and Administration, virtually, on May 11, Comments Due: 5 p.m. ET 4/5/21. Weston Hydroelectric Project No. 2325. 2021, at 3:00 p.m. EDT. Persons desiring Docket Numbers: RP21–645–000. b. Project licensees: Merimil Limited to speak at the forum should notify Applicants: Iroquois Gas Partnership; Hydro-Kennebec, LLC; Southeastern at least seven (7) days Transmission System, L.P. Brookfield White Pine Hydro, LLC. before the scheduled forum date so that Description: § 4(d) Rate Filing: 3.24.21 c. Date and Time of Teleconference: a list of forum participants can be Negotiated Rates—Castleton Thursday, April 8, 2021 from 11:00 a.m. prepared. Notifications should be Commodities Merchant Trading L.P. to 1:00 p.m. Eastern Standard Time. submitted by Email to comments@ R–4010–29 to be effective 4/1/2021. d. FERC Contact: Marybeth Gay, (202) sepa.doe.gov. Others participating in the Filed Date: 3/24/21. 502–6125 or [email protected]. forum may speak if time permits. Accession Number: 20210324–5080. e. Purpose of Meeting: Commission Following the forum, Southeastern will Comments Due: 5 p.m. ET 4/5/21. staff will hold a teleconference with the provide exhibits to attendees and upon Docket Numbers: RP21–646–000. National Marine Fisheries Service request. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16718 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices ADDRESSES: The Tuesday, May 11, 2021, capacity and energy charges, each preparation of an Environmental Impact Microsoft Teams Meeting URL preference customer would continue to Statement is required. information is as follows: http://bit.ly/ be charged for power purchased by Determination Under Executive Order 2Os0TV7, Call in information: +1 (404) Southeastern on behalf of the preference 12866: Southeastern has an exemption 796–9216, Phone Conference ID: 950 customer. This pass-through would from centralized regulatory review 131 260#. Written comments should be continue to be computed as described in under Executive Order 12866; submitted to: Administrator, the current rate schedules. accordingly, no clearance of this notice Southeastern Power Administration, Rate schedule JW–2–F, available to by the Office of Management and U.S. Department of Energy, 1166 Athens Duke Energy Florida (DEF), would Budget is required. Tech Road, Elberton, GA 30635–6711; continue the current rate of 100 percent Signing Authority: This document of Email: [email protected]. of DEF’s fuel cost. the Department of Energy was signed on Information regarding the rates, Legal Authority: By Delegation Order March 18, 2021, by Virgil G. Hobbs III, including studies and other supporting No. 00–037.00B, effective November 19, Administrator for Southeastern Power materials, is available for public review 2016, the Secretary of Energy delegated Administration, pursuant to delegated in the offices of Southeastern Power to Southeastern’s Administrator the authority from the Secretary of Energy. Administration, 1166 Athens Tech authority to develop power and That document, with the original Road, Elberton, GA 30635. transmission rates, to the Deputy signature and date, is maintained by FOR FURTHER INFORMATION CONTACT: Secretary of Energy the authority to DOE. For administrative purposes only, Samuel W. Loggins, Assistant confirm, approve, and place such rates and in compliance with requirements of Administrator, Finance and Marketing, into effect on an interim basis, and to the Office of the Federal Register, the Southeastern Power Administration, the Federal Energy Regulatory undersigned DOE Federal Register U.S. Department of Energy, 1166 Athens Commission (FERC) the authority to Liaison Officer has been authorized to Tech Road, Elberton, GA 30635–6711, confirm, approve, and place into effect sign and submit the document in (706) 213–3805; Email: on a final basis, or to disapprove, rates electronic format for publication, as an [email protected]. developed by the Administrator under official document of the Department of SUPPLEMENTARY INFORMATION: the delegation. By Delegation Order No. Energy. This administrative process in Background of Existing Rates: The S1–DEL–S4–2021, effective February 25, no way alters the legal effect of this existing schedules of rates and charges 2021, the Acting Secretary of Energy document upon publication in the applicable to the sale of power from the also delegated the authority to confirm, Federal Register. Jim Woodruff Project are effective approve, and place such rates into effect Signed in Washington, DC, on March 26, through September 30, 2021. On on an interim basis to the Under 2021. October 20, 2016, the Federal Energy Secretary for Science (and Energy). By Treena V. Garrett, Regulatory Commission (FERC) Redelegation Order No. 00–002.10E, Federal Register Liaison Officer, U.S. confirmed and approved, on a final effective February 14, 2020, the Under Department of Energy. basis, Rate Schedules JW–1–K, and JW– Secretary of Energy (to whom such [FR Doc. 2021–06632 Filed 3–30–21; 8:45 am] 2–F applicable to the Jim Woodruff authority was delegated by the Secretary BILLING CODE 6450–01–P System for a period ending September of Energy in Delegation Order No. 00– 30, 2021 (157 FERC ¶ 62,043). 002.00S from January 15, 2020 until that Repayment Study: Existing rate delegation was rescinded on February ENVIRONMENTAL PROTECTION schedules are based upon a March 2016 25, 2021) redelegated the authority to AGENCY repayment study and other supporting confirm, approve, and place such rates data contained in FERC Docket No. into effect on an interim basis to the [EPA–HQ–OPP–2020–0693; FRL–10021–09] Assistant Secretary for Electricity. By EF16–7–000. A repayment study Agency Information Collection prepared in February 2021 showed that Redelegation Order No. 00–002.10–03, effective July 8, 2020, the Assistant Activities; Proposed Renewal of an the existing rates are not adequate to Existing Collection and Request for meet repayment criteria. Southeastern is Secretary for Electricity further redelegated the authority to confirm, Comment; Pesticide Data-Call-In therefore proposing a rate increase. A Program revised study shows that a revenue approve, and place such rates into effect increase of $684,000 per year from on an interim basis to the AGENCY: Environmental Protection preference customers would make the Administrator, Southeastern Power Agency (EPA). rates adequate to meet repayment Administration. The delegations and ACTION: Notice. criteria. The rate adjustment would redelegations not affirmatively represent an increase of about 9.2 rescinded remain valid. This rate is SUMMARY: In compliance with the percent. proposed by the Administrator, Paperwork Reduction Act (PRA), this The additional costs are due to U.S. Southeastern Power Administration, document announces the availability of Army Corps of Engineers Operation & pursuant to the authority delegated in and solicits public comment on an Maintenance expense increases and Delegation Order No. 00–037.00B. Information Collection Request (ICR) Southeastern marketing expense Environmental Impact: Southeastern that EPA is planning to submit to the increases. has reviewed the possible Office of Management and Budget Proposed Rates: In the proposed rate environmental impacts of the rate (OMB). The ICR, entitled ‘‘Pesticide schedule JW–1–L, which is available to adjustment under consideration and has Data-Call-In Program’’ and identified by preference customers, the capacity concluded that, because the adjusted EPA ICR No. 2288.04 and OMB Control charge would be increased from $7.74 rates would not significantly affect the No. 2070–0174, represents the renewal per kilowatt per month to $8.46 per quality of the human environment of an existing ICR that is scheduled to kilowatt per month. The energy charge within the meaning of the National expire on November 30, 2021. Before would be increased from 20.44 mills per Environmental Policy Act of 1969, as submitting the ICR to OMB for review kilowatt-hour to 22.32 mills per amended, the proposed action is not a and approval under the PRA, EPA is kilowatt-hour. In addition to the major Federal action for which soliciting public comments on specific VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16719 aspects of the proposed information employ less than 25) on examples of Through a rigorous scientific and collection that is summarized in this specific additional efforts that EPA public process, EPA specifies the kinds document. The ICR and accompanying could make to reduce the paperwork of data and information necessary to material are available in the docket for burden for very small businesses make regulatory judgments about the public review and comment. affected by this collection. risks and benefits of pesticide products under FIFRA sections 3, 4 and 5, as well DATES: Comments must be submitted on II. What information collection activity as the data and information needed to or before June 1, 2021. or ICR does this action apply to? ADDRESSES: Submit your comments, determine the safety of pesticide Title: Pesticide Data-Call-In Program. chemical residues under FFDCA section identified by docket identification (ID) ICR number: EPA ICR No. 2288.04. number EPA–HQ–OPP–2020–0693, by 408. The regulations in 40 CFR part 158 OMB control number: OMB Control describe the minimum data and using the Federal eRulemaking Portal at No. 2070–0174. http://www.regulations.gov. Follow the information EPA typically requires to ICR status: This ICR is currently support an application for pesticide online instructions for submitting scheduled to expire on November 30, comments. Do not submit electronically registration or amendment; support the 2021. An Agency may not conduct or reregistration of a pesticide product; any information you consider to be sponsor, and a person is not required to Confidential Business Information (CBI) support the maintenance of a pesticide respond to, a collection of information, registration by means of the data call-in or other information whose disclosure is unless it displays a currently valid OMB restricted by statute. process (e.g., as used in the registration control number. The OMB control review program); or establish or Due to the public health concerns numbers for EPA’s regulations in title 40 related to COVID–19, the EPA Docket maintain a tolerance or exemption from of the Code of Federal Regulations the requirements of a tolerance for a Center (EPA/DC) and Reading Room is (CFR), after appearing in the Federal closed to visitors with limited pesticide chemical residue. Register when approved, are listed in 40 As described in 40 CFR 158.30, exceptions. The staff continues to CFR part 9, are displayed either by however, FIFRA provides EPA with provide remote customer service via publication in the Federal Register or flexibility to require, or not require, data email, phone, and webform. For the by other appropriate means, such as on and information for the purposes of latest status information on EPA/DC the related collection instrument or making regulatory judgments for services and docket access, visit https:// form, if applicable. The display of OMB individual pesticide products, thereby www.epa.gov/dockets. control numbers for certain EPA allowing for the data required to be FOR FURTHER INFORMATION CONTACT: regulations is consolidated in 40 CFR modified on an individual basis to fully Carolyn Siu, Mission Support Division, part 9. characterize the use and properties, Office of Program Support, (P75601), Abstract: This ICR covers the characteristics, or effects of specific Environmental Protection Agency, 1200 information collection activities pesticide products under review. The Pennsylvania Ave. NW, Washington, DC associated with the issuance of data- Agency encourages each applicant to 20460; telephone number: (703) 347– call-ins (DCIs) under section 3(c)(2)(B) consult with EPA to discuss the data 1249; email address: siu.carolyn@ of the Federal Insecticide, Fungicide, requirements particular to its product epa.gov. and Rodenticide Act (FIFRA), 7 U.S.C. prior to and during the registration SUPPLEMENTARY INFORMATION: 136 et seq. EPA regulates the use of process. In addition, the Agency pesticides under the authority of two cautions applicants that the data I. What information is EPA particularly federal statutes: FIFRA and the Federal routinely required by the regulations interested in? Food, Drug and Cosmetic Act (FFDCA), may not be sufficient to permit EPA to Pursuant to PRA section 3506(c)(2)(A) 21 U.S.C. 346a. In general, before evaluate the potential of the product to (44 U.S.C. 3506(c)(2)(A)), EPA manufacturers can sell pesticides in the cause unreasonable adverse effects on specifically solicits comments and United States, EPA must evaluate the man or the environment. EPA may, information to enable it to: pesticides thoroughly to ensure that therefore, require the submission of 1. Evaluate whether the proposed they meet federal safety standards to additional data or information beyond collection of information is necessary protect human health and the that specified in the regulations if such for the proper performance of the environment. EPA grants a data or information are needed to functions of the Agency, including ‘‘registration’’ or license that permits a evaluate a pesticide product as required whether the information will have pesticide’s distribution, sale, and use by FIFRA and FFDCA. practical utility. only after the company meets the EPA uses the DCIs issued under this 2. Evaluate the accuracy of the scientific and regulatory requirements. ICR to acquire the data that has been Agency’s estimates of the burden of the In evaluating a pesticide registration deemed necessary for the Agency’s proposed collection of information, application, EPA assesses a wide variety statutorily mandated review of a including the validity of the of potential human health and pesticide’s registration, which require it methodology and assumptions used. environmental effects associated with to assess whether the continued 3. Enhance the quality, utility, and the use of the product. Applicants, or registration of an existing pesticide clarity of the information to be potential registrants, must generate or causes an unreasonable adverse effect collected. provide the scientific data necessary to on human health or the environment 4. Minimize the burden of the address concerns pertaining to the and whether the Agency will pursue collection of information on those who identity, composition, potential adverse appropriate regulatory measures. The are to respond, including through the effects, and environmental fate of each key program areas are described in more use of appropriate automated electronic, pesticide. The data allow EPA to detail in this ICR, along with the mechanical, or other technological evaluate whether a pesticide has the Agency’s estimates of the information collection techniques or other forms of potential to cause harmful effects on collection burden and costs associated information technology, e.g., permitting certain non-target organisms and with issuing DCIs under those key electronic submission of responses. In endangered species (including humans, program areas. particular, EPA is requesting comments wildlife, and plants) and on surface Form numbers: EPA For No. 8570–4, from very small businesses (those that water or ground water. 8574–27, 8570–28, 8570–32, 8579–34, VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16720 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 8570–35, 8570–36, 8570–37, 6300–3, Supporting Statement. In doing so, the exceptions. The staff continues to and 6300–4. Agency does not expect the change in provide remote customer service via Burden statement: The annual public format to result in substantive changes email, phone, and webform. For the reporting and recordkeeping burden for to the information collection activities latest status information on EPA/DC this collection of information is or related estimated burden and costs. services and docket access, visit https:// estimated to range between 20 and 8,182 Authority: 44 U.S.C. 3501 et seq. www.epa.gov/dockets. hours per response, depending on the FOR FURTHER INFORMATION CONTACT: details associated with the individual Dated: March 25, 2021. Michal Freedhoff, Carolyn Siu, Mission Support Division, DCIs. Burden is defined in 5 CFR Office of Program Support, (7101M), 1320.3(b). Acting Assistant Administrator, Office of Chemical Safety and Pollution Prevention. Environmental Protection Agency, 1200 The ICR, which is available in the Pennsylvania Ave. NW, Washington, DC [FR Doc. 2021–06608 Filed 3–30–21; 8:45 am] docket along with other related 20460; telephone number: (703) 347– materials, provides a detailed BILLING CODE 6560–50–P 1249; email address: siu.carolyn@ explanation of the collection activities epa.gov. and the burden estimate that is only briefly summarized here: ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: AGENCY Respondents/affected entities: Entities I. What information is EPA particularly potentially affected by this ICR are [EPA–HQ–OPP–2020–0692; FRL–10019–41] interested in? pesticide registrants and are identified by the North American Industrial Agency Information Collection Pursuant to PRA section 3506(c)(2)(A) Classification System (NAICS) code Activities; Proposed Renewal of an (44 U.S.C. 3506(c)(2)(A)), EPA 325320, Pesticide and Other Existing Collection and Comment specifically solicits comments and Agricultural Chemical Manufacturing. Request; Pesticide Environmental information to enable it to: Respondent’s obligation to respond: Stewardship Program Annual 1. Evaluate whether the proposed Mandatory under FIFRA section Measures Reporting collection of information is necessary 3(c)(2)(B). for the proper performance of the Estimated total number of potential AGENCY: Environmental Protection functions of the Agency, including respondents: 122. Agency (EPA). whether the information will have Frequency of response: On occasion. ACTION: Notice. practical utility. Estimated total annual burden hours: 2. Evaluate the accuracy of the SUMMARY: In compliance with the 1,091,617 hours. Agency’s estimates of the burden of the Estimated total annual cost: Paperwork Reduction Act (PRA), this proposed collection of information, $84,846,448. document announces that the including the validity of the Environmental Protection Agency (EPA) methodology and assumptions used. III. Are there changes in the estimates is planning to submit an information 3. Enhance the quality, utility, and from the last approval? collection request (ICR) to the Office of clarity of the information to be There is an increase of 465,948 hours Management and Budget (OMB). The collected. in the total estimated respondent ICR, entitled: ‘‘Pesticide Environmental 4. Minimize the burden of the burden compared with that identified in Stewardship Program Annual Measures collection of information on those who the ICR that was approved by OMB. Reporting’’ and identified by EPA ICR are to respond, including through the This increase reflects EPA’s correction No. 2415.04 and OMB Control No. use of appropriate automated electronic, of a clerical error associated with the 2070–0188, represents the renewal of an mechanical, or other technological approved hours entered into the existing ICR that is scheduled to expire collection techniques or other forms of tracking system (causing a burden of on October 31, 2021. Before submitting information technology, e.g., permitting 58,206 hours to be approved rather than the ICR to OMB for review and electronic submission of responses. In the 625,669 burden hours requested in approval, EPA is soliciting comments on particular, EPA is requesting comments the submitted ICR), and an increase in specific aspects of the proposed from very small businesses (those that the estimated DCIs issued over the next information collection that is employ less than 25) on examples of three years from 663 to 802 that will summarized in this document. The ICR specific additional efforts that EPA require data generation thus raising the and accompanying material are could make to reduce the paperwork average of DCIs issued annually from available in the docket for public review burden for very small businesses 221 to 267. Other factors include the and comment. affected by this collection. addition of high-test costs for certain DATES: Comments must be received on DCIs, and an increase in non- or before June 1, 2021. II. What information collection activity or ICR does this action apply to? government wage rates. This is increase ADDRESSES: Submit your comments, qualifies as an adjustment. identified by docket identification (ID) Title: Pesticide Environmental In addition, OMB has requested that number EPA–HQ–OPP–2020–0692, by Stewardship Program Annual Measures EPA move towards using the 18- using the Federal eRulemaking Portal at Reporting. question format for ICR Supporting http://www.regulations.gov. Follow the ICR number: EPA ICR No. 2415.04. Statements used by other federal online instructions for submitting OMB control number: OMB Control agencies and departments and is based comments. Do not submit electronically No. 2070–0188. on the submission instructions any information you consider to be ICR status: The existing ICR is established by OMB in 1995, replacing Confidential Business Information (CBI) currently scheduled to expire on the alternate format developed by EPA or other information whose disclosure is October 31, 2021. An Agency may not and OMB prior to 1995. EPA intends to restricted by statute. conduct or sponsor, and a person is not update this Supporting Statement Due to the public health concerns required to respond to, a collection of during the comment period to reflect the related to COVID–19, the EPA Docket information, unless it displays a 18-question format, and has included Center (EPA/DC) and Reading Room is currently valid OMB control number. the questions in an attachment to this closed to visitors with limited The OMB control numbers for EPA’s VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16721 regulations in title 40 of the Code of maintenance and operational costs for FARM CREDIT ADMINISTRATION Federal Regulations (CFR), after this information collection. appearing in the Federal Register when Sunshine Act Meetings approved, are listed in 40 CFR part 9, III. Are there changes in the estimates are displayed either by publication in from the last approval? AGENCY: Farm Credit Administration Board, Farm Credit Administration. the Federal Register or by other There is an increase of 2,428 hours in appropriate means, such as on the the total estimated respondent burden ACTION: Notice, regular meeting. related collection instrument or form, if compared with the ICR currently applicable. The display of OMB control approved by OMB. This increase reflects SUMMARY: Notice is hereby given, numbers for certain EPA regulations is EPA’s updating of burden estimates for pursuant to the Government in the consolidated in 40 CFR part 9. Abstract: This ICR covers the this collection based upon historical Sunshine Act, of the forthcoming information collection activities information on the number of PESP regular meeting of the Farm Credit associated with voluntary participation members. Based on revised estimates, Administration Board. the number of IPM Promoters has in the Pesticide Environmental DATES: The regular meeting of the Board decreased, while the number of IPM Stewardship Program (PESP). The will be held April 8, 2021, from 9 a.m. program uses the information collected users has increased, and the number of until such time as the Board may to establish partner membership, National IPM users has decreased since conclude its business. Note: Because of develop stewardship strategies, measure the last ICR renewal. Although the the COVID–19 pandemic, we will progress towards stewardship goals, and estimated burden per response has not conduct the board meeting virtually. If award incentives. PESP is an EPA changed for any category, the shift in you would like to observe the open partnership program that encourages the membership types has resulted in a net portion of the virtual meeting, see use of integrated pest management increase in the overall burden. instructions below for board meeting (IPM) strategies to reduce pests and In addition, OMB has requested that visitors. pesticide risks. IPM is an approach that EPA move towards using the 18- involves making the best choices from question format for ICR Supporting ADDRESSES: To observe the open portion among a series of Pest management Statements used by other federal of the virtual meeting, go to FCA.gov, practices that are both economical and agencies and departments and is based select ‘‘Newsroom,’’ then ‘‘Events.’’ pose the least possible hazard to people, on the submission instructions There you will find a description of the property, and the environment. established by OMB in 1995, replacing meeting and a link to ‘‘Instructions for PESP member includes pesticide end- the alternate format developed by EPA board meeting visitors.’’ See users and organizations which focus on and OMB prior to 1995. EPA intends to SUPPLEMENTARY INFORMATION for further information about attendance requests. training, educating, and/or influencing update this Supporting Statement pesticide users. To become a PESP during the comment period to reflect the FOR FURTHER INFORMATION CONTACT: Dale member, an organization submits an 18-question format, and has included Aultman, Secretary to the Farm Credit application and a five-year strategy the questions in an attachment to this Administration Board (703) 883–4009. outlining how environmental and Supporting Statement. In doing so, the TTY is (703) 883–4056. human health risk reduction goals will Agency does not expect the change in be achieved through IPM SUPPLEMENTARY INFORMATION: format to result in substantive changes implementation and/or education. The Instructions for attending the virtual to the information collection activities program encourages PESP members to meeting: Parts of this meeting of the or related estimated burden and costs. track progress towards IPM goals such Board will be open to the public, and as: reductions in unnecessary use of IV. What is the next step in the process parts will be closed. If you wish to pesticides, cost reductions, and for this ICR? observe the open portion, at least 24 knowledge shared about IPM hours before the meeting, go to FCA.gov, methodologies. Entities participating in EPA will consider the comments select ‘‘Newsroom,’’ then ‘‘Events.’’ PESP also benefit from technical received and amend the ICR as There you will find a description of the assistance, and through incentives for appropriate. The final ICR package will meeting and a link to ‘‘Instructions for achievements at different levels. then be submitted to OMB for review board meeting visitors.’’ If you need Form Numbers: EPA Form No. 9600– and approval pursuant to 5 CFR assistance for accessibility reasons or if 01, 9600–02, and 9600–03. 1320.12. EPA will issue another Federal you have any questions, contact Dale Respondents/affected entities: Entities Register document pursuant to 5 CFR Aultman, Secretary to the Farm Credit potentially affected by this ICR are 1320.5(a)(1)(iv) to announce the Administration Board, at (703) 883– pesticide user companies and submission of the ICR to OMB and the 4009. The matters to be considered at organizations, or entities that practice opportunity to submit additional the meeting are as follows: IPM or promote the use of IPM through comments to OMB. If you have any Open Session education and training. questions about this ICR or the approval Respondent’s obligation to respond: process, please contact the technical Approval of Minutes Voluntary. person listed under FOR FURTHER Estimated number of respondents: • INFORMATION CONTACT. March 11, 2021 419 (total). Frequency of response: Annual and Authority: 7 U.S.C. 136 et seq. Report on occasion. Dated: March 25, 2021. • Quarterly Report on Economic Total estimated burden: 50,093 hours Conditions and FCS Condition and (per year). Burden is defined at 5 CFR Michal Freedhoff, Performance 1320.03(b) Acting Assistant Administrator, Office of Total estimated cost: $3,501,544 (per Chemical Safety and Pollution Prevention. New Business year). This is the estimated burden cost; [FR Doc. 2021–06589 Filed 3–30–21; 8:45 am] • there are no capital investment or BILLING CODE 6560–50–P Collateral Evaluation—Proposed Rule VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16722 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices Closed Session advise the contact listed below as soon collection serves the public interest by • Office of Examination Quarterly as possible. ensuring that the Commission and Report 1 ADDRESSES: Direct all PRA comments to public have necessary information about satellite applicants’ plans for mitigation Dated: March 29, 2021. Cathy Williams, FCC, via email to PRA@ fcc.gov and to [email protected]. of orbital debris. Dale Aultman, Specifically, FCC 20–54 contains the FOR FURTHER INFORMATION CONTACT: For Secretary, Farm Credit Administration Board. new or modified information collection additional information about the [FR Doc. 2021–06762 Filed 3–29–21; 4:15 pm] requirements listed below, applicable to information collection, contact Cathy BILLING CODE 6705–01–P applicants seeking experimental Williams at (202) 418–2918. licenses for satellite operations under SUPPLEMENTARY INFORMATION: part 5 of the Commission’s rules, as well OMB Control Number: 3060–1013. FEDERAL COMMUNICATIONS as to license grantees under part 97 Title: Mitigation of Orbital Debris. COMMISSION submitting notifications to the Form Number: N/A. Commission prior to launch of a [OMB 3060–1013; FRS 18114] Type of Review: Revision of an satellite amateur station: existing collection. (1) Existing disclosure requirements Information Collection Being Reviewed Respondents: Business or other for- have been revised to include specific by the Federal Communications profit entities, not-for-profit institutions. metrics in several areas, including: Commission Number of Respondents: 46 Probability that the space stations will AGENCY: Federal Communications respondents; 46 responses. become a source of debris by collision Commission. Estimated Time per Response: 8 with small debris and meteoroids that hours. ACTION: Notice and request for would cause loss of control and prevent Frequency of Response: On occasion comments. disposal; probability of collision reporting requirement. between any non-geostationary orbit SUMMARY: As part of its continuing effort Obligation to Respond: Required to (NGSO) space station and other large to reduce paperwork burdens, and as obtain or retain benefits. The statutory objects; and casualty risk associated required by the Paperwork Reduction authority for this information collection with any individual spacecraft that will Act of 1995 (PRA), the Federal is contained in 47 U.S.C. 151, 154(i), be disposed by atmospheric re-entry. Communications Commission (FCC or 301, 303, 307, 308, 309, and 310. (2) Where relevant, the disclosures Commission) invites the general public Total Annual Burden: 368 hours. must include the following: Use of and other Federal agencies to take this Annual Cost Burden: $88,550. separate deployment devices, distinct opportunity to comment on the Privacy Act Impact Assessment: No from the space station launch vehicle, following information collections. impact(s). that may become a source of orbital Comments are requested concerning: Nature and Extent of Confidentiality: debris; potential release of liquids that Whether the proposed collection of In general, there is no need for will persist in droplet form; and any information is necessary for the proper confidentiality with this collection of planned proximity operations and performance of the functions of the information. debris generation that will or may result Commission, including whether the Needs and Uses: On April 24, 2020, from the proposed operations, including information shall have practical utility; the Commission released a Report and any planned release of debris, the risk the accuracy of the Commission’s Order, FCC 20–54, IB Docket No. 18– of accidental explosions, the risk of burden estimate; ways to enhance the 313, titled ‘‘Mitigation of Orbital Debris accidental collision, and measures taken quality, utility, and clarity of the in the New Space Age’’ (Orbital Debris to mitigate those risks. information collected; ways to minimize Report and Order). In this Orbital Debris (3) The existing disclosure the burden of the collection of Report and Order, the Commission requirement to analyze potential information on the respondents, updated its rules related to orbital collision risk associated with space including the use of automated debris mitigation, including application station(s) orbits has been modified to collection techniques or other forms of requirements. The new rules are specify that the disclosure identify information technology; and ways to designed to ensure that the characteristics of the space station(s)’ further reduce the information Commission’s actions concerning radio orbits that may present a collision risk, collection burden on small business communications, including licensing including any planned and/or concerns with fewer than 25 employees. U.S. spacecraft and granting access to operational space stations in those The FCC may not conduct or sponsor a the U.S. market for non-U.S. spacecraft, orbits, and indicate what steps, if any, collection of information unless it mitigate the growth of orbital debris, have been taken to coordinate with the displays a currently valid Office of while at the same time not creating other spacecraft or system, or what other Management and Budget (OMB) control undue regulatory obstacles to new measures the operator plans to use to number. No person shall be subject to satellite ventures. The action will help avoid collision. any penalty for failing to comply with to ensure that Commission decisions are (4) For NGSO space stations that will a collection of information subject to the consistent with the public interest in transit through the orbits used by any PRA that does not display a valid OMB space remaining viable for future inhabitable spacecraft, including the control number. satellites and systems and the many International Space Station, the DATES: Written PRA comments should services that those systems provide to disclosure must include the design and be submitted on or before June 1, 2021. the public. The rule revisions also operational strategies, if any, that will If you anticipate that you will be provide additional detail to applicants be used to minimize the risk of collision submitting comments but find it on what information is expected under and avoid posing any operational difficult to do so within the period of the Commission’s rules, which can help constraints to the inhabitable spacecraft. time allowed by this notice, you should to increase certainty in the application (5) The disclosure must include a filing process. While this information certification that upon receipt of a space 1Closed session is exempt pursuant to 5 U.S.C. collection represents an overall increase situational awareness conjunction 552b(c)(8) and (9). in the burden hours, the information warning, the operator will review and VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16723 take all possible steps to assess the ACTION: Notice and request for when the list of FCC ICRs currently collision risk, and will mitigate the comments. under review appears, look for the Title collision risk if necessary. As of this ICR and then click on the ICR appropriate, steps to assess and mitigate SUMMARY: As part of its continuing effort Reference Number. A copy of the FCC the collision risk should include, but are to reduce paperwork burdens, as submission to OMB will be displayed. required by the Paperwork Reduction not limited to: Contacting the operator SUPPLEMENTARY INFORMATION: As part of Act (PRA) of 1995, the Federal of any active spacecraft involved in its continuing effort to reduce Communications Commission (FCC or such a warning; sharing ephemeris data paperwork burdens, as required by the the Commission) invites the general and other appropriate operational Paperwork Reduction Act (PRA) of 1995 public and other Federal Agencies to information with any such operator; and (44 U.S.C. 3501–3520), the FCC invited take this opportunity to comment on the modifying space station attitude and/or the general public and other Federal following information collection. operations. Agencies to take this opportunity to Pursuant to the Small Business (6) For NGSO space stations the comment on the following information Paperwork Relief Act of 2002, the FCC disclosure must describe the extent of collection. Comments are requested seeks specific comment on how it might satellite maneuverability. concerning: (a) Whether the proposed ‘‘further reduce the information (7) The disclosure must address collection of information is necessary collection burden for small business trackability of the space station(s). For for the proper performance of the concerns with fewer than 25 NGSO space stations the disclosure functions of the Commission, including employees.’’ must also include: (a) How the operator whether the information shall have The Commission may not conduct or plans to identify the space station(s) practical utility; (b) the accuracy of the sponsor a collection of information following deployment and whether the Commission’s burden estimates; (c) unless it displays a currently valid space station tracking will be active or ways to enhance the quality, utility, and Office of Management and Budget passive; (b) whether, prior to clarity of the information collected; and (OMB) control number. No person shall deployment the space station(s) will be (d) ways to minimize the burden of the be subject to any penalty for failing to registered with the 18th Space Control collection of information on the comply with a collection of information Squadron or successor entity; and (c) respondents, including the use of subject to the PRA that does not display the extent to which the space station automated collection techniques or a valid OMB control number. operator plans to share information other forms of information technology. regarding initial deployment, DATES: Written comments and Pursuant to the Small Business ephemeris, and/or planned maneuvers recommendations for the proposed Paperwork Relief Act of 2002, Public with the 18th Space Control Squadron information collection should be Law 107–198, see 44 U.S.C. 3506(c)(4), or successor entity, other entities that submitted on or before April 30, 2021. the FCC seeks specific comment on how engage in space situational awareness or ADDRESSES: Comments should be sent to it might ‘‘further reduce the information space traffic management functions, www.reginfo.gov/public/do/PRAMain. collection burden for small business and/or other operators. Find this particular information concerns with fewer than 25 (8) For NGSO space stations, collection by selecting ‘‘Currently under employees.’’ additional disclosures must be provided 30-day Review—Open for Public OMB Control Number: 3060–0298. regarding spacecraft disposal, including, Comments’’ or by using the search Title: Part 61, Tariffs (Other than the for some space stations, a demonstration function. Your comment must be Tariff Review Plan). that the probability of success of the submitted into www.reginfo.gov per the Form Number: N/A. chosen disposal method is 0.9 or greater above instructions for it to be Type of Review: Revision of a for any individual space station, and for considered. In addition to submitting in currently approved collection. multi-satellite systems, a demonstration www.reginfo.gov also send a copy of Respondents: Business or other for- including additional information your comment on the proposed profit entities. regarding efforts to achieve a higher information collection to Nicole Ongele, Number of Respondents and probability of success. FCC, via email to [email protected] and to Responses: 2,925 respondents; 9,585 These information collection [email protected]. Include in the responses. requirements are contained in 47 CFR comments the OMB control number as Estimated Time per Response: 1–50 5.64 and 47 CFR 97.207. shown in the SUPPLEMENTARY hours. INFORMATION Federal Communications Commission. below. Frequency of Response: On occasion, Marlene Dortch, FOR FURTHER INFORMATION CONTACT: For annual, biennial, and one-time reporting Secretary, Office of the Secretary. additional information or copies of the requirements. information collection, contact Nicole Obligation to Respond: Required to [FR Doc. 2021–06548 Filed 3–30–21; 8:45 am] Ongele at (202) 418–2991. To view a obtain or retain benefits. Statutory BILLING CODE 6712–01–P copy of this information collection authority for this information collection request (ICR) submitted to OMB: (1) Go is contained in 47 U.S.C. Sections 151– FEDERAL COMMUNICATIONS to the web page http://www.reginfo.gov/ 155, 201–205, 208, 251–271, 403, 502 COMMISSION public/do/PRAMain, (2) look for the and 503 of the Communications Act of section of the web page called 1934 (Act), as amended. ‘‘Currently Under Review,’’ (3) click on Total Annual Burden: 244,477 hours. [OMB 3060–0298, OMB 3060–1198; FRS the downward-pointing arrow in the Total Annual Cost: $1,584,000. 18105] ‘‘Select Agency’’ box below the Privacy Act Impact Assessment: No Information Collections Being ‘‘Currently Under Review’’ heading, (4) impact(s). Submitted for Review and Approval to select ‘‘Federal Communications Nature and Extent of Confidentiality: Office of Management and Budget Commission’’ from the list of agencies Respondents are not being asked to presented in the ‘‘Select Agency’’ box, submit confidential information to the AGENCY: Federal Communications (5) click the ‘‘Submit’’ button to the Commission. If the Commission Commission. right of the ‘‘Select Agency’’ box, (6) requests respondents to submit VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16724 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices information which respondents believe Privacy Act Impact Assessment: No FEDERAL ELECTION COMMISSION are confidential, respondents may impact(s). [NOTICE 2021–06] request confidential treatment of such Nature and Extent of Confidentiality: information under 47 CFR 0.459 of the There is no need for confidentiality. Filing Dates for the Ohio Special Commission’s rules. Needs and Uses: Section 90.525 of the Elections in the 11th Congressional Needs and Uses: On October 9, 2020, District the Commission released the 8YY (toll Commission’s rules requires approval of free) Access Charge Reform Order, FCC license applications for Interoperability AGENCY: Federal Election Commission. 20–143, that transitions intercarrier channels in the 769–775 MHz and 799– ACTION: Notice of filing dates for special compensation for toll free services 805 MHz frequency bands by state-level election. either to lower, uniform rate caps or to agency or organization responsible for SUMMARY: Ohio has scheduled special bill-and-keep over approximately three administering emergency elections on August 3, 2021, and years as a means of curtailing abuse of communications. Section 90.529 of the November 2, 2021, to fill the U.S. House the 8YY intercarrier compensation Commission’s rules provides that each of Representatives seat in the 11th regime. The Order requires price cap state license will be granted subject to Congressional District vacated by and rate-of-return carriers to establish the condition that the state certifies on Representative Marcia L. Fudge. separate rate elements for certain or before each applicable benchmark Committees required to file reports in interstate and intrastate toll free and date that it is providing or prepared to connection with the Special Primary non-toll free services. Carriers are also provide ‘‘substantial service.’’ Section Election on August 3, 2021, shall file a required to lower their 8YY database 90.531 of the Commission’s rules sets 12-day Pre-Primary Report. Committees query charges over three years, and are forth the band plan for the 769–775 required to file reports in connection prohibited from charging for more than MHz and 799–805 MHz public safety with both the Special Primary and one query per call. Competitive LECs bands. This section covers channel Special General Election on November assessing a tariffed intrastate or designations for base and mobile use, 2, 2021, shall file a 12-day Pre-Primary, interstate Toll Free Database Query narrowband segments, combined a 12-day Pre-General, and a 30-day Post- Charge must cap such charges and channels, channel pairing, internal General Report. revise their tariffs to ensure that those guard band, and broadband. FOR FURTHER INFORMATION CONTACT: Ms. charges do not exceed the rates charged Elizabeth S. Kurland, Information by the competing incumbent LEC. Narrowband general use channels, Division, 1050 First Street NE, The information collected through including the former narrowband Washington, DC 20463; Telephone: carriers’ tariffs is used by the reserve channels, and low power (202) 694–1100; Toll Free (800) 424– Commission and state commissions to channels require regional planning 9530. determine whether services offered are committee concurrence and narrowband just and reasonable, as the Act requires. air-ground channels require state or SUPPLEMENTARY INFORMATION: regional planning committee The tariffs and any supporting Principal Campaign Committees documentation are examined in order to concurrence. determine if the services are offered in All principal campaign committees of Commission staff will use the candidates who participate in the Ohio a just and reasonable manner. information to assign licenses for OMB Control Number: 3060–1198. Special Primary and Special General interoperability and General Use Elections shall file a 12-day Pre-Primary Title: Section 90.525, Administration channels, as well as renewal of State of Interoperability Channels; Section Report on July 22, 2021; a 12-day Pre- licenses. The information will also be General Report on October 21, 2021; and 90.529, State Licenses; and Section used to determine whether prospective 90.531, Band Plan. a 30-day Post-General Report on licensees operate in compliance with December 2, 2021. (See charts below for Form No.: N/A. the Commission’s rules. Without such the closing date for each report.) Type of Review: Revision of a information, the Commission could not Note that these reports are in addition currently approved collection. accommodate State interoperability or to the campaign committee’s regular Respondents: State, local or tribal regional planning requirements or quarterly filings. (See charts below for government, and Not-for-profit provide for the efficient use of State the closing date for each report). institutions. frequencies. This information collection Number of Respondents and Unauthorized Committees (PACs and Responses: 2,230 respondents; 2,230 includes rules to govern the operation Party Committees) and licensing of 700 MHz band systems responses. Political committees not filing to ensure that licensees continue to Estimated Time per Response: 1 monthly in 2021 are subject to special fulfill their statutory responsibilities in hour–2 hours. election reporting if they make accordance with the Communications Frequency of Response: On occasion previously undisclosed contributions or reporting and one-time reporting Act of 1934, as amended. Such expenditures in connection with the requirements; third party disclosure. information will continue to be used to Ohio Special Primary or Special General Obligation to Respond: Required to verify that applicants are legally and Elections by the close of books for the obtain or retain benefits. Statutory technically qualified to hold licenses, applicable report(s). (See charts below authority for this collection of and to determine compliance with for the closing date for each report.) information is contained in sections 4(i), Commission rules. Committees filing monthly that make 11, 303(g), 303(r), and 332(c)(7) of the Federal Communications Commission. contributions or expenditures in Communications Act of 1934, as Marlene Dortch, connection with the Ohio Special amended, 47 U.S.C. 154(i), 161, 303(g), Primary or Special General Elections 303(r), 332(c)(7), unless otherwise Secretary, Office of the Secretary. will continue to file according to the noted. [FR Doc. 2021–06547 Filed 3–30–21; 8:45 am] monthly reporting schedule. Total Annual Burden: 2,230 hours. BILLING CODE 6712–01–P Additional disclosure information for Total Annual Cost: No Cost. the Ohio special elections may be found VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16725 on the FEC website at https:// are otherwise required to file reports in the special election reporting periods. www.fec.gov/help-candidates-and- connection with the special elections (See charts below for closing date of committees/dates-and-deadlines/. must simultaneously file FEC Form 3L each period.) 11 CFR 104.22(a)(5)(v), (b), Disclosure of Lobbyist Bundling if they receive two or more bundled 110.17(e)(2), (f). Activity contributions from lobbyists/registrants or lobbyist/registrant PACs that Principal campaign committees, party aggregate in excess of $19,300 during committees and leadership PACs that CALENDAR OF REPORTING DATES FOR OHIO SPECIAL ELECTIONS Reg./cert. & Report Close of books 1 overnight mailing Filing deadline deadline Campaign Committees Involved in Only the Special Primary (08/03/2021) Must File: July Quarterly ...... ---- WAIVED ---- Pre-Primary ...... 07/14/2021 07/19/2021 07/22/2021 October Quarterly ...... 09/30/2021 10/15/2021 10/15/2021 PACs and Party Committees Not Filing Monthly Involved in Only the Special Primary (08/03/2021) Must File: Pre-Primary ...... 07/14/2021 07/19/2021 07/22/2021 Mid-Year ...... ---- WAIVED ---- ...... Year-End ...... 12/31/2021 01/31/2022 01/31/2022 Campaign Committees Involved in Both the Special Primary (08/03/2021) and Special General (11/02/2021) Must File: July Quarterly ...... ---- WAIVED ---- ...... Pre-Primary ...... 07/14/2021 07/19/2021 07/22/2021 October Quarterly ...... ---- WAIVED ---- ...... Pre-General ...... 10/13/2021 10/18/2021 10/21/2021 Post-General ...... 11/22/2021 12/02/2021 12/02/2021 Year-End ...... 12/31/2021 01/31/2022 01/31/2022 PACs and Party Committees Not Filing Monthly Involved in Both the Special Primary (08/03/2021) and the Special General (11/02/2021) Must File: Pre-Primary ...... 07/14/2021 07/19/2021 07/22/2021 Mid-Year ...... ---- WAIVED ---- ...... Pre-General ...... 10/13/2021 10/18/2021 10/21/2021 Post-General ...... 11/22/2021 12/02/2021 12/02/2021 Year-End ...... 12/31/2021 01/31/2022 01/31/2022 Campaign Committees Involved in Only the Special General (11/02/2021) Must File: July Quarterly ...... 06/30/2021 07/15/2021 07/15/2021 October Quarterly ...... ---- WAIVED ---- ...... Pre-General ...... 10/13/2021 10/18/2021 10/21/2021 Post-General ...... 11/22/2021 12/02/2021 12/02/2021 Year-End ...... 12/31/2021 01/31/2022 01/31/2022 PACs and Party Committees Not Filing Monthly Involved in Only the Special General (11/02/2021) Must File: Mid-Year ...... 06/30/2021 07/31/2021 07/31/2021 2 Pre-General ...... 10/13/2021 10/18/2021 10/21/2021 Post-General ...... 11/22/2021 12/02/2021 12/02/2021 Year-End ...... 12/31/2021 01/31/2022 01/31/2022 1 The reporting period always begins the day after the closing date of the last report filed. If the committee is new and has not previously filed a report, the first report must cover all activity that occurred before the committee registered as a political committee up through the close of books for the first report due. 2 Notice that this filing deadline falls on a weekend. Filing deadlines are not extended when they fall on nonworking days. Accordingly, reports filed by methods other than registered, certified or overnight mail must be received by close of business on the last business day before the deadline. Dated: March 26, 2021. FEDERAL ELECTION COMMISSION ACTION: Notice of filing dates for special On behalf of the Commission. election. [NOTICE 2021–05] Shana M. Broussard, Chair, Federal Election Commission. Filing Dates for the New Mexico SUMMARY: New Mexico has scheduled a Special General Election on June 1, [FR Doc. 2021–06604 Filed 3–30–21; 8:45 am] Special Election in the 1st Congressional District 2021, to fill the U.S. House of BILLING CODE 6715–01–P Representatives seat in the 1st AGENCY: Federal Election Commission. Congressional District vacated by VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16726 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices Representative Debra A. Haaland. Note that these reports are in addition Additional disclosure information for Committees participating in the New to the campaign committee’s regular the New Mexico special election may be Mexico special election are required to quarterly filings. (See charts below for found on the FEC website at https:// file pre- and post-election reports. the closing date for each report.) www.fec.gov/help-candidates-and- FOR FURTHER INFORMATION CONTACT: Ms. Unauthorized Committees (PACs and committees/dates-and-deadlines/. Elizabeth S. Kurland, Information Party Committees) Disclosure of Lobbyist Bundling Division, 1050 First Street NE, Political committees not filing Activity Washington, DC 20463; Telephone: monthly in 2021 are subject to special (202) 694–1100; Toll Free (800) 424– election reporting if they make Principal campaign committees, party 9530. previously undisclosed contributions or committees and leadership PACs that SUPPLEMENTARY INFORMATION: expenditures in connection with the are otherwise required to file reports in New Mexico Special General by the connection with the New Mexico Principal Campaign Committees close of books for the applicable Special General must simultaneously All principal campaign committees of report(s). (See charts below for the file FEC Form 3L if they receive two or candidates who participate in the New closing date for each report.) more bundled contributions from Mexico Special General Election shall Committees filing monthly that make lobbyists/registrants or lobbyist/ file a 12-day Pre-General Report on May contributions or expenditures in registrant PACs that aggregate in excess 20, 2021, and a 30-day Post-General connection with the New Mexico of $19,300 during the special election Report on July 1, 2021. (See charts Special General will continue to file reporting periods. (See charts below for below for the closing date for each according to the monthly reporting closing date of each period.) 11 CFR report.) schedule. 104.22(a)(5)(v), (b), 110.17(e)(2), (f). CALENDAR OF REPORTING DATES FOR NEW MEXICO SPECIAL ELECTION Reg./cert. & Report Close of books 1 overnight mailing Filing deadline deadline Campaign Committees Involved in the Special General (06/01/2021) Must File: Pre-General ...... 05/12/2021 05/17/2021 05/20/2021 Post-General ...... 06/21/2021 07/01/2021 07/01/2021 July Quarterly ...... 06/30/2021 07/15/2021 07/15/2021 PACs and Party Committees Not Filing Monthly Involved in the Special General (06/01/2021) Must File: Pre-General ...... 05/12/2021 05/17/2021 05/20/2021 Post-General ...... 06/21/2021 07/01/2021 07/01/2021 Mid-Year ...... 06/30/2021 07/31/2021 07/31/2021 2 1 The reporting period always begins the day after the closing date of the last report filed. If the committee is new and has not previously filed a report, the first report must cover all activity that occurred before the committee registered as a political committee up through the close of books for the first report due. 2 Notice that this filing deadline falls on a weekend. Filing deadlines are not extended when they fall on nonworking days. Accordingly, reports filed by methods other than registered, certified or overnight mail must be received by close of business on the last business day before the deadline. Dated: March 26, 2021. Federal Register. Copies of agreements Agreement Name: Agreement by On behalf of the Commission. are available through the Commission’s Ocean Common Carriers to Use Shana M. Broussard, website (www.fmc.gov) or by contacting Standard Service Contract Terms. Chair, Federal Election Commission. the Office of Agreements at (202)–523– Parties: CMA CGM SA; Hapag-Lloyd [FR Doc. 2021–06605 Filed 3–30–21; 8:45 am] 5793 or [email protected]. AG; COSCO Shipping Lines Co., Ltd.; BILLING CODE 6715–01–P Agreement No.: 201234–005. COSCO Shipping Co., Ltd.; Maersk A/S; Agreement Name: Agreement by HMM Company Limited; Orient Ocean Common Carriers to Participate Overseas Container Line Limited and FEDERAL MARITIME COMMISSION on the Exchange Board. OOCL (Europe) Limited (acting as a Parties: CMA CGM SA; Hapag-Lloyd single party) and Ocean Network Notice of Agreements Filed AG; COSCO Shipping Lines Co., Ltd.; Express Pte. Ltd. COSCO Shipping Co., Ltd.; Maersk A/S; Filing Party: Elizabeth Lowe; Venable The Commission hereby gives notice LLP. of the filing of the following agreements HMM Company Limited; and Ocean Network Express Pte. Ltd. Synopsis: The amendment updates under the Shipping Act of 1984. the name of HMM Company Limited. Filing Party: Elizabeth Lowe; Venable Interested parties may submit Proposed Effective Date: 5/6/2021. comments, relevant information, or LLP. Location: https://www2.fmc.gov/ documents regarding the agreements to Synopsis: The amendment updates FMC.Agreements.Web/Public/ the Secretary by email at Secretary@ the name of HMM Company Limited. AgreementHistory/2065. fmc.gov, or by mail, Federal Maritime Proposed Effective Date: 5/6/2021. Agreement No.: 012094–001. Commission, Washington, DC 20573. Location: https://www2.fmc.gov/ Agreement Name: Tropical/United Comments will be most helpful to the FMC.Agreements.Web/Public/ Abaco Slot Charter Agreement. Commission if received within 12 days AgreementHistory/2064. Parties: Tropical Shipping & of the date this notice appears in the Agreement No.: 201235–005. Construction Company Limited LLC and VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16727 United Abaco Shipping Company standards enumerated in the BHC Act Comments regarding each of these Limited. (12 U.S.C. 1842(c)). applications must be received at the Filing Party: Neal Mayer; Hoppel, Comments regarding each of these Reserve Bank indicated or the offices of Mayer & Coleman. applications must be received at the the Board of Governors, Ann E. Synopsis: The amendment changes Reserve Bank indicated or the offices of Misback, Secretary of the Board, 20th the name of Tropical Shipping. the Board of Governors, Ann E. Street and Constitution Avenue NW, Proposed Effective Date: 3/24/2021. Misback, Secretary of the Board, 20th Washington DC 20551–0001, not later Location: https://www2.fmc.gov/ Street and Constitution Avenue NW, than April 29, 2021. FMC.Agreements.Web/Public/ Washington DC 20551–0001, not later A. Federal Reserve Bank of Atlanta AgreementHistory/359. than April 29, 2021. (Kathryn Haney, Assistant Vice Agreement No.: 012222–001. A. Federal Reserve Bank of St. Louis President) 1000 Peachtree Street, NE, Agreement Name: Crowley/America (Holly A. Rieser, Manager) P.O. Box 442, Atlanta, Georgia 30309. Comments can Cruise Ferries, Inc. Space Charter and St. Louis, Missouri 63166–2034. also be sent electronically to Sailing Agreement. Comments can also be sent [email protected]: Parties: Crowley Latin America electronically to 1. Catalyst Bancorp, Inc., Opelousas, Services, LLC and America Cruise [email protected]: Louisiana; to become a savings and loan Ferries, Inc. 1. The McGehee Bank Employee Stock holding company by acquiring St. Filing Party: Wayne Rohde; Cozen Ownership Plan, McGehee, Arkansas; to Landry Homestead Federal Savings O’Connor. acquire additional voting shares of up to Bank, Opelousas, Louisiana, in Synopsis: The amendment deletes the 35 percent of Southeast Financial connection with the mutual-to-stock space/cargo commitment in Article 5(a) Bankstock Corporation, and thereby conversion of St. Landry Homestead and corrects a typographical error in indirectly acquire voting shares of Federal Savings Bank. McGehee Bank, both of McGehee, Article 1. Board of Governors of the Federal Reserve Proposed Effective Date: 3/23/2021. Arkansas. System, March 25, 2021. Location: https://www2.fmc.gov/ Board of Governors of the Federal Reserve Michele Taylor Fennell, System, March 25, 2021. FMC.Agreements.Web/Public/ Deputy Associate Secretary of the Board. Michele Taylor Fennell, AgreementHistory/271. [FR Doc. 2021–06525 Filed 3–30–21; 8:45 am] Deputy Associate Secretary of the Board. Dated: March 26, 2021. BILLING CODE P Rachel E. Dickon, [FR Doc. 2021–06524 Filed 3–30–21; 8:45 am] Secretary. BILLING CODE P [FR Doc. 2021–06629 Filed 3–30–21; 8:45 am] FEDERAL RESERVE SYSTEM BILLING CODE 6730–02–P FEDERAL RESERVE SYSTEM Agency Information Collection Activities: Announcement of Board Formations of, Acquisitions by, and Approval Under Delegated Authority FEDERAL RESERVE SYSTEM Mergers of Savings and Loan Holding and Submission to OMB Companies Formations of, Acquisitions by, and AGENCY: Board of Governors of the Mergers of Bank Holding Companies The companies listed in this notice Federal Reserve System. have applied to the Board for approval, SUMMARY: The Board of Governors of the The companies listed in this notice pursuant to the Home Owners’ Loan Act Federal Reserve System (Board) is have applied to the Board for approval, (12 U.S.C. 1461 et seq.) (HOLA), adopting a proposal to extend for three pursuant to the Bank Holding Company Regulation LL (12 CFR part 238), and years, with revision, the Application for Act of 1956 (12 U.S.C. 1841 et seq.) Regulation MM (12 CFR part 239), and Employment with the Board of (BHC Act), Regulation Y (12 CFR part all other applicable statutes and Governors of the Federal Reserve 225), and all other applicable statutes regulations to become a savings and System (FR 28; OMB No. 7100–0181). and regulations to become a bank loan holding company and/or to acquire holding company and/or to acquire the the assets or the ownership of, control DATES: The revisions are applicable as of assets or the ownership of, control of, or of, or the power to vote shares of a April 30, 2021. the power to vote shares of a bank or savings association. FOR FURTHER INFORMATION CONTACT: bank holding company and all of the The public portions of the Federal Reserve Board Clearance banks and nonbanking companies applications listed below, as well as Officer—Nuha Elmaghrabi—Office of owned by the bank holding company, other related filings required by the the Chief Data Officer, Board of including the companies listed below. Board, if any, are available for Governors of the Federal Reserve The public portions of the immediate inspection at the Federal System, Washington, DC 20551, (202) applications listed below, as well as Reserve Bank(s) indicated below and at 452–3829. Office of Management and other related filings required by the the offices of the Board of Governors. Budget (OMB) Desk Officer—Shagufta Board, if any, are available for This information may also be obtained Ahmed—Office of Information and immediate inspection at the Federal on an expedited basis, upon request, by Regulatory Affairs, Office of Reserve Bank(s) indicated below and at contacting the appropriate Federal Management and Budget, New the offices of the Board of Governors. Reserve Bank and from the Board’s Executive Office Building, Room 10235, This information may also be obtained Freedom of Information Office at 725 17th Street NW, Washington, DC on an expedited basis, upon request, by https://www.federalreserve.gov/foia/ 20503, or by fax to (202) 395–6974. contacting the appropriate Federal request.htm. Interested persons may SUPPLEMENTARY INFORMATION: On June Reserve Bank and from the Board’s express their views in writing on 15, 1984, OMB delegated to the Board Freedom of Information Office at whether the proposed transaction authority under the PRA to approve and https://www.federalreserve.gov/foia/ complies with the standards assign OMB control numbers to request.htm. Interested persons may enumerated in the HOLA (12 U.S.C. collections of information conducted or express their views in writing on the 1467a(e)). sponsored by the Board. Board- VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16728 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices approved collections of information are type of employment desired (e.g., no bearing on the determination of an incorporated into the official OMB permanent or temporary; full or part- applicant’s job-related qualifications inventory of currently approved time; and desired compensation). The and completion of the self-identification collections of information. The OMB Education and Training section collects form is voluntary. inventory, as well as copies of the PRA detailed information on the applicant’s The FR 28i survey comprises three Submission, supporting statements, and educational history and skills set. The sections in which research assistant approved collection of information Certifications and Professional Licenses (RA) candidates are (i) asked to rate instrument(s) are available at https:// section collects information on when an their level of interest in categories of www.reginfo.gov/public/do/PRAMain. applicant’s current certification(s) and economics and related research areas; These documents are also available on license(s) were issued and expire. The (ii) provided the option to expand upon the Federal Reserve Board’s public Employment Record section collects a certain qualifying characteristics website at https:// chronological summary of work indicated as important to the Board; and www.federalreserve.gov/apps/ experience. The References section (iii) asked to rate their experience with reportforms/review.aspx or may be collects information on three references. various software packages and statistical requested from the agency clearance The General Questions section collects programming languages. The FR 28i officer, whose name appears above. information such as criminal records; helps to streamline the RA recruitment discharges or terminations from process. Final Approval Under OMB Delegated employment; retirement annuity status The FR 28c conflicts of interest form Authority of the Extension for Three from the DC or federal governments or comprises four sections and collects Years, With Revision of the Following the military; relationships to or information from external applicants Information Collection acquaintances with Board staff or with after they have been selected for an Report title: Application for officers and directors of financial interview at the Board regarding certain Employment with the Board of institutions; and ownership interest that financial interests held by the applicant, Governors of the Federal Reserve the applicant, their spouse, or their their spouse, and their minor child(ren); System. child[ren] holds in certain financial immediate family members who are Agency form number: FR 28. institutions. involved in related businesses (e.g., OMB control number: 7100–0181. The FR 28 application form may be whether a spouse, parent, child, or Effective Date: April 30, 2021. completed online through the Taleo sibling is an employee, officer, director Frequency: As needed. submission website, or in hardcopy by or trustee of any bank); compensated Respondents: Individuals who are PDF. If the applicant completes the outside employment and seeking employment with the Board. online version of the application uncompensated positions that the Estimated number of respondents: FR through Taleo, they will initially be applicant participates in (aside from 28 (initial application only in Taleo): asked to upload a resume and to positions with religious, social, 15,000; FR 28 (initial application plus complete the first four sections of the fraternal, or political entities); and other pre-interview section in Taleo): 2,000; application; it is not until the applicant situations, arrangements, or investments FR 28 (PDF): 150; FR 28s: 7,500; FR 28i: is asked to interview that they will be the applicant believes could pose a 300; FR 28c: 2,300. instructed to complete the remaining conflict of interest based on the duties Estimated average hours per response: sections of the application. If of the position for which they are FR 28 (initial application only in Taleo): completing the PDF version of the FR 28 applying. The purpose of the FR 28c 0.25; FR 28 (initial application plus pre- application form, the applicant will fill form is to determine whether a conflict interview section in Taleo): 1; FR 28 out all seven sections in their entirety of interest exists that would impact the (PDF): 0.75; FR 28s: 0.0166; FR 28i: but may not be asked to supply a applicant’s ability to fulfill the 0.25; FR 28c: 0.5. resume. responsibilities associated with the Estimated annual burden hours: FR The FR 28s is a voluntary form that position for which they have applied. 28 (initial application only in Taleo): comprises four sections seeking the Legal authorization and 3,750; FR 28 (initial application plus following information: Name and confidentiality: The FR 28 form, the FR pre-interview section in Taleo): 2,000; gender, for which applicants are asked 28i survey, and the FR 28s form are FR 28 (PDF): 112.5; FR 28s: 124.5; FR to check either the box that corresponds authorized by Sections 10 and 11(l) of 28i: 75; FR 28c: 1,150; total: 7,212. to their gender or the box for ‘‘I do not the Federal Reserve Act, 12 U.S.C. 244 General description of report: The wish to disclose’’; the position for and 248 (1), which provide the Board Board receives approximately 17,000 FR which the applicant is applying; broad authority over employment of 28 applications per year, both solicited ethnicity self-identification, for which staff. The FR 28c form is also authorized and unsolicited, from members of the applicants are asked to choose from by Section 10 of the Federal Reserve public who would like to be considered among Hispanic or Latino, Not Hispanic Act, 12 U.S.C. 244, which provides that for employment at the Board. The FR 28 or Latino, or ‘‘I do not wish to disclose’’; the Board’s determination with respect application form comprises seven and race self-identification, for which to the ‘‘employment, compensation, sections: (I) Background, (II) Job applicants are asked to choose one or leave, and expenses [of its members and Preferences, (III) Education and more from among American Indian or employees] shall be governed solely by Training, (IV) Certifications and Alaskan Native; Asian; Black or African- the provisions of this chapter and rules Professional Licenses, (V) Employment American; Native Hawaiian or Other and regulations of the Board not Record, (VI) References, and (VII) Pacific Islander; and White or to select inconsistent therewith.’’ In addition, General Questions, including clarifying ‘‘I do not wish to disclose.’’ The Board under regulations promulgated by the comments if applicable. The uses this information to comply with Office of Government Ethics (‘‘OGE’’) Background section collects name, federal equal employment opportunity pursuant to 5 U.S.C. 7301, each address, telephone and citizenship (EEO) recordkeeping and reporting executive agency’s designated ethics information, as well as the position for requirements and other legal officer is required to provide ‘‘advice which the applicant is applying and the requirements, as well as an input to its and counseling to prospective ... applicant’s willingness to travel. The self-analysis of hiring practices. employees regarding government ethics Job Preferences section asks about the Information collected on the FR 28s has laws and regulations’’ and to ‘‘maintain VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16729 records of agency ethics program accordance with the Privacy Act’s authorization, the Board has added the activities’’ (5 CFR 2638.104(c)(2) and ‘‘routine use’’ disclosure provisions, 5 FR 28c conflicts of interest form to this (4)). U.S.C. 552a(a)(7) and (b)(3), which information collection, as it was The obligation to respond to the FR 28 permit the disclosure of a record for a previously collected pursuant to a form, the FR 28c form, and to the purpose that is compatible with the separate OMB authorization, because questions in Sections I and III of the FR purpose for which the record was the FR 28c form is associated with the 28i survey is required to obtain the collected. The routine uses that would application process. In addition, the benefit of Board employment. The permit the disclosure of the information Board has revised the FR 28 application obligation to respond to the questions in collected on each form are listed in the form to remove the three conflicts of Section II of the FR 28i survey and the specific system of records notices interest questions on the FR 28 obligation to disclose gender, race, and (SORNs) that apply to each form. For application form. Given that detailed ethnicity on the FR 28s form is the FR 28, the FR 28c, the FR 28i, and information on potential conflicts voluntary. the FR 28s, the information collected would no longer be collected on the FR Certain information provided on the will be stored in the SORN entitled 28 application form, the Board has FR 28 and the FR 28i forms may be kept ‘‘BGFRS–1, FRB—Recruiting and amended the FR 28c form to delete the confidential under exemption (b)(6) of Placement Records,’’ located here: instruction that applicants provide the Freedom of Information Act (FOIA), https://www.federalreserve.gov/files/ additional information on conflicts of which protects information in BGFRS-1-recruiting-and-placement- interest ‘‘not previously described on ‘‘personnel and medical files and records.pdf. The information collected your employment application (FR 28).’’ similar files the disclosure of which on the FR 28c will also be stored in the The Board has also revised the hardcopy would constitute a clearly unwarranted SORN titled ‘‘BGFRS–41, FRB-Ethics PDF version of the FR 28s voluntary invasion of personal privacy’’ (5 U.S.C. Program Records,’’ located here: https:// form so that, regardless of the ethnicity 552(b)(6)). For example, the release of www.federalreserve.gov/files/BGFRS-41- identified by the applicant, the information such as an applicant’s home FRB-Ethics-Program-Records.pdf. If the applicant would also be asked to address and phone number, as well as applicant is hired, the information voluntarily identify their race, in order personal information regarding the provided on the FR 28s may also be to comport with the standards set out by applicant’s references, would likely stored in the SORN titled ‘‘BGFRS–24: OMB, which aligns with the similar constitute a clearly unwarranted FRB—EEO General Files,’’ located here: form approved by OMB (the Standard invasion of personal privacy and, https://www.federalreserve.gov/files/ Form 181) and the electronic version of accordingly, would be kept confidential. BGFRS-24-eeo-general-files.pdf. the FR 28s form in the Taleo application However, the release of information Specifically, the BGFRS–1 and the submission portal. In addition, the legal such as the educational and professional BGFRS–41 SORNs provide that the authorization cited on the face of the FR qualifications of successful applicants information may be disclosed outside 28s form (both the hardcopy PDF would not likely constitute a clearly the Board in accordance with general version and the electronic version in the unwarranted invasion of personal routine uses A, B, C, D, E, F, G, H, I, and Taleo portal) would be updated to privacy and, therefore, would not be J (see ‘‘General Routine Uses of Board reflect that the collection of information treated as confidential under the FOIA. Systems of Records available at https:// is authorized pursuant to sections 10 Generally, information provided on www.federalreserve.gov/files/SORN- the FR 28c form may be kept and 11(l) of the Federal Reserve Act, 12 page-general-routine-uses-of-board- U.S.C. 244 and 238(l). The comment confidential pursuant to exemption 6 of systems-of-records.pdf). The BGFRS–24 period for this notice expired on January the FOIA. In addition, financial SORN provides that the information 25, 2021. The Board did not receive any information collected on the form (such may be disclosed outside the Board in comments. The revisions will be as confidential details about the shares accordance with general routine uses A, implemented as proposed. an applicant, their spouse, or their B, C, D, E, F, G, I, and J (see id.). The minor child owns in a bank) may be BGFRS–1 SORN also provides that all or Board of Governors of the Federal Reserve withheld under exemption 4 of the part of the record may be disclosed System, March 26, 2021. FOIA, which protects ‘‘financial outside of the Board in order to disclose Michele Taylor Fennell, information obtained from a person information to any source from which Deputy Associate Secretary of the Board. [that is] privileged and confidential’’ (5 additional information is requested (to [FR Doc. 2021–06636 Filed 3–30–21; 8:45 am] U.S.C. 552(b)(4)). Information provided the extent necessary to identify the BILLING CODE 6210–01–P on the 28s would be kept confidential individual, inform the source of the under exemption 6 of the FOIA to the purpose(s) of the request, and identify extent release of such information the type of information requested), FEDERAL RESERVE SYSTEM would constitute a clearly unwarranted when necessary to obtain information invasion of personal privacy and is not relevant to a Board decision to hire or Formations of, Acquisitions by, and otherwise required under federal law. retain an employee, issue a security Mergers of Bank Holding Companies The information collected on the FR clearance, conduct a security or 28, the FR 28c, the FR 28i, and the FR suitability investigation of an The companies listed in this notice 28s forms will be maintained in a individual, classify jobs, let a contract, have applied to the Board for approval, ‘‘system of records’’ within the meaning or issue a license, grant or other benefit. pursuant to the Bank Holding Company of the Privacy Act, 5 U.S.C. 552a(a)(5), Current actions: On November 24, Act of 1956 (12 U.S.C. 1841 et seq.) and a Privacy Act statement will 2020, the Board published a notice in (BHC Act), Regulation Y (12 CFR part accompany each of the four forms that the Federal Register (85 FR 75016) 225), and all other applicable statutes respectively comprise this information requesting public comment for 60 days and regulations to become a bank collection. The Board may disclose the on the extension, with revision, of the holding company and/or to acquire the information collected on these forms, FR 28. There are no revisions to the assets or the ownership of, control of, or including confidential information questions asked or the information the power to vote shares of a bank or withheld from the public under a FOIA collected on the FR 28i survey. bank holding company and all of the exemption, to third parties in However, as part of this OMB banks and nonbanking companies VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16730 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices owned by the bank holding company, System, Washington, DC 20551, (202) 12; Small business and small farm loan including the companies listed below. 452–3829. Office of Management and register, 113; Consumer loan data, 28; The public portions of the Budget (OMB) Desk Officer—Shagufta Other loan data, 20; and Public file and applications listed below, as well as Ahmed—Office of Information and public notice, 778. other related filings required by the Regulatory Affairs, Office of Estimated average hours per response: Board, if any, are available for Management and Budget, New Assessment area delineation, 2; Loan immediate inspection at the Federal Executive Office Building, Room 10235, data: Small business and small farm, 8; Reserve Bank(s) indicated below and at 725 17th Street NW, Washington, DC Loan data: Community development, the offices of the Board of Governors. 20503, or by fax to (202) 395–6974. 13; Loan data: HMDA out of MSA, 253; This information may also be obtained SUPPLEMENTARY INFORMATION: On June Request for designation as a wholesale on an expedited basis, upon request, by 15, 1984, OMB delegated to the Board or a limited purpose bank, 4; Request for contacting the appropriate Federal authority under the PRA to approve and strategic plan approval, 275; Affiliate Reserve Bank and from the Board’s assign OMB control numbers to lending data, 38; Data on lending by a Freedom of Information Office at collections of information conducted or consortium or a third party, 17; Small https://www.federalreserve.gov/foia/ sponsored by the Board. Board- business and small farm loan register, request.htm. Interested persons may approved collections of information are 219; Consumer loan data, 326; Other express their views in writing on the incorporated into the official OMB loan data, 25; and Public file and public standards enumerated in the BHC Act inventory of currently approved notice, 10. (12 U.S.C. 1842(c)). collections of information. The OMB Estimated annual burden hours: Comments regarding each of these inventory, as well as copies of the PRA Assessment area delineation, 234; Loan applications must be received at the Submission, supporting statements, and data: Small business and small farm, Reserve Bank indicated or the offices of approved collection of information 904; Loan data: Community the Board of Governors, Ann E. instrument(s) are available at https:// development, 1,274; Loan data: HMDA Misback, Secretary of the Board, 20th www.reginfo.gov/public/do/PRAMain. out of MSA, 29,601; Request for Street and Constitution Avenue NW, These documents are also available on designation as a wholesale or a limited Washington DC 20551–0001, not later the Federal Reserve Board’s public purpose bank, 4; Request for strategic than April 30, 2021. website at https:// plan approval, 550; Affiliate lending A. Federal Reserve Bank of New York www.federalreserve.gov/apps/ data, 190; Data on lending by a (Ivan Hurwitz, Senior Vice President) 33 reportforms/review.aspx or may be consortium or a third party, 204; Small Liberty Street, New York, New York requested from the agency clearance business and small farm loan register, 10045–0001. Comments can also be sent officer, whose name appears above. 24,747; Consumer loan data, 9,128; electronically to Other loan data, 500; and Public file and [email protected]. Final Approval Under OMB Delegated public notice, 7,780. 1. M&T Bank Corporation, Buffalo, Authority of the Extension for Three General description of report: The New York; to acquire People’s United Years, Without Revision, of the Community Reinvestment Act (CRA) Financial Inc., and thereby indirectly Following Information Collection directs the Board, the Federal Deposit acquire People’s United Bank National Report title: Reporting, Insurance Corporation, and the Office of Association, both of Bridgeport, Recordkeeping, and Disclosure the Comptroller of the Currency Connecticut. Requirements Associated with (collectively, the agencies) to evaluate Board of Governors of the Federal Reserve Regulation BB. financial institutions’ (banks and System, March 26, 2021. Agency form number: FR BB. savings associations) records of helping Michele Taylor Fennell, OMB control number: 7100–0197. to meet the credit needs of their entire Frequency: Annually. communities, including low- and Deputy Associate Secretary of the Board. Respondents: State Member Banks [FR Doc. 2021–06641 Filed 3–30–21; 8:45 am] moderate-income areas, consistent with (SMBs), with the exception of special the safe and sound operation of the BILLING CODE P purpose banks that do not perform institutions. The CRA is implemented commercial or retail banking services by through regulations issued by the granting credit to the public in the FEDERAL RESERVE SYSTEM agencies. The Board’s regulation applies ordinary course of business, other than to SMBs. Agency Information Collection as incident to their specialized Legal authorization and Activities: Announcement of Board operations. These banks include confidentiality: The FR BB is authorized Approval Under Delegated Authority bankers’ banks and banks that engage by section 806 of the CRA, which and Submission to OMB only in one or more of the following permits the Board to issue ‘‘[r]egulations activities: Providing cash management to carry out the purposes of [the AGENCY: Board of Governors of the controlled disbursement services or CRA]’’; 1 section 11 of the Federal Federal Reserve System. serving as correspondent banks, trust Reserve Act, which permits the Board to SUMMARY: The Board of Governors of the companies, or clearing agents. ‘‘require such statements and reports as Federal Reserve System (Board) is Estimated number of respondents: it deems necessary’’ of state member adopting a proposal to extend for three Assessment area delineation, 117; Loan banks; 2 and section 9 of the Federal years, without revision, the Reporting, data: Small business and small farm, Reserve Act, which permits the Board to Recordkeeping, and Disclosure 113; Loan data: Community examine state member banks.3 Requirements Associated with development, 98; Loan data: Home Most of the recordkeeping, reporting, Regulation BB (FR BB; OMB No. 7100– Mortgage Disclosure Act (HMDA) out of and disclosure requirements of 0197). Metropolitan Statistical Areas (MSA), Regulation BB are mandatory. However, FOR FURTHER INFORMATION CONTACT: 117; Request for designation as a there are several limited parts of the Federal Reserve Board Clearance wholesale or a limited purpose bank, 1; Officer—Nuha Elmaghrabi—Office of Request for strategic plan approval, 2; 1 12 U.S.C. 2905. the Chief Data Officer, Board of Affiliate lending data, 5; Data on 2 12 U.S.C. 248(a)(1). Governors of the Federal Reserve lending by a consortium or a third party, 3 12 U.S.C. 325. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16731 collection that are required to obtain a DEPARTMENT OF HEALTH AND the Declaration can be found at: https:// benefit: Specifically, the request for HUMAN SERVICES www.cdc.gov/coronavirus/2019-ncov/ designation as a wholesale or limited covid-eviction-declaration.html. purpose bank, the strategic plan, and the Centers for Disease Control and Prevention Centers for Disease Control and recordkeeping and reporting Prevention Department of Health and requirements associated with data Temporary Halt in Residential Human Services regarding consumer loans and lending Evictions To Prevent the Further Order Under Section 361 of the Public performance, affiliate lending data, and Spread of COVID–19 data on lending by a consortium or a Health Service Act (42 U.S.C. 264) and 42 Code of Federal Regulations 70.2 third party. AGENCY: Centers for Disease Control and Prevention (CDC), Department of Health Most of the information collected Temporary Halt in Residential and Human Services (HHS). under Regulation BB is not considered Evictions To Prevent the Further ACTION: Spread of COVID–19 confidential. However, if a respondent Agency order. elects to submit a strategic plan SUMMARY: The Centers for Disease Summary pursuant to 12 CFR 228.27, the Control and Prevention (CDC), located Subject to the limitations under respondent may submit additional within the Department of Health and ‘‘Applicability,’’ a landlord, owner of a information to the Board relating to the Human Services (HHS) announces the residential property, or other person 1 strategic plan on a confidential basis, so extension of an Order under Section 361 with a legal right to pursue eviction or long as the goals in the plan are of the Public Health Service Act to possessory action, shall not evict any sufficiently specific to enable the public temporarily halt residential evictions to covered person from any residential and the Board to judge the merits of the prevent the further spread of COVID–19. property in any jurisdiction to which plan. The Board will determine whether DATES: This Order is effective April 1, this Order applies during the effective the additional information is entitled to 2021 through June 30, 2021. period of the Order. confidential treatment on a case-by-case FOR FURTHER INFORMATION CONTACT: Definitions basis. Tiffany Brown, Acting Deputy Chief of ‘‘Available government assistance’’ To the extent a respondent submits Staff, Centers for Disease Control and Prevention, 1600 Clifton Road NE, MS means any governmental rental or information contained in or related to housing payment benefits available to examination, operating, or condition H21–10, Atlanta, GA 30329. Phone: 404–639–7000. Email: cdcregulations@ the individual or any household reports prepared by, or on behalf of, or cdc.gov. member. for the use of an agency responsible for ‘‘Available housing’’ means any the regulation or supervision of SUPPLEMENTARY INFORMATION: available, unoccupied residential financial institutions, the respondent Background property, or other space for occupancy may request confidential treatment in any seasonal or temporary housing, This Order further extends the pursuant to exemption 8 of the Freedom that would not violate federal, state, or original temporary eviction moratorium of Information Act (FOIA).4 To the local occupancy standards and that Order published on September 4, 2020, would not result in an overall increase extent a respondent submits nonpublic as initially extended by the commercial or financial information of housing cost to such individual. Consolidated Appropriations Act, 2021, ‘‘Covered person’’ 2 means any tenant, which is both customarily and actually and further extended by the Order treated as private by the respondent, the lessee, or resident of a residential published on January 29, 2021 set to property who provides to their landlord, respondent may request confidential expire on March 31, 2021, with treatment pursuant to exemption 4 of the owner of the residential property, or modifications through June 30, 2021. other person with a legal right to pursue the FOIA.5 Because of COVID–19, household Current actions: On December 11, crowding and transmission, and the 1 For purposes of this Order, ‘‘person’’ includes 2020, the Board published an initial increased risk of individuals sheltering corporations, companies, associations, firms, notice in the Federal Register (85 FR in close quarters in congregate settings partnerships, societies, and joint stock companies, as well as individuals. 80097) requesting public comment for such as homeless shelters, which may be unable to provide adequate social 2 This definition is based on factors that are 60 days on the extension, without known to contribute to evictions and thus increase revision, of the FR BB. The comment distancing as populations increase, the need for individuals to move into close quarters period for this notice expired on extending the temporary halt on in new congregate or shared living arrangements or experience homelessness. Individuals who suffer February 9, 2021. The Board did not evictions, subject to further extension, modification, or rescission, is job loss, have limited financial resources, are low receive any comments. The Board income, or have high out-of-pocket medical appropriate. adopted the extension, without revision, expenses are more likely to be evicted for The Order is extended through June nonpayment of rent than others not experiencing of the FR BB as originally proposed. 30, 2021 based on current and projected these factors. See Desmond, M., Gershenson, C., Board of Governors of the Federal Reserve epidemiological context of SARS-CoV–2 Who gets evicted? Assessing individual, neighborhood, and network factors, Soc Sci Res. System, March 25, 2021. transmission throughout the United 2017;62:362–377. doi:10.1016/ Michele Taylor Fennell, States. Although daily incidence of j.ssresearch.2016.08.017, (identifying job loss as a possible predictor of eviction because renters who Deputy Associate Secretary of the Board. COVID–19 decreased and plateaued between January and March 25, 2021, lose their jobs experience not only a sudden loss of [FR Doc. 2021–06549 Filed 3–30–21; 8:45 am] widespread transmission continues at income but also the loss of predictable future BILLING CODE 6210–01–P income). According to one survey, over one quarter high levels, making the Order still (26%) of respondents also identified job loss as the necessary, especially given that primary cause of homelessness. See 2019 San previous plateaus have led to secondary Francisco Homeless Count & Survey Comprehensive Report, Applied Survey Research, and tertiary phases of acceleration. at 22, https://hsh.sfgov.org/wp-content/uploads/ 4 5 U.S.C. 552(b)(8). A copy of the Order is provided 2020/01/2019HIRDReport_SanFrancisco_ 5 5 U.S.C. 552(b)(4). below. A copy of the signed Order and FinalDraft-1.pdf. (last viewed Mar. 24, 2021). VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16732 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices eviction or a possessory action,3 a (4) The individual is using best efforts Background declaration under penalty of perjury to make timely partial payments that are There is currently a pandemic of a indicating that: as close to the full payment as the respiratory disease (‘‘COVID–19’’) (1) The individual has used best individual’s circumstances may permit, caused by a novel coronavirus (SARS– efforts to obtain all available taking into account other COV–2) that has now spread globally, government assistance for rent or nondiscretionary expenses; and including cases reported in all fifty housing; (5) Eviction would likely render the (2) The individual either (i) earned no states within the United States, plus the individual homeless—or force the District of Columbia and U.S. territories. more than $99,000 (or $198,000 if filing individual to move into and live in jointly) in Calendar Year 2020, or As of March 25, 2021, there have been close quarters in a new congregate or almost 125 million cases of COVID–19 expects to earn no more than $99,000 in shared living setting—because the annual income for Calendar Year 2021 globally, resulting in over 2,700,000 individual has no other available deaths.9 Over 29,700,000 cases have (or no more than $198,000 if filing a housing options. joint tax return),4 (ii) was not required been identified in the United States, to report any income in 2020 to the U.S. ‘‘Evict’’ and ‘‘Eviction’’ means any with new cases reported daily, and over 10 Internal Revenue Service, or (iii) action by a landlord, owner of a 540,000 deaths due to the disease. received an Economic Impact Payment residential property, or other person Although transmission has decreased (stimulus check).56 with a legal right to pursue eviction or since a peak in January 2021, the (3) The individual is unable to pay the possessory action, to remove or cause current number of cases per day remains full rent or make a full housing payment the removal of a covered person from a almost twice as high as the initial peak due to substantial loss of household residential property. This definition also in April 2020 and transmission rates are income, loss of compensable hours of does not prohibit foreclosure on a home similar to the second peak in July 2020. work or wages, a lay-off, or mortgage. The virus that causes COVID–19 extraordinary 7 out-of-pocket medical ‘‘Residential property’’ means any spreads very easily and sustainably expenses; property leased for residential purposes, between people who are in close contact including any house, building, mobile with one another (within about 6 feet), 3 As used throughout this Order, this would home or land in a mobile home park,8 mainly through respiratory droplets include, without limitation, an agent or attorney or similar dwelling leased for residential produced when an infected person acting on behalf of the landlord or the owner of the purposes, but shall not include any coughs, sneezes, or talks. Individuals residential property. 4 hotel, motel, or other guest house rented without symptoms can also spread the According to one study, the national two- 11 bedroom housing wage in 2020 was $23.96 per hour to a temporary guest or seasonal tenant virus. Among adults, the risk for (approximately, $49,837 annually), meaning that an as defined under the laws of the state, severe illness from COVID–19 increases hourly wage of $23.96 was needed to afford a territorial, tribal, or local jurisdiction. with age, with older adults at highest modest two-bedroom house without spending more risk. Severe illness means that persons than 30% of one’s income on rent. The hourly wage ‘‘State’’ shall have the same definition needed in Hawaii (the highest cost U.S. State for as under 42 CFR 70.1, meaning ‘‘any of with COVID–19 may require rent) was $38.76 (approximately $80,621 annually). the 50 states, plus the District of hospitalization, intensive care, or a See Out of Reach: How Much do you Need to Earn Columbia.’’ ventilator to help them breathe, and to Afford a Modest Apartment in Your State?, may be fatal. People of any age with National Low Income Housing Coalition, https:// ‘‘U.S. territory’’ shall have the same reports.nlihc.org/oor (last visited Mar. 23, 2021). As definition as under 42 CFR 70.1, certain underlying medical conditions further explained herein, because this Order is meaning ‘‘any territory (also known as (e.g. cancer, obesity, serious heart intended to serve the critical public health goal of conditions, or diabetes) are at increased preventing evicted individuals from potentially possessions) of the United States, 12 contributing to the interstate spread of COVID–19 including American Samoa, Guam, the risk for severe illness from COVID–19. through movement into close quarters in new Northern Mariana Islands, the COVID–19 presents a historic threat to congregate, shared housing settings, or though public health, and COVID–19 cases have homelessness, the higher income thresholds listed Commonwealth of Puerto Rico, and the U.S. Virgin Islands.’’ been detected in every county in the here have been determined to better serve this goal. continental United States.13 Between 5 ‘‘Stimulus check’’ includes payments made pursuant to Section 2201 of the CARES Act, to Statement of Intent December 2020 and January 2021, the Section 9601 of the American Rescue Plan Act of number of deaths per day from COVID– This Order shall be interpreted and 2021, or to any similar federally authorized 19 consistently exceeded any other payments made to individual natural persons in implemented in a manner as to achieve 2020 and 2021. Eligibility for the 2020 or 2021 the following objectives: 9 stimulus checks has been based on an income that • COVID–19 Dashboard by the Center for Systems is equal to or lower than the income thresholds Mitigating the spread of COVID–19 Science and Engineering (CSSE) at Johns Hopkins described above and does not change or expand within crowded, congregate or shared University (JHU), Johns Hopkins Coronavirus who is a covered person under this Order since it living settings, or through unsheltered Resource Center, https://coronavirus.jhu.edu/ was entered into on September 4, 2020. homelessness; map.html (last visited Mar. 25, 2021). 6 10 COVID Data Tracker, Centers for Disease A person is likely to qualify for protection under • this Order if they receive the following benefits: (a) Mitigating the further spread of Control and Prevention, https://covid.cdc.gov/ Temporary Assistance for Needy Families (TANF); COVID–19 from one state or territory covid-data-tracker/#datatracker-home (last visited (b) Supplemental Nutrition Assistance Program into any other state or territory; Mar. 25, 2021). (SNAP); (c) Supplemental Security Income (SSI); or • 11 Johansson MA, Quandelacy TM, Kada S, et al. (d) Supplemental Security Disability Income (SSDI) Mitigating the further spread of SARS–CoV–2 Transmission From People Without to the extent that income limits for these programs COVID–19 by temporarily suspending COVID–19 Symptoms. JAMA Netw Open. are less than or equal to the income limits for this the eviction of covered persons from 2021;4(1):e2035057. doi:10.1001/ Order. However, it is the individual’s responsibility residential property for nonpayment of jamanetworkopen.2020.35057 to verify that their income is within the income 12 People with Certain Medical Conditions, limits described. rent; and Centers for Disease Control and Prevention, https:// 7 Extraordinary expenses are defined as those that • Supporting response efforts to www.cdc.gov/coronavirus/2019-ncov/need-extra- prevented you from paying some or all of your rent COVID–19 at the federal, state, local, precautions/people-with-medical-conditions.html or providing for other basic necessities like food territorial, and tribal levels. (last updated Mar. 15, 2021). security. To qualify as an extraordinary medical 13 US COVID–19 cases and deaths by state, expense, the unreimbursed medical expense is on USAFacts, https://usafacts.org/visualizations/ that is likely to exceed 7.5% of one’s adjusted gross 8 Mobile home parks may also be referred to as coronavirus-covid-19-spread-map/ (last visited Mar. income for the year. manufactured housing communities. 24, 2021). VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16733 cause.14 Although transmission levels those targeted in this Order, to higher- unemployed.24 The persistent spread of have decreased since January, between than-average COVID–19 rates.18 COVID–19 continues to necessitate February 25 and March 25, 2021, the In recent months, new variants of preventive action. daily incidence of COVID–19 remained SARS–CoV–2 have also emerged In the context of a pandemic, eviction moratoria—like quarantine, isolation, comparable to the summer peak of globally.19 Epidemiological evaluation and social distancing—can be an transmission in July 2020, which is of these variants shows increased effective public health measure utilized higher than the daily incidence when transmissibility as well as possible to prevent the spread of communicable the Order initially took effect in increased mortality. The current disease. Eviction moratoria facilitate September, 2020. Furthermore, 37% of substantial levels of transmission and counties in the United States are self-isolation by people who become ill the emergence of variants highlight the or who are at risk for severe illness from categorized as experiencing ‘‘high’’ persistent and dynamic nature of the COVID–19 due to an underlying transmission (over 100 cases per pandemic and the need for continued medical condition. They also allow state 100,000 people or greater than 10% test protections. and local authorities to more easily positivity) and an additional 30% of To respond to this public health implement, as needed, stay-at-home and counties are categorized as experiencing threat, Federal, state, and local social distancing directives to mitigate ‘‘substantial’’ transmission (50–99.99 governments have taken unprecedented the community spread of COVID–19. cases per 100,000 people or 8–9.99% or exceedingly rare actions, including Congress passed the Coronavirus Aid, test positivity).15 No counties are border closures, restrictions on travel, Relief, and Economic Security (CARES) currently considered free of spread, and stay-at-home orders, mask requirements, Act (Pub. L. 116–136) to aid individuals only 8% of counties are considered to and eviction moratoria. In particular, and businesses adversely affected by have low transmission.16 the COVID–19 pandemic has triggered COVID–19 in March 2020. Section 4024 Two-dose mRNA COVID–19 unprecedented restrictions on interstate of the CARES Act provided a 120-day vaccination became available in and foreign travel. For example, many moratorium on eviction filings as well December 2020 and as of March 27, states require travelers arriving from as other protections for tenants in 2021 over 50 million people in the other states to obtain negative test certain rental properties with federal United States (more than 15% of the results and/or quarantine upon assistance or federally related financing. population) have been fully arrival.20 For international travel, all These protections helped alleviate the immunized.17 In February 2021, a single passengers age two or older—including public health consequences of tenant displacement during the COVID–19 dose COVID–19 vaccine also became U.S. citizens—must obtain a negative pandemic. The CARES Act eviction available. CDC continues to update test result or show proof of recovery moratorium expired on July 24, 2020. guidance for COVID–19 precautions before they may board a flight to the United States.21 Despite the need for The protections in the CARES Act among individuals who have been fully supplemented temporary eviction vaccinated; however, currently there are travel precautions, airport use has increased in recent weeks, leading to moratoria and rent freezes implemented no recommended changes to COVID–19 by governors and other local officials prevention recommendations related to heightened concerns of interstate 22 using emergency powers. Researchers activities in public, such as avoiding transmission. SARS–CoV–2 transmission, behavior change, and estimated that this temporary federal crowded and poorly ventilated places. moratorium provided relief to a material This is particularly important given travel restrictions have devastated industries that depend on the movement portion of the nation’s roughly 43 continued transmission. Even as 25 of people, such as the travel, leisure, million renters. The CARES act also COVID–19 vaccines continue to be and hospitality.23 Ten months after the provided funding streams for emergency distributed, it remains critical to initial wave of closures due to COVID– rental assistance; surveys estimate that maintain COVID–19 precautions to 19, over 16 percent of the hospitality this assistance became available to the avoid further rises in transmission and and leisure sector’s labor force was public through rental assistance to guard against yet another increase in programs by July 2020.26 the rates of new infections. It is The federal moratorium provided by 18 COVID Data Tracker, Centers for Disease important to note that despite higher Control and Prevention, https://covid.cdc.gov/ the CARES Act, however, did not reach rates of vaccine coverage, the covid-data-tracker/#datatracker-home (last visited all renters. Many renters who fell simultaneous roll-back of community Mar. 25, 2021). outside the scope of the Federal mitigation efforts may continue to 19 Abdool Karim SS, de Oliveira T. New SARS– moratorium were instead protected CoV–2 Variants—Clinical, Public Health, and under state and local moratoria. In expose vulnerable populations, such as Vaccine Implications [published online ahead of those targeted in this Order, to higher- print, 2021 Mar 24]. N Engl J Med. 2021;10.1056/ August, it was estimated that as many than-average COVID–19 rates. It is NEJMc2100362. doi:10.1056/NEJMc2100362. as 30–40 million people in America important to note that despite higher 20 Travel During COVID–19, Centers for Disease could be at risk of eviction.27 In early rates of vaccine coverage, the Control and Prevention, https://www.cdc.gov/ coronavirus/2019-ncov/travelers/travel-during- 24 Labor Force Statistics from the Current simultaneous roll-back of community covid19.html (last updated Feb. 16, 2021). Population Survey, U.S. Bureau of Labor Statistics, mitigation efforts may continue to 21 Id. https://www.bls.gov/web/empsit/cpseea31.htm (last expose vulnerable populations, such as 22 Cecelia Smith-Schoenwalder, CDC Urges updated Mar. 5, 2021). Americans to Avoid Travel as Airport Screenings 25 See CARES Act Eviction Moratorium, Approach Pandemic Peak, U.S. News, https:// Congressional Research Service, https:// 14 Woolf SH, Chapman DA, Lee JH. COVID–19 as www.usnews.com/news/health-news/articles/2021- crsreports.congress.gov/product/pdf/IN/IN11320 the Leading Cause of Death in the United States. 03-22/cdc-urges-americans-to-avoid-travel-as- (last visited Mar. 23, 2021). JAMA. 2021;325(2):123–124. doi:10.1001/ airport-screenings-approach-pandemic-peak (last 26 Vincent Reina et al., COVID–19 Emergency jama.2020.24865. visited Mar. 26, 2021). Rental Assistance: Analysis of a National Survey of 15 COVID–19 Integrated County View, Centers for 23 Aaron Klein & Ember Smith, Explaining the Programs, Research Brief, https://nlihc.org/sites/ Disease Control and Prevention, https:// economic impact of COVID–19: Core industries and default/files/HIP_NLIHC_Furman_Brief_FINAL.pdf covid.cdc.gov/covid-data-tracker/#county-view (last the Hispanic workforce, Brookings Institute, https:// (last visited Mar. 26, 2021). visited Mar. 22, 2021). www.brookings.edu/research/explaining-the- 27 See Emily Benfer et al., The COVID–19 Eviction 16 Id. economic-impact-of-covid-19-core-industries-and- Crisis: An Estimated 30–40 Million People in 17 Id. the-hispanic-workforce/ (last visited Mar. 23, 2021). Continued VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16734 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices March, 2021, the Census Household September, suggesting high demand and if recommendations are not followed, Pulse Survey estimated that over 4 likelihood of mass evictions.31 lead to exposures. million adults who are not current on Eviction and Risk of COVID–19 Preliminary modeling projections and rent perceive that they are at imminent Transmission observational data from COVID–19 risk of eviction.28 A wave of evictions incidence comparisons across states that on that scale would be unprecedented Evicted renters must move, which implemented and lifted eviction in modern times.29 A large portion of leads to multiple outcomes that increase moratoria indicate that evictions those who are evicted may move into the risk of COVID–19 spread. substantially contribute to COVID–19 close quarters in shared housing or, as Specifically, many evicted renters move transmission. In mathematical models discussed below, become homeless, into close quarters in shared housing or where eviction led exclusively to thus becoming at higher risk of COVID– other congregate settings. According to sharing housing with friends or family, 19. the Census Bureau American Housing lifting eviction moratoria led to a 40% Survey, 32% of renters reported that On September 4, 2020, the CDC increased risk of contracting COVID–19 they would move in with friends or Director issued an Order temporarily among people who were evicted and family members upon eviction, which halting evictions in the United States for those with whom they shared housing would introduce new household the reasons described therein. That after eviction (pre-peer review). members and potentially increase Order was set to expire on December 31, Compared to a scenario where no household crowding. Studies show that 2020, subject to further extension, evictions occurred, the models also COVID–19 transmission occurs readily modification, or rescission. Section 502 predicted a 5–50% increased risk of within households. The secondary of Title V, Division N of the infection, even for those who did not attack rate in households has been Consolidated Appropriations Act, 2021 share housing, as a result of increased estimated to be 17%, and household extended the Order until January 31, overall transmission. The authors contacts are estimated to be 6 times estimated that anywhere from 1,000 to 2021. With the extension of the Order, more likely to become infected by an Congress also provided $25 billion for 100,000 excess cases per million index case of COVID–19 than other population could be attributable to emergency rental assistance for the close contacts. A study of pregnant payment of rent and rental arrears. evictions depending on the eviction and women in New York City showed that infection rates. Congress later provided an additional women in large households (greater An analysis of observational data from $21.55 billion in emergency rental number of residents per household) state-based eviction moratoria in the 43 assistance when it passed the American were three times as likely to test states and the District of Columbia Rescue Plan. positive for SARS–CoV–2 than those in showed significant increases in COVID– On January 29, 2021, following an smaller households, and those in 19 incidence and mortality assessment of the ongoing pandemic, neighborhoods with greater household approximately 2–3 months after eviction the CDC Director renewed the Order crowding (≤1 resident per room) were moratoria were lifted (pre-peer review). until March 31, 2021. This Order further twice as likely to test positive. Specifically, the authors compared the extends and modifies the prior Eviction Throughout the United States, COVID–19 incidence and mortality rates Moratoria until June 30, 2021, for the counties with the highest proportion of in states that lifted their moratoria with reasons described herein, subject to crowded households have experienced the rates in states that maintained their revision based on the changing public COVID–19 mortality rates 2.6 times moratoria. In these models, the authors health landscape. To the extent any those of counties with the lowest controlled for time-varying indicators of provision of this Order conflicts with proportion of crowded households. prior Orders, this Order is controlling. each state’s test count as well as major Shared housing is not limited to public-health interventions including Researchers estimate that, in 2020, friends and family. It includes a broad lifting stay-at-home orders, school Federal, state, and local eviction range of settings, including transitional closures, and mask mandates. After moratoria led to over one million fewer housing and domestic violence and adjusting for these other changes, they evictions than the previous year.30 abuse shelters. Special considerations found that the incidence of COVID–19 Additional research shows that, despite exist for such housing because of the in states that lifted their moratoria was the CDC eviction moratorium leading to challenges of maintaining social 1.6 times that of states that did not at an estimated 50% decrease in eviction distance. Residents often gather closely 10 weeks post-lifting (95% CI 1.0, 2.3), filings compared to the historical or use shared equipment, such as a ratio that grew to 2.1 at ≥16 weeks (CI average, there have still been over kitchen appliances, laundry facilities, 1.1, 3.9). Similarly, they found that 100,000 eviction filings since stairwells, and elevators. Residents may mortality in states that lifted their have unique needs, such as disabilities, moratoria was 1.6 times that of states America are at Risk, Aspen Institute, https:// chronic health conditions, cognitive that did not at 7 weeks post-lifting (CI www.aspeninstitute.org/blog-posts/the-covid-19- decline, or limited access to technology, 1.2, 2.3), a ratio that grew to 5.4 at ≥16 eviction-crisis-an-estimated-30-40-million-people- and thus may find it more difficult to weeks (CI 3.1, 9.3). The authors in-america-are-at-risk/ (last visited Mar. 23, 2021). take actions to protect themselves from 28 Household Pulse Survey, United States Census estimated that, nationally, over 433,000 Bureau, https://www.census.gov/data-tools/demo/ COVID–19. CDC recommends that cases of COVID–19 and over 10,000 hhp/#/?measures=EVR (last visited Mar. 25, 2021). shelters provide new residents with a deaths could be attributed to lifting state 29 As a baseline, approximately 900,000 renters clean mask, keep them isolated from moratoria.32 are evicted every year in the United States. others, screen for symptoms at entry, or Princeton University Eviction Lab. National arrange for medical evaluations as Estimates: Eviction in America, The Eviction Lab: 32 Leifheit, Kathryn M. and Linton, Sabriya L. and Princeton University, https://evictionlab.org/ needed depending on symptoms. Raifman, Julia and Schwartz, Gabriel and Benfer, national-estimates/ (last visited Mar. 24, 2021). Accordingly, an influx of new residents Emily and Zimmerman, Frederick J and Pollack, 30 Pete Hepburn & Renee Louis, Preliminary at facilities that offer support services Craig, Expiring Eviction Moratoriums and COVID– Analysis: Six Months of the CDC Eviction could potentially overwhelm staff and, 19 Incidence and Mortality (November 30, 2020). Moratorium, The Eviction Lab: Princeton Available at SSRN: https://ssrn.com/ University, https://evictionlab.org/six-months-cdc/ abstract=3739576 or http://dx.doi.org/10.2139/ (last visited Mar. 26, 2021). 31 Id. ssrn.3739576. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16735 Although data are limited, available 36% of shelter residents. COVID–19 people to move, often into close quarters evidence suggests evictions lead to testing in a single shelter in San in new shared housing settings with interstate spread of COVID–19 in two Francisco led to the identification of 101 friends or family, or congregate settings ways. First, an eviction may lead the cases (67% of those tested). Data from such as homeless shelters. The ability of evicted members of a household to 557 universal diagnostic testing events these settings to adhere to best practices, move across state lines. Of the 35 at homeless shelters in 21 states show such as social distancing and other million Americans who move each year, an average of 6% positivity among infection control measures, decreases as 15% move to a new state. Second, even shelter clients. Data comparing the populations increase. if a particular eviction, standing alone, incidence or severity of COVID–19 Modifications would not always result in interstate among people experiencing displacement, the mass evictions that homelessness directly to the general In addition to extending the effective would occur in the absence of this population are limited. However, during period of the prior orders, this Order Order would inevitably increase the the 15-day period of the outbreak in makes several modifications. A interstate spread of COVID–19. This Boston, MA, researchers estimated a description of each modification Order cannot effectively mitigate cumulative incidence of 46.3 cases of follows: interstate transmission of COVID–19 COVID–19 per 1000 persons CDC added a statement in the without covering intrastate evictions, as experiencing homelessness, as ‘‘Statement of Intent’’ section consistent the level of spread of SARS-CoV–2 compared to 1.9 cases per 1000 among with the clarification of the ‘‘Evict’’ and resulting from these evictions can lead Massachusetts adults (pre-print). ‘‘Eviction’’ definitions. The statement to SARS-CoV–2 transmission across CDC guidance recommends increasing now specifically clarifies that one state borders. Moreover, intrastate physical distance between beds in intended purpose of this Order is to spread facilitates interstate spread in the homeless shelters. To adhere to this mitigate the spread of COVID–19 by context of communicable disease guidance, shelters have limited the temporarily suspending the eviction of spread, given the nature of infectious number of people served throughout the covered persons from residential disease. In the aggregate, the mass-scale United States. In many places, property for nonpayment of rent. evictions that will likely occur in the considerably fewer beds are available to CDC modified the ‘‘Applicability’’ absence of this Order will inevitably individuals who become homeless. section to add the following points: increase interstate spread of COVID–19. Shelters that do not adhere to the A signed declaration submitted under guidance, and operate at ordinary or a previous order remains valid Eviction, Homelessness, and Risk of increased occupancy, are at greater risk notwithstanding the issuance of this Severe Disease From COVID–19 for the types of outbreaks described extended and modified order, and Evicted individuals without access to above. The challenge of mitigating covered persons do not need to submit support or other assistance options may disease transmission in homeless a new declaration under this Order. become homeless, including older shelters has been compounded because Evictions for nonpayment of rent adults or those with underlying medical some organizations have chosen to stop initiated prior to September 4, 2020, but conditions, who are more at risk for or limit volunteer access and not yet completed are subject to this severe illness from COVID–19 than the participation. Order, but those that were completed general population. In Seattle-King In the context of the current before September 4, 2020, are not County, 5–15% of people experiencing pandemic, large increases in evictions subject to the Order. While the Order homelessness between 2018 and 2020 resulting in homelessness could have at does not prohibit evictions for engaging cited eviction as the primary reason for least two potential negative in criminal activity while on the leased becoming homeless. Additionally, some consequences. One is if homeless premises, covered persons may not be individuals and families who are shelters increase occupancy in ways evicted on the sole basis that they are evicted may originally stay with family that increase the exposure risk to alleged to have committed the crime of or friends, but subsequently seek COVID–19. The other is if homeless trespass (or similar state-law offense) homeless services. Among people who shelters limit new admissions, leading where the underlying activity is a entered shelters throughout the United to increases in unsheltered covered person remaining in a States in 2017, 27% were staying with homelessness, which is associated with residential property despite family or friends beforehand. significantly heightened risk of nonpayment of rent. Individuals who People experiencing homelessness are mortality generally. Neither are confirmed to have, who have been at high risk for COVID–19. It may be consequence is in the interest of the exposed to, or who might have COVID– more difficult for these persons to public health. 19 and take reasonable precautions to consistently access the necessary Additionally, research suggests that not spread the disease should not be resources to adhere to public health the population of persons who would be evicted on grounds that they pose a recommendations to prevent COVID–19. evicted and those experiencing health or safety threat to other residents. For instance, it may not be possible to homelessness may be at risk of severe Even if a particular eviction, standing avoid certain congregate settings such as disease from COVID–19. Five studies alone, would not always result in homeless shelters, or easily access have shown an association between interstate displacement, the mass facilities to engage in handwashing with eviction and hypertension, which has evictions that would occur in the soap and water. been associated with more severe absence of this Order would inevitably Extensive outbreaks of COVID–19 outcomes from COVID–19. Also, people increase the interstate spread of COVID– have been identified in homeless experiencing homelessness often have 19. Moreover, increases in intrastate shelters. In Seattle, Washington, a underlying conditions that increase spread further facilitate interstate spread network of three related homeless their risk of severe outcomes of COVID– in the context of communicable disease shelters experienced an outbreak that 19. Among patients with COVID–19, spread. led to 43 cases among residents and staff homelessness has been associated with The ‘‘Background,’’ ‘‘Eviction and members. In Boston, Massachusetts, increased likelihood of hospitalization. Risk of COVID–19 Infection’’ and universal COVID–19 testing at a single In short, evictions threaten to increase ‘‘Eviction, Homelessness, and Risk of shelter revealed 147 cases, representing the spread of COVID–19 as they force Severe Disease from COVID–19’’ VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16736 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices subsections have been revised to reflect precludes the charging or collecting of resident of a residential property updated epidemiological and other fees, penalties, or interest as a result of remaining in a residential property relevant information in support of this the failure to pay rent or other housing despite the nonpayment of rent, such Order. payment on a timely basis, under the invocation conflicts with this Order and CDC added a new section titled terms of any applicable contract. is preempted pursuant to 42 U.S.C. ‘‘Declaration Forms’’ with the following Nothing in this Order precludes 264(e). points: evictions based on a tenant, lessee, or Individuals who are confirmed to To qualify as a covered person eligible resident: (1) Engaging in criminal have, who have been exposed to, or who for the protections of this Order, a activity while on the premises; (2) might have COVID–19 and take tenant, lessee, or resident of a threatening the health or safety of other reasonable precautions to not spread the residential property must provide a residents; 33 (3) damaging or posing an disease may not be evicted on grounds completed and signed copy of a immediate and significant risk of that they may pose a health or safety declaration with the elements listed in damage to property; (4) violating any threat to other residents. the definition of ‘‘Covered Person’’ to applicable building code, health The Order is extended through June their landlord, owner of the residential ordinance, or similar regulation relating 30, 2021, based on the current and property where they live, or other to health and safety; or (5) violating any projected epidemiological context of person who has a right to have them other contractual obligation, other than SARS-CoV–2 transmission throughout evicted or removed. the timely payment of rent or similar the United States. Although daily Tenants, lessees, or residents of a housing-related payment (including incidence of COVID–19 decreased and residential property may use any non-payment or late payment of fees, plateaued between January and March written document in place of the penalties, or interest). 25, 2021, widespread transmission Declaration Form if it includes the A signed declaration submitted under continues at high levels, making the required information as in the Form, is a previous order remains valid Order still necessary, especially given signed, and includes a perjury notwithstanding the issuance of this that previous plateaus have led to statement. extended and modified order, and secondary and tertiary phases of Tenants, lessees, or residents of a covered persons do not need to submit acceleration. Furthermore, the number residential property can use a form a new declaration under this Order. of deaths per day continues at levels translated into other Languages. Any evictions for nonpayment of rent comparable to or higher than when this In some circumstances, it may be initiated prior to September 4, 2020, but Order was established in September appropriate for one member of the not yet completed, are subject to this 2020.34 This 90-day extension will residence to provide an executed Order. Any tenant, lessee, or resident of allow the assessment of natural changes declaration on behalf of the other adult a residential property who qualifies as to COVID–19 incidence, the influences residents who are party to the lease, a ‘‘Covered Person’’ and is still present of new variants, and the expansion of rental agreement, or housing contract. in a rental unit is entitled to protections COVID–19 vaccine coverage to CDC modified the ‘‘Findings and under this Order. Any eviction that was determine if there is a continued need Action’’ section to, among other things, completed prior to September 4, 2020, for a national eviction moratorium. further explain that this Order is not a is not subject to this Order. Declaration Forms rule within the meaning of the Under this Order, covered persons Administrative Procedure Act and, to may be evicted for engaging in criminal To qualify for the protections of this the extent a court finds that the Order activity while on the premises. But Order, a tenant, lessee, or resident of a qualifies as a rule, there is good cause covered persons may not be evicted on residential property must provide a to dispense with prior public notice and the sole basis that they are alleged to completed and signed copy of a comment. have committed the crime of trespass (or declaration with the elements listed in similar state-law offense) where the the definition of ‘‘Covered person’’ to Applicability underlying activity is a covered person their landlord, owner of the residential This Order does not apply in any remaining in a residential property for property where they live, or other state, local, territorial, or tribal area with nonpayment of rent. Permitting such person who has a right to have them a moratorium on residential evictions evictions would result in substantially evicted or removed from where they that provides the same or greater level more evictions overall, thus increasing live. To assist tenants and landlords, the of public-health protection than the the risk of disease transmission as CDC created a standardized declaration requirements listed in this Order or to otherwise covered persons move into form that can be downloaded here: the extent its application is prohibited congregate settings or experience https://www.cdc.gov/coronavirus/2019- by federal court order. In accordance homelessness. This result would be ncov/downloads/declaration-form.pdf. with 42 U.S.C. 264(e), this Order does contrary to the stated objectives of this Tenants, lessees, and residents of not preclude state, local, territorial, and Order, and therefore would diminish residential property are not obligated to tribal authorities from imposing their effectiveness. Moreover, to the use the CDC form. Any written additional requirements that provide extent such criminal trespass laws are document that an eligible tenant, lessee, greater public-health protection and are invoked to establish criminal activity or residents of residential property more restrictive than the requirements solely based on a tenant, lessee, or presents to their landlord will comply in this Order. with this Order, as long as it contains This Order is a temporary eviction 33 Individuals who might have COVID–19 are the required elements of ‘‘Covered moratorium to prevent the further advised to stay home except to get medical care. person’’ as described in this order. In Accordingly, individuals who might have COVID– spread of COVID–19. This Order does 19 and take reasonable precautions to not spread addition, tenants, lessees, and residents not relieve any individual of any the disease should not be evicted on the ground that obligation to pay rent, make a housing they may pose a health or safety threat to other 34 Trends in Number of COVID–19 Cases and payment, or comply with any other residents. See What to Do if You are Sick, Centers Deaths in the US Reported to CDC, by State/ for Disease Control and Prevention, https:// Territory, Centers for Disease Control and obligation that the individual may have www.cdc.gov/coronavirus/2019-ncov/if-you-are- Prevention, https://covid.cdc.gov/covid-data- under a tenancy, lease, or similar sick/steps-when-sick.html (last updated Mar. 17, tracker/#trends_dailytrendsdeaths (last visited Mar. contract. Nothing in this Order 2021). 22, 2021). VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16737 of residential property are allowed to 4, 2020 Order is hereby modified and since January, between February 25, declare in writing that they meet the extended through June 30, 2021. 2021 and March 25, 2021, the daily elements of covered person in other Accordingly, a landlord, owner of a incidence of COVID–19 remained languages. residential property, or other person comparable to the summer peak of All declarations, regardless of form with a legal right to pursue eviction or transmission in July 2020. Daily used, must be signed, and must include possessory action shall not evict any incidence in the last 30 days has a statement that the tenant, lessee, or covered person from any residential remained consistently higher than the resident of a residential property property in any state or U.S. territory in daily incidence when the Order took understands that they could be liable for which there are documented cases of effect in September 2020. Furthermore, perjury for any false or misleading COVID–19 that provides a level of 37% of counties in the United States are statements or omissions in the public-health protections below the categorized as experiencing ‘‘high’’ declaration. This Order does not requirements listed in this Order. transmission (over 100 cases per preclude a landlord challenging the This Order is not a rule within the 100,000 people or greater than 10% test truthfulness of a tenant’s, lessee’s, or meaning of the Administrative positivity) and an additional 30% of resident’s declaration in court, as Procedure Act (APA) but rather an counties are categorized as experiencing permitted under state or local law. emergency action taken under the ‘‘substantial’’ transmission (50–99.99 In certain circumstances, such as existing authority of 42 CFR 70.2. The cases per 100,000 people or 8–9.99% individuals filing a joint tax return, it purpose of section 70.2, which was test positivity). No counties are may be appropriate for one member of promulgated through notice-and- currently considered free of spread, and the residence to provide an executed comment rulemaking, is to enable CDC only 8% of counties are considered to declaration on behalf of the other adult to take swift steps to prevent contagion have low transmission. Because of these residents party to the lease, rental without having to seek a second round reasons and because the current agreement, or housing contract. The of public comments and without a delay extension is set to expire on March 31, 36 declaration may be signed and in effective date. 2021, I hereby conclude that immediate transmitted either electronically or by In the event that this Order qualifies action is again necessary without prior hard copy. as a rule under the APA, notice and notice and comment and without a comment and a delay in effective date delay in the effective date. Findings and Action are not required because there is good The rapidly changing nature of the For the reasons described herein, I am cause to dispense with prior public pandemic requires not only that CDC act extending and modifying the September notice and comment and the swiftly, but also deftly to ensure that its 4, 2020 Order, as extended by section opportunity to comment on this Order actions are commensurate with the 502 of Title V, Division N of the and the delay in effective date. See 5 threat. This necessarily involves Consolidated Appropriations Act, 2021 U.S.C. 553(b)(3)(B). Considering the assessing evolving conditions that and further extended by the January 29, public health emergency caused by inform CDC’s determinations. 2021 Order. I have determined that COVID–19, it would be impracticable Although the pandemic is dynamic extending the temporary halt in and contrary to the public health, and and the situation evolves over time, the evictions in this Order constitutes a by extension the public interest, to fundamental public health threat that reasonably necessary measure under 42 delay the issuance and effective date of existed on September 4, 2020, and CFR 70.2 to prevent the further spread this Order. January 29, 2021—the risk of large of COVID–19 throughout the United In the September 4, 2020 Order, the numbers of residential evictions States. I have further determined that previous CDC Director determined that contributing to the spread of COVID–19 throughout the United States— measures by states, localities, or good cause existed because the public continues to exist. Without this Order, territories that do not meet or exceed health emergency caused by COVID–19 there is every reason to expect that these minimum protections are made it impracticable and contrary to evictions will increase. It is imperative insufficient to prevent the interstate the public health, and by extension the that public health authorities act spread of COVID–19.35 public interest, to delay the issuance quickly to help ward off an Based on the convergence of COVID– and effective date of the Order. The unprecedented wave of evictions, which 19, household crowding and previous Director also found that a would threaten new spikes in SARS- transmission, and the increased risk of delay in the effective date of the Order CoV–2 transmission at a critical individuals sheltering in close quarters would permit the occurrence of juncture in fight against COVID–19. in congregate settings such as homeless evictions—potentially on a mass scale— that would have potentially significant Such mass evictions and the attendant shelters, which may be unable to public-health consequences would be provide adequate social distancing as consequences. For these reasons, the previous Director concluded that the very difficult, if not impossible, to populations increase, I have determined reverse. It would be impracticable and that extending the temporary halt on delay in the effective date of the Order would defeat the purpose of the Order contrary to the public interest to delay evictions is appropriate. the issuance and effective date of the Therefore, under 42 CFR 70.2, subject and endanger the public health and, therefore, determined that immediate Order pending notice-and-comment to the limitations under the rulemaking for the reasons described ‘‘Applicability’’ section, the September action was necessary. As a result, the previous Director issued the Order herein, and because of the ever- without prior notice and comment and changing landscape of the pandemic 35 In the United States, public health measures are and the uncertainty of whether Congress implemented at all levels of government, including without a delay in the effective date. I the federal, state, local, and tribal levels. Publicly- made similar findings in the January 29, would grant another extension as it did available compilations of pending measures 2021 Order. in December 2020. indicate that eviction moratoria and other As noted above, although Similarly, if this Order qualifies as a protections from eviction have expired or are set to rule under the APA, the Office of expire in many jurisdictions. COVID–19 Housing transmission levels have decreased Policy Scorecard, The Eviction Lab: Princeton Information and Regulatory Affairs University, https://evictionlab.org/covid-policy- 36 Chambless Enters., LLC v. Redfield, No. 20– (OIRA) has determined that it would be scorecard/ (last visited Mar. 23, 2021). 1455, 2020 WL 7588849, (W.D. La. 2020). an economically significant regulatory VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16738 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices action pursuant to Executive Order Notice of Available Federal Resources HUD stands at the ready to support 12866 and a major rule under the While this Order to prevent eviction American communities take these steps Congressional Review Act (CRA). But is effectuated to protect the public to reduce the spread of COVID–19 and there would not be a delay in its health, the states and units of local maintain economic prosperity. For effective date. CDC has determined that government are reminded that the program support, including technical for the same reasons, there would be Federal Government has deployed assistance, please visit good cause under the CRA to make the unprecedented resources to address the www.hudexchange.info/program- requirements herein effective pandemic, including housing assistance. support. For further information on immediately. Thus, this action has been The Department of Housing and HUD resources, tools, and guidance reviewed by OIRA. Urban Development (HUD), the available to respond to the COVID–19 pandemic, state and local officials are If any provision of this Order, or the Department of Agriculture, and directed to visit https://www.hud.gov/ application of any provision to any Treasury have informed CDC that coronavirus. These tools include persons, entities, or circumstances, shall unprecedented emergency resources toolkits for Public Housing Authorities be held invalid, the remainder of the have been appropriated through various Federal agencies that assist renters and and Housing Choice Voucher landlords provisions, or the application of such related to housing stability and eviction provisions to any persons, entities, or landlords during the pandemic, including $46.55 billion to the Treasury prevention, as well as similar guidance circumstances other than those to which for owners and renters in HUD-assisted it is held invalid, shall remain valid and through the Consolidated Appropriations Act of 2021 and the multifamily properties. Furthermore, in effect. American Rescue Plan (ARP). tenants can visit consumerfinance.gov/ This Order shall be enforced by Furthermore, in 2020 44 states and 310 housing for up-to-date information on federal authorities and cooperating state local jurisdictions allocated about $3.9 rent relief options, protections, and key and local authorities through the billion toward emergency rental deadlines. provisions of 18 U.S.C. 3559, 3571; 42 assistance, largely from funds Effective Date U.S.C. 243, 268, 271; and 42 CFR 70.18. appropriated to Treasury and HUD from However, this Order has no effect on the the Coronavirus Aid, Relief, and This Order is effective on April 1, contractual obligations of renters to pay Economic Security (CARES).37 These 2021, and will remain in effect through rent and shall not preclude charging or three rounds of federal appropriations June 30, 2021, subject to revision based collecting fees, penalties, or interest as also provided substantial resources for on the changing public health a result of the failure to pay rent or other homeless services, homeowner landscape. housing payment on a timely basis, assistance, and supplemental stimulus Authority: The authority for this Order is under the terms of any applicable and unemployment benefits that low Section 361 of the Public Health Service Act contract. income renters used to pay rent. (42 U.S.C. 264) and 42 CFR 70.2. Visit https://home.treasury.gov/ Dated: March 29, 2021. Criminal Penalties policy-issues/cares/state-and-local- Sherri Berger, Under 18 U.S.C. 3559, 3571; 42 U.S.C. governments for more information about Acting Chief of Staff, Centers for Disease 271; and 42 CFR 70.18, a person the Coronavirus Relief Fund and https:// Control and Prevention. violating this Order may be subject to a home.treasury.gov/policy-issues/cares/ [FR Doc. 2021–06718 Filed 3–29–21; 4:15 pm] fine of no more than $100,000 or one emergency-rental-assistance-program BILLING CODE 4163–18–P for more information about the year in jail, or both, if the violation does Emergency Rental Assistance Program. not result in a death, or a fine of no HUD has further informed CDC that DEPARTMENT OF HEALTH AND more than $250,000 or one year in jail, forbearance policies for mortgages HUMAN SERVICES or both if the violation results in a backed by the federal government are in death, or as otherwise provided by law. effect until June 30, 2021, which Centers for Disease Control and An organization violating this Order provide many landlords, especially Prevention may be subject to a fine of no more than smaller landlords, with temporary relief $200,000 per event if the violation does as new emergency rental assistance Notice of Re-Establishment of the not result in a death or $500,000 per programs are deployed. Advisory Committee to the Director event if the violation results in a death HUD, USDA and Treasury grantees Pursuant to Section 222 of the Public or as otherwise provided by law. The and partners play a critical role in Health Service Act (42 U.S.C. 217a), as U.S. Department of Justice may initiate prioritizing efforts to support this goal. amended and the Federal Advisory criminal proceedings as appropriate As grantees decide how to deploy Committee Act, as amended (5 U.S.C. seeking imposition of these criminal CDBG–CV and ESG–CV funds provided App), the Director, Centers for Disease penalties. by the new funding from the CARES Control and Prevention (CDC), Notice to Cooperating State and Local Act, Consolidated Appropriations Act of announces the re-establishment of the Officials 2021, and ARP all communities should Advisory Committee to the Director, assess what resources have already been Centers for Disease Control and Under 42 U.S.C. 243, the U.S. allocated to prevent evictions and Prevention. Department of Health and Human homelessness through temporary rental The Secretary, Department of Health Services is authorized to cooperate with assistance and homelessness and Human Services (HHS) and by and aid state and local authorities in the prevention, particularly to the most delegation, the Director, CDC, are enforcement of their quarantine and vulnerable households. authorized under Sections 301 and 311 other health regulations and to accept of the Public Health Service Act, [42 state and local assistance in the 37 Vincent Reina et al., COVID–19 Emergency U.S.C. Sections 241 and 243], as enforcement of federal quarantine rules Rental Assistance: Analysis of a National Survey of Programs, Research Brief, https://nlihc.org/sites/ amended to: (1) Conduct, encourage, and regulations, including in the default/files/HIP_NLIHC_Furman_Brief_FINAL.pdf cooperate with, and assist other enforcement of this Order. (last visited Mar. 26, 2021). appropriate public authorities, scientific VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16739 institutions, and scientists in the publish notice in the Federal Register CMS–10102—National Implementation conduct of research, investigations, concerning each proposed collection of of Hospital Consumer Assessment of experiments, demonstrations, and information (including each proposed Healthcare Providers and Systems studies relating to the causes, diagnosis, extension or reinstatement of an existing (HCAHPS) treatment, control, and prevention of collection of information) and to allow CMS–1984–14—Hospice Facility Cost physical and mental diseases, and other 60 days for public comment on the Report Form impairments; (2) assist States and their proposed action. Interested persons are Under the PRA (44 U.S.C. 3501– political subdivisions in the prevention invited to send comments regarding our 3520), federal agencies must obtain of infectious diseases and other burden estimates or any other aspect of approval from the Office of Management preventable conditions, and in the this collection of information, including and Budget (OMB) for each collection of promotion of health and well-being; and the necessity and utility of the proposed information they conduct or sponsor. (3) train State and local personnel in information collection for the proper The term ‘‘collection of information’’ is health work. The ACD, CDC, shall performance of the agency’s functions, defined in 44 U.S.C. 3502(3) and 5 CFR advise the Secretary, HHS, and the the accuracy of the estimated burden, 1320.3(c) and includes agency requests Director, CDC, on policy and broad ways to enhance the quality, utility, and or requirements that members of the strategies that will enable CDC to fulfill clarity of the information to be public submit reports, keep records, or its mission of protecting health through collected, and the use of automated provide information to a third party. health promotion, prevention, and collection techniques or other forms of Section 3506(c)(2)(A) of the PRA preparedness. information technology to minimize the requires federal agencies to publish a For information, contact Tiffany J. information collection burden. 60-day notice in the Federal Register Brown, JD, MPH, Acting Deputy Chief of DATES: Comments must be received by concerning each proposed collection of Staff, Office of the Director, Centers for June 1, 2021. information, including each proposed Disease Control and Prevention, 1600 extension or reinstatement of an existing Clifton Road NE, Mail Stop H21–10, ADDRESSES: When commenting, please collection of information, before Atlanta, GA 30329–4027, telephone reference the document identifier or submitting the collection to OMB for (404) 498–6655; [email protected]. OMB control number. To be assured approval. To comply with this The Director, Strategic Business consideration, comments and requirement, CMS is publishing this Initiatives Unit, Office of the Chief recommendations must be submitted in notice. Operating Officer, Centers for Disease any one of the following ways: Control and Prevention, has been 1. Electronically. You may send your Information Collection delegated the authority to sign Federal comments electronically to http:// 1. Type of Information Collection Register notices pertaining to www.regulations.gov. Follow the Request: Extension of a currently announcements of meetings and other instructions for ‘‘Comment or approved collection; Title of committee management activities, for Submission’’ or ‘‘More Search Options’’ Information Collection: National both the Centers for Disease Control and to find the information collection Implementation of Hospital Consumer Prevention and the Agency for Toxic document(s) that are accepting Assessment of Healthcare Providers and Substances and Disease Registry. comments. Systems (HCAHPS); Use: The HCAHPS 2. By regular mail. You may mail (Hospital Consumer Assessment of Kalwant Smagh, written comments to the following Healthcare Providers and Systems) Director, Strategic Business Initiatives Unit, address: CMS, Office of Strategic Survey is the first national, Office of the Chief Operating Officer, Centers Operations and Regulatory Affairs, standardized, publicly reported survey for Disease Control and Prevention. Division of Regulations Development, of patients’ perspectives of their [FR Doc. 2021–06644 Filed 3–30–21; 8:45 am] Attention: Document Identifier/OMB hospital care. HCAHPS is a 29-item BILLING CODE 4163–18–P Control Number: CMS–P–0015A, Room survey instrument and data collection C4–26–05, 7500 Security Boulevard, methodology for measuring patients’ Baltimore, Maryland 21244–1850. perceptions of their hospital experience. DEPARTMENT OF HEALTH AND Since 2008, HCAHPS has allowed valid HUMAN SERVICES To obtain copies of a supporting statement and any related forms for the comparisons to be made across hospitals Centers for Medicare & Medicaid proposed collection(s) summarized in locally, regionally and nationally. The national implementation of Services this notice, you may make your request using one of following: HCAHPS is designed to allow third- [Document Identifier: CMS–10102 and CMS– 1. Access CMS’ website address at party CMS-approved survey vendors to 1984–14] website address at https://www.cms.gov/ administer HCAHPS using mail-only, Regulations-and-Guidance/Legislation/ telephone-only, mixed-mode (mail with Agency Information Collection telephone follow-up), or active IVR Activities: Proposed Collection; PaperworkReductionActof1995/PRA- Listing.html. (interactive voice response). With Comment Request respect to a telephone-only or mixed- FOR FURTHER INFORMATION CONTACT: AGENCY: Centers for Medicare & mode survey, the CMS-approved survey Medicaid Services, Health and Human William N. Parham at (410) 786–4669. vendors use electronic data collection or Services (HHS). SUPPLEMENTARY INFORMATION: CATI systems. CATI is also used for ACTION: Notice. telephone follow-up with mail survey Contents non-respondents. With respect to IVR SUMMARY: The Centers for Medicare & This notice sets out a summary of the survey administration, the IVR Medicaid Services (CMS) is announcing use and burden associated with the technology gathers information from an opportunity for the public to following information collections. More respondents by prompting respondents comment on CMS’ intention to collect detailed information can be found in to answer questions by pushing the information from the public. Under the each collection’s supporting statement numbers on a touch-tone telephone. Paperwork Reduction Act of 1995 (the and associated materials (see Patients selected for IVR mode are able PRA), federal agencies are required to ADDRESSES). to opt out of the interactive voice VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16740 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices response system and return to a ‘‘live’’ setting; payment refinement activities, requirements of Section 3506(c)(2)(A) of interviewer if they wish to do so. Form including developing a market basket; the Paperwork Reduction Act of 1995, Number: CMS–10102 (OMB control Medicare Trust Fund projections; and ACF is soliciting public comment on the number: 0938–0981); Frequency: program operations support. specific aspects of the information Occasionally; Affected Public: Additionally, the Medicare Payment collection described above. Individuals and Households; Number of Advisory Commission (MedPAC) uses ADDRESSES: Copies of the proposed Respondents: 2,843,617; Total Annual the hospice cost report data to calculate collection of information can be Responses: 2,843,617; Total Annual Medicare margins (a measure of the obtained and comments may be Hours: 347,648. (For policy questions relationship between Medicare’s forwarded by emailing infocollection@ regarding this collection contact payments and providers’ Medicare acf.hhs.gov. Alternatively, copies can William Lehrman at 410–786–1037.) costs) and analyze data to formulate also be obtained by writing to the 2. Type of Information Collection Medicare Program recommendations to Administration for Children and Congress. Form Number: CMS–1984–14 Request: Extension of a currently Families, Office of Planning, Research, (OMB control number: 0938–0758); approved collection; Title of and Evaluation (OPRE), 330 C Street Frequency: Yearly; Affected Public: Information Collection: Hospice Facility SW, Washington, DC 20201, Attn: ACF Private Sector, Business or other for- Cost Report Form; Use: Under the Reports Clearance Officer. All requests, profits, Not for profits institutions; authority of §§ 1815(a) and 1833(e) of emailed or written, should be identified Number of Respondents: 4,379; Total the Social Security Act (the Act), CMS by the title of the information collection. requires that providers of services Annual Responses: 4,379; Total Annual participating in the Medicare program Hours: 823,252. (For policy questions SUPPLEMENTARY INFORMATION: submit information to determine costs regarding this collection contact Duncan Description: Section 641A of the Head for health care services rendered to Gail at 410–786–7278.) Start Act, 42 U.S.C. 9836A, directs HHS Medicare beneficiaries. CMS requires Dated: March 26, 2021. to develop ‘‘scientifically based and that providers follow reasonable cost William N. Parham, III, developmentally appropriate education performance standards related to school principles under 1861(v)(1)(A) of the Director, Paperwork Reduction Staff, Office Act when completing the Medicare cost of Strategic Operations and Regulatory readiness’’ and ‘‘ensure that any such report (MCR). The regulations at 42 CFR Affairs. revisions in the standards do not result in the elimination of or any reduction in 413.20 and 413.24 require that providers [FR Doc. 2021–06642 Filed 3–30–21; 8:45 am] quality, scope, or types of health, submit acceptable cost reports on an BILLING CODE 4120–01–P annual basis and maintain sufficient educational, parental involvement, financial records and statistical data, nutritional, social, or other services.’’ capable of verification by qualified DEPARTMENT OF HEALTH AND The Office of Head Start (OHS) auditors. In addition, regulations require HUMAN SERVICES announced in the Federal Register in that providers furnish such Information 2016 the first comprehensive revision of to the contractor as may be necessary to Administration for Children and the Head Start Program Performance assure proper payment by the program, Families Standards (HSPPS) since their original receive program payments, and satisfy release in 1975. This information program overpayment determinations. Proposed Information Collection collection was approved alongside the CMS regulations at 42 CFR Activity; Head Start Program final rule for the HSPPS. 413.24(f)(4) require that each hospice Performance Standards (0970–0148) This information collection is entirely submit an annual cost report to their AGENCY: Office of Head Start, record keeping and does not contain any contractor in a standard American Administration for Children and standardized instruments to provide Standard Code for Information Families, HHS. flexibility for local programs. These Interchange (ASCII) electronic cost ACTION: Request for public comment. records are intended to act as a tool for report (ECR) format. A hospice submits grantees and delegate agencies to be the ECR file to contractors using a SUMMARY: The Office Head Start (OHS), used in their day-to-day operations. For compact disk (CD), flash drive, or the Administration for Children and example, this includes the requirement CMS approved Medicare Cost Report E- Families (ACF), U.S. Department of that programs maintain a waiting list of filing (MCREF) portal, [URL: https:// Health and Human Services (HHS), is eligible families. There are no changes mcref.cms.gov]. The instructions for requesting a 3-year extension of the to the record keeping requirements. submission are included in the hospice information collection requirements Respondents: Head Start Grantees. cost report instructions on page 43–3. under the Head Start Program Depending on the standard, the CMS requires the Form CMS–1984–14 Performance Standards (OMB #0970– calculated burden hours is based on the to determine a hospice’s reasonable 0148). There are no changes to the individual enrollee (1,054,720), family costs incurred in furnishing medical information collection. (956,120), program (3,020), or staff services to Medicare beneficiaries. CMS DATES: Comments due within 60 days of (265,030). In a few cases, only a uses the Form CMS–1984–14 for rate publication. In compliance with the proportion of one of these may apply. ANNUAL BURDEN ESTIMATES Total number of Average Instrument Total number responses per burden hours Total burden Annual burden of respondents respondent per response hours hours 1301.6(a) ...... 3,020 1 0.70 2,114 2,114 1302.12(k) ...... 1,054,720 1 .166 175,084 175,084 1302.14(c) ...... 3,020 1 2.00 6,040 6,040 1302.16(b) ...... 3,020 1 5.00 15,100 15,100 1302.33(a)–(b) ...... 1,054,720 1 1.00 1,054,720 1,054,720 VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16741 ANNUAL BURDEN ESTIMATES—Continued Total number of Average Instrument Total number responses per burden hours Total burden Annual burden of respondents respondent per response hours hours 1302.33(c)(2) ...... 294,632 1 2.00 589,264 589,264 1302.42(a)–(b) ...... 1,054,720 1 0.66 696,115 696,115 1302.42(e) ...... 3,020 1 0.50 1,510 1,510 1302.47(b)(7)(iv) ...... 3,020 1 0.50 1,510 1,510 1302.53(b)–(d) ...... 3,020 1 0.166 501 501 1302.90(a) ...... 3,020 1 0.50 1,510 1,510 1302.90(b)(1)(i)–(iv),(b)(4) ...... 79,509 1 0.33 26,238 26,238 1302.93(a) ...... 26,503 1 0.25 6,626 6,626 1302.94(a) ...... 3,020 1 0.166 501 501 1302.101(a)(4), 1302.102(b)–(c) ...... 3,020 1 79.00 238,580 238,580 1302.102(d)(3) ...... 110 1 10.00 1,100 1,100 1303.12 ...... 3,020 1 0.166 501 501 1303.22–24 ...... 956,120 1 0.33 315,520 315,520 1303.42–53 ...... 260 1 40.00 10,400 10,400 1303.70(c) ...... 200 1 1.00 200 200 1303.72(a)(3) ...... 3,020 1 2.00 6,040 6,040 1304.13 ...... 75 1 60.00 4,500 4,500 1304.15(a) ...... 400 1 0.25 100 100 Estimated Total Annual Burden 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., DEPARTMENT OF HOUSING AND Hours: 3,153,774. as amended. The grant applications and URBAN DEVELOPMENT Comments: The Department the discussions could disclose [Docket No. FR–6256–N–01] specifically requests comments on (a) confidential trade secrets or commercial whether the proposed collection of property such as patentable material, Tribal HUD–VASH Expansion; Notice information is necessary for the proper and personal information concerning of Rating Factors performance of the functions of the individuals associated with the grant agency, including whether the applications, the disclosure of which AGENCY: Office of the Assistant information shall have practical utility; would constitute a clearly unwarranted Secretary for Public and Indian (b) the accuracy of the agency’s estimate invasion of personal privacy. Housing, HUD. of the burden of the proposed collection ACTION: Notice. of information; (c) the quality, utility, Name of Committee: National Institute of and clarity of the information to be Allergy and Infectious Diseases Special SUMMARY: The 2017 Consolidated collected; and (d) ways to minimize the Emphasis Panel NIAID Investigator Initiated Appropriations Act provided $7 million burden of the collection of information Program Project Applications (P01 Clinical for the U.S. Department of Housing and on respondents, including through the Trial Not Allowed). Urban Development (HUD) to use for use of automated collection techniques Date: April 30, 2021. the Tribal HUD–VASH demonstration or other forms of information Time: 12:30 p.m. to 4:00 p.m. program. HUD–VASH is a collaborative technology. Consideration will be given Agenda: To review and evaluate grant program between HUD and the to comments and suggestions submitted applications. Department of Veterans Affairs (VA) Place: National Institute of Allergy and within 60 days of this publication. that combines HUD housing vouchers Infectious Diseases, National Institutes of with VA supportive services to help (Authority: 42 U.S.C. 9836A) Health, 5601 Fishers Lane, Room 3G50, Veterans who are homeless and their John M. Sweet Jr., Rockville, MD 20892 (Virtual Meeting). families find and sustain permanent Contact Person: Louis A. Rosenthal, Ph.D., ACF/OPRE Certifying Officer. housing. The 2017 Appropriations Act Scientific Review Officer, Scientific Review also requires HUD to publish in the [FR Doc. 2021–06639 Filed 3–30–21; 8:45 am] Program, Division of Extramural Activities, BILLING CODE 4184–40–P Federal Register the ‘‘need’’ and National Institute of Allergy and Infectious ‘‘administrative capacity’’ review and Diseases, National Institutes of Health, 5601 selection criteria HUD includes in the Fishers Lane, Room 3G50, Rockville, MD Tribal HUD–VASH Notice of Funding DEPARTMENT OF HEALTH AND 20852, (240) 669–5070, rosenthalla@ Availability. HUMAN SERVICES niaid.nih.gov. This Notice does not provide National Institutes of Health (Catalogue of Federal Domestic Assistance information on the application process. Program Nos. 93.855, Allergy, Immunology, Those seeking to review all of the National Institute of Allergy and and Transplantation Research; 93.856, NOFA’s content and/or apply for funds Infectious Diseases; Notice of Closed Microbiology and Infectious Diseases may do so at https://www.grants.gov/ Meeting Research, National Institutes of Health, HHS) web/grants/view- Pursuant to section 10(d) of the Dated: March 25, 2021. opportunity.html?oppId=330966. Federal Advisory Committee Act, as Tyeshia M. Roberson, FOR FURTHER INFORMATION CONTACT: amended, notice is hereby given of the Program Analyst, Office of Federal Advisory Hilary Atkin, Department of Housing following meeting. Committee Policy. and Urban Development, 451 Seventh The meeting will be closed to the [FR Doc. 2021–06563 Filed 3–30–21; 8:45 am] Street SW, Room 4108, Washington, DC public in accordance with the BILLING CODE 4140–01–P 20410–8000; telephone (202) 402–3427 provisions set forth in sections (this is not a toll-free number). VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16742 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices Individuals with speech or hearing On May 22, 2018, HUD published a apply for Tribal HUD–VASH funds, may impairments may access this number Notice in the Federal Register, titled do so at https://www.grants.gov/web/ through TTY by calling the Federal ‘‘Implementation of the Tribal HUD–VA grants/view- Information Relay Service at (800) 877– Supportive Housing Program,’’ 83 FR opportunity.html?oppId=330966. 8339 (this is a toll-free number). 23710, that consolidated all Tribal SUPPLEMENTARY INFORMATION: HUD–VASH program requirements, II. Tribal HUD–VASH Expansion: provided application and submission Rating Criteria and Review and I. Background information, and established HUD’s Selection Process Information The Tribal HUD–VA Supportive procedures for issuing renewal funding The review criteria and information Housing (Tribal HUD–VASH) subject to the availability of future demonstration program was established appropriations. In September 2018, on the review and selection process under the Consolidated and Further HUD provided the original 26 Indian contained in Sections V.A. and V.B. in Continuing Appropriations Act, 2015 Tribes and TDHEs participating in the the ‘‘Tribal HUD–VASH Expansion’’ (Pub. L. 113–235, approved December program with $3,765,568 of the $7 NOFA, published January 15, 2021, at 16, 2014) (2015 Appropriations Act), million in renewal funding. https://www.grants.gov/web/grants/ and provides grants to Indian Tribes and In accordance with the 2017 view-opportunity.html?oppId=330966, Tribally Designated Housing Entities Appropriations Act, HUD published a are reproduced herein: Notice of Funding Availability (NOFA) (TDHEs) eligible to receive block grants V. Application Review Information. under the Native American Housing on January 15, 2021, announcing the Assistance and Self-Determination Act availability of the remaining $3,234,432 A. Review Criteria of 1996 (NAHASDA). Grantees use HUD in FY 2017 funding for new Tribal funding towards rental assistance for HUD–VASH grants and establishing the 1. Rating Factors Native American Veterans who are criteria HUD would use to award these The factors for rating and ranking homeless or at risk of homelessness, new grants. For Tribal HUD–VASH Tribal HUD–VASH applications and the living on or near a reservation or other funds, the 2017 Appropriations Act points for each factor are explained Indian areas. provides that ‘‘funds shall be awarded below. A maximum of 100 points may The Consolidated Appropriations Act, based on need, and administrative 2017 (Pub. L. 115–31, approved May 5, capacity established by the Secretary [of be awarded under Rating Factors 1, 2, 2017) (2017 Appropriations Act) HUD] in a Notice published in the and 3. To be considered for funding, an provided HUD with $7 million for the Federal Register . . . .’’ Public Law application must receive a minimum of Tribal HUD–VASH demonstration 115–31, div. K, tit. II, 131 Stat. 135, 762. 20 points under Rating Factor 1 and 35 program. Congress directed HUD to use This Notice fulfills this requirement by points under Rating Factor 3. this funding to provide renewal grants restating the rating criteria HUD Applicants that do not meet the to the original Indian Tribes and TDHEs established in the NOFA, including minimum score for each of these rating that received funding under the Section V.A., ‘‘Review Criteria’’ and factors are ineligible to receive an award demonstration program. After awarding Section V.B. on the ‘‘Review and through the competition. Eligible renewal funding, Congress authorized Selection Process.’’ applicants must receive an overall total HUD to use any remaining amounts Those seeking to review all of the of at least 75 points to be considered for appropriated to fund new grants. NOFA’s content, or those seeking to funding. Rating factor Factor title Points Rating Factor 1 ... CAPACITY OF THE APPLICANT (Minimum of 20 points needed to meet threshold requirement) ...... 30 Subfactor 1.1 Managerial and Technical Staff ...... 6 Subfactor 1.2 Technical Capacity ...... 6 Subfactor 1.3 Findings ...... 6 Subfactor 1.4 Timely Reporting ...... 6 Subfactor 1.5 Expenditures ...... 6 Rating Factor 2 ... NEED ...... 20 Subfactor 2.1 Identified Needs ...... 10 Subfactor 2.2 Supporting Information ...... 5 Subfactor 2.3 Severity of the Problem ...... 5 Rating Factor 3 ... CAPACITY TO ADMINISTER THE PROGRAM (Minimum of 35 points needed to meet threshold requirement) ...... 50 Subfactor 3.1 Implementation Plan and Schedule ...... 10 Subfactor 3.2 Availability of Housing Stock ...... 10 Subfactor 3.3 Budget ...... 10 Subfactor 3.4 Coordination with Department of Veterans Affairs ...... 10 Subfactor 3.5 Coordination with Partners ...... 5 Subfactor 3.6 Outputs and Outcomes ...... 5 Total Points (Minimum of 75 points needed to meet threshold requirement) ...... 100 Rating Factor 1: Capacity of the Applicants must demonstrate that narrative. If the applicant does not Applicant they possess or can obtain the currently have the managerial or managerial and technical staff necessary technical staff, then the applicant must Maximum Points: 30 to implement a Tribal HUD–VASH address how it will obtain staff to Subfactor 1.1. Managerial and grant. manage and/or other assistance (e.g., Technical Staff The applicant must address the contractors, consultants, subaward, etc.) Maximum Points: 6 following components in its workplan to help manage and implement the VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16743 program, and how it will ensure that all The applicant adequately addressed that it will take to ensure that it will are qualified in accordance with the this Subfactor but was either missing implement policies and procedures for following components: one of the components outlined in this managing the Tribal HUD–VASH 1. A description of the knowledge and Subfactor or the applicant addressed all program based on the Subfactor criteria experience of key staff, including the of the required components but lacked described. program manager, that will implement detail to warrant full points under this (4 points) the Tribal HUD–VASH program; Subfactor. The applicant adequately addressed 2. Discussion of relevant training or (3 points) this Subfactor but was either missing experience working with homeless and/ The applicant adequately addressed one of the components outlined in this or at risk of homelessness populations this Subfactor but was missing 2–3 of Subfactor or the applicant addressed all or Veterans; of the required components but lacked 3. Understanding of supportive the components outlined in this Subfactor. detail to warrant full points under this housing and other evidence-based Subfactor. practices used by Tribal HUD–VASH; (0 points) (3 points) 4. Recent housing experience of key The application did not include any staff (within 5 years); of the information described above to The applicant adequately addressed 5. Any successful accomplishments receive points under this Subfactor or this Subfactor but was missing 2–3 of related to working with the homeless, at the applicant addressed this Subfactor the components outlined in this risk of homelessness population, or but was missing 4 or more components. Subfactor. Veterans. Successful accomplishments (0 points) include producing measurable impact Subfactor 1.2. Technical Capacity The application did not include any on the quality and/or quantity of Maximum Points: 6 of the information described above to housing affecting the tribal homeless The applicant must address the receive points under this Subfactor or community. Some indicators of success measures that have been taken, or that the applicant addressed this Subfactor may include a description of key it will take to ensure that it will but was missing 4 or more components. outcomes (e.g., reduction of homeless implement policies and procedures for Subfactor 1.3. Findings population rate, innovative homeless managing the Tribal HUD–VASH self-sufficiency programs, etc.), overall program. Maximum Points: 6 impact of the accomplishment, award The applicant should explain how its For this Subfactor, HUD will evaluate recognition, etc.; and policies and procedures address the the applicant’s performance during the 6. The extent to which the program following components: rating period of October 1, 2017, up to manager’s time commitments and other 1. How it will comply with program and including the application key program personnel are appropriate requirements and procedures to ensure submission deadline. To receive and adequate to meet the program’s that its key personnel have the maximum points, the applicant must objectives. information and tools they need to not have had any Single Audit findings, Applicants proposing the manage the program; HUD–ONAP monitoring findings (IHBG, construction, acquisition, or 2. Steps for managing waiting lists; Indian Community Development Block rehabilitation of units to house Veterans 3. Coordination efforts with VA and Grant (ICDBG), and other programs assisted under the Tribal HUD–VASH HUD staff; monitored by ONAP) or findings program must also include the following 4. Implementing program obligations pertaining to ONAP programs from components in its workplan narrative: (e.g., participating in regular meetings, either HUD’s Office of the Inspector 7. Qualifications and relevant coordination and outreach efforts, etc.), General (OIG) and/or the US experience of staff, contractors, and Government Accountability Office consultants, and sub-grantees for the 5. Implementation of how supportive (GAO) at any time during the rating project; and housing and other evidence-based period. Applicants that have Single 8. Applicant’s own experience in practices will be integrated with Tribal Audit findings pertaining to financial implementing new housing HUD–VASH veterans. management, accounting, and internal construction, acquisition, or Applicants proposing to construct, controls for HUD–ONAP programs rehabilitation projects. rehabilitate, or acquire units for eligible during the rating period will receive HUD will award points as follows: Veterans must also address the zero points in this Subfactor. Applicants (6 points) following component: should not submit workplan narrative The applicant thoroughly addresses 6. The steps it will take to oversee the information or supporting attachments all components outlined in this proper implementation of the parties for this Subfactor, as HUD will utilize Subfactor. The applicant already has its (e.g., contractor, consultants, its own records to verify this own managerial and technical staff to subrecipient, etc.) responsible for information. implement a Tribal HUD–VASH grant. completing the project. (6 points) (5 points) Applicants with existing Tribal HUD– The applicant did not have any Single The applicant does not currently have VASH policies may submit their Audit, HUD–ONAP monitoring, HUD– its own managerial or technical staff to existing policies as supporting OIG, or GAO findings at any time during implement a Tribal HUD–VASH grant. documentation under this Subfactor. the rating period. However, the applicant thoroughly Resources about program (4 points) addresses how it will obtain qualified requirements and procedures can be The applicant had outstanding HUD– staff and/or other assistance (e.g., found online: https://www.hud.gov/ ONAP monitoring, HUD–OIG, or GAO _ _ _ contractors, consultants, subrecipient, program offices/public indian findings during the rating period but etc.) needed to manage and implement housing/ih/tribalhudvash. resolved those findings by the the program based on the components (6 points) established target date(s) or revised outlined in this Subfactor. The applicant thoroughly addresses target date. (4 points) the measures that have been taken or (2 points) VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16744 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices The applicant had HUD–ONAP The applicant did not submit any (6 points) monitoring, HUD–OIG, or GAO findings required reports by the submission The applicant’s combined during the rating period but were not deadlines for HUD–ONAP grants during undisbursed balance in LOCCS is yet due for resolution based on the the one-year period immediately 0–15% of the Tribal HUD–VASH established target date(s) or revised preceding the date that this NOFA is cumulative award amount it received in target date. published. FY15 and FY17. (0 points) Subfactor 1.5. Expenditures (5 points) One of the Following Applies: Maximum Points: 6 The applicant’s combined • During the rating period, the HUD will evaluate administrative undisbursed balance in LOCCS is applicant did not resolve all open capacity by considering how applicants between 16% and 30% of the Tribal HUD–ONAP monitoring, HUD–OIG, have utilized current Tribal HUD–VASH HUD–VASH cumulative award amount or GAO findings by the established or IHBG formula funds using one of the it received in FY15 and FY17. target date(s) or revised target date; or categories below. In awarding points, (4 points) • The applicant had Single Audit HUD will consider the amount of The applicant’s combined findings pertaining to financial undisbursed funds remaining in the undisbursed balance in LOCCS is management, accounting, and internal Line of Credit Control System (LOCCS) between 31% and 45% of the Tribal controls for HUD–ONAP programs for each applicant. HUD–VASH cumulative award amount during the rating period. HUD will evaluate existing Tribal it received in FY15 and FY17. HUD–VASH grantees using Category #1 (2 points) Subfactor 1.4. Timely Reporting below. For applicants that do not Maximum Points: 6 currently administer the Tribal HUD– The applicant’s combined undisbursed balance in LOCCS is Applicants that currently receive VASH program, HUD will evaluate how between 46% and 60% of the Tribal HUD–ONAP grants under the IHBG these IHBG recipients (or if they are not HUD–VASH cumulative award amount formula program, FY18/FY19 IHBG an IHBG recipient, their IHBG formula it received in FY15 and FY17. Competitive Program, Indian recipient) have spent or invested IHBG Community Development Block Grant formula funds using either Category #2 (1 point) (ICDBG) program, COVID–19 Recovery or Category #3 below. In awarding The applicant’s combined Programs (IHBG–CARES and ICDBG– points, HUD will take into account the undisbursed balance in LOCCS is CARES), or Tribal HUD–VASH program amount of unexpended IHBG formula between 61% and 75% of the Tribal must ensure the timely submission of funds remaining in LOCCS and its plans HUD–VASH cumulative award amount the following required reports: Annual for spending undisbursed IHBG funds, it received in FY15 and FY17. Performance Report (APR), Annual or if approved for investments, the (0 points) status of the invested funds and the Status and Evaluation Report (ASER), The applicant’s combined and the Federal Financial Report (SF– applicant’s plans to use these funds for affordable housing activities. In undisbursed balance in LOCCS is more 425). Applicants who have never than 75% of the Tribal HUD–VASH received a HUD–ONAP grant will be assessing an applicant’s undisbursed funds, HUD will neither consider the cumulative award amount it received in awarded 2 points under this Subfactor. FY15 and FY17. HUD will award maximum points to IHBG formula funds awarded in FY 2020 nor the IHBG funds awarded under Category #2: New Applicants That those who have submitted all reports by Are Not Approved for Investing the submission deadlines (which the Coronavirus, Relief, and Economic Security (CARES) Act since Indian Formula IHBG Funds or Approved for includes any granted extensions) for all But Are Not Investing IHBG Formula HUD–ONAP grants during the one-year tribes and TDHEs would have recently been awarded this funding. Eligible Funds period immediately preceding the date For this Subfactor, applicants not that this NOFA is published. Applicants applicants that have ever been allocated IHBG formula funds but neither accept approved to invest formula IHBG funds should not submit workplan narrative will be evaluated on the expenditure of information or supporting attachments those funds nor have a current IHBG formula recipient will automatically IHBG formula funding received in the for this Subfactor, as HUD will utilize last three federal fiscal years (2018– its own records to verify this receive 3 points under Category #2 below. 2020) in comparison with the amount of information. undisbursed IHBG funds remaining in (6 points) Category #1: Existing Tribal HUD– LOCCS on the date this NOFA is The applicant submitted all required VASH Grantees published. reports by the submission deadlines for HUD will review how an existing A new applicant with an undisbursed all HUD–ONAP grants during the one- Tribal HUD–VASH grantee has utilized balance that is more than 25% of IHBG year period immediately preceding the its FY15 and FY17 funds. HUD will formula cumulative amounts that it date that this NOFA is published. compare the total undisbursed balance received for the last three federal fiscal (3 points) awarded from these fiscal years with the years may qualify for full points under The applicant submitted some, but cumulative award amount as of the this Subfactor only if it includes a not all, required reports by the NOFA publication date. HUD will not justification that is satisfactory to HUD submission deadlines for HUD–ONAP include the Tribal HUD–VASH renewal demonstrating well-developed plans to grants during the one-year period grant funding awarded under Notice accumulate IHBG funds to carry out a immediately preceding the date that this PIH–2019–18 and PIH–2020–10 in specific activity in the future. The NOFA is published. evaluating this Subfactor. Applicants justification must include supporting should not submit workplan narrative information on when and how the (2 points) information or supporting attachments recipient intends to spend its The applicant has never received a for this Subfactor, as HUD will utilize undisbursed IHBG funds in the future to HUD–ONAP grant. its own records to verify this qualify for the full 6 points. This may (0 points) information. include specific references to past VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16745 Indian Housing Plans, Annual 2018–2020 Federal fiscal years. The 1. Reasons why the applicant is Performance Reports, or other related applicant did not provide a justification interested in a Tribal HUD–VASH grant; documents. and supporting information 2. Discussion of the magnitude An applicant that has received demonstrating a well-developed plan to (estimated number) and severity of the approval for but not investing its IHBG spend its undisbursed IHBG amounts. applicant’s homeless Veterans or formula funds must clearly state this in Veterans at risk of homelessness Category #3: New Applicants Approved the workplan narrative in order to population; for and Investing IHBG Formula Funds qualify for points under this Subfactor 3. The extent to which specific gaps Option. Applicants should not submit A new applicant approved for or weaknesses in services, housing, or LOCCS or formula funding data for this investing formula IHBG funds in opportunities have been identified and Subfactor, as HUD will utilize its accordance with section 204(b) of how it will be addressed; records to verify. NAHASDA and 24 CFR 1000.58 must 4. Steps taken to identify or estimate Eligible applicants that have ever submit information about its investment the applicant’s total homeless Veterans been allocated IHBG formula funds but balances and its plans to spend the or Veterans at risk of homelessness neither accept those funds nor have a invested IHBG funds on affordable population, including those that may be current IHBG formula recipient will housing activities. eligible for VA benefits; and automatically receive 3 points for this (6 points) 5. Identify the estimated number of Subfactor. The applicant submitted all of the the applicant’s eligible homeless (6 points) following information addressing its Veterans or Veterans at risk of invested IHBG funds: the amount of homelessness population that could be One of the Following Applies: IHBG grant funds that it currently has served under the Tribal HUD–VASH • The applicant’s undisbursed amount invested, the investment securities and program. Resources to determine in LOCCS is 0–25% of IHBG formula other obligations in which the funds are Veteran eligibility for VA supportive cumulative amount for the 2018–2020 invested, and a well-developed plan for services are available online: https:// Federal fiscal years; or spending the invested IHBG funds on www.va.gov/health-care/eligibility/. • The applicant’s undisbursed amount affordable housing activities. 6. Existing grantees (if applicable): In is more than 25% of IHBG formula (3 points) addition to components #1–5 above, cumulative amounts and the The applicant did not submit one of existing grantees must include an applicant provided sufficient the following information addressing its explanation of why additional Tribal justification demonstrating well- invested IHBG grant funds: the amount HUD–VASH funds are needed in order developed plans to accumulate IHBG of IHBG grant funds that it currently has to continue addressing the needs of its funds to carry out specific IHBG invested, the investment securities and eligible homeless or at risk of eligible activities in the future. The other obligations in which the funds are homelessness Veteran population. justification included supporting invested, and a well-developed plan for HUD will award points as follows: information on when and how the spending the invested IHBG funds on (10 points) recipient intends to spend its affordable housing activities. undisbursed IHBG funds in the future. The applicant fully addressed all of (1 point) the components outlined in this (3 points) The applicant did not submit two of Subfactor. One of the Following Applies: the following information addressing its (8 points) • The applicant’s undisbursed amount invested IHBG grant funds: the amount The applicant was either missing one in LOCCS is between 26% and 50% of IHBG grant funds that it currently has of the components outlined in this of IHBG formula cumulative amount invested, the investment securities and Subfactor or the need justification for the 2018–2020 Federal fiscal years. other obligations in which the funds are addressed all of the required The applicant did not provide a invested, and a well-developed plan for components, but lacked detail to justification and supporting spending the invested IHBG funds on warrant full points under this Subfactor. affordable housing activities. information satisfactory to HUD (5 points) demonstrating well-developed plans (0 points) The applicant was missing more than to spend its undisbursed IHBG The application failed to include any one of the components outlined in this amounts; or of the following: information detailing Subfactor. • The applicant does not currently the amount of IHBG grant funds that it administer the IHBG formula program currently has invested, the investment (0 points) and accordingly does not have securities and other obligations in The applicant did not address any of balances of IHBG funds. which the funds are invested, and a the components described above to (1 point) well-developed plan for spending the receive points under this Subfactor. The applicant’s undisbursed amount invested IHBG funds on affordable Subfactor 2.2. Supporting Information in LOCCS is between 51% and 75% of housing activities. Maximum Points: 5 IHBG formula cumulative amount for Rating Factor 2: Need Applicants must demonstrate need for the 2018–2020 Federal fiscal years. The Maximum Points: 20 the Tribal HUD–VASH program by applicant did not provide a justification Subfactor 2.1. Identified Needs providing supporting information and supporting information satisfactory Maximum Points: 10 verifying the presence of Veterans that to HUD demonstrating well-developed As required by the 2017 are homeless or at risk of homelessness plans to spend its undisbursed IHBG Appropriations Act, HUD will consider in their Indian area (the area where the amounts. need when reviewing applications Tribe or TDHE is authorized to carry out (0 points) received under this NOFA. For this affordable housing activities). The The applicant’s undisbursed amount rating factor, the applicant must address supporting information must correlate in LOCCS is more than 75% of IHBG the following components in its with the identified needs discussed in formula cumulative amount for the workplan narrative: Subfactor 2.1. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16746 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices Examples of acceptable The estimated number of identified FCAS, Title VI, Low-Income Housing documentation may include, but are not homeless Veterans or Veterans at risk of Tax Credit, Section 184, tribal, etc.) and limited to: homelessness is at least equal to but less identify the age of the stock as of the 1. Point-in-Time counts; than twice the number of rental housing application deadline established in this 2. Waiting lists with homeless units requested by the applicant. NOFA. Applicants that propose to use Veterans or Veterans at risk of (0 points) existing housing stock to house Veterans homelessness; The estimated number of homeless will not be awarded the maximum 3. Number of overcrowded Veterans or Veterans at risk of points under Subfactor 3.2 below, households with residents that are at homelessness is less than the number of unless it is newly constructed or risk of homelessness rental housing units requested by the acquired for Veterans 12 months or less 4. A list of eligible Veterans from the applicant. prior to the application deadline Tribal Veteran’s Representative; Rating Factor 3: Capacity to Administer established in this NOFA 5. Data from the local VA; the Program 6. The length of time the Tribal HUD– 6. U.S. Census Bureau’s American Maximum Points: 50 VASH assistance would not be used Community Survey (ACS) data; and while waiting for the units to be Subfactor 3.1. Implementation Plan and 7. Any supporting documentation completed (e.g. constructed, acquired, Implementation Schedule demonstrating to HUD’s satisfaction the or rehabilitated) and what activities the Maximum Points: 10 presence of homeless Veterans or applicant will continue to implement Veterans at risk of homelessness. HUD will assess the applicant’s during this time. Note that projects with HUD will award points as follows: administrative capacity to implement its new construction timeframes longer (5 points) proposed Tribal HUD–VASH program than two years will not be approved; by reviewing its workplan narrative. In The applicant provided supporting 7. The number of units and the type addition, the applicant must include a of structure to which the assistance information that correlates with the schedule of specific tasks in its identified needs discussed in Subfactor units will be attached; and Implementation Schedule. 8. The project ownership and 2.1. The applicant must describe the (3 points) evidence of site control. As stated in the program in detail and include the Consolidated Notice, Project-Based The applicant provided supporting following components in its workplan Rental Assistance may be provided to information. However, not all of the narrative and Implementation Schedule: privately owned housing with a contract 1. Type of Tribal HUD–VASH information submitted correlates with with the owner of the housing, or a unit Assistance: Tenant-Based vs. Project- the identified needs discussed in that is owned or operated by the tribe/ Based: The applicant must describe its Subfactor 2.1. TDHE. rationale for requesting Tenant-Based (0 points) HUD will award points as follows: Rental Assistance and/or Project-Based The applicant did not provide Rental Assistance. The rationale must (10 points) supporting information, or the correlate with the need discussed in The workplan narrative and information submitted does not Rating Factor 2, Need; Implementation Schedule include all of correlate with any of the identified 2. Units of Assistance Requested: The the components outlined in this needs discussed in Subfactor 2.1. workplan narrative must include a Subfactor, including components #5–8 Subfactor 2.3. Severity of the Problem justification for the total number of if the applicant is proposing Project- Maximum Points: 5 rental housing units that the Tribe or Based Rental Assistance. For this Subfactor, HUD will assess TDHE plans to provide. The justification (7 points) need based on severity of the applicant’s must correlate with the information identified homeless Veterans or submitted under Rating Factor 2, Need, One of the Following Applies Veterans at risk of homelessness and criteria established in this NOFA, • The workplan narrative and population. Points will be awarded and must address housing availability. Implementation Schedule are either based on how the estimated number of The number of units requested in the missing one of the components outlined identified homeless Veterans or justification must match the information in this Subfactor, including components Veterans at risk of homelessness provided on the Units of Assistance #5–8 if the applicant is proposing compares to the number of rental Table(s) submitted with the application; Project-Based Rental Assistance; or housing units requested by the 3. Location of the units where eligible • The plan addressed all of the applicant. HUD will use information Veterans may be housed (e.g., include a required components but lacked detail submitted for Subfactors 2.1, 2.2, and map, address and/or aerial photo); and to warrant full points under this 3.1 for this Subfactor review. 4. If applicable, description of how Subfactor. (5 points) the applicant plans to operate and (5 points) maintain any units owned or operated The estimated number of identified The applicant is requesting the by the applicant. homeless Veterans or Veterans at risk of majority of funds towards Project-Based An applicant proposing Project-Based homelessness is at least three times the Rental Assistance and workplan Rental Assistance must also address the number of rental housing units narrative and Implementation Schedule requested by the applicant. following in its workplan narrative: 5. Housing stock: Description of are missing more than one but less than (3 points) whether the applicant plans to leverage five of the components outlined in this The estimated number of identified other resources to construct, acquire, or Subfactor. homeless Veterans or Veterans at risk of rehabilitate housing stock for the use of (0 points) homelessness is at least twice but less eligible Veterans. If the applicant is not The applicant is either requesting the than three times the number of rental planning to increase its housing stock majority of funds towards Project-Based housing units requested by the and is instead using its existing stock, Rental Assistance and the workplan applicant. then the applicant must describe what narrative and Implementation Schedule (1 point) type of units it plans to use (e.g. IHBG, are missing five or more of the VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16747 components outlined in this Subfactor and detailed budget. Applicants that resources or skills necessary to or the applicant is requesting the propose an equal amount of federal implement the proposed activity, either majority of funds towards Tenant-Based funds towards both Project-Based and in cash or through in-kind Rental Assistance and the workplan Tenant-Based projects will be rated contributions, if HUD awards Tribal narrative and Implementation Schedule according to Category #1- Project-Based HUD–VASH funds. Federal sources are are missing two or more of the Rental Assistance, as this in keeping only allowed to be used as leveraging if components outlined in this Subfactor. with HUD’s priority to increase the permitted by a program’s authorizing Subfactor 3.2. Availability of Housing number of new housing units available statute. Contributions that could be Stock for eligible Veterans under the program. considered as leveraged resources for Maximum Points: 10 Category #1: Project-Based Rental point award include, but are not limited HUD recognizes that this additional Assistance to: • Tribal HUD–VASH expansion funding For applicants that request the Tribal government funds; • provides an opportunity to address majority of federal funds for Project- Donations from individuals or severe overcrowding and the lack of Based Rental Assistance, maximum organizations, private foundations, affordable housing in Indian Country. points will be awarded to those that businesses; As such, HUD will award full points have leveraged other funding sources to • State or federal loans or guarantees; under this Subfactor to applicants that increase its housing stock for the use of • Other grant funds; demonstrate the administrative capacity eligible Veterans. • Donated goods and services needed to increase their housing stock for To qualify for full points, applicants for the project; eligible Veterans. Additionally, HUD proposing to increase its housing stock • Land needed for the project; and will award points based on how the for eligible Veterans must identify the • Direct administrative costs. applicant addresses the availability of amount of leveraged funding sources housing stock it would use to house that it has used or plans to use and As indicated in Subfactor 3.1, eligible Veterans under the Tribal HUD– provide firm commitment applicants that propose to use existing VASH program. documentation supporting this amount. housing stock to house Veterans will not For this Subfactor, applicants will be A firm commitment refers to a letter be awarded the maximum points for this rated under either Category #1 or of commitment, memorandum of Subfactor, unless it is newly constructed Category #2 below, depending on the understanding, or agreement to or acquired for Veterans 12 months or nature of the proposed project. participate from an applicant’s partner less prior to the application deadline Applicants that propose both Project- specifying that it agrees to perform and/ established in this NOFA. Based and Tenant-Based projects will be or support an activity specified in the The following table summarizes rated according to the project that application. The firm commitment must acceptable firm commitment constitutes the majority of the federal demonstrate that the partner has the documentation to provide as evidence request amount listed on the SF–424 financial capacity to deliver the of leveraged funds: Leveraged resource Firm commitment documentation needed Tribal Resources ...... • Tribal resolution committing funds, housing stock, or equivalent; the resolution (or equivalent) must identify the exact dollar amount (or value of resources to be committed). Federal Resources ...... • IHBG formula funds (whether administered by the tribe or a TDHE) in keeping with ONAP Program Guidance No. 2018–01(IHBG in the Tribal HUD–VASH Program: Æ Leveraging with current program year funds: The most recently approved Indian Housing Plan (IHP) must identify the dollar amount and commit the IHBG resources to the project. If not currently approved in the most recent IHP, the application must state that an amendment to the IHP will be processed if the appli- cant is awarded Tribal HUD–VASH funds. Æ Future IHBG funding: If future IHBG funds will be used, the application must identify the program year and the dollar amount of IHBG funds that will be used. • Other Federal Program Funds: Might include funds from the U.S. Department of Agriculture, Indian Health Service, Bureau of Indian Affairs, or any other federal agency. If allowable by the Federal program’s statute, the applicant should submit statement (e.g., letter, email, etc.) from the Federal agency approving the amount of funds to be committed for leveraging. Public Agency, Foundation, • Letters of commitment which must include: or Other Private Party. Æ The donor organization’s name; Æ The specific funds proposed; Æ The dollar amount of the financial or in-kind resource; Æ Method for valuation; Æ The purpose of that resource within the proposed project; and Æ Signed commitment from an official of the organization legally authorized to make the commitment. • Memorandum of understanding, and/or agreement to participate, including any conditions to which the contribu- tion may be subject. Goods and Services ...... • Must demonstrate that the donated items are necessary to the actual development of the project and include comparable costs that support the donation. Land ...... • Land valuation must be established using one of the following methods and the documentation must be con- tained in the application. The application of land valuation documentation must state the method used to deter- mine land value and identify the land value. Land that has previously been used as leverage towards other ONAP competitions may not be proposed as leveraging for this NOFA. • The methods for land valuation include: Æ A site-specific appraisal no more than two years old; Æ An appraisal of a nearby comparable site also no more than two years old; Æ A reasonable extrapolation of land value based on current area realtor value guides; or Æ A reasonable extrapolation of land value based on recent sales of similar properties in the same area. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16748 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices Grantees will be required to show the applicant is proposing to use resolution or equivalent identifying the evidence that leveraging resources were existing housing stock, without type of housing stock, number of units, actually received and used for their associated rehabilitation costs, and the and the majority age of the units (50% intended purposes through quarterly stock is more than 12 months old from or higher) is 12 months or less from the reports (SF–425) as the project proceeds. the application deadline established in application deadline of this NOFA. HUD recognizes that in some cases, this NOFA for its Tribal HUD–VASH (9 points) the applicant cannot receive a firm program. The applicant provided agreements or commitment of non-tribal funds by the (0 points) letters of partnerships with local application deadline. In such cases, the The applicant proposed to increase its landlords for all rental units where applicant must include a statement from housing stock for the use of eligible eligible Veterans may be housed, as the contributing entity that describes Veterans by leveraging other sources of identified in Subfactor 3.1- why the firm commitment cannot be funding but did not provide firm Implementation Plan and made at the current time. The statement commitment documentation for all Implementation Schedule. The must say that the tribe/organization and sources of leveraging resources. applicant is also proposing to offer its proposed project meets the eligibility Category #2: Tenant-Based Rental own housing stock as an option for criteria for receiving the leveraged Assistance eligible Veterans and provided a tribal funds. It must also include a date by Applicants requesting funding to resolution or equivalent identifying the which the funding decisions will be provide Tenant-Based Rental Assistance type of housing stock and number of made. This date cannot be over six must submit supporting documentation units. However, the majority age of the months from the anticipated date of demonstrating the availability of rental units (49% or less) is older than 12 grant approval by HUD. If the applicant units where eligible Veterans may be months from the application deadline of does not provide HUD with evidence of housed, if awarded a Tribal HUD–VASH this NOFA. the firm commitment from the original grant. (8 points) leverage source or an alternative source Documentation for this Subfactor The applicant provided agreements or within six months of the date of grant must include agreements or letters of letters of partnerships with local approval, or if anticipated leverage is partnerships with local landlords landlords for all rental units where not provided, HUD will re-rate and re- showing commitment to house eligible eligible Veterans may be housed, as rank the application with the updated Veterans as identified in Subfactor 3.1- identified in Subfactor 3.1- leverage information. If the application Implementation Plan and Implementation Plan and is no longer fundable after re-rating and Implementation Schedule. Other forms Implementation Schedule. The re-ranking the application, HUD will of supporting documentation to receive applicant is not proposing to offer its rescind the grant and recapture grant points under this Subfactor include a own housing stock as an option for funds. rental market survey identifying the eligible Veterans. HUD will award points as follows: rental market available for Veterans, or (6 points) (10 points) other documentation satisfactory to The applicant provided agreements or The applicant provided firm HUD demonstrating the availability of housing for Veterans assisted under this letters of partnerships with local commitment documentation for all landlords for some, but not all rental sources of leveraging resources that it program. Applicants that propose to make their units. The applicant provided other has used or plans to use for the supporting documentation for the construction or acquisition of housing own housing stock available for Tenant- Based Rental Assistance must provide remaining rental units where eligible specifically for Veterans and one of the Veterans may be housed, as identified in following applies: supporting documentation in the form of a tribal resolution or equivalent Subfactor 3.1-Implementation Plan and • The applicant is proposing to increase committing units it would offer eligible Implementation Schedule. The its housing stock for the use of eligible Veterans under the program. The applicant is not proposing to offer its Veterans by leveraging other funding resolution (or equivalent) must identify own housing stock as an option for sources for the construction or the type of housing stock (e.g., FCAS, eligible Veterans. acquisition of new units; or NAHASDA, etc.), the number of units, (4 points) • The applicant proposes to use of and the age of the units. The applicant did not provide existing stock that is newly Applicants that propose to use units agreements or letters of partnerships constructed or acquired for Veterans (50% or higher) that have been with local landlords. Rather, the 12 months or less prior to the constructed, acquired, or rehabbed 12 applicant provided other supporting application deadline established in months or less prior to the application documentation for all rental units where this NOFA, as identified in Subfactor deadline of this NOFA will receive more eligible Veterans may be housed, as 3.1. points under this Subfactor versus identified in Subfactor 3.1- (8 points) applicants that propose to use older Implementation Plan and The applicant is proposing to leverage housing stock. Implementation Schedule. The other funding sources for the (10 points) applicant is not proposing to offer its rehabilitation of existing stock for the The applicant provided agreements or own housing stock as an option for use of Veterans. The applicant provided letters of partnerships with local eligible Veterans. firm commitment documentation for all landlords for all rental units where (2 points) sources of leveraging resources that it eligible Veterans may be housed, as The applicant did not provide has used or plans to use for the identified in Subfactor 3.1- agreements or letters of partnerships rehabilitation project. Implementation Plan and with local landlords. Rather, the (5 points) Implementation Schedule. The applicant provided other supporting The applicant is not proposing to applicant is also proposing to offer its documentation for some, but not all increase its housing stock specifically own housing stock as an option for rental units where eligible Veterans may for the use of eligible Veterans. Rather, eligible Veterans, provided a tribal be housed, as identified in Subfactor VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16749 3.1-Implementation Plan and timely case management services to applicant must address the following Implementation Schedule. The support a Tribal HUD–VASH award, components: applicant is not proposing to offer its and how the VA intends to obtain the 1. How the applicant has designed the own housing stock as an option for case manager (VA hire or contract); project and plans to implement it in eligible Veterans. 3. Overview of how the applicant will coordination with community members, (0 points) incorporate the VA partnership into the tribal departments, the Indian Health applicant’s Tribal-HUD–VASH program Service (HIS) or tribal health system, The applicant did not provide any operations; Continuums of Care, Veterans groups, supporting documentation for the rental 4. Description of how supportive nonprofits, homelessness providers, or units where eligible Veterans may be housing evidence-based practices (e.g., other agencies/organizations; housed. Critical Time Intervention, Harm 2. Description of actions taken or to be Subfactor 3.3. Budget Reduction, etc.) will be integrated by the taken to work with partners to support its marketing and outreach efforts to Maximum Points: 10 applicant for this program. (More information is available in the ‘‘Tribal homeless and/or at risk of homelessness HUD will review the detailed budget HUD–VASH Guidebook (April 2016)’’ Veterans; and (Unit of Assistance Table, estimated available at https://www.hud.gov/ 3. Planned efforts to promote administrative fee usage, and if program_offices/public_indian_ employment opportunities for homeless applicable, project costs for the housing/ih/tribalhudvash); and/or at risk of homelessness Veterans. development of new units) according to 5. Applicant’s understanding of case (5 points) the following criteria: manager criteria, recruitment and The applicant thoroughly described 1. Budget is thoroughly prepared, selection, including any anticipated its coordination efforts with other with all costs requested on the SF–424 involvement of tribal entities and partners in its workplan narrative and accounted for and calculations shown potential barriers to obtaining a case discussed all of this Subfactor’s by the applicant; manager; components in detail. 2. Budget figures are consistent 6. Joint VA and tribal efforts to (3 points) throughout the application; identify and conduct outreach to The applicant adequately addressed 3. Costs are allowable, allocable, eligible homeless and/or at risk of reasonable, and necessary for this Subfactor but was either missing homelessness veterans; and one of the components outlined in this implementing the proposed Tribal 7. Applicant’s plan for on-going HUD–VASH program; and Subfactor or the applicant addressed all communication with the VA. of the required components but lacked 4. All budget calculations are (10 points) mathematically correct. detail to warrant full points under this The applicant thoroughly described Points will be awarded as follows: Subfactor. its coordination efforts with the VA in (0 points) (10 points) its workplan narrative and demonstrates The application did not include any The detailed budget fully satisfied all a full understanding of the VA’s role in of the information described above to of the criteria outlined in this Subfactor. implementing the program. The receive points under this Subfactor. (8 points) applicant discussed all of the Subfactor Subfactor 3.6. Outputs and Outcomes The detailed budget adequately components in detail. satisfied all but one of the criteria (8 points) Maximum Points: 5 outlined in this Subfactor. The applicant adequately addressed The applicant must include outcomes (5 points) this Subfactor but was either missing and outputs it strives to achieve with the project and describe them in detail. The detailed budget did not satisfy one of the components outlined in this Outputs are measured in the volume of two criteria outlined in this Subfactor Subfactor or the applicant addressed all of the required components but lacked work accomplished and must correlate (0 points) detail to warrant full points under this with the nature of the Tribal HUD– The detailed budget was missing Subfactor. VASH program activities proposed and information and/or did not satisfy three (6 points) discussed in Rating Factors 2 and 3 of or more criteria outlined in this The applicant adequately addressed the workplan narrative. They should be Subfactor. this Subfactor but was missing 2–3 of clear enough to allow HUD to monitor Subfactor 3.4. Coordination With the the components outlined in this and assess the proposed project or Department of Veterans Affairs Subfactor. program’s progress if funded. An outcome is the impact achieved from (4 points) Maximum Points: 10 the outputs of the proposed project or This Subfactor awards points based The applicant addressed this program. They should be quantifiable on how an applicant will take Subfactor but was missing 4 or more measures or indicators that identify the affirmative steps to coordinate with the components outlined in this Subfactor. change in the community, people’s VA Medical Center that serves its tribal (0 points) lives, economic status, etc. Discussion area and its overall understanding of the The application did not include any and coordination with VA facility staff VA’s role in implementing the program. of the information described above to can help identify clear outputs and The applicant must address the receive points under this Subfactor. outcomes as part of the investigation/ following components in its workplan planning process. Subfactor 3.5. Coordination With narrative: Examples of outputs could include Partners 1. Identify which VA Medical Center but are not limited to: or VA Healthcare System the applicant Maximum Points: 5 • Number of eligible Veterans assisted will partner with for the program; The applicant is encouraged to • Number of rental units identified/ 2. Description of the VA’s agreement involve other partners in developing number of partnerships with local to participate in Tribal HUD–VASH, and implementing the Tribal HUD– landlords (Tenant-Based Housing commitment and capacity to provide VASH program. For this Subfactor, the Assistance) VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16750 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices • Number of Project-Based units 2. Other Factors applicable reporting requirements, constructed, acquired, or rehabilitated Preference Points conformance to the terms and for the eligible Veterans conditions of previous Federal • Number of outreach meetings and HUD encourages activities in support awards, and if applicable, the extent efforts undertaken to coordinate of the Secretary’s FY20 Initiatives. HUD to which any previously awarded assistance with partners may award up to two (2) points for any amounts will be expended prior to Examples of outcomes could include of the 3 preferences (OZ, PZ or HBCU). future awards; • but are not limited to: Opportunity Zones Reports and findings from audits • Number of eligible Veterans exiting performed under Subpart F—Audit This program does not offer the Tribal HUD–VASH program to Requirements of this part or the Opportunity Zone preference points. permanent housing reports and findings of any other • Number of eligible Veterans HBCU available audits; and • The applicant’s ability to effectively graduating (no longer needing case This program does not offer HBCU implement statutory, regulatory, or management services from the VA) preference points. • Reduction of eligible Veterans on a other requirements imposed on non- tribe/TDHE’s waiting list Promise Zones Federal entities. • Increase in available housing stock for This program does not offer Promise 3. Application Selection Process eligible Veterans Zone preference points. HUD will review each application • Increased in fiscal resources for B. Review and Selection Process from an eligible applicant and assign eligible Veterans during participation points in accordance with the selection in the Tribal HUD–VASH program by 1. Past Performance factors described in this section. obtaining employment or appropriate In evaluating applications for funding, disability and/or other benefits (e.g., HUD will consider an applicant’s past (a) Application Screening and Supplemental Nutrition Assistance performance in managing funds. Items Acceptance Program, etc.) for which the Veteran HUD will consider include, but are not ONAP will screen and accept is eligible, and learning and utilizing limited to: applications if they meet all the criteria effective money management The ability to account for funds in listed below: practices compliance with applicable reporting • The application is received or • Obtain maximal ‘‘self-sufficiency’’ as and recordkeeping requirements; submitted in accordance with the appropriate to their functional Timely use of funds received from requirements of this NOFA; abilities, as evidenced by HUD; • The applicant is eligible to submit an independently meeting tenancy Timely submission and quality of application; requirements (such as paying rent reports submitted to HUD; • The proposed project is eligible; and portion on time, maintaining the unit, Meeting program requirements; • The application contains all of the following the rules of the landlord, Meeting performance targets as applicable components listed in allowing others peaceful enjoyment of established in the grant agreement; Section IV.B. of this NOFA. their unit, etc.), practicing wellness The applicant’s organizational strategies and attending to their capacity, including staffing structures (b) Threshold Compliance healthcare needs, attending to and capabilities; HUD will review each application personal needs (e.g., independently Timely completion of activities and that passes the screening process to taking care of activities of daily receipt and expenditure of promised ensure that each applicant and each living), and engaging in social and matching or leveraged funds; proposed project meets the eligibility community activities to increase HUD may reduce scores as specified and submission thresholds in the purposeful, meaningful activities and under V. A. Review Criteria. Whenever Eligibility Requirements and this NOFA. establish/maintain healthy and possible, HUD will obtain past effective social supports performance information. If this review (c) Past Performance (5 points) results in an adverse finding related to HUD will evaluate applicants’ past integrity or performance, HUD reserves The applicant clearly described performance under Rating Factor 1– the right to take any of the remedies measurable outputs and outcomes for Capacity of the Applicant. provided in Section III. E Statutory and the Tribal HUD–VASH program Regulatory Requirements Affecting (d) Rating activities proposed in the workplan. Eligibility, ‘‘Pre-selection Review of HUD will rate all eligible applications (3 points) Performance’’ document link above. that meet the Threshold Requirements The applicant included measurable 2. Assessing Applicant Risk against the criteria in Rating Factors 1 outputs and outcomes for the Tribal through 3 and assign a rating score. The HUD–VASH program activities In evaluating risks posed by maximum total rating score for the three proposed in the workplan but did not applicants, HUD may use a risk-based Rating Factors is 100 points. HUD will clearly describe them in detail. approach and may consider any items review and rate each application that (1 points) such as the following: meets the acceptance criteria and • Financial stability; The applicant included either threshold requirements. Once all • Quality of management systems and measurable outputs or outcomes for applications are rated, HUD will ability to meet the management Tribal HUD–VASH program activities conduct a review to ensure consistency standards prescribed in this part; proposed in the workplan, but not both. in the application rating. • History of performance. The (0 points) applicant’s record in managing (e) Minimum Points The application did not contain the Federal awards, if it is a prior To be considered for funding, the information described above to receive recipient of Federal awards, including application must receive a minimum of points under this Subfactor. timeliness of compliance with 20 points under Rating Factor 1- VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16751 Capacity of the Applicant, a minimum 4. Applicants that score the highest the next day that is not a Saturday, of 35 points under Rating Factor 3- cumulative points for Rating Factor 1- Sunday, or Federal holiday. If an Capacity to Administer the Program, Capacity of the Applicant and Rating applicant does not respond within the and an overall score of at least 75 Factor 2-Need. prescribed time period or makes an points. HUD will reject any application insufficient response, then ONAP will (i) Additional Tribal HUD–VASH Funds that does not meet the minimum rating determine that the requirement has score requirements. If, after publication of this NOFA, not been met and will withdraw the additional funds become available grant offer. Applicants may not (f) Ranked Order through additional appropriations or substitute new projects for those HUD will place eligible applications recaptured funds, HUD reserves the originally proposed in the application that meet the minimum rating score right to: and any new information will not requirements in ranked order. Funds 1. Award funding to additional affect the project’s rating and ranking. will be awarded in rank order based on applicants based on their score from this The time period for calculating the the score received on the application competition; response deadline for pre-award submitted under this NOFA. Applicants 2. Use the additional funds to provide requirements begins on the day after within the fundable range of 75 or more additional funding to an applicant receipt of the pre-award letter from points will be considered for funding in awarded less than the original requested ONAP. ranked order up to the amount amount of funds to make the full award; (k) Agency Errors requested, or a lesser amount if and sufficient funds are not available. 3. Fund additional applicants that Judgments made within the Meeting the minimum score of 75 points were eligible to receive an award but for provisions of this NOFA and all does not guarantee a funding award will which there were no funds available program statutory and regulatory be made. HUD also reserves the right to from the FY 2017 appropriations; and requirements are not subject to claim of 4. Award funding to applicants that adjust funding to meet urgent policy error. There is no appeal process. An meet the funding errors category in priorities. HUD reserves the right to applicant may however, bring section VI.A. below. issue a supplemental or independent arithmetic errors in application scoring NOFA if necessary (e.g., to ensure that (j) Curable Deficiencies and Pre-Award to the attention of HUD within 30 days all appropriated funds are awarded). Requirements: of being informed of its score. (g) Grant Award Adjustments • Curable Deficiencies: If there are (l) Anticipated Announcement and curable deficiencies identified in Award Dates At its discretion, if HUD determines successful applications, then Following the evaluation process, that there are not enough funds applicants must satisfactorily address HUD will notify successful applicants of available to fully fund a project as these deficiencies before HUD can their selection for funding. HUD will proposed by a successful applicant, then make a grant award. HUD may contact the applicant to • Pre-Award Requirements: Successful also notify other applicants, whose determine whether revisions can be applicants may have to provide applications were received by the made to the program budget, workplan supporting documentation concerning deadline, but have not been chosen for narrative, and Implementation Schedule the management, maintenance, awards. Notifications will be sent by to reflect the actual award offer. If it is operation, or financing of proposed email to the person listed as the not possible to agree on a revised projects before a grant agreement can Authorized Representative listed on the program budget, workplan narrative, be executed. HUD may ask for SF–424. HUD anticipates announcing and Implementation Schedule, then an additional information on the scope, awards under this NOFA approximately award will not be made to that magnitude, timing, budget, method of four to six months after the application applicant. In such an instance, HUD implementing the project or any due date. may offer an award, in a rank order, to proposed leveraging resources. HUD Authority: 42 U.S.C. 3535(d); Consolidated another applicant. HUD may also select may also ask further information to and Further Continuing Appropriations Act, additional applications for funding, in verify the commitment of other 2015 (Pub. L. 113–235, approved December rank order, if additional funds become resources required to complete, 16, 2014); Consolidated Appropriations Act, available. See also Adjustments to 2017 (Pub. L. 115–31, approved May 5, operate, or maintain the proposed 2017). Funding information in section VI.A. project. HUD will notify applicants by below. email, facsimile, or via the U.S. Postal Dominique G. Blom, (h) Tiebreakers Service, return receipt requested. General Deputy Assistant Secretary for Public HUD will provide official notification and Indian Housing. When rating results in a tied score to the authorized representative. Each [FR Doc. 2021–06595 Filed 3–30–21; 8:45 am] and there is not enough money to fund applicant must provide accurate email BILLING CODE 4210–67–P all tied scored applications, HUD will addresses for receipt of these use the following factors in the order notifications and must monitor their listed to resolve the tie: email accounts to determine whether DEPARTMENT OF THE INTERIOR 1. HUD will approve applications that a notification has been received. can be fully funded over those that Applicants will be provided no less Fish and Wildlife Service cannot be fully funded; than 48 hours and no more than 2. Applicants that receive the most fourteen (14) calendar days from the [FWS–R1–ES–2021–N019; points according to Subfactor 3.2, date of receipt of the HUD notification FXES11130100000–212–FF01E00000] Availability of Housing Stock; to respond to these requirements. No Endangered Species; Receipt of 3. Applicants that propose to leverage extensions will be provided. If the Recovery Permit Applications other funding sources to increase its deadline date falls on a Saturday, housing stock for the use of eligible Sunday, or Federal holiday, the AGENCY: Fish and Wildlife Service, Veterans; and response must be received by HUD on Interior. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16752 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices ACTION: Notice of receipt of permit FOR FURTHER INFORMATION CONTACT: species for scientific purposes that applications; request for comments. Colleen Henson, Regional Recovery promote recovery or for enhancement of Permit Coordinator, Ecological Services, propagation or survival of the species. SUMMARY: We, the U.S. Fish and (503) 231–6131 (phone); permitsR1ES@ These activities often include such Wildlife Service, have received fws.gov (email). Individuals who are prohibited actions as capture and applications for permits to conduct hearing or speech impaired may call the activities intended to enhance the collection. Our regulations Federal Relay Service at 1–800–877– implementing section 10(a)(1)(A) for propagation and survival of endangered 8339 for TTY assistance. species under the Endangered Species these permits are found in the Code of SUPPLEMENTARY INFORMATION: We, the Act of 1973, as amended. We invite the Federal Regulations (CFR) at 50 CFR U.S. Fish and Wildlife Service, invite public and local, State, Tribal, and 17.22 for endangered wildlife species, the public to comment on applications Federal agencies to comment on these 50 CFR 17.32 for threatened wildlife for permits under section 10(a)(1)(A) of applications. Before issuing the species, 50 CFR 17.62 for endangered the Endangered Species Act, as requested permits, we will take into plant species, and 50 CFR 17.72 for amended (ESA; 16 U.S.C. 1531 et seq.). consideration any information that we threatened plant species. The requested permits would allow the receive during the public comment applicants to conduct activities period. Permit Applications Available for intended to promote recovery of species Review and Comment DATES: We must receive your written that are listed as endangered under the comments on or before April 30, 2021. ESA. Proposed activities in the following ADDRESSES: Document availability and permit requests are for the recovery and Background comment submission: Submit a request enhancement of propagation or survival for a copy of the application and related With some exceptions, the ESA of the species in the wild. The ESA documents and submit any comments prohibits activities that constitute take requires that we invite public comment by one of the following methods. All of listed species unless a Federal permit before issuing these permits. requests and comments should specify is issued that allows such activity. The Accordingly, we invite local, State, the applicant name and application ESA’s definition of ‘‘take’’ includes such Tribal, and Federal agencies and the activities as pursuing, harassing, number (e.g., Dana Ross TE–08964A–2): public to submit written data, views, or • Email: [email protected]. trapping, capturing, or collecting, in arguments with respect to these • U.S. Mail: Marilet Zablan, Program addition to hunting, shooting, harming, applications. The comments and Manager, Restoration and Endangered wounding, or killing. Species Classification, Ecological A recovery permit issued by us under recommendations that will be most Services, U.S. Fish and Wildlife Service, section 10(a)(1)(A) of the ESA useful and likely to influence agency Portland Regional Office, 911 NE 11th authorizes the permittee to conduct decisions are those supported by Avenue, Portland, OR 97232–4181. activities with endangered or threatened quantitative information or studies. Application Permit No. Applicant, city, state Species Location Take activity action TE38768B ..... Micronesian Environmental Mariana common moorhen GU, MP .. Harass by survey ...... Amend. Services, Saipan, MP. (Gallinula chloropus guami), Micronesian megapode (Megapodius laperouse), nightingale reed-warbler (Acrocephalus luscinia). CS0003146 ... SR3 SeaLife Response, Reha- Hawksbill sea turtle OR, WA Rehabilitation and transfer of New. bilitation, and Research, Des (Eretmochelys imbricata), stranded sea turtles. Moines, WA. leatherback sea turtle (Dermochelys coriacea), log- gerhead sea turtle (Caretta caretta). Public Availability of Comments from individuals identifying themselves 1973, as amended (16 U.S.C. 1531 et as representatives or officials of seq.). Written comments we receive become organizations or businesses, will be Marjorie Nelson, part of the administrative record made available for public disclosure in associated with this action. Before their entirety. Acting Assistant Regional Director–Ecological including your address, phone number, Services, Pacific Region. email address, or other personal Next Steps [FR Doc. 2021–06600 Filed 3–30–21; 8:45 am] identifying information in your BILLING CODE 4333–15–P comment, you should be aware that If we decide to issue a permit to an your entire comment—including your applicant listed in this notice, we will personal identifying information—may publish a notice in the Federal Register. be made publicly available at any time. Authority While you can request in your comment that we withhold your personal We publish this notice under section identifying information from public 10(c) of the Endangered Species Act of review, we cannot guarantee that we will be able to do so. All submissions from organizations or businesses, and VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00052 Fmt 4703 Sfmt 9990 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16753 DEPARTMENT OF THE INTERIOR ADDRESSES: Information about the certain conditions set forth in each applications for the permits listed in permit. For each application for an Fish and Wildlife Service this notice is available online at endangered species, we found that (1) www.regulations.gov. See the application was filed in good faith, [Docket No. FWS–HQ–IA–2020–0140; SUPPLEMENTARY INFORMATION for details. (2) the granted permit would not operate FXIA16710900000–212–FF09A30000] FOR FURTHER INFORMATION CONTACT: Tim to the disadvantage of the endangered MacDonald, by phone at 703–358–2185, species, and (3) the granted permit Endangered Species; Marine via email at [email protected], or via the would be consistent with the purposes Mammals; Issuance of Permits Federal Relay Service at 800–877–8339. and policy set forth in section 2 of the SUPPLEMENTARY INFORMATION: We, the ESA. AGENCY: Fish and Wildlife Service, U.S. Fish and Wildlife Service (Service), Interior. Availability of Documents have issued permits to conduct certain ACTION: Notice of issuance of permits. activities with endangered and The permittees’ original permit threatened species in response to permit application materials, along with public SUMMARY: We, the U.S. Fish and applications that we received under the comments we received during public Wildlife Service, have issued the authority of section 10(a)(1)(A) of the comment periods for the applications, following permits to conduct certain Endangered Species Act of 1973 (16 are available for review. To locate the activities with endangered species, U.S.C. 1531 et seq.) application materials and received marine mammals, or both. We issue After considering the information comments, go to www.regulations.gov these permits under the Endangered submitted with each permit application and search for the appropriate permit Species Act (ESA) and Marine Mammal and the public comments received, we number (e.g., 12345C) provided in the Protection Act (MMPA). issued the requested permits subject to following table: ENDANGERED SPECIES Permit No. Applicant Permit issuance date 56953D ...... Tony Goldberg ...... August 14, 2020. 69406D ...... U.S. Fish and Wildlife Service, Carlsbad Fish and Wildlife Office ...... August 17, 2020. 60225D ...... Minnesota Zoological Gardens ...... August 17, 2020. 60002D ...... Columbus Zoo and Aquarium ...... August 17, 2020. 49147D ...... Toledo Zoological Society ...... August 19, 2020. 76438D ...... Royal Botanic Gardens, Kew; c/o U.S. Fish and Wildlife Service ...... August 19, 2020. 63307D ...... University of Massachusetts at Amherst ...... August 19, 2020. 56470D ...... Chattanooga Zoo ...... August 18, 2020. 59321D ...... Peoria Zoo at Glen Oak Park ...... August 21, 2020. 105568 ...... United States Geological Survey, National Wildlife Health Center ...... October 9, 2020. 003005 ...... Louisiana State University, Museum of Natural Science ...... October 19, 2020. 93328C ...... University of Texas at Arlington, Amphibian and Reptile Diversity Research Center ...... October 19, 2020. 075249 ...... Sam Noble Oklahoma Museum of Natural History ...... October 26, 2020. 672849 ...... Priour Brothers Ranch ...... October 27, 2020. 707102 ...... Priour Brothers Ranch ...... November 4, 2020. 50097D ...... Rockin’ S Exotic Game Ranch LLC ...... October 27, 2020. 50118D ...... Rockin’ S Exotic Game Ranch LLC ...... October 27, 2020. 66472D ...... Minnesota Zoological Gardens ...... November 2, 2020. 69314D ...... Stanford University ...... November 2, 2020. 76665D ...... 777 Ranch ...... October 19, 2020. 60507D ...... Lonesome Bull Ranch ...... October 9, 2020. 68664D ...... Lonesome Bull Ranch ...... October 9, 2020. 70028D ...... Maryland Zoo in Baltimore ...... November 24, 2020. 56752D ...... International Center for the Preservation of Wild Animals (The Wilds) ...... November 23, 2020. 59433D ...... Mississippi Aquarium ...... November 23, 2020. 66451D ...... Saint Louis Zoo ...... November 23, 2020. 69790D ...... Animal Ark Wildlife Sanctuary ...... November 23, 2020. 70466A ...... Lucky 7 Ranch ...... November 23, 2020. 70470A ...... Lucky 7 Ranch ...... November 23, 2020. MARINE MAMMALS Permit No. Applicant Permit issuance date 791721 ...... U.S. Geological Survey dba USGS Sirenia Project ...... October 20, 2020. 37946D ...... Charlie Hamilton James ...... November 20, 2020. 37058D ...... Charlie Hamilton James ...... November 18, 2020. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16754 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices Authorities PRB/3W; 5275 Leesburg Pike; Falls submissions from organizations or We issue this notice under the Church, VA 22041–3803. businesses, and from individuals authority of the Endangered Species For more information, see Public identifying themselves as Act, as amended (16 U.S.C. 1531 et Comment Procedures under representatives or officials of seq.), and the Marine Mammal SUPPLEMENTARY INFORMATION. organizations or businesses, will be Protection Act as amended (16 U.S.C. FOR FURTHER INFORMATION CONTACT: Tim made available for public disclosure in 1361 et seq.) and their implementing MacDonald, by phone at 703–358–2185, their entirety. regulations. via email at [email protected], or via the II. Background Federal Relay Service at 800–877–8339. Timothy MacDonald, To help us carry out our conservation SUPPLEMENTARY INFORMATION: Government Information Specialist, Branch responsibilities for affected species, and of Permits, Division of Management I. Public Comment Procedures in consideration of section 10(c) of the Authority. Endangered Species Act of 1973, as A. How do I comment on submitted amended (ESA; 16 U.S.C. 1531 et seq.), [FR Doc. 2021–06576 Filed 3–30–21; 8:45 am] applications? BILLING CODE 4333–15–P we invite public comments on permit We invite the public and local, State, applications before final action is taken. Tribal, and Federal agencies to comment With some exceptions, the ESA DEPARTMENT OF THE INTERIOR on these applications. Before issuing prohibits certain activities with listed any of the requested permits, we will species unless Federal authorization is Fish and Wildlife Service take into consideration any information issued that allows such activities. [Docket No. FWS–HQ–IA–2020–0141; that we receive during the public Permits issued under section 10(a)(1)(A) FXIA16710900000–212–FF09A30000] comment period. of the ESA allow otherwise prohibited You may submit your comments and activities for scientific purposes or to Foreign Endangered Species; Marine materials by one of the methods in enhance the propagation or survival of Mammals; Receipt of Permit ADDRESSES. We will not consider the affected species. Service regulations Applications comments sent by email or fax, or to an regarding prohibited activities with address not in ADDRESSES. We will not endangered species, captive-bred AGENCY: Fish and Wildlife Service, consider or include in our wildlife registrations, and permits for Interior. administrative record comments we any activity otherwise prohibited by the ACTION: Notice of receipt of permit receive after the close of the comment ESA with respect to any endangered applications; request for comments. period (see DATES). species are available in title 50 of the When submitting comments, please Code of Federal Regulations in part 17. SUMMARY: We, the U.S. Fish and specify the name of the applicant and III. Permit Applications Wildlife Service, invite the public to the permit number at the beginning of comment on applications to conduct your comment. Provide sufficient We invite comments on the following certain activities with foreign species information to allow us to authenticate applications. that are listed as endangered under the any scientific or commercial data you Endangered Species Endangered Species Act (ESA). With include. The comments and some exceptions, the ESA prohibits recommendations that will be most Applicant: U.S. Fish and Wildlife activities with listed species unless useful and likely to influence agency Service/National Black-footed Ferret Federal authorization is issued that decisions are: (1) Those supported by Conservation Center, Carr, CO; Permit allows such activities. The ESA also quantitative information or studies; and No. 800411 and Permit No. 086867 requires that we invite public comment (2) those that include citations to, and The applicant requests renewal and before issuing permits for any activity analyses of, the applicable laws and amendment of permits to export, otherwise prohibited by the ESA with regulations. import, and re-import both live captive- respect to any endangered species. born and wild specimens, biological DATES: We must receive comments by B. May I review comments submitted by samples, and salvaged material of black- April 30, 2021. others? footed ferret (Mustela nigripes) to and ADDRESSES: Obtaining Documents: The You may view and comment on from Canada and Mexico for completion applications, application supporting others’ public comments at http:// of identified tasks and objectives materials, and any comments and other www.regulations.gov, unless our mandated under the Black-footed Ferret materials that we receive will be allowing so would violate the Privacy Recovery Plan. Salvaged materials may available for public inspection at http:// Act (5 U.S.C. 552a) or Freedom of include, but are not limited to, whole or www.regulations.gov in Docket No. Information Act (5 U.S.C. 552). partial specimens, blood, tissue, hair, FWS–HQ–IA–2020–0141. and fecal swabs. This notification covers C. Who will see my comments? Submitting Comments: When activities to be conducted by the submitting comments, please specify the If you submit a comment at http:// applicant over a 5-year period. name of the applicant and the permit www.regulations.gov, your entire number at the beginning of your comment, including any personal Applicant: International Crane comment. You may submit comments identifying information, will be posted Foundation, Baraboo, WI; Permit No. by one of the following methods: on the website. If you submit a PER0002969 • Internet: http:// hardcopy comment that includes The applicant requests a permit to www.regulations.gov. Search for and personal identifying information, such export biological samples derived from submit comments on Docket No. FWS– as your address, phone number, or the whooping crane (Grus americana), HQ–IA–2020–0141. email address, you may request at the taken in Arkansas National Wildlife • U.S. mail or hand-delivery: Public top of your document that we withhold Refuge, Austwell, TX, for the purpose of Comments Processing, Attn: Docket No. this information from public review. enhancing the propagation or survival of FWS–HQ–IA–2020–0141; U.S. Fish and However, we cannot guarantee that we the species through scientific research. Wildlife Service Headquarters, MS: will be able to do so. Moreover, all This notification is for a single import. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16755 Applicant: University of Oklahoma, 17.21(g) for the following species to DEPARTMENT OF THE INTERIOR Norman, OK; Permit No. 75498D enhance the propagation or survival of Fish and Wildlife Service The applicant requests a permit to the species. This notification covers import biological samples derived from activities to be conducted by the [FWS–R3–ES–2021–N018; wild Central American river turtles applicant over a 5-year period. FXES11130300000–201–FF03E00000] (Dermatemys mawii), taken in Belize, Common name Scientific name for the purpose of scientific research. Endangered and Threatened Species; Receipt of Recovery Permit This notification is for a single import. Siamese crocodile ...... Crocodylus siamensis White-naped crane ..... Grus vipio Applications Applicant: Memphis Zoo, Memphis, TN; Siamang ...... Symphalangus syndactylus Permit No. 75752D AGENCY: Fish and Wildlife Service, Bornean orangutan ..... Pongo pygmaeus Interior. The applicant requests a permit to Malayan tapir ...... Tapirus indicus ACTION: Notice of receipt of permit import one female captive-born Amur applications; request for comments. leopard (Panthera pardus orientalis) Applicant: Gary Wiechens, Roll, AZ; from Twycross Zoo, Atherstone, United Permit No. 62714D SUMMARY: We, the U.S. Fish and Kingdom, for the purpose of enhancing Wildlife Service, have received The applicant requests a permit to the propagation or survival of the applications for permits to conduct import the sport-hunted trophy of one species. This notification is for a single activities intended to enhance the male scimitar-horned oryx (Oryx import. propagation or survival of endangered dammah) culled from a captive herd in or threatened species under the Applicant: Donald Lee Wehmeyer, Mexico, for the purpose of enhancing Abilene, TX; Permit No. 71813D Endangered Species Act. We invite the the propagation or survival of the public and local, State, Tribal, and The applicant requests a permit to species. Federal agencies to comment on these import a sport-hunted cape mountain Applicant: Richard Roark, Marshall, TX; applications. Before issuing any of the zebra (Equus zebra zebra) trophy from Permit No. 72865D requested permits, we will take into South Africa to enhance the propagation consideration any information that we or survival of the species. This The applicant requests a permit to receive during the public comment notification is for a single import. import a sport-hunted trophy of one period. Applicant: Tortoise Conservatory, LLC, male bontebok (Damaliscus pygargus DATES: We must receive your written Phoenix, AZ; Permit No. 59955B pygargus) culled from a captive herd comments on or before April 30, 2021. maintained under the management The applicant requests a captive-bred ADDRESSES: Document availability and wildlife registration under 50 CFR program of the Republic of South Africa, comment submission: Submit requests 17.21(g) for radiated tortoise for the purpose of enhancing the for copies of the applications and (Astrochelys radiata), to enhance the propagation or survival of the species. related documents, as well as any propagation or survival of the species. IV. Next Steps comments, by one of the following This notification covers activities to be methods. All requests and comments conducted by the applicant over a 5- After the comment period closes, we should specify the applicant name(s) year period. will make decisions regarding permit and application number(s) (e.g., issuance. If we issue permits to any of TEXXXXXX; see table in Applicant: National Aviary in the applicants listed in this notice, we SUPPLEMENTARY INFORMATION): Pittsburgh, Pittsburgh, PA; Permit No. • Email: [email protected]. 71028D will publish a notice in the Federal Register. You may locate the notice Please refer to the respective application The applicant requests a captive-bred announcing the permit issuance by number (e.g., Application No. wildlife registration under 50 CFR searching http://www.regulations.gov TEXXXXXX) in the subject line of your email message. 17.21(g) for the following species, to for the permit number listed above in • U.S. Mail: Regional Director, Attn: enhance the propagation or survival of this document. For example, to find the species. This notification covers Nathan Rathbun, U.S. Fish and Wildlife information about the potential issuance activities to be conducted by the Service, Ecological Services, 5600 of Permit No. 12345A, you would go to applicant over a 5-year period. American Blvd. West, Suite 990, regulations.gov and search for Bloomington, MN 55437–1458. Common name Scientific name ‘‘12345A’’. FOR FURTHER INFORMATION CONTACT: Blue-throated macaw .. Ara glaucogularis V. Authority Nathan Rathbun, 612–713–5343 Guam rail ...... Rallus owstoni (phone); [email protected] (email). Rothschild’s starling .... Leucopsar rothschildi We issue this notice under the Individuals who are hearing or speech Edward’s pheasant ..... Lophura edwardsi authority of the Endangered Species Act Palawan peacock Polyplectron emphanum impaired may call the Federal Relay pheasant. of 1973, as amended (16 U.S.C. 1531 et Service at 1–800–877–8339 for TTY African penguin ...... Spheniscus demersus seq.), and its implementing regulations. assistance. Red siskin ...... Carduelis cucullata Guam kingfisher ...... Halcyon cinnamomina Timothy MacDonald, SUPPLEMENTARY INFORMATION: cinnamomina Government Information Specialist, Branch Cabot’s tragopan Tragopan caboti Background pheasant. of Permits, Division of Management Authority. The Endangered Species Act of 1973, Andean condor ...... Vultur gryphus as amended (ESA; 16 U.S.C. 1531 et [FR Doc. 2021–06575 Filed 3–30–21; 8:45 am] seq.), prohibits certain activities with Applicant: Virginia Zoological Park, BILLING CODE 4333–15–P endangered and threatened species Norfolk, VA; Permit No. 69710D unless authorized by a Federal permit. The applicant requests a captive-bred The ESA and our implementing wildlife registration under 50 CFR regulations in part 17 of title 50 of the VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16756 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices Code of Federal Regulations (CFR) scientific purposes that promote endangered plant species, and 50 CFR provide for the issuance of such permits recovery or for enhancement of 17.72 for threatened plant species. and require that we invite public propagation or survival of the species. Permit Applications Available for comment before issuing permits for Our regulations implementing section Review and Comment activities involving endangered species. 10(a)(1)(A) for these permits are found A recovery permit issued by us under at 50 CFR 17.22 for endangered wildlife We invite local, State, and Federal section 10(a)(1)(A) of the ESA species, 50 CFR 17.32 for threatened agencies; Tribes; and the public to authorizes the permittee to conduct wildlife species, 50 CFR 17.62 for activities with endangered species for comment on the following applications: Permit Application No. Applicant Species Location Activity Type of Take action PER0003286 ..... Elaine Evans, Saint Rusty patched bumble bee (Bombus MN, WI ...... Conduct presence/ Capture, handle, re- Amend Paul, MN. affinis). absence surveys, lease; Pollen document habitat sampling, genetic use, conduct pop- sampling, fecal ulation moni- sampling. toring, evaluate impacts, bio-sam- ple. PER0003023 ..... Samuel Schratz, Gray bat (Myotis grisescens), northern CT, DE, DC, FL, Conduct presence/ Capture, handle, New Villa Park, IL. long-eared bat (M. septentrionalis). LA, ME, MI, NE, absence surveys, mist-net, harp NH, ND, RI, SC, document habitat trap, band, radio- SD, WI, WY. use, conduct pop- tag, PIT tag, col- ulation moni- lect wing biopsy toring, evaluate samples, release. impacts. PER0003405 ..... Crystal Griffin, Over- Gray bat (Myotis grisescens), Indiana AL, AR, CT, DE, Conduct presence/ Capture, handle, New land Park, KS. bat (M. sodalis), northern long-eared GA, IL, IN, IA, absence surveys, mist-net, harp bat (M. septentrionalis), Ozark big- KS, KY, ME, MD, document habitat trap, band, radio- eared bat (Corynorhinus towsendii MA, MI, MN, MS, use, conduct pop- tag, collect hair ingens), Virginia big-eared bat (C.t. MO, NE, NH, NJ, ulation moni- and wing biopsy virginianus). NY, NC, ND, OH, toring, evaluate samples, release. OK, PA, RI, SC, impacts. SD, TN, VT, VA, WV, WI. PER0003488 ..... Brooke Hines, Gray bat (Myotis grisescens), Indiana AL, AR, CT, DE, Conduct presence/ Capture, handle, Renew Littlejohn, CO. bat (M. sodalis), northern long-eared DC, FL, GA, IL, absence surveys, mist-net, harp bat (M. septentrionalis), Virginia big- IN, IA, KS, KY, document habitat trap, band, radio- eared bat (Corynorhinus towsendii ME, MD, MA, MI, use, conduct pop- tag, light ta, PIT virginianus). MN, MS, MO, NE, ulation moni- tag, collect hair, NH, NJ, NY, NC, toring, evaluate fugal lift tape, ND, OH, OK, PA, impacts. swab and wing bi- RI, SC, SD, TN, opsy samples, VT, VA, WV, WI. enter hibernacula and maternity roost caves, re- lease, salvage. PER0003355 ..... Josiah Maine, Kan- Add: Gray bat (Myotis grisescens) to ex- AR, CT, DC, DE, IA, Conduct presence/ Capture, handle, Amend and sas City, MO. isting permitted species: Indiana bat IN, KY, KS, MA, absence surveys, hold, mist-net, renew (Myotis sodalis) and northern long- ME, MD, MI, MN, document habitat band, radio-tag, eared bat (M. septentrionalis). MO, NH, NJ, NY, use, conduct pop- release. OH, OK, PA, RI, ulation moni- SD, TN, VA, VT, toring, evaluate WI, WV. impacts. PER0003135 ..... Katie Baker, Arling- Gray bat (Myotis grisescens), Indiana AL, AR, CT, DE, FL, Conduct presence/ Capture, handle, New ton Heights, IL. bat (M. sodalis), northern long-eared GA, IL, IN, IA, absence surveys, mist-net, band, bat (M. septentrionalis), Ozark big- KS, KY, LA, ME, document habitat radio-tag, collect eared bat (Corynorhinus towsendii MD, MA, MI, MN, use, conduct pop- hair and wing bi- ingens), Virginia big-eared bat (C.t. MS, MO, MT, NE, ulation moni- opsy samples, re- virginianus). NH, NJ, NY, NC, toring, evaluate lease, salvage. ND, OH, OK, PA, impacts. RI, SC, SD, TN, VT, VA, WV, WI, WY. PER0003373 ..... Stantec Consulting Gray bat (Myotis grisescens), Indiana AL, AR, CT, DE, FL, Conduct presence/ Capture, handle, Amend and Services, Inc., bat (M. sodalis), northern long-eared GA, IL, IN, IA, absence surveys, mist-net, harp renew Columbus, OH. bat (M. septentrionalis). KS, KY, LA, MD, document habitat trap, band, radio- MA, MI, MN, MS, use, conduct pop- tag, enter MO, MT, NE, NH, ulation moni- hibernacula or NJ, NY, NC, ND, toring, evaluate maternity roost OH, OK, PA, RI, impacts. caves. SC, SD, TN, VT, VA, WV, WI, WY. PER0003201 ..... Braden Hoffman, Indiana bat (Myotis sodalis), gray bat AL, AK, CT, FL, GA, Conduct presence/ Capture, handle, Renew Daniels, WV. (M. grisescens), northern long-eared IA, IL, IN, KY, KS, absence surveys, mist-net, harp bat (M. septentrionalis), Virginia big- MA, MD, MI, MO, document habitat trap, band, radio- eared bat (Corynorhinus townsendii MS, NC, NJ, NY, use, conduct pop- tag, release. virginianus). OH, OK, PA, TN, ulation moni- VA, VT, WV. toring, evaluate impacts. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16757 Permit Application No. Applicant Species Location Activity Type of Take action PER0002967 ..... Donald Solick, Fort Gray bat (Myotis grisescens), Indiana AL, AR, CT, DE, Conduct presence/ Capture, handle, New Collins, CO. bat (M. sodalis), northern long-eared DC, FL, GA, IL, absence surveys, mist-net, harp bat (M. septentrionalis). IN, IA, KS, KY, document habitat trap, band, radio- LA, ME, MD, MA, use, conduct pop- tag, release. MI, MN, MS, MO, ulation moni- MT, NE, NH, NJ, toring, evaluate NY, NC, ND, OH, impacts. OK, PA, RI, SC, SD, TN, VT, VA, WV, WI, WY. TE64080B ...... Michigan Natural Add: Eastern Massasauga Rattlesnake MI ...... Conduct presence/ Capture, handle, Amend and Features Inven- (Sistrurus catenatus) and Rusty absence surveys, hold, pit-tag, renew tory, Lansing, MI. patched bumble bee (Bombus affinus) document habitat blood sample, re- to existing permitted species: Indiana use, conduct pop- lease. bat (Myotis sodalis), northern long- ulation moni- eared bat (M. septentrionalis), toring, evaluate copperbelly water snake (Nerodia impacts. erythrogaster neglecta), American burying beetle (Nicrophorus americanus), Hine’s emerald dragonfly (Somatochlora hineana), Karner blue butterfly (Somatochlora hineana), Mitchell’s satyr (Neonympha mitchellii mitchellii), poweshiek skipperling (Oarisma poweshiek), white cat’s paw (Epioblasma obliquata perobliqua), northern riffleshell (Epioblasma torulosa rangiana), snuffbox (Epioblasma triquetra), clubshell (Pleurobema clava), rayed bean (Villosa fabalis), American Hart’s- tongue fern (Asplenium scolopendrium var. americum), pitcher’s thistle (Cirsium pitcher), lakeside daisy (Hymenoxys herbacea), dwarf lake iris (Iris lacustris), small whorled pogonia (Isotria medeoloides), Michigan mon- key flower (Mimulus michiganensis), eastern prairie fringed orchid (Platanthera leucophaea), Houghton’s goldenrod (Solidago houghtonii). PER0003114 ..... Timothy Brust, Eastern massasauga rattlesnake IA, IN, MI, MN, NY, Conduct presence/ Capture, handle, re- New Greenup, KY. (Sistrurus catenatus). OH, PA, WI. absence surveys, lease. document habitat use, conduct pop- ulation moni- toring, evaluate impacts. PER0003423 ..... The Ohio State Uni- Clubshell (Pleurobema clava), rayed OH ...... Conduct presence/ Long-term hold ...... New versity, Colum- bean (Villosa fabalis), rabbitsfoot absence surveys, bus, OH. (Quadrula cylindrica cylindrica). document habitat use, conduct pop- ulation moni- toring, evaluate impacts. Public Availability of Comments representatives or officials of 1973, as amended (16 U.S.C. 1531 et Written comments we receive become organizations or businesses, will be seq.). made available for public disclosure in part of the administrative record Lori Nordstrom, their entirety. associated with this action. Before Assistant Regional Director, Ecological including your address, phone number, Next Steps Services. email address, or other personal [FR Doc. 2021–06603 Filed 3–30–21; 8:45 am] identifying information in your If we decide to issue permits to any comment, you should be aware that of the applicants listed in this notice, BILLING CODE 4333–15–P your entire comment—including your we will publish a notice in the Federal personal identifying information—may Register. be made publicly available at any time. While you can request in your comment Authority that we withhold your personal We publish this notice under section identifying information from public 10(c) of the Endangered Species Act of review, we cannot guarantee that we will be able to do so. Moreover, all submissions from organizations or businesses, and from individuals identifying themselves as VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00057 Fmt 4703 Sfmt 9990 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16758 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices DEPARTMENT OF THE INTERIOR minimize the burden of this collection have come together by passing the on the respondents, including through American Rescue Plan to offer relief to Bureau of Indian Affairs the use of information technology. the public and, relevant to this [212A2100DD/AAKC001030/ Comments that you submit in information collection, to Tribes A0A501010.999900; OMB Control Number response to this notice are a matter of affected by the COVID–19 pandemic. 1076–NEW] public record. Before including your BIA must collect this information address, phone number, email address, immediately to ensure effective, Agency Information Collection or other personal identifying accurate, and timely distribution of Activities; Submission to the Office of information in your comment, you assistance to respond to the coronavirus Management and Budget; Tribal should be aware that your entire pandemic in Indian Country, as Enrollment Count comment—including your personal provided in the American Rescue Plan. identifying information—may be made An agency may not conduct or AGENCY: Bureau of Indian Affairs, publicly available at any time. While sponsor and a person is not required to Interior. you can ask us in your comment to respond to a collection of information ACTION: Notice of information collection; withhold your personal identifying unless it displays a currently valid OMB request for comment. information from public review, we control number. cannot guarantee that we will be able to The authority for this action is the SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 Paperwork Reduction Act of 1995, we, do so. Abstract: Enrollment data is an U.S.C. 3501 et seq). the Bureau of Indian Affairs (BIA), are important source of information which requesting the Office of Management Elizabeth K. Appel, allows the Indian Affairs and other and Budget (OMB) to conduct an Federal agencies to equitably distribute Director, Office of Regulatory Affairs and emergency review of a new information Collaborative Action—Indian Affairs. resources because it is a quantifiable collection. representation of a Tribe’s population. [FR Doc. 2021–06593 Filed 3–30–21; 8:45 am] DATES: Interested persons are invited to Different population sizes generally BILLING CODE 4337–15–P submit comments on or before April 30, require different levels of services and 2021. resources. BIA must collect this ADDRESSES: Send written comments on information immediately to ensure DEPARTMENT OF JUSTICE this information collection request (ICR) effective, accurate, and timely by mail to Jeanette Hanna, Deputy Bureau of Alcohol, Tobacco, Firearms distribution of assistance to respond to and Explosives Bureau Director of the Office of Indian the coronavirus pandemic in Indian Services, [email protected]. Country, as provided in the American [OMB Number 1140–0008] Please reference OMB Control Number Rescue Plan which was recently signed 1076–NEW in the subject line of your into law. Specifically, enrollment data Agency Information Collection comments. will be a primary data source to inform Activities; Proposed eCollection of eComments Requested; Revision of a FOR FURTHER INFORMATION CONTACT: To Indian Affairs’ allocation of $900 Currently Approved Collection; request additional information about million in assistance to Tribal nations, Application and Permit for Permanent this ICR, contact Jeanette Hanna by as well as $19 billion to be distributed Exportation of Firearms (National email at [email protected], or by by the Department of the Treasury. Firearms Act)—ATF Form 9 (5320.9) telephone at (202) 208–2874. You may Timely collection is especially critical also view the ICR at http:// as Treasury must allocate their funding AGENCY: Bureau of Alcohol, Tobacco, www.reginfo.gov/public/do/PRAMain. within 60 days of enactment of the Firearms and Explosives, Department of SUPPLEMENTARY INFORMATION: In American Rescue Plan. Justice. accordance with the Paperwork Title of Collection: Tribal Enrollment ACTION: 30-day notice. Reduction Act of 1995, we provide the Count. OMB Control Number: 1076- NEW. general public and other Federal SUMMARY: The Bureau of Alcohol, Form Number: None. Tobacco, Firearms and Explosives agencies with an opportunity to Type of Review: New information comment on new, proposed, revised, (ATF), Department of Justice (DOJ) will collection. submit the following information and continuing collections of Respondents/Affected Public: Indian information. This helps us assess the collection request to the Office of Tribes. Management and Budget (OMB) for impact of our information collection Total Estimated Number of Annual requirements and minimize the public’s review and approval in accordance with Respondents: 574 per year. the Paperwork Reduction Act of 1995. reporting burden. It also helps the Total Estimated Number of Annual DATES: Comments are encouraged and public understand our information Responses: 574 per year. will be accepted for an additional 30 collection requirements and provide the Estimated Completion Time per days until April 30, 2021. requested data in the desired format. Response: 1 hour. We are soliciting comments on the Total Estimated Number of Annual ADDRESSES: Written comments and proposed ICR that is described below. Burden Hours: 574 hours. recommendations for the proposed We are especially interested in public Respondent’s Obligation: Voluntary. information collection should be sent comment addressing the following Frequency of Collection: Once. within 30 days of publication of this issues: (1) Is the collection necessary to Total Estimated Annual Nonhour notice to www.reginfo.gov/public/do/ the proper functions of the BIA; (2) will Burden Cost: $0. PRAMain. Find this particular this information be processed and used Additional Information: An information collection by selecting in a timely manner; (3) is the estimate emergency clearance approval for this ‘‘Currently under 30-day Review—Open of burden accurate; (4) how might the information collection is due to the for Public Comments’’ or by using the BIA enhance the quality, utility, and following conditions: Under the current search function. clarity of the information to be unprecedented national health SUPPLEMENTARY INFORMATION: Written collected; and (5) how might the BIA emergency, Congress and the President comments and suggestions from the VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16759 public and affected agencies concerning collection: The estimated annual public for Public Comments’’ or by using the the proposed collection of information burden associated with this collection is search function. are encouraged. Your comments should 712 hours, which is equal to 2,373 (# of SUPPLEMENTARY INFORMATION: Written address one or more of the following respondents) * .3 (18 minutes). comments and suggestions from the four points: (7) An Explanation of the Change in public and affected agencies concerning —Evaluate whether the proposed Estimates: Due to a higher volume of the proposed collection of information collection of information is necessary industry submissions for this are encouraged. Your comments should for the proper performance of the information collection, both the total address one or more of the following functions of the agency, including respondents and burden hours have four points: whether the information will have increased by 590 and 177 hours —Evaluate whether the proposed practical utility; respectively since the last renewal in collection of information is necessary —Evaluate the accuracy of the agency’s 2017. estimate of the burden of the for the proper performance of the If additional information is required functions of the agency, including proposed collection of information, contact: Melody Braswell, Department including the validity of the whether the information will have Clearance Officer, United States practical utility; methodology and assumptions used; Department of Justice, Justice —Evaluate whether and if so how the —Evaluate the accuracy of the agency’s Management Division, Policy and estimate of the burden of the quality, utility, and clarity of the Planning Staff, Two Constitution information to be collected can be proposed collection of information, Square, 145 N Street NE, 3E.405A, including the validity of the enhanced; and Washington, DC 20530. —Minimize the burden of the collection methodology and assumptions used; of information on those who are to Dated: March 26, 2021. —Evaluate whether and if so how the respond, including through the use of Melody Braswell, quality, utility, and clarity of the appropriate automated, electronic, Department Clearance Officer for PRA, U.S. information to be collected can be mechanical, or other technological Department of Justice. enhanced; and collection techniques or other forms [FR Doc. 2021–06611 Filed 3–30–21; 8:45 am] —Minimize the burden of the collection of information technology, e.g., BILLING CODE 4410–14–P of information on those who are to permitting electronic submission of respond, including through the use of responses. appropriate automated, electronic, DEPARTMENT OF JUSTICE mechanical, or other technological Overview of This Information collection techniques or other forms Collection Bureau of Alcohol, Tobacco, Firearms of information technology, e.g., (1) Type of Information Collection: and Explosives permitting electronic submission of Revision of a currently approved responses. collection. [OMB Number 1140–0106] Overview of this information (2) The Title of the Form/Collection: collection: Application and Permit for Permanent Agency Information Collection (1) Type of Information Collection: Exportation of Firearms (National Activities; Proposed eCollection of Extension without change of a currently Firearms Act). eComments Requested; Extension approved collection. (3) The agency form number, if any, Without Change of a Currently (2) The Title of the Form/Collection: and the applicable component of the Approved Collection; Arson and Arson and Explosives Training Department sponsoring the collection: Explosives Training Registration Form number: ATF Form 9 (5320.9). Registration Request for Non-ATF Request for Non-ATF Employees—ATF Employees. Component: Bureau of Alcohol, Form 6310.1 Tobacco, Firearms and Explosives, U.S. (3) The agency form number, if any, and the applicable component of the Department of Justice. AGENCY: Bureau of Alcohol, Tobacco, (4) Affected public who will be asked Firearms and Explosives, Department of Department sponsoring the collection: Form number: ATF Form 6310.1. or required to respond, as well as a brief Justice. Component: Bureau of Alcohol, abstract: ACTION: 30-Day notice. Primary: Business or other for-profit. Tobacco, Firearms and Explosives, U.S. Department of Justice. Other: Federal Government. SUMMARY: The Bureau of Alcohol, (4) Affected public who will be asked Abstract: The Application and Permit Tobacco, Firearms and Explosives or required to respond, as well as a brief for Permanent Exportation of Firearms (ATF), Department of Justice (DOJ) will abstract: (National Firearms Act)—ATF Form 9 submit the following information Primary: Federal Government and (5320.9) is completed by Federal collection request to the Office of State, Local or Tribal Government. firearms licensees who have paid the Management and Budget (OMB) for special (occupational) tax, when Other: None. review and approval in accordance with Abstract: The Arson and Explosives requesting authorization to deal, the Paperwork Reduction Act of 1995. manufacture and/or import NFA Training Registration Request for Non- firearms. DATES: Comments are encouraged and ATF Employees—ATF Form 6310.1 is (5) An estimate of the total number of will be accepted for an additional 30 used by Federal, State, local, military, respondents and the amount of time days until April 30, 2021. and international law enforcement estimated for an average respondent to ADDRESSES: Written comments and investigators to apply to attend or obtain respond: An estimated 2,373 recommendations for the proposed program information about arson and respondents will use the form annually, information collection should be sent explosives training provided by the and it will take each respondent within 30 days of publication of this Bureau of Alcohol Tobacco, Firearms approximately 18 minutes to complete notice to www.reginfo.gov/public/do/ and Explosives (ATF). their responses. PRAMain. Find this particular (5) An estimate of the total number of (6) An estimate of the total public information collection by selecting respondents and the amount of time burden (in hours) associated with the ‘‘Currently under 30-day Review—Open estimated for an average respondent to VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16760 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices respond: An estimated 500 respondents the proposed collection of information If additional information is required will use the form annually, and it will are encouraged. Your comments should contact: Melody Braswell, Department take each respondent approximately 6 address one or more of the following Clearance Officer, United States minutes to complete their responses. four points: Department of Justice, Justice (6) An estimate of the total public —Evaluate whether the proposed Management Division, Policy and burden (in hours) associated with the collection of information is necessary Planning Staff, Two Constitution collection: The estimated annual public for the proper performance of the Square, 145 N Street NE, 3E.405A, burden associated with this collection is functions of the agency, including Washington, DC 20530. 50 hours, which is equal to 500 (# of whether the information will have Dated: March 26, 2021. respondents) * .1 (6 minutes). practical utility; Melody Braswell, If additional information is required —Evaluate the accuracy of the agency’s contact: Melody Braswell, Department Department Clearance Officer for PRA, U.S. estimate of the burden of the Department of Justice. Clearance Officer, United States proposed collection of information, [FR Doc. 2021–06609 Filed 3–30–21; 8:45 am] Department of Justice, Justice including the validity of the Management Division, Policy and methodology and assumptions used; BILLING CODE 4410–14–P Planning Staff, Two Constitution —Evaluate whether and if so how the Square, 145 N Street NE, 3E.405A, quality, utility, and clarity of the DEPARTMENT OF JUSTICE Washington, DC 20530. information to be collected can be Dated: March 26, 2021. enhanced; and Drug Enforcement Administration Melody Braswell, —Minimize the burden of the collection of information on those who are to [Docket No. 17–45] Department Clearance Officer for PRA, U.S. respond, including through the use of Department of Justice. Ester Mark, M.D.; Decision and Order appropriate automated, electronic, [FR Doc. 2021–06586 Filed 3–30–21; 8:45 am] mechanical, or other technological On July 7, 2017, a former Assistant BILLING CODE 4410–14–P collection techniques or other forms Administrator of the Drug Enforcement of information technology, e.g., Administration (hereinafter, DEA or DEPARTMENT OF JUSTICE permitting electronic submission of Government), issued an Order to Show responses. Cause (hereinafter, OSC) to Ester Mark, M.D., (hereinafter, Respondent) of Bureau of Alcohol, Tobacco, Firearms Overview of This Information Newport Beach, California. and Explosives Collection Administrative Law Judge Exhibit 1, [OMB Number 1140–0068] (1) Type of Information Collection: (OSC) at 1. The OSC proposed to revoke Extension, without change, of a Agency Information Collection her DEA Certificate of Registration currently approved collection. Activities; Proposed eCollection of (hereinafter, COR) No. BM5370123, and (2) The Title of the Form/Collection: deny her pending application COR No. eComments Requested; Extension Police Check Inquiry. Without Change of a Currently W15069021C pursuant to 21 U.S.C. (3) The agency form number, if any, 823(f) and 824(a)(4) for the reason that Approved Collection; Police Check and the applicable component of the Inquiry—ATF F 8620.42 Respondent’s ‘‘continued registration is Department sponsoring the collection: inconsistent with the public interest.’’ AGENCY: Bureau of Alcohol, Tobacco, Form number: ATF Form 8620.42. Id. Firearms and Explosives, Department of Component: Bureau of Alcohol, In response to the OSC, Respondent Justice. Tobacco, Firearms and Explosives, U.S. timely requested a hearing before an Department of Justice. ACTION: 30-day notice. Administrative Law Judge. ALJ–2. The (4) Affected public who will be asked hearing in this matter was held in Santa SUMMARY: The Bureau of Alcohol, or required to respond, as well as a brief Ana, California, on January 23–24, 2018. Tobacco, Firearms and Explosives abstract: On April 5, 2018, Administrative Law Primary: Individuals or households. (ATF), Department of Justice (DOJ) will Judge Charles Wm. Dorman (hereinafter, submit the following information Other: None. Abstract: The Police Check Inquiry— ALJ) issued Recommended Rulings, collection request to the Office of Findings of Fact, Conclusions of Law Management and Budget (OMB) for ATF Form 8620.42 is used to collect personally identifiable information (PII) and Decision (hereinafter, review and approval in accordance with Recommended Decision or RD), and on the Paperwork Reduction Act of 1995. to determine if non-ATF personnel meet the basic requirements for escorted May 9, 2018, the Respondent filed DATES: Comments are encouraged and access to ATF facilities, non-sensitive exceptions (hereinafter, Resp will be accepted for an additional 30 information and/or construction sites. Exceptions) to the Recommended days until April 30, 2021. (5) An estimate of the total number of Decision. The Government did not file ADDRESSES: Written comments and respondents and the amount of time any exceptions to the Recommended recommendations for the proposed estimated for an average respondent to Decision or a response to Respondent’s information collection should be sent respond: An estimated 1,000 exceptions. Having reviewed the entire within 30 days of publication of this respondents will use the form annually, record, I find the Respondent’s notice to www.reginfo.gov/public/do/ and it will take each respondent Exceptions without merit and I adopt PRAMain. Find this particular approximately 4.98 minutes to complete the ALJ’s rulings, findings of fact, as information collection by selecting their responses. modified, conclusions of law and ‘‘Currently under 30-day Review—Open (6) An estimate of the total public recommended sanction with minor *A for Public Comments’’ or by using the burden (in hours) associated with the modifications, where noted herein. search function. collection: The estimated annual public *A SUPPLEMENTARY INFORMATION: I have made minor modifications to the RD. I Written burden associated with this collection is have substituted initials or titles for the names of comments and suggestions from the 83 hours, which is equal to 1,000 (# of witnesses and patients to protect their privacy and public and affected agencies concerning respondents) * .083 (4.98 minutes). I have made minor, nonsubstantive, grammatical VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16761 Order findings conflict with the Respondent’s CFR 1301.75(b), Respondent argues that Pursuant to 28 CFR 0.100(b) and the pre-hearing stipulations, lack her extra security measures demonstrate authority vested in me by 21 U.S.C. evidentiary support in the substantial compliance with this 824(a), I hereby revoke DEA Certificate Administrative Record, have no regulation. Resp Exceptions, at 13–17. of Registration No. BM5370123 issued relevance to the allegations sustained by She further argues that DEA has not to Ester Mark, M.D. Further, pursuant to the ALJ, or constitute arguments rather established prima facie case on this 28 CFR 0.100(b) and the authority than factual allegations. allegation due to the absence of Lastly, the Respondent’s proposed vested in me by 21 U.S.C. 823(f), I evidence regarding whether her office findings of fact omit many factual hereby deny the pending application, door had a lock. Id. Respondent refers findings made by the ALJ. To the extent control number W15069021C, for to her sworn interview, where she Respondent intended such omissions as renewal or modification of this described a variety of security measures exceptions to those factual findings, I registration, as well as any other on her home and office, but the ALJ reject those exceptions, having pending application by Ester Mark, concluded that the probative value of concluded that the Administrative such testimony is substantially M.D., for registration in Florida or Record supports the ALJ’s factual diminished because the DEA was not a California. This Order is effective April findings, as modified by this Decision party to the proceeding. RD, at 31, n.14. 30, 2021. and Order. The ALJ also determined that any D. Christopher Evans, Storage Violations evidence of an office door lock would be Acting Administrator. inconsequential, where the room was The ALJ sustained the allegation that not set aside solely for the storage of The Respondent’s Exceptions Respondent violated 21 CFR 1301.75(b). controlled substances. Id. at 31. I agree Respondent filed Exceptions to the RD, at 33. Although the controlled with the ALJ’s decision as outlined RD on May 9, 2018. Exceptions ‘‘shall substances observed in Respondent’s below, and I note that in particular, include a statement of supporting office on two occasions were not stored even if the Respondent could claim reasons for such exceptions, together in a securely locked, substantially confusion as to whether her storage of with evidence of record (including constructed cabinet, as required by 21 controlled substances provided specific and complete citations of the adequate security to be in compliance pages of the transcript and exhibits) and testosterone is a Schedule IV controlled substance with the regulatory requirements, the (id. at I.13.5); Respondent’s office ‘‘was a separate, citations of the authorities relied upon.’’ closed of [sic] area from where patients were seen’’ record supports a finding that she was 21 CFR 1316.66. For the most part, the (id. at 5)(the record does not support this finding— told by DEA and state investigators very Respondent’s Exceptions not only fail to her sworn statement says she sees them ‘‘in my— clearly on several occasions that it was comply with this regulatory you know, downstairs’’ GE–12, at 34); the not. See e.g., GE–12, at 79 (transcript of Respondent’s husband agreed to purchase a safe requirement, but also lack evidentiary (Resp Exceptions, Proposed Finding of Fact II.8, at sworn interview on April 4, 2014, ‘‘just support in the Administrative Record. I 6); with the exception of the first sentence, the so you know, the Federal regulations am addressing some of these Exceptions Respondent’s discussion of patient charts (Resp require that they be stored in a metal in the beginning and have included Exceptions, Proposed Finding of Fact II.13, at 6–7); locked cabinet’’); see also Tr. 23, 36, 130 the Respondent provided investigators a dispensing some throughout the record where log (Resp Exceptions, Proposed Finding of Fact (DEA and state investigators testifying relevant. Others are repetitive of II.14, at 7); the Government did not introduce in that Respondent was told on March 14, Respondent’s Post-Hearing Brief and evidence a property receipt for invoices (Resp 2014, to purchase a safe to store the were addressed by the ALJ in the Exceptions, Proposed Finding of Fact II.18, at 7); controlled substances). Despite being investigators neglected to determine the expiration adopted Recommended Decision herein. dates of the controlled substances they inventoried told repeatedly that her security was not (Resp Exceptions, Proposed Finding of Fact II.19, at adequate, at the time that the search Respondent’s Exceptions to the 7); reference to the Respondent’s Medical Board warrant was executed on June 13, 2014, Findings of Fact interview (Resp Exceptions, Proposed Finding of Respondent had done nothing to further Fact II.22, at 8); the Respondent called the secure the controlled substances.*C The Respondent lists sixty-eight pharmacy to order medications (Resp Exceptions, ‘‘Proposed Findings of Fact,’’ which fall Proposed Finding of Fact III.3, at 8); the investigator Recordkeeping and Prescribing in two categories: Proposed findings never mentioned prescriptions (Resp Exceptions, that mirror those made by the ALJ, and Proposed Finding of Fact III.6, at 9); the Respondent contends that state and those that supplement the findings of Government did not introduce in evidence the federal investigators ‘‘never told [her] or search warrant (Resp Exceptions, Proposed Finding advised [her] to make sure [she] had an fact made by the ALJ. As to the former, of Fact IV.1, at 9); the Government took an the Respondent, in essence, adopts the additional inventory for which it did not include inventory readily available.’’ Id. at 18. ALJ’s findings of fact. Consequently, I a property receipt—the receipt is found in GE–14 The regulations clearly require that decline to consider those proposed for the inventory referenced in the cited transcript Respondent maintain an inventory, and pages (Resp Exceptions, Proposed Finding of Fact furthermore, that ‘‘every inventory and findings, if intended as exceptions. As IV.6, at 10); records of medications ordered by the to the latter, I reject the Respondent’s Respondent (Resp Exceptions, Proposed Finding of other records required to be kept under proposed factual findings that differ Fact V.2, at 11); the respondent’s discussion about this part must be kept by the registrant from those made by the ALJ.*B Those the standard of care in California (Resp Exceptions, and be available, for at least 2 years Proposed Finding of Fact V.4—V.9, at 11); the from the date of such inventory or prescriptions in Exhibit 7 did not include any changes. Where I have made substantive changes, prescriptions written by the Respondent (Resp records, for inspection and copying by omitted language for brevity or relevance, or where Exceptions, Proposed Finding of Fact V.10, at 11); authorized employees of the I have added to or modified the ALJ’s opinion, I the Respondent’s discussion about dosing Administration.’’ 21 CFR 1304.04. have noted the edits with an asterisk, and I have instructions (Resp Exceptions, Proposed Finding of Respondent never produced an included specific descriptions of the modifications Fact V.11, at 11); seven prescriptions were not in brackets following the asterisk or in footnotes obtained outside the California standard of care inventory as the regulations required. marked with an asterisk and a letter. (Resp Exceptions, Proposed Finding of Fact V.12, at Respondent contends in her Exceptions *B Specifically, I reject the following proposed 12); the Respondent’s discussion about E- findings of fact as there is no evidence in the record Compounding and corresponding responsibility *C Additionally, the unrebutted evidence to support them or because they were irrelevant: (Resp Exceptions, Proposed Finding of Fact V.13, at regarding Respondent’s other violations of law are Law enforcement personnel executed a search 12); and the Respondent’s discussion about Dr. enough to support the finding that Respondent’s warrant at her residence on June 12, 2014 (Resp Munzing’s expert testimony (Resp Exceptions, continued registration is inconsistent with the Exceptions, Proposed Finding of Fact I.6, at 5); Proposed Finding of Fact V.14, at 12). public interest. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16762 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices that DEA and state investigators should 14 include different corresponding prescribe during the pendency of the have ‘‘help[ed] her fix [her] mistakes or National Drug Code (NDC) numbers; investigation, before giving her give[n her] a deadline to update [her] therefore, I see no evidence to support procedural due process, to imply that no recordkeeping.’’ Resp Exceptions, at 18. her claim that the counts were violation occurred. See Frank Joseph DEA’s statutory mandate is to ensure inaccurate. Further, even if the two Stirlacci M.D., 85 FR 45,229, 45,236 compliance with the CSA and its dosages had been conflated during the (2019). implementing regulations. Respondent first search, she would still have an Accepting Responsibility showed little aptitude for coming into unexplained shortage. It is also noted compliance given that she did not that Respondent argues that the Respondent contends that she secure her controlled substances after Government’s Exhibit 14 is ‘‘not signed, ‘‘clearly accepted responsibility and repeated notifications that the storage dated or witnessed;’’ however, the first demonstrated remedial measures when was not adequate. page of the exhibit includes a signed, she stopped ordering from E- Respondent also contends that she dated and sworn statement of the Compounding pharmacies, storing keeps dispensing records both in the log ‘‘itemized and individually described controlled substance, prescribing that she introduced and also in her account of evidence seized . . . .’’ GE– controlled substances to family patient files; however, she introduced 14, at 1. members, and self-prescribing, as well no patient files to explain the Finally, Respondent contends that the as when she closed her practice to work discrepancies in her stock of controlled investigators counted more Apap as a medical director for another substances. Id. at 19. I find that the ALJ Codeine in GE–14 than in GE–3, and practice without prescribing controlled addressed all of the arguments in that ‘‘[o]nly mistakes could logically substances and improving her Respondent’s Exceptions related to the account for an in increase in the same recordkeeping to meet the proper dispensing logs herein. medication at the second count.’’ It is requirements of federal and state laws Regarding her prescribing practices, illogical to assume that only a mistake . . . .’’ Resp Exceptions, at 2. Respondent contends that the AMA in the count could explain an overage. Respondent presented no evidence Code of Ethics ‘‘does not forbid The record reflects other overages, so establishing these remedial measures on practitioners from treating themselves Respondent could have acquired the record and did not testify regarding nor prescribing controlled substances. additional controlled substances the allegations. Furthermore, even in In general, physicians should not treat between the two searches. See infra making these written statements, themselves or members of their own n.30. Additionally, the reason that it is Respondent has not accepted families, but it is acceptable in some difficult to determine the cause for the responsibility for her actions. Even if I circumstances.’’ Id. at 23. She then lists overages is that Respondent’s fully considered her post-hearing, off- circumstances where it might be recordkeeping was inadequate, which is the-record statement that she ‘‘accept[s] appropriate to so prescribe, none of also the reason why the overages and full responsibility for being less than which have any relevance here, because shortages are relevant to this case. accurate in [her] recordkeeping duties she has presented no evidence on the during the time [she] was dispensing to record as to her rationale for issuing the Statute of Limitations patients,’’ her recordkeeping violations prescriptions to her husband, and she The Respondent seeks to apply a five- were not limited to dispensing and she failed to maintain proper year statute of limitations to this makes no attempt at taking documentation supporting those proceeding and cites 18 U.S.C. 3282, 19 responsibility for her other violations of prescriptions by which their legitimacy U.S.C. 1621 and 28 U.S.C. 2462.*D Resp law. Furthermore, she passes blame on could be assessed. See FF 45. Exceptions, at 32. However, none of DEA for not telling her how to comply Additionally, even if there were a these provisions apply. Prior agency with recordkeeping requirements, id. at legitimate reason for her to have decisions have long stated that neither 18, and she passes blame on the prescribed to her husband, there is more the law nor federal regulations pharmacy for filling her ‘‘office use’’ than enough evidence that Respondent governing DEA administrative prescriptions, id. at 26. I find that there issued these prescriptions outside the adjudications prescribe a statute of is no adequate or credible acceptance of usual course of the professional practice limitations. See Edmund Chein, M.D., responsibility on the record and I and beneath the standard of care due to 72 FR 6580, 6590 n.17 (2007) (‘‘there is further find that the ALJ appropriately the fact that she violated state law in no statute of limitations applicable to considered Respondent’s lack of both not documenting a physical these proceedings, which are remedial acceptance of responsibility in his examination and not maintaining a in nature and are instituted to protect sanction recommendation. See medical file on her husband. See infra the public interest’’); see also Pettigrew Pharmacy Doctors Enterprises, Inc. v. Discussion. Rexall Drugs, 64 FR 8855, 8859 (1999). Drug Enf’t Admin., 789 F. App’x 724, 732 (2019); Jones Total Health Care Pill Count Additionally, Respondent argues that the time lapse in the investigation ‘‘does Pharmacy, LLC v. Drug Enf’t Admin., Respondent argues that all of the pill not align with the DEA being concerned 881 F.3d 823, 830 (11th Cir. 2018) counts were inaccurate. Resp with [Respondent’s] prescribing (citing MacKay v. Drug Enf’t Admin., Exceptions, at 27. She states, ‘‘For behavior or misconduct,’’ and she 664 F.3d 808, 820 (10th Cir. 2011) (‘‘The example, the agents failed to recognize points out that she was allowed to DEA may properly consider whether a the different dosages of the same renew her registration during the physician admits fault in determining if medication, which amounted in a larger investigation. Resp Exceptions, at 33. the physician’s registration should be amount of pills for the same medication However, the agency has clear revoked.’’)); see also Jeffrey Stein, M.D., (Temazepam 15 mg & 30 mg) in the first discretion regarding whether to bring an 84 FR 46,968, 46,972–73 (2019) count compared to the second count.’’ enforcement action, and it defies reason (unequivocal acceptance of Id. However, Temazepam is listed on to construe the fact that the agency responsibility); Jayam Krishna-Iyer, the first count, at 30 mg, see GE–3, at permitted Respondent to continue to M.D., 74 FR 459, 463 (2009) (collecting 1, and the second count for Temazepam cases). lists both 15 mg and 30 mg, see GE–14, *D Respondent also cites ‘‘USCA Sec. 525’’, but it The issue before the Administrator is at 11, and the different dosages on GE– is unclear to which law she is referring. whether the record as a whole VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16763 establishes that it would be inconsistent 3. There were differences in the through June 12, 2014, Respondent with the public interest under 21 U.S.C. inventories of the controlled substances issued prescriptions to S.P. without any 824(a)(4) and 823(f) to allow found in Respondent’s office on March documentation or examination. Respondent to retain her DEA COR and/ 13, 2014, and June 13, 2014. California regulations explicitly provide or to grant her pending application. Specifically, the following items were that the failure to medically evaluate a The decision below is based on my missing without any record of their patient to determine his or her need for consideration of the entire dispensation: 25 Alprazolam 1 mg, 30 a controlled substance before Administrative Record, including all of count bottles; 10 Clonazepam 1 mg, 30 prescribing a controlled substance, or to the testimony, admitted exhibits, and count bottles; 3 Diethylpropion HCI 25 document such an evaluation in the the oral and written arguments of mg, 28 count bottles; 3 Hydrocodone 10/ patient’s records, means that the counsel. I adopt the ALJ’s 325 mg, 30 count bottles; 2 physician is not prescribing in the usual Recommended Decision with noted Hydrocodone/IBU 7.5/200 mg, 30 count course of professional practice. modifications. bottles; 64 Phentermine 37.5 mg, 30 Respondent’s actions violated state and Paul A. Dean, Esq. and John E. Beerbower, count bottles; 3 Temazepam 30 mg, 30 federal law. ALJ–1, at 3–4, para. 8(b). Esq., for the Government count bottles; 12 Zolpidem 10 mg, 30 6. Respondent also engaged in other Ester Mark, M.D., for the Respondent count bottles; and 10 vials of various conduct which may threaten the public anabolic steroid and testosterone-related Recommended Rulings, Findings of health and safety in violation of 21 products. Respondent was unable to Fact, Conclusions of Law, and Decision U.S.C. 823(f)(5). Specifically, account for the discrepancies through of the Administrative Law Judge Respondent displayed a lack of candor the production of required dispensing during DEA’s investigation. In March The Allegations logs. ALJ–1, at 3, para. 6. 2014, Respondent told DEA 1. On March 13, 2014, DEA 4. During the search on June 13, 2014, investigators that patient files they investigators served an Administrative investigators found prescription bottles requested ‘‘were not there,’’ and that at Inspection Warrant (‘‘AIW’’) at in Respondent’s possession bearing the least some of the missing files were at Respondent’s then-registered address: names of at least five other individuals. a location in Lake Forest, California, for 22391 Sunbrook, Mission Viejo, The bottles were located on her office which she did not know the address. California 92692. Then on June 13, desk, in violation of the California During subsequent questioning, 2014, DEA investigators, in conjunction Health and Safety Code § 11350, and 21 Respondent again stated that the charts with investigators from the California CFR 1306.04. Specifically, the following requested by the DEA were at another Medical Board, (‘‘Medical Board’’) *E controlled substances issued to other location, but she did not know the executed a search warrant at the same individuals were discovered: location. Respondent also stated that the location. On both dates, investigators Alprazolam 2 mg (90 dosage units) dispensing log that DEA requested was found a variety of controlled substances issued to L.F.; Testosterone cypionate (1 actually with the missing charts. In fact, located on open shelves, on top of the bottle 2500 mg/10 mL) issued to B.S.; the charts in question, and the office copier, and in unlocked glass Testosterone cypionate (1 bottle 1000 dispensing log, did not exist. Then in cabinets. In addition, on June 13, 2014, mg/10 mL) issued to B.S.; Testosterone June 2014, Respondent told a Medical the investigators also found marijuana cypionate (1 vial 200 mg) issued to B.S.; Board investigator that she did not in Respondent’s home. Respondent’s Testosterone cypionate (3 bottles 2500 know who owned the marijuana that COR did not authorize her to possess mg/10 mL) issued to D.V.; Xanax 2 mg was found in a suitcase in the garage of marijuana. Further, investigators could (15 dosage units) issued to J.W.; her registered location. She made this not lock the door to Respondent’s office. Testosterone cypionate (1 vial 200 mg/ statement despite the fact that None of the controlled substances found 10 mL) issued to J.W.; and Xanax 2 mg additional stashes of marijuana and at Respondent’s registered address were (15 dosage units) issued to D.D. ALJ–1, large amounts of cash were discovered secured in a locked cabinet, in violation at 3, para. 7. throughout her registered location, and 5. Between February 16, 2010, and of 21 CFR 1301.75(a) and (b). ALJ–1, at she and her husband were the only July 13, 2015, Respondent unlawfully 2, para. 3, 5. individuals who lived there. ALJ–1, at 4, issued over 75 prescriptions for 2. In association with the March 13, para. 9. 2014 AIW, investigators attempted to controlled substances that were for conduct a physical inventory of the other than a legitimate medical purpose Witnesses or outside the usual course of controlled substances located at I. The Government’s Witnesses Respondent’s registered location. The professional practice. Specifically, investigators were not able to locate an Respondent illegally prescribed The Government presented its case initial inventory or a biennial inventory. controlled substances to herself and to through the testimony of five witnesses. The only records Respondent was able her current husband, S.P., as set forth First, the Government presented the to provide were invoices from May 23, below: testimony of a Diversion Investigator 2013, through March 13, 2014. a. Between February 16, 2010, and (hereinafter, DI 1). Tr. 13–61, 317–319. Therefore, Respondent did not maintain November 29, 2012, Respondent DI 1 has been a Diversion Investigator complete and accurate records, unlawfully issued at least 40 for 14 years, and has been assigned to including receiving records (such as prescriptions to herself for controlled the DEA office in Riverside, California, DEA 222 Forms), dispensing logs, or the substances ‘‘for office use’’ in violation for the past 7 years. Id. at 14. DI 1 required inventories, in violation of of the California Health and Safety Code provided testimony concerning her state and federal law. In addition, at the § 11170 and 21 CFR 1306.04(a) and (b). training and duties as a Diversion time of the execution of the search ALJ–1, at 3, para. 8(a). Investigator. Id. at 14–17. DI 1 began an warrant on June 13, 2014, Respondent b. Respondent issued at least 35 investigation of Respondent after the did not maintain any of these required prescriptions to her husband, S.P., DEA had received a complaint. Id. at 18. records. ALJ–1, at 2, para. 4, 5. outside the usual course of professional In the initial stages of the investigation, practice or for other than legitimate DI 1 conducted a search of the *E The Medical Board also assisted in the medical purposes in violation of state California prescription monitoring execution of the March 13, 2014 AIW. and federal law. From April 21, 2012, program (‘‘PMP’’), called CURES. Id. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16764 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices That search revealed that Respondent investigator for five years, after having I find Dr. Munzing’s testimony to be had written prescriptions to herself and been employed by DEA in other thorough, detailed, and internally to her family members. Id. DI 1 then capacities. Id. at 120–21. DI 2 attended consistent.*F Therefore, I merit it as contacted the Medical Board and 12 weeks of diversion investigator credible in this Recommended Decision. requested the issuance of an training at Quantico, Virginia, following II. The Respondent’s Witness Administrative Inspection Warrant that training he was assigned to the DEA (‘‘AIW’’). Id. at 19. Subsequently, DI 1 office in Riverside, California. Id. at 121. Respondent presented her case participated in the execution of the DI 2 provided testimony concerning his through her own testimony, which she AIW, and later the execution of a search participation in the execution of the limited to the identification of two warrant at Respondent’s home, which AIW, noting what he observed and documents. Id. at 302–13. Through her also doubled as her registered location. statements made by Respondent during testimony, Respondent offered a copy of Id. at 19, 37. DI 1 provided testimony the AIW. Id. at 121–30. He also testified her dispensing log that was seized concerning the execution of the AIW concerning his participation in the during the search of her home on June and the search warrant and what was execution of the search warrant, noting 13, 2014. Id. at 306; RE–1. Respondent requested of Respondent, and what was what he observed and statements made also offered a copy of her Florida found at Respondent’s home during the by Respondent during the search. Id. at medical license, which had expired in AIW and the search warrant. Id. at 19. 130–32. January 2017. Tr. 307; RE–2. While Respondent’s testimony laid I find DI 1’s testimony to be thorough, I find DI 2’s testimony to be thorough the foundation for the admission of her detailed, and internally consistent. and internally consistent. Therefore, I two exhibits, on cross-examination her Therefore, I merit it as credible in this merit DI 2’s testimony as credible in this answers were somewhat combative, Recommended Decision. Recommended Decision. Second, the Government presented confusing, and evasive. For example, Finally, the Government presented the testimony of a Special Agent of the Respondent was asked in several the testimony of Dr. Timothy Munzing, California Department of Justice different ways whether she had M.D. (hereinafter, Dr. Munzing). Id. at (hereinafter, SA 1). Id. at 63–101. SA 1 provided DEA with her dispensing log 158–295. Dr. Munzing is currently a has held her current position since July in March 2014, and she avoided actually family physician and the Director of the 2014. Id. at 63. Prior to her current answering the question, finally stating Family Medicine Residency Program at position, and during the relevant period ‘‘I don’t recall.’’ Tr. 309–12. Respondent of this case, SA 1 had been an Kaiser Permanente Orange County. Id. at also clearly distorted the facts when she investigator for the Medical Board from 158–59. Government Exhibit 9 is a copy testified that Respondent’s Exhibit 1 October 2009 until July 2014. Id. SA 1 of Dr. Munzing’s curriculum vitae. Id. at concerned prescriptions between March received specialized training to serve as 163–64. Dr. Munzing obtained his 13, 2014, and June 13, 2014, because the an investigator for the Medical Board. medical degree from the UCLA School first entry on the dispensing log is Id. at 64. SA 1 provided testimony of Medicine in 1982, followed by a January 21, 2014. Id. at. 310–11; RE–1.*G concerning her participation with the three-year residency in family medicine. Combativeness, confusion, and DEA during the execution of the AIW Id. at 159. Dr. Munzing is licensed to evasiveness tend to undermine the and the search warrant. Id. at 65–68, 80– practice medicine in California and he credibility of a witness, and they did 99. SA 1 also testified concerning an is board-certified in family medicine. Id. with respect to Respondent’s testimony interview she conducted with at 159, 163. Dr. Munzing is a full that she was asked no questions by DEA Respondent on April 4, 2014. Id. at 69– clinical professor at UC-Irvine College of on June 13, 2014. Tr. 312. 80. Medicine, where he has taught medical When Respondent was asked if I find SA 1’s testimony to be thorough students for 25 years. Id. at 160–61, 166. investigators requested a dispensing log and internally consistent. Therefore, I Dr. Munzing was accepted as an expert, on June 13, 2014, Respondent answered, merit SA 1’s testimony as credible in without objection, in the field of ‘‘[N]obody asked me anything. They this Recommended Decision. ‘‘primary care and family medicine, broke down my door, I was detained. So The third Government witness was a pain management and prescribing there was no—nobody asked me Special Agent with the California controlled substances with respect to Department of Justice (hereinafter, SA the standard of care in the state of *F [Respondent questioned Dr. Munzing’s 2). Id. at 103–19. SA 2 had been a California.’’ Id. at 171. credibility in her Exceptions. Resp Exceptions, at Dr. Munzing testified about the 31. The fact that Dr. Munzing has testified for DEA Special Agent for three years, and prior in previous cases does not alter the finding that his to that he served as an investigator with standard of care in California. Id. at testimony in this case was credible and unrebutted. the Medical Board. Id. at 104. SA 2 174–80. He specifically testified that a Most of the allegations in this case were proven by provided testimony concerning his doctor who does not maintain a medical Respondent’s recordkeeping failures, and were not record of his or her patient violates the reliant solely on Dr. Munzing’s testimony regarding participation in the execution of the the standard of care. Her prescribing to her husband AIW as well as the execution of the standard of care in California by issuing lacked any documentation at all on which to assess search warrant. Id. at 105–12, 116–17. a prescription for a controlled substance the legitimacy of those prescriptions. She alleged SA 2 also testified concerning records to that patient. Id. at 176, 178–80. Thus, that the ‘‘Government did not provide sufficient the prescriptions Respondent wrote to evidence for the expert witness to conclude if he obtained from the E-Compounding [Respondent’s] prescribing [was] unlawful,’’ id., but Pharmacy and other pharmacies her husband, without having a medical her failure to maintain records resulted in no concerning prescriptions Respondent chart for her husband, fell outside the evidence to conclude that her prescribing was had written. Id. at 113–16. standard of care. Id. at 182–99. Dr. lawful and that failure by itself violated state law I find SA 2’s testimony to be thorough Munzing also testified that the and the standard of care. I reject her Exceptions as to Dr. Munzing’s credibility and the basis of his and internally consistent. Therefore, I California standard of care provides that opinions.] merit SA 2’s testimony as credible in a doctor cannot self-prescribe or issue *G [Respondent took exception to this description this Recommended Decision. prescriptions for office use. Id. at 200– of her statement, claiming that the earlier date The fourth witness the Government 01, 229, 289. Thus, the prescriptions coverage shows that the log ‘‘is actually more inclusive.’’ Resp Exceptions, at 20. However, she called to testify was a second Diversion that Respondent wrote to herself or for misses the ALJ’s point that because the logs were Investigator (hereinafter, DI 2). Id. at office use also fell outside the standard created at an earlier date, they should have been 120–36, 321. DI 2 has been a diversion of care. Id. at 203–23, 225–28, 243–44. made available to DEA in March of 2014.] VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16765 anything.’’ Id. at 312. DI 1, however, Center, 22391 Sunbrook, Mission Viejo, not believe there was a lock on testified that she did ask Respondent for California 92692. ALJ–9, 24, 25. Respondent’s office door.1 Id. at 66–67. a dispensing log on that date. Id. at 39. 6. On or about June 13, 2014, law 8. The DEA investigators requested DI 2 also believed that the DEA asked enforcement officials (including DEA that Respondent purchase some type of Respondent for her dispensing log on investigators) executed a search warrant safe in which to store the controlled that date. Id. at 132. SA 1 also testified at Respondent’s then-registered address substances,2 and Respondent indicated that Respondent had been asked and residence, Beautymark Wellness that one would be purchased that day. questions about the location of the Center, 22391 Sunbrook, Mission Viejo, Id. at 23, 36, 130. patient chart for Respondent’s husband, California 92692. ALJ–9, 24, 25. 9. DEA investigators took an and Respondent stated that the chart 7. DEA lists Alprazolam (Xanax) as a inventory of the controlled substances was in pieces around the house. Id. at Schedule IV controlled substance. ALJ– they found in Respondent’s office. Id. at 91. Thus, while I find Respondent’s 44; Tr. 6. 25, 125. Government Exhibit 3 is a copy testimony credible on issues related to 8. DEA lists Clonazepam (Klonopin) of that physical inventory. Id. at 25–26, laying the foundation for the admission as a Schedule IV controlled substance. 125. of Respondent’s Exhibits 1 and 2, I do ALJ–44; Tr. 6. 10. DEA investigators asked not find it credible concerning whether 9. DEA lists Diethylpropion Respondent to provide them with she was asked any relevant questions hydrochloride as a Schedule IV patient charts during the execution of during the search of her home on June controlled substance. ALJ–44; Tr. 6. the AIW. Id. at 21, 54, 127. 11. Some patient charts were located 13, 2014. 10. During the events at issue, DEA in Respondent’s garage, a location The factual findings below are based listed Hydrocodone as a Schedule III where the investigators looked while on a preponderance of the evidence, controlled substance. ALJ–44; Tr. 6. including the detailed, credible, and trying to locate the charts of specific 11. DEA lists Phentermine as a patients. Id. at 66, 95–96, 106. competent testimony of the Schedule IV controlled substance. ALJ– aforementioned witnesses, the exhibits 12. Respondent did not provide all of 44; Tr. 6. the patient records requested by DEA entered into evidence, and the record 12. DEA lists Temazepam as Schedule before me. during the AIW. Tr. 23, 54. Respondent IV controlled substance. ALJ–44; Tr. 6. told the DEA investigators that the The Facts 13. DEA lists Testosterone as a patient records were at a storage facility Schedule III controlled substance. ALJ– I. Stipulations in Lake Forest, California, but she did 44; Tr. 6. not know the address of the facility or The parties agreed to 14 stipulations 14. DEA lists Zolpidem as a Schedule where it was located.3 Id. at 23–24, 54, (‘‘Stip.’’), which are accepted as facts in IV controlled substance. ALJ–44; Tr. 6. 56, 67, 127–28, 135–36. these proceedings: II. Findings of Fact 13. Respondent never provided to 1. Respondent is registered with the DEA copies of all of the patient charts DEA as a practitioner to handle Administrative Inspection Warrant that DEA had requested. Id. at 31–32, Controlled Substances in Schedules II– (‘‘AIW’’) 35, 54, 128. V under DEA COR #BM5370123 at 14. The DEA investigators asked Beautymark Wellness Center, 361 1. DEA and Medical Board personnel participated in the execution of the AIW Respondent for her dispensing logs and Hospital Road, Suite 324, Newport Respondent told them that her Beach, California 92663. This DEA COR on March 13, 2014, at Respondent’s home. Tr. 20, 65, 94. dispensing logs were with her patient is due to expire by its terms on January charts in the storage facility. Tr. 24, 54, 31, 2018. ALJ–9, 24, 25. 2. DI 1, SA 1, SA 2, and DI 2 participated in the execution of the AIW 2. On August 5, 2015, Respondent 1 DI 2 testified that there may have been a lock sought to transfer her DEA registration on March 13, 2014, at Respondent’s on the door, but the door was wide open. Tr. 124. to 8409 N. Military Trail, Suite 126, home. Id. at 19, 65, 105, 121–22. 2 DI 1 testified that she told Respondent she West Palm Beach, Florida 33410. DEA 3. During the execution of the AIW, needed to purchase a safe to store controlled substances. Id. at 23, 35. I asked DI 1 at the hearing assigned control number W15069021C Respondent identified the area of her home that she used as her office. Id. at why she advised Respondent to obtain a safe when to Respondent’s pending application for the regulation only refers to a ‘‘cabinet.’’ Id. at 51. transfer. ALJ–9, 24, 25. 22. DI 1 then acknowledged that DEA regulations do 3. Respondent is licensed to practice 4. During the execution of the AIW, not specifically mandate that controlled substances multiple bottles of controlled substances be stored in a safe. Id. at 51. Thus, the fact that medicine in California under license Respondent did not purchase a safe to store her number 55272. Respondent’s California were found on the desk, on the shelf, controlled substances does not by itself necessitate medical license is due to expire May 31, and on the printer in Respondent’s a finding that Respondent violated 21 CFR 2019. ALJ–9, 24, 25. office. Id. at 22, 66, 105–06, 123. 1301.75(b). I note, however, that DEA regulations 5. The controlled substances found in do include heightened security for thiafentanil, 4. On or about September 26, 2013, carfentanil, etorphine hydrochloride, and Respondent changed her DEA Respondent’s office were not secured in diprenorphine. Those controlled substances must registration address to Beautymark any way, and there did not appear to be be kept ‘‘in a safe or steel cabinet equivalent to a Wellness Center, 22391 Sunbook (sic), any place to secure them in her office. U.S. Government Class V security container.’’ 21 CFR 1301.75(e). Those substances, however, are not Mission Viejo, California. On or about Id. at 22, 66, 106, 124. 6. Some of the controlled substances involved in this case. August 19, 2014, Respondent changed 3 DI 1 attributed these statements to Respondent. her DEA registration address to 361 found in Respondent’s home during the Tr. 23–24, 54, 56. SA 1 testified that she asked Hospital Road, Suite 324, Newport AIW were in prescription bottles that Respondent about the missing charts and she Beach, California. ALJ–9, 24, 25. bore labels from commercial deferred to her husband, who stated that the charts pharmacies, indicating that the might be in a storage facility. Tr. 67. There is no 5. On or about March 13, 2014, law evidence, however, that Respondent corrected her enforcement officials (including DEA prescriptions were for individuals who husband’s statement. *[See also GE–12, at 82–83. investigators) served an administrative did not live in Respondent’s home. Id. Respondent told the state investigator that the at 123–24. dispensing logs and charts were all in her garage inspection warrant (AIW) at during the sworn interview and seemed reluctant to Respondent’s then-registered address 7. DI 1 did not notice a lock on speak about her mother-in-law’s house or to and residence, Beautymark Wellness Respondent’s door. Tr. 39. SA 1 does confirm where it was. Id. at 27–28] VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16766 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 128. The storage facility was at her Interview residence. Tr. 80. After drafting the mother-in-law’s house. Id. at 55. 26. Government Exhibit 12 is a copy search warrant, SA 1 had it signed by a 15. The DEA investigators asked of the transcript of the interview SA 1 judge. Tr. 81. Respondent to provide them with an conducted with Respondent on April 4, 34. DI 1, SA 1, SA 2, and DI 2 returned to Respondent’s home on June initial inventory and a biennial 2014. Id. at 69. During the interview, 13, 2014, when the Medical Board inventory, but Respondent did not Respondent was represented by counsel executed a search warrant of provide either of them to the DEA. Id. and Respondent was under oath. Id. at Respondent’s office and residence. Id. at at 24. 68–69. 16. Without an initial or biennial 27. During the interview, Respondent 38, 82, 110, 129. 35. Government Exhibit 5 consists of inventory it is not possible to conduct stated that she stored some office photographs taken at Respondent’s a reasonable inventory of controlled equipment and furniture in her mother- substances. Id. at 25. home on June 13, 2014, when the search in-law’s garage, but all of her patient warrant was executed. Id. at 82. Some 17. The DEA investigators asked charts were in her own garage. Tr. 71, Respondent for copies of invoices for of the bottles depicted in Government 78; GE–12, at 28, 82–84. Exhibit 5 are bottles of controlled controlled substances that she had 28. During the interview, Respondent received and Respondent provided substances. Id. at 83. stated that she had prescribed an 36. The condition of Respondent’s some. Id. at 28. Government Exhibit 2 antibiotic to herself. Tr. 73; GE–12, at contains copies of the invoices office on June 13, 2014, looked the same 55. Respondent also said that she as it did on March 13, 2014, with Respondent provided. Id. at 29–30. prescribed testosterone in her own 18. Respondent should have had more controlled substances being found all name, but that the medication was for over the office area. Id. at 38, 111, 130– invoices than she provided to the DEA office use. Id. investigators because the invoices she 31. There was no safe in Respondent’s 29. During the interview, Respondent office on June 13, 2014. Id. at 38–39, provided did not account for all the also stated that she prescribed controlled substances that were found 131. A bottle of controlled substances phentermine and alprazolam to herself was also found in Respondent’s kitchen. in her office on March 13, 2014. Id. at *[for office use.] *H Tr. 74; GE–12, at 60. 31. Id. at 41, 58–59. 30. During the interview, Respondent 37. Some of the controlled substances 19. An invoice for controlled explained that she would often dispense found in Respondent’s home on June 13, substances needs to be kept for two medication to her patients if they were 2014, were in prescription bottles that years. Id. at 51. DEA does not know if using it for the first time. Tr. 74; GE–12, bore labels from commercial any of the controlled substances found at 62. Respondent also stated that if the pharmacies, indicating that the in Respondent’s home were more than medication worked well for the patient prescriptions were for individuals who two years old. Id. she would then possibly write the did not live in Respondent’s home. Id. 20. At the conclusion of the execution patient a prescription for the medicine. at 40, 53–54; GE–14, at 11–12. of the AIW, DI 1 had a discussion with Id. 38. On June 13, 2014, DEA asked Respondent concerning the missing 31. During the interview, SA 1 had a Respondent for her dispensing log.5 Tr. patient charts and dispensing logs, as discussion with Respondent concerning 39, 132. well as the security of controlled the fact that when Respondent 39. On June 13, 2014, DEA took substances. Id. at 35. Respondent was dispensed controlled substances to another inventory of the controlled informed that controlled substances patients those prescriptions would not substances that were found in needed to be locked in a cabinet or safe. show up in the PMP report. Tr. 74–75; Respondent’s home and that inventory Id. at 35, 129–30. GE–12, at 63. SA 1 also explained to revealed a significant difference from 21. As an investigator for the Medical Respondent that a patient could be the March 13, 2014 inventory. Id. at 40– Board, SA 1 was concerned about how placed in danger because the 41, 131–32. The June 13, 2014 inventory Respondent was storing her controlled prescriptions Respondent provided to showed that Respondent was missing substances, and on March 13, 2014, SA patients would not be in the PMP controlled substances that had been 1 informed Respondent that controlled system. Id. In response, Respondent present on March 13, 2014. Id. at 41. substances needed to be locked-up. Id. indicated that she did not see that to be 40. On June 13, 2014, marijuana was at 67, 94. a problem.4 Id. discovered in a suitcase in Respondent’s 22. During the AIW, Respondent told 32. During the interview, SA 1 asked garage. Tr. 45, 111. Marijuana was also SA 1 that she ordered prescriptions in Respondent if she had taken any steps found in Respondent’s kitchen and her own name for office use and that she to secure the controlled substances in bedroom. Id. at 112, 132. Marijuana is dispensed them to her patients. Id. at her home, and Respondent indicated a Schedule I controlled substance. Id. at 68. that she had not. Tr. 77; GE–12, at 77– 46. 23. During the AIW, it was 78. 41. Government Exhibit 10 contains determined that only two individuals Search Warrant photographs taken at Respondent’s lived in Respondent’s home; those home during the execution of the search individuals were Respondent and her 33. After the interview, SA 1 believed warrant that depict marijuana that was husband, S.P. Id. at 107–08. that she had sufficient probable cause to found there. Id. at 84. 24. During the AIW, three pistols were draft a search warrant for Respondent’s found in Respondent’s home, two of 5 Both DI 1 and DI 2 testified that Respondent was them belonged to Respondent, but the *H [I agree with Respondent that this finding of asked about her dispensing log at the time the ownership of the third was fact as stated could be misleading, and that in her search warrant was executed on June 13, 2014, and interview, she implied that these prescriptions were that Respondent did not provide it. Tr. 39, 132. undetermined. Id. at 109. also for office use, so I have changed it accordingly. Respondent, however, was in no position to 25. During the AIW, SA 1 asked See Resp Exceptions, at 9 (citing GE–12, at 60).] ‘‘provide’’ anything during the search, she was Respondent if she would be willing to 4 See also Tr. 202 (Dr. Munzing testifying that handcuffed. Tr. 110; see also Tr. 312 (Respondent there is a potential of placing the patient at risk testifying that she was detained at the time). The be interviewed regarding the Medical when a doctor dispenses controlled substances to search, however, resulted in locating a dispensing Board case that SA 1 was investigating. a patient without entering that prescription in the log in Respondent’s home office. GE–14, at 9; RE– Id. at 68–69. PMP system). 1. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16767 42. On June 13, 2014, SA 1 asked both patient’s current condition and how § 11170 provide that a doctor may not Respondent and her husband whether long the patient has had the condition; self-prescribe controlled substances. Tr. either of them had a valid obtain a medical history from the 134, 200. In addition, the American recommendation for medical marijuana. patient; determine what medications the Medical Association Code of Ethics says Id. at 90. Respondent told SA 1 that her patient has been taking, both that a doctor cannot self-prescribe or recommendation had expired, and prescriptions and over-the-counter prescribe to close relatives. Id. at 200. Respondent’s husband said that his had medications; determine the patient’s 58. Unless a California doctor follows probably expired as well. Id. drug and alcohol history; perform a the proper procedures for obtaining a 43. Respondent was questioned about general overall physical examination of controlled substance ‘‘for office use,’’ it the marijuana and she denied the patient, and a detailed examination is outside the standard of care in knowledge of how it came to be in her of the area of the patient’s body that is California as well as the course of house. Id. at 91. the focus of the current complaint; professional practice for a doctor to 44. Government Exhibit 11 contains determine whether any laboratory or write a prescription for a controlled photographs taken at Respondent’s other type of testing is needed; substance ‘‘for office use.’’ Id. at 200–01, home during the execution of the search determine whether a referral to a 229, 289. warrant that depict the patient charts specialist is needed; advise the patient 59. A prescription for 300, 450, or 600 that were found there. Id. at 86. of the risks and benefits of prescribed tablets of phentermine would be a very 45. SA 1 questioned Respondent medications; and document what had large quantity if the prescription was for about the location of missing patient been performed. Id. at 174–76. office use. Tr. 207, 212–13, 247. If a charts, to include the chart for 52. The standard of care in California patient needed that much phentermine, Respondent’s husband. Id. at 91. requires that during a follow-up visit the patient could be issued a Respondent stated that her husband’s with a patient that a doctor must: Get an prescription that would then be chart was in pieces around the house, updated history to determine if there reported to the PMP system. Tr. 207, but she had no explanation for where have been changes in the patient’s 210–11, 215, 242. A prescription written two other missing charts were located. condition; determine whether the for office use of such large quantity of Id. Respondent, however, stated that all treatment is working; determine current phentermine would be outside the of her charts were in her home. Id. at 92. drug and alcohol usage; and monitor the standard of care in California. Id. at 247. patient through use of PMP reports and 46. During the June 13, 2014 search of 60. A prescription for office use of 300 urine screening. Id. at 178–79. Respondent’s home, the investigators tablets of Ambien would be an excessive 53. The standard of care in California found $26,100 in cash. Id. at 91. number of tablets and outside the 47. Government Exhibit 14 is the requires that a doctor have a medical standard of care in California. Id. at search warrant return that SA 1 filed record for a patient to whom 245–46; GE–7, at 35. with the Orange County Superior Court prescriptions are issued. Id. at 180. 61. Respondent wrote four after the search warrant was executed, 54. The standard of care in California prescriptions for hydrocodone for office along with property receipts of the items requires that a doctor include the use. GE–7, at 12, 13, 36 (2 that were seized from Respondent’s following items in a patient’s medical prescriptions). Hydrocodone should not home during the search. Id. at 87–88. record: History, exam, consent, be dispensed from the office because it Government Exhibit 14 also contains a diagnosis, management plan; results of would not provide immediate relief, but full accounting of the controlled laboratory testing; results of imaging might cause the patient to become substances found within Respondent’s studies; prescriptions issued; PMP drowsy. Tr. 241–42. Thus, prescribing home on June 13, 2014. Id. at 89. reports run for the patient; and/or results of urine screening. Id. at 179–80. hydrocodone for office use is outside Prescriptions 55. Assuming there is no medical the standard of care in California. Id. at 48. Government Exhibit 13 is a copy record for S.P., the 27 prescriptions 6 for 242. of a PMP report that the DEA obtained controlled substances written by 62. The 69 prescriptions for from the California Department of Respondent to S.P. between April 21, controlled substances written by Justice concerning prescriptions written 2012 and June 12, 2014, contained in Respondent to herself, contained in by Respondent. Id. at 32–34. The Government Exhibit 8, are outside the Government Exhibit 7, are outside the inclusive dates of the PMP report are standard of care in California. Id. at standard of care in California. Tr. 203– February 27, 2014 through February 27, 182–99; GE–8, at 3, 12 (2 prescriptions), 23, 225–28, 243–44; GE–7, at 5, 23, 25, 2017. GE–13, at 1. 28–29, 34, 38–39, 76, 78, 80, 82, 83, 85, 26, 29, 31 (4 prescriptions), 33, 34, 37, 49. Government Exhibit 7 contains 87, 89, 91, 93, 95, 97, 99, 111, 113, 125, 40 (2 prescriptions), 41 (4 copies of records from the E- 128, 130, 132–34. prescriptions), 42–45, 47, 49, 51, 52, 54, Compounding Pharmacy concerning 56. The prescriptions in Government 57, 59–61, 63 (2 prescriptions), 64, 67– prescriptions written by Respondent for Exhibit 8 are outside the standard of 70, 72–74, 86, 87, 89, 95 (4 herself. Tr. 113. care because of the absence of a medical prescriptions), 99, 101, 107, 110, 112– 50. Government Exhibit 8 contains record that documents that the doctor 14, 122, 130, 133, 135, 139, 140 (3 copies of prescriptions and related has performed the type of medical prescriptions), 153 (2 prescriptions), documents concerning prescriptions examination that must be performed 158, 169, 179 (2 prescriptions). that Respondent wrote for her husband, before the doctor issues a prescription. 63. Four prescriptions that S.P., that were obtained from various Id. at 184. Respondent wrote to herself for pharmacies. Id. at 115–16. 57. The California standard of care controlled substances also included 51. The standard of care in California and California Health and Safety Code dosing instructions. Tr. 226–28; GE–7, requires that during an initial visit with at 40 (2 prescriptions), 47, 158. Dosing a patient a doctor must: Obtain a history 6 The Government presented testimony instructions on a prescription would be from the patient concerning the concerning 32 prescriptions that Respondent issued inconsistent with a prescription issued to S.P., but 5 of those prescriptions fell outside the patient’s current complaint; review the date range contained in the OSC. Tr. 182–86, 194; for office use because dosing symptoms of the patient’s current ALJ–1, at 3, para. 8(b); GE–8, at 10, 27, 31 and 37, instructions would be determined at the complaint; determine the cause of the 67 (2 prescriptions). time the medication was prescribed to a VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16768 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices patient, not when it was being ordered Under 21 U.S.C. 824(a)(4), the DEA may deterrence. David A. Ruben, M.D., 78 FR for the office. Tr. 226. revoke a registrant’s COR if the 38,363, 38,385 (2013). 64. Seven prescriptions that registrant acted in a way that renders I. The Government’s Position Respondent wrote for controlled continued registration ‘‘inconsistent substances contain no patient name, nor with the public interest.’’ The DEA The Government filed its Post-Hearing do they indicate that they were for office considers the following five factors to Brief on March 19, 2018.7 In its use. Tr. 224–25; GE–7, at 16, 22, 24, 28 determine whether continued introduction, the Government (3 prescriptions), 30. These seven registration is in the public interest: highlighted the allegations against prescriptions were issued outside the Respondent. ALJ–50, at 2. The (1) The recommendation of the appropriate Government asserts that between California standard of care because there State licensing board or professional is no listed patient, nor is there any disciplinary authority. January 2010 and June 2014 stated reason for any of the (2) The [registrant’s] experience in Respondent: Prescribed controlled prescriptions. Tr. 224–25. dispensing, or conducting research with substances to her husband, S.P., 65. Twenty-four *I prescriptions that respect to controlled substances. ‘‘without maintaining a patient file’’ for Respondent wrote for controlled (3) The [registrant’s] conviction record him; prescribed controlled substances to substances contain no patient name but under Federal or State laws relating to the herself for ‘‘ ‘office use’ in order to they were written for office use. Tr. manufacture, distribution, or dispensing of dispense controlled substances’’ to controlled substances. 228–37; GE–7, at 146, 150, 152 (3 patients; violated security and (4) Compliance with applicable State, recordkeeping requirements; and prescriptions), 156 (1 prescription), 160 Federal, or local laws relating to controlled (3 prescriptions), 162 (2 prescriptions), substances. displayed a lack of candor to DEA 166 (2 prescriptions), 171 (2 (5) Such other conduct which may threaten investigators during their investigation. prescriptions), 173, 175, 177 (2 the public health and safety. Id. The Government requests that prescriptions), 178 (5 prescriptions). Respondent’s COR be revoked. Id. These 24 prescriptions were issued 21 U.S.C. 823(f). The Government argues that its outside the California standard of care These public interest factors are evidence is ‘‘largely uncontested and because Respondent did not follow the considered separately. See Robert A. entirely unrebutted.’’ ALJ–50, at 12. proper procedures for ordering Leslie, M.D., 68 FR 15,227, 15,230 Specifically, the Government claims controlled substances for office use. Tr. (2003). Each factor is weighed on a case- that it offered unrebutted evidence 229. by-case basis. Morall v. DEA, 412 F.3d under Factors Two, Four, and Five. Id. 66. Seventy prescriptions that 165, 173–74 (D.C. Cir. 2005). Any one at 14. Respondent wrote to herself for factor, or combination of factors, may be Under Factors Two and Four, the controlled substances contain a notation decisive. David H. Gillis, M.D., 58 FR Government argues that the evidence that the prescription was for office use. 37,507, 37,508 (1993). Thus, there is no shows that Respondent ‘‘routinely Id. at 237–66; GE–7, at 4, 6–15, 17–21, need to enter findings on each of the prescribed controlled substances 27, 32, 35, 36 (3 prescriptions), 38, 39, factors. Hoxie v. DEA, 419 F.3d 477, 482 without a patient chart,’’ issued 46, 50, 53, 55, 56, 58, 62, 65, 71, 75, 80 (6th Cir. 2005). Further, there is no prescriptions for controlled substances (4 prescriptions), 84, 85, 90, 91, 93, 96 requirement to consider a factor in any to herself, and violated storage and (2 prescriptions), 97, 102, 103, 105, 108, given level of detail. Trawick v. DEA, recordkeeping requirements under state 115 (3 prescriptions), 117 (2 861 F.2d 72, 76–77 (4th Cir. 1988). and federal law. ALJ–50, at 15. After prescriptions), 119, 120 (3 When deciding whether registration is citing the DEA’s prescription prescriptions), 123, 126, 128, 131, 137, in the public interest, the totality of the requirement, the Government notes that 142, 144, 148 (4 prescriptions). These 70 circumstances must be considered. See California has adopted the same prescriptions were issued outside the generally Joseph Gaudio, M.D., 74 FR requirement as set forth in 21 CFR California standard of care because 10,083 (2009). 1306.04(a), that a prescription must be Respondent did not follow the proper issued for a ‘‘ ‘legitimate medical The Government bears the initial purpose’ ’’ and in the ‘‘ ‘usual course of procedures for ordering controlled burden of proof and must justify substances for office use. Tr. 250. . . . professional practice.’ ’’ Id. (citing revocation by a preponderance of the Cal. Health & Safety Code § 11153(a)). 67. Respondent wrote two evidence. Steadman, 450 U.S. at 100– prescriptions for controlled substances The Government then highlights the 03. If the Government presents a prima testimony of its expert witness, Dr. where she listed the patient’s name as facie case for revocation, the burden of ‘‘office use.’’ Id. at 266–67; GE–7, at 48, Munzing, who explained that the proof shifts to the registrant to show that standard of practice in California 164. These two prescriptions were revocation would be inappropriate. issued outside the California standard of requires a physician to ‘‘maintain a Med. Shoppe—Jonesborough, 73 FR complete and accurate patient file, care because Respondent did not follow 364, 387 (2008). A registrant may the proper procedures for ordering which documents examinations prevail by successfully attacking the performed and treatments provided.’’ controlled substances for office use. Tr. veracity of the Government’s allegations 200–01, 250. ALJ–50, at 15. The State of California or evidence. Alternatively, a registrant has codified the requirement that a Analysis may rebut the Government’s prima facie physician maintain complete patient case for revocation by accepting To revoke a respondent’s registration, files. Id. at 15–16 (citing Cal. Bus. & responsibility for wrongful behavior and the Government must prove, by a Prof. Code § 2266 and Cal. Health & by taking remedial measures to ‘‘prevent preponderance of the evidence, that the Safety Code § 11190). the re-occurrence of similar acts.’’ Jeri regulatory requirements for revocation Looking at the prescriptions in Hassman, M.D., 75 FR 8194, 8236 are satisfied. Steadman v. SEC, 450 U.S. Government’s Exhibit 8, the (2010). In addition, when assessing the 91, 100–02 (1981); 21 CFR 1301.44(e). Government argues that it is undisputed appropriateness and extent of that Respondent wrote at least 50 *I [There was one additional prescription between sanctioning, the DEA considers the GE–7, at 156 and 160 that appeared to be neglected egregiousness of the offenses and the 7 The Government’s Post-Hearing Brief has been in the final count in the RD.] DEA’s interest in specific and general marked as ALJ–50. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16769 prescriptions 8 for controlled substances Government notes that Dr. Munzing’s ‘‘noncompliance is aggravated by her to her husband, S.P. ALJ–50, at 16. DEA expert opinion is unrebutted. Id. at 18. obduracy.’’ Id. investigators requested S.P.’s patient file The Government then discusses the Based on the prescriptions in during execution of the AIW in March recordkeeping and storage violations Government Exhibits 7 and 8, and the 2014, and state investigators requested discovered during service of the AIW evidence that Respondent failed to keep S.P.’s file during service of the search and search warrant. ALJ–50, at 18–19. complete records and properly secure warrant in June 2014. Id. The The Government contends that controlled substances, the Government Government then notes that during the Respondent ‘‘was not able to produce argues that ‘‘Factors Two and Four inspection in March, Respondent told either an initial or biennial inventory of weigh heavily in favor of revoking’’ investigators that some of the requested the controlled substances stored at her Respondent’s COR. ALJ–50, at 20. patient records were located at a storage registered address.’’ ALJ–50, at 18. Citing DEA precedent, the facility in Lake Forest, California. ALJ– Additionally, Respondent never Government next asserts that 50, at 4, 16. Respondent, however, provided investigators with a Respondent’s lack of candor supports an claimed that she did not know the dispensing log.9 Id. The Government ‘‘adverse finding’’ under Factor Five. address of the facility and ‘‘did not argues that Respondent’s failure to ALJ–50, at 20. The Government claims know where it was.’’ ALJ–50, at 4. When maintain a proper inventory and a that Respondent ‘‘attempted to mislead interviewed by a state investigator in dispensing log violates state and federal federal and state investigators’’ during April 2014, however, Respondent stated recordkeeping requirements. Id. at 19. their investigation by making a ‘‘series that all her patient files were kept at her With respect to the storage violation, of misleading statements.’’ ALJ–50, at registered address. ALJ–50, at 16. The the Government argues that Respondent 13. For instance, the Government points Government notes that Respondent ignored the attempts made by DEA and to the inconsistent statements ‘‘never provided a patient file for Patient state investigators ‘‘to bring her into Respondent made to investigators S.P.,’’ investigators never found a compliance with’’ DEA’s storage regarding her patient file for S.P. ALJ– patient file for S.P. in March or June requirements. ALJ–50, at 19. During the 50, at 20. During the March inspection, 2014, and Respondent never produced a inspection in March 2014, Respondent Respondent stated that all patient files patient file for S.P. ‘‘in connection with assured DEA investigators that she were located at an off-site facility. Id. A this proceeding.’’ Id. The Government would promptly secure the controlled month later, however, she told a state reasons that ‘‘[t]he only logical substances in her office. Id. At the investigator that all patient files were conclusion is that [Respondent] did not interview in April, however, stored at her registered address. Id. The keep a patient file for Patient S.P.’’ Id. Respondent admitted that she had not Government interprets these The Government further reasons that done so. Id. When state investigators inconsistent statements as evidence of Respondent’s ‘‘deliberate effort to based on Dr. Munzing’s testimony that conducted the search in June, the impede the investigation.’’ ALJ–50, at physicians must keep complete and controlled substances in her office were accurate patient records, the 50 21. still unsecured. Id. The Government The Government then examines the prescriptions Respondent issued to S.P. urges that Respondent’s fell below the standard of care in marijuana, cash, and firearms discovered in Respondent’s home. ALJ– California and violated state law. Id. 9 State investigators, however, seized a document Next, looking at Government Exhibit entitled ‘‘Class III Meds Dispensing Log,’’ marked 50, at 21. The Government notes that 7, the Government argues that as Respondent’s Exhibit 1, during execution of the Respondent lacked the authority to Respondent issued at least 179 search warrant. Tr. 304–06; GE–14, at 9. The possess marijuana, a Schedule I prescriptions for controlled substances Government argues that neither Government controlled substance, ‘‘in the course of counsel nor DEA investigators were provided with her professional practice.’’ ALJ–50, at to herself between January and a copy of Respondent’s Exhibit 1 before the hearing. December 2012. ALJ–50, at 17. The ALJ–50, at 18–19 n.4. The Government claims that 21. Additionally, when investigators Government notes that many of the ‘‘the California Medical Board declined to provide found a suitcase of marijuana in her prescriptions in Government Exhibit 7 the evidence that was seized from’’ Respondent’s garage, Respondent denied having any home during the search, and that the DEA failed in knowledge of its presence at her home. were issued ‘‘for office use’’ while its attempts to obtain the release of the evidence by others listed Respondent’s name as the subpoena in state court. Id. I give no weight to this Id. The Government argues that this patient. Id. State and federal law explanation, however, because there is no evidence represents either a lack of candor or ‘‘a prohibits a physician from prescribing in the record supporting the Government’s claim troubling situation in which that the California Medical Board refused to [Respondent] was actually unaware of controlled substances to herself. Id. disclose evidence to DEA. Statements made in post- (citing Cal. Health & Safety Code hearing briefs are not evidence. See Samuel the presence of Schedule I controlled § 11170 and 21 CFR 1306.04(b)). The Mintlow, M.D., 80 FR 3630, 3653 n.33 (2015) substances at her registered address.’’ Government notes that the state (concluding promises made by respondent in Id. The Government then argues that the exceptions to the recommended decision were not presence of $26,000 in cash, firearms, prohibition is ‘‘categorical’’ and that in evidence and were never attested to under oath self-prescribing controlled substances during the hearing); Surinder Dang, M.D., 76 FR and marijuana at Respondent’s violates state law ‘‘irrespective of 51,417, 51,423 n.25 (2011) (‘‘[S]tatements of counsel registered location is ‘‘highly suspicious purpose.’’ Id. n.2. Further, the in a brief are not evidence.’’ (citing INS v. and raises serious concerns about Government notes that Dr. Munzing Phinpathya, 464 U.S. 183, 186 n.6 (1984))). [Respondent’s] ability to maintain a *[Respondent implies that the Government’s failure testified that writing a prescription for to produce this dispensing log indicates bad faith [COR].’’ Id. a controlled substance in order to obtain on the part of the investigators. Resp Exceptions, at Because Respondent failed to offer it ‘‘for office use’’ is considered 3,19–20. The investigators testified that they had ‘‘substantive testimony’’ at the hearing, unprofessional practice in California. Id. not previously seen this document and that they the Government argues that she ‘‘cannot had asked Respondent repeatedly for her at 17. Thus, Dr. Munzing opined that dispensing logs and she had not produced them. I be viewed as having accepted the prescriptions in Government Exhibit do not see any indication on the record nor from responsibility.’’ ALJ–50, at 22. By failing 7 ‘‘were issued outside of the usual the ALJ’s characterization of the investigators’ to accept responsibility, the Government course of professional practice and testimony that their actions were anything but contends that Respondent ‘‘has not met honest. Ultimately, the document was admitted into beneath the standard of care.’’ Id. The evidence and the ALJ used the document to lessen her burden’’ to rebut the Government’s the number of found discrepancies in controlled prima facie case. ALJ–50, at 14. 8 See supra n.6. substances.] Specifically, the Government argues that VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16770 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices Respondent’s refusal to testify doubled as her registered address further notes that the search warrant demonstrates that she ‘‘knowingly beginning in September 2013. Id. at 2– authorized investigators to search the violated the Controlled Substances 3. Respondent then began seeing storage facility, but they never did. Id. Act.’’ ALJ–50, at 2. The Government patients at her home. Id. Respondent also discusses the CURES requests that I draw an adverse With respect to the controlled reports that DEA and state investigators inference from Respondent’s decision to substances that were observed ran of her prescribing history. ALJ–51, not testify at the hearing. ALJ–50, at 2, unsecured in her home office, at 11. Respondent acknowledges that 22. The Government reasons that Respondent explains that many of them ‘‘[Agent] SA 1’s concerns were ‘‘because [Respondent] failed to were ‘‘expired and waiting to be safely legitimate’’; however, the CURES introduce any evidence that would disposed.’’ ALJ–51, at 5, 14. reports ‘‘clearly showed’’ that rebut the Government’s evidence Additionally, she states that ‘‘[n]o Respondent’s patients ‘‘did not fit the showing that [Respondent] violated patients ever went inside the office,’’ category for high potential for abuse, state and federal law relating to patients were never left unattended, addiction or diversion.’’ Id. Respondent controlled substances, such evidence only one patient was allowed in her does not explain why her patients do does not exist.’’ ALJ–50, at 22 (citing T.J. home at a time, and she and her not fit this category. Id. She also McNichol, M.D., 77 FR 57133, 57150 husband, S.P., were the only individuals recognizes that urine screening and (2012)). living in the home. Id. at 8. Respondent patient contracts are useful, but argues With respect to the DEA’s interest in further describes the security in place at that such precautions only ‘‘need to be specific and general deterrence, the her home, explaining that her registered implemented’’ on an individual basis Government contends that ‘‘[a] refusal address is located ‘‘in a very safe gated ‘‘as determined by medical judgment.’’ to sanction [Respondent’s] prolonged community with 24/7 security patrols.’’ Id. at 12. Respondent asserts that and egregious violations here would Id. at 9. She further argues that her reporting to CURES ‘‘was not mandatory send the wrong message to other home has a ‘‘sophisticated security at first for dispensing physicians.’’ Id. practitioners.’’ ALJ–50, at 23. The system’’ that sounds a ‘‘highly audible Respondent states that she understands Government concludes that the DEA’s notification’’ when doors are opened. Id. the importance of reporting interest in deterrence weighs in favor of She also receives email notifications prescriptions to CURES, and that doing revoking Respondent’s COR. ALJ–50, at when doors are opened. Id. so ‘‘helps to provide the best care for 24. Additionally, Respondent asserts that our patients and avoid harm.’’ Id. there is a security camera in her office Respondent provides an explanation II. The Respondent’s Position and in the hallway outside the office. Id. regarding the prescription bottles with Respondent argues that she explained Respondent submitted her Post- labels that bore patients’ names that 10 the features of her security system to SA Hearing Brief on March 19, 2018. were found in her office during service Much of Respondent’s position lacks 1 during the April interview. Id. at 9, 11. Respondent contends that the security of the search warrant. She argues that it evidentiary support in the is not uncommon for ‘‘patients [to] leave Administrative Record.11 Respondent in place at her home was adequate, especially in light of the fact that she prescriptions with their doctors’’ for a opens her brief by describing events variety of reasons. ALJ–51, at 14. beginning in May 2013, when she intended to relocate her practice to a new office. Id. Respondent also claims Without pointing to a specific example, ‘‘abruptly close[d] [her] office due to Respondent claims that a patient may extreme hardship caused by a very that she consulted a ‘‘pharmaceutical supplier[ ],’’ who visited her residence leave a prescription bottle with her for contentious divorce that still continues it to be administered in the office, to . . . to this day.’’ ALJ–51, at 2. and deemed the security at her home sufficient. Id. at 11. Respondent pick it up at a later date, or for ‘‘issues Respondent explains that closing her of privacy.’’ Id. medical office triggered a ‘‘stressful explains that she never obtained a safe Regarding the discrepancies between chain of events,’’ culminating in because she planned on practicing out the controlled substances inventoried by eviction from her office and incurring of her home temporarily and was investigators in March and June, ‘‘unforeseen [moving] expenses.’’ Id. ‘‘actively negotiating for a new office Respondent argues that the missing After closing her practice, Respondent space.’’ Id. controlled substances were dispensed moved medical equipment, office In regard to the allegation that and documented in a dispensing log, furniture, and cabinets to her mother-in- Respondent failed to maintain adequate patient chart, or both. ALJ–51, at 14. law’s garage. Id. Respondent also moved inventories, Respondent asserts that she Presumably, the dispensing log she ‘‘approximately 700 patient charts’’ to ‘‘kept all the medication purchase refers to is Respondent’s Exhibit 1. her home in Mission Viejo which orders as an inventory guide.’’ ALJ–51, at 6. Respondent acknowledges that Respondent argues that the large 10 Respondent’s Post-Hearing Brief has been these purchase orders are not in amount of cash discovered at her home marked as ALJ–51. The Office of Administrative evidence and contends that she during the search warrant represented Law Judges received a hard copy of Respondent’s assumed, as a pro se litigant, the ‘‘some savings [she] had put away brief by mail on March 22, 2018. There are minor, Government would introduce the through the years.’’ ALJ–51, at 15. non-substantive differences between the hard copy documents into evidence. Id. at 7. received by mail on March 22 and the copy Respondent also states, as she did to received by fax on March 19. For example, the Respondent also addresses the alleged investigators, that she was unaware of formatting is different between the two copies and inconsistencies in her statements to the marijuana in the suitcase in her Respondent corrected a few misspellings in the investigators regarding the location of garage.12 Id. The firearms found during hard copy. I will use the faxed copy of her patient files. She believed some of Respondent’s Post-Hearing Brief because it was the the search were obtained lawfully for first copy received and the only variations are the missing patient files could have purposes of self-defense ‘‘after violence typographical in nature. been left in the cabinets or office and threats of violence committed by 11 Because statements contained in post-hearing furniture that were moved into storage [her] ex-husband.’’ Id. Respondent briefs are not evidence, I give no weight to after the abrupt closing of her practice. responds that the idea that the firearms comments made by Respondent in her post-hearing brief that are not supported by evidence in the ALJ–51, at 8. She also contends that Administrative Record. See Surinder Dang, M.D., 76 investigators never requested that she 12 Respondent does not explain any of the other FR at 51,423 n.25. take them to the storage location and marijuana found in other locations of her home. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16771 played a role in her medical practice is during the investigation or these address the lack of Respondent’s state ‘‘absurd and slanderous.’’ Id. proceedings. Id. authority further below; however, as it Addressing the allegation of self- Throughout her brief, Respondent relates to Factor One it is noted that prescribing, Respondent explains that cites to ongoing issues in her personal there is nothing on the record to the prescriptions in Government Exhibit life. Respondent opines that indicate that the Florida Medical Board 7 were phoned in by either herself or a ‘‘circumstances of extreme duress in has taken any action on Respondent’s staff member calling under her [her] personal life should have been medical license.] supervision. ALJ–51, at 15. According to taken into consideration.’’ ALJ–51, at DEA precedent establishes that where Respondent, the dispensing pharmacy, 12. She also highlights ‘‘harassment and the record contains no evidence of a E-Compounding, used ‘‘generic stalking’’ and threats of violence made recommendation by a state licensing prescription forms,’’ instead of the by her ex-husband. Id. at 3, 10, 15. board that absence does not weigh for or proper order form, and incorrectly wrote Respondent assures that even during against revocation. See Roni Dreszer, Respondent’s ‘‘name on the challenging times, she was ‘‘trying hard M.D., 76 FR 19,434, 19,444 (2011) (‘‘The prescriptions as if [she] were the to get back to normal.’’ Id. Additionally, fact that the record contains no evidence patient.’’ Id. at 15–16. Respondent Respondent asserts that she has never of a recommendation by a state contends that the pharmacy ‘‘failed to been the subject of a medical licensing board does not weigh for or adhere to the standard practice of malpractice lawsuit or a patient against a determination as to whether transferring from a pharmacy to any complaint. Id. at 4. In conclusion, continuation of the Respondent’s DEA licensing entity, [such] as a medical Respondent argues that the certification is consistent with the doctor, when ordering medications for Administrative Record does not public interest.’’). Accordingly, Factor office stocking, thus mischaracterizing establish by a preponderance of the One does not weigh for or against the transactions.’’ Id. at 16. Further, evidence that allowing her to retain her revocation of Respondent’s California Respondent explains the pharmacy COR is ‘‘[in]consistent with the public registration in this matter. ‘‘should have used an invoice form and interest.’’ Id. at 19. As to Factor Three, there is no not a prescription when [she] was evidence that Respondent has been ordering for office stock.’’ Id. In her Factors One & Three: The Recommendation of the Appropriate convicted of an offense under either defense, Respondent argues that ‘‘[i]f federal or California law ‘‘relating to the [the pharmacy] recorded my orders as State Licensing Board or Professional Disciplinary Authority, and Conviction manufacture, distribution, or dispensing office use using prescriptions under my of controlled substances.’’ 21 U.S.C. name I had no way to know.’’ Id. Record Under Federal or State Laws Relating to the Manufacture, 823(f)(3). However, there are a number Respondent faults the pharmacy for its of reasons why even a person who has ‘‘poor record keeping’’ and notes that Distribution, or Dispensing of Controlled Substances engaged in criminal misconduct may the pharmacist was ‘‘disciplined for that never have been convicted of an offense violation among others.’’ Id. Respondent In this case, it is undisputed that or even prosecuted for one. Dewey C. states that she never used E- Respondent holds a valid and current MacKay, M.D., 75 FR 49,956, 49,973 Compounding Pharmacy after December state license to practice medicine in (2010), pet. for rev. denied, MacKay v. 2012. Id. California. Stip. 3. The record contains DEA, 664 F.3d 808, 822 (10th Cir. 2011). In response to the issue of prescribing no evidence of a recommendation The DEA has, therefore, held that ‘‘the to S.P., Respondent argues that ‘‘[t]here regarding Respondent’s medical absence of such a conviction is of are no specific regulations or laws privileges by a relevant state licensing considerably less consequence in the prohibiting physicians from treating board or professional disciplinary public interest inquiry’’ and is therefore family members.’’ ALJ–51, at 17. She authority. However, possession of a not dispositive. Id. Accordingly, Factor then cites the American Medical state license does not entitle a holder of Association’s Code of Medical Ethics to Three neither weighs for nor against that license to a DEA registration. Mark revocation in this case. support the proposition that physicians De La Lama, P.A., 76 FR 20,011, 20,018 may provide medical care to family (2011). Rather, a state medical board’s Factors Two & Four: The Respondent’s members in emergencies or ‘‘ ‘isolated decision to allow a doctor to practice Experience in Dispensing Controlled settings where there are no other medicine is not dispositive as to Substances and Compliance With qualified physicians available.’ ’’ Id. whether the doctor’s DEA registration is Applicable State, Federal, or Local Respondent contends that she has consistent with the public interest. Laws Relating to Controlled Substances always maintained records for her Patrick W. Stodola, M.D., 74 FR 20,727, Factors Two and Four are often patients and that she obtained S.P.’s 20,730 n.16 (2009). previous medical records before treating analyzed together. See, e.g., Fred At the hearing, the Government Samimi, M.D., 79 FR 18,698, 18,709 him as a patient. Id. at 18. She also presented evidence that Respondent is claims, without citing any evidence of (2014); John V. Scalera, M.D., 78 FR not currently licensed to practice 12,092, 12,098 (2013). Under Factor record, that some of S.P.’s records were medicine in Florida. Tr. 133. located during the search warrant. Id. Two, the DEA analyzes a registrant’s Respondent presented Respondent’s ‘‘experience in dispensing . . . She then argues that Dr. Munzing gave Exhibit 2, her expired Florida medical an expert opinion based solely on controlled substances.’’ 21 U.S.C. license. *[The Government Prehearing 823(f)(2). Factor Two analysis focuses CURES reports. Id. at 18–19. In essence, Statement alleged, ‘‘Respondent is Dr. Munzing ‘‘gave an opinion on on an applicant’s acts that are presently not licensed to practice inconsistent with the public interest, evidence he was not provided with.’’ Id. medicine in Florida.’’ ALJ–9, at 3.*J I at 19. Respondent’s argument seems to rather than on an applicant’s neutral or positive acts and experience. Randall L. rest on the assumption that medical files *J The RD found that the issue of Respondent’s for S.P. were in fact created and never loss of state authority in Florida was not sufficiently Wolff, M.D., 77 FR 5106, 5121 n.25 given to Dr. Munzing for review; noticed, but the Government had noticed it prior to the hearing in its Prehearing Statement, and the proceeding, Respondent had adequate notice that however, Respondent fails to explain Respondent presented arguments regarding her her lack of state authority in Florida was at issue. where those records are located and state authority at the hearing; therefore, I find that See Hatem M. Ataya, M.D., 81 FR 8221, 8244 why she has not produced them either based on her own submissions during the (2016). VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16772 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices (2012) (explaining that ‘‘every registrant define the term ‘‘substantially search, the evidence is less than clear can undoubtedly point to an extensive constructed cabinet.’’ Peter F. Kelly, concerning whether the door to body of legitimate prescribing over the D.P.M., 82 FR 28,676, 28,689 (2017). Respondent’s office could be locked. In course of [the registrant’s] professional DEA decisions, however, provide some response to Government counsel’s career’’) (quoting Jayam Krishna-Iyer, indication that a locked room with question about whether she noticed a M.D., 74 FR 459, 463 (2009)). Similarly, adequate security features is sufficient lock on the office door, FF 8, DI 1 under Factor Four, the DEA analyzes an to satisfy the storage requirement of responded, ‘‘No.’’ Tr. 39. SA 1 was applicant’s compliance with federal and Section 1301.75. See id. (finding that the unsure whether there was a lock on the state controlled substance laws. 21 Government failed to meet its burden door, stating ‘‘I do not believe there U.S.C. 823(f)(4). Factor Four analysis where controlled substances were left in was.’’ Tr. 67. DI 2 testified, however, focuses on violations of state and federal a locked room *[dedicated to the storage that ‘‘[t]here may have been’’ a lock on laws and regulations. Volkman v. DEA, of controlled substances] with an alarm the door, but it was open when 567 F.3d 215, 223–24 (6th Cir. 2009) system). Additionally, as noted in Kelly, investigators entered the home to serve (citing Gonzales v. Oregon, 546 U.S. at least one dictionary supports the the AIW. Tr. 124. The fact that the door 243, 272, 274 (2006)); see Joseph interpretation of ‘‘cabinet’’ as a small was already open when investigators room. Id. Gaudio, M.D., 74 FR 10,083, 10,090–91 entered the home, however, could be (2009). Controlled substances were observed in Respondent’s office on two occasions: easily explained by the fact that a Here, the Government alleges that separate team of officers made the initial revocation of Respondent’s COR and During service of the AIW in March 2014 and during execution of the search entry into the home to clear the way for denial of her pending application is investigators. Tr. 20, 110, 122; see Jack appropriate under Factors Two and warrant in June 2014. Between those A. Danton, D.O., 76 FR 60,900, 60,908 Four (as well as Factor Five) for the dates, Respondent’s COR authorized her (2011) (noting DI ‘‘was not the first to following reasons: (1) Improper storage; to possess and prescribe controlled see the [unlocked] closet’’ alleged to be (2) failing to maintain proper substances in Schedules II–V. GE–1, at in violation of storage requirement). inventories and dispensing logs; (3) 1. possession of controlled substances During the inspection in March, It is also troubling that investigators with the names of other individuals on investigators found multiple bottles of had two opportunities to photograph the the bottle; (4) improperly prescribing controlled substances on the desk, on door to the office and did not do so. controlled substances ‘‘for office use’’; the shelf, and on the printer in Investigators took extensive (5) prescribing to S.P. without Respondent’s office. FF 4. In fact, the photographic evidence of the office maintaining a medical record for S.P.; investigators found ‘‘a great deal of during service of the search warrant and and (6) displaying a lack of candor controlled substances’’ in Schedules III– could have easily turned the camera on during the investigation. ALJ–1, at 2–4. V. Tr. 22; GE–3, at 1–2. Furthermore, the the door. Furthermore, the fact that controlled substances found in three investigators who inspected The Allegations Respondent’s office were not secured in Respondent’s office on two occasions Improper Storage any way, and there did not appear to be were unable to testify with confidence any place to secure them in her office. Concerning improper storage of that the office door could not be locked FF 5. During the inspection, DEA undermines the Government’s allegation controlled substances, the Government investigators requested that Respondent asserts that Respondent was found to be that the ‘‘investigators could not lock purchase some type of safe in which to . . . [the] office door.’’ ALJ–1, at 2, para. improperly storing controlled store the controlled substances and substances on March 13, 2014, and 3. If there was a lock on the office door, Respondent indicated that one would be as DI 2 believes there may have been, again on June 13, 2014, in violation of purchased that day. FF 8. Following the Tr. 124, the office could have been 21 CFR 1301.75(a) and (b). ALJ–1, at 2, inspection, SA 1 informed Respondent locked. The question then becomes, if paras. 3, 5. Specifically, the Government that controlled substances needed to be Respondent could lock her office door, claims that on both dates, investigators locked-up. FF 21. found a variety of controlled substances On June 13, 2014, when DEA would the manner in which she stored located on open shelves, on top of the investigators returned to Respondent’s her controlled substances in her office office copier or desk, and in unlocked office the condition of her office looked be in compliance with 21 CFR glass cabinets in Respondent’s office. Id. the same as it did on March 13, 2014, 1301.75(b). Compare Jeffery J. Baker, The Government alleges that ‘‘[n]one of with controlled substances being found D.D.S., 77 FR 72,387, 72,394, 72405 the controlled substances found at all over the office area. FF 35, 36. There (2012) (finding violation where Respondent’s registered address were was no safe in Respondent’s office on controlled substances were routinely secured in a locked cabinet,’’ as June 13, 2014. Id. A bottle of controlled left unattended on a counter in an 13 required by 21 CFR 1301.75(b). ALJ–1, substances was also found in unlocked room) with Peter F. Kelly, at 2, para. 3. In addition, the Respondent’s kitchen. Id. During the D.P.M., 82 FR 28,676, 28,689 (2017) Government claims that on June 13, June 13, 2014 search of Respondent’s (finding no violation where controlled 2014, the investigators also found home, marijuana was discovered in a substances were left outside safe but in marijuana in Respondent’s home. ALJ– suitcase in Respondent’s garage. FF 39. a locked room *[dedicated to the storage 1, at 2, para. 5. The Government further Marijuana was also found in of controlled substances]); see also asserts that the door to Respondent’s Respondent’s kitchen and bedroom. Id. United States v. Poulin, 926 F. Supp. office where the controlled substances [Omitted language from RD.] *K 246, 253 (D. Mass. 1996) (reasoning that were observed could not be locked. Although the record is clear that controlled substances kept ‘‘in an ALJ–1, at 2, para. 3. controlled substances were not ‘‘stored DEA regulations provide that in a securely locked, substantially 13 The storage violation in Becker ‘‘played little or controlled substances ‘‘shall be stored in constructed cabinet,’’ 21 CFR 1301.75(a) no role in the disciplinary decision’’ because the respondent introduced evidence that the a securely locked, substantially and (b), at the time of the inspection and deficiencies had been corrected. Becker v. DEA, 541 constructed cabinet.’’ 21 CFR Fed. App’x 587, 589 (6th Cir. 2013). That is not the 1301.75(a), (b). The regulations do not *K [See infra n.16] case here. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16773 unlocked area’’ violated Section is protected by an alarm system,14 the Recordkeeping 1301.75). I find that it would not. area where she was storing her In a fairly recent case, the controlled substances was her actual The Government next alleges that Administrator concluded that a office, it was not an area set aside for the Respondent failed to ‘‘maintain registrant was in substantial compliance storage of controlled substances.15 *[I complete and accurate records,’’ in with 21 CFR 1301.75(b) when he left a am omitting a section of the RD and violation of Cal. Bus. & Prof. Code small amount of controlled substances footnote 20 based on relevance and § 2266; Cal. Health & Safety Code outside a safe overnight so they could be omitting the RD’s analysis related to § 11190; 21 U.S.C. 827(a)(1), and (a)(3); administered in the morning, but where marijuana under Factors 2 and 4.16 21 U.S.C. 842(a)(5); 21 CFR 1304.03(b), the controlled substances were also in a 1304.04(a), 1306.04, 1304.11(c), small locked room and the office was Furthermore, the evidence on the 1304.21(a), and 1304.22(c). ALJ–1, at 2, protected by a security alarm system. record demonstrates that Respondent paras. 4–5. Specifically, the Government Kelly, 82 FR at 28,689. In Kelly, was fully on notice that her office did contends that during the March however, the controlled substances at not constitute adequate secure storage inspection and June search, issue involved medications that the under DEA regulations, because she was investigators were unable to find an registrant occasionally left ‘‘out informed of that fact by both SA 1 and initial inventory; biennial inventory; overnight for his office manager to DI 1 on March 13, 2014, and she made 222 Forms; or dispensing log, for administer to patients who were no effort to correct this violation by June Respondent’s controlled substances. Id. undergoing procedures the following 13, 2014. FF 20 & 21.] The Government claims that the only morning.’’ Id. at 28,678. In addition, the Accordingly, the allegation contained records Respondent provided to decision ‘‘noted that the room in which in Paragraphs 3 and 5 of the OSC that investigators ‘‘were a series of invoices the medications were kept was locked, Respondent violated 21 CFR 1301.75(b) from on or about May 23, 2013 through that only the Respondent and his office on both March 13, 2014, and June 13, March 13, 2014.’’ Id. The Government manager had a key, that the room had 2014, when investigators found a variety also alleges that the controlled a steel reinforced door and steel of controlled substances located on substances inventoried in Respondent’s doorframe with a deadbolt, that open shelves, on top of the office copier office in June varied from what was Respondent’s office was protected by a or desk, and in unlocked glass cabinets counted in March, and that Respondent security system, and that there was no in Respondent’s office is sustained. failed to account for the discrepancies evidence that the room ‘was used for These sustained allegations weigh in through the production of dispensing any purpose other than to store favor of revoking Respondent’s records, in violation of 21 CFR controlled substances ....’’’ Id. registration, and denying her pending 1304.22(c) and 1306.04, and Cal. Health Unlike Dr. Kelly, who occasionally set application. *[Omitted, see infra & Safety Code § 11190. ALJ–1, at 3, para. out medications in a room that was only n.16].17 18 6. used to store controlled substances so Inventories that his office manager could administer 14 Because the DEA was not a party to the the medication to early arriving proceeding in which Respondent gave this sworn Registrants are required to keep patients, Respondent had controlled statement concerning the security of her office, the inventories for two years from the date substances continually strewn all about weight that can be given to the statement is ‘‘substantially diminished.’’ Lon F. Alexander, of their creation. Margy Temponeras, her office. FF 3; see GE–5; GE–11, at 7– M.D., 82 FR 49,704, 49,730 n.54. (2017). M.D., 77 FR 45,675, 45,678 (2012) 9. Even though Respondent stated in a 15 *[omitted. It is noted that there was also (citing 21 U.S.C. 827(b)); 21 CFR sworn interview that *[. . .] *L her office evidence that contradicted her off-the-record claims about the level of security of her home in that there 1304.04(a). Respondent changed her registered address on September 26, *L [The ALJ found that Respondent had stated was a suitcase of marijuana about which she during her interview that she always kept her office allegedly had no knowledge in her garage, and she 2013, to 22391 Sunbrook, Mission Viejo, locked, but I do not find that the record supports felt the need to have three firearms for protection California, the location that this statement. She stated that when she was in her from her ex-husband.] investigators searched in March and 16 In its Post-Hearing Brief, the Government has previous office (before she moved her office to her June of 2014. Stip. 4; GE–1, at 4. At the home), the door where she ‘‘stored medication, was made no distinction between how Respondent all the time locked .... See right now it’s my should have been storing the Schedule III–V time of executing both the AIW and house, so I’m–I’m only there, uh–uh, with my controlled substances found in her office and the search warrant, two years had not husband, and I have an alarm system .... But I marijuana, none of which was found in her office. lapsed from the date that Respondent ALJ–50, at 18–19. While the OSC specifically had in mind to change the lock.’’ GE–12, at 78. changed her registered location to her When SA 1 pointed out that there could be patients addresses Respondent’s failure to properly store that walk by the office unsupervised, Respondent controlled substances, ‘‘including marijuana,’’ ALJ– residence in Mission Viejo. Thus, stated, ‘‘[y]eah, the door is .... locked all—I 1, at 2, para. 5, with respect to storage the Respondent should have had an initial mean closed at all times.’’ Id. at 81. The exhibit Government’s Post-Hearing Brief focused only upon inventory available for inspection if it ‘‘the controlled substances that were located in her supports that if there was a lock on the office door, existed. 21 U.S.C. 827(b); 21 CFR Respondent was only keeping it closed at all times, office.’’ ALJ–50, at 19. Rather than addressing not locked, and whatever lock might have been on marijuana as a storage concern, in its Post-Hearing 1304.04(a); see also Zvi H. Perper, M.D., the door for some reason needed to be changed. Brief the Government argues, for the first time, that 77 FR 64,131, 64,141 (2012) (finding Further, although Respondent claimed that for her Respondent’s possession of marijuana should be that ‘‘Respondent failed to conduct the considered under Factor 5. ALJ–50, at 21. *[The RD office, ‘‘[e]very time you open the door, there’s a required initial inventory after moving sensor, so it makes a noise and it communicates to stated that ‘‘[t]he Government also seemingly 19 my phone,’’ GE–12, at 79, there was also a large alleged that [Respondent] violated 21 CFR to a new practice location’’). 1301.75(a) by failing to keep marijuana, a Schedule window depicted in the pictures of her office, for During the March inspection, DI 1 which she did not describe any security. GE–5, at I controlled substance, ‘in a securely locked, 1. Even if I could take the security measures that substantially constructed cabinet.’ ’’ RD, at 32 asked Respondent to provide the initial she described as true, her office does not appear to (citing ALJ–1, at 2, para. 5). I find that the OSC was and biennial inventories of controlled be similar to a locked room dedicated to the storage unclear as to the legal basis of the allegation related substances used at her registered to marijuana; therefore, I am omitting the RD’s of controlled substances, and most importantly, she address. FF 14. Respondent did not was specifically told that her security was analysis under Factors 2 and 4 about whether the inadequate and did nothing to remedy it. The storage requirement would apply to the marijuana record does not support a finding that Respondent’s in Respondent’s home as irrelevant.] 19 21 CFR 1304.11(a) requires that ‘‘[a] separate office could constitute a locked cabinet in order to 17 *[Omitted] inventory shall be made for each registered location comply with DEA regulations.] 18 *[Omitted] . . . .’’ VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16774 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices provide them.20 Id. Although DI 1 could ‘‘complete and accurate’’ dispensing 2 testified that they had never seen the not recall if she requested the initial logs. 21 U.S.C. 827(a)(3); 21 CFR document before. Tr. 318, 322. inventory again in June, she testified 1304.22(c). To be compliant, a Assuming Respondent’s Exhibit 1 is that Respondent did not provide one at dispensing log must include, among Respondent’s dispensing log, it fails to that time. Tr. 39; GE–14. If Respondent other things: ‘‘the name of the satisfy her recordkeeping responsibility had created an initial inventory, it is not substance;’’ ‘‘the name and address of under Section 1304.22(c) for a number in the Administrative Record. In fact, the person to whom [the substance] was of reasons. First, it fails to explain the there is no evidence in the record dispensed;’’ ‘‘the date of dispensing;’’ variances discovered in Respondent’s indicating that Respondent ever and ‘‘the number of units or volume office stock between March and June provided DEA with copies of her initial dispensed.’’ Id. at § 1304.22(a)(2)(i), (c). 2014 when investigators counted the inventory. California law imposes similar controlled substances on-hand in her Although there is no direct evidence requirements on practitioners to home office. The DI testified that that Respondent failed to create an document information such as the ‘‘[t]here were missing controlled initial inventory of the controlled patient’s name, address, and telephone substances’’ in June compared to the substances she maintained at her number, as well as certain details about inventory taken in March. Tr. 40–41, Mission Viejo address,21 the fact that the substance, when the practitioner 57–58. DI 1 characterized the Respondent did not provide an dispenses controlled substances in discrepancy as significant. Tr. 40. DEA inventory to the investigators and has Schedules II, III, or IV. Cal. Health & precedent establishes that the inability not produced one during the course of Safety Code § 11190(c)(1). to account for controlled substances these proceedings strongly suggests that The record shows that DI 1 asked missing from a registrant’s inventory by Respondent never took an initial Respondent for her dispensing logs on production of dispensing records inventory at that location. See Odette L. March 13, 2014, and Respondent did Campbell, M.D., 80 FR 41,062, 41,078 not provide any. FF 12, 14. Respondent constitutes a violation of Section (2015) (reasoning that investigator’s said the dispensing logs were at her 1304.22(c). Paul Weir Battershell, N.P., inability to find 222 Forms and mother-in-law’s home in Lake Forest, 76 FR 44,359, 44,366–67 (2011). In other registrant’s failure to provide them California. FF 14. DI 1 again requested words, a practitioner violates DEA demonstrates non-compliance). Further, dispensing records at the time of regulations where she is unable to inventories must be made ‘‘available conducting the June search, and again produce dispensing records explaining . . . for inspection and copying’’ upon DI 1 testified that Respondent failed to overages or shortages in the request by DEA investigators, which provide investigators with her practitioner’s supply of controlled Respondent failed to do when requested dispensing logs or tell them where such substances. Id. at 44,366 n.23. For by DI 1. 21 U.S.C. 827(b); Tr. 24, 39. records were kept.24 FF 38. Likewise, DI example, in Daniel Koller, D.V.M., the Accordingly, the allegation that 2 testified that investigators asked Administrator found a violation of 21 Respondent failed to maintain an initial Respondent in both March and June for CFR 1304.22(c) where respondent failed inventory, in violation of 21 U.S.C. her dispensing records and that she to provide dispensing records 827(b) and 21 CFR 1304.04(a), as alleged never provided any. Tr. 128, 132, 322. notwithstanding the fact that in paragraph 4 of the OSC, is sustained. Although DI 1 and DI 2 testified they respondent possessed controlled This sustained allegation weighs in never received a dispensing log from substances at his home and was favor of revoking Respondent’s Respondent, Tr. 24, 35–36, 39, 49–50, dispensing controlled substances from registration, and denying her pending 128, 132, the property receipt from the that location. 71 FR 66,975, 66,982 application. *[Omitted]. June 2014 search indicates that a ‘‘Class (2006). Such is the case here. III Med log’’ was seized from Comparing Respondent’s Exhibit 1 to Dispensing Logs Respondent’s office. GE–14, at 9. The the inventories taken during the March One of a registrant’s recordkeeping Government did not introduce the and June searches reveals that responsibilities under Federal law ‘‘Class III Med log’’ into evidence. At the Respondent’s dispensing log fails to includes the requirement to document hearing, however, Respondent produced account for several controlled each instance in which the registrant a 10-page photocopied document that substances. RE–1; GE–3; GE–14, at 11– dispenses a controlled substance to a she testified was seized during the 12; see Paul Weir Battershell, N.P., 76 patient.22 21 CFR 1304.22(c). Stated search. Tr. 302–03; RE–1. ‘‘Class III FR at 44,366 n.23 (finding violation differently, registrants must document Meds Dispensing Log’’ is written on the where missing controlled substances dispensing activity 23 by maintaining cover of the exhibit. RE–1, at 1. could not be accounted for by Respondent testified that she received dispensing records); Satinder Dang, 20 *[Omitted footnote. The ALJ did not sustain the copies of the document in 2016 from the M.D., 76 FR 51,424, 51,429 (2011) allegation related to the biennial inventory and I agree.] district attorney prosecuting her (deeming it inconsistent with the public 25 21 The DI testified that she asked Respondent for criminal case. Tr. 302–03. DI 1 and DI interest where dispensing logs failed to her initial and biennial inventories, and not include all instances of dispensing). whether she ever made an initial inventory in the 456,86 (2012) (describing how registrant purchased Here, Respondent’s Exhibit 1 fails to first place. See Tr. 24–25; Margy Temponeras, M.D., controlled substances for her practice location and explain the discrepancies found in 77 FR 45,675, 45,678 (2012) (noting respondent then dispensed the medication from that location to admitted to state inspector that an initial inventory patients, and discussing the requirements of Section Respondent’s stock of the following had never been made). 1304.22). substances: 360 tablets of alprazolam; 22 22 The Government’s Post-Hearing Brief provides 24 Although being handcuffed during the search tablets of diethylproprion; *[57.5] little in the way of argument or analysis on this may have prevented Respondent from retrieving her tablets of hydrocodone 10/325 mg; 60 issue. The Government addresses this allegation in dispensing log and handing it over to investigators, one sentence and without any citations to DEA Respondent could have told them where to find it. tablets of hydrocodone 7.5/200 mg; 90 decisions. ALJ–50, at 18–19. Tr. 110, 312. 23 For purposes of Section 1304.22(c), 25 I admitted the document into evidence over inexperience for her failure to disclose the ‘‘dispensing’’ refers to a situation where the Government’s objection even though Respondent document, the Government knew of the document’s registrant transfers the controlled medication from failed to disclose in her prehearing statements that existence. Tr. 305; GE–14, at 9. In fact, the log is the registrant’s possession directly to the patient. she intended to introduce the document into identified in the Government’s own exhibit. See Margy Temponeras, M.D., 77 FR 45,675, 45,676, evidence. Tr. 303–04. While Respondent offered her GE–14, at 9, and supra note 9. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16775 tablets of temazepam; and 90 tablets of FR at 51,429 (dispensing records lacked inconsistent with the public interest. zolpidem tartrate.26 patient addresses). Finally, The Medicine Shoppe, 79 FR 59,504, To the extent that there are Respondent’s Exhibit 1 does not contain 59,516 (2014) (citing Jack A. Danton, unresolved discrepancies between the dispensing information going back to D.O., 76 FR 60,900, 60,919 (2011)). In controlled substances counted during the date that Respondent relocated her light of the foregoing, the allegation that the March inspection and the June office to her home, as required by DEA’s Respondent failed to maintain search, the logical conclusion based on inventory regulations. Paul H. Volkman, ‘‘complete and accurate’’ dispensing the lack of additional dispensing 73 FR 30,630, 30,643–44 (2008) (DEA records, as set forth in paragraph 4 of records in evidence is that Respondent unable to locate dispensing records for the OSC, in violation of 21 U.S.C. failed to maintain the required records. one year); Edmund Chein, M.D., 72 FR 827(a)(3), 21 CFR 1304.22(c), and Cal. Notwithstanding Respondent’s Exhibit 6580, 6593 (2007) (dispensing log Health & Safety Code § 11190, is 1, the fact that investigators never found covered only seven months); 21 CFR sustained. This sustained allegation other dispensing records that could 1304.04(a). In fact, Respondent’s Exhibit weighs in favor of revoking reconcile the variances between March 1 documents about 70 instances of Respondent’s registration and denying and June, despite asking multiple times dispensing over a period of 6 months. her pending application. for her dispensing logs, is ‘‘persuasive RE–1, at 2–10. While Respondent proof of non-compliance.’’ Odette L. indicates in her post-hearing brief that Receiving Records Campbell, M.D., 80 FR at 41,078. Where she documented instances of dispensing The Government’s next recordkeeping investigators are unable to find in patient charts and not a separate allegation concerns receiving records. dispensing records for certain dispensing log, ALJ–51, at 14, even if ALJ–1, at 2, para. 4. Specifically, the medications, it is reasonable to infer true, that statement cannot be treated as Government contends that Respondent that such records were never created. Id. evidence. See supra note 11. was unable to provide any receiving Further, whether the discrepancies ‘‘are Additionally, Respondent never records, such as DEA 222 Forms, to attributable to outright diversion’’ or provided testimony on this point while investigators in March and June 2014, simply ‘‘the failure to maintain accurate under oath 27 at the hearing and did not records,’’ is not relevant. Ideal introduce any patient charts other than a series of invoices, in Pharmacy Care, Inc., d/b/a Esplanade demonstrating that she did in fact violation of 21 U.S.C. 827 and 842(a)(5), Pharmacy, 76 FR 51,415, 51,416 (2011). record the dispensing of controlled and 21 CFR 1304.21(a). ALJ–1, at 2, What matters to the public interest substances in patient charts.*M Without para. 4. inquiry is the fact that Respondent any evidence in the record supporting During the inspection in March 2014, could not account for a significant Respondent’s post-hearing contention, DI 1 requested recordkeeping number of controlled substances by the Government’s evidence on this documents from Respondent, adequate documentation. Id. allegation stands unrebutted. specifically invoices. FF 17. The Second, Respondent’s Exhibit 1 does Failure to provide DEA with accurate invoices that Respondent provided are not contain patient addresses or phone records which correctly reflect the contained in Government Exhibit 2. Id. numbers, as required by 21 CFR controlled substances dispensed by a Those invoices show that between May 1304.22(c) and California law. RE–1, at registrant constitutes a recordkeeping 23, 2013, and March 7, 2014, 2–10; Cal. Health & Safety Code violation and is *[evidence that Respondent received the following § 11190(c)(1); Satinder Dang, M.D., 76 Respondent’s registration is] controlled substances: Controlled substance Total quantity received Reference Hydrocodone 10/325 mg ...... 300 tablets ...... GE–2, at 1–3. Phentermine 37.5 mg ...... 2,520 tablets ...... GE–2, at 1–3; 4, 6–7; 5. Furosemide 20 mg ...... 2,000 tablets ...... GE–2, at 8–9. Testosterone 100 mg/ml 10 ml ...... 3 vials ...... GE–2, at 11. Testosterone Propionate 100 mg/ml 10 ml ...... 4 vials ...... GE–2, at 11. Stanozolol 50 mg/ml 10 ml ...... 3 vials ...... GE–2, at 11. Tri-Testosterone 200/50/200 mg/ml 10 ml ...... 6 vials ...... GE–2, at 11. Anastrozole 1 mg ...... 1,350 tablets ...... GE–2, at 12–18. Fluoxetine 20 mg ...... 300 tablets ...... GE–2, at 12–14. Clonidine .1 mg ...... 600 tablets ...... GE–2, at 15, 17–18. 26 Investigators counted 750 tablets of alprazolam Exhibit 1. GE–3, at 1; GE–14, at 11. Investigators accounted for in Respondent’s Exhibit 1. GE–3, at in March and 0 tablets in June, and Respondent’s counted 60 tablets of hydrocodone 7.5/200 mg in 1; GE–14, at 11–12. See infra pp. 41–44. Exhibit 1 indicates 390 tablets were dispensed March and 0 tablets in June, and Respondent’s 27 Although Respondent did not offer this between those dates, meaning 360 tablets of Exhibit 1 indicates 0 tablets had been dispensed argument in her sworn testimony at the hearing, she alprazolam are not accounted for in Respondent’s between those dates, meaning 60 tablets of did explain to SA 1 in the April interview, which Exhibit 1. GE–3, at 1; GE–14, at 11–12. Investigators hydrocodone 7.5/200 mg are not accounted for in was under oath, that she documented dispensing of counted 106 tablets of diethylproprion in March Respondent’s Exhibit 1. GE–3, at 1; GE–14, at 11– controlled substances in patient charts. GE–12, at and 0 tablets in June, and Respondent’s Exhibit 1 12. Investigators counted 263 tablets of temazepam 69. I cannot consider Respondent’s statement as indicates 84 tablets had been dispensed between in March and 173 tablets in June, and Respondent’s those dates, meaning 22 tablets of diethylproprion Exhibit 1 indicates 0 tablets had been dispensed evidence, however, because it was not made at the are not accounted for in Respondent’s Exhibit 1. between those dates, meaning 90 tablets of DEA’s hearing. See Lon F. Alexander, M.D., 82 FR GE–3, at 2; GE–14, at 11–12. Investigators counted temazepam are not accounted for in Respondent’s 49,704, 49,730 n.56 (2017) (‘‘[A] respondent is *[462] tablets of hydrocodone 10/325 mg in March Exhibit 1. GE–3, at 1; GE–14, at 11. Investigators required to present his evidence in the Agency’s and 344.5 tablets in June, and Respondent’s Exhibit counted 360 tablets of zolpidem tartrate in March proceeding.’’). 1 indicates 60 tablets had been dispensed between and 0 tablets in June, and Respondent’s Exhibit 1 *M [I agree with the ALJ and find that his analysis those dates, meaning *[57.5] tablets of hydrocodone indicates 270 tablets had been dispensed between here addresses the same argument that Respondent 10/325 mg are not accounted for in Respondent’s those dates, meaning 90 tablets of zolpidem are not made in her Exceptions. Resp Exceptions, at 19.] VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16776 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices On March 13, 2014, however, paragraph 4 of the OSC, is not CFR 1304.22(c), 21 CFR 1306.04, and Respondent possessed quantities of 11 sustained, because Respondent did not Cal. Health and Safety Code § 11190. Id. different controlled substances for possess any Schedule I or II controlled It is the Government’s responsibility which she had no invoices, and she also substances on March 13, 2014. to ‘‘ ‘sift through the records and possessed 462 tablets of hydrocodone. highlight that information which is Variance Compare GE–3, at 1–2, with the above probative of the issues in the table. Based on the controlled The Government also alleged that proceeding.’ ’’ Top RX Pharmacy, 78 FR substances that were counted in the when Respondent’s controlled 26,069, 26,069–70 n.7 (2013) (quoting office during the inspection, substances were inventoried on June 13, Gregg & Son Distribs., 74 FR 17517, Respondent should have had more 2014, she was unable to account for 17517–18 n.1 (2009)); see also James invoices than the 9 invoices she some of the controlled substances that William Eisenberg, M.D., 77 FR 45,663, provided.28 FF 18. she possessed on March 13, 2014. ALJ– 45,674 n.47 (2012). To prove the While the Government also alleged 1, at 3, para. 6. Specifically, the variance, the Government introduced that Respondent did not produce any Government alleges that Respondent Government Exhibits 3 and 14. In DEA 222 Forms, none of the was not able to account for: addition, the Government presented investigators provided any testimony testimony that in comparing the regarding 222 Forms. Based on the 25 bottles of Alprazolam 1 mg, containing 30 quantity of controlled substances that tablets (750 tablets) testimony of all four investigators, it is Respondent had in her office on March 10 bottles of Clonazepam 1 mg, containing 30 not possible to discern whether they tablets (300 tablets) 13, 2014, to those found in her office on were looking for 222 Forms, whether 3 bottles of Diethylpropion HCI 25 mg, June 13, 2014, that there was ‘‘[a] fair Respondent should have kept 222 containing 28 tablets (84 tablets) amount’’ fewer controlled substances in Forms, or whether they asked for 3 bottles of Hydrocodone 10/325 mg, Respondent’s office in June. Tr. 131–32; receiving records other than invoices. containing 30 tablets (90 tablets) see also ALJ–50, at 7, para. 26. The Furthermore, Respondent did not 2 bottles of Hydrocodone/IBU 7.5/200 mg, Government, however, has made possess any Schedule I or II controlled containing 30 tablets (60 tablets) absolutely no effort to explain how it substances on March 13, 2014. See GE– 64 bottles of Phentermine 37.5 mg, determined the variances it alleged in 3, at 1–2. Since DEA 222 Forms are only containing 30 tablets (1,920 tablets) paragraph 6 of the OSC. used to order Schedule I and II 3 bottles of Temazepam 30 mg, containing 30 The following table lists the specific controlled substances, there is no tablets (90 tablets) controlled substances the Government 12 bottles of Zolpidem 10 mg, containing 30 evidence before me suggesting that alleged that Respondent could not tablets (360 tablets) Respondent was missing any DEA 222 10 vials of various anabolic steroid and account for on June 13, 2014. The table Forms. See 21 CFR 1305.03. testosterone-related products compares the inventory of those Accordingly, the allegation that controlled substances taken by the DEA Respondent failed to maintain receiving Id. The Government did not allege that on March 13, 2014, with the inventory records, as alleged in paragraph 4 of the Respondent’s inability to account for taken on June 13, 2014 from OSC, in violation of 21 CFR 1304.21(a), these controlled substances was an Respondent’s office. In addition, the is sustained. This sustained allegation independent violation of law or table includes the number of these weighs in favor of revoking regulations, but asserted that she was controlled substances that Respondent Respondent’s registration, and denying unable to account for the controlled dispensed between those two dates, as her pending application. The allegation substances because she did not have any indicated by her dispensing log that was that Respondent failed to maintain DEA dispensing logs. Id. In support of this seized during the search on June 13, 222 Forms, however, as alleged in allegation the Government cited to 21 2014. AIW on March Search warrant Controlled substance on June 13, Dispensed 29 Reference 13, 2014 2014 Alprazolam 1 mg ...... 750 tablets ...... 0 tablets ...... 390 tablets ...... GE–3, at 1; GE–14, at 11–12; RE–1, at 5–9. Clonazepam 1 mg ...... 300 tablets ...... 300 tablets ...... 0 tablets ...... GE–3, at 1; GE–14, at 11. Diethylpropion 25 mg ...... 106 tablets ...... 0 tablets ...... 84 tablets ...... GE–3, at 2; GE–14, at 11–12; RE–1, at 5. Hydrocodone 10/325 mg ...... 462 tablets *N .... 344.5 tablets ..... 60 tablets ...... GE–3, at 1; GE–14, at 11; RE–1, at 6. Hydrocodone 7.5/200 mg ...... 60 tablets ...... 0 tablets ...... 0 tablets ...... GE–3, at 1; GE–14, at 11–12. Phentermine 37.5 mg ...... 616 tablets ...... 187 tablets ...... 660 tablets ...... GE–3, at 2; GE–14, at 11; RE–1, at 5–9. Temazepam 30 mg ...... 263 tablets ...... 173 tablets ...... 0 tablets ...... GE–3, at 2; GE–14, at 11–12. Zolpidem 10 mg ...... 360 tablets ...... 0 tablets ...... 270 tablets ...... GE–3, at 2; GE–14, at 11–12; RE–1, at 6–9. While this table reveals that are not as large as those alleged by the phentermine on June 13, 2014, than she Respondent could not account for some Government. For example, Respondent started with on March 13, 2014.30 In of the controlled substances she was was not missing any clonazepam, and addition, while the Government alleged missing on June 13, 2014, the numbers she actually accounted for more that Respondent could not account for 28 Government Exhibit 2 consists of 18 invoices, *N The ALJ noted 810 tablets, but upon review, I allegation that on March 13, 2014, Respondent but several of the invoices are duplicates. counted 15 bottles of 30 count and 12 tablets as 462 possessed 64 bottles of phentermine, each 29 This column reflects controlled substances tablets. containing 30 tablets. Further, as the below table reportedly dispensed by Respondent between 30 Although the Government alleged that illustrates, Respondent had other controlled March 13, 2014, and June 13, 2014, as reported in Respondent possessed 1,920 tablets of phentermine substances where she had more of those substances Respondent’s Exhibit 1. There is no evidence that on March 13, 2014, ALJ–1, at 3, para. 6, the on June 13, 2014, than she did on March 13, 2014. the Respondent received any new controlled inventory that was conducted that day only shows substances between March 13, 2014 and June 13, she had 616 tablets that day. GE–3, at 1. The These overages also cannot be explained by 2014. Government offered no evidence to support the evidence in the Administrative Record. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16777 ‘‘10 vials of various anabolic steroid and failure to explain where it came up with detailed in the above table demonstrates testosterone-related products,’’ ALJ–1, at some of the quantities of controlled that on June 13, 2014, Respondent was 3, para. 6, the March 13, 2014 inventory substances in paragraph 6 of the OSC not able to account for ‘‘[a] fair amount’’ lists no such products. GE–3, at 1–2. that it alleged Respondent could not of the controlled substances she Nevertheless, despite the Government’s account for, the direct comparison possessed on March 13, 2014. Tr. 131. Search warrant on Controlled substance AIW on March 3, 2014 June 13, 2014 Reference Hydrocodone 7.5/500 mg ...... 120 tablets ...... 150 tablets ...... GE–3, at 1; GE–14, at 11. Temazepam 15 mg ...... 0 tablets ...... 115 tablets ...... GE–3, at 1–2; GE–14, at 11. APAP Codeine 300/30 mg ...... 266 tablets ...... 295 tablets ...... GE–3, at 1; GE–14, at 11. None of the regulations cited by the medical purpose or outside the usual legitimate medical purpose or in the Government in the OSC, 21 CFR course of professional practice.’’ Id. usual course of professional practice; (2) 1304.22(c), 21 CFR 1306.04, and Cal. Under the Controlled Substances Act by showing that a practitioner violated Health and Safety Code § 11190, require (‘‘CSA’’), it is unlawful for a person to ‘‘a state medical practice standard that Respondent be able to account for distribute controlled substances, except which is sufficiently tied to a state law her controlled substances. Both 21 CFR as authorized under the CSA. 21 U.S.C. finding of illegitimacy to support a 1304.22(c) and Cal. Health and Safety 841(a)(1). To combat abuse and similar finding under Federal law’’; (3) Code § 11190 address the requirement to diversion of controlled substances, by demonstrating that the respondent maintain dispensing logs. The other ‘‘Congress devised a closed regulatory ‘‘knowingly diverted drugs’’; and/or (4) cited regulation, 21 CFR 1306.04, system making it unlawful to by showing that the respondent violated addresses the requirements for issuing manufacture, distribute, dispense, or a state medical practice standard prescriptions and has no relevance to possess any controlled substance except ‘‘which has a substantial relationship to Respondent’s inability to account for in a manner authorized by the CSA.’’ the CSA’s purpose of preventing her controlled substances. The inability Gonzales v. Raich, 545 U.S. 1, 13 (2005). substance abuse and diversion.’’ Jack A. to account for a significant number of To maintain this closed regulatory Danton, D.O., 76 FR 60,900, 60,901 dosage units, however, creates a grave system, controlled substances may only (2011); see also Joe W. Morgan, D.O., 78 risk of diversion. The Medicine Shoppe, be prescribed if a DEA registrant writes FR 61,961, 61,978 (2013). 79 FR 59,504, 59,516 (2014) (citing a valid prescription. Carlos Gonzalez, In this case, the Government has Medicine Shoppe-Jonesborough, 73 FR M.D., 76 FR 63,118, 63,141 (2011). As presented evidence that touches on two 364, 367 (2008) (finding 50 dosage units the Supreme Court explained, ‘‘the of the four methods of proving a a significant amount)). In this case, prescription requirement . . . ensures violation of 21 CFR 1306.04(a). First, the because Respondent was unable to that patients use controlled substances Government presented the expert account for more than 50 dosage units under the supervision of a doctor so as testimony of Dr. Munzing that the of several controlled substances, I find to prevent addiction and recreational prescriptions that Respondent issued to that she was unable to account for a abuse. As a corollary, [it] also bars both herself and S.P. were not issued for significant amount of controlled doctors from peddling to patients who a legitimate medical purpose and that substances. crave the drugs for those prohibited they were also issued outside the usual [*Omitted. The violations of law have uses.’’ Gonzales v. Oregon, 546 U.S. at course of professional practice. FF 55– been considered with regard to her lack 274 (2006) (citing United States v. 62, 64–67. Second, the Government’s of complete dispensing logs.] *O Moore, 423 U.S. 122, 135, 143 (1975)). evidence suggests that by failing to A controlled substance prescription is properly keep records of the controlled Illegal Prescribing to Self and to S.P. not valid unless it is ‘‘issued for a substances Respondent stored in her legitimate medical purpose by an The Government next alleged that office and the manner in which she individual practitioner acting in the Respondent unlawfully issued over 75 prescribed controlled substances, she usual course of his professional prescriptions between February 16, violated state standards which have a practice.’’ 21 CFR 1306.04(a). Federal 2010, and July 13, 2015.31 ALJ–1, at 3, substantial relationship to the CSA’s regulations further provide that ‘‘[a]n para. 8. The Government alleges that the goal of preventing diversion. See Cal. order purporting to be a prescription prescriptions for controlled substances Health & Safety Code §§ 11153(a), issued not in the usual course of that Respondent issued to herself and to 11170, and 11190. professional treatment . . . is not a her husband, S.P., during this period prescription within the meaning and California Law were issued for ‘‘other than a legitimate intent of [21 U.S.C. 829] and . . . the California law echoes federal person issuing it[ ] shall be subject to the standards and provides that ‘‘[a] *O [The RD also noted that the OSC had alleged penalties provided for violations of prescription for a controlled substance violations of 21 CFR 1306.04 and Cal. Health & Safety Code § 11350 based on Respondent’s [controlled substance laws].’’ Id.; see 21 shall only be issued for a legitimate possession of prescription pill bottles belonging to U.S.C. 842(a)(1) (establishing that, under medical purpose by an individual at least five other individuals, L.F., B.S., D.V., J.W., the CSA, it is illegal for a person to practitioner acting in the usual course of and D.D. RD, at 44–45 (citing ALJ–1, at 3, para. 7). distribute or dispense controlled his or her professional practice.’’ Cal. I am omitting this section, but I agree with the RD that there is not substantial evidence on the record substances without a prescription, as is Health & Safety Code § 11153(a). State to support these allegations. Id.] required under 21 U.S.C. 829). law further adds that prescribing a 31 The Government did not address any There are four ways to prove that a controlled substance without first prescription written on July 13, 2015. The most practitioner violated the prescription conducting a proper medical recent prescription the Government identified examination ‘‘constitutes unprofessional during the hearing was written by Respondent to requirements of 21 CFR 1306.04(a): (1) her husband, S.P., on September 16, 2014. GE–8, at By providing expert testimony that the conduct.’’ Cal. Bus. & Prof. Code 27. prescription was not issued for a § 2242(a). California law prohibits a VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16778 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices practitioner from prescribing ‘‘a Respondent between February 16, 2010, Respondent issued to herself contained controlled substance for himself.’’ Cal. and November 29, 2012, that were either dosing instructions. FF 63. Because Health & Safety Code § 11170. written for herself or for office use dosing instructions are typically tailored California’s controlled substance laws instead of a particular patient. FF 61–62, to the patient’s needs at the time of set forth several requirements related to 65–67; GE–7, at 4, 177. The Government seeing the patient, as opposed to when the documentation and reporting of further alleged that the prescriptions the substance is obtained, the fact that prescriptions. Specifically, California Respondent issued to herself violated these four prescriptions are practitioners must document certain DEA’s prescription requirement because accompanied with specific dosing information when they prescribe or they lacked a legitimate medical directions strongly suggests that the administer a controlled substance, purpose and were issued outside the prescribed substances were intended to depending on the schedule of the drug. course of professional practice. ALJ–1, be used by the named patient (i.e., Cal. Health & Safety Code § 11190. at 3, para. 8(a) (citing 21 CFR Respondent) and not used as office Additionally, failing ‘‘to maintain 1306.04(a)). A prescription violates stock from which to supply other adequate and accurate records relating Section 1306.04(a) if it lacks a legitimate patients. Tr. 226–27. to the provision of services to [] patients medical purpose or was issued outside Thus, Dr. Munzing’s assessment of the constitutes unprofessional conduct.’’ Id. the course of professional practice in the prescriptions in Government Exhibit 7 at § 2266. *[Omitted.] practitioner’s state. United States v. demonstrate that Respondent issued numerous prescriptions outside the Self-Prescribing Nelson, 383 F.3d 1227, 1233 (10th Cir. 2004). At the very least, testimony and course of professional practice in The Government alleged that between documentary evidence demonstrate that California by prescribing controlled February 16, 2010, and November 29, the prescriptions in Government Exhibit substances to herself, and in a few 2012, Respondent issued at least 40 7 were not issued in the course of instances, by prescribing an ‘‘incredibly prescriptions to herself for controlled professional practice. For example, in high number’’ of tablets to herself. Id. at substances ‘‘for office use,’’ in violation addressing these prescriptions Dr. 213. In evaluating these prescriptions, of 21 CFR 1306.04(a) and (b), and Cal. Munzing testified that it is outside the Dr. Munzing referred repeatedly to the Health & Safety Code § 11170. ALJ–1, at standard of care and the course of standard of care in California and based 3, para. 8(a). It is further alleged that the professional practice in California for a his expert opinion on the assessment prescriptions Respondent wrote ‘‘for prescription to list ‘‘office use’’ instead that these prescriptions were not issued office use’’ were without a legitimate of the patient’s name. Tr. 201. in the course of professional practice. medical purpose and were written At the hearing, the Government Essentially, Dr. Munzing’s testimony outside the course of professional directed Dr. Munzing’s attention to regarding Government Exhibit 7 practice. Id. several prescriptions in Government overlooked the second aspect of the DEA regulations prohibit a Exhibit 7 that appear to be examples of prescription requirement, namely that a practitioner from obtaining controlled prohibited self-prescribing. Dr. Munzing prescription must be issued for substances ‘‘for the purpose of general opined that these prescriptions were legitimate medical treatment to be valid. dispensing to patients.’’ 21 CFR issued outside the California standard of The fact that Dr. Munzing’s testimony 1306.04(b). This makes sense in light of care. FF 62. As Dr. Munzing noted at the focused almost exclusively on only one the requirement that for a prescription hearing, these prescriptions do not end of the equation, however, is to be valid, it must be written for a contain any indication they were inconsequential. See Wesley Pope, M.D., ‘‘medical purpose’’ in the ordinary intended for office use, and instead 82 FR 14,944, 14,967 n.38 (2017) course of professional practice. Id. at represent instances of Respondent (explaining ‘‘there is no material § 1306.04(a). [*Omitted]. Relatedly, prescribing a controlled drug to herself, difference between’’ the dual criteria of under California law, ‘‘[n]o person shall in violation of California law and the Section 1306.04(a)). Prescribing a prescribe, administer, or furnish a California standard of care. FF 57; Tr. controlled substance outside the course controlled substance for himself.’’ Cal. 206–10; Cal. Health & Safety Code of professional practice is enough to Health & Safety Code § 11170; Tr. 134, § 11170. [*Omitted.] violate DEA’s prescription requirement. 200. As for the standard of care, Dr. Several of the prescriptions were also Id. Munzing explained that if a practitioner issued outside the standard of care in Further, Respondent’s post-hearing intends to obtain controlled substances California to the extent that they attempt to blame the pharmacy for for office use, simply writing ‘‘for office prescribed an extremely high number of incorrectly filling the ‘‘office use’’ use’’ on the prescription is not the pills. FF 59–60. Three prescriptions 32 prescriptions cannot be considered as proper procedure in California. Tr. authorized by Respondent for herself evidence. See supra note 9; ALJ–51, at 200–01. Dr. Munzing also testified that were written for 300, 450, and 600 15–16.*P the American Medical Association’s tablets of phentermine, respectively. FF Code of Ethics forbids a practitioner 59. Phentermine is a Schedule IV *P[Respondent argues that the prescriptions to from prescribing controlled substances controlled substance. Stip. 11. Dr. herself were the fault of E-Compounding to herself. Id. at 200. Munzing testified that 600 tablets of Pharmacy’s record systems and that the pharmacy ‘‘should have used an invoice and not a Government Exhibit 7 contains 168 phentermine is ‘‘an incredibly high 33 prescription number when billing [her] orders.’’ prescriptions authorized by number.’’ Tr. 213. Further, he added Resp Exceptions, at 25. Regardless of whether the that 450 pills of phentermine are pharmacy also erred in filling these prescriptions in 32 The Administrative Record contains no excessive, and a prescription for 450 this manner, Respondent cannot pass all of the evidence explaining the proper procedure a blame on the pharmacy and expect that she practitioner must use to obtain controlled phentermine tablets would be outside absolves herself of responsibility. I do not find her substances for office use. the standard of care in California. Tr. argument credible that she would have no way of 33 In its Post-Hearing Brief, the Government 247–48. knowing that the pharmacy was recording her asserts that Respondent wrote 179 prescriptions to It is also significant that, according to prescriptions this way. ALJ–51, at 15. The evidence herself, but makes no effort to explain how it came contains several fax cover sheets from her office, up with that number, except citing to Government Dr. Munzing, four of the prescriptions ‘‘Beauty Mark Wellness Center,’’ listing prescription Exhibit 7. ALJ–50, at 8, 17. During the hearing, the orders and indicating ‘‘Office Use.’’ See e.g., GE–7, Government only addressed 168 such prescriptions. Findings of Fact. See FF 61–62, 65–67; GE–7, at 4, at 146, 150, 152, 160, 166, 171, 173, 175, 177, 178. I have identified each of those prescriptions in my 177. Further, the evidence also includes a prescription VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16779 Accordingly, the allegation that not in the usual course of professional controlled substances for S.P. FF 55; Respondent issued at least 40 treatment . . . is not a prescription GE–8, at 27. Unfortunately, there is no prescriptions to herself for controlled within the meaning and intent of [the medical record documenting that substances between February 16, 2010, Controlled Substances Act].’’ Id. The Respondent performed ‘‘an appropriate and November 29, 2012, outside the Cal. Health & Safety Code § 11153(a) prior examination’’ and formulated ‘‘a course of professional practice and closely parallels the language contained medical indication’’ concerning S.P. without a legitimate medical purpose, as in 21 CFR 1306.04(a). Furthermore, the before issuing him prescriptions for alleged in paragraph 8(a) of the OSC, Cal. Health & Safety Code § 2242(a) controlled substances. See Cal. Health & and in violation of 21 CFR 1306.04(a) provides that ‘‘[p]rescribing, dispensing, Safety Code § 2242(a). By issuing those and (b), and Cal. Health & Safety Code or furnishing dangerous drugs . . . 27 prescriptions to S.P., without § 11170, is sustained. This sustained without an appropriate prior documenting the required medical allegation weighs in favor of revoking examination and a medical indication, examination, Respondent engaged in Respondent’s registration and denying constitutes unprofessional conduct.’’ ‘‘unprofessional conduct.’’ Id. Further, her pending application. Dr. Munzing testified that under the because there is no medical record for standard of care in California, a Prescribing to S.P. S.P., the 27 prescriptions that practitioner must maintain a medical Respondent issued to S.P. for controlled The Government also alleged that record for a patient to whom controlled substances were issued outside the between April 21, 2012, through June substances are prescribed. FF 51–53; Tr. standard of care in California. FF 55. 34 12, 2014, Respondent issued at least 180. Specifically, to meet the California Accordingly, that portion of the 35 35 prescriptions to S.P. outside the standard of care, the patient’s medical Government’s allegation that course of professional practice or for record must contain: Details of the Respondent wrote 27 prescriptions for other than a legitimate medical purpose, medical exam, such as medical history, controlled substances to S.P. outside the in violation of 21 CFR 1306.04(a), Cal. informed consent, diagnosis, and course of professional practice and for Bus. & Prof. Code § 2242(a), and Cal. management plan; results of laboratory other than a legitimate medical purpose, Health & Safety Code § 11153(a). ALJ–1, testing or imaging; PMP reports; and as alleged in paragraph 8(b) of the OSC, at 3–4, para. 8(b). Specifically, the results of drug tests. FF 54. Notes in violation of 21 CFR 1306.04(a), Cal. Government alleged that Respondent pertaining to the medical examination Bus. & Prof. Code § 2242(a), and Cal. issued the prescriptions to S.P. without itself would likely comprise the bulk of Health & Safety Code § 11153(a) is conducting a medical examination or the patient’s file, and would narrate sustained. This sustained allegation documenting a medical examination in details of the patient-physician weighs in favor of revoking S.P.’s patient record.36 ALJ–1, at 4, para. encounter, including: Current Respondent’s registration and denying 8(b). complaint; review of symptoms; cause her pending application. [*Omitted.] Title 21 CFR 1306.04(a) details the of the complaint; patient’s history of requirements for issuing a valid drug and alcohol use; physical *[Lack of Candor prescription. That section states that for examination; and risk and benefits of The Government alleged that the a prescription to be effective it ‘‘must be treatment options. Tr. 176–80. Respondent’s lack of candor during the issued for a legitimate medical purpose In this case, the DEA investigators investigation should be considered by an individual practitioner acting in asked Respondent for patient charts under Factor Five to provide further the usual course of [her] professional when they first went to her home on weight that Respondent’s continued practice.’’ 21 CFR 1306.04(a). That March 13, 2014. FF 10. While registration is not in the public interest. section further provides that ‘‘[a]n order Respondent did have some patient ALJ–1, at 4, para. 9. The ALJ considered purporting to be a prescription issued charts in her home, she did not have all this evidence accordingly under Factor of the charts that DEA wanted. FF 11– Five, and although I agree with both the signed by Respondent from her prescription pad 13. Then again on June 13, 2014, ALJ and the Government that in prior indicating, ‘‘Office Use.’’ GE–7, at 164. Therefore, investigators were in Respondent’s DEA decisions,*Q I have often weighed the evidence on the record does not support lack of candor under Factor Five, I find Respondent’s contention that the blame for the home looking for specific patient charts, manner in which these prescriptions were recorded to include a chart for Respondent’s it appropriate in this case, given the and filled lies with the pharmacy and not on her, husband, S.P. FF 44; Tr. 107. The chart nature of Respondent’s lack of candor, and I agree with the ALJ’s findings regarding these for S.P. was not located during either to consider this under my sanctions prescriptions.] analysis. I am retaining the ALJ’s 34 The Government has not identified which the AIW or the execution of the search prescriptions match these dates. Of the warrant. FF 13, 44. Further, S.P.’s analysis of the allegation regarding lack prescriptions identified by the Government at the patient file is not part of the hearing, the earliest prescription was written on Administrative Record. As with the *Q [The RD stated that ‘‘[t]he DEA has consistently March 30, 2012, and the most recent was written initial inventory, the fact that held that ‘‘[c]andor during DEA investigations, on September 16, 2014. GE–8, at 27, 67. regardless of the severity of the violations alleged, 35 In its Post-Hearing Brief, the Government Respondent did not provide S.P.’s is considered by the DEA to be an important factor asserts that Respondent wrote ‘‘approximately 50 medical file when requested to do so by when assessing whether a physician’s registration is prescriptions for controlled substances’’ to S.P., the investigators and has not produced consistent with the public interest.’’ Hassman, 75 ALJ–50, at 9, 16, but makes no effort to explain how it during the course of these proceedings FR at 8236 (internal citations and quotations it came up with that number, except citing to omitted); see also Hoxie, 419 F.3d at 483. For Government Exhibit 8. See supra note 6. strongly suggests that Respondent never example, the DEA held that a respondent’s lack of 36 The OSC also alleged that California created a medical file for her husband. candor weighed against his registration under regulations ‘‘explicitly provide that the failure to See Odette L. Campbell, M.D., 80 FR Factor Five when he lied to DEA investigators . . . document . . . an evaluation in a patient’s 41,062, 41,078 (2015) (reasoning that ‘‘when first confronted’’ about his wrongful record, means that the physician is not prescribing conduct. Scalera, 78 FR at 12,100. The DEA ‘‘places in the usual course of professional practice.’’ ALJ– investigator’s inability to find 222 great weight on a registrant’s candor, both during 1, at 4, para. 8. Neither the OSC nor the Forms and registrant’s failure to provide an investigation and in any subsequent Government’s Post-Hearing Brief identify any them demonstrates non-compliance). proceeding.’’ Robert F. Hunt, D.O., 75 FR 49,995, California regulation that supports this allegation. Here, the Administrative Record 50,004 (2010) (citing The Lawsons, Inc., 72 FR ALJ–1, at 4; ALJ–50, at 16. Rather, the Government’s 74334, 74338 (2007)). Thus, the DEA may consider Post-Hearing Brief focuses on Respondent’s failure demonstrates that between April 21, a respondent’s lack of candor to be a threat to to produce the medical record for S.P. ALJ–50, at 2012, and June 12, 2014, Respondent public health and safety. Annicol Marrocco, M.D., 16. wrote at least 27 prescriptions for 80 FR 28,695, 28,705 (2015).’’ RD, at 52.] VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16780 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices of candor and will consider it more Subsequently, on June 13, 2014, stated earlier, given the quantity and the thoroughly in the Sanctions below.] Respondent’s dispensing log, what there locations of where the marijuana was Here, the Government alleged that was of it, was found and seized from found in Respondent’s home, her Respondent displayed a lack of candor Respondent’s office. GE–14, at 9; RE– claimed lack of knowledge strains during DEA’s investigation. ALJ–1, at 4, 1.*R During that search, Respondent credulity. para. 9. Specifically, the Government also told the investigators that her Accordingly, the Government’s alleged that in March 2014 Respondent husband’s medical chart was located in allegation, contained in paragraph 9 of told DEA investigators that patient files pieces around her house, but the file the OSC, that Respondent displayed a they requested ‘‘were not there,’’ and was never found. FF 45. In addition, lack of candor during the DEA that at least some of the missing files during the search on June 13, 2014, a investigation is sustained. *[Omitted. were at a location in Lake Forest, significant amount of marijuana was As previously stated, I am considering California, for which she did not know found in Respondent’s home, though Respondent’s lack of candor under the the address. Id. The Government also none was found in her office. FF 40–41; Sanction section below.] alleged that during subsequent GE–14, at 4, 14. Despite the quantity of *[Lack of State Authority in Florida questioning, Respondent again stated marijuana that was seized and the fact According to Florida’s online records, that the charts requested by the DEA that marijuana was found in the kitchen of which I take official notice, were at another location, and that the and bedroom of Respondent’s home, as Respondent’s license is ‘‘delinquent.’’ *S dispensing log that DEA requested were well as in the garage, she claimed she Florida Department of Health License with the missing charts, but she did not had no knowledge of how it came to be Verification, https://mqa- know the location. Id. Finally, the in her home. FF 43. All of this evidence internet.doh.state.fl.us/ Government alleged that in June 2014, is unrebutted. MQASearchServices/ Respondent told a Medical Board The Administrative Record HealthCareProviders (last visited date of investigator that she did not know who established by a preponderance of the signature of this Order). Respondent owned the marijuana that was found in evidence that Respondent was not confirmed that her license to practice a suitcase in the garage of her registered truthful in her dealings with DEA medicine in Florida had expired. Tr. location, despite the fact that additional investigators when they were at her 307; RE–2. Accordingly, I find that stashes of marijuana and large amounts home on March 13, 2014, and again on Respondent currently is not licensed to of cash were discovered throughout her June 13, 2014. When questioned about engage in the practice of medicine in registered location and she and her missing patient charts and dispensing Florida, the state in which Respondent husband were the only individuals who records, Respondent initially stated that has applied to transfer her DEA lived there. Id. 37 the charts and records were not at her registration. As with any allegation, the registered location, but rather were at According to Florida statute, ‘‘A Government bears the burden of proof another location. She also professed no practitioner, in good faith and in the regarding its claim that Respondent knowledge of where that location was. course of his or her professional practice ‘‘displayed a lack of candor during Later, it was determined that the only, may prescribe, administer, [or] DEA’s investigation.’’ ALJ–1, at 4, para. location was the home of her mother-in- dispense . . . a controlled substance.’’ 9. Concerning this allegation, the law, a location she surely knew. Fla. Stat. Ann. § 893.05(1)(a). Further, Government primarily focuses on Eventually, her dispensing log was ‘‘practitioner,’’ as defined by Florida statements that Respondent made to found in her office, rather than at the statute, includes ‘‘a physician licensed investigators while they were at her home of her mother-in-law. When under chapter 458.’’ Fla. Stat. Ann. *T home on both March 13, 2014, and June questioned about the marijuana found § 893.02(23). Here, the undisputed evidence in the 13, 2014. FF 10, 12, 14, 27, 38, 43, 45. in her home, Respondent claimed she When DEA investigators were at had no idea where it came from. As record is that Respondent’s license to Respondent’s home on March 13, 2014, practice medicine in Florida is currently they asked her for some patient charts. *R [Respondent notes that ‘‘all three agents delinquent. As such, she is not a FF 10. While Respondent apparently testified that they never seized the dispensing log ‘‘practitioner’’ as that term is defined by of Ex. 1, when in fact they did.’’ Resp Exceptions, Florida statute. As already discussed, provided some patient charts, which at 20. She implies that the facts demonstrate lack were in her garage, FF 11, she also told of candor on the Government’s behalf, rather than however, a physician must be a the DEA investigators that other her own. I disagree. It is clear that the reason that practitioner to dispense a controlled the Government did not possess the dispensing log substance in Florida. Thus, because requested patient records were at a was not adequately explained in the record; storage facility in Lake Forest, however, I agree with the ALJ that the testimony *S that the Government witnesses presented was [Under the Administrative Procedure Act, an California, but she did not know the agency ‘‘may take official notice of facts at any stage address of the facility or where it was credible that they had not seen the log prior to the hearing. I have fully considered the dispensing log in a proceeding—even in the final decision.’’ located. FF 12. Respondent had similar in Respondent’s favor. Regarding Respondent’s United States Department of Justice, Attorney conversations with the DEA candor, there is unrebutted testimony that General’s Manual on the Administrative Procedure investigators concerning her dispensing Respondent made a variety of inconsistent Act 80 (1947) (Wm. W. Gaunt & Sons, Inc., Reprint statements about the whereabouts of her records, 1979). Pursuant to 5 U.S.C. 556(e), ‘‘[w]hen an logs. FF 14. She informed the and when Respondent was testifying on cross agency decision rests on official notice of a material investigators that her dispensing logs examination, she avoided questions regarding the fact not appearing in the evidence in the record, a were with the patient records in a dispensing log before ultimately saying that she did party is entitled, on timely request, to an storage facility. Id. Apparently, these not recall whether or not she provided the opportunity to show the contrary.’’ Accordingly, dispensing log to the investigators. Tr. 309–12. Registrant may dispute my finding by filing a statements were not true. Also, there is no dispute that no dispensing log was properly supported motion for reconsideration of In a subsequent interview conducted provided to or located by the investigators in finding of fact within fifteen calendar days of the by Special Agent SA 1, Respondent told March, when the dates on the dispensing log date of this Order. Any such motion shall be filed her that all of the patient charts were suggest that it existed during the AIW. Ultimately, with the Office of the Administrator and a copy I am not considering Respondent’s lack of candor shall be served on the Government. In the event located in Respondent’s garage. FF 27. under the public interest analysis, but I am Registrant files a motion, the Government shall considering her lack of cooperation with the have fifteen calendar days to file a response. Any 37 * [Omitted. I find it unnecessary to consider the investigation and inconsistent statements in my such motion and response may be filed and served marijuana, firearms and cash under Factor Five in decision regarding whether she can be entrusted by email ([email protected]).] this case.]. with a DEA registration below.] *T [Chapter 458 regulates medical practice.] VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16781 Respondent lacks authority to practice U.S.C. 827(a)(3), 21 CFR 1304.22(c), and Jonesborough, 73 FR 364, 387 (2008) medicine in Florida, she is not currently Cal. Health & Safety Code § 11190; and (quoting Samuel S. Jackson, D.D.S., 72 authorized to handle controlled that she failed to maintain receiving FR 23848, 23853 (2007)). To rebut the substances in Florida. Accordingly, I am records as is required by 21 U.S.C. 827 Government’s prima facie case and ordering that Respondent’s application and 842(a)(5), and 21 CFR 1304.21(a). escape sanction, a respondent must both for a DEA registration in Florida be As a result of Respondent’s accept responsibility for her actions and denied both because granting the recordkeeping failures, the DEA was not demonstrate that she will not engage in application would be inconsistent with able to conduct a reliable audit of the future misconduct. Patrick W. Stodola, the public interest and because she controlled substances Respondent M.D., 74 FR 20,727, 20,734–35 (2009). lacks the requisite state authority.] stored in her office and she was not able Additionally, a respondent must to account for a significant amount of Discussion and Conclusions of Law introduce evidence of remedial her controlled substances, which creates measures. Jeri Hassman, M.D., 75 FR With minor modification I have a grave risk of diversion. See The 8194, 8235–36 (2010). sustained all of the Government’s Medicine Shoppe, 79 FR at 59,516. A respondent may accept allegations against Respondent Respondent’s inability to account for a responsibility by providing evidence of concerning her: (1) Improper storage of significant amount of controlled her remorse, her efforts at rehabilitation, controlled substances; (2) failing to substances further supports the and her recognition of the severity of maintain proper inventories and conclusion that she violated federal law her misconduct. See Robert A. Leslie, dispensing logs; (3) improperly by failing to maintain complete and M.D., 68 FR 15,227, 15,228 (2003). To prescribing controlled substances to accurate records of those controlled accept responsibility, a respondent must herself and ‘‘for office use’’; (4) substances. Fred Samimi, M.D., 79 FR show ‘‘true remorse’’ for wrongful improperly prescribing to S.P. without 18,698, 18,712–13 (2014). conduct. Michael S. Moore, M.D., 76 FR maintaining a medical record for S.P.; In addition, I also found that 45,867, 45,877 (2011). An expression of and (5) displaying a lack of candor Respondent had issued numerous remorse includes acknowledgment of during the investigation. In sustaining prescriptions for no legitimate medical wrongdoing. See Wesley G. Harline, each of these allegations, I have also purpose and outside the usual course of M.D., 65 FR 5665, 5671 (2000). A found that Respondent violated one or professional practice in violation of 21 respondent must express remorse for all more DEA regulations, and one or more CFR 1306.04(a) and (b), and Cal. Health acts of documented misconduct. Jeffrey regulations of the State of California & Safety Code § 11170. Specifically, Patrick Gunderson, M.D., 61 FR 26,208, relating to the practice of medicine and/ Respondent improperly issued 168 26,211 (1996). Acceptance of or controlled substances. I also prescriptions between February 16, responsibility and remedial measures sustained an allegation that Respondent 2010 and November 29, 2012, that were are assessed in the context of the was unable to account for a significant either written for herself or for office use ‘‘egregiousness of the violations and the amount of the controlled substances that instead of for a particular patient, and [DEA’s] interest in deterring similar she had in her office in March of 2014 between March 30, 2012 and September misconduct by [the] Respondent in the when investigators inventoried the 16, 2014, she wrote at least 32 future as well as on the part of others.’’ controlled substances found in her prescriptions for controlled substances David A. Ruben, M.D., 78 FR 38,363, office on June 13, 2014. Respondent’s for S.P. without having a medical record 38,364 (2013). inability to account for those controlled for him. Finally, I have found that substances is not a separate violation of Respondent was less than candid in her Here, the Government accurately DEA regulations, but rather is a result of dealing with DEA investigators, argued in its Post-Hearing Brief that the failure to maintain adequate records as misleading them concerning the ‘‘Respondent has not accepted required by both the DEA and the State existence and/or the location of records responsibility for her actions.’’ ALJ–50, of California. Finally, although the OSC and her knowledge about marijuana that at 21. While Respondent presented alleged that Respondent had violated 21 was found in her home. limited testimony to identify CFR 1306.04 and the Cal. Health and Respondent’s Exhibits 1 and 2, she Safety Code § 11350 by possessing Prima Facie Showing and Balancing presented no testimony concerning the controlled substances belonging to other In this case Factors One and Three allegations contained in the OSC or individuals, I did not sustain that weigh neither for nor against revocation. concerning whether she accepted allegation. However, Factors Two and Four responsibility for her conduct that was Specifically, I have found that strongly weigh in favor of revoking proven by a preponderance of the Respondent failed to properly store a Respondent’s COR and denying her evidence. I find, therefore, that significant amount of controlled pending application because of her Respondent has not accepted any substances that she kept in her office in improper storage, improper responsibility for the allegations that I violation of 21 CFR 1301.75(b). Her recordkeeping, and improper have sustained.38 failure to do so is aggravated by the fact prescribing to herself and her husband. that after being advised on March 13, *[Omitted sentence.] Considering the 38 The Government has also urged that I draw an 2014, and again on April 4, 2014, that public interest factors in their totality, I adverse inference concerning acceptance of responsibility as well as violating Federal and State her storage was non-compliant, the find that the Government has made a laws and regulations. ALJ–50, at 22. I decline to do controlled substances were still prima facie case showing that so. I decline simply because it is unnecessary to do improperly stored on June 13, 2014. I Respondent’s registration is inconsistent so in this case. Even without the adverse inference have also found that Respondent was with the public interest. the preponderance of the evidence establishes each of the allegations I have sustained, and the deficient in that she: Failed to maintain After the Government presents a Administrative Record is already devoid of any an initial inventory of the controlled prima facie case for revocation, a acceptance of responsibility. * [Respondent substances she kept at her registered respondent has the burden of repeatedly notes in her Exceptions that she believes location in violation of 21 U.S.C. 827(b) production to present ‘‘sufficient an adverse inference was drawn against her for not presenting testimony at the hearing. See Resp and 21 CFR 1304.04(a); failed to mitigating evidence’’ to show why she Exceptions, at 3, 21, 27. It is noted that although maintain complete and accurate can be entrusted with a DEA the Government did request such an inference, the dispensing records in violation of 21 registration. See Medicine Shoppe— ALJ did not draw one.] VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16782 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices Notwithstanding the fact that the being able to conduct a reliable audit. she has given me no reason to believe Government has made a prima facie Tr. 25. Due to the shortcomings, that I can trust her. case for sanction, imposing a sanction is Respondent was unable to account for a Furthermore, although Registrant a matter of discretion. See 21 U.S.C. significant number of controlled contends that DEA and state 824(a) (‘‘A registration . . . may be substances in June 2014, which creates investigators should have ‘‘point[ed] out suspended or revoked by the Attorney the risk of diversion. See The Medicine any of the mistakes [she] made, help[ed] General . . . .’’) (emphasis added); Shoppe, 79 FR at 59,516. Respondent’s [her] fix her mistakes,’’ Resp Exceptions, Martha Hernandez, M.D., 62 FR 61,145, storage violations also raise diversion at 18, the evidence on the record 61,147 (1997) (referring to concerns. The physical security of demonstrated that even after being Administrator’s authority to exercise controlled substances is required to explicitly told on at least two occasions discretion in issuing the appropriate prevent unlawful diversion. Jerry Neil that her controlled substances required sanction). Even where a respondent Rand, M.D., 61 FR 28,895, 28,897 additional security, she failed to does not accept responsibility, the DEA (1996). adequately secure them. As such, I is still tasked with determining the cannot be assured that Registrant would In addition, while Respondent wrote appropriate sanction, and will examine: amend her behavior in the future to 200 illegal prescriptions, only a few (1) ‘‘The egregiousness and extent of a avoid repeating the violations found instances of illegal prescribing can be registrant’s misconduct,’’ and (2) the herein.] sufficient to support revocation of a DEA’s interest in specific and general Finally, as well as considering the deterrence. Fred Samimi, M.D., 79 FR registration. For instance, in Alan H. egregiousness of Respondent’s 18,698, 18,713–14 (2014); see Daniel A. Olefsky, M.D., the DEA imposed violations, I must also consider the revocation based on evidence of only DEA’s interest in deterring future Glick, D.D.S., 80 FR 74,800, 74,810 39 (2015) (analyzing egregiousness and two fraudulent prescriptions. 57 FR misconduct by both the respondent as deterrence even though the registrant 928, 928–29 (1992). In James Clopton, well as other registrants. David A. failed to tender an unequivocal M.D., the DEA denied the respondent’s Ruben, M.D., 78 FR 38,363, 38,364 acceptance of responsibility); Jacobo application on evidence that he wrote (2013). ‘‘Consideration of the deterrent Dreszer, M.D., 76 FR 19,386, 19,387–88 only four unlawful prescriptions. 79 FR effect of a potential sanction is (2011) (explaining that ‘‘even though the 2475, 2475–77 (2014). Although the supported by the CSA’s purpose of Government has made out a prima facie record contained additional evidence of protecting the public interest.’’ Joseph case’’ for sanction, the registrant recordkeeping violations, the Gaudio, M.D., 74 FR at 10,094. Further, remains free to argue that ‘‘his conduct Administrator viewed the unlawful given all of the above facts, I find that was not so egregious as to warrant prescriptions as ‘‘reason alone to deny considerations of both specific and revocation’’). [respondent’s] application.’’ Id. at 2478. general deterrence weigh in favor of When considering whether [* Omitted.] revocation in this case. Respondent’s continued registration is Further, when determining whether Recommendation consistent with the public interest, I revocation is appropriate, the DEA must consider both the egregiousness of ‘‘places great weight on an [applicant’s] The Government established that her violations and the DEA’s interest in candor, both during an investigation Respondent’s continued registration is deterring future misconduct by both and in [a] subsequent proceeding.’’ inconsistent with the public interest Respondent as well as other registrants. Robert F. Hunt, D.O., 75 FR 49,995, because of her improper: Storage; David A. Ruben, M.D., 78 FR 38,363, 50,004 (2010). *[Omitted.] recordkeeping; and prescribing; and her 38,364 (2013). ‘‘In short, this is not a [Respondent’s found lack of candor and lack of candor. Once the Government contest in which score is kept; the inconsistent statements during the made a prima facie case for sanction, Agency is not required to mechanically investigation demonstrates an the burden shifted to Respondent to count up the factors and determine how unwillingness to cooperate with this demonstrate that she could be entrusted with a DEA COR. For her part, many favor the Government and how agency in future compliance Respondent was required to accept many favor the registrant. Rather, it is inspections. Truthful cooperation with responsibility and demonstrate remedial an inquiry which focuses on protecting agency requests for information ensures measures; however, she failed to accept the public interest; what matters is the that agency officials can easily monitor any responsibility for her misconduct. seriousness of the registrant’s and ensure compliance with the CSA Respondent’s failure to acknowledge misconduct.’’ Richard J. Settles, D.O., 81 and help to correct violations. See any wrongdoing whatsoever exacerbates FR 64,940, 64,945 n.17 (2016) (quoting Jeffrey Stein, M.D., 84 FR 46,968, 46,973 the egregiously sub-standard manner in Jayam Krishna-Iyer, M.D., 74 FR 459, (2019) (finding that a registrant’s which she prescribed controlled 462 (2009)). honesty during law enforcement substances in this case and her total I find that Respondent’s multiple and regulations is ‘‘crucial to the Agency’s failure to properly store controlled repeated recordkeeping, security, and ability to complete its mission of substances after being told how to do so. prescribing violations, coupled with her preventing diversion within such a large A practitioner who refuses to lack of candor, are sufficiently egregious regulated population’’). In order to acknowledge the severe deficiencies in to warrant revocation. To begin, entrust Respondent with a registration, her security, recordkeeping, prescribing, ‘‘[r]ecordkeeping is one of the CSA’s I need to know that she will not repeat and candor cannot be entrusted with the central features; a registrant’s accurate her dishonest behavior, and in this case, and diligent adherence to this obligation ability to continue prescribing is absolutely essential to protect against controlled substances. Accordingly, I 39 Additionally, in the Olefsky case, the registrant diversion of controlled substances.’’ argued in his exceptions to the ALJ’s recommended RECOMMEND that Respondent’s DEA Superior Pharmacy I & Superior ruling that suspension of his license was COR, Number BM5370123, be Pharmacy II, 81 FR 31,310, 31,321 n.14 disproportionate to the proven misconduct, which REVOKED, and that her pending (2016) (quoting Paul H. Volkman, M.D., was limited to two fraudulent prescriptions application, control number presented on one occasion. 57 FR at 929. The 73 FR 30,630, 30,644 (2008)). Administrator rejected the registrant’s exception W15069021C, for renewal or Respondent’s recordkeeping and ruled that ‘‘[r]evocation [was] an acceptable modification of her registration, be shortcomings prevented the DEA from remedy.’’ Id. DENIED. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16783 Dated: April 5, 2018. 2; see also RFAAX 5 (Email chain—DEA license to practice as a physician and Charles Wm. Dorman, and Registrant’s counsel), at 1. surgeon in Washington State. RFAAX 3, U.S. Administrative Law Judge. The Government forwarded its RFAA, at 1. According to the Order of [FR Doc. 2021–06583 Filed 3–30–21; 8:45 am] along with the evidentiary record, to Summary Suspension, Registrant BILLING CODE 4410–09–P this office on December 31, 2020. In its prescribed controlled substances on RFAA, the Government represented that multiple occasions from January 2, ‘‘more than 30-days have passed since 2020, to July 1, 2020, while under an DEPARTMENT OF JUSTICE Registrant received the [OSC]; however, Order of Summary Restriction issued by Registrant has not submitted to DEA a the Commission. Id. at 2. Drug Enforcement Administration request for hearing.’’ 1 RFAA, at 2. The The Order of Summary Restriction Government requested an issuance of an issued on January 2, 2020, Eric R. Shibley, M.D.; Decision and agency final order that ‘‘(1) holds that ‘‘demonstrated Respondent’s Order Registrant has waived his opportunity substandard care of patients with regard On October 16, 2020, the Assistant for a hearing, and otherwise failed to to his prescribing of controlled Administrator, Diversion Control respond to the OTSC; and (2) revokes substances posed an immediate risk to Division, Drug Enforcement Registrant’s DEA COR pursuant to 21 patients and the public welfare.’’ Id. at Administration (hereinafter, DEA or U.S.C. 802(21), 823(f) and 824(a)(3).’’ Id. 2. The Order of Summary Suspension Government), issued an Order to Show at 2. concluded that ‘‘[b]ecause [Registrant] Cause (hereinafter, OSC) to Eric R. Based on the DI’s Declaration, the has continued to prescribe controlled Shibley, M.D. (hereinafter, Registrant) of Government’s written representations, substances in direct violation of the Seattle, Washington. OSC, at 1. The OSC and my review of the record, I find that Commission’s Order, he remains an proposed the revocation of Registrant’s the Government accomplished service imminent threat to public safety.’’ Id. Certificate of Registration No. of the OSC on Registrant by November The Order of Summary Suspension FN1977290. It alleged that Registrant is 2, 2020. I also find that more than thirty ordered the summary suspension of without ‘‘authority to handle controlled days have now passed since the Registrant’s license to practice as a substances in the State of Washington, Government accomplished service of physician and surgeon ‘‘pending further the state in which [Registrant is] the OSC. Further, based on the disciplinary proceedings by the registered with the DEA.’’ Id. at 2 (citing Government’s written representations, I Commission.’’ Id. at 3. 21 U.S.C. 824(a)(3)). find that neither Registrant, nor anyone According to Washington’s online Specifically, the OSC alleged that the purporting to represent the Registrant, records, of which I take official notice, Washington Medical Commission requested a hearing, submitted a written Registrant’s license is still summarily issued an Ex Parte Order of Summary statement while waiving Registrant’s suspended.2 Washington State Suspension on August 17, 2020. Id. at right to a hearing, or submitted a Department of Health Provider 1. This Order, according to the OSC, corrective action plan. Accordingly, I Credential Search, https:// summarily suspended Registrant’s state find that Registrant has waived the right fortress.wa.gov/doh/ Physician and Surgeon License because to a hearing and the right to submit a providercredentialsearch/ (last visited of Registrant’s ‘‘improper prescribing of written statement and corrective action date of signature of this Order). controlled substances.’’ Id. at 1–2. The plan. 21 CFR 1301.43(d) and 21 U.S.C. Washington’s online records show that OSC concluded that because 824(c)(2)(C). I, therefore, issue this Registrant’s medical license remains Registrant’s medical license was Decision and Order based on the record revoked. Id. suspended, Registrant lacks the submitted by the Government, which Accordingly, I find that Registrant authority to handle controlled constitutes the entire record before me. currently is neither licensed to engage substances in the State of Washington. 21 CFR 1301.43(e). in the practice of medicine nor Id. at 2. Findings of Fact registered to dispense controlled The OSC notified Registrant of the substances in Washington, the state in right to request a hearing on the Registrant’s DEA Registration which Registrant is registered with the allegations or to submit a written Registrant is the holder of DEA DEA. statement, while waiving the right to a Certificate of Registration No. hearing, the procedures for electing each Discussion FN1977290 at the registered address of option, and the consequences for failing 4700 36th Avenue SW, Seattle, Pursuant to 21 U.S.C. 824(a)(3), the to elect either option. Id. at 2 (citing 21 Washington 98126. RFAAX 1, at 1. Attorney General is authorized to CFR 1301.43). The OSC also notified suspend or revoke a registration issued Registrant of the opportunity to submit Pursuant to this registration, Registrant a corrective action plan. OSC, at 2–3 is authorized to dispense controlled substances in schedules II through V as 2 Under the Administrative Procedure Act, an (citing 21 U.S.C. 824(c)(2)(C)). agency ‘‘may take official notice of facts at any stage a practitioner. Id. in a proceeding—even in the final decision.’’ Adequacy of Service The Status of Registrant’s State License United States Department of Justice, Attorney A DEA Diversion Investigator General’s Manual on the Administrative Procedure (hereinafter, DI) served the OSC on On August 17, 2020, the State of Act 80 (1947) (Wm. W. Gaunt & Sons, Inc., Reprint Washington Department of Health 1979). Pursuant to 5 U.S.C. 556(e), ‘‘[w]hen an Registrant’s legal counsel on October 19, agency decision rests on official notice of a material 2020. Request for Final Agency Action, Washington Medical Commission fact not appearing in the evidence in the record, a dated December 31, 2020 (hereinafter, (hereinafter, Commission) issued an Ex party is entitled, on timely request, to an RFAA), Exhibit (hereinafter, RFAAX) 9 Parte Order of Summary Suspension opportunity to show the contrary.’’ Accordingly, (hereinafter, Order of Summary Registrant may dispute my finding by filing a (DI’s Declaration). By email dated properly supported motion for reconsideration of November 2, 2020, Registrant’s counsel Suspension) suspending Registrant’s finding of fact within fifteen calendar days of the informed the DI that ‘‘he forwarded a date of this Order. Any such motion and response 1 The Government also represents that the shall be filed and served by email to the other party copy of the [OSC] to [Registrant]’’ and Registrant has not ‘‘otherwise filed a response with and to Office of the Administrator, Drug that Registrant ‘‘did not plan to contest the agency following the issuance of the OTSC.’’ Enforcement Administration at the matters raised in the [OSC].’’ Id. at RFAA, at 2. [email protected]. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16784 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices under section 823 of the Controlled an order for controlled substances Respondent’s Certificate of Registration Substances Act (hereinafter, CSA) issued by a practitioner duly authorized No. FB0526307. It alleged that ‘‘upon a finding that the registrant . . . by law or rule in the state of Washington Respondent is without ‘‘authority to has had his State license or registration to prescribe controlled substances handle controlled substances in the suspended . . . [or] revoked . . . by within the scope of his or her State of Virginia, the state in which competent State authority and is no professional practice for a legitimate [Respondent is] registered with the longer authorized by State law to engage medical purpose.’’ Wash. Rev. Code DEA.’’ Id. at 2. (citing 21 U.S.C. in the . . . dispensing of controlled § 69.50.101(nn) (West, Westlaw current 824(a)(3)). substances.’’ With respect to a with effective legislation through Specifically, the OSC alleged that the practitioner, the DEA has also long held Chapter 5 of the 2021 Regular Session Virginia Department of Health that the possession of authority to of the Washington Legislature). Further, Professions (hereinafter, VDHP) issued dispense controlled substances under ‘‘practitioner,’’ as defined by an Order of Mandatory Suspension on the laws of the state in which a Washington statute, includes, ‘‘[a] May 12, 2020. OSC, at 2. This Order, practitioner engages in professional physician under chapter 18.71 RCW.’’ according to the OSC, immediately practice is a fundamental condition for Id. at 69.50.101(mm)(1). suspended Respondent’s Virginia state obtaining and maintaining a Here, the undisputed evidence in the medical license. Id. ‘‘The VDHP ruling practitioner’s registration. See, e.g., record is that Registrant currently lacks was issued following its finding, inter James L. Hooper, M.D., 76 FR 71,371 authority to practice medicine in alia, of a prior ruling by the Maryland (2011), pet. for rev. denied, 481 F. App’x Washington. As already discussed, a State Board of Physicians suspending 826 (4th Cir. 2012); Frederick Marsh physician must be a licensed [Respondent’s] medical license in that Blanton, M.D., 43 FR 27,616, 27,617 practitioner to dispense or prescribe a state.’’ Id. (1978). controlled substance in Washington. The OSC notified Respondent of the This rule derives from the text of two Thus, because Registrant lacks authority right to request a hearing on the provisions of the CSA. First, Congress to practice medicine in Washington and, allegations or to submit a written defined the term ‘‘practitioner’’ to mean therefore, is not authorized to handle statement, while waiving the right to a ‘‘a physician . . . or other person controlled substances in Washington, hearing, the procedures for electing each licensed, registered, or otherwise Registrant is not eligible to maintain a option, and the consequences for failing permitted, by . . . the jurisdiction in DEA registration. Accordingly, I will to elect either option. Id. (citing 21 CFR which he practices ..., to distribute, order that Registrant’s DEA registration 1301.43). The OSC also notified dispense, . . . [or] administer . . . a be revoked. Respondent of the opportunity to controlled substance in the course of submit a corrective action plan. OSC, at professional practice.’’ 21 U.S.C. Order 3. (citing 21 U.S.C. 824(c)(2)(C)). 802(21). Second, in setting the Pursuant to 28 CFR 0.100(b) and the By letter dated November 19, 2020, 1 requirements for obtaining a authority vested in me by 21 U.S.C. Respondent timely requested a hearing. practitioner’s registration, Congress 824(a), I hereby revoke DEA Certificate Hearing Request, at 1. According to the directed that ‘‘[t]he Attorney General of Registration No. FN1977290 issued to Hearing Request, Respondent’s Virginia shall register practitioners . . . if the Eric R. Shibley. Further, pursuant to 28 medical license was suspended because applicant is authorized to dispense . . . CFR 0.100(b) and the authority vested in the board of medicine in the state of controlled substances under the laws of me by 21 U.S.C. 823(f), I hereby deny Maryland believed that Dr. Badii the State in which he practices.’’ 21 any pending application of Eric R. practiced medicine while being U.S.C. 823(f). Because Congress has Shibley to renew or modify this impaired psychologically and the state clearly mandated that a practitioner registration, as well as any other of Virginia, ‘‘simply rubber stamped the possess state authority in order to be application of Eric R. Shibley, for findings of the state of Maryland.’’ Id. deemed a practitioner under the CSA, additional registration in Washington. Respondent’s Hearing Request also the DEA has held repeatedly that This Order is effective April 30, 2021. claimed that ‘‘other states do not revocation of a practitioner’s registration consider him currently impaired in any is the appropriate sanction whenever he D. Christopher Evans, capacity,’’ and that Respondent wanted is no longer authorized to dispense Acting Administrator. the opportunity to ‘‘prove that he is controlled substances under the laws of [FR Doc. 2021–06582 Filed 3–30–21; 8:45 am] mentally healthy and no current threat the state in which he practices. See, e.g., BILLING CODE 4410–09–P to his patients.’’ Hearing Request, at 1 James L. Hooper, 76 FR at 71,371–72; and 2. Sheran Arden Yeates, M.D., 71 FR The Office of Administrative Law 39,130, 39,131 (2006); Dominick A. DEPARTMENT OF JUSTICE Judges put the matter on the docket and Ricci, M.D., 58 FR 51,104, 51,105 (1993); assigned it to Chief Administrative Law Bobby Watts, M.D., 53 FR 11,919, 11,920 Drug Enforcement Administration Judge John J. Mulrooney II (hereinafter, (1988); Frederick Marsh Blanton, 43 FR [Docket No. 21–4] the Chief ALJ). The Chief ALJ issued an at 27,617. Order and Briefing Schedule dated According to Washington statute, ‘‘A Roozbeh Badii, M.D.; Decision and November 23, 2020. The Government practitioner may dispense or deliver a Order timely complied with the Briefing controlled substance to or for an Schedule by filing a Motion for individual or animal only for medical On October 15, 2020, the Assistant Summary Disposition (hereinafter, treatment or authorized research in the Administrator, Diversion Control MSD) on December 2, 2020. Order ordinary course of that practitioner’s Division, Drug Enforcement profession.’’ Wash. Rev. Code Administration (hereinafter, DEA or 1 The Hearing Request was filed on November 20, § 69.50.308(j) (West, Westlaw current Government), issued an Order to Show 2020. Order and Briefing Schedule, dated with effective legislation through Cause (hereinafter, OSC) to Roozbeh November 23, 2020, at 1. I find that the Government’s service of the OSC on October 26, Chapter 5 of the 2021 Regular Session Badii, M.D. (hereinafter, Respondent) of 2020, was adequate and that the Hearing Request of the Washington Legislature). McLean, Virginia. OSC, at 1. The OSC was timely filed on November 20, 2020. See also Additionally, a ‘‘ ‘prescription’ means proposed the revocation of Recommended Decision, at n.1. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16785 Granting Summary Disposition and The Status of Respondent’s State This rule derives from the text of two Recommended Rulings, Findings of License provisions of the CSA. First, Congress Fact, Conclusions of Law, and Decision On May 12, 2020, the VDHP issued an defined the term ‘‘practitioner’’ to mean dated December 15, 2020 (hereinafter, Order of Mandatory Suspension. Id. The ‘‘a physician . . . or other person Recommended Decision or RD), at 2. In VDHP ruling was issued following its licensed, registered, or otherwise its motion, the Government stated that finding of a prior ruling by the permitted, by . . . the jurisdiction in Respondent lacks authority to handle Maryland State Board of Physicians which he practices ..., to distribute, controlled substances in Virginia, the suspending Respondent’s medical dispense, . . . [or] administer . . . a state in which he is registered with the license in that state. MSD Exhibit 3 controlled substance in the course of DEA and argued that, therefore, DEA (VDHP Order of Mandatory professional practice.’’ 21 U.S.C. must revoke his registration. MSD, at 1– Suspension). 802(21). Second, in setting the 2. The Respondent filed his response, According to Virginia’s online requirements for obtaining a ‘‘Respondent’s Reply Brief’’ (hereinafter, records, of which I take official notice, practitioner’s registration, Congress Respondent’s Reply), on December 14, Respondent’s license is still directed that ‘‘[t]he Attorney General 2020, in which he stated that ‘‘[i]n the suspended.2 Virginia Department of shall register practitioners . . . if the states where he has no medical license, Health Professions License Lookup, applicant is authorized to dispense . . . he is not allowed to prescribe https://dhp.virginiainteractive.org/ controlled substances under the laws of medications to patients in those states. Lookup (last visited date of signature of the State in which he practices.’’ 21 This would include Maryland and this Order). Virginia’s online records U.S.C. 823(f). Because Congress has clearly mandated that a practitioner Virginia.’’ Reply Brief, at 3. Therefore, show that Respondent’s medical license possess state authority in order to be he argued that DEA permit him to remains suspended. Id. deemed a practitioner under the CSA, ‘‘transfer the DEA application process to Accordingly, I find that Respondent the DEA has held repeatedly that California,’’ where he has an active currently is neither licensed to engage revocation of a practitioner’s registration medical license. Id. in the practice of medicine in Virginia, the state in which Respondent is is the appropriate sanction whenever he The Chief ALJ granted the registered with the DEA. is no longer authorized to dispense Government MSD finding that ‘‘the controlled substances under the laws of Government has shown that the Discussion the state in which he practices. See, e.g., Respondent does not currently have Pursuant to 21 U.S.C. 824(a)(3), the James L. Hooper, 76 FR at 71,371–72; authority to practice medicine in Attorney General is authorized to Sheran Arden Yeates, M.D., 71 FR Virginia,’’ and that because ‘‘the suspend or revoke a registration issued 39,130, 39,131 (2006); Dominick A. Respondent does not have authority as under section 823 of the CSA ‘‘upon a Ricci, M.D., 58 FR 51,104, 51,105 (1993); a practitioner in Virginia, there is no finding that the registrant . . . has had Bobby Watts, M.D., 53 FR 11,919, 11,920 other fact of consequence for this his State license or registration (1988); Frederick Marsh Blanton, 43 FR tribunal to decide in order to determine suspended . . . [or] revoked . . . by at 27,617. whether or not he is entitled to hold a competent State authority and is no Respondent argued that because he [Certificate of Registration].’’ RD, at 5. longer authorized by State law to engage holds an active medical license in The Chief ALJ recommended that in the . . . dispensing of controlled California, he should be able to transfer Respondent’s DEA Certificate of substances.’’ With respect to a his DEA registration in Virginia to that Registration be revoked based on his practitioner, the DEA has also long held state and avoid revocation. I agree with lack of state authority. RD, at 6. By letter that the possession of authority to the Chief ALJ that ‘‘as has been long dated January 12, 2021, the Chief ALJ dispense controlled substances under established by Agency precedent, state certified and transmitted the record to the laws of the state in which a licensure in a state other than a me for final Agency action. In that letter, practitioner engages in professional respondent’s COR registration state is the Chief ALJ advised that neither party practice is a fundamental condition for irrelevant to a DEA enforcement filed exceptions. obtaining and maintaining a proceeding.’’ RD, at 4 (citing Craig K. Alhanati, D.D.S., 62 FR 32,658, 32,658 I issue this Decision and Order based practitioner’s registration. See, e.g., James L. Hooper, M.D., 76 FR 71,371 (1997)). on the entire record before me. 21 CFR Respondent is no longer currently (2011), pet. for rev. denied, 481 F. App’x 1301.43(e). I make the following authorized to dispense controlled 826 (4th Cir. 2012); Frederick Marsh findings of fact. substances in the Commonwealth of Blanton, M.D., 43 FR 27,616, 27,617 Virginia, the state in which he is Findings of Fact (1978). registered. Specifically, the Virginia Respondent’s DEA Registration Board of Medicine’s decision to 2 Under the Administrative Procedure Act, an agency ‘‘may take official notice of facts at any stage suspend Respondent’s medical license Respondent is registered with DEA in a proceeding—even in the final decision.’’ also means that Respondent is currently under DEA Certification of Registration United States Department of Justice, Attorney without authority to dispense controlled number FB0526307 at the registered General’s Manual on the Administrative Procedure substances under the laws of Virginia. address of 6193 Adeline Court, McLean, Act 80 (1947) (Wm. W. Gaunt & Sons, Inc., Reprint 1979). Pursuant to 5 U.S.C. 556(e), ‘‘[w]hen an See, e.g., Va. Code Ann. §§ 54.1–2409.1 Virginia 22101. MSD, at Exhibit 1. agency decision rests on official notice of a material (2021) (felony to prescribe controlled Pursuant to this registration, fact not appearing in the evidence in the record, a substances without a current valid Respondent is authorized to dispense party is entitled, on timely request, to an license); 54.1–2900 (2021); 54.1–3401 controlled substances in schedules II opportunity to show the contrary.’’ Accordingly, Respondent may dispute my finding by filing a (2021). through V as a practitioner. Id. properly supported motion for reconsideration of Here, the undisputed evidence in the Respondent’s registration ‘‘is in an findings of fact within fifteen calendar days of the record is that Respondent currently active pending status until the date of this Order. Any such motion and response lacks authority to practice medicine in resolution of administrative shall be filed and served by email to the other party and to Office of the Administrator, Drug Virginia. As already discussed, a proceedings.’’ MSD, Exhibit 2 Enforcement Administration at physician must be a licensed (Certification of Registration History). [email protected]. practitioner to dispense a controlled VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16786 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices substance in Virginia. Thus, because SUPPLEMENTARY INFORMATION: Written 5. An estimate of the total number of Respondent lacks authority to practice comments and suggestions from the respondents and the amount of time medicine in Virginia and, therefore, is public and affected agencies concerning estimated for an average respondent to not authorized to handle controlled the proposed collection of information respond: It is estimated that 100 substances in Virginia, Respondent is are encouraged. Your comments should respondents will complete the not eligible to maintain a DEA address one or more of the following certification in approximately 45 registration. Accordingly, I will order four points: minutes. that Respondent’s DEA registration be —Evaluate whether the proposed 6. An estimate of the total public revoked. collection of information is necessary burden (in hours) associated with the collection: The estimated total public Order for the proper performance of the functions of the Office for Victims of burden associated with this collection is Pursuant to 28 CFR 0.100(b) and the Crime, including whether the 75 hours. authority vested in me by 21 U.S.C. information will have practical utility; If additional information is required 824(a), I hereby revoke DEA Certificate —Evaluate the accuracy of the agency’s contact: Melody Braswell, Department of Registration No. FB0526307 issued to estimate of the burden of the Clearance Officer, United States Roozbeh Badii. Further, pursuant to 28 proposed collection of information, Department of Justice, Justice CFR 0.100(b) and the authority vested in including the validity of the Management Division, Policy and me by 21 U.S.C. 823(f), I hereby deny methodology and assumptions used; Planning Staff, Two Constitution any pending application of Roozbeh —Evaluate whether and if so how the Square, 145 N Street NE, 3E.405A, Badii to renew or modify this quality, utility, and clarity of the Washington, DC 20530. registration, as well as any other information to be collected can be Dated: March 26, 2021. application of Roozbeh Badii, for enhanced; and Melody Braswell, additional registration in Virginia. This —Minimize the burden of the collection Order is effective April 30, 2021. Department Clearance Officer for PRA, U.S. of information on those who are to Department of Justice. D. Christopher Evans, respond, including through the use of [FR Doc. 2021–06585 Filed 3–30–21; 8:45 am] Acting Administrator. appropriate automated, electronic, BILLING CODE 4410–18–P [FR Doc. 2021–06584 Filed 3–30–21; 8:45 am] mechanical, or other technological BILLING CODE 4410–09–P collection techniques or other forms of information technology, e.g., DEPARTMENT OF LABOR permitting electronic submission of DEPARTMENT OF JUSTICE responses. Employee Benefits Security [OMB Number 1121–0309] Overview of This Information Administration Collection Agency Information Collection Agency Information Collection 1. Type of Information Collection: Activities; Proposed eCollection Activities; Announcement of OMB Extension of a currently approved eComments Requested; Extension of a Approvals collection Currently Approved Collection: 2. The Title of the Form/Collection: AGENCY: Employee Benefits Security International Terrorism Victim Expense International Terrorism Victim Expense Administration, Department of Labor. Reimbursement Program Application Reimbursement Program (ITVERP) ACTION: Notice. AGENCY: Office for Victims of Crime, Application Department of Justice. 3. The agency form number, if any, SUMMARY: The Employee Benefits Security Administration (EBSA) ACTION: 30 Day notice. and the applicable component of the Department sponsoring the collection: announces that the Office of SUMMARY: The Department of Justice There is no agency form number for this Management and Budget (OMB) has (DOJ), Office of Justice Programs, Office collection. The applicable component approved certain collections of for Victims of Crime, will be submitting within the Department of Justice is the information, listed in the the following information collection Department of Justice is the Office for Supplementary Information section request to the Office of Management and Victims of Crime, in the Office of Justice below, following EBSA’s submission of Budget (OMB) for review and approval Programs. requests for such approvals under the in accordance with the Paperwork 4. Affected public who will be asked Paperwork Reduction Act of 1995 Reduction Act of 1995. The proposed or required to respond, as well as a brief (PRA). This notice describes the information collection is published to abstract: Primary: Individuals victims, approved or re-approved information obtain comments from the public and surviving family members or personal collections and provides their OMB affected agencies. representatives. Other: Federal control numbers and current expiration DATES: The Department of Justice Government. This application will be dates as required by the PRA. encourages public comment and will used to apply for the expense FOR FURTHER INFORMATION CONTACT: G. accept input until April 30, 2021. reimbursement by U.S. nationals and Christopher Cosby, Office of Regulations ADDRESSES: Written comments and U.S. Government employees who are and Interpretations, Employee Benefits recommendations for the proposed victims of acts of international terrorism Security Administration, U.S. information collection should be sent that occur(red) outside of the United Department of Labor, 200 Constitution within 30 days of publication of this States. The application will be used to Avenue NW, Room N–5718, notice to www.reginfo.gov/public/do/ collect necessary information on the Washington, DC 20210. Telephone: PRAMain. Find this particular expenses incurred by the applicant, as (202) 693–8425 (this is not a toll-free information collection by selecting associated with his or her victimization, number); Email: [email protected]. ‘‘Currently under 30-day Review—Open as well as other pertinent information, SUPPLEMENTARY INFORMATION: The PRA for Public Comments’’ or by using the and will be used by OVC to make an and its implementing regulations search function. award determination. require Federal agencies to display OMB VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16787 control numbers and inform Insurance or Annuity Contracts by a The PRA provides that an agency may respondents of their legal significance Plan. The expiration date for this not conduct or sponsor, and a person is after OMB has approved an agency’s information collection is June 30, 2023. not required to respond to, a collection information collections. In accordance • OMB Control No. 1210–0149, of information unless it displays a with those requirements, EBSA hereby Notice to Employees of Coverage currently valid OMB control number. notifies the public that the following Options Under Fair Labor Standards Act Publication of this notice satisfies this information collections have been re- Section 18B. The expiration date for this requirement with respect to the above- approved by OMB following EBSA’s information collection is June 30, 2023. listed information collections, as submission of an information collection • OMB Control No. 1210–0161, EBSA provided in 5 CFR 1320.5(b)(2)(C). request (ICR) for extension of a prior Participant Assistance Program Dated: March 25, 2021. Customer Survey. The expiration date approval: Ali Khawar, • OMB Control No. 1210–0064, Class for this information collection is June Principal Deputy Assistant Secretary, Exemption for Certain Transactions 30, 2023; • Employee Benefits Security Administration. Involving Purchase of Securities where OMB Control No. 1210–0040, Department of Labor. Employee Retirement Income Security Issuer May Use Proceeds to Reduce or [FR Doc. 2021–06598 Filed 3–30–21; 8:45 am] Act Summary Annual Report Retire Indebtedness to Parties in Interest BILLING CODE 4510–29–P (PTE 1980–83). The expiration date for Requirement. The expiration date for this information collection is January this information collection is July 31, 31, 2023. 2023. DEPARTMENT OF LABOR • OMB Control No. 1210–0119, • OMB Control No. 1210–0076, Loans Petition for Finding under the Employee to Plan Participants and Beneficiaries Employee Benefits Security Retirement Income Security Act Section Who Are Parties In Interest With Administration 3(40). The expiration date for this Respect to The Plan Regulation. The information collection is January 31, expiration date for this information Proposed Extension of Information 2023. collection is July 31, 2023. Collection Requests Submitted for • OMB Control No. 1210–0123, • OMB Control No. 1210–0094, Public Comment Notice Requirements of the Health Care Prohibited Transaction Class Exemption AGENCY: Employee Benefits Security 1985–68 to Permit Employee Benefit Continuation Coverage Provisions. The Administration, Department of Labor. expiration date for this information Plans to Invest in Customer Notes of ACTION: Notice. collection is January 31, 2023. Employers. The expiration date for this • OMB Control No. 1210–0130, information collection is July 31, 2023. SUMMARY: • The Department of Labor (the Statutory Exemption for Cross-Trading OMB Control No. 1210–0039, Department), in accordance with the of Securities. The expiration date for Summary Plan Description Paperwork Reduction Act, provides the this information collection is January Requirements Under the Employee general public and Federal agencies 31, 2023. Retirement Income Security Act of 1974, with an opportunity to comment on • OMB Control No. 1210–0137, as amended. The expiration date for this proposed and continuing collections of Model Employer Children’s Health information collection is August 31, information. This helps the Department Insurance Program Notice. The 2023. • assess the impact of its information expiration date for this information OMB Control No. 1210–0090, collection requirements and minimize collection January 31, 2023. Disclosures for Participant Directed • the public’s reporting burden. It also OMB Control No. 1210–0145, Plan Individual Account Plans. The helps the public understand the Asset Transactions Determined by In- expiration date for this information Department’s information collection House Asset Managers under Prohibited collection is August 31, 2023. • requirements and provide the requested Transaction Class Exemption 96–23. OMB Control No. 1210–0121, data in the desired format. The The expiration date for this information Consent to Receive Employee Benefit Employee Benefits Security collection is January 31, 2023. Plan Disclosures Electronically. The • Administration (EBSA) is soliciting OMB Control No. 1210–0049, expiration date for this information comments on the proposed extension of Prohibited Transaction Class Exemption collection is August 31, 2023. the information collection requests • OMB Control No. 1210–0126, for Certain Transactions Between (ICRs) contained in the documents Defined Benefit Plan Annual Funding Investment Companies and Employee described below. A copy of the ICRs Notice. The expiration date for this Benefit Plans (PTE 1977–4). The may be obtained by contacting the office information collection is August 31, expiration date for this information listed in the ADDRESSES section of this 2023. collection is February 28, 2023. notice. ICRs also are available at • OMB Control No. 1210–0128, Plan • OMB Control No. 1210–0132, reginfo.gov (http://www.reginfo.gov/ Asset Transactions Determined by Default Investment Alternatives under public/do/PRAMain). Independent Qualified Professional Participant Directed Individual Account Asset Managers under Prohibited Plans. The expiration date for this DATES: Written comments must be Transaction Exemption 1984–14. The information collection is August 31, submitted to the office shown in the expiration date for this information 2023. Addresses section on or before June 1, collection is February 28, 2023. EBSA also notifies the public that the 2021. • OMB Control No. 1210–0053, following new information collection ADDRESSES: G. Christopher Cosby, Employee Benefit Plan Claims has been approved by OMB following Department of Labor, Employee Benefits Procedure Under the Employee EBSA’s submission of an ICR: Security Administration, 200 Retirement Income Security Act. The • OMB Control No. 1210–0164, Constitution Avenue NW, Room expiration date for this information Registration Requirements to Serve as a N– 5718, Washington, DC 20210, collection is April 30, 2023. Pooled Plan Provider to Pooled [email protected], (202) 693–8425 (this • OMB Control No. 1210–0063, Employer Plans. The expiration date for is not toll-free numbers). Prohibited Transaction Class Exemption this information collection is November SUPPLEMENTARY INFORMATION: This 1992–6: Sale of Individual Life 30, 2023. notice requests public comment on the VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16788 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices Department’s request for extension of contract or arrangement with service OMB Control No. 1210–0066. The the Office of Management and Budget’s providers upon a mistaken belief that current approval is scheduled to expire (OMB) approval of ICRs contained in they have received all of the disclosures on November 30, 2021. the rules and prohibited transaction required by the final rule. Upon Agency: Employee Benefits Security exemptions described below. The discovering that a covered service Administration, Department of Labor. Department is not proposing any provider failed to disclose all of the Title: Employee Retirement Income changes to the existing ICRs at this time. required information, the responsible Security Act of 1974 Technical Release An agency may not conduct or sponsor, plan fiduciary must take reasonable 1991–1. and a person is not required to respond steps to obtain such information, Type of Review: Extension of a to, an information collection unless it including requesting in writing that the currently approved collection of displays a valid OMB control number. A covered service provider furnish the information. summary of the ICRs and the current information in order to rely on the OMB Number: 1210–0084. burden estimates follows: exemption and notify the Department if Affected Public: Private Sector. Agency: Employee Benefits Security the service provider fails to comply with Respondents: 4. Administration, Department of Labor. the written request within 90 days. The Responses: 26,966. Title: Employee Retirement Income Department has received approval from Estimated Total Burden Hours: 422. Security Act Section 408(b)(2) OMB for this ICR under OMB Control Estimated Total Burden Cost Regulation. No. 1210–0133. The current approval is (Operating and Maintenance): 6,917. Type of Review: Extension of a scheduled to expire on August 31, 2021. Description: Section 101(e) of ERISA currently approved collection of Agency: Employee Benefits Security establishes notice requirements that information. Administration, Department of Labor. must be satisfied before an employer OMB Number: 1210–0133. Title: Employee Retirement Income may transfer excess assets from a Affected Public: Private Sector. Security Act Procedure 1976–1; defined benefit pension plan to a retiree Respondents: 55,703. Advisory Opinion Procedure. health benefit account, as permitted Responses: 1,483,062. Type of Review: Extension of a under the conditions set forth in section Estimated Total Burden Hours: currently approved collection of 420 of the Internal Revenue Code of 1,045,680. information. 1986, as amended (the Code). On May Estimated Total Burden Cost OMB Number: 1210–0066. 8, 1991, the Department published (Operating and Maintenance): Affected Public: Private Sector. ERISA Technical Release 91–1, to 1,251,649. Respondents: 17. provide guidance on how to satisfy the Description: The prohibited Responses: 17. notice requirements prescribed by this transaction described in section Estimated Total Burden Hours: 175. section. This information collection 406(a)(1)(C) of ERISA generally Estimated Total Burden Cost involves third-party disclosures and prohibits the furnishing of goods, (Operating and Maintenance): 459,091. reporting to the federal government. services, or facilities between a plan and Description: This information First, information must be disclosed to a party in interest to the plan. Because collection relates to ERISA Procedure plan participants and beneficiaries by ERISA defines any person furnishing 76–1, which provides specific guidance plan administrators. This requirement is services to the plan as a ‘‘party in to the public on issues arising under designed to protect the rights of interest’’ to the plan, a service ERISA, particularly when needed to participants and beneficiaries in their relationship between a plan and a guide specific transactions involving retirement benefits by providing them service provider would constitute a employee benefit plans and plan assets. with advance notice of any anticipated prohibited transaction under section The information required by ERISA transfer of defined benefit plan assets 406(a)(1)(C) in the absence of relief. Procedure 76–1 is used by EBSA to (under section 420 of the Code). Second, Section 408(b)(2) of ERISA provides understand and analyze the issues and advance notification must also be relief, however, for service contracts or develop the response, as well as to provided by employers to plan arrangements if the contract or determine whether EBSA’s response administrators, employee organizations arrangement is ‘‘reasonable,’’ if the should be in the form of an advisory that represent participants, and the services are necessary for the opinion or information letter. Section 6 Department. Plan administrators and establishment or operation of the plan, of ERISA Procedure 76–1 lists the employee organizations have an interest and if no more than ‘‘reasonable’’ information that must be supplied by in protecting the interests of plan compensation is paid for the services. the party requesting an advisory participants and beneficiaries with their This information collection relates to opinion. This information includes retirement benefits. The Department the final rule under ERISA section identifying information (name, type of also has the duty to enforce the 408(b)(2), which was published in the plan, EIN Number, etc.), a detailed protections provided to participants and Federal Register on February 3, 2012 description of the act(s) or transaction(s) beneficiaries under ERISA. The (77 FR 5632). Under the final rule, for with respect to which an advisory Department has received approval from a contract or arrangement to be opinion is being requested, a discussion OMB for this ICR under OMB Control ‘‘reasonable,’’ certain service providers of the issues presented by the act(s) or No. 1210–0084. The current approval is must disclose specified information to a transaction(s), a statement of the party’s scheduled to expire on November 30, pension plan, in writing, before the plan views concerning the issues to be 2021. may enter into, extend, or renew the resolved and the legal basis for such Agency: Employee Benefits Security contract or arrangement. The views. The requesting party must also Administration, Department of Labor. Department also issued a class include copies of the relevant Title: Annual Information Return/ prohibited transaction exemption documents and may also request a Report of Employee Benefit Plan. contained in paragraph (c)(1)(ix) of the conference with EBSA in the event that Type of Review: Extension of a final rule, which provides relief from EBSA is considering issuing an adverse currently approved collection of ERISA’s prohibited transaction rules for opinion. The Department has received information. plan fiduciaries that enter into a approval from OMB for this ICR under OMB Number: 1210–0110. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16789 Affected Public: Private Sector. Department promulgated a final rule on simplify and expedite the receipt and Respondents: 814,000. January 5, 2000 (65 FR 714) that is processing of the Form 5500 by relying Responses: 814,000. codified at 29 CFR 2550.401c–1. on internet-based forms and electronic Estimated Total Burden Hours: Regulation section 29 CFR filing technologies. In order to file 582,000. 2550.401(c)–1 imposes specific electronically, employee benefit plan Estimated Total Burden Cost requirements on insurers that are parties Filing authors, Schedule authors, Filing (Operating and Maintenance): to Transition Policies in order to ensure signers, Form 5500 transmitters, and 278,555,000. that the fiduciaries acting on behalf of entities developing software to complete Description: This information plans have adequate information and and/or transmit the Form 5500 are collection relates to section 104 of understanding of how the Transition required to register for EFAST–2 ERISA, which requires administrators of Policies work. This information credentials through the EFAST2 employee benefit pension and welfare collection requires that an insurer that website. The information requested for plans (collectively referred to as issues and maintains a Transition Policy registration includes: Applicant type employee benefit plans) to file returns to or for the benefit of an employee (Filing Author, Filing Signer, Schedule or reports annually with the federal benefit plan must disclose to the plan Author, Transmitter, or software government. The Form 5500 return/ fiduciary, initially upon issuance of the developer); mailing address; fax number reports are the principal source of policy and on an annual basis, to the (optional); email address; company information and data available to the extent that the policy is not a name, contact person; and daytime Department, the Internal Revenue guaranteed benefit policy: (1) The telephone number. Registrants must also Service, and the Pension Benefit methods by which income and expenses provide an answer to a challenge Guaranty Corporation (the Agencies) of the insurer’s general account are question (‘‘What is your date of birth?’’ concerning the operation of employee allocated to the policy, the actual or ‘‘Where is your place of birth?’’), benefit plans. For this reason, the Form annual return to the plan, and other which enables users to retrieve forgotten 5500 constitutes an integral part of the pertinent information; (2) the extent to credentials. In addition, registrants must Agencies’ enforcement, research, and which alternative arrangements accept a Privacy Agreement; PIN policy formulation programs. The supported by the assets of the insurer’s Agreement; and, under penalty of Department has received approval from separate accounts are available; (3) any perjury, a Signature Agreement. The OMB for this ICR under OMB Control rights under the policy to transfer funds Department has received approval from No. 1210–0110. The current approval is to a separate account and the terms OMB for this ICR under OMB Control scheduled to expire on November 30, governing such right; and (4) the extent No. 1210–0117. The current approval is 2021. to which support by assets of the scheduled to expire on November 30, Agency: Employee Benefits Security insurer’s separate accounts might pose 2021. Administration, Department of Labor. differing risks to the plan. The Agency: Employee Benefits Security Title: Disclosures by Insurers to Department has received approval from Administration, Department of Labor. General Account Policyholders. OMB for this ICR under OMB Control Title: Employee Retirement Income Type of Review: Extension of a No. 1210–0114. The current approval is Security Act Blackout Period Notice. currently approved collection of scheduled to expire on November 30, Type of Review: Extension of a information. 2021. currently approved collection of OMB Number: 1210–0114. Agency: Employee Benefits Security information. Affected Public: Private Sector. Administration, Department of Labor. OMB Number: 1210–0122. Respondents: 368. Title: Registration for EFAST–2 Affected Public: Private Sector. Responses: 27,009. Credentials. Respondents: 48,575. Estimated Total Burden Hours: Type of Review: Extension of a Responses: 9,439,000. 114,789. currently approved collection of Estimated Total Burden Hours: Estimated Total Burden Cost information. 218,553. (Operating and Maintenance): 10,128. OMB Number: 1210–0117. Estimated Total Burden Cost Description: Section 1460 of the Small Affected Public: Private Sector. (Operating and Maintenance): Business Job Protection Act of 1996 Respondents: 279,894. 2,403,893. (Pub. L. 104–188) (SBJPA) amended Responses: 279,894. Description: The Sarbanes-Oxley Act ERISA by adding section 401(c). This Estimated Total Burden Hours: (SOA), enacted on July 30, 2002, section requires the Department to 93,298. amended ERISA to include a blackout promulgate a regulation providing Estimated Total Burden Cost period disclosure requirement in guidance, applicable only to insurance (Operating and Maintenance): 0. subsection 101(i). This information policies issued on or before December Description: ERISA section 104 collection requires administrators of 31, 1998, to or for the benefit of requires administrators of pension and individual account pension plans (e.g., employee benefit plans, to clarify the welfare plans and employers sponsoring a profit sharing plan, 401(k) type plan extent to which assets held in an certain fringe benefit plans and other or money purchase pension plan) to insurer’s general account under such plans of deferred compensation to file provide at least 30 days advance written contracts are ‘‘plan assets’’ within the returns/reports annually with the notice to the affected participants and meaning of ERISA, because the policies Secretary of Labor concerning the beneficiaries in advance of any are not ‘‘guaranteed benefit policies’’ financial condition and operation of ‘‘blackout period’’ during which their within the meaning of section 401(b) of plans. Reporting requirements are existing rights to direct or diversify their ERISA. SBJPA further directed the satisfied by filing the Form 5500 in investments under the plan, or obtain a Department to set standards for how accordance with its instructions and the loan or distribution from the plan will insurers should manage the specified related regulations. be temporarily suspended. The insurance policies (called Transition This information collection relates to Department has received approval from Policies). Pursuant to the authority and the ERISA Filing Acceptance System 2 OMB for this ICR under OMB Control direction given under SBJPA, the (EFAST–2), which is designed to No. 1210–0122. The current approval is VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16790 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices scheduled to expire on November 30, coverage) of eligible organizations is Workforce Investment, Employment and 2021. required to provide a written notice to Training Administration, Room C–4510, Agency: Employee Benefits Security plan participants and beneficiaries (or 200 Constitution Avenue NW, Administration, Department of Labor. student enrollees and covered Washington, DC Telephone (202) 693– Title: Coverage of Certain Preventive dependents) informing them of the 3980 (this is not a toll-free number) or Services under the Affordable Care availability of such payments. The fax (202) 693–3981. notice must be separate from but, Act—Private Sector. SUPPLEMENTARY INFORMATION: In the contemporaneous with (to the extent Type of Review: Extension of a Fiscal Year (FY) 2020 Appropriations possible) any application materials currently approved collection of Act, Congress appropriated WIOA PY distributed in connection with information. 2020 funds in two portions: (1) Funds enrollment (or re-enrollment) in group OMB Number: 1210–0150. available for obligation July 1, 2020 (i.e., or student coverage of the eligible Affected Public: Private Sector. PY 2020 ‘‘base’’ funds), and (2) funds organization in any plan year to which Respondents: 223. available for obligation October 1, 2020 the accommodation is to apply and will Responses: 777,363. (i.e., FY 2021 ‘‘advance’’ funds). be provided annually. To satisfy the Estimated Total Burden Hours: 181. Together, these two portions make up notice requirement, issuers may, but are Estimated Total Burden Cost the complete PY 2020 WIOA funding. not required to, use the model language (Operating and Maintenance): 197,955. Training and Employment Guidance set forth previously or substantially Description: The Patient Protection Letter (TEGL) No. 16–19 announced similar language. and Affordable Care Act, Public Law WIOA allotments based on this (3) An eligible organization may also 111–148, (the Affordable Care Act) was appropriation and TEGL No. 16–18 revoke its use of the accommodation enacted on March 23, 2010 and alerted states to the recapture and process and must provide participants amended by the Health Care and reallotment of funds’ provisions based and beneficiaries written notice of such Education Reconciliation Act of 2010, on obligations of PY 2019 funding, as Public Law 111–152 on March 30, 2010. revocation as soon as possible. The Department has received required under WIOA Section 132(c). The Affordable Care Act added section This section and 127(c) of WIOA 2713 to the Public Health Service (PHS) approval from OMB for this ICR under OMB Control No. 1210–0150. The requires the Secretary to conduct Act and incorporated this provision into reallotment of excess unobligated WIOA ERISA and the Code. The Departments current approval is scheduled to expire on November 30, 2021. Adult, Youth, and Dislocated Worker of Health and Human Services, Labor, formula funds based on ETA 9130 and Treasury first published interim Dated: March 25, 2021. financial reports submitted by states at final rules on July 19, 2010, requiring Ali Khawar, the end of the prior program year (i.e., non-grandfathered group health Principal Deputy Assistant Secretary, PY 2019). insurance coverage to provide benefits Employee Benefits Security Administration, WIOA regulations at 20 CFR 683.135 for certain preventive services without Department of Labor. describe the procedures the Secretary cost sharing, including benefits for [FR Doc. 2021–06599 Filed 3–30–21; 8:45 am] uses for recapture and reallotment of certain women’s preventive health BILLING CODE 4510–29–P funds. ETA will not recapture any PY services as provided for in 2020 funds for the Adult and Youth comprehensive guidelines supported by programs because there is no state the Health Resources and Services DEPARTMENT OF LABOR where PY 2019 unobligated funds Administration. Additional interim final exceeds the statutory requirements of 20 rules were issued on November 15, Employment and Training percent of state allotted funds. However, 2018, that finalize expanded exemptions Administration for the Dislocated Worker program, to protect moral and religious beliefs for Notice on Reallotment of Workforce Kentucky, Nevada, Puerto Rico, and certain entities and individuals whose Innovation Opportunity Act (WIOA) West Virginia had unobligated PY 2019 health plans are subject to a mandate of Title I Formula Allotted Funds for funds in excess of 20 percent of their contraceptive coverage through Dislocated Worker Activities for allotments. Therefore, ETA will guidance issued pursuant to the Program Year (PY) 2020 recapture a total of $4,993,277 from PY Affordable Care Act (83 FR 57536 and 2020 funding from Kentucky, Nevada, 83 FR 57592). AGENCY: Employment and Training Puerto Rico, and West Virginia, and The regulations contain the following Administration (ETA), Labor. reallot those funds to the remaining collections of information: ACTION: Notice. eligible states, as required by WIOA (1) Each organization seeking to be Section 132(c). treated as an eligible organization to use SUMMARY: The Workforce Innovation the optional accommodation process Opportunity Act (WIOA), requires the ETA will issue a Notice of Award to offered under the regulation must either Secretary of Labor (Secretary) to the states to reflect the recapture and notify an issuer or third party conduct reallotment of certain WIOA reallotment of these funds. The administrator using the EBSA Form 700 formula allotted funds based on ETA adjustment of funds will be made to the method of self-certification or provide 9130 financial reports submitted by FY 2021 advance portion of the PY 2020 notice to HHS of its religious or moral states as of the end of the prior Program allotments, which ETA issued in objection to coverage of all or a subset Year (PY). This notice publishes the October 2020. The attached tables of contraceptive services. Dislocated Worker PY 2020 funds for display the net changes to PY 2020 (2) A health insurance issuer or third recapture by state and the amount to be formula allotments. party administrator providing or reallotted to eligible states. WIOA and its implementing arranging separate payments for DATES: This notice is effective March 31, regulations do not provide specific contraceptive services for participants 2021. requirements by which states must and beneficiaries in insured plans (or FOR FURTHER INFORMATION CONTACT: Ms. distribute realloted funds, so states have student enrollees and covered Kimberly Vitelli, Administrator, U.S. flexibility to determine the methodology dependents in student health insurance Department of Labor, Office of used. For any state subject to recapture VerDate Sep<11>2014 19:49 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16791 of funds, WIOA Section 132(c)(5) purposes, states must reflect the consistent with the method of requires the Governor to prescribe recapture/reallotment amount (decrease distribution of these amounts to state equitable procedures for reacquiring or increase) in the ‘‘Total Federal Funds and local areas used by the state. The funds from the state and local areas. Authorized’’ line of any affected FY state must include an explanation of the As mentioned, the recapture/ 2021 ETA 9130 financial reports (State adjustment in the remarks section of the reallotment adjustments will be made to Dislocated Worker Activities, Statewide adjusted reports. the FY 2021 advance portion of the PY Rapid Response, Local Dislocated 2020 allotment. Therefore, for reporting Worker Activities) in a manner I. Attachment A U.S. DEPARTMENT OF LABOR EMPLOYMENT AND TRAINING ADMINISTRATION WIOA DISLOCATED WORKER ACTIVITIES PY 2020 REALLOTMENT TO STATES Calculating reallotment amount * Impact on PY 2020 allotments Excess unobligated Reallotment amount Recapture/ PY 2019 funds to be Eligible states’ PY for eligible states Total original PY reallotment Revised total PY 2019 1 dislocated (based on eligible 2020 allotments recaptured from PY worker allotments states’ share of PY before reallotment adjustment to PY 2020 allotments 2020 funds 2019 allotments) 2020 allotments Alabama ...... $0 $18,361,881 $97,223 $17,387,399 $97,223 $17,484,622 Alaska ...... 0 6,412,959 33,955 8,421,655 33,955 8,455,610 Arizona ** ...... 0 30,330,562 160,594 39,830,842 160,594 39,991,436 Arkansas ...... 0 6,238,880 33,034 6,061,513 33,034 6,094,547 California ...... 0 148,077,038 784,039 142,073,567 784,039 142,857,606 Colorado ...... 0 10,076,913 53,355 9,986,612 53,355 10,039,967 Connecticut ...... 0 14,209,646 75,237 13,611,948 75,237 13,687,185 Delaware ...... 0 2,410,156 12,761 2,343,949 12,761 2,356,710 District of Columbia ...... 0 8,460,348 44,796 11,110,338 44,796 11,155,134 Florida ...... 0 52,296,583 276,900 50,853,493 276,900 51,130,393 Georgia ...... 0 38,622,811 204,500 36,871,224 204,500 37,075,724 Hawaii ...... 0 1,609,621 8,523 1,618,611 8,523 1,627,134 Idaho ...... 0 1,963,150 10,394 1,962,590 10,394 1,972,984 Illinois ...... 0 59,630,195 315,730 56,663,539 315,730 56,979,269 Indiana ...... 0 13,705,344 72,567 13,347,305 72,567 13,419,872 Iowa ...... 0 4,129,889 21,867 4,077,392 21,867 4,099,259 Kansas ...... 0 4,634,063 24,536 4,595,051 24,536 4,619,587 Kentucky ...... 2,697,332 0 0 16,051,059 (2,697,332) 13,353,727 Louisiana ...... 0 21,278,087 112,663 20,371,329 112,663 20,483,992 Maine ...... 0 2,607,188 13,805 2,562,857 13,805 2,576,662 Maryland ...... 0 15,311,178 81,070 15,019,525 81,070 15,100,595 Massachusetts ...... 0 15,818,320 83,755 15,428,753 83,755 15,512,508 Michigan ...... 0 28,980,249 153,445 28,103,101 153,445 28,256,546 Minnesota ...... 0 8,647,015 45,784 8,623,882 45,784 8,669,666 Mississippi ...... 0 12,860,111 68,092 16,877,853 68,092 16,945,945 Missouri ...... 0 13,772,288 72,922 13,271,254 72,922 13,344,176 Montana ...... 0 1,590,642 8,422 1,589,906 8,422 1,598,328 Nebraska ...... 0 2,412,598 12,774 2,430,569 12,774 2,443,343 Nevada ...... 466,433 0 0 13,341,178 (466,433) 12,874,745 New Hampshire ...... 0 1,781,465 9,433 1,776,875 9,433 1,786,308 New Jersey ...... 0 31,256,773 165,498 29,962,189 165,498 30,127,687 New Mexico ** ...... 0 17,835,113 94,433 18,082,636 94,433 18,177,069 New York ...... 0 50,974,953 269,902 50,005,712 269,902 50,275,614 North Carolina ...... 0 29,197,023 154,592 28,414,511 154,592 28,569,103 North Dakota ...... 0 827,923 4,384 827,550 4,384 831,934 Ohio ...... 0 38,733,523 205,086 37,181,539 205,086 37,386,625 Oklahoma ...... 0 7,602,403 40,253 7,437,134 40,253 7,477,387 Oregon ...... 0 11,287,889 59,767 11,019,838 59,767 11,079,605 Pennsylvania ...... 0 51,213,615 271,166 48,858,998 271,166 49,130,164 Puerto Rico ...... 449,019 0 0 76,202,126 (449,019) 75,753,107 Rhode Island ...... 0 3,976,659 21,056 3,806,076 21,056 3,827,132 South Carolina ...... 0 14,948,152 79,148 14,268,943 79,148 14,348,091 South Dakota ...... 0 1,181,022 6,253 1,190,973 6,253 1,197,226 Tennessee ...... 0 18,224,532 96,495 17,478,205 96,495 17,574,700 Texas ...... 0 61,217,636 324,135 59,820,885 324,135 60,145,020 Utah ** ...... 0 4,331,085 22,932 4,261,672 22,932 4,284,604 Vermont ...... 0 868,574 4,599 843,187 4,599 847,786 Virginia ...... 0 13,864,434 73,409 13,694,749 73,409 13,768,158 Washington ...... 0 26,722,692 141,491 26,957,248 141,491 27,098,739 West Virginia ...... 1,380,493 0 0 12,852,260 (1,380,493) 11,471,767 Wisconsin ...... 0 11,469,731 60,730 11,212,132 60,730 11,272,862 Wyoming ...... 0 1,090,070 5,772 1,069,268 5,772 1,075,040 State Total ...... 4,993,277 943,052,982 4,993,277 1,051,713,000 0 1,051,713,000 * Including prior year recapture/reallotment amounts. ** Includes funds allocated to the Navajo Nation. 1 PY 2019 allotment amounts are used to determine the reallotment amount eligible states receive of the recaptured amount. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16792 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices II. Attachment B U.S. DEPARTMENT OF LABOR EMPLOYMENT AND TRAINING ADMINISTRATION WIOA DISLOCATED WORKER ACTIVITIES PY 2020 REVISED ALLOTMENTS WITH REALLOTMENT—PY/FY SPLIT Total allotment Available 7/1/20 Available 10/1/20 Recapture/ Recapture/ Recapture/ Original reallotment Revised Original reallotment Revised Original reallotment Revised Alabama ...... $17,387,399 $97,223 $17,484,622 $3,175,108 ...... $3,175,108 $14,212,291 $97,223 $14,309,514 Alaska ...... 8,421,655 33,955 8,455,610 1,537,876 ...... 1,537,876 6,883,779 33,955 6,917,734 Arizona *...... 39,830,842 160,594 39,991,436 7,273,498 ...... 7,273,498 32,557,344 160,594 32,717,938 Arkansas ...... 6,061,513 33,034 6,094,547 1,106,891 ...... 1,106,891 4,954,622 33,034 4,987,656 California ...... 142,073,567 784,039 142,857,606 25,944,012 ...... 25,944,012 116,129,555 784,039 116,913,594 Colorado ...... 9,986,612 53,355 10,039,967 1,823,652 ...... 1,823,652 8,162,960 53,355 8,216,315 Connecticut ...... 13,611,948 75,237 13,687,185 2,485,674 ...... 2,485,674 11,126,274 75,237 11,201,511 Delaware ...... 2,343,949 12,761 2,356,710 428,028 ...... 428,028 1,915,921 12,761 1,928,682 District of Colum- bia ...... 11,110,338 44,796 11,155,134 2,028,856 ...... 2,028,856 9,081,482 44,796 9,126,278 Florida ...... 50,853,493 276,900 51,130,393 9,286,341 ...... 9,286,341 41,567,152 276,900 41,844,052 Georgia ...... 36,871,224 204,500 37,075,724 6,733,043 ...... 6,733,043 30,138,181 204,500 30,342,681 Hawaii ...... 1,618,611 8,523 1,627,134 295,574 ...... 295,574 1,323,037 8,523 1,331,560 Idaho ...... 1,962,590 10,394 1,972,984 358,388 ...... 358,388 1,604,202 10,394 1,614,596 Illinois ...... 56,663,539 315,730 56,979,269 10,347,312 ...... 10,347,312 46,316,227 315,730 46,631,957 Indiana ...... 13,347,305 72,567 13,419,872 2,437,347 ...... 2,437,347 10,909,958 72,567 10,982,525 Iowa ...... 4,077,392 21,867 4,099,259 744,571 ...... 744,571 3,332,821 21,867 3,354,688 Kansas ...... 4,595,051 24,536 4,619,587 839,101 ...... 839,101 3,755,950 24,536 3,780,486 Kentucky ...... 16,051,059 (2,697,332) 13,353,727 2,931,079 ...... 2,931,079 13,119,980 (2,697,332) 10,422,648 Louisiana ...... 20,371,329 112,663 20,483,992 3,720,002 ...... 3,720,002 16,651,327 112,663 16,763,990 Maine ...... 2,562,857 13,805 2,576,662 468,003 ...... 468,003 2,094,854 13,805 2,108,659 Maryland ...... 15,019,525 81,070 15,100,595 2,742,711 ...... 2,742,711 12,276,814 81,070 12,357,884 Massachusetts .. 15,428,753 83,755 15,512,508 2,817,440 ...... 2,817,440 12,611,313 83,755 12,695,068 Michigan ...... 28,103,101 153,445 28,256,546 5,131,899 ...... 5,131,899 22,971,202 153,445 23,124,647 Minnesota ...... 8,623,882 45,784 8,669,666 1,574,805 ...... 1,574,805 7,049,077 45,784 7,094,861 Mississippi ...... 16,877,853 68,092 16,945,945 3,082,060 ...... 3,082,060 13,795,793 68,092 13,863,885 Missouri ...... 13,271,254 72,922 13,344,176 2,423,460 ...... 2,423,460 10,847,794 72,922 10,920,716 Montana ...... 1,589,906 8,422 1,598,328 290,332 ...... 290,332 1,299,574 8,422 1,307,996 Nebraska ...... 2,430,569 12,774 2,443,343 443,845 ...... 443,845 1,986,724 12,774 1,999,498 Nevada ...... 13,341,178 (466,433) 12,874,745 2,436,229 ...... 2,436,229 10,904,949 (466,433) 10,438,516 New Hampshire 1,776,875 9,433 1,786,308 324,475 ...... 324,475 1,452,400 9,433 1,461,833 New Jersey...... 29,962,189 165,498 30,127,687 5,471,387 ...... 5,471,387 24,490,802 165,498 24,656,300 New Mexico * .... 18,082,636 94,433 18,177,069 3,302,065 ...... 3,302,065 14,780,571 94,433 14,875,004 New York...... 50,005,712 269,902 50,275,614 9,131,528 ...... 9,131,528 40,874,184 269,902 41,144,086 North Carolina... 28,414,511 154,592 28,569,103 5,188,766 ...... 5,188,766 23,225,745 154,592 23,380,337 North Dakota..... 827,550 4,384 831,934 151,119 ...... 151,119 676,431 4,384 680,815 Ohio ...... 37,181,539 205,086 37,386,625 6,789,710 ...... 6,789,710 30,391,829 205,086 30,596,915 Oklahoma ...... 7,437,134 40,253 7,477,387 1,358,093 ...... 1,358,093 6,079,041 40,253 6,119,294 Oregon ...... 11,019,838 59,767 11,079,605 2,012,329 ...... 2,012,329 9,007,509 59,767 9,067,276 Pennsylvania ..... 48,858,998 271,166 49,130,164 8,922,127 ...... 8,922,127 39,936,871 271,166 40,208,037 Puerto Rico...... 76,202,126 (449,019) 75,753,107 13,915,248 ...... 13,915,248 62,286,878 (449,019) 61,837,859 Rhode Island ..... 3,806,076 21,056 3,827,132 695,026 ...... 695,026 3,111,050 21,056 3,132,106 South Carolina.. 14,268,943 79,148 14,348,091 2,605,647 ...... 2,605,647 11,663,296 79,148 11,742,444 South Dakota .... 1,190,973 6,253 1,197,226 217,483 ...... 217,483 973,490 6,253 979,743 Tennessee ...... 17,478,205 96,495 17,574,700 3,191,690 ...... 3,191,690 14,286,515 96,495 14,383,010 Texas ...... 59,820,885 324,135 60,145,020 10,923,874 ...... 10,923,874 48,897,011 324,135 49,221,146 Utah * ...... 4,261,672 22,932 4,284,604 778,223 ...... 778,223 3,483,449 22,932 3,506,381 Vermont ...... 843,187 4,599 847,786 153,974 ...... 153,974 689,213 4,599 693,812 Virginia ...... 13,694,749 73,409 13,768,158 2,500,794 ...... 2,500,794 11,193,955 73,409 11,267,364 Washington ...... 26,957,248 141,491 27,098,739 4,922,655 ...... 4,922,655 22,034,593 141,491 22,176,084 West Virginia ..... 12,852,260 (1,380,493) 11,471,767 2,346,947 ...... 2,346,947 10,505,313 (1,380,493) 9,124,820 Wisconsin ...... 11,212,132 60,730 11,272,862 2,047,444 ...... 2,047,444 9,164,688 60,730 9,225,418 Wyoming ...... 1,069,268 5,772 1,075,040 195,259 ...... 195,259 874,009 5,772 879,781 State Total.. 1,051,713,000 ...... 1,051,713,000 192,053,000 ...... 192,053,000 859,660,000 ...... 859,660,000 * Includes funds allocated to the Navajo Nation Suzan G. LeVine, MILLENNIUM CHALLENGE Challenge Corporation (MCC) Advisory Principal Deputy Assistant Secretary for CORPORATION Council was established as a Employment and Training, Labor. [MCC FR 21–03] discretionary advisory committee on [FR Doc. 2021–06597 Filed 3–30–21; 8:45 am] July 14, 2016. Its charter was renewed BILLING CODE 4510–FR–P Notice of Open Meeting for a second term on July 11, 2018 and third term on July 8, 2020. The MCC AGENCY: Millennium Challenge Advisory Council serves MCC solely in Corporation. an advisory capacity and provides ACTION: Notice. insight regarding innovations in infrastructure, technology and SUMMARY: In accordance with the requirements of the Federal Advisory sustainability; perceived risks and Committee Act, the Millennium opportunities in MCC partner countries; VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16793 new financing mechanisms for comment on proposed and/or II. Methods of Collection developing country contexts; and shared continuing information collections. The Agency will only submit a value approaches. The MCC Advisory DATES: Comments are due by June 1, collection for approval under this Council provides a platform for 2021. generic clearance if it meets the systematic engagement with the private following conditions: sector and other external stakeholders ADDRESSES: Written comments and The collections are voluntary; and contributes to MCC’s mission—to recommendations for this information The collections are low-burden for reduce poverty through sustainable, collection should be sent within 60 days respondents (based on considerations of economic growth. of publication of this notice to total burden hours, total number of DATES: Tuesday, April 13, 2021, from www.reginfo.gov/public/do/PRAMain. respondents, or burden-hours per 10:00 a.m.–12:30 p.m. EDT. Find this particular information respondent) and are low-cost for both ADDRESSES: The meeting will be held collection by selecting ‘‘Currently under the respondents and the Federal via conference call. 60-day Review-Open for Public Government; FOR FURTHER INFORMATION CONTACT: Comments’’ or by using the search The collections are non-controversial Jennifer Rimbach, 202.521.3932, function. and do not raise issues of concern to [email protected] or visit other Federal agencies; https://www.mcc.gov/about/org-unit/ FOR FURTHER INFORMATION CONTACT: Any collection is targeted to the advisory-council. Requests for additional information or solicitation of opinions from copies of the information collection SUPPLEMENTARY INFORMATION: Agenda. respondents who have experience with instrument(s) and instructions should During the Spring 2021 meeting of the the program or may have experience be directed to Claire Little, NASA MCC Advisory Council, members will with the program in the near future; Clearance Officer, NASA Headquarters, be provided an update from MCC Information gathered will only be 300 E Street SW, JF0000, Washington, leadership. MCC Advisory Council Co- used internally for general service DC 20546, 202–358–2373 or email Chairs will provide updates on a letter improvement and program management [email protected]. to incoming MCC CEO, and council purposes and is not intended for release members will provide advice on the SUPPLEMENTARY INFORMATION: outside of the Agency; threshold program development process Information gathered will not be used I. Abstract and MCC’s investment strategy in for the purpose of substantially informing influential policy decisions; Solomon Islands. The proposed information collection Public Participation. The meeting will and activity provides a means to garner Information gathered will yield be open to the public. Members of the qualitative customer and stakeholder public may file written statement(s) qualitative information; the collections feedback in an efficient, timely manner, will not be designed or expected to before or after the meeting. If you plan in accordance with the Administration’s to attend, please submit your name and yield statistically reliable results or used commitment to improving service as though the results are generalizable to affiliation no later than Tuesday, April delivery. By qualitative feedback we 6, 2021 to MCCAdvisoryCouncil@ the population of study. mean information that provides useful Feedback collected under this generic mcc.gov to receive dial-in instructions insights on perceptions and opinions, and be placed on an attendee list. clearance provides useful information, but are not statistical surveys that yield but it does not yield data that can be Authority: Federal Advisory Committee quantitative results that can be generalized to the overall population. Act, 5 U.S.C. App. generalized to the population of study. This type of generic clearance for Dated: March 24, 2021. This feedback will provide insights into qualitative information will not be used Thomas G. Hohenthaner, customer or stakeholder perceptions, for quantitative information collections experiences, and expectations; provide Acting VP/General Counsel and Corporate that are designed to yield reliably Secretary. an early warning of issues with service; actionable results, such as monitoring or focus attention on areas where [FR Doc. 2021–06438 Filed 3–30–21; 8:45 am] trends over time or documenting communication, training or changes in BILLING CODE 9211–03–P program performance. Such data uses operations might improve delivery of require more rigorous designs that products or services. These collections address: The target population to which will allow for ongoing, collaborative and generalizations will be made; the NATIONAL AERONAUTICS AND actionable communications between the SPACE ADMINISTRATION sampling frame; the sample design Agency and its customers and (including stratification and clustering); [NOTICE: 21–019] stakeholders. It will also allow feedback the precision requirements or power to contribute directly to the calculations that justify the proposed Information Collection: Generic improvement of program management. sample size; the expected response rate; Clearance for the Collection of The solicitation of feedback will target methods for assessing potential non- Qualitative Feedback on Agency areas such as: Timeliness; response bias; the protocols for data Service Delivery appropriateness; accuracy of collection; and any testing procedures AGENCY: National Aeronautics and information; courtesy; efficiency of that were or will be undertaken prior to Space Administration (NASA). service delivery; and resolution of fielding the study. Depending on the ACTION: Notice of information collection. issues with service delivery. Responses degree of influence the results are likely will be assessed to plan and inform to have, such collections may still be SUMMARY: The National Aeronautics and efforts to improve or maintain the eligible for submission for other generic Space Administration, as part of its quality of service offered to the public. mechanisms that are designed to yield continuing effort to reduce paperwork If this information is not collected, vital quantitative results. and respondent burden, invites the feedback from customers and As a general matter, information general public and other Federal stakeholders on the Agency’s services collections will not result in any new agencies to take this opportunity to will be unavailable. system of records containing privacy VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16794 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices information and will not ask questions SUMMARY: In accordance with the NATIONAL SCIENCE FOUNDATION of a sensitive nature, such as sexual Federal Advisory Committee Act, as behavior and attitudes, religious beliefs, amended, the National Aeronautics and Notice of Meeting for the Proposal and other matters that are commonly Space Administration (NASA) Review Panel for Physics; Correction considered private. announces a meeting of the Science ACTION: Notice; correction. III. Data Committee of the NASA Advisory Council (NAC). This Committee reports Title: Generic Clearance for the to the NAC. The meeting will be held SUMMARY: The National Science Collection of Qualitative Feedback on for the purpose of soliciting, from the Foundation (NSF) published a Agency Service Delivery. scientific community and other persons, document in the Federal Register of OMB Number: 2700–0153. March 26, 2021, concerning a Part-open, Type of Review: Extension of approval scientific and technical information relevant to program planning. 2-day, virtual site visit meeting for the for a collection of information. Proposal Review Panel for Physics. The Affected Public: Federal Government; DATES: Wednesday, April 14, 2021, virtual site visit will be changed to a Individuals and Households; Businesses 12:30–5:00 p.m.; and Thursday, April closed meeting. and Organization; State, Local, or Tribal 15, 2021, 1:00–5:00 p.m.; Eastern Time. Government. FOR FURTHER INFORMATION CONTACT: Estimated Annual Number of FOR FURTHER INFORMATION CONTACT: Ms. Please contact Crystal Robinson, Activities: 40. KarShelia Henderson, Science Mission [email protected] or 703–292–8687. Estimated Number of Respondents Directorate, NASA Headquarters, SUPPLEMENTARY INFORMATION: per Activity: 2,000. Washington, DC 20546, (202) 358–2355 Annual Responses: 80,000. or [email protected]. Correction Estimated Time per Response: 5 SUPPLEMENTARY INFORMATION: In the Federal Register published minutes. This March 26, 2021, in FR Doc. 2021–06220 Estimated Total Annual Burden meeting will be open to the public via (Filed 3–25–21), on page 16239, first Hours: 6,667. Webex and telephonically. Webex Estimated Total Annual Cost: connectivity information for each day is column, Type of Meeting Section, $200,000. provided below. For audio, when you please change the meeting type to join the Webex event, you may use your Closed. IV. Request for Comments computer or provide your phone Dated: March 26, 2021. Comments are invited on: (1) Whether number to receive a call back, Crystal Robinson, the proposed collection of information otherwise, call the U.S. toll conference Committee Management Officer, National is necessary for the proper performance number listed for each day. Science Foundation. of the functions of NASA, including On Wednesday, April 14, the event [FR Doc. 2021–06622 Filed 3–30–21; 8:45 am] whether the information collected has address for attendees is: https:// BILLING CODE 7555–01–P practical utility; (2) the accuracy of nasaenterprise.webex.com/ NASA’s estimate of the burden nasaenterprise/onstage/g.php?MTID= (including hours and cost) of the e6bcad84ab11d25ae3be15f5f049ec876. proposed collection of information; (3) The event number is 199 910 0118 and RAILROAD RETIREMENT BOARD ways to enhance the quality, utility, and the event password is BXeCv3Er*48. If clarity of the information to be Actuarial Advisory Committee With needed, the U.S. toll conference number collected; and (4) ways to minimize the Respect to the Railroad Retirement is 1–415–527–5035 and access code is burden of the collection of information Account; Notice of Public Meeting 199 910 0118. on respondents, including automated collection techniques or the use of other On Thursday, April 15, the event Notice is hereby given in accordance forms of information technology. address for attendees is: https:// with Public Law 92–463 that the Comments submitted in response to nasaenterprise.webex.com/ Actuarial Advisory Committee will hold this notice will be summarized and nasaenterprise/onstage/g.php?MTID= a virtual meeting on April 21, 2021, at included in the request for OMB eaaad5072c23c72dba00f5ba93cb33d12. 12:30 p.m. (Central Daylight Time), on approval of this information collection. The event number is 199 236 4230 and the conduct of the 28th Actuarial They will also become a matter of the event password is 2gVXbrpd*77. If Valuation of the Railroad Retirement public record. needed, the U.S. toll conference number System. The agenda for this meeting is 1–415–527–5035 and access code is will include a discussion of the Lori Parker, 199 236 4230. The agenda for the assumptions to be used in the 28th NASA PRA Clearance Officer. meeting includes the following topics: Actuarial Valuation. A report containing [FR Doc. 2021–06610 Filed 3–30–21; 8:45 am] recommended assumptions and the BILLING CODE 7510–13–P —Science Mission Directorate (SMD) experience on which the Missions, Programs and Activities recommendations are based will have It is imperative that the meeting be been sent by the Chief Actuary to the NATIONAL AERONAUTICS AND Committee before the meeting. SPACE ADMINISTRATION held on these dates due to the scheduling priorities of the key The meeting will be open to the [Notice: 21–018] participants. public. Persons wishing to submit written statements, make oral NASA Advisory Council; Science Patricia Rausch, presentations, or attend the meeting Committee; Meeting Advisory Committee Management Officer, should address their communications or National Aeronautics and Space AGENCY: notices to Patricia Pruitt National Aeronautics and Administration. Space Administration. ([email protected]) so that [FR Doc. 2021–06544 Filed 3–30–21; 8:45 am] information on how to join the virtual ACTION: Notice of meeting. BILLING CODE 7510–13–P meeting can be provided. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16795 Dated: March 25, 2021. A. Self-Regulatory Organization’s quotes 7 sent to the Exchange on that Stephanie Hillyard, Statement of the Purpose of, and particular day. In counting the total Secretary to the Board. Statutory Basis for, the Proposed Rule number of quotes for the purposes of the [FR Doc. 2021–06543 Filed 3–30–21; 8:45 am] Change Excessive Quoting Fee, the Exchange proposes to exclude messages that are BILLING CODE 7905–01–P 1. Purpose generated as a result of sending a mass The Exchange proposes to amend the purge message to the Exchange. The Fee Schedule to adopt new Section 1)c), Exchange proposes that the 2.5 billion SECURITIES AND EXCHANGE Excessive Quoting Fee. inbound quote limit for the Excessive COMMISSION Quoting Fee will reset each trading day. Background [Release No. 34–91406; File No. SR– The purpose of this proposal is to EMERALD–2021–10] The Exchange initially filed its ensure that Market Makers do not over proposal to adopt the Excessive Quoting utilize the Exchange’s System by Self-Regulatory Organizations; MIAX Fee on February 8, 2021.3 On February sending excessive quotes to the Emerald, LLC; Notice of Filing and 22, 2021, the Exchange withdrew the Exchange, to the detriment of all other Immediate Effectiveness of a Proposed First Proposed Rule Change and now Members of the Exchange. Market Rule Change To Amend the MIAX resubmits this proposal to provide Makers that send an excessive number Emerald Fee Schedule To Adopt an additional background information and of quotes to the Exchange on any Excessive Quoting Fee make further changes due to business particular day have the potential reasons. residual effect of exhausting System March 25, 2021. The Exchange recently completed a resources, bandwidth, and capacity. In Pursuant to Section 19(b)(1) of the significant upgrade to its System’s 4 turn, this may create latency and impact Securities Exchange Act of 1934 network architecture, based on customer other Members’ and non-Members’ 1 2 (‘‘Act’’), and Rule 19b–4 thereunder, demand, which has resulted in the ability to send messages to the Exchange notice is hereby given that on March 12, Exchange’s network environment and receive timely executions. 2021, MIAX Emerald, LLC (‘‘MIAX becoming more transparent and The Exchange’s high performance Emerald’’ or ‘‘Exchange’’), filed with the deterministic. This project included network provides unparalleled system Securities and Exchange Commission additional network development in throughput and the capacity to handle (‘‘Commission’’) a proposed rule change several areas, which resulted in: (i) approximately 38 million messages per as described in Items I, II, and III below, Minimum latency between multicast second. On an average day, the which Items have been prepared by the market data signals disseminated by the Exchange handles over approximately Exchange. The Commission is Exchange across the extranet switches; 11 billion total messages. These billions publishing this notice to solicit (ii) a reduction in the occurrence of of messages per day consume the comments on the proposed rule change message sequence inversions from Exchange’s resources, particularly from interested persons. Members 5 to the Exchange quoting storage capabilities. The combination of (i) Member quoting behavior, (ii) I. Self-Regulatory Organization’s gateway processors; (iii) assurance of the optical fiber path for participants increased volatility in the marketplace, Statement of the Terms of Substance of and (iii) increased number of options the Proposed Rule Change within extremely tight tolerances; (iv) a re-architected and engineered products quoted on the Exchange has a The Exchange is filing a proposal to participant quoting gateway; and (v) the significant impact on the total number amend the MIAX Emerald Fee Schedule Exchange being able to better measure of quotes sent each trading day, (the ‘‘Fee Schedule’’) to adopt new the performance of the network and resulting in additional storage capacity. Section 1)c), Excessive Quoting Fee. System at extremely tight tolerances and The Exchange believes this proposal The text of the proposed rule change the ability to provide Members with will reduce the potential for market participants to engage in excessive is available on the Exchange’s website at reporting on the performance of their quoting behavior that would require the http://www.miaxoptions.com/rule- own systems. filings/emerald, at MIAX’s principal Exchange to increase its storage capacity office, and at the Commission’s Public Proposal and will encourage quotes to be made in Reference Room. The Exchange proposes to amend the good faith. Recognizing that orders and Fee Schedule to adopt new Section 1)c), II. Self-Regulatory Organization’s executions often occur in large numbers, Excessive Quoting Fee. The Exchange Statement of the Purpose of, and the purpose of this proposal is to focus proposes to assess an Excessive Quoting Statutory Basis for, the Proposed Rule on activity that is truly disproportionate Fee of $10,000 per day to any Market Change while fairly allocating costs. The Maker 6 that exceeds 2.5 billion inbound In its filing with the Commission, the proposal contemplates that a Market Exchange included statements Maker would have to exceed the high 3 See SR–EMERALD–2021–06 (the ‘‘First threshold of 2.5 billion inbound quotes concerning the purpose of and basis for Proposed Rule Change’’). the proposed rule change and discussed 4 The term ‘‘System’’ means the automated before that Market Maker would be any comments it received on the trading system used by the Exchange for the trading charged the proposed fee on that proposed rule change. The text of these of securities. See Exchange Rule 100. particular trading day. The Exchange statements may be examined at the 5 ‘‘Member’’ means an individual or organization places specified in Item IV below. The approved to exercise the trading rights associated 7 The term ‘‘quote’’ or ‘‘quotation’’ means a bid or with a Trading Permit. Members are deemed offer entered by a Market Maker that is firm and Exchange has prepared summaries, set ‘‘members’’ under the Exchange Act. See the may update the Market Maker’s previous quote, if forth in sections A, B, and C below, of Definitions Section of the Fee Schedule and any. The Rules of the Exchange provide for the use the most significant aspects of such Exchange Rule 100. of different types of quotes, including Standard statements. 6 The term ‘‘Market Maker’’ refers to ‘‘Lead quotes and eQuotes, as more fully described in Rule Market Maker’’ (‘‘LMM’’), ‘‘Primary Lead Market 517. A Market Maker may, at times, choose to have Maker’’ (‘‘PLMM’’) and ‘‘Registered Market Maker’’ multiple types of quotes active in an individual 1 15 U.S.C. 78s(b)(1). (‘‘RMM’’), collectively. See the Definitions Section option. See the Definitions Section of the Fee 2 17 CFR 240.19b–4. of the Fee Schedule and Exchange Rule 100. Schedule. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16796 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices believes that it is in the interests of all Exchange notes that this proposal is not the Exchange has experienced since it Members and market participants who intended to raise revenue for the began operations in March of 2019. In access the Exchange to not allow other Exchange; rather, it is intended to addition, the Exchange believes that by market participants to exhaust System ensure that Market Makers are using excluding messages that are generated resources, but to encourage efficient their quoting methodologies in the most from a mass purge message sent to the usage of network capacity. efficient manner possible in light of the Exchange from the calculation of the The Exchange believes that this Exchange’s highly deterministic and total quotes for the proposed fee is not concept is not new or novel.8 The transparent infrastructure. unfairly discriminatory because it will Exchange notes that although prior 2. Statutory Basis keep from disadvantaging firms that similar proposals from other exchanges choose to use mass purges on a regular relating to capacity-type fees focused on The Exchange believes that its basis for risk management reasons. The flow through capacity, the Exchange has proposal to amend its Fee Schedule is Exchange notes that since the launch of determined to adopt a quote cap consistent with Section 6(b) of the Act 9 MIAX Emerald in March of 2019, no methodology at this time for business in general, and furthers the objectives of Market Maker has reached 10 reasons. The Exchange’s proposal is not Section 6(b)(4) of the Act in approximately more than two-thirds of intended to raise revenue; rather, it is particular, in that it is an equitable the proposed 2.5 billion inbound quote intended to encourage efficient quoting allocation of reasonable dues, fees, and limit threshold during peak trading behavior so that market participants do other charges among its Members and days, including days with high volatility not exhaust System resources. issuers and other persons using its in the marketplace. The Exchange does The Exchange believes adopting the facilities. The Exchange also believes not anticipate that any Market Maker proposed fee will protect the integrity of the proposal furthers the objectives of will exceed the proposed 2.5 billion 11 the MIAX Emerald market and benefit Section 6(b)(5) of the Act in that it is inbound quote limit and become subject all market participants of MIAX designed to promote just and equitable to the proposed fee. Emerald by ensuring that the Exchange’s principles of trade, remove System is not overloaded from excessive impediments to and perfect the The Exchange further believes that its quotes being sent to it each day. The mechanism of a free and open market proposal is reasonable, equitably Exchange notes that it will provide and a national market system, and, in allocated and not unfairly Market Makers with daily reports, free general protects investors and the public discriminatory because it is not of charge, which will detail their interest and is not designed to permit intended to raise revenue for the quoting activity in order for those firms unfair discrimination between Exchange; rather, it is intended to to be fully aware of the number of customers, issuers, brokers and dealers. ensure that Market Makers are using quotes they are sending to the Exchange. The Exchange believes that its their quoting methodologies in the most This will allow firms to ensure that their proposal is designed to promote just and efficient manner possible in light of the quoting behavior does not approach the equitable principles of trade, remove Exchange’s highly deterministic and proposed 2.5 billion inbound quote impediments to and perfect the transparent infrastructure. The limit. mechanism of a free and open market Exchange believes that the proposed fee The Exchange notes that since the and a national market system, and, in and quote limit is reasonable, equitably launch of MIAX Emerald in March of general to protect investors and the allocated and not unfairly 2019, no Market Maker has reached public interest and is not designed to discriminatory because this proposal approximately more than two thirds of permit unfair discrimination between will reduce the potential for market the proposed 2.5 billion inbound quote customers, issuers, brokers and dealers participants to engage in excessive limit threshold during peak trading because it will encourage efficient quoting behavior that would require the days, including days with high volatility utilization of the Exchange’s highly Exchange to increase its storage capacity in the marketplace. Accordingly, the deterministic and transparent network and will encourage quotes to be made in Exchange does not anticipate that any architecture. The Exchange believes that good faith. The Exchange notes that Market Maker will exceed the proposed unfettered usage of System capacity and other exchanges have implemented 2.5 billion inbound quote limit and network resource consumption can have similar fees and capacity type-limits in become subject to the proposed fee. The a detrimental effect on all market order to deter their firms from over- participants who are potentially utilizing their trading systems and 8 See Securities Exchange Act Release No. 60117 compelled to send quote messages to the exhausting system resources, while (June 16, 2009), 74 FR 30190 (June 24, 2009) (SR– Exchange on an unlimited basis, to the encouraging the efficient usage of AMEX–2009–25) (Notice of Filing and Immediate 12 Effectiveness of Proposed Rule Change Amending detriment of all other market system resources. the Schedule of Fees and Charges for Exchange participants who access and use the The Exchange therefore believes that Services by Adding a Ratio Threshold Fee); 64655 Exchange. Further, the proposed fee and (June 13, 2011), 76 FR 35495 (June 17, 2011) (SR– the proposed Excessive Quoting Fee AMEX–2011–37) (Notice of Filing and Immediate message limit will apply equally to all both appropriately reflects the benefits Effectiveness of Proposed Rule Change Amending Market Makers who send quotes to the to different firms of being able to send the NYSE Amex Options Fee Schedule To Establish Exchange in excess of 2.5 billion quotes into the Exchange’s trading a New Fee Designed To Encourage Efficient Use of Bandwidth by ATP Firms and To Rename a Related inbound quotes on any particular System, and facilitates the Existing Fee); 53522 (March 20, 2006), 71 FR 14975 trading day. Commission’s goal of ensuring that (March 24, 2006) (SR–ISE–2006–09) (Notice of The Exchange believes that the critical market infrastructure has ‘‘levels Filing and Immediate Effectiveness of Proposed proposal is not unfairly discriminatory of capacity, integrity, resiliency, Rule Change and Amendment No. 1 Thereto due to the substantial quote limit that Relating to Session/API Fees); 55941 (June 21, availability, and security adequate to 2007), 72 FR 35535 (June 28, 2007) (SR–ISE–2007– the proposal contemplates before the maintain their operational capability 36) (Notice of Filing and Immediate Effectiveness of proposed fee kicks in, as well as the and promote the maintenance of fair a Proposed Rule Change as Modified by normal Market Maker quote traffic that and orderly markets.’’ 13 Amendment No. 1 Thereto Relating to API Fees); 84963 (December 26, 2018), 84 FR 830 (January 31, 2019) (SR-CboeBZX–2018–095) (Notice of Filing 9 15 U.S.C. 78f(b). 12 See supra note 8. and Immediate Effectiveness of a Proposed Rule 10 15 U.S.C. 78f(b)(4). 13 See Securities Exchange Act Release No. 73639 Change To Amend the BZX Equities Fee Schedule). 11 15 U.S.C. 78f(b)(5). (November 19, 2014), 79 FR 72251 (December 5, VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16797 The Exchange will also review the Inter-Market Competition • Send an email to rule-comments@ quoting behavior of all firms on a sec.gov. Please include File Number SR– regular basis to ensure that the inbound The Exchange believes the proposal EMERALD–2021–10 on the subject line. quote limit remains significantly higher does not place an undue burden on than the average firm quoting behavior, competition on other self-regulatory Paper Comments organizations that is not necessary or while taking into account varying • appropriate because of the availability Send paper comments in triplicate market conditions. The Exchange will to Secretary, Securities and Exchange regularly monitor prevailing market of numerous substitute options Commission, 100 F Street NE, conditions to ensure that the inbound exchanges. There are 15 other options Washington, DC 20549–1090. quote limit is sufficiently flexible and exchanges where market participants could not inadvertently result in higher can become members and send quotes if All submissions should refer to File than anticipated fees being charged to they deem the 2.5 billion inbound quote Number SR–EMERALD–2021–10. This limit to be too restrictive for their firms that are providing liquidity in file number should be included on the quoting behavior. In addition, the volatile, high volume markets. The subject line if email is used. To help the Exchange does not believe the proposal Exchange does not want to discourage Commission process and review your will impose any burden on inter-market such liquidity provision and believes comments more efficiently, please use that it should be able to adjust the competition as the proposal does not address any competitive issues; rather, only one method. The Commission will inbound quote limit on a monthly basis post all comments on the Commission’s if need be. it is intended to protect all market participants of MIAX Emerald by internet website (http://www.sec.gov/ B. Self-Regulatory Organization’s ensuring that the Exchange’s System is rules/sro.shtml). Copies of the Statement on Burden on Competition not overloaded from excessive quotes submission, all subsequent being sent to it each day. amendments, all written statements The Exchange does not believe that with respect to the proposed rule the proposed rule change will impose C. Self-Regulatory Organization’s change that are filed with the Statement on Comments on the any burden on competition not Commission, and all written necessary or appropriate in furtherance Proposed Rule Change Received From communications relating to the of the purposes of the Act. Members, Participants, or Others proposed rule change between the Intra-Market Competition Written comments were neither Commission and any person, other than solicited nor received. those that may be withheld from the The Exchange believes that the public in accordance with the proposal does not put any market III. Date of Effectiveness of the provisions of 5 U.S.C. 552, will be participants at a relative disadvantage Proposed Rule Change and Timing for compared to other market participants Commission Action available for website viewing and because the proposed fee and message printing in the Commission’s Public limit will apply equally to all Market The foregoing rule change has become Reference Room, 100 F Street NE, Makers who send quotes to the effective pursuant to Section Washington, DC 20549, on official 14 Exchange in excess of 2.5 billion 19(b)(3)(A)(ii) of the Act, and Rule business days between the hours of 15 inbound quotes on any particular 19b–4(f)(2) thereunder. At any time 10:00 a.m. and 3:00 p.m. Copies of the trading day. The Exchange also believes within 60 days of the filing of the filing also will be available for that the proposed fee neither favors nor proposed rule change, the Commission inspection and copying at the principal penalizes one or more categories of summarily may temporarily suspend office of the Exchange. All comments market participants in a manner that such rule change if it appears to the received will be posted without change. would impose an undue burden on Commission that such action is Persons submitting comments are competition. Rather, the proposal seeks necessary or appropriate in the public cautioned that we do not redact or edit to benefit all market participants by interest, for the protection of investors, personal identifying information from or otherwise in furtherance of the encouraging the efficient utilization of comment submissions. You should purposes of the Act. If the Commission the Exchange’s highly deterministic and submit only information that you wish transparent network architecture. takes such action, the Commission shall institute proceedings to determine to make available publicly. All Further, the Exchange notes that since submissions should refer to File the launch of MIAX Emerald in March whether the proposed rule should be approved or disapproved. Number SR–EMERALD–2021–10 and of 2019, no Market Maker has reached should be submitted on or before April approximately more than two-thirds of IV. Solicitation of Comments 21, 2021. the proposed 2.5 billion inbound quote limit threshold during peak trading Interested persons are invited to For the Commission, by the Division of days, including days with high volatility submit written data, views, and Trading and Markets, pursuant to delegated in the marketplace. Accordingly, the arguments concerning the foregoing, authority.16 Exchange does not anticipate that any including whether the proposed rule J. Matthew DeLesDernier, Market Maker will exceed the proposed change is consistent with the Act. Assistant Secretary. 2.5 billion inbound quote limit and Comments may be submitted by any of [FR Doc. 2021–06562 Filed 3–30–21; 8:45 am] the following methods: become subject to the proposed fee. BILLING CODE P Accordingly, the Exchange believes that Electronic Comments the proposed Excessive Quoting Fee does not favor certain categories of • Use the Commission’s internet market participants in a manner that comment form (http://www.sec.gov/ would impose a burden on competition. rules/sro.shtml); or 2014) (File No. S7–01–13) (Regulation SCI Adopting 14 15 U.S.C. 78s(b)(3)(A)(ii). Release). 15 17 CFR 240.19b–4(f)(2). 16 17 CFR 200.30–3(a)(12). VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00097 Fmt 4703 Sfmt 9990 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16798 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices SECURITIES AND EXCHANGE set forth in sections A, B, and C below, resume on a limited basis to a subset of COMMISSION of the most significant parts of such Floor brokers, subject to health and statements. safety measures designed to prevent the [Release No. 34–91409; File No. SR–NYSE– 6 2021–19] A. Self-Regulatory Organization’s spread of COVID–19. On June 15, 2020, Statement of the Purpose of, and the the Exchange announced that on June Self-Regulatory Organizations; New Statutory Basis for, the Proposed Rule 17, 2020, the Trading Floor would York Stock Exchange LLC; Notice of Change reintroduce a subset of DMMs, also Filing and Immediate Effectiveness of subject to health and safety measures Proposed Rule Change To Amend Its 1. Purpose designed to prevent the spread of Price List To Extend the Waiver of The Exchange proposes to amend its COVID–19.7 Following this partial Equipment and Related Service Price List to extend the waiver of reopening of the Trading Floor, the Charges and Trading License Fees for equipment and related service charges Exchange extended the equipment fee NYSE Trading Floor-Based Member and trading license fees for NYSE waiver for the months of June 2020 Organizations Trading Floor-based member through March 2021.8 The Trading organizations through the earlier of the Floor continues to operate with reduced March 25, 2021. first full month of a full reopening of the headcount and additional health and 1 Pursuant to Section 19(b)(1) of the Trading Floor facilities to Floor safety precautions.9 Securities Exchange Act of 1934 (the personnel or June 2021. ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 As proposed, the Exchange would Proposed Rule Change notice is hereby given that, on March continue to waive 50% of the Telephone In response to the unprecedented 17, 2021, New York Stock Exchange System charges and Service Charges LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed events surrounding the spread of (except for the internet Equipment COVID–19 in 2020, the Exchange with the Securities and Exchange Monthly Hosting Fee) and trading Commission (the ‘‘Commission’’) the waived certain equipment and related license fees for member organizations service charges and trading license fees proposed rule change as described in that meet the waiver criteria set forth in Items I, II, and III below, which Items for NYSE Trading Floor-based member footnotes 11 and 15 of the Price List, organizations through March 2021. have been prepared by the self- respectively, commencing January 1, regulatory organization. The Specifically, the Exchange extended the 2021 through the earlier of the first full waiver of 50% of the Annual Telephone Commission is publishing this notice to month of a full reopening of the Trading solicit comments on the proposed rule Line Charge of $400 per phone number; Floor facilities to Floor personnel or the $129 fee for a single line phone, change from interested persons. June 2021. jack, and data jack; the related service The Exchange proposes to implement I. Self-Regulatory Organization’s charges ($161.25 to install single jack the fee changes effective April 1, 2021. Statement of the Terms of Substance of (voice or data); $107.50 to relocate a the Proposed Rule Change Background jack; $53.75 to remove a jack; $107.50 to The Exchange proposes to amend its Current Market and Competitive install voice or data line; $53.75 to Price List to extend the waiver of Environment disconnect data line; $53.75 to change a phone line subscriber; and equipment and related service charges Beginning in March 2020 and and trading license fees for NYSE miscellaneous telephone charges billed continuing into 2021, in order to slow at $106 per hour in 15 minute Trading Floor-based member the spread of the novel coronavirus organizations through the earlier of the increments); and the monthly portion of (‘‘COVID–19’’) through social distancing all applicable annual fees through first full month of a full reopening of the measures, significant limitations were Trading Floor facilities to Floor March 2021 for member organizations placed on large gatherings throughout that personnel or June 2021. The Exchange the country. As a result, on March 18, proposes to implement the fee changes 2020, the Exchange determined that 6 effective April 1, 2021. The proposed beginning March 23, 2020, the physical See Trader Update, dated May 14, 2020, rule change is available on the available here: https://www.nyse.com/traderupdate/ Trading Floor facilities located at 11 history#110000251588. Exchange’s website at www.nyse.com, at Wall Street in New York City would 7 See Trader Update, dated June 15, 2020, the principal office of the Exchange, and close and that the Exchange would available here: https://www.nyse.com/trader- at the Commission’s Public Reference move, on a temporary basis, to fully update/history#110000272018. 8 Room. 4 See Securities Exchange Act Release No. 89050 electronic trading. Following the (June 11, 2020), 85 FR 36637 (June 17, 2020) (SR– II. Self-Regulatory Organization’s temporary closure of the Trading Floor, NYSE–2020–49); Securities Exchange Act Release Statement of the Purpose of, and the Exchange waived certain equipment No. 89324 (July 15, 2020), 85 FR 44129 (July 21, Statutory Basis for, the Proposed Rule fees for the booth telephone system on 2020) (SR–NYSE–2020–59); Securities Exchange the Trading Floor and associated service Act Release No. 89754 (September 2, 2020), 85 FR Change 55550 (September 8, 2020) (SR–NYSE–2020–71); charges for the months of April and In its filing with the Commission, the Securities Exchange Act Release No. 89798 May.5 (September 9, 2020), 85 FR 57263 (September 15, self-regulatory organization included On May 14, 2020, the Exchange 2020) (SR–NYSE2020–72); Securities Exchange Act statements concerning the purpose of, announced that on May 26, 2020 trading Release No. 90161 (October 13, 2020), 85 FR 66370 and basis for, the proposed rule change operations on the Trading Floor would (October 19, 2020) (SR–NYSE–2020–81); Securities and discussed any comments it received Exchange Act Release No. 90391 (November 10, 2020), 85 FR 73326 (November 17, 2020) (SR– on the proposed rule change. The text 4 See Press Release, dated March 18, 2020, NYSE2020–92); Securities Exchange Act Release of those statements may be examined at available here: https://ir.theice.com/press/press- No. 90744 (December 21, 2020), 85 FR 85712 the places specified in Item IV below. releases/allcategories/2020/03-18-2020-204202110. (December 29, 2020) (SR–NYSE–2020–102); The Exchange has prepared summaries, 5 See Securities Exchange Act Release No. 88602 Securities Exchange Act Release No. 91082 (April 8, 2020), 85 FR 20730 (April 14, 2020) (SR– (February 9, 2021), 86 FR 9546 (February 16, 2021) NYSE–2020–27); Securities Exchange Act Release (SR–NYSE–2021–10). 1 15 U.S.C. 78s(b)(1). No. 88874 (May 14, 2020), 85 FR 30743 (May 20, 9 See Trader Update, dated June 15, 2020, 2 15 U.S.C. 78a. 2020) (SR–NYSE–2020–29). See footnote 11 of the available here: https://www.nyse.com/trader- 3 17 CFR 240.19b–4. Price List. update/history#110000272018. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16799 • meet the current requirements of The Exchange operates in a highly Floor as a result of spread of COVID–19. having at least one trading license, a competitive market. The Commission The proposed change is reasonable physical trading Floor presence and has repeatedly expressed its preference because it would extend reduction of Floor broker executions accounting for for competition over regulatory monthly costs for all Qualifying Firms 40% or more of the member intervention in determining prices, whose operations have been disrupted organization’s combined adding, taking, products, and services in the securities despite the fact that the Trading Floor and auction volumes during March 1 to markets. In Regulation NMS, the has partially reopened because of the March 20, 2020 or, if not a member Commission highlighted the importance social distancing requirements and/or organization during March 1 to March of market forces in determining prices other health concerns related to 20, 2020, based on the member and SRO revenues and, also, recognized resuming operation on the Trading organization’s combined adding, taking, that current regulation of the market Floor. In reducing this monthly and auction volumes during its first system ‘‘has been remarkably successful financial burden, the proposed change month as a member organization on or in promoting market competition in its would allow Qualifying Firms that that after May 26, 2020, and broader forms that are most important to are unable to operate at more than 50% • are unable to operate at more than investors and listed companies.’’ 12 of their March 2020 or Exchange- 50% of their March 2020 on-Floor While Regulation NMS has enhanced approved on-Floor staffing levels to staffing levels or, for member competition, it has also fostered a reallocate funds to assist with the cost organizations that began Floor ‘‘fragmented’’ market structure where of shifting and maintaining their prior operations after March 2020, are unable trading in a single stock can occur fully-staffed on-Floor operations to off- to operate at more than 50% of their across multiple trading centers. When Floor and recoup losses resulting from Exchange-approved on-Floor staffing multiple trading centers compete for the partial reopening of the Trading levels, both excluding part-time Floor order flow in the same stock, the Floor. brokers known as ‘‘flex brokers’’ Commission has recognized that ‘‘such The Proposal is an Equitable Allocation (hereinafter, ‘‘Qualifying Firms’’). competition can lead to the of Fees Because the Trading Floor continues fragmentation of order flow in that stock.’’ 13 Indeed, equity trading is The Exchange believes the proposed to operate with reduced capacity, and in extension of the waiver of equipment order to further reduce costs for member currently dispersed across 16 exchanges,14 31 alternative trading and related service fees and the organizations with a Trading Floor applicable monthly trading license fee systems,15 and numerous broker-dealer presence, the Exchange proposes to for Qualified Members for the proposed internalizers and wholesalers, all extend the fee waiver for Qualifying time period is an equitable allocation of competing for order flow. Based on Firms through the earlier of the first full fees. The proposed waivers apply to all publicly available information, no single month of a full reopening of the Trading Trading Floor-based firms meeting exchange has more than 16% market Floor facilities to Floor personnel or specific requirements during the share.16 Therefore, no exchange June 2021. The proposed fee change is specified period that the Trading Floor possesses significant pricing power in designed to reduce monthly costs for all remains partially open. The Exchange the execution of equity order flow. More Qualifying Firms whose operations believes the proposed rule change is an specifically, the Exchange’s market continue to be disrupted even though equitable allocation of its fees and share of trading in Tape A, B and C the Trading Floor has partially credits as it continues the previous fee reopened. The Exchange does not securities combined is less than 10%. waiver for Qualifying Firms, which propose any substantive changes to the The Proposed Change is Reasonable affects fees charged only to Floor current waiver requirements set forth in participants and does not apply to The proposed extension of the waiver footnotes 11 and 15 of the Price List. participants that conduct business off- of equipment and related service fees The Exchange believes that all Floor. The Exchange believes it is an and the applicable monthly trading Qualifying Firms would benefit from the equitable allocation of fees and credits license fee for Qualified Firms through proposed fee change. to extend the fee waiver for Qualifying the earlier of the first full month of a full The proposed changes are not Firms because such firms have no more reopening of the Trading Floor facilities otherwise intended to address other than half of their Floor staff (as to Floor personnel or June 2021 is issues, and the Exchange is not aware of measured by either the March 2020 or reasonable in light of the continued any significant problems that market Exchange-approved) levels, and this partial closure of the NYSE Trading participants would have in complying reduction in staffing levels on the with the proposed changes. 12 See Securities Exchange Act Release No. 51808 Trading Floor impacts the speed, 2. Statutory Basis (June 9, 2005), 70 FR 37495, 37499 (June 29, 2005) volume and efficiency with which these (S7–10–04) (Final Rule) (‘‘Regulation NMS’’). firms can operate, to their financial The Exchange believes that the 13 See Securities Exchange Act Release No. 61358, detriment. proposed rule change is consistent with 75 FR 3594, 3597 (January 21, 2010) (File No. S7– Section 6(b) of the Act,10 in general, and 02–10) (Concept Release on Equity Market The Proposal is Not Unfairly Structure). Discriminatory furthers the objectives of Sections 14 See Cboe Global Markets, U.S. Equities Market 11 6(b)(4) and (5) of the Act, in particular, Volume Summary, available at http:// The Exchange believes that the because it provides for the equitable markets.cboe.com/us/equities/market_share/. See proposal is not unfairly discriminatory allocation of reasonable dues, fees, and generally https://www.sec.gov/fast-answers/ because the proposed continuation of other charges among its members, divisionsmarketregmrexchangesshtml.html. the fee waiver would affect all similarly 15 See FINRA ATS Transparency Data, available issuers and other persons using its at https://otctransparency.finra.org/ situated market participants on an equal facilities and does not unfairly otctransparency/AtsIssueData. A list of alternative and non-discriminatory basis. The discriminate between customers, trading systems registered with the Commission is Exchange is not proposing to waive the issuers, brokers or dealers. available at https://www.sec.gov/foia/docs/ Trading Floor-related fees indefinitely, atslist.htm. 16 See Cboe Global Markets U.S. Equities Market but rather during the specified period 10 15 U.S.C. 78f(b). Volume Summary, available at http:// during which the Trading Floor is not 11 15 U.S.C. 78f(b)(4) & (5). markets.cboe.com/us/equities/market_share/. fully open. As noted, the proposed fee VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16800 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices change is designed to ease the financial staffing levels on the Trading Floor, do Commission summarily may burden on Trading Floor-based member not face the same operational level of temporarily suspend such rule change if organizations that cannot fully conduct disruption and potential financial it appears to the Commission that such Floor operations. impact during the partial reopening of action is necessary or appropriate in the For the foregoing reasons, the the Trading Floor. As noted, the public interest, for the protection of Exchange believes that the proposal is proposal would apply to all similarly investors, or otherwise in furtherance of consistent with the Act. situated member organizations on the the purposes of the Act. If the B. Self-Regulatory Organization’s same and equal terms, who would Commission takes such action, the Statement on Burden on Competition benefit from the changes on the same Commission shall institute proceedings basis. Accordingly, the proposed change under Section 19(b)(2)(B) 21 of the Act to In accordance with Section 6(b)(8) of would not impose a disparate burden on determine whether the proposed rule the Act,17 the Exchange believes that the competition among market participants change should be approved or proposed rule change would not impose on the Exchange. disapproved. any burden on competition that is not Intermarket Competition. As noted IV. Solicitation of Comments necessary or appropriate in furtherance above, the Exchange operates in a highly of the purposes of the Act. Instead, as competitive market in which market Interested persons are invited to discussed above, the Exchange believes participants can readily choose to send submit written data, views, and that the proposed changes would their orders to other exchange and off- arguments concerning the foregoing, encourage the submission of additional exchange venues if they deem fee levels including whether the proposed rule liquidity to a public exchange, thereby at those other venues to be more change is consistent with the Act. promoting market depth, price favorable. The Exchange believes that Comments may be submitted by any of discovery and transparency and the proposed rule change reflects this the following methods: enhancing order execution competitive environment because it opportunities for member organizations. Electronic Comments permits impacted member organizations • As a result, the Exchange believes that to continue to conduct market-making Use the Commission’s internet the proposed change furthers the operations on the Exchange and avoid comment form (http://www.sec.gov/ Commission’s goal in adopting unintended costs of doing business on rules/sro.shtml); or • Send an email to rule-comments@ Regulation NMS of fostering integrated the Exchange while the Trading Floor is sec.gov. Please include File Number SR– competition among orders, which not fully open, which could make the NYSE–2021–19 on the subject line. promotes ‘‘more efficient pricing of Exchange a less competitive venue on individual stocks for all types of orders, which to trade as compared to other Paper Comments large and small.’’ 18 equities markets. In reducing this • Intramarket Competition. The Send paper comments in triplicate monthly financial burden, the proposed proposed continued waiver of to: Secretary, Securities and Exchange change would allow affected equipment and related service fees and Commission, 100 F Street NE, participants to reallocate funds to assist the applicable monthly trading license Washington, DC 20549–1090. with the cost of shifting and fee for Qualified Firms is designed to All submissions should refer to File maintaining their prior fully staffed on- reduce monthly costs for those Floor Number SR–NYSE–2021–19. This file Floor operations to off-Floor. Absent participants whose operations continue number should be included on the this change, Qualifying Firms may to be impacted by the COVID–19 subject line if email is used. To help the experience an unintended increase in pandemic despite the fact that the Commission process and review your the cost of doing business on the Trading Floor has partially reopened. In comments more efficiently, please use Exchange, which would make the reducing this monthly financial burden, only one method. The Commission will Exchange a less competitive venue on the proposed change would allow post all comments on the Commission’s which to trade as compared to other Qualifying Firms that had Floor internet website (http://www.sec.gov/ options exchanges. operations in March 2020 to reallocate rules/sro.shtml). Copies of the funds to assist with the cost of shifting C. Self-Regulatory Organization’s submission, all subsequent and maintaining their previously on- Statement on Comments on the amendments, all written statements Floor operations to off-Floor. Absent Proposed Rule Change Received From with respect to the proposed rule this change, all Qualifying Firms may Members, Participants, or Others change that are filed with the experience an unintended increase in No written comments were solicited Commission, and all written the cost of doing business on the or received with respect to the proposed communications relating to the Exchange, given that the Trading Floor rule change. proposed rule change between the has only reopened in a limited capacity. Commission and any person, other than The Exchange believes that the III. Date of Effectiveness of the those that may be withheld from the proposed waiver of fees for Qualifying Proposed Rule Change and Timing for public in accordance with the Firms would not impose a disparate Commission Action provisions of 5 U.S.C. 552, will be burden on competition among market The foregoing rule change is effective available for website viewing and participants on the Exchange because upon filing pursuant to Section printing in the Commission’s Public off-Floor market participants are not 19(b)(3)(A) 19 of the Act and Reference Room, 100 F Street NE, subject to these Floor-based fixed fees. subparagraph (f)(2) of Rule 19b–4 20 Washington, DC 20549 on official In addition, Floor-based firms that are thereunder, because it establishes a due, business days between the hours of not subject to the extent of staffing fee, or other charge imposed by the 10:00 a.m. and 3:00 p.m. Copies of the shortfalls as are Qualifying Firms, i.e., Exchange. filing also will be available for firms that have more than 50% of their At any time within 60 days of the inspection and copying at the principal March 2020, or Exchange-approved filing of such proposed rule change, the office of the Exchange. All comments received will be posted without change. 17 15 U.S.C. 78f(b)(8). 19 15 U.S.C. 78s(b)(3)(A). 18 Regulation NMS, 70 FR at 37498–99. 20 17 CFR 240.19b–4(f)(2). 21 15 U.S.C. 78s(b)(2)(B). VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16801 Persons submitting comments are the proposed rule change and discussed instances of ‘‘Professional’’ interest with cautioned that we do not redact or edit any comments it received on the ‘‘non-Priority Customer’’ interest personal identifying information from proposed rule change. The text of these throughout its auction allocation rules comment submissions. You should statements may be examined at the in Options 3, Section 11 and Section 13 submit only information that you wish places specified in Item IV below. The to align with the changes made in SR– to make available publicly. All Exchange has prepared summaries, set GEMX–2019–10.10 While the term submissions should refer to File forth in sections A, B, and C below, of ‘‘Professional Orders’’ is defined within Number SR–NYSE–2021–19 and should the most significant aspects of such Options 1, Section 1(a)(38) as an order be submitted on or before April 21, statements. that is for the account of a person or entity that is not a Priority Customer, 2021. A. Self-Regulatory Organization’s For the Commission, by the Division of the Exchange believes that using the Statement of the Purpose of, and term ‘‘non-Priority Customer’’ is more Trading and Markets, pursuant to delegated Statutory Basis for, the Proposed Rule 22 clear in describing the types of market authority. Change J. Matthew DeLesDernier, participant to which the allocation Assistant Secretary. 1. Purpose applies, and also reduces confusion regarding any reference to Professional [FR Doc. 2021–06558 Filed 3–30–21; 8:45 am] The purpose of the proposed rule change is to amend various rules in Orders or Professional Customer orders. BILLING CODE 8011–01–P In addition, the Exchange proposes to Options 3. The proposed changes make universal changes in its consist of conforming existing rules to Facilitation and Solicitation rules 11 to SECURITIES AND EXCHANGE current System technology, amending clearly delineate between orders and COMMISSION rule text to add greater detail on how Responses 12 of the same capacity. For certain Exchange functionality operate [Release No. 34–91408; File No. SR–GEMX– example, where the existing rule text today. Furthermore, the proposed 2021–01] currently states ‘‘Priority Customer bids changes are intended to harmonize the (offers),’’ the Exchange proposes instead Self-Regulatory Organizations; Nasdaq Exchange’s rules where appropriate to state ‘‘Priority Customer Orders and GEMX, LLC; Notice of Filing and with the rules of the Exchange’s Priority Customer Responses to buy Immediate Effectiveness of Proposed affiliated options markets, including by (sell).’’ The Exchange notes that this is Rule Change To Amend Various Rules using consistent language to describe merely a non-substantive change as in Options 3 identical functionality.3 As such, no auction orders and Responses of the System changes to existing functionality same capacity do not get treated March 25, 2021. are being made pursuant to this differently for allocation purposes Pursuant to Section 19(b)(1) of the proposal. Rather, this proposal is today. With the proposed changes, the Securities Exchange Act of 1934 designed to reduce any potential 1 2 Exchange is merely seeking to bring (‘‘Act’’), and Rule 19b–4 thereunder, investor confusion as to the features and greater transparency around how notice is hereby given that on March 12, applicability of certain functionality allocation takes place in those auction 2021, Nasdaq GEMX, LLC (‘‘GEMX’’ or presently available on the Exchange. mechanisms today. ‘‘Exchange’’) filed with the Securities These changes are described in detail and Exchange Commission below, and include amending Exchange Block Order Mechanism (‘‘Commission’’) the proposed rule rules governing: (1) The Block Order The Exchange proposes minor change as described in Items I, II, and Mechanism (‘‘Block’’),4 (2) the III, below, which Items have been changes to the current descriptions of Facilitation Mechanism the Block execution and allocation prepared by the Exchange. The (‘‘Facilitation’’),5 (3) the Solicited Order Commission is publishing this notice to process in Options 3, Section 11(a). As Mechanism (‘‘Solicitation’’),6 (4) the discussed below, the proposed Block solicit comments on the proposed rule Price Improvement Mechanism change from interested persons. changes are non-substantive in nature, (‘‘PIM’’),7 and (5) Anti-Internalization.8 and are intended to harmonize with the I. Self-Regulatory Organization’s Universal Changes Block rule on its affiliated market, BX Statement of the Terms of Substance of Options (‘‘BX’’) in order to ensure rule In September 2019, the Exchange the Proposed Rule Change consistency between the Exchange and amended its regular allocation rule in its affiliate offering identical The Exchange proposes to amend Options 7, Section 10 (Priority of Quotes various rules in Options 3. functionality. and Orders) to make non-substantive First, the Exchange proposes to add The text of the proposed rule change changes, among other changes, to is available on the Exchange’s website at ‘‘up to the size of the block order’’ at the replace references to Professional end of subsection (a)(2)(i). As amended, https://listingcenter.nasdaq.com/ interest with non-Priority Customer rulebook/gemx/rules, at the principal 9 the rule will provide that bids (offers) interest. The Exchange now proposes on the Exchange at the time the block office of the Exchange, and at the to make similar changes to replace all Commission’s Public Reference Room. order is time the block order is executed 3 The Exchange’s affiliate, Nasdaq ISE, LLC II. Self-Regulatory Organization’s 10 Specifically in Options 3, Section 11, the (‘‘ISE’’) recently filed a substantially similar rule Statement of the Purpose of, and Exchange will amend current subsections (a)(2)(ii), change as part of this exercise. See Securities (b)(3)(i)–(iii) (renumbered to (b)(4)(i)–(iii) under this Statutory Basis for, the Proposed Rule Exchange Act Release No. 91223 (February 26, proposal), and (d)(2)(iii) (renumbered to (d)(3)(iii) Change 2021) (SR–ISE–2021–01). under this proposal). In Options 3, Section 13, the 4 In its filing with the Commission, the See Options 3, Section 11(a). Exchange will amend current subsections (d)(1)–(3). 5 Exchange included statements See Options 3, Section 11(b). 11 Specifically in Options 3, Section 11, 6 See Options 3, Section 11(d). concerning the purpose of and basis for subsections (b)(3)(i)–(iii) (renumbered to (b)(4)(i)– 7 See Options 3, Section 13. (iii)), and (d)(2)(i) and (iii) (renumbered to (d)(3)(i) 8 See Options 3, Section 15(a)(3)(A). and (iii)) will be updated. 22 17 CFR 200.30–3(a)(12). 9 See Securities Exchange Act Release No. 86946 12 A ‘‘Response’’ is an electronic message that is 1 15 U.S.C. 78s(b)(1). (September 12, 2019), 84 FR 49158 (September 18, sent by Members in response to a broadcast 2 17 CFR 240.19b–4. 2019) (SR–GEMX–2019–10). message. See Options 3, Section 11. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16802 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices that are priced higher (lower) than the block order, while Priority Customer amend the rule to provide that the block execution price, as well as Responses 1 and 2, which are priced at facilitating Member will be allocated up Responses that are priced higher (lower) the block execution price, would to forty percent (40%) (or such lower than the block execution price, will be participate in price time priority—i.e., percentage requested by the Member) of executed in full at the block execution the remaining 40 contracts would go to the original size of the facilitation order. price up to the size of the block order. Response 1, which was received before If the Member requests a lower The Exchange is making this non- Response 2. allocation percentage, the contra-side substantive change to align with BX’s order would receive an allocation Facilitation Mechanism Block rule,13 which will ensure rule consistent with the percentage consistency for identical functionality The Exchange proposes a number of requested by the Member. Regardless of across affiliated markets. The language changes to its Facilitation rule, none of the Member’s request, the contra-side states that better priced interest gets which will change the current operation order would still be responsible for executed in full only if there is of this technology offering. executing up to the full size of the sufficient size to execute against such In Options 3, Section 11(b), the agency order if there is not enough interest, which is how block orders are Exchange proposes to add new interest to execute the agency order at executed and priced on the Exchange subsection (b)(1),15 which will provide a particular price.17 and BX today. that Orders must be entered into the The Exchange also proposes to more Second, the Exchange proposes a non- Facilitation Mechanism at a price that is accurately describe Facilitation’s auto- substantive change in the first sentence (A) equal to or better than the NBBO on match functionality, which provides an of subsection (a)(2)(ii) to replace ‘‘first the same side of the market as the enhanced price improvement and in time priority’’ with ‘‘first in price agency order unless there is a Priority opportunity for the agency order by time priority.’’ As amended, the rule Customer order on the same side permitting the contra-side order to will provide that at the block execution Exchange best bid or offer, in which further participate in the cross by auto- price, Priority Customer Orders and case the order must be entered at an matching the price and size of Priority Customer Responses will be improved price; and (B) equal to or competing interest providing price executed first in price time priority. This better than the ABBO 16 on the opposite improvement from other market is not a change to the current Block side. Orders that do not meet these participants. The Exchange adopted allocation methodology, but rather a requirements are not eligible for the Facilitation (and its auto-match non-substantive change for better Facilitation Mechanism and will be functionality) as part of its application readability, and to align with BX’s Block rejected. The Exchange is not proposing to be registered as a national securities rule 14 in order to ensure rule any other changes to the current entry exchange.18 In approving Facilitation, consistency for identical functionality requirements for Facilitation. The new the Commission noted that it was across affiliated markets. Block orders subsection (b)(1) would simply provide largely based on similar functionality will continue to trade at a single additional detail about Facilitation’s offered by ISE.19 The rule currently execution price that allows the existing entry checks. provides that upon entry of an order maximum number of contracts of the Example 2 into the Facilitation Mechanism, the block order to be executed against both facilitating Electronic Access Member the Responses entered to trade against Assume the following market: can elect to automatically match the the order and unrelated interest on the Exchange BBO: 1 × 2 (also NBBO) price and size of orders, quotes and × Exchange’s order book. CBOE: 0.75. 2.25 (next best exchange responses received during the exposure quote) period up to a specified limit price or Example 1 Facilitation order is entered to buy 50 without specifying a limit price. In this Block order is entered to buy 50 contracts @ 2.05 case, the facilitating Electronic Access contracts @1.50 No Responses are received. Member will be allocated its full size at The following Responses are received: The Facilitation order executes with each price point, or at each price point Priority Customer Response 1 to sell 40 resting 50 lot quote @2. In this instance, within its limit price is a limit is contracts @ 1.40 the Facilitation order is able to begin specified, until a price point is reached Priority Customer Response 2 to sell 10 crossed with the contra side Exchange contracts @ 1.40 BBO because in execution, the resting 17 Other options exchanges such as BX provide Priority Customer Response 3 to sell 10 50 lot quote @2 is able to provide price similar functionality that allows members using an auction mechanism to configure allocation priority. contracts @ 1.39 improvement to the facilitation order. In renumbered subsection (b)(3), the See, e.g., BX Options 3, Section 13, which provides The block execution price would be a similar feature for the BX Options Price Exchange proposes to replace the words $1.40 (i.e., the price at which the Improvement Auction (‘‘PRISM’’) called ‘‘must not exceed’’ with ‘‘will only be ‘‘Surrender.’’ ISE also recently amended its maximum number of contracts could be considered up to.’’ This change more Facilitation rule in ISE Options 3, Section 11(b), executed) and would be executed as accurately describes current behavior in which governs identical functionality on ISE as the follows: Exchange’s Facilitation Mechanism, to make the that the System will cap Responses to Block order trades 10 with Priority same change as proposed herein. See supra note 3. the size of the auction for purposes of 18 See Securities Exchange Act Release No. 70050 Customer Response 3 @1.40 allocation methodology. (July 26, 2013), 78 FR 46622 (August 1, 2013) (File Block order trades 40 with Priority In renumbered subsections (b)(4)(ii) No. 10–209). Customer Response 1 @1.40 and (b)(4)(iii), the Exchange proposes to 19 ISE adopted its auto-match functionality in As shown above, Priority Customer 2010. See Securities Exchange Act Release No. 62644 (August 4, 2010), 75 FR 48395 (August 10, Response 3 would be executed in full 15 As a result, current subsections (b)(1)–(3) will 2010) (SR–ISE–2010–61) (‘‘Auto-Match Filing’’). As since it is priced better than the block be renumbered as (b)(2)–(4). The Exchange will also discussed later in this filing, the Auto-Match Filing execution price and there is sufficient renumber current subsection (b)(3)(iv) as subsection also introduced the auto-match feature on ISE’s size to execute Response 3 against the (b)(5). PIM, which is functionally identical to the 16 The term ‘‘Away Best Bid or Offer’’ or ‘‘ABBO’’ Exchange’s PIM. As such, the Exchange is means the displayed National Best Bid or Offer not proposing to make similar changes in PIM’s auto- 13 See BX Options 3, Section 11(a)(2)(A). including the Exchange’s Best Bid or Offer. See match rule as proposed for Facilitation’s auto-match 14 See BX Options 3, Section 11(a)(2)(B). Options 1, Section 1(a)(4). rule. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16803 where the balance of the order can be Customer order on the Exchange best System currently permits Members fully executed.20 The Exchange bid or offer, the order must be entered entering orders into PIM to elect to proposes to state that if a Member elects at an improved price. Orders that do not receive a percentage allocation that is to auto-match, the facilitating Electronic meet these requirements are not eligible less than 40%, although the current rule Access Member will be allocated the for the Solicited Order Mechanism and is silent in this regard. If the Member aggregate size of all competing quotes, will be rejected. The Exchange is not requests a lower allocation percentage, orders, and Responses (instead of ‘‘its proposing any other changes to the the Counter-Side Order would receive full size’’) at each price point, or at each current entry requirements for an allocation consistent with the price point up to the specified limit Solicitation. The new subsection (d)(1) percentage requested by the Member. price (instead of ‘‘within its limit price’’) would simply provide additional detail Regardless of the Member’s request, the if a limit is specified, until a price point about Solicitation’s existing entry Counter-Side Order would still be is reached where the balance of the checks. responsible for executing up to the full order can be fully executed. The size of the agency order if there is not Example 3 Exchange believes that the modified enough interest to execute the agency language more accurately explains how Assume the following market: order at a particular price.25 the functionality works today, and Exchange BBO: 1 × 2 (also NBBO) The Exchange also proposes to more better aligns with how this feature is CBOE: 0.75. × 2.25 (next best exchange accurately describe PIM’s auto-match described in the Auto-Match Filing.21 quote) functionality in a similar manner as Lastly, the Exchange proposes to add Solicitation order is entered to buy 500 Facilitation’s auto-match functionality, at the end of Supplementary Material contracts @2.05 as discussed above. In this instance, the .01 to Options 3, Section 11 that any The Solicitation order is rejected Exchange proposes to amend the third solicited contra orders entered by upon entry for being crossed with the sentence of subsection (d)(3) to provide: Members into the Facilitation NBBO on the contra side. In contrast to ‘‘If a Member elects to auto-match, the Mechanism to trade against Agency Example 2 above for Facilitation, the Counter-Side Order will be allocated the Orders may not be for the account of an Solicitation order in this instance is not aggregate size of all competing quotes, Exchange Market Maker that is assigned able to begin crossed with the contra orders, and Responses at each price to the options class.22 This language was side Exchange BBO because of the all- point up to the specified limit price if included in the approval order to SR– or-none contingency of the Solicitation a limit is specified, until a price point ISE–2006–78 to allow solicited order.24 is reached where the balance of the transactions in ISE’s Facilitation order can be fully executed.’’ Similar to Price Improvement Mechanism Mechanism. As discussed above, the the proposed amendments to Exchange’s Facilitation Mechanism is The Exchange proposes a number of Facilitation’s auto-match, the Exchange functionally identical to ISE’s changes to the PIM rule, none of which believes that the proposed language for Facilitation Mechanism. As such, the will change the current operation of this PIM’s auto-match more clearly explains Exchange seeks to import the same technology offering. As noted above, how the functionality works today, and prohibition into the Exchange’s rule text many of these modifications are similar better aligns with how this feature is for greater transparency. to the changes proposed for Facilitation. described in the Auto-Match Filing. The Exchange proposes in Options 3, The Exchange further proposes Solicited Order Mechanism Section 13(b)(2) to delete ‘‘national best technical amendments in subsection The Exchange proposes the below bid or offer’’ as NBBO is already defined (d)(3) to replace all instances of changes to its Solicitation rule, none of in subsection (b)(1) above. The ‘‘Counter-Side order’’ as ‘‘Counter-Side which will change the current operation Exchange proposes in subsection (c)(2) Order’’ to use the correct terminology. of this technology offering. to provide that responses in the PIM Anti-Internalization In Options 3, Section 11(d), the (i.e., ‘‘Improvement Orders’’) will only Exchange proposes to add new be considered up to the size of the The Exchange proposes to amend its subsection (d)(1),23 which will provide Agency Order. The proposed anti-internalization (‘‘AIQ’’) rule in that orders must be must be entered into amendment will specify that the System Options 3, Section 15(a)(3)(A). the Solicited Order Mechanism at a will cap the size of the Improvement Specifically, the Exchange proposes to price that is equal to or better than the Orders to the auction size for purposes add that AIQ does not apply during the NBBO on both sides of the market; of the allocation methodology. This is opening process or reopening process provided that, if there is a Priority similar to the change proposed above for following a trading halt pursuant to Facilitation. The Exchange also Options 3, Section 8 to provide more 20 See Options 3, Section 11(b)(3)(iii) proposes in subsection (c)(3) to amend specificity on how this functionality (renumbered to Section 11(b)(4)(iii) under this the internal numbering from (1) and (2) currently operates. The Exchange notes proposal). to (i) and (ii) for greater numbering that the same procedures used during 21 The Auto-Match Filing describes the auto- the opening process are used to reopen match feature as allowing the initiating member to consistency within the PIM rule. submit a contra-side order that will automatically In subsection (d)(3), which describes an option series after a trading halt, and match the price and size set forth by the competing how allocation and execution takes therefore proposes to specify that AIQ interest from other market participants (i.e., auction place in PIM, the Exchange proposes will not apply during an Opening responses, quotes, and orders) at any price level Process (i.e., the opening and halt during the auction or up to a specified limit price that the Counter-Side Order will be if a limit is specified. allocated the greater of one contract or reopening process) in addition to an 22 See Securities Exchange Act Release No. 55557 40% (or such lower percentage auction, as currently within the Rule. (March 29, 2007), 72 FR 16838 (April 5, 2007) (SR– requested by the Member) of the initial AIQ is unnecessary during an Opening ISE–2006–78) (Order Granting Approval of size of the Agency Order. Similar to Process due to the high level of control Proposed Rule Change Relating to Facilitation that Market Makers exercise over their Mechanism). Facilitation as discussed above, the 23 As a result, current paragraphs (d)(1)–(3) will quotes during this process. The be renumbered accordingly. The Exchange will also 24 See Options 3, Section 11(d) (requiring that renumber current paragraph (d)(2)(iv) as paragraph each Solicitation order be designated as all-or- 25 As noted above, BX has a similar feature called (d)(4). none). Surrender for its PRISM auction. See supra note 17. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16804 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices proposed changes will align the persons engaged in facilitating maintaining and protecting the priority Exchange’s AIQ rule with BX’s AIQ transactions in securities and would of Priority Customer orders, while still rule, which sets forth materially remove impediments to and perfect the affording the opportunity for all market identical functionality.26 mechanism of a free and open market participants to seek liquidity and and a national market system. The potential price improvement during Technical Amendments Exchange also believes that more each Block auction commenced on the The Exchange proposes two technical consistent rules will increase the Exchange. As noted above, the Exchange changes in the Supplementary Material understanding of the Exchange’s is not proposing any changes to the to Options 3, Section 11. First, the operations for Members that are also current execution or allocation Exchange proposes in Supplementary members on the Exchange’s affiliates, methodology but believes that the Material .03 to update an incorrect thereby contributing to the protection of changes will promote consistency with cross-cite from Options 3, Section 22(d) investors and the public interest. the rulebook of its affiliated exchange to Section 22(b), which limits principal Specifically, the Exchange believes BX, which offers identical transactions. Second, the Exchange that the proposed universal changes to functionality.30 proposes in Supplementary Material .05 replace all instances of Professional Similarly, the Exchange believes that to update the reference to ‘‘Block interest with non-Priority Customer specifying the entry checks for Mechanism’’ to ‘‘Block Order interest throughout the Exchange’s Facilitation and Solicitation is Mechanism’’ to use the correct auction allocation rules will add greater consistent with the protection of terminology. consistency within the Exchange’s rules. investors and the public interest by Lastly, the Exchange proposes to As discussed above, the Exchange bringing more transparency around how retitle General 4 (currently titled previously made the same modifications the entry checks operate today. The ‘‘Regulation’’) to ‘‘Registration within its standard allocation rule in Exchange is not amending the current Requirements’’ to harmonize its General Options 7, Section 10, so the proposed Facilitation and Solicitation entry Rule titles with that of its affiliates The changes will promote more consistent checks; rather, the proposed changes are Nasdaq Stock Market LLC and Nasdaq terminology in the rules and make them simply intended to add a more robust BX, Inc. easier for market participants to description of current System behavior navigate and comprehend. The in the Exchange’s rules. The Exchange 2. Statutory Basis Exchange also believes that using the also believes it is appropriate to require The Exchange believes that its term ‘‘non-Priority Customer’’ reduces that the Facilitation order be entered at proposal is consistent with Section 6(b) any potential confusion regarding any an improved price if there is a Priority of the Act,27 in general, and furthers the reference to Professional Orders or Customer order on the same side objectives of Section 6(b)(5) of the Act,28 Professional Customer orders. In Exchange best bid or offer as the agency in particular, in that it is designed to addition, the Exchange believes that order. The Exchange believes this will promote just and equitable principles of clearly delineating between orders and ensure a fair and orderly market by trade, to remove impediments to and Reponses of the same capacity in the maintaining priority of orders and perfect the mechanism of a free and Facilitation and Solicitation rules will quotes and protecting Priority Customer open market and a national market bring clarity and transparency around orders, while still affording the system, and, in general to protect how allocation takes place in those opportunity to seek liquidity and for investors and the public interest. auction mechanisms today. The potential price improvement during The Exchange believes that its Exchange is simply adding more each Facilitation auction commenced on proposal is consistent with the granularity within its rules and the Exchange. For the same reasons, the protection of investors and public specifying the capacity of such order or Exchange believes that it is appropriate interest as all of the proposed changes Response. As noted above, the Exchange to require that the Solicitation order be will increase transparency around how is not changing the current allocation entered at an improved price if there is various existing Exchange mechanisms methodology, and auction orders and a Priority Customer order on the work today. As such, no System changes Responses of the same capacity do not Exchange best bid or offer. to existing functionality are being made get treated differently for allocation The proposed changes to replace pursuant to this proposal. Rather, this purposes today. ‘‘must not exceed’’ with ‘‘will only be proposal is designed to reduce any The Exchange believes that the considered up to’’ in the Facilitation potential investor confusion as to the proposed changes to the Block rule are and PIM rules are intended to more features and applicability of certain consistent with the protection of accurately describe that the System will functionality presently available on the investors and the public interest as the cap the size of Responses to the size of Exchange. modifications will more accurately the agency order for purposes of Furthermore, the proposed changes reflect the handling of auctions in allocation. The Exchange is not seek to provide greater harmonization Block, specifically as it relates to amending current System behavior; between the rules of the Exchange and execution and allocation. The proposed rather, the modifications will more its affiliates.29 The Exchange believes changes will specify that better priced clearly articulate the handling of that these harmonizing changes would interest entered into Block gets executed Responses by the System. result in greater uniformity, and in full only if there is sufficient size to The Exchange believes that its ultimately less burdensome and more execute against such interest, and that proposal to specify in the Facilitation efficient regulatory compliance by Priority Customer interest gets executed and PIM rules that an initiating Member market participants. As such, the first in price time priority. This may elect to receive a percentage proposed rule change would foster specificity will be helpful to market allocation lower than 40% is consistent cooperation and coordination with participants utilizing Block and provide with the Act. This feature provides an greater certainty as to how their Block initiating Member that submits an order 26 See BX Options 3, Section 15(c)(1). orders will be executed and allocated. into Facilitation or PIM with the 27 15 U.S.C. 78f(b). The Exchange also believes that the flexibility to configure its allocation 28 15 U.S.C. 78f(b)(5). proposed changes will continue to 29 See supra note 3. ensure a fair and orderly market by 30 See supra notes 13–14, and accompanying text. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16805 percentage up to the full 40% prevents Market Makers from trading among the various markets for auction entitlement. The Exchange notes that against their own quotes and orders. execution, potentially resulting in more regardless of the Member’s instruction, While the Exchange believes that this active trading in auction mechanisms the contra-side order would still be protection is useful for Market Makers across all options exchanges. responsible for executing up to the full to manage their trading during regular C. Self-Regulatory Organization’s size of the agency order if there is not market hours, applying AIQ is Statement on Comments on the enough interest to execute the agency unnecessary during an Opening Process Proposed Rule Change Received From order at a particular price. The due to the high level of control that Members, Participants, or Others Exchange continues to believe that the Market Makers already exercise over 40% allocation entitlement is consistent their quotes during this process. No written comments were either with the statutory standards for Furthermore, the proposed AIQ changes solicited or received. competition and free and open markets will promote consistency with the III. Date of Effectiveness of the by promoting price competition within rulebook of its affiliated exchange BX, Proposed Rule Change and Timing for Facilitation and PIM as Members would which offers identical functionality.34 Commission Action still have a reasonable opportunity to The Exchange further believes that the compete for a significant percentage of technical changes it is proposing Because the foregoing proposed rule the incoming order. The Exchange also throughout Options 3 are non- change does not: (i) Significantly affect notes that the configurable 40% substantive changes intended to the protection of investors or the public allocation entitlement for Facilitation enhance the accuracy of the Exchange’s interest; (ii) impose any significant and PIM is consistent with the Rulebook, which will alleviate potential burden on competition; and (iii) become configurable allocation entitlements in confusion as to the applicability of its operative for 30 days from the date on place on its affiliated exchanges.31 rules. As discussed above, these changes which it was filed, or such shorter time Accordingly, the Exchange believes that consist of updating cross-cites and using as the Commission may designate, it has the proposed changes will promote correct terminology. Lastly, the become effective pursuant to Section 36 consistency across the rulebooks of Exchange believes that the harmonizing 19(b)(3)(A)(iii) of the Act and exchanges offering identical change to retitle General 4, as discussed subparagraph (f)(6) of Rule 19b–4 37 functionality. above, will serve to further harmonize thereunder. With respect to the proposed changes its Rule titling with that of its affiliates, At any time within 60 days of the to the Facilitation and PIM auto-match thereby promoting efficiency and filing of the proposed rule change, the feature, the Exchange is amending the conformity of its processes with those of Commission summarily may current rule text so that it more its affiliated exchanges. temporarily suspend such rule change if accurately explains how the Exchange it appears to the Commission that such will allocate an order designated for B. Self-Regulatory Organization’s action is necessary or appropriate in the auto-match today. As discussed above, Statement on Burden on Competition public interest, for the protection of the Exchange is not making any The Exchange does not believe that investors, or otherwise in furtherance of substantive changes to the allocation the proposed rule change will impose the purposes of the Act. If the procedure itself; rather the proposed any burden on competition not Commission takes such action, the changes are intended to better align how necessary or appropriate in furtherance Commission shall institute proceedings this feature is described in the Auto- of the purposes of the Act. As indicated to determine whether the proposed rule Match Filing.32 Similarly, the Exchange above, no System changes to existing should be approved or disapproved. believes that the proposed change in functionality are being made pursuant IV. Solicitation of Comments Supplementary Material .01 to Options to this proposal; rather, this proposal is 3, Section 11 to add the provision that designed to reduce any potential Interested persons are invited to any solicited contra orders entered by investor confusion as to the features and submit written data, views, and Members into the Facilitation applicability of certain functionality arguments concerning the foregoing, Mechanism to trade against Agency presently available on the Exchange. including whether the proposed rule Orders may not be for the account of an Therefore, the proposed changes are change is consistent with the Act. Exchange Market Maker that is assigned designed to enhance clarity and Comments may be submitted by any of to the options class will better align the consistency in the Exchange’s Rulebook. the following methods: rule text with SR–ISE–2006–78. As Furthermore, many of the proposed Electronic Comments discussed above, this restriction was changes seek to provide greater • Use the Commission’s internet included in the approval order to the harmonization between the rules of the comment form (http://www.sec.gov/ rule filing that allowed solicited Exchange and its affiliates, and therefore rules/sro.shtml); or transactions in ISE’s Facilitation promotes fair competition among the • Send an email to rule-comments@ Mechanism, which is identical to the options exchanges. In particular, the sec.gov. Please include File Number SR– Exchange’s Facilitation Mechanism, so proposed changes discussed above for GEMX–2021–01 on the subject line. the Exchange will import that language Block and AIQ are based on BX rules into the rule text for greater governing identical functionality.35 The Paper Comments transparency.33 Exchange notes that it operates in a • Send paper comments in triplicate The Exchange believes its proposal to highly competitive market in which to Secretary, Securities and Exchange provide that AIQ will not apply during market participants can readily direct an Opening Process (i.e., the opening order flow to competing venues who 36 15 U.S.C. 78s(b)(3)(A)(iii). process or halt reopening process) will offer similar functionality. The 37 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– more accurately state how this Exchange believes that the proposed 4(f)(6) requires a self-regulatory organization to give functionality currently operates. AIQ rule change will enhance competition the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule 31 See supra note 17. 34 See supra note 26. change, or such shorter time as designated by the 32 See supra note 21. 35 See BX Options 3, Section 11(a) (Block) and Commission. The Exchange has satisfied this 33 See supra note 22. Section 15(c)(1) (AIQ). requirement. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16806 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices Commission, 100 F Street NE, (‘‘Act’’),1 and Rule 19b–4 thereunder,2 System changes to existing functionality Washington, DC 20549–1090. notice is hereby given that on March 12, are being made pursuant to this All submissions should refer to File 2021, Nasdaq MRX, LLC (‘‘MRX’’ or proposal. Rather, this proposal is Number SR–GEMX–2021–01. This file ‘‘Exchange’’) filed with the Securities designed to reduce any potential number should be included on the and Exchange Commission (‘‘SEC’’ or investor confusion as to the features and subject line if email is used. To help the ‘‘Commission’’) the proposed rule applicability of certain functionality Commission process and review your change as described in Items I, II, and presently available on the Exchange. comments more efficiently, please use III, below, which Items have been These changes are described in detail only one method. The Commission will prepared by the Exchange. The below, and include amending Exchange post all comments on the Commission’s Commission is publishing this notice to rules governing: (1) The Block Order internet website (http://www.sec.gov/ solicit comments on the proposed rule Mechanism (‘‘Block’’),4 (2) the rules/sro.shtml). Copies of the change from interested persons. Facilitation Mechanism 5 submission, all subsequent I. Self-Regulatory Organization’s (‘‘Facilitation’’), (3) the Solicited Order 6 amendments, all written statements Statement of the Terms of Substance of Mechanism (‘‘Solicitation’’), (4) the with respect to the proposed rule the Proposed Rule Change Price Improvement Mechanism change that are filed with the (‘‘PIM’’),7 (5) Trade Value Allowance The purpose of the proposed rule Commission, and all written (‘‘TVA’’),8 and (6) Anti-Internalization.9 change is to amend various rules in communications relating to the Options 3. Universal Changes proposed rule change between the The text of the proposed rule change In September 2019, the Exchange Commission and any person, other than is available on the Exchange’s website at those that may be withheld from the https://listingcenter.nasdaq.com/ amended its regular allocation rule in public in accordance with the rulebook/mrx/rules, at the principal Options 7, Section 10 (Priority of Quotes provisions of 5 U.S.C. 552, will be office of the Exchange, and at the and Orders) to make non-substantive available for website viewing and Commission’s Public Reference Room. changes, among other changes, to printing in the Commission’s Public replace references to Professional Reference Room, 100 F Street NE, II. Self-Regulatory Organization’s interest with non-Priority Customer Washington, DC 20549, on official Statement of the Purpose of, and interest.10 The Exchange now proposes business days between the hours of Statutory Basis for, the Proposed Rule to make similar changes to replace all 10:00 a.m. and 3:00 p.m. Copies of the Change instances of ‘‘Professional’’ interest with filing also will be available for In its filing with the Commission, the ‘‘non-Priority Customer’’ interest inspection and copying at the principal Exchange included statements throughout its auction allocation rules office of the Exchange. All comments concerning the purpose of and basis for in Options 3, Section 11 and Section 13 received will be posted without change. the proposed rule change and discussed to align with the changes made in SR– Persons submitting comments are any comments it received on the MRX–2019–17.11 While the term cautioned that we do not redact or edit proposed rule change. The text of these ‘‘Professional Orders’’ is defined within personal identifying information from statements may be examined at the Options 1, Section 1(a)(38) as an order comment submissions. You should places specified in Item IV below. The that is for the account of a person or submit only information that you wish Exchange has prepared summaries, set entity that is not a Priority Customer, to make available publicly. All forth in sections A, B, and C below, of the Exchange believes that using the submissions should refer to File the most significant aspects of such term ‘‘non-Priority Customer’’ is more Number SR–GEMX–2021–01, and statements. clear in describing the types of market should be submitted on or before April participant to which the allocation A. Self-Regulatory Organization’s 21, 2021. applies, and also reduces confusion Statement of the Purpose of, and regarding any reference to Professional For the Commission, by the Division of Statutory Basis for, the Proposed Rule Orders or Professional Customer orders. Trading and Markets, pursuant to delegated Change authority.38 In addition, the Exchange proposes to J. Matthew DeLesDernier, 1. Purpose make universal changes in its Assistant Secretary. The purpose of the proposed rule Facilitation and Solicitation rules 12 to [FR Doc. 2021–06559 Filed 3–30–21; 8:45 am] change is to amend various rules in clearly delineate between orders and BILLING CODE 8011–01–P Options 3. The proposed changes consist of conforming existing rules to 4 See Options 3, Section 11(a). current System technology, amending 5 See Options 3, Section 11(b). SECURITIES AND EXCHANGE rule text to add greater detail on how 6 See Options 3, Section 11(d). COMMISSION certain Exchange functionality operate 7 See Options 3, Section 13. today. Furthermore, the proposed 8 See Supplementary Material .03 to Options 3, [Release No. 34–91407; File No. SR–MRX– Section 14. 2021–01] changes are intended to harmonize the 9 See Options 3, Section 15(a)(3)(A). Exchange’s rules where appropriate 10 See Securities Exchange Act Release No. 86949 Self-Regulatory Organizations; Nasdaq with the rules of the Exchange’s (September 12, 2019), 84 FR 49151 (September 18, affiliated options markets, including by 2019) (SR–MRX–2019–17). MRX, LLC; Notice of Filing and 11 Immediate Effectiveness of Proposed using consistent language to describe Specifically in Options 3, Section 11, the 3 Exchange will amend current subsections (a)(2)(ii), Rule Change To Amend Various Rules identical functionality. As such, no (b)(3)(i)–(iii) (renumbered to (b)(4)(i)–(iii) under this in Options 3 proposal), (c)(7)(A)–(C), (d)(2)(iii) (renumbered to 1 15 U.S.C. 78s(b)(1). (d)(3)(iii) under this proposal), and (e)(4)(D). In March 25, 2021. 2 17 CFR 240.19b–4. Options 3, Section 13, the Exchange will amend Pursuant to Section 19(b)(1) of the 3 The Exchange’s affiliate, Nasdaq ISE, LLC current subsections (d)(1)–(3) and (e)(5)(i)–(iii). (‘‘ISE’’) recently filed a substantially similar rule 12 Specifically in Options 3, Section 11, Securities Exchange Act of 1934 change as part of this exercise. See Securities subsections (b)(3)(i)–(iii) (renumbered to (b)(4)(i)– Exchange Act Release No. 91223 (February 26, (iii)), and (d)(2)(i) and (iii) (renumbered to (d)(3)(i) 38 17 CFR 200.30–3(a)(12). 2021) (SR–ISE–2021–01). and (iii)) will be updated. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16807 Responses 13 of the same capacity. For Second, the Exchange proposes a non- Exchange received SEC approval to example, where the existing rule text substantive change in the first sentence adopt complex order functionality, currently states ‘‘Priority Customer bids of subsection (a)(2)(ii) to replace ‘‘first which included complex auction (offers),’’ the Exchange proposes instead and in time priority’’ with ‘‘first in price mechanisms like complex Facilitation.17 to state ‘‘Priority Customer Orders and time priority.’’ As amended, the rule As adopted, the complex auction rules Priority Customer Responses to buy will provide that at the block execution contain a more robust description of the (sell).’’ The Exchange notes that this is price, Priority Customer Orders and operation and applicability of this merely a non-substantive change as Priority Customer Responses will be functionality compared to the existing auction orders and Responses of the executed first in price time priority. This simple auction rules. Accordingly, the same capacity do not get treated is not a change to the current Block Exchange seeks to make aligning differently for allocation purposes allocation methodology, but rather a changes and update its simple auction today. The rules for complex non-substantive change for better mechanism rules to similarly provide Facilitation and Solicitation already readability, and to align with BX’s Block the level of detail that now exists in its 16 distinguish between orders and rule in order to ensure rule complex auction mechanism rules. The Responses, so the Exchange is simply consistency for identical functionality Exchange also proposes to more amending those complex rules to clearly across affiliated markets. Block orders accurately describe how orders will be state how, for example, Priority will continue to trade at a single allocated in Facilitation’s ‘‘auto-match’’ Customer Complex Orders and Priority execution price that allows the functionality. Customer Responses get allocated maximum number of contracts of the today 14 With the proposed changes, the block order to be executed against both In Options 3, Section 11(b), the Exchange seeks to include a similar the Responses entered to trade against Exchange proposes to add new level of detail within its simple and the order and unrelated interest on the subsection (b)(1),18 which will provide complex Facilitation and Solicitation Exchange’s order book. that Orders must be entered into the rules in order to bring transparency Facilitation Mechanism at a price that is Example 1 around how allocation takes place in (A) equal to or better than the NBBO on those auction mechanisms today. Block order is entered to buy 50 the same side of the market as the contracts @1.50 agency order unless there is a Priority Block Order Mechanism The following Responses are received: Customer order on the same side The Exchange proposes minor Priority Customer Response 1 to sell 40 Exchange best bid or offer, in which changes to the current descriptions of contracts @1.40 case the order must be entered at an the Block execution and allocation Priority Customer Response 2 to sell 10 improved price; and (B) equal to or process in Options 3, Section 11(a). As contracts @1.40 better than the ABBO 19 on the opposite discussed below, the proposed Block Priority Customer Response 3 to sell 10 side. Orders that do not meet these changes are non-substantive in nature, contracts @1.39 requirements are not eligible for the and are intended to harmonize with the The block execution price would be Facilitation Mechanism and will be Block rule on its affiliated market, BX $1.40 (i.e., the price at which the rejected. The Exchange is not proposing Options (‘‘BX’’) in order to ensure rule maximum number of contracts could be any other changes to the current entry consistency between the Exchange and executed) and would be executed as requirements for Facilitation. The new its affiliate offering identical follows: subsection (b)(1) would simply provide functionality. Block order trades 10 with Priority additional detail about simple First, the Exchange proposes to add Customer Response 3 @1.40 Facilitation’s existing entry checks, and ‘‘up to the size of the block order’’ at the Block order trades 40 with Priority align to the level of detail currently end of subsection (a)(2)(i). As amended, Customer Response 1 @1.40 within the complex Facilitation rule the rule will provide that bids (offers) 20 As shown above, Priority Customer regarding entry checks. on the Exchange at the time the block Response 3 would be executed in full order is time the block order is executed since it is priced better than the block 17 See Securities Exchange Act Release No. 85935 that are priced higher (lower) than the execution price and there is sufficient (May 24, 2019), 84 FR 25332 (May 31, 2019) (SR– block execution price, as well as MRX–2019–08) (‘‘Complex Order Filing’’). As size to execute Response 3 against the Responses that are priced higher (lower) discussed later in this filing, the Complex Order block order, while Priority Customer than the block execution price, will be Filing also adopted complex Solicitation and PIM, Responses 1 and 2, which are priced at and the Exchange is proposing to align the simple executed in full at the block execution the block execution price, would Solicitation and PIM rules with the complex rules price up to the size of the block order. where possible. participate in price time priority—i.e., The Exchange is making this non- 18 As a result, current subsections (b)(1)–(3) will the remaining 40 contracts would go to substantive change to align with BX’s be renumbered as (b)(2)–(4). The Exchange will also Response 1, which was received before renumber current subsection (b)(3)(iv) as subsection Block rule,15 which will ensure rule Response 2. (b)(5). consistency for identical functionality 19 The term ‘‘Away Best Bid or Offer’’ or ‘‘ABBO’’ across affiliated markets. The language Facilitation Mechanism means the displayed National Best Bid or Offer not including the Exchange’s Best Bid or Offer. See states that better priced interest gets The Exchange proposes a number of executed in full only if there is Options 1, Section 1(a)(4). changes to its Facilitation rule, none of 20 See Options 3, Section 11(c)(1) and (c)(2). sufficient size to execute against such which will change the current operation Complex Facilitation refers to the Exchange’s best interest, which is how block orders are of this technology offering. Many of the bid or offer instead of the NBBO or ABBO. There executed and priced on the Exchange proposed changes are intended to align is no NBBO for complex orders as complex orders and BX today. may be executed without consideration of any the simple Facilitation rule in Options prices that might be available on other exchanges 3, Section 11(b) with the complex trading the same options contracts. See Options 3, 13 A ‘‘Response’’ is an electronic message that is Facilitation rule in Options 3, Section Section 14(d). Additionally, executions of legs of sent by Members in response to a broadcast complex orders are exceptions to the prohibition on message. See Options 3, Section 11. 11(c) where relevant. In May 2019, the trade-throughs. See ISE Options 5, Section 2(b)(7) 14 See Options 3, Section 11(c)(7) and (e)(4). (incorporated by reference into the Exchange’s 15 See BX Options 3, Section 11(a)(2)(A). 16 See BX Options 3, Section 11(a)(2)(B). Rulebook). VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16808 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices Example 2 Facilitation language provides that the language more accurately explains how Assume the following market: Member will ‘‘execute at least forty the functionality works today, and × percent’’ or that the Member will ‘‘be better aligns with how this feature is Exchange BBO: 1 2 (also NBBO) allocated at least forty percent.’’ 23 The described in the Auto-Match Filing.27 CBOE: 0.75. × 2.25 (next best exchange non-substantive language proposed for For greater consistency within its quote) complex Facilitation will therefore serve Rulebook, the Exchange will also make Facilitation order is entered to buy 50 to harmonize the complex rule with the the same changes in the complex contracts @2.05 amended simple rule. Facilitation auto-match rule in Options No Responses are received. The Exchange also proposes to more 3, Section 11(c)(7)(C). The Facilitation order executes with accurately describe Facilitation’s auto- Lastly, the Exchange proposes to add resting 50 lot quote @2. In this instance, match functionality, which provides an at the end of Supplementary Material the Facilitation order is able to begin enhanced price improvement .01 to Options 3, Section 11 that any crossed with the contra side Exchange opportunity for the agency order by solicited contra orders entered by BBO because in execution, the resting permitting the contra-side order to Members into the Facilitation 50 lot quote @2 is able to provide price further participate in the cross by auto- Mechanism to trade against Agency improvement to the facilitation order. matching the price and size of Orders may not be for the account of an In renumbered subsection (b)(3), the competing interest providing price Exchange Market Maker that is assigned Exchange proposes to replace the words improvement from other market to the options class.28 This language was ‘‘must not exceed’’ with ‘‘will only be participants. The Exchange adopted included in the approval order to SR– considered up to’’ in order to align with Facilitation (and its auto-match ISE–2006–78 to allow solicited identical language in the complex functionality) as part of its application transactions in ISE’s Facilitation Facilitation rule.21 This change more to be registered as a national securities Mechanism. As discussed above, the accurately describes that the System exchange.24 In approving Facilitation, Exchange’s Facilitation Mechanism is will cap Responses to the size of the the Commission noted that it was functionally identical to ISE’s auction for purposes of allocation largely based on similar functionality Facilitation Mechanism. As such, the methodology. offered by ISE.25 The rule currently Exchange seeks to import the same In renumbered subsections (b)(4)(ii) provides that upon entry of an order prohibition into the Exchange’s rule text and (b)(4)(iii), the Exchange proposes to into the Facilitation Mechanism, the for greater transparency. amend the rule to provide that the facilitating Electronic Access Member Solicited Order Mechanism facilitating Member will be allocated up can elect to automatically match the to forty percent (40%) (or such lower price and size of orders, quotes and The Exchange proposes the below percentage requested by the Member) of responses received during the exposure changes to its Solicitation rule, none of the original size of the facilitation order. period up to a specified limit price or which will change the current operation If the Member requests a lower without specifying a limit price. In this of this technology offering. allocation percentage, the contra-side case, the facilitating Electronic Access In Options 3, Section 11(d), the order would receive an allocation Member will be allocated its full size at Exchange proposes to add new consistent with the percentage each price point, or at each price point subsection (d)(1),29 which will provide requested by the Member. Regardless of within its limit price is a limit is that orders must be must be entered into the Member’s request, the contra-side specified, until a price point is reached the Solicited Order Mechanism at a order would still be responsible for where the balance of the order can be price that is equal to or better than the executing up to the full size of the fully executed.26 The Exchange NBBO on both sides of the market; agency order if there is not enough proposes to state that if a Member elects provided that, if there is a Priority interest to execute the agency order at to auto-match, the facilitating Electronic Customer order on the Exchange best a particular price. Similar language Access Member will be allocated the bid or offer, the order must be entered indicating that the Member may request aggregate size of all competing quotes, at an improved price. Orders that do not a lower allocation percentage than 40% orders, and Responses (instead of ‘‘its meet these requirements are not eligible is currently included in the complex full size’’) at each price point, or at each for the Solicited Order Mechanism and Facilitation rule, which operate in the price point up to the specified limit will be rejected. The Exchange is not same way as the simple Facilitation in price (instead of ‘‘within its limit price’’) proposing any other changes to the this manner.22 For greater consistency if a limit is specified, until a price point current entry requirements for between its simple and complex is reached where the balance of the Solicitation. The new subsection (d)(1) Facilitation rules, the Exchange also order can be fully executed. The would simply provide additional detail proposes to make aligning, non- Exchange believes that the modified about simple Solicitation’s existing substantive changes in the complex entry checks, and align to the level of Facilitation rule to provide that the 23 Id. Member will ‘‘be allocated up to’’ forty 24 See Securities Exchange Act Release No. 76998 27 The Auto-Match Filing describes the auto- (January 29, 2016), 81 FR 6066 (February 4, 2016) match feature as allowing the initiating member to percent. The current complex (File No. 10–221). submit a contra-side order that will automatically 25 ISE adopted its auto-match functionality in match the price and size set forth by the competing 21 See Options 3, Section 11(c)(6). 2010. See Securities Exchange Act Release No. interest from other market participants (i.e., auction 22 See Options 3, Section 11(c)(7)(B) and (C). 62644 (August 4, 2010), 75 FR 48395 (August 10, responses, quotes, and orders) at any price level Other options exchanges such as BX provide similar 2010) (SR–ISE–2010–61) (‘‘Auto-Match Filing’’). As during the auction or up to a specified limit price functionality that allows members using an auction discussed later in this filing, the Auto-Match Filing if a limit is specified. mechanism to configure allocation priority. See, also introduced the auto-match feature on ISE’s 28 See Securities Exchange Act Release No. 55557 e.g., BX Options 3, Section 13, which provides a PIM, which is functionally identical to the (March 29, 2007), 72 FR 16838 (April 5, 2007) (SR– similar feature for the BX Options Price Exchange’s PIM. As such, the Exchange is ISE–2006–78) (Order Granting Approval of Improvement Auction (‘‘PRISM’’) called proposing to make similar changes in PIM’s auto- Proposed Rule Change Relating to Facilitation ‘‘Surrender.’’ ISE also recently amended its match rule as proposed for Facilitation’s auto-match Mechanism). Facilitation rule in ISE Options 3, Section 11(b), rule. 29 As a result, current paragraphs (d)(1)–(3) will which governs identical functionality on ISE as the 26 See Options 3, Section 11(b)(3)(iii) be renumbered accordingly. The Exchange will also Exchange’s Facilitation Mechanism, to make the (renumbered to Section 11(b)(4)(iii) under this renumber current paragraph (d)(2)(iv) as paragraph same change as proposed herein. See supra note 3. proposal). (d)(4). VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16809 detail currently within the complex Members entering orders into PIM to permitted to run concurrently, but that Solicitation rule regarding entry elect to receive a percentage allocation a simple PIM auction may run checks.30 that is less than 40%, although the concurrently with a complex PIM current rule is silent in this regard. If the auction. Example 3 Member requests a lower allocation Trade Value Allowance Assume the following market: percentage, the Counter-Side Order Exchange BBO: 1 × 2 (also NBBO) would receive an allocation consistent The Exchange proposes a non- CBOE: 0.75. × 2.25 (next best exchange with the percentage requested by the substantive change to amend the TVA quote) Member. Regardless of the Member’s rule in Supplementary Material .03 to Solicitation order is entered to buy 500 request, the Counter-Side Order would Options 3, Section 14 to add a cross-cite contracts @2.05 still be responsible for executing up to to the complex PIM rule in Options 3, The Solicitation order is rejected the full size of the agency order if there Section 13, which was inadvertently upon entry for being crossed with the is not enough interest to execute the omitted when the Exchange relocated NBBO on the contra side. In contrast to agency order at a particular price. the complex auctions rules in a prior 34 Example 2 above for Facilitation, the Complex PIM, which shares the same filing. In SR–MRX–2019–15, the Solicitation order in this instance is not allocation feature as simple PIM, original cross-cite within the TVA rule able to begin crossed with the contra already has this concept within the rule, was updated from Supplementary side Exchange BBO because of the all- so the proposed changes will align the Material .08 to Rule 722 to Rule 716 or-none contingency of the Solicitation simple PIM rule with the complex PIM (now Options 3, Section 11). order.31 rule.33 Supplementary Material .08 to Rule 722 The Exchange also proposes to more set forth the complex auction Price Improvement Mechanism accurately describe PIM’s auto-match mechanism rules, namely complex The Exchange proposes a number of functionality in a similar manner as Facilitation, Solicitation, and PIM. SR– changes to the PIM rule, none of which Facilitation’s auto-match functionality, MRX–2019–15 relocated complex will change the current operation of this as discussed above. In this instance, the Facilitation and Solicitation to Rule 716 technology offering. As noted above, Exchange proposes to amend the third (now Options 3, Section 11), but moved many of these modifications are similar sentence of subsection (d)(3) to provide: complex PIM to Rule 723 (now Options to the changes proposed for Facilitation. ‘‘If a Member elects to auto-match, the 3, Section 13). As such, the original The Exchange proposes in Options 3, Counter-Side Order will be allocated the cross-cite in the TVA rule should have Section 13(b)(2) to delete ‘‘national best aggregate size of all competing quotes, been updated to include complex PIM bid or offer’’ as NBBO is already defined orders, and Responses at each price in Rule 723 but was inadvertently in subsection (b)(1) above. The point up to the specified limit price if omitted. Exchange proposes in subsection (c)(2) a limit is specified, until a price point TVA is a functionality that allows complex orders to trade outside of their to provide that responses in the PIM is reached where the balance of the expected notional trade amount by a (i.e., ‘‘Improvement Orders’’) will only order can be fully executed.’’ Similar to specified amount. The amount of TVA be considered up to the size of the the proposed amendments to simple permitted may be determined by the Agency Order. The proposed Facilitation’s auto-match, the Exchange Member, or a default value determined amendment will specify that the System believes that the proposed language for by the Exchange and announced to will cap the size of the Improvement simple PIM’s auto-match more clearly Members.35 The TVA rule currently Orders to the auction size for purposes explains how the functionality works provides, however, that any amount of of the allocation methodology. This is today, and better aligns with how this TVA is permitted in auction similar to the change proposed above for feature is described in the Auto-Match mechanisms pursuant to Options 3, simple Facilitation, and also aligns to Filing. For greater consistency within its Rulebook, the Exchange will also make Section 11 when auction orders do not identical language in the complex PIM trade solely with their contra-side order. 32 the same changes in the complex PIM rule. The Exchange also proposes in The Exchange now proposes to add a subsection (c)(3) to amend the internal auto-match rule in Options 3, Section 13(e)(5)(iii). cross-cite to Options 3, Section 13 to numbering from (1) and (2) to (i) and (ii) specify that TVA also applies to for greater numbering consistency The Exchange further proposes technical amendments in subsection complex PIM auctions in this manner. within the PIM rule. The Exchange will also provide that In subsection (d)(3), which describes (d)(3) to replace all instances of ‘‘Counter-Side order’’ as ‘‘Counter-Side TVA applies to ‘‘complex’’ mechanisms how allocation and execution takes in the cited rules. These changes will place in simple PIM, the Exchange Order’’ to use the correct terminology. Lastly, the Exchange proposes to align the rule text to how TVA is proposes that the Counter-Side Order presently implemented in the System. will be allocated the greater of one provide in Supplementary Material .04 to Options 3, Section 13 that PIMs will The Exchange notes that its complex contract or 40% (or such lower auction mechanisms provide an percentage requested by the Member) of not queue or overlap in any manner, except as described in Options 3, opportunity for market participants to the initial size of the Agency Order. respond with better-priced interest that Section 11(f) and (g). Sections 11(f) and Similar to Facilitation as discussed could execute against an Agency Order. (g) set forth the governing provisions for above, the System currently permits As such, the Exchange believes that it is concurrent complex auctions and appropriate to ensure that paired orders 30 concurrent complex and simple See Options 3, Section 11(e)(1). Complex entered into complex Facilitation, Solicitation refers to the Exchange’s best bid or offer auctions. The proposed changes to add Solicitation and PIM that are broken up instead of the NBBO. As noted above, there is no in the cross-cites to Sections 11(f) and NBBO for complex orders, and executions of legs due to better-priced interest are actually of complex orders are exceptions to the prohibition (g) will make clear that two simple or of trade-throughs. See supra note 20. two complex PIM auctions are not 34 See Securities Exchange Release No. 86424 31 See Options 3, Section 11(d) (requiring that (July 22, 2019), 84 FR 36134 (July 26, 2019) (SR– each Solicitation order be designated as all-or- 33 See Options 3, Section 13(e)(5)(iii). As noted MRX–2019–15). none). above, BX has a similar feature called Surrender for 35 See Supplementary Material .03 to Options 3, 32 See Options 3, Section 13(e)(4)(i). its PRISM auction. See supra note 22. Section 14. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16810 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices executed against such better-priced of the Act,37 in general, and furthers the navigate and comprehend. The interest, and are not restricted from objectives of Section 6(b)(5) of the Act,38 Exchange also believes that using the trading due to TVA settings of one or in particular, in that it is designed to term ‘‘non-Priority Customer’’ reduces more Members. promote just and equitable principles of any potential confusion regarding any trade, to remove impediments to and reference to Professional Orders or Anti-Internalization perfect the mechanism of a free and Professional Customer orders. In The Exchange proposes to amend its open market and a national market addition, the Exchange believes that anti-internalization (‘‘AIQ’’) rule in system, and, in general to protect clearly delineating between orders and Options 3, Section 15(a)(3)(A). investors and the public interest. Reponses of the same capacity in the Specifically, the Exchange proposes to The Exchange believes that its Facilitation and Solicitation rules will add that AIQ does not apply during the proposal is consistent with the bring clarity and transparency around opening process or reopening process protection of investors and public how allocation takes place in those following a trading halt pursuant to interest as all of the proposed changes auction mechanisms. The complex Options 3, Section 8 to provide more will increase transparency around how Facilitation and Solicitation rules specificity on how this functionality various existing Exchange mechanisms currently differentiate between orders currently operates. The Exchange notes work today. As such, no System changes and Responses,41 so the Exchange is that the same procedures used during to existing functionality are being made aligning the simple rule to the level of the opening process are used to reopen pursuant to this proposal. Rather, this granularity already found in the an option series after a trading halt, and proposal is designed to reduce any complex rule while also specifying the therefore proposes to specify that AIQ potential investor confusion as to the capacity of such order or Response will not apply during an Opening features and applicability of certain within the simple and complex rules. Process (i.e., the opening and halt functionality presently available on the As noted above, the Exchange is not reopening process) in addition to an Exchange. changing the current allocation auction, as currently within the Rule. Furthermore, the proposed changes methodology, and auction orders and AIQ is unnecessary during an Opening seek to provide greater harmonization Responses of the same capacity do not Process due to the high level of control between the rules of the Exchange and get treated differently for allocation that Market Makers exercise over their its affiliates,39 and between the purposes today. quotes during this process. The Exchange’s own simple and complex The Exchange believes that the proposed changes will align the auction rules.40 The Exchange believes proposed changes to the Block rule are Exchange’s AIQ rule with BX’s AIQ that these harmonizing changes would consistent with the protection of rule, which sets forth materially result in greater uniformity, and investors and the public interest as the identical functionality.36 ultimately less burdensome and more modifications will more accurately efficient regulatory compliance by reflect the handling of auctions in Technical Amendments market participants. As such, the Block, specifically as it relates to The Exchange proposes two technical proposed rule change would foster execution and allocation. The proposed changes in the Supplementary Material cooperation and coordination with changes will specify that better priced to Options 3, Section 11. First, the persons engaged in facilitating interest entered into Block gets executed Exchange proposes in Supplementary transactions in securities and would in full only if there is sufficient size to Material .03 to update an incorrect remove impediments to and perfect the execute against such interest, and that cross-cite from Options 3, Section 22(d) mechanism of a free and open market Priority Customer interest gets executed to Section 22(b), which limits principal and a national market system. The first in price time priority. This transactions. Second, the Exchange Exchange also believes that more specificity will be helpful to market proposes in Supplementary Material .05 consistent rules will increase the participants utilizing Block and provide to update the reference to ‘‘Block understanding of the Exchange’s greater certainty as to how their Block Mechanism’’ to ‘‘Block Order operations for Members that are also orders will be executed and allocated. Mechanism’’ to use the correct members on the Exchange’s affiliates, The Exchange also believes that the terminology. thereby contributing to the protection of proposed changes will continue to Lastly, the Exchange proposes some investors and the public interest. ensure a fair and orderly market by harmonizing changes throughout its Specifically, the Exchange believes maintaining and protecting the priority Rulebook to align with the rule that the proposed universal changes to of Priority Customer orders, while still numbering and titles with that of its replace all instances of Professional affording the opportunity for all market affiliates. Specifically, the Exchange interest with non-Priority Customer participants to seek liquidity and proposes to add a new Options 4B and interest throughout the Exchange’s potential price improvement during reserve it in the Rulebook in order to auction allocation rules will add greater each Block auction commenced on the harmonize its Options Rule numbering consistency within the Exchange’s rules. Exchange. As noted above, the Exchange with that of its affiliates, Nasdaq GEMX, As discussed above, the Exchange is not proposing any changes to the LLC and Nasdaq PHLX LLC. The previously made the same modifications current execution or allocation Exchange also proposes to retitle within its standard allocation rule in methodology but believes that the General 4 (currently titled ‘‘Regulation’’) Options 7, Section 10, so the proposed changes will promote consistency with to ‘‘Registration Requirements’’ to changes will promote more consistent the rulebook of its affiliated exchange harmonize its General Rule titles with terminology in the rules and make them BX, which offers identical that of its affiliates The Nasdaq Stock easier for market participants to functionality.42 Market LLC and Nasdaq BX, Inc. Similarly, the Exchange believes that 37 15 U.S.C. 78f(b). specifying the entry checks for simple 2. Statutory Basis 38 15 U.S.C. 78f(b)(5). Facilitation and Solicitation is 39 The Exchange believes that its See supra note 3. consistent with the protection of 40 As noted above, the Exchange seeks to add proposal is consistent with Section 6(b) granularity to its simple auction rules to align with the level of detail that currently exists within its 41 See supra note 14. 36 See BX Options 3, Section 15(c)(1). complex auction rules. See supra note 17. 42 See supra notes 15–16, and accompanying text. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16811 investors and the public interest by order at a particular price. The change will reduce any potential providing greater consistency to the Exchange continues to believe that the confusion around how simultaneous level of granularity currently within the 40% allocation entitlement is consistent PIM auctions are processed by the complex Facilitation and Solicitation with the statutory standards for System. entry checks.43 The Exchange is not competition and free and open markets The Exchange believes that the amending the current entry checks for by promoting price competition within proposed change to the TVA rule is a simple Facilitation and Solicitation; Facilitation and PIM as Members would non-substantive change to say that any rather, the proposed changes are simply still have a reasonable opportunity to amount of TVA is permitted in complex intended to add a more robust compete for a significant percentage of PIM (in addition to all of the other description of current System behavior the incoming order. The Exchange also complex auction mechanisms in in the Exchange’s rules. The Exchange notes that the configurable 40% Options 3, Section 11). This is a also believes it is appropriate to require allocation entitlement for simple corrective change as the cross-cite to that the Facilitation order be entered at Facilitation and PIM is consistent with complex PIM within the TVA rule was an improved price if there is a Priority the configurable allocation entitlements inadvertently dropped in a prior filing Customer order on the same side in place on complex Facilitation and that relocated the complex auction Exchange best bid or offer as the agency PIM as well as on its affiliated rules.48 As noted above, the Exchange’s order. The Exchange believes this will exchanges.45 Accordingly, the Exchange complex auction mechanisms provide ensure a fair and orderly market by believes that the proposed changes will an opportunity for market participants maintaining priority of orders and promote consistency across the to respond with better-priced interest quotes and protecting Priority Customer rulebooks of exchanges offering that could execute against an Agency orders, while still affording the identical functionality and within its Order. Accordingly, the Exchange opportunity to seek liquidity and for own Rulebook as well. believes that it is appropriate to ensure potential price improvement during With respect to the proposed changes that paired orders entered into complex each Facilitation auction commenced on to the Facilitation and PIM auto-match Facilitation, Solicitation and PIM that the Exchange. For the same reasons, the feature, the Exchange is amending the are broken up due to better-priced Exchange believes that it is appropriate current rule text so that it more interest are actually executed against to require that the Solicitation order be accurately explains how the Exchange such better-priced interest, and are not entered at an improved price if there is will allocate an order designated for restricted from trading due to TVA a Priority Customer order on the auto-match today. As discussed above, settings of one or more Members. Exchange best bid or offer. the Exchange is not making any The Exchange believes its proposal to The proposed changes to replace substantive changes to the allocation provide that AIQ will not apply during ‘‘must not exceed’’ with ‘‘will only be procedure itself; rather the proposed an Opening Process (i.e., the opening considered up to’’ in the simple changes are intended to better align how process or halt reopening process) will Facilitation and PIM rules are intended this feature is described in the Auto- more accurately state how this to more accurately describe that the Match Filing.46 Similarly, the Exchange functionality currently operates. AIQ System will cap the size of Responses to believes that the proposed change in prevents Market Makers from trading the size of the agency order for purposes Supplementary Material .01 to Options against their own quotes and orders. of allocation. The Exchange is not 3, Section 11 to add the provision that While the Exchange believes that this amending current System behavior; any solicited contra orders entered by protection is useful for Market Makers rather, the modifications will more Members into the Facilitation to manage their trading during regular clearly articulate the handling of Mechanism to trade against Agency market hours, applying AIQ is Responses by the System. In addition, Orders may not be for the account of an unnecessary during an Opening Process the proposed changes will serve to Exchange Market Maker that is assigned due to the high level of control that harmonize the simple and complex to the options class will better align the Market Makers already exercise over auction rules, thereby resulting in rule text with SR–ISE–2006–78. As their quotes during this process. greater uniformity and ultimately less discussed above, this restriction was Furthermore, the proposed AIQ changes burdensome and more efficient included in the approval order to the will promote consistency with the regulatory compliance by market rule filing that allowed solicited rulebook of its affiliated exchange BX, participants.44 transactions in ISE’s Facilitation which offers identical functionality.49 The Exchange believes that its Mechanism, which is identical to the The Exchange further believes that the proposal to specify in the simple Exchange’s Facilitation Mechanism, so technical changes it is proposing Facilitation and PIM rules that an the Exchange will import that language throughout Options 3 are non- initiating Member may elect to receive into the rule text for greater substantive changes intended to a percentage allocation lower than 40% transparency.47 enhance the accuracy of the Exchange’s is consistent with the Act. This feature The proposed change in Rulebook, which will alleviate potential provides an initiating Member that Supplementary Material .04 to Options confusion as to the applicability of its submits an order into Facilitation or 3, Section 13 to provide that PIMs will rules. As discussed above, these changes PIM with the flexibility to configure its not queue or overlap in any manner, consist of updating cross-cites and using allocation percentage up to the full 40% except as described in Options 3, correct terminology. Lastly, the entitlement. The Exchange notes that Section 11(f) and (g) will make clear that Exchange believes that the harmonizing regardless of the Member’s instruction, two simple or complex PIM auctions are changes to add a new Options 4B in its the contra-side order would still be not permitted to run concurrently, but Rulebook and to retitle General 4, each responsible for executing up to the full that a simple PIM auction may run as discussed above, will serve to further size of the agency order if there is not concurrently with a complex PIM harmonize its Rule numbering and enough interest to execute the agency auction. The Exchange believes that this titling with that of its affiliates, thereby promoting efficiency and conformity of 43 See supra notes 20 and 30, and accompanying 45 See supra notes 22 and 33. text. 46 See supra note 27. 48 See supra note 34. 44 See supra notes 21 and 32. 47 See supra note 28. 49 See supra note 36. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16812 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices its processes with those of its affiliated At any time within 60 days of the inspection and copying at the principal exchanges. filing of the proposed rule change, the office of the Exchange. All comments Commission summarily may received will be posted without change. B. Self-Regulatory Organization’s temporarily suspend such rule change if Persons submitting comments are Statement on Burden on Competition it appears to the Commission that such cautioned that we do not redact or edit The Exchange does not believe that action is necessary or appropriate in the personal identifying information from the proposed rule change will impose public interest, for the protection of comment submissions. You should any burden on competition not investors, or otherwise in furtherance of submit only information that you wish necessary or appropriate in furtherance the purposes of the Act. If the to make available publicly. All of the purposes of the Act. As indicated Commission takes such action, the submissions should refer to File above, no System changes to existing Commission shall institute proceedings Number SR–MRX–2021–01, and should functionality are being made pursuant to determine whether the proposed rule be submitted on or before April 21, to this proposal; rather, this proposal is should be approved or disapproved. 2021. designed to reduce any potential investor confusion as to the features and IV. Solicitation of Comments For the Commission, by the Division of Trading and Markets, pursuant to delegated applicability of certain functionality Interested persons are invited to authority.53 presently available on the Exchange. submit written data, views, and Therefore, the proposed changes are arguments concerning the foregoing, J. Matthew DeLesDernier, designed to enhance clarity and including whether the proposed rule Assistant Secretary. consistency in the Exchange’s Rulebook. change is consistent with the Act. [FR Doc. 2021–06561 Filed 3–30–21; 8:45 am] Furthermore, many of the proposed Comments may be submitted by any of BILLING CODE 8011–01–P changes seek to provide greater the following methods: harmonization between the rules of the Electronic Comments Exchange and its affiliates, and therefore SMALL BUSINESS ADMINISTRATION promotes fair competition among the • Use the Commission’s internet options exchanges. In particular, the comment form (http://www.sec.gov/ Data Collection Available for Public proposed changes discussed above for rules/sro.shtml); or Comments Block and AIQ are based on BX rules • Send an email to rule-comments@ governing identical functionality.50 The sec.gov. Please include File Number SR– ACTION: 60-day notice and request for Exchange notes that it operates in a MRX–2021–01 on the subject line. comments. highly competitive market in which Paper Comments SUMMARY: The Small Business market participants can readily direct • order flow to competing venues who Send paper comments in triplicate Administration (SBA) intends to request offer similar functionality. The to Secretary, Securities and Exchange approval, from the Office of Exchange believes that the proposed Commission, 100 F Street NE, Management and Budget (OMB) for the rule change will enhance competition Washington, DC 20549–1090. collection of information described among the various markets for auction All submissions should refer to File below. The Paperwork Reduction Act execution, potentially resulting in more Number SR–MRX–2021–01. This file (PRA) requires federal agencies to active trading in auction mechanisms number should be included on the publish a notice in the Federal Register across all options exchanges. subject line if email is used. To help the concerning each proposed collection of Commission process and review your information before submission to OMB, C. Self-Regulatory Organization’s comments more efficiently, please use and to allow 60 days for public Statement on Comments on the only one method. The Commission will comment in response to the notice. This Proposed Rule Change Received From post all comments on the Commission’s notice complies with that requirement. Members, Participants, or Others internet website (http://www.sec.gov/ DATES: Submit comments on or before No written comments were either rules/sro.shtml). Copies of the June 1, 2021. submission, all subsequent solicited or received. ADDRESSES: Send all comments to amendments, all written statements Cynthia Pitts, Director, Disaster III. Date of Effectiveness of the with respect to the proposed rule Proposed Rule Change and Timing for Administrative Services, Office of change that are filed with the Disaster Assistance, Small Business Commission Action Commission, and all written Administration. Because the foregoing proposed rule communications relating to the change does not: (i) Significantly affect proposed rule change between the FOR FURTHER INFORMATION CONTACT: the protection of investors or the public Commission and any person, other than Cynthia Pitts, Director, Disaster interest; (ii) impose any significant those that may be withheld from the Administrative Services, Disaster burden on competition; and (iii) become public in accordance with the Assistance, [email protected] 202– operative for 30 days from the date on provisions of 5 U.S.C. 552, will be 205–7570, or Curtis B. Rich, which it was filed, or such shorter time available for website viewing and Management Analyst, 202–205–7030, as the Commission may designate, it has printing in the Commission’s Public [email protected]. become effective pursuant to Section Reference Room, 100 F Street NE, SUPPLEMENTARY INFORMATION: 19(b)(3)(A)(iii) of the Act 51 and Washington, DC 20549, on official Application for benefits (loan) used to subparagraph (f)(6) of Rule 19b–4 business days between the hours of determine eligibility and credit thereunder.52 10:00 a.m. and 3:00 p.m. Copies of the worthiness of small businesses or not filing also will be available for for profit organization who seek Federal 50 See BX Options 3, Section 11(a) (Block) and assistance in a declared disaster. Section 15(c)(1) (AIQ). the proposed rule change at least five business days Respondents are disaster survivors 51 15 U.S.C. 78s(b)(3)(A)(iii). prior to the date of filing of the proposed rule seeking disaster assistance. 52 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– change, or such shorter time as designated by the 4(f)(6) requires a self-regulatory organization to give Commission. The Exchange has satisfied this the Commission written notice of its intent to file requirement. 53 17 CFR 200.30–3(a)(12). VerDate Sep<11>2014 19:49 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16813 Solicitation of Public Comments at Hawarden, Iowa, to milepost 18.60 in environmental review under 49 CFR Beresford, S.D. (the Lines).1 1105.6(c) and from historic preservation SBA is requesting comments on (a) The verified notice states that D&I and reporting requirements under 49 CFR Whether the collection of information is SDDOT have negotiated terms for the 1105.8(b). necessary for the agency to properly transfer of the Lines pursuant to a sale Board decisions and notices are perform its functions; (b) whether the agreement the parties executed on available at www.stb.gov. burden estimates are accurate; (c) February 2, 2021, with closing to occur Decided: March 26, 2021. whether there are ways to minimize the following the effective date of the burden, including through the use of exemption. By the Board, Scott M. Zimmerman, Acting automated techniques or other forms of D&I certifies that its projected annual Director, Office of Proceedings. information technology; and (d) whether revenues as a result of this transaction Aretha Laws-Byrum, there are ways to enhance the quality, will not result in D&I’s becoming a Class Clearance Clerk. utility, and clarity of the information. II or Class I rail carrier, but that its [FR Doc. 2021–06635 Filed 3–30–21; 8:45 am] SBA proposes to revise the application current annual revenues exceed $5 BILLING CODE 4915–01–P form to collect information regarding million. Pursuant to 49 CFR 1150.42(e), race, ethnicity, and veteran status. if a carrier’s projected annual revenues Submission of this information is will exceed $5 million, it must, at least OFFICE OF THE UNITED STATES entirely voluntary and would not be a 60 days before this exemption is to TRADE REPRESENTATIVE factor in processing the loan. The sole become effective, post a notice of its purpose for collecting this information intent to undertake the proposed [Docket Number USTR–2021–0005] is to help SBA determine the extent to transaction at the workplace of the Proposed Action in Section 301 which businesses owned and operated employees on the affected lines, serve a Investigation of Spain’s Digital by veterans or members of racial and copy of the notice on the national Services Tax ethnic groups are benefitting from this offices of the labor unions with disaster assistance program, and employees on the affected lines, and AGENCY: Office of the United States develop strategies and policies that certify to the Board that it has done so. Trade Representative. could fill any perceived gaps and However, D&I has filed a petition for ACTION: Request for comments and expand the program’s reach. waiver of the 60-day advance labor notice of public hearing. Summary of Information Collection notice requirements. D&I’s waiver request will be addressed in a separate SUMMARY: The Office of the United PRA 3245–0017 decision. The Board will establish the States Trade Representative (USTR) effective date of the exemption in its requests written comments regarding a (1) Title: Disaster Business Loan separate decision on the waiver request. potential trade action in connection Application. D&I also certifies that the proposed with the Section 301 investigation of Description of Respondents: Disaster acquisition and operation of the Line Spain’s Digital Services Tax (DST). victims seeking disaster assistance. does not involve a provision or USTR also will convene virtual public Form Number: SBA Form 5. agreement that may limit future hearings and accept rebuttal comments Total Estimated Annual Responses: interchange with a third-party in relation to the potential action. 2,970. connecting carrier. DATES: Total Estimated Annual Hour Burden: If the notice contains false or April 21, 2021: To be assured of 6,295. misleading information, the exemption consideration, submit requests to appear is void ab initio. Petitions to revoke the at a hearing, along with a summary of Curtis Rich, exemption under 49 U.S.C. 10502(d) Management Analyst. the testimony, by this date. may be filed at any time. The filing of April 30, 2021: To be assured of [FR Doc. 2021–06587 Filed 3–30–21; 8:45 am] a petition to revoke will not consideration, submit written comments BILLING CODE 8026–03–P automatically stay the effectiveness of by this date. the exemption. Petitions for stay must May 3, 2021: Multi-jurisdictional be filed no later than April 7, 2021. virtual hearing on proposed actions. All pleadings, referring to Docket No. May 6, 2021 at 9:30 a.m.: Virtual SURFACE TRANSPORTATION BOARD FD 36497, should be filed with the hearing on Spain DST proposed action. Surface Transportation Board via e- May 10, 2021: To be assured of filing on the Board’s website. In [Docket No. FD 36497] consideration, submit multi- addition, a copy of each pleading must jurisdictional hearing rebuttal D&I Railroad Company—Acquisition be served on D&I’s representative, comments by this date. and Operation Exemption—in Lincoln Robert A. Wimbish, Fletcher & Sippel May 13, 2021: To be assured of and Union Counties, S.D., and Lyon, LLC, 29 North Wacker Drive, Suite 800, consideration, submit Spain DST Sioux, and Plymouth Counties, Iowa Chicago, IL 60606. According to D&I, this action is hearing rebuttal comments by this date. D&I Railroad Company (D&I), a Class categorically excluded from ADDRESSES: Submit documents in III rail carrier, has filed a verified notice response to this notice, including of exemption under 49 CFR 1150.41 to 1 According to the verified notice, D&I has written comments and hearing acquire from the State of South Dakota, operated the first segment of the Lines since 1982 appearance requests, through the online acting by and through its Department of and the second since 1986, pursuant to modified USTR portal: https:// certificates. See D&I R.R.—Operation—Between Transportation (SDDOT), and operate Sioux Falls, S.D. & Sioux City, Iowa—Modified Rail comments.ustr.gov/s/. approximately 68 miles of rail line, Certificate, FD 29910 (ICC served May 2, 1982); D&I FOR FURTHER INFORMATION CONTACT: For consisting of two interconnected lines: R.R.—Operation—Between Hawarden, Iowa & questions concerning the investigation, (1) From milepost 0.0 at East Wye Beresford, S.D., FD 30940 (ICC served Nov. 24, 1986). D&I states that it will give notice that it please contact Ben Allen or Patrick Switch, S.D., to milepost 49.40 in intends to terminate service under the modified Childress, Assistant General Counsels at Canton, S.D.; and (2) from milepost 0.00 certificates pursuant to 49 CFR 1150.24. (202) 395–9439 and (202) 395–9531, VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16814 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices respectively; Robert Tanner, Director, and burdens or restricts U.S. commerce, of DST payments owed by U.S. Services and Investment at (202) 395– and therefore is actionable under companies, the annual growth rate of 6125; or Michael Rogers, Director, sections 301(b) and 304(a) of the Trade such payments, and other effects, such Europe and the Middle East at (202) Act (19 U.S.C. 2411(b) and 2414(a)). See as compliance costs. 395–2684. For issues with on-line 86 FR 6407 (January 21, 2021). • The appropriate aggregate level of submissions, please contact the USTR trade to be covered by additional duties. II. Proposed Action Section 301 line at (202) 395–5725. • The level of the increase, if any, in SUPPLEMENTARY INFORMATION: Section 301(b) provides that upon the rate of duty. determining that the acts, policies, and • The specific products to be subject I. Proceedings in the Investigation practices under investigation are to increased duties, including whether Spain has adopted a DST that applies actionable and that action is the tariff subheadings listed in the a three percent tax on certain digital appropriate, the U.S. Trade Annex should be retained or removed, services revenues related to online Representative shall take all appropriate or whether tariff subheadings not advertising services, online and feasible action authorized under currently on the list should be added. intermediary services, and data section 301(c), subject to the specific In commenting on the inclusion or transmission services. Companies with direction, if any, of the President removal of particular products on the worldwide revenues of Ö750 million or regarding such action, and all other preliminary list of products subject to more and Ö3 million in certain digital appropriate and feasible action within the proposed additional duties, USTR services revenues are subject to the DST. the power of the President that the requests that commenters address On June 2, 2020, the U.S. Trade President may direct the U.S. Trade specifically whether imposing increased Representative initiated an investigation Representative to take under section duties on a particular product would be of Spain’s DST pursuant to section 301(b), to obtain the elimination of that practicable or effective to obtain the 302(b)(1)(A) of the Trade Act of 1974, as act, policy, or practice. elimination of Spain’s acts, policies, and amended (Trade Act). See 85 FR 34709 Section 301(c)(1)(B) of the Trade Act practices, and whether imposing (June 5, 2020) (notice of initiation). The authorizes the U.S. Trade additional duties on a particular notice of initiation solicited written Representative to impose duties on the product would cause disproportionate comments on, inter alia, the following goods of the foreign country subject to economic harm to U.S. interests, aspects of Spain’s DST: Discrimination the investigation. Pursuant to sections including small- or medium-size against U.S. companies; retroactivity; 301(b) and (c), USTR proposes that the businesses and consumers. and possibly unreasonable tax policy. U.S. Trade Representative should Simultaneously with this notice, With respect to tax policy, USTR determine that action is appropriate and USTR also is requesting public solicited comments on, inter alia, that appropriate action would include comments on proposed trade actions in whether the DST diverged from the imposition of additional ad valorem five other DST investigations initiated at principles reflected in the U.S. and tariffs on certain products of Spain. the same time as the Spain DST international tax systems including In particular, USTR proposes to investigation. Certain interested persons extraterritoriality; taxing revenue not impose additional tariffs of up to 25 may wish to provide written comments income; and a purpose of penalizing percent ad valorem on an aggregate or oral testimony on multi-jurisdictional particular technology companies for level of trade that would collect duties issues common to two or more their commercial success. Interested on goods of Spain in the range of the investigations. To avoid duplication, the persons filed over 380 written amount of the DST that Spain is USTR portal will have a separate docket submissions in response. The public expected to collect from U.S. for multi-jurisdictional submissions, submissions are available on companies. Initial estimates indicate and USTR will hold a separate multi- www.regulations.gov in docket number that the value of the DST payable by jurisdictional hearing. USTR–2020–0022. U.S.-based company groups to Spain To be assured of consideration, you Under section 303 of the Trade Act, will be up to approximately $155 must submit written comments on the the U.S. Trade Representative requested million per year. proposed action by April 30, 2021, and consultations with the government of USTR further proposes that the goods post-hearing rebuttal comments by May Spain regarding the issues involved in of Spain subject to additional tariffs 10, 2021 for the multi-jurisdictional the investigation. Consultations were would be drawn from the preliminary hearing, and by May 13, 2021 for the held on December 17, 2020. list of products in the Annex to this Spain DST hearing. Based on information obtained during notice, as specified by the listed eight- IV. Hearing Participation the investigation, USTR prepared a digit tariff subheadings. comprehensive report on Spain’s DST The Section 301 Committee will (Spain DST Report). The Spain DST III. Request for Public Comments convene a virtual public hearing for Report is posted on the USTR website In accordance with section 304(b) of comments pertaining to the Spain DST at https://ustr.gov/issue-areas/ the Trade Act (19 U.S.C. 2414(b)), USTR proposed action on May 6, 2021, enforcement/section-301-investigations/ invites comments from interested beginning at 9:30 a.m. Those requesting section-301-digital-services-taxes. The persons with respect to whether action to appear at this hearing should have report includes a full description of is appropriate, and if so, the appropriate comments applicable only to the Spain Spain’s DST, and supports findings that action to be taken. DST proposed action. Spain’s DST is unreasonable and USTR requests comments with The Section 301 Committee will discriminatory and burdens or restricts respect to any issue related to the action convene a virtual public hearing for U.S commerce. to be taken in this investigation. With comments pertaining to multiple On January 14, 2021, based on the respect to the proposed tariff action jurisdictions on May 3, 2021, beginning information obtained during the outline above, USTR specifically invites at 9:30 a.m. Those requesting to appear investigation and the advice of the comments regarding: at the multi-jurisdictional hearing Section 301 Committee, the U.S. Trade • The level of the burden or should have comments that are Representative determined that Spain’s restriction on U.S. commerce resulting applicable to two or more DST DST is unreasonable or discriminatory from Spain’s DST, including the amount investigations. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16815 For either hearing, you must submit a such as law firms, trade associations, or comments. The file name of the public request to appear at the specific hearing customs brokers, should identify the full version, which must be uploaded on using the electronic portal at https:// legal name of the organization they https://comments.ustr.gov/s/, should comments.ustr.gov/s/. You will be able represent, and identify the primary begin with the character ‘P’. The ‘BCI’ to view a docket entitled ‘Request to point of contact for the submission. The and ‘P’ should be followed by the name Appear at Hearing on Proposed Actions remaining fields of the form are of the person or entity submitting the in Section 301 Investigation of Spain’s optional. comments or rebuttal comments. If these Digital Services Tax.’ Requests to appear After entering the identification and procedures are not sufficient to protect must include a summary of testimony, contact information, you can complete BCI or otherwise protect business and may be accompanied by a pre- the remainder of the questionnaire, or interests, please contact the USTR hearing submission. Remarks at the any portion of it by clicking ‘Next.’ You Section Hotline 301 line at (202) 395– hearing are limited to five minutes to can comment on multiple products in a 5725 to discuss whether alternative allow for possible questions from the single entry, or submit multiple arrangements are possible. USTR will Section 301 Committee. All submissions comments. You will be able to navigate post attachments uploaded to the docket must be in English. To be assured of through each screen of the form by for public inspection, except for consideration, USTR must receive your clicking ‘Next,’ with or without entering attachments marked as business request to appear by April 21, 2021. a response to each field on an confidential. individual screen or page. Additionally, V. Procedures for Written Submissions you will be able to upload documents at You can view all public submissions You must submit written comments, the end of the form and designate on the USTR portal at https:// rebuttal comments, and requests to whether USTR should treat the comments.ustr.gov/s. appear at the hearing using the documents as business confidential or Greta Peisch, electronic portal at https:// public information. General Counsel, Office of the United States comments.ustr.gov/s. You will be able to For uploads containing BCI, the file Trade Representative. view a docket entitled ‘Comments name of the business confidential Concerning Proposed Action in Section version should begin with the characters Annex 301 Investigation of Spain’s Digital ‘BCI’. Any page containing BCI must be Services Tax’ on the portal, docket clearly marked ‘BUSINESS Note: All products that are classified in the number USTR–2021–0005. CONFIDENTIAL’ on the top of that page eight-digit subheadings of the Harmonized You do not need to establish an and the submission should clearly Tariff Schedule of the United States (HTSUS) account to submit comments. Fields indicate, via brackets, highlighting, or that are listed in this Annex are covered by the proposed action. The product with a gray (BCI) notation are for other means, the specific information descriptions that are contained in this Annex Business Confidential Information and that is BCI. If you request business are provided for informational purposes only, the information entered will not be confidential treatment, you must certify and are not intended to delimit in any way publicly available. Required fields are in writing that disclosure of the the scope of the proposed action. Any marked ‘Required’ and will have a red information would endanger trade questions regarding the scope of a particular asterisk (*). Fields with a green (Public) secrets or profitability, and that the HTSUS subheading should be referred to notation will be viewable by the public. information would not customarily be U.S. Customs and Border Protection. In the The first screen of the portal requires released to the public. Parties uploading product descriptions, the abbreviation you to enter identification and contact attachments containing BCI also must ‘‘nesoi’’ means ‘‘not elsewhere specified or information. Third party organizations submit a public version of their included’’. HTSUS subheading Product description 0306.16.00 ...... Cold-water shrimps and prawns, cooked in shell or uncooked, dried, salted or in brine, frozen. 0306.17.00 ...... Other shrimps and prawns, cooked in shell or uncooked, dried, salted or in brine, frozen. 0307.51.00 ...... Octopus, live, fresh or chilled. 0307.52.00 ...... Octopus, frozen. 0307.59.01 ...... Octopus, dried, salted or in brine. 1605.21.05 ...... Shrimp & prawns not in airtight containers: Fish meat and prepared meals. 1605.21.10 ...... Shrimp & prawns not in airtight containers: Other than fish meat and prepared meals. 1605.55.05 ...... Octopus, as containing fish meat or prepared meals. 1605.55.60 ...... Octopus, prepared or preserved. 4202.21.90 ...... Handbags, with or without shoulder strap or without handle, with outer surface of leather, composition or patent leather, nesoi, over $20 ea. 4202.22.15 ...... Handbags, with or without shoulder straps or without handle, with outer surface of sheeting of plastics. 4203.30.00 ...... Belts and bandoliers with or without buckles, of leather or of composition leather. 6402.99.31 ...... Footwear w/outer soles & uppers of rubber or plastics, nesoi, n/cov. ankle, w/ext. surf. of uppers o/90% rubber or plastics, nesoi. 6403.51.30 ...... Footwear w/outer soles and uppers of leather, nesoi, covering the ankle, welt. 6403.51.60 ...... Footwear w/outer soles and uppers of leather, nesoi, covering the ankle, n/welt, for men, youths and boys. 6403.51.90 ...... Footwear w/outer soles and uppers of leather, nesoi, covering the ankle, n/welt, for persons other than men, youths and boys. 6403.59.15 ...... Turn or turned footwear w/outer soles and uppers of leather, not covering the ankle. 6403.59.30 ...... Footwear w/outer soles and uppers of leather, not covering the ankle, welt, nesoi. 6403.59.60 ...... Footwear w/outer soles and uppers of leather, not cov. ankle, n/welt, for men, youths and boys. 6403.59.90 ...... Footwear w/outer soles and uppers of leather, not cov. ankle, n/welt, for persons other than men, youths and boys. 6403.91.90 ...... Footwear w/outer soles of rubber/plastics/comp. leather & uppers of leather, cov. ankle, n/welt, for persons other than men/youths/boys. 6403.99.60 ...... Footwear w/outer soles of rubber/plastics/comp. leather & uppers of leather, n/cov. ankle, n/welt, for men, youths and boys, nesoi. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16816 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices HTSUS subheading Product description 6403.99.90 ...... Footwear w/outer soles of rubber/plastics/comp. leather & uppers of leather, n/cov. ankle, for women/child./infants, val. over $2.50/pair. 6404.19.39 ...... Footwear w/outer sole rub./plast. & upp. textile, nesoi, w/open toes/heels or slip-on, >10% by wt. rub./plast. not subj note 5 ch 64. 6404.20.40 ...... Footwear w/outer soles of leather/comp. leath., n/o 50% by wt. rub./plast. or rub./plast./text. & 10%+ by wt. rub./plast., val. o/$2.50/pr. 6404.20.60 ...... Footwear w/outer soles of leather/comp. leather & uppers of textile, nesoi. 6405.90.90 ...... Footwear, nesoi, w/outer soles and uppers o/than leather or comp. leather, not disposable. 6504.00.60 ...... Hats and headgear, plaited or assembled from strips of veg. fibers or unspun fibrous veg. materials and/or paper yarn, not sewed. 6505.00.04 ...... Hats and headgear of fur felt made from hat forms and hat bodies of 6501. 6505.00.08 ...... Hats and headgear made from hat forms and hat bodies of 6501, except of fur felt. 6505.00.15 ...... Hats and headgear, of cotton and/or flax, knitted. 6505.00.30 ...... Hats and headgear, of wool, knitted or crocheted or made up from knitted or crocheted fabric. 6505.00.60 ...... Hats and headgear, of man-made fibers, knitted or crocheted or made up from knitted or crocheted fabrics, not in part of braid. 7013.99.50 ...... Glassware for toilet/office/indoor decor. or similar purposes, nesoi, valued over $0.30 but n/over $3 each. 7013.99.80 ...... Glassware for toilet/office/indoor decor. or similar purposes, nesoi, n/cut or engraved, valued over $3 but n/over $5 each. 7013.99.90 ...... Glassware for toilet/office/indoor decor. or similar purposes, nesoi, n/cut or engraved, valued over $5 each. [FR Doc. 2021–06617 Filed 3–30–21; 8:45 am] ADDRESSES: Submit documents in income; and a purpose of penalizing BILLING CODE 3290–F1–P response to this notice, including particular technology companies for written comments and hearing their commercial success. Interested appearance requests, through the online persons filed over 380 written OFFICE OF THE UNITED STATES USTR portal: https:// submissions in response. The public TRADE REPRESENTATIVE comments.ustr.gov/s/. submissions are available on FOR FURTHER INFORMATION CONTACT: For www.regulations.gov in docket number [Docket Number USTR–2021–0002] questions concerning the investigation, USTR–2020–0022. please contact Ben Allen or Patrick Under section 303 of the Trade Act, Proposed Action in Section 301 Childress, Assistant General Counsels at the U.S. Trade Representative requested Investigation of Austria’s Digital (202) 395–9439 and (202) 395–9531, consultations with the government of Services Tax respectively; Robert Tanner, Director, Austria regarding the issues involved in Services and Investment at (202) 395– the investigation. Consultations were AGENCY: Office of the United States 6125; or Michael Rogers, Director, held on December 21, 2020. Trade Representative. Europe and the Middle East at (202) Based on information obtained during ACTION: Request for comments and 395–2684. For issues with on-line the investigation, USTR prepared a notice of public hearing. submissions, please contact the USTR comprehensive report on Austria’s DST Section 301 line at (202) 395–5725. (Austria DST Report). The Austria DST SUMMARY: The Office of the United SUPPLEMENTARY INFORMATION: Report is posted on the USTR website States Trade Representative (USTR) at https://ustr.gov/issue-areas/ requests written comments regarding a I. Proceedings in the Investigation enforcement/section-301-investigations/ potential trade action in connection Austria has adopted a DST that section-301-digital-services-taxes. The with the Section 301 investigation of imposes a 5% tax on gross revenues report includes a full description of Austria’s Digital Services Tax (DST). from digital advertising services Austria’s DST, and supports findings USTR also will convene virtual public provided in Austria. The DST applies that Austria’s DST is unreasonable and hearings and accept rebuttal comments only to companies with annual global discriminatory and burdens or restricts in relation to the potential action. revenues of Ö750 million or more, and U.S. commerce. DATES: annual revenues from digital advertising On January 14, 2021, based on the April 21, 2021: To be assured of services in Austria of Ö25 million or information obtained during the consideration, submit requests to appear more. investigation and the advice of the at a hearing, along with a summary of On June 2, 2020, the U.S. Trade Section 301 Committee, the U.S. Trade the testimony, by this date. Representative initiated an investigation Representative determined that April 30, 2021: To be assured of of Austria’s DST pursuant to section Austria’s DST is unreasonable or consideration, submit written comments 302(b)(1)(A) of the Trade Act of 1974, as discriminatory and burdens or restricts by this date. amended (Trade Act). See 85 FR 34709 U.S. commerce, and therefore is May 3, 2021: Multi-jurisdictional (June 5, 2020) (notice of initiation). The actionable under sections 301(b) and virtual hearing on proposed actions. notice of initiation solicited written 304(a) of the Trade Act (19 U.S.C. May 10, 2021: To be assured of comments on, inter alia, the following 2411(b) and 2414(a)). See 86 FR 6406 consideration, submit multi- aspects of Austria’s DST: Discrimination (January 21, 2021). jurisdictional hearing rebuttal against U.S. companies; retroactivity; comments by this date. and possibly unreasonable tax policy. II. Proposed Action May 11, 2021 at 9:30 a.m.: Virtual With respect to tax policy, USTR Section 301(b) provides that upon hearing on Austria DST proposed solicited comments on, inter alia, determining that the acts, policies, and action. whether the DST diverged from practices under investigation are May 18, 2021: To be assured of principles reflected in the U.S. and actionable and that action is consideration, submit Austria DST international tax systems including appropriate, the U.S. Trade hearing rebuttal comments by this date. extraterritoriality; taxing revenue not Representative shall take all appropriate VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16817 and feasible action authorized under or whether tariff subheadings not allow for possible questions from the section 301(c), subject to the specific currently on the list should be added. Section 301 Committee. All submissions direction, if any, of the President In commenting on the inclusion or must be in English. To be assured of regarding such action, and all other removal of particular products on the consideration, USTR must receive your appropriate and feasible action within preliminary list of products subject to request to appear by April 21, 2021. the proposed additional duties, USTR the power of the President that the V. Procedures for Written Submissions President may direct the U.S. Trade requests that commenters specifically Representative to take under section address whether imposing increased You must submit written comments, 301(b), to obtain the elimination of that duties on a particular product would be rebuttal comments, and requests to act, policy, or practice. practicable or effective to obtain the appear at the hearing using the Section 301(c)(1)(B) of the Trade Act elimination of Austria’s acts, policies, electronic portal at https:// authorizes the U.S. Trade and practices, and whether imposing comments.ustr.gov/s. You will be able to Representative to impose duties on the additional duties on a particular view a docket entitled ‘Comments goods of the foreign country subject to product would cause disproportionate Concerning Proposed Action in Section the investigation. Pursuant to sections economic harm to U.S. interests, 301 Investigation of Austria’s Digital 301(b) and (c), USTR proposes that the including small- or medium-size Services Tax’ on the portal, docket U.S. Trade Representative should businesses and consumers. number USTR–2021–0002. You do not need to establish an determine that action is appropriate and Simultaneously with this notice, account to submit comments. Fields that appropriate action would include USTR also is requesting public with a gray (BCI) notation are for the imposition of additional ad valorem comments on proposed trade actions in Business Confidential Information and tariffs on certain products of Austria. five other DST investigations initiated at the same time as the Austria DST the information entered will not be In particular, USTR proposes to publicly available. Required fields are impose additional tariffs of up to 25 investigation. Certain interested persons may wish to provide written comments marked ‘Required’ and will have a red percent ad valorem on an aggregate asterisk (*). Fields with a green (Public) level of trade that would collect duties or oral testimony on multi-jurisdictional issues common to two or more notation will be viewable by the public. on goods of Austria in the range of the The first screen of the portal requires amount of the DST that Austria is investigations. To avoid duplication, the USTR portal will have a separate docket you to enter identification and contact expected to collect from U.S. information. Third party organizations companies. Initial estimates indicate for multi-jurisdictional submissions, and USTR will hold a separate multi- such as law firms, trade associations, or that the value of the DST payable by customs brokers, should identify the full U.S.-based company groups to Austria jurisdictional hearing. To be assured of consideration, you legal name of the organization they will be up to approximately $45 million must submit written comments on the represent, and identify the primary per year. proposed action by April 30, 2021, and point of contact for the submission. The USTR further proposes that the goods post-hearing rebuttal comments by May remaining fields of the form are of Austria subject to additional tariffs 10, 2021 for the multi-jurisdictional optional. would be drawn from the preliminary hearing, and by May 18, 2021 for the After entering the identification and list of products in the Annex to this Austria DST hearing. contact information, you can complete notice, as specified by the listed eight- the remainder of the questionnaire, or digit tariff subheadings. IV. Hearing Participation any portion of it by clicking ‘Next.’ You III. Request for Public Comments The Section 301 Committee will can comment on multiple products in a convene a virtual public hearing for single entry, or submit multiple In accordance with section 304(b) of comments pertaining to the Austria DST comments. You will be able to navigate the Trade Act (19 U.S.C. 2414(b)), USTR proposed action on May 11, 2021, through each screen of the form by invites comments from interested beginning at 9:30 a.m. Those requesting clicking ‘Next,’ with or without entering persons with respect to whether action to appear at this hearing should have a response to each field on an is appropriate, and if so, the appropriate comments applicable only to the Austria individual screen or page. Additionally, action to be taken. DST proposed action. you will be able to upload documents at USTR requests comments with The Section 301 Committee will the end of the form and designate respect to any issue related to the action convene a virtual public hearing for whether USTR should treat the to be taken in this investigation. With comments pertaining to multiple documents as business confidential or respect to the proposed tariff action jurisdictions on May 3, 2021, beginning public information. outline above, USTR specifically invites at 9:30 a.m. Those requesting to appear For uploads containing BCI, the file comments regarding: at the multi-jurisdictional hearing name of the business confidential • The level of the burden or should have comments that are version should begin with the characters restriction on U.S. commerce resulting applicable to two or more DST ‘BCI’. Any page containing BCI must be from Austria’s DST, including the investigations. clearly marked ‘BUSINESS amount of DST payments owed by U.S. For either hearing, you must submit a CONFIDENTIAL’ on the top of that page companies, the annual growth rate of request to appear at the specific hearing and the submission should clearly such payments, and other effects, such using the electronic portal at https:// indicate, via brackets, highlighting, or as compliance costs. comments.ustr.gov/s/. You will be able other means, the specific information • The appropriate aggregate level of to view a docket entitled ‘Request to that is BCI. If you request business trade to be covered by additional duties. Appear at Hearing on Proposed Action confidential treatment, you must certify • The level of the increase, if any, in in Section 301 Investigation of Austria’s in writing that disclosure of the the rate of duty. Digital Services Tax.’ Requests to appear information would endanger trade • The specific products to be subject must include a summary of testimony, secrets or profitability, and that the to increased duties, including whether and may be accompanied by a pre- information would not customarily be the tariff subheadings listed in the hearing submission. Remarks at the released to the public. Parties uploading Annex should be retained or removed, hearing are limited to five minutes to attachments containing BCI also must VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16818 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices submit a public version of their post attachments uploaded to the docket Tariff Schedule of the United States (HTSUS) comments. The file name of the public for public inspection, except for that are listed in this Annex are covered by version, which must be uploaded on attachments marked as business the proposed action. The product https://comments.ustr.gov/s/, should confidential. descriptions that are contained in this Annex begin with the character ‘P’. The ‘BCI’ You can view all public submissions are provided for informational purposes only, and ‘P’ should be followed by the name on the USTR portal at https:// and are not intended to delimit in any way of the person or entity submitting the comments.ustr.gov/s. the scope of the proposed action. Any comments or rebuttal comments. If these questions regarding the scope of a particular Greta Peisch, HTSUS subheading should be referred to procedures are not sufficient to protect General Counsel, Office of the United States BCI or otherwise protect business U.S. Customs and Border Protection. In the Trade Representative. product descriptions, the abbreviation interests, please contact the USTR ‘‘nesoi’’ means ‘‘not elsewhere specified or Section Hotline 301 line at (202) 395– Annex included’’. 5725 to discuss whether alternative Note: All products that are classified in the arrangements are possible. USTR will eight-digit subheadings of the Harmonized HTSUS subheading Product description 4107.99.70 ...... Bovine (not buffalo) and equine leather, not whole, nesoi, without hair on, not fancy, prepared after tanning or crusting, not heading 4114. 4203.40.60 ...... Clothing accessories of leather or of composition leather, nesoi. 4205.00.80 ...... Articles of leather or of composition leather, nesoi, excluding reptile leather. 5209.12.00 ...... Unbleached 3- or 4-thread twill fabrics of cotton, including cross twill, 85 percent or more cotton by weight, weighing more than 200 g/m2. 5402.49.91 ...... Other yarns, monofil; multifil, untwisted or twisted > or = to 5, not exceeding 50 turns per meter of other synthetic, not for retail sale. 5404.19.10 ...... Racket strings of synthetic monofilament of 67 decitex or more and of which no cross-sectional dimension exceeds 1 mm. 5404.19.80 ...... Synthetic monofilament (exc. polypropylene), of 67 decitex or more and with no cross-sectional dimension > 1 mm, nesoi. 5603.94.10 ...... Nonwoven floor covering underlays (not of man-made filaments), weighing >150 g/square m, whether or not impreg, coat- ed, cov or laminated. 5603.94.90 ...... Nonwovens nesoi (not of man-made filaments), weighing >150 g/square m, whether or not impregnated, coated, covered but not laminated. 6903.20.00 ...... Refractory ceramic goods (o/than of siliceous fossil meals or earths), nesoi, cont. by wt. o/50% alumina or mix. or comp. of Al2O3 & SiO3. 7013.22.50 ...... Stemware drinking glasses of lead crystal, valued over $5 each. 7013.28.20 ...... Stemware, o/than of pressed and toughened glass, o/than lead crystal, valued o/$0.30 but n/over $3 each. 7013.28.50 ...... Stemware, o/than of pressed and toughened glass, o/than lead crystal, not cut or engraved, valued o/$3 but n/over $5 each. 7013.28.60 ...... Stemware, o/than of pressed and toughened glass, o/than lead crystal, not cut or engraved, valued over $5 each. 7013.37.20 ...... Drinking glasses, nesoi, o/than of pressed and toughened glass, o/than lead crystal, valued o/$0.30 but n/over $3 each. 7013.37.60 ...... Drinking glasses, nesoi, o/than of pressed and toughened glass, o/than lead crystal, not cut or engraved, valued over $5 each. 7013.41.50 ...... Glassware for table or kitchen purposes (o/than drinking glasses), of lead crystal, valued over $5 each. 7013.49.60 ...... Glassware for table or kitchen purposes (o/than drinking glasses), nesoi, n/cut or engraved, valued over $5 each. 7013.91.50 ...... Glassware for toilet/office/indoor decor. & similar purposes, of lead crystal, valued over $5 each. 7019.90.10 ...... Woven glass fiber articles (other than fabrics), nesoi. 7019.90.50 ...... Glass fibers (including glass wool), nesoi, and articles thereof, nesoi. 7105.90.00 ...... Natural or synthetic precious (except diamond) or semiprecious stone dust and powder. 7403.29.01...... Copper alloys (o/than copper-zinc, copper-tin alloys), unwrought nesoi. 8305.20.00 ...... Base metal staples in strips (e.g., for offices, upholstery, packaging). 8418.10.00 ...... Combined refrigerator-freezers, fitted with separate external doors, electric or other. 8504.90.65 ...... Printed circuit assemblies of the goods of subheading 8504.40 or 8504.50 for telecommunication apparatus. 8504.90.75 ...... Printed circuit assemblies of electrical transformers, static converters and inductors, nesoi. 8515.80.00 ...... Electric welding apparatus nesoi, and electric machines and apparatus for hot spraying metals or sintered metal carbides. 8526.10.00 ...... Radar apparatus. 9003.11.00 ...... Frames and mountings, of plastics, for spectacles, goggles or the like. 9005.10.00 ...... Binoculars. 9005.80.40 ...... Optical telescopes, including monoculars. 9005.80.60 ...... Monoculars and astronomical instruments other than binoculars and optical telescopes but not including instruments for radio-astronomy. 9010.60.00 ...... Projection screens. 9012.10.00 ...... Microscopes other than optical microscopes; diffraction apparatus. 9015.40.80 ...... Photogrammetrical surveying instruments and appliances, other than electrical. 9015.80.20 ...... Optical surveying, hydrographic, oceanographic, hydrological, meteorological or geophysical instruments and appliances, nesoi. 9027.50.80 ...... Nonelectrical instruments and apparatus using optical radiations (ultraviolet, visible, infrared), nesoi. 9030.40.00 ...... Instruments and apparatus specially designed for telecommunications. 9201.20.00 ...... Grand pianos. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00118 Fmt 4703 Sfmt 9990 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16819 [FR Doc. 2021–06625 Filed 3–30–21; 8:45 am] calendar year, generated Ö750 million or section 301(c), subject to the specific BILLING CODE 3290–F1–P more in worldwide revenues and Ö5.5 direction, if any, of the President million or more in revenues deriving regarding such action, and all other from the provision of digital services in appropriate and feasible action within OFFICE OF THE UNITED STATES Italy. the power of the President that the TRADE REPRESENTATIVE On June 2, 2020, the U.S. Trade President may direct the U.S. Trade Representative initiated an investigation [Docket Number USTR–2021–0004] Representative to take under section of Italy’s DST pursuant to section 301(b), to obtain the elimination of that Proposed Action in Section 301 302(b)(1)(A) of the Trade Act of 1974, as act, policy, or practice. Investigation of Italy’s Digital Services amended (Trade Act). See 85 FR 34709 Section 301(c)(1)(B) of the Trade Act Tax (June 5, 2020) (notice of initiation). The authorizes the U.S. Trade notice of initiation solicited written Representative to impose duties on the AGENCY: Office of the United States comments on, inter alia, the following goods of the foreign country subject to Trade Representative. aspects of Italy’s DST: Discrimination the investigation. Pursuant to sections ACTION: Request for comments and against U.S. companies; retroactivity; 301(b) and (c), USTR proposes that the notice of public hearing. and possibly unreasonable tax policy. U.S. Trade Representative should With respect to tax policy, USTR determine that action is appropriate and SUMMARY: The Office of the United solicited comments on, inter alia, that appropriate action would include States Trade Representative (USTR) whether the DST diverged from the imposition of additional ad valorem requests written comments regarding a principles reflected in the U.S. and tariffs on certain products of Italy. potential trade action in connection international tax systems including In particular, USTR proposes to with the Section 301 investigation of extraterritoriality; taxing revenue not impose additional tariffs of up to 25 Italy’s Digital Services Tax (DST). USTR income; and a purpose of penalizing percent ad valorem on an aggregate also will convene virtual public particular technology companies for level of trade that would collect duties hearings and accept rebuttal comments their commercial success. Interested on goods of Italy in the range of the in relation to the potential action. persons filed over 380 written amount of DST that Italy is expected to DATES: submissions in response. The public collect from U.S. companies. Initial April 21, 2021: To be assured of submissions are available on estimates indicate that the value of the consideration, submit requests to appear www.regulations.gov in docket number DST payable by U.S.-based company at a hearing, along with a summary of USTR–2020–0022. groups to Italy will be up to Under section 303 of the Trade Act, the testimony, by this date. approximately $140 million per year. April 30, 2021: To be assured of the U.S. Trade Representative requested consultations with the government of USTR further proposes that the goods consideration, submit written comments of Italy subject to additional tariffs by this date. Italy regarding the issues involved in the investigation. Consultations were would be drawn from the preliminary May 3, 2021: Multi-jurisdictional list of products in the Annex to this virtual hearing on proposed actions. held on November 10, 2020. Based on information obtained during notice, as specified by the listed eight- May 5, 2021 at 9:30 a.m.: Virtual digit tariff subheadings. hearing on Italy DST proposed action. the investigation, USTR prepared a May 10, 2021: To be assured of comprehensive report on Italy’s DST III. Request for Public Comments (Italy DST Report). The Italy DST Report consideration, submit multi- In accordance with section 304(b) of jurisdictional hearing rebuttal is posted on the USTR website at https://ustr.gov/issue-areas/ the Trade Act (19 U.S.C. 2414(b)), USTR comments by this date. invites comments from interested May 12, 2021: To be assured of enforcement/section-301-investigations/ section-301-digital-services-taxes. The persons with respect to whether action consideration, submit Italy DST hearing is appropriate, and if so, the appropriate rebuttal comments by this date. report includes a full description of Italy’s DST, and supports findings that action to be taken. ADDRESSES: Submit documents in Italy’s DST is unreasonable and USTR requests comments with response to this notice, including discriminatory and burdens or restricts respect to any issue related to the action written comments and hearing U.S commerce. to be taken in this investigation. With appearance requests, through the online On January 6, 2021, based on the respect to the proposed tariff action USTR portal: https:// information obtained during the outline above, USTR specifically invites comments.ustr.gov/s/. investigation and the advice of the comments regarding: • FOR FURTHER INFORMATION CONTACT: For Section 301 Committee, the U.S. Trade The level of the burden or questions concerning the investigation, Representative determined that Italy’s restriction on U.S. commerce resulting please contact Ben Allen or Patrick DST is unreasonable or discriminatory from Italy’s DST, including the amount Childress, Assistant General Counsels at and burdens or restricts U.S. commerce, of DST payments owed by U.S. (202) 395–9439 and (202) 395–9531, and therefore is actionable under companies, the annual growth rate of respectively; Robert Tanner, Director, sections 301(b) and 304(a) of the Trade such payments, and other effects, such Services and Investment at (202) 395– Act (19 U.S.C. 2411(b) and 2414(a)). See as compliance costs. • 6125; or Michael Rogers, Director, 86 FR 2477 (January 12, 2021). The appropriate aggregate level of Europe and the Middle East at (202) trade to be covered by additional duties. 395–2684. For issues with on-line II. Proposed Action • The level of the increase, if any, in submissions, please contact the USTR Section 301(b) provides that upon the rate of duty. Section 301 line at (202) 395–5725. determining that the acts, policies, and • The specific products to be subject SUPPLEMENTARY INFORMATION: practices under investigation are to increased duties, including whether actionable and that action is the tariff subheadings listed in the I. Proceedings in the Investigation appropriate, the U.S. Trade Annex should be retained or removed, Italy has adopted a DST that applies Representative shall take all appropriate or whether tariff subheadings not to companies that during the previous and feasible action authorized under currently on the list should be added. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16820 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices In commenting on the inclusion or Appear at Hearing on Proposed Action For uploads containing BCI, the file removal of particular products on the in Section 301 Investigation of Italy’s name of the business confidential preliminary list of products subject to Digital Services Tax.’ Requests to appear version should begin with the characters the proposed additional duties, USTR must include a summary of testimony, ‘BCI’. Any page containing BCI must be requests that commenters specifically and may be accompanied by a pre- clearly marked ‘BUSINESS address whether imposing increased hearing submission. Remarks at the CONFIDENTIAL’ on the top of that page duties on a particular product would be hearing are limited to five minutes to and the submission should clearly practicable or effective to obtain the allow for possible questions from the indicate, via brackets, highlighting, or elimination of Italy’s acts, policies, and Section 301 Committee. All submissions other means, the specific information practices, and whether imposing must be in English. To be assured of that is BCI. If you request business additional duties on a particular consideration, USTR must receive your confidential treatment, you must certify product would cause disproportionate request to appear by April 21, 2021. in writing that disclosure of the economic harm to U.S. interests, information would endanger trade V. Procedures for Written Submissions including small- or medium-size secrets or profitability, and that the businesses and consumers. You must submit written comments, information would not customarily be Simultaneously with this notice, rebuttal comments, and requests to released to the public. Parties uploading USTR also is requesting public appear at the hearing using the attachments containing BCI also must comments on proposed trade actions in electronic portal at https:// submit a public version of their five other DST investigations initiated at comments.ustr.gov/s. You will be able to comments. The file name of the public the same time as the Italy DST view a docket entitled ‘Comments version—which must be uploaded on investigation. Certain interested persons Concerning Proposed Action in Section https://comments.ustr.gov/s/, should may wish to provide written comments 301 Investigation of Italy’s Digital begin with the character ‘P’. The ‘BCI’ or oral testimony on multi-jurisdictional Services Tax’ on the portal, docket and ‘P’ should be followed by the name issues common to two or more number USTR–2021–0004. of the person or entity submitting the investigations. To avoid duplication, the You do not need to establish an comments or rebuttal comments. If these USTR portal will have a separate docket account to submit comments. Fields procedures are not sufficient to protect for multi-jurisdictional submissions, with a gray (BCI) notation are for BCI or otherwise protect business and USTR will hold a separate multi- Business Confidential Information and interests, please contact the USTR jurisdictional hearing. the information entered will not be Section Hotline 301 line at (202) 395– To be assured of consideration, you publicly available. Required fields are 5725 to discuss whether alternative must submit written comments on the marked ‘Required’ and will have a red arrangements are possible. USTR will proposed action by April 30, 2021, and asterisk (*). Fields with a green (Public) post attachments uploaded to the docket post-hearing rebuttal comments by May notation will be viewable by the public. for public inspection, except for 10, 2021 for the multi-jurisdictional The first screen of the portal requires attachments marked as business hearing, and by May 12, 2021 for the you to enter identification and contact confidential. Italy DST hearing. information. Third party organizations You can view all public submissions IV. Hearing Participation such as law firms, trade associations, or on the USTR portal at https:// The Section 301 Committee will customs brokers should identify the full comments.ustr.gov/s. convene a virtual public hearing for legal name of the organization they comments pertaining to the Italy DST represent, and identify the primary Greta Peisch, proposed action on May 5, 2021, point of contact for the submission. The General Counsel, Office of the United States beginning at 9:30 a.m. Those requesting remaining fields of the form are Trade Representative. optional. to appear at this hearing should have Annex comments applicable only to the Italy After entering the identification and DST proposed action. contact information, you can complete Note: All products that are classified in the The Section 301 Committee will the remainder of the questionnaire, or eight-digit subheadings of the Harmonized convene a virtual public hearing for any portion of it by clicking ‘Next.’ You Tariff Schedule of the United States (HTSUS) comments pertaining to multiple can comment on multiple products in a that are listed in this Annex are covered by jurisdictions on May 3, 2021, beginning single entry, or submit multiple the proposed action. The product at 9:30 a.m. Those requesting to appear comments. You will be able to navigate descriptions that are contained in this Annex at the multi-jurisdictional hearing through each screen of the form by are provided for informational purposes only, should have comments that are clicking ‘Next,’ with or without entering and are not intended to delimit in any way applicable to two or more DST a response to each field on an the scope of the proposed action. Any investigations. individual screen or page. Additionally, questions regarding the scope of a particular For either hearing, you must submit a you will be able to upload documents at HTSUS subheading should be referred to request to appear at the specific hearing the end of the form and designate U.S. Customs and Border Protection. In the using the electronic portal at https:// whether USTR should treat the product descriptions, the abbreviation comments.ustr.gov/s/. You will be able documents as business confidential or ‘‘nesoi’’ means ‘‘not elsewhere specified or to view a docket entitled ‘Request to public information. included’’. HTSUS subheading Product description 0305.63.60 ...... Anchovies, in brine or salted but not dried or smoked, other than in immediate containers weighing with their contents 6.8 kg or less each. 1604.16.20 ...... Anchovies, whole or in pieces but not minced, in oil, in airtight containers. 1604.16.40 ...... Prepared or preserved anchovies, whole or in pieces, not minced, not in oil, in immediate containers with their contents 6.8 kg or less ea. 1604.31.00 ...... Caviar. 1604.32.40 ...... Caviar substitutes prepared from fish eggs, nesoi. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16821 HTSUS subheading Product description 3303.00.20 ...... Perfumes and toilet waters, other than floral or flower waters, not containing alcohol. 3307.90.00 ...... Depilatories and other perfumery, cosmetic or toilet preparations. nesoi. 4202.29.10 ...... Handbags w. or w/o shld. strap or w/o handle of mat. (o/t leather, shtng. of plas., tex. mat., vul. fib. or paperbd.), paper cov., of plas. 4202.29.50 ...... Handbags w. or w/o shld. strap or w/o handle of mat. (o/t leather, shtng. of plas., tex. mat., vul. fib. or paperbd.), pap.cov.,of mat. nesoi. 4202.29.90 ...... Handbags with or without shoulder straps or without handle, with outer surface of vulcanized fiber or of paperboard, not covered with paper. 4202.31.30 ...... Articles of a kind normally carried in the pocket or handbag, with outer surface of reptile leather. 4203.29.30 ...... Men’s gloves, mittens and mitts of leather or composition leather, nesoi, seamed. 4203.29.40 ...... Gloves, mittens and mitts of leather or composition leather, nesoi, not lined, for persons other than men. 4203.29.50 ...... Gloves, mittens and mitts of leather or composition leather, nesoi, lined, for persons other than men. 6103.10.10 ...... Men’s or boys’ suits, knitted or crocheted, of wool or fine animal hair. 6103.31.00 ...... Men’s or boys’ suit-type jackets and blazers, knitted or crocheted, of wool or fine animal hair. 6103.32.00 ...... Men’s or boys’ suit-type jackets and blazers, knitted or crocheted, of cotton. 6103.33.20 ...... Men’s or boys’ suit-type jackets and blazers, knitted or crocheted, of synthetic fibers, nesoi. 6103.39.80 ...... Men’s or boys’ suit-type jackets and blazers, of textile mats, (except wool, cotton, or mmf), cont less than 70% by wt of silk, knitted/croc. 6104.31.00 ...... Women’s or girls’ suit-type jackets and blazers, knitted or crocheted, of wool or fine animal hair. 6104.32.00 ...... Women’s or girls’ suit-type jackets and blazers, knitted or crocheted, of cotton. 6104.33.20 ...... Women’s or girls’ suit-type jackets and blazers, knitted or crocheted, of synthetic fibers, nesoi. 6110.30.10 ...... Sweaters, pullovers, sweatshirts and similar articles, knitted or crocheted, of man-made fibers, cont. 25% or more by weight of leather. 6117.80.20 ...... Ties, bow ties and cravats, containing 70% or more by weight of silk or silk waste, knitted or crocheted. 6117.80.87 ...... Ties, bow ties and cravats, containing under 70% by weight of silk or silk waste, knitted or crocheted. 6117.80.95 ...... Made up clothing accessories (excl shawl, scarve, and like, tie, cravat, headband, ponytail holder and like), cont < 70% wt of silk, k/c. 6203.19.10 ...... Men’s or boys’ suits, not knitted or crocheted, of cotton. 6203.31.90 ...... Men’s or boys’ suit-type jackets and blazers, of wool or fine animal hair, not knitted or crocheted. 6203.32.10 ...... Men’s or boys’ suit-type jackets and blazers, not knitted or crocheted, of cotton, containing 36 percent or more of flax fi- bers. 6203.32.20 ...... Men’s or boys’ suit-type jackets and blazers, not knitted or crocheted, of cotton, under 36% by weight of flax. 6203.33.10 ...... Men’s or boys’ suit-type jackets and blazers, not knitted or crocheted, of synthetic fibers, cont. 36% or more of wool or fine animal hair. 6203.33.20 ...... Men’s or boys’ suit-type jackets and blazers, not knitted or crocheted, of synthetic fibers, under 36% by weight of wool. 6203.39.10 ...... Men’s or boys’ suit-type jackets and blazers, of artificial fibers, containing 36% or more by weight of wool or fine animal hair, not k/c. 6203.39.20 ...... Men’s or boys’ suit-type jackets and blazers, not knitted or crocheted, of artificial fibers, under 36% by weight of wool. 6203.39.50 ...... Men’s or boys’ suit-type jackets and blazers, of textile materials (except wool, cotton or mmf), cont 70% or more by weight of silk, not k/c. 6203.39.90 ...... Men’s or boys’ suit-type jackets and blazers, of text materials (except wool, cotton or mmf), containing under 70% by weight of silk, not k/c. 6204.31.10 ...... Women’s or girls’ suit-type jackets & blazers, of wool or fine animal hair, not knitted or crocheted, cont. 30% or more of silk/silk waste. 6204.31.20 ...... Women’s or girls’ suit-type jackets and blazers, of wool or fine animal hair, not knitted or crocheted, under 30% by weight of silk. 6204.32.20 ...... Women’s or girls’ suit-type jackets and blazers, of cotton, not knitted or crocheted, under 36% flax. 6204.33.10 ...... Women’s or girls’ suit-type jackets and blazers, not knitted or crocheted, of synthetic fibers, cont. 30% or more of silk/silk waste. 6204.33.40 ...... Women’s or girls’ suit-type jackets & blazers, not knitted or crocheted, of synthetic fibers, cont. 36% or more of wool or fine animal hair. 6204.33.50 ...... Women’s or girls’ suit-type jackets and blazers, not knitted or crocheted, of synthetic fibers, nesoi. 6204.39.20 ...... Women’s or girls’ suit-type jackets & blazers, not knitted or crocheted, of artificial fibers, cont. 36% or more of wool or fine animal hair. 6204.39.30 ...... Women’s or girls’ suit-type jackets and blazers, not knitted or crocheted, of artificial fibers, under 36% by weight of wool. 6204.39.60 ...... Women’s or girls’ suit-type jackets and blazers, not knitted/crocheted, of textile materials nesoi, cont. 70% + of silk or silk waste. 6204.39.80 ...... Women’s or girls’ suit-type jackets and blazers, not knitted or crocheted, of textile materials nesoi. 6211.39.03 ...... Rec perf outwear, men’s or boys’ track suits or other garments nesoi, not knitted or crocheted, of wool or fine animal hair. 6211.39.30 ...... Men’s or boys’ track suits or other garments nesoi, not knitted or crocheted, of wool or fine animal hair, o/than rec perf outwear. 6215.10.00 ...... Ties, bow ties and cravats, not knitted or crocheted, of silk or silk waste. 6215.20.00 ...... Ties, bow ties and cravats, not knitted or crocheted, of man-made fibers. 6215.90.00 ...... Ties, bow ties and cravats, not knitted or crocheted, of textile materials nesoi. 6403.59.60 ...... Footwear w/outer soles and uppers of leather, not cov. ankle, n/welt, for men, youths and boys. 6403.91.60 ...... Footwear w/outer soles of rubber/plastics/composition leather & uppers of leather, covering the ankle, n/welt, for men, youths and boys. 6403.91.90 ...... Footwear w/outer soles of rubber/plastics/comp. leather & uppers of leather, cov. ankle, n/welt, for persons other than men/youths/boys. 6404.20.40 ...... Footwear w/outer soles of leather/comp. leath., n/o 50% by wt. rub./plast. or rub./plast./text. & 10%+ by wt. rub./plast., val. o/$2.50/pr. 9001.40.00 ...... Spectacle lenses of glass, unmounted. 9001.50.00 ...... Spectacle lenses of materials other than glass, unmounted. 9001.90.40 ...... Lenses nesoi, unmounted. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16822 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices HTSUS subheading Product description 9001.90.90 ...... Optical elements nesoi, unmounted. [FR Doc. 2021–06615 Filed 3–30–21; 8:45 am] SUPPLEMENTARY INFORMATION: Act (19 U.S.C. 2411(b) and 2414(a)). See 86 FR 2480 (January 12, 2021). BILLING CODE 3290–F1–P I. Proceedings in the Investigation Turkey has adopted a DST that II. Proposed Action OFFICE OF THE UNITED STATES applies to companies that during the Section 301(b) provides that upon TRADE REPRESENTATIVE previous calendar year, generated Ö750 determining that the acts, policies, and [Docket Number USTR–2021–0006] million or more in worldwide revenues practices under investigation are and TRY 20 million or more in revenues actionable and that action is Proposed Action in Section 301 deriving from the provision of digital appropriate, the U.S. Trade Investigation of Turkey’s Digital services in Turkey. Representative shall take all appropriate Services Tax On June 2, 2020, the U.S. Trade and feasible action authorized under Representative initiated an investigation section 301(c), subject to the specific AGENCY: Office of the United States of Turkey’s DST pursuant to section direction, if any, of the President Trade Representative. 302(b)(1)(A) of the Trade Act of 1974, as regarding such action, and all other ACTION: Request for comments and amended (Trade Act). See 85 FR 34709 appropriate and feasible action within notice of public hearing. (June 5, 2020) (notice of initiation). The the power of the President that the notice of initiation solicited written President may direct the U.S. Trade SUMMARY: The Office of the United comments on, inter alia, the following Representative to take under section States Trade Representative (USTR) aspects of Turkey’s DST: Discrimination 301(b), to obtain the elimination of that requests written comments regarding a against U.S. companies; retroactivity; act, policy, or practice. potential trade action in connection and possibly unreasonable tax policy. Section 301(c)(1)(B) of the Trade Act with the Section 301 investigation of With respect to tax policy, USTR authorizes the U.S. Trade Turkey’s Digital Services Tax (DST). solicited comments on, inter alia, Representative to impose duties on the USTR also will convene virtual public whether the DST diverged from goods of the foreign country subject to hearings and accept rebuttal comments principles reflected in the U.S. and the investigation. Pursuant to sections in relation to the potential action. international tax systems including 301(b) and (c), USTR proposes that the DATES: extraterritoriality; taxing revenue not U.S. Trade Representative should April 21, 2021: To be assured of income; and a purpose of penalizing determine that action is appropriate and consideration, submit requests to appear particular technology companies for that appropriate action would include at a hearing, along with a summary of their commercial success. Interested the imposition of additional ad valorem the testimony, by this date. persons filed over 380 written tariffs on certain products of Turkey. April 30, 2021: To be assured of submissions in response. The public In particular, USTR proposes to consideration, submit written comments submissions are available on impose additional tariffs of up to 25 by this date. www.regulations.gov in docket number percent ad valorem on an aggregate May 3, 2021: Multi-jurisdictional USTR–2020–0022. level of trade that would collect duties virtual hearing on proposed actions. Under section 303 of the Trade Act, on goods of Turkey in the range of the May 7, 2021 at 9:30 a.m.: Virtual the U.S. Trade Representative requested amount of the DST that Turkey is hearing on Turkey DST proposed action. consultations with the government of expected to collect from U.S. May 10, 2021: To be assured of Turkey regarding the issues involved in companies. Initial estimates indicate consideration, submit multi- the investigation. Consultations were that the value of the DST payable by jurisdictional hearing rebuttal held on September 29, 2020. U.S.-based company groups to Turkey comments by this date. Based on information obtained during will be up to approximately $160 May 14, 2021: To be assured of the investigation, USTR prepared a million per year. consideration, submit Turkey DST comprehensive report on Turkey’s DST USTR further proposes that the goods hearing rebuttal comments by this date. (Turkey DST Report). The Turkey DST of Turkey subject to additional tariffs ADDRESSES: Submit documents in Report is posted on the USTR website would be drawn from the preliminary response to this notice, including at https://ustr.gov/issue-areas/ list of products in the Annex to this written comments and hearing enforcement/section-301-investigations/ notice, as specified by the listed eight- appearance requests, through the online section-301-digital-services-taxes. The digit tariff subheadings. USTR portal: https:// report includes a full description of III. Request for Public Comments comments.ustr.gov/s/. Turkey’s DST, and supports findings FOR FURTHER INFORMATION CONTACT: For that Turkey’s DST is unreasonable and In accordance with section 304(b) of questions concerning the investigation, discriminatory and burdens or restricts the Trade Act (19 U.S.C. 2414(b)), USTR please contact Ben Allen or Patrick U.S commerce. invites comments from interested Childress, Assistant General Counsels at On January 6, 2021, based on the persons with respect to whether action (202) 395–9439 and (202) 395–9531, information obtained during the is appropriate, and if so, the appropriate respectively; Robert Tanner, Director, investigation and the advice of the action to be taken. Services and Investment at (202) 395– Section 301 Committee, the U.S. Trade USTR requests comments with 6125; or Michael Rogers, Director, Representative determined that Turkey’s respect to any issue related to the action Europe and the Middle East at (202) DST is unreasonable or discriminatory to be taken in this investigation. With 395–2684. For issues with on-line and burdens or restricts U.S. commerce, respect to the proposed tariff action submissions, please contact the USTR and therefore is actionable under outline above, USTR specifically invites Section 301 line at (202) 395–5725. sections 301(b) and 304(a) of the Trade comments regarding: VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16823 • The level of the burden or comments pertaining to multiple individual screen or page. Additionally, restriction on U.S. commerce resulting jurisdictions on May 3, 2021, beginning you will be able to upload documents at from Turkey’s DST, including the at 9:30 a.m. Those requesting to appear the end of the form and designate amount of DST payments owed by U.S. at the multi-jurisdictional hearing whether USTR should treat the companies, the annual growth rate of should have comments that are documents as business confidential or such payments, and other effects, such applicable to two or more DST public information. as compliance costs. investigations. For uploads containing BCI, the file • The appropriate aggregate level of For either hearing, you must submit a name of the business confidential trade to be covered by additional duties. request to appear at the specific hearing version should begin with the characters • The level of the increase, if any, in using the electronic portal at https:// ‘BCI’. Any page containing BCI must be the rate of duty. comments.ustr.gov/s/. You will be able clearly marked ‘BUSINESS • The specific products to be subject to view a docket entitled ‘Request to CONFIDENTIAL’ on the top of that page to increased duties, including whether Appear at Hearing on Proposed Action and the submission should clearly the tariff subheadings listed in the in Section 301 Investigation of Turkey’s indicate, via brackets, highlighting, or Annex should be retained or removed, Digital Services Tax.’ Requests to appear other means, the specific information or whether tariff subheadings not must include a summary of testimony, that is BCI. If you request business currently on the list should be added. and may be accompanied by a pre- In commenting on the inclusion or hearing submission. Remarks at the confidential treatment, you must certify removal of particular products on the hearing are limited to five minutes to in writing that disclosure of the preliminary list of products subject to allow for possible questions from the information would endanger trade the proposed additional duties, USTR Section 301 Committee. All submissions secrets or profitability, and that the requests that commenters address must be in English. To be assured of information would not customarily be specifically whether imposing increased consideration, USTR must receive your released to the public. Parties uploading duties on a particular product would be request to appear by April 21, 2021. attachments containing BCI also must practicable or effective to obtain the submit a public version of their elimination of Turkey’s acts, policies, V. Procedures for Written Submissions comments. The file name of the public and practices, and whether imposing You must submit written comments, version, which must be uploaded on additional duties on a particular rebuttal comments, and requests to https://comments.ustr.gov/s/, should product would cause disproportionate appear at the hearing using the begin with the character ‘P’. The ‘BCI’ economic harm to U.S. interests, electronic portal at https:// and ‘P’ should be followed by the name including small- or medium-size comments.ustr.gov/s. You will be able to of the person or entity submitting the businesses and consumers. view a docket entitled ‘Comments comments or rebuttal comments. If these Simultaneously with this notice, Concerning Proposed Action in Section procedures are not sufficient to protect USTR also is requesting public 301 Investigation of Turkey’s Digital BCI or otherwise protect business comments on proposed trade actions in Services Tax’ on the portal, docket interests, please contact the USTR five other DST investigations initiated at number USTR–2021–0006. Section Hotline 301 line at (202) 395– the same time as the Turkey DST You do not need to establish an 5725 to discuss whether alternative investigation. Certain interested persons account to submit comments. Fields arrangements are possible. USTR will may wish to provide written comments with a gray (BCI) notation are for post attachments uploaded to the docket or oral testimony on multi-jurisdictional Business Confidential Information and for public inspection, except for issues common to two or more the information entered will not be attachments marked as business investigations. To avoid duplication, the publicly available. Required fields are confidential. USTR portal will have a separate docket marked ‘Required’ and will have a red You can view all public submissions for multi-jurisdictional submissions, asterisk (*). Fields with a green (Public) on the USTR portal at https:// and USTR will hold a separate multi- notation will be viewable by the public. comments.ustr.gov/s. jurisdictional hearing. The first screen of the portal requires To be assured of consideration, you you to enter identification and contact Greta Peisch, must submit written comments on the information. Third party organizations General Counsel, Office of the United States proposed action by April 30, 2021, and such as law firms, trade associations, or Trade Representative. post-hearing rebuttal comments by May customs brokers, should identify the full Annex 10, 2021 for the multi-jurisdictional legal name of the organization they hearing, and by May 14, 2021 for the represent, and identify the primary Note: All products that are classified in the Turkey DST hearing. point of contact for the submission. The 8-digit subheadings of the Harmonized Tariff remaining fields of the form are IV. Hearing Participation Schedule of the United States (HTSUS) that optional. are listed in this Annex are covered by the The Section 301 Committee will After entering the identification and proposed action. The product descriptions convene a virtual public hearing for contact information, you can complete that are contained in this Annex are provided comments pertaining to the Turkey DST the remainder of the questionnaire, or for informational purposes only, and are not proposed action on May 7, 2021, any portion of it by clicking ‘Next.’ You intended to delimit in any way the scope of beginning at 9:30 a.m. Those requesting can comment on multiple products in a the proposed action. Any questions regarding to appear at this hearing should have single entry, or submit multiple the scope of a particular HTSUS subheading comments applicable only to the Turkey comments. You will be able to navigate should be referred to U.S. Customs and DST proposed action. through each screen of the form by Border Protection. In the product The Section 301 Committee will clicking ‘Next,’ with or without entering descriptions, the abbreviation ‘‘nesoi’’ means convene a virtual public hearing for a response to each field on an ‘‘not elsewhere specified or included’’. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16824 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices HTSUS subheading Product description 5701.10.16 ...... Carpets & other textile floor coverings, hand-knotted or hand-inserted, w/ov 50% by weight of the pile of fine animal hair, nesoi. 5701.10.40 ...... Carpets and other textile floor coverings, of wool or fine animal hair, hand-hooked (tufts were inserted and knotted by hand or hand tool). 5701.10.90 ...... Carpets and other textile floor coverings, of wool or fine animal hair, not hand-hooked, not hand knotted during weaving. 5701.90.10 ...... Carpet and other textile floor covering, knotted, of text. materials (not wool/hair) nesoi, pile inserted & knotted during weaving or knitting. 5702.10.90 ...... Kelem, Schumacks, Karamanie and similar hand-woven rugs, other than certified hand-loomed and folklore products. 5702.31.10 ...... Wilton, velvet and like floor coverings of pile construction, woven, not tufted or flocked, not made up, of wool or fine ani- mal hair. 5702.31.20 ...... Carpets and other textile floor coverings of pile construction, woven, not tufted or flocked, not made up, of wool/fine animal hair, nesoi. 5702.42.10 ...... Wilton, velvet and like floor coverings of pile construction, woven, not tufted or flocked, made up, of man-made textile ma- terials. 5702.49.10 ...... Carpets not other textile floor coverings of pile construction, woven, not tufted or flocked, made up, of cotton. 5702.92.10 ...... Hand-loomed carpet & other textile floor coverings, not of pile construction, woven, made up, of man-made textile mate- rials, nesoi. 5702.92.90 ...... Carpet & other textile floor coverings, not of pile construction, woven, made up, of man-made textile materials, nesoi. 5702.99.05 ...... Hand-loomed carpets and other textile floor coverings, not of pile construction, woven, made up, of cotton. 5702.99.15 ...... Carpets and other textile floor coverings, not of pile construction, woven, made up, of cotton, nesoi. 5703.20.20 ...... Carpets and other textile floor coverings, tufted, whether or not made up, of nylon or other polyamides, nesoi. 5703.30.80 ...... Carpets & other textile floor coverings, tufted, whether or not made up, of man-made textile materials (not nylon/other polyamides), nesoi. 5703.90.00 ...... Carpets and other textile floor coverings, tufted, whether or not made up, of other textile materials nesoi. 6302.22.20 ...... Bed linen, not knitted or crocheted, printed, of manmade fibers, nesoi. 6302.32.20 ...... Bed linen, not knitted or crocheted, not printed, of manmade fibers, nesoi. 6303.91.00 ...... Curtains (including drapes), interior blinds and valances of cotton, not knitted or crocheted. 6802.10.00 ...... Tiles/cubes/similar arts. of natural stone, enclosable in a sq. w/a side less than 7 cm; artificially colored granules, chip- pings & powder. 6802.21.10 ...... Monumental or building stone & arts. thereof, of travertine, simply cut/sawn, w/flat or even surface. 6802.21.50 ...... Monumental or building stone & arts. thereof, of marble & alabaster, simply cut/sawn, w/flat or even surface. 6802.92.00 ...... Monumental or building stone & arts. thereof, of calcareous stone, nesoi, further worked than simply cut/sawn, nesoi. 6907.21.10 ...... Unglazed ceramic tiles, other than those of subheading 6907.30 and 6907.40, of H2O absorp coeff by wt <=0.5%. 6907.21.40 ...... Glazed ceramic tiles having surface area >=38.7cm2, , surf area in sq w/side <7cm, of a H2O absorp coeff by wt <=0.5%. 6907.21.90 ...... Glazed ceramic tiles nesoi, of a H2O absorp coeff by wt <=0.5%. 6907.23.90 ...... Glazed ceramic tiles nesoi, of a H2O absorp coeff by wt >10%. 6907.30.20 ...... Glazed ceramic mosaic cubes having <=3229 tiles per m2, surf area in sq w/side <7cm. 6907.30.30 ...... Glazed ceramic mosaic cubes having surface area <38.7cm2, surf area in sq w/side <7cm. 6907.30.90 ...... Glazed ceramic mosaic cubes nesoi, o/t subheading 6907.40. 6907.40.90 ...... Glazed finishing ceramics nesoi. 6910.10.00 ...... Porcelain or china ceramic sinks, washbasins, baths, bidets, water closet bowls, urinals & siml. sanitary fixtures. 6910.90.00 ...... Ceramic (o/than porcelain or china) sinks, washbasins, baths, bidets, water closet bowls, urinals & siml. sanitary fixtures. 6913.10.50 ...... Porcelain or china (o/than bone china) statuettes and other ornamental articles, nesoi. 6913.90.50 ...... Ceramic (o/than porcelain, china or earthenware) ornamental articles, nesoi. 7113.11.20 ...... Silver articles of jewelry and parts thereof, nesoi, valued not over $18 per dozen pieces or parts. 7113.11.50 ...... Silver articles of jewelry and parts thereof, nesoi, valued over $18 per dozen pieces or parts. 7113.19.25 ...... Gold mixed link necklaces and neck chains. 7113.19.30 ...... Precious metal (o/than silver) clasps and parts thereof. 7113.19.50 ...... Precious metal (o/than silver) articles of jewelry and parts thereo, whether or not plated or clad with precious metal, nesoi. 7113.20.29 ...... Base metal clad w/gold necklaces and neck chains, nesoi. 7113.20.50 ...... Base metal clad w/precious metal articles of jewelry and parts thereof, nesoi. 7116.20.05 ...... Jewelry articles of precious or semiprecious stones, valued not over $40 per piece. 7117.19.90 ...... Imitation jewelry (o/than toy jewelry & rope, curb, cable, chain, etc.), of base metal (wheth. or n/plated w/prec.metal), nesoi. 7117.90.90 ...... Imitation jewelry not of base metal or plastics, nesoi, over 20 cents/dozen pcs or pts. [FR Doc. 2021–06626 Filed 3–30–21; 8:45 am] ACTION: Request for comments and April 21, 2021: To be assured of BILLING CODE 3290–F1–P notice of public hearing. consideration, submit requests to appear at a hearing, along with a summary of SUMMARY: The Office of the United the testimony, by this date. OFFICE OF THE UNITED STATES States Trade Representative (USTR) TRADE REPRESENTATIVE April 30, 2021: To be assured of requests written comments regarding a consideration, submit written comments potential trade action in connection by this date. [Docket Number USTR–2021–0003] with the Section 301 investigation of May 3, 2021: Multi-jurisdictional India’s Digital Services Tax (DST). Proposed Action in Section 301 virtual hearing on proposed actions. Investigation of India’s Digital Services USTR also will convene virtual public May 10, 2021: To be assured of Tax hearings and accept rebuttal comments in relation to the potential action. consideration, submit multi- AGENCY: Office of the United States jurisdictional hearing rebuttal Trade Representative. DATES: comments by this date. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16825 May 10, 2021 at 9:30 a.m.: Virtual Based on information obtained during notice, as specified by the listed eight- hearing on India DST proposed action. the investigation, USTR prepared a digit tariff subheadings. May 17, 2021: To be assured of comprehensive report on India’s DST III. Request for Public Comments consideration, submit India DST hearing (India DST Report). The India DST rebuttal comments by this date. Report is posted on the USTR website In accordance with section 304(b) of ADDRESSES: Submit documents in at https://ustr.gov/issue-areas/ the Trade Act (19 U.S.C. 2414(b)), USTR response to this notice, including enforcement/section-301-investigations/ invites comments from interested written comments and hearing section-301-digital-services-taxes. The persons with respect to whether action appearance requests, through the online report includes a full description of is appropriate, and if so, the appropriate USTR portal: https:// India’s DST, and supports findings that action to be taken. comments.ustr.gov/s/. India’s DST is unreasonable and USTR requests comments with respect to any issue related to the action FOR FURTHER INFORMATION CONTACT: For discriminatory and burdens or restricts to be taken in this investigation. With questions concerning the investigation, U.S commerce. respect to the proposed tariff action please contact Ben Allen or Patrick On January 6, 2021, based on the outlined above, USTR specifically Childress, Assistant General Counsels at information obtained during the invites comments regarding: (202) 395–9439 and (202) 395–9531, investigation and the advice of the • Section 301 Committee, the U.S. Trade The level of the burden or respectively; Robert Tanner, Director, restriction on U.S. commerce resulting Services and Investment at (202) 395– Representative determined that India’s DST is unreasonable or discriminatory from India’s DST, including the amount 6125; or Brendan Lynch, Deputy of DST payments owed by U.S. Assistant U.S. Trade Representative for and burdens or restricts U.S. commerce, and therefore is actionable under companies, the annual growth rate of South and Central Asian Affairs at (202) such payments, and other effects, such 395–2851. For issues with on-line sections 301(b) and 304(a) of the Trade Act (19 U.S.C. 2411(b) and 2414(a)). See as compliance costs. submissions, please contact the USTR • The appropriate aggregate level of 86 FR 2478 (January 12, 2021). Section 301 line at (202) 395–5725. trade to be covered by additional duties. SUPPLEMENTARY INFORMATION: II. Proposed Action • The level of the increase, if any, in I. Proceedings in the Investigation the rate of duty. Section 301(b) provides that upon • The specific products to be subject India has adopted a DST that imposes determining that the acts, policies, and to increased duties, including whether a two percent tax on revenue generated practices under investigation are the tariff subheadings listed in the from a broad range of digital services actionable and that action is Annex should be retained or removed, offered in India, including digital appropriate, the U.S. Trade or whether tariff subheadings not platform services, digital content sales, Representative shall take all appropriate currently on the list should be added. digital sales of a company’s own goods, and feasible action authorized under In commenting on the inclusion or data-related services, software-as-a- section 301(c), subject to the specific removal of particular products on the service, and several other categories of direction, if any, of the President preliminary list of products subject to digital services. India’s DST only regarding such action, and all other the proposed additional duties, USTR applies to ‘‘non-resident’’ companies. appropriate and feasible action within requests that commenters specifically On June 2, 2020, the U.S. Trade the power of the President that the address whether imposing increased Representative initiated an investigation President may direct the U.S. Trade duties on a particular product would be of India’s DST pursuant to section Representative to take under section practicable or effective to obtain the 302(b)(1)(A) of the Trade Act of 1974, as 301(b), to obtain the elimination of that elimination of India’s acts, policies, and amended (Trade Act). See 85 FR 34709 act, policy, or practice. practices, and whether imposing (June 5, 2020) (notice of initiation). The Section 301(c)(1)(B) of the Trade Act additional duties on a particular notice of initiation solicited written authorizes the U.S. Trade product would cause disproportionate comments on, inter alia, the following Representative to impose duties on the economic harm to U.S. interests, aspects of India’s DST: Discrimination goods of the foreign country subject to including small- or medium-size against U.S. companies; retroactivity; the investigation. Pursuant to sections businesses and consumers. and possibly unreasonable tax policy. 301(b) and (c), USTR proposes that the Simultaneously with this notice, With respect to tax policy, USTR U.S. Trade Representative should USTR also is requesting public solicited comments on, inter alia, determine that action is appropriate and comments on proposed trade actions in whether the DST diverged from that appropriate action would include five other DST investigations initiated at principles reflected in the U.S. and the imposition of additional ad valorem the same time as the India DST international tax systems including tariffs on certain products of India. investigation. Certain interested persons extraterritoriality; taxing revenue not In particular, USTR proposes to may wish to provide written comments income; and a purpose of penalizing impose additional tariffs of up to 25 or oral testimony on multi-jurisdictional particular technology companies for percent ad valorem on an aggregate issues common to two or more their commercial success. Interested level of trade that would collect duties investigations. To avoid duplication, the persons filed over 380 written on goods of India in the range of the USTR portal will have a separate docket submissions in response. The public amount of DST that India is expected to for multi-jurisdictional submissions, submissions are available on collect from U.S. companies. Initial and USTR will hold a separate multi- www.regulations.gov in docket number estimates indicate that the value of the jurisdictional hearing. USTR–2020–0022. DST payable by U.S.-based company To be assured of consideration, you Under section 303 of the Trade Act, groups to India will be up to must submit written comments on the the U.S. Trade Representative requested approximately $55 million per year. proposed action by April 30, 2021, and consultations with the government of USTR further proposes that the goods post-hearing rebuttal comments by May India regarding the issues involved in of India subject to additional tariffs 10, 2021 for the multi-jurisdictional the investigation. Consultations were would be drawn from the preliminary hearing, and by May 17, 2021 for the held on November 5, 2020. list of products in the Annex to this India DST hearing. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16826 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices IV. Hearing Participation view a docket entitled ‘Comments version should begin with the characters The Section 301 Committee will Concerning Proposed Action in Section ‘BCI’. Any page containing BCI must be convene a virtual public hearing for 301 Investigation of India’s Digital clearly marked ‘BUSINESS comments pertaining to the India DST Services Tax’ on the portal, docket CONFIDENTIAL’ on the top of that page proposed action on May 10, 2021, number USTR–2021–0003. and the submission should clearly beginning at 9:30 a.m. Those requesting You do not need to establish an indicate, via brackets, highlighting, or to appear at this hearing should have account to submit comments. Fields other means, the specific information comments applicable only to the India with a gray (BCI) notation are for that is BCI. If you request business DST proposed action. Business Confidential Information and confidential treatment, you must certify The Section 301 Committee will the information entered will not be in writing that disclosure of the convene a virtual public hearing for publicly available. Required fields are information would endanger trade comments pertaining to multiple marked ‘Required’ and will have a red secrets or profitability, and that the jurisdictions on May 3, 2021, beginning asterisk (*). Fields with a green (Public) information would not customarily be at 9:30 a.m. Those requesting to appear notation will be viewable by the public. released to the public. Parties uploading The first screen of the portal requires at the multi-jurisdictional hearing attachments containing BCI also must you to enter identification and contact should have comments that are submit a public version of their information. Third party organizations applicable to two or more DST comments. The file name of the public such as law firms, trade associations, or investigations. version, which must be uploaded on customs brokers should identify the full For either hearing, you must submit a https://comments.ustr.gov/s/, should legal name of the organization they request to appear at the specific hearing begin with the character ‘P’. The ‘BCI’ represent, and identify the primary using the electronic portal at https:// and ‘P’ should be followed by the name point of contact for the submission. The comments.ustr.gov/s/. You will be able of the person or entity submitting the remaining fields of the form are to view a docket entitled ‘Request to comments or rebuttal comments. If these optional. Appear at Hearing on Proposed Action procedures are not sufficient to protect in Section 301 Investigation of India’s After entering the identification and contact information, you can complete BCI or otherwise protect business Digital Services Tax.’ Requests to appear interests, please contact the USTR must include a summary of testimony, the remainder of the questionnaire, or Section Hotline 301 line at (202) 395– and may be accompanied by a pre- any portion of it by clicking ‘Next.’ You 5725 to discuss whether alternative hearing submission. Remarks at the can comment on multiple products in a arrangements are possible. USTR will hearing are limited to five minutes to single entry, or submit multiple post attachments uploaded to the docket allow for possible questions from the comments. You will be able to navigate Section 301 Committee. All submissions through each screen of the form by for public inspection, except for must be in English. To be assured of clicking ‘Next,’ with or without entering attachments marked as business consideration, USTR must receive your a response to each field on an confidential. request to appear by April 21, 2021. individual screen or page. Additionally, You can view all public submissions you will be able to upload documents at on the USTR portal at https:// V. Procedures for Written Submissions the end of the form and designate comments.ustr.gov/s. You must submit written comments, whether USTR should treat the rebuttal comments, and requests to documents as business confidential or Greta Peisch, appear at the hearing using the public information. General Counsel, Office of the United States electronic portal at https:// For uploads containing BCI, the file Trade Representative. comments.ustr.gov/s. You will be able to name of the business confidential BILLING CODE 3290–F1–P VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16827 Annex Note: All products that are classified in the eight-digit subheadings of the Harmonized Tariff Schedule of the United States (HTSUS) that are listed in this Annex are covered by the proposed action. The product descriptions that are contained in this Annex are provided for informational purposes only, and are not intended to delimit in any way the scope of the proposed action. Any questions regarding the scope of a particular HT SUS subheading should be referred to U.S. Customs and Border Protection. In the product descriptions, the abbreviation "nesoi" means "not elsewhere specified or included". HTSUS Subheading Product Description 0306.16.00 ...... Cold-water shrimps and prawns, cooked in shell or uncooked, dried, salted or in brine, frozen 0306.35.00 Cold water shrimps and prawns, shell-on or peeled, live, frozen, or chilled 0306.95.00 Other shrimps and prawns, shell-on or peeled 1006.20.20 Basmati rice, husked 4421.91.40 Blinds, shutters, screens and shades of bamboo, with wooden frames w/o fixed louver boards or slats in the center 4421.91.94 Edge-glued lumber of bamboo 4421.91.97 Other articles, nesoi, of bamboo, incl pencil slats, burial caskets, gates for confining children or pets 4421.99.97 Other articles, nesoi, of wood other than of bamboo, incl pencil slats, burial caskets, gates for confining children or pets, 4503.10.40 Corks and stoppers of natural cork, tapered & of a thickness ( or length) greater than the maximum diam., over 19 mm maximum diam., nesoi 4813.10.00 Cigarette paper in the form of booklets or tubes 4813.90.00 Cigarette paper, whether or not cut to size, nesoi 5109.90.90 Yarn of wool nesoi, or fine animal hair nesoi, < 85% of that wool/hair, put up for retail sale, nesoi 6212.10.50 ...... Brassieres containing lace, net or embroidery, containing under 70% by weight of silk or silk waste, whether or not knitted or crocheted 7101.22.30 ...... Cultured pearls, worked, graded and temporarily strung for convenience of transport 7101.22.60 ...... Cultured pearls, worked, not strung, mounted or set 7103.99.50 ...... Precious or semiprecious stones, nesoi, worked, whether or not graded, but n/strung ( ex. ungraded temporarily strung), mtd. or set 7104.90.50 ...... Synth. or reconstruct. precious or semiprecious stones, wkd, whether or not graded, but n/strung (ex. ungraded temp. strung), mtd./set, nes01 7106.10.00 ...... Silver powder 7113.11.20 ...... Silver articles of jewelry and parts thereof, nesoi, valued not over $18 per dozen pieces or parts 7113.19.21 Gold rope necklaces and neck chains 7113.19.25 Gold mixed link necklaces and neck chains VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00127 Fmt 4703 Sfmt 4725 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES EN31MR21.003 16828 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 7113.20.25 ...... Base metal clad w/gold mixed link necklaces and neck chains 7113.20.50 ...... Base metal clad w/precious metal articles of jewelry and parts thereof, nesoi 7114.20.00 ...... Goldsmiths' or silversmiths' wares of base metal clad with precious metal 7116.20.05 ...... Jewelry articles of precious or semiprecious stones, valued not over $40 per piece 7116.20.15 ...... Jewelry articles of precious or semiprecious stones, valued over $40 per piece 7116.20.30 ...... Semiprecious stones ( except rock crystal), graded and strung temporarily for convenience of transport 7116.20.35 ...... Semiprecious stone (except rock crystal) figurines 7116.20.40 ...... Semiprecious stone (except rock crystal) articles (other than jewelry and figurines) 7116.20.50 ...... Precious stone articles, nesoi 7410.21.30 ...... Refined copper, clad laminates, w/thickness of 0.15 mm or less, backed 7504.00.00 Nickel, powders and flakes 9401.69.20 Seats nesoi, of bent-wood 9401.69.40 Chairs nesoi, w/teak frames, not upholstered 9401.69.60 Chairs nesoi, w/wooden frames (o/than teak), not upholstered 9401.69.80 Seats ( o/than chairs) nesoi, w/wooden frames, not upholstered 9403.50.40 Furniture (o/than seats) of bentwood nesoi, of a kind used in the bedroom 9403.50.90 Furniture ( o/than seats) of wood ( o/than bentwood), of a kind used in the bedroom & not designed for motor vehicle use 9403.83.00 Rattan furniture and parts 9504.30.00 Coin- or token-operated games for arcade, table or parlor ( o/than bowling alley equipment) nesoi and parts and accessories thereof [FR Doc. 2021–06627 Filed 3–30–21; 8:45 am] Indonesia because these jurisdictions Southeast Asia and the Pacific at (202) BILLING CODE 3290–F1–C either have not adopted or not 395–4088 (for Indonesia). implemented a DST during the period of DATES: The Section 301 investigations of investigation. DSTs under consideration by Brazil, the OFFICE OF THE UNITED STATES Czech Republic, the European Union, FOR FURTHER INFORMATION CONTACT: For TRADE REPRESENTATIVE and Indonesia are terminated as of questions concerning the investigations, March 26, 2021. Termination of Section 301 Digital please contact Benjamin Allen or SUPPLEMENTARY INFORMATION: Services Tax Investigations of Brazil, Patrick Childress, Assistant General On June 2, 2020, the U.S. Trade Representative the Czech Republic, the European Counsels at (202) 395–9439 and (202) initiated investigations pursuant to Union, and Indonesia 395–9531, respectively; or Robert section 302(b)(1)(A) of the Trade Act of Tanner, Director, Services and AGENCY: Office of the United States 1974, as amended, of DSTs under Trade Representative (USTR). Investment at (202) 395–6125. For consideration by Brazil, the Czech jurisdiction-specific questions, please ACTION: Notice. Republic, the European Union, and contact: Courtney Smothers, Deputy Indonesia. 85 FR 34709 (June 5, 2020). SUMMARY: The U.S. Trade Assistant U.S. Trade Representative for On January 13, 2021, USTR issued a Representative is terminating the Latin America at (202) 395–7657 (for status update on these four Section 301 investigations of Digital Brazil); Michael Rogers, Director, investigations: https://ustr.gov/sites/ Services Taxes (DSTs) under Europe and the Middle East at (202) default/files/files/Press/Releases/Status consideration by Brazil, the Czech 395–2684 (for the Czech Republic and Update301InvestigationsBEUIndCR.pdf. Republic, the European Union, and the EU); or Bart Thanhauser, Director for The status update summarizes the DSTs VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES EN31MR21.004 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16829 under consideration, outlines USTR’s May 4, 2021 at 9:30 a.m.: Virtual Under section 303 of the Trade Act, preliminary concerns with each of the hearing on the United Kingdom DST the U.S. Trade Representative requested proposed DSTs, and notes that USTR proposed action. consultations with the government of would continue to monitor the status. May 10, 2021: To be assured of the United Kingdom regarding the As of March 25, 2021, Brazil, the consideration, submit multi- issues involved in the investigation. Czech Republic, and the European jurisdictional hearing rebuttal Consultations were held on December 4, Union have not adopted DSTs, and comments by this date. 2020. Indonesia has not implemented a DST. May 11, 2021: To be assured of Based on information obtained during Under the Section 301 statute, consideration, submit the United the investigation, USTR prepared a determinations must be made within Kingdom DST hearing rebuttal comprehensive report on the United one year of initiation, or in this case by comments by this date. Kingdom’s DST (United Kingdom DST June 2, 2021. Even if one or more of Report). The United Kingdom DST ADDRESSES: these jurisdictions were to adopt or Submit documents in Report is posted on the USTR website implement a DST prior to June 2, USTR response to this notice, including at https://ustr.gov/issue-areas/ would not have sufficient time to written comments and hearing enforcement/section-301-investigations/ determine whether the DST was appearance requests, through the online section-301-digital-services-taxes. The actionable under Section 301 and, if so, USTR portal: https:// report includes a full description of the what action, if any, to take to obtain the comments.ustr.gov/s/. United Kingdom’s DST, and supports elimination of the measure. FOR FURTHER INFORMATION CONTACT: For findings that the United Kingdom’s DST Accordingly, the U.S. Trade questions concerning the investigation, is unreasonable and discriminatory and Representative has determined that it is please contact Ben Allen or Patrick burdens or restricts U.S commerce. appropriate to terminate these Childress, Assistant General Counsels at On January 14, 2021, based on the investigations at this time. USTR will (202) 395–9439 and (202) 395–9531, information obtained during the continue to monitor the status of any respectively; Robert Tanner, Director, investigation and the advice of the proposed or adopted DST in these four Services and Investment at (202) 395– Section 301 Committee, the U.S. Trade jurisdictions, and may, if appropriate, 6125; or Michael Rogers, Director, Representative determined that the initiate one or more new Section 301 Europe and the Middle East at (202) United Kingdom’s DST is unreasonable investigations. 395–2684. For issues with on-line or discriminatory and burdens or submissions, please contact the USTR restricts U.S. commerce, and therefore is Greta Peisch, Section 301 line at (202) 395–5725. actionable under sections 301(b) and General Counsel, Office of the United States 304(a) of the Trade Act (19 U.S.C. SUPPLEMENTARY INFORMATION: Trade Representative. 2411(b) and 2414(a)). See 86 FR 6406 [FR Doc. 2021–06612 Filed 3–30–21; 8:45 am] I. Proceedings in the Investigation (January 21, 2021). BILLING CODE 3290–F1–P The United Kingdom’s has adopted a II. Proposed Action DST that applies a two percent tax on Section 301(b) provides that upon OFFICE OF THE UNITED STATES the revenues of certain search engines, determining that the acts, policies, and TRADE REPRESENTATIVE social media platforms and online practices under investigation are marketplaces. The United Kingdom’s actionable and that action is [Docket Number USTR–2021–0007] DST applies only to companies with appropriate, the U.S. Trade digital services revenues exceeding £500 Proposed Action in Section 301 Representative shall take all appropriate million and United Kingdom digital Investigation of the United Kingdom’s and feasible action authorized under services revenues exceeding £25 Digital Services Tax section 301(c), subject to the specific million. direction, if any, of the President AGENCY: Office of the United States On June 2, 2020, the U.S. Trade regarding such action, and all other Trade Representative. Representative initiated an investigation appropriate and feasible action within ACTION: Request for comments and of the United Kingdom’s DST pursuant the power of the President that the notice of public hearing. to section 302(b)(1)(A) of the Trade Act President may direct the U.S. Trade of 1974, as amended (Trade Act). See 85 Representative to take under section SUMMARY: The Office of the United FR 34709 (June 5, 2020) (notice of 301(b), to obtain the elimination of that States Trade Representative (USTR) initiation). The notice of initiation act, policy, or practice. requests written comments regarding a solicited written comments on, inter Section 301(c)(1)(B) of the Trade Act potential trade action in connection alia, the following aspects of the United authorizes the U.S. Trade with the Section 301 investigation of the Kingdom’s DST: Discrimination against Representative to impose duties on the United Kingdom’s Digital Services Tax U.S. companies; retroactivity; and goods of the foreign country subject to (DST). USTR also will convene virtual possibly unreasonable tax policy. With the investigation. Pursuant to sections public hearings and accept rebuttal respect to tax policy, USTR solicited 301(b) and (c), USTR proposes that the comments in relation to the potential comments on, inter alia, whether the U.S. Trade Representative should action. DST diverged from principles reflected determine that action is appropriate and DATES: in the U.S. and international tax systems that appropriate action would include April 21, 2021: To be assured of including extraterritoriality; taxing the imposition of additional ad valorem consideration, submit requests to appear revenue not income; and a purpose of tariffs on certain products of the United at a hearing, along with a summary of penalizing particular technology Kingdom. the testimony, by this date. companies for their commercial success. In particular, USTR proposes to April 30, 2021: To be assured of Interested persons filed over 380 written impose additional tariffs of up to 25 consideration, submit written comments submissions in response. The public percent ad valorem on an aggregate by this date. submissions are available on level of trade that would collect duties May 3, 2021: Multi-jurisdictional www.regulations.gov in docket number on goods of the United Kingdom in the virtual hearing on proposed actions. USTR–2020–0022. range of the amount of the DST that the VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16830 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices United Kingdom is expected to collect a separate docket for multi- asterisk (*). Fields with a green (Public) from U.S. companies. Initial estimates jurisdictional submissions, and USTR notation will be viewable by the public. indicate that the value of the DST will hold a separate multi-jurisdictional The first screen of the portal requires payable by U.S.-based company groups hearing. you to enter identification and contact To be assured of consideration, you to the United Kingdom will be up to information. Third party organizations approximately $325 million per year. must submit written comments on the such as law firms, trade associations, or USTR further proposes that the goods proposed action by April 30, 2021, and of the United Kingdom subject to post-hearing rebuttal comments by May customs brokers, should identify the full additional tariffs would be drawn from 10, 2021 for the multi-jurisdictional legal name of the organization they the preliminary list of products in the hearing, and by May 11, 2021 for the represent, and identify the primary Annex to this notice, as specified by the United Kingdom DST hearing. point of contact for the submission. The listed eight-digit tariff subheadings. remaining fields of the form are IV. Hearing Participation optional. III. Request for Public Comments The Section 301 Committee will After entering the identification and In accordance with section 304(b) of convene a virtual public hearing for contact information, you can complete comments pertaining to the United the Trade Act (19 U.S.C. 2414(b)), USTR the remainder of the questionnaire, or Kingdom DST proposed action on May invites comments from interested any portion of it by clicking ‘Next.’ You 4, 2021, beginning at 9:30 a.m. Those persons with respect to whether action can comment on multiple products in a is appropriate, and if so, the appropriate requesting to appear at this hearing single entry, or submit multiple action to be taken. should have comments applicable only USTR requests comments with to the United Kingdom DST proposed comments. You will be able to navigate respect to any issue related to the action action. through each screen of the form by to be taken in this investigation. With The Section 301 Committee will clicking ‘Next,’ with or without entering respect to the proposed tariff action convene a virtual public hearing for a response to each field on an outline above, USTR specifically invites comments pertaining to multiple individual screen or page. Additionally, comments regarding: jurisdictions on May 3, 2021, beginning you will be able to upload documents at • The level of the burden or at 9:30 a.m. Those requesting to appear the end of the form and designate restriction on U.S. commerce resulting at the multi-jurisdictional hearing whether USTR should treat the from the United Kingdom’s DST, should have comments that are documents as business confidential or including the amount of DST payments applicable to two or more DST public information. owed by U.S. companies, the annual investigations. For uploads containing BCI, the file For either hearing, you must submit a growth rate of such payments, and other name of the business confidential request to appear at the specific hearing effects, such as compliance costs. version should begin with the characters • The appropriate aggregate level of using the electronic portal at https:// trade to be covered by additional duties. comments.ustr.gov/s/. You will be able ‘BCI’. Any page containing BCI must be • The level of the increase, if any, in to view a docket entitled ‘Request to clearly marked ‘BUSINESS the rate of duty. Appear at Hearing on Proposed Action CONFIDENTIAL’ on the top of that page • The specific products to be subject in Section 301 Investigation of the and the submission should clearly to increased duties, including whether United Kingdom’s Digital Services Tax.’ indicate, via brackets, highlighting, or the tariff subheadings listed in the Requests to appear must include a other means, the specific information Annex should be retained or removed, summary of testimony, and may be that is BCI. If you request business or whether tariff subheadings not accompanied by a pre-hearing confidential treatment, you must certify currently on the list should be added. submission. Remarks at the hearing are in writing that disclosure of the In commenting on the inclusion or limited to five minutes to allow for information would endanger trade removal of particular products on the possible questions from the Section 301 secrets or profitability, and that the preliminary list of products subject to Committee. All submissions must be in information would not customarily be the proposed additional duties, USTR English. To be assured of consideration, released to the public. Parties uploading requests that commenters specifically USTR must receive your request to attachments containing BCI also must address whether imposing increased appear by April 21, 2021. submit a public version of their duties on a particular product would be V. Procedures for Written Submissions comments. The file name of the public practicable or effective to obtain the version, which must be uploaded on elimination of the United Kingdom’s You must submit written comments, https://comments.ustr.gov/s/, should acts, policies, and practices, and rebuttal comments, and requests to begin with the character ‘P’. The ‘BCI’ whether imposing additional duties on appear at the hearing using the a particular product would cause electronic portal at https:// and ‘P’ should be followed by the name disproportionate economic harm to U.S. comments.ustr.gov/s. You will be able to of the person or entity submitting the interests, including small- or medium- view a docket entitled ‘Comments comments or rebuttal comments. If these size businesses and consumers. Concerning Proposed Action in Section procedures are not sufficient to protect Simultaneously with this notice, 301 Investigation of the United BCI or otherwise protect business USTR also is requesting public Kingdom’s Digital Services Tax’ on the interests, please contact the USTR comments on proposed trade actions in portal, docket number USTR–2021– Section Hotline 301 line at (202) 395– five other DST investigations initiated at 0007. 5725 to discuss whether alternative the same time as the United Kingdom You do not need to establish an arrangements are possible. USTR will DST investigation. Certain interested account to submit comments. Fields post attachments uploaded to the docket persons may wish to provide written with a gray (BCI) notation are for for public inspection, except for comments or oral testimony on multi- Business Confidential Information and attachments marked as business jurisdictional issues common to two or the information entered will not be confidential. more investigations. To avoid publicly available. Required fields are duplication, the USTR portal will have marked ‘Required’ and will have a red VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16831 You can view all public submissions Tariff Schedule of the United States (HTSUS) ‘‘nesoi’’ means ‘‘not elsewhere specified or on the USTR portal at https:// that are listed in this Annex are covered by included’’. comments.ustr.gov/s. the proposed action. The product descriptions that are contained in this Annex Greta Peisch, are provided for informational purposes only, General Counsel, Office of the United States and are not intended to delimit in any way Trade Representative. the scope of the proposed action. Any Annex questions regarding the scope of a particular HTSUS subheading should be referred to Note: All products that are classified in the U.S. Customs and Border Protection. In the eight-digit subheadings of the Harmonized product descriptions, the abbreviation HTSUS subheading Product description 3213.90.00 ...... Artists’, students’ or signboard painters’ colors, in tablets, tubes, jars, bottles, pans or in similar packings, not in sets. 3303.00.10 ...... Floral or flower waters, not containing alcohol. 3303.00.20 ...... Perfumes and toilet waters, other than floral or flower waters, not containing alcohol. 3303.00.30 ...... Perfumes and toilet waters, containing alcohol. 3304.10.00 ...... Lip make-up preparations. 3304.20.00 ...... Eye make-up preparations. 3304.30.00 ...... Manicure or pedicure preparations. 3304.91.00 ...... Beauty or make-up powders, whether or not compressed. 3304.99.10 ...... Petroleum jelly put up for retail sale. 3304.99.50 ...... Beauty or make-up preparations & preparations for the care of the skin, excl. medicaments but incl. sunscreen or sun tan preparations, nesoi. 3305.10.00 ...... Shampoos. 3305.20.00 ...... Preparations for permanent waving or straightening the hair. 3305.30.00 ...... Hair lacquers. 3305.90.00 ...... Preparations for use on the hair, nesoi. 3306.90.00 ...... Preparations for oral or dental hygiene, including denture fixative pastes and powders, excluding dentifrices. 3307.10.10 ...... Pre-shave, shaving or after-shave preparations, not containing alcohol. 3307.10.20 ...... Pre-shave, shaving or after-shave preparations, containing alcohol. 3307.30.10 ...... Bath salts, whether or not perfumed. 3307.30.50 ...... Bath preparations, other than bath salts. 3307.49.00 ...... Preparations for perfuming or deodorizing rooms, including odoriferous preparations used during religious rites, nesoi. 3307.90.00 ...... Depilatories and other perfumery, cosmetic or toilet preparations. nesoi. 4201.00.60 ...... Saddlery and harnesses for animals nesoi, (incl. traces, leads, knee pads, muzzles, saddle cloths and bags and the like), of any material. 6104.43.20 ...... Women’s or girls’ dresses, knitted or crocheted, of synthetic fibers, nesoi. 6201.12.20 ...... Men’s or boys’ overcoats, carcoats, capes, & similar coats of cotton, not knit or crocheted, not containing 15% or more by wt of down, etc. 6201.92.45 ...... Men’s or boys’ anoraks, windbreakers & sim articles nesoi, not knit/crochet, cotton, not cont. 15% or more by wt of down, etc, o/than rec perf outwear. 6202.12.20 ...... Women’s or girls’ overcoats, carcoats, etc, not knitted or crocheted, of cotton, not containing 15% or more by weight of down, etc. 6202.13.40 ...... Women’s or girls’ overcoats, carcoats, capes, cloaks and similar articles, not knitted or crocheted, of man-made fibers, nesoi. 6202.92.90 ...... Women’s/girls’ anoraks, windbreakers & similar articles, nt knit/crochet, cotton, nt cont. 15% or more by wt of down, etc, o/ than rec perf outwear. 6204.43.40 ...... Women’s or girls’ dresses, not knitted or crocheted, of synthetic fibers, nesoi. 6204.44.40 ...... Women’s or girls’ dresses, not knitted or crocheted, of artificial fibers, nesoi. 6204.49.10 ...... Women’s or girls’ dresses, not knitted or crocheted, containing 70% or more by weight of silk or silk waste. 6205.20.20 ...... Men’s or boys’ shirts, not knitted or crocheted, of cotton, nesoi. 6215.10.00 ...... Ties, bow ties and cravats, not knitted or crocheted, of silk or silk waste. 6403.59.30 ...... Footwear w/outer soles and uppers of leather, not covering the ankle, welt, nesoi. 6403.59.90 ...... Footwear w/outer soles and uppers of leather, not cov. ankle, n/welt, for persons other than men, youths and boys. 6403.91.30 ...... Footwear w/outer soles of rubber/plastics/composition leather & uppers of leather, covering the ankle, welt. 6403.99.60 ...... Footwear w/outer soles of rubber/plastics/comp. leather & uppers of leather, n/cov. ankle, n/welt, for men, youths and boys, nesoi. 6404.20.40 ...... Footwear w/outer soles of leather/comp. leath., n/o 50% by wt. rub./plast. or rub./plast./text. & 10%+ by wt. rub./plast., val. o/$2.50/pr. 6903.90.00 ...... Refractory ceramic goods (o/than of siliceous fossil meals or earths), nesoi. 6907.23.90 ...... Glazed ceramic tiles nesoi, of a H2O absorp coeff by wt >10%. 6907.30.90 ...... Glazed ceramic mosaic cubes nesoi, o/t subheading 6907.40. 6909.19.50 ...... Ceramic wares for laboratory, chemical or other technical uses (o/than of porcelain or china), nesoi. 6910.90.00 ...... Ceramic (o/than porcelain or china) sinks, washbasins, baths, bidets, water closet bowls, urinals & siml. sanitary fixtures. 7113.11.50 ...... Silver articles of jewelry and parts thereof, nesoi, valued over $18 per dozen pieces or parts. 7113.19.29 ...... Gold necklaces and neck chains (o/than of rope or mixed links). 7113.19.50 ...... Precious metal (o/than silver) articles of jewelry and parts thereo, whether or not plated or clad with precious metal, nesoi. 7116.20.50 ...... Precious stone articles, nesoi. 7117.19.90 ...... Imitation jewelry (o/than toy jewelry & rope, curb, cable, chain, etc.), of base metal (wheth. or n/plated w/prec. metal), nesoi. 8415.82.01 ...... Air conditioning machines incorporating a refrigerating unit, nesoi. 8418.40.00 ...... Freezers of the upright type, not exceeding 900 liters capacity, electric or other. 8418.50.00 ...... Refrigerating or freezing display counters, cabinets, showcases and similar refrigerating or freezing furniture. 8418.69.01 ...... Refrigerating or freezing equipment nesoi. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16832 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices HTSUS subheading Product description 8479.50.00 ...... Industrial robots, not elsewhere specified or included. 8532.24.00 ...... Ceramic dielectric fixed capacitors, multilayer. 9001.10.00 ...... Optical fibers, optical fiber bundles and cables, other than those of heading 8544. 9401.71.00 ...... Seats nesoi, w/metal frame (o/than of heading 9402), upholstered. 9403.10.00 ...... Furniture (o/than seats) of metal nesoi, of a kind used in offices. 9403.20.00 ...... Furniture (o/than seats) of metal nesoi, o/than of a kind used in offices. 9403.40.90 ...... Furniture (o/than seats) of wood (o/than bentwood) nesoi, of a kind used in the kitchen & not design. for motor vehicl. use. 9403.60.80 ...... Furniture (o/than seats & o/than of 9402) of wooden (o/than bentwood) nesoi. 9403.89.60 ...... Furniture (o/than seats & o/than of 9402) of materials nesoi. 9503.00.00 ...... Toys, including riding toys o/than bicycles, puzzles, reduced scale models. 9504.50.00 ...... Video game consoles and machines, other than those of heading 9504.30. 9504.90.40 ...... Game machines (o/than coin- or token-operated) and parts and accessories thereof. 9504.90.60 ...... Chess, checkers, backgammon, darts and o/table and parlor games played on boards of a special design and parts there- of; poker chips and dice. 9504.90.90 ...... Articles nesoi for arcade, table or parlor games & parts & access.; automatic bowling alley equipment & parts and acces- sories thereof. 9508.10.00 ...... Traveling circuses and traveling menageries; parts and accessories thereof. 9508.90.00 ...... Merry-go-rounds, boat-swings, shooting galleries and other fairground amusements; traveling theaters; parts and acces- sories thereof. 9603.29.80 ...... Shaving brushes, hair brushes, nail brushes, eyelash and other toilet brushes (o/than tooth brushes), valued o/40 cents each. [FR Doc. 2021–06628 Filed 3–30–21; 8:45 am] ADDRESSES: Please send written 8110.103B Alternative Methods of BILLING CODE 3290–F1–P comments: Compliance (AMOC), Section 32: By Electronic Docket: 3–2. AMOC Proposal. 14 CFR 39.19 states www.regulations.gov (Enter docket in part that ‘‘anyone may propose to FAA an alternative method of compliance or a change DEPARTMENT OF TRANSPORTATION number into search field) By mail: Robert Romero, 10101 in the compliance time, if the proposal Hillwood Parkway, 5N154, Fort provides an acceptable level of safety.’’ Federal Aviation Administration a. Although a letter is preferred, AMOC Worth, TX 76177 proposals may be submitted by other means, [Docket No. FAA–2021–0180] By fax: 817–222–5959 such as email, fax, or telephone. AMOC FOR FURTHER INFORMATION CONTACT: proposals received by telephone must be Agency Information Collection Robert Romero by email at: documented. Activities: Requests for Comments; [email protected]; phone: 817– An AMOC Response Letter is written Clearance of Renewed Approval of 222–5102 Information Collection: Report of by an internal FAA user and sent to the Inspections Required by Airworthiness SUPPLEMENTARY INFORMATION: AMOC Requester. The template may be Directive, Part 39 Public Comments Invited: You are generated from the ADD Dashboard and asked to comment on any aspect of this follows the latest Order. There is not an AGENCY: Federal Aviation information collection, including (a) FAA or OMB number on this template. Administration (FAA), DOT. Whether the proposed collection of A member of the public may submit ACTION: Notice and request for information is necessary for FAA’s an AMOC request to the FAA by using comments. performance; (b) the accuracy of the the ADD External website. Registration estimated burden; (c) ways for FAA to is not needed to use this website. SUMMARY: In accordance with the enhance the quality, utility and clarity External users must consent to the Paperwork Reduction Act of 1995, FAA of the information collection; and (d) ‘‘Terms of Use’’ statement before invites public comments about our ways that the burden could be proceeding to the AMOC proposal web intention to request the Office of minimized without reducing the quality page. An AMOC is required if an owner/ Management and Budget (OMB) of the collected information. The agency operator of aircraft cannot comply with approval to renew an information will summarize and/or include your an AD or finds a different method to collection. The collection involves the comments in the request for OMB’s comply with the actions specified in an member of the public that may submit clearance of this information collection. AD, as mandated by 14 CFR part 39. an Alternative Methods of Compliance OMB Control Number: 2120–0056. Respondents: The respondents are a (AMOC) request to the FAA by using the Title: Report of Inspections Required member of the public who may submit Airworthiness Directives Development by Airworthiness Directives, Part 39. an AMOC request to FAA by using the (ADD) External website. The Form Numbers: There is no standard ADD External website. We estimate that information to be collected will be used form to use for AMOC submission. 25 ADs yearly will require reports of to support publicly disseminated However, the public may access the information and findings. The average information to the FAA and/or is ADD External website to submit an AD affects about 1,120 owners/ necessary because this information AMOC request to the FAA. operators. Therefore, 25 ADs times supports the Department of Type of Review: Renewal of an 1,120 owners/operators per year equal Transpiration’s strategic goal to promote information collection. 28,000 reports. the public health and safety by working Background: Alternative Methods of Frequency: As needed. toward eliminating transportation- Compliance (AMOC) are submitted to Estimated Average Burden per related deaths and injuries. the FAA by the general public. While Response: These reports, requiring an DATES: Written comments should be anyone may submit an AMOC there is average of 1 hour each to prepare, submitted by June 1, 2021. no standard form to use. From Order consume 28,000 reporting hours. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16833 Estimated Total Annual Burden: The timely and consistent process for Issued in Fort Worth, TX, on March 26, total annualized cost to respondents is Paperwork Reduction Act compliance, 2021. $2,380,000. We base this on the 28,000 the Federal Aviation Administration is Barbara L. Hall, reporting hours times an estimated proposing to develop a Generic FAA Information Collection Clearance hourly rate of $85/hour per respondent. Information Collection Request to be Officer, Performance, Policy, and Records The average cost to the respondents per utilized for Customer Interactions that Management Branch, ASP–110. AD per year is $85.00 ($2,380,000 support the Agency’s mission. [FR Doc. 2021–06614 Filed 3–30–21; 8:45 am] divided by 28,000). Customer Interactions can support the BILLING CODE 4910–13–P Issued in Washington, DC, on March 03, Federal Aviation Administration’s 2021. mission by allowing the Agency to DEPARTMENT OF TRANSPORTATION Patrick Idlett, collect qualitative and quantitative data ASKME Program Manager, Office of that can help inform scientific research; Federal Aviation Administration Enterprise Program Management (AEM), aviation assessments and monitoring Project Portfolio Performance Division. efforts; validate models or tools; and Agency Information Collection [FR Doc. 2021–06646 Filed 3–30–21; 8:45 am] enhance the quantity and quality of data Activities: Requests for Comments; BILLING CODE 4910–13–P collected across communities. Customer Clearance of Renewed Approval of Interactions also create an avenue to Information Collection: Generic incorporate local knowledge and needs, Clearance for the Collection of DEPARTMENT OF TRANSPORTATION and can contribute to increased data Qualitative Feedback on Agency sharing, open data, and government Service Delivery Federal Aviation Administration transparency. The Federal Aviation Administration may sponsor the AGENCY: Federal Aviation Agency Information Collection collection of this type of information in Administration (FAA), DOT. Activities: Requests for Comments; connection with aviation projects. All ACTION: Notice and request for Clearance of Approval of Renewal of such collections will follow Agency comments. Information Collection: Generic policies and regulations. If a new Clearance for Customer Interactions collection is not within the parameters SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA AGENCY: Federal Aviation of this generic Information Collection invites public comments about our Administration (FAA), DOT. Request (ICR), the Agency will submit a separate information collection request intention to request the Office of ACTION: Notice and request for Management and Budget (OMB) comments. to Office of Management and Budget (OMB) for approval. approval to renew a generic information collection. As part of a Federal SUMMARY: In accordance with the Collections under this generic ICR Government-wide effort to streamline Paperwork Reduction Act of 1995, FAA will be from volunteers who participate the process to seek feedback from the invites public comments concerning our on their own initiative through an open public on service delivery, FAA has an intention to request the Office of and transparent process; the collections approved Generic Information Management and Budget (OMB) will be low-burden for participants; Collection Request (Generic ICR): approval of a new generic information collections will be low-cost for both the ‘‘Generic Clearance for the Collection of collection. As part of a Federal participants and the Federal Qualitative Feedback on Agency Service Government-wide effort to streamline Government; and data will be available Delivery’’. the process to seek feedback from the to support the endeavors of the Agency, public, FAA is requesting approval of a states, tribal or local entities where data DATES: Written comments should be New Generic Information Collection collection occurs. submitted by June 1, 2021. Request: ‘‘Generic Clearance for Respondents: Approximately 110,000 ADDRESSES: Send comments to the FAA Customer Interactions’’. Individuals and Households, Businesses at the following address: Barbara Hall, DATES: Written comments should be and Organizations, State, Local or Tribal Federal Aviation Administration, ASP– submitted by June 1, 2021. Government. 110, 10101 Hillwood Parkway, Fort Worth, TX 76177. ADDRESSES: Send comments to the FAA Frequency: Once per request. at the following address: Barbara Hall, FOR FURTHER INFORMATION CONTACT: Estimated Average Burden per Federal Aviation Administration, ASP– Barbara Hall at (940) 594–5913, or by Response: 10 minutes. 110, 10101 Hillwood Parkway, Fort email at: [email protected]. Worth, TX 76177 Estimated Total Annual Burden: SUPPLEMENTARY INFORMATION: 18330 hours. FOR FURTHER INFORMATION CONTACT: OMB Control Number: 2120–0746. Barbara Hall at (940) 594–5913, or by Public Comments Invited: You are Title: Generic Clearance for the email at: [email protected]. asked to comment on any aspect of this Collection of Qualitative Feedback on SUPPLEMENTARY INFORMATION: information collection, including (a) Agency Service Delivery. OMB Control Number: 2120–0772. Whether the proposed collection of Form Numbers: There are no FAA Title: Generic Clearance for Customer information is necessary for FAA’s forms associated with this generic Interactions. performance; (b) the accuracy of the information collection. Form Numbers: There are no FAA estimated burden; (c) ways for FAA to Type of Review: Renewal of a generic forms associated with this generic enhance the quality, utility and clarity information collection. information collection. of the information collection; and (d) Background: The information Type of Review: Renewal. ways that the burden could be collection activity will garner Background: Customer Interactions minimized without reducing the quality qualitative customer and stakeholder provide the Federal Aviation of the collected information. The agency feedback in an efficient, timely manner, Administration valuable information will summarize and/or include your in accordance with the Administration’s and connect the agency to the public comments in the request for OMB’s commitment to improving service that we serve. In order to ensure a clearance of this information collection. delivery. By qualitative feedback we VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16834 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices mean information that provides useful of the collected information. The agency SUPPLEMENTARY INFORMATION: The RSAC insights on perceptions and opinions, will summarize and/or include your is a Federal Advisory Committee but are not statistical surveys that yield comments in the request for OMB’s composed of 34 voting representatives quantitative results that can be clearance of this information collection. from 23 member organizations, generalized to the population of study. Issued in Fort Worth, TX, on March 26, representing various rail industry This feedback will provide insights into 2021. perspectives. The RSAC has a balanced customer or stakeholder perceptions, Barbara L. Hall, membership of railroad management, experiences and expectations, provide FAA Information Collection Clearance labor, and other appropriate railroad an early warning of issues with service, Officer, Performance, Policy, and Records industry stakeholders. The RSAC’s past or focus attention on areas where Management Branch, ASP–110. recommendations reflect the communication, training or changes in [FR Doc. 2021–06613 Filed 3–30–21; 8:45 am] participants’ careful evaluation of operations might improve delivery of products or services. These collections BILLING CODE 4910–13–P significant and complex safety and will allow for ongoing, collaborative and regulatory issues. The RSAC has addressed 58 tasks and conducted actionable communications between the DEPARTMENT OF TRANSPORTATION Agency and its customers and almost 600 committee, working group, stakeholders. It will also allow feedback Federal Railroad Administration and task force meetings on critical safety to contribute directly to the issues. [Docket No. FRA–2021–0039, Notice No. 1] improvement of program management. A copy of the current RSAC charter Feedback collected under this generic Public Meeting on Railroad Safety and other relevant reference documents clearance will provide useful Advisory Committee Process are available in the docket for review. information, but it will not yield data Additional general information about that can be generalized to the overall AGENCY: Federal Railroad the RSAC is available on the RSAC population. This type of generic Administration (FRA), Department of website at https://rsac.fra.dot.gov/. clearance for qualitative information Transportation (DOT). This meeting is intended to solicit will not be used for quantitative ACTION: Announcement of public information collections that are meeting. public input on the RSAC’s current designed to yield reliably actionable charter and related requirements, and results, such as monitoring trends over SUMMARY: The Federal Railroad input on how to improve the RSAC time or documenting program Administration (FRA) invites interested process generally. Although FRA performance. Such data uses require persons to participate in a public welcomes input on any issues related to more rigorous designs that address: The meeting to discuss recommendations to the structure, organization, and target population to which improve the efficiency and effectiveness processes of the RSAC, in advance of generalizations will be made, the of FRA’s Railroad Safety Advisory the meeting FRA will post an agenda in sampling frame, the sample design Committee (RSAC). The RSAC is a the docket highlighting specific issues (including stratification and clustering), Federal Advisory Committee that on which FRA is interested in receiving the precision requirements or power provides a forum for collaborative feedback. FRA will compile all input calculations that justify the proposed problem solving of critical safety issues received at the meeting and post that sample size, the expected response rate, and, as appropriate, develops compilation to the docket. methods for assessing potential non- recommendations for railroad safety response bias, the protocols for data regulations through a consensus Public Participation: The meeting will collection, and any testing procedures process. be open to the public, but attendance may be limited due to the number of that were or will be undertaken prior DATES: The public meeting is scheduled available phone lines. To register, please fielding the study. Depending on the for April 16, 2021. The meeting will send an email to Mr. Kilgore at degree of influence the results are likely commence at 10:00 a.m. and will to have, such collections may still be adjourn by 12:00 p.m. (all times Eastern [email protected] by April 9, 2021. eligible for submission for other generic Daylight Time). Requests to attend the DOT and FRA are committed to mechanisms that are designed to yield meeting must be received by April 9, providing equal access to this meeting quantitative results. 2021. Requests for time to speak at the for all participants. If you need Respondents: Approximately 110,000 meeting must be received by April 9, alternative formats or services because Individuals and Households, Businesses 2021, and must include any written of a disability, please include your and Organizations, State, Local or Tribal materials intended for presentation at requested accommodations in your Government. the meeting. Requests for registration email. Written comments on Frequency: Once per request. the RSAC process should be submitted Estimated Average Burden per accommodations because of a disability to the public docket noted above. To Response: 10 minutes. must be received by April 9, 2021. Estimated Total Annual Burden: ADDRESSES: The meeting will be held by provide comment during the meeting, 18,330 hours. phone. Information on how to call into please send an email, including any Public Comments Invited: You are the meeting will be provided upon written materials to accompany your asked to comment on any aspect of this registration. comment, please send an email to Mr. information collection, including (a) Comments on the RSAC process in Kilgore at [email protected] by Whether the proposed collection of response to this Announcement should April 9, 2021, to allow for review. be submitted to docket number FRA– information is necessary for FAA’s Issued in Washington, DC, on March 26, 2021–0039 at regulations.gov. performance; (b) the accuracy of the 2021. estimated burden; (c) ways for FAA to FOR FURTHER INFORMATION CONTACT: Brett A. Jortland, enhance the quality, utility and clarity Kenton Kilgore, RSAC Designated of the information collection; and (d) Federal Officer/RSAC Coordinator, FRA Acting Chief Counsel. ways that the burden could be Office of Railroad Safety, (202) 493– [FR Doc. 2021–06643 Filed 3–30–21; 8:45 am] minimized without reducing the quality 6286 or [email protected]. BILLING CODE 4910–06–P VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00134 Fmt 4703 Sfmt 9990 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16835 DEPARTMENT OF THE TREASURY Abstract: This collection captures become a matter of public record and qualitative information from all may be published on the CDFI Fund Community Development Financial Applicants to CDFI Fund’s Federal website at https://www.cdfifund.gov. Institutions Fund Financial Assistance Programs. This Authority: 31 CFR part 22. Comments information will be collected once are invited on: (a) Whether the Request for Public Comment annually from all Applicants to assess collection of information is necessary their compliance with federal civil ACTION: Notice and request for public for the proper performance of the rights requirements. Applicants must be comment. functions of the CDFI Fund, including compliant with federal civil rights whether the information shall have SUMMARY: The U.S. Department of the requirements in order to be deemed practical utility; (b) the accuracy of the Treasury, as part of a continuing effort eligible to receive Federal Financial CDFI Fund’s estimate of the burden of to reduce paperwork and respondent Assistance grants from the CDFI Fund. the collection of information; (c) ways to burden, invites the general public and The CDFI Fund will utilize the enhance the quality, utility, and clarity other federal agencies to take this Worksheet to determine whether of the information to be collected; (d) opportunity to comment on proposed Applicants to CDFI Fund Financial ways to minimize the burden of the and/or continuing information Assistance Programs are compliant with collection of information on collections, as required by the federal civil rights requirements. The respondents, including through the use Paperwork Reduction Act (PRA) of questions in the Worksheet are intended of technology; and (e) estimates of 1995. Currently, the Community to assist the CDFI Fund in determining capital or start-up costs and costs of Development Financial Institutions whether Federal Financial Assistance operation, maintenance, and purchase Fund (CDFI Fund), Department of the Applicants are compliant with the of services required to provide Treasury, is soliciting comments Treasury regulations implementing Title information. concerning the Office of Certification, VI of the Civil Rights Act (Title VI), set Compliance Monitoring and Evaluation forth in 31 CFR part 22. If the general Jodie L. Harris, (CCME) Title VI Compliance Worksheet public does not believe the questions in Director, Community Development Financial (Worksheet). The Worksheet will be an the Worksheet will assist the CDFI Fund Institutions Fund. online form submitted through the CDFI with determining Applicant’s Community Development Financial Fund’s Award Management Information compliance with federal civil rights Institutions Fund Title VI Compliance requirements, the CDFI Fund asks that System (AMIS). Worksheet detailed comments be provided to better DATES: Written comments must be demonstrate how the CDFI Fund can lllll received on or before June 1, 2021 to be Applicant Name: determine an Applicants compliance assured of consideration. Employer Identification with the requirements. Number:lllll ADDRESSES: Submit your comments via These requirements are set forth in email to Heather Hunt, Acting Program the United States Department of the DUNS Number:lllll Manager for the Office of Certification, Treasury regulations implementing Title Submitted by:lllll Compliance Monitoring and Evaluation, VI located in 31 CFR part 22, lllll CDFI Fund at [email protected]. Nondiscrimination on the Basis of Race, Title: FOR FURTHER INFORMATION CONTACT: Color, or National Origin in Programs or Date Submitted:lllll Heather Hunt, CCME Acting Program Activities Receiving Federal Financial Signature:lllll Manager, CDFI Fund, U.S. Department Assistance from the Department of the of the Treasury, 1500 Pennsylvania Treasury. These regulations apply to The United States Department of the Avenue NW, Washington DC 20220, Applicants as well as their prospective Treasury regulations implementing Title (202) 653–0421 (not a toll-free number). sub-recipients that are not direct VI of the Civil Rights Act (Title VI), are Other information regarding the CDFI beneficiaries of Federal Financial set forth in 31 CFR part 22. The Fund and its programs may be obtained Assistance (e.g., Depository Institution Applicant should review such on the CDFI Fund website at https:// Holding Company and their Subsidiary regulations carefully before completing www.cdfifund.gov. The Title VI Depository Institutions). this section. Please note that these Compliance Worksheet, which presents Estimated Number of Respondents: regulations apply to Applicants as well the questions that will comprise the 900. as their prospective subrecipients that online form, may be obtained from the Estimated Annual Time per are not direct beneficiaries of Federal News and Events Section of the CDFI Respondent: .5 hours. Financial Assistance (e.g., Depository Fund website at https:// Estimated Annual Burden Hours: 450 Institution Holding Company and their www.cdfifund.gov/news-events/. hours. Subsidiary Depository Institutions). In SUPPLEMENTARY INFORMATION: Request for Comments: Comments order to assure compliance with those Title: Title VI Compliance Worksheet submitted in response to this Notice regulations, and other requirements (Worksheet). will be summarized and/or included in related to compliance with Title VI, the OMB Number: 1559–NEW. the request for Office of Management Applicant shall provide the following Type of Review: Regular Review. and Budget approval. All comments will information: VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16836 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices Title VI Compliance Requirements Yes No 1. Civil Rights Complaint Information: a. Has the Applicant had legal findings that they violated civil rights laws or civil rights complaints that re- sulted in any settlements in the last two years? If Yes, provide information on lawsuits and/or com- plaints such as case name, number, specific complaint, and date of case. b. Does the Applicant have any pending civil rights investigations, complaints, and/or lawsuits filed against them that pertain to allegations of discrimination on the basis of race, color, and/or national origin? If Yes, provide information on the investigations, complaints, and/or lawsuits such as case name, number, date of case, and status of case (e.g., discovery). c. Has the Applicant ever been found to be noncompliant with civil rights requirements for any Federal Fi- nancial Assistance in the last two years? If Yes, provide the Federal Awarding Agency, program name, findings, corrective actions, status of corrective actions, agency point of contact, and attach a copy of the Title VI compliance review issued by the federal agency. d. Does the Applicant have any pending applications or current awards of Federal Financial Assistance with other federal awarding agencies? If Yes, please select the applicable federal agency(ies), enter the associated program name(s), and award amount. 2. Notice of Rights and Program Location: a. Does the Applicant post signs in its offices to inform persons of their rights under Title VI and other civil rights requirements? If No, please describe the Applicant’s plan to post this information. b. Does the Applicant post information on their website informing persons of their rights under Title VI and other civil rights requirements? If No, please describe the Applicant’s plan to post this information. c. If the Applicant provides services directly to customers, do they make efforts to ensure that facilities are accessible to the communities they serve? If No, describe why and how the Applicant mitigates this issue. If an Applicant does not provide direct services to customers answer ‘‘Yes.’’. 3. Language Assistance Plan: a. Does the Applicant have a Language Assistance Plan (LAP) or process in place to support persons with limited English proficiency (LEP)? If No, describe how the Applicant will meet this requirement. b. Does the LAP or process to support LEP persons take into consideration the volume, proportion, or fre- quency of LEP persons that the Applicant serves in determining the appropriate language assistance? If No, describe how the Applicant determines what LEP services they provide. c. Does the Applicant display notices in appropriate languages in intake areas or initial points of contact on how to access language services? If No, describe how the Applicant meets this requirement or will meet this requirement. d. Does the Applicant provide language interpreter services or translated materials to LEP persons? If No, describe why not or how the Applicant plans to meet this requirement. 4. Sub-recipient Communication: a. If the Applicant has sub-recipients, do they have established measures to communicate civil rights compliance requirements to their sub-recipients? If No, describe how the Applicant meets this require- ment or will meet this requirement. If the Applicant does not have sub-recipients answer ‘‘Yes.’’. b. If the Applicant has sub-recipients, do they inform sub-recipients about how to provide notice to the public about their right to file a complaint of discrimination? If No, describe how the Applicant meets this requirement or will meet this requirement. If the Applicant does not have sub-recipients answer ‘‘Yes.’’. c. If the Applicant has sub-recipients, do they conduct periodic review checks of sub-recipient compliance with Title VI requirements? If No, describe how the Applicant meets this requirement or will meet this requirement. If the Applicant does not have sub-recipients answer ‘‘Yes.’’. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00136 Fmt 4703 Sfmt 9990 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16837 [FR Doc. 2021–06577 Filed 3–30–21; 8:45 am] jointly to all of the agencies. You may review comments and other BILLING CODE 4810–70–P Commenters are encouraged to use the related materials that pertain to this title ‘‘Request for Information and action by the following method: Comment on Financial Institutions’ Use • Viewing Comments Electronically— DEPARTMENT OF THE TREASURY of Artificial Intelligence, including Regulations.gov: Go to https:// Machine Learning’’ to facilitate the regulations.gov/. Enter ‘‘Docket ID OCC– Office of the Comptroller of the organization and distribution of 2020–0049’’ in the Search Box and click Currency comments among the agencies. ‘‘Search.’’ Click on the ‘‘Documents’’ tab [Docket ID OCC–2020–0049] Commenters are also encouraged to and then the document’s title. After identify the number of the specific clicking the document’s title, click the BOARD OF GOVERNORS OF THE question for comment to which they are ‘‘Browse Comments’’ tab. Comments can FEDERAL RESERVE SYSTEM responding. Please send comments by be viewed and filtered by clicking on the ‘‘Sort By’’ drop-down on the right [Docket No. OP–1743] one method only and should be directed to: side of the screen or the ‘‘Refine FEDERAL DEPOSIT INSURANCE OCC: Commenters are encouraged to Results’’ options on the left side of the CORPORATION submit comments through the Federal screen. Supporting materials can be eRulemaking Portal. Please use the title viewed by clicking on the ‘‘Documents’’ RIN 3064–ZA24 ‘‘Request for Information on Financial tab and filtered by clicking on the ‘‘Sort Institutions’ Use of Artificial By’’ drop-down on the right side of the BUREAU OF CONSUMER FINANCIAL Intelligence, including Machine screen or the ‘‘Refine Documents PROTECTION Learning; Request for Comment’’ to Results’’ options on the left side of the [Docket No. CFPB–2021–0004] facilitate the organization and screen.’’ For assistance with the distribution of the comments. You may Regulations.gov site, please call (877) NATIONAL CREDIT UNION submit comments by any of the 378–5457 (toll free) or (703) 454–9859 ADMINISTRATION following methods: Monday–Friday, 9am–5pm ET or email • [Docket No. NCUA–2021–0023] Federal eRulemaking Portal— [email protected]. Regulations.gov: Go to https:// The docket may be viewed after the Request for Information and Comment regulations.gov/. Enter ‘‘Docket ID OCC– close of the comment period in the same on Financial Institutions’ Use of 2020–0049’’ in the Search Box and click manner as during the comment period. Artificial Intelligence, Including ‘‘Search.’’ Public comments can be Board: You may submit comments, Machine Learning submitted via the ‘‘Comment’’ box identified by Docket No. OP–1743, by below the displayed document any of the following methods: AGENCY: Board of Governors of the information or by clicking on the • Agency website: http:// Federal Reserve System, Bureau of document title and then clicking the www.federalreserve.gov. Follow the Consumer Financial Protection, Federal ‘‘Comment’’ box on the top-left side of instructions for submitting comments at Deposit Insurance Corporation, National the screen. For help with submitting http://www.federalreserve.gov/ Credit Union Administration, and Office effective comments please click on generalinfo/foia/ProposedRegs.cfm. of the Comptroller of the Currency ‘‘Commenter’s Checklist.’’ For • Email: regs.comments@ (agencies). assistance with the Regulations.gov site, federalreserve.gov. Include docket ACTION: Request for information and please call (877) 378–5457 (toll free) or number in the subject line of the comment. (703) 454–9859 Monday-Friday, 9am- message. 5pm ET or email regulations@ • Fax: (202) 452–3819 or (202) 452– SUMMARY: The agencies are gathering information and comments on financial erulemakinghelpdesk.com. 3102. • Mail: Chief Counsel’s Office, Mail: Ann E. Misback, Secretary, institutions’ use of artificial intelligence Attention: Comment Processing, Office Board of Governors of the Federal (AI), including machine learning (ML). of the Comptroller of the Currency, 400 Reserve System, 20th Street and The purpose of this request for 7th Street SW, Suite 3E–218, information (RFI) is to understand Constitution Avenue NW, Washington, Washington, DC 20219. respondents’ views on the use of AI by DC 20551. All public comments will be • Hand Delivery/Courier: 400 7th made available on the Board’s website at financial institutions in their provision Street SW, Suite 3E–218, Washington, of services to customers and for other http://www.federalreserve.gov/ DC 20219. Instructions: You must generalinfo/foia/ProposedRegs.cfm as business or operational purposes; include ‘‘OCC’’ as the agency name and appropriate governance, risk submitted, unless modified for technical ‘‘Docket ID OCC–2020–0049’’ in your reasons or to remove personally management, and controls over AI; and comment. In general, the OCC will enter any challenges in developing, adopting, identifiable information or other all comments received into the docket confidential information at the and managing AI. The RFI also solicits and publish the comments on the respondents’ views on the use of AI in commenter’s request. Accordingly, your Regulations.gov website without comments will not be edited to remove financial services to assist in change, including any business or determining whether any clarifications any identifying or contact information. personal information provided such as Public comments may also be viewed in from the agencies would be helpful for name and address information, email financial institutions’ use of AI in a safe paper in Room 146, 1709 New York addresses, or phone numbers. Avenue NW, Washington, DC 20006, and sound manner and in compliance Comments received, including with applicable laws and regulations, between 9:00 a.m. and 5:00 p.m. on attachments and other supporting weekdays. including those related to consumer materials, are part of the public record protection. and subject to public disclosure. Do not FDIC DATES: Comments must be received by include any information in your • Agency website: https:// June 1, 2021. comment or supporting materials that www.fdic.gov/regulations/laws/federal/. ADDRESSES: Interested parties are you consider confidential or Follow the instructions for submitting encouraged to submit written comments inappropriate for public disclosure. comments on the agency’s website. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16838 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices • Email: [email protected]. Include All submissions in response to this the Federal eRulemaking Portal at RIN 3064–ZA24 in the subject line of RFI, including attachments and other http://www.regulations.gov as the message. supporting materials, will become part submitted, except for those NCUA • Mail: James P. Sheesley, Assistant of the public record and subject to cannot post for technical reasons. Executive Secretary, Attention: public disclosure. Please do not include • Due to social distancing measures Comments-RIN 3064–ZA24, Federal in your submissions sensitive personal in effect, the usual opportunity to Deposit Insurance Corporation, 550 17th information, such as account numbers inspect paper copies of comments in the Street NW, Washington, DC 20429. or Social Security numbers, or names of NCUA’s law library is not currently • Hand Delivery/Courier: Comments other individuals, or other information available. After social distancing may be hand-delivered to the guard that you would not ordinarily make measures are relaxed, visitors may make station at the rear of the 550 17th Street public, such as trade secrets or an appointment to review paper copies NW building (located on F Street) on confidential commercial information. by calling (703) 518–6540 or emailing business days between 7:00 a.m. and Submissions will not be edited to [email protected]. 5:00 p.m. Public Inspection: All remove any identifying or contact FOR FURTHER INFORMATION CONTACT: comments received will be posted information, or other information that OCC: Kevin Greenfield, Deputy without change to https://www.fdic.gov/ you would not ordinarily make public. Comptroller for Operational Risk, regulations/laws/federal/—including If you wish to submit trade secret or Norine Richards, Director for Bank any personal information provided— for confidential commercial information, Technology Operations, Paul Reymann, public inspection. Paper copies of please contact the individuals listed in Director for Consumer Compliance public comments may be ordered from the FOR FURTHER INFORMATION CONTACT Policy, or Siobhan Williams, Bank the FDIC Public Information Center, section below. Information submitted to Information Technology Analyst, Bank 3501 North Fairfax Drive, Room E–1002, the Bureau will be treated in accordance Supervision Policy Department, (202) Arlington, VA 22226 or by telephone at with the Bureau’s Rule on the 649–6550; Beth Knickerbocker, Chief (877) 275–3342 or (703) 562–2200. Disclosure of Records and Information, Innovation Officer, or Maggie Colvin, 12 CFR part 1070 et seq. Innovation Officer, Office of Innovation, Bureau of Consumer Financial NCUA: You may submit comments to (202) 649–5200; Alireza Ebrahim, Senior Protection (Bureau) the NCUA, Docket No. NCUA –2021– Financial Economist, Risk Analytics You may submit responsive 0023, by any of the methods set forth Division, (202) 649–5515; or Jorge D. information and other comments, below. Commenters are encouraged to Aguilar, Counsel, Chief Counsel’s identified by Docket No. CFPB–2021– submit comments through the Federal Office, (202) 649–7187. 0004, by any of the following methods: eRulemaking Portal, if possible. Please Board: David Palmer, Lead Financial • Federal eRulemaking Portal: Go to use the title ‘‘Request for Information Institution Policy Analyst, (202) 452– http://www.regulations.gov. Follow the and Comment: Financial Institutions’ 2904, Jeff Ernst, Lead Financial instructions for submitting comments. Use of Artificial Intelligence, including • Institution Policy Analyst, (202) 452– Email: 2021–RFI–[email protected]. Machine Learning’’ to facilitate the 2814, or Kavita Jain, Deputy Associate Include Docket No. CFPB–2021–0004 in organization and distribution of the Director, (202) 452–2062, Division of the subject line of the message. comments. (Please send comments by • Supervision and Regulation; Dana Mail/Hand Delivery/Courier: one method only): Comment Intake, Bureau of Consumer • Federal eRulemaking Portal: Miller, Senior Counsel, (202) 452–2751, Financial Protection, 1700 G Street NW, www.regulations.gov. Follow the or Carol Evans, Associate Director, (202) Washington, DC 20552. Please note that instructions for submitting comments. 452–2051, Division of Consumer and due to circumstances associated with • Fax: (703) 518–6319. Community Affairs, or Patricia Yeh, the COVID–19 pandemic, the CFPB • Mail: Address to Melane Conyers- Senior Counsel, (202) 452–3089, or discourages the submission of Ausbrooks, Secretary of the Board, Gavin Smith, Senior Counsel, (202) comments by mail, hand delivery, or National Credit Union Administration, 452–3474, Legal Division, Board of courier. 1775 Duke Street, Alexandria, VA. Governors of the Federal Reserve • Instructions: The Bureau 22314–3428. System, 20th and C Streets NW, encourages the early submission of In general, the NCUA will enter all Washington, DC 20551. For the hearing comments. All submissions must comments received into the docket and impaired only, Telecommunication include the document title and docket publish the comments on the Device for the Deaf (TDD), (202) 263– number. Because paper mail in the Regulations.gov website without 4869. Washington, DC area and at the Bureau change, including any business or FDIC: Sumaya Muraywid, Senior is subject to delay, and in light of personal information that you provide Examination Specialist, Division of Risk difficulties associated with mail and such as name and address information, Management Supervision, (202) 898– hand deliveries during the COVID–19 email addresses, or phone numbers. 3904, [email protected], David pandemic, commenters are encouraged Comments received, including Friedman, Senior Policy Analyst, to submit comments electronically. attachments and other supporting Division of Depositor and Consumer In general, all comments received will materials, are part of the public record Protection, 202–898–7168, dfriedman@ be posted without change to http:// and subject to public disclosure. Do not fdic.gov; or Chris Ledoux, Corporate www.regulations.gov. In addition, once include any information in your Expert, Legal Division, 202–898–3535, the Bureau’s headquarters reopens, comment or supporting materials that [email protected]. comments will be available for public you consider confidential or Bureau: Albert D. Chang, Senior inspection and copying at 1700 G Street inappropriate for public disclosure. Counsel, Office of Innovation, (202) NW, Washington, DC 20552, on official You may review comments and other 450–7299; Patrice Alexander Ficklin, business days between the hours of 10 related materials that pertain to this Fair Lending Director, Office of Fair a.m. and 5 p.m. Eastern Time. At that Request for Information by any of the Lending & Equal Opportunity, (202) time, you can make an appointment to following methods: 435–7205; and Kathryn Lazarev, Senior inspect the documents by calling 202– • Viewing Comments Electronically: Counsel, Office of Regulations, (202) 435–7275. You may view all public comments on 435–7700. If you require this document VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16839 in an alternative electronic format, the use of chatbots 4 to automate routine Potential Benefits of AI _ please contact CFPB Accessibility@ customer interactions, such as account AI has the potential to offer improved cfpb.gov. opening activities and general customer efficiency, enhanced performance, and NCUA: Timothy Segerson, Deputy inquiries. AI is leveraged at call centers cost reduction for financial institutions, Director, Office of Examination & to process and triage customer calls to as well as benefits to consumers and Insurance, 703–518–6300; Chrisanthy provide customized service. These businesses. AI can identify relationships Loizos, Senior Trial Attorney, Office of technologies are also used to better among variables that are not intuitive or General Counsel, 703–518–6540; Joe target marketing and customize trade not revealed by more traditional Goldberg, Director, Division of recommendations. techniques. AI can better process certain Consumer Compliance Policy and • Credit decisions. This involves the forms of information, such as text, that Outreach, 703–518–1142. use of AI to inform credit decisions in may be impractical or difficult to SUPPLEMENTARY INFORMATION: order to enhance or supplement existing process using traditional techniques. AI also facilitates processing significantly Background Information techniques. This application of AI may use traditional data or employ large and detailed datasets, both The agencies support responsible alternative data 5 (such as cash flow structured and unstructured, by innovation by financial institutions that transactional information from a bank identifying patterns or correlations that includes the identification and account). would be impracticable to ascertain management of risks associated with the • Risk management. AI may be used otherwise. use of new technologies and techniques. to augment risk management and Other potential AI benefits include With appropriate governance, risk more accurate, lower-cost, and faster control practices. For example, an AI management, and compliance underwriting, as well as expanded approach might be used to complement management, financial institutions’ use credit access for consumers and small and provide a check on another, more of innovative technologies and businesses that may not have obtained traditional credit model. Financial techniques, such as those involving AI, credit under traditional credit institutions may also use AI to enhance has the potential to augment business underwriting approaches. AI credit monitoring (including through decision-making, and enhance services applications may also enhance an early warning alerts), payment available to consumers and businesses. institution’s ability to provide products collections, loan restructuring and The Appendix of this RFI includes a and services with greater customization. recovery, and loss forecasting. AI can non-comprehensive list of laws, Potential Risks of AI regulations, and other agency issuances assist internal audit and independent that may be relevant to the use of AI risk management to increase sample size It is important for financial approaches by agency-supervised (such as for testing), evaluate risk, and institutions to have processes in place institutions.1 Financial institutions are refer higher-risk issues to human for identifying and managing potential exploring AI-based applications in a analysts. AI may also be used in risks associated with AI, as they do for variety of fields. Uses of AI by financial liquidity risk management, for example, any process, tool, or model employed. institutions include (but are not limited to enhance monitoring of market Many of the potential risks associated to): conditions or collateral management. with using AI are not unique to AI. For • Flagging unusual transactions. This • Textual analysis. Textual analysis instance, the use of AI could result in involves employing AI to identify refers to the use of NLP for handling operational vulnerabilities, such as potentially suspicious, anomalous, or unstructured data (generally text) and internal process or control breakdowns, outlier transactions (e.g., fraud detection obtaining insights from that data or cyber threats, information technology and financial crime monitoring). It improving efficiency of existing lapses, risks associated with the use of involves using different forms of data processes. Applications include analysis third parties, and model risk, all of (e.g., email text, audio data—both of regulations, news flow, earnings which could affect a financial structured 2 and unstructured), with the reports, consumer complaints, analyst institution’s safety and soundness. The aim of identifying fraud or anomalous ratings changes, and legal documents. use of AI can also create or heighten transactions with greater accuracy and • Cybersecurity. AI may be used to consumer protection risks, such as risks timeliness. It also includes identifying detect threats and malicious activity, of unlawful discrimination, unfair, transactions for Bank Secrecy Act/anti- reveal attackers, identify compromised deceptive, or abusive acts or practices money laundering investigations, systems, and support threat mitigation. (UDAAP) under the Dodd-Frank Wall monitoring employees for improper Examples include real-time Street Reform and Consumer Protection practices, and detecting data anomalies. investigation of potential attacks, the Act (Dodd-Frank Act), unfair or • Personalization of customer use of behavior-based detection to deceptive acts or practices (UDAP) services. AI technologies, such as voice collect network metadata, flagging and under the Federal Trade Commission recognition and natural language blocking of new ransomware and other Act (FTC Act), or privacy concerns. processing (NLP),3 are used to improve malicious attacks, identifying AI may present particular risk customer experience and to gain compromised accounts and files management challenges to financial efficiencies in the allocation of financial involved in exfiltration, and deep institutions in the areas of institution resources. One example is forensic analysis of malicious files. explainability, data usage, and dynamic updating. • Explainability. For the purposes of 1 In this RFI, the term ‘‘AI approach’’ refers to a 4 The term ‘‘chatbot’’ generally refers to a software tool, model, process, or application that employs AI application used to conduct an on-line chat this RFI, explainability refers to how an technology in some form. conversation via text or text-to-speech, in lieu of AI approach uses inputs to produce 2 The term ‘‘structured data’’ generally refers to a providing direct contact with a live human agent. outputs. Some AI approaches can set of data that has been systematically organized 5 For the purposes of this RFI, alternative data exhibit a ‘‘lack of explainability’’ for or arranged. means information not typically found in the their overall functioning (sometimes 3 ‘‘Natural language processing’’ generally refers consumer’s credit files of the nationwide consumer to the use of computers to understand or analyze reporting agencies or customarily provided by known as global explainability) or how natural language text or speech. consumers as part of applications for credit. they arrive at an individual outcome in VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16840 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices a given situation (sometimes referred to risk management practices related to the institutions account for and manage the as local explainability). Lack of use of AI; barriers or challenges facing varied challenges and risks posed by explainability can pose different financial institutions when developing, different uses? challenges in different contexts. Lack of adopting, and managing AI and its risks; Risks From Broader or More Intensive explainability can also inhibit financial and benefits to financial institutions and Data Processing and Usage institution management’s understanding their customers from the use of AI. The of the conceptual soundness 6 of an AI RFI also solicits respondents’ views on Like other systems, AI is designed to approach, which can increase the use of AI in financial services, interact directly with training data to uncertainty around the AI approach’s which will help the agencies determine identify correlations and patterns and reliability, and increase risk when used whether any clarification would be use that information for prediction or in new contexts. Lack of explainability helpful for financial institutions’ use of categorization. This means that data can also inhibit independent review and AI in a safe and sound manner and in quality is important for AI. If the audit and make compliance with laws compliance with applicable laws and training data are biased or incomplete, and regulations, including consumer regulations, including those related to AI may incorporate those shortcomings protection requirements, more consumer protection. into its predictions or categorizations. challenging. AI may use alternative datasets in • Explainability Broader or More Intensive Data certain applications (such as credit Usage. Data plays a particularly Understanding the conceptual underwriting, fraud detection, and important role in AI. In many cases, AI soundness of any model, tool, trading) in ways that can assist in algorithms identify patterns and application, or system aids in managing identifying related trends or predictions correlations in training data without its risks including those related to lack that may be difficult to identify with human context or intervention, and then of explainability. The importance of traditional methods. The importance of use that information to generate conceptual soundness is described in practices such as data quality 7 predictions or categorizations. Because existing agency guidance and is well assessments to determine relevance and the AI algorithm is dependent upon the established in industry practice. For suitability of data used in a model, may traditional approaches, conceptual training data, an AI system generally be heightened in the use of AI. Finally, soundness is foundational both to reflects any limitations of that dataset. in many cases, AI developers process or development and validation/ As a result, as with other systems, AI optimize raw data so that the data can independent review. In the case of may perpetuate or even amplify bias or be better used for training. Various data certain less transparent AI approaches, inaccuracies inherent in the training processing techniques exist, some of however, evaluations of conceptual data, or make incorrect predictions if which may affect performance. that data set is incomplete or non- soundness can be complicated. The Question 4: How do financial representative. underlying theory and logic may be less • Dynamic Updating. Some AI accessible to users than that of institutions using AI manage risks approaches have the capacity to update traditional approaches or more related to data quality and data on their own, sometimes without transparent AI approaches. Without processing? How, if at all, have control human interaction, often known as insight into an approach’s general processes or automated data quality dynamic updating. Monitoring and operating principles, financial routines changed to address the data tracking an AI approach that evolves on institution management may not be able quality needs of AI? How does risk its own can present challenges in review to evaluate with confidence how the management for alternative data and validation, particularly when a system will function in unforeseen compare to that of traditional data? Are change in external circumstances (e.g., circumstances. To address lack of there any barriers or challenges that data economic downturns and financial explainability of certain AI approaches, quality and data processing pose for crises) may cause inputs to vary researchers have developed techniques developing, adopting, and managing AI? materially from the original training to help explain predictions or If so, please provide details on those data. Dynamic updating techniques can categorizations. These techniques are barriers or challenges. produce changes that range from minor often referred to as ‘‘post-hoc’’ methods, Question 5: Are there specific uses of adjustments to existing elements of a because they are used to interpret the AI for which alternative data are model to the introduction of entirely outputs rather than the design. particularly effective? new elements. Question 1: How do financial Overfitting institutions identify and manage risks Request for Comment relating to AI explainability? What ‘‘Overfitting’’ can occur when an As discussed, the agencies recognize barriers or challenges for explainability algorithm ‘‘learns’’ from idiosyncratic that AI has the potential to offer exist for developing, adopting, and patterns in the training data that are not improved efficiency, enhanced managing AI? representative of the population as a performance, and cost reduction for Question 2: How do financial whole. Overfitting is not unique to AI, financial institutions, as well as benefits institutions use post-hoc methods to but it can be more pronounced in AI to consumers and businesses. In this assist in evaluating conceptual than with traditional models. RFI, the agencies are seeking soundness? How common are these Undetected overfitting could result in information on financial institutions’ methods? Are there limitations of these incorrect predictions or categorizations. methods (whether to explain an AI Question 6: How do financial 6 For this RFI, the term ‘‘conceptual soundness’’ approach’s overall operation or to institutions manage AI risks relating to generally refers to the quality of the theory, design, overfitting? What barriers or challenges, methodology, data, developmental testing, and explain a specific prediction or confirmation that an approach is appropriate for the categorization)? If so, please provide if any, does overfitting pose for intended use. details on such limitations. developing, adopting, and managing AI? 7 In this context, training data are the data used Question 3: For which uses of AI is How do financial institutions develop to develop and calibrate an AI approach; for lack of explainability more of a their AI so that it will adapt to new and example, a financial institution might use a large dataset of past fraudulent transactions to train the challenge? Please describe those potentially different populations approach to detect and prevent future fraud. challenges in detail. How do financial (outside of the test and training data)? VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16841 Cybersecurity Risk management practices could vary discrimination on prohibited bases? Are Like other data-intensive substantially based on the financial there effective ways to reduce risk of technologies, AI may be exposed to risk institution’s size, complexity of discrimination, whether during from a variety of criminal cybersecurity operations, business model, staffing, development, validation, revision, and/ threats. For example, AI can be and risk profile, and this could affect or use? What are some of the barriers to vulnerable to ‘‘data poisoning attacks,’’ the corresponding risks that arise. or limitations of those methods? which attempt to corrupt and Community institutions may be more Question 13: To what extent do model contaminate training data to likely to use third-party AI approaches risk management principles and compromise the system’s performance. or rely on third-party services that use practices aid or inhibit evaluations of Question 7: Have financial AI. This may pose different challenges AI-based credit determination institutions identified particular (e.g., level of expertise of AI or insight approaches for compliance with fair cybersecurity risks or experienced such into the third-party AI approach) in a lending laws? incidents with respect to AI? If so, what financial institution’s adoption of AI. Question 14: As part of their practices are financial institutions using Question 9: Do community compliance management systems, to manage cybersecurity risks related to institutions face particular challenges in financial institutions may conduct fair AI? Please describe any barriers or developing, adopting, and using AI? If lending risk assessments by using challenges to the use of AI associated so, please provide detail about such models designed to evaluate fair lending with cybersecurity risks. Are there challenges. What practices are risks (‘‘fair lending risk assessment specific information security or employed to address those impediments models’’). What challenges, if any, do cybersecurity controls that can be or challenges? financial institutions face when applied to AI? applying internal model risk Oversight of Third Parties management principles and practices to Dynamic Updating Financial institutions may opt to use the development, validation, or use of A particular characteristic of some AI AI developed by third parties, rather fair lending risk assessment models is the ability for it to learn or evolve than develop the approach internally. based on AI? over time, especially as it captures new Existing agency guidance (as noted in Question 15: The Equal Credit training data. Over time, this could the Appendix) describes information Opportunity Act (ECOA), which is result in drift (i.e., the AI approach and risks that may be relevant to implemented by Regulation B, requires could change) as it learns from the new financial institutions when selecting creditors to notify an applicant of the data. This can present challenges for third-party approaches (including ones principal reasons for taking adverse validating, monitoring, tracking, and using AI) and sets out principles for the action for credit or to provide an documenting the AI approach, validation of such third-party applicant a disclosure of the right to including for persons conducting an approaches. request those reasons. What approaches independent review. It may be Question 10: Please describe any can be used to identify the reasons for important to understand whether an AI particular challenges or impediments taking adverse action on a credit approach that was independently financial institutions face in using AI application, when AI is employed? Does reviewed initially has significantly developed or provided by third parties Regulation B provide sufficient clarity evolved over time (e.g., using an influx and a description of how financial for the statement of reasons for adverse of new data). Dynamic updating can institutions manage the associated risks. action when AI is used? If not, please also affect how results are tracked over Please provide detail on any challenges describe in detail any opportunities for time. For example, initial performance or impediments. How do those clarity. challenges or impediments vary by thresholds chosen to monitor the Additional Considerations approach could become less meaningful financial institution size and if the AI approach has significantly complexity? Question 16: To the extent not already discussed, please identify any changed to focus on different target Fair Lending outcomes. Similar risks can arise with additional uses of AI by financial AI approaches that are not updated as Depending on the specific use, there institutions and any risk management their context evolves, since they are may be uncertainty about how less challenges or other factors that may more closely tuned to their training transparent and explainable AI impede adoption and use of AI. data. For example, AI approaches that approaches align with applicable Question 17: To the extent not already are validated in one circumstance may consumer protection legal and discussed, please identify any benefits not perform well in another, and an regulatory frameworks, which often or risks to financial institutions’ independent review conducted in a address fairness and transparency. For customers or prospective customers previous context may no longer be example, it may be challenging to verify from the use of AI by those financial accurate in new circumstances. that a less transparent and explainable institutions. Please provide any Question 8: How do financial approach comports with fair lending suggestions on how to maximize institutions manage AI risks relating to laws. benefits or address any identified risks. Question 11: What techniques are dynamic updating? Describe any Appendix: Laws, Regulations, available to facilitate or evaluate the barriers or challenges that may impede Supervisory Guidance, and Other compliance of AI-based credit the use of AI that involve dynamic Agency Statements Relevant to AI updating. How do financial institutions determination approaches with fair gain an understanding of whether AI lending laws or mitigate risks of non- This Appendix contains a list of laws, approaches producing different outputs compliance? Please explain these regulations, supervisory guidance, and other techniques and their objectives, statements issued by the agencies that may be over time based on the same inputs are relevant to AI. This includes existing laws operating as intended? limitations of those techniques, and and regulations relating to safety and how those techniques relate to fair AI Use by Community Institutions soundness and consumer protection. The lending legal requirements. items below do not constitute an exhaustive A financial institution’s AI strategy, Question 12: What are the risks that list; other laws, regulations, guidance, and use of AI, and associated risk AI can be biased and/or result in statements may be relevant based on the VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16842 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices particular facts and circumstances. Some • CFPB Innovation Spotlight on Providing agencies to comment on the revision of laws and regulations are applicable to any Adverse Action Notices When Using AI/ a currently approved information process or tool a financial institution ML Models 14 collection that is to be proposed for employs, regardless of whether a financial Examination Manuals/Procedures/Other approval by the Office of Management institution utilizes AI or how. Resources and Budget. The Office of International Laws and Regulations • Federal Financial Institutions Examination Affairs of the Department of the Treasury is soliciting comments • Section 39 of the Federal Deposit Insurance Council Information Technology Examination Handbook 15 Act as implemented through the agencies’ concerning Treasury International • Consumer Compliance Manuals and 8 Capital (TIC) Form SHL/SHLA, ‘‘Survey safety and soundness regulations Booklets 16 • Sections 501 and 505(b) of Gramm-Leach- • of Foreign-Residents’ Holdings of U.S. Interagency Fair Lending Examination Securities, including Selected Money Bliley Act as implemented through the Procedures 17 agencies’ regulations and standards, • CFPB Examination Procedures, ECOA Market Instruments’’. including Interagency Guidelines Baseline Review Module 5: Fair Lending DATES: Written comments should be Establishing Information Security Risks Related to Models 18 received on or before June 1, 2021 to be Standards 9 assured of consideration. • Blake J. Paulson, Fair Credit Reporting Act (FCRA)/Reg. V ADDRESSES: Direct all written comments • Acting Comptroller of the Currency. Equal Credit Opportunity Act (ECOA)/Reg. to Dwight Wolkow, International B By order of the Board of Governors of the Portfolio Investment Data Systems, • Fair Housing Act (FHA) Federal Reserve System. • Department of the Treasury, Room 1050 Section 5 of the Federal Trade Commission Ann Misback, MT, 1500 Pennsylvania Avenue NW, Act (prohibiting UDAP) and sections 1031 Secretary of the Board. Washington, DC 20220. In view of and 1036 of the Dodd-Frank Act (prohibiting unfair, deceptive, or abusive Federal Deposit Insurance Corporation. possible delays in mail delivery, please acts or practices (UDAAP)) Dated at Washington, DC, on or about also notify Mr. Wolkow by email February 25, 2021. ([email protected]) or by Supervisory Guidance and Statements James P. Sheesley, telephone (cell: 202–923–0518). • Interagency Statement on the Use of Assistant Executive Secretary. FOR FURTHER INFORMATION CONTACT: 10 Alternative Data in Credit Underwriting David Uejio, Copies of the proposed forms and • Supervisory Guidance on Model Risk instructions are available on the 11 Acting Director, Bureau of Consumer Management Financial Protection. Treasury International Capital (TIC) • Third-Party/Outsourcing Risk Melane Conyers-Ausbrooks, Forms web page ‘‘Forms SHL/SHLA | Management 12 • Secretary of the Board, National Credit Union U.S. Department of the Treasury’’. New, Modified, or Expanded Bank Requests for additional information Products and Services 13 Administration. [FR Doc. 2021–06607 Filed 3–30–21; 8:45 am] should be directed to Mr. Wolkow by email ([email protected]), or 8 Refer to the Interagency Guidelines Establishing BILLING CODE 4810–33–P; 6210–01–P; 4810–AM–P; Standards for Safety and Soundness, 12 CFR 364, 6714–01–P by telephone (cell: 202–923–0518). Appendix A (FDIC); 12 CFR 263 (FRB); 12 CFR 30, SUPPLEMENTARY INFORMATION: appendix A (OCC). Title: Treasury International Capital 9 Refer to the Interagency Guidelines Establishing DEPARTMENT OF THE TREASURY (TIC) Form SHL/SHLA, ‘‘Survey of Information Security Standards, 12 CFR 364, Foreign-Residents’ Holdings of U.S. Appendix B (FDIC); 12 CFR 208, Appendix D–2 and Proposed Collection; Comment Securities, including Selected Money 12 CFR 225, Appendix F (FRB); 12 CFR 30, Request appendix B (OCC); Guidelines for Safeguarding Market Instruments’’. Member Information, 12 CFR 748, Appendix A AGENCY: Departmental offices, OMB Control Number: 1505–0123. (NCUA). Department of the Treasury. Abstract: This form collects foreign- 10 Refer to FDIC FIL–82–2019, https:// residents’ holdings of U.S. securities. www.fdic.gov/news/financial-institution-letters/ SUMMARY: The Department of the 2019/fil19082.html; Federal Reserve CA Letter 19– Treasury, as part of its continuing effort These data are used by the U.S. 11, https://www.federalreserve.gov/supervisionreg/ to reduce paperwork burdens, invites Government in the formulation of caletters/caletters.htm; and OCC Bulletin 2019–62, the general public and other Federal international financial and monetary https://www.occ.gov/news-issuances/bulletins/ policies, and for the computation of the 2019/bulletin-2019-62.html. 11 Refer to the ‘‘Supervisory Guidance on Model 14 Patrice Alexander Ficklin, Tom Pahl, and Paul U.S. balance of payments accounts and Risk Management,’’ Federal Reserve SR Letter 11– Watkins, CFPB Blog, Innovation spotlight: of the U.S. international investment 7, https://www.federalreserve.gov/supervisionreg/ Providing adverse action notices when using AI/ML position. These data are also used to srletters/srletters.htm; OCC Bulletin 2011–12, models (July 7, 2020), available at https:// provide information to the public and to https://www.occ.gov/news-issuances/bulletins/ www.consumerfinance.gov/about-us/blog/ 2011/bulletin-2011-12.html; and FDIC Financial innovation-spotlight-providing-adverse-action- meet international reporting Institution Letter (FIL)–22–2017, https:// notices-when-using-ai-ml-models/. commitments. The data collection www.fdic.gov/news/financial-institution-letters/ 15 FFIEC IT Handbook, https:// includes large benchmark surveys (Form 2017/fil17022.html. ithandbook.ffiec.gov/. SHL) conducted every five years, and 16 12 FDIC: Guidance for Managing Third-Party Risk OCC Consumer Compliance series of smaller annual surveys (Form SHLA) (FIL)–44–2008, https://www.fdic.gov/news/ Comptroller’s Handbook booklets, https:// financial-institution-letters/2008/fil08044.html; www.occ.treas.gov/topics/supervision-and- conducted in the non-benchmark years. OCC Bulletin 2013–29, OCC Bulletin 2020–10; examination/consumer-compliance/index- The data collected under an annual NCUA: Evaluating Third Party Relationships, consumer-compliance.html; NCUA: Evaluating survey are used in conjunction with the Supervisory Letter (SL) 07–01 (Oct. 2007); and FRB: Compliance Risk—Updated Compliance Indicators, results of the preceding benchmark Guidance on Outsourcing Risk (SR 13–19), https:// SL–17–01 (March 2017), https://www.ncua.gov/ www.federalreserve.gov/supervisionreg/srletters/ regulation-supervision/letters-credit-unions-other- survey and of recent TIC form SLT srletters.htm. guidance/use-alternative-data-credit-underwriting. (‘‘Aggregate Holdings of Long-Term 13 OCC Bulletin 2017–43, https:// 17 Interagency Fair Lending Examination Securities by U.S. and Foreign www.occ.treas.gov/news-issuances/bulletins/2017/ Procedures, https://www.ffiec.gov/PDF/fairlend.pdf. Residents’’) reporting to make economy- bulletin-2017-43.html; and NCUA 19–CU–04 (Dec. 18 See, CFPB ECOA Baseline Review, p. 24, 2019), https://www.ncua.gov/regulation- https://files.consumerfinance.gov/f/documents/ wide estimates for that non-benchmark supervision/letters-credit-unions-other-guidance/ cfpb_supervision-and-examination-manual_ecoa- year. Currently, the determination of use-alternative-data-credit-underwriting. baseline-exam-procedures_2019-04.pdf. who must report in the annual surveys VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16843 is based primarily on the data submitted request for Office of Management and FOR FURTHER INFORMATION CONTACT: during the preceding benchmark survey Budget approval. All comments will Copies of the proposed form and and on data submitted on SLT reporting. become a matter of public record. The instructions are available on the The data requested in the annual survey public is invited to submit written Treasury International Capital (TIC) will generally be the same as requested comments concerning: (a) Whether the Forms web page, Forms SHC/SHCA | in the preceding benchmark report. Survey is necessary for the proper U.S. Department of the Treasury. Form SHL is used for the benchmark performance of the functions of the Requests for additional information survey of all significant U.S.-resident Office of International Affairs within the should be directed to Mr. Wolkow by custodians and U.S.-resident issuers of Department of the Treasury, including email ([email protected]), or securities regarding foreign-residents’ whether the information collected will by telephone (cell: 202–923–0518). holdings of U.S. securities. In non- have practical uses; (b) the accuracy of SUPPLEMENTARY INFORMATION: benchmark years, Form SHLA is used the above estimate of the burdens; (c) Title: Treasury International Capital for the annual surveys of primarily the ways to enhance the quality, usefulness (TIC) Form SHC/SHCA ‘‘U.S. largest U.S.-resident custodians and and clarity of the information to be Ownership of Foreign Securities, issuers. collected; (d) ways to minimize the including Selected Money Market Current Actions: No changes in the reporting and/or record keeping burdens Instruments.’’ forms (schedules) or instructions are on respondents, including the use of OMB Control Number: 1505–0146. being proposed at this time. Some information technologies to automate Abstract: Form SHC/SHCA is part of clarifications and format changes may the collection of the data requested; and the Treasury International Capital (TIC) be made to improve the instructions. (e) estimates of capital or start-up costs reporting system, which is required by Type of Review: Renewal without of operation, maintenance and purchase law (22 U.S.C. 3101 et seq.; E.O. 11961; change of a currently approved of services to provide the information 31 CFR 129) and is used to conduct collection. requested. annual surveys of U.S. residents’ Affected Public: Business or other for- ownership of foreign securities for profit organizations. Dwight Wolkow, Form: TIC SHL/SHLA, Schedules 1 Administrator, International Portfolio portfolio investment purposes. These and 2 (1505–0123). Investment Data Reporting Systems. data are used by the U.S. Government in Estimated Number of Respondents: [FR Doc. 2021–06564 Filed 3–30–21; 8:45 am] the formulation of international financial and monetary policies, and for An annual average (over five years) of BILLING CODE 4810–AK–P 317, but this varies widely from about the computation of the U.S. balance of 840 in benchmark years (once every five payments accounts and of the U.S. years) to about 185 in other years (four DEPARTMENT OF THE TREASURY international investment position. These out of every five years). data are also used to provide Estimated Average Time per Proposed Collection; Comment information to the public and to meet Respondent: An annual average (over Request international reporting commitments. five years) of about 133 hours, but this The SHC/SHCA survey is part of an AGENCY: Departmental Offices; internationally coordinated effort under will vary widely from respondent to Department of the Treasury. respondent. (a) In the year of a the auspices of the International SUMMARY: The Department of the benchmark survey, which is conducted Monetary Fund to improve data on Treasury, as part of its continuing effort once every five years, it is estimated that securities worldwide. Most of the major to reduce paperwork burdens, invites exempt respondents will require an industrial and financial countries the general public and other Federal average of 17 hours; for custodians of conduct similar surveys. agencies to comment on the revision of securities, the estimate is a total of 321 The data collection includes large a currently approved information hours on average, but this figure will benchmark surveys (Form SHC) collection that is to be proposed for vary widely for individual custodians; conducted every five years, and smaller approval by the Office of Management and for issuers of securities that have annual surveys (Form SHCA) conducted and Budget. The Office of International data to report and are not custodians, in the non-benchmark years. The data Affairs of the Department of the the estimate is 61 hours on average. (b) collected under an annual survey are Treasury is soliciting comments In a non-benchmark year, which occurs used in conjunction with the results of concerning Treasury International four years out of every five years, it is the preceding benchmark survey and of Capital Form SHC/SHCA ‘‘Survey of estimated that the largest custodians of recent TIC form SLT (‘‘Aggregate U.S. Ownership of Foreign Securities securities will require a total of 486 Holdings of Long-Term Securities by including Selected Money Market hours on average; and for the largest U.S. and Foreign Residents’’) reporting Instruments.’’ The next such collection issuers of securities that have data to to make economy-wide estimates for is the annual survey to be conducted as report and are not custodians, the that non-benchmark year. Currently, the of December 31, 2021. estimate is 110 hours on average. The determination of who must report in the exemption level for custodians and for DATES: Written comments should be annual surveys is based primarily on the end-investors is the holding of less than received on or before June 1, 2021 to be data submitted during the preceding $200 million in reportable U.S. assured of consideration. benchmark survey and on data securities owned by foreign residents. ADDRESSES: Direct all written comments submitted on SLT reports in the survey The exemption level applies only in to Dwight Wolkow, International year. The data requested in the annual benchmark years. Portfolio Investment Data Systems, survey will generally be the same as Estimated Total Annual Burden Department of the Treasury, Room 1050 requested in the preceding benchmark Hours: An annual average (over five MT, 1500 Pennsylvania Avenue NW, report. Form SHC is used for the years) of 42,035 hours. Washington DC 20220. In view of benchmark survey of all significant Frequency of Response: Annual. possible delays in mail delivery, please U.S.-resident custodians and end- Request for Comments: Comments also notify Mr. Wolkow by email investors regarding U.S. ownership of submitted in response to this notice will ([email protected]), or by foreign securities. In non-benchmark be summarized and/or included in the telephone (cell: 202–923–0518). years Form SHCA is used for the annual VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16844 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices surveys of primarily the very largest request for Office of Management and FOR FURTHER INFORMATION CONTACT: Any U.S.-resident custodians and end- Budget approval. All comments will member of the public seeking further investors. become a matter of public record. The information concerning the hearing Current Actions: No changes in the public is invited to submit written should contact Jameson Cunningham, forms (schedules) or instructions are comments concerning: (a) Whether the 444 North Capitol Street NW, Suite 602, being proposed at this time. Some Survey is necessary for the proper Washington, DC 20001; telephone: 202– clarifications and format changes may performance of the functions of the 624–1496, or via email at jcunningham@ be made to improve the instructions. Office of International Affairs within the uscc.gov. Reservations are not required Type of Review: Renewal without Department of the Treasury, including to attend the hearing. change of a currently approved whether the information collected will ADA Accessibility: For questions collection. have practical uses; (b) the accuracy of Affected Public: Business or other for- about the accessibility of the event or to the above estimate of the burdens; (c) request an accommodation, please profit organizations. ways to enhance the quality, usefulness Form: SHC/SHCA, Schedules 1, 2 and contact Jameson Cunningham via email and clarity of the information to be at [email protected]. Requests for 3 (1505–0146). collected; (d) ways to minimize the Estimated Number of Respondents: an accommodation should be made as reporting and/or record keeping burdens An annual average (over five years) of soon as possible, and at least five on respondents, including the use of 324, but this varies widely from about business days prior to the event. information technologies to automate 760 in benchmark years (once every five the collection of the data requested; and SUPPLEMENTARY INFORMATION: years) to about 215 in other years (four (e) estimates of capital or start-up costs out of every five years). Background: This is the fourth public Estimated Average Time per of operation, maintenance and purchase hearing the Commission will hold Respondent: An annual average (over of services to provide the information during its 2021 report cycle. The five years) of about 200 hours, but this requested. hearing will examine the Chinese will vary widely from respondent to Communist Party’s economic ambitions, respondent. (a) In the year of a Dwight Wolkow, shifts in decisionmaking, and prospects benchmark survey, which is conducted Administrator, International Portfolio for success. The opening panel will once every five years, it is estimated that Investment Data Reporting Systems. discuss the current political and exempt respondents will require an [FR Doc. 2021–06572 Filed 3–30–21; 8:45 am] economic conditions and policy average of 17 hours; custodians of BILLING CODE 4810–AK–P decisions in China, with an assessment securities providing security-by-security of the risks and metrics shaping the information will require an average of CCP’s policy decisions. The second 361 hours, but this figure will vary U.S.-CHINA ECONOMIC AND panel will examine the tools, trends, widely for individual custodians; end- SECURITY REVIEW COMMISSION and techniques observed in China’s investors providing security-by-security economic development heading into the information will require an average of Notice of Open Public Hearing 14th Five Year Plan (2021–2025) and 121 hours; and end-investors and beyond. The third panel will examine custodians employing U.S. custodians AGENCY: U.S.-China Economic and certain emerging technologies and will require an average of 41 hours. (b) Security Review Commission. sectors that the CCP has identified as In a non-benchmark year, which occurs ACTION: Notice of open public hearing. key enablers for growth and where the four years out of every five years: SUMMARY: Notice is hereby given of the CCP has focused efforts on expanding Custodians of securities providing following hearing of the U.S.-China global market position, as well as the security-by-security information will Economic and Security Review implications for U.S. businesses and require an average of 546 hours (because Commission. The Commission is workers. The fourth panel will examine only the largest U.S.-resident custodians mandated by Congress to investigate, China’s rapid expansion of the financial will report), but this figure will vary assess, and report to Congress annually technology sector, mobile payment widely for individual custodians; end- on ‘‘the national security implications of platforms, and big data collection, and investors providing security-by-security the economic relationship between the the country’s efforts to develop first- information will require an average of United States and the People’s Republic mover status on a sovereign digital 146 hours; and reporters entrusting their of China.’’ Pursuant to this mandate, the currency. foreign securities to U.S. custodians will Commission will hold a public hearing The hearing will be co-chaired by require an average of 49 hours. The in Washington, DC on April 15, 2021 on Vice Chairman Robin Cleveland and exemption level, which applies only in ‘‘A Net Assessment of the CCP’s Commissioner Michael Wessel. Any benchmark years when filing schedules Economic Ambitions, Plans, and interested party may file a written 2 or 3 or both, for custodians and for Metrics of Future Success.’’ statement by April 15, 2021 by end-investors is the holding of less than transmitting to the contact above. A $200 million in reportable foreign DATES: The hearing is scheduled for portion of the hearing will include a securities owned by U.S. residents. For Thursday, April 15, 2021, 9:30 a.m. question and answer period between the schedule 2, end-investors should ADDRESSES: This hearing will be held Commissioners and the witnesses. exclude securities that are held with with panelists and Commissioners their unaffiliated U.S.-resident participating in-person or online via Authority: Congress created the U.S.-China custodians. videoconference. Members of the Economic and Security Review Commission Estimated Total Annual Burden audience will be able to view a live in 2000 in the National Defense Hours: An annual average (over five webcast via the Commission’s website at Authorization Act (Pub. L. 106–398), as years) of 64,700 hours. www.uscc.gov. Also, please check the amended by Division P of the Consolidated Frequency of Response: Annual. Commission’s website for possible Appropriations Resolution, 2003 (Pub. L. Request for Comments: Comments changes to the hearing schedule. 108–7), as amended by Public Law 109–108 submitted in response to this notice will Reservations are not required to attend (November 22, 2005), as amended by Public be summarized and/or included in the the hearing. Law 113–291 (December 19, 2014). VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices 16845 Dated: March 23, 2021. being made pursuant to Section DEPARTMENT OF VETERANS Daniel W. Peck, 3506(c)(2)(A) of the PRA. AFFAIRS Executive Director, U.S.-China Economic and With respect to the following Security Review Commission. collection of information, OAL invites Genomic Medicine Program Advisory [FR Doc. 2021–06557 Filed 3–30–21; 8:45 am] comments on: (1) Whether the proposed Committee, Notice of Meeting BILLING CODE 1137–00–P collection of information is necessary for the proper performance of OAL’s The Department of Veterans Affairs functions, including whether the (VA) gives notice under the Federal Advisory Committee Act 5, U.S.C. App. DEPARTMENT OF VETERANS information will have practical utility; 2, that a meeting of the Genomic AFFAIRS (2) the accuracy of OAL’s estimate of the burden of the proposed collection of Medicine Program Advisory Committee [OMB Control No. 2900–0688] information; (3) ways to enhance the (the Committee) will be held virtually quality, utility, and clarity of the on Wednesday, April 28, 2021. The Agency Information Collection information to be collected; and (4) meeting will begin at 11:00 a.m. EDT Activity: VAAR 832.202–04, Security ways to minimize the burden of the and adjourn at 3:00 p.m. EDT. The For Government Financing collection of information on meeting is open to the public via Webex https://veteransaffairs.webex.com/ AGENCY: Office of Acquisition and respondents, including through the use Logistics, Department of Veterans of automated collection techniques or veteransaffairs/j.php?MTID= Affairs. the use of other forms of information m66dca294e13f2a5f5be16e1881d6e0c9 technology. password: RKpTbxp*365 or by phone at ACTION: Notice. Authority: Public Law 104–13; 44 call-in +14043971596, meeting code: SUMMARY: Office of Acquisition and U.S.C. 3501–3521. 1993482289##. Logistics (OAL), Department of Veterans Title: Department of Veterans Affairs The purpose of the Committee is to Affairs (VA), is announcing an Acquisition Regulation (VAAR) provide advice and make opportunity for public comment on the 832.202–4, Security for Government recommendations to the Secretary of proposed collection of certain Financing. Veterans Affairs on using genetic information by the agency. Under the OMB Control Number: 2900–0688. information to optimize medical care for Paperwork Reduction Act (PRA) of Type of Review: Extension of a Veterans and enhance the development 1995, Federal agencies are required to currently approved collection. of tests and treatments for diseases publish notice in the Federal Register Abstract: The information that is particularly relevant to Veterans. concerning each proposed collection of gathered under VAAR 832.202–4 will be On April 28, 2021, the Committee will information, including each proposed used by the VA contracting officer to receive updated briefings on various VA extension of a currently approved assess whether or not the contractor’s research programs, including the collection, and allow 60 days for public overall financial condition represents Million Veteran Program (MVP), to comment in response to the notice. adequate security to warrant paying the ascertain the program’s progress in the DATES: Written comments and contractor in advance. FAR subpart 32.2 areas of participant recruitment, data recommendations on the proposed authorizes the use of certain types of generation and storage, and data access. collection of information should be Government financing on commercial The Committee will also receive item purchases. 41 United States Code received on or before June 1, 2021. updates from ongoing MVP research, (U.S.C.) 255(f) requires the Government ADDRESSES: Submit written comments including new COVID-related research, to obtain adequate security for on the collection of information through the return of genetics results pilot Government financing. However, FAR Federal Docket Management System studies, final recommendations from a 32.202–4(a)(2) provides that, subject to (FDMS) at www.Regulations.gov or to subcommittee on Genomics Services agency regulations, the contracting Rafael Taylor, Office of Acquisition & within VA. Additionally, the Committee officer may determine that an offeror’s Logistics, Procurement Policy & Warrant will discuss and explore potential financial condition is adequate security. Management Services (003A2A), recommendations for the next annual VAAR 832.202–4 Security for Department of Veterans Affairs, 810 report. Government Financing specifies the Vermont Avenue NW, Washington, DC Public comments will be received at 20420 or email to [email protected]. type of information that the contracting officer may obtain to determine whether 2:15 p.m. EDT and are limited to 5 Please refer to ‘‘OMB Control No. 2900– minutes each. Individuals who speak 0688’’ in any correspondence. During or not the offeror’s financial condition constitutes adequate security. are invited to submit a 1–2 page the comment period, comments may be summary of their comments for viewed online through FDMS. Affected Public: Business or other for- profit. inclusion in the official meeting record FOR FURTHER INFORMATION CONTACT: Estimated Annual Burden: 63 hours. to Jennifer Moser, Designated Federal Maribel Aponte, Office of Enterprise Estimated Average Burden per Officer, Office of Research and and Integration, Data Governance Development (14RD), 810 Vermont Analytics (008), 1717 H Street NW, Respondent: 60 minutes. Frequency of Response: On occasion. Avenue NW, Washington, DC 20420, or Washington, DC 20006, (202) 266–4688 at [email protected]. In the Estimated Number of Respondents: or email [email protected]. Please communication, writers must identify 21. refer to ‘‘OMB Control No. 2900–0688’’ themselves and state the organization, in any correspondence. By direction of the Secretary. association or person(s) they represent. SUPPLEMENTARY INFORMATION: Under the Maribel Aponte, Any member of the public who wishes PRA of 1995, Federal agencies must VA PRA Clearance Officer, Office of to attend the teleconference should obtain approval from the Office of Enterprise and Integration/Data Governance RSVP to Jennifer Moser at 202–510– Management and Budget (OMB) for each Analytics, Department of Veterans Affairs. 4253 no later than close of business, collection of information they conduct [FR Doc. 2021–06539 Filed 3–30–21; 8:45 am] April 22, 2021, at the phone number or or sponsor. This request for comment is BILLING CODE 8320–01–P email address noted above. VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00145 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16846 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Notices Dated: March 25, 2021. LaTonya L. Small, Federal Advisory Committee Management Officer. [FR Doc. 2021–06581 Filed 3–30–21; 8:45 am] BILLING CODE P VerDate Sep<11>2014 18:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00146 Fmt 4703 Sfmt 9990 E:\FR\FM\31MRN1.SGM 31MRN1 jbell on DSKJLSW7X2PROD with NOTICES FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part II Regulatory Information Service Center Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions—Fall 2020 VerDate Sep<11>2014 19:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP2.SGM 31MRP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 16848 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda REGULATORY INFORMATION selected for periodic review under Office of Management and Budget SERVICE CENTER section 610 of the Regulatory Flexibility Office of National Drug Control Policy Act. Office of Personnel Management Introduction to the Unified Agenda of The complete fall 2020 Unified Pension Benefit Guaranty Corporation Federal Regulatory and Deregulatory Agenda contains the Regulatory Plans of Small Business Administration Social Security Administration Actions—Fall 2020 28 Federal agencies and 68 Federal agency regulatory agendas. Independent Regulatory Agencies AGENCY: Regulatory Information Service ADDRESSES: Consumer Financial Protection Bureau Center. Regulatory Information Service Center (MVE), General Services Consumer Product Safety Commission ACTION: Introduction to the Regulatory Administration, 1800 F Street NW, Federal Trade Commission Plan and the Unified Agenda of Federal 2219F, Washington, DC 20405. National Indian Gaming Commission Regulatory and Deregulatory Actions. Nuclear Regulatory Commission FOR FURTHER INFORMATION CONTACT: For Federal Permitting Improvement Steering SUMMARY: Publication of the Unified further information about specific Council regulatory actions, please refer to the Agenda of Regulatory and Deregulatory Agency Agendas Actions and the Regulatory Plan agency contact listed for each entry. To represent key components of the provide comment on or to obtain further Cabinet Departments regulatory planning mechanism information about this publication, Department of Agriculture prescribed in Executive Order 12866, contact: Boris Arratia, Director, Department of Commerce ‘‘Regulatory Planning and Review,’’ Regulatory Information Service Center Department of Defense Executive Order 13771, ‘‘Reducing (MR), General Services Administration, Department of Education 1800 F Street NW, Room 2221D, Department of Energy Regulation and Controlling Regulatory Department of Health and Human Services Costs,’’ January 30, 2017, and Executive Washington, DC 20405, 703–795–0816. Department of Homeland Security Order 13777, ‘‘Enforcing the Regulatory You may also send comments to us by Department of the Interior Reform Agenda,’’ February 24, 2017. email at: [email protected]. Department of Labor The fall editions of the Unified Agenda SUPPLEMENTARY INFORMATION: Department of Transportation Department of the Treasury include the agency regulatory plans Table of Contents required by E.O. 12866, which identify Other Executive Agencies Introduction to the Regulatory Plan and the regulatory priorities and provide Committee for Purchase From People Who additional detail about the most Unified Agenda of Federal Regulatory and Deregulatory Actions Are Blind or Severely Disabled important significant regulatory actions Environmental Protection Agency that agencies expect to take in the I. What are the Regulatory Plan and the General Services Administration coming year. Unified Agenda? Office of Management and Budget In addition, the Regulatory Flexibility II. Why are the Regulatory Plan and the Railroad Retirement Board Unified Agenda published? Small Business Administration Act requires that agencies publish III. How are the Regulatory Plan and the semiannual ‘‘regulatory flexibility Unified Agenda organized? Joint Authority agendas’’ describing regulatory actions IV. What information appears for each entry? Department of Defense/General Services they are developing that will have V. Abbreviations Administration/National Aeronautics and significant effects on small businesses VI. How can users get copies of the Plan and Space Administration (Federal Acquisition and other small entities (5 U.S.C. 602). the Agenda? Regulation) The Unified Agenda of Regulatory Introduction to the Fall 2020 Regulatory Plan Independent Regulatory Agencies and Deregulatory Actions (Unified Agency Regulatory Plans Agenda), published in the fall and Commodity Futures Trading Commission spring, helps agencies fulfill all of these Cabinet Departments Consumer Financial Protection Bureau Consumer Product Safety Commission requirements. All federal regulatory Department of Agriculture Department of Commerce Federal Communications Commission agencies have chosen to publish their Federal Reserve System regulatory agendas as part of this Department of Defense Department of Education Nuclear Regulatory Commission publication. The complete Unified Department of Energy Securities and Exchange Commission Agenda and Regulatory Plan can be Department of Health and Human Services Surface Transportation Board found online at http://www.reginfo.gov Department of Homeland Security Federal Permitting Improvement Steering and a reduced print version can be Department of Housing and Urban Council found in the Federal Register. Development Introduction to the Regulatory Plan and Information regarding obtaining printed Department of the Interior the Unified Agenda of Federal Department of Justice copies can also be found on the Regulatory and Deregulatory Actions Reginfo.gov website (or below, VI. How Department of Labor can users get copies of the Plan and the Department of State I. What are the Regulatory Plan and the Department of Transportation Unified Agenda? Agenda?). Department of the Treasury The fall 2020 Unified Agenda Department of Veterans Affairs The Regulatory Plan serves as a publication appearing in the Federal defining statement of the Register includes the Regulatory Plan Other Executive Agencies Administration’s regulatory and and agency regulatory flexibility Architectural and Transportation Barriers deregulatory policies and priorities. The agendas, in accordance with the Compliance Board Plan is part of the fall edition of the publication requirements of the Environmental Protection Agency Unified Agenda. Each participating Regulatory Flexibility Act. Agency Equal Employment Opportunity Commission agency’s regulatory plan contains: (1) A General Services Administration regulatory flexibility agendas contain National Aeronautics and Space narrative statement of the agency’s only those Agenda entries for rules that Administration regulatory and deregulatory priorities, are likely to have a significant economic National Archives and Records and, for the most part, (2) a description impact on a substantial number of small Administration of the most important significant entities and entries that have been National Science Foundation regulatory and deregulatory actions that VerDate Sep<11>2014 19:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP2.SGM 31MRP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16849 the agency reasonably expects to issue Equal Employment Opportunity their plans to review, propose, and issue in proposed or final form during the Commission * regulations. They have tried to predict upcoming fiscal year. This edition Federal Mediation Conciliation Service their activities over the next 12 months includes the regulatory plans of 30 Institute of Museum and Library as accurately as possible, but dates and agencies. Services schedules are subject to change. The Unified Agenda provides National Aeronautics and Space Agencies may withdraw some of the information about regulations that the Administration * regulations now under development, Government is considering or National Archives and Records and they may issue or propose other reviewing. The Unified Agenda has Administration * regulations not included in their appeared in the Federal Register twice National Endowment for the Arts agendas. Agency actions in the each year since 1983 and has been National Endowment for the Humanities rulemaking process may occur before or available online since 1995. The National Mediation Board after the dates they have listed. The National Science Foundation* complete Unified Agenda is available to Regulatory Plan and Unified Agenda do Office of Government Ethics the public at http://www.reginfo.gov. Office of Personnel Management * not create a legal obligation on agencies The online Unified Agenda offers Office of the United States Trade to adhere to schedules in this flexible search tools and access to the Representative publication or to confine their historic Unified Agenda database to Peace Corps regulatory activities to those regulations 1995. The complete online edition of Pension Benefit Guaranty Corporation * that appear within it. the Unified Agenda includes regulatory Presidio Trust II. Why are the Regulatory Plan and the agendas from 65 Federal agencies. Social Security Administration * Unified Agenda published? Agencies of the United States Congress U.S. Agency for Global Media are not included. The Regulatory Plan and the Unified The fall 2020 Unified Agenda Independent Agencies Agenda helps agencies comply with publication appearing in the Federal Council of the Inspectors General on their obligations under the Regulatory Register consists of The Regulatory Plan Integrity and Efficiency Flexibility Act and various Executive and agency regulatory flexibility Farm Credit Administration orders and other statutes. Federal Deposit Insurance Corporation agendas, in accordance with the Regulatory Flexibility Act publication requirements of the Federal Energy Regulatory Commission Regulatory Flexibility Act. Agency Federal Housing Finance Agency The Regulatory Flexibility Act regulatory flexibility agendas contain Federal Maritime Commission requires agencies to identify those rules only those Agenda entries for rules that Federal Mine Safety and Health Review that may have a significant economic are likely to have a significant economic Commission impact on a substantial number of small impact on a substantial number of small Federal Trade Commission * entities (5 U.S.C. 602). Agencies meet National Credit Union Administration entities and entries that have been that requirement by including the National Indian Gaming Commission * information in their submissions for the selected for periodic review under National Labor Relations Board section 610 of the Regulatory Flexibility Unified Agenda. Agencies may also National Transportation Safety Board indicate those regulations that they are Act. Printed entries display only the Postal Regulatory Commission fields required by the Regulatory reviewing as part of their periodic The Regulatory Information Service review of existing rules under the Flexibility Act. Complete agenda Center compiles the Unified Agenda for information for those entries appears, in Regulatory Flexibility Act (5 U.S.C. the Office of Information and Regulatory 610). Executive Order 13272, ‘‘Proper a uniform format, in the online Unified Affairs (OIRA), part of the Office of Agenda at http://www.reginfo.gov. Consideration of Small Entities in Management and Budget. OIRA is Agency Rulemaking,’’ signed August 13, The following agencies have no responsible for overseeing the Federal entries for inclusion in the printed 2002 (67 FR 53461), provides additional Government’s regulatory, paperwork, guidance on compliance with the Act. regulatory flexibility agenda. An asterisk and information resource management (*) indicates agencies that appear in The activities, including implementation of Executive Order 12866 Regulatory Plan. The regulatory agendas Executive Order 12866 (incorporated in Executive Order 12866, ‘‘Regulatory of these agencies are available to the Executive Order 13563). The Center also Planning and Review,’’ September 30, public at http://reginfo.gov. provides information about Federal 1993 (58 FR 51735), requires covered Cabinet Departments regulatory activity to the President and agencies to prepare an agenda of all Department of Justice * his Executive Office, the Congress, regulations under development or Department of Housing and Urban agency officials, and the public. review. The Order also requires that Development * The activities included in the Agenda certain agencies prepare annually a Department of State * are, in general, those that will have a regulatory plan of their ‘‘most important regulatory action within the next 12 significant regulatory actions,’’ which Other Executive Agencies months. Agencies may choose to appears as part of the fall Unified Agency for International Development include activities that will have a longer Agenda. Executive Order 13497, signed American Battle Monuments timeframe than 12 months. Agency January 30, 2009 (74 FR 6113), revoked Commission agendas also show actions or reviews the amendments to Executive Order Architectural and Transportation completed or withdrawn since the last 12866 that were contained in Executive Barriers Compliance Board * Unified Agenda. Executive Order 12866 Order 13258 and Executive Order Commission on Civil Rights does not require agencies to include 13422. Corporation for National and regulations concerning military or Community Service foreign affairs functions or regulations Executive Order 13771 Council on Environmental Quality related to agency organization, Executive Order 13771, ‘‘Reducing Court Services and Offender management, or personnel matters. Regulation and Controlling Regulatory Supervision Agency for the District of Agencies prepared entries for this Costs,’’ January 30, 2017 (82 FR 9339) Columbia publication to give the public notice of requires each agency to identify for VerDate Sep<11>2014 19:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP2.SGM 31MRP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 16850 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda elimination two prior regulations for the extent to which those concerns have final determination as to whether a rule every one new regulation issued, and been met. As part of this effort, agencies is major. the cost of planned regulations be include in their submissions for the III. How are the Regulatory Plan and prudently managed and controlled Unified Agenda information on whether the Unified Agenda organized? through a budgeting process. their regulatory actions may have an The Regulatory Plan appears in part II Executive Order 13777 effect on the various levels of government and whether those actions in a daily edition of the Federal Executive Order 13777, ‘‘Enforcing have federalism implications. Register. The Plan is a single document the Regulatory Reform Agenda,’’ beginning with an introduction, February 24, 2017 (82 FR 12285) Unfunded Mandates Reform Act of 1995 followed by a table of contents, followed requires each agency to designate an The Unfunded Mandates Reform Act by each agency’s section of the Plan. agency official as its Regulatory Reform of 1995 (Pub. L. 104–4, title II) requires Following the Plan in the Federal Officer (RRO). Each RRO shall oversee agencies to prepare written assessments Register, as separate parts, are the the implementation of regulatory reform of the costs and benefits of significant regulatory flexibility agendas for each initiatives and policies to ensure that regulatory actions ‘‘that may result in agency whose agenda includes entries agencies effectively carry out regulatory the expenditure by State, local, and for rules which are likely to have a reforms, consistent with applicable law. tribal governments, in the aggregate, or significant economic impact on a The Executive Order also directs that by the private sector, of $100,000,000 or substantial number of small entities or each agency designate a regulatory more in any 1 year.’’ The requirement rules that have been selected for Reform Task Force. does not apply to independent periodic review under section 610 of the Regulatory Flexibility Act. Each printed Executive Order 13563 regulatory agencies, nor does it apply to agenda appears as a separate part. The certain subject areas excluded by Executive Order 13563, ‘‘Improving sections of the Plan and the parts of the section 4 of the Act. Affected agencies Regulation and Regulatory Review,’’ Unified Agenda are organized identify in the Unified Agenda those January 18, 2011 (76 FR 3821) alphabetically in four groups: Cabinet regulatory actions they believe are supplements and reaffirms the departments; other executive agencies; subject to title II of the Act. principles, structures, and definitions the Federal Acquisition Regulation, a governing contemporary regulatory Executive Order 13211 joint authority (Agenda only); and review that were established in independent regulatory agencies. Executive Order 12866, which includes Executive Order 13211, ‘‘Actions Agencies may in turn be divided into the general principles of regulation and Concerning Regulations That subagencies. Each printed agency public participation, and orders Significantly Affect Energy Supply, agenda has a table of contents listing the integration and innovation in Distribution, or Use,’’ May 18, 2001 (66 agency’s printed entries that follow. coordination across agencies; flexible FR 28355), directs agencies to provide, Each agency’s part of the Agenda approaches where relevant, feasible, and to the extent possible, information contains a preamble providing consistent with regulatory approaches; regarding the adverse effects that agency information specific to that agency. scientific integrity in any scientific or actions may have on the supply, Each printed agency agenda has a table technological information and processes distribution, and use of energy. Under of contents listing the agency’s printed used to support the agencies’ regulatory the Order, the agency must prepare and entries that follow. actions; and retrospective analysis of submit a Statement of Energy Effects to Each agency’s section of the Plan existing regulations. the Administrator of the Office of contains a narrative statement of Information and Regulatory Affairs, regulatory priorities and, for most Executive Order 13132 Office of Management and Budget, for agencies, a description of the agency’s Executive Order 13132, ‘‘Federalism,’’ ‘‘those matters identified as significant most important significant regulatory August 4, 1999 (64 FR 43255), directs energy actions.’’ As part of this effort, and deregulatory actions. Each agency’s agencies to have an accountable process agencies may optionally include in their part of the Agenda contains a preamble to ensure meaningful and timely input submissions for the Unified Agenda providing information specific to that by State and local officials in the information on whether they have agency plus descriptions of the agency’s development of regulatory policies that prepared or plan to prepare a Statement regulatory and deregulatory actions. have ‘‘federalism implications’’ as of Energy Effects for their regulatory The online, complete Unified Agenda defined in the Order. Under the Order, actions. contains the preambles of all an agency that is proposing a regulation Small Business Regulatory Enforcement participating agencies. Unlike the with federalism implications, which Fairness Act printed edition, the online Agenda has either preempt State law or impose non- no fixed ordering. In the online Agenda, statutory unfunded substantial direct The Small Business Regulatory users can select the particular agencies’ compliance costs on State and local Enforcement Fairness Act (Pub. L. 104– agendas they want to see. Users have governments, must consult with State 121, title II) established a procedure for broad flexibility to specify the and local officials early in the process congressional review of rules (5 U.S.C. characteristics of the entries of interest of developing the regulation. In 801 et seq.), which defers, unless to them by choosing the desired addition, the agency must provide to the exempted, the effective date of a responses to individual data fields. To Director of the Office of Management ‘‘major’’ rule for at least 60 days from see a listing of all of an agency’s entries, and Budget a federalism summary the publication of the final rule in the a user can select the agency without impact statement for such a regulation, Federal Register. The Act specifies that specifying any particular characteristics which consists of a description of the a rule is ‘‘major’’ if it has resulted, or is of entries. extent of the agency’s prior consultation likely to result, in an annual effect on Each entry in the Agenda is associated with State and local officials, a the economy of $100 million or more or with one of five rulemaking stages. The summary of their concerns and the meets other criteria specified in that rulemaking stages are: agency’s position supporting the need to Act. The Act provides that the 1. Prerule Stage—actions agencies issue the regulation, and a statement of Administrator of OIRA will make the will undertake to determine whether or VerDate Sep<11>2014 19:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP2.SGM 31MRP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16851 how to initiate rulemaking. Such actions used in the online Unified Agenda (2) Other Significant occur prior to a Notice of Proposed because the unique Regulation Identifier A rulemaking that is not Rulemaking (NPRM) and may include Number (RIN) is able to provide this Economically Significant but is Advance Notices of Proposed cross-reference capability. considered Significant by the agency. Rulemaking (ANPRMs) and reviews of Editions of the Unified Agenda prior This category includes rules that the existing regulations. to fall 2007 contained several indexes, agency anticipates will be reviewed 2. Proposed Rule Stage—actions for which identified entries with various under Executive Order 12866 or rules which agencies plan to publish a Notice characteristics. These included that are a priority of the agency head. of Proposed Rulemaking as the next step regulatory actions for which agencies These rules may or may not be included in their rulemaking process or for which believe that the Regulatory Flexibility in the agency’s regulatory plan. the closing date of the NPRM Comment Act may require a Regulatory Flexibility Period is the next step. Analysis, actions selected for periodic (3) Substantive, Nonsignificant 3. Final Rule Stage—actions for which review under section 610(c) of the A rulemaking that has substantive agencies plan to publish a final rule or Regulatory Flexibility Act, and actions impacts, but is neither Significant, nor an interim final rule or to take other that may have federalism implications Routine and Frequent, nor final action as the next step. as defined in Executive Order 13132 or Informational/Administrative/Other. 4. Long-Term Actions—items under other effects on levels of government. development but for which the agency These indexes are no longer compiled, (4) Routine and Frequent does not expect to have a regulatory because users of the online Unified A rulemaking that is a specific case of action within the 12 months after Agenda have the flexibility to search for a multiple recurring application of a publication of this edition of the Unified entries with any combination of desired regulatory program in the Code of Agenda. Some of the entries in this characteristics. The online edition Federal Regulations and that does not section may contain abbreviated retains the Unified Agenda’s subject alter the body of the regulation. information. index based on the Federal Register (5) Informational/Administrative/Other 5. Completed Actions—actions or Thesaurus of Indexing Terms. In reviews the agency has completed or addition, online users have the option of A rulemaking that is primarily withdrawn since publishing its last searching Agenda text fields for words informational or pertains to agency agenda. This section also includes items or phrases. matters not central to accomplishing the the agency began and completed agency’s regulatory mandate but that the between issues of the Agenda. IV. What information appears for each agency places in the Unified Agenda to Long-Term Actions are rulemakings entry? inform the public of the activity. reported during the publication cycle All entries in the online Unified Major—whether the rule is ‘‘major’’ that are outside of the required 12- Agenda contain uniform data elements under 5 U.S.C. 801 (Pub. L. 104–121) month reporting period for which the including, at a minimum, the following because it has resulted or is likely to Agenda was intended. Completed information: result in an annual effect on the Actions in the publication cycle are Title of the Regulation—a brief economy of $100 million or more or rulemakings that are ending their description of the subject of the meets other criteria specified in that lifecycle either by Withdrawal or regulation. In the printed edition, the Act. The Act provides that the completion of the rulemaking process. notation ‘‘Section 610 Review’’ Administrator of the Office of Therefore, the Long-Term and following the title indicates that the Information and Regulatory Affairs will Completed RINs do not represent the agency has selected the rule for its make the final determination as to ongoing, forward-looking nature periodic review of existing rules under whether a rule is major. intended for reporting developing the Regulatory Flexibility Act (5 U.S.C. Unfunded Mandates—whether the rulemakings in the Agenda pursuant to 610(c)). Some agencies have indicated rule is covered by section 202 of the Executive Order 12866, section 4(b) and completions of section 610 reviews or Unfunded Mandates Reform Act of 1995 4(c). To further differentiate these two rulemaking actions resulting from (Pub. L. 104–4). The Act requires that, stages of rulemaking in the Unified completed section 610 reviews. In the before issuing an NPRM likely to result Agenda from active rulemakings, Long- online edition, these notations appear in in a mandate that may result in Term and Completed Actions are a separate field. expenditures by State, local, and tribal reported separately from active Priority—an indication of the governments, in the aggregate, or by the rulemakings, which can be any of the significance of the regulation. Agencies private sector of more than $100 million first three stages of rulemaking listed assign each entry to one of the following in 1 year, agencies, other than above. A separate search function is five categories of significance. independent regulatory agencies, shall provided on http://reginfo.gov to search (1) Economically Significant prepare a written statement containing for Completed and Long-Term Actions an assessment of the anticipated costs apart from each other and active RINs. As defined in Executive Order 12866, and benefits of the Federal mandate. A bullet (•) preceding the title of an a rulemaking action that will have an Legal Authority—the section(s) of the entry indicates that the entry is annual effect on the economy of $100 United States Code (U.S.C.) or Public appearing in the Unified Agenda for the million or more or will adversely affect Law (Pub. L.) or the Executive order first time. in a material way the economy, a sector (E.O.) that authorize(s) the regulatory In the printed edition, all entries are of the economy, productivity, action. Agencies may provide popular numbered sequentially from the competition, jobs, the environment, name references to laws in addition to beginning to the end of the publication. public health or safety, or State, local, these citations. The sequence number preceding the or tribal governments or communities. CFR Citation—the section(s) of the title of each entry identifies the location The definition of an ‘‘economically Code of Federal Regulations that will be of the entry in this edition. The significant’’ rule is similar but not affected by the action. sequence number is used as the identical to the definition of a ‘‘major’’ Legal Deadline—whether the action is reference in the printed table of rule under 5 U.S.C. 801 (Pub. L. 104– subject to a statutory or judicial contents. Sequence numbers are not 121). (See below.) deadline, the date of that deadline, and VerDate Sep<11>2014 19:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP2.SGM 31MRP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 16852 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda whether the deadline pertains to an Agency Contact—the name and phone reduction efforts within the agency’s NPRM, a Final Action, or some other number of at least one person in the jurisdiction. action. agency who is knowledgeable about the V. Abbreviations Abstract—a brief description of the rulemaking action. The agency may also problem the regulation will address; the provide the title, address, fax number, The following abbreviations appear need for a Federal solution; to the extent email address, and TDD for each agency throughout this publication: available, alternatives that the agency is contact. ANPRM—An Advance Notice of considering to address the problem; and Some agencies have provided the Proposed Rulemaking is a preliminary potential costs and benefits of the following optional information: notice, published in the Federal action. RIN Information URL—the internet Register, announcing that an agency is Timetable—the dates and citations (if address of a site that provides more considering a regulatory action. An available) for all past steps and a information about the entry. agency may issue an ANPRM before it projected date for at least the next step Public Comment URL—the internet develops a detailed proposed rule. An for the regulatory action. A date address of a site that will accept public ANPRM describes the general area that displayed in the form 12/00/19 means comments on the entry. Alternatively, may be subject to regulation and usually the agency is predicting the month and timely public comments may be asks for public comment on the issues year the action will take place but not submitted at the Governmentwide e- and options being discussed. An the day it will occur. In some instances, rulemaking site, http:// ANPRM is issued only when an agency agencies may indicate what the next www.regulations.gov. believes it needs to gather more action will be, but the date of that action Additional Information—any information before proceeding to a is ‘‘To Be Determined.’’ ‘‘Next Action information an agency wishes to include notice of proposed rulemaking. Undetermined’’ indicates the agency that does not have a specific CFR—The Code of Federal does not know what action it will take corresponding data element. Regulations is an annual codification of next. Compliance Cost to the Public—the the general and permanent regulations Regulatory Flexibility Analysis estimated gross compliance cost of the published in the Federal Register by the Required—whether an analysis is action. agencies of the Federal Government. The Code is divided into 50 titles, each required by the Regulatory Flexibility Affected Sectors—the industrial title covering a broad area subject to Act (5 U.S.C. 601 et seq.) because the sectors that the action may most affect, Federal regulation. The CFR is keyed to rulemaking action is likely to have a either directly or indirectly. Affected and kept up to date by the daily issues significant economic impact on a sectors are identified by North of the Federal Register. substantial number of small entities as American Industry Classification E.O.—An Executive order is a defined by the Act. System (NAICS) codes. directive from the President to Small Entities Affected—the types of Energy Effects—an indication of Executive agencies, issued under small entities (businesses, governmental whether the agency has prepared or constitutional or statutory authority. jurisdictions, or organizations) on which plans to prepare a Statement of Energy Executive orders are published in the the rulemaking action is likely to have Effects for the action, as required by Federal Register and in title 3 of the an impact as defined by the Regulatory Executive Order 13211 ‘‘Actions Code of Federal Regulations. Flexibility Act. Some agencies have Concerning Regulations That FR—The Federal Register is a daily chosen to indicate likely effects on Significantly Affect Energy Supply, Federal Government publication that small entities even though they believe Distribution, or Use,’’ signed May 18, provides a uniform system for that a Regulatory Flexibility Analysis 2001 (66 FR 28355). publishing Presidential documents, all will not be required. Related RINs—one or more past or proposed and final regulations, notices Government Levels Affected—whether current RIN(s) associated with activity of meetings, and other official the action is expected to affect levels of related to this action, such as merged documents issued by Federal agencies. government and, if so, whether the RINs, split RINs, new activity for FY—The Federal fiscal year runs from governments are State, local, tribal, or previously completed RINs, or duplicate October 1 to September 30. Federal. RINs. • NPRM—A Notice of Proposed International Impacts—whether the Statement of Need—a description of Rulemaking is the document an agency regulation is expected to have the need for the regulatory action. issues and publishes in the Federal international trade and investment Summary of the Legal Basis—a Register that describes and solicits effects, or otherwise may be of interest description of the legal basis for the public comments on a proposed to the Nation’s international trading action, including whether any aspect of regulatory action. Under the partners. the action is required by statute or court Administrative Procedure Act (5 U.S.C. Federalism—whether the action has order. 553), an NPRM must include, at a ‘‘federalism implications’’ as defined in Alternatives—a description of the minimum: A statement of the time, Executive Order 13132. This term refers alternatives the agency has considered place, and nature of the public to actions ‘‘that have substantial direct or will consider as required by section rulemaking proceeding; effects on the States, on the relationship 4(c)(1)(B) of Executive Order 12866. • A reference to the legal authority between the national government and Anticipated Costs and Benefits—a under which the rule is proposed; and the States, or on the distribution of description of preliminary estimates of Either the terms or substance of the power and responsibilities among the the anticipated costs and benefits of the proposed rule or a description of the various levels of government.’’ action. subjects and issues involved. Independent regulatory agencies are not Risks—a description of the magnitude PL (or Pub. L.)—A public law is a law required to supply this information. of the risk the action addresses, the passed by Congress and signed by the Included in the Regulatory Plan— amount by which the agency expects the President or enacted over his veto. It has whether the rulemaking was included in action to reduce this risk, and the general applicability, unlike a private the agency’s current regulatory plan relation of the risk and this risk law that applies only to those persons published in fall 2017. reduction effort to other risks and risk or entities specifically designated. VerDate Sep<11>2014 19:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP2.SGM 31MRP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16853 Public laws are numbered in sequence Rule documents when publishing them are available from the Superintendent of throughout the 2-year life of each in the Federal Register, to make it easier Documents, U.S. Government Congress; for example, Public Law 112– for the public and agency officials to Publishing Office, P.O. Box 371954, 4 is the fourth public law of the 112th track the publication history of Pittsburgh, PA 15250–7954. Telephone: Congress. regulatory actions throughout their (202) 512–1800 or 1–866–512–1800 RFA—A Regulatory Flexibility development. (toll-free). Analysis is a description and analysis of Seq. No.—The sequence number Copies of individual agency materials the impact of a rule on small entities, identifies the location of an entry in the may be available directly from the including small businesses, small printed edition of the Regulatory Plan agency or may be found on the agency’s governmental jurisdictions, and certain and the Unified Agenda. Note that a website. Please contact the particular small not-for-profit organizations. The specific regulatory action will have the agency for further information. Regulatory Flexibility Act (5 U.S.C. 601 same RIN throughout its development et seq.) requires each agency to prepare but will generally have different All editions of The Regulatory Plan an initial RFA for public comment when sequence numbers if it appears in and the Unified Agenda of Federal it is required to publish an NPRM and different printed editions of the Unified Regulatory and Deregulatory Actions to make available a final RFA when the Agenda. Sequence numbers are not used since fall 1995 are available in final rule is published, unless the in the online Unified Agenda. electronic form at http://reginfo.gov, agency head certifies that the rule U.S.C.—The United States Code is a along with flexible search tools. would not have a significant economic consolidation and codification of all The Government Publishing Office’s impact on a substantial number of small general and permanent laws of the GPO FDsys website contains copies of entities. United States. The U.S.C. is divided into the Agendas and Regulatory Plans that RIN—The Regulation Identifier 50 titles, each title covering a broad area have been printed in the Federal Number is assigned by the Regulatory of Federal law. Register. These documents are available Information Service Center to identify at http://www.fdsys.gov. each regulatory action listed in the VI. How can users get copies of the Plan Regulatory Plan and the Unified and the Agenda? Dated: December 3, 2020. Agenda, as directed by Executive Order Copies of the Federal Register issue Boris Arratia, 12866 (section 4(b)). Additionally, OMB containing the printed edition of The Director. has asked agencies to include RINs in Regulatory Plan and the Unified Agenda [FR Doc. 2021–04348 Filed 3–30–21; 8:45 am] the headings of their Rule and Proposed (agency regulatory flexibility agendas) BILLING CODE 6820–27–P VerDate Sep<11>2014 19:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP2.SGM 31MRP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 VerDate Mar 15 2010 04:16 Oct 27, 2011 Jkt 000000 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 C:\DOCS\BLANK.FR DEV003 FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part III Department of Agriculture Semiannual Regulatory Agenda VerDate Sep<11>2014 19:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP3.SGM 31MRP3 jbell on DSKJLSW7X2PROD with PROPOSALS3 16856 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda DEPARTMENT OF AGRICULTURE ‘‘Enforcing the Regulatory Reform 602), USDA’s printed agenda entries Agenda,’’ and 13563, ‘‘Improving include only: Office of the Secretary Regulation and Regulatory Review.’’ (1) Rules that are likely to have a The agenda also describes regulations significant economic impact on a 2 CFR Subtitle B, Ch. IV affecting small entities as required by substantial number of small entities; section 602 of the Regulatory Flexibility and 5 CFR Ch. LXXIII Act, Public Law 96–354. This agenda (2) Rules identified for periodic also identifies regulatory actions that are review under section 610 of the 7 CFR Subtitle A; Subtitle B, Chs. I–XI, being reviewed in compliance with Regulatory Flexibility Act. XIV–XVIII, XX, XXV–XXXVIII, XLII section 610(c) of the Regulatory For this edition of the USDA Flexibility Act. We invite public regulatory agenda, the most important 9 CFR Chs. I–III comment on those actions as well as any regulatory and deregulatory actions are regulation consistent with Executive summarized in a Statement of 36 CFR Ch. II Order 13563. Regulatory Priorities that is included in USDA has attempted to list all the Regulatory Plan, which appears in 48 CFR Ch. 4 both the online regulatory agenda and in regulations and regulatory reviews part II of the Federal Register that pending at the time of publication Semiannual Regulatory Agenda, Fall includes the abbreviated regulatory except for minor and routine or 2020 agenda. repetitive actions, but some may have AGENCY: Office of the Secretary, USDA. been inadvertently missed. There is no FOR FURTHER INFORMATION CONTACT: For ACTION: Semiannual regulatory agenda. legal significance to the omission of an further information on any specific entry shown in this agenda, please SUMMARY: This agenda provides item from this listing. Also, the dates contact the person listed for that action. summary descriptions of the significant shown for the steps of each action are For general comments or inquiries about and not significant regulatory and estimated and are not commitments to the agenda, please contact Michael Poe, deregulatory actions being developed in act on or by the date shown. Office of Budget and Program Analysis, agencies of the U.S. Department of USDA’s complete regulatory agenda is U.S. Department of Agriculture, Agriculture (USDA) in conformance available online at www.reginfo.gov. Washington, DC 20250, (202) 720–3257. with Executive Orders (E.O.) 12866 Because publication in the Federal ‘‘Regulatory Planning and Review,’’ Register is mandated for the regulatory Dated: September 10, 2020. 13771 ‘‘Reducing Regulation and flexibility agendas required by the Michael Poe, Controlling Regulatory Costs,’’ 13777, Regulatory Flexibility Act (5 U.S.C. Legislative and Regulatory Staff. AGRICULTURAL MARKETING SERVICE—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 130 ...... NOP; Strengthening Organic Enforcement ...... 0581–AD09 131 ...... Undue and Unreasonable Preferences and Advantages Under the Packers and Stockyards Act ...... 0581–AD81 132 ...... Establishment of a Domestic Hemp Production Program (Reg Plan Seq No. 1) ...... 0581–AD82 References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. ANIMAL AND PLANT HEALTH INSPECTION SERVICE—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 133 ...... Handling of Animals; Contingency Plans ...... 0579–AC69 134 ...... Requiring Microchipping, Verifiable Signatures, Government Official Endorsement, and Mandatory Forms 0579–AE58 for Importation of Live Dogs. ANIMAL AND PLANT HEALTH INSPECTION SERVICE—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 135 ...... Bovine Spongiform Encephalopathy and Scrapie; Importation of Small Ruminants and Their Germplasm, 0579–AD10 Products, and Byproducts. 136 ...... National List of Reportable Animal Diseases ...... 0579–AE39 137 ...... Removal of Emerald Ash Borer Domestic Quarantine Regulations ...... 0579–AE42 ANIMAL AND PLANT HEALTH INSPECTION SERVICE—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 138 ...... Importation of Fresh Citrus Fruit From the Republic of South Africa Into the Continental United States ...... 0579–AD95 VerDate Sep<11>2014 19:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP3.SGM 31MRP3 jbell on DSKJLSW7X2PROD with PROPOSALS3 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16857 ANIMAL AND PLANT HEALTH INSPECTION SERVICE—COMPLETED ACTIONS Regulation Sequence No. Title Identifier No. 139 ...... Brucellosis and Bovine Tuberculosis; Update of Import Provisions ...... 0579–AD65 140 ...... Importation, Interstate Movement, and Release Into the Environment of Certain Genetically Engineered 0579–AE47 Organisms. FOOD AND NUTRITION SERVICE—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 141 ...... Strengthening Integrity and Reducing Retailer Fraud in the Supplemental Nutrition Assistance Program 0584–AE71 (SNAP). FOOD AND NUTRITION SERVICE—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 142 ...... Providing Regulatory Flexibility for Retailers in the Supplemental Nutrition Assistance Program (SNAP) .... 0584–AE61 FOREST SERVICE—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 143 ...... Special Uses—Communications Uses Rent ...... 0596–AD43 DEPARTMENT OF AGRICULTURE Action Date FR Cite Action Date FR Cite (USDA) Comment Period 10/05/20 NPRM Comment 03/13/20 Agricultural Marketing Service (AMS) End. Period End. Final Rule Stage Final Rule ...... I 09/00/21 I Final Rule ...... I 12/00/20 I 130. NOP; Strengthening Organic Regulatory Flexibility Analysis Regulatory Flexibility Analysis Enforcement Required: Yes. Required: Yes. E.O. 13771 Designation: Regulatory. Agency Contact: Jennifer Tucker, Agency Contact: Michael V. Durando, Legal Authority: 7 U.S.C. 6501 Deputy Administrator, USDA National Associate Deputy Administrator, Fair Abstract: The Strengthening Organic Organic Program, Department of Trade Practices Program, Department of Enforcement (SOE) rulemaking will Agriculture, Agricultural Marketing Agriculture, Agricultural Marketing address 2018 Farm Bill mandates. In Service, 1400 Independence Avenue Service, 1400 Independence Avenue summary, SOE will propose the SW, Washington, DC 20250, Phone: 202 SW, Washington, DC 20250–0237, following requirements that align with 260–8077. Phone: 202 720–0219. the Farm Bill: RIN: 0581–AD09 RIN: 0581–AD81 • Limiting the types of operations in the organic supply chain that are not 131. Undue and Unreasonable 132. Establishment of a Domestic Hemp required to obtain organic certification; Preferences and Advantages Under the Production Program • Imported organic products must be Packers and Stockyards Act Regulatory Plan: This entry is Seq. accompanied by an electronic import E.O. 13771 Designation: Regulatory. No. 1 in part II of this issue of the certificate to validate organic status; Federal Register. • Import certificates will be Legal Authority: Pub. L. 110–234 RIN: 0581–AD82 Abstract: This final rule amends the submitted to the U.S. Customs and BILLING CODE 3410–02–P Border Protection’s Automated regulations issued under the Packers Commercial Environment (ACE); and Stockyards Act (P&S Act) by adding • Certifying agents must notify USDA new regulations that specify the criteria within 90 days of the opening of any the Secretary could consider in DEPARTMENT OF AGRICULTURE new office that conducts certification determining whether conduct or action (USDA) activities; and, by packers, swine contractors, or live Animal and Plant Health Inspection • Entities acting on behalf of poultry dealers constitutes an undue or Service (APHIS) certifying agents may be suspended unreasonable preference or advantage when there is noncompliant activity. and a violation of the P&S Act. Proposed Rule Stage Timetable: Timetable: 133. Handling of Animals; Contingency Plans Action Date FR Cite Action Date FR Cite E.O. 13771 Designation: Regulatory. Proposed Rule .... 08/05/20 85 FR 47536 NPRM ...... 01/13/20 85 FR 1771 Legal Authority: 7 U.S.C. 2131 to 2159 VerDate Sep<11>2014 19:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP3.SGM 31MRP3 jbell on DSKJLSW7X2PROD with PROPOSALS3 16858 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Abstract: This rulemaking would official in the country of origin, and the Action Date FR Cite amend the Animal Welfare Act mandatory use of forms provided by regulations to add requirements for APHIS. NPRM Comment 09/16/16 contingency planning and training of Timetable: Period End. personnel by research facilities and by Final Rule ...... I 02/00/21 dealers, exhibitors, intermediate Action Date FR Cite handlers, and carriers. This action Regulatory Flexibility Analysis NPRM ...... 08/00/21 would heighten the awareness of Required: Yes. licensees and registrants regarding their Agency Contact: Alexandra Regulatory Flexibility Analysis responsibilities and help ensure a MacKenzie, Veterinary Medical Officer, Required: Yes. timely and appropriate response should Animal Permitting and Negotiating Agency Contact: Kay Carter-Corker, Services, NIES, VS, Department of an emergency or disaster occur. Director, National Policy Staff, Animal Timetable: Agriculture, Animal and Plant Health Care, Department of Agriculture, Inspection Service, 4700 River Road, Action Date FR Cite Animal and Plant Health Inspection Unit 39, Riverdale, MD 20737, Phone: Service, 4700 River Road, Unit 84, 301 851–3300. NPRM ...... 10/23/08 73 FR 63085 Riverdale, MD 20737, Phone: 301 851– RIN: 0579–AD10 NPRM Comment 12/22/08 3748. Period End. RIN: 0579–AE58 136. National List of Reportable Animal NPRM Comment 12/19/08 73 FR 77554 Diseases Period Ex- tended. E.O. 13771 Designation: Other. NPRM Comment 02/20/09 DEPARTMENT OF AGRICULTURE Legal Authority: 7 U.S.C. 8301 to 8317 Period Ex- (USDA) Abstract: This rulemaking would tended End. amend the animal disease regulations to Final Rule ...... 12/31/12 77 FR 76815 Animal and Plant Health Inspection provide for a National List of Reportable Final Rule Effec- 01/30/13 Service (APHIS) Animal Diseases, along with animal tive. Final Rule Stage disease reporting responsibilities, to Final Rule—Stay 07/31/13 78 FR 46255 streamline State and Federal of Regulations. 135. Bovine Spongiform cooperative animal disease eradication Final Rule Effec- 07/31/13 Encephalopathy and Scrapie; efforts. This action would enhance and tive—Stay of Importation of Small Ruminants and Regulations. consolidate current disease reporting NPRM ...... 06/00/21 Their Germplasm, Products, and mechanisms, and would complement Byproducts and supplement existing animal disease Regulatory Flexibility Analysis E.O. 13771 Designation: Deregulatory. tracking and reporting at the State level. Required: Yes. Legal Authority: 7 U.S.C. 450; 7 U.S.C. Timetable: Agency Contact: Kay Carter-Corker, 1622; 7 U.S.C. 7701 to 7772; 7 U.S.C. Director, National Policy Staff, Animal 7781 to 7786; 7 U.S.C. 8301 to 8317; 21 Action Date FR Cite Care, Department of Agriculture, U.S.C. 136 and 136a; 31 U.S.C. 9701 Animal and Plant Health Inspection Abstract: We are amending the NPRM ...... 04/02/20 85 FR 18471 NPRM Comment 06/01/20 Service, 4700 River Road, Unit 84, regulations governing the importation of Period End. Riverdale, MD 20737, Phone: 301 851– animals and animal products to revise NPRM Comment 08/18/20 85 FR 50796 3748. conditions for the importation of live Period Re- RIN: 0579–AC69 sheep, goats, and certain other non- opened. • bovine ruminants, and products derived NPRM Comment 08/21/20 134. Requiring Microchipping, Period Re- Verifiable Signatures, Government from sheep and goats, with regard to transmissible spongiform opened End. Official Endorsement, and Mandatory Final Action ...... 06/00/21 Forms for Importation of Live Dogs encephalopathies such as bovine spongiform encephalopathy (BSE) and E.O. 13771 Designation: Regulatory. scrapie. We are removing BSE-related Regulatory Flexibility Analysis Legal Authority: 7 U.S.C. 2131 to 2159 import restrictions on sheep and goats Required: Yes. Abstract: We are proposing to amend and most of their products, and adding Agency Contact: Jason Baldwin, the regulations regarding the import restrictions related to Acting Coordinator, National List of importation of live dogs by requiring all transmissible spongiform Reportable Animal Diseases, live dogs imported into the United encephalopathies for certain wild, Department of Agriculture, Animal and States for resale purposes to be zoological, or other non-bovine Plant Health Inspection Service, 2150 microchipped for permanent ruminant species. The conditions we are Centre Avenue, Building B, Mailstop identification, and to require importers adopting for the importation of specified 1E3, Fort Collins, CO 80526, Phone: 970 to procure a microchip reader and make commodities are based on 494–7225. it available to port-of-entry officials as internationally accepted scientific RIN: 0579–AE39 requested. This action would also add literature and will, in general, align our microchipping as one of three 137. Removal of Emerald Ash Borer regulations with guidelines established Domestic Quarantine Regulations identification options for dogs and cats in the World Organization for Animal used by dealers, exhibitors and research Health’s Terrestrial Animal Health E.O. 13771 Designation: Deregulatory. facilities. In addition, APHIS is Code. Legal Authority: 7 U.S.C. 7701 to proposing to require a verifiable Timetable: 7772; 7 U.S.C. 7781 to 7786 signature on the health certificate and Abstract: This rulemaking will rabies certificate accompanying Action Date FR Cite remove the domestic quarantine imported live dogs, an endorsement of regulations for the plant pest emerald the health certificate by a government NPRM ...... 07/18/16 81 FR 46619 ash borer. This action will discontinue VerDate Sep<11>2014 19:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP3.SGM 31MRP3 jbell on DSKJLSW7X2PROD with PROPOSALS3 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16859 the domestic regulatory component of been produced in accordance with the Abstract: APHIS is revising its the emerald ash borer program as a systems approach. This action will regulations regarding the importation, means to more effectively direct allow for the importation of fresh citrus interstate movement, and environmental available resources toward management fruit, including citrus hybrids, from the release of certain genetically engineered and containment of the pest. Funding Republic of South Africa while organisms in order to update the previously allocated to the continuing to provide protection against regulations in response to advances in implementation and enforcement of the introduction of plant pests into the genetic engineering and APHIS’ these domestic quarantine regulations United States. understanding of the plant health risk will instead be directed to a non- Timetable: posed by genetically engineered regulatory option of research into, and organisms, thereby reducing the burden deployment of, biological control agents Action Date FR Cite for regulated entities whose organisms for emerald ash borer, which will serve pose no plant health risks. NPRM ...... 08/28/14 79 FR 51273 Completed: as the primary tool to mitigate and NPRM Comment 10/27/14 control the pest. Period End. Reason Date FR Cite Timetable: Next Action Unde- termined. Final Rule ...... 05/18/20 85 FR 29790 Action Date FR Cite Final Rule Effec- 08/17/20 Regulatory Flexibility Analysis NPRM ...... 09/19/18 83 FR 47310 tive. I NPRM Comment 11/19/18 Required: Yes. Period End. Agency Contact: Tony Roma´n, Phone: Regulatory Flexibility Analysis Final Rule ...... 11/00/20 301 851–2242. Required: Yes. I I RIN: 0579–AD95 Agency Contact: Alan Pearson, Phone: Regulatory Flexibility Analysis 301 851–3944. Required: Yes. RIN: 0579–AE47 BILLING CODE 3410–34–P Agency Contact: Herbert Bolton, DEPARTMENT OF AGRICULTURE National Policy Manager, PPQ, (USDA) Department of Agriculture, Animal and Plant Health Inspection Service, 4700 Animal and Plant Health Inspection DEPARTMENT OF AGRICULTURE River Road, Unit 26, Riverdale, MD Service (APHIS) (USDA) 20737–1231, Phone: 301 851–3594. Completed Actions RIN: 0579–AE42 Food and Nutrition Service (FNS) 139. Brucellosis and Bovine Proposed Rule Stage Tuberculosis; Update of Import Provisions 141. Strengthening Integrity and DEPARTMENT OF AGRICULTURE Reducing Retailer Fraud in the E.O. 13771 Designation: Fully or (USDA) Supplemental Nutrition Assistance Partially Exempt. Program (SNAP) Animal and Plant Health Inspection Legal Authority: 7 U.S.C. 1622; 7 Service (APHIS) U.S.C. 8301 to 8317; 15 U.S.C. 1828; 21 E.O. 13771 Designation: Regulatory. Legal Authority: Pub. L. 113–79; Pub. Long-Term Actions U.S.C. 136 and 136a; 31 U.S.C. 9701 Abstract: We are amending the L. 115–334 138. Importation of Fresh Citrus Fruit regulations governing the importation of Abstract: This proposed rule would From the Republic of South Africa Into cattle and bison with respect to bovine implement statutory provisions of the the Continental United States tuberculosis and brucellosis. The Food, Conservation, and Energy Act of E.O. 13771 Designation: Deregulatory. changes will make these requirements 2008 (the 2008 Farm Bill), the Legal Authority: 7 U.S.C. 450; 7 U.S.C. clearer and assure that they more Agriculture Improvement Act of 2018 7701 to 7772; 7 U.S.C. 7781 to 7786; 21 effectively mitigate the risk of (the 2018 Farm Bill), and other language U.S.C. 136 and 136a introduction of these diseases into the intended to deter retailer fraud, abuse, Abstract: This rulemaking will amend United States. and non-compliance in the the fruits and vegetables regulations to Completed: Supplemental Nutrition Assistance allow the importation of several Program (SNAP). varieties of fresh citrus fruit, as well as Reason Date FR Cite Timetable: citrus hybrids, into the continental Action Date FR Cite United States from areas in the Republic Final Rule ...... 09/17/20 85 FR 57944 Final Rule Effec- 10/19/20 of South Africa where citrus black spot tive. NPRM ...... 12/00/20 has been known to occur. As a I I condition of entry, the fruit will have to Regulatory Flexibility Analysis Regulatory Flexibility Analysis be produced in accordance with a Required: Yes. Required: Yes. systems approach that includes Agency Contact: Kelly Rhodes, Phone: Agency Contact: Charles H. Watford, shipment traceability, packinghouse 301 851–3300. Regulatory Review Specialist, registration and procedures, and RIN: 0579–AD65 Department of Agriculture, Food and phytosanitary treatment. The fruit will Nutrition Service, 1320 Braddock Place, also be required to be imported in 140. Importation, Interstate Movement, Alexandria, VA 22314, Phone: 703 605– commercial consignments and and Release Into the Environment of 0800, Email: [email protected]. accompanied by a phytosanitary Certain Genetically Engineered Maureen Lydon, Department of certificate issued by the national plant Organisms Agriculture, Food and Nutrition Service, protection organization of the Republic E.O. 13771 Designation: Deregulatory. 1320 Braddock Place, Alexandria, VA of South Africa with an additional Legal Authority: 7 U.S.C. 7701 to 22314, Phone: 703 457–7713, Email: declaration confirming that the fruit has 7772; 7 U.S.C. 7781 to 7786 [email protected]. VerDate Sep<11>2014 19:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP3.SGM 31MRP3 jbell on DSKJLSW7X2PROD with PROPOSALS3 16860 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda RIN: 0584–AE71 meeting the enhanced SNAP eligibility Legal Authority: 43 U.S.C. 1761 to requirements. 1771 Timetable: Abstract: Consistent with the DEPARTMENT OF AGRICULTURE Action Date FR Cite requirement in title V, section 504(g) of (USDA) the Federal Land Policy and NPRM ...... 04/05/19 84 FR 13555 Management Act, the proposed rule Food and Nutrition Service (FNS) NPRM Comment 06/04/19 would update the Forest Service’s rental Long-Term Actions Period End. fee schedule for communications uses NPRM Comment 06/14/19 84 FR 27743 based on market value. Updated rental 142. Providing Regulatory Flexibility Period Re- for Retailers in the Supplemental opened. fees that exceed 100 percent of current Nutrition Assistance Program (SNAP) NPRM Comment 06/20/19 rental fees would be phased in over a 3- Period Reopen year period. E.O. 13771 Designation: Deregulatory. End. Timetable: Legal Authority: Pub. L. 113–79; 7 Final Action ...... To Be Determined U.S.C. 2011 to 2036 Action Date FR Cite Abstract: The Agricultural Act of 2014 Regulatory Flexibility Analysis NPRM ...... To Be Determined amended the Food and Nutrition Act of Required: Yes. 2008 to increase the requirement that Agency Contact: Charles H. Watford, certain Supplemental Nutrition Phone: 703 605–0800, Email: Regulatory Flexibility Analysis Assistance Program (SNAP) authorized [email protected]. Required: Yes. retail food stores have available on a RIN: 0584–AE61 Agency Contact: Edwina Howard– continuous basis at least three varieties BILLING CODE 3410–30–P Agu, Phone: 202 205–1419, Email: of items in each of four staple food [email protected]. categories, to a mandatory minimum of RIN: 0596–AD43 seven varieties. The Food and Nutrition DEPARTMENT OF AGRICULTURE Service (FNS) codified these mandatory (USDA) BILLING CODE 3410–11–P requirements. Subsequent annual [FR Doc. 2021–04329 Filed 3–30–21; 8:45 am] Forest Service (FS) Agency appropriations bill language BILLING CODE 3410–90–P prohibited implementation of certain Long-Term Actions final rule provisions. In response, this change will provide some retailers 143. Special Uses—Communications participating in SNAP as authorized Uses Rent food stores with more flexibility in E.O. 13771 Designation: Regulatory. VerDate Sep<11>2014 19:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP3.SGM 31MRP3 jbell on DSKJLSW7X2PROD with PROPOSALS3 FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part IV Department of Commerce Semiannual Regulatory Agenda VerDate Sep<11>2014 19:57 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP4.SGM 31MRP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 16862 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda DEPARTMENT OF COMMERCE et seq. Executive Order 12866 requires A large number of regulatory actions agencies to publish an agenda of those reported in the Agenda deal with fishery Office of the Secretary regulations that are under consideration management programs of NOAA’s pursuant to this order. By memorandum National Marine Fisheries Service 13 CFR Ch. III of August 11, 2020, the Office of (NMFS). To avoid repetition of Management and Budget issued programs and definitions, as well as to 15 CFR Subtitle A; Subtitle B, Chs. I, guidelines and procedures for the provide some understanding of the II, III, VII, VIII, IX, and XI preparation and publication of the fall technical and institutional elements of 2020 Unified Agenda. The Regulatory NMFS’ programs, an ‘‘Explanation of 19 CFR Ch. III Flexibility Act requires agencies to Information Contained in NMFS publish, in the spring and fall of each Regulatory Entries’’ is provided below. 37 CFR Chs. I, IV, and V year, a regulatory flexibility agenda that Explanation of Information Contained contains a brief description of the in NMFS Regulatory Entries 48 CFR Ch. 13 subject of any rule likely to have a significant economic impact on a The Magnuson-Stevens Fishery 50 CFR Chs. II, III, IV, and VI substantial number of small entities. Conservation and Management Act (16 Beginning with the fall 2007 edition, U.S.C. 1801 et seq.) (the Act) governs Fall 2020 Semiannual Agenda of the internet became the basic means for the management of fisheries within the Regulations disseminating the Unified Agenda. The Exclusive Economic Zone of the United States (EEZ). The EEZ refers to those AGENCY: Office of the Secretary, complete Unified Agenda is available online at www.reginfo.gov, in a format waters from the outer edge of the State Commerce. boundaries, generally 3 nautical miles, ACTION: Semiannual regulatory agenda. that offers users a greatly enhanced ability to obtain information from the to a distance of 200 nautical miles. For fisheries that require conservation and SUMMARY: In compliance with Executive Agenda database. management measures, eight Regional Order 12866, entitled ‘‘Regulatory In this edition of Commerce’s Fishery Management Councils Planning and Review,’’ and the regulatory agenda, a list of the most (Councils) prepare and submit to NMFS Regulatory Flexibility Act, as amended, important significant regulatory and Fishery Management Plans (FMPs) for the Department of Commerce deregulatory actions and a Statement of the fisheries within their respective (Commerce), in the spring and fall of Regulatory Priorities are included in the areas in the EEZ. Membership of these each year, publishes in the Federal Regulatory Plan, which appears in both Councils is comprised of representatives Register an agenda of regulations under the online Unified Agenda and in part of the commercial and recreational development or review over the next 12 II of the issue of the Federal Register fishing sectors in addition to months. Rulemaking actions are that includes the Unified Agenda. environmental, academic, and grouped according to pre-rulemaking, Because publication in the Federal government interests. Council members proposed rules, final rules, long-term Register is mandated for the regulatory are nominated by the governors and actions, and rulemaking actions flexibility agendas required by the ultimately appointed by the Secretary of completed since the spring 2020 agenda. Regulatory Flexibility Act, Commerce’s Commerce. The Councils are required The purpose of the Agenda is to provide printed agenda entries include only: by law to conduct public hearings on information to the public on regulations (1) Rules that are in the Agency’s the development of FMPs and FMP that are currently under review, being regulatory flexibility agenda, in amendments. Consistent with proposed, or issued by Commerce. The accordance with the Regulatory applicable law, environmental and other agenda is intended to facilitate Flexibility Act, because they are likely analyses are developed that consider comments and views by interested to have a significant economic impact alternatives to proposed actions. members of the public. on a substantial number of small Pursuant to the Magnuson-Stevens Commerce’s fall 2020 regulatory entities; and Act, the Councils also submit to NMFS agenda includes regulatory activities (2) Rules that the Agency has proposed regulations they deem that are expected to be conducted identified for periodic review under necessary or appropriate to implement during the period November 1, 2020, section 610 of the Regulatory Flexibility FMPs. The proposed regulations, FMPs, through October 31, 2021. Act. and FMP amendments are subject to FOR FURTHER INFORMATION CONTACT: Printing of these entries is limited to review and approval by NMFS, based on Specific: For additional information fields that contain information required consistency with the Magnuson-Stevens about specific regulatory actions listed by the Regulatory Flexibility Act’s Act and other applicable law. The in the agenda, contact the individual Agenda requirements. Additional Council process for developing FMPs identified as the contact person. information on these entries is available and amendments makes it difficult for General: Comments or inquiries of a in the Unified Agenda published on the NMFS to determine the significance and general nature about the agenda should internet. In addition, for fall editions of timing of some regulatory actions under be directed to Asha Mathew, Chief the Agenda, Commerce’s entire consideration by the Councils at the Counsel for Regulation, Office of the Regulatory Plan will continue to be time the semiannual regulatory agenda Assistant General Counsel for printed in the Federal Register. is published. Legislation and Regulation, U.S. Within Commerce, the Office of the Commerce’s fall 2020 regulatory Department of Commerce, Washington, Secretary and various operating units agenda follows. DC 20230, telephone: 202–482–3151. may issue regulations. Among these This document of the Department of SUPPLEMENTARY INFORMATION: Commerce operating units, the National Oceanic Commerce was signed on January 14, by hereby publishes its fall 2020 Unified and Atmospheric Administration Michael Walsh, Chief of Staff, Agenda of Federal Regulatory and (NOAA), the Bureau of Industry and Performing the Delegated Duties of Deregulatory Actions pursuant to Security, and the Patent and Trademark General Counsel. That document with Executive Order 12866 and the Office issue the greatest share of the original signature and date is Regulatory Flexibility Act, 5 U.S.C. 601 Commerce’s regulations. maintained by the Department of VerDate Sep<11>2014 19:57 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP4.SGM 31MRP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16863 Commerce. For administrative purposes format for publication, as an official Signed in Washington, DC, on January 14, only, and in compliance with document of the Department of 2021. requirements of the Office of the Federal Commerce. This administrative process Asha Mathew, Register, the undersigned Department of in no way alters the legal effect of this Federal Register Liaison Officer, U.S. Commerce Federal Register Liaison document upon publication in the Department of Commerce. Officer has been authorized to sign and Federal Register. submit the document in electronic GENERAL ADMINISTRATION—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 144 ...... Concrete Masonry Products Research, Education, and Promotion ...... 0605–AA53 INTERNATIONAL TRADE ADMINISTRATION—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 145 ...... Modifications to Regulations to Improve Administration and Enforcement of Antidumping and Counter- 0625–AB10 vailing Duty Laws. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 146 ...... Comprehensive Fishery Management Plan for Puerto Rico, Comprehensive Fishery Management Plan for 0648–BD32 St. Croix, Comprehensive Fishery Management Plan for St. Thomas/St. John. 147 ...... International Fisheries; South Pacific Tuna Fisheries; Implementation of Amendments to the South Pacific 0648–BG04 Tuna Treaty. 148 ...... Illegal, Unregulated, and Unreported Fishing; Fisheries Enforcement; High Seas Driftnet Fishing Morato- 0648–BG11 rium Protection Act (Reg Plan Seq No. 6). 149 ...... Regulatory Amendment to the Pacific Coast Groundfish Fishery Management Plan to Implement an Elec- 0648–BH70 tronic Monitoring Program for Bottom Trawl and Non-Whiting Midwater Trawl Vessels. 150 ...... Atlantic Highly Migratory Species; Research and Data Collection in Support of Spatial Fisheries Manage- 0648–BI10 ment. 151 ...... Establish National Insurance Requirements for Observer Providers ...... 0648–BJ33 152 ...... Salmon Bycatch Minimization in the Pacific Coast Groundfish Fishery ...... 0648–BJ50 153 ...... 2021–22 Harvest Specifications and Management Measures for Pacific Coast Groundfish and Fishery 0648–BJ74 Management Plan. 154 ...... International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions for Tropical Tuna in the Eastern Pa- 0648–BK08 cific Ocean for 2021. 155 ...... Framework Adjustment 8 to the Atlantic Herring Fishery Management Plan ...... 0648–BK11 156 ...... Designation of Critical Habitat for the Arctic Ringed Seal ...... 0648–BC56 157 ...... Amendment and Updates to the Pelagic Longline Take Reduction Plan ...... 0648–BF90 158 ...... Designation of Critical Habitat for the Threatened Caribbean Corals ...... 0648–BG26 159 ...... Atlantic Large Whale Take Reduction Plan Modifications to Reduce Serious Injury and Mortality of Large 0648–BJ09 Whales in Commercial Trap/Pot Fisheries Along the U.S. East Coast (Reg Plan Seq No. 7). 160 ...... Designation of Critical Habitat for Threatened Indo-Pacific Reef-Building Corals ...... 0648–BJ52 161 ...... Establishment of Time-Area Closures for Hawaiian Spinner Dolphins Under the Marine Mammal Protec- 0648–BK04 tion Act. References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 162 ...... International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Requirements 0648–BG66 to Safeguard Fishery Observers. 163 ...... Area of Overlap Between the Convention Areas of the Inter-American Tropical Tuna Commission and the 0648–BH59 Western and Central Pacific Fisheries Commission. 164 ...... Omnibus Deep-Sea Coral Amendment ...... 0648–BH67 165 ...... Generic Amendment to the Fishery Management Plans for the Reef Fish Resources of the Gulf of Mexico 0648–BH72 and Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region. 166 ...... Magnuson-Stevens Fisheries Conservation and Management Act; Traceability Information Program for 0648–BH87 Seafood. 167 ...... Atlantic Highly Migratory Species; Regulatory Amendment for the Management of Atlantic Swordfish ...... 0648–BI09 168 ...... Amendment 8 to the Atlantic Herring Fishery Management Plan ...... 0648–BI80 169 ...... Amendment 21 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan ...... 0648–BJ18 VerDate Sep<11>2014 19:57 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP4.SGM 31MRP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 16864 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—FINAL RULE STAGE—Continued Regulation Sequence No. Title Identifier No. 170 ...... Modification of Multi-Day Trip Possession Limits for Federally-Permitted Charter/Headboat Vessels in the 0648–BJ60 Fishery Management Plans (FMP) in the Gulf of Mexico. 171 ...... Reducing Disturbances to Hawaiian Spinner Dolphins From Human Interactions ...... 0648–AU02 172 ...... Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Geophysical Surveys Re- 0648–BB38 lated to Oil and Gas Activities in the Gulf of Mexico (Reg Plan Seq No. 9). 173 ...... Revision to Critical Habitat Designation for Endangered Southern Resident Killer Whales ...... 0648–BH95 174 ...... Designation of Critical Habitat for the Mexico, Central American, and Western Pacific Distinct Population 0648–BI06 Segments of Humpback Whales Under the Endangered Species Act. 175 ...... Wisconsin-Lake Michigan National Marine Sanctuary Designation ...... 0648–BG01 References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 176 ...... Implementation of a Program for Transshipments by Large Scale Fishing Vessels in the Eastern Pacific 0648–BD59 Ocean. 177 ...... International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Treatment of 0648–BF41 U.S. Purse Seine Fishing With Respect to U.S. Territories. 178 ...... Bering Sea and Aleutian Islands Pacific Cod Pot Catcher/Processor License Limitation Program Adjust- 0648–BJ42 ment. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—COMPLETED ACTIONS Regulation Sequence No. Title Identifier No. 179 ...... Licensing of Private Land Remote-Sensing Space Systems ...... 0648–BA15 180 ...... Commerce Trusted Trader Program ...... 0648–BG51 181 ...... Rule to Implement the For-Hire Reporting Amendments ...... 0648–BG75 182 ...... New England Industry-Funded Monitoring Amendment ...... 0648–BG91 183 ...... Vessel Movement, Monitoring, and Declaration Management Enhancement for the Pacific Coast Ground- 0648–BI45 fish Fishery; Pacific Coast Groundfish Fishery Management Plan. 184 ...... Framework Adjustment 59 to the Northeast Multispecies Fishery Management Plan ...... 0648–BJ12 185 ...... Vessel Monitoring Systems; Amendment to Type-Approval Requirements ...... 0648–BJ15 186 ...... Amendment 21 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan ...... 0648–BJ16 187 ...... Regulatory Amendment to Adjust the North Pacific Observer Program Partial Coverage Fee ...... 0648–BJ40 188 ...... Amendment 121 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands 0648–BJ49 Management Area and Amendment 110 to the Fishery Management Plan for Groundfish of the Gulf of Alaska. 189 ...... Atlantic Bluefish 2020–2021 Specifications and Recreational Management Measures ...... 0648–BJ61 PATENT AND TRADEMARK OFFICE—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 190 ...... Trademark Fee Adjustment (Reg Plan Seq No. 10) ...... 0651–AD42 References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. PATENT AND TRADEMARK OFFICE—COMPLETED ACTIONS Regulation Sequence No. Title Identifier No. 191 ...... Setting and Adjusting Patent Fees During Fiscal Year 2020 ...... 0651–AD31 VerDate Sep<11>2014 19:57 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP4.SGM 31MRP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16865 DEPARTMENT OF COMMERCE (DOC) antidumping duty (AD) and DEPARTMENT OF COMMERCE (DOC) countervailing duty (CVD) laws. General Administration (ADMIN) National Oceanic and Atmospheric Specifically, Commerce proposes to Administration (NOAA) Final Rule Stage modify its regulation concerning the Proposed Rule Stage 144. Concrete Masonry Products time for submission of comments Research, Education, and Promotion pertaining to industry support in AD National Marine Fisheries Service and CVD proceedings; to modify its E.O. 13771 Designation: Fully or regulation regarding new shipper 146. Comprehensive Fishery Partially Exempt. reviews; to modify its regulation Management Plan for Puerto Rico, Legal Authority: 15 U.S.C. 8701 et seq. Comprehensive Fishery Management concerning scope matters in AD and Abstract: The Concrete Masonry Plan for ST. Croix, Comprehensive CVD proceedings; to promulgate a new Products Research, Education, and Fishery Management Plan for St. regulation concerning circumvention of Promotion Act of 2018 (Act) (15 U.S.C. Thomas/St. John 8701 et seq.) authorizes the AD and CVD orders; to promulgate a E.O. 13771 Designation: Not subject establishment of an orderly program for new regulation concerning covered to, not significant. a program of research, education, and merchandise referrals received from U.S. Customs and Border Protection Legal Authority: 16 U.S.C. 1801 et seq. promotion, including funds for Abstract: In response to a (CBP); to promulgate a new regulation marketing and market research recommendation of the Caribbean activities, that is designed to promote pertaining to Commerce requests for Fishery Management Council, this the use of concrete masonry products in certifications from interested parties to action would establish three new FMPs construction and building (a checkoff establish whether merchandise is (Puerto Rico FMP, St. Thomas/St. John program). The Act allows industry to subject to an AD or CVD order; and to FMP and St. Croix FMP) and repeal and submit a proposed order establishing modify its regulation regarding importer replace the existing U.S. Caribbean-wide such a program. If the Secretary reimbursement certifications filed with FMPs (the FMP for the Reef Fish Fishery determines that such a proposed order CBP. Finally, Commerce proposes to of Puerto Rico and the U.S. Virgin is consistent with and will effectuate the modify its regulations regarding letters Islands (USVI), the FMP for the Spiny purpose of the Act, the Secretary is of appearance in AD and CVD Lobster Fishery of Puerto Rico and the directed to publish the proposed order proceedings and importer filing USVI, the FMP for Queen Conch in the Federal Register not later than 90 requirements for access to business Resources of Puerto Rico and the USVI, days after receiving the order. proprietary information. and the FMP for the Corals and Reef Timetable: Timetable: Associated Plants and Invertebrates of Puerto Rico and the USVI). For each of Action Date FR Cite Action Date FR Cite the Puerto Rico, St. Thomas/St. John, NPRM ...... 08/24/20 85 FR 52059 and St. Croix FMPs, the action would NPRM Comment 10/08/20 NPRM ...... 08/13/20 85 FR 49472 also modify the composition of the Period End. Extension of 09/10/20 85 FR 55801 stocks to be managed; organize those Final Action ...... 03/00/21 Comment Pe- stocks for effective management; riod. establish status determination criteria, Regulatory Flexibility Analysis NPRM Comment 09/14/20 management reference points, and Required: Yes. Period End. accountability measures for managed Agency Contact: Asha Mathew, Extension of 09/28/20 stocks; identify essential fish habitat for Department of Commerce, 1401 Comment Pe- stocks new to management; and riod End. Constitution Avenue NW, Washington, establish framework measures. Final Action ...... 11/00/20 DC 20230, Phone: 202 306–0487, Email: Timetable: [email protected]. RIN: 0605–AA53 Regulatory Flexibility Analysis Action Date FR Cite Required: Yes. Notice of Avail- 06/26/20 85 FR 38350 Agency Contact: Jessica Link, ability. DEPARTMENT OF COMMERCE (DOC) Department of Commerce, International NPRM ...... 11/00/20 Trade Administration, 1401 I International Trade Administration Constitution Avenue NW, Washington, Regulatory Flexibility Analysis (ITA) DC 20230, Phone: 202 482–1411, Email: Required: Yes. Final Rule Stage [email protected]. Agency Contact: Roy E. Crabtree, Regional Administrator, Southeast 145. Modifications to Regulations To RIN: 0625–AB10 Region, Department of Commerce, Improve Administration and National Oceanic and Atmospheric Enforcement of Antidumping and Administration, 263 13th Avenue Countervailing Duty Laws South, St. Petersburg, FL 33701, Phone: E.O. 13771 Designation: Other. 727 824–5305, Fax: 727 824–5308, Legal Authority: 19 U.S.C. 1671 et Email: [email protected]. seq.; Pub. L. 114–125, sec. 421 RIN: 0648–BD32 Abstract: Pursuant to its authority under Title VII of the Tariff Act of 1930, 147. International Fisheries; South as amended (the Act), the Department of Pacific Tuna Fisheries; Implementation Commerce (Commerce) issued a of Amendments to the South Pacific proposed rule to modify its regulations Tuna Treaty under part 351 of title 19 to improve E.O. 13771 Designation: Not subject administration and enforcement of the to, not significant. VerDate Sep<11>2014 19:57 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP4.SGM 31MRP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 16866 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Legal Authority: 16 U.S.C. 973 et seq. requirements for 100-percent observer Timetable: Abstract: Under authority of the coverage. By allowing vessels the option South Pacific Tuna Act of 1988, this to use electronic monitoring to meet Action Date FR Cite rule would implement recent monitoring requirements, this action is amendments to the Treaty on Fisheries intended to increase operational NPRM ...... 09/00/21 between the Governments of Certain flexibility and reduce monitoring costs Regulatory Flexibility Analysis Pacific Island States and the for the fleet. Required: Yes. Government of the United States of Timetable: Agency Contact: Kelly Denit, Director, America (also known as the South Office of Sustainable Fisheries, Pacific Tuna Treaty). The rule would Action Date FR Cite Department of Commerce, National include modification to the procedures Oceanic and Atmospheric used to request licenses for U.S. vessels NPRM ...... 11/00/20 Administration, 1315 East-West in the western and central Pacific Ocean Regulatory Flexibility Analysis Highway, Room 13362, Silver Spring, purse seine fishery, including changing Required: Yes. MD 20910, Phone: 301 427–8500, Email: the annual licensing period from June- Agency Contact: Barry Thom, [email protected]. to-June to the calendar year, and Regional Administrator, West Coast RIN: 0648–BI10 modifications to existing reporting Region, Department of Commerce, requirements for purse seine vessels 151. Establish National Insurance National Oceanic and Atmospheric fishing in the western and central Requirements for Observer Providers Administration, 1201 NE Lloyd Pacific Ocean. The rule would Boulevard, Suite 1100, Portland, OR E.O. 13771 Designation: Other. implement only those aspects of the 97232, Phone: 503 231–6266, Email: Legal Authority: 16 U.S.C. 1855(d) Treaty amendments that can be [email protected]. Abstract: NMFS is proposing to implemented under the existing South RIN: 0648–BH70 establish uniform, nationally applicable Pacific Tuna Act. minimum insurance requirements for Timetable: 150. Atlantic Highly Migratory Species; companies that provide observer or at- Research and Data Collection in sea monitor services for federally Action Date FR Cite Support of Spatial Fisheries managed fisheries subject to monitoring Management requirements. This action would NPRM ...... 02/00/21 E.O. 13771 Designation: Deregulatory. supersede outdated or inappropriate Regulatory Flexibility Analysis Legal Authority: 16 U.S.C. 1801 et seq. regulatory insurance requirements Required: Yes. Abstract: This rulemaking would thereby easing the regulatory and cost Agency Contact: Michael Tosatto, address conducting research in areas burden for observer/at-sea monitor Regional Administrator, Pacific Islands currently closed to fishing for Atlantic providers. Additionally, this action Region, Department of Commerce, highly migratory species (HMS)—during would mitigate potential liability risks National Oceanic and Atmospheric various times or by certain gear— to associated with observer and at-sea Administration, 1845 Wasp Boulevard, collect fishery-dependent data. A monitor deployments for vessel owners Building 176, Honolulu, HI 96818, number of time/area closures or gear- and shore side processors that are Phone: 808 725–5000, Email: restricted areas have been implemented subject to monitoring requirements. Timetable: [email protected]. over the years through various RIN: 0648–BG04 rulemakings, limiting fishing for Atlantic highly migratory species in Action Date FR Cite 148. Illegal, Unregulated, and those areas for a variety of reasons NPRM ...... 11/00/20 Unreported Fishing; Fisheries including reducing bycatch. These time/ Enforcement; High Seas Driftnet Fishing area closures have been implemented in Moratorium Protection Act Regulatory Flexibility Analysis consultation with the HMS Advisory Required: Yes. Regulatory Plan: This entry is Seq. Panel to protect species consistent with Agency Contact: Evan Howell, No. 6 in part II of this issue of the the Magnuson-Stevens Fisheries Director, Office of Science and Federal Register. Conservation and Management Act (e.g., Technology, National Marine Fisheries RIN: 0648–BG11 to reduce bycatch in the pelagic longline Service, Department of Commerce, fishery off the east coast of Florida), the 149. Regulatory Amendment to the National Oceanic and Atmospheric Endangered Species Act (e.g., to protect Administration, 1315 East-West Pacific Coast Groundfish Fishery sea turtles in the North Atlantic), and Management Plan to Implement an Highway, Silver Spring, MD 20910, the Atlantic Tunas Convention Act (e.g., Phone: 301 427–8100, Email: Electronic Monitoring Program for to protect spawning bluefin tuna in the Bottom Trawl and Non–Whiting [email protected]. Gulf of Mexico). Fishery-dependent data RIN: 0648–BJ33 Midwater Trawl Vessels supports effective fisheries E.O. 13771 Designation: Deregulatory. management, and areas that restrict 152. Salmon Bycatch Minimization in Legal Authority: 16 U.S.C. 1801 et seq. fishing effort often have a the Pacific Coast Groundfish Fishery Abstract: The proposed action would commensurate decrease in fishery- E.O. 13771 Designation: Not subject implement a regulatory amendment to dependent data collection. Programs to to, not significant. the Pacific Fishery Management facilitate research and data collection, Legal Authority: 16 U.S.C. 1801 et seq. Council’s Pacific Coast Groundfish such as those that would be covered by Abstract: The proposed action would Fishery Management Plan to allow this rulemaking, could assess the implement salmon bycatch bottom trawl and midwater trawl efficacy of closed areas, improve minimization measures in the Pacific vessels targeting non-whiting species sustainable management of highly Coast groundfish fishery to comply with the option to use electronic monitoring migratory species, and may provide the terms and conditions of a December (video cameras and associated sensors) benefits to commercial and recreational 2017 biological opinion on Endangered in place of observers to meet fishermen. Species Act-listed salmon interactions VerDate Sep<11>2014 19:57 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP4.SGM 31MRP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16867 in the groundfish fishery. The proposed limits, acceptable biological catches, is also expected to continue to limit action would establish additional and annual catch limits; and catch of bigeye tuna by longline vessels management tools (e.g. area-based management measures to achieve those greater than 24 meters in overall length closures and gear restrictions) the specifications. The specifications and to 750 metric tons per year. Council and NMFS could use as needed management measures that would be Timetable: to keep fishery sectors within Chinook forwarded by this action would be in and coho salmon bycatch guidelines as effect from January 1, 2021, through Action Date FR Cite established in a prior rulemaking. The December 31, 2022. proposed action would establish the Timetable: NPRM ...... 12/00/20 rules or circumstances under which the fishery sectors would be allowed to Action Date FR Cite Regulatory Flexibility Analysis access an established salmon bycatch Required: Yes. Reserve. Under the proposed action, Notice of Avail- 09/02/20 85 FR 54529 Agency Contact: Barry Thom, ability. Regional Administrator, West Coast NMFS is required to take an action NPRM ...... 11/00/20 before fishery participants can access I I Region, Department of Commerce, National Oceanic and Atmospheric the Reserve; such action may include Regulatory Flexibility Analysis Administration, 1201 NE Lloyd implementation of a measure such as an Required: Yes. area-based closure or gear restriction, or Agency Contact: Barry Thom, Boulevard, Suite 1100, Portland, OR approval of a plan outlining how a Regional Administrator, West Coast 97232, Phone: 503 231–6266, Email: whiting cooperative will minimize its Region, Department of Commerce, [email protected]. salmon bycatch. Finally, the proposed National Oceanic and Atmospheric RIN: 0648–BK08 action would change the bycatch levels Administration, 1201 NE Lloyd 155. • Framework Adjustment 8 to the at which the trawl fishery would be Boulevard, Suite 1100, Portland, OR Atlantic Herring Fishery Management closed in order to preserve 500 Chinook 97232, Phone: 503 231–6266, Email: Plan salmon as bycatch so that the [email protected]. recreational and fixed gear fisheries RIN: 0648–BJ74 E.O. 13771 Designation: Not subject could continue operating in years of to, not significant. • high trawl fishery bycatch. 154. International Fisheries; Pacific Legal Authority: 16 U.S.C. 1801 et seq. Timetable: Tuna Fisheries; Fishing Restrictions for Abstract: In response to action by the Tropical Tuna in the Eastern Pacific New England Fishery Management Action Date FR Cite Ocean for 2021 Council based on the most recent stock NPRM ...... 10/20/20 85 FR 66519 E.O. 13771 Designation: Not subject assessment, this rulemaking action NPRM Comment 11/19/20 to, not significant. would set 2021–2023 fishing year Period End. Legal Authority: 16 U.S.C. 951 et seq. specifications and adjust current herring Final Action ...... 01/00/21 Abstract: In the fall 2020, the Inter- measures. Changes in herring I I American Tropical Tuna Commission specifications may impact the Atlantic Regulatory Flexibility Analysis (IATTC) is expected to adopt a binding mackerel fishery because the fisheries Required: Yes. resolution regarding conservation often operate concurrently. Accordingly, Agency Contact: Barry Thom, measures for tropical tuna in the Eastern this action would adjust current Regional Administrator, West Coast Pacific Ocean (EPO) during 2021. As measures by providing more flexibility Region, Department of Commerce, required under the Tuna Conventions to participants in the Atlantic herring National Oceanic and Atmospheric Act, 16 U.S.C. 951 et seq., this fishery in order to facilitate increased Administration, 1201 NE Lloyd rulemaking action would implement participation in the Atlantic mackerel Boulevard, Suite 1100, Portland, OR that resolution domestically. Provisions fishery. The objectives of this action are 97232, Phone: 503 231–6266, Email: to be implemented include those to meet the overall goal of the Atlantic [email protected]. expected for tropical tuna (bigeye, Herring Fishery Management Plan of RIN: 0648–BJ50 yellowfin, and skipjack) for 2021, and managing the Atlantic herring fishery at • potentially beyond if the IATTC long-term sustainable levels consistent 153. 2021–22 Harvest Specifications resolution applies beyond 2021. with the National Standards of the and Management Measures for Pacific Additionally, should the IATTC Magnuson-Stevens Fishery Coast Groundfish and Fishery resolution do so, as is expected, this Conservation and Management Act. Management Plan rulemaking action would continue to Timetable: E.O. 13771 Designation: Not subject apply provisions of currently applicable to, not significant. regulations for purse seine vessels of Action Date FR Cite Legal Authority: 16 U.S.C. 1801 et seq. class sizes 4–6 (carrying capacity greater Abstract: Every other year, the Pacific than 182 metric tons (mt)) fishing for NPRM ...... 11/00/20 Fishery Management Council (Council) tropical tuna in the EPO. This includes makes recommendations to set biennial a 72-day closure, a time/area closure in Regulatory Flexibility Analysis allowable harvest levels for Pacific the EPO for 31 days, and a requirement Required: Yes. Coast groundfish, and recommends that all tropical tuna be retained on Agency Contact: Michael Pentony, management measures for commercial, board and landed, except fish Regional Administrator, Greater Atlantic recreational, and tribal fisheries that are considered unfit for human Region, Department of Commerce, designed to achieve those harvest levels consumption for reasons other than size. National Oceanic and Atmospheric consistent with the Pacific Coast The rule is expected to continue to Administration, 55 Great Republic Groundfish Fishery Management Plan. allow a single exception on the final set Drive, Gloucester, MA 01930, Phone: For the 2021–22 biennium, the Council of a trip, when there may be insufficient 978 281–9283, Fax: 978 281–9207, has recommended: harvest well space remaining to accommodate Email: [email protected]. specifications, including overfishing all the tuna caught in that set. The rule RIN: 0648–BK11 VerDate Sep<11>2014 19:57 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP4.SGM 31MRP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 16868 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 156. Designation of Critical Habitat for procedures for safe handling and release Beach, FL, and will propose to exclude the Arctic Ringed Seal of marine mammals. The need for the it from the designations. Timetable: E.O. 13771 Designation: Regulatory. proposed action is to ensure the Pelagic Longline Take Reduction Plan meets its Legal Authority: 16 U.S.C. 1531 et seq. Action Date FR Cite Abstract: The National Marine Marine Mammal Protection Act mandated short- and long-term goals. Fisheries Service published a final rule NPRM ...... 11/27/20 85 FR 76302 to list the Arctic ringed seal as a Timetable: NPRM Comment 01/26/21 threatened species under the Period End. Endangered Species Act (ESA) in Action Date FR Cite Final Rule ...... I 04/00/21 December 2012. The ESA requires NPRM ...... 11/00/20 designation of critical habitat at the time Regulatory Flexibility Analysis a species is listed as threatened or Required: Yes. Regulatory Flexibility Analysis Agency Contact: Donna Wieting, endangered, or within one year of listing Required: Yes. if critical habitat is not then Director, Office of Protected Resources, Agency Contact: Donna Wieting, determinable. This rulemaking would Department of Commerce, National Director, Office of Protected Resources, designate critical habitat for the Arctic Oceanic and Atmospheric Department of Commerce, National ringed seal. The critical habitat Administration, National Marine Oceanic and Atmospheric Fisheries Service, 1315 East-West designation would be in the northern Administration, National Marine Highway, Silver Spring, MD 20910, Bering, Chukchi, and Beaufort seas Fisheries Service, 1315 East-West Phone: 301 427–8400. within the current range of the species. Highway, Silver Spring, MD 20910, RIN: 0648–BG26 Timetable: Phone: 301 427–8400. 159. Atlantic Large Whale Take Action Date FR Cite RIN: 0648–BF90 Reduction Plan Modifications To 158. Designation of Critical Habitat for Reduce Serious Injury and Mortality of NPRM ...... 12/03/14 79 FR 71714 the Threatened Caribbean Corals Large Whales in Commercial Trap/Pot Proposed Rule .... 12/09/14 79 FR 73010 Fisheries Along the U.S. East Coast Notice of Public 01/13/15 80 FR 1618 E.O. 13771 Designation: Regulatory. Hearings. Regulatory Plan: This entry is Seq. Legal Authority: 16 U.S.C. 1531 et seq. Comment Period 02/02/15 80 FR 5498 No. 7 in part II of this issue of the Extended. Abstract: NMFS listed 5 Caribbean Federal Register. Proposed Rule 2 11/00/20 corals as threatened under the RIN: 0648–BJ09 Endangered Species Act on October 10, Regulatory Flexibility Analysis 2014. Critical habitat shall be designated 160. Designation of Critical Habitat for Required: Yes. to the maximum extent prudent and Threatened Indo-Pacific Reef-Building Agency Contact: Donna Wieting, determinable at the time a species is Corals Director, Office of Protected Resources, proposed for listing (50 CFR 424.12). We E.O. 13771 Designation: Regulatory. Department of Commerce, National concluded that critical habitat was not Legal Authority: 16 U.S.C. 1531 et seq. Oceanic and Atmospheric determinable for the 5 corals at the time Abstract: On September 10, 2014, Administration, National Marine of listing. However, we anticipated that NMFS listed 20 species of reef-building Fisheries Service, 1315 East-West critical habitat would be determinable corals as threatened under the Highway, Silver Spring, MD 20910, in the future given on-going research. Endangered Species Act, 15 in the Indo- Phone: 301 427–8400. We, therefore, announced in the final Pacific and five in the Caribbean. Of the RIN: 0648–BC56 listing rules that we would propose 15 Indo-Pacific species, seven occur in critical habitat in separate rulemakings. U.S. waters of the Pacific Islands 157. Amendment and Updates to the This rule proposes to designate critical Region, including in American Samoa, Pelagic Longline Take Reduction Plan habitat for the 5 Caribbean coral species Guam, the Commonwealth of the E.O. 13771 Designation: Not subject listed in 2014. A separate proposed Mariana Islands, and the Pacific Remote to, not significant. critical habitat rule is being prepared for Island Areas. This proposed rule would Legal Authority: 16 U.S.C. 1361 et seq. the 15 Indo-Pacific corals listed as designate critical habitat for the seven Abstract: Serious injury and mortality threatened in 2014. The proposed species in U.S. waters (Acropora of the Western North Atlantic short- designation for the Caribbean corals globiceps, Acropora jacquelineae, finned pilot whale stock incidental to may include marine waters in Florida, Acropora retusa, Acropora speciosa, the Category I Atlantic pelagic longline Puerto Rico, US Virgin Islands, Navassa Euphyllia paradivisa, Isopora fishery continues at levels exceeding Island, and Flower Garden Banks crateriformis, and Seriatopora aculeata). their Potential Biological Removal. This containing essential features that A separate proposed rule will designate proposed action will examine a number support all stages of life history of the critical habitat for the listed Caribbean of management measures to amend the corals. The proposed rule is not likely coral species. The proposed designation Pelagic Longline Take Reduction Plan to to have an annual effect on the economy may cover coral reef habitat around 13 reduce the incidental mortality and of $100 million or more or adversely island or atoll units in the Pacific serious injury of short-finned pilot affect the economy. NMFS has Islands Region, including three in whales taken in the Atlantic Pelagic contacted the Departments of the Navy, American Samoa, one in Guam, seven in Longline fishery to below Potential Air Force, and Army as well as the U.S. the Commonwealth of the Mariana Biological Removal. Potential Coast Guard requesting information Islands, and two in Pacific Remote management measures may include related to potential national security Island Areas, containing essential changes to the current limitations on impacts that may result from the critical features that support reproduction, mainline length, new requirements to habitat designation. Based on growth, and survival of the listed coral use weak hooks (hooks with reduced information provided, we concluded species. NMFS has contacted the breaking strength), and non-regulatory that there will be an impact on national Departments of the Navy, Air Force, and measures related to determining the best security in only 1 area offshore Dania Army as well as the U.S. Coast Guard VerDate Sep<11>2014 19:57 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP4.SGM 31MRP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16869 requesting information related to DEPARTMENT OF COMMERCE (DOC) Fish Stocks in the Western and Central potential national security impacts that Pacific Ocean and the Inter-American National Oceanic and Atmospheric may result from the critical habitat Administration (NOAA) Tropical Tuna Commission. NMFS designation. Based on information proposes to change the application of provided, we will determine whether to Final Rule Stage the two Commissions’ management propose to exclude any areas based on National Marine Fisheries Service decisions in the overlap area to national security impacts. specifically apply Inter-American Timetable: 162. International Fisheries; Western Tropical Tuna Commission management and Central Pacific Fisheries for Highly measures in the overlap area rather than Action Date FR Cite Migratory Species; Requirements To those of the Commission for the Safeguard Fishery Observers NPRM ...... 11/27/20 85 FR 76262 Conservation and Management of NPRM Comment 01/26/21 E.O. 13771 Designation: Not subject Highly Migratory Fish Stocks in the Period End. to, not significant. Western and Central Pacific Ocean that Final Rule ...... 04/00/21 Legal Authority: 16 U.S.C. 6901 et seq. currently apply there. Abstract: This rule would establish Timetable: Regulatory Flexibility Analysis requirements to enhance the safety of fishery observers on highly migratory Required: Yes. Action Date FR Cite Agency Contact: Donna Wieting, species fishing vessels. This rule would Director, Office of Protected Resources, be issued under the authority of the ANPRM ...... 06/12/18 83 FR 27305 Department of Commerce, National Western and Central Pacific Fisheries ANPRM Comment 07/12/18 Oceanic and Atmospheric Convention Implementation Act, and Period End. Administration, National Marine pursuant to decisions made by the NPRM ...... 11/07/19 84 FR 60040 Fisheries Service, 1315 East-West Commission for the Conservation and NPRM Comment 11/22/19 Highway, Silver Spring, MD 20910, Management of Highly Migratory Fish Period End. Phone: 301 427–8400. Stocks in the Western and Central Final Rule ...... 06/22/20 85 FR 37376 RIN: 0648–BJ52 Pacific Ocean. This action is necessary Final Rule Effec- 07/22/20 for the United States to satisfy its tive. • 161. Establishment of Time-Area obligations under the Convention on the Final Action; An- 11/00/20 Closures for Hawaiian Spinner Conservation and Management of nouncement of Dolphins Under the Marine Mammal Highly Migratory Fish Stocks in the Effectiveness of Protection Act Western and Central Pacific Ocean, to Collection-of-In- formation Re- E.O. 13771 Designation: Not subject which it is a Contracting Party. quirements. to, not significant. Timetable: Legal Authority: 16 U.S.C. 1382 et seq. Regulatory Flexibility Analysis Abstract: This rulemaking action Action Date FR Cite Required: Yes. under the Marine Mammal Protection NPRM ...... 10/20/20 85 FR 66513 Agency Contact: Michael Tosatto, Act (MMPA) proposes to establish NPRM Comment 11/19/20 mandatory time-area closures of Period End. Regional Administrator, Pacific Islands Hawaiian spinner dolphins’ essential Final Action ...... 01/00/21 Region, Department of Commerce, daytime habitats at five selected sites in I I National Oceanic and Atmospheric the Main Hawaiian Islands (MHI). In Regulatory Flexibility Analysis Administration, 1845 Wasp Boulevard, considering public comments in Required: Yes. Building 176, Honolulu, HI 96818, response to a separate proposed rule Agency Contact: Michael Tosatto, Phone: 808 725–5000, Email: related to spinner dolphin interactions Regional Administrator, Pacific Islands [email protected]. (81 FR 57854), NMFS intends these Region, Department of Commerce, RIN: 0648–BH59 regulatory measures to prevent take of National Oceanic and Atmospheric Hawaiian spinner dolphins from Administration, 1845 Wasp Boulevard, 164. Omnibus Deep-Sea Coral occurring in inshore marine areas at Building 176, Honolulu, HI 96818, Amendment essential daytime habitats, and where Phone: 808 725–5000, Email: high levels of disturbance from human [email protected]. E.O. 13771 Designation: Regulatory. activities are most prevalent. RIN: 0648–BG66 Legal Authority: 16 U.S.C. 1801 et seq. Timetable: 163. Area of Overlap Between the Abstract: This action would Convention Areas of the Inter- implement the New England Fishery Action Date FR Cite American Tropical Tuna Commission Management Council’s Omnibus Deep- NPRM ...... 11/00/20 and the Western and Central Pacific Sea Coral Amendment. The Amendment Fisheries Commission would implement measures that reduce Regulatory Flexibility Analysis E.O. 13771 Designation: Deregulatory. impacts of fishing gear on deep-sea Required: Yes. Legal Authority: 16 U.S.C. 6901 et corals in the Gulf of Maine and on the Agency Contact: Donna Wieting, seq.; 16 U.S.C. 951 et seq. outer continental shelf. In doing so, this Director, Office of Protected Resources, Abstract: Under authority of the action would prohibit the use of mobile Department of Commerce, National Western and Central Pacific Fisheries bottom-tending gear in two areas in the Oceanic and Atmospheric Convention Implementation Act and the Gulf of Maine (Mount Desert Rock and Administration, National Marine Tuna Conventions Act, an area of Outer Schoodic Ridge), and it would Fisheries Service, 1315 East-West overlap (overlap area) exists between prohibit the use of all gear (with an Highway, Silver Spring, MD 20910, the respective areas of competence of exception for red crab pots) along the Phone: 301 427–8400. the Commission for the Conservation outer continental shelf in waters deeper RIN: 0648–BK04 and Management of Highly Migratory than a minimum of 600 meters. VerDate Sep<11>2014 19:57 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP4.SGM 31MRP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 16870 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Timetable: Action Date FR Cite abalone from the point of production to entry into commerce. Action Date FR Cite Comment Period 01/09/19 Timetable: Extended End. Notice of Avail- 08/26/19 84 FR 44596 Final Rule ...... 07/21/20 85 FR 44005 Action Date FR Cite ability. Final Rule Effec- 01/05/21 NPRM ...... 01/03/20 85 FR 285 tive. NPRM ...... 10/11/18 83 FR 51426 NPRM Comment 02/18/20 Final Action; An- 12/00/20 NPRM Comment 11/26/18 Period End. nouncement of Period End. Final Action ...... 12/00/20 Effectiveness Final Action ...... 03/00/21 for Delayed I Regulatory Flexibility Analysis Provisions. Regulatory Flexibility Analysis Required: Yes. Required: Yes. Agency Contact: Michael Pentony, Regulatory Flexibility Analysis Agency Contact: Alexa Cole, Director, Regional Administrator, Greater Atlantic Required: Yes. Office of International Affairs and Region, Department of Commerce, Agency Contact: Roy E. Crabtree, Seafood Inspection, Department of National Oceanic and Atmospheric Regional Administrator, Southeast Commerce, National Oceanic and Administration, 55 Great Republic Region, Department of Commerce, Atmospheric Administration, 1315 East- Drive, Gloucester, MA 01930, Phone: National Oceanic and Atmospheric West Highway, Silver Spring, MD 978 281–9283, Fax: 978 281–9207, Administration, 263 13th Avenue 20910, Phone: 301 427–8286, Email: Email: [email protected]. South, St. Petersburg, FL 33701, Phone: [email protected]. RIN: 0648–BH67 727 824–5305, Fax: 727 824–5308, RIN: 0648–BH87 Email: [email protected]. 165. Generic Amendment to the Fishery RIN: 0648–BH72 167. Atlantic Highly Migratory Species; Management Plans for the Reef Fish Regulatory Amendment for the Resources of the Gulf of Mexico and 166. Magnuson-Stevens Fisheries Management of Atlantic Swordfish Coastal Migratory Pelagic Resources in Conservation and Management Act; E.O. 13771 Designation: Deregulatory. the Gulf of Mexico and Atlantic Region Traceability Information Program for Legal Authority: 16 U.S.C. 1801 et seq. Seafood E.O. 13771 Designation: Not subject Abstract: Upon recommendation of to, not significant. E.O. 13771 Designation: Other. the HMS Advisory Panel, this action Legal Authority: 16 U.S.C. 1801 et seq. Legal Authority: 16 U.S.C. 1801 et would modify existing management Abstract: This action, recommended seq.; Pub. L. 115–141 measures for North Atlantic swordfish by the Gulf of Mexico Fishery Abstract: On December 9, 2016, under the 2006 Consolidated FMP in Management Council, would modify NMFS issued a final rule that U.S. Atlantic and Caribbean waters. data reporting for owners or operators of established a risk-based traceability This rulemaking would increase default federally permitted for-hire vessels program to track seafood from harvest to retention limits for the Commercial (charter vessels and headboats) in the entry into U.S. commerce. The final rule Caribbean Small Boat (CCSB) and Gulf of Mexico, requiring them to included, for designated priority fish Swordfish General Commercial permits declare the type of trip (for-hire or species, import permitting and reporting and adding inseason adjustment criteria other) prior to departing for any trip, requirements to provide for traceability for the CCSB permits. This proposed and electronically submit trip-level of seafood products offered for entry action is intended to provide additional reports prior to off-loading fish at the into the U.S. supply chain, and to opportunities to more fully harvest the end of each fishing trip. The declaration ensure that these products were U.S. North Atlantic swordfish quota, would include the expected return time lawfully acquired and are properly which has been significantly under and landing location. Landing reports represented. Shrimp and abalone harvested for many years. would include information about catch products were included in the final rule Timetable: and effort during the trip. The action to implement the Seafood Import would also require that these reports be Monitoring Program, but compliance Action Date FR Cite submitted via approved hardware that with Seafood Import Monitoring NPRM ...... 04/27/20 85 FR 23315 includes a global positioning system Program requirements for those species NPRM Comment 06/26/20 attached to the vessel that is capable, at was stayed indefinitely due to the Period End. a minimum, of archiving global disparity between Federal reporting Final Action ...... 12/00/20 positioning system locations. This programs for domestic aquaculture of I requirement would not preclude the use shrimp and abalone products relative to Regulatory Flexibility Analysis of global positioning system devices that the requirements that would apply to Required: Yes. provide real-time location data, such as imports under Seafood Import Agency Contact: Kelly Denit, Director, the currently approved vessel Monitoring Program. In section 539 of Office of Sustainable Fisheries, monitoring systems. the Consolidated Appropriations Act, Department of Commerce, National Timetable: 2018, Congress mandated lifting the stay Oceanic and Atmospheric on inclusion of shrimp and abalone in Administration, 1315 East-West Action Date FR Cite Seafood Import Monitoring Program and Highway, Room 13362, Silver Spring, authorized the Secretary of Commerce MD 20910, Phone: 301 427–8500, Email: Notice of Avail- 06/21/18 83 FR 28797 to require comparable reporting and [email protected]. ability. recordkeeping requirements for NPRM ...... 10/26/18 83 FR 54069 RIN: 0648–BI09 Correction ...... 11/08/18 83 FR 55850 domestic aquaculture of shrimp and abalone. This rulemaking would 168. Amendment 8 to the Atlantic Comment Period 11/20/18 83 FR 58522 Herring Fishery Management Plan Extended. establish permitting, reporting and NPRM Comment 11/26/18 recordkeeping requirements for E.O. 13771 Designation: Not subject Period End. domestic producers of shrimp and to, not significant. VerDate Sep<11>2014 19:57 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP4.SGM 31MRP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16871 Legal Authority: 16 U.S.C. 1801 et seq. fishery management in the Summer the first 24 hours of that trip. The rule Abstract: In response to a Flounder, Scup, and Black Sea Bass would increase the required trip recommendation by the New England Fishery Management Plan (FMP). The duration to more than 30 hours, but Fishery Management Council, this revised quota allocation would maintain would allow anglers to retain the second action proposes measures for a long- the current state-by-state allocation daily bag limit at any time after the term acceptable biological catch (ABC) percentages when distributing the federal for-hire vessel leaves the dock. control rule to address the biological annual coastwide quota up to 9.55 All other requirements to retain the and ecological requirements of the million pounds. In years when the possession limit would be unchanged. Atlantic herring stock, including coastwide quota is above 9.55 million In addition, this rule would modify the explicitly accounting for Atlantic pounds, additional quota beyond this language in 622.21(a)(3)(iii) and herring’s role in the ecosystem, and trigger would be distributed in equal 622.22(a)(3)(iii). The change would minimizing localized depletion and user shares to all states except Maine, remove the wording ‘sequentially group conflict when effort in the Delaware, and New Hampshire (i.e., coded’ from the sentence ‘NMFS will Atlantic herring fishery overlaps states with very little directed fishing provide each Individual Fishing Quota (spatially and temporally) with effort in effort), which would split one percent of (IFQ) dealer the necessary paper forms, fisheries targeting predators of Atlantic the additional quota. The current state- sequentially coded, and instructions for herring (e.g., tuna, groundfish) or by-state quota allocations have not been submission of the forms to the RA’. ecotourism industries. Specifically, this adjusted since originally implemented Timetable: action would implement a control rule in 1993. The intent of this amendment generating an ABC intended to meet is to modify the allocations to respond Action Date FR Cite specific criteria identified by the New to changes in summer flounder England Fishery Management Council, distribution while also recognizing the NPRM ...... 07/28/20 85 FR 45363 including low variability in yield, low states’ historical reliance on summer NPRM Comment 08/27/20 Period End. probability of the stock becoming flounder. The Council and Board intend Final Action ...... 11/00/20 overfished, low probability of a fishery to review the adjusted quota allocations I shutdown, and catch limits set at a again in no more than 10 years. Regulatory Flexibility Analysis relatively high proportion of maximum Timetable: Required: Yes. sustainable yield. This action would Agency Contact: Roy E. Crabtree, Action Date FR Cite specify that ABC would be set for a 3- Regional Administrator, Southeast year period, but would allow ABC to Notice of Avail- 07/29/20 85 FR 45571 Region, Department of Commerce, vary year-to-year in response to ability. National Oceanic and Atmospheric projected changes in biomass. NPRM ...... 08/12/20 85 FR 48660 Administration, 263 13th Avenue Timetable: NPRM Comment 09/11/20 South, St. Petersburg, FL 33701, Phone: Period End. 727 824–5305, Fax: 727 824–5308, Action Date FR Cite Final Action ...... 11/00/20 Email: [email protected]. RIN: 0648–BJ60 Notice of Avail- 08/21/19 84 FR 43573 Regulatory Flexibility Analysis ability. 171. Reducing Disturbances to NPRM ...... 10/09/19 84 FR 54094 Required: Yes. NPRM Comment 11/25/19 Agency Contact: Michael Pentony, Hawaiian Spinner Dolphins From Period End. Regional Administrator, Greater Atlantic Human Interactions Final Action ...... 11/00/20 Region, Department of Commerce, E.O. 13771 Designation: Not subject National Oceanic and Atmospheric to, not significant. Regulatory Flexibility Analysis Administration, 55 Great Republic Legal Authority: 16 U.S.C. 1361 et seq. Required: Yes. Drive, Gloucester, MA 01930, Phone: Abstract: This action would Agency Contact: Michael Pentony, 978 281–9283, Fax: 978 281–9207, implement regulatory measures under Regional Administrator, Greater Atlantic Email: [email protected]. the Marine Mammal Protection Act to Region, Department of Commerce, RIN: 0648–BJ18 protect Hawaiian spinner dolphins that National Oceanic and Atmospheric 170. Modification of Multi-Day Trip are resting in protected bays from take Administration, 55 Great Republic Possession Limits for Federally- due to close approach interactions with Drive, Gloucester, MA 01930, Phone: Permitted Charter/Headboat Vessels in humans. 978 281–9283, Fax: 978 281–9207, the Fishery Management Plans (FMP) in Timetable: Email: [email protected]. the Gulf of Mexico RIN: 0648–BI80 Action Date FR Cite E.O. 13771 Designation: Deregulatory. 169. Amendment 21 to the Summer Legal Authority: 16 U.S.C. 1801 et seq. ANPRM ...... 12/12/05 70 FR 73426 Flounder, Scup, and Black Sea Bass Abstract: This rule would promote ANPRM Comment 01/11/06 Fishery Management Plan efficiency in the utilization of the reef Period End. E.O. 13771 Designation: Not subject fish and CMP resources and a potential NPRM ...... 08/24/16 81 FR 57854 to, not significant. decrease in regulatory discards by NPRM Comment 10/23/16 Legal Authority: 16 U.S.C. 1801 et seq. providing the owners and operators of Period End. Abstract: This rulemaking action federally permitted for-hire vessels NPRM Comment 11/16/16 81 FR 80629 Period Re- proposes measures recommended by the greater flexibility in determining when opened. Mid-Atlantic Fishery Management to allow passengers to retain the NPRM Comment 12/01/16 Council and Atlantic States Marine possession limit on multi-day trips. The Period Re- Fisheries Commission that would adjust rule would modify the on-board opened End. the current state-by-state commercial possession limit for federal for-hire trips Final Action ...... 11/00/20 quota allocations in the summer in the Gulf of Mexico, which currently flounder fishery and update the goals allows anglers to retain two daily bag Regulatory Flexibility Analysis and objective for summer flounder limits on a trip more than 24 hours, after Required: Yes. VerDate Sep<11>2014 19:57 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP4.SGM 31MRP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 16872 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Agency Contact: Donna Wieting, Action Date FR Cite that any action they authorize, fund or Director, Office of Protected Resources, carry out will not jeopardize the Department of Commerce, National Final Rule ...... 02/00/21 continued existence of the listed Oceanic and Atmospheric distinct population segments of Administration, National Marine Regulatory Flexibility Analysis humpback whales. Fisheries Service, 1315 East-West Required: Yes. Timetable: Highway, Silver Spring, MD 20910, Agency Contact: Donna Wieting, Phone: 301 427–8400. Director, Office of Protected Resources, Action Date FR Cite RIN: 0648–AU02 Department of Commerce, National Oceanic and Atmospheric NPRM ...... 10/09/19 84 FR 54354 172. Taking and Importing Marine Administration, National Marine NPRM Comment 12/09/19 Mammals: Taking Marine Mammals Fisheries Service, 1315 East-West Period End. Incidental to Geophysical Surveys NPRM Comment 11/27/19 84 FR 65346 Highway, Silver Spring, MD 20910, Period Ex- Related to Oil and Gas Activities in the Phone: 301 427–8400. Gulf of Mexico tended. RIN: 0648–BH95 NPRM Comment 01/31/20 Regulatory Plan: This entry is Seq. 174. Designation of Critical Habitat for Period Ex- No. 9 in part II of this issue of the tended End. the Mexico, Central American, and Final Action ...... 01/00/21 Federal Register. Western Pacific Distinct Population RIN: 0648–BB38 Segments of Humpback Whales Under Regulatory Flexibility Analysis 173. Revision to Critical Habitat the Endangered Species Act Required: Yes. Designation for Endangered Southern E.O. 13771 Designation: Regulatory. Agency Contact: Donna Wieting, Resident Killer Whales Legal Authority: 16 U.S.C. 1531 et seq. Director, Office of Protected Resources, E.O. 13771 Designation: Regulatory. Abstract: This action will propose the Department of Commerce, National Legal Authority: 16 U.S.C. 1531 et seq. designation of critical habitat for three Oceanic and Atmospheric Abstract: The proposed action would distinct population segments of Administration, National Marine revise the designation of critical habitat humpback whales (Megaptera Fisheries Service, 1315 East-West for the endangered Southern Resident novaeangliae) pursuant to section 4 of Highway, Silver Spring, MD 20910, killer whale distinct population the Endangered Species Act. The three Phone: 301 427–8400. segment, pursuant to section 4 of the distinct population segments of RIN: 0648–BI06 Endangered Species Act. Critical habitat humpback whales concerned—the NOS/ONMS for this population is currently Mexico, Central American, and Western designated within inland waters of Pacific distinct population segments— 175. Wisconsin-Lake Michigan National Washington. In response to a 2014 were listed under the Endangered Marine Sanctuary Designation petition, NMFS is proposing to expand Species Act on September 8, 2016, E.O. 13771 Designation: Regulatory. the designation to include areas thereby triggering the requirement Legal Authority: 16 U.S.C. 1431 et seq. occupied by Southern Resident killer under section 4 of the Endangered Abstract: On December 2, 2014, whales in waters along the U.S. West Species Act to designate critical habitat pursuant to section 304 of the National Coast. Impacts from the designation to the maximum extent prudent and Marine Sanctuaries Act and the would stem mainly from Federal determinable. Proposed critical habitat Sanctuary Nomination Process (79 FR agencies’ requirement to consult with for these three distinct population 33851), a coalition of community groups NMFS, under section 7 of the segments of humpback whales will submitted a nomination asking NOAA Endangered Species Act, to ensure that include marine habitats within the to designate an area of Wisconsin’s Lake any action they carry out, permit Pacific Ocean and Bering Sea and will Michigan waters as a national marine (authorize), or fund will not result in the likely overlap with several existing sanctuary. The area is a region that destruction or adverse modification of designations, including critical habitat includes 875 square miles of Lake critical habitat of a listed species. for leatherback sea turtles, North Pacific Michigan waters and bottomlands Federal agencies are already required to right whales, Steller sea lions, southern adjacent to Manitowoc, Sheboygan, and consult on effects to the currently resident killer whales, and the southern Ozaukee counties and the cities of Port designated critical habitat in inland distinct population segment of green Washington, Sheboygan, Manitowoc, waters of Washington, but consultation sturgeon. Impacts from the designations and Two Rivers. It includes 80 miles of would be newly required for actions for humpback whales would stem from shoreline and extends 9 to 14 miles affecting the expanded critical habitat the statutory requirement for Federal from the shoreline. The area contains an areas. Federal agencies are also already agencies to consult with NMFS, under extraordinary collection of submerged required to consult within the Southern section 7 of the Endangered Species Act, maritime heritage resources Resident killer whales’ range (including to ensure that any action they carry out, (shipwrecks) as demonstrated by the along the U.S. West Coast) to ensure that authorize, or fund will not result in the listing of 15 shipwrecks on the National any action they carry out, permit, or destruction or adverse modification of Register of Historic Places. The area fund will not jeopardize the continued humpback whale critical habitat. Within includes 39 known shipwrecks, 123 existence of the species; this many of the areas we are evaluating for reported vessel losses, numerous other requirement would not change with a potential proposal as critical habitat for historic maritime-related features, and is revision to the critical habitat the humpback whales distinct adjacent to communities that have designation. population segments, Federal agencies embraced their centuries-long Timetable: are already required to consult on relationship with Lake Michigan. NOAA effects to currently designated critical completed its review of the nomination Action Date FR Cite habitat for other listed species. Federal in accordance with the Sanctuary NPRM ...... 09/19/19 84 FR 49214 agencies are also already required to Nomination Process and on February 5, NPRM Comment 12/18/19 consult with NMFS under section 7 of 2015, added the area to the inventory of Period End. I I the Endangered Species Act to ensure nominations that are eligible for VerDate Sep<11>2014 19:57 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP4.SGM 31MRP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16873 designation. On October 7, 2015, NOAA in the Inter-American Tropical Tuna own purse seine fisheries that are issued a notice of intent to begin the Commission Convention Area. This rule distinct from the purse seine fishery of designation process and asked for is necessary for the United States to the United States and that are public comment on making this area a satisfy its international obligations consequently subject to special national marine sanctuary. Designation under the 1949 Convention for the provisions of the Convention and of under the National Marine Sanctuaries Establishment of an Inter-American Commission decisions. Act would allow NOAA to supplement Tropical Tuna, to which it is a Timetable: and complement work by the State of Contracting Party. Wisconsin and other Federal agencies to Timetable: Action Date FR Cite protect this collection of nationally Action Date FR Cite ANPRM ...... 10/23/15 80 FR 64382 significant shipwrecks. ANPRM Comment 11/23/15 Timetable: To Be Determined To Be Determined Period End. Action Date FR Cite To Be Determined To Be Determined Regulatory Flexibility Analysis NPRM ...... 01/09/17 82 FR 2269 Required: Yes. NPRM Comment 03/31/17 Regulatory Flexibility Analysis Agency Contact: Barry Thom, Phone: Required: Yes. Period End. 503 231–6266, Email: barry.thom@ Final Action ...... 01/00/21 Agency Contact: Michael Tosatto, I I noaa.gov. Phone: 808 725–5000, Email: RIN: 0648–BD59 Regulatory Flexibility Analysis [email protected]. Required: Yes. 177. International Fisheries; Western RIN: 0648–BF41 Agency Contact: Russ Green, and Central Pacific Fisheries for Highly 178. Bering Sea and Aleutian Islands Department of Commerce, National Migratory Species; Treatment of U.S. Pacific Cod Pot Catcher/Processor Oceanic and Atmospheric Purse Seine Fishing With Respect to License Limitation Program Adjustment Administration, Washington, DC 20230, U.S. Territories Phone: 989 766–3359, Email: E.O. 13771 Designation: Not subject E.O. 13771 Designation: Deregulatory. to, not significant. [email protected]. Legal Authority: 16 U.S.C. 6901 et seq. Legal Authority: 16 U.S.C. 1801 et seq. Jessica Kondel, Policy and Planning Abstract: This action would establish Abstract: In response to a Division Division Chief, Department of rules and/or procedures to address the recommendation by the North Pacific Commerce, National Oceanic and treatment of U.S.-flagged purse seine Fishery Management Council (Council), Atmospheric Administration, 1305 East- vessels and their fishing activities in this action announces the establishment West Highway, Bldg. SSMC4, Silver regulations issued by the National of a control date for the Bering Sea and Spring, MD 20910, Phone: 240 533– Marine Fisheries Service that Aleutian Islands (BSAI) Pacific cod pot 0647. implement decisions of the Commission catcher/processor sector. Currently, pot RIN: 0648–BG01 for the Conservation and Management of catcher/processor vessels fishing for Highly Migratory Fish Stocks in the Pacific cod in the BSAI are required to Western and Central Pacific Ocean have a License Limitation Program DEPARTMENT OF COMMERCE (DOC) (Commission), of which the United (LLP) that is endorsed for fishing Pacific States is a member. Under the Western cod by gear type, operational type, and National Oceanic and Atmospheric and Central Pacific Fisheries area. The Council is evaluating Administration (NOAA) Convention Implementation Act, the participation and effort in the BSAI Long-Term Actions National Marine Fisheries Service Pacific cod catcher/processor fishery in exercises broad discretion when response to a potential need to control National Marine Fisheries Service determining how it implements entry and participation in the Pacific 176. Implementation of a Program for Commission decisions, such as purse cod pot catcher/processor sector. Transshipments by Large Scale Fishing seine fishing restrictions. The National Specifically, the Council is considering Vessels in the Eastern Pacific Ocean Marine Fisheries Service intends to options to address and potentially E.O. 13771 Designation: Not subject examine the potential impacts of the eliminate latent Bering Sea pot catcher/ to, not significant. domestic implementation of processor endorsed LLPs (which are Legal Authority: 16 U.S.C. 951 et seq.; Commission decisions, such as purse LLP endorsements not recently utilized) 16 U.S.C. 971 et seq. seine fishing restrictions, on the in order to increase stability for Pacific Abstract: This rule would implement economies of the U.S. territories that cod-dependent pot catcher/processors, the Inter-American Tropical Tuna participate in the Commission, and maintain consistently low rates of Commission program to monitor examine the connectivity between the halibut and crab bycatch, and ensure transshipments by large-scale tuna activities of U.S.-flagged purse seine that condensed fishing seasons do not fishing vessels, and would govern fishing vessels and the economies of the result in safety-at-sea concerns. The transshipments by U.S. large-scale tuna territories. Based on that and other Council may use the control date if it fishing vessels and carrier, or receiving, information, the National Marine decides to recommend removing latent vessels. The rule would establish: Fisheries Service might propose BSAI Pacific cod endorsements on pot Criteria for transshipping in port; regulations that mitigate adverse catcher/processor LLPs to limit criteria for transshipping at sea by economic impacts of purse seine fishing participation in the sector. Any fishing longline vessels to an authorized carrier restrictions on the U.S. territories and/ activity after the control date would not vessel with an Inter-American Tropical or that, in the context of the Convention be assured to be considered should the Tuna Commission observer onboard and on the Conservation and Management of Council recommend and NMFS an operational vessel monitoring Highly Migratory Fish Stocks in the implement a regulatory amendment to system; and require the Pacific Western and Central Pacific Ocean remove latent LLP endorsements. This Transshipment Declaration Form, which (Convention), recognize that one or announcement is intended, in part, to must be used to report transshipments more of the U.S. territories have their promote awareness of the potential VerDate Sep<11>2014 19:57 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP4.SGM 31MRP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 16874 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda eligibility criteria for future access to Action Date FR Cite Fishery of the South Atlantic Region, discourage speculative entry into the Amendment 9 for the Dolphin and BSAI Pacific cod sector while the Comment Period 06/19/20 Wahoo Fishery of the Atlantic, and Council and NMFS consider whether End. Amendment 27 to the Coastal Migratory and how access to the sector should be Final Rule Effec- 07/20/20 Pelagics Fishery of the Gulf of Mexico further controlled. tive. I I and Atlantic Regions (For-Hire Reporting Amendments). The For-Hire Timetable: Regulatory Flexibility Analysis Reporting Amendments rule Required: Yes. Action Date FR Cite Agency Contact: Alan D. Robinson, implements mandatory weekly electronic reporting for charter vessel ANPRM ...... 12/10/19 84 FR 67421 Program Coordinator for Commercial Remote Sensing, Department of operators with a Federal for-hire permit ANPRM Comment 12/10/19 in the snapper-grouper, dolphin wahoo, Period End. Commerce, National Oceanic and NPRM ...... 11/00/21 Atmospheric Administration, 1335 East- or coastal migratory pelagics fisheries; I I West Highway, Silver Spring, MD reduces the time allowed for headboat Regulatory Flexibility Analysis 20910, Phone: 301 713–3387, Fax: 301 operators to complete their electronic Required: Yes. 713–2032, Email: alan.robinson@ reports; and requires location reporting by charter vessels with the same level of Agency Contact: James Balsiger, noaa.gov. detail currently required for headboat Phone: 907 586–7221, Fax: 907 586– RIN: 0648–BA15 vessels. 7465, Email: [email protected]. 180. Commerce Trusted Trader Timetable: RIN: 0648–BJ42 Program E.O. 13771 Designation: Deregulatory. Action Date FR Cite Legal Authority: 16 U.S.C. 1801 et seq. DEPARTMENT OF COMMERCE (DOC) Abstract: The National Marine Notice of Avail- 03/14/18 83 FR 11164 Fisheries Service (NMFS) withdraws the ability. National Oceanic and Atmospheric Commerce Trusted Trader Program NPRM ...... 04/04/18 83 FR 14400 Administration (NOAA) NPRM Comment 05/04/18 proposed rule, which published in the Period End. Completed Actions Federal Register on January 17, 2018. Final Rule ...... 02/24/20 85 FR 10331 The proposed voluntary program was Final Rule Effec- 09/01/20 179. Licensing of Private Land Remote- intended to offer qualified importers tive. Sensing Space Systems electing to participate in the program a Final Rule; Delay 08/07/20 85 FR 47917 E.O. 13771 Designation: Fully or reduction in reporting and of Effective Partially Exempt. recordkeeping requirements and Date. Final Rule; Delay 01/04/21 Legal Authority: 51 U.S.C. 60101 et streamlined entry into U.S. commerce for seafood imports subject to the of Effective seq. Date Effective. Abstract: The National Oceanic and Seafood Import Monitoring Program. Atmospheric Administration (NOAA’s) Upon consideration of public comment, Regulatory Flexibility Analysis National Environmental Satellite, Data, NMFS has determined that this program Required: Yes. and Information Service proposes to will not provide the anticipated benefits Agency Contact: Roy E. Crabtree, revise its final rule issued on April 26, to industry. Regional Administrator, Southeast Timetable: 2006, addressing the licensing of private Region, Department of Commerce, land remote sensing space systems. The Action Date FR Cite National Oceanic and Atmospheric purpose of this revision is to modify Administration, 263 13th Avenue NOAA’s requirements for the licensing, NPRM ...... 01/17/18 83 FR 2412 South, St. Petersburg, FL 33701, Phone: monitoring and compliance of operators NPRM Comment 03/19/18 727 824–5305, Fax: 727 824–5308, of private land remote sensing space Period End. Email: [email protected]. systems under title II of the Land Withdrawal ...... 09/18/20 85 FR 58321 RIN: 0648–BG75 Remote Sensing Policy Act of 1992. Withdrawal Effec- 09/18/20 These modifications are intended to tive. 182. New England Industry-Funded address changes in remote sensing Monitoring Amendment Regulatory Flexibility Analysis technology and business practices since E.O. 13771 Designation: Not subject the issuance of the final rule. The Required: Yes. Agency Contact: Alexa Cole, Director, to, not significant. revision is intended to facilitate the Office of International Affairs and Legal Authority: 16 U.S.C. 1801 et seq. further development of the U.S. Seafood Inspection, Department of Abstract: This rule implements commercial remote sensing industry, Commerce, National Oceanic and measures for industry funding and while preserving essential U.S. national Atmospheric Administration, 1315 East- prioritizing available Federal funding to security interests, foreign policy, and West Highway, Silver Spring, MD pay for additional monitoring, international obligations. 20910, Phone: 301 427–8286, Email: consistent with specific monitoring Timetable: [email protected]. coverage targets recently set by the New RIN: 0648–BG51 England Fishery Management Council, Action Date FR Cite for New England fishery management 181. Rule to Implement the For-Hire plans. Specifically, this action would ANPRM ...... 06/29/18 83 FR 30592 Reporting Amendments modify all the New England fishery ANPRM Comment 08/28/18 Period End. E.O. 13771 Designation: Not subject management plans to allow NPRM ...... 05/14/19 84 FR 21282 to, not significant. standardized development of future, NPRM Comment 07/15/19 Legal Authority: 16 U.S.C. 1801 et seq. plan-specific, industry-funded Period End. Abstract: This rule implements monitoring programs. This action would Final Rule ...... 05/20/20 85 FR 30790 Amendment 39 for the Snapper-Grouper also prioritize industry-funded VerDate Sep<11>2014 19:57 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP4.SGM 31MRP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16875 monitoring programs across New Action Date FR Cite 978 281–9283, Fax: 978 281–9207, England fishery management plans Email: [email protected]. when available Federal funding falls NPRM Comment 11/12/19 RIN: 0648–BJ12 short of the total needed to fully fund Period End. Final Action ...... 06/11/20 85 FR 35594 185. Vessel Monitoring Systems; all monitoring programs. Finally, this Amendment to Type-Approval rule implements industry-funded Final Action Effec- 07/13/20 tive. Requirements monitoring requirements for the Atlantic Herring fishery management E.O. 13771 Designation: Deregulatory. Regulatory Flexibility Analysis Legal Authority: 16 U.S.C. 1801 et seq. plan. Required: Yes. Timetable: Abstract: The U.S. Vessel Monitoring Agency Contact: Barry Thom, System (VMS) program type-approves Action Date FR Cite Regional Administrator, West Coast enhanced mobile transceiver units Region, Department of Commerce, (EMTUs) for use in the U.S. Currently, Notice of Avail- 09/19/18 83 FR 47326 National Oceanic and Atmospheric the only option for transferring VMS ability. Administration, 1201 NE Lloyd data from ship to NMFS is by satellite- NPRM ...... 11/07/18 83 FR 55665 Boulevard, Suite 1100, Portland, OR linked communication services. All NPRM Comment 12/24/18 97232, Phone: 503 231–6266, Email: owners of vessels participating in the Period End. [email protected]. NOAA VMS program are required to Final Action ...... 02/07/20 85 FR 7414 RIN: 0648–BI45 Final Action Effec- 03/09/20 carry a NMFS-approved EMTU or MTU tive. 184. Framework Adjustment 59 to the to comply with the Vessel Monitoring Northeast Multispecies Fishery System requirements. This rule would Regulatory Flexibility Analysis Management Plan modify the type-approval requirements to allow for communication service by Required: Yes. E.O. 13771 Designation: Not subject Agency Contact: Michael Pentony, cellular EMTUs (EMTU-Cs), in addition to, not significant. Regional Administrator, Greater Atlantic to satellite-only models. The need for Legal Authority: 16 U.S.C. 1801 et seq. the rule is to set out procedures and Region, Department of Commerce, Abstract: This rulemaking action requirements for initial type-approvals; National Oceanic and Atmospheric proposes to implement management compliance with, and revocations and Administration, 55 Great Republic measures included in the New England appeals of type-approvals; and Drive, Gloucester, MA 01930, Phone: Fishery Management Council’s technical, service, and performance 978 281–9283, Fax: 978 281–9207, Framework Adjustment 59 to the specifications. This would allow EMTU- Email: [email protected]. Northeast Multispecies Fishery Cs to be type-approved and used in RIN: 0648–BG91 Management Plan (Framework 59) certain federally managed fisheries with developed in response to new scientific 183. Vessel Movement, Monitoring, and a VMS requirement. Generally, cellular information. The proposed action would Declaration Management Enhancement communication services come at a set fishing years 2020–2022 for the Pacific Coast Groundfish significantly lower cost than satellite specifications for 15 groundfish stocks, Fishery; Pacific Coast Groundfish services. A lower cost could ease the and fishing year 2020 total allocable Fishery Management Plan financial burden on fishermen, while catches (TAC) for the three U.S./Canada E.O. 13771 Designation: Deregulatory. providing NMFS with additional stocks: Eastern Georges Bank cod, Legal Authority: 16 U.S.C. 1801 et seq. capabilities to manage fishery resources, Eastern Georges Bank haddock, and Abstract: This rulemaking action and to protect marine species and Georges Bank yellowtail flounder. This implements the Pacific Fishery ecologically sensitive areas. Management Council’s action to action would also revise the Georges Timetable: implement various measures that Bank cod incidental TAC to remove the provide more efficient and effective allocation to the Closed Area I Hook Action Date FR Cite monitoring, improve enforcement of Gear Haddock Special Access Program, restricted areas, and reduce costs for the and as necessary in response to any new NPRM ...... 01/24/20 85 FR 4257 NPRM Comment 02/24/20 Pacific coast groundfish fleet. This data coming from the Marine Recreational Information Program, Period End. action would: Increase the required Final Action ...... 07/08/20 85 FR 40915 frequency of signals transmitted from address commercial/recreational allocation issues. Final Action Effec- 08/07/20 type-approved vessel monitoring system tive. (VMS) units from once per hour to every Timetable: 15 minutes to provide finer-scale vessel Action Date FR Cite Regulatory Flexibility Analysis location data; allow vessels to use Required: Yes. alternative VMS units; add a VMS NPRM ...... 05/29/20 85 FR 32347 Agency Contact: James Landon, declaration to indicate when a vessel is NPRM Comment 06/15/20 Department of Commerce, National testing gear; allow vessels participating Period End. Oceanic and Atmospheric in the midwater trawl whiting fishery to Final Action Effec- 07/28/20 Administration, 1315 East-West Hwy, change their declaration while at-sea to tive. Bldg SSMC 3, Room 3151, Silver Spring, select a new whiting fishery; and allow Final Action ...... 07/30/20 85 FR 45794 MD 20910, Phone: 301 427–8245, Email: vessels to move pot gear from one [email protected]. management area to another during a Regulatory Flexibility Analysis RIN: 0648–BJ15 single trip while retaining fish from the Required: Yes. Agency Contact: Michael Pentony, 186. Amendment 21 to the Atlantic primary management area. Mackerel, Squid, and Butterfish Fishery Timetable: Regional Administrator, Greater Atlantic Region, Department of Commerce, Management Plan Action Date FR Cite National Oceanic and Atmospheric E.O. 13771 Designation: Not subject Administration, 55 Great Republic to, not significant. NPRM ...... 10/10/19 84 FR 54579 Drive, Gloucester, MA 01930, Phone: Legal Authority: 16 U.S.C. 1801 et seq. VerDate Sep<11>2014 19:57 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP4.SGM 31MRP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 16876 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Abstract: In response to action by the action would modify the fee percentage FMPs (species caught incidentally Mid-Atlantic Fishery Management assessed on groundfish and halibut during the pursuit of target stocks in a Council to integrate chub mackerel as a landings made by vessels operating in fishery) that do not require conservation stock managed under the Atlantic the Bering Sea and Aleutian Islands and and management as ecosystem Mackerel, Squid, and Butterfish Fishery Gulf of Alaska management areas. This component species. As an Ecosystem Management Plan, this rulemaking action would increase the observer fee Component, this action proposes that action replaces preliminary chub from 1.25 percent to 1.65 percent of the catch specifications for sculpins mackerel management measures ex-vessel value of landings made by (Overfishing Level, Acceptable implemented in August 2017 under the vessels that are not in the full coverage Biological Catch, Total Allowable Catch) Unmanaged Forage Omnibus category. Fee revenues are used to fund would no longer be required, but Amendment that expire December 31, deployment of observers and electronic instead, regulations would prohibit 2020. The objective of this action is to monitoring (EM) in the partial coverage directed fishing forsculpins, require sustainably manage chub mackerel category of the North Pacific Observer recordkeeping and reporting to monitor consistent with the Magnuson-Stevens Program. This action is necessary to and report catch of sculpins annually, Fishery Conservation and Management provide additional funding to deploy and establish a sculpins maximum Act. The action would: Identify chub observers and EM in the partial coverage retainable amount when directed fishing mackerel management goals and category to better meet monitoring for groundfish species at 20 percent to objectives; designate chub mackerel objectives for the North Pacific Observer discourage retention while allowing essential fish habitat; create a chub Program. Section 313 of the Magnuson- flexibility to prosecute groundfish mackerel management unit; specify Stevens Fishery Conservation and fisheries. This action would free up chub mackerel status determination Management Act establishes that data approximately 5,000 metric tons (mt) of criteria; set chub mackerel acceptable collected by well-trained, independent total allowable catch (TAC) under the 2 biological catch and annual catch limits; observers and EM are a cornerstone of million mt optimum yield limit for the establish a process to set chub mackerel the sustainable management of Federal Bering Sea/Aleutian Islands catch limits and distribute them among fisheries off Alaska. management area. This TAC could be commercial and recreational fisheries; Timetable: allocated to any groundfish target create accountability measures to species during the annual harvest prevent overfishing; and establish chub Action Date FR Cite specifications process, thereby allowing mackerel permit and reporting NPRM ...... 03/09/20 85 FR 13618 for some flexibility with allocations. requirements. NPRM Comment 04/08/20 Timetable: Timetable: Period End. Final Action ...... 07/10/20 85 FR 41424 Action Date FR Cite Action Date FR Cite Final Action Effec- 08/10/20 tive. Notice of Avail- 03/23/20 85 FR 13610 Notice of Avail- 02/14/20 85 FR 8534 ability. ability. Regulatory Flexibility Analysis NPRM ...... 04/23/20 85 FR 22703 NPRM Comment 05/23/20 Notice of Avail- 04/14/20 Required: Yes. ability Comment Period End. Agency Contact: James Balsiger, Final Action ...... 07/10/20 85 FR 41427 Period End. Regional Administrator, Alaska Region, NPRM ...... 03/09/20 85 FR 13603 Final Action Effec- 08/10/20 NPRM Comment 04/08/20 Department of Commerce, National tive. Period End. Oceanic and Atmospheric Final Rule ...... 08/04/20 85 FR 47103 Administration, 709 West Ninth Street, Regulatory Flexibility Analysis Correction ...... 08/18/20 85 FR 50793 Juneau, AK 99801, Phone: 907 586– Required: Yes. Final Rule Effec- 09/03/20 7221, Fax: 907 586–7465, Email: Agency Contact: James Balsiger, tive. [email protected]. Regional Administrator, Alaska Region, Correction Effec- 09/03/20 RIN: 0648–BJ40 Department of Commerce, National tive. 188. Amendment 121 to the Fishery Oceanic and Atmospheric Administration, 709 West Ninth Street, Regulatory Flexibility Analysis Management Plan for Groundfish of the Bering Sea and Aleutian Islands Juneau, AK 99801, Phone: 907 586– Required: Yes. 7221, Fax: 907 586–7465, Email: Agency Contact: Michael Pentony, Management Area and Amendment 110 to the Fishery Management Plan for [email protected]. Regional Administrator, Greater Atlantic RIN: 0648–BJ49 Region, Department of Commerce, Groundfish of the Gulf of Alaska National Oceanic and Atmospheric E.O. 13771 Designation: Deregulatory. 189. Atlantic Bluefish 2020–2021 Administration, 55 Great Republic Legal Authority: 16 U.S.C. 1801 et seq. Specifications and Recreational Drive, Gloucester, MA 01930, Phone: Abstract: This action implements the Management Measures 978 281–9283, Fax: 978 281–9207, North Pacific Fishery Management E.O. 13771 Designation: Not subject Email: [email protected]. Council’s Amendments to the Bering to, not significant. RIN: 0648–BJ16 Sea/Aleutian Islands (Amendment 121) Legal Authority: 16 U.S.C. 1801 et seq. and Gulf of Alaska (Amendment 110) Abstract: The Mid-Atlantic Fishery 187. Regulatory Amendment To Adjust Groundfish Fishery Management Plans Management Council has developed and the North Pacific Observer Program (FMPs). These Amendments would recommended proposed 2020–21 Partial Coverage Fee move sculpins into the Ecosystem bluefish fishery specifications. This E.O. 13771 Designation: Not subject Component of the FMPs, which is a action would revise bluefish fishery to, not significant. category of non-target species that are catch limits for fishing years 2020 and Legal Authority: 16 U.S.C. 1801 et seq. not in need of conservation and 2021, as well as recreational Abstract: In response to a management. Magnuson-Stevens Act management measures to constrain recommendation by the North Pacific National Standard guidelines include catch to these new limits and prevent Fishery Management Council, this options to identify non-target species in overfishing. The August 2019 VerDate Sep<11>2014 19:57 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP4.SGM 31MRP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16877 operational assessment incorporated Region, Department of Commerce, 29; 35 U.S.C. 6; 35 U.S.C. 311; 35 U.S.C. revised Marine Recreational Information National Oceanic and Atmospheric 231; 35 U.S.C. 321–326; Pub. L. 112–274 Program estimates into its analyses and Administration, 55 Great Republic Abstract: The USPTO operates like a biological reference points. This Drive, Gloucester, MA 01930, Phone: business in that it fulfills requests for assessment determined that the bluefish 978 281–9283, Fax: 978 281–9207, intellectual property products and stock is overfished but not subject to Email: [email protected]. services that are paid for by users of overfishing. Using this new information, RIN: 0648–BJ61 those services. The USPTO takes this the Council recommends revising action to set and adjusts patent fee bluefish catch specifications to prevent amounts to provide sufficient aggregate overfishing from occurring. This action revenue to cover aggregate cost of DEPARTMENT OF COMMERCE (DOC) also proposed Council-recommended operations. reductions in recreational bag limit or Patent and Trademark Office (PTO) Timetable: private anglers and for for-hire (charter/ party). All other management measures, Final Rule Stage Action Date FR Cite including recreational season and 190. Trademark Fee Adjustment minimum fish size would remain NPRM ...... 07/31/19 84 FR 37398 NPRM Comment 09/30/19 unchanged. Given the stock status, the Regulatory Plan: This entry is Seq. No. 10 in part II of this issue of the Period End. fishery will be operating under interim Final Action ...... 08/03/20 85 FR 46932 measures promulgated under section Federal Register. RIN: 0651–AD42 Correction ...... 09/18/20 85 FR 58282 305(c) of the Magnuson-Stevens Fishery Final Action Effec- 10/02/20 Conservation and Management Act until tive. this action is finalized. Correction Effec- 10/02/20 Timetable: DEPARTMENT OF COMMERCE (DOC) tive. Action Date FR Cite Patent and Trademark Office (PTO) Regulatory Flexibility Analysis Completed Actions Required: Yes. NPRM ...... 05/11/20 85 FR 27703 Agency Contact: Brendan Hourigan, NPRM Comment 05/26/20 191. Setting and Adjusting Patent Fees Director, Office of Planning and Budget, Period End. During Fiscal Year 2020 Department of Commerce, Patent and Final Action ...... 06/29/20 85 FR 38794 Final Action Effec- 06/29/20 E.O. 13771 Designation: Fully or Trademark Office, P.O. Box 1450, tive. Partially Exempt. Alexandria, VA 22313–1450, Phone: 571 Legal Authority: 35 U.S.C. 2(b)(2); 5 272–8966, Fax: 571 273–8966, Email: Regulatory Flexibility Analysis U.S.C. 500; 15 U.S.C. 1123; 35 U.S.C. 32; [email protected]. Required: Yes. 35 U.S.C. 41; Pub. L. 113–227; 35 U.S.C. RIN: 0651–AD31 Agency Contact: Michael Pentony, 3(a)(2)(A); 35 U.S.C. 21; 35 U.S.C. 23; 35 [FR Doc. 2021–04469 Filed 3–30–21; 8:45 am] Regional Administrator, Greater Atlantic U.S.C. 134; 35 U.S.C. 135; Pub. L. 112– BILLING CODE 3510–12–P VerDate Sep<11>2014 19:57 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00017 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP4.SGM 31MRP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 VerDate Mar 15 2010 04:16 Oct 27, 2011 Jkt 000000 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 C:\DOCS\BLANK.FR DEV003 FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part V Department of Defense Semiannual Regulatory Agenda VerDate Sep<11>2014 19:59 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP5.SGM 31MRP5 jbell on DSKJLSW7X2PROD with PROPOSALS5 16880 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda DEPARTMENT OF DEFENSE accordance with the Regulatory 3E441, Washington, DC 20310–0108, or Flexibility Act, because they are likely email: [email protected]. 32 CFR Chs. I, V, VI, and VII to have a significant economic impact For general information on on a substantial number of small Department of the Navy regulations, 33 CFR Ch. II entities; and contact CDR Katherine Callan, (2) Any rules that the Agency has telephone 703–614–7408, or write to 36 CFR Ch. III identified for periodic review under Department of the Navy, Office of the section 610 of the Regulatory Flexibility Judge Advocate General, Administrative 48 CFR Ch. II Act. Law Division (Code 13), Washington Printing of these entries is limited to Navy Yard, 1322 Patterson Avenue SE, Improving Government Regulations; fields that contain information required Suite 3000, Washington, DC 20374– Unified Agenda of Federal Regulatory by the Regulatory Flexibility Act’s 5066, or email: Katherine.callan@ and Deregulatory Actions agenda requirements. Additional navy.mil. AGENCY: Department of Defense (DoD). information on these entries is in the For general information on ACTION: Semiannual regulatory agenda. Unified Agenda available online. Department of the Air Force regulations, FOR FURTHER INFORMATION CONTACT: For contact Bao-Anh Trinh, telephone 703– SUMMARY: This agenda announces the information concerning the overall DoD 614–8500, or write the Office of the proposed regulatory actions the regulatory improvement program, for Secretary of the Air Force, Chief, Department of Defense (DOD) plans for general semiannual agenda information, Information Dominance/Chief the next 12 months and those completed and regarding Office of the Secretary Information Officer (SAF CIO/A6), 1800 since the spring 2020 agenda. It was regulations (other than those which are Air Force Pentagon, Washington, DC developed under the guidelines of procurement-related), contact Ms. 20330–1800, or email: Executive Order 12866 ‘‘Regulatory Patricia Toppings, telephone 571–372– usaf.pentagon.saf-cio-a6.mbx.af-foia@ Planning and Review,’’ Executive Order 0485, or write to Office of the Chief mail.mil. 13771 ‘‘Reducing Regulation and Management Officer, Directorate for For specific agenda items, contact the Controlling Regulatory Costs,’’ and Oversight and Compliance, Regulatory appropriate individual indicated for Executive Order 13563 ‘‘Improving and Advisory Committee Division, 9010 each regulatory action. Regulation and Regulatory Review.’’ Defense Pentagon, Washington, DC This Agenda documents DOD’s work SUPPLEMENTARY INFORMATION: This 20301–9010, or email: under Executive Order 13777 edition of the Unified Agenda of Federal [email protected]. ‘‘Enforcing the Regulatory Reform Regulatory and Deregulatory Actions Agenda,’’ and many regulatory actions For questions of a legal nature reports on actions planned by the Office support the recommendations of the concerning the agenda and its statutory of the Secretary of Defense (OSD), the DoD Regulatory Reform Task Force (as requirements or obligations, write to Military Departments, procurement- indicated in the individual rule Office of the General Counsel, 1600 related actions, and actions planned by abstracts). This Agenda also includes Defense Pentagon, Washington, DC the U.S. Army Corps of Engineers. regulatory actions the Department is 20301–1600, or call 703–693–9958. This agenda also identifies rules taking to address the current worldwide For general information on Office of impacted by the: pandemic. These include efforts to the Secretary regulations which are a. Regulatory Flexibility Act; ensure TRICARE beneficiaries have procurement-related, contact Ms. b. Paperwork Reduction Act of 1995; Jennifer D. Johnson, telephone 571– access to the most up-to-date care c. Unfunded Mandates Reform Act of 372–6100, or write to Office of the required for the diagnosis and treatment 1995. of COVID–19. Members of the public Under Secretary of Defense for Acquisition and Sustainment, Defense Generally, rules discussed in this may submit comments on individual agenda will contain five sections: (1) proposed and interim final rulemakings Pricing and Contracting, Defense Acquisition Regulations System, Room Prerule stage; (2) proposed rule stage; (3) at www.regulations.gov during the final rule stage; (4) completed actions; comment period that follows 3B941, 3060 Defense Pentagon, Washington, DC 20301–3060, or email: and (5) long-term actions. Where certain publication in the Federal Register. regulatory actions indicate that small This agenda updates the report [email protected]. For general information on entities are affected, the effect on these published on June 30, 2020, and entities may not necessarily have includes regulations expected to be Department of the Army regulations, contact Mr. James ‘‘Jay’’ Satterwhite, significant economic impact on a issued and under review over the next substantial number of these entities as 12 months. The next agenda will telephone 571–515–0304, or write to the U.S. Army Records Management and defined in the Regulatory Flexibility Act publish in the spring of 2021. (5 U.S.C. 601(6)). The complete Unified Agenda will be Declassification Agency, ATTN: AAHS– RDO, Building 1458, 9301 Chapek Road, The publishing of this agenda does available online at www.reginfo.gov. not waive the applicability of the Because publication in the Federal Ft. Belvoir, VA 22060–5605, or email: military affairs exemption in section 553 Register is mandated for the regulatory [email protected]. of title 5 U.S.C. and section 3 of flexibility agendas required by the For general information on the U.S. Executive Order 12866. Regulatory Flexibility Act (5 U.S.C. Army Corps of Engineers regulations, 602), the Department of Defense’s contact Ms. Stacey Jensen, telephone Dated: September 3, 2020. printed agenda entries include only: 703–695–6791, or write to Office of the Patricia L. Toppings, (1) Rules that are in the Agency’s Assistant Secretary of the Army (Civil OSD Federal Register Liaison Officer, regulatory flexibility agenda, in Works), 108 Army Pentagon, Room Department of Defense. VerDate Sep<11>2014 19:59 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP5.SGM 31MRP5 jbell on DSKJLSW7X2PROD with PROPOSALS5 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16881 DEFENSE ACQUISITION REGULATIONS COUNCIL—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 192 ...... Small Business Innovation Research Program Data Rights (DFARS Case 2019–D043) (Reg Plan Seq 0750–AK84 No. 14). 193 ...... Reauthorization and Improvement of Mentor-Protege Program (DFARS Case 2020–D009) (Reg Plan Seq 0750–AK96 No. 15). References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. DEFENSE ACQUISITION REGULATIONS COUNCIL—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 194 ...... Covered Telecommunications Equipment or Services (DFARS Case 2018–D022) (Reg Plan Seq No. 16) 0750–AJ84 195 ...... Assessing Contractor Implementation of Cybersecurity Requirements (DFARS Case 2019–D041) (Reg 0750–AK81 Plan Seq No. 17). 196 ...... Justification and Approval Thresholds for 8(a) Contracts (DFARS Case 2020–D006) ...... 0750–AK93 References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. DEFENSE ACQUISITION REGULATIONS COUNCIL—COMPLETED ACTIONS Regulation Sequence No. Title Identifier No. 197 ...... Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2019–D036) ...... 0750–AK76 DEPARTMENT OF THE NAVY—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 198 ...... Professional Conduct of Attorneys Practicing Under the Cognizance and Supervision of the Judge Advo- 0703–AB19 cate General (Section 610 Review). OFFICE OF ASSISTANT SECRETARY FOR HEALTH AFFAIRS—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 199 ...... TRICARE: Chiropractic and Acupuncture Treatment Under the TRICARE Program ...... 0720–AB77 DEPARTMENT OF DEFENSE (DOD) DEPARTMENT OF DEFENSE (DOD) 196. Justification and Approval Thresholds for 8(A) Contracts (DFARS Defense Acquisition Regulations Defense Acquisition Regulations Case 2020–D006) Council (DARC) Council (DARC) Proposed Rule Stage Final Rule Stage E.O. 13771 Designation: Not subject to, not significant. 192. Small Business Innovation 194. Covered Telecommunications Legal Authority: 41 U.S.C. 1303; Pub. Research Program Data Rights (DFARS Equipment or Services (DFARS Case L. 116–92, sec. 823 Case 2019–D043) 2018–D022) Abstract: DoD issued a final rule Regulatory Plan: This entry is Seq. Regulatory Plan: This entry is Seq. amending the Defense Federal No. 14 in part II of this issue of the No. 16 in part II of this issue of the Acquisition Regulation Supplement to Federal Register. Federal Register. implement section 823 of the National RIN: 0750–AK84 RIN: 0750–AJ84 Defense Authorization Act for Fiscal Year 2020. Section 823, the increases 193. Reauthorization and Improvement 195. Assessing Contractor the threshold for requiring a of Mentor-Protege Program (DFARS Implementation of Cybersecurity justification and approval to award a Case 2020–D009) Requirements (DFARS Case 2019–D041) sole source contract under the 8(a) program to $100 million and updates Regulatory Plan: This entry is Seq. Regulatory Plan: This entry is Seq. the associated approval authorities No. 15 in part II of this issue of the No. 17 in part II of this issue of the when a procurement exceeds the Federal Register. Federal Register. threshold. RIN: 0750–AK96 RIN: 0750–AK81 Timetable: VerDate Sep<11>2014 19:59 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP5.SGM 31MRP5 jbell on DSKJLSW7X2PROD with PROPOSALS5 16882 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Action Date FR Cite Agency Contact: Jennifer D. Johnson, DEPARTMENT OF DEFENSE (DOD) Office of the Under Secretary of Defense Office of Assistant Secretary for Health Final Action ...... 11/00/20 for Acquisition and Sustainment, Affairs (DODOASHA) Department of Defense, Defense Pricing Regulatory Flexibility Analysis and Contracting, Defense Acquisition Proposed Rule Stage Required: Yes. Regulations System, Room 3B941, 3060 199. TRICARE: Chiropractic and Agency Contact: Jennifer D. Johnson, Pentagon, Washington, DC 20301–3060, Acupuncture Treatment Under the Office of the Under Secretary of Defense Phone: 571 372–6100, Email: TRICARE Program for Acquisition and Sustainment, [email protected]. Department of Defense, Defense Pricing RIN: 0750–AK76 E.O. 13771 Designation: Not subject and Contracting, Defense Acquisition to, not significant. Regulations System, Room 3B941, 3060 Legal Authority: Not Yet Determined Abstract: Under the current Pentagon, Washington, DC 20301–3060, DEPARTMENT OF DEFENSE (DOD) Phone: 571 372–6100, Email: regulations, TRICARE excludes [email protected]. Department of the Navy (NAVY) chiropractors as TRICARE-authorized providers whether or not their services RIN: 0750–AK93 Final Rule Stage would be eligible as medically 198. Professional Conduct of Attorneys necessary care if furnished by any other Practicing Under the Cognizance And authorized provider. In addition, the DEPARTMENT OF DEFENSE (DOD) Supervision of the Judge Advocate current regulation excludes acupuncture Defense Acquisition Regulations General (Section 610 Review) treatment whether used as a therapeutic Council (DARC) E.O. 13771 Designation: Not subject agent or as an anesthetic. This proposed rule seeks to eliminate these exclusions Completed Actions to, not significant. Legal Authority: 10 U.S.C. 806; 10 and to add benefit coverage of 197. Inflation Adjustment of U.S.C. 806a; 10 U.S.C. 826; 10 U.S.C. chiropractic and acupuncture treatment Acquisition-Related Thresholds 827; 10 U.S.C. 1044; . . . when deemed medically necessary for (DFARS Case 2019–D036) Abstract: This action will amend a specific conditions. This rule proposes to add licensed Doctors of Chiropractic E.O. 13771 Designation: Not subject Department of the Navy rule last revised November 27, 2015 (80 FR 73991) to (DCs) and Licensed Acupuncturists to, not significant. (LACs) who meet established Legal Authority: 41 U.S.C. 1303; 41 remove internal content and conform the language to the current Judge qualifications as TRICARE-authorized U.S.C. 1908 providers and will establish Abstract: DoD issued a final rule Advocate General Instruction 5803.1E of the same name, available at http:// reimbursement rates and cost-sharing amending the Defense Federal provisions for covered chiropractic and Acquisition Regulation Supplement www.jag.navy.mil/library/instructions/ JAGINST_5803-1E.pdf. This amendment acupuncture treatment. (DFARS) to adjusts statutory Timetable: acquisition-related thresholds for supports a recommendation of the DoD Regulatory Reform Task Force. inflation to implement 41 U.S.C. 1908 Action Date FR Cite and other acquisition-related thresholds Timetable: as a matter of policy, effective October NPRM ...... 11/00/20 Action Date FR Cite 1, 2020. Timetable: Final Action ...... 12/00/20 Regulatory Flexibility Analysis Required: Yes. Action Date FR Cite Regulatory Flexibility Analysis Agency Contact: Joy Mullane, Department of Defense, Office of NPRM ...... 04/08/20 85 FR 19716 Required: No. Agency Contact: CDR Katherine Assistant Secretary for Health Affairs, NPRM Comment 06/08/20 16401 E Centretech Parkway, Aurora, Period End. Callan, Department of Defense, Final Action ...... 09/29/20 85 FR 61502 Department of the Navy, Washington CO 80011–9066, Phone: 303 676–3457, Final Action Effec- 10/01/20 Navy Yard, 1322 Patterson Avenue SE, Fax: 303 676–3579, Email: tive. Suite 3000, Washington, DC 20374– [email protected]. 5066, Phone: 703 614–7408, Email: RIN: 0720–AB77 Regulatory Flexibility Analysis [email protected]. [FR Doc. 2021–04332 Filed 3–30–21; 8:45 am] Required: Yes. RIN: 0703–AB19 BILLING CODE 5001–06–P VerDate Sep<11>2014 19:59 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP5.SGM 31MRP5 jbell on DSKJLSW7X2PROD with PROPOSALS5 FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part VI Department of Education Semiannual Regulatory Agenda VerDate Sep<11>2014 20:12 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP6.SGM 31MRP6 jbell on DSKJLSW7X2PROD with PROPOSALS6 16884 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda DEPARTMENT OF EDUCATION Levon Schlichter (202) 453–6387, or • A reference to where a reader can Hilary Malawer (202) 401–6148. find the current regulations in the Code Office of the Secretary Individuals who use a of Federal Regulations. telecommunications device for the deaf • A citation of legal authority. 34 CFR Subtitles A and B or a text telephone may call the Federal • Relay Service at 1–800–877–8339. The name, address, and telephone Unified Agenda of Federal Regulatory number of the contact person at ED from SUPPLEMENTARY INFORMATION: Section and Deregulatory Actions 4(b) of Executive Order 12866, dated whom a reader can obtain additional September 30, 1993, requires the information regarding the planned AGENCY: Office of the Secretary, action. Department of Education. Department of Education (ED) to publish, at a time and in a manner In accordance with ED’s Principles for ACTION: Semiannual regulatory agenda. specified by the Administrator of the Regulating listed in its regulatory plan SUMMARY: This document is required Office of Information and Regulatory (78 FR 1361, published January 8, 2013), pursuant to the Regulatory Flexibility Affairs, Office of Management and ED is committed to regulations that Act. It provides information about the Budget, an agenda of all regulations improve the quality and equality of Unified Agenda published on December under development or review. The services it provides to its customers. ED 9, 2020 at www.reginfo.gov/public/do/ Regulatory Flexibility Act, 5 U.S.C. will regulate only if absolutely eAgendaMain under the previous 602(a), requires ED to publish, in necessary and then in the most flexible, administration. The Secretary of October and April of each year, a most equitable, and least burdensome Education publishes a semiannual regulatory flexibility agenda. way possible. agenda of Federal regulatory and The regulatory flexibility agenda may Interested members of the public are deregulatory actions. The agenda is be combined with any other agenda that invited to comment on any of the items issued under the authority of section satisfies the statutory requirements (5 listed in this agenda that they believe 4(b) of Executive Order 12866, U.S.C. 605(a)). In compliance with the are not consistent with the Principles Executive order and the Regulatory ‘‘Regulatory Planning and Review.’’ The for Regulating. Members of the public Flexibility Act, the Secretary publishes purpose of the agenda is to encourage are also invited to comment on any this agenda. more effective public participation in For each set of regulations listed, the uncompleted actions in this agenda that the regulatory process by providing the agenda provides the title of the ED plans to review under section 610 of public with early information about the document, the type of document, a the Regulatory Flexibility Act (5 U.S.C. regulatory actions we plan to take. citation to any rulemaking or other 610) to determine their economic FOR FURTHER INFORMATION CONTACT: action taken since publication of the impact on small entities. Questions or comments related to most recent agenda, and planned dates This publication does not impose any specific regulations listed in this agenda of future rulemaking. In addition, the binding obligation on ED with regard to should be directed to the agency contact agenda provides the following any specific item in the agenda. ED may listed for the regulations. Other information: elect not to pursue any of the regulatory questions or comments on this agenda • An abstract that includes a actions listed here. Dates of future should be directed to LaTanya Cannady, description of the problem to be regulatory actions are subject to revision Program Specialist, Jackie Collins, addressed, any principal alternatives in subsequent agendas. Program Specialist, Levon Schlichter, being considered, and potential costs Electronic Access to This Document: Attorney, or Hilary Malawer, Deputy and benefits of the action. • The entire Unified Agenda is published General Counsel, Division of Regulatory An indication of whether the electronically and is available online at Services, Department of Education, planned action is likely to have www.reginfo.gov. Room 6C128, 400 Maryland Avenue significant economic impact on a SW, Washington, DC 20202–2241; substantial number of small entities as Lynn Mahaffie, telephone: LaTanya Cannady (202) 401– defined by the Regulatory Flexibility Assistant General Counsel, Division of 9676, Jackie Collins (202) 401–6310, Act (5 U.S.C. 601(6)). Regulatory Services. OFFICE OF POSTSECONDARY EDUCATION—COMPLETED ACTIONS Regulation Sequence No. Title Identifier No. 200 ...... Ensuring Student Access to High Quality and Innovative Postsecondary Educational Programs ...... 1840–AD38 DEPARTMENT OF EDUCATION (ED) Abstract: The Department created and promote greater access for students to amended, through negotiated high-quality, innovative programs of Office of Postsecondary Education rulemaking, regulations relating to postsecondary education. (OPE) institutional eligibility and operations Timetable: Completed Actions for participation in Federal student financial aid under title IV of the Higher Action Date FR Cite 200. Ensuring Student Access to High Education Act of 1965, as amended Quality and Innovative Postsecondary HEA, including those relating to credit Notice of Intention 07/31/18 83 FR 36814 Educational Programs to Commence hour, competency-based education, Negotiated E.O. 13771 Designation: Deregulatory. direct assessment programs, and regular Rulemaking. and substantive interaction between NPRM ...... 04/02/20 85 FR 18638 Legal Authority: 20 U.S.C. 3474; 20 faculty and students in the delivery of NPRM Comment 05/04/20 U.S.C. 1221e–3; 20 U.S.C. 1011 et seq. distance education programs, in order to Period End. VerDate Sep<11>2014 20:12 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP6.SGM 31MRP6 jbell on DSKJLSW7X2PROD with PROPOSALS6 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16885 Action Date FR Cite Avenue SW, Washington, DC 20202, Phone: 202 453–7535, Email: Final Rule ...... 09/02/20 85 FR 54742 [email protected]. Final Rule Effec- 07/01/21 tive. RIN: 1840–AD38 I I [FR Doc. 2021–04345 Filed 3–30–21; 8:45 am] Regulatory Flexibility Analysis BILLING CODE 4000–01–P Required: Yes. Agency Contact: Greg Martin, Department of Education, Office of Postsecondary Education, 400 Maryland VerDate Sep<11>2014 20:12 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP6.SGM 31MRP6 jbell on DSKJLSW7X2PROD with PROPOSALS6 VerDate Mar 15 2010 04:16 Oct 27, 2011 Jkt 000000 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 C:\DOCS\BLANK.FR DEV003 FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part VII Department of Energy Semiannual Regulatory Agenda VerDate Sep<11>2014 20:18 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP7.SGM 31MRP7 jbell on DSKJLSW7X2PROD with PROPOSALS7 16888 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda DEPARTMENT OF ENERGY includes a list of regulatory actions most important of DOE’s significant completed since publication of the last regulatory actions and a Statement of 10 CFR Chs. II, III, and X Agenda. The Department of Energy’s Regulatory and Deregulatory Priorities. portion of the Agenda includes This document of the Department of 48 CFR Ch. 9 regulatory actions called for by statute, Energy was signed on December 18, including amendments contained in the 2020, by William S. Cooper, General Fall 2019 Unified Agenda of Regulatory Energy Independence and Security Act and Deregulatory Actions Counsel. That document with the of 2007 (EISA) and the American Energy original signature and date is AGENCY: Department of Energy. Manufacturing Technical Corrections maintained by the Department of ACTION: Semi-annual regulatory agenda. Act (AEMTCA), and programmatic Energy. For administrative purposes needs of DOE offices. only, and in compliance with SUMMARY: The Department of Energy The internet is the basic means for requirements of the Office of the Federal (DOE) has prepared and is making disseminating the Agenda and Register, the Department of Energy has available its portion of the semi-annual providing users the ability to obtain delegated authority to the undersigned Unified Agenda of Federal Regulatory information from the Agenda database. RISC Federal Register Liaison Officer to and Deregulatory Actions (Agenda), DOE’s entire Fall 2020 Regulatory re-sign and submit the document in including its Regulatory Plan (Plan), Agenda can be accessed online by going electronic format for publication, as an pursuant to Executive Order 12866, to www.reginfo.gov. official document of the Department of ‘‘Regulatory Planning and Review,’’ and Publication in the Federal Register is Energy. This administrative process in the Regulatory Flexibility Act. mandated by the Regulatory Flexibility no way alters the legal effect of this SUPPLEMENTARY INFORMATION: The Act (5 U.S.C. 602) only for Agenda document upon publication in the Agenda is a government-wide entries that require either a regulatory Federal Register. compilation of upcoming and ongoing flexibility analysis or periodic review regulatory activity, including a brief under section 610 of that Act. The Plan Terri Tolson-Young, description of each rulemaking and a appears in both the online Agenda and Federal Register Liaison Officer, Regulatory timetable for action. The Agenda also the Federal Register and includes the Information Service Center. ENERGY EFFICIENCY AND RENEWABLE ENERGY—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 201 ...... Energy Conservation Standards for General Service Lamps ...... 1904–AD09 202 ...... Energy Conservation Standards for Residential Conventional Cooking Products ...... 1904–AD15 203 ...... Energy Conservation Standards for Residential Non-Weatherized Gas Furnaces and Mobile Home Gas 1904–AD20 Furnaces. 204 ...... Energy Conservation Standards for Commercial Water Heating Equipment ...... 1904–AD34 DEPARTMENT OF ENERGY (DOE) Action Date FR Cite Action Date FR Cite Energy Efficiency and Renewable Energy Framework Docu- 01/23/14 Notice of Public 10/05/16 81 FR 69009 (EE) ment Comment Meeting; Proposed Rule Stage Period End. Webinar. Framework Docu- 01/23/14 79 FR 3742 Proposed Defini- 10/18/16 81 FR 71794 201. Energy Conservation Standards for ment Comment tion and Data General Service Lamps Period Ex- Availability. tended. Proposed Defini- 11/08/16 E.O. 13771 Designation: Other. Framework Docu- 02/07/14 tion and Data Legal Authority: 42 U.S.C. ment Comment Availability 6295(i)(6)(A) Period Ex- Comment Pe- Abstract: The U.S. Department of tended End. riod End. Preliminary Anal- 12/11/14 79 FR 73503 Final Rule Adopt- 01/19/17 82 FR 7276 Energy (DOE) will issue a Supplemental ysis and Notice ing a Definition Notice of Proposed Rulemaking that of Public Meet- for GSL. includes a proposed determination with ing. Final Rule Adopt- 01/01/20 respect to whether to amend or adopt Preliminary Anal- 01/30/15 80 FR 5052 ing a Definition standards for general service light- ysis Comment for GSL Effec- emitting diode (LED) lamps and that Period Ex- tive. may include a proposed determination tended. Final Rule Adopt- 01/19/17 82 FR 7322 with respect to whether to amend or Preliminary Anal- 02/23/15 ing a Definition adopt standards for compact fluorescent ysis Comment for GSL Includ- lamps. Period Ex- ing IRL. tended End. Final Rule Adopt- 01/01/20 Timetable: Notice of Public 03/15/16 81 FR 13763 ing a Definition Meeting; for GSL Includ- Action Date FR Cite Webinar. ing IRL Effec- NPRM ...... 03/17/16 81 FR 14528 tive. Framework Docu- 12/09/13 78 FR 73737 Supplemental 04/00/21 ment Avail- NPRM Comment 05/16/16 NPRM. ability; Notice of Period End. Public Meeting. I I VerDate Sep<11>2014 20:18 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP7.SGM 31MRP7 jbell on DSKJLSW7X2PROD with PROPOSALS7 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16889 Regulatory Flexibility Analysis Office, EE5B, Washington, DC 20585, Action Date FR Cite Required: Yes. Phone: 202 287–1943, Email: Agency Contact: John Cymbalsky, [email protected]. Supplemental 06/00/21 Building Technologies Office, EE–5B, RIN: 1904–AD15 NPRM. Department of Energy, Energy Efficiency and Renewable Energy, 1000 203. Energy Conservation Standards for Regulatory Flexibility Analysis Independence Avenue SW, Washington, Residential Non-Weatherized Gas Required: Yes. DC 20585, Phone: 202 287–1692, Email: Furnaces and Mobile Home Gas Agency Contact: John Cymbalsky, [email protected]. Furnaces Building Technologies Office, EE–5B, RIN: 1904–AD09 E.O. 13771 Designation: Regulatory. Department of Energy, Energy Efficiency and Renewable Energy, 1000 202. Energy Conservation Standards for Legal Authority: 42 U.S.C. 6295(f)(4)(C); 42 U.S.C. 6295(m)(1); 42 Independence Avenue SW, Washington, Residential Conventional Cooking DC 20585, Phone: 202 287–1692, Email: Products U.S.C. 6295(gg)(3) Abstract: The Energy Policy and [email protected]. E.O. 13771 Designation: Regulatory. Conservation Act, as amended, (EPCA) RIN: 1904–AD20 Legal Authority: 42 U.S.C. 6295(m)(1); prescribes energy conservation 42 U.S.C. 6292(a)(10); 42 U.S.C. 6295(h) 204. Energy Conservation Standards for standards for various consumer Commercial Water Heating Equipment Abstract: The Energy Policy and products and certain commercial and Conservation Act (EPCA), as amended industrial equipment, including E.O. 13771 Designation: Regulatory. by Energy Independence and Security residential furnaces. EPCA also requires Legal Authority: 42 U.S.C. Act of 2007 (EISA), requires the the U.S. Department of Energy (DOE) to 6313(a)(6)(C)(i) and (vi) Secretary to determine whether determine whether more-stringent Abstract: Once completed, this updating the statutory energy amended standards would be rulemaking will fulfill the U.S. conservation standards for residential technologically feasible and Department of Energy’s (DOE) statutory conventional cooking products would economically justified and would save a obligation under the Energy Policy and yield a significant savings in energy use significant amount of energy. DOE is Conservation Act, as amended, (EPCA) and is technologically feasible and considering amendments to its energy to either propose amended energy economically justified. The U.S. conservation standards for residential conservation standards for commercial Department of Energy (DOE) is non-weatherized gas furnaces and water heaters and hot water supply reviewing the current standards to make mobile home gas furnaces in partial boilers, or determine that the existing such determination. fulfillment of a court-ordered remand of standards do not need to be amended. Timetable: DOE’s 2011 rulemaking for these (Unfired hot water storage tanks and commercial heat pump water heaters are Action Date FR Cite products. Timetable: being considered in a separate rulemaking.) DOE must determine Request for Infor- 02/12/14 79 FR 8337 mation (RFI). Action Date FR Cite whether national standards more RFI Comment Pe- 03/14/14 stringent than those that are currently in riod End. Notice of Public 10/30/14 79 FR 64517 place would result in a significant RFI Comment Pe- 03/03/14 79 FR 11714 Meeting. additional amount of energy savings and riod Extended. NPRM and Notice 03/12/15 80 FR 13120 whether such amended national RFI Comment Pe- 04/14/14 of Public Meet- standards would be technologically riod Extended ing. NPRM Comment 05/20/15 80 FR 28851 feasible and economically justified. End. Timetable: NPRM and Public 06/10/15 80 FR 33030 Period Ex- Meeting. tended. Action Date FR Cite NPRM Comment 07/30/15 80 FR 45452 NPRM Comment 07/10/15 Period Ex- Period Ex- tended End. Request for Infor- 10/21/14 79 FR 62899 tended. mation (RFI). NPRM Comment 09/09/15 Notice of Data 09/14/15 80 FR 55038 Availability RFI Comment Pe- 11/20/14 Period Ex- riod End. tended End. (NODA). NODA Comment 10/14/15 NPRM ...... 05/31/16 81 FR 34440 Supplemental 09/02/16 81 FR 60784 NPRM Comment 08/01/16 NPRM. Period End. NODA Comment 10/23/15 80 FR 64370 Period End. SNPRM Comment 09/30/16 81 FR 67219 NPRM Comment 08/05/16 81 FR 51812 Period Ex- Period Re- opened. Period Re- tended. opened. SNPRM Comment 11/02/16 NODA Comment 11/06/15 Period Re- NPRM Comment 08/30/16 Period Ex- Period Re- tended End. opened End. Supplemental 09/23/16 81 FR 65720 opened End. Supplemental 11/00/20 Notice of Data 12/23/16 81 FR 94234 NPRM/Pro- NPRM and No- tice of Public Availability posed Deter- (NODA). mination. Meeting. Supplemental 11/22/16 NODA Comment 01/09/17 Period End. Regulatory Flexibility Analysis NPRM Com- ment Period Supplemental 11/00/20 Required: Yes. End. NPRM/Pro- Agency Contact: Stephanie Johnson, SNPRM Comment 12/05/16 81 FR 87493 posed Deter- General Engineer, Department of Period Re- mination. Energy, Energy Efficiency and opened. Renewable Energy, 1000 Independence SNPRM Comment 01/06/17 Regulatory Flexibility Analysis Avenue SW, Building Technologies Period End. Required: Yes. VerDate Sep<11>2014 20:18 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP7.SGM 31MRP7 jbell on DSKJLSW7X2PROD with PROPOSALS7 16890 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Agency Contact: Catherine Rivest, Avenue SW, Building Technologies RIN: 1904–AD34 General Engineer, Department of Office, EE–5B, Washington, DC 20585, [FR Doc. 2021–05662 Filed 3–30–21; 8:45 am] Energy, Energy Efficiency and Phone: 202 586–7335, Email: BILLING CODE 6450–01–P Renewable Energy, 1000 Independence [email protected]. VerDate Sep<11>2014 20:18 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP7.SGM 31MRP7 jbell on DSKJLSW7X2PROD with PROPOSALS7 FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part VIII Department of Health and Human Services Semiannual Regulatory Agenda VerDate Sep<11>2014 20:29 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP8.SGM 31MRP8 jbell on DSKJLSW7X2PROD with PROPOSALS8 16892 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: The effective public participation in the HUMAN SERVICES Executive Secretariat, Department of regulatory process. For example, to Health and Human Services, 200 encourage public participation, we Office of the Secretary Independence Avenue SW, Washington, regularly update our regulatory web DC 20201; (202) 690–5627. page (http://www.HHS.gov/regulations) 21 CFR Ch. I which includes links to HHS rules SUPPLEMENTARY INFORMATION: The currently open for public comment, and Department of Health and Human 25 CFR Ch. V also provides a ‘‘regulations toolkit’’ Services (HHS) is the Federal with background information on government’s lead agency for protecting 42 CFR Chs. I–V regulations, the commenting process, the health of all Americans and how public comments influence the providing essential human services, 45 CFR Subtitle A; Subtitle B, Chs. II, development of a rule, and how the especially for those who are least able III, and XIII public can provide effective comments. to help themselves. HHS enhances the Regulatory Agenda health and well-being of Americans by The rulemaking abstracts included in promoting effective health and human this paper issue of the Federal Register AGENCY: Office of the Secretary, HHS. services and by fostering sound, cover, as required by the Regulatory ACTION: Semiannual Regulatory Agenda. sustained advances in the sciences Flexibility Act of 1980, those prospective HHS rulemakings likely to SUMMARY: The Regulatory Flexibility Act underlying medicine, public health, and social services. have a significant economic impact on of 1980 and Executive Order (E.O.) a substantial number of small entities. 12866 require the semiannual issuance This Agenda presents the regulatory The Department’s complete Regulatory of an inventory of rulemaking actions activities that the Department expects to Agenda is accessible online at http:// under development throughout the undertake in the foreseeable future to www.RegInfo.gov. Department, offering for public review advance this mission. HHS has an summarized information about agency-wide effort to support the Samuel A. Shipley, forthcoming regulatory actions. Agenda’s purpose of encouraging more Senior Regulations Coordinator. OFFICE OF THE SECRETARY—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 205 ...... Limiting the Effect of Exclusions Implemented Under the Social Security Act (Rulemaking Resulting 0991–AC11 From a Section 610 Review). OFFICE FOR CIVIL RIGHTS—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 206 ...... Implementation of the Religious Freedom Restoration Act (Section 610 Review) ...... 0945–AA13 207 ...... Special Responsibilities of Medicare Hospitals in Emergency Cases, and Discrimination on the Basis of 0945–AA14 Disability in Critical Health and Human Services Programs or Activities (Section 610 Review) (Reg Plan Seq No. 33). 208 ...... Rulemaking on Discrimination on the Basis of Disability in Critical Health and Human Services Programs 0945–AA15 or Activities (Rulemaking Resulting From a Section 610 Review). References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. OFFICE FOR CIVIL RIGHTS—COMPLETED ACTIONS Regulation Sequence No. Title Identifier No. 209 ...... Nondiscrimination in Health and Health Education Programs or Activities ...... 0945–AA11 OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 210 ...... Information Blocking and the ONC Health IT Certification Program: Extension of Compliance Dates and 0955–AA02 Timeframes in Response to the COVID–19 Public Health Emergency (Reg Plan Seq No. 35). References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. VerDate Sep<11>2014 20:29 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP8.SGM 31MRP8 jbell on DSKJLSW7X2PROD with PROPOSALS8 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16893 OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY—COMPLETED ACTIONS Regulation Sequence No. Title Identifier No. 211 ...... 21st Century Cures Act: Interoperability, Information Blocking, and the ONC Health IT Certification Pro- 0955–AA01 gram. CENTERS FOR DISEASE CONTROL AND PREVENTION—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 212 ...... Control of Communicable Diseases; Foreign Quarantine ...... 0920–AA75 CENTERS FOR DISEASE CONTROL AND PREVENTION—COMPLETED ACTIONS Regulation Sequence No. Title Identifier No. 213 ...... Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right to Introduction and Pro- 0920–AA76 hibition of Introduction of Persons into United States from Designated Foreign Countries or Places. FOOD AND DRUG ADMINISTRATION—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 214 ...... Medication Guide; Patient Medication Information ...... 0910–AH68 215 ...... Requirements for Tobacco Product Manufacturing Practice ...... 0910–AH91 216 ...... Administrative Detention of Tobacco Products ...... 0910–AI05 217 ...... Nutrient Content Claims, Definition of Term: Healthy ...... 0910–AI13 218 ...... Revocation of Uses of Partially Hydrogenated Oils in Foods ...... 0910–AI15 219 ...... Conduct of Analytical and Clinical Pharmacology, Bioavailability and Bioequivalence Studies ...... 0910–AI57 FOOD AND DRUG ADMINISTRATION—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 220 ...... Sunlamp Products; Amendment to the Performance Standard ...... 0910–AG30 221 ...... Mammography Quality Standards Act (Reg Plan Seq No. 37) ...... 0910–AH04 222 ...... General and Plastic Surgery Devices: Restricted Sale, Distribution, and Use of Sunlamp Products ...... 0910–AH14 223 ...... Amendments to the List of Bulk Drug Substances That Can Be Used To Compound Drug Products in Ac- 0910–AH81 cordance With Section 503A of the Federal Food, Drug, and Cosmetic Act. 224 ...... Milk and Cream Product and Yogurt Products, Final Rule to Revoke the Standards for Lowfat Yogurt and 0910–AI40 Nonfat Yogurt and to Amend the Standard for Yogurt. References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. FOOD AND DRUG ADMINISTRATION—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 225 ...... Acute Nicotine Toxicity Warnings for E-Liquids ...... 0910–AH24 FOOD AND DRUG ADMINISTRATION—COMPLETED ACTIONS Regulation Sequence No. Title Identifier No. 226 ...... Postmarketing Safety Reporting Requirements for Human Drug and Biological Products ...... 0910–AA97 227 ...... Over-the-Counter (OTC) Drug Review—Cough/Cold (Antihistamine) Products ...... 0910–AF31 228 ...... Food Labeling; Gluten-Free Labeling of Fermented or Hydrolyzed Foods ...... 0910–AH00 229 ...... Testing Standards for Batteries and Battery Management Systems in Battery-Operated Tobacco Products 0910–AH90 VerDate Sep<11>2014 20:29 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP8.SGM 31MRP8 jbell on DSKJLSW7X2PROD with PROPOSALS8 16894 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda CENTERS FOR MEDICARE & MEDICAID SERVICES—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 230 ...... Medicaid Programs Reducing Provider and Patient Burden, and Promoting Patients’ Electronic Access to 0938–AT99 Health Information (CMS–9123). 231 ...... CY 2022 Revisions to Payment Policies Under the Physician Fee Schedule and Other Revisions to Medi- 0938–AU42 care Part B (CMS–1751) (Section 610 Review). 232 ...... CY 2022 Hospital Outpatient PPS Policy Changes and Payment Rates and Ambulatory Surgical Center 0938–AU43 Payment System Policy Changes and Payment Rates (CMS–1753) (Section 610 Review). 233 ...... Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals; the Long-Term Care Hospital 0938–AU44 Prospective Payment System; and FY 2022 Rates (CMS–1752) (Section 610 Review). CENTERS FOR MEDICARE & MEDICAID SERVICES—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 234 ...... Durable Medical Equipment Fee Schedule, Adjustments to Resume the Transitional 50/50 Blended Rates 0938–AT21 to Provide Relief in Non-Competitive Bidding Areas (CMS–1687) (Section 610 Review). 235 ...... International Pricing Index Model For Medicare Part B Drugs (CMS–5528) (Section 610 Review) ...... 0938–AT91 236 ...... CY 2021 Revisions to Payment Policies Under the Physician Fee Schedule and Other Revisions to Medi- 0938–AU10 care Part B (CMS–1734) (Section 610 Review). 237 ...... CY 2021 Hospital Outpatient PPS Policy Changes and Payment Rates and Ambulatory Surgical Center 0938–AU12 Payment System Policy Changes and Payment Rates (CMS–1736) (Section 610 Review). CENTERS FOR MEDICARE & MEDICAID SERVICES—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 238 ...... Requirements for Long-Term Care Facilities: Regulatory Provisions to Promote Increased Safety (CMS– 0938–AT36 3347) (Section 610 Review). CENTERS FOR MEDICARE & MEDICAID SERVICES—COMPLETED ACTIONS Regulation Sequence No. Title Identifier No. 239 ...... Organ Procurement Organizations (OPOs) (CMS–3380) (Completion of a Section 610 Review) ...... 0938–AU02 240 ...... Transparency in Coverage (CMS–9915) ...... 0938–AU04 241 ...... FY 2021 Inpatient Rehabilitation Facility (IRF) Prospective Payment System Rate Update (CMS–1729) 0938–AU05 (Completion of a Section 610 Review). 242 ...... FY 2021 Inpatient Psychiatric Facilities Prospective Payment System Rate Updates (CMS–1731) (Com- 0938–AU07 pletion of a Section 610 Review). 243 ...... Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals; the Long-Term Care Hospital 0938–AU11 Prospective Payment System; and FY 2021 Rates (CMS–1735) (Section 610 Review). 244 ...... Clinical Laboratory Improvement Amendments and Patient Protection and Affordable Care Act; Additional 0938–AU33 Policy and Regulatory Revisions in Response to the COVID–19 Public Health Emergency (CMS–3401) (Completion of a Section 610 Review). ADMINISTRATION FOR CHILDREN AND FAMILIES—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 245 ...... Updating Native Employment Works Requirements (Rulemaking Resulting From a Section 610 Re- 0970–AC83 view). VerDate Sep<11>2014 20:29 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP8.SGM 31MRP8 jbell on DSKJLSW7X2PROD with PROPOSALS8 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16895 DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Abstract: This proposed rule would HUMAN SERVICES (HHS) HUMAN SERVICES (HHS) revise regulations under, among other statutes, section 504 of the Office for Civil Rights (OCR) Office of the Secretary (OS) Rehabilitation Act of 1973 to robustly Proposed Rule Stage Proposed Rule Stage address unlawful discrimination on the basis of disability in certain vital HHS- 206. • Implementation of the Religious 205. Limiting the Effect of Exclusions funded health and human services Freedom Restoration Act (Section 610 Implemented Under the Social Security programs. Act (Rulemaking Resulting From a Review) Timetable: Section 610 Review) E.O. 13771 Designation: Regulatory. Legal Authority: Not Yet Determined Action Date FR Cite E.O. 13771 Designation: Deregulatory. Abstract: This proposed rule would NPRM ...... 01/00/21 Legal Authority: 5 U.S.C. 301; 31 set forth substantive standards the U.S.C. 6101 Department will use in its interpretation and application of RFRA. These would Regulatory Flexibility Analysis Abstract: Exclusions implemented include elaboration on how HHS will Required: No. under the Social Security Act prevent interpret terms in RFRA such as Agency Contact: Carla Carter, individuals convicted of certain crimes religious exercise, substantial burden, Supervisory Civil Rights Analyst, or individuals whose health care and compelling interest, based on the Department of Health and Human licenses have been revoked from guidance issued by the Attorney General Services, Office for Civil Rights, 200 participating in Federal health care concerning those terms, as well as Independence Avenue SW, Washington, programs. Instead of only being barred applicable case law. The rule’s DC 20201, Phone: 800 368–1019, Email: from participating in all Federal standards would guide both OCR and [email protected]. RIN: 0945–AA15 healthcare programs, certain regulatory the Department’s components in provisions have resulted in these type of understanding how RFRA’s exclusion actions being given an overly requirements govern the Department’s broad government-wide effect, and various activities. The rulemaking DEPARTMENT OF HEALTH AND excluded parties have been barred from would rely upon, other authorities, 42 HUMAN SERVICES (HHS) U.S.C. 2000bb–1, and the statutes that participating in all Federal procurement Office for Civil Rights (OCR) and non-procurement actions. However, provide legal authority to issue because Social Security Act exclusions programmatic regulations with respect Completed Actions to HHS programs, as well as HHS’s are not issued under an agency’s 209. Nondiscrimination in Health and interpretive authority. suspension and debarment authority, Timetable: Health Education Programs or they do not stop individuals from Activities participating in all Federal procurement Action Date FR Cite E.O. 13771 Designation: Deregulatory. and non-procurement actions. For an Legal Authority: Sec. 1557 of the agency to bar individuals from NPRM ...... 01/00/21 Patient Protection and Affordable Care participating in all procurement and Act (42 U.S.C. 18116) non-procurement activities, it must Regulatory Flexibility Analysis Abstract: This rulemaking would exercise its suspension and debarment Required: Undetermined. finalize, with appropriate changes in Agency Contact: Christine Pratt, authority under the Federal Acquisition response to public comments, the Senior Advisor on Conscience and proposed rule implementing section Regulation or the Nonprocurement Religious Freedom, Department of Common Rule. This rulemaking would 1557 of the Patient Protection and Health and Human Services, Office for Affordable Care Act (PPACA), and remove the regulatory provisions at Civil Rights, 200 Independence Avenue issue, in order to align the regulation conforming amendments to related HHS SW, Washington, DC 20201, Phone: 800 rules. Section 1557 of PPACA prohibits with the intent of the Social Security 368–1019, Email: [email protected]. discrimination on the basis of race, Act and current practice. RIN: 0945–AA13 color, national origin, sex, age, or Timetable: 207. • Special Responsibilities of disability under any health program or Medicare Hospitals in Emergency activity, any part of which is receiving Action Date FR Cite Cases, and Discrimination on the Basis Federal financial assistance, including credits, subsidies, or contracts of NPRM ...... 11/00/20 of Disability in Critical Health and Human Services Programs or Activities insurance, or under any program or (Section 610 Review) activity that is administered by an Regulatory Flexibility Analysis Executive Agency or any entity Regulatory Plan: This entry is Seq. Required: No. established under title l of the PPACA. No. 33 in part II of this issue of the Completed: Agency Contact: Tiffani Redding, Federal Register. Program Analyst, Department of Health RIN: 0945–AA14 Reason Date FR Cite and Human Services, Office of the 208. • Rulemaking on Discrimination Secretary, 200 Independence Avenue on the Basis of Disability in Critical Final Action ...... 06/19/20 85 FR 37160 SW, Washington, DC 20201, Phone: 202 Final Action Effec- 08/18/20 Health and Human Services Programs tive. 205–4321, Email: tiffani.redding@ or Activities (Rulemaking Resulting I hhs.gov. From a Section 610 Review) Regulatory Flexibility Analysis RIN: 0991–AC11 E.O. 13771 Designation: Fully or Required: Yes. Partially Exempt. Agency Contact: Luben Montoya, Legal Authority: Section 504 of the Phone: 800 368–1019, TDD Phone: 800 Rehabilitation Act of 19 537–7697, Email: [email protected]. VerDate Sep<11>2014 20:29 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP8.SGM 31MRP8 jbell on DSKJLSW7X2PROD with PROPOSALS8 16896 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda RIN: 0945–AA11 RIN: 0955–AA01 Completed: Reason Date FR Cite DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Interim Final Rule 04/23/20 HUMAN SERVICES (HHS) HUMAN SERVICES (HHS) Comment Pe- riod End. Office of the National Coordinator for Centers for Disease Control and Final Action ...... 09/11/20 85 FR 56724 Health Information Technology (ONC) Prevention (CDC) Final Action Effec- 10/13/20 Final Rule Stage Final Rule Stage tive. • 210. Information Blocking and the 212. Control of Communicable Diseases; Regulatory Flexibility Analysis ONC Health IT Certification Program: Foreign Quarantine Required: Yes. Extension of Compliance Dates and E.O. 13771 Designation: Regulatory. Agency Contact: Nina Witkofsky, Timeframes in Response to the Covid– Legal Authority: 42 U.S.C. 264; 42 Phone: 404 498–7000, Email: 19 Public Health Emergency U.S.C. 265 [email protected]. Abstract: This rulemaking amends Regulatory Plan: This entry is Seq. RIN: 0920–AA76 No. 35 in part II of this issue of the current regulation to enable CDC to Federal Register. require airlines to collect and provide to RIN: 0955–AA02 CDC certain data elements regarding passengers and crew arriving from DEPARTMENT OF HEALTH AND foreign countries under certain HUMAN SERVICES (HHS) circumstances. DEPARTMENT OF HEALTH AND Timetable: Food and Drug Administration (FDA) HUMAN SERVICES (HHS) Proposed Rule Stage Action Date FR Cite Office of the National Coordinator for 214. Medication Guide; Patient Health Information Technology (ONC) Interim Final Rule 02/07/20 Medication Information Completed Actions Effective. Interim Final Rule 02/12/20 85 FR 7874 E.O. 13771 Designation: Regulatory. 211. 21st Century Cures Act: Interim Final Rule 03/13/20 Legal Authority: 21 U.S.C. 321 et seq.; Interoperability, Information Blocking, Comment Pe- 42 U.S.C. 262; 42 U.S.C. 264; 21 U.S.C. and the ONC Health IT Certification riod End. 371 Final Action ...... 04/00/21 Program Abstract: The proposed rule would E.O. 13771 Designation: Regulatory. Regulatory Flexibility Analysis amend FDA medication guide Legal Authority: Pub. L. 114–255 Required: Yes. regulations to require a new form of Abstract: The final rule implements Agency Contact: Ashley C. patient labeling, Patient Medication certain provisions of the 21st Century Altenburger JD, Public Health Analyst, Information, for submission to and Cures Act, including Conditions and Department of Health and Human review by the FDA for human Maintenance of Certification Services, Centers for Disease Control prescription drug products and certain requirements for health information and Prevention, 1600 Clifton Road NE, blood products used, dispensed, or technology (health IT) developers under MS: H 16–4, Atlanta, GA 30307, Phone: administered on an outpatient basis. the ONC Health IT Certification Program 800 232–4636, Email: The proposed rule would include (Program), the voluntary certification of [email protected]. requirements for Patient Medication health IT for use by pediatric healthcare RIN: 0920–AA75 Information development and providers and reasonable and necessary distribution. The proposed rule would activities that do not constitute require clear and concisely written information blocking. The prescription drug product information implementation of these provisions will DEPARTMENT OF HEALTH AND presented in a consistent and easily advance interoperability and support HUMAN SERVICES (HHS) understood format to help patients use the access, exchange, and use of Centers for Disease Control and their prescription drug products safely electronic health information. The rule Prevention (CDC) and effectively. also finalizes certain modifications to Timetable: the 2015 Edition health IT certification Completed Actions criteria and Program in additional ways 213. Control of Communicable Diseases; Action Date FR Cite to advance interoperability, enhance Foreign Quarantine: Suspension of the health IT certification, and reduce Right to Introduction and Prohibition of NPRM ...... 02/00/21 burden and costs. Introduction of Persons Into United Completed: States From Designated Foreign Regulatory Flexibility Analysis Countries or Places Required: Yes. Reason Date FR Cite E.O. 13771 Designation: Fully or Agency Contact: Chris Wheeler, Supervisory Project Manager, Final Action ...... 05/01/20 85 FR 25642 Partially Exempt. Final Action Effec- 06/30/20 Legal Authority: 42 U.S.C. 265 Department of Health and Human tive. Abstract: HHS/CDC is amending its Services, Food and Drug I I Foreign Quarantine regulations to Administration, 10903 New Hampshire Regulatory Flexibility Analysis provide a procedure for CDC to suspend Avenue, Building 51, Room 3330, Silver Required: Yes. the introduction of persons from Spring, MD 20993, Phone: 301 796– Agency Contact: Michael Lipinski, designated countries or places, if 0151, Email: [email protected]. Phone: 202 690–7151. required, in the interest of public health. RIN: 0910–AH68 VerDate Sep<11>2014 20:29 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP8.SGM 31MRP8 jbell on DSKJLSW7X2PROD with PROPOSALS8 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16897 215. Requirements for Tobacco Product Action Date FR Cite May 21, 2018 (83 FR 23382), we denied Manufacturing Practice a food additive petition requesting that NPRM ...... 08/00/21 the food additive regulations be E.O. 13771 Designation: Regulatory. amended to provide for the safe use of Legal Authority: 21 U.S.C. 371; 21 Regulatory Flexibility Analysis PHOs in certain food applications. We U.S.C. 387b; 21 U.S.C. 387f Required: Yes. are now proposing to update our Abstract: The rule is proposing to Agency Contact: Nathan Mease, regulations to remove all mention of establish tobacco product Regulatory Counsel, Department of partially hydrogenated oils from FDA’s manufacturing practice (TPMP) Health and Human Services, Food and GRAS regulations and as an optional requirements for manufacturers of Drug Administration, 10903 New ingredient in standards of identity. We finished and bulk tobacco products. Hampshire Avenue, WO 71, Room are also proposing to revoke all prior This proposed rule, if finalized, would G335, Silver Spring, MD 20993, Phone: sanctions for uses of PHOs in food. set forth requirements for the 877 287–1373, Email: ctpregulations@ Timetable: manufacture, pre-production design fda.hhs.gov. validation, packing, and storage of a RIN: 0910–AI05 Action Date FR Cite tobacco product. This proposal would help prevent the manufacture and 217. Nutrient Content Claims, NPRM ...... 07/00/21 distribution of contaminated and Definition of Term: Healthy otherwise nonconforming tobacco E.O. 13771 Designation: Regulatory. Regulatory Flexibility Analysis products. This proposed rule provides Legal Authority: 21 U.S.C. 321; 21 Required: Yes. Agency Contact: Ellen Anderson, manufacturers with flexibility in the U.S.C. 331; 21 U.S.C. 343; 21 U.S.C. 371 Consumer Safety Officer, Department of manner in which they comply with the Abstract: The proposed rule would Health and Human Services, Food and proposed requirements while giving update the definition for the implied Drug Administration, HFS–265, 4300 FDA the ability to enforce regulatory nutrient content claim ‘‘healthy’’ to be River Road, College Park, MD 20740, requirements, thus helping to assure the consistent with current nutrition Phone: 240 402–1309, Email: protection of public health. science and federal dietary guidelines. The proposed rule would revise the [email protected]. Timetable: RIN: 0910–AI15 requirements for when the claim Action Date FR Cite ‘‘healthy’’ can be voluntarily used in the 219. • Conduct of Analytical and labeling of human food products so that Clinical Pharmacology, Bioavailability NPRM ...... 02/00/21 the claim reflects current science and and Bioequivalence Studies dietary guidelines and helps consumers E.O. 13771 Designation: Deregulatory. Regulatory Flexibility Analysis maintain healthy dietary practices. Legal Authority: 21 U.S.C. 355; 21 Required: Yes. Timetable: U.S.C. 371; 21 U.S.C. 374; 42 U.S.C. 262 Agency Contact: Matthew Brenner, Abstract: FDA is proposing to amend Regulatory Counsel, Department of Action Date FR Cite 21 CFR 320, in certain parts, and Health and Human Services, Food and establish a new 21 CFR 321 to clarify NPRM ...... 11/00/20 Drug Administration, Center for FDA’s study conduct expectations for Tobacco Products, 10903 New analytical and clinical pharmacology, Regulatory Flexibility Analysis Hampshire Avenue, Building 71, Room bioavailability (BA) and bioequivalence G335, Silver Spring, MD 20993, Phone: Required: Yes. Agency Contact: Vincent De Jesus, (BE) studies that support human 877 287–1373, Fax: 240 276–3904, research and marketing applications for Email: [email protected]. Nutritionist, Department of Health and Human Services, Food and Drug human drug and biological products. RIN: 0910–AH91 Administration, Center for Food Safety The proposed rule would specify needed basic study conduct 216. Administrative Detention of and Applied Nutrition, (HFS–830), requirements to enable FDA to ensure Tobacco Products Room 3D–031, 5100 Paint Branch Parkway, College Park, MD 20740, those studies are conducted E.O. 13771 Designation: Other. Phone: 240 402–1774, Fax: 301 436– appropriately and to verify the Legal Authority: 21 U.S.C. 334; 21 1191, Email: vincent.dejesus@ reliability of study data from those U.S.C. 371 fda.hhs.gov. studies. This regulation would align Abstract: The FDA is proposing RIN: 0910–AI13 with FDA’s other good practice regulations to establish requirements for regulations, would also be consistent the administrative detention of tobacco 218. Revocation of Uses of Partially with current industry best practices, and products. This action, if finalized, Hydrogenated Oils in Foods would harmonize the regulations more would allow FDA to administratively E.O. 13771 Designation: Regulatory. closely with related international detain tobacco products encountered Legal Authority: 21 U.S.C. 321; 21 regulatory expectations. during inspections that an officer or U.S.C. 341; 21 U.S.C. 342; 21 U.S.C. 343; Timetable: employee conducting the inspection has 21 U.S.C. 348; 21 U.S.C. 371; 21 U.S.C. Action Date FR Cite reason to believe are adulterated or 379e misbranded. The intent of Abstract: In the Federal Register of NPRM ...... 08/00/21 administrative detention is to protect June 17, 2015 (80 FR 34650), we public health by preventing the published a declaratory order Regulatory Flexibility Analysis distribution or use of violative tobacco announcing our final determination that Required: Yes. products until FDA has had time to there is no longer a consensus among Agency Contact: Brian Joseph Folian, consider the appropriate action to take qualified experts that partially Regulatory Counsel, Department of and, where appropriate, to initiate a hydrogenated oils (PHOs) are generally Health and Human Services, Food and regulatory action. recognized as safe (GRAS) for any use in Drug Administration, 10903 New Timetable: human food. In the Federal Register of Hampshire Avenue, Building 51, Room VerDate Sep<11>2014 20:29 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP8.SGM 31MRP8 jbell on DSKJLSW7X2PROD with PROPOSALS8 16898 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 5215, Silver Spring, MD 20993–0002, Sunlamp products include ultraviolet inclusion on this list are currently under Phone: 240 402–4089, Email: (UV) lamps and UV tanning beds and consideration and will be the subject of [email protected]. booths. The incidence of skin cancer, a future rulemaking. RIN: 0910–AI57 including melanoma, has been Timetable: increasing, and a large number of skin cancer cases are attributable to the use Action Date FR Cite of sunlamp products. The devices may DEPARTMENT OF HEALTH AND NPRM ...... 09/05/19 84 FR 46688 HUMAN SERVICES (HHS) cause about 400,000 cases of skin cancer per year, and 6,000 of which are NPRM Comment 12/04/19 Period End. Food and Drug Administration (FDA) melanoma. Beginning use of sunlamp Final Rule ...... 12/00/20 products at young ages, as well as I Final Rule Stage frequently using sunlamp products, Regulatory Flexibility Analysis 220. Sunlamp Products; Amendment to both increases the risk of developing Required: Yes. the Performance Standard skin cancers and other illnesses, and Agency Contact: Rosilend Lawson, E.O. 13771 Designation: Fully or sustaining other injuries. Even Regulatory Counsel, Department of Partially Exempt. infrequent use, particularly at younger Health and Human Services, Food and Legal Authority: 21 U.S.C. 360ii; 21 ages, can significantly increase these Drug Administration, 10903 New U.S.C. 360kk; 21 U.S.C. 393; 21 U.S.C. risks. Hampshire Avenue, Building 51, Room 371 Timetable: 5197, Silver Spring, MD 20993, Phone: Abstract: FDA is updating the Action Date FR Cite 240 402–6223, Email: rosilend.lawson@ performance standard for sunlamp fda.hhs.gov. products and ultraviolet lamps for use NPRM ...... 12/22/15 80 FR 79493 RIN: 0910–AH81 in these products to improve safety, NPRM Comment 03/21/16 reflect new scientific information, and Period End. 224. Milk and Cream Product and work towards harmonization with Final Rule ...... 10/00/21 Yogurt Products, Final Rule To Revoke international standards. By harmonizing I I the Standards for Lowfat Yogurt and with the International Electrotechnical Regulatory Flexibility Analysis Nonfat Yogurt and To Amend the Commission, this rule will decrease the Required: Yes. Standard for Yogurt regulatory burden on industry and allow Agency Contact: Ian Ostermiller, E.O. 13771 Designation: Fully or the Agency to take advantage of the Regulatory Counsel, Center for Devices Partially Exempt. expertise of the international and Radiological Health, Department of Legal Authority: 21 U.S.C. 321; 21 committees, thereby also saving Health and Human Services, Food and U.S.C. 336; 21 U.S.C. 341; 21 U.S.C. 343; resources. Drug Administration, 10903 New 21 U.S.C. 348; 21 U.S.C. 371(e); 21 Timetable: Hampshire Avenue, WO 66, Room 5454, U.S.C. 379e Silver Spring, MD 20993, Phone: 301 Abstract: This final rule amends the Action Date FR Cite 796–5678, Email: ian.ostermiller@ standard of identity for yogurt and fda.hhs.gov. revokes the standards of identity for NPRM ...... 12/22/15 80 FR 79505 RIN: 0910–AH14 NPRM Comment 03/21/16 lowfat yogurt and nonfat yogurt. It Period End. 223. Amendments to the List of Bulk modernizes the standard for yogurt to Final Rule ...... 05/00/21 Drug Substances That Can Be Used To allow for technological advances, to Compound Drug Products in preserve the basic nature and essential Regulatory Flexibility Analysis Accordance With Section 503A of the characteristics of yogurt, and to promote Required: Yes. Federal Food, Drug, and Cosmetic Act honesty and fair dealing in the interest Agency Contact: Ian Ostermiller, of consumers. Section 701(e)(1), of the Regulatory Counsel, Center for Devices E.O. 13771 Designation: Fully or Federal Food, Drug, and Cosmetic Act and Radiological Health, Department of Partially Exempt. requires that the amendment or repeal Health and Human Services, Food and Legal Authority: 21 U.S.C. 351; 21 of the definition and standard of Drug Administration, 10903 New U.S.C. 352; 21 U.S.C. 353a; 21 U.S.C. identity for a dairy product proceed Hampshire Avenue, WO 66, Room 5454, 355; 21 U.S.C. 371; . . . under a formal rulemaking process. Silver Spring, MD 20993, Phone: 301 Abstract: FDA has issued a regulation Such is consistent with the formal 796–5678, Email: ian.ostermiller@ creating a list of bulk drug substances rulemaking provisions of the fda.hhs.gov. (active pharmaceutical ingredients) that Administrative Procedures Act (5 U.S.C. RIN: 0910–AG30 can be used to compound drug products 556 and 557). Although, standard in accordance with section 503A of the practice is not to include formal 221. Mammography Quality Standards Federal Food, Drug, and Cosmetic Act rulemaking in the Unified Agenda, this Act (FD&C Act), although they are neither rule is included to highlight the de- Regulatory Plan: This entry is Seq. the subject of an applicable United regulatory work in this space. No. 37 in part II of this issue of the States Pharmacopeia (USP) or National Timetable: Federal Register. Formulary (NF) monograph nor RIN: 0910–AH04 components of FDA-approved drugs Action Date FR Cite (the 503A Bulks List). The final rule will 222. General and Plastic Surgery amend the 503A Bulks List by placing ANPRM ...... 07/03/03 68 FR 39873 Devices: Restricted Sale, Distribution, five additional bulk drug substances on ANPRM Comment 10/01/03 and Use of Sunlamp Products the list. This rule will also identify 26 Period End. E.O. 13771 Designation: Regulatory. bulk drug substances that FDA has NPRM ...... 01/15/09 74 FR 2443 Legal Authority: 21 U.S.C. 360j(e) considered and decided not to include NPRM Comment 04/29/09 Period End. Abstract: This rule will apply device on the 503A Bulks List. Additional Final Rule ...... 11/00/20 restrictions to sunlamp products. substances nominated by the public for VerDate Sep<11>2014 20:29 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP8.SGM 31MRP8 jbell on DSKJLSW7X2PROD with PROPOSALS8 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16899 Regulatory Flexibility Analysis DEPARTMENT OF HEALTH AND antihistamine active ingredients. This Required: Yes. HUMAN SERVICES (HHS) proposed rule is the result of collaboration under the U.S. Canada Agency Contact: Terri Wenger, Food Food and Drug Administration (FDA) Technologist, Department of Health and Regulatory Cooperation Council as part Human Services, Food and Drug Completed Actions of efforts to reduce unnecessary duplication and differences. This pilot Administration, Center for Food Safety 226. Postmarketing Safety Reporting exercise will help determine the and Applied Nutrition, 5001 Campus Requirements for Human Drug and feasibility of developing an ongoing Biological Products Drive, College Park, MD 20740, Phone: mechanism for alignment in review and 240 402–2371, Email: terri.wenger@ E.O. 13771 Designation: Regulatory. adoption of certain aspects of the OTC fda.hhs.gov. Legal Authority: 42 U.S.C. 216; 42 Drug Review. RIN: 0910–AI40 U.S.C. 241; 42 U.S.C. 242a; 42 U.S.C. Completed: 262 and 263; 42 U.S.C. 263a; 42 U.S.C. 264; 42 U.S.C. 300aa–25; 21 U.S.C. 321; Reason Date FR Cite 21 U.S.C. 331; 21 U.S.C. 351 to 353; 21 DEPARTMENT OF HEALTH AND U.S.C. 355; 21 U.S.C. 360; 21 U.S.C. Withdrawn ...... 11/23/20 HUMAN SERVICES (HHS) 360b to 360f; 21 U.S.C. 360i to 360j; 21 Regulatory Flexibility Analysis Food and Drug Administration (FDA) U.S.C. 371; 21 U.S.C. 374; 21 U.S.C. 379 Abstract: The proposed rule would Required: Yes. Long-Term Actions amend the postmarketing safety Agency Contact: Janice Adams-King, reporting regulations for human drugs Phone: 301 796–3713, Fax: 301 796– 225. Acute Nicotine Toxicity Warnings and biological products including blood 9899, Email: janice.adams-king@ for E-Liquids and blood products in order to better fda.hhs.gov. RIN: 0910–AF31 E.O. 13771 Designation: Regulatory. align FDA requirements with guidelines of the International Council on 228. Food Labeling; Gluten-Free Legal Authority: 21 U.S.C. 301 et seq.; Harmonisation of Technical Labeling of Fermented or Hydrolyzed 21 U.S.C. 331; 21 U.S.C. 371; 21 U.S.C. Requirements for Registration of Foods 374; 21 U.S.C. 387 Pharmaceuticals for Human Use (ICH), E.O. 13771 Designation: Regulatory. Abstract: This rule would establish and to update reporting requirements in Legal Authority: Sec. 206 of the Food acute nicotine toxicity warning light of current pharmacovigilance Allergen Labeling and Consumer requirements for liquid nicotine and practice and safety information sources Protection Act; 21 U.S.C. 343(a)(1); 21 nicotine-containing e-liquid(s) that are and enhance the quality of safety reports U.S.C. 321(n); 21 U.S.C. 371(a) made or derived from tobacco and received by FDA. Revisions to the Abstract: This final rule would intended for human consumption, and postmarketing safety reporting establish requirements concerning potentially for other tobacco products requirements were proposed as part of ‘‘gluten-free’’ labeling for foods that are including, but not limited to, novel a single rulemaking (68 FR 12406) to fermented or hydrolyzed or that contain tobacco products such as dissolvables, clarify and revise both premarketing and fermented or hydrolyzed ingredients. lotions, gels, and drinks. This action is postmarketing safety reporting These additional requirements for the intended to increase consumer requirements for human drug and ‘‘gluten-free’’ labeling rule are needed to awareness and knowledge of the risks of biological products. FDA is reproposing help ensure that individuals with celiac the proposed postmarketing acute toxicity due to accidental nicotine disease are not misled and receive requirements with revisions. exposure from nicotine-containing e- truthful and accurate information with Premarketing safety reporting liquids in tobacco products. respect to fermented or hydrolyzed requirements were finalized in a foods labeled as ‘‘gluten-free.’’ Timetable: separate final rule published on Completed: September 29, 2010, (75 FR 59961). Action Date FR Cite Completed: Reason Date FR Cite NPRM ...... 08/00/22 Reason Date FR Cite Final Rule ...... 08/13/20 85 FR 49240 Final Rule Effec- 10/13/20 Regulatory Flexibility Analysis Withdrawn ...... 09/04/20 tive. I Required: Yes. Regulatory Flexibility Analysis Regulatory Flexibility Analysis Agency Contact: Samantha Required: Yes. Required: Yes. LohCollado, Senior Regulatory Counsel, Agency Contact: Jane E. Baluss, Agency Contact: Carol D’Lima, Phone: Department of Health and Human Phone: 301 796–3469, Fax: 301 847– 240 402–2371, Fax: 301 436–2636, Services, Food and Drug 8440, Email: [email protected]. Email: [email protected]. Administration, 10903 New Hampshire RIN: 0910–AA97 RIN: 0910–AH00 Ave., Building 71, Room G335, Silver 227. Over-the-Counter (OTC) Drug 229. Testing Standards for Batteries Spring, MD 20993, Phone: 877 287– Review—Cough/Cold (Antihistamine) and Battery Management Systems in 1373, Fax: 877 287–1426, Email: Products Battery-Operated Tobacco Products [email protected]. E.O. 13771 Designation: Deregulatory. E.O. 13771 Designation: Regulatory. RIN: 0910–AH24 Legal Authority: 21 U.S.C. 321p; 21 Legal Authority: 21 U.S.C. 301 et seq.; U.S.C. 331; 21 U.S.C. 351 to 353; 21 21 U.S.C. 371; 21 U.S.C. 387b; 21 U.S.C. U.S.C. 355; 21 U.S.C. 360; 21 U.S.C. 371 387g; 21 U.S.C. 387i Abstract: FDA will be proposing a Abstract: This rule would propose to rule to add the common cold indication establish a product standard to require to certain over-the-counter (OTC) testing standards for batteries used in VerDate Sep<11>2014 20:29 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP8.SGM 31MRP8 jbell on DSKJLSW7X2PROD with PROPOSALS8 16900 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda electronic nicotine delivery systems improving patient access to health experience with this system. The (ENDS) and require design protections information. proposed rule describes changes to the including a battery management system Timetable: amounts and factors used to determine for ENDS using batteries and protective payment rates for services. In addition, housing for replaceable batteries. This Action Date FR Cite the rule proposes changes to the product standard would protect the ambulatory surgical center payment NPRM ...... 12/00/20 safety of users of battery-powered system list of services and rates. This tobacco products and will help to proposed rule would also update and Regulatory Flexibility Analysis streamline the FDA premarket review refine the requirements for the Hospital Required: Yes. process, ultimately reducing the burden Agency Contact: Alexandra Mugge, Outpatient Quality Reporting (OQR) on both manufacturers and the Agency. Deputy Chief Health Informatics Officer, Program and the ASC Quality Reporting The proposed rule would be applicable Department of Health and Human (ASCQR) Program. to tobacco products that include a non- Services, Centers for Medicare & Timetable: user replaceable battery as well as Medicaid Services, Office of the Action Date FR Cite products that include a user replaceable Administrator, MS: C5–02–00, 7500 battery. Security Boulevard, Baltimore, MD NPRM ...... 06/00/21 Completed: 21244, Phone: 410 786–4457, Email: [email protected]. Reason Date FR Cite Regulatory Flexibility Analysis RIN: 0938–AT99 Required: Yes. Withdrawn ...... 09/04/20 231. • CY 2022 Revisions to Payment Agency Contact: Elise Barringer, Policies Under the Physician Fee Health Insurance Specialist, Department Regulatory Flexibility Analysis Schedule and Other Revisions to of Health and Human Services, Centers Required: Yes. Medicare Part B (CMS–1751) (Section for Medicare & Medicaid Services, Agency Contact: Nathan Mease, 610 Review) Center for Medicare, MS: C4–03–06, Phone: 877 287–1373, Email: 7500 Security Boulevard, Baltimore, MD E.O. 13771 Designation: Other. 21244, Phone: 410 786–9222, Email: [email protected]. Legal Authority: 42 U.S.C. 1302; 42 [email protected]. RIN: 0910–AH90 U.S.C. 1395hh Abstract: This annual proposed rule RIN: 0938–AU43 would revise payment polices under the 233. • Hospital Inpatient Prospective DEPARTMENT OF HEALTH AND Medicare physician fee schedule, and Payment Systems for Acute Care HUMAN SERVICES (HHS) make other policy changes to payment Hospitals; the Long-Term Care Hospital under Medicare Part B. These changes Prospective Payment System; and FY Centers for Medicare & Medicaid would apply to services furnished 2022 Rates (CMS–1752) (Section 610 Services (CMS) beginning January 1, 2022. Additionally, Review) this rule proposes updates to the Proposed Rule Stage E.O. 13771 Designation: Other. Quality Payment Program. Legal Authority: 42 U.S.C. 1302; 42 230. Medicaid Programs Reducing Timetable: Provider and Patient Burden, and U.S.C. 1395hh Promoting Patients’ Electronic Access Action Date FR Cite Abstract: This annual proposed rule to Health Information (CMS–9123) would revise the Medicare hospital NPRM ...... 06/00/21 inpatient and long-term care hospital E.O. 13771 Designation: Regulatory. prospective payment systems for Legal Authority: 42 U.S.C. 1302 Regulatory Flexibility Analysis operating and capital-related costs. This Abstract: This proposed rule would Required: Yes. proposed rule would implement place new requirements on state Agency Contact: Marge Watchorn, changes arising from our continuing Medicaid and CHIP fee-for-service (FFS) Deputy Director, Division of Practitioner experience with these systems. In programs, Medicaid managed care Services, Department of Health and addition, the rule proposes to establish plans, CHIP managed care entities, and Human Services, Centers for Medicare & new requirements or revise existing Qualified Health Plan (QHP) issuers on Medicaid Services, Center for Medicare, requirements for quality reporting by the Federally-facilitated Exchanges MS: C4–01–15, 7500 Security specific Medicare providers. (FFEs) to improve the electronic Boulevard, Baltimore, MD 21244, Timetable: exchange of health care data, and Phone: 410 786–4361, Email: streamline processes related to prior [email protected]. Action Date FR Cite authorization, while continuing CMS’ RIN: 0938–AU42 drive toward interoperability, and NPRM ...... 04/00/21 • reducing burden in the health care 232. CY 2022 Hospital Outpatient PPS market. In addition, on behalf of the Policy Changes and Payment Rates and Regulatory Flexibility Analysis Department of Health and Human Ambulatory Surgical Center Payment Required: Yes. Service (HHS), the Office of the National System Policy Changes and Payment Agency Contact: Donald Thompson, Coordinator for Health Information Rates (CMS–1753) (Section 610 Review) Director, Division of Acute Care, Technology (ONC) is proposing the E.O. 13771 Designation: Other. Department of Health and Human adoption of certain specified Legal Authority: 42 U.S.C. 1302; 42 Services, Centers for Medicare & implementation guides (IGs) needed to U.S.C. 1395hh Medicaid Services, Center for Medicare, support the proposed Application Abstract: This annual proposed rule MS: C4–08–06, 7500 Security Programming Interface (API) policies would revise the Medicare hospital Boulevard, Baltimore, MD 21244, included in this rule. Each of these outpatient prospective payment system Phone: 410 786–6504, Email: elements plays a key role in reducing to implement statutory requirements [email protected]. overall payer and provider burden and and changes arising from our continuing RIN: 0938–AU44 VerDate Sep<11>2014 20:29 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP8.SGM 31MRP8 jbell on DSKJLSW7X2PROD with PROPOSALS8 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16901 DEPARTMENT OF HEALTH AND separately payable Part B drugs and 237. CY 2021 Hospital Outpatient PPS HUMAN SERVICES (HHS) biologicals. Policy Changes and Payment Rates and Ambulatory Surgical Center Payment Centers for Medicare & Medicaid Timetable: System Policy Changes and Payment Services (CMS) Action Date FR Cite Rates (CMS–1736) (Section 610 Review) Final Rule Stage E.O. 13771 Designation: Regulatory. ANPRM ...... 10/30/18 83 FR 54546 234. Durable Medical Equipment Fee ANPRM Comment 12/31/18 Legal Authority: 42 U.S.C. 1302; 42 Schedule, Adjustments To Resume the Period End. U.S.C. 1395hh Transitional 50/50 Blended Rates To Interim Final Rule 11/27/20 85 FR 76180 Abstract: This annual final rule Provide Relief in Non-Competitive Interim Final Rule 11/27/20 revises the Medicare hospital outpatient Bidding Areas (CMS–1687) (Section 610 Effective. prospective payment system to Review) Interim Final Rule 01/26/21 implement statutory requirements and Comment Pe- changes arising from our continuing E.O. 13771 Designation: Other. riod End. experience with this system. The rule Legal Authority: 42 U.S.C. 1302, Final Action ...... 11/00/23 describes changes to the amounts and 1395hh, and 1395rr(b)(l)); Pub. L. 114– factors used to determine payment rates 255, sec. 5004(b), 16007(a) and 16008 Regulatory Flexibility Analysis for services. In addition, the rule Abstract: This final rule follows the Required: Yes. implements changes to the ambulatory interim final rule that published May surgical center payment system list of 11, 2018, and extended the end of the Agency Contact: Andrew York, Social Science Research Analyst, Department services and rates. This rule also transition period from June 30, 2016, to updates and refines the requirements for December 31, 2016 for phasing in of Health and Human Services, Centers for Medicare & Medicaid Services, the Hospital Outpatient Quality adjustments to the fee schedule amounts Reporting (OQR) Program and the ASC for certain durable medical equipment Center for Medicare and Medicaid Innovation, MS: WB–06–05, 7500 Quality Reporting (ASCQR) Program. (DME) and enteral nutrition paid in Timetable: areas not subject to the Durable Medical Security Boulevard, Baltimore, MD 21244, Phone: 410 786–8945, Email: Equipment, Prosthetics, Orthotics, and Action Date FR Cite Supplies (DMEPOS) Competitive [email protected]. Bidding Program (CBP). In addition, the RIN: 0938–AT91 NPRM ...... 08/12/20 85 FR 48772 interim rule amended the regulation to 236. CY 2021 Revisions to Payment NPRM Comment 10/05/20 resume the transition period for items Period End. Policies Under the Physician Fee Final Action ...... 01/00/21 furnished from August 1, 2017, through Schedule and Other Revisions to December 31, 2018. The interim rule Medicare Part B (CMS–1734) (Section Regulatory Flexibility Analysis also made technical amendments to 610 Review) existing regulations for DMEPOS items Required: Yes. and services to exclude infusion drugs E.O. 13771 Designation: Regulatory. Agency Contact: Elise Barringer, Health Insurance Specialist, Department used with DME from the DMEPOS CBP. Legal Authority: 42 U.S.C. 1302; 42 Timetable: of Health and Human Services, Centers U.S.C. 1395hh for Medicare & Medicaid Services, Action Date FR Cite Abstract: This annual final rule Center for Medicare, MS: C4–03–06, revises payment polices under the 7500 Security Boulevard, Baltimore, MD Interim Final Rule 05/11/18 83 FR 21912 Medicare physician fee schedule, and 21244, Phone: 410 786–9222, Email: Interim Final Rule 07/09/18 makes other policy changes to payment [email protected]. Comment Pe- under Medicare Part B. These changes RIN: 0938–AU12 riod End. apply to services furnished beginning Final Action to be 05/00/21 January 1, 2021. Additionally, this rule Merged With updates the Quality Payment Program. 0938–AU17. DEPARTMENT OF HEALTH AND Timetable: HUMAN SERVICES (HHS) Regulatory Flexibility Analysis Required: Yes. Action Date FR Cite Centers for Medicare & Medicaid Agency Contact: Alexander Ullman, Services (CMS) NPRM ...... 08/17/20 85 FR 50074 Health Insurance Specialist, Department NPRM Comment 10/05/20 Long-Term Actions of Health and Human Services, Centers Period End. 238. Requirements for Long-Term Care for Medicare & Medicaid Services, Final Action ...... 01/00/21 Center for Medicare, MS: C5–07–26, Facilities: Regulatory Provisions To 7500 Security Boulevard, Baltimore, MD Promote Increased Safety (CMS–3347) Regulatory Flexibility Analysis (Section 610 Review) 21244, Phone: 410 786–9671, Email: Required: Yes. [email protected]. E.O. 13771 Designation: Deregulatory. RIN: 0938–AT21 Agency Contact: Marge Watchorn, Legal Authority: secs. 1819 and 1919 Deputy Director, Division of Practitioner of the Social Security Act; sec. 235. International Pricing Index Model Services, Department of Health and 1819(d)(4)(B) and 1919(d)(4)(B) of the for Medicare Part B Drugs (CMS–5528) Human Services, Centers for Medicare & Social Security Act; sec. 1819(b)(1)(A) (Section 610 Review) Medicaid Services, Center for Medicare, and 1919 (b)(1)(A) of the Social Security E.O. 13771 Designation: Regulatory. MS: C4–01–15, 7500 Security Act Legal Authority: Social Security Act, Boulevard, Baltimore, MD 21244, Abstract: This final rule reforms the sec. 1115A Phone: 410 786–4361, Email: requirements that long-term care Abstract: This rule finalizes testing [email protected]. facilities must meet to participate in the changes to payment for certain RIN: 0938–AU10 Medicare and Medicaid programs in VerDate Sep<11>2014 20:29 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP8.SGM 31MRP8 jbell on DSKJLSW7X2PROD with PROPOSALS8 16902 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda order to support the provision of safe 240. Transparency in Coverage (CMS– Legal Authority: 42 U.S.C. 1302; 42 care and preserve access to care. 9915) U.S.C. 1395f; 42 U.S.C. 1395g; 42 U.S.C. Timetable: E.O. 13771 Designation: Regulatory. 1395hh; . . . Legal Authority: 42 U.S.C. 18031; 42 Abstract: This annual final rule Action Date FR Cite U.S.C. 300gg–15a updates the prospective payment rates Abstract: This final rule would NPRM ...... 07/18/19 84 FR 34737 for inpatient psychiatric facilities (IPF) NPRM Comment 09/16/19 implement portions of Executive Order with discharges beginning on October 1, Period End. 13877 (‘‘Improving Price and Quality 2020. Final Action ...... 07/00/22 Transparency in American Healthcare to Timetable: I I Put Patients First’’, June 24, 2019), Regulatory Flexibility Analysis which provides that the Secretaries of Action Date FR Cite Required: Yes. Health and Human Services, the Agency Contact: Diane Corning, Treasury, and Labor will facilitate NPRM ...... 04/14/20 85 FR 20625 NPRM Comment 06/09/20 Health Insurance Specialist, Department access to information about expected health care costs for patients before they Period End. of Health and Human Services, Centers Final Action ...... 08/04/20 85 FR 47042 for Medicare & Medicaid Services, receive care. Completed: Final Action Effec- 10/01/20 Center for Clinical Standards and tive. Quality, MS: S3–02–01, 7500 Security Reason Date FR Cite Boulevard, Baltimore, MD 21244, Regulatory Flexibility Analysis Phone: 410 786–8486, Email: Final Action ...... 11/12/20 85 FR 72158 Required: Yes. [email protected]. Final Action Effec- 01/11/21 RIN: 0938–AT36 tive. Agency Contact: Sherlene Jacques, I I Health Insurance Specialist, Department Regulatory Flexibility Analysis of Health and Human Services, Centers Required: Yes. for Medicare & Medicaid Services, DEPARTMENT OF HEALTH AND Agency Contact: Deborah Bryant, Center for Medicare, MS: C5–04–27, HUMAN SERVICES (HHS) Phone: 301 493–4293, Email: 7500 Security Boulevard, Baltimore, MD Centers for Medicare & Medicaid [email protected]. 21244, Phone: 410 786–0510, Email: Services (CMS) RIN: 0938–AU04 [email protected]. RIN: 0938–AU07 Completed Actions 241. FY 2021 Inpatient Rehabilitation Facility (IRF) Prospective Payment 243. Hospital Inpatient Prospective 239. Organ Procurement Organizations System Rate Update (CMS–1729) Payment Systems for Acute Care (OPOS) (CMS–3380) (Completion of a (Completion of a Section 610 Review) Hospitals; the Long-Term Care Hospital Section 610 Review) E.O. 13771 Designation: Other. Prospective Payment System; and FY E.O. 13771 Designation: Regulatory. Legal Authority: 42 U.S.C. 1302; 42 2021 Rates (CMS–1735) (Section 610 Legal Authority: 42 U.S.C. 1395hh; 42 U.S.C. 1395hh Review) U.S.C. 1302 Abstract: This annual final rule E.O. 13771 Designation: Regulatory. Abstract: This final rule revises the updates the prospective payment rates Organ Procurement Organization (OPO) for inpatient rehabilitation facilities Legal Authority: 42 U.S.C. 1302; 42 Conditions for Coverage (CfCs) to (IRFs) for fiscal year 2021. U.S.C. 1395hh increase donation rates and organ Timetable: Abstract: This annual final rule transplantation rates by replacing the revises the Medicare hospital inpatient current measures with new transparent, Action Date FR Cite and long-term care hospital prospective reliable, and objective measures. NPRM ...... 04/21/20 85 FR 22065 payment systems for operating and Timetable: NPRM Comment 06/15/20 capital-related costs. This rule Period End. implements changes arising from our Action Date FR Cite Final Action ...... 08/10/20 85 FR 48424 continuing experience with these Final Action Effec- 10/01/20 systems. In addition, the rule establishes NPRM ...... 12/23/19 84 FR 70628 tive. new requirements or revises existing NPRM Comment 02/21/20 requirements for quality reporting by Period End. Regulatory Flexibility Analysis specific Medicare providers. Final Action ...... 12/02/20 85 FR 77898 Required: Yes. Final Action Effec- 02/01/21 Agency Contact: Gwendolyn Johnson, Completed: tive. Health Insurance Specialist, Department Reason Date FR Cite of Health and Human Services, Centers Regulatory Flexibility Analysis for Medicare & Medicaid Services, Required: Yes. NPRM ...... 05/29/20 85 FR 32460 Center for Medicare, MS: C5–06–27, Final Action ...... 09/18/20 85 FR 58342 Agency Contact: Alpha-Banu Wilson, 7500 Security Boulevard, Baltimore, MD Final Action Effec- 10/01/20 Health Insurance Specialist, Department 21244, Phone: 410 786–6954, Email: tive. of Health and Human Services, Centers [email protected]. I for Medicare & Medicaid Services, RIN: 0938–AU05 Regulatory Flexibility Analysis Center for Clinical Standards and Required: Yes. Quality, MS: S3–02–01, 7500 Security 242. FY 2021 Inpatient Psychiatric Boulevard, Baltimore, MD 21244, Facilities Prospective Payment System Agency Contact: Donald Thompson, Phone: 410 786–8687, Email: Rate Updates (CMS–1731) (Completion Phone: 410 786–6504, Email: [email protected]. of a Section 610 Review) [email protected]. RIN: 0938–AU02 E.O. 13771 Designation: Other. RIN: 0938–AU11 VerDate Sep<11>2014 20:29 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP8.SGM 31MRP8 jbell on DSKJLSW7X2PROD with PROPOSALS8 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16903 244. • Clinical Laboratory Improvement Action Date FR Cite 2000. In particular, the regulations need Amendments and Patient Protection to address changes made in section and Affordable Care Act; Additional Interim Final Rule 11/02/20 404(e) of the Social Security Act as Policy and Regulatory Revisions in Comment Pe- amended in 1999, Uniform riod End. Response To The Covid–19 Public I I Administrative Requirements, Cost Principles, and Audit Requirement for Health Emergency (CMS–3401) Regulatory Flexibility Analysis (Completion of a Section 610 Review) HHS Awards (45 CFR part 75)—Part 75 Required: Yes. Uniform Administrative Requirements, Agency Contact: CDR Scott J. Cooper, E.O. 13771 Designation: Other. Cost Principles, and Audit Health Insurance Specialist, Clinical Requirements for HHS Awards, Public Legal Authority: 42 U.S.C. 1302; 42 Standards Group, Department of Health Law 106–107, the ‘‘Federal Financial U.S.C. 1395hh; 42 U.S.C. 1395rr and Human Services, Centers for Assistance Management, Improvement Medicare & Medicaid Services, 7500 Abstract: This interim final rule with Act of 1999’’ (Nov. 20, 1999), and Security Boulevard, Mail Stop S3–02– comment period (IFC) strengthens CMS’ various minor technical changes. While ability to enforce compliance with 01, Baltimore, MD 21244, Phone: 410 786–9465, Email: scott.cooper@ some of these changes have been Medicare and Medicaid Requirements addressed and communicated to the for Participation, improves Long-Term cms.hhs.gov. RIN: 0938–AU33 public and grantees via program Care (LTC) Facilities for Infection instructions and information Control including reporting on memoranda, the regulations themselves information related to COVID–19 by are now inconsistent with current law specifying penalty amounts, revises DEPARTMENT OF HEALTH AND and policy. regulations for tracking the incidence HUMAN SERVICES (HHS) Timetable: and impact of COVID–19 in hospitals Administration for Children and and CAHs to assist public health Families (ACF) Action Date FR Cite officials in detecting outbreaks and saving lives, and requires all CLIA Proposed Rule Stage NPRM ...... 07/00/21 laboratories to report SARS–CoV–2 test 245. • Updating Native Employment results in such form and manner, and at Works Requirements (Rulemaking Regulatory Flexibility Analysis Required: No. such timing and frequency, as the Resulting From a Section 610 Review) Secretary during the Secretary’s Public Agency Contact: Tonya Ann Davis, E.O. 13771 Designation: Regulatory. Program Specialist, Department of Health Emergency (PHE) declaration Legal Authority: 42 U.S.C. 612 with respect to COVID19. Abstract: The rule would update NEW Health and Human Services, Administration for Children and Timetable: regulations at 45 CFR part 287 to avoid inconsistencies and reflect the changes Families, 330 C Street SW, Room 3020, Washington, DC 20201, Phone: 202 401– Action Date FR Cite that have been made to the NEW statute and Administration for Children and 4851, Email: [email protected]. Interim Final Rule 09/02/20 85 FR 54820 Families (ACF) grant policy and RIN: 0970–AC83 Interim Final Rule 09/02/20 procedures since the current [FR Doc. 2021–04943 Filed 3–30–21; 8:45 am] Effective. I I regulation’s publication on February 18, BILLING CODE 4150–03–P VerDate Sep<11>2014 20:29 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP8.SGM 31MRP8 jbell on DSKJLSW7X2PROD with PROPOSALS8 VerDate Mar 15 2010 04:16 Oct 27, 2011 Jkt 000000 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 C:\DOCS\BLANK.FR DEV003 FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part IX Department of Homeland Security Semiannual Regulatory Agenda VerDate Sep<11>2014 20:36 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP9.SGM 31MRP9 jbell on DSKJLSW7X2PROD with PROPOSALS9 16906 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda DEPARTMENT OF HOMELAND of the General Counsel, U.S. Department Beginning in fall 2007, the internet SECURITY of Homeland Security, 2707 Martin became the basic means for Luther King Jr. Avenue SE, Mail Stop disseminating the Unified Agenda. The Office of the Secretary 0485, Washington, DC 20528–0485. complete Unified Agenda is available online at www.reginfo.gov. 6 CFR Chs. I and II Specific The Regulatory Flexibility Act (5 [DHS Docket No. OGC–RP–04–001] Please direct specific comments and U.S.C. 602) requires Federal agencies to inquiries on individual actions publish their regulatory flexibility Unified Agenda of Federal Regulatory identified in this agenda to the agendas in the Federal Register. A and Deregulatory Actions individual listed in the summary regulatory flexibility agenda shall portion as the point of contact for that contain, among other things, a brief AGENCY: Office of the Secretary, DHS. action. ACTION: Semiannual regulatory agenda. description of the subject area of any SUPPLEMENTARY INFORMATION: DHS rule which is likely to have a significant SUMMARY: This regulatory agenda is a provides this notice pursuant to the economic impact on a substantial semiannual summary of projected requirements of the Regulatory number of small entities. DHS’s printed regulations, existing regulations, and Flexibility Act (Pub. L. 96–354, Sept. 19, agenda entries include regulatory completed actions of the Department of 1980) and Executive Order 12866 actions that are in the Department’s Homeland Security (DHS) and its ‘‘Regulatory Planning and Review’’ regulatory flexibility agenda. Printing of components. This agenda provides the (Sept. 30, 1993) as incorporated in these entries is limited to fields that public with information about DHS’s Executive Order 13563 ‘‘Improving contain information required by the regulatory and deregulatory activity. Regulation and Regulatory Review’’ agenda provisions of the Regulatory DHS expects that this information will (Jan. 18, 2011) and Executive Order Flexibility Act. Additional information enable the public to be more aware of, 13771 ‘‘Reducing Regulation and on these entries is available in the and effectively participate in, the Controlling Regulatory Costs’’ (Jan. 30, Unified Agenda published on the Department’s regulatory and 2017), which require the Department to internet. publish a semiannual agenda of deregulatory activity. DHS invites the The semiannual agenda of the regulations. The regulatory agenda is a public to submit comments on any Department conforms to the Unified summary of existing and projected aspect of this agenda. Agenda format developed by the regulations as well as actions completed FOR FURTHER INFORMATION CONTACT: Regulatory Information Service Center. since the publication of the last General regulatory agenda for the Department. Dated: September 4, 2020. Please direct general comments and DHS’s last semiannual regulatory Christina E. McDonald, inquiries on the agenda to the agenda was published on August 26, Associate General Counsel for Regulatory Regulatory Affairs Law Division, Office 2020, at 85 FR 52715. Affairs. OFFICE OF THE SECRETARY—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 246 ...... Homeland Security Acquisition Regulation, Enhancement of Whistleblower Protections for Contractor Em- 1601–AA72 ployees. 247 ...... Homeland Security Acquisition Regulation: Safeguarding of Controlled Unclassified Sensitive Information 1601–AA76 (HSAR Case 2015–001). 248 ...... Homeland Security Acquisition Regulation: Information Technology Security Awareness Training (HSAR 1601–AA78 Case 2015–002). U.S. CITIZENSHIP AND IMMIGRATION SERVICES—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 249 ...... Removing H–4 Dependent Spouses From the Classes of Aliens Eligible for Employment Authorization ..... 1615–AC15 250 ...... Employment Authorization for Certain Classes of Aliens With Final Orders of Removal (Reg Plan Seq 1615–AC40 No. 43). 251 ...... Short-Term Extension for E-Verify Employers in the H–2A Program ...... 1615–AC51 References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. U.S. CITIZENSHIP AND IMMIGRATION SERVICES—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 252 ...... Removal of International Entrepreneur Parole Program ...... 1615–AC04 253 ...... Collection and Use of Biometrics by U.S. Citizenship and Immigration Services (Reg Plan Seq No. 46) ... 1615–AC14 References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. VerDate Sep<11>2014 20:36 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP9.SGM 31MRP9 jbell on DSKJLSW7X2PROD with PROPOSALS9 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16907 U.S. CITIZENSHIP AND IMMIGRATION SERVICES—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 254 ...... Requirements for Filing Motions and Administrative Appeals ...... 1615–AB98 255 ...... EB–5 Immigrant Investor Regional Center Program ...... 1615–AC11 256 ...... U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Ben- 1615–AC18 efit Request Requirements. 257 ...... Electronic Processing of USCIS Immigration Benefit Requests ...... 1615–AC20 U.S. CITIZENSHIP AND IMMIGRATION SERVICES—COMPLETED ACTIONS Regulation Sequence No. Title Identifier No. 258 ...... Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I–765 Employment Author- 1615–AC19 ization Applications. 259 ...... Asylum Application, Interview, and Employment Authorization for Applicants ...... 1615–AC27 U.S. COAST GUARD—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 260 ...... Lifejacket Approval Harmonization ...... 1625–AC62 U.S. COAST GUARD—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 261 ...... Claims Procedures Under the Oil Pollution Act of 1990 (USCG–2004–17697) ...... 1625–AA03 262 ...... Commercial Fishing Vessels—Implementation of 2010 and 2012 Legislation ...... 1625–AB85 263 ...... Financial Responsibility—Vessels; Superseded Pollution Funds (USCG–2017–0788) ...... 1625–AC39 U.S. CUSTOMS AND BORDER PROTECTION—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 264 ...... Implementation of the Guam-CNMI Visa Waiver Program (Section 610 Review) ...... 1651–AA77 U.S. CUSTOMS AND BORDER PROTECTION—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 265 ...... Importer Security Filing and Additional Carrier Requirements (Section 610 Review) ...... 1651–AA70 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 266 ...... Visa Security Program Fee ...... 1653–AA77 267 ...... Adjusting Program Fees for the Student and Exchange Visitor Program (Reg Plan Seq No. 57) ...... 1653–AA81 References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 268 ...... Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant 1653–AA78 Academic Students, Exchange Visitors, and Representatives of Foreign Information Media (Reg Plan Seq No. 59). References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. VerDate Sep<11>2014 20:36 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP9.SGM 31MRP9 jbell on DSKJLSW7X2PROD with PROPOSALS9 16908 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT—COMPLETED ACTIONS Regulation Sequence No. Title Identifier No. 269 ...... Procedures and Standards for Declining Surety Immigration Bonds and Administrative Appeal Require- 1653–AA67 ment for Breaches. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 270 ...... Ammonium Nitrate Security Program (Reg Plan Seq No. 62) ...... 1670–AA00 References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 271 ...... Chemical Facility Anti-Terrorism Standards (CFATS) ...... 1670–AA01 DEPARTMENT OF HOMELAND 20528, Phone: 202 447–0956, Email: Agency Contact: Shaundra Duggans, SECURITY (DHS) [email protected]. Procurement Analyst, Department of RIN: 1601–AA72 Homeland Security, Office of the Chief Office of the Secretary (OS) Procurement Officer, Acquisition Policy 247. Homeland Security Acquisition Long-Term Actions and Legislation, 245 Murray Lane SW, Regulation: Safeguarding of Controlled Washington, DC 20528, Phone: 202 447– 246. Homeland Security Acquisition Unclassified Sensitive Information 0056, Email: shaundra.duggans@ Regulation, Enhancement of (HSAR Case 2015–001) hq.dhs.gov. Whistleblower Protections for E.O. 13771 Designation: Fully or Nancy Harvey, Policy Analyst, Contractor Employees Partially Exempt. Department of Homeland Security, E.O. 13771 Designation: Other. Legal Authority: 5 U.S.C. 301 to 302; Office of the Chief Procurement Officer, Legal Authority: Sec. 827 of the 41 U.S.C. 1302, 1303 and 1707 Room 3636–15, 301 7th Street SW, National Defense Authorization Act Abstract: This Homeland Security Washington, DC 20528, Phone: 202 447– (NDAA) for Fiscal Year 2013, (Pub. L. Acquisition Regulation (HSAR) rule 0956, Email: [email protected]. 112–239, enacted January 2, 2013); 41 would implement security and privacy RIN: 1601–AA76 U.S.C. 1302(a)(2) and 1707 measures to ensure Controlled Abstract: The Department of Unclassified Information (CUI), such as 248. Homeland Security Acquisition Homeland Security (DHS) is proposing Personally Identifiable Information (PII), Regulation: Information Technology to amend its Homeland Security is adequately safeguarded by DHS Security Awareness Training (HSAR Acquisition Regulation (HSAR) parts contractors. Specifically, the rule would Case 2015–002) 3003 and 3052 to implement section 827 define key terms, outline security E.O. 13771 Designation: Fully or of the National Defense Authorization requirements and inspection provisions Partially Exempt. Act (NDAA) for Fiscal Year (FY) 2013 for contractor information technology Legal Authority: 5 U.S.C. 301 and 302; (Pub. L. 112–239, enacted January 2, (IT) systems that store, process or 41 U.S.C. 1707, 1302 and 1303 2013) for the United States Coast Guard transmit CUI, institute incident Abstract: This Homeland Security (USCG). Section 827 of the NDAA for notification and response procedures, Acquisition Regulation (HSAR) rule FY 2013 established enhancements to and identify post-incident credit would standardize information the Whistleblower Protections for monitoring requirements. technology security awareness training Contractor Employees for all agencies Timetable: and DHS Rules of Behavior subject to section 2409 of title 10, requirements for contractor and United States Code, which includes the Action Date FR Cite subcontractor employees who access USCG. DHS information systems and Timetable: NPRM ...... 01/19/17 82 FR 6429 NPRM Comment 03/20/17 information resources or contractor- Period End. owned and/or operated information Action Date FR Cite NPRM Comment 03/20/17 82 FR 14341 systems and information resources capable of collecting, processing, NPRM ...... To Be Determined Period Ex- tended. storing, or transmitting controlled NPRM Comment 04/19/17 Regulatory Flexibility Analysis unclassified information (CUI). Period Ex- Timetable: Required: Yes. tended End. Agency Contact: Nancy Harvey, Action Date FR Cite Policy Analyst, Department of Final Rule ...... To Be Determined Homeland Security, Office of the Chief NPRM ...... 01/19/17 82 FR 6446 Procurement Officer, Room 3636–15, Regulatory Flexibility Analysis NPRM Comment 03/20/17 301 7th Street SW, Washington, DC Required: Yes. Period End. I VerDate Sep<11>2014 20:36 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP9.SGM 31MRP9 jbell on DSKJLSW7X2PROD with PROPOSALS9 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16909 Action Date FR Cite 4S190, Camp Springs, MD 20588–0009, DEPARTMENT OF HOMELAND Phone: 240 721–3000. SECURITY (DHS) NPRM Comment 03/20/17 82 FR 14341 Period Ex- RIN: 1615–AC15 U.S. Citizenship and Immigration Services (USCIS) tended. 250. Employment Authorization for NPRM Comment 04/19/17 Certain Classes of Aliens With Final Final Rule Stage Period Ex- tended End. Orders of Removal 252. Removal of International Entrepreneur Parole Program Final Rule ...... To Be Determined Regulatory Plan: This entry is Seq. No. 43 in part II of this issue of the E.O. 13771 Designation: Regulatory. Regulatory Flexibility Analysis Federal Register. Legal Authority: 8 U.S.C. 1182(d)(5)(A) Required: Yes. RIN: 1615–AC40 Agency Contact: Shaundra Duggans, Abstract: On January 17, 2017, DHS Procurement Analyst, Department of 251. Short-Term Extension for E-Verify published the International Homeland Security, Office of the Chief Employers in the H–2A Program Entrepreneur Final Rule (the IE final Procurement Officer, Acquisition Policy rule) in the Federal Register at 82 FR and Legislation, 245 Murray Lane SW, E.O. 13771 Designation: Other. 5238, with an original effective date of Washington, DC 20528, Phone: 202 447– Legal Authority: Pub. L. 107–296, sec. July 17, 2017. On May 29, 2018, DHS 0056, Email: shaundra.duggans@ 116; 6 U.S.C. 112; 8 U.S.C. 1103(a), published a notice of proposed hq.dhs.gov. 1184(a)(1), and 1324a(h)(3)(B) rulemaking (NPRM) proposing to Nancy Harvey, Policy Analyst, remove the international entrepreneur Abstract: The Department of parole program from DHS regulations Department of Homeland Security, Homeland Security proposes to amend Office of the Chief Procurement Officer, and solicited public comments on the its regulations regarding short-term Room 3636–15, 301 7th Street SW, proposal. extensions for U.S. employers seeking Washington, DC 20528, Phone: 202 447– Timetable: 0956, Email: ≤nancy.harvey@ temporary or seasonal agricultural hq.dhs.gov. nonimmigrant workers in the H–2A Action Date FR Cite RIN: 1601–AA78 program to provide a short-term extension of the H–2A petition validity NPRM ...... 08/31/16 81 FR 60129 NPRM Comment 10/17/16 period by up to 2 weeks (14 days) to Period End. petitioning employers who are DEPARTMENT OF HOMELAND Final Rule ...... 01/17/17 82 FR 5238 participants in good standing in E- Final Rule Delay 07/11/17 82 FR 31887 SECURITY (DHS) Verify. The E-Verify petitioner may of Effective U.S. Citizenship and Immigration request the short-term extension at the Date. Services (USCIS) time of the initial H–2A petition, or the Final Rule Effec- 07/17/17 tive. Proposed Rule Stage petitioner may file a new H–2A petition NPRM—Removal 05/29/18 83 FR 24415 to request the short-term extension. This of International 249. Removing H–4 Dependent Spouses proposal would allow H–2A workers to Entrepreneur From the Classes of Aliens Eligible for continue their H–2A employment for Parole Program. Employment Authorization the same petitioner and under the same NPRM Comment 06/28/18 E.O. 13771 Designation: Other. terms and conditions as the valid Period End-Re- Legal Authority: 6 U.S.C. 112; 8 U.S.C. moval of Inter- temporary labor certification and the H– national Entre- 1103(a), 1184(a)(1) and 1324a(H)(3)(B) 2A petition without the requirement to preneur Parole Abstract: On February 25, 2015, DHS obtain a new temporary labor Program. published a final rule that amended certification from the Department of Final Action—Re- 12/00/20 DHS regulations to extend eligibility for Labor. moval of Inter- employment authorization to certain H– national Entre- 4 dependent spouses of H–1B Timetable: preneur Parole nonimmigrant workers who are seeking Program. employment-based lawful permanent Action Date FR Cite Regulatory Flexibility Analysis resident (LPR) status. DHS is publishing NPRM ...... 10/05/20 85 FR 62842 this notice of proposed rulemaking to Required: Yes. NPRM Comment 12/04/20 Agency Contact: Charles Nimick, propose to remove from its regulations Period End. this class of aliens for eligibility for I I Chief, Business and Foreign Workers employment authorization. Division, Office of Policy and Strategy, Timetable: Regulatory Flexibility Analysis Department of Homeland Security, U.S. Required: Yes. Citizenship and Immigration Services, Action Date FR Cite Agency Contact: Charles Nimick, 5900 Capital Gateway Drive, Suite Chief, Business and Foreign Workers 4S190, Camp Springs, MD 20588–0009, NPRM ...... 12/00/20 Division, Office of Policy and Strategy, Phone: 240 721–3000. RIN: 1615–AC04 Regulatory Flexibility Analysis Department of Homeland Security, U.S. Required: Yes. Citizenship and Immigration Services, 253. Collection and Use of Biometrics Agency Contact: Charles Nimick, 5900 Capital Gateway Drive, Suite by U.S. Citizenship and Immigration Chief, Business and Foreign Workers 4S190, Camp Springs, MD 20588–0009, Services Division, Office of Policy and Strategy, Phone: 240 721–3000. Regulatory Plan: This entry is Seq. Department of Homeland Security, U.S. RIN: 1615–AC51 No. 46 in part II of this issue of the Citizenship and Immigration Services, Federal Register. 5900 Capital Gateway Drive, Suite RIN: 1615–AC14 VerDate Sep<11>2014 20:36 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP9.SGM 31MRP9 jbell on DSKJLSW7X2PROD with PROPOSALS9 16910 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda DEPARTMENT OF HOMELAND for terminating regional center Action Date FR Cite SECURITY (DHS) designation. While DHS has gathered some information related to these NPRM Comment 12/16/19 U.S. Citizenship and Immigration topics, the ANPRM sought additional Period End. Services (USCIS) information that can help the NPRM Comment 12/30/19 Long-Term Actions Department make operational and Period Ex- security updates to the Regional Center tended End. 254. Requirements for Filing Motions Program while minimizing the impact of NPRM Comment 01/24/20 85 FR 4243 and Administrative Appeals such changes on regional center Period Re- opened. E.O. 13771 Designation: Other. operations and EB–5 investors. NPRM Comment 02/10/20 Legal Authority: 5 U.S.C. 552 and Timetable: Period Re- 552a; 8 U.S.C. 1101, 1103 and 1304; 6 opened End. Action Date FR Cite U.S.C. 112 Final Action ...... 08/03/20 85 FR 46788 Abstract: The Department of Correction ...... 08/17/20 85 FR 49941 Homeland Security (DHS) is proposing ANPRM ...... 01/11/17 82 FR 3211 ANPRM Comment 04/11/17 Correction ...... 08/31/20 85 FR 53645 this rule to improve the administration Period End. Final Action Effec- 10/02/20 of U.S. Citizenship and Immigration tive. Services (USCIS) appeals, motions, and NPRM ...... To Be Determined Next Action Unde- certifications. The proposed changes termined. would update and restructure the Regulatory Flexibility Analysis regulations in order to clarify and Required: Yes. Regulatory Flexibility Analysis Agency Contact: Charles Nimick, streamline the administrative review Required: Yes. process, increase efficiency, and reflect Chief, Business and Foreign Workers the establishment of DHS and its Division, Office of Policy and Strategy, Agency Contact: Kika M. Scott, Chief components. Department of Homeland Security, U.S. Financial Officer, Department of Timetable: Citizenship and Immigration Services, Homeland Security, U.S. Citizenship 5900 Capital Gateway Drive, Suite and Immigration Services, 5900 Capital Action Date FR Cite 4S190, Camp Springs, MD 20588–0009, Gateway Drive, Suite 4S190, Camp Phone: 240 721–3000. Springs, MD 20588–0009, Phone: 202 NPRM ...... 12/00/21 RIN: 1615–AC11 721–3000. Regulatory Flexibility Analysis 256. U.S. Citizenship and Immigration RIN: 1615–AC18 Required: Yes. Services Fee Schedule and Changes to Certain Other Immigration Benefit 257. Electronic Processing of USCIS Agency Contact: William K. Renwick, Immigration Benefit Requests Jr., Branch Chief, Department of Request Requirements Homeland Security, U.S. Citizenship E.O. 13771 Designation: Regulatory. E.O. 13771 Designation: Deregulatory. and Immigration Services, Legal Authority: 8 U.S.C. 1356(m) Abstract: The Department of Legal Authority: 6 U.S.C. 112; 8 U.S.C. Administrative Appeals Office, 5900 1103; 44 U.S.C. 3504 Capital Gateway Drive, Suite 4S190, Homeland Security (DHS), U.S. Camp Springs, MD 20588–0009, Phone: Citizenship and Immigration Services Abstract: The Department of 202 721–3000. (USCIS) conducted a FY 2019/2020 fee Homeland Security (DHS) will propose RIN: 1615–AB98 review for its Immigration Examinations to: (1) Set requirements for mandatory- Fee Account (IEFA), pursuant to the online submission for immigration 255. EB–5 Immigrant Investor Regional requirements of the Chief Financial benefit requests and explain the Center Program Officers Act of 1990 (CFO Act), 31 requirements associated with electronic E.O. 13771 Designation: Other. U.S.C. 901–03 and the Immigration and processing; and (2) make changes to Legal Authority: 8 U.S.C. 1153(b)(5); Nationality Act, section 286(m), 8 U.S.C. existing regulations to allow end-to-end Pub. L. 102–395, secs. 610 and 601(a); 1356(m). The CFO Act requires each digital processing. Pub. L. 107–273, sec. 11037; Pub. L. agency’s chief financial officer to Timetable: 101–649, sec. 121(a); Pub. L. 105–119, ‘‘review, on a biennial basis, the fees, sec. 116; Pub. L. 106–396, sec. 402; Pub. royalties, rents, and other charges Action Date FR Cite L. 108–156, sec. 4; Pub. L. 112–176, sec. imposed by the agency for services and things of value it provides, and make 1; Pub. L. 114–113, sec. 575; Pub. L. NPRM ...... 12/00/21 114–53, sec. 131; Pub. L. 107–273 recommendations on revising those Abstract: The Department of charges to reflect costs incurred by it in Homeland Security (DHS) is considering providing those services and things of Regulatory Flexibility Analysis making regulatory changes to the EB–5 value.’’ As a result of the FY 2019/2020 Required: Yes. Immigrant Investor Regional Center IEFA fee review, and following full Agency Contact: Michael Mayhew, Program. DHS issued an Advance consideration of public comments, DHS Chief of Staff, Immigration Records and Notice of Proposed Rulemaking published its final rule (85 FR 46788) on Identity Services Directorate, (ANPRM) to seek comment from the August 3, 2020 with an effective date of Department of Homeland Security, U.S. public on several topics, including: (1) October 2, 2020. Citizenship and Immigration Services, Timetable: The process for initially designating 5900 Capital Gateway Drive, Suite entities as regional centers, (2) a Action Date FR Cite 4S190, Camp Springs, MD 20588–0009, potential requirement for regional Phone: 202 721–3000. centers to utilize an exemplar filing NPRM ...... 11/14/19 84 FR 62280 RIN: 1615–AC20 process, (3) continued participation NPRM Comment 12/09/19 84 FR 67243 requirements for maintaining regional Period Ex- center designation; and (4) the process tended. I I VerDate Sep<11>2014 20:36 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP9.SGM 31MRP9 jbell on DSKJLSW7X2PROD with PROPOSALS9 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16911 DEPARTMENT OF HOMELAND for the purpose of obtaining Action Date FR Cite SECURITY (DHS) Employment Authorization Documents (EADs). DHS is considering public NPRM ...... 12/00/20 U.S. Citizenship and Immigration comments in development of the final Services (USCIS) rule. Regulatory Flexibility Analysis Completed Actions Required: Yes. Timetable: Agency Contact: Jacqueline M. 258. Removal of 30-Day Processing Yurkovich, Project Manager (CG– Action Date FR Cite Provision for Asylum Applicant- ENG–4), Department of Homeland Related Form I–765 Employment NPRM ...... 11/14/19 84 FR 62374 Security, U.S. Coast Guard, 2703 Martin Authorization Applications NPRM Comment 01/13/20 Luther King Jr. Avenue SE, STOP 7509, E.O. 13771 Designation: Regulatory. Period End. Washington, DC 20593–7509, Phone: Legal Authority: 8 U.S.C. 1101 and Final Action ...... 06/26/20 85 FR 38532 202 372–1389, Email: 1103; Pub. L. 103–322; 8 U.S.C. 1105a; Final Action Effec- 08/25/20 [email protected]. 8 U.S.C. 1151, 1153 and 1154; 8 U.S.C. tive. RIN: 1625–AC62 1182; 8 U.S.C. 1186a; 8 U.S.C. 1255; Pub. L. 113–4; 5 U.S.C. 801 Regulatory Flexibility Analysis Abstract: On September 9, 2019, DHS Required: Yes. DEPARTMENT OF HOMELAND issued a proposed rule that would Agency Contact: Maureen A. Dunn, SECURITY (DHS) withdraw a regulatory provision stating Chief, Humanitarian Affairs Division, that U.S. Citizenship and Immigration U.S. Coast Guard (USCG) Department of Homeland Security, U.S. Services (USCIS) has 30 days from the Citizenship and Immigration Services, Long-Term Actions date an asylum applicant files the initial Office of Policy and Strategy, 5900 Form I–765, Application for 261. Claims Procedures Under the Oil Capital Gateway Drive, Suite 4S190, Employment Authorization (EAD Pollution Act of 1990 (USCG–2004– Camp Springs, MD 20588–0009, Phone: application) to grant or deny that initial 17697) 240 721–3000. employment authorization application. E.O. 13771 Designation: Regulatory. DHS also proposed removing the RIN: 1615–AC27 Legal Authority: 33 U.S.C. 2713 and provision requiring that the application 2714 for renewal must be received by USCIS Abstract: The purpose of this project 90 days prior to the expiration of the DEPARTMENT OF HOMELAND is to remove superseded regulations at employment authorization. DHS will SECURITY (DHS) 33 Code of Federal Regulations (CFR) issue a final rule to respond to public part 135, and to finalize the Oil comments and finalize removal of these U.S. Coast Guard (USCG) Pollution Act of 1990 (OPA’90) claims provisions. Proposed Rule Stage procedures at 33 CFR part 136. The Timetable: OPA’90 claims procedures, • 260. Lifejacket Approval implementing OPA’90 section 1013 Action Date FR Cite Harmonization (Claims Procedures) and section 1014 (Designation of Source and NPRM ...... 09/09/19 84 FR 47148 E.O. 13771 Designation: Deregulatory. Advertisement), were established by an NPRM Comment 11/08/19 Legal Authority: 46 U.S.C. 3306(a); 46 Period End. interim rule, titled ‘‘Claims under the Final Action ...... 06/22/20 85 FR 37502 U.S.C. 3306(b); 46 U.S.C. 4102(a); 46 Oil Pollution Act of 1990’’ (Interim Final Action Effec- 08/21/20 U.S.C. 4102(b); 46 U.S.C. 4302(a); 46 Rule) that has not been substantively tive. U.S.C. 4502(a); 46 U.S.C. 4502(c)(2)(B) amended since it was published in Abstract: The Coast Guard proposes to 1992. This rulemaking supports the Regulatory Flexibility Analysis amend the lifejacket approval Coast Guard’s strategic goal of Required: Yes. requirements and follow-up program protection of natural resources. Agency Contact: Daniel Kane, Branch requirements by incorporating three Timetable: Chief, Service Center Operations, new bi-national standards. At the same Department of Homeland Security, U.S. time, the Coast Guard proposes to Action Date FR Cite Citizenship and Immigration Services, amend lifejacket and personal flotation Interim Final Rule 08/12/92 57 FR 36314 5900 Capital Gateway Drive, Suite devices (PFD) carriage requirements to 4S190, Camp Springs, MD 20588–0009, Correction ...... 09/09/92 57 FR 41104 allow for the use of equipment approved Interim Final Rule 12/10/92 Phone: 202 721–3000. to the new standards, and to remove Comment Pe- RIN: 1615–AC19 obsolete equipment approval riod End. 259. Asylum Application, Interview, requirements. The new standards are Notice of Inquiry .. 11/01/11 76 FR 67385 and Employment Authorization for state-of-the-art and are intended to Notice of Inquiry 01/30/12 Comment Pe- Applicants replace the legacy standards. The proposed amendments will streamline riod End. E.O. 13771 Designation: Regulatory. NPRM ...... 11/00/21 Legal Authority: 8 U.S.C. 1158(d)(2) the process for approval of PFDs and Abstract: On November 14, 2019, The allow manufacturers the opportunity to Regulatory Flexibility Analysis Department of Homeland Security produce more innovative equipment Required: Yes. (DHS) proposed regulatory amendments that meets the approval requirements of Agency Contact: Benjamin White, intended to promote greater both Canada and the United States, Project Manager, National Pollution accountability in the application while reducing the burden for Funds Center, Department of Homeland process for requesting employment manufacturers in both the approval Security, U.S. Coast Guard, 2703 Martin authorization and to deter the process and follow-up program. Luther King Jr. Avenue SE, STOP 7605, fraudulent filing of asylum applications Timetable: Washington, DC 20593–7605, Phone: VerDate Sep<11>2014 20:36 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP9.SGM 31MRP9 jbell on DSKJLSW7X2PROD with PROPOSALS9 16912 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 202 795–6066, Email: Abstract: The Coast Guard proposes to implements section 702 of the CNRA by [email protected]. amend its rule on vessel financial amending the regulations to replace the RIN: 1625–AA03 responsibility to include tank vessels current Guam Visa Waiver Program with greater than 100 gross tons, to clarify a new Guam-CNMI Visa Waiver 262. Commercial Fishing Vessels— and strengthen the rule’s reporting Program. The amended regulations set Implementation of 2010 and 2012 requirements, to conform its rule to forth the requirements for nonimmigrant Legislation current practice, and to remove two visitors who seek admission for E.O. 13771 Designation: Other. superseded regulations. This business or pleasure and solely for entry Legal Authority: 46 U.S.C. 4502 and rulemaking will ensure the Coast Guard into and stay on Guam or the CNMI 5103; Pub. L. 111–281 has current information when there are without a visa. This rule also establishes Abstract: The Coast Guard proposes to significant changes in a vessel’s six ports of entry in the CNMI for implement those requirements of 2010 operation, ownership, or evidence of purposes of administering and enforcing and 2012 legislation that pertain to financial responsibility, and reflect the Guam-CNMI Visa Waiver Program. uninspected commercial fishing current best practices in the Coast Section 702 of the Consolidated Natural industry vessels and that took effect Guard’s management of the Certificate Resources Act of 2008 (CNRA), subject upon enactment of the legislation but of Financial Responsibility Program. to a transition period, extends the that, to be implemented, require This rulemaking will also promote the immigration laws of the United States to amendments to Coast Guard regulations Coast Guard’s missions of maritime the Commonwealth of the Northern affecting those vessels. The applicability stewardship, maritime security, and Mariana Islands (CNMI) and provides of the regulations is being changed, and maritime safety. for a visa waiver program for travel to new requirements are being added to Timetable: Guam and/or the CNMI. On January 16, safety training, equipment, vessel 2009, the Department of Homeland examinations, vessel safety standards, Action Date FR Cite Security (DHS), Customs and Border the documentation of maintenance, and Protection (CBP), issued an interim final the termination of unsafe operations. NPRM ...... 05/13/20 85 FR 28802 rule in the Federal Register replacing This rulemaking promotes the Coast NPRM Comment 08/11/20 Period End. the then-existing Guam Visa Waiver Guard’s maritime safety mission. Program with the Guam-CNMI Visa Timetable: Next Action Unde- To Be Determined Waiver Program and setting forth the termined. requirements for nonimmigrant visitors Action Date FR Cite seeking admission into Guam and/or the Regulatory Flexibility Analysis NPRM ...... 06/21/16 81 FR 40437 CNMI under the Guam-CNMI Visa NPRM Comment 08/15/16 81 FR 53986 Required: Yes. Waiver Program. As of November 28, Period Ex- Agency Contact: Benjamin White, 2009, the Guam-CNMI Visa Waiver tended. Project Manager, National Pollution Program is operational. This program NPRM Comment 10/19/16 Funds Center, Department of Homeland allows nonimmigrant visitors from Period End. Security, U.S. Coast Guard, 2703 Martin eligible countries to seek admission for NPRM Comment 12/18/16 Luther King Jr. Avenue SE, STOP 7605, business or pleasure for entry into Guam Period Ex- Washington, DC 20593–7605, Phone: and/or the CNMI without a visa for a tended End. 202 795–6066, Email: period of authorized stay not to exceed Final Rule ...... To Be Determined [email protected]. 45 days. This rulemaking would finalize RIN: 1625–AC39 the January 2009 interim final rule. Regulatory Flexibility Analysis Timetable: Required: Yes. Agency Contact: Joseph Myers, Project DEPARTMENT OF HOMELAND Action Date FR Cite Manager, Department of Homeland SECURITY (DHS) Interim Final Rule 01/16/09 74 FR 2824 Security, U.S. Coast Guard, 2703 Martin Interim Final Rule 01/16/09 Luther King Jr. Avenue SE, STOP 7501, U.S. Customs and Border Protection (USCBP) Effective. Washington, DC 20593–7501, Phone: Interim Final Rule 03/17/09 202 372–1249, Email: joseph.d.myers@ Final Rule Stage Comment Pe- uscg.mil. riod End. RIN: 1625–AB85 264. Implementation of the Guam– Technical Amend- 05/28/09 74 FR 25387 CNMI Visa Waiver Program (Section ment; Change 263. Financial Responsibility—Vessels; 610 Review) of Implementa- Superseded Pollution Funds (USCG– E.O. 13771 Designation: Fully or tion Date. Final Action ...... 10/00/21 2017–0788) Partially Exempt. E.O. 13771 Designation: Not subject Legal Authority: Pub. L. 110–229, sec. to, not significant. 702 Regulatory Flexibility Analysis Legal Authority: 33 U.S.C. 2704; 33 Abstract: The interim final rule Required: No. U.S.C. 2716 and 2716a; 42 U.S.C. 9607 amends Department of Homeland Agency Contact: Neyda Yejo, Program to 9609; 6 U.S.C. 552; E.O. 12580; sec. Security (DHS) regulations to Manager, Electronic System for Travel 7(b), 3 CFR, 1987; Comp., p. 193; E.O. implement section 702 of the Authorization, Office of Field 12777, secs. 4 and 5, 3 CFR, 1991 Consolidated Natural Resources Act of Operations, Department of Homeland Comp., p. 351, as amended by E.O. 2008 (CNRA). This law extends the Security, U.S. Customs and Border 13286, sec. 89, 3; 3 CFR, 2004 Comp., immigration laws of the United States to Protection, 1300 Pennsylvania Avenue p. 166, and by E.O. 13638, sec. 1, 3 CFR, the Commonwealth of the Northern NW, Washington, DC 20229, Phone: 202 2014 Comp., p. 227; Department of Mariana Islands (CNMI) and provides 344–2373, Email: neyda.i.yejo@ Homeland; Security Delegation Nos. for a joint visa waiver program for travel cbp.dhs.gov. 0170.1 and 5110, Revision 01 to Guam and the CNMI. This rule RIN: 1651–AA77 VerDate Sep<11>2014 20:36 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP9.SGM 31MRP9 jbell on DSKJLSW7X2PROD with PROPOSALS9 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16913 DEPARTMENT OF HOMELAND Action Date FR Cite 267. Adjusting Program Fees for the SECURITY (DHS) Student and Exchange Visitor Program Final Action ...... To Be Determined U.S. Customs and Border Protection Regulatory Plan: This entry is Seq. (USCBP) No. 57 in part II of this issue of the Regulatory Flexibility Analysis Federal Register. Long-Term Actions Required: Yes. RIN: 1653–AA81 265. Importer Security Filing and Agency Contact: Brian Sale, Branch Additional Carrier Requirements Chief, Manifest & Conveyance Security (Section 610 Review) Division, Cargo & Conveyance, Office of Field Operation, Department of DEPARTMENT OF HOMELAND E.O. 13771 Designation: Regulatory. Homeland Security, U.S. Customs and SECURITY (DHS) Legal Authority: Pub. L. 109–347, sec. Border Protection, 1300 Pennsylvania U.S. Immigration and Customs 203; 5 U.S.C. 301; 19 U.S.C. 66; 19 Avenue NW, Washington, DC 20229, Enforcement (USICE) U.S.C. 1431; 19 U.S.C. 1433 and 1434; Phone: 202 325–3338, Email: 19 U.S.C. 1624; 19 U.S.C. 2071 (note); [email protected]. Final Rule Stage 46 U.S.C. 60105 RIN: 1651–AA70 268. Establishing a Fixed Time Period Abstract: This final rule implements of Admission and an Extension of Stay the provisions of section 203 of the Procedure for Nonimmigrant Academic Security and Accountability for Every Students, Exchange Visitors, and DEPARTMENT OF HOMELAND Port Act of 2006. On November 25, Representatives of Foreign Information SECURITY (DHS) 2008, Customs and Border Protection Media (CBP) published an interim final rule U.S. Immigration and Customs Regulatory Plan: This entry is Seq. (CBP Dec. 08–46) in the Federal Enforcement (USICE) No. 59 in part II of this issue of the Register (73 FR 71730), that finalized Proposed Rule Stage Federal Register. most of the provisions proposed in the RIN: 1653–AA78 Notice of Proposed Rulemaking. It 266. Visa Security Program Fee requires carrier and importers to provide to CBP, via a CBP approved E.O. 13771 Designation: Other. electronic data interchange system, Legal Authority: 8 U.S.C. 1356 DEPARTMENT OF HOMELAND certain advance information pertaining Abstract: ICE seeks to enable the SECURITY (DHS) expansion of the Visa Security Program to cargo brought into the United States U.S. Immigration and Customs (VSP) by proposing to move it to a user- by vessel to enable CBP to identify high- Enforcement (USICE) risk shipments to prevent smuggling fee funded model (as opposed to relying and ensure cargo safety and security. on appropriations). The VSP leverages Completed Actions resources in the National Capital Region The interim final rule did not finalize 269. Procedures and Standards for (NCR) and at U.S. diplomatic posts six data elements that were identified as Declining Surety Immigration Bonds overseas to vet and screen visa areas of potential concern for industry and Administrative Appeal applicants; identifies and prevents the during the rulemaking process and, for Requirement for Breaches which, CBP provided some type of travel of those who constitute potential flexibility for compliance with those national security and/or public safety E.O. 13771 Designation: Not subject data elements. CBP solicited public threats; and launches investigations into to, not significant. comment on these six data elements and criminal and/or terrorist affiliated Legal Authority: 8 U.S.C. 1103 also invited comments on the revised networks operating in the U.S. and Abstract: U.S. Immigration and Regulatory Assessment and Final abroad. The fees collected as a result of Customs Enforcement (ICE) is Regulatory Flexibility Analysis. (See 73 this rule would fund an expansion of establishing standards and procedures FR 71782–85 for regulatory text and 73 the VSP, enabling ICE to extend visa ICE will follow before making a CFR 71733–34 for general discussion.) security screening and vetting determination to stop accepting The remaining requirements of the rule operations and investigative efforts to immigration bonds posted by a surety were adopted as final. more visa-issuing posts overseas, and in company that has been certified to issue Timetable: turn, enhance the U.S. government’s bonds by the Department of the ability to prevent travel to the United Treasury when the company does not Action Date FR Cite States by illicit actors. cure deficient performance. Treasury Timetable: administers the Federal corporate surety NPRM ...... 01/02/08 73 FR 90 program and, in its current regulations, NPRM Comment 03/03/08 Action Date FR Cite allows agencies to prescribe ‘‘for cause’’ Period End. standards and procedures for declining NPRM Comment 02/01/08 73 FR 6061 NPRM ...... 04/00/21 to accept new bonds from Treasury- Period Ex- certified sureties. ICE will also require tended. NPRM Comment 03/18/08 Regulatory Flexibility Analysis surety companies seeking to overturn a Period End. Required: Yes. breach determination to file an Interim Final Rule 11/25/08 73 FR 71730 Agency Contact: Sharon Hageman, administrative appeal raising all legal Interim Final Rule 01/26/09 Regulations Unit Chief, Department of and factual defenses. Effective. Homeland Security, U.S. Immigration Timetable: Interim Final Rule 06/01/09 and Customs Enforcement, 500 12th Comment Pe- Street SW, Mail Stop 5006, Washington, Action Date FR Cite riod End. Correction ...... 07/14/09 74 FR 33920 DC 20536, Phone: 202 732–6960, Email: NPRM ...... 06/05/18 83 FR 25951 Correction ...... 12/24/09 74 FR 68376 [email protected]. NPRM Comment 08/06/18 RIN: 1653–AA77 Period End. I VerDate Sep<11>2014 20:36 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP9.SGM 31MRP9 jbell on DSKJLSW7X2PROD with PROPOSALS9 16914 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Action Date FR Cite DEPARTMENT OF HOMELAND that were used to support the 2007 SECURITY (DHS) CFATS interim final rule and providing Final Action ...... 07/31/20 85 FR 45968 the public an opportunity to provide Cybersecurity and Infrastructure comment. Once the comment period Security Agency (CISA) Regulatory Flexibility Analysis closes, CISA intends to determine the Required: Yes. Long-Term Actions next appropriate step for this rulemaking. Agency Contact: Sharon Hageman, 271. Chemical Facility Anti-terrorism Regulations Unit Chief, Department of Standards (CFATS) Timetable: Homeland Security, U.S. Immigration E.O. 13771 Designation: Other. Action Date FR Cite and Customs Enforcement, 500 12th Legal Authority: 6 U.S.C. 621 to 629 Street SW, Mail Stop 5006, Washington, Abstract: The Department of ANPRM ...... 08/18/14 79 FR 48693 DC 20536, Phone: 202 732–6960, Email: Homeland Security (DHS) previously ANPRM Comment 10/17/14 [email protected]. invited public comment on an Advance Period End. RIN: 1653–AA67 Notice of Proposed Rulemaking (ANPRM) for potential revisions to the NPRM ...... To Be Determined Chemical Facility Anti-Terrorism Standards (CFATS) regulations. The Regulatory Flexibility Analysis DEPARTMENT OF HOMELAND ANPRM provided an opportunity for the Required: Yes. SECURITY (DHS) public to provide recommendations for Agency Contact: Lona Saccomando, possible program changes. Taking into Chemical Facility of Interest (CFOI) Cybersecurity and Infrastructure consideration the comments received, Security Agency (CISA) Coordinator, Department of Homeland the Cybersecurity and Infrastructure Security, Cybersecurity and Proposed Rule Stage Security Agency (CISA) has determined Infrastructure Security Agency, 245 to limit the scope of this rulemaking to Murray Lane SW, Mail Stop 0610, 270. Ammonium Nitrate Security improving Appendix A to the CFATS Arlington, VA 20528–0610, Phone: 703 Program regulations and address concerns with 603–4898, Email: lona.saccomando@ release-flammable security issues. cisa.dhs.gov. Regulatory Plan: This entry is Seq. Additionally, in June 2020, CISA No. 62 in part II of this issue of the published a notice announcing the RIN: 1670–AA01 Federal Register. availability of a retrospective analysis of [FR Doc. 2021–04337 Filed 3–30–21; 8:45 am] RIN: 1670–AA00 the data, assumptions, and methodology BILLING CODE 9110–9B–P VerDate Sep<11>2014 20:36 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP9.SGM 31MRP9 jbell on DSKJLSW7X2PROD with PROPOSALS9 FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part X Department of the Interior Semiannual Regulatory Agenda VerDate Sep<11>2014 20:44 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP10.SGM 31MRP10 jbell on DSKJLSW7X2PROD with PROPOSALS10 16916 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda DEPARTMENT OF THE INTERIOR Department of the Interior, 1849 C Street which appears in both the online NW, Washington, DC 20240. Unified Agenda and in part II of the Office of the Secretary FOR FURTHER INFORMATION CONTACT: You Federal Register that includes the should direct all comments and Unified Agenda. The Department’s 25 CFR Ch. I inquiries about these rules to the Statement of Regulatory Priorities is appropriate agency contact. You should included in the Plan. 30 CFR Chs. II and VII direct general comments relating to the In some cases, the Department has agenda to the Office of Executive 36 CFR Ch. I withdrawn rules that were placed on Secretariat and Regulatory Affairs, previous agendas for which there has Department of the Interior, at the 43 CFR Subtitle A, Chs. I and II been no publication activity or for address above or at 202–208–3181. which a proposed or interim rule was SUPPLEMENTARY INFORMATION: 48 CFR Ch. 14 With this published. There is no legal significance publication, the Department satisfies the to the omission of an item from this 50 CFR Chs. I and IV requirement of Executive Order 12866 agenda. Withdrawal of a rule does not that the Department publish an agenda necessarily mean that the Department [167D0102DM; DS6CS00000; of rules that we have issued or expect will not proceed with the rulemaking. DLSN00000.00000; DX6CS25] to issue and of currently effective rules Withdrawal allows the Department to that we have scheduled for review. Semiannual Regulatory Agenda assess the action further and determine Simultaneously, the Department whether rulemaking is appropriate. AGENCY: Office of the Secretary, Interior. meets the requirement of the Regulatory Following such an assessment, the ACTION: Semiannual regulatory agenda. Flexibility Act (5 U.S.C. 601 et seq.) to Department may determine that certain publish an agenda in April and October rules listed as withdrawn under this SUMMARY: This notice provides the of each year identifying rules that will agenda are appropriate for semiannual agenda of rules scheduled have significant economic effects on a promulgation. If that determination is for review or development between Fall substantial number of small entities. We made, such rules will comply with 2020 and Fall 2021. The Regulatory have specifically identified in the Executive Order 13771. Flexibility Act and Executive Order agenda rules that will have such effects. 12866 require publication of the agenda. This edition of the Unified Agenda of Bivan R. Patnaik, ADDRESSES: Unless otherwise indicated, Federal Regulatory and Deregulatory Deputy Director of Regulatory Affairs, all agency contacts are located at the Actions includes The Regulatory Plan, Executive Secretariat and Regulatory Affairs. BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 272 ...... Update of Regulations on Relief or Reduction in Royalty Rates ...... 1014–AA50 ASSISTANT SECRETARY FOR LAND AND MINERALS MANAGEMENT—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 273 ...... Revisions to the Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf ...... 1082–AA01 274 ...... Risk Management, Financial Assurance and Loss Prevention ...... 1082–AA02 UNITED STATES FISH AND WILDLIFE SERVICE—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 275 ...... Migratory Bird Hunting; 2021–22 Migratory Game Bird Hunting Regulations ...... 1018–BE34 276 ...... Migratory Bird Hunting; 2022–23 Migratory Game Bird Hunting Regulations ...... 1018–BF07 277 ...... Importation, Exportation and Transportation of Wildlife; Updates to the Regulations ...... 1018–BF16 UNITED STATES FISH AND WILDLIFE SERVICE—COMPLETED ACTIONS Regulation Sequence No. Title Identifier No. 278 ...... Migratory Bird Hunting; 2020–2021 Migratory Game Bird Hunting Regulations ...... 1018–BD89 VerDate Sep<11>2014 20:44 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP10.SGM 31MRP10 jbell on DSKJLSW7X2PROD with PROPOSALS10 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16917 DEPARTMENT OF THE INTERIOR (DOI) drilling and related operations within DEPARTMENT OF THE INTERIOR (DOI) the Beaufort Sea and Chukchi Sea Bureau of Safety and Environmental United States Fish and Wildlife Service Planning Areas on the Outer Enforcement (BSEE) (FWS) Continental Shelf of Alaska. The Proposed Rule Stage rulemaking for this RIN replaces the Proposed Rule Stage Bureau of Safety and Environmental 272. • Update of Regulations on Relief 275. Migratory Bird Hunting; 2021–22 Enforcement’s RIN 1014–AA40. or Reduction in Royalty Rates Migratory Game Bird Hunting Timetable: E.O. 13771 Designation: Deregulatory. Regulations Legal Authority: 43 U.S.C. Action Date FR Cite E.O. 13771 Designation: Fully or 1337(a)(3)(A); 43 U.S.C. 1337(a)(3)(B) Partially Exempt. Abstract: BSEE has reviewed its NPRM ...... 11/00/20 Legal Authority: 16 U.S.C. 703 to 712; current regulations pertaining to royalty 16 U.S.C. 742a–j relief and is considering modifications Abstract: The U.S. Fish and Wildlife Regulatory Flexibility Analysis to streamline the current provisions Service proposes to establish annual Required: Yes. related to royalty relief, in order to hunting regulations for certain reduce certain unnecessary regulatory Agency Contact: Justin Abernathy, migratory game birds for the 2021–22 burdens imposed under the existing Deputy Director for Policy, Office of the hunting season. We annually prescribe regulations. BSEE’s modifications to the Executive Secretariat and Regulatory outside limits (frameworks) within existing regulations would increase Affairs, Department of the Interior, which States may select hunting transparency, efficiency, and clarity Office of the Secretary, 1849 C Street seasons. This proposed rule provides consistent with governing law. NW, Washington, DC 20240, Phone: 202 the regulatory schedule, announces the Appropriately awarded royalty relief 513–0357, Email: justin_abernathy@ Service Migratory Bird Regulations helps to ensure America has a stable, ios.doi.gov. Committee and Flyway Council long-term energy supply while RIN: 1082–AA01 meetings, describes the proposed protecting the American public (i.e., regulatory alternatives for the 2021–22 relief only provided when a lease/ 274. Risk Management, Financial duck hunting seasons, and requests project is uneconomic paying full Assurance and Loss Prevention proposals from Indian Tribes that wish royalty). In addition, BSEE is E.O. 13771 Designation: Deregulatory. to establish special migratory game bird considering modifications for a hunting regulations on Federal Indian streamlined approach during Legal Authority: 43 U.S.C. 1331 et seq. reservations and ceded lands. presidential declared emergencies. Abstract: As directed by Executive Timetable: Timetable: Order 13795, the Bureau of Ocean Energy Management (BOEM) has Action Date FR Cite Action Date FR Cite reconsidered its financial assurance policies, as reflected in Notice to NPRM ...... 10/09/20 85 FR 64097 NPRM ...... 03/00/21 NPRM Comment 11/09/20 Lessees No. 2016–N01 (September 12, Period End. 2016). In consideration of that review, Regulatory Flexibility Analysis NPRM—Supple- 11/00/20 BOEM and the Bureau of Safety and Required: Yes. mental. Agency Contact: Kirk Malstrom, Environmental Enforcement (BSEE) are NPRM—Proposed 01/00/21 Acting Chief, Regulations and Standards now developing a joint rule that is Frameworks. intended to revise existing financial NPRM—Proposed 01/00/21 Branch, Department of the Interior, Tribal Regula- Bureau of Safety and Environmental assurance policies for oil and gas operations on the Outer Continental tions. Enforcement, 45600 Woodland Road, Final Action— 04/00/21 Sterling, VA 20166, Phone: 703 787– Shelf in order to ensure operator compliance with financial and Final Frame- 1751, Fax: 703 787–1555, Email: works. [email protected]. performance obligations while reducing Final Action— 06/00/21 RIN: 1014–AA50 unnecessary regulatory burdens. Final Tribal Timetable: Regulations. Final Action— 06/00/21 Action Date FR Cite Season Selec- DEPARTMENT OF THE INTERIOR (DOI) tions. Assistant Secretary for Land and NPRM ...... 10/16/20 85 FR 65904 NPRM Comment 12/15/20 Regulatory Flexibility Analysis Minerals Management (ASLM) Period End. Required: Yes. Proposed Rule Stage Final Action ...... I 02/00/21 I Agency Contact: Jerome Ford, Assistant Director––Migratory Bird 273. Revisions to the Requirements for Program, Department of the Interior, Exploratory Drilling on the Arctic Regulatory Flexibility Analysis Required: Yes. United States Fish and Wildlife Service, Outer Continental Shelf 5275 Leesburg Pike, MS–MB, Falls Agency Contact: Justin Abernathy, E.O. 13771 Designation: Deregulatory. Church, VA 22041–3803, Phone: 703 Deputy Director for Policy, Office of the Legal Authority: 43 U.S.C. 1331 to 358–1050, Email: [email protected]. Executive Secretariat and Regulatory 1356a; 33 U.S.C. 2701 RIN: 1018–BE34 Abstract: This proposed rule would Affairs, Department of the Interior, revise specific provisions of the Office of the Secretary, 1849 C Street 276. Migratory Bird Hunting; 2022–23 NW, Washington, DC 20240, Phone: 202 Migratory Game Bird Hunting regulations published in the final Arctic _ Exploratory Drilling Rule, 81 FR 46478 513–0357, Email: justin abernathy@ Regulations (July 15, 2016), which established a ios.doi.gov. E.O. 13771 Designation: Fully or regulatory framework for exploratory RIN: 1082–AA02 Partially Exempt. VerDate Sep<11>2014 20:44 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP10.SGM 31MRP10 jbell on DSKJLSW7X2PROD with PROPOSALS10 16918 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Legal Authority: 16 U.S.C. 703 to 712; 3371 to 3378; 16 U.S.C. 4223 to 4244; migratory game birds for the 2020–2021 16 U.S.C. 742a–j 16 U.S.C. 4901 to 4916; 18 U.S.C. 42; 31 hunting season. Migratory game bird Abstract: The U.S. Fish and Wildlife U.S.C. 42; 31 U.S.C. 9701 hunting seasons provide opportunities Service proposes to establish annual Abstract: We propose to rewrite our for recreation and sustenance; aid hunting regulations for certain regulations governing the importation Federal, State, and Tribal governments migratory game birds for the 2022–23 and exportation of wildlife to make in the management of migratory game hunting season. We annually prescribe these regulations easier to understand. birds; and permit harvests at levels outside limits (frameworks) within In addition, we propose to revise the compatible with migratory game bird which States may select hunting inspection fees associated with the population status and habitat seasons. This proposed rule provides importation and exportation of wildlife conditions. We annually prescribe the regulatory schedule, announces the and to update the list of species that outside limits (frameworks) within Service Migratory Bird Regulations qualify as domesticated species, for which States may select hunting Committee and Flyway Council which U.S. Fish and Wildlife inspection seasons. We also work with Indian meetings, describes the proposed and clearance is not required. The tribes that wish to establish special regulatory alternatives for the 2022–23 current inspection fees have been in migratory game bird hunting regulations duck hunting seasons, and requests effect since 2012. The establishment of on Federal Indian reservations and proposals from Indian Tribes that wish these fees is consistent with the ceded lands. For this rule, we used a to establish special migratory game bird Independent Offices Appropriations Act regulatory impact analysis developed in hunting regulations on Federal Indian of 1952 and OMB Circular No. A–25, 2013 and incorporated the most recent reservations and ceded lands. which provide that services provided by available data to quantify the costs and Timetable: Federal agencies are to be self- benefits of different regulatory sustaining to the extent possible and alternatives. Action Date FR Cite that fees assessed should be sufficient to Timetable: recover the full cost to the Federal NPRM ...... 06/00/21 Government of providing the service Action Date FR Cite NPRM—Supple- 09/00/21 and are based on market prices. mental. Timetable: NPRM ...... 10/15/19 84 FR 55120 NPRM—Proposed 12/00/21 NPRM Comment 11/15/19 Frameworks. Action Date FR Cite Period End. NPRM—Proposed 01/00/22 NPRM—Proposed 03/19/20 85 FR 15870 Tribal Regula- NPRM ...... 07/00/21 Frameworks. tions. NPRM Comment 04/20/20 Final Action— 02/00/22 Regulatory Flexibility Analysis Period End. Final Frame- Required: Yes. NPRM—Proposed 04/02/20 85 FR 18532 works. Agency Contact: Edward Grace, Tribal Regula- Final Action— 04/00/22 Assistant Director, Office of Law tions. Final Tribal NPRM Comment 05/04/20 Regulations. Enforcement, Department of the Interior, United States Fish and Wildlife Service, Period End. Final Action— 06/00/22 Final Frameworks 08/21/20 85 FR 51854 Season Selec- 5275 Leesburg Pike, MS: LEO, Falls Final Tribal Regu- 08/28/20 85 FR 53247 tions. Church, VA 22041–3803, Phone: 703 lations. 358–1949, Fax: 703 358–1947, Email: Season Selec- 08/28/20 85 FR 53260 Regulatory Flexibility Analysis [email protected]. tions. Required: Yes. RIN: 1018–BF16 Final Action Effec- 08/21/20 Agency Contact: Jerome Ford, tive. Assistant Director––Migratory Bird Final Action Effec- 08/28/20 tive. Program, Department of the Interior, DEPARTMENT OF THE INTERIOR (DOI) United States Fish and Wildlife Service, 5275 Leesburg Pike, MS–MB, Falls United States Fish and Wildlife Service Regulatory Flexibility Analysis Church, VA 22041–3803, Phone: 703 (FWS) Required: Yes. _ Agency Contact: Dr. Eric L. Kershner, 358–1050, Email: jerome [email protected]. Completed Actions RIN: 1018–BF07 Chief, Branch of Conservation, Permits, 278. Migratory Bird Hunting; 2020– and Regulations, Department of the 277. Importation, Exportation and 2021 Migratory Game Bird Hunting Interior, United States Fish and Wildlife Transportation of Wildlife; Updates to Regulations Service, 5275 Leesburg Pike, MS: MB, the Regulations Falls Church, VA 22041, Phone: 703 E.O. 13771 Designation: Fully or E.O. 13771 Designation: Other. 358–2376, Fax: 703 358–2217, Email: Partially Exempt. _ Legal Authority: 16 U.S.C. 668; 16 Legal Authority: 16 U.S.C. 703 to 712; eric [email protected]. U.S.C. 704; 16 U.S.C. 712; 16 U.S.C. 16 U.S.C. 742a–j RIN: 1018–BD89 1382; 16 U.S.C. 1538(d)–(f),; 16 U.S.C. Abstract: This rule establishes [FR Doc. 2021–04500 Filed 3–30–21; 8:45 am] 1540(f); 16 U.S.C. 33 8(d)–(f); 16 U.S.C. hunting regulations for certain BILLING CODE 4334–63–P VerDate Sep<11>2014 20:44 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP10.SGM 31MRP10 jbell on DSKJLSW7X2PROD with PROPOSALS10 FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part XI Department of Labor Semiannual Regulatory Agenda VerDate Sep<11>2014 20:59 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP11.SGM 31MRP11 jbell on DSKJLSW7X2PROD with PROPOSALS11 16920 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda DEPARTMENT OF LABOR Constitution Avenue NW, Room Department’s semiannual regulatory S–2312, Washington, DC 20210; (202) agenda. The Department’s Regulatory Office of the Secretary 693–5959. Flexibility Agenda does not include Note: Information pertaining to a section 610 items at this time. 20 CFR Chs. I, IV, V, VI, VII, and IX specific regulation can be obtained from All interested members of the public the agency contact listed for that are invited and encouraged to let 29 CFR Subtitle A and Chs. II, IV, V, particular regulation. departmental officials know how our XVII, and XXV SUPPLEMENTARY INFORMATION: Executive regulatory efforts can be improved and Order 12866 requires the semiannual are invited to participate in and 30 CFR Ch. I publication of an agenda of regulations comment on the review or development that contains a listing of all the of the regulations listed on the 41 CFR Ch. 60 regulations the Department of Labor Department’s agenda. expects to have under active This document of the Department of 48 CFR Ch. 29 consideration for promulgation, Labor was signed on December 16, 2020, by Eugene Scalia, Secretary of Labor. Semiannual agenda of regulations proposal, or review during the coming one-year period. The entirety of the That document with the original AGENCY: Office of the Secretary, Labor. Department’s semiannual agenda is signature and date is maintained by the Department of Labor. For administrative ACTION: Semiannual regulatory agenda. available online at www.reginfo.gov. purposes only, and in compliance with The Regulatory Flexibility Act (5 requirements of the Office of the Federal SUMMARY: The internet has become the U.S.C. 602) requires DOL to publish in Register, the Department of Labor has means for disseminating the entirety of the Federal Register a regulatory delegated authority to the undersigned the Department of Labor’s semiannual flexibility agenda. The Department’s RISC Federal Register Liaison Officer to regulatory agenda. However, the Regulatory Flexibility Agenda, re-sign and submit the document in Regulatory Flexibility Act requires published with this notice, includes electronic format for publication, as an publication of a regulatory flexibility only those rules on its semiannual official document of the Department of agenda in the Federal Register. This agenda that are likely to have a Labor. This administrative process in no Federal Register Notice contains the significant economic impact on a way alters the legal effect of this regulatory flexibility agenda. substantial number of small entities; document upon publication in the FOR FURTHER INFORMATION CONTACT: and those rules identified for periodic Federal Register. Laura M. Dawkins, Director, Office of review in keeping with the requirements Regulatory and Programmatic Policy, of section 610 of the Regulatory Terri Tolson-Young Office of the Assistant Secretary for Flexibility Act. Thus, the regulatory Federal Register Liaison Officer, Regulatory Policy, U.S. Department of Labor, 200 flexibility agenda is a subset of the Information Service Center. WAGE AND HOUR DIVISION—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 279 ...... Independent Contractor Status Under the Fair Labor Standards Act (Reg Plan Seq No. 66) ...... 1235–AA34 References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. EMPLOYMENT AND TRAINING ADMINISTRATION—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 280 ...... Temporary Employment of H-2B Foreign Workers in Certain Itinerant Occupations in the United States .... 1205–AB93 EMPLOYEE BENEFITS SECURITY ADMINISTRATION—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 281 ...... Financial Factors in Selecting Plan Investments (Reg Plan Seq No. 69) ...... 1210–AB95 References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. EMPLOYEE BENEFITS SECURITY ADMINISTRATION—COMPLETED ACTIONS Regulation Sequence No. Title Identifier No. 282 ...... Transparency in Coverage ...... 1210–AB93 VerDate Sep<11>2014 20:59 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP11.SGM 31MRP11 jbell on DSKJLSW7X2PROD with PROPOSALS11 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16921 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PRERULE STAGE Regulation Sequence No. Title Identifier No. 283 ...... Emergency Response ...... 1218–AC91 284 ...... Prevention of Workplace Violence in Health Care and Social Assistance ...... 1218–AD08 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 285 ...... Communication Tower Safety ...... 1218–AC90 286 ...... Tree Care Standard ...... 1218–AD04 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 287 ...... Infectious Diseases ...... 1218–AC46 288 ...... Process Safety Management and Prevention of Major Chemical Accidents ...... 1218–AC82 DEPARTMENT OF LABOR (DOL) Action Date FR Cite Transparency in American Healthcare to Put Patients First’’, June 24, 2019), Wage and Hour Division (WHD) NPRM ...... 09/00/21 which provides that the Secretaries of Final Rule Stage Health and Human Services, the Regulatory Flexibility Analysis Treasury, and Labor will facilitate 279. Independent Contractor Status Required: Yes. access to information about expected Under the Fair Labor Standards Act Agency Contact: Brian Pasternak, health care costs for patients before they Regulatory Plan: This entry is Seq. Administrator, Office of Foreign Labor receive care. No. 66 in part II of this issue of the Certification, Department of Labor, Timetable: Federal Register. Employment and Training RIN: 1235–AA34 Administration, 200 Constitution Action Date FR Cite Avenue NW, FP Building, Washington, NPRM ...... 11/27/19 84 FR 65464 DC 20210, Phone: 202 513–7350. NPRM Comment 01/29/20 DEPARTMENT OF LABOR (DOL) RIN: 1205–AB93 Period End. Final Rule ...... 11/20/20 85 FR 72158 Employment and Training Final Rule Effec- 01/11/21 Administration (ETA) tive. DEPARTMENT OF LABOR (DOL) Proposed Rule Stage Employee Benefits Security Regulatory Flexibility Analysis 280. Temporary Employment of H–2B Administration (EBSA) Required: Yes. Foreign Workers in Certain Itinerant Agency Contact: Amber Rivers, Occupations in the United States Final Rule Stage Director, Office of Health Plan E.O. 13771 Designation: Regulatory. 281. Financial Factors in Selecting Plan Standards and Compliance Assistance, Legal Authority: 8 U.S.C. 1184; 8 Investments Department of Labor, Employee Benefits Security Administration, 200 U.S.C. 1103 Regulatory Plan: This entry is Seq. Abstract: The United States Constitution Avenue NW, Washington, No. 69 in part II of this issue of the Department of Labor’s (DOL) DC 20210, Phone: 202 693–8335. Federal Register. Employment and Training RIN: 1210–AB93 RIN: 1210–AB95 Administration and Wage and Hour Division, and the United States Department of Homeland Security DEPARTMENT OF LABOR (DOL) (DHS), U.S. Citizenship and DEPARTMENT OF LABOR (DOL) Immigration Services, are jointly Occupational Safety and Health Employee Benefits Security amending regulations regarding the H– Administration (OSHA) Administration (EBSA) 2B non-immigrant visa program at 20 Prerule Stage CFR part 655, subpart A. The Notice of Completed Actions Proposed Rulemaking (NPRM) will 283. Emergency Response 282. Transparency in Coverage establish standards and procedures for E.O. 13771 Designation: Regulatory. employers seeking to hire foreign E.O. 13771 Designation: Regulatory. Legal Authority: 29 U.S.C. 655(b); 29 temporary nonagricultural workers for Legal Authority: 42 U.S.C. 18031; 42 U.S.C. 657; 5 U.S.C. 609 certain itinerant job opportunities, U.S.C. 300gg–15a; 29 U.S.C. 1185d Abstract: OSHA currently regulates including entertainers and carnivals and Abstract: This final rule would aspects of emergency response and utility vegetation management. implement portions of Executive Order preparedness; some of these standards Timetable: 13877 (‘‘Improving Price and Quality were promulgated decades ago, and VerDate Sep<11>2014 20:59 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP11.SGM 31MRP11 jbell on DSKJLSW7X2PROD with PROPOSALS11 16922 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda none were designed as comprehensive by the National Nurses United. On considered the issue of the expansion of emergency response standards. January 10, 2017, OSHA granted the the rule beyond just communication Consequently, they do not address the petitions. towers. OSHA will continue to consider full range of hazards or concerns Timetable: also covering structures that have currently facing emergency responders, telecommunications equipment on or and other workers providing skilled Action Date FR Cite attached to them (e.g., buildings, support, nor do they reflect major rooftops, water towers, billboards). Request for Infor- 12/07/16 81 FR 88147 changes in performance specifications mation (RFI). Timetable: for protective clothing and equipment. RFI Comment Pe- 04/06/17 The agency acknowledged that current riod End. Action Date FR Cite OSHA standards also do not reflect all Initiate SBREFA .. 12/00/20 the major developments in safety and Request for Infor- 04/15/15 80 FR 20185 mation (RFI). health practices that have already been Regulatory Flexibility Analysis RFI Comment Pe- 06/15/15 accepted by the emergency response Required: Yes. riod End. community and incorporated into Agency Contact: Andrew Levinson, Initiate SBREFA .. 01/04/17 industry consensus standards. OSHA is Deputy Director, Directorate of Initiate SBREFA .. 05/31/18 considering updating these standards Standards and Guidance, Department of Complete 10/11/18 with information gathered through an Labor, Occupational Safety and Health SBREFA. RFI and public meetings. Administration, 200 Constitution NPRM ...... 07/00/21 Timetable: Avenue NW, FP Building, Room N–3718, Washington, DC 20210, Phone: Regulatory Flexibility Analysis Action Date FR Cite 202 693–1950, Email: levinson.andrew@ Required: Yes. dol.gov. Agency Contact: Scott Ketcham, Stakeholder Meet- 07/30/14 RIN: 1218–AD08 Director, Directorate of Construction, ings. Convene 09/09/15 Department of Labor, Occupational NACOSH Safety and Health Administration, 200 Constitution Avenue NW, Room Workgroup. DEPARTMENT OF LABOR (DOL) NACOSH Review 12/14/16 N–3468, FP Building, Washington, DC of Workgroup Occupational Safety and Health 20210, Phone: 202 693–2020, Fax: 202 Report. Administration (OSHA) 693–1689, Email: ketcham.scott@ Initiate SBREFA .. 02/00/21 dol.gov. Proposed Rule Stage RIN: 1218–AC90 Regulatory Flexibility Analysis 285. Communication Tower Safety Required: Yes. 286. Tree Care Standard E.O. 13771 Designation: Regulatory. Agency Contact: Andrew Levinson, E.O. 13771 Designation: Regulatory. Deputy Director, Directorate of Legal Authority: 29 U.S.C. 655(b); 5 U.S.C. 609 Legal Authority: Not Yet Determined Standards and Guidance, Department of Abstract: There is no OSHA standard Labor, Occupational Safety and Health Abstract: While the number of employees engaged in the for tree care operations; the agency Administration, 200 Constitution currently applies a patchwork of Avenue NW, FP Building, Room communication tower industry remains small, the fatality rate is very high. Over standards to address the serious hazards N–3718, Washington, DC 20210, Phone: in this industry. The tree care industry 202 693–1950, Email: levinson.andrew@ the past 20 years, this industry has experienced an average fatality rate that previously petitioned the agency for dol.gov. rulemaking and OSHA issued an RIN: 1218–AC91 greatly exceeds that of the construction industry. Due to recent FCC spectrum ANPRM (September 2008). OSHA 284. Prevention of Workplace Violence auctions and innovations in cellular completed a Small Business Regulatory in Health Care and Social Assistance technology, there will be a very high Enforcement Fairness Act (SBREFA) E.O. 13771 Designation: Regulatory. level of construction activity taking panel in May 2020, collecting Legal Authority: 29 U.S.C. 655(b); 5 place on communication towers over information from affected small entities U.S.C. 609 the next few years. A similar increase in on a potential standard, including the Abstract: The Request for Information the number of construction projects scope of the standard, effective work (RFI) (published on December 7, 2016 needed to support cellular phone practices, and arboricultural specific 81 FR 88147) provides OSHA’s history coverage triggered a spike in fatality and uses of equipment to guide OSHA in with the issue of workplace violence in injury rates years ago. Based on developing a rule that would best health care and social assistance, information collected from an April address industry safety and health including a discussion of the Guidelines 2016 Request for Information (RFI), concerns. Tree care continues to be a that were initially published in 1996, a OSHA concluded that current OSHA high-hazard industry. 2014 update to the Guidelines, the requirements such as those for fall Timetable: agency’s use of 5(a)(1) in enforcement protection and personnel hoisting, may cases in health care. The RFI solicited not adequately cover all hazards of Action Date FR Cite information primarily from health care communication tower construction and Stakeholder Meet- 07/13/16 employers, workers and other subject maintenance activities. OSHA will use ing. matter experts on impacts of violence, information collected from a Small Initiate SBREFA .. 01/10/20 prevention strategies, and other Business Regulatory Enforcement Complete 05/22/20 information that will be useful to the Fairness Act (SBREFA) panel to identify SBREFA. agency. OSHA was petitioned for a effective work practices and advances in NPRM ...... 10/00/21 standard preventing workplace violence engineering technology that would best in health care by a broad coalition of address industry safety and health Regulatory Flexibility Analysis labor unions, and in a separate petition concerns. The Panel carefully Required: Yes. VerDate Sep<11>2014 20:59 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP11.SGM 31MRP11 jbell on DSKJLSW7X2PROD with PROPOSALS11 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16923 Agency Contact: Andrew Levinson, pathogens that can cause significant 288. Process Safety Management and Deputy Director, Directorate of disease. Workplaces where such control Prevention of Major Chemical Standards and Guidance, Department of measures might be necessary include: Accidents Labor, Occupational Safety and Health Health care, emergency response, E.O. 13771 Designation: Regulatory. Administration, 200 Constitution correctional facilities, homeless shelters, Legal Authority: 29 U.S.C. 655; 29 Avenue NW, FP Building, Room drug treatment programs, and other U.S.C. 657 N–3718, Washington, DC 20210, Phone: occupational settings where employees Abstract: The Occupational Safety 202 693–1950, Email: levinson.andrew@ can be at increased risk of exposure to and Health Administration (OSHA) dol.gov. potentially infectious people. A issued a Request for Information (RFI) RIN: 1218–AD04 standard could also apply to on December 9, 2013 (78 FR 73756). The laboratories, which handle materials RFI identified issues related to that may be a source of pathogens, and modernization of the Process Safety DEPARTMENT OF LABOR (DOL) to pathologists, coroners’ offices, Management standard and related standards necessary to meet the goal of Occupational Safety and Health medical examiners, and mortuaries. preventing major chemical accidents. Administration (OSHA) Timetable: Timetable: Long-Term Actions Action Date FR Cite Action Date FR Cite 287. Infectious Diseases Request for Infor- 05/06/10 75 FR 24835 Request for Infor- 12/09/13 78 FR 73756 E.O. 13771 Designation: Regulatory. mation (RFI). Legal Authority: 5 U.S.C. 533; 29 mation (RFI). RFI Comment Pe- 08/04/10 RFI Comment Pe- 03/07/14 79 FR 13006 U.S.C. 657 and 658; 29 U.S.C. 660; 29 riod End. riod Extended. U.S.C. 666; 29 U.S.C. 669; 29 U.S.C. 673 Analyze Com- 12/30/10 RFI Comment Pe- 03/31/14 Abstract: Employees in health care ments. riod Extended and other high-risk environments face Stakeholder Meet- 07/05/11 76 FR 39041 End. long-standing infectious disease hazards ings. Initiate SBREFA .. 06/08/15 such as tuberculosis (TB), varicella Initiate SBREFA .. 06/04/14 SBREFA Report 08/01/16 disease (chickenpox, shingles), and Complete 12/22/14 Completed. measles, as well as new and emerging SBREFA. Next Action Unde- infectious disease threats, such as termined. Severe Acute Respiratory Syndrome NPRM ...... To Be Determined (SARS), the 2019 Novel Coronavirus Regulatory Flexibility Analysis (COVID–19), and pandemic influenza. Regulatory Flexibility Analysis Required: Yes. Health care workers and workers in Required: Yes. Agency Contact: Andrew Levinson, related occupations, or who are exposed Deputy Director, Directorate of Agency Contact: Andrew Levinson, Standards and Guidance, Department of in other high-risk environments, are at Deputy Director, Directorate of increased risk of contracting TB, SARS, Labor, Occupational Safety and Health Standards and Guidance, Department of Administration, 200 Constitution Methicillin-Resistant Staphylococcus Labor, Occupational Safety and Health Aureus (MRSA), COVID–19, and other Avenue NW, FP Building, Room Administration, 200 Constitution N–3718, Washington, DC 20210, Phone: infectious diseases that can be Avenue NW, FP Building, Room transmitted through a variety of 202 693–1950, Email: levinson.andrew@ N–3718, Washington, DC 20210, Phone: exposure routes. OSHA is examining dol.gov. 202 693–1950, Email: levinson.andrew@ regulatory alternatives for control RIN: 1218–AC82 dol.gov. measures to protect employees from [FR Doc. 2021–05476 Filed 3–30–21; 8:45 am] infectious disease exposures to RIN: 1218–AC46 BILLING CODE 4510–HL–P VerDate Sep<11>2014 20:59 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP11.SGM 31MRP11 jbell on DSKJLSW7X2PROD with PROPOSALS11 VerDate Mar 15 2010 04:16 Oct 27, 2011 Jkt 000000 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 C:\DOCS\BLANK.FR DEV003 FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part XII Department of Transportation Semiannual Regulatory Agenda VerDate Sep<11>2014 21:13 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP12.SGM 31MRP12 jbell on DSKJLSW7X2PROD with PROPOSALS12 16926 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda DEPARTMENT OF TRANSPORTATION Purpose reviews of existing regulations, and Appendix A—Instructions for Obtaining completed actions of the Department. Office of the Secretary Copies of Regulatory Documents These are matters on which action has Appendix B—General Rulemaking Contact begun or is projected during the next 12 14 CFR Chs. I–III Persons months or for which action has been Appendix C—Public Rulemaking Dockets Appendix D—Review Plans for Section 610 completed since the last Agenda. 23 CFR Chs. I–III and Other Requirements In addition, this Agenda was prepared in accordance with three executive SUPPLEMENTARY INFORMATION: 33 CFR Chs. I and IV orders issued by President Trump, Background which directed agencies to scrutinize 46 CFR Chs. I–III The U.S. Department of their regulations and other agency Transportation (Department or DOT) actions further. On January 30, 2017, 48 CFR Ch. 12 undertakes regulation only after careful President Trump signed Executive consideration and strives to make clear Order 13771, Reducing Regulation and 49 CFR Subtitle A, Chs. I–VI, and Chs. the way the Department measures the Controlling Regulatory Costs. Under section 2(a) of the Executive order X–XII risks, costs, and benefits of engaging unless prohibited by law, whenever an in—or deciding not to engage in—a [DOT–OST–1999–5129] executive department or agency particular regulatory action. It is our publicly proposes for notice and Department Regulatory and policy to provide an opportunity for comment or otherwise promulgates a Deregulatory Agenda; Semiannual public comment on such actions to all new regulation, it must identify at least Summary interested stakeholders. Above all, two existing regulations to be repealed. transparency and meaningful AGENCY: Office of the Secretary, DOT. On February 24, 2017, President Trump engagement mandate that regulations signed Executive Order 13777, ACTION: Unified Agenda of Federal should be straightforward, clear, and Enforcing the Regulatory Reform Regulatory and Deregulatory Actions accessible to any interested stakeholder. (Regulatory Agenda). Agenda. Under this Executive order, The Department also embraces the each agency must establish a Regulatory notion that there should be no more SUMMARY: The Regulatory and Reform Task Force (RRTF) to evaluate regulations than necessary. We Deregulatory Agenda is a semiannual existing regulations, and make emphasize consideration of non- summary of all current and projected recommendations for their repeal, regulatory solutions and have rigorous rulemakings, reviews of existing replacement, or modification. On March processes in place for continual regulations, and completed actions of 28, 2017, President Trump signed reassessment of existing regulations. the Department. The intent of the Executive Order 13783, Promoting These processes provide that regulations Agenda is to provide the public with Energy Independence and Economic and other agency actions are information about the Department of Growth, requiring agencies to review all periodically reviewed and, if Transportation’s regulatory activity existing regulations, orders, guidance appropriate, are revised to ensure that planned for the next 12 months. It is documents, policies, and other similar they continue to meet the needs for expected that this information will agency actions that potentially burden which they were originally designed, enable the public to more effectively the development or use of domestically and that they remain cost-effective and participate in the Department’s produced energy resources, with cost-justified. DOT was the first agency regulatory process. The public is also particular attention to oil, natural gas, to incorporate the Administration’s invited to submit comments on any coal, and nuclear energy resources. regulatory reform policies permanently, aspect of this Agenda. In response to the mandate in codifying reforms to the Department’s Executive Order 13777, the Department FOR FURTHER INFORMATION CONTACT: rulemaking, guidance, and enforcement formed an RRTF consisting of senior General practices. The rule codifies regulatory career and non-career leaders, which budgeting, the ‘‘2-for-1’’ plan, and the You should direct all comments and has already conducted extensive RRTF, as well as additional procedures reviews of existing regulations, and inquiries on the Agenda in general to for the Department’s most costly rules, Jonathan Dols, Deputy Assistant General identified a number of rules to be including enhanced opportunities for repealed, replaced, or modified. As a Counsel for Regulation, Office of public participation. It also clarifies that General Counsel, Department of result of the RRTF’s work, since January guidance documents do not impose 2017, the Department has issued Transportation, 1200 New Jersey legal obligations and shall not be used deregulatory actions that reduce net Avenue SE, Washington, DC 20590; as a basis for enforcement. Finally, the regulatory costs on the public by more (202) 366–4702. rule ensures due process protections for than $92 billion (in net present value Specific potential subjects of enforcement cost savings). With the RRTF’s actions, including open and fair You should direct all comments and assistance, the Department has achieved investigations and proceedings. inquiries on particular items in the these cost savings in a manner that is To help the Department achieve its Agenda to the individual listed for the fully consistent with safety. For goals and in accordance with Executive regulation or the general rulemaking example, on April 30, 2020, NHTSA Order (E.O.) 12866, ‘‘Regulatory contact person for the operating published the Safer, Affordable, Fuel- Planning and Review,’’ (58 FR 51735; Efficient (SAFE) Vehicles rule in administration in appendix B. Oct. 4, 1993) and the Department’s conjunction with the Environmental Table of Contents ‘‘Administrative Rulemaking, Guidance, Protection Agency. The SAFE Vehicles Supplementary Information and Enforcement Procedures’’ (84 FR rule increases U.S. competitiveness by Background 248; Dec. 27, 2019), the Department reducing regulatory costs by over $163 Significant/Priority Rulemakings prepares a semiannual regulatory and billion dollars and helps American Explanation of Information on the Agenda deregulatory Agenda. It summarizes all consumers afford to buy newer, cleaner, Request for Comments current and projected rulemakings, and safer vehicles by reducing the VerDate Sep<11>2014 21:13 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP12.SGM 31MRP12 jbell on DSKJLSW7X2PROD with PROPOSALS12 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16927 average price of new vehicles. In NHTSA’s regulations outlining the regulatory relief from its hours-of- addition, similarly, on June 1, 2020, administrative processes for petitioning service rules. FRA opened an emergency FMCSA published a rule that would the agency for exemptions, and relief docket pursuant to the save the public billions of dollars by reconsiderations. Similarly, the Federal Administrator’s Declaration of providing greater flexibility to drivers Aviation Administration (FAA) is Emergency Situation, supporting a subject to FMCSA’s hours of service working to enable, safely and efficiently, number of emergency waivers. FAA regulations without reducing safety. the integration of unmanned aircraft took numerous actions to ensure the While each regulatory and systems (UAS) into the National continued safety of the National deregulatory action is evaluated on its Airspace System. UAS are expected to Airspace System and operations own merits, the RRTF augments the continue to drive innovation and supporting essential services, including Department’s consideration of increase safety as operators and addressing expiring medical certificates prospective rulemakings by conducting manufacturers find new and inventive and training requirements for pilots, and regular reviews across all OAs to uses for UAS. For instance, UAS are finalizing a rule to address oxygen mask identify and evaluate potential poised to assist human operators with a usage given the risk of COVID–19 deregulatory actions. The RRTF also number of different mission sets such as transmission. PHMSA provided works to ensure that any new potential inspection of critical infrastructure and temporary relief to enable transportation regulatory action is rigorously vetted, search and rescue, enabling beneficial of hand sanitizer and other disinfecting including an evaluation of the need or and lifesaving activities that would materials. market failure requiring regulatory otherwise be difficult or even Pursuant to the President’s Executive action, and consideration of non- impossible for a human to accomplish Order on Regulatory Relief to Support regulatory alternatives. unassisted. The Department has Economic Recovery, the Department has The Department’s regulatory activities regulatory efforts underway to further been coordinating with each of its are guided by four fundamental integrate UAS safely and efficiently. The Operating Administrations to evaluate principles—safety, innovation, enabling Department’s work to update and how to expedite regulatory relief and investment in infrastructure, and streamline its regulation of the recovery from COVID–19 without reducing unnecessary regulatory commercial space sector is well compromising safety, and determine burdens. These priorities are grounded underway. The FAA has proposed a rule whether such relief may be considered in our national interest in maintaining that will fundamentally change how for permanent incorporation into the U.S. global leadership in safety, FAA licenses launches and reentries of Department’s rules. innovation, and economic growth. In commercial space vehicles moving from light of the unprecedented effects of the Explanation of Information in the prescriptive requirements to a Agenda Coronavirus Disease (COVID–19) public performance based approach. This shift health emergency, these priorities are will facilitate a major transformation of An Office of Management and Budget also grounded in regulatory actions that our national space program from one in memorandum, dated January 16, 2020, assist in our Nation’s recovery. To which the Federal government has a establishes the format for this Agenda. accomplish our regulatory goals, the primary role to one in which private First, the Agenda is divided by Department must create a regulatory industry drives growth in innovation initiating offices. Then the Agenda is environment that fosters growth in new and launches. divided into five categories: (1) Prerule and innovative industries without Since January 2020, the Department stage; (2) proposed rule stage; (3) final burdening them with unnecessary has been providing rapid response and rule stage; (4) long-term actions; and (5) restrictions. At the same time, safety emergency review of legal and completed actions. For each entry, the remains our highest priority; the operational challenges presented by Agenda provides the following Department remains focused on COVID–19 within the transportation information: (1) Its ‘‘significance’’; (2) a managing safety risks and ensuring we network. Domestically, our efforts have short, descriptive title; (3) its legal basis; do not regress from the successes focused on addressing regulatory (4) the related regulatory citation in the already achieved. Our planned compliance made impracticable by the Code of Federal Regulations; (5) any regulatory actions reflect a careful COVID–19 public health emergency due legal deadline and, if so, for what action balance that emphasizes the to office closures, personnel shortages, (e.g., NPRM, final rule); (6) an abstract; Department’s priority in fostering and other restrictions. DOT has (7) a timetable, including the earliest innovation while at the same time provided extensive relief to expected date for when a rulemaking meeting the challenges of maintaining a transportation stakeholders impacted by document may publish; (8) whether the safe, reliable, and sustainable the COVID–19 public health emergency. rulemaking will affect small entities transportation system. The Department has taken over 100 and/or levels of Government and, if so, For example, the National Highway actions to provide emergency relief to which categories; (9) whether a Traffic Safety Administration (NHTSA) transportation stakeholders through Regulatory Flexibility Act (RFA) is working on reducing regulatory regulatory waivers, exemptions, analysis is required (for rules that would barriers to technology innovation, extensions of deadlines, statements of have a significant economic impact on including the integration of automated enforcement discretion, and other a substantial number of small entities); vehicles, while continuing to focus on guidance. (10) a listing of any analyses an office safety. Automated vehicles are expected These actions individually and will prepare or has prepared for the to increase safety significantly by collectively kept our transportation action (with minor exceptions, DOT reducing the likelihood of human error systems and supply chains open to requires an economic analysis for all its when driving, which today accounts for provide critical supplies and services rulemakings); (11) an agency contact the overwhelming majority of crashes during the national emergency. For office or official who can provide on our nation’s roadways. NHTSA plans example, to support commercial vehicle further information; (12) a Regulation to issue regulatory actions that: (1) drivers—including the truckers carrying Identifier Number (RIN) assigned to Allow for updates to current FMVSS to vital medical supplies to hospitals— identify an individual rulemaking in the enable the introduction of new safety FMCSA issued its first ever national Agenda and facilitate tracing further technologies; and (2) streamline emergency declaration to provide action on the issue; (13) whether the VerDate Sep<11>2014 21:13 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP12.SGM 31MRP12 jbell on DSKJLSW7X2PROD with PROPOSALS12 16928 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda action is subject to the Unfunded 3. Any rules that the agency has account process to ensure ‘‘meaningful Mandates Reform Act; (14) whether the identified for periodic review under and timely input’’ by State, local, and action is subject to the Energy Act; (15) section 610 of the Regulatory Flexibility tribal officials in the development of the action’s designation under Executive Act. regulatory policies that have federalism Order 13771 explaining whether the Printing of these entries is limited to or tribal implications. These policies are action will have a regulatory or fields that contain information required defined in the Executive orders to deregulatory effect; and (16) whether the by the Regulatory Flexibility Act’s include regulations that have action is major under the congressional Agenda requirements. These elements ‘‘substantial direct effects’’ on States or review provisions of the Small Business are: Sequence Number; Title; Section Indian tribes, on the relationship Regulatory Enforcement Fairness Act. 610 Review, if applicable; Legal between the Federal Government and For nonsignificant regulations issued Authority; Abstract; Timetable; them, or on the distribution of power routinely and frequently as a part of an Regulatory Flexibility Analysis and responsibilities between the Federal established body of technical Required; Agency Contact; and Government and various levels of requirements (such as the Federal Regulation Identifier Number (RIN). Government or Indian tribes. Therefore, Aviation Administration’s Airspace Additional information (for detailed list, we encourage State and local Rules), to keep those requirements see section heading ‘‘Explanation of Governments or Indian tribes to provide operationally current, we only include Information on the Agenda’’) on these us with information about how the the general category of the regulations, entries is available in the Unified Department’s rulemakings impact them. the identity of a contact office or Agenda published on the internet. official, and an indication of the Purpose Request for Comments expected number of regulations; we do The Department is publishing this not list individual regulations. General regulatory Agenda in the Federal In the ‘‘Timetable’’ column, we use DOT’s Agenda is intended primarily Register to share with interested abbreviations to indicate the particular for the use of the public. Since its members of the public the Department’s documents being considered. ANPRM inception, the Department has made preliminary expectations regarding its stands for Advance Notice of Proposed modifications and refinements that future regulatory actions. This should Rulemaking, SNPRM for Supplemental provide the public with more helpful enable the public to be more aware of Notice of Proposed Rulemaking, and information, as well as making the the Department’s regulatory activity and NPRM for Notice of Proposed Agenda easier to use. We would like should result in more effective public Rulemaking. Listing a future date in this you, the public, to make suggestions or participation. This publication in the column does not mean we have made a comments on how the Agenda could be Federal Register does not impose any decision to issue a document; it is the further improved. binding obligation on the Department or earliest date on which a rulemaking any of the offices within the Department document may publish. In addition, Reviews with regard to any specific item on the these dates are based on current The Department also seeks your Agenda. Regulatory action, in addition schedules. Information received after suggestions on which of our existing to the items listed, is not precluded. the issuance of this Agenda could result regulations you believe should be This document of the Department of in a decision not to take regulatory reviewed to determine whether they Transportation was signed on December action or in changes to proposed should be revised or revoked. We 7, 2020, by Elaine L. Chao, Secretary of publication dates. For example, the particularly draw your attention to the Transportation. That document with the need for further evaluation could result Department’s review plan in appendix original signature and date is in a later publication date; evidence of D. maintained by the Department of a greater need for the regulation could Transportation. For administrative result in an earlier publication date. Regulatory Flexibility Act purposes only, and in compliance with Finally, a dot (•) preceding an entry The Department is especially requirements of the Office of the Federal indicates that the entry appears in the interested in obtaining information on Register, the Department of Agenda for the first time. requirements that have a ‘‘significant Transportation has delegated authority The internet is the basic means for economic impact on a substantial to the undersigned RISC Federal disseminating the Unified Agenda. The number of small entities’’ and, therefore, Register Liaison Officer to re-sign and complete Unified Agenda is available must be reviewed under the Regulatory submit the document in electronic online at www.reginfo.gov in a format Flexibility Act. If you have any format for publication, as an official that offers users a greatly enhanced suggested regulations, please submit document of the Department of ability to obtain information from the them to the Department, along with Transportation. This administrative Agenda database. A portion of the your explanation of why they should be process in no way alters the legal effect Agenda is published in the Federal reviewed. of this document upon publication in Register, however, because the In accordance with the Regulatory the Federal Register. Regulatory Flexibility Act (5 U.S.C. 602) Flexibility Act, comments are Dated: March 11, 2021. specifically invited on regulations that mandates publication for the regulatory Alvin Levi Harrod, flexibility agenda. we have targeted for review under Accordingly, DOT’s printed Agenda section 610 of the Act. The phrase (sec. Federal Register Liaison Officer, Regulatory Information Service Center. entries include only: 610 Review) appears at the end of the 1. The agency’s Agenda preamble; title for these reviews. Please see Appendix A—Instructions for 2. Rules that are in the agency’s appendix D for the Department’s section Obtaining Copies of Regulatory regulatory flexibility agenda, in 610 review plans. Documents accordance with the Regulatory To obtain a copy of a specific regulatory Flexibility Act, because they are likely Consultation With State, Local, and Tribal Governments document in the Agenda, you should to have a significant economic impact communicate directly with the contact on a substantial number of small Executive Orders 13132 and 13175 person listed with the regulation at the entities; and require the Department to develop an address below. We note that most, if not all, VerDate Sep<11>2014 21:13 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP12.SGM 31MRP12 jbell on DSKJLSW7X2PROD with PROPOSALS12 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16929 such documents, including the Semiannual Appendix D—Review Plans for Section 1 (2018) begins in the fall of 2018 and ends Regulatory Agenda, are available through the 610 and Other Requirements in the fall of 2019; Year 2 (2019) begins in internet at http://www.regulations.gov. See the fall of 2019 and ends in the fall of 2020, appendix C for more information. Part I—The Plan and so on. The exception to this general rule General is the FAA, which provides information Appendix B—General Rulemaking about the reviews it completed for this year Contact Persons The Department of Transportation has long recognized the importance of regularly and prospective information about the The following is a list of persons who can reviewing its existing regulations to reviews it intends to complete in the next 10 be contacted within the Department for determine whether they need to be revised or years. Thus, for FAA Year 1 (2017) begins in general information concerning the revoked. Our Regulatory Policies and the fall of 2017 and ends in the fall of 2018; rulemaking process within the various Procedures require such reviews. DOT also Year 2 (2018) begins in the fall of 2018 and ends in the fall of 2019, and so on. We operating administrations. has responsibilities under Executive Order 12866, ‘‘Regulatory Planning and Review,’’ request public comment on the timing of the FAA—Brandon Roberts, Acting Executive Executive Order 13563, ‘‘Improving reviews. For example, is there a reason for Director, Office of Rulemaking, 800 Regulation and Regulatory Review,’’ 76 FR scheduling an analysis and review for a Independence Avenue SW, Washington, DC 3821 (January 18, 2011), Executive Order particular rule earlier than we have? Any 20591; telephone (202) 267–9677. 13771, ‘‘Reducing Regulation and Controlling comments concerning the plan or analyses FHWA—Jennifer Outhouse, Office of Chief Regulatory Costs,’’ Executive Order 13777, should be submitted to the regulatory Counsel, 1200 New Jersey Avenue SE, ‘‘Enforcing the Regulatory Agenda,’’ and contacts listed in appendix B, General Washington, DC 20590; telephone (202) 366– section 610 of the Regulatory Flexibility Act Rulemaking Contact Persons. 0761. to conduct such reviews. This includes the FMCSA—Steven J. LaFreniere, Regulatory designation of a Regulatory Reform Officer, Section 610 Review Ombudsman, 1200 New Jersey Avenue SE, the establishment of a Regulatory Reform The agency will analyze each of the rules Washington, DC 20590; telephone (202) 366– Task Force, and the use of plain language in a given year’s group to determine whether 0596. techniques in new rules and considering its any rule has a SEISNOSE and, thus, requires NHTSA—Dee Fujita, Office of Chief use in existing rules when we have the review in accordance with section 610 of the Counsel, 1200 New Jersey Avenue SE, opportunity and resources to revise them. We Regulatory Flexibility Act. The level of are committed to continuing our reviews of Washington, DC 20590; telephone (202) 366– analysis will, of course, depend on the nature existing rules and, if it is needed, will initiate 2992. of the rule and its applicability. Publication rulemaking actions based on these reviews. FRA—Amanda Maizel, Office of Chief The Department began a new 10-year review of agencies’ section 610 analyses listed each Counsel, 1200 New Jersey Avenue SE, cycle with the Fall 2018 Agenda. fall in this Agenda provides the public with Washington, DC 20590; telephone (202) 493– notice and an opportunity to comment 8014. Section 610 Review Plan consistent with the requirements of the FTA—Chaya Koffman, Office of Chief Section 610 requires that we conduct Regulatory Flexibility Act. We request that Counsel, 1200 New Jersey Avenue E, reviews of rules that: (1) Have been public comments be submitted to the Washington, DC 20590; telephone (202) 366– published within the last 10 years; and (2) Department early in the analysis year 3101. have a ‘‘significant economic impact on a concerning the small entity impact of the SLSDC—Carrie Mann Lavigne, Chief substantial number of small entities’’ rules to help us in making our Counsel, 180 Andrews Street, Massena, NY (SEISNOSE). It also requires that we publish determinations. 13662; telephone (315) 764–3200. in the Federal Register each year a list of any In each Fall Agenda, the agency will PHMSA—Robert Ross, Office of Chief such rules that we will review during the publish the results of the analyses it has Counsel, 1200 New Jersey Avenue SE, next year. The Office of the Secretary and completed during the previous year. For each of the Department’s Operating Washington, DC 20590; telephone (202) 768– rules that had a negative finding on Administrations have a 10-year review plan. 1365. SEISNOSE, we will give a short explanation These reviews comply with section 610 of (e.g., ‘‘these rules only establish petition MARAD—Gabriel Chavez, Office of Chief the Regulatory Flexibility Act. Counsel, Maritime Administration, 1200 New processes that have no cost impact’’ or ‘‘these Jersey Avenue SE, Washington, DC 20590; Changes to the Review Plan rules do not apply to any small entities’’). For telephone (202) 366–2621. Some reviews may be conducted earlier parts, subparts, or other discrete sections of OST—Jonathan Dols, Deputy Assistant than scheduled. For example, to the extent rules that do have a SEISNOSE, we will General Counsel for Regulation, 1200 New resources permit, the plain language reviews announce that we will be conducting a Jersey Avenue SE, Washington, DC 20590; will be conducted more quickly. Other formal section 610 review during the telephone (202) 366–4723. events, such as accidents, may result in the following 12 months. At this stage, DOT will need to conduct earlier reviews of some add an entry to the Agenda in the pre- Appendix C—Public Rulemaking rules. Other factors may also result in the rulemaking section describing the review in Dockets need to make changes; for example, we may more detail. We also will seek public make changes in response to public comment comment on how best to lessen the impact All comments submitted via the internet on this plan or in response to a presidentially of these rules and provide a name or docket are submitted through the Federal Docket mandated review. If there is any change to to which public comments can be submitted. Management System (FDMS) at the following the review plan, we will note the change in In some cases, the section 610 review may be address: http://www.regulations.gov. The the following Agenda. For any section 610 part of another unrelated review of the rule. FDMS allows the public to search, view, review, we will provide the required notice In such a case, we plan to clearly indicate download, and comment on all Federal prior to the review. which parts of the review are being agency rulemaking documents in one central conducted under section 610. online system. The above referenced internet Part II—The Review Process address also allows the public to sign up to The Analysis Other Reviews receive notification when certain documents Generally, the agencies have divided their The agency will also examine the specified are placed in the dockets. rules into 10 different groups and plan to rules to determine whether any other reasons The public also may review regulatory analyze one group each year. For purposes of exist for revising or revoking the rule or for dockets at or deliver comments on proposed these reviews, a year will coincide with the rewriting the rule in plain language. In each rulemakings to the Dockets Office at 1200 fall-to-fall schedule for publication of the Fall Agenda, the agency will also publish New Jersey Avenue SE, Room W12–140, Agenda. Most agencies provide historical information on the results of the Washington, DC 20590, 1–800–647–5527. information about the reviews that have examinations completed during the previous Working Hours: 9:00 a.m. to 5:00 p.m. occurred over the past 10 years. Thus, Year year. VerDate Sep<11>2014 21:13 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP12.SGM 31MRP12 jbell on DSKJLSW7X2PROD with PROPOSALS12 16930 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Part III—List of Pending Section 610 reviews, see the Agenda entries at search’’) and, in effect, generate the desired Reviews www.reginfo.gov. For example, to obtain a list ‘‘index’’ of reviews. The Agenda identifies the pending DOT of all entries that are in section 610 Reviews section 610 Reviews by inserting ‘‘(Section under the Regulatory Flexibility Act, a user Office of the Secretary 610 Review)’’ after the title for the specific would select the desired responses on the Section 610 and Other Reviews entry. For further information on the pending search screen (by selecting ‘‘advanced Year Regulations to be reviewed Analysis year Review year 1 ...... 49 CFR parts 91 through 99 ...... 2018 2019 14 CFR parts 200 through 212 48 CFR parts 1201 through 1224 2 ...... 48 CFR parts 1227 through 1253 and new parts and subparts ...... 2019 2020 3 ...... 14 CFR parts 213 through 232 ...... 2020 2021 4 ...... 14 CFR parts 234 through 254 ...... 2021 2022 5 ...... 14 CFR parts 255 through 298 and 49 CFR part 40 ...... 2022 2023 6 ...... 14 CFR parts 300 through 373 ...... 2023 2024 7 ...... 14 CFR parts 374 through 398 ...... 2024 2025 8 ...... 14 CFR part 399 and 49 CFR parts 1 through 15 ...... 2025 2026 9 ...... 49 CFR parts 17 through 28 ...... 2026 2027 10 ...... 49 CFR parts 29 through 39 and parts 41 through 89 ...... 2027 2028 Year 1 (Fall 2018) List of Rules That Are 48 CFR part 1202—Definitions of Words 48 CFR part 1232—Contract Financing Under Ongoing Analysis and Terms 48 CFR part 1233—Protests, Disputes, 49 CFR part 91—International Air 48 CFR part 1203—Improper Business and Appeals Transportation Fair Competitive Practices and Personal Conflicts of 48 CFR part 1235—Research and Practices Interest Development Contracting 49 CFR part 92—Recovering Debts to the 48 CFR part 1204—Administrative 48 CFR part 1236—Construction and United States by Salary Offset Matters Architect-Engineer Contracts • Section 610: OST conducted a 48 CFR part 1205—Publicizing Contract 48 CFR part 1237—Service Contracting 48 CFR part 1239—Acquisition of Section 610 review of this part and Actions Information Technology found no SEISNOSE. 48 CFR part 1206—Competition • General: The agency is aware of Requirements 48 CFR part 1242—Contract several outdated references to 48 CFR part 1207—Acquisition Administration and Audit Services 48 CFR part 1245—Government operating administrations within Planning 48 CFR part 1208–1210—[Reserved] Contracting the Department that need to be 48 CFR part 1246—Quality Assurance updated. OST’s plain language 48 CFR part 1211—Describing Agency 48 CFR part 1247—Transportation review of these rules indicates no Needs 48 CFR part 1252—Solicitation need for substantial revision. 48 CFR part 1212—[Reserved] Provisions and Contract Clauses 49 CFR part 93—Aircraft Allocation 48 CFR part 1213—Simplified 48 CFR part 1253—Forms 49 CFR part 98—Enforcement of Acquisition Procedures DOT has determined that updates Restrictions on Post-Employment 48 CFR part 1214—Sealed Bidding need to be made to the regulations Activities 48 CFR part 1215—Contracting by identified under Year 2. The regulations 49 CFR part 99—Employee Negotiation will be updated as part of RIN 2105– Responsibilities and Conduct 48 CFR part 1216—Types of Contracts AE26 (Revisions to the Transportation 14 CFR part 200—Definitions and 48 CFR part 1217—Special Contracting Acquisition Regulations). Instructions Methods 14 CFR part 201—Air Carrier Authority 48 CFR part 1218—[Reserved] Federal Aviation Administration under Subtitle VII of Title 49 of the 48 CFR part 1219—Small Business Section 610 and Other Reviews United States Code [Amended] Programs 14 CFR part 203—Waiver of Warsaw 48 CFR part 1220–1221—[Reserved] The Federal Aviation Administration Convention Liability Limits and 48 CFR part 1222—Application of Labor (FAA) has elected to use the two-step, Defenses Laws to Government Acquisitions two-year process used by most 14 CFR part 204—Data to Support 48 CFR part 1223—Environment, Energy Department of Transportation (DOT) Fitness Determinations modes in past plans. As such, the FAA 14 CFR part 205—Aircraft Accident and Water Efficiency, Renewable has divided its rules into 10 groups as Liability Insurance Energy Technologies, Occupational 14 CFR part 206—Certificates of Public Safety, and Drug-Free Workplace displayed in the table below. During the Convenience and Necessity: Special 48 CFR part 1224—Protection of Privacy first year (the ‘‘analysis year’’), all rules Authorizations and Exemptions and Freedom of Information published during the previous 10 years 14 CFR part 207—Charter Trips by U.S. within a 10% block of the regulations Year 2 (Fall 2019) List of Rules will be analyzed to identify those with Scheduled Air Carriers Analyzed and Summary of Results 14 CFR part 208—Charter Trips by U.S. a significant economic impact on a Charter Air Carriers 48 CFR parts 1227 through 1253 and substantial number of small entities 14 CFR part 211—Applications for new parts and subparts (SEISNOSE). During the second year Permits to Foreign Air Carriers 48 CFR part 1227—Patents, Data, and (the ‘‘review year’’), each rule identified 14 CFR part 212—Charter Rules for U.S. Copyrights in the analysis year as having a and Foreign Direct Air Carriers 48 CFR part 1228—Bonds and Insurance SEISNOSE will be reviewed in 48 CFR part 1201—Federal Acquisition 48 CFR part 1231—Contract Costs accordance with section 610(b) to Regulations System Principles and Procedures determine if it should be continued VerDate Sep<11>2014 21:13 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP12.SGM 31MRP12 jbell on DSKJLSW7X2PROD with PROPOSALS12 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16931 without change or changed to minimize those reviews will be published in the impact on small entities. Results of DOT Semiannual Regulatory Agenda. Year Regulations to be reviewed Analysis year Review year 1 ...... 14 CFR parts 141 through 147 and parts 170 through 187 ...... 2020 2021 2 ...... 14 CFR parts 189 through 198 and parts 1 through 16 ...... 2021 2022 3 ...... 14 CFR parts 17 through 33 ...... 2022 2023 4 ...... 14 CFR parts 34 through 39 and parts 400 through 405 ...... 2023 2024 5 ...... 14 CFR parts 43 through 49 and parts 406 through 415 ...... 2024 2025 6 ...... 14 CFR parts 60 through 77 ...... 2025 2026 7 ...... 14 CFR parts 91 through 107 ...... 2026 2027 8 ...... 14 CFR parts 417 through 460 ...... 2027 2028 9 ...... 14 CFR parts 119 through 129 and parts 150 through 156 ...... 2028 2029 10 ...... 14 CFR parts 133 through 139 and parts 157 through 169 ...... 2029 2030 Defining SEISNOSE for FAA 14 CFR part 15—Administrative claims 14 CFR Part 147—Aviation Maintenance Regulations under Federal Tort Claims Act Technician Schools The RFA does not define ‘‘significant 14 CFR part 16—Rules of practice for Federally-assisted airport Section 610: The agency conducted a economic impact.’’ Therefore, there is Section 610 review of this part and no clear rule or number to determine enforcement proceedings 14 CFR part 189—Use of Federal found no SEISNOSE. when a significant economic impact Aviation Administration General: No changes are needed. occurs. However, the Small Business communications system Administration (SBA) states that 14 CFR Part 170—Establishment and 14 CFR part 193—Protection of significance should be determined by Discontinuance Criteria for Air Traffic voluntarily submitted information Control Services and Navigational considering the size of the business, the 14 CFR part 198—Aviation insurance size of the competitor’s business and the Facilities impact the same regulation has on larger Year 1—List of Rules To Be Analyzed Section 610: The agency conducted a competitors. This Year (2020) Section 610 review of this part and Likewise, the RFA does not define 14 CFR part 141—Pilot Schools found no SEISNOSE. ‘‘substantial number.’’ However, the 14 CFR part 142—Training Centers General: No changes are needed. legislative history of the RFA suggests 14 CFR part 143—Reserved that a substantial number must be at 14 CFR part 144—Does not exist 14 CFR Part 171—Non-Federal least one but does not need to be an 14 CFR part 145—Repair Stations Navigational Facilities overwhelming percentage such as more 14 CFR part 146—Does not exist Section 610: The agency conducted a than half. The SBA states that the 14 CFR part 147—Aviation Maintenance Section 610 review of this part and substantiality of the number of small Technician Schools found no amendments to 14 CFR 185 businesses affected should be 14 CFR part 170—Establishment and since July 2010. Thus, no SEISNOSE determined on an industry-specific Discontinuance Criteria for Air exists in this part. basis. Traffic Control Services and General: No changes are needed. This analysis consisted of the Navigational Facilities following three steps: 14 CFR part 171—Non-Federal 14 CFR Part 183—Representatives of the 1. Review of the number of small Navigation Facilities Administrator entities affected by the amendments to 14 CFR part 172 through 182—Does not Section 610: The agency conducted a parts 141 through 147 and parts 170 exist Section 610 review of this part and through 187. 14 CFR part 183—Representatives of the found no SEISNOSE. 2. Identification and analysis of all Administrator amendments to parts 141 through 147 14 CFR part 184—Does not exist General: No changes are needed. and parts 170 through 187 since July Year 1 (2020) List of Rules Analyzed 14 CFR Part 185—Testimony by 2010 to determine whether any still and Summary of Results Employees and Production of Records have or now have a SEISNOSE. in Legal Proceedings, and Service of 3. Review of the FAA’s regulatory 14 CFR Part 141—Pilot Schools Legal Process and Pleadings flexibility assessment of each Section 610: The agency conducted a Section 610: The agency conducted a amendment performed as required by Section 610 review of this part and the RFA. section 610 review of this part and found no SEISNOSE. found no amendments to 14 CFR 185 General: No changes are needed. Year 2—List of Rules To Be Analyzed since July 2010. Thus, no SEISNOSE Next Year (2021) 14 CFR Part 142—Training Centers exists in this part. 14 CFR part 1—Definitions and Section 610: The agency conducted a General: No changes are needed. abbreviations Section 610 review of this part and 14 CFR Part 187—Fees 14 CFR part 3—General requirements found no SEISNOSE. 14 CFR part 11—General rulemaking General: No changes are needed. Section 610: The agency conducted a procedures section 610 review of this part and 14 CFR part 13—Investigative and 14 CFR Part 145—Repair Stations found no SEISNOSE. enforcement procedures Section 610: The agency conducted a General: No changes are needed. 14 CFR part 14—Rules implementing Section 610 review of this part and Federal Highway Administration the Equal Access to Justice Act of found no SEISNOSE. 1980 General: No changes are needed. Section 610 and Other Reviews VerDate Sep<11>2014 21:13 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP12.SGM 31MRP12 jbell on DSKJLSW7X2PROD with PROPOSALS12 16932 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Year Regulations to be reviewed Analysis year Review year 1 ...... None ...... 2018 2019 2 ...... 23 CFR parts 1 to 260 ...... 2019 2020 3 ...... 23 CFR parts 420 to 470 ...... 2020 2021 4 ...... 23 CFR part 500 ...... 2021 2022 5 ...... 23 CFR parts 620 to 637 ...... 2022 2023 6 ...... 23 CFR parts 645 to 669 ...... 2023 2024 7 ...... 23 CFR parts 710 to 924 ...... 2024 2025 8 ...... 23 CFR parts 940 to 973 ...... 2025 2026 9 ...... 23 CFR parts 1200 to 1252 ...... 2026 2027 10 ...... New parts and subparts ...... 2027 2028 Federal-Aid Highway Program impose the least burden. FHWA’s plain 3 CFR Part 200—Title VI Program and The Federal Highway Administration language review of these rules indicates Related Statutes—Implementation and (FHWA) has adopted regulations in title no need for substantial revision. Review Procedures 23 of the CFR, chapter I, related to the 23 CFR Part 172—Procurement, • Section 610: No SEISNOSE. No Federal-Aid Highway Program. These Management, and Administration of small entities are affected. regulations implement and carry out the Engineering and Design Related • General: No changes are needed. provisions of Federal law relating to the Services These regulations are cost effective and administration of Federal aid for • Section 610: No SEISNOSE. No impose the least burden. FHWA’s plain highways. The primary law authorizing language review of these rules indicates Federal aid for highways is chapter I of small entities are affected. • General: No changes are needed. no need for substantial revision. title 23 of the U.S.C. 145, which These regulations are cost effective and expressly provides for a federally 23 CFR Part 230—External Programs impose the least burden. FHWA’s plain assisted State program. For this reason, language review of these rules indicates • Section 610: No SEISNOSE. No the regulations adopted by the FHWA in no need for substantial revision. small entities are affected. title 23 of the CFR primarily relate to the • General: FHWA is updating these requirements that States must meet to 23 CFR Part 180—Credit Assistance for subpart C of these regulations under RIN receive Federal funds for construction Surface Transportation Projects 2125–AF87 to reduce duplicative and other work related to highways. • Section 610: No SEISNOSE. No burdens. FHWA’s plain language review Because the regulations in title 23 small entities are affected. of these rules indicates no need for primarily relate to States, which are not • General: No changes are needed. substantial revision. defined as small entities under the These regulations are cost effective and Regulatory Flexibility Act, the FHWA impose the least burden. FHWA’s plain 23 CFR Part 260—Education and believes that its regulations in title 23 language review of these rules indicates Training Programs do not have a significant economic no need for substantial revision. • Section 610: No SEISNOSE. No impact on a substantial number of small 23 CFR Part 190—Incentive Payments small entities are affected. entities. The FHWA solicits public • comment on this preliminary for Controlling Outdoor Advertising on General: No changes are needed. conclusion. the Interstate System These regulations are cost effective and • impose the least burden. FHWA’s plain Year 2 (Fall 2019) List of Rules That Section 610: No SEISNOSE. No language review of these rules indicates small entities are affected. Will Be Analyzed During the Next Year • no need for substantial revision. and a Summary of Results General: No changes are needed. These regulations are cost effective and Year 3 (Fall 2020) List of Rules That 23 CFR Part 1—General impose the least burden. FHWA’s plain Will Be Analyzed During the Next Year • language review of these rules indicates Section 610: No SEISNOSE. No 23 CFR part 420—Planning and research no need for substantial revision. small entities are affected. program administration • General: No changes are needed. 23 CFR Part 192—Drug Offender’s These regulations are cost effective and 23 CFR part 450—Planning assistance Driver’s License Suspension impose the least burden. FHWA’s plain and standards language review of these rules indicates • Section 610: No SEISNOSE. No 23 CFR part 460—Public road mileage no need for substantial revision. small entities are affected. for apportionment of highway • General: FHWA is updating these safety funds 23 CFR Part 140—Reimbursement regulations under RIN 2125–AF93 to 23 CFR part 470—Highway systems • increase are cost effectiveness and Section 610: No SEISNOSE. No Federal Motor Carrier Safety reduce burden. FHWA’s plain language small entities are affected. Administration • General: No changes are needed. review of these rules indicates no need These regulations are cost effective and for substantial revision. Section 610 and Other Reviews Year Regulations to be reviewed Analysis year Review year 1 ...... 49 CFR part 386 ...... 2018 2019 2 ...... 49 CFR part 385 ...... 2019 2020 3 ...... 49 CFR parts 382 and 383 ...... 2020 2021 4 ...... 49 CFR part 380 ...... 2021 2022 5 ...... 49 CFR part 387 ...... 2022 2023 6 ...... 49 CFR part 398 ...... 2023 2024 7 ...... 49 CFR part 392 ...... 2024 2025 VerDate Sep<11>2014 21:13 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP12.SGM 31MRP12 jbell on DSKJLSW7X2PROD with PROPOSALS12 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16933 Year Regulations to be reviewed Analysis year Review year 8 ...... 49 CFR part 375 ...... 2025 2026 9 ...... 49 CFR part 367 ...... 2026 2027 10 ...... 49 CFR part 395 ...... 2027 2028 Year 2 (2019) List of Rules With • General: There is no need for in a SEISNOSE, because they do not Ongoing Analysis substantial revision. These regulations introduce new costs to small carriers. provide necessary/clear guidance to • General: There is no need for 49 CFR Part 386—Rules of Practice for industry and drivers. The regulations substantial revision as these regulations Motor Carrier, Intermodal Equipment are written consistent with plain provide necessary guidance to the Provider, Broker, Freight Forwarder, language guidelines, are cost effective, industry. The regulations are written and Hazardous Materials Proceedings and impose the least economic burden consistent with plain language • Section 610: FMCSA analyzed 49 to industry. guidelines and impose the least economic burden to industry. CFR part 386, and found no 49 CFR Part 385—Safety Fitness SEIOSNOSE. 49 CFR part 386 is a Procedures Year 3 (2020) List of Rules That Will Be permissive set of rules that establish • Section 610: FMCSA analyzed 49 Analyzed During the Next Year procedures for respondents, petitioners, CFR part 385, and found no 49 CFR part 382—Controlled Substances and others seeking relief from a SEIOSNOSE. 49 CFR part 385 provides and Alcohol Use and Testing determination of non-compliance with guidance on safety fitness procedures 49 CFR part 383—Commercial Driver’s Federal Motor Carrier Safety including monitoring, new entrants, License Standards; Requirements Regulations or Hazardous Materials intermodal equipment, and hazardous and Penalties Regulations. The rule also provides materials safety permits. The rule National Highway Traffic Safety recourse for commercial drivers to addresses safety initiatives whose cost Administration report employer harassment or coercion are required by 49 CFR parts 360, 367, to violate rules. 387, and 390. These rules do not result Section 610 and Other Reviews Year Regulations to be reviewed Analysis year Review year 1 ...... 49 CFR parts 571.223 through 571.500, and parts 575 and 579 ...... 2018 2019 2 ...... 23 CFR parts 1200 and 1300 ...... 2019 2020 3 ...... 49 CFR parts 501 through 526 and 571.213 ...... 2020 2021 4 ...... 49 CFR parts 571.131, 571.217, 571.220, 571.221, and 571.222 ...... 2021 2022 5 ...... 49 CFR parts 571.101 through 571.110, and 571.135, 571.136, 571.138 and 571.139 ...... 2022 2023 6 ...... 49 CFR parts 571.141, 529 through 578, except parts 571 and 575 ...... 2023 2024 7 ...... 49 CFR parts 571.111 through 571.129 and 580 through 588 ...... 2024 2025 8 ...... 49 parts CFR 571.201 through 571.212 ...... 2025 2026 9 ...... 49 parts CFR 571.214 through 571.219, except 571.217 ...... 2026 2027 Years 1 and 2 (Fall 20192020) List of 49 CFR part 571.303—Fuel System 49 CFR part 575—Consumer Rules With Ongoing Analysis Integrity of Compressed Natural Gas Information Vehicles 49 CFR part 579—Reporting of 49 CFR part 571.223—Rear Impact 49 CFR part 571.304—Compressed Information and Communications Guards Natural Gas Fuel Container Integrity 49 CFR part 571.224—Rear Impact 49 CFR part 571.305—Electric-Powered About Potential Defects Protection Vehicles: Electrolyte Spillage and 23 CFR part 1200—Uniform Procedures 49 CFR part 571.225—Child Restraint Electrical Shock Protection for State Highway Safety Grant Anchorage Systems 49 CFR part 571.401—Interior Trunk Programs Release 49 CFR part 571.226—Ejection 23 CFR part 1300—Uniform Procedures 49 CFR part 571.403—Platform Lift Mitigation Systems for Motor Vehicles for State Highway Safety Grant 49 CFR part 571.301—Fuel System 49 CFR part 571.404—Platform Lift Programs Integrity Installations in Motor Vehicles Federal Railroad Administration 49 CFR part 571.302—Flammability of 49 CFR part 571.500—Low-Speed Interior Materials Vehicles Section 610 and Other Reviews Year Regulations to be reviewed Analysis year Review year 1 ...... 49 CFR parts 200, 207, 209, and 210 ...... 2018 2019 2 ...... 49 CFR parts 211, 212, 213, 214, and 215 ...... 2019 2020 3 ...... 49 CFR parts 216, 217, 218, 219, and 220 ...... 2020 2021 4 ...... 49 CFR parts 221, 222, 223, 224, and 225 ...... 2021 2022 5 ...... 49 CFR parts 227, 228, 229, 230, and 231 ...... 2022 2023 6 ...... 49 CFR parts 232, 233, 234, 235, and 236 ...... 2023 2024 7 ...... 49 CFR parts 237, 238, 249, 240, and 241 ...... 2024 2025 8 ...... 49 CFR parts 242, 243, 244, 250, and 256 ...... 2025 2026 9 ...... 49 CFR parts 261, 262, 264, 266, and 268 ...... 2026 2027 VerDate Sep<11>2014 21:13 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP12.SGM 31MRP12 jbell on DSKJLSW7X2PROD with PROPOSALS12 16934 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Year Regulations to be reviewed Analysis year Review year 10 ...... 49 CFR parts 269, 270, and 272 ...... 2027 2028 Year 2 (Fall 2019) List of Rules D General: The rule prescribes Federal Transit Administration Analyzed and a Summary of Results minimum safety requirements for Section 610 and Other Reviews 49 CFR Part 211—Rules of Practice railroad track that is part of the general railroad system of transportation. The The Regulatory Flexibility Act of 1980 D Section 610: There is no objective of the rule is to enhance the SEIOSNOSE. (RFA), as amended (sections 601 safety of rail transportation, protecting through 612 of title 5, United States D General: No changes are needed. both those traveling and working on the Code), requires Federal regulatory These regulations are cost effective and system and those off the system who agencies to analyze all proposed and impose the least burden. FRA’s plain might be adversely affected by a rail language review of this rule indicates no incident. FRA’s plain language review final rules to determine their economic need for substantial revision. of this rule indicates no need for impact on small entities, which include small businesses, organizations, and 49 CFR Part 212—State Safety substantial revision. governmental jurisdictions. Section 610 Participation Regulations 49 CFR Part 214—Railroad Workplace requires government agencies to D Section 610: There is no Safety periodically review all regulations that SEIOSNOSE. D Section 610: There is a SEIOSNOSE. will have a significant economic impact D General: No changes are needed. As part of the rulemaking process, FRA on a substantial number of small entities These regulations are cost effective and conducted a review of the impact that (SEISNOSE). impose the least burden. FRA’s plain this rulemaking could have on small In complying with this section, the language review of this rule indicates no businesses and whether any need for substantial revision. opportunities may exist to reduce the Federal Transit Administration (FTA) burdens on small railroads without has elected to use the two-step, two-year 49 CFR Part 213—Track Safety process used by most Department of Standards compromising safety. D Transportation (DOT) modes. As such, • General: FRA’s plain language Section 610: This rule is expected review of this rule indicates no need for FTA has divided its rules into 10 groups to have a significant economic impact substantial revision. as displayed in the table below. During on a substantial number of small entities the analysis year, the listed rules will be 49 CFR Part 215—Railroad Freight Car (SEIOSNOSE). These small entities are analyzed to identify those with a Safety Standards approximately 737 short line railroads. SEISNOSE. During the review year, each As part of the rulemaking process, FRA D Section 610: There is a SEIOSNOSE. rule identified in the analysis year as D conducted a review of the impact that General: No changes are needed. having a SEISNOSE will be reviewed in this rulemaking could have on small This rule already limits economic accordance with Section 610(b) to businesses and whether any impact on small entities through determine if it should be continued opportunities may exist to reduce the Appendix D of the rule. FRA’s plain without change or changed to minimize burdens on small railroads without language review of this rule indicates no compromising safety. need for substantial revision. the impact on small entities. Year Regulations to be reviewed Analysis year Review year 1 ...... 49 CFR parts 604, 605, and 624 ...... 2018 2019 2 ...... 49 CFR parts 609 and 640 ...... 2019 2020 3 ...... 49 CFR part 633 ...... 2020 2021 4 ...... 49 CFR part 611 ...... 2021 2022 5 ...... 49 CFR part 655 ...... 2022 2023 6 ...... 49 CFR parts 602 and 614 ...... 2023 2024 7 ...... 49 CFR parts 661 and 663 ...... 2024 2025 8 ...... 49 CFR parts 625, 630, and 665 ...... 2025 2026 9 ...... 49 CFR parts 613, 622, 670 and 674 ...... 2026 2027 10 ...... 49 CFR parts 650, 672 and 673 ...... 2027 2028 Year 2 (2019) List of Rules Analyzed and handicapped persons during non- 49 CFR Part 640—Credit Assistance for and Summary of Results peak hours for transportation utilizing Surface Transportation Projects or involving the facilities and 49 CFR Part 609—Transportation for • Section 610: FTA conducted a Elderly and Handicapped Persons equipment of the project financed with FTA assistance. Section 610 review of 49 CFR part 640 • Section 610: FTA conducted a and determined that it would not result • Section 610 review of 49 CFR part 609 General: No changes are needed. in a SEISNOSE within the meaning of and determined that it would not result FTA estimated the costs and projected the RFA. The regulation is a cross- in a SEISNOSE within the meaning of benefits of the rule and believes it is reference to the Department of the RFA. The rule ensures that cost-effective and imposes the least Transportation’s Credit Assistance for applicants for financial assistance under burden. FTA’s plain language review of Surface Transportation Projects section 5307 of title 49, United States this rule indicates no need for regulation at 49 CFR part 80. FTA does Code, as a condition of receiving such substantial revision. not own the cross-referenced regulation assistance, provide half-fares for elderly and, accordingly, cannot make changes VerDate Sep<11>2014 21:13 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP12.SGM 31MRP12 jbell on DSKJLSW7X2PROD with PROPOSALS12 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16935 or determine whether it is a SEISNOSE Year 3 (2020) List of Rules To Be Maritime Administration within the meaning of the RFA. Analyzed the Next Year • General: No changes are needed. Section 610 and Other Reviews The regulation is a cross-reference to a 49 CFR Part 633—Project Management DOT regulation. Oversight Year Regulations to be reviewed Analysis year Review year 1 ...... 46 CFR parts 201 through 205, 46 CFR parts 315 through 340, 46 CFR part 345 through 2018 2019 347, and 46 CFR parts 381 and 382. 2 ...... 46 CFR parts 221 through 232 ...... 2019 2020 3 ...... 46 CFR parts 249 through 296 ...... 2020 2021 4 ...... 46 CFR parts 221, 298, 308, and 309 ...... 2021 2022 5 ...... 46 CFR parts 307 through 309 ...... 2022 2023 6 ...... 46 CFR part 310 ...... 2023 2024 7 ...... 46 CFR parts 315 through 340 ...... 2024 2025 8 ...... 46 CFR parts 345 through 381 ...... 2025 2026 9 ...... 46 CFR parts 382 through 389 ...... 2026 2027 10 ...... 46 CFR parts 390 through 393 ...... 2027 2028 Year 1 (2018) List of Rules With 46 CFR part 337—General Agent’s on small entities. MARAD’s plain Ongoing Analysis Responsibility in Connection with language review of this rule indicates no 46 CFR part 201—Rules of Practice and Foreign Repair Custom’s Entries need of substantial revision. Procedure 46 CFR part 338—Procedure for Accomplishment of Vessel Repairs Year 2 (2019) List of Rules Analyzed 46 CFR part 202—Procedures relating to and a Summary of Results review by Secretary of Under National Shipping Authority Transportation of actions by Master Lump Sum Repair 46 CFR Part 221—Regulated Maritime Subsidy Board Contract—NSA-Lumpsumrep Transactions Involving Documented 46 CFR part 203—Procedures relating to 46 CFR part 339—Procedure for Vessels and Other Maritime Interests Accomplishment of Ship Repairs conduct of certain hearings under • Section 610: There is no the Merchant Marine Act, 1936, as Under National Shipping Authority Individual Contract for Minor SEIOSNOSE. amended • General: The purpose of this rule is 46 CFR part 205—Audit Appeals; Policy Repairs—NSA-Workmanship 46 CFR part 340—Priority Use and to govern practice and procedure in and Procedure regulating interest in or control of 46 CFR part 315—Agency Agreements Allocation of Shipping Services, Containers and Chassis, and Port Documented Vessels owned by Citizens and Appointment of Agents of the United States to Noncitizens and 46 CFR part 317—Bonding of Ship’s Facilities and Services for National Security and National Defense transactions involving certain maritime Personnel interests in time of war or national 46 CFR part 324—Procedural Rules for Related Operations emergency. The agency has determined Financial Transactions Under 46 CFR part 345—Restrictions Upon the that the rule is cost-effective and Agency Agreements Transfer or Change in Use or In imposes the least possible burden on 46 CFR part 325—Procedure to Be Terms Governing Utilization of Port small entities. MARAD’s plain language Followed by General Agents in Facilities review of this rule indicates no need of Preparation of Invoices and 46 CFR part 346—Federal Port substantial revision. Payment of Compensation Pursuant Controllers 46 CFR part 347—Operating Contract to Provisions of NSA Order No. 47 46 CFR part 381—Cargo Preference— 46 CFR 232—Uniform Financial 46 CFR part 326—Marine Protection and U.S.-Flag Vessels Reporting Requirements Indemnity Insurance Under 46 CFR part 382—Determination of Fair • Section 610: There is no Agreements with Agents and Reasonable Rates for the 46 CFR part 327—Seamen’s Claims; SEIOSNOSE. Carriage of Bulk and Packaged • Administrative Action and General: The purpose of this rule is Preference Cargoes on U.S.-Flag Litigation to govern practice and procedure to all 46 CFR part 328—Slop Chests Commercial Vessels participants in financial assistance 46 CFR part 329—Voyage Data Year 1 (2018) List of Rules Analyzed programs administered by the Maritime 46 CFR part 330—Launch Services and a Summary of Results Administration. The agency has 46 CFR part 332—Repatriation of determined that the rule is cost-effective Seamen 46 CFR Part 204—Claims Against the and imposes the least possible burden 46 CFR part 335—Authority and Maritime Administration Under the on small entities. MARAD’s plain Responsibility of General Agents to Federal Tort Claims Act language review of this rule indicates no Undertake Emergency Repairs in • Section 610: There is no need of substantial revision. Foreign Ports SEIOSNOSE. Year 3 (2020) List of Rules That Will Be 46 CFR part 336—Authority and • General: The purpose of this rule is Analyzed During This Year Responsibility of General Agents to to prescribe the requirements and Undertake in Continental United procedures for administrative claims 46 CFR part 249—Approval of States Ports Voyage Repairs and against the United States involving the Underwriters for Marine Hull Service Equipment of Vessels Maritime Administration under the Insurance Operated for the Account of The Federal Tort Claims Act. The agency has 46 CFR part 272—Requirements and National Shipping Authority Under determined that the rule is cost-effective Procedures for Conducting General Agency Agreement and imposes the least possible burden Condition Surveys and VerDate Sep<11>2014 21:13 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP12.SGM 31MRP12 jbell on DSKJLSW7X2PROD with PROPOSALS12 16936 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Administering Maintenance and Vessels, Operating-Differential 46 CFR part 296—Maritime Security Repair Subsidy Subsidy Vessels and of Vessels Sold Program 46 CFR part 277—Domestic and Foreign or Adjusted Under the Merchant Pipeline and Hazardous Materials Trade; Interpretations Ship Sales Act of 1946 46 CFR part 287—Establishment of Safety Administration (PHMSA) 46 CFR part 295—Maritime Security Construction Reserve Funds Section 610 and Other Reviews 46 CFR part 289—Insurance of Program Construction-Differential Subsidy Year Regulations to be reviewed Analysis year Review year 1 ...... 49 CFR part 178 ...... 2018 2019 2 ...... 49 CFR parts 178 through 180 ...... 2019 2020 3 ...... 49 CFR parts 172 and 175 ...... 2020 2021 4 ...... 49 CFR part 171, sections 171.15 and 171.16 ...... 2021 2022 5 ...... 49 CFR parts 106, 107, 171, 190, and 195 ...... 2022 2023 6 ...... 49 CFR parts 174, 177, and 199 ...... 2023 2024 7 ...... 49 CFR parts 176, 191 and 192 ...... 2024 2025 8 ...... 49 CFR parts 172 and 178 ...... 2025 2026 9 ...... 49 CFR parts 172, 173, 174, 176, 177, and 193 ...... 2026 2027 10 ...... 49 CFR parts 173 and 194 ...... 2027 2028 Year 2 (Fall 2020) List of Rules As an example, the Modal Regulatory because of the proposed amendments in Analyzed and a Summary of Results Reforms Initiatives, 2137–AF41, the 2137–AF41 rulemaking. The • rulemaking action is part of PHMSA’s proposed amendments are expected to 49 CFR part 178—Specifications for response to clarify current regulatory result in an overall net cost savings and Packaging requirements and address public ease the regulatory compliance burden • 49 CFR part 179—Specifications for comments received to the Department’s for shippers, carriers, manufacturers, Tank Cars regulatory reform and infrastructure and requalifiers, specifically those • 49 CFR part 180—Continuing notices. This rulemaking also proposes modal-specific packaging and Qualification and Maintenance of to address a variety of petitions for requalification requirements. This Packaging rulemaking, specific to modal rulemaking is one example of PHMSA’s stakeholders, and other issues identified Section 610: PHMSA conducted a review of rulemakings which ensures by PHMSA during its regulatory review. that our rules do not have a significant review of these parts and found no The impact that the 2137–AF41 SEISNOSE. economic impact on a substantial rulemaking will have on small entities number of small entities. • General: PHMSA has reviewed is not expected to be significant. The these parts and found that while these rulemaking is based on PHMSA’s Year 3 (Fall 2021) List of Rules That parts do not have SEISNOSE, they could initiatives and correspondence with the Will Be Analyzed During the Next Year be streamlined to reflect new regulated community, as well as 49 CFR part 172—Hazardous Materials technologies and updated to reflect PHMSA’s consultation with its modal Table, Special Provisions, current practices. Therefore, PHMSA partners, including FMCSA, FRA, and Hazardous Materials has initiated deregulatory rulemakings the United States Coast Guard (USCG). Communications, Emergency to reduce the compliance burdens of The proposed changes are generally Response Information, Training parts 178, 179, and 180. Further, intended to provide regulatory relief or Requirements, and Security Plans PHMSA’s plain language review of these clarity and, as a result, positive parts indicates no need for substantial economic benefits to shippers, carriers, 49 CFR part 175—Carriage by Aircraft revision. Where confusing or ambiguous and packaging manufacturers and Saint Lawrence Seaway Development language has been identified, PHMSA testers, including small entities. Corporation plans to propose or finalize revisions in In conclusion, many companies are rulemakings. expecting to realize economic benefits, Section 610 and Other Reviews Year Regulations to be reviewed Analysis year Review year 1 ...... * 33 CFR parts 401 through 403 ...... 2018 2019 * The review for these regulations is recurring each year of the 10-year review cycle (currently 2018 through 2027). Year 1 (Fall 2018) List of Rules That 33 CFR part 402—Tariff of Tolls Will Be Analyzed During the Next Year 33 CFR part 403—Rules of Procedure of 33 CFR part 401—Seaway Regulations the Joint Tolls Review Board and Rules OFFICE OF THE SECRETARY—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 289 ...... + Defining Unfair or Deceptive Practices ...... 2105–AE72 VerDate Sep<11>2014 21:13 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP12.SGM 31MRP12 jbell on DSKJLSW7X2PROD with PROPOSALS12 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16937 OFFICE OF THE SECRETARY—FINAL RULE STAGE—Continued Regulation Sequence No. Title Identifier No. 290 ...... + Accessible Lavatories on Single-Aisle Aircraft: Part I (Rulemaking Resulting From a Section 610 Re- 2105–AE88 view). 291 ...... Civil Monetary Penalties 2021 Inflation Adjustment (Section 610 Review) ...... 2105–AE99 + DOT-designated significant regulation. OFFICE OF THE SECRETARY—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 292 ...... + Air Transportation Consumer Protection Requirements for Ticket Agents (Section 610 Review) ...... 2105–AE57 + DOT-designated significant regulation. FEDERAL AVIATION ADMINISTRATION—PRERULE STAGE Regulation Sequence No. Title Identifier No. 293 ...... + Applying the Flight, Duty, and Rest Rules of 14 CFR Part 135 to Tail-End Ferry Operations (FAA Reau- 2120–AK26 thorization). + DOT-designated significant regulation. FEDERAL AVIATION ADMINISTRATION—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 294 ...... + Aircraft Registration and Airmen Certification Fees ...... 2120–AK37 295 ...... Requirements to File Notice of Construction of Meteorological Evaluation Towers and Other Renewable 2120–AK77 Energy Projects (Section 610 Review). + DOT-designated significant regulation. FEDERAL AVIATION ADMINISTRATION—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 296 ...... + Airport Safety Management System ...... 2120–AJ38 297 ...... + Pilot Records Database (HR 5900) ...... 2120–AK31 298 ...... + Registration and Marking Requirements for Small Unmanned Aircraft (Reg Plan Seq No. 71) ...... 2120–AK82 299 ...... + Operations of Small Unmanned Aircraft Over People ...... 2120–AK85 300 ...... + Remote Identification of Unmanned Aircraft Systems ...... 2120–AL31 + DOT-designated significant regulation. References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. FEDERAL AVIATION ADMINISTRATION—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 301 ...... + Regulation Of Flight Operations Conducted By Alaska Guide Pilots ...... 2120–AJ78 302 ...... + Drug and Alcohol Testing of Certain Maintenance Provider Employees Located Outside of the United 2120–AK09 States. 303 ...... + Helicopter Air Ambulance Pilot Training and Operational Requirements (HAA II) (FAA Reauthorization) .. 2120–AK57 + DOT-designated significant regulation. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 304 ...... + Controlled Substances and Alcohol Testing: State Driver’s Licensing Agency Downgrade of Commercial 2126–AC11 Driver’s License (Section 610 Review). + DOT-designated significant regulation. VerDate Sep<11>2014 21:13 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP12.SGM 31MRP12 jbell on DSKJLSW7X2PROD with PROPOSALS12 16938 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 305 ...... + Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers Operating in 2126–AA35 the United States. + DOT-designated significant regulation. SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 306 ...... Seaway Regulations and Rules: Periodic Update, Various Categories (Rulemaking Resulting From a 2135–AA49 Section 610 Review). 307 ...... Tariff of Tolls (Rulemaking Resulting From a Section 610 Review) ...... 2135–AA50 PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 308 ...... + Pipeline Safety: Amendments to Parts 192 and 195 to Require Valve Installation and Minimum Rupture 2137–AF06 Detection Standards. 309 ...... + Hazardous Materials: Enhanced Safety Provisions for Lithium Batteries Transported by Aircraft (FAA 2137–AF20 Reauthorization Act of 2018). + DOT-designated significant regulation. DEPARTMENT OF TRANSPORTATION future enforcement orders the basis for Legal Authority: 49 U.S.C. 41705; (DOT) concluding that a practice is unfair or FAA Reauthorization Act of 2016, Pub deceptive where no existing regulation L. No. 114–190, 130 Stat. 615, 622 Office of the Secretary (OST) governs the practice in question, state Abstract: This rulemaking would Final Rule Stage the basis for its conclusion that a require airlines to take steps to improve practice is unfair or deceptive when it 289. +Defining Unfair or Deceptive the accessibility of lavatories on single- issues discretionary aviation consumer Practices aisle aircraft short of increasing the size protection regulations, and apply formal of the lavatories. The rulemaking would E.O. 13771 Designation: Deregulatory. hearing procedures for discretionary ensure the accessibility of features Legal Authority: 49 U.S.C. 41712 aviation consumer protection within an aircraft lavatory, including Abstract: This rulemaking would rulemakings. In addition, this but not limited to, toilet seat, assist define the phrase ‘‘unfair or deceptive rulemaking would codify the handles, faucets, flush control, practice’’ found in the Department’s longstanding practice of the Department attendant call buttons, lavatory controls aviation consumer protection statute. to offer airlines and ticket agents the and dispensers, lavatory door sill, and The Department’s statute is modeled opportunity to be heard and present door locks. The rulemaking would also after a similar statute granting the relevant evidence before any consider standards for the on-board Federal Trade Commission (FTC) the determination is made on how to wheelchair to improve its safety/ authority to regulate unfair or deceptive resolve a matter involving a potential maneuverability and easily permit its practices. Using the FTC’s policy unfair or deceptive practice. entry into the aircraft lavatory. statements as a guide, the Department Timetable: Timetable: has found a practice to be unfair if it causes or is likely to cause substantial Action Date FR Cite Action Date FR Cite harm, the harm cannot reasonably be Final Rule ...... 11/00/20 avoided, and the harm is not NPRM ...... 01/02/20 85 FR 27 outweighed by any countervailing Regulatory Flexibility Analysis NPRM Comment 03/02/20 benefits to consumers or to competition. Required: Yes. Period End. Likewise, the Department has found a Agency Contact: Blane A. Workie, Final Rule ...... 12/00/20 practice to be deceptive if it misleads or Assistant General Counsel, Department is likely to mislead a consumer acting of Transportation, Office of the Regulatory Flexibility Analysis reasonably under the circumstances Secretary, 1200 New Jersey Avenue SE, Required: No. with respect to a material issue (one that Washington, DC 20590, Phone: 202 366– Agency Contact: Blane A. Workie, is likely to affect the consumer’s 9345, Fax: 202 366–7153, Email: decision with regard to a product or Assistant General Counsel, Department [email protected]. of Transportation, Office of the service). This rulemaking would codify RIN: 2105–AE72 the Department’s existing interpretation Secretary, 1200 New Jersey Avenue SE, of ‘‘unfair or deceptive practice,’’ and 290. +Accessible Lavatories on Single– Washington, DC 20590, Phone: 202 366– seek comment on any whether changes Aisle Aircraft: Part I (Rulemaking 9345, Fax: 202 366–7153, are needed. The rulemaking would also Resulting From a Section 610 Review) Email:[email protected]. require the Department to articulate in E.O. 13771 Designation: Deregulatory. RIN: 2105–AE88 VerDate Sep<11>2014 21:13 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP12.SGM 31MRP12 jbell on DSKJLSW7X2PROD with PROPOSALS12 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16939 291. • Civil Monetary Penalties 2021 Regulatory Flexibility Analysis DEPARTMENT OF TRANSPORTATION Inflation Adjustment (Section 610 Required: No. (DOT) Review) Agency Contact: Blane A. Workie, Federal Aviation Administration (FAA) E.O. 13771 Designation: Not subject Assistant General Counsel, Department to, not significant. of Transportation, Office of the Proposed Rule Stage Legal Authority: Not Yet Determined Secretary, 1200 New Jersey Avenue SE, 294. +Aircraft Registration and Airmen Abstract: This rulemaking will adjust Washington, DC 20590, Phone: 202 366– Certification Fees civil penalties assessed by the 9345, Fax: 202 366–7153, Email: Department for inflation, as required by E.O. 13771 Designation: Fully or [email protected]. the Federal Civil Penalties Inflation Partially Exempt. Adjustment Act Improvements Act of RIN: 2105–AE57 Legal Authority: 31 U.S.C. 9701; 4 2015. To ensure coordination across the U.S.T. 1830; 49 U.S.C. 106(f); 49 U.S.C. Department, the Office of the Secretary 106(g); 49 U.S.C. 106(l)(6); 49 U.S.C. is publishing one omnibus rule 40104; 49 U.S.C. 40105; 49 U.S.C. DEPARTMENT OF TRANSPORTATION 40109; 49 U.S.C. 40113; 49 U.S.C. updating all of the affected modes and (DOT) offices’ civil monetary penalties for 40114; 49 U.S.C. 44101 to 44108; 49 2021. Federal Aviation Administration (FAA) U.S.C. 44110 to 44113; 49 U.S.C. 44701 Timetable: to 44704; 49 U.S.C. 44707; 49 U.S.C. Prerule Stage 44709 to 44711; 49 U.S.C. 44713; 49 Action Date FR Cite 293. +Applying the Flight, Duty, and U.S.C. 45102; 49 U.S.C. 45103; 49 U.S.C. 45301; 49 U.S.C. 45302; 49 U.S.C. Rest Rules of 14 CFR Part 135 to Tail– Final Rule ...... 01/00/21 45305; 49 U.S.C. 46104; 49 U.S.C. End Ferry Operations (FAA 46301; Pub. L. 108–297, 118 Stat. 1095 Regulatory Flexibility Analysis Reauthorization) Abstract: This rulemaking would Required: No. establish fees for airman certificates, Agency Contact: Blaine A. Workie, E.O. 13771 Designation: Regulatory. medical certificates, and provision of Assistant General Counsel, Department Legal Authority: 49 U.S.C. 106(f); 49 legal opinions pertaining to aircraft of Transportation, Office of the U.S.C. 106(g); 49 U.S.C. 1153; 49 U.S.C. registration or recordation. This Secretary, 1200 New Jersey Avenue SE, 40101; 49 U.S.C. 40102; 49 U.S.C. rulemaking also would revise existing Washington, DC 20590, Phone: 202 366– 40103; 49 U.S.C. 40113; 49 U.S.C. 9345, Fax: 202 366–7153, Email: fees for aircraft registration, recording of 41706; 49 U.S.C. 44105; 49 U.S.C. security interests in aircraft or aircraft [email protected]. 44106; 49 U.S.C. 44111; 49 U.S.C. 44701 RIN: 2105–AE99 parts, and replacement of an airman to 44717; 49 U.S.C. 44722; 49 U.S.C. certificate. This rulemaking addresses 44901; 49 U.S.C. 44903; 49 U.S.C. provisions of the FAA Modernization 44904; 49 U.S.C. 44906; 49 U.S.C. and Reform Act of 2012. This DEPARTMENT OF TRANSPORTATION 44912; 49 U.S.C. 44914; 49 U.S.C. rulemaking is intended to recover the (DOT) 44936; 49 U.S.C. 44938; 49 U.S.C. 45101 estimated costs of the various services Office of the Secretary (OST) to 45105; 49 U.S.C. 46103 and activities for which fees would be established or revised. Long-Term Actions Abstract: This rulemaking would require a flightcrew member who is Timetable: 292. +Air Transportation Consumer employed by an air carrier conducting Action Date FR Cite Protection Requirements for Ticket operations under part 135, and who Agents (Section 610 Review) accepts an additional assignment for NPRM ...... 10/00/21 E.O. 13771 Designation: Regulatory. flying under part 91 from the air carrier Legal Authority: 49 U.S.C. 41712; or from any other air carrier conducting Regulatory Flexibility Analysis FAA Reauthorization Act of 2018, sec. operations under part 121 or 135, to Required: Yes. 427 apply the period of the additional Agency Contact: Isra Raza, Abstract: This rulemaking would assignment toward any limitation Department of Transportation, Federal address a number of proposals to applicable to the flightcrew member Aviation Administration, 800 enhance protections for air travelers and relating to duty periods or flight times Independence Avenue SW, Washington, to improve the air travel environment. under part 135. DC 20591, Phone: 202 267–8994, Email: Specifically, this rulemaking would [email protected]. enhance airline passenger protections Timetable: RIN: 2120–AK37 by addressing whether to codify in regulation a definition of the term Action Date FR Cite 295. Requirements To File Notice of ‘‘ticket agent.’’ The rulemaking would Construction of Meteorological ANPRM ...... 06/00/21 also consider whether to require large Evaluation Towers and Other travel agents to adopt minimum Renewable Energy Projects (Section 610 customer service standards and prohibit Regulatory Flexibility Analysis Review) the unfair and deceptive practice of Required: Yes. E.O. 13771 Designation: Regulatory. post-purchase price increases. These Agency Contact: Stephen Moates, Legal Authority: 49 U.S.C. 40103 issues, previously part of a rulemaking Department of Transportation, Federal Abstract: This rulemaking would add known as Airline Pricing Transparency Aviation Administration, 800 specific requirements for proponents and Other Consumer Protection Issues, Independence Avenue SW, Washington, who wish to construct meteorological (2105–AE11) have been separated into DC 20591, Phone: 202 267–4147, Email: evaluation towers at a height of 50 feet above ground level (AGL) up to 200 feet this proceeding. [email protected]. Timetable: Next Action AGL to file notice of construction with Undetermined. RIN: 2120–AK26 the FAA. This rule also requires VerDate Sep<11>2014 21:13 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP12.SGM 31MRP12 jbell on DSKJLSW7X2PROD with PROPOSALS12 16940 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda sponsors of wind turbines to provide Action Date FR Cite 298. +Registration and Marking certain specific data when filing notice Requirements for Small Unmanned of construction with the FAA. This End of Second 07/05/11 Aircraft rulemaking is a statutory mandate under Extended Com- ment Period. Regulatory Plan: This entry is Seq. section 2110 of the FAA Extension, No. 71 in part II of this issue of the Safety, and Security Act of 2016 (Pub. Second NPRM .... 07/14/16 81 FR 45871 Second NPRM 09/12/16 Federal Register. L. 114–190). Comment Pe- RIN: 2120–AK82 Timetable: riod End. Final Rule ...... 12/00/20 299. +Operations of Small Unmanned Action Date FR Cite Aircraft Over People E.O. 13771 Designation: Deregulatory. NPRM ...... 10/00/21 Regulatory Flexibility Analysis Required: Yes. Legal Authority: 49 U.S.C. 106(f); 49 Agency Contact: James Schroeder, U.S.C. 40101; 49 U.S.C. 40103(b); 49 Regulatory Flexibility Analysis U.S.C. 44701(a)(5); Pub. L. 112–95, sec Required: No. Department of Transportation, Federal Aviation Administration, Phone: 202 333 Agency Contact: Sheri Edgett–Baron, Abstract: This rulemaking would Air Traffic Service, Department of 267–4974, Email: james.schroeder@ faa.gov. address the performance-based Transportation, Federal Aviation standards and means-of-compliance for Administration, 800 Independence RIN: 2120–AJ38 operation of small unmanned aircraft Avenue SW, Washington, DC 20591, 297. +Pilot Records Database (HR 5900) systems (UAS) over people not directly Phone: 202 267–9354, Email: participating in the operation or not [email protected]. E.O. 13771 Designation: Regulatory. under a covered structure or inside a RIN: 2120–AK77 Legal Authority: 49 U.S.C. 106(f); 49 stationary vehicle that can provide U.S.C. 106(g); 49 U.S.C. 1155; 49 U.S.C. reasonable protection from a falling 40103; 49 U.S.C. 40113; 49 U.S.C. small unmanned aircraft. This rule DEPARTMENT OF TRANSPORTATION 40119; 49 U.S.C. 40120; 49 U.S.C. would provide relief from certain (DOT) 41706; 49 U.S.C. 44101; 49 U.S.C. operational restrictions implemented in 44111; 49 U.S.C. 44701 to 44705; 49 the Operation and Certification of Small Federal Aviation Administration (FAA) U.S.C. 44709 to 44713; 49 U.S.C. 44715 Unmanned Aircraft Systems final rule Final Rule Stage to 44717; 49 U.S.C. 44722; 49 U.S.C. (RIN 2120–AJ60). 45101 to 45105; 49 U.S.C. 46105; 49 Timetable: 296. +Airport Safety Management U.S.C. 46306; 49 U.S.C. 46315; 49 U.S.C. System 46316; 49 U.S.C. 46504; 49 U.S.C. Action Date FR Cite E.O. 13771 Designation: Regulatory. 46507; 49 U.S.C. 47122; 49 U.S.C. 47508; 49 U.S.C. 47528 to 47531. NPRM ...... 02/13/19 84 FR 3856 Legal Authority: 49 U.S.C. 44706; 49 NPRM Comment 04/15/19 U.S.C. 106(g); 49 U.S.C. 40113; 49 Abstract: This rulemaking would Period End. U.S.C. 44701 to 44706; 49 U.S.C. 44709; implement a Pilot Records Database as Final Rule ...... 01/00/21 49 U.S.C. 44719 required by Public Law 111–216 (Aug. I Abstract: This rulemaking would 1, 2010). Section 203 amends the Pilot Regulatory Flexibility Analysis require certain airport certificate holders Records Improvement Act by requiring Required: Yes. to develop, implement, maintain, and the FAA to create a pilot records Agency Contact: Michael Machnik, adhere to a safety management system database that contains various types of Department of Transportation, Federal (SMS) for its aviation related activities. pilot records. These records would be Aviation Administration, Department of An SMS is a formalized approach to provided by the FAA, air carriers, and Transportation, Federal Aviation managing safety by developing an other persons who employ pilots. The Administration, 2300 E Devon, Suite organization-wide safety policy, FAA must maintain these records until 261, Des Plaines, IL 60018, Phone: 630 developing formal methods of it receives notice that a pilot is 488–0090, Email: michael.machnik@ identifying hazards, analyzing and deceased. Air carriers would use this faa.gov. mitigating risk, developing methods for database to perform a record check on RIN: 2120–AK85 a pilot prior to making a hiring decision. ensuring continuous safety 300. +Remote Identification of Timetable: improvement, and creating Unmanned Aircraft Systems organization-wide safety promotion strategies. Action Date FR Cite E.O. 13771 Designation: Regulatory. Timetable: Legal Authority: 118 Stat. 1095; 126 NPRM ...... 03/30/20 85 FR 17660 Stat. 11; 126 Stat. 75; 130 Stat. 615; 4 NPRM Comment 06/29/20 Action Date FR Cite U.S.C. 1830; 49 U.S.C. 106(f); 49 U.S.C. Period End. 106(g); 49 U.S.C. 40101; 49 U.S.C. Final Rule ...... 01/00/21 NPRM ...... 10/07/10 75 FR 62008 40103; 49 U.S.C. 40103(b); 49 U.S.C. NPRM Comment 12/10/10 75 FR 76928 40113; 49 U.S.C. 40114; 49 U.S.C. Period Ex- Regulatory Flexibility Analysis 40120; 49 U.S.C. 41703; 49 U.S.C. 44101 tended. Required: Yes. to 44108; 49 U.S.C. 44110 to 44113; 49 NPRM Comment 01/05/11 Agency Contact: Christopher Morris, U.S.C. 44701; 49 U.S.C. 44701(a)(5); 49 Period End. Department of Transportation, Federal U.S.C. 44703; 49 U.S.C. 44704; 49 U.S.C. End of Extended 03/07/11 Aviation Administration, 6500 S 44709; 49 U.S.C. 44711 to 44713; 49 Comment Pe- MacArthur Blvd., Oklahoma City, OK riod. U.S.C. 44715 to 44717; 49 U.S.C. 44722; Second Extension 03/07/11 76 FR 12300 73169, Phone: 405–954–4646, Email: 49 U.S.C. 44805; 49 U.S.C. 44809(f); 49 of Comment [email protected]. U.S.C. 45302; 49 U.S.C. 45305; 49 U.S.C. Period. RIN: 2120–AK31 46104; 49 U.S.C. 46301; 49 U.S.C. VerDate Sep<11>2014 21:13 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP12.SGM 31MRP12 jbell on DSKJLSW7X2PROD with PROPOSALS12 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16941 46306; 49 U.S.C. 46315; 49 U.S.C. safety requirements for the conduct of Agency Contact: Julia Brady, Program 46316; 49 U.S.C. 46504; 49 U.S.C. these operations. The intended effect of Analyst, Program Policy Branch, 46506; 49 U.S.C. 46507; 49 U.S.C. this rulemaking is to enhance the level Department of Transportation, Federal 47122; 49 U.S.C. 47508; 49 U.S.C. 47528 of safety for persons and property Aviation Administration, 800 to 47531; 49 U.S.C. 47534; 61 Stat. 1180; transported in Alaska guide pilot Independence Avenue SW, Washington, Pub. L. 108–297; Pub. L. 112–95; Pub. operations. In addition, the rulemaking DC 20591, Phone: 202 267–8083, Email: L. 114–190 would add a general provision [email protected]. Abstract: This action would require applicable to pilots operating under the RIN: 2120–AK09 the remote identification of unmanned general operating and flight rules 303. +Helicopter Air Ambulance Pilot aircraft systems. The remote concerning falsification, reproduction, Training and Operational identification of unmanned aircraft and alteration of applications, logbooks, Requirements (HAA II) (FAA systems in the airspace of the United reports, or records. This rulemaking is a Reauthorization) States would address safety, national statutory mandate under section 732 of security, and law enforcement concerns the Wendell H. Ford Aviation E.O. 13771 Designation: Regulatory. regarding the further integration of these Investment and Reform Act for the 21st Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 aircraft into the airspace of the United Century, (Pub. Law 106–181). States while also enabling greater Timetable: Next Action U.S.C. 41706; 49 U.S.C. 44701; 49 U.S.C. operational capabilities. Undetermined. 44702; 49 U.S.C. 44705; 49 U.S.C. Timetable: Regulatory Flexibility Analysis 44709; 49 U.S.C. 44711 to 44713; 49 Required: Yes. U.S.C. 44715 to 44717; 49 U.S.C. 44722; Action Date FR Cite Agency Contact: Jeff Smith, 49 U.S.C. 44730; 49 U.S.C. 45101 to Department of Transportation, Federal 45105 NPRM ...... 12/31/19 84 FR 72438 Aviation Administration, 800 Abstract: This rulemaking would NPRM Comment 03/02/20 Independence Avenue SW, Washington, develop training requirements for crew Period End. resource management, flight risk Final Rule ...... 12/00/20 DC 20785, Phone: 202 365–3617, Email: I I [email protected]. evaluation, and operational control of RIN: 2120–AJ78 the pilot in command, as well as to Regulatory Flexibility Analysis develop standards for the use of flight Required: Yes. 302. +Drug and Alcohol Testing of simulation training devices and line- Agency Contact: Ben Walsh, Certain Maintenance Provider oriented flight training. Additionally, it Department of Transportation, Federal Employees Located Outside of the would establish requirements for the Aviation Administration, 470 L’Enfant United States use of safety equipment for flight Plaza, Office 3200, Washington, DC E.O. 13771 Designation: Fully or crewmembers and flight nurses. These 20024, Phone: 202–267–8233, Email: Partially Exempt. changes will aide in the increase in [email protected]. Legal Authority: 14 CFR; 49 U.S.C. aviation safety and increase RIN: 2120–AL31 106(g); 49 U.S.C. 40113; 49 U.S.C. survivability in the event of an accident. 44701; 49 U.S.C. 44702; 49 U.S.C. Without these changes, the Helicopter 44707; 49 U.S.C. 44709; 49 U.S.C. 44717 Air Ambulance industry may continue DEPARTMENT OF TRANSPORTATION Abstract: This rulemaking would to see the unacceptable high rate of (DOT) require controlled substance testing of aircraft accidents. This rulemaking is a some employees working in repair statutory mandate under section 306(e) Federal Aviation Administration (FAA) stations located outside the United of the FAA Modernization and Reform Long-Term Actions States. The intended effect is to increase Act of 2012 (Pub. L. 112–95). participation by companies outside of Timetable: Next Action 301. +Regulation of Flight Operations the United States in testing of Undetermined. Conducted by Alaska Guide Pilots employees who perform safety critical Regulatory Flexibility Analysis E.O. 13771 Designation: Regulatory. functions and testing standards similar Required: Yes. Legal Authority: 49 U.S.C. 106(g); 49 to those used in the repair stations Agency Contact: Chris Holliday, U.S.C. 1153; 49 U.S.C. 1155; 49 U.S.C. located in the United States. This action Department of Transportation, Federal 40101 to 40103; 49 U.S.C. 40113; 49 is necessary to increase the level of Aviation Administration, 801 U.S.C. 40120; 49 U.S.C. 44101; 49 U.S.C. safety of the flying public. This Pennsylvania Avenue NW, Washington, 44105 to 44016; 49 U.S.C. 44111; 49 rulemaking is a statutory mandate under DC 20024, Phone: 202 267–4552, Email: U.S.C. 44701 to 44717; 49 U.S.C. 44722; section 308(d) of the FAA [email protected]. 49 U.S.C. 44901; 49 U.S.C. 44903 to Modernization and Reform Act of 2012 RIN: 2120–AK57 44904; 49 U.S.C. 44906; 49 U.S.C. (Pub. L. 112–95). 44912; 49 U.S.C. 44914; 49 U.S.C. Timetable: 44936; 49 U.S.C. 44938; 49 U.S.C. DEPARTMENT OF TRANSPORTATION 46103; 49 U.S.C. 46105; 49 U.S.C. Action Date FR Cite (DOT) 46306; 49 U.S.C. 46315 to 46316; 49 U.S.C. 46504; 49 U.S.C. 46506 to 46507; ANPRM ...... 03/17/14 79 FR 14621 Federal Motor Carrier Safety 49 U.S.C. 47122; 49 U.S.C. 47508; 49 Comment Period 05/01/14 79 FR 24631 Administration (FMCSA) Extended. U.S.C. 47528 to 47531; Articles 12 and ANPRM Comment 05/16/14 Final Rule Stage 29 of 61 Statue 1180; Pub. L. 106–181, Period End. sec. 732 304. +Controlled Substances and Comment Period 07/17/14 Alcohol Testing: State Driver’s Abstract: The rulemaking would End. establish regulations concerning Alaska NPRM ...... 11/00/21 Licensing Agency Downgrade of guide pilot operations. The rulemaking Commercial Driver’s License (Section would implement Congressional Regulatory Flexibility Analysis 610 Review) legislation and establish additional Required: Yes. E.O. 13771 Designation: Regulatory. VerDate Sep<11>2014 21:13 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP12.SGM 31MRP12 jbell on DSKJLSW7X2PROD with PROPOSALS12 16942 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Legal Authority: 49 U.S.C. 31136(a); Abstract: This rule would implement DEPARTMENT OF TRANSPORTATION 49 U.S.C. 31305(a) a safety monitoring system and (DOT) Abstract: FMCSA proposes to prohibit compliance initiative designed to Saint Lawrence Seaway Development State Driver’s Licensing Agencies evaluate the continuing safety fitness of Corporation (SLSDC) (SDLAs) from issuing, renewing, all Mexico-domiciled carriers within 18 upgrading, or transferring a commercial months after receiving a provisional Final Rule Stage driver’s license (CDL), or commercial Certificate of Registration or provisional 306. • Seaway Regulations and Rules: learner’s permit (CLP), for individuals authority to operate in the United Periodic Update, Various Categories prohibited under current regulations States. It also would establish (Rulemaking Resulting From a Section from driving a commercial motor suspension and revocation procedures 610 Review) vehicle (CMV) due to controlled for provisional Certificates of substance (drug) and alcohol program E.O. 13771 Designation: Deregulatory. Registration and operating authority, Legal Authority: 33 U.S.C. 981 et seq violations. The CMV driving ban is and incorporate criteria to be used by intended to keep these drivers off the Abstract: The Saint Lawrence Seaway FMCSA in evaluating whether Mexico- road until they comply with return-to- Development Corporation (SLSDC) and domiciled carriers exercise basic safety duty (RTD) requirements. FMCSA also the St. Lawrence Seaway Management management controls. The interim rule seeks comment on alternate proposals Corporation (SLSMC) of Canada, under establishing additional ways that SDLAs included requirements that were not international agreement, jointly publish would use information, obtained proposed in the NPRM but which are and presently administer the St. through the Drug and Alcohol necessary to comply with the FY–2002 Lawrence Seaway Regulations and Clearinghouse (Clearinghouse), to DOT Appropriations Act. On January Rules (Practices and Procedures in increase compliance with the CMV 16, 2003, the Ninth Circuit Court of Canada) in their respective jurisdictions. driving prohibition. Further, the Agency Appeals remanded this rule, along with Under agreement with the SLSMC, the proposes to revise how reports of actual two other NAFTA-related rules, to the SLSDC is amending the joint regulations knowledge violations, based on a agency, requiring a full environmental by updating the Seaway Regulations and citation for Driving Under the Influence impact statement and an analysis Rules in various categories. (DUI) in a CMV, would be maintained required by the Clean Air Act. On June Timetable: in the Clearinghouse. These proposed 7, 2004, the Supreme Court reversed the Action Date FR Cite changes would improve highway safety Ninth Circuit and remanded the case, by increasing compliance with existing holding that FMCSA is not required to Final Action ...... 11/00/20 drug and alcohol program requirements. prepare the environmental documents. Timetable: FMCSA originally planned to publish a Regulatory Flexibility Analysis final rule by November 28, 2003. Required: No. Action Date FR Cite Agency Contact: Carrie Lynn Lavigne, Timetable: Chief Counsel, Department of NPRM ...... 04/28/20 85 FR 23670 Action Date FR Cite Transportation, Saint Lawrence Seaway NPRM Comment 06/29/20 Development Corporation, 180 Andrews Period End. Final Rule ...... 03/00/21 NPRM ...... 05/03/01 66 FR 22415 Street, Massena, NY 13662, Phone: 315 I I NPRM Comment 07/02/01 764–3231, Email: carrie.lavigne@ Regulatory Flexibility Analysis Period End. dot.gov. RIN: 2135–AA49 Required: No. Interim Final Rule 03/19/02 67 FR 12758 Agency Contact: Juan Moya, Interim Final Rule 04/18/02 307. • Tariff of Tolls (Rulemaking Comment Pe- Resulting From a Section 610 Review) Department of Transportation, Federal riod End. Motor Carrier Safety Administration, Interim Final Rule 05/03/02 E.O. 13771 Designation: Deregulatory. 1200 New Jersey Avenue SE, Effective. Legal Authority: 33 U.S.C. 981 et seq Washington, DC 20590, Phone: 202 366– Notice of Intent 08/26/03 68 FR 51322 Abstract: The Saint Lawrence Seaway 4844, Email: [email protected]. To Prepare an Development corporation (SLSDC) and RIN: 2126–AC11 EIS. the St. Lawrence Seaway Management EIS Public 10/08/03 68 FR 58162 Corporation (SLSMC) of Canada, under Scoping Meet- international agreement, jointly publish ings. and presently administer the St. DEPARTMENT OF TRANSPORTATION Next Action Unde- (DOT) Lawrence Seaway Tariff of Tolls in their termined. respective jurisdictions. The Tariff sets Federal Motor Carrier Safety forth the level of tolls assessed on all Administration (FMCSA) Regulatory Flexibility Analysis commodities and vessels transiting the Required: Yes. Long-Term Actions facilities operated by the SLSDC and the Agency Contact: Dolores Macias, SLSMC. 305. +Safety Monitoring System and Acting Division Chief, Department of Timetable: Compliance Initiative for MExico- Transportation, Federal Motor Carrier Action Date FR Cite Domiciled Motor Carriers Operating in Safety Administration, 1200 New Jersey the United States Avenue SE, Washington, DC 20590, Final Action ...... 11/00/20 E.O. 13771 Designation: Regulatory. Phone: 202 366–2995, Email: Legal Authority: Pub. L. 107–87, sec. [email protected]. Regulatory Flexibility Analysis 350; 49 U.S.C. 113; 49 U.S.C. 31136; 49 RIN: 2126–AA35 Required: No. U.S.C. 31144; 49 U.S.C. 31502; 49 U.S.C. Agency Contact: Carrie Lynn Lavigne, 504; 49 U.S.C. 5113; 49 U.S.C. Chief Counsel, Department of 521(b)(5)(A) Transportation, Saint Lawrence Seaway VerDate Sep<11>2014 21:13 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP12.SGM 31MRP12 jbell on DSKJLSW7X2PROD with PROPOSALS12 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16943 Development Corporation, 180 Andrews uncontrolled releases of natural gas and potentially not serviced daily by cargo Street, Massena, NY 13662, Phone: 315 hazardous liquids. aircraft, PHMSA is providing a limited 764–3231, Email: carrie.lavigne@ Timetable: exception for not more than two dot.gov. replacement lithium cells or batteries Action Date FR Cite RIN: 2135–AA50 specifically used for medical devices to be transported by passenger aircraft and NPRM ...... 02/06/20 85 FR 7162 NPRM Comment 04/06/20 at a state of charge greater than 30 Period End. percent, under certain conditions and as DEPARTMENT OF TRANSPORTATION Final Rule ...... 04/00/21 approved by the Associate (DOT) I I Administrator. This rulemaking is Pipeline and Hazardous Materials Regulatory Flexibility Analysis necessary to meet the FAA Safety Administration (PHMSA) Required: Yes. Reauthorization Act of 2018, address a Agency Contact: Robert Jagger, safety hazard, and harmonize the HMR Final Rule Stage Technical Writer, Department of with emergency amendments to the 308. +Pipeline Safety: Amendments to Transportation, Pipeline and Hazardous 2015–2016 edition of the International Parts 192 and 195 To Require Valve Materials Safety Administration, 1200 Civil Aviation Organization’s Technical Installation and Minimum Rupture New Jersey Avenue, Washington, DC Instructions for the Safe Transport of Detection Standards 20590, Phone: 202–366–4595, Email: Dangerous Goods by Air. [email protected]. Timetable: E.O. 13771 Designation: Regulatory. RIN: 2137–AF06 Legal Authority: 49 U.S.C. 60101 et 309. +Hazardous Materials: Enhanced Action Date FR Cite seq Safety Provisions for Lithium Batteries NPRM ...... 03/06/19 84 FR 8006 Abstract: PHMSA is proposing to Transported by Aircraft (FAA Interim Final Rule 03/06/19 84 FR 8006 revise the Pipeline Safety Regulations Reauthorization Act of 2018) Interim Final Rule 03/06/19 applicable to newly constructed or E.O. 13771 Designation: Regulatory. Effective. entirely replaced natural gas Legal Authority: 49 U.S.C. 44701; 49 Interim Final Rule 05/06/19 transmission and hazardous liquid U.S.C. 5103(b); 49 U.S.C. 5120(b) Comment Pe- pipelines to improve rupture mitigation Abstract: This rulemaking amends the riod End. and shorten pipeline segment isolation Hazardous Materials Regulations (HMR) NPRM Comment 05/06/20 times in high consequence and select to (1) prohibit the transport of lithium Period End. Final Rule ...... 07/00/21 non-high consequence areas. The ion cells and batteries as cargo on proposed rule defines certain pipeline passenger aircraft; (2) require all lithium events as ‘‘ruptures’’ and outlines ion cells and batteries to be shipped at Regulatory Flexibility Analysis certain performance standards related to not more than a 30 percent state of Required: Yes. rupture identification and pipeline charge on cargo-only aircraft; and (3) Agency Contact: Shelby Geller, segment isolation. PHMSA also limit the use of alternative provisions Transportation Regulations Specialist, proposes specific valve maintenance for small lithium cell or battery to one Department of Transportation, Pipeline and inspection requirements, and 9–1– package per consignment. The and Hazardous Materials Safety 1 notification requirements to help amendments will not restrict passengers Administration, 1200 New Jersey operators achieve better rupture or crew members from bringing personal Avenue SE, Washington, DC 20590, response and mitigation. The rule items or electronic devices containing Phone: 202 366–8553, Email: addresses congressional mandates, lithium cells or batteries aboard aircraft, [email protected]. incorporate recommendations from the or restrict the air transport of lithium RIN: 2137–AF20 National Transportation Safety Board, ion cells or batteries when packed with [FR Doc. 2021–05416 Filed 3–30–21; 8:45 am] and are necessary to reduce the serious or contained in equipment. To BILLING CODE 4910–13–P; 4910–EX–P; 4910–61–P; consequences of large-volume, accommodate persons in areas 4910–60–P VerDate Sep<11>2014 21:13 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP12.SGM 31MRP12 jbell on DSKJLSW7X2PROD with PROPOSALS12 VerDate Mar 15 2010 04:16 Oct 27, 2011 Jkt 000000 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 C:\DOCS\BLANK.FR DEV003 FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part XIII Department of the Treasury Semiannual Regulatory Agenda VerDate Sep<11>2014 21:19 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP13.SGM 31MRP13 jbell on DSKJLSW7X2PROD with PROPOSALS13 16946 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda DEPARTMENT OF THE TREASURY Priorities are included in the Regulatory reviews pending at the time of Plan, which appears in both the online publication, except for technical, minor, 31 CFR Subtitles A and B Unified Agenda and in part II of the and routine actions. On occasion, a Federal Register publication that regulatory matter may be inadvertently Semiannual Agenda and Regulatory includes the Unified Agenda. left off of the agenda or an emergency Plan The complete Unified Agenda will be may arise that requires the Department AGENCY: Department of the Treasury. available online at www.reginfo.gov and to initiate a regulatory action not yet on www.regulations.gov in a format that ACTION: Semiannual regulatory agenda the agenda. There is no legal offers users an enhanced ability to significance to the omission of an item and annual regulatory plan. obtain information from the Agenda from this agenda. For most entries, database. Because publication in the SUMMARY: This notice is given pursuant Treasury includes a projected date for to the requirements of the Regulatory Federal Register is mandated for the regulatory flexibility agenda required by the next rulemaking action; however, Flexibility Act and Executive Order the date is an estimate and is not a (E.O.) 12866 (‘‘Regulatory Planning and the Regulatory Flexibility Act (5 U.S.C. commitment to publish on the projected Review’’), which require the publication 602), Treasury’s printed agenda entries date. In addition, some agenda entries by the Department of a semiannual include only: are marked as ‘‘withdrawn’’ when there agenda of regulations. E.O. 12866 also (1) Rules that are in the regulatory requires the publication by the flexibility agenda, in accordance with has been no publication activity. Department of a regulatory plan for the the Regulatory Flexibility Act, because Withdrawal of a rule from the agenda upcoming fiscal year. The purpose of they are likely to have a significant does not necessarily mean that a rule the agenda is to provide advance economic impact on a substantial will not be included in a future agenda information about pending regulatory number of small entities; and but may mean that further consideration (2) Rules that have been identified for activities and encourage public is warranted and that the regulatory periodic review under section 610 of the participation in the regulatory process. action is unlikely in the next 12 months. Regulatory Flexibility Act. FOR FURTHER INFORMATION CONTACT: The Printing of these entries is limited to Public participation in the rulemaking Agency contact identified in the item fields that contain information required process is the foundation of effective relating to that regulation. by the Regulatory Flexibility Act’s regulations. For this reason, the SUPPLEMENTARY INFORMATION: The Agenda requirements. Additional Department invites comments on all semiannual regulatory agenda includes information on these entries is available regulatory and deregulatory items regulations that the Department has in the Unified Agenda published on the included in the agenda and invites issued or expects to issue and rules internet. In addition, for fall editions of input on items that should be included currently in effect that are under the Agenda, the entire Regulatory Plan in the semiannual agenda. departmental or bureau review. For this will continue to be printed in the edition of the regulatory agenda, the Federal Register, as in past years. Michael Briskin, most important significant regulatory The Department has listed in this Deputy Assistant General Counsel for General actions and a Statement of Regulatory agenda all regulations and regulatory Law and Regulation. FINANCIAL CRIMES ENFORCEMENT NETWORK—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 310 ...... Bank Secrecy Act Funds Record-Keeping and Transfer Rule Threshold Update ...... 1506–AB41 COMPTROLLER OF THE CURRENCY—COMPLETED ACTIONS Regulation Sequence No. Title Identifier No. 311 ...... Community Reinvestment Act Regulations ...... 1557–AE34 CUSTOMS REVENUE FUNCTION—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 312 ...... Enforcement of Copyrights and the Digital Millennium Copyright Act ...... 1515–AE26 INTERNAL REVENUE SERVICE—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 313 ...... Section 42 Low-Income Housing Credit Average Income Test Regulations ...... 1545–BO92 314 ...... MEPs and the Unified Plan Rule ...... 1545–BO97 VerDate Sep<11>2014 21:19 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP13.SGM 31MRP13 jbell on DSKJLSW7X2PROD with PROPOSALS13 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16947 INTERNAL REVENUE SERVICE—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 315 ...... Guidance on the Elimination of Interbank Offered Rates ...... 1545–BO91 DEPARTMENT OF THE TREASURY Agency Contact: FinCEN Resource Agency Contact: Allison Hester- (TREAS) Center, Department of the Treasury, Haddad, Phone: 202 649–7810, Email: Financial Crimes Enforcement Network, Financial Crimes Enforcement Network [email protected]. P.O. Box 39, Vienna, VA 22183, Phone: (FINCEN) Emily Boyes, Phone: 202 649–8647, 800 767–2825, Email: [email protected]. Email: [email protected]. Proposed Rule Stage RIN: 1506–AB41 RIN: 1557–AE34 310. Bank Secrecy Act Funds Record- Keeping and Transfer Rule Threshold Update DEPARTMENT OF THE TREASURY (TREAS) DEPARTMENT OF THE TREASURY E.O. 13771 Designation: Fully or (TREAS) Partially Exempt. Comptroller of the Currency (OCC) Legal Authority: 12 U.S.C. 1829b; 12 Customs Revenue Function (CUSTOMS) Completed Actions U.S.C. 1951 to 1959; 31 U.S.C. 5311 to 5314; 31 U.S.C. 5316 to 5332 311. Community Reinvestment Act Final Rule Stage Abstract: On October 27, 2020, the Regulations 312. Enforcement of Copyrights and the Board of Governors of the Federal E.O. 13771 Designation: Independent Digital Millennium Copyright Act Reserve System and FinCEN agency. (collectively, the ‘‘Agencies’’) issued a Legal Authority: 12 U.S.C. 21; 12 E.O. 13771 Designation: Not subject proposed rule to modify the threshold U.S.C. 22; 12 U.S.C. 26; 12 U.S.C. 27; 12 to, not significant. in the rule implementing the Bank U.S.C. 30; 12 U.S.C. 36; 12 U.S.C. 93(a); Legal Authority: Not Yet Determined Secrecy Act requiring financial 12 U.S.C. 161; 12 U.S.C. 215; 12 U.S.C. institutions to collect and retain Abstract: This rule amends the U.S. 215(a); 12 U.S.C. 481; 12 U.S.C. 1462(a); Customs and Border Protection (CBP) information on certain funds transfers 12 U.S.C. 1463; 12 U.S.C. 1464; 12 regulations pertaining to importations of and transmittals of funds. The proposed U.S.C. 1814; 12 U.S.C. 1816; 12 U.S.C. merchandise that violate or are modification would reduce this 1828(c); 12 U.S.C. 1835(a); 12 U.S.C. threshold from $3,000 to $250 for funds 2901 to 2908; 12 U.S.C. 3101 to 3111; suspected of violating the copyright transfers and transmittals of funds that 12 U.S.C. 5412(b)(2)(B) laws in accordance with title III of the begin or end outside the United States. Abstract: The OCC issued a final rule Trade Facilitation and Trade FinCEN likewise proposed to reduce to encourage banks to provide billions Enforcement Act of 2015 (TFTEA) and from $3,000 to $250 the threshold in the more each year in Community certain provisions of the Digital rule requiring financial institutions to Reinvestment Act-qualified lending, Millennium Copyright Act (DMCA). transmit to other financial institutions investment, and services by Timetable: in the payment chain information on modernizing the Community funds transfers and transmittals of funds Reinvestment Act (CRA) regulations to Action Date FR Cite that begin or end outside the United better achieve the law’s underlying States. The Agencies also proposed to statutory purpose of encouraging banks NPRM ...... 10/16/19 84 FR 55251 clarify the meaning of ‘‘money’’ as used to serve their communities by making NPRM Comment 12/16/19 in these same rules to ensure that the the regulatory framework more Period End. rules apply to domestic and cross- objective, transparent, consistent, and Final Rule ...... 08/00/21 border transactions involving easy to understand. To accomplish these convertible virtual currency, which is a goals, this rule strengthens the CRA Regulatory Flexibility Analysis medium of exchange (such as regulations by clarifying which Required: Yes. cryptocurrency) that either has an activities qualify for CRA credit, Agency Contact: Charles Steuart, equivalent value as currency, or acts as updating where activities count for CRA Chief, Intellectual Property Rights a substitute for currency, but lacks legal credit, creating a more transparent and Branch, Department of the Treasury, tender status. The Agencies further objective method for measuring CRA Customs Revenue Function, Regulations proposed to clarify that these rules performance, and providing for more apply to domestic and cross-border transparent, consistent, and timely CRA- and Rulings, Office of International transactions involving digital assets that related data collection, recordkeeping, Trade, U.S. Customs and Border have legal tender status. and reporting. Protection, 90 K Street NE, 10th Floor, Timetable: Completed: Washington, DC 20229–1177, Phone: 202 325–0093, Fax: 202 325–0120, Action Date FR Cite Reason Date FR Cite Email: [email protected]. NPRM ...... 10/27/20 85 FR 68005 Final Rule ...... 06/05/20 85 FR 34734 RIN: 1515–AE26 NPRM Comment 11/27/20 Final Rule Effec- 10/01/20 Period End. I I tive. I I Regulatory Flexibility Analysis Regulatory Flexibility Analysis Required: Yes. Required: Yes. VerDate Sep<11>2014 21:19 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP13.SGM 31MRP13 jbell on DSKJLSW7X2PROD with PROPOSALS13 16948 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda DEPARTMENT OF THE TREASURY (MEPs) described in section 413(e) of Legal Authority: 26 U.S.C. 1001b and (TREAS) the Internal Revenue Code (Code). The 7805; 26 U.S.C. 7805 proposed regulations would provide an Internal Revenue Service (IRS) Abstract: The final regulations will exception, if certain requirements are provide guidance on the tax Proposed Rule Stage met, to the application of the ‘‘unified consequences of the phased elimination plan rule’’ for section 413(e) MEPs in 313. Section 42 Low-Income Housing of interbank offered rates (IBORs) that is the event of a failure by one or more Credit Average Income Test underway in the United States and Regulations participating employers to take actions required of them to satisfy the many foreign countries. Taxpayers have E.O. 13771 Designation: Not subject requirements of section 401(a) or 408 of requested guidance that addresses to, not significant. the Code. The regulations affect whether a modification to a debt Legal Authority: 26 U.S.C. 7805; 26 participants in MEPs, MEP sponsors and instrument or other financial contract to U.S.C. 42 administrators, and employers accommodate the elimination of the Abstract: The Consolidated maintaining MEPs. relevant IBOR will be treated as a Appropriations Act of 2018 added a Timetable: realization event for federal income tax new applicable minimum set-aside test purposes. under section 42(g) of the Internal Action Date FR Cite Revenue Code known as the average Timetable: income test. This proposed regulation NPRM ...... 07/03/19 84 FR 31777 will implement requirements related to NPRM Comment 10/01/19 Action Date FR Cite Period End. the average income test. NPRM ...... 10/09/19 84 FR 54068 Timetable: Second NPRM .... 12/00/20 I I NPRM Comment 11/25/19 Period End. Action Date FR Cite Regulatory Flexibility Analysis Required: Yes. Final Action ...... 11/00/20 NPRM ...... 07/00/21 Agency Contact: Jamie Dvoretzky, Attorney, Department of the Treasury, Regulatory Flexibility Analysis Regulatory Flexibility Analysis Internal Revenue Service, 1111 Required: Yes. Required: Yes. Constitution Avenue NW, Washington, Agency Contact: Dillon J. Taylor, Agency Contact: Caitlin Holzem, DC 20224, Phone: 202 317–4102, Fax: Attorney, Department of the Treasury, Attorney, Department of the Treasury, 855 604–6087, Email: Internal Revenue Service, 1111 Internal Revenue Service, 1111 [email protected]. Constitution Avenue NW, Room 3547, Constitution Avenue NW, Room 5107, RIN: 1545–BO97 Washington, DC 20224, Phone: 202 317– Washington, DC 20224, Phone: 202 317– 4137, Fax: 855 591–7867, Email: 7036, Fax: 855 574–9023, Email: [email protected]. [email protected]. DEPARTMENT OF THE TREASURY RIN: 1545–BO92 RIN: 1545–BO91 (TREAS) 314. MEPs and the Unified Plan Rule [FR Doc. 2021–04326 Filed 3–30–21; 8:45 am] Internal Revenue Service (IRS) E.O. 13771 Designation: Regulatory. BILLING CODE 4810–02–P; 4810–33–P; 9111–14–P 4810– Legal Authority: 26 U.S.C. 7805; 26 Final Rule Stage 01–P U.S.C. 413 Abstract: These proposed regulations 315. Guidance on the Elimination of provide guidance relating to the tax Interbank Offered Rates qualification of multiple employer plans E.O. 13771 Designation: Regulatory. VerDate Sep<11>2014 21:19 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP13.SGM 31MRP13 jbell on DSKJLSW7X2PROD with PROPOSALS13 FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part XIV Committee for Purchase From People Who Are Blind or Severely Disabled Semiannual Regulatory Agenda VerDate Sep<11>2014 21:25 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP14.SGM 31MRP14 jbell on DSKJLSW7X2PROD with PROPOSALS14 16950 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda COMMITTEE FOR PURCHASE FROM development or review or that the review. The Regulatory Flexibility Act PEOPLE WHO ARE BLIND OR Committee expects to have under (5 U.S.C. 601–612) has a similar agenda SEVERELY DISABLED development or review during the next requirement (5 U.S.C. 602). Under the 12 months. The purpose for publishing law, the agenda must list any regulation 41 CFR Ch. 51 this agenda is to advise the public of the that is likely to have a significant Committee’s current and future economic impact on a substantial Semiannual Regulatory Agenda regulatory actions. number of small entities. AGENCY: Committee for Purchase From FOR FURTHER INFORMATION CONTACT: For The Office of Management and Budget People Who Are Blind or Severely further information on the agenda in has issued guidelines prescribing the Disabled. general, contact Shelly Hammond, form and content of the regulatory Director, Contracting and Policy, agenda. Under those guidelines, the ACTION: Semiannual regulatory agenda. Committee for Purchase From People agenda must list all regulatory activities being conducted or reviewed in the next SUMMARY: This document sets forth the Who Are Blind or Severely Disabled, 12 months and provide certain specified regulatory agenda of the Committee for 1401 S Clark Street, Suite 715, information on each regulation. All of Purchase From People Who Are Blind Arlington, VA 22202; (703) 603–2127. the items on this agenda are current or or Severely Disabled. This agenda is SUPPLEMENTARY INFORMATION: Under projected rulemakings. issued in accordance with Executive Executive Order 12866 (58 FR 51735, Order 12866 and the Regulatory October 4, 1993), each agency is Dated: September 1, 2020. Flexibility Act. The agenda lists required to prepare an agenda of all Shelly Hammond, regulations that are currently under regulations under development or Director of Contracting & Policy. COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED—PRERULE STAGE Regulation Sequence No. Title Identifier No. 316 ...... AbilityOne Program, Department of Defense Section 898, Contracting Oversight, Accountability and Integ- 3037–AA14 rity Panel (Rulemaking Resulting From a Section 610 Review). COMMITTEE FOR PURCHASE FROM review mandated by the National Timetable: PEOPLE WHO ARE BLIND OR Defense Authorization Act for Fiscal SEVERELY DISABLED (CPBSD) Year 2017 (Pub. L. 114–328). The Action Date FR Cite mission of the Panel is to assess the Prerule Stage overall effectiveness and internal ANPRM ...... 01/00/21 316. AbilityOne Program, Department controls of the AbilityOne Program of Defense Section 898, Contracting related to Department of Defense Regulatory Flexibility Analysis Oversight, Accountability and Integrity contracts and provide recommendations Required: No. Panel (Rulemaking Resulting From a for changes in business practices. The Agency Contact: Shelly Hammond, Section 610 Review) proposed revisions to the Committee’s Director, Policy and Programs, E.O. 13771 Designation: Other. regulation address: Responsibilities and Committee for Purchase From People Legal Authority: 41 U.S.C. 85 procedures associated with Who Are Blind or Severely Disabled, Abstract: The Committee for Purchase authorization/de-authorization; transfer 1401 S Clark Street, Suite 715, From People Who Are Blind or Severely of work within the AbilityOne Program; Arlington, VA 22202, Phone: 703 603– Disabled (Committee) is seeking undesignation and unauthorization of 2127, Email: [email protected]. comment in order to amend its nonperforming nonprofit agencies; and RIN: 3037–AA14 incorporation of an Alternate Dispute regulation to incorporate specific [FR Doc. 2021–04338 Filed 3–30–21; 8:45 am] Resolution process in matters regarding recommendations from the Department BILLING CODE 6350–01–P of Defense (DoD) section 898 panel l contract disputes. VerDate Sep<11>2014 21:25 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP14.SGM 31MRP14 jbell on DSKJLSW7X2PROD with PROPOSALS14 FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part XV Environmental Protection Agency Semiannual Regulatory Agenda VerDate Sep<11>2014 21:48 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP15.SGM 31MRP15 jbell on DSKJLSW7X2PROD with PROPOSALS15 16952 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda ENVIRONMENTAL PROTECTION I. Introduction on a substantial number of small AGENCY EPA is committed to a regulatory entities. EPA maintains a list of these strategy that effectively achieves the actions at https://www.epa.gov/reg-flex/ 40 CFR Ch. I Agency’s mission of protecting the section-610-reviews. EPA has three 610 environment and the health, welfare, reviews ongoing in fall 2020. [FRL 10014–66–OP; EPA–HQ–OAR–2019– and safety of Americans while also B. What key statutes and Executive 0168; EPA–HQ–OAR–2020–0099; EPA–HQ– supporting economic growth, job OAR–2020–0106] Orders guide EPA’s rule and creation, competitiveness, and policymaking process? innovation. EPA publishes the Fall 2020 Unified Agenda of Regulatory A number of environmental laws Semiannual Agenda of Regulatory and and Deregulatory Actions authorize EPA’s actions, including but Deregulatory Actions to update the not limited to: AGENCY: Environmental Protection public about regulatory activity • Clean Air Act (CAA), Agency. undertaken in support of this mission. • Clean Water Act (CWA), ACTION: Semiannual regulatory agenda. In the Semiannual Agenda, EPA • Comprehensive Environmental provides notice of our plans to review, Response, Compensation, and Liability SUMMARY: The Environmental Protection propose, and issue regulations. Act (CERCLA, or Superfund), Agency (EPA) publishes the Semiannual Additionally, EPA’s Semiannual • Emergency Planning and Agenda of Regulatory and Deregulatory Agenda includes information about Community Right-to-Know Act Actions online at https:// rules that may have a significant (EPCRA), www.reginfo.gov and at https:// economic impact on a substantial • Federal Insecticide, Fungicide, and www.regulations.gov to update the number of small entities, and review of Rodenticide Act (FIFRA), public. This document contains those regulations under the Regulatory • Resource Conservation and information about: Flexibility Act, as amended. Recovery Act (RCRA), • Regulations in the Semiannual In this document, EPA explains in • Safe Drinking Water Act (SDWA), Agenda that are under development, greater detail the types of actions and and completed, or canceled since the last information available in the Semiannual • Toxic Substances Control Act agenda; and Agenda and actions that are currently (TSCA). • Reviews of regulations with small undergoing review specifically for Not only must EPA comply with business impacts under Section 610 of impacts on small entities. environmental laws, but also administrative legal requirements that the Regulatory Flexibility Act. A. EPA’s Regulatory Information FOR FURTHER INFORMATION CONTACT: If apply to the issuance of regulations, ‘‘E-Agenda,’’ ’’online regulatory you have questions or comments about such as: The Administrative Procedure agenda,’’ and ’’semiannual regulatory a particular action, please get in touch Act (APA), the Regulatory Flexibility agenda’’ all refer to the same with the agency contact listed in each Act (RFA) as amended by the Small comprehensive collection of agenda entry. If you have general Business Regulatory Enforcement information that, until 2007, was questions about the Semiannual Fairness Act (SBREFA), the Unfunded published in the Federal Register. Agenda, please contact: Caryn Mandates Reform Act (UMRA), the Currently, this information is only Muellerleile (muellerleile.caryn@ Paperwork Reduction Act (PRA), the available through an online database, at epa.gov; 202–564–2855). National Technology Transfer and both www.reginfo.gov/ and Advancement Act (NTTAA), and the Table of Contents www.regulations.gov. Congressional Review Act (CRA). ‘‘Regulatory Flexibility Agenda’’ I. Introduction EPA also meets a number of A. EPA’s Regulatory Information refers to a document that contains requirements contained in numerous B. What key statutes and Executive Orders information about regulations that may Executive Orders: 13771, ‘‘Reducing guide EPA’s rule and policymaking have a significant impact on a Regulation and Controlling Regulatory process? substantial number of small entities. We Costs’’ (82 FR 9339, Feb. 3, 2017); C. How can you be involved in EPA’s rule continue to publish this document in 12866, ‘‘Regulatory Planning and and policymaking process? the Federal Register pursuant to the Review’’ (58 FR 51735, Oct. 4, 1993), as II. Semiannual Agenda of Regulatory and Regulatory Flexibility Act of 1980. This supplemented by Executive Order Deregulatory Actions document is available at https:// 13563, ‘‘Improving Regulation and A. What actions are included in the e- www.govinfo.gov/app/collection/fr. Agenda and the Regulatory Flexibility Regulatory Review’’ (76 FR 3821, Jan. Agenda? ‘‘Unified Regulatory Agenda’’ refers to 21, 2011); 12898, ‘‘Environmental B. How is the e-Agenda organized? the collection of all agencies’ agendas Justice’’ (59 FR 7629, Feb. 16, 1994); C. What information is in the Regulatory with an introduction prepared by the 13045, ‘‘Children’s Health Protection’’ Flexibility Agenda and the e-Agenda? Regulatory Information Service Center (62 FR 19885, Apr. 23, 1997); 13132, D. What tools are available for mining facilitated by the General Service ‘‘Federalism’’ (64 FR 43255, Aug. 10, Regulatory Agenda data and for finding Administration. 1999); 13175, ‘‘Consultation and more about EPA rules and policies? ‘‘Regulatory Agenda Preamble’’ refers Coordination with Indian Tribal III. Review of Regulations Under 610 of the to the document you are reading now. Governments’’ (65 FR 67249, Nov. 9, Regulatory Flexibility Act It appears as part of the Regulatory A. Reviews of Rules With Significant 2000); 13211, ‘‘Actions Concerning Impacts on a Substantial Number of Flexibility Agenda and introduces both Regulations That Significantly Affect Small Entities EPA’s Regulatory Flexibility Agenda Energy Supply, Distribution, or Use’’ (66 B. What other special attention does EPA and the e-Agenda. FR 28355, May 22, 2001). give to the impacts of rules on small ‘‘610 Review’’ as required by the businesses, small governments, and Regulatory Flexibility Act means a C. How can you be involved in EPA’s small nonprofit organizations? periodic review within ten years of rule and policymaking process? IV. Thank You for Collaborating With Us promulgating a final rule that has or You can make your voice heard by SUPPLEMENTARY INFORMATION: may have a significant economic impact getting in touch with the contact person VerDate Sep<11>2014 21:48 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP15.SGM 31MRP15 jbell on DSKJLSW7X2PROD with PROPOSALS15 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16953 provided in each agenda entry. EPA section 307(a) list of toxic pollutants; been promulgated and published in the encourages you to participate as early in suspensions of toxic testing Federal Register since publication of the process as possible. You may also requirements under the National the spring 2020 Agenda. The term participate by commenting on proposed Pollutant Discharge Elimination System completed actions also includes actions rules published in the Federal Register (NPDES); delegations of NPDES that EPA is no longer considering and (FR). authority to States; has elected to ‘‘withdraw’’ and the Instructions on how to submit your • Under SDWA: Actions on State results of any RFA section 610 reviews. comments through https:// underground injection control www.regulations.gov are provided in programs. C. What information is in the Regulatory each Notice of Proposed Rulemaking Meanwhile, the Regulatory Flexibility Flexibility Agenda and the e-Agenda? (NPRM). To be most effective, Agenda includes: The Regulatory Flexibility Agenda comments should contain information • Actions likely to have a significant entries include only the nine categories and data that support your position and economic impact on a substantial of information that are required by the you also should explain why EPA number of small entities; Regulatory Flexibility Act of 1980 and should incorporate your suggestion in • Rules the Agency has identified for by Federal Register Agenda printing the rule or other type of action. You can periodic review under section 610 of the requirements: Sequence Number, RIN, be particularly helpful and persuasive if RFA. Title, Description, Statutory Authority, you provide examples to illustrate your EPA has three ongoing 610 reviews in Section 610 Review, if applicable, concerns and offer specific alternative(s) this Agenda. Regulatory Flexibility Analysis to that proposed by EPA. B. How is the e-Agenda organized? Required, Schedule and Contact Person. EPA believes its actions will be more Note that the electronic version of the cost effective and protective if the Online, you can choose how to sort Agenda (E-Agenda) replicates each of development process includes the agenda entries by specifying the these actions with more extensive stakeholders working with us to help characteristics of the entries of interest information, described below. identify the most practical and effective in the desired individual data fields for E-Agenda entries include: solutions to environmental problems. both the www.reginfo.gov and Title: A brief description of the EPA encourages you to become involved www.regulations.gov versions of the e- subject of the regulation. The notation in its rule and policymaking process. Agenda. You can sort based on the ‘‘Section 610 Review’’ follows the title For more information about EPA’s following characteristics: EPA if we are reviewing the rule as part of efforts to increase transparency, subagency (such as Office of Water); our periodic review of existing rules participation and collaboration in EPA stage of rulemaking as described in the under section 610 of the RFA (5 U.S.C. activities, please visit https:// following paragraphs; alphabetically by 610). www.epa.gov/open. title; or the Regulation Identifier Priority: Each entry is placed into one Number (RIN), which is assigned II. Semiannual Agenda of Regulatory of the five following categories: sequentially when an action is added to a. Economically Significant: Under and Deregulatory Actions the agenda. Executive Order 12866, a rulemaking A. What actions are included in the e- Each entry in the Agenda is associated that may have an annual effect on the Agenda and the Regulatory Flexibility with one of five rulemaking stages. The economy of $100 million or more, or Agenda? rulemaking stages are: adversely affect in a material way the EPA includes regulations in the e- 1. Prerule Stage—EPA’s prerule economy, a sector of the economy, Agenda. However, there is no legal actions generally are intended to productivity, competition, jobs, the significance to the omission of an item determine whether the agency should environment, public health or safety, or from the agenda, and EPA generally initiate rulemaking. Prerulemakings State, local, or tribal governments or does not include the following may include anything that influences or communities. categories of actions: leads to rulemaking; this would include b. Other Significant: A rulemaking • Administrative actions such as Advance Notices of Proposed that is not economically significant but delegations of authority, changes of Rulemaking (ANPRMs), studies or is considered significant for other address, or phone numbers; analyses of the possible need for reasons. This category includes rules • Under the CAA: Revisions to state regulatory action. that may: implementation plans; equivalent 2. Proposed Rule Stage—Proposed 1. Create a serious inconsistency or methods for ambient air quality rulemaking actions include EPA’s otherwise interfere with an action taken monitoring; deletions from the new Notice of Proposed Rulemakings or planned by another agency; source performance standards source (NPRMs); these proposals are scheduled 2. Materially alter the budgetary categories list; delegations of authority to publish in the Federal Register impact of entitlements, grants, user fees, to states; area designations for air within the next year. or loan programs, or the rights and quality planning purposes; 3. Final Rule Stage—Final rulemaking obligations of recipients; or • Under FIFRA: Registration-related actions are those actions that EPA is 3. Raise novel legal or policy issues decisions, actions affecting the status of scheduled to finalize and publish in the arising out of legal mandates, the currently registered pesticides, and data Federal Register within the next year. President’s priorities, or the principles call-ins; 4. Long-Term Actions—This section in Executive Order 12866. • Under the Federal Food, Drug, and includes rulemakings for which the next c. Substantive, Nonsignificant: A Cosmetic Act: Actions regarding scheduled regulatory action (such as rulemaking that has substantive impacts pesticide tolerances and food additive publication of a NPRM or final rule) is but is not Significant, Routine and regulations; twelve or more months into the future. Frequent, or Informational/ • Under RCRA: Authorization of State We urge you to explore becoming Administrative/Other. solid waste management plans; involved even if an action is listed in d. Routine and Frequent: A hazardous waste delisting petitions; the Long-Term category. rulemaking that is a specific case of a • Under the CWA: State Water 5. Completed Actions—EPA’s recurring application of a regulatory Quality Standards; deletions from the completed actions are those that have program in the Code of Federal VerDate Sep<11>2014 21:48 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP15.SGM 31MRP15 jbell on DSKJLSW7X2PROD with PROPOSALS15 16954 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Regulations. If an action that would resulted or is likely to result in an National Government and the States, or normally be classified Routine and annual effect on the economy of $100 on the distribution of power and Frequent is reviewed by the Office of million or more or meets other criteria responsibilities among the various Management and Budget (OMB) under specified in the Congressional Review levels of government. Executive Order 12866, then we would Act. Energy Impacts: Indicates whether the classify the action as either Unfunded Mandates: Whether the action is a significant energy action ‘‘Economically Significant’’ or ‘‘Other rule is covered by section 202 of the under Executive Order 13211. Significant.’’ Unfunded Mandates Reform Act of 1995 Sectors Affected: Indicates the main e. Informational/Administrative/ (Pub. L. 104–4). The Act requires that, economic sectors regulated by the Other: An action that is primarily before issuing an NPRM likely to result action. The regulated parties are informational or pertains to an action in a mandate that may result in identified by their North American outside the scope of Executive Order expenditures by State, local, and tribal Industry Classification System (NAICS) 12866. governments, in the aggregate, or by the codes. These codes were created by the Executive Order 13771 Designation: private sector of more than $100 million Census Bureau for collecting, analyzing, Each entry is placed into one of the in 1 year, the agency prepare a written and publishing statistical data on the following categories: statement on federal mandates U.S. economy. There are more than a. Deregulatory: When finalized, an addressing costs, benefits, and 1,000 NAICS codes for sectors in action is expected to have total costs intergovernmental consultation. agriculture, mining, manufacturing, less than zero; Legal Authority: The sections of the services, and public administration. b. Regulatory: The action is either United States Code (U.S.C.), Public Law International Trade Impacts: Indicates (i) a significant regulatory action as (Pub. L.), Executive Order (E.O.), or whether the action is likely to have defined in section 3(f) of Executive common name of the law that international trade or investment effects, Order 12866, or authorizes the regulatory action. or otherwise be of international interest. (ii) a significant guidance document CFR Citation: The sections of the Agency Contact: The name, address, (e.g., significant interpretive guidance) Code of Federal Regulations that would phone number, and email address, if reviewed by OMB’s Office of be affected by the action. available, of a person who is Information and Regulatory Affairs Legal Deadline: An indication of knowledgeable about the regulation. (OIRA) under the procedures of whether the rule is subject to a statutory Additional Information: Other Executive Order 12866 that, when or judicial deadline, the date of that information about the action including finalized, is expected to impose total deadline, and whether the deadline docket information. costs greater than zero; pertains to a Notice of Proposed URLs: For some actions, the internet c. Fully or Partially Exempt: The Rulemaking, a Final Action, or some addresses are included for reading action has been granted, or is expected other action. copies of rulemaking documents, to be granted, a full or partial waiver Abstract: A brief description of the submitting comments on proposals, and under one or more of the following problem the action will address. getting more information about the Timetable: The dates and citations (if circumstances: rulemaking and the program of which it available) for all past steps and a (i) It is expressly exempt by Executive is a part. projected date for at least the next step Order 13771 (issued with respect to a RIN: The Regulation Identifier for the regulatory action. A date ‘‘military, national security, or foreign Number is used by OMB to identify and displayed in the form 05/00/21 means affairs function of the United States’’; or track rulemakings. The first four digits the agency is predicting the month and related to ‘‘agency organization, of the RIN correspond with the EPA year the action will take place but not management, or personnel’’), or office with lead responsibility for (ii) it addresses an emergency such as the day it will occur. For some entries, developing the action. critical health, safety, financial, or non- the timetable indicates that the date of exempt national security matters (offset the next action is ‘‘to be determined.’’ D. What tools are available for mining requirements may be exempted or Regulatory Flexibility Analysis Regulatory Agenda data and for finding delayed), or Required: Indicates whether EPA has more about EPA rules and policies? (iii) it is required to meet a statutory prepared or anticipates preparing a 1. Federal Regulatory Dashboard or judicial deadline (offset requirements regulatory flexibility analysis under may be exempted or delayed), or section 603 or 604 of the RFA. The https://www.reginfo.gov/ (iv) expected to generate de minimis Generally, such an analysis is required searchable database maintained by the costs; for proposed or final rules subject to the Regulatory Information Service Center d. Not subject to, not significant: is a RFA that EPA believes may have a and OIRA, allows users to view the NPRM or final rule AND is neither an significant economic impact on a Regulatory Agenda database (https:// Executive Order 13771 regulatory action substantial number of small entities. www.reginfo.gov/public/do/ nor an Executive Order 13771 Small Entities Affected: Indicates eAgendaMain), which includes search, deregulatory action; whether the rule is anticipated to have display, and data transmission options. e. Other: At the time of designation, any effect on small businesses, small 2. Subject Matter EPA Websites either the available information is too governments or small nonprofit preliminary to determine Executive organizations. Some actions listed in the Agenda Order 13771 status or other reasonable Government Levels Affected: Indicates include a URL for an EPA-maintained circumstances preclude a preliminary whether the rule may have any effect on website that provides additional Executive Order 13771 designation. levels of government and, if so, whether information about the action. f. Independent agency: Is an action an the affected governments are State, 3. Deregulatory Actions and Regulatory independent agency anticipates issuing local, tribal, or Federal. Reform and thus is not subject to Executive Federalism Implications: Indicates Order 13771. whether the action is expected to have EPA maintains a list of its Major: A rule is ‘‘major’’ under 5 substantial direct effects on the States, deregulatory actions under U.S.C. 801 (Pub. L. 104–121) if it has on the relationship between the development, as well as those that are VerDate Sep<11>2014 21:48 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP15.SGM 31MRP15 jbell on DSKJLSW7X2PROD with PROPOSALS15 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16955 completed, at https://www.epa.gov/ Federal Register, the Agency typically Docket information should be in that laws-regulations/epa-deregulatory- establishes a docket to accumulate action’s agenda entry. All of EPA’s actions. A completed list of regulatory materials developed throughout the public dockets can be located at https:// actions, as defined under Executive development process for that www.regulations.gov. Order 13771, is available at https:// rulemaking. The docket serves as the III. Review of Regulations Under 610 of www.epa.gov/laws-regulations/epa- repository for the collection of the Regulatory Flexibility Act regulatory-actions. Additional documents or information related to that information about EPA’s regulatory particular Agency action or activity. A. Reviews of Rules With Significant reform activity is available to the public EPA most commonly uses dockets for Impacts on a Substantial Number of at https://www.epa.gov/laws- rulemaking actions, but dockets may Small Entities regulations/regulatory-reform. also be used for section 610 reviews and Section 610 of the RFA requires that 4. Public Dockets for various non-rulemaking activities, an agency review, within 10 years of such as Federal Register documents promulgation, each rule that has or will When EPA publishes either an seeking public comments on draft have a significant economic impact on Advance Notice of Proposed guidance, policy statements, a substantial number of small entities. Rulemaking (ANPRM) or a Notice of information collection requests under At this time, EPA has three 610 reviews Proposed Rulemaking (NPRM) in the the PRA, and other non-rule activities. ongoing. Review title RIN Docket ID # Status Section 610 Review of Renewable Fuels Standard Program ...... 2060–AU44 EPA–HQ–OAR–2019–0168 Ongoing. Section 610 Review of National Emission Standards for Hazardous Air Pollutants 2060–AU76 EPA–HQ–OAR–2020–0099 Ongoing. for Area Sources: Industrial, Commercial, and Institutional Boilers. Section 610 Review of National Emission Standards for Hazardous Air Pollutants 2060–AU77 EPA–HQ–OAR–2020–0106 Ongoing. for Major Sources: Industrial, Commercial and Institutional Boilers and Process Heaters. EPA has established public dockets the scale of the businesses, visit EPA’s RFA/SBREFA website at for these 610 reviews. While comments organizations, and governmental https://www.epa.gov/reg-flex. for these reviews are no longer being jurisdictions subject to the regulation. IV. Thank You for Collaborating With accepted, submitted comments can be Under the RFA as amended by Us viewed at https://www.regulations.gov/, SBREFA, the Agency must prepare a Finally, we would like to thank those please see dockets EPA–HQ–OAR– formal analysis of the potential negative 2019–0168, EPA–HQ–OAR–2020–0099, of you who choose to join with us in impacts on small entities, convene a and EPA–HQ–OAR–2020–0106. making progress on the complex issues Small Business Advocacy Review Panel involved in protecting human health B. What other special attention does (proposed rule stage), and prepare a and the environment. Collaborative EPA give to the impacts of rules on Small Entity Compliance Guide (final efforts such as EPA’s open rulemaking small businesses, small governments, rule stage) unless the Agency certifies a process are a valuable tool for and small nonprofit organizations? rule will not have a significant addressing the problems we face, and economic impact on a substantial the regulatory agenda is an important For each of EPA’s rulemakings, number of small entities. For more part of that process. consideration is given to whether there detailed information about the Agency’s will be any adverse impact on any small Dated: November 12, 2020. policy and practice with respect to entity. EPA attempts to fit the regulatory Brittany Bolen, implementing the RFA/SBREFA, please requirements, to the extent feasible, to Associate Administrator, Office of Policy. 10—PRERULE STAGE Regulation Sequence No. Title Identifier No. 317 ...... Section 610 Review of National Emission Standards for Hazardous Air Pollutants for Area Sources: In- 2060–AU76 dustrial, Commercial, and Institutional Boilers (Section 610 Review). 318 ...... Section 610 Review of National Emission Standards for Hazardous Air Pollutants for Major Sources: In- 2060–AU77 dustrial, Commercial and Institutional Boilers and Process Heaters (Section 610 Review). 10—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 319 ...... National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide Commercial Sterilization and 2060–AU37 Fumigation Operations (Reg Plan Seq No. 78). References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. VerDate Sep<11>2014 21:48 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP15.SGM 31MRP15 jbell on DSKJLSW7X2PROD with PROPOSALS15 16956 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 10—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 320 ...... Section 610 Review of Renewable Fuels Standard Program (Section 610 Review) ...... 2060–AU44 35—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 321 ...... 1-Bromopropane; Rulemaking Under TSCA Section 6(a) (Reg Plan Seq No. 89) ...... 2070–AK73 References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 35—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 322 ...... Trichloroethylene (TCE); Rulemaking Under TSCA Section 6(a); Vapor Degreasing ...... 2070–AK11 323 ...... N-Methylpyrrolidone; Regulation of Certain Uses Under TSCA Section 6(a) ...... 2070–AK46 72—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 324 ...... National Primary Drinking Water Regulations for Lead and Copper: Regulatory Revisions ...... 2040–AF15 ENVIRONMENTAL PROTECTION 610 of the Regulatory Flexibility Act, Agency Contact: Mary Johnson, AGENCY (EPA) ‘‘Periodic Review of Rules’’ (5 U.S.C. Environmental Protection Agency, 610) to determine if the provisions that Office of Air and Radiation, 109 T.W. 10 could affect small entities should be Alexander Drive, Mail Code D243–01, Prerule Stage continued without change or should be Research Triangle Park, NC 27711, 317. Section 610 Review of National rescinded or amended to minimize Phone: 919 541–5025, Email: Emission Standards for Hazardous Air adverse economic impacts on small [email protected]. Nick Hutson, Environmental Pollutants for Area Sources: Industrial, entities. As part of this review, EPA is Protection Agency, Office of Air and Commercial, and Institutional Boilers considering comments on the following Radiation, 109 T.W. Alexander Drive, (Section 610 Review) factors as specified in section 610: (1) The continued need for the rule; (2) the Mail Code D243–01, Research Triangle E.O. 13771 Designation: Not subject nature of complaints or comments Park, NC 27711, Phone: 919 541–2968, to, not significant. received concerning the rule; (3) the Fax: 919 541–4991, Email: hutson.nick@ Legal Authority: 42 U.S.C. 7412 Clean complexity of the rule; (4) the extent to epa.gov. Air Act RIN: 2060–AU76 Abstract: On March 21, 2011, EPA which the rule overlaps, duplicates or promulgated National Emission conflicts with other federal, state or 318. Section 610 Review of National Standards for Hazardous Air Pollutants local government rules; and (5) the Emission Standards for Hazardous Air for Area Sources: Industrial, degree to which the technology, Pollutants for Major Sources: Commercial, and Institutional Boilers economic conditions or other factors Industrial, Commercial and (76 FR 15554). The rule (40 CFR part 63, have changed in the area affected by the Institutional Boilers and Process subpart JJJJJJ) includes standards to rule. The results of EPA’s review will be Heaters (Section 610 Review) summarized in a report and placed in control hazardous air pollutant E.O. 13771 Designation: Other. the rulemaking docket at the conclusion emissions from new and existing Legal Authority: 42 U.S.C. 7412 Clean of this review. This review’s Docket ID industrial, commercial and institutional Air Act boilers fired with coal, oil, biomass or number is EPA–HQ–OAR–2020–0099; Abstract: On March 21, 2011, the EPA other solid and liquid non-waste the docket can be accessed at promulgated National Emission materials located at area source www.regulations.gov. Standards for Hazardous Air Pollutants facilities. Rule amendments that did not Timetable: for Major Sources: Industrial, impose any additional regulatory Commercial, and Institutional Boilers requirements beyond those imposed by Action Date FR Cite and Process Heaters (76 FR 15608). The the March 2011 final rule and, in certain rule (40 CFR part 63, subpart DDDDD) instances, would result in a decrease in Final Rule ...... 03/21/11 76 FR 15553 includes standards to control hazardous burden, were promulgated on February Begin Review ...... 06/30/20 air pollutant emissions from new and 1, 2013 (78 FR 7488) and September 14, End Review ...... I 03/00/21 I existing industrial, commercial, and 2016 (81 FR 63112). This entry in the institutional boilers and process heaters regulatory agenda describes EPA’s Regulatory Flexibility Analysis fired with coal, oil, biomass, natural gas review of this action pursuant to section Required: No. or other solid, liquid or gaseous non- VerDate Sep<11>2014 21:48 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP15.SGM 31MRP15 jbell on DSKJLSW7X2PROD with PROPOSALS15 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16957 waste materials located at major source ENVIRONMENTAL PROTECTION Action Date FR Cite facilities. Rule amendments that did AGENCY (EPA) End Review ...... To Be Determined impose additional regulatory 10 requirements beyond those imposed by the March 2011 final rule were Proposed Rule Stage Regulatory Flexibility Analysis estimated to result in an increase in Required: Yes. 319. National Emission Standards for Agency Contact: Jessica Mroz, burden were promulgated on January Hazardous Air Pollutants: Ethylene Environmental Protection Agency, 31, 2013 (78 FR 7138). This entry in the Oxide Commercial Sterilization and Office of Air and Radiation, 1200 regulatory agenda describes EPA’s Fumigation Operations Pennsylvania Avenue NW, Washington, review of this action pursuant to Section Regulatory Plan: This entry is Seq. DC 20460, Phone: 202 564–1094, Email: 610 of the Regulatory Flexibility Act, No. 78 in part II of this issue of the [email protected]. ‘‘Periodic Review of Rules’’ (5 U.S.C. Federal Register. Julia Burch, Environmental Protection 610) to determine if the provisions that RIN: 2060–AU37 Agency, Office of Air and Radiation, could affect small entities should be 1200 Pennsylvania Avenue NW, continued without change or should be Washington, DC 20460, Phone: 202 564– rescinded or amended to minimize 0961, Email: [email protected]. adverse economic impacts on small ENVIRONMENTAL PROTECTION RIN: 2060–AU44 entities. As part of this review, EPA is AGENCY (EPA) considering comments on the following 10 factors as specified in Section 610: (1) Long-Term Actions ENVIRONMENTAL PROTECTION The continued need for the rule; (2) the AGENCY (EPA) nature of complaints or comments 320. Section 610 Review of Renewable received concerning the rule; (3) the Fuels Standard Program (Section 610 35 complexity of the rule; (4) the extent to Review) Proposed Rule Stage which the rule overlaps, duplicates or E.O. 13771 Designation: Not subject 321. • 1-Bromopropane; Rulemaking conflicts with other federal, state or to, not significant. Under TSCA Section 6(A) local government rules; and (5) the Legal Authority: 5 U.S.C. 610 degree to which the technology, Abstract: The rulemaking ‘‘Regulation Regulatory Plan: This entry is Seq. economic conditions or other factors of Fuels and Fuel Additives: Changes to No. 89 in part II of this issue of the have changed in the area affected by the Renewable Fuel Standard Program’’ was Federal Register. rule. The results of EPA’s review will be finalized by EPA in March 2010 (75 FR RIN: 2070–AK73 summarized in a report and placed in 14669, March 26, 2010). The final the rulemaking docket at the conclusion regulations made a number of changes of this review. This review’s Docket ID to the existing Renewable Fuel Standard ENVIRONMENTAL PROTECTION number is EPA–HQ–OAR–2020–0106; program while retaining many elements AGENCY (EPA) the docket can be accessed at of the compliance and trading system 35 www.regulations.gov. already in place. The final rule also implemented the revised statutory Long-Term Actions Timetable: definitions and criteria, most notably the greenhouse gas emission thresholds 322. Trichloroethylene (TCE); Action Date FR Cite for renewable fuels and new limits on Rulemaking Under TSCA Section 6(A); renewable biomass feedstocks. This Vapor Degreasing Final Rule ...... 03/21/11 76 FR 15607 entry in the regulatory agenda describes Begin Review ...... 06/30/20 E.O. 13771 Designation: Regulatory. End Review ...... 03/00/21 EPA’s review of this action pursuant to Legal Authority: 15 U.S.C. 2605 Toxic I I section 610 of the Regulatory Flexibility Substances Control Act Act (5 U.S.C. 610). As part of this Abstract: Section 6(a) of the Toxic Regulatory Flexibility Analysis review, EPA is considering comments Substances Control Act (TSCA) provides Required: No. on the following factors: (1) The authority for EPA to ban or restrict the Agency Contact: Jim Eddinger, continued need for the rule; (2) the manufacture (including import), Environmental Protection Agency, nature of complaints or comments processing, distribution in commerce, Office of Air and Radiation, 109 T.W. received concerning the rule; (3) the and use of chemical substances, as well Alexander Drive, Mail Code D243–01, complexity of the rule; (4) the extent to as any manner or method of disposal. Research Triangle Park, NC 27711, which the rule overlaps, duplicates, or Section 26(l)(4) of TSCA authorizes EPA Phone: 919 541–5426, Email: conflicts with other Federal, State, or to issue rules under TSCA section 6 for [email protected]. local government rules; and (5) the chemicals listed in the 2014 update to degree to which the technology, the TSCA Work Plan for Chemical Nick Hutson, Environmental economic conditions or other factors Assessments for which EPA published Protection Agency, Office of Air and have changed in the area affected by the completed risk assessments prior to Radiation, 109 T.W. Alexander Drive, rule. June 22, 2016, consistent with the scope Mail Code D243–01, Research Triangle Timetable: of the completed risk assessment. In the Park, NC 27711, Phone: 919 541–2968, June 2014 TSCA Work Plan Chemical Fax: 919 541–4991, Email: hutson.nick@ Action Date FR Cite Risk Assessment for trichloroethylene epa.gov. (TCE), EPA characterized risks from the Final Rule ...... 03/26/10 75 FR 14669 RIN: 2060–AU77 Begin Review ...... 06/24/19 84 FR 29689 use of TCE in commercial degreasing Comment Period 08/27/19 84 FR 44804 and in some consumer uses. EPA has Extended. preliminarily determined that these I I risks are unreasonable risks. On January VerDate Sep<11>2014 21:48 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP15.SGM 31MRP15 jbell on DSKJLSW7X2PROD with PROPOSALS15 16958 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 19, 2017, EPA proposed to prohibit the other applicable requirements of section Abstract: EPA finalized revisions to manufacture, processing, distribution in 6. N-methylpyrrolidone (NMP) is used the Lead and Copper Rule (LCR) to commerce, or commercial use of TCE in in paint and coating removal in include a suite of actions to reduce lead vapor degreasing. A separate action (RIN commercial processes and consumer exposure in drinking water where it is 2070–AK03), published on December products. In the March 2015 TSCA needed the most. The final rule 16, 2016, proposed to address the Work Plan Chemical Risk Assessment identifies the most at-risk communities unreasonable risks from TCE when used for NMP, EPA characterized risks from to ensure systems have plans in place to as a spotting agent in dry cleaning and use of this chemical in paint and coating rapidly respond by taking actions to in commercial and consumer aerosol removal. On January 19, 2017, EPA reduce elevated levels of lead in spray degreasers. The uses identified in preliminarily determined that the use of drinking water. The final LCR maintains the proposed rules are being considered NMP in paint and coating removal poses the current Maximum Contaminant as part of the risk evaluation currently an unreasonable risk of injury to health. Level Goal (MCLG) of zero and the being conducted for TCE under TSCA In the final rule for methylene chloride Action Level of 15 ppb. The rule section 6(b). in consumer paint and coating removal requires a more comprehensive Timetable: (RIN 2070–AK07), EPA explained that response at the action level and the Agency was not finalizing the introduces a trigger level of 10 ppb that Action Date FR Cite proposed regulation for NMP as part of requires more proactive planning in NPRM ...... 01/19/17 82 FR 7432 that action. NMP use in paint and communities with lead service lines. coating removal was incorporated into The revisions also include requirements Final Rule ...... To Be Determined the risk evaluation currently being for water systems to prepare an conducted under TSCA section 6(b). inventory of known lead service lines Regulatory Flexibility Analysis Timetable: and to make the inventory publicly Required: Yes. available. The final LCR takes a Agency Contact: Toni Krasnic, Action Date FR Cite proactive and holistic approach to Environmental Protection Agency, improving the current rule—from NPRM ...... 01/17/17 82 FR 7464 Office of Chemical Safety and Pollution testing to treatment to telling the public Prevention, 1200 Pennsylvania Avenue Final Rule ...... To Be Determined about the levels and risks of lead in NW, Mail Code 7405M, Washington, DC drinking water. This approach focuses 20460, Phone: 202 564–0984, Email: Regulatory Flexibility Analysis on the following six key areas: (1) [email protected]. Required: Yes. Identifying areas most impacted; (2) Joel Wolf, Environmental Protection Agency Contact: Eileen Sheehan, strengthening treatment requirements; Agency, Office of Chemical Safety and Environmental Protection Agency, (3) replacing lead service lines; (4) Pollution Prevention, 1200 Office of Chemical Safety and Pollution increasing sampling; (5) improving risk Pennsylvania Avenue NW, Mail Code Prevention, USEPA Region 9, 75 communication; and (6) protecting 7405M, Washington, DC 20460, Phone: Hawthorne Street, San Francisco, CA children in schools. 202 564–0432, Email: [email protected]. 94105, Phone: 415 972–3287, Email: RIN: 2070–AK11 Timetable: [email protected]. 323. N-Methylpyrrolidone; Regulation Joel Wolf, Environmental Protection Action Date FR Cite of Certain Uses Under TSCA Section Agency, Office of Chemical Safety and 6(A) Pollution Prevention, 1200 NPRM ...... 11/13/19 84 FR 61684 Final Rule ...... 11/00/20 E.O. 13771 Designation: Regulatory Pennsylvania Avenue NW, Mail Code Legal Authority: 15 U.S.C. 2605 Toxic 7405M, Washington, DC 20460, Phone: Substances Control Act 202 564–0432, Email: [email protected]. Regulatory Flexibility Analysis Abstract: Section 6(a) of the Toxic RIN: 2070–AK46 Required: Yes. Substances Control Act (TSCA) provides Agency Contact: Jeffrey Kempic, authority for EPA to ban or restrict the Environmental Protection Agency, manufacture (including import), ENVIRONMENTAL PROTECTION Office of Water, 4607M, Washington, DC processing, distribution in commerce, AGENCY (EPA) 20460, Phone: 202 564–4880, Email: and use of chemical substances, as well [email protected]. 72 as any manner or method of disposal. Lisa Christ, Environmental Protection Section 26(l)(4) of TSCA authorizes EPA Final Rule Stage Agency, Office of Water, 1200 to issue rules under TSCA section 6 for Pennsylvania Avenue NW, Washington, chemicals listed in the 2014 update to 324. National Primary Drinking Water Regulations for Lead And Copper: DC 20460, Phone: 202 564–8354, Email: the TSCA Work Plan for Chemical [email protected]. Assessments for which EPA published Regulatory Revisions completed risk assessments prior to E.O. 13771 Designation: Regulatory. RIN: 2040–AF15 June 22, 2016, consistent with the scope Legal Authority: 42 U.S.C. 300f et seq., [FR Doc. 2021–04336 Filed 3–30–21; 8:45 am] of the completed risk assessment and Safe Drinking Water Act BILLING CODE 6560–50–P VerDate Sep<11>2014 21:48 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP15.SGM 31MRP15 jbell on DSKJLSW7X2PROD with PROPOSALS15 FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part XVI General Services Administration Semiannual Regulatory Agenda VerDate Sep<11>2014 21:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP16.SGM 31MRP16 jbell on DSKJLSW7X2PROD with PROPOSALS16 16960 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda GENERAL SERVICES reviewed in their entirety at the the Agenda, the entire Regulatory Plan ADMINISTRATION Government’s rulemaking website at will continue to be printed in the http://www.regulations.gov. Federal Register, as in past years, 41 CFR Chapters 101, 102, 105, 300, Since the fall 2007 edition, the including GSA’s regulatory plan. and 302 internet has been the basic means for FOR FURTHER INFORMATION CONTACT: Lois disseminating the Unified Agenda. The 48 CFR Chapter 5 Mandell, Division Director, Regulatory complete Unified Agenda will be Secretariat Division, 1800 F Street NW, available online at www.reginfo.gov, in Unified Agenda of Federal Regulatory 2nd Floor, Washington, DC 20405–0001, a format that offers users a greatly 202–501–2735. and Deregulatory Actions enhanced ability to obtain information This document of the General AGENCY: General Services from the Agenda database. Because publication in the Federal Services Administration was signed on Administration (GSA). September 4, 2020, by Jessica ACTION: Semiannual regulatory agenda. Register is mandated for the regulatory flexibility agendas required by the Salmoiraghi, Associate Administrator, SUMMARY: This agenda announces the Regulatory Flexibility Act (5 U.S.C. Office of Government-wide Policy. That proposed regulatory actions that GSA 602), GSA’s printed agenda entries document with the original signature plans for the next 12 months and those include only: and date is maintained by the General that were completed since the fall 2019 (1) Rules that are in the Agency’s Services Administration. For edition. This agenda was developed regulatory flexibility agenda, in administrative purposes only, and in under the guidelines of Executive accordance with the Regulatory compliance with requirements of the Orders 12866 ‘‘Regulatory Planning and Flexibility Act, because they are likely Office of the Federal Register, the Review,’’ as amended, Executive Order to have a significant economic impact General Services Administration has 13771 ‘‘Reducing Regulation and on a substantial number of small delegated authority to the undersigned Controlling Regulatory Costs,’’ and entities; and RISC Federal Register Liaison Officer to Executive Order 13563 ‘‘Improving (2) Any rules that the Agency has re-sign and submit the document in Regulation and Regulatory Review.’’ identified for periodic review under electronic format for publication, as an GSA’s purpose in publishing this section 610 of the Regulatory Flexibility official document of the General agenda is to allow interested persons an Act. Services Administration. This opportunity to participate in the Printing of these entries is limited to administrative process in no way alters rulemaking process. GSA also invites fields that contain information required the legal effect of this document upon interested persons to recommend by the Regulatory Flexibility Act’s publication in the Federal Register. existing significant regulations for Agenda requirements. Additional Dated: March 16, 2021. review to determine whether they information on these entries is available Alvin Levi Harrod, should be modified or eliminated. in the Unified Agenda published on the Federal Register Liaison Officer, Regulatory Published proposed rules may be internet. In addition, for fall editions of Information Service Center. GENERAL SERVICES ADMINISTRATION—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 325 ...... General Services Acquisition Regulation (GSAR); GSAR Case 2016–G511, Contract Requirements for 3090–AJ84 GSA Information Systems. 326 ...... General Services Acquisition Regulation (GSAR); GSAR Case 2019–G503, Streamlining GSA Commer- 3090–AK09 cial Contract Clause Requirements. 327 ...... General Services Acquisition Regulation (GSAR); GSAR Case 2020–G502, Increasing Order Level Com- 3090–AK15 petition for Federal Supply Schedules. 328 ...... General Service Acquisition Regulation (GSAR); GSAR Case 2020–G503, Increasing Order Level Com- 3090–AK16 petition for Indefinite-Delivery, Indefinite-Quantity Contracts. 329 ...... General Service Acquisition Regulation (GSAR); GSAR Case 2020–G504, Federal Supply Schedule 3090–AK17 Catalog Management. 330 ...... General Service Acquisition Regulation (GSAR); GSAR Case 2020–G505, Clarify Commercial Item Con- 3090–AK18 tract Terms and Conditions. 331 ...... General Service Acquisition Regulation (GSAR); GSAR Case 2020–G509, Extending Federal Supply 3090–AK19 Schedule Orders Beyond the Contract Term. 332 ...... General Service Acquisition Regulation (GSAR); GSAR Case 2020–G510, Federal Supply Schedule Eco- 3090–AK20 nomic Price Adjustment. 333 ...... General Service Acquisition Regulation (GSAR); GSAR Case 2020–G511, Updated Guidance for Non- 3090–AK21 Federal Entities Access to Federal Supply Schedules. 334 ...... General Service Acquisition Regulation (GSAR); GSAR Case 2020–G512, System for Award Manage- 3090–AK22 ment Representation for Leases. 335 ...... General Service Acquisition Regulation (GSAR); GSAR Case 2020–G513, Lease Payment Procedures .... 3090–AK23 336 ...... General Service Acquisition Regulation (GSAR); GSAR Case 2020–G517, Contracting Exemption for 3090–AK24 Regulated Utilities. 337 ...... General Service Acquisition Regulation (GSAR); GSAR Case 2020–G534, Extension of Certain Tele- 3090–AK29 communication Prohibitions to Lease Acquisitions. VerDate Sep<11>2014 21:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP16.SGM 31MRP16 jbell on DSKJLSW7X2PROD with PROPOSALS16 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16961 GENERAL SERVICES RIN: 3090–AJ84 Action Date FR Cite ADMINISTRATION (GSA) 326. General Services Acquisition NPRM ...... 03/00/21 Office of Acquisition Policy Regulation (GSAR); GSAR Case 2019– NPRM Comment 05/00/21 G503, Streamlining GSA Commercial Proposed Rule Stage Period End. Contract Clause Requirements I 325. General Services Acquisition E.O. 13771 Designation: Other. Regulatory Flexibility Analysis Regulation (GSAR); GSAR Case 2016– Legal Authority: 40 U.S.C. 121(c) Required: Yes. G511, Contract Requirements for GSA Abstract: The General Services Agency Contact: Thomas O’Linn, Information Systems Administration (GSA) is proposing to Procurement Analyst, General Services E.O. 13771 Designation: Other. amend the General Services Administration, 1800 F Street NW, Legal Authority: 40 U.S.C. 121(c) Administration Acquisition Regulation Washington, DC 20405, Phone: 202 445– Abstract: The General Services (GSAR) to streamline requirements for 0390, Email: [email protected]. Administration (GSA) is proposing to GSA commercial contracts. This rule RIN: 3090–AK15 amend the General Services will update GSAR Clauses 552.212–71 328. General Service Acquisition Administration Acquisition Regulation and 552.212–72 to remove any Regulation (GSAR); GSAR Case 2020– (GSAR) to streamline and update requirements that are not necessary by G503, Increasing Order Level requirements for contracts that involve law or Executive Order. Competition for Indefinite-Delivery, GSA information systems. GSA’s Timetable: Indefinite-Quantity Contracts policies on cybersecurity and other Action Date FR Cite E.O. 13771 Designation: Other. information technology requirements Legal Authority: 40 U.S.C. 121(c) have been previously issued and NPRM ...... 01/00/21 Abstract: The General Services communicated by the Office of the Chief NPRM Comment 03/00/21 Administration (GSA) is proposing to Information Officer through the GSA Period End. I I amend the General Services public website. By incorporating these Administration Acquisition Regulation requirements into the GSAR, the GSAR Regulatory Flexibility Analysis (GSAR) to implement section 876 of the will provide centralized guidance to Required: Yes. National Defense Authorization Act ensure consistent application across the Agency Contact: Johnnie McDowell, (NDAA) for Fiscal Year 2019 (Pub. L. organization. Integrating these Procurement Analyst, General Services 115–232) as it relates to certain requirements into the GSAR will also Administration, 1800 F Street NW, indefinite-delivery, indefinite-quantity allow industry to provide public Washington, DC 20405, Phone: 202 718– contracts. Section 876 amended 41 comments through the rulemaking 6112, Email: [email protected]. U.S.C. 3306(c) by providing an process. RIN: 3090–AK09 exception to the requirement to consider This rule will require contracting 327. General Services Acquisition price as an evaluation factor for the officers to incorporate applicable GSA award of certain indefinite-delivery, cybersecurity requirements within the Regulation (GSAR); GSAR Case 2020– G502, Increasing Order Level indefinite-quantity contracts and statement of work to ensure compliance Federal Supply Schedule contracts. A with Federal cybersecurity requirements Competition for Federal Supply Schedules separate case, GSAR Case 2020–G502, and implement best practices for will address the implementation of preventing cyber incidents. Contract E.O. 13771 Designation: Other. Section 876 in relation to Federal requirements for internal information Legal Authority: 40 U.S.C. 121(c) Supply Schedule contracts. systems, external contractor systems, Abstract: The General Services Timetable: cloud systems, and mobile systems will Administration (GSA) is proposing to be covered by this rule. This rule will amend the General Services Action Date FR Cite also update existing GSAR provision Administration Acquisition Regulation 552.239–70, Information Technology (GSAR) to streamline and update NPRM ...... 03/00/21 Security Plan and Security requirements for contracts that involve NPRM Comment 05/00/21 Authorization, and GSAR clause GSA information systems. GSA’s Period End. I 552.239–71, Security Requirements for policies on cybersecurity and other Unclassified Information Technology information technology requirements Regulatory Flexibility Analysis Resources, to only require the provision have been previously issued and Required: Yes. and clause when the contract will communicated by the Office of the Chief Agency Contact: Thomas O’Linn, involve information or information Information Officer through the GSA Procurement Analyst, General Services systems connected to a GSA network. public website. By incorporating these Administration, 1800 F Street NW, Timetable: requirements into the GSAR, the GSAR Washington, DC 20405, Phone: 202 445– will provide centralized guidance to 0390, Email: [email protected]. Action Date FR Cite ensure consistent application across the RIN: 3090–AK16 organization. Integrating these 329. General Service Acquisition NPRM ...... 01/00/21 requirements into the GSAR will also Regulation (GSAR); GSAR Case 2020– NPRM Comment 03/00/21 allow industry to provide public Period End. G504, Federal Supply Schedule Catalog I I comments through the rulemaking Management process. Regulatory Flexibility Analysis E.O. 13771 Designation: Other. Timetable: Required: Yes. Legal Authority: 40 U.S.C. 121(c) Agency Contact: Johnnie McDowell, Action Date FR Cite Abstract: The General Services Procurement Analyst, General Services Administration (GSA) is proposing to Administration, 1800 F Street NW, ANPRM ...... 08/19/20 85 FR 50989 amend the General Services Washington, DC 20405, Phone: 202 718– ANPRM Comment 09/18/20 Administration Acquisition Regulation 6112, Email: [email protected]. Period End. I I (GSAR) to consolidate all terms related VerDate Sep<11>2014 21:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP16.SGM 31MRP16 jbell on DSKJLSW7X2PROD with PROPOSALS16 16962 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda to Federal Supply Schedule catalog program policy titled I–FSS–163 Option Entities, such as state and local management, which are currently to Extend the Term of the Contract governments. Eligible Non Federal spread across multiple clauses, into one (Evergreen) will be incorporated. Entities are able to use Federal Supply consolidated clause. Timetable: Schedules based on authority from Timetable: various laws, including 40 U.S.C. Action Date FR Cite 502(c). Action Date FR Cite NPRM ...... 03/00/21 Timetable: NPRM ...... 02/00/21 NPRM Comment 05/00/21 NPRM Comment 04/00/21 Period End. Action Date FR Cite Period End. I I I I NPRM ...... 03/00/21 Regulatory Flexibility Analysis NPRM Comment 05/00/21 Regulatory Flexibility Analysis Required: Yes. Period End. Required: Yes. Agency Contact: Thomas O’Linn, I Agency Contact: Byron Boyer, Procurement Analyst, General Services Procurement Analyst, General Services Administration, 1800 F Street NW, Regulatory Flexibility Analysis Administration, 1800 F Street NW, Washington, DC 20405, Phone: 202 445– Required: Yes. Washington, DC 20405, Phone: 817 850– 0390, Email: [email protected]. Agency Contact: Thomas O’Linn, 5580, Email: [email protected]. RIN: 3090–AK19 Procurement Analyst, General Services RIN: 3090–AK17 Administration, 1800 F Street NW, 332. General Service Acquisition Washington, DC 20405, Phone: 202 445– 330. General Service Acquisition Regulation (GSAR); GSAR Case 2020– 0390, Email: [email protected]. Regulation (GSAR); GSAR Case 2020– G510, Federal Supply Schedule G505, Clarify Commercial Item Economic Price Adjustment RIN: 3090–AK21 Contract Terms and Conditions E.O. 13771 Designation: Other. 334. General Service Acquisition E.O. 13771 Designation: Other. Legal Authority: 40 U.S.C. 121(c) Regulation (GSAR); GSAR Case 2020– Legal Authority: 40 U.S.C. 121(c) Abstract: The General Services G512, System for Award Management Abstract: The General Services Administration (GSA) is proposing to Representation for Leases Administration (GSA) is proposing to amend the General Services E.O. 13771 Designation: Other. amend the General Services Acquisition Administration Acquisition Regulation Regulation (GSAR) to clarify (GSAR) to clarify, update, and Legal Authority: 40 U.S.C. 121(c) commercial item contract terms and incorporate Federal Supply Schedule Abstract: The General Services conditions. This rule will update GSAR (FSS) program policies and procedures Administration (GSA) is proposing to Clause 552.212–4 to clarify the regarding economic price adjustment. amend the General Services prescription and language applicable for This rule will update GSAR Clause Administration Acquisition Regulation the different clause alternates. 552.216–70 to incorporate the clause (GSAR) to remove the requirement for Timetable: alternates in GSA’s existing class lease offerors to have an active System deviation CD–2019–14. for Award Management (SAM) Action Date FR Cite Timetable: registration when submitting offers and instead allow offers up until the time of NPRM ...... 02/00/21 Action Date FR Cite award to obtain an active SAM NPRM Comment 04/00/21 registration. Entities seeking Federal Period End. NPRM ...... 03/00/21 leases differ from the typical entities NPRM Comment 05/00/21 seeking Federal contracts in that Regulatory FlexibilityI Analysis I I I Period End. common practice is to form a new entity Required: Yes. for every new lease offer. Requiring Agency Contact: Johnnie McDowell, Regulatory Flexibility Analysis representations from these entities prior Procurement Analyst, General Services Required: Yes. to offer submission restricts Administration, 1800 F Street NW, Agency Contact: Thomas O’Linn, competition. In addition, the tools in Washington, DC 20405, Phone: 202 718– Procurement Analyst, General Services SAM typically used in the 6112, Email: [email protected]. Administration, 1800 F Street NW, Government’s evaluation of offers do RIN: 3090–AK18 Washington, DC 20405, Phone: 202 445– not add value when evaluating lease 0390, Email: [email protected]. 331. General Service Acquisition offers. RIN: 3090–AK20 Regulation (GSAR); GSAR Case 2020– Timetable: G509, Extending Federal Supply 333. General Service Acquisition Schedule Orders Beyond the Contract Regulation (GSAR); GSAR Case 2020– Action Date FR Cite Term G511, Updated Guidance for Non- NPRM ...... 03/00/21 E.O. 13771 Designation: Other. Federal Entities Access to Federal Supply Schedules NPRM Comment 05/00/21 Legal Authority: 40 U.S.C. 121(c) Period End. Abstract: The General Services E.O. 13771 Designation: Other. I Administration (GSA) is proposing to Legal Authority: 40 U.S.C. 121(c); 40 Regulatory Flexibility Analysis amend the General Services U.S.C. 502 Administration Acquisition Regulation Abstract: The General Services Required: Yes. (GSAR) to clarify, update, and Administration (GSA) is proposing to Agency Contact: Marten Wallace, incorporate existing Federal Supply amend the General Services Procurement Analyst, General Services Schedule (FSS) program policies and Administration Acquisition Regulation Administration, 1800 F Street NW, procedures regarding performance of (GSAR) to streamline and clarify the Washington, DC 20405, Phone: 202 969– orders beyond the term of the base FSS requirements for use of Federal Supply 7736, Email: [email protected]. contract. Specifically, the local FSS Schedules by eligible Non-Federal RIN: 3090–AK22 VerDate Sep<11>2014 21:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP16.SGM 31MRP16 jbell on DSKJLSW7X2PROD with PROPOSALS16 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16963 335. General Service Acquisition Legal Authority: 40 U.S.C. 121(c) 337. General Service Acquisition Regulation (GSAR); GSAR Case 2020– Abstract: The General Services Regulation (GSAR); GSAR Case 2020– G513, Lease Payment Procedures Administration (GSA) is proposing to G534, Extension of Certain E.O. 13771 Designation: Other. amend the General Services Telecommunication Prohibitions to Legal Authority: 40 U.S.C. 121(c) Administration Acquisition Regulation Lease Acquisitions Abstract: The General Services (GSAR) to remove the requirement to E.O. 13771 Designation: Regulatory. Administration (GSA) is proposing to establish a contract for services Legal Authority: 40 U.S.C. 121(c); 5 amend the General Services provided by regulated public utilities. U.S.C. 801 Administration Acquisition Regulation This rule provides a deviation to Abstract: The General Services (GSAR) to establish a new clause to Federal Acquisition Regulation (FAR) Administration (GSA) is amending the allow for a pass-through of taxes under 41.201 to remove the unnecessary and General Services Administration payments for lease construction. The burdensome requirements to seek Acquisition Regulation (GSAR) to real estate tax base for a newly built or bilateral written contracts for services extend the requirements of section 889 renovated building is uncertain until a of the National Defense Authorization tax assessment is completed, which can provided by public utilities and to implement new, more efficient Act (NDAA) for FY 19 (Pub. L. 115–232) be a year or more after occupancy in to lease acquisitions by requiring procedures in the GSAR to streamline some jurisdictions. Removing the tax inclusion of the related Federal the process. This deviation only applies base from the shell rent of a lease and Acquisition Regulation (FAR) to the acquisition of services from providing a pass-through of the real provisions and clause. Generally, the estate taxes in lieu of a real estate tax regulated public utilities. Based on FAR does not apply to leasehold adjustment over a base during the term review of 31 U.S.C. 1501(a)(8) and acquisitions of real property. However, of the lease will remove an element of opinions from the Government several FAR provisions have been risk from the pricing of rent, will result Accountability Office (GAO), the adopted based on statutory in greater competition, and will lower procedures set forth at FAR 41.2 are not requirements through GSAR part 570. rental rates. necessary in order to comply with Section 889 of the NDAA for FY 19 Timetable: applicable fiscal law regarding the applies to Government lease recording of obligations. acquisitions and extension of the FAR Action Date FR Cite Timetable: requirements will ensure compliance. NPRM ...... 02/00/21 Timetable: NPRM Comment 04/00/21 Action Date FR Cite Period End. Action Date FR Cite I I NPRM ...... 03/00/21 Regulatory Flexibility Analysis NPRM Comment 05/00/21 NPRM ...... 02/00/21 Period End. NPRM Comment 04/00/21 Required: Yes. Period End. Agency Contact: Marten Wallace, I I I I Procurement Analyst, General Services Regulatory Flexibility Analysis Regulatory Flexibility Analysis Administration, 1800 F Street NW, Required: Yes. Required: Yes. Washington, DC 20405, Phone: 202 969– Agency Contact: Clarence Harrison, Agency Contact: Stephen Carroll, 7736, Email: [email protected]. Procurement Analyst, General Services RIN: 3090–AK23 Procurement Analyst, General Services Administration, 1800 F Street NW, Administration, 1800 F Street NW, 336. General Service Acquisition Washington, DC 20405, Phone: 202 227– Washington, DC 20405, Phone: 817 253– Regulation (GSAR); GSAR Case 2020– 7051, Email: [email protected]. 7858, Email: [email protected]. G517, Contracting Exemption for RIN: 3090–AK29 RIN: 3090–AK24 Regulated Utilities [FR Doc. 2021–05848 Filed 3–30–21; 8:45 am] E.O. 13771 Designation: Other. BILLING CODE 6820–34–P VerDate Sep<11>2014 21:54 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP16.SGM 31MRP16 jbell on DSKJLSW7X2PROD with PROPOSALS16 VerDate Mar 15 2010 04:16 Oct 27, 2011 Jkt 000000 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 C:\DOCS\BLANK.FR DEV003 FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part XVII Office of Management and Budget Semiannual Regulatory Agenda VerDate Sep<11>2014 22:00 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP17.SGM 31MRP17 jbell on DSKJLSW7X2PROD with PROPOSALS17 16966 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda OFFICE OF MANAGEMENT AND OMB Guidance and OFPP Policy U.S.C. 1501 et seq. Cost Accounting BUDGET Letters are published in accordance Standards are rules governing the with OMB’s internal procedures for measurement, assignment, and 2 CFR Chapters 1 and 2 implementing Executive Order 12866 allocation of costs to contracts entered (58 FR 51735 (Oct. 4, 1993)). OMB into with the United States Government. 48 CFR Chapter 99 policy guidelines are issued under For purposes of this agenda, we have authority derived from several sources, Federal Regulations, Guidance, OFPP including: Subtitles I, II, and V of title excluded directives that outline Policy Letters, and CASB Cost 31, U.S. Code; Executive Order 11541; procedures to be followed in connection Accounting Standards Included in the and other specific authority as cited. with the President’s budget and Semiannual Agenda of Federal OMB Guidance and OFPP Policy Letters legislative programs, as well as Activities communicate guidance and instructions directives that affect only the internal of a continuing nature to executive functions, management, or personnel of AGENCY: Office of Management and branch agencies. As such, most OMB Federal agencies. Budget. Guidance and OFPP Policy Letters are FOR FURTHER INFORMATION CONTACT: See ACTION: Semiannual regulatory agenda. not regulations. Nonetheless, because the agency contact person listed for each these issuances are typically of interest entry in the agenda, c/o Office of SUMMARY: The Office of Management to the public, they are generally and Budget (OMB) is publishing its published in the Federal Register at Management and Budget, Washington, semiannual agenda of upcoming both the proposed (for public comment) DC 20503. On the overall agenda, activities for Federal regulations, OMB and final stages. For this reason, they contact Laura Dennehy, (202) 579–6597, Guidance, Office of Federal are presented below in the standard at the above address. Procurement Policy (OFPP) Policy format of ‘‘pre-rule,’’ ‘‘proposed rule,’’ Deidre A. Harrison, Letters, and Cost Accounting Standards and ‘‘final rule’’ stages. (CAS) Board Cost Accounting CASB Cost Accounting Standards are Acting Deputy Controller, Office of Management and Budget. Standards. issued under authority derived from 41 OFFICE OF MANAGEMENT AND BUDGET—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 338 ...... Federal Acquisition Security Council Implementing Regulation ...... 0348–AB83 OFFICE OF MANAGEMENT AND BUDGET—COMPLETED ACTIONS Regulation Sequence No. Title Identifier No. 339 ...... 2 CFR Changes to Address Statutory and/or Regulatory Needs ...... 0348–AB76 OFFICE OF MANAGEMENT AND Action Date FR Cite OFFICE OF MANAGEMENT AND BUDGET (OMB) BUDGET (OMB) Interim Final Rule 09/01/20 85 FR 54263 Completed Actions Final Rule Stage Interim Final Rule 09/01/20 338. Federal Acquisition Security Effective. 339. 2 CFR Changes To Address Council Implementing Regulation Interim Final Rule 11/02/20 Statutory and/or Regulatory Needs Comment Pe- E.O. 13771 Designation: Not subject E.O. 13771 Designation: Other. riod End. Final Rule ...... 12/00/20 to, not significant. Legal Authority: Pub. L. 115–390 sec. Legal Authority: 31 U.S.C. 503 202(c) Abstract: The Office of Management Regulatory Flexibility Analysis and Budget will pursue proposed Abstract: This interim final rule will Required: Yes. rulemaking to revise parts of title 2 of implement subchapter III of chapter 13 the Code of Federal Regulations (2 CFR) of title 41, United States Code. Agency Contact: Steven McAndrews, Office of Management and Budget, Subtitle A—OMB Guidance for Grants Subchapter III creates the Federal and Agreements (Guidance). The Acquisition Security Council, and Phone: 202 881–7145, Email: [email protected]. Guidance is scheduled for review every identifies a number of functions to be five years after December 26, 2013, per performed by the Council. The FASC is Lisa Barr, Office of Management and 2 CFR (200.109 Review date). The intent chaired by a designated OMB Senior- Budget, Phone: 202 881–6798, Email: of the proposed revisions are to address Level official, and Public Law 115–390 [email protected]. burden reduction for recipients, fix requires that the FASC publish an RIN: 0348–AB83 inconsistent terminology, resolve interim final rule to implement these conflict within areas of 2 CFR, functions. incorporate the President’s Management Agenda, and address statutes enacted Timetable: since the final guidance was issued. VerDate Sep<11>2014 22:00 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP17.SGM 31MRP17 jbell on DSKJLSW7X2PROD with PROPOSALS17 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16967 Timetable: Action Date FR Cite Management and Budget, 725 17th Street NW, Washington, DC 20006, Action Date FR Cite Final Rule Effec- 11/12/20 Phone: 202 395–3819, Email: tive. [email protected]. NPRM ...... 01/22/20 85 FR 3766 I I NPRM Comment 03/23/20 Regulatory Flexibility Analysis RIN: 0348–AB76 Period End. Required: Yes. [FR Doc. 2021–04349 Filed 3–30–21; 8:45 am] Final Rule ...... I 08/13/20 I 85 FR 49506 Agency Contact: Nicole Waldeck, BILLING CODE 3110–01–P Senior Policy Analyst, Office of VerDate Sep<11>2014 22:00 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP17.SGM 31MRP17 jbell on DSKJLSW7X2PROD with PROPOSALS17 VerDate Mar 15 2010 04:16 Oct 27, 2011 Jkt 000000 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 C:\DOCS\BLANK.FR DEV003 FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part XVIII Railroad Retirement Board Semiannual Regulatory Agenda VerDate Sep<11>2014 23:09 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP18.SGM 31MRP18 jbell on DSKJLSW7X2PROD with PROPOSALS18 16970 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda RAILROAD RETIREMENT BOARD SUMMARY: This agenda contains a list of Counsel, Office of General Counsel, regulations that the Board is developing Railroad Retirement Board, (312) 751– 20 CFR Ch. II or proposes to develop in the next 12 4945, Fax (312) 751–7102, TDD (312) months and regulations that are 751–4701. Semiannual Agenda of Regulations scheduled to be reviewed in that period. Under Development or Review Dated: September 4, 2020. ADDRESSES: 844 North Rush Street, By Authority of the Board. AGENCY: Railroad Retirement Board. Chicago, IL 60611–1275. FOR FURTHER INFORMATION CONTACT: Stephanie Hillyard, ACTION: Semiannual regulatory agenda. Marguerite P. Dadabo, Assistant General Secretary to the Board. RAILROAD RETIREMENT BOARD—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 340 ...... Proposed Amendment to Update the Titles of Various Executive Committee Members Whose Office Titles 3220–AB72 Have Changed (Section 610 Review). 341 ...... Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the 3220–AB73 Railroad Retirement Board (Section 610 Review). RAILROAD RETIREMENT BOARD ‘‘Director of Administration/COOP Legal Authority: 29 U.S.C. 794 (RRB) Executive,’’ and to add the positions of Abstract: We propose to amend our ‘‘Chief Financial Officer’’ and ‘‘Director Long-Term Actions regulations at 20 CFR part 365 to update of Field Service’’ to the delegation of terminology to refer to individuals with 340. Proposed Amendment To Update authority chain. Finally, the delegation a disability. This amendment replaces the Titles of Various Executive of authority chain will be updated to the term ‘‘handicap’’ with the term Committee Members Whose Office reflect the addition of the updated titles ‘‘disability’’ to match the statutory Titles Have Changed (Section 610 and the removal of outdated positions. language in the Rehabilitation Act Review) Timetable: Amendment of 1992, Public Law 102– E.O. 13771 Designation: Fully or 569, 106 Stat. 4344. Action Date FR Cite Partially Exempt. Timetable: Legal Authority: 45 U.S.C. 231f; 45 Direct Final Rule 10/00/21 U.S.C. 362 Action Date FR Cite Abstract: The Railroad Retirement Regulatory Flexibility Analysis Board proposes to amend its regulations Required: No. Direct Final Rule 10/00/21 to update 20 CFR 375.5(b), which will Agency Contact: Marguerite P. change the titles of various Executive Dadabo, Assistant General Counsel, Regulatory Flexibility Analysis Committee members whose office titles Railroad Retirement Board, Office of Required: No. have changed. The Railroad Retirement General Counsel, 844 North Rush Street, Agency Contact: Marguerite P. Board (Board) proposes to amend its Room 811, Chicago, IL 60611, Phone: Dadabo, Assistant General Counsel, regulations governing the Board’s policy 312 751–4945, TDD Phone: 312 751– Railroad Retirement Board, Office of on delegation of authority in case of 4701, Fax: 312 751–7102. General Counsel, 844 North Rush Street, national emergency. The regulation to RIN: 3220–AB72 Room 811, Chicago, IL 60611, Phone: be amended is contained in section 312 751–4945, TDD Phone: 312 751– 375.5. In section 375.5(b) of the Board’s 341. Enforcement of Nondiscrimination 4701, Fax: 312 751–7102. regulations, the Board proposes to on the Basis of Handicap in Programs remove the language that refers to the or Activities Conducted by the Railroad RIN: 3220–AB73 ‘‘Director of Supply and Service’’ and Retirement Board (Section 610 Review) [FR Doc. 2021–04331 Filed 3–30–21; 8:45 am] the ‘‘Regional Directors,’’ to update the E.O. 13771 Designation: Fully or BILLING CODE 7905–01–P title of Director of Administration to Partially Exempt. VerDate Sep<11>2014 23:09 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP18.SGM 31MRP18 jbell on DSKJLSW7X2PROD with PROPOSALS18 FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part XIX Small Business Administration Semiannual Regulatory Agenda VerDate Sep<11>2014 23:12 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP19.SGM 31MRP19 jbell on DSKJLSW7X2PROD with PROPOSALS19 16972 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda SMALL BUSINESS ADMINISTRATION General rulemakings SBA expects to consider in Please direct general comments or the next 12 months is included in the 13 CFR Ch. I inquiries to K. Bundy, U.S. Small Federal Government’s unified Business Administration, 409 Third Regulatory Agenda, which will be Semiannual Regulatory Agenda Street SW, Washington, DC 20416, (202) available online at www.reginfo.gov in a 205–6585, [email protected]. format that offers users enhanced ability AGENCY: U.S. Small Business to obtain information about SBA’s rules. Administration (SBA). Specific SBA is fully committed to ACTION: Semiannual regulatory agenda. Please direct specific comments and implementing the Administration’s inquiries on individual regulatory regulatory reform policies, as activities identified in this Agenda to SUMMARY: This semiannual Regulatory established by Executive Order 13771, the individual listed in the summary of Agenda (Agenda) is a summary of Reducing Regulation and Controlling the regulation as the point of contact for current and projected regulatory and Regulatory Costs (January 30, 2017) and that regulation. deregulatory actions and completed Executive Order 13777, Enforcing the SUPPLEMENTARY INFORMATION: The actions of the Small Business Regulatory Reform Agenda (February Regulatory Flexibility Act (RFA) Administration (SBA). This summary 24, 2017). In order to fully implement requires SBA to publish in the Federal the goal of these executive orders, SBA information is intended to enable the Register a semiannual regulatory public to be more aware of, and seeks feedback from the public in flexibility agenda describing those identifying any SBA regulations affected effectively participate in, SBA’s Agency rules that are likely to have a parties believe impose unnecessary regulatory and deregulatory activities. significant economic impact on a burdens or costs that exceed their Accordingly, SBA invites the public to substantial number of small entities (5 benefits; eliminate jobs or inhibit job submit comments on any aspect of this U.S.C. 602). The summary information creation; or are ineffective or outdated. Agenda. published in the Federal Register is Tami Perriello, FOR FURTHER INFORMATION CONTACT: limited to those rules. Additional information regarding all of the Acting Administrator. SMALL BUSINESS ADMINISTRATION—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 342 ...... Small Business Size Standards; Alternative Size Standard for 7(a), 504, and Disaster Loan Programs ...... 3245–AG16 343 ...... Small Business Size Standards: Agriculture, Forestry, Fishing and Hunting; Mining, Quarrying, and Oil 3245–AG89 and Gas Extraction; Utilities; Construction. 344 ...... Small Business Size Standards: Transportation and Warehousing; Information; Finance and Insurance; 3245–AG90 Real Estate and Rental and Leasing. 345 ...... Small Business Size Standards: Professional, Scientific and Technical Services; Management of Compa- 3245–AG91 nies and Enterprises; Administrative and Support and Waste Management and Remediation Services. 346 ...... Small Business Size Standards: Manufacturing and Industries With Employee Based Size Standards in 3245–AH09 Other Sectors Except Wholesale Trade and Retail Trade. 347 ...... Small Business Size Standards: Wholesale Trade and Retail Trade ...... 3245–AH10 348 ...... National Defense Authorization Act of 2020, Credit for Lower Tier Subcontracting and Other Amendments 3245–AH28 (Reg Plan Seq No. 120). References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. SMALL BUSINESS ADMINISTRATION—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 349 ...... Small Business Size Standards: Educational Services; Health Care and Social Assistance; Arts, Enter- 3245–AG88 tainment and Recreation; Accommodation and Food Services; Other Services. 350 ...... SBA Supervised Lenders Application Process ...... 3245–AH04 351 ...... Small Business Size Standards: Adjustment of Monetary Based Size Standards for Inflation ...... 3245–AH17 SMALL BUSINESS ADMINISTRATION—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 352 ...... Small Business Development Center Program Revisions ...... 3245–AE05 353 ...... Small Business Timber Set-Aside Program ...... 3245–AG69 354 ...... Small Business Size Standards: Calculation of Average Annual Receipts in Business Loan, Disaster 3245–AH26 Loan, and Small Business Investment Company Programs. VerDate Sep<11>2014 23:12 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP19.SGM 31MRP19 jbell on DSKJLSW7X2PROD with PROPOSALS19 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16973 SMALL BUSINESS ADMINISTRATION—COMPLETED ACTIONS Regulation Sequence No. Title Identifier No. 355 ...... 8(a) Business Development (Completion of a Section 610 Review) ...... 3245–AH19 356 ...... Government Contracting Programs (Completion of a Section 610 Review) ...... 3245–AH20 357 ...... HUBZone Program (Completion of a Section 610 Review) ...... 3245–AH21 SMALL BUSINESS ADMINISTRATION 343. Small Business Size Standards: appropriate adjustments to reflect (SBA) Agriculture, Forestry, Fishing and market conditions. As part of the second Hunting; Mining, Quarrying, and Oil five-year review of size standards under Proposed Rule Stage and Gas Extraction; Utilities; the Jobs Act, in this proposed rule, SBA 342. Small Business Size Standards; Construction will evaluate each industry that has a Alternative Size Standard for 7(A), 504, E.O. 13771 Designation: Other. receipts-based standard in North and Disaster Loan Programs Legal Authority: 15 U.S.C. 632(a) American Industry Classification Abstract: The Small Business Jobs Act System (NAICS) Sector 48–49 E.O. 13771 Designation: Other. of 2010 (Jobs Act) requires SBA to (Transportation and Warehousing), Legal Authority: Pub. L. 111–240, sec. conduct every five years a detailed Sector 51 (Information), Sector 52 1116 review of all size standards and to make (Finance and Insurance), and Sector 53 appropriate adjustments to reflect (Real Estate and Rental and Leasing) and Abstract: SBA will propose make necessary adjustments to size amendments its size eligibility criteria market conditions. As part of the second five-year review of size standards under standards in these sectors. This is one for Business Loans, certified of a series of proposed rules that will development company (CDC) loans the Jobs Act, in this proposed rule, SBA will evaluate each industry that has a examine groups of NAICS sectors. SBA under title V of the Small Business receipts-based standard in North will apply its Size Standards Investment Act (504) and economic American Industry Classification Methodology to this proposed rule. Timetable: injury disaster loans (EIDL). For the System (NAICS) Sector 11 (Agriculture, SBA 7(a) Business Loan Program and Forestry, Fishing and Hunting), Sector Action Date FR Cite the 504 program, the amendments will 21 (Mining, Quarrying, and Oil and Gas provide an alternative size standard for Extraction), Sector 22 (Utilities), and NPRM ...... 10/02/20 85 FR 62372 loan applicants that do not meet the Sector 23 (Construction), and make NPRM Comment 12/01/20 small business size standards for their necessary adjustments to size standards Period End. industries. The Small Business Jobs Act in these sectors. This is one of a series Final Rule ...... I 09/00/21 of 2010 (Jobs Act) established of proposed rules that will examine alternative size standards that apply to groups of NAICS sectors. SBA will Regulatory Flexibility Analysis both of these programs until SBA’s apply its Size Standards Methodology to Required: Yes. Administrator establishes other this proposed rule. Agency Contact: Dr. Khem Raj alternative size standards. For the Timetable: Sharma, Chief, Office of Size Standards, disaster loan program, the amendments Small Business Administration, 409 Third Street SW, Washington, DC will provide an alternative size standard Action Date FR Cite 20416, Phone: 202 205–7189, Fax: 202 for loan applicants that do not meet the NPRM ...... 10/02/20 85 FR 62239 205–6390, Email: khem.sharma@ Small Business Size Standard for their NPRM Comment 12/01/20 sba.gov. industries. SBA loan program Period End. RIN: 3245–AG90 alternative size standards do not affect Final Rule ...... 09/00/21 other Federal Government programs, I I 345. Small Business Size Standards: including Federal procurement. Regulatory Flexibility Analysis Professional, Scientific and Technical Services; Management of Companies Timetable: Required: Yes. Agency Contact: Dr. Khem Raj and Enterprises; Administrative and Support and Waste Management and Action Date FR Cite Sharma, Chief, Office of Size Standards, Small Business Administration, 409 Remediation Services ANPRM ...... 03/22/18 83 FR 12506 Third Street SW, Washington, DC E.O. 13771 Designation: Other. ANPRM Comment 05/21/18 20416, Phone: 202 205–7189, Fax: 202 Legal Authority: 15 U.S.C. 632(a) Period End. 205–6390, Email: khem.sharma@ Abstract: The Small Business Jobs Act NPRM ...... 05/00/21 sba.gov. of 2010 (Jobs Act) requires SBA to RIN: 3245–AG89 conduct every five years a detailed review of all size standards and to make Regulatory Flexibility Analysis 344. Small Business Size Standards: Required: Yes. appropriate adjustments to reflect Transportation and Warehousing; market conditions. As part of the second Agency Contact: Dr. Khem Raj Information; Finance and Insurance; five-year review of size standards under Sharma, Chief, Office of Size Standards, Real Estate and Rental and Leasing the Jobs Act, in this proposed rule, SBA Small Business Administration, 409 E.O. 13771 Designation: Other. will evaluate each industry that has a Third Street SW, Washington, DC Legal Authority: 15 U.S.C. 632(a) receipts-based standard in North 20416, Phone: 202 205–7189, Fax: 202 Abstract: The Small Business Jobs Act American Industry Classification 205–6390, Email: [email protected] of 2010 (Jobs Act) requires SBA to System (NAICS) Sector 54 (Professional, RIN: 3245–AG16 conduct every five years a detailed Scientific and Technical Services), review of all size standards and to make Sector 55 (Management of Companies VerDate Sep<11>2014 23:12 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP19.SGM 31MRP19 jbell on DSKJLSW7X2PROD with PROPOSALS19 16974 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda and Enterprises), and Sector 56 20416, Phone: 202 205–7189, Fax: 202 conduct every five years a detailed (Administrative and Support, Waste 205–6390, Email: khem.sharma@ review of all size standards and to make Management and Remediation Services) sba.gov. appropriate adjustments to reflect and make necessary adjustments to size RIN: 3245–AH09 market conditions. As part of the second standards in these sectors. This is one five-year review of size standards under 347. Small Business Size Standards: of a series of proposed rules that will the Jobs Act, in this proposed rule, SBA Wholesale Trade and Retail Trade examine groups of NAICS sectors. SBA will evaluate size standards for all will apply its Size Standards E.O. 13771 Designation: Other. industries in North American Industry Methodology to this proposed rule. Legal Authority: 15 U.S.C. 632(a) Classification System (NAICS) Sector 61 Timetable: Abstract: The Small Business Jobs Act (Educational Services), Sector 62 of 2010 (Jobs Act) requires SBA to (Health Care and Social Assistance), Action Date FR Cite conduct every five years a detailed Sector 71 (Arts, Entertainment and review of all size standards and to make Recreation), Sector 72 (Accommodation NPRM ...... 11/13/20 85 FR 72584 appropriate adjustments to reflect and Food Services), and Sector 81 NPRM Comment 01/12/21 market conditions. As part of the second Period End. (Other Services) and make necessary Final Rule ...... 07/00/21 5-year review of size standards under adjustments to size standards in these I I the Jobs Act, in this proposed rule, SBA sectors. This is one of a series of Regulatory Flexibility Analysis will evaluate all industries in North proposed rules that will examine groups Required: Yes. American Industry Classification of NAICS sectors. SBA will apply its Agency Contact: Dr. Khem Raj System (NAICS) Sector 42 (Wholesale Size Standards Methodology to this Sharma, Chief, Office of Size Standards, Trade) and Sector 44–45 (Retail Trade) proposed rule. Small Business Administration, 409 and make necessary adjustments to their Timetable: Third Street SW, Washington, DC size standards. This is one of a series of 20416, Phone: 202 205–7189, Fax: 202 proposed rules that will examine groups Action Date FR Cite 205–6390, Email: khem.sharma@ of NAICS sectors. SBA will apply its NPRM ...... 11/27/20 85 FR 76390 sba.gov. revised Size Standards Methodology, which is available on its website at NPRM Comment 01/26/21 RIN: 3245–AG91 Period End. http://www.sba.gov/size, to this Final Rule ...... 10/00/21 346. Small Business Size Standards: proposed rule. I Manufacturing and Industries With Timetable: Employee Based Size Standards in Regulatory Flexibility Analysis Required: Yes. Other Sectors Except Wholesale Trade Action Date FR Cite and Retail Trade Agency Contact: Dr. Khem Raj NPRM ...... 05/00/21 Sharma, Chief, Office of Size Standards, E.O. 13771 Designation: Other. Small Business Administration, 409 Legal Authority: 15 U.S.C. 632(a) Third Street SW, Washington, DC Abstract: The Small Business Jobs Act Regulatory Flexibility Analysis 20416, Phone: 202 205–7189, Fax: 202 of 2010 (Jobs Act) requires SBA to Required: Yes. 205–6390, Email: khem.sharma@ conduct every five years a detailed Agency Contact: Dr. Khem Raj sba.gov. review of all size standards and to make Sharma, Chief, Office of Size Standards, RIN: 3245–AG88 appropriate adjustments to reflect Small Business Administration, 409 market conditions. As part of the second Third Street SW, Washington, DC 350. SBA Supervised Lenders 5-year review of size standards under 20416, Phone: 202 205–7189, Fax: 202 Application Process 205–6390, Email: khem.sharma@ the Jobs Act, in this proposed rule, SBA E.O. 13771 Designation: Other. will evaluate all industries in North sba.gov. RIN: 3245–AH10 Legal Authority: 15 U.S.C. 632(r) American Industry Classification Abstract: SBA Supervised Lenders System (NAICS) Sector 31–33 348. National Defense Authorization include Small Business Lending (Manufacturing) and industries with Act of 2020, Credit for Lower Tier Companies (SBLCs) and Non-Federally employee based size standards in other Subcontracting and Other Amendments Regulated Lenders (NFRLs). This rule sectors except Wholesale Trade and aims to enhance the process for Retail Trade and make necessary Regulatory Plan: This entry is Seq. No. 120 in part II of this issue of the organizations seeking to participate as adjustments to their size standards. This SBLCs or NFRLs in the 7(a) Loan is one of a series of proposed rules that Federal Register. RIN: 3245–AH28 Program and to clarify the factors SBA will examine groups of NAICS sectors. will consider in evaluating SBA SBA will apply its revised Size Supervised Lender applications. An Standards Methodology, which is SBLC is a non-depository lending available on its website at http:// SMALL BUSINESS ADMINISTRATION institution that is authorized by SBA to www.sba.gov/size, to this proposed rule. (SBA) make loans pursuant to section 7(a) of Timetable: Final Rule Stage the Small Business Act and to Action Date FR Cite Intermediaries in SBA’s Microloan 349. Small Business Size Standards: Program. An SBLC is regulated, Educational Services; Health Care and NPRM ...... 05/00/21 supervised, and examined solely by Social Assistance; Arts, Entertainment SBA. SBA imposed a moratorium on Regulatory Flexibility Analysis and Recreation; Accommodation and licensing new SBLCs in 1982. There are Required: Yes. Food Services; Other Services currently 14 SBLCs with full authority Agency Contact: Dr. Khem Raj E.O. 13771 Designation: Other. to make 7(a) loans up to the maximum Sharma, Chief, Office of Size Standards, Legal Authority: 15 U.S.C. 632(a) amount of $5 million and other SBLCs Small Business Administration, 409 Abstract: The Small Business Jobs Act with more limited authority to make Third Street SW, Washington, DC of 2010 (Jobs Act) requires SBA to 7(a) loans. SBLCs are subject to SBA VerDate Sep<11>2014 23:12 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP19.SGM 31MRP19 jbell on DSKJLSW7X2PROD with PROPOSALS19 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16975 regulations regarding their formation, Regulatory Flexibility Analysis Small Business Act, which tasked SBA capitalization, and enforcement actions. Required: Yes. with ensuring that small businesses To operate as an SBLC with full Agency Contact: Dr. Khem Raj receive a fair proportion of the total authority, an organization must acquire Sharma, Chief, Office of Size Standards, sales of government property. the existing SBLC lending authority Small Business Administration, 409 Accordingly, the Program requires held by an SBLC. Non-Federally Third Street SW, Washington, DC Timber sales to be set aside for small Regulated Lenders (NFRLs) are also 20416, Phone: 202 205–7189, Fax: 202 business when small business authorized by the SBA to make loans 205–6390, Email: khem.sharma@ participation falls below a certain under section 7(a). Unlike SBLCs, sba.gov. amount. SBA considered comments NFRLs are subject to regulation by a RIN: 3245–AH17 received during the Advance Notice of state; however, SBA is the sole federal Proposed Rulemaking and Notice of regulator for these entities. This rule Proposed Rulemaking processes, will also cover the application process SMALL BUSINESS ADMINISTRATION including on issues such as, but not for these NFRLs. (SBA) limited to, whether the saw timber Timetable: volume purchased through stewardship Long-Term Actions timber contracts should be included in Action Date FR Cite 352. Small Business Development calculations, and whether the appraisal Center Program Revisions point used in set-aside sales should be NPRM ...... 01/13/20 85 FR 1783 the nearest small business mill. In NPRM Comment 03/13/20 E.O. 13771 Designation: Deregulatory. addition, SBA is considering data from Period End. Legal Authority: 15 U.S.C. 634(b)(6); Final Rule ...... 05/00/21 the timber industry to help evaluate the 15 U.S.C. 648 current program and economic impact Abstract: This rule proposes to update Regulatory Flexibility Analysis of potential changes. the Small Business Development Center Timetable: Required: Yes. (SBDC) program regulations by Agency Contact: Susan Streich, proposing to amend: (1) Procedures for Action Date FR Cite Director of Credit Risk Management, approving applications when a new Small Business Administration, 409 Lead SBDC center is selected; (2) ANPRM ...... 03/25/15 80 FR 15697 Third Street SW, Washington, DC procedures and requirements regarding ANPRM Comment 05/26/15 20416, Phone: 202 205–6641, Email: findings and disputes resulting from Period End. [email protected]. financial exams, programmatic reviews, NPRM ...... 09/27/16 81 FR 66199 NPRM Comment 11/28/16 RIN: 3245–AH04 accreditation reviews, and other SBA Period End. oversight activities; (3) requirements for 351. Small Business Size Standards: Final Rule ...... 11/00/21 new or renewal applications for SBDC Adjustment of Monetary Based Size grants, including electronic submission Standards for Inflation Regulatory Flexibility Analysis through the approved electronic Required: Yes. E.O. 13771 Designation: Deregulatory. Government submission facility; (4) Agency Contact: David W. Loines, Legal Authority: 15 U.S.C. 632(a) procedures regarding the determination Phone: 202 431–0472, Email: Abstract: In this final rule, the U.S. to affect suspension, termination or non- [email protected]. Small Business Administration (SBA or renewal of an SBDC’s cooperative RIN: 3245–AG69 Agency) adjusts all monetary based agreement; and (5) provisions regarding 354. Small Business Size Standards: industry size standards (i.e., receipts, the collection and use of the individual Calculation of Average Annual Receipts assets, net worth, and net income) for SBDC client data. in Business Loan, Disaster Loan, and inflation since the last adjustment in Timetable: Small Business Investment Company 2014. In accordance with its regulations Programs in 13 CFR 121.102(c), SBA is required Action Date FR Cite to review the effects of inflation on its E.O. 13771 Designation: Other. ANPRM ...... 04/02/15 80 FR 17708 Legal Authority: 15 U.S.C. 632(a)(2); monetary standards at least once every ANPRM Comment 06/01/15 five years and adjust them, if necessary. Pub. L. 115–324 Period End. Abstract: The Small Business Runway In addition, the Small Business Jobs Act NPRM ...... 11/00/21 of 2010 (Jobs Act) also requires SBA to I I Extension Act, Public Law 115–324, amended the Small Business Act to conduct every five years a detailed Regulatory Flexibility Analysis provide for calculation of average review of all size standards and to make Required: Yes. appropriate adjustments to reflect Agency Contact: Rachel Newman– annual receipts using a 5-year average, market conditions. This action will Karton, Phone: 202 619–1816, Email: rather than the prior 3-year average, in restore the small business eligibility of [email protected]. defined circumstances. For firms subject businesses that have lost that status due RIN: 3245–AE05 to SBA’s receipt-based size standards to inflation. (generally, service-industry, 353. Small Business Timber Set-Aside Timetable: construction, and agricultural firms), a Program lengthened averaging period permits Action Date FR Cite E.O. 13771 Designation: Regulatory. firms with increasing revenues to stay Legal Authority: 15 U.S.C. 631; 15 eligible for small business benefits for Interim Final Rule 07/18/19 84 FR 34261 U.S.C. 644(a) longer. In RIN 3245–AH16, SBA Interim Final Rule 08/19/19 Abstract: The U.S. Small Business implemented the Small Business Effective. Administration (SBA or Agency) is Runway Extension Act in programs Interim Final Rule 09/16/19 amending its Small Business Timber other than SBA’s loan programs— Comment Pe- Set-Aside Program (the Program) including SBA’s procurement riod End. Final Action ...... 05/00/21 regulations. The Small Business Timber programs—and SBA issued its final rule Set-Aside Program is rooted in the in that first rulemaking on December 5, VerDate Sep<11>2014 23:12 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP19.SGM 31MRP19 jbell on DSKJLSW7X2PROD with PROPOSALS19 16976 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 2019 (84 FR 66561). This second Action Date FR Cite Liaison, Small Business Administration, rulemaking would consider how to 409 Third Street SW, Washington, DC address the Small Business Runway Comment Period 07/27/20 20416, Phone: 202 205–7337, Email: Extension Act in SBA’s business loan, End. [email protected]. End Review ...... 10/01/20 disaster loan, and SBIC programs. I I RIN: 3245–AH20 Timetable: Regulatory Flexibility Analysis 357. Hubzone Program (Completion of a Action Date FR Cite Required: No. Section 610 Review) Agency Contact: Brenda J. Fernandez, NPRM ...... 11/00/21 Analyst, Office of Policy, Planning and E.O. 13771 Designation: Not subject Liaison, Small Business Administration, to, not significant Regulatory Flexibility Analysis 409 Third Street SW, Washington, DC Legal Authority: Regulatory Required: Yes. 20416, Phone: 202 205–7337, Email: Flexibility Act, 5 U.S.C. 610; 15 U.S.C. Agency Contact: Khem Raj Sharma, [email protected]. 632; 15 U.S.C. 657a Phone: 202 205–7189, Fax: 202 205– RIN: 3245–AH19 Abstract: Under part 126, HUBZone 6390, Email: [email protected]. 356. Government Contracting Programs Program, SBA has promulgated several RIN: 3245–AH26 (Completion of a Section 610 Review) rules that the Agency certified would have a significant economic impact on E.O. 13771 Designation: Not subject a substantial number of small entities to, not significant. SMALL BUSINESS ADMINISTRATION Legal Authority: Regulatory within the meaning of the Regulatory (SBA) Flexibility Act, 5 U.S.C. 610; 15 U.S.C. Flexibility Act. These rules established eligibility requirements for qualified Completed Actions 634; 15 U.S.C. 637; 15 U.S.C. 644 Abstract: Under part 125, Government HUBZone small business concerns, 355. 8(A) Business Development Contracting Programs, SBA has procedures for certification program (Completion of a Section 610 Review) promulgated several rules that the examinations and protests, and Agency certified would have a provisions relating to HUBZone E.O. 13771 Designation: Not subject contracts, among other things. SBA to, not significant. significant economic impact on a substantial number of small entities reviewed these rules under section 610 Legal Authority: 15 U.S.C. 637 of the Regulatory Flexibility Act to Abstract: Under part 124, 8(a) within the meaning of the Regulatory Flexibility Act. These rules established determine if the rules should be Business Development/Small amended or rescinded to minimize Disadvantaged Business Status requirements for participation in SBA’s government contracting programs, adverse economic impacts on small Determinations, SBA has promulgated entities. In the course of the review, several rules that the Agency certified contracting provisions, and protest procedures, among other things. SBA SBA considered the following factors: would have a significant economic (1) The continued need for the rule; (2) impact on a substantial number of small reviewed these rules under section 610 of the Regulatory Flexibility Act to the comments received concerning the entities within the meaning of the rule; (3) the complexity of the rule; (4) Regulatory Flexibility Act. These rules determine if the rules should be continued without change, or should be the extent to which the rule overlaps, established eligibility requirements for duplicates, or conflicts with Federal, participation in the 8(a) programs and amended or rescinded, to minimize adverse economic impacts on small State, or local government rules; and (5) application, certification, and protest the degree to which technology, procedures, among other things. SBA entities. In the course of the review, SBA considered the following factors: economic conditions, or other factors reviewed these rules under section 610 have changed in the area affected by the of the Regulatory Flexibility Act to (1) The continued need for the rule; (2) the comments received concerning the rule. SBA solicited comments and determine if the rules should be conducted an analysis of these factors. continued without change, or should be rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, After consideration of this information, amended or rescinded, to minimize SBA has determined that the rules adverse economic impacts on small duplicates, or conflicts with Federal, State, or local government rules; and (5) should be continued without change. entities. In the course of the review, Timetable: SBA considered the following factors: the degree to which technology, economic conditions, or other factors (1) The continued need for the rule; (2) Action Date FR Cite the comments received concerning the have changed in the area affected by the rule. SBA solicited comments and rule; (3) the complexity of the rule; (4) Begin Review ...... 04/28/20 85 FR 23487 the extent to which the rule overlaps, conducted an analysis of these factors. Comment Period 07/27/20 duplicates, or conflicts with Federal, After consideration of this information, End. State, or local government rules; and (5) SBA has determined that the rules End Review ...... 10/01/20 the degree to which technology, should be continued without change. Timetable: economic conditions, or other factors Regulatory Flexibility Analysis have changed in the area affected by the Action Date FR Cite Required: No. rule. SBA solicited comments and Agency Contact: Brenda J. Fernandez, conducted an analysis of these factors. Begin Review ...... 04/28/20 85 FR 23487 Analyst, Office of Policy, Planning and After consideration of this information, Comment Period 07/27/20 Liaison, Small Business Administration, SBA has determined that the rules End. 409 Third Street SW, Washington, DC should be continued without change. End Review ...... I 10/01/20 I 20416, Phone: 202 205–7337, Email: Timetable: [email protected]. Regulatory Flexibility Analysis RIN: 3245–AH21 Action Date FR Cite Required: No. Agency Contact: Brenda J. Fernandez, [FR Doc. 2021–04708 Filed 3–30–21; 8:45 am] Begin Review ...... 04/28/20 85 FR 23487 Analyst, Office of Policy, Planning and BILLING CODE 8026–03–P VerDate Sep<11>2014 23:12 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP19.SGM 31MRP19 jbell on DSKJLSW7X2PROD with PROPOSALS19 FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part XX Department of Defense General Services Administration National Aeronautics and Space Administration Semiannual Regulatory Agenda VerDate Sep<11>2014 23:20 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP20.SGM 31MRP20 jbell on DSKJLSW7X2PROD with PROPOSALS20 16978 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda DEPARTMENT OF DEFENSE compliance with Executive Order 12866 FOR FURTHER INFORMATION CONTACT: Lois ‘‘Regulatory Planning and Review.’’ Mandell, Division Director, Regulatory GENERAL SERVICES This agenda is being published to allow Secretariat Division, 1800 F Street NW, ADMINISTRATION interested persons an opportunity to 2nd Floor, Washington, DC 20405–0001, participate in the rulemaking process. 202–501–4755. NATIONAL AERONAUTICS AND The Regulatory Secretariat Division has SUPPLEMENTARY INFORMATION: DoD, GSA, SPACE ADMINISTRATION attempted to list all regulations pending and NASA, under their several statutory at the time of publication, except for authorities, jointly issue and maintain 48 CFR Chapter 1 minor and routine or repetitive actions; the FAR through periodic issuance of however, unanticipated requirements changes published in the Federal Semiannual Regulatory Agenda may result in the issuance of regulations Register and produced electronically as that are not included in this agenda. AGENCY: Department of Defense (DoD), Federal Acquisition Circulars (FACs). General Services Administration (GSA), There is no legal significance to the The electronic version of the FAR, and National Aeronautics and Space omission of an item from this listing. including changes, can be accessed on Administration (NASA). Also, the dates shown for the steps of the FAR website at http:// ACTION: Semiannual regulatory agenda. each action are estimated and are not commitments to act on or by the dates www.acquisition.gov/far. SUMMARY: This agenda provides shown. Dated: September 4, 2020. summary descriptions of regulations Published proposed rules may be William F. Clark, being developed by the Civilian Agency reviewed in their entirety at the Director, Office of Government-wide Acquisition Council and the Defense Government’s rulemaking website at Acquisition Policy, Office of Acquisition Acquisition Regulations Council in http://www.regulations.gov. Policy, Office of Government-wide Policy. DOD/GSA/NASA (FAR)—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 358 ...... FAR Acquisition Regulation (FAR); FAR Case 2015–038, Reverse Auction Guidance ...... 9000–AN31 359 ...... Federal Acquisition Regulation (FAR); FAR Case 2017–014, Use of Acquisition 360 to Encourage Vendor 9000–AN43 Feedback. 360 ...... Federal Acquisition Regulation (FAR); FAR Case 2017–013, Breaches of Personally Identifiable Informa- 9000–AN44 tion. 361 ...... Federal Acquisition Regulation (FAR); FAR Case 2017–016, Controlled Unclassified Information (CUI) ..... 9000–AN56 362 ...... Federal Acquisition Regulation (FAR); FAR Case 2018–002, Protecting Life in Global Health Assistance .. 9000–AN62 363 ...... Federal Acquisition Regulation (FAR); FAR Case 2018–006; Definition of Subcontract ...... 9000–AN66 364 ...... Federal Acquisition Regulation (FAR); FAR Case 2018–012, Rights to Federally Funded Inventions and 9000–AN71 Licensing of Government-Owned Inventions. 365 ...... Federal Acquisition Regulation (FAR); FAR Case 2018–013, Exemption of Commercial and COTS Item 9000–AN72 Contracts From Certain Laws and Regulations. 366 ...... Federal Acquisition Regulation (FAR); FAR Case 2018–014, Increasing Task-Order Level Competition ..... 9000–AN73 367 ...... Federal Acquisition Regulation (FAR); FAR Case 2019–007, Update of Historically Underutilized Business 9000–AN90 Zone Program. 368 ...... Federal Acquisition Regulation (FAR); FAR Case 2019–008, Small Business Program Amendments ...... 9000–AN91 369 ...... Federal Acquisition Regulation (FAR); FAR Case 2019–010, Efficient Federal Operations ...... 9000–AN94 370 ...... Federal Acquisition Regulation (FAR); FAR Case 2019–015, Improving Consistency Between Procure- 9000–AN98 ment & Non-Procurement Procedures on Suspension and Debarment. 371 ...... Federal Acquisition Regulation (FAR); FAR Case 2019–016, Maximizing Use of American-Made Goods, 9000–AN99 Products and Materials. 372 ...... Federal Acquisition Regulation (FAR); FAR Case 2020–004, Application of the MPT to Certain Task and 9000–AO04 Delivery Orders. 373 ...... Federal Acquisition Regulation (FAR); FAR Case 2020–005, Explanations to Unsuccessful Offerors on 9000–AO08 Certain Orders Under Task and Delivery Order Contracts. 374 ...... Federal Acquisition Regulation (FAR); FAR Case 2020–007, Accelerated Payments Applicable to Con- 9000–AO10 tracts With Certain Small Business Concerns. 375 ...... Federal Acquisition Regulation (FAR); FAR Case 2020–008, Prohibition on Criminal History Inquiries by 9000–AO11 Contractors Prior to Conditional Offer. 376 ...... Federal Acquisition Regulation (FAR); FAR Case 2020–010, Small Business Innovation Research and 9000–AO12 Technology Transfer Programs. 377 ...... Federal Acquisition Regulation (FAR); FAR Case 2020–013, Certification of Women-Owned Small Busi- 9000–AO17 nesses. DOD/GSA/NASA (FAR)—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 378 ...... Federal Acquisition Regulation: FAR Case 2016–005; Effective Communication Between Government and 9000–AN29 Industry. 379 ...... Federal Acquisition Regulation (FAR); FAR Case 2017–005, Whistleblower Protection for Contractor Em- 9000–AN32 ployees. 380 ...... Federal Acquisition Regulation; FAR Case 2016–002, Applicability of Small Business Regulations Outside 9000–AN34 the United States. VerDate Sep<11>2014 23:20 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP20.SGM 31MRP20 jbell on DSKJLSW7X2PROD with PROPOSALS20 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16979 DOD/GSA/NASA (FAR)—FINAL RULE STAGE—Continued Regulation Sequence No. Title Identifier No. 381 ...... Federal Acquisition Regulation (FAR); FAR Case 2016–011, Revision of Limitations on Subcontracting .... 9000–AN35 382 ...... Federal Acquisition Regulation (FAR); FAR Case 2017–003; Individual Sureties ...... 9000–AN39 383 ...... Federal Acquisition Regulation (FAR); FAR Case 2017–011, Section 508-Based Standards in Information 9000–AN46 and Communication Technology. 384 ...... Federal Acquisition Regulation (FAR); FAR Case 2017–018, Violation of Arms Control Treaties or Agree- 9000–AN57 ments With the United States. 385 ...... Federal Regulation Acquisition (FAR); FAR Case 2017–019, Policy on Joint Ventures ...... 9000–AN59 386 ...... Federal Acquisition Regulation (FAR); FAR Case 2018–016, Lowest Price Technically Acceptable Source 9000–AN75 Selection Process. 387 ...... Federal Acquisition Regulation (FAR); FAR Case 2018–020, Construction Contract Administration ...... 9000–AN78 388 ...... Federal Acquisition Regulation (FAR); FAR Case 2018–021, Reserve Officer Training Corps and Military 9000–AN79 Recruiting on Campus. 389 ...... Federal Acquisition Regulation (FAR); FAR Case 2018–023, Taxes-Foreign Contracts in Afghanistan ...... 9000–AN81 390 ...... Federal Acquisition Regulation (FAR); FAR Case 2018–017, Prohibition on Certain Telecommunications 9000–AN83 and Video Surveillance Services or Equipment. 391 ...... Federal Acquisition Regulation (FAR); FAR Case 2019–001, Analysis for Equipment Acquisitions ...... 9000–AN84 392 ...... Federal Acquisition Regulation (FAR); FAR Case 2019–002, Recreational Services on Federal Lands ...... 9000–AN85 393 ...... Federal Acquisition Regulation (FAR); FAR Case 2019–003, Substantial Bundling and Consolidation ...... 9000–AN86 394 ...... Federal Acquisition Regulation (FAR); FAR Case 2019–004, Good Faith in Small Business Subcon- 9000–AN87 tracting. 395 ...... Federal Acquisition Regulation (FAR); FAR Case 2019–009, Prohibition on Contracting With Entities 9000–AN92 Using Certain Telecommunications and Video Surveillance Services or Equipment. 396 ...... Federal Acquisition Regulation (FAR); FAR Case 2020–006, Documentation of Market Research ...... 9000–AO09 397 ...... Federal Acquisition Regulation (FAR); FAR Case 2020–011, Implementation of Issued Exclusion and Re- 9000–AO13 moval Orders. 398 ...... Federal Acquisition Regulation (FAR); FAR Case 2020–012, Scope of Review by Procurement Center 9000–AO16 Representatives. DOD/GSA/NASA (FAR)—COMPLETED ACTIONS Regulation Sequence No. Title Identifier No. 399 ...... Federal Acquisition Regulation (FAR); FAR Case 2014–002; Set-Asides Under Multiple Award Contracts 9000–AM93 400 ...... Federal Acquisition Regulation (FAR); FAR Case 2016–013, Tax on Certain Foreign Procurement ...... 9000–AN38 401 ...... Federal Acquisition Regulations (FAR); FAR Case 2015–002, Requirements for DD Form 254, Contract 9000–AN40 Security Classification Specification. 402 ...... Federal Acquisition Regulation (FAR); FAR Case 2017–010, Evaluation Factors for Multiple-Award Con- 9000–AN54 tracts. 403 ...... Federal Acquisition Regulation (FAR); FAR Case 2018–004; Increased Micro-Purchase and Simplified Ac- 9000–AN65 quisition Thresholds. 404 ...... Federal Acquisition Regulation (FAR); FAR Case 2018–005, Modifications to Cost or Pricing Data and 9000–AN69 Reporting Requirements. 405 ...... Federal Acquisition Regulation (FAR); FAR Case 2018–022; Orders Issued Via Fax or Electronic Com- 9000–AN80 merce. 406 ...... Federal Acquisition Regulation (FAR); FAR Case 2019–013, Inflation Adjustment of Acquisition-Related 9000–AN96 Thresholds. DEPARTMENT OF DEFENSE/ effective use of reverse auctions. sellers compete against one another to GENERAL SERVICES Reverse auctions involve offerors provide the lowest price or highest- ADMINISTRATION/NATIONAL lowering their pricing over multiple value offer to a buyer. This change to AERONAUTICS AND SPACE rounds of bidding in order to win the FAR will include guidance that will ADMINISTRATION (FAR) Federal contracts. This change standardize agencies’ use of reverse auctions to help agencies maximize Proposed Rule Stage incorporates guidance from the Office of Federal Procurement Policy (OFPP) competition and savings when using 358. Far Acquisition Regulation (FAR); memorandum, ‘‘Effective Use of Reverse reverse auctions. FAR Case 2015–038, Reverse Auction Auctions,’’ which was issued in Timetable: Guidance response to recommendations from the E.O. 13771 Designation: Not subject GAO report, Reverse Auctions: Action Date FR Cite to, not significant. Guidance is Needed to Maximize Legal Authority: 40 U.S.C. 121(c); 10 Competition and Achieve Cost Savings NPRM ...... 12/07/20 85 FR 78815 U.S.C. ch. 137; 51 U.S.C. 20113 (GAO–14–108). Reverse auctions are NPRM Comment 06/00/21 Abstract: DoD, GSA, and NASA are one tool used by Federal agencies to Period End. I proposing to amend the Federal increase competition and reduce the Acquisition Regulation (FAR) to cost of certain items. Reverse auctions Regulatory Flexibility Analysis implement policies addressing the differ from traditional auctions in that Required: Yes. VerDate Sep<11>2014 23:20 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP20.SGM 31MRP20 jbell on DSKJLSW7X2PROD with PROPOSALS20 16980 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Agency Contact: Curtis E. Glover Sr., Acquisition Regulation (FAR) to create DC 20405, Phone: 202 550–0935, Email: Procurement Analyst, DOD/GSA/NASA and implement appropriate contract [email protected]. (FAR), 1800 F Street NW, Washington, clauses and regulatory coverage to RIN: 9000–AN56 DC 20405, Phone: 202 501–1448, Email: address contractor requirements for a 362. Federal Acquisition Regulation [email protected]. breach response consistent with the (FAR); FAR CASE 2018–002, Protecting RIN: 9000–AN31 requirements. This FAR change will Life in Global Health Assistance 359. Federal Acquisition Regulation implement the requirements outlined in E.O. 13771 Designation: Regulatory. (FAR); FAR Case 2017–014, Use of the Office of Management and Budget Legal Authority: 40 U.S.C. 121(c); 10 Acquisition 360 To Encourage Vendor (OMB) Memorandum, M–17–12, U.S.C. 137; 51 U.S.C. 20113 Feedback ‘‘Preparing for and Responding to a Breach of Personally Identifiable Abstract: DoD, GSA, and NASA are E.O. 13771 Designation: Not subject Information,’’ section V part B. proposing to amend the Federal to, not significant. Timetable: Acquisition Regulation (FAR) to Legal Authority: 40 U.S.C. 121(c); 10 implement Presidential Memorandum, U.S.C. ch. 137; 51 U.S.C. 20113 Action Date FR Cite ‘‘The Mexico City Policy,’’ issued on Abstract: DoD, GSA, and NASA are January 13, 2017, in accordance with proposing to amend the Federal NPRM ...... 01/00/21 the Department of State’s Acquisition Regulation (FAR) to address NPRM Comment 03/00/21 Period End. implementation plan dated May 9, 2017. the solicitation of contractor feedback I I This rule would extend requirements of on both contract formation and contract Regulatory Flexibility Analysis the memorandum and plans to new administration activities. Agencies funding agreements for global health would consider this feedback, as Required: Yes. Agency Contact: Camara Francis, assistance furnished by all Federal appropriate, to improve the efficiency Procurement Analyst, DOD/GSA/NASA departments or agencies. This expanded and effectiveness of their acquisition (FAR), 1800 F Street NW, Washington, policy will cover global health activities. The rule would create FAR DC 20405, Phone: 202 550–0935, Email: assistance to include funding for policy to encourage regular feedback in [email protected]. international health programs, such as accordance with agency practice (both RIN: 9000–AN44 those for HIV/AIDS, maternal and child for contract formation and health, malaria, global health security, administration activities) and a standard 361. Federal Acquisition Regulation and certain family planning and FAR solicitation provision to support a (FAR); FAR CASE 2017–016, Controlled reproductive health. sustainable model for broadened use of Unclassified Information (CUI) Timetable: the Acquisition 360 survey to elicit E.O. 13771 Designation: Regulatory. feedback on the pre-award and Legal Authority: 40 U.S.C. 121(c); 10 Action Date FR Cite debriefing processes in a consistent and U.S.C. ch. 137; 51 U.S.C. 20113 standardized manner. Agencies would Abstract: DoD, GSA, and NASA are NPRM ...... 09/14/20 85 FR 56549 be able to use the solicitation provision proposing to amend the Federal NPRM Comment 11/13/20 to notify interested sources that a Period End. Acquisition Regulation (FAR) to Final Rule ...... 05/00/21 procurement is part of the Acquisition implement the National Archives and I 360 survey and encourage stakeholders Records Administration (NARA) to voluntarily provide feedback on their Regulatory Flexibility Analysis Controlled Unclassified Information Required: Yes. experiences of the pre-award process. (CUI) program of Executive Order 13556 Timetable: Agency Contact: FAR Policy, DOD/ of November 4, 2010. As the executive GSA/NASA (FAR), 1800 F Street NW, agent designated to oversee the Action Date FR Cite Washington, DC 20405, Phone: 202 969– Governmentwide CUI program, NARA 4075, Email: [email protected]. ANPRM ...... 07/23/18 83 FR 34820 issued implementing regulations in late RIN: 9000–AN62 ANPRM Comment 09/21/18 2016 designed to address Federal Period End. agency policies for designating, 363. Federal Acquisition Regulation NPRM ...... 09/15/20 85 FR 57177 safeguarding, disseminating, marking, (FAR); FAR CASE 2018–006; Definition NPRM Comment 11/16/20 decontrolling, and disposing of CUI. of Subcontract Period End. The NARA rule, which is codified at 32 Final Rule ...... 04/00/21 E.O. 13771 Designation: Other. CFR 2002, affects contractors that Legal Authority: 40 U.S.C. 121(c); 10 handle, possess, use, share, or receive U.S.C. ch. 137; 51 U.S.C. 20113 Regulatory Flexibility Analysis CUI. This FAR rule helps to ensure Required: Yes. Abstract: DoD, GSA, and NASA are uniform implementation of the proposing to amend the Federal Agency Contact: Curtis E. Glover Sr., requirements of the CUI program in Procurement Analyst, DOD/GSA/NASA Acquisition Regulation (FAR) to contracts across Government agencies. implement section 820 of the National (FAR), 1800 F Street NW, Washington, Timetable: DC 20405, Phone: 202 501–1448, Email: Defense Authorization Act (NDAA) for FY 2018. Section 820 amends 41 U.S.C. [email protected]. Action Date FR Cite RIN: 9000–AN43 1906(c)(1) to change the definition of NPRM ...... 03/00/21 ‘‘subcontract’’ for the procurement of 360. Federal Acquisition Regulation NPRM Comment 05/00/21 commercial items to exclude agreements (FAR); FAR CASE 2017–013, Breaches Period End. entered into by a contractor for the of Personally Identifiable Information I I supply of commodities that are intended E.O. 13771 Designation: Regulatory. Regulatory Flexibility Analysis for use in the performance of multiple Legal Authority: 40 U.S.C. 121(c); 10 Required: Yes. contracts with the Federal Government U.S.C. ch. 137; 51 U.S.C. 20113 Agency Contact: Camara Francis, and other parties and are not Abstract: DoD, GSA, and NASA are Procurement Analyst, DOD/GSA/NASA identifiable to any particular contract. proposing to amend the Federal (FAR), 1800 F Street NW, Washington, Timetable: VerDate Sep<11>2014 23:20 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP20.SGM 31MRP20 jbell on DSKJLSW7X2PROD with PROPOSALS20 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16981 Action Date FR Cite McCain National Defense Authorization Abstract: DoD, GSA, and NASA are Act for fiscal year 2019. Paragraph (a) proposing to amend the Federal NPRM ...... 03/00/21 requires the FAR Council to review each Acquisition Regulation (FAR) to NPRM Comment 05/00/21 past determination made not to exempt implement section 876 of the John S. Period End. I I contracts and subcontracts for McCain National Defense Authorization commercial products, commercial Act for fiscal year 2019, which would Regulatory Flexibility Analysis services, and commercially available provide civilian agencies with an Required: Yes. off-the-shelf (COTS) items from certain exception to the existing statutory Agency Contact: Michael O. Jackson, laws when these contracts would requirement to include price to the Procurement Analyst, DOD/GSA/NASA otherwise have been exempt under 41 Federal Government as an evaluation (FAR), 1800 F Street NW, Washington, U.S.C. 1906(d) or 41 U.S.C. 1907(b). The factor that must be considered in the DC 20405, Phone: 202 208–4949, Email: FAR Council or the Administrator for evaluation of proposals for all contracts. [email protected]. Federal Procurement Policy has to The exception would only apply to IDIQ RIN: 9000–AN66 determine whether there still exists contracts and to Federal Supply 364. Federal Acquisition Regulation specific reason not to provide Schedule contracts for services that are (FAR); FAR Case 2018–012, Rights to exemptions from certain laws. If no priced at an hourly rate. Furthermore, Federally Funded Inventions and determination is made to continue to the exception would only apply in those Licensing of Government-Owned exempt commercial contracts and instances where the Government Inventions subcontracts from certain laws, intends to make a contract award to all qualifying offerors, thus affording E.O. 13771 Designation: Regulatory. paragraph (a) requires that revisions to maximum opportunity for effective Legal Authority: 40 U.S.C. 121(c); 10 the FAR be proposed to reflect competition at the task order level. An U.S.C. ch. 137; 51 U.S.C. 20113 exemptions from those laws. Abstract: DoD, GSA, and NASA are Paragraph (b) requires the FAR offeror would be qualified only if it is proposing to amend the FAR to Council to review the FAR to assess a responsible source and submits a proposal that conforms to the implement the changes to 37 CFR parts every regulation that requires a specific requirements of the solicitation, meets 401 and 404, ‘‘Rights to Federally clause in contracts for commercial any technical requirements, and is Funded Inventions and Licensing of products or commercial services, unless the regulation is required by law or otherwise eligible for award. Government-Owned Inventions,’’ dated Timetable: May 14, 2018. The changes reduce Executive Order. Paragraph (b) also requires that revisions to the FAR be regulatory burdens on the public, but Action Date FR Cite increase burdens on the Government, proposed to eliminate those regulations provide greater clarity to large unless the FAR Council makes a NPRM ...... 05/00/21 businesses by codifying the determination not to eliminate a NPRM Comment 07/00/21 applicability of Bayh-Dole as directed in regulation. Period End. I Executive Order 12591, and provide Paragraph (c) requires the FAR greater clarity to all Federal funding Council to review the FAR to assess Regulatory Flexibility Analysis recipients by updating regulatory every regulation that requires a prime Required: Yes. provisions to align with provisions of contractor to include a specific clause in Agency Contact: Curtis E. Glover Sr., the Leahy-Smith America Invents Act in subcontracts for commercially available Procurement Analyst, DOD/GSA/NASA terms of definitions and timeframes. off-the-shelf items, unless the clause is (FAR), 1800 F Street NW, Washington, Timetable: required by law or Executive Order. DC 20405, Phone: 202 501–1448, Email: Paragraph (c) also requires that revisions [email protected]. Action Date FR Cite to the FAR be proposed to eliminate RIN: 9000–AN73 those regulations unless the FAR 367. Federal Acquisition Regulation NPRM ...... 03/00/21 Council makes a determination not to (FAR); FAR Case 2019–007, Update of NPRM Comment 04/00/21 eliminate a regulation. Period End. Historically Underutilized Business I I Timetable: Zone Program Regulatory Flexibility Analysis Action Date FR Cite E.O. 13771 Designation: Other. Required: Yes. Legal Authority: 40 U.S.C. 121(c); 10 Agency Contact: Michael O. Jackson, NPRM ...... 04/00/21 U.S.C. ch. 137; 51 U.S.C. 20113 Procurement Analyst, DOD/GSA/NASA NPRM Comment 06/00/21 Abstract: DoD, GSA, and NASA are (FAR), 1800 F Street NW, Washington, Period End. proposing to amend the Federal DC 20405, Phone: 202 208–4949, Email: I I Acquisition Regulation (FAR) to [email protected]. Regulatory Flexibility Analysis implement regulatory changes issued in RIN: 9000–AN71 Required: Yes. a final rule on November 26, 2019 by Agency Contact: Mahruba Uddowla, the Small Business Administration 365. Federal Acquisition Regulation Procurement Analyst, DOD/GSA/NASA regarding the Historically Underutilized (FAR); FAR Case 2018–013, Exemption (FAR), 1800 F Street NW, Washington, Business Zone (HUBZone) Program. The of Commercial and COTS Item DC 20405, Phone: 703 605–2868, Email: regulatory changes are intended to Contracts From Certain Laws and [email protected]. reduce the regulatory burden associated Regulations RIN: 9000–AN72 with the HUBZone Program. E.O. 13771 Designation: Deregulatory. Timetable: Legal Authority: 40 U.S.C. 121(c); 10 366. Federal Acquisition Regulation U.S.C. ch.137; 51 U.S.C. 20113 (FAR); FAR Case 2018–014, Increasing Action Date FR Cite Abstract: DoD, GSA, and NASA are Task-Order Level Competition proposing to amend the Federal E.O. 13771 Designation: Deregulatory. NPRM ...... 03/00/21 NPRM Comment 05/00/21 Acquisition Regulation (FAR) to Legal Authority: 40 U.S.C. 121(c); 10 Period End. implement section 839 of the John S. U.S.C. ch. 137; 51 U.S.C. 20113 I VerDate Sep<11>2014 23:20 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP20.SGM 31MRP20 jbell on DSKJLSW7X2PROD with PROPOSALS20 16982 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Regulatory Flexibility Analysis prevention, within the Federal Abstract: DoD, GSA, and NASA are Required: Yes. Government. proposing to amend the Federal Agency Contact: Malissa Jones, Timetable: Acquisition Regulation (FAR) to Procurement Analyst, DOD/GSA/NASA implement Executive Order (E.O.) (FAR), 1800 F Street NW, Washington, Action Date FR Cite 13881, Maximizing Use of American- DC 20405, Phone: 703 605–2815, Email: Made Goods, Products, and Materials, NPRM ...... 01/00/21 [email protected]. NPRM Comment 03/00/21 which would provide that materials RIN: 9000–AN90 Period End. shall be considered to be of foreign I I origin if: (A) for iron and steel end 368. Federal Acquisition Regulation Regulatory Flexibility Analysis products, the cost of foreign iron and (FAR); FAR Case 2019–008, Small steel used in such iron and steel end Business Program Amendments Required: Yes. Agency Contact: Kevin Funk, products constitutes 5 percent or more E.O. 13771 Designation: Other. Procurement Analyst, DOD/GSA/NASA of the cost of all the products used in Legal Authority: 40 U.S.C. 121(c); 10 (FAR), 1800 F Street NW, Washington, such iron and steel end products; or (B) U.S.C. ch. 137; 51 U.S.C. 20113 DC 20405, Phone: 202 357–5805, Email: for all other end products, the cost of Abstract: DoD, GSA, and NASA are [email protected]. the foreign products used in such end proposing to amend the Federal RIN: 9000–AN94 products constitutes 45 percent or more Acquisition Regulation (FAR) to of the cost of all the components. In 370. Federal Acquisition Regulation implement regulatory changes proposed addition, the E.O. provides that in (FAR); FAR Case 2019–015, Improving by the Small Business Administration determining price reasonableness or Consistency Between Procurement & regarding small business programs. The public interest, the evaluation factors of Non-Procurement Procedures on proposed regulatory changes include the 20 percent (for other than small Suspension and Debarment timing of the determination of size businesses), or 30 percent (for small status for multiple-award contracts for E.O. 13771 Designation: Other. businesses) shall be applied to offers of which price is not evaluated at the Legal Authority: 40 U.S.C. 121(c); 10 materials of foreign origin. contract level; the grounds for size- U.S.C. ch. 137; 51 U.S.C. 20113 Timetable: status protests; and the grounds for Abstract: DoD, GSA, and NASA are socioeconomic status protests. proposing to amend the Federal Action Date FR Cite Timetable: Acquisition Regulation (FAR) to bring the FAR and the Non-procurement NPRM ...... 09/14/20 85 FR 56558 NPRM Comment 11/13/20 Action Date FR Cite Common Rule (NCR) procedures on suspension and debarment into closer Period End. Final Rule ...... 01/00/21 NPRM ...... 03/00/21 alignment. The FAR covers procurement I NPRM Comment 05/00/21 matters and the NCR covers other Period End. Regulatory Flexibility Analysis I I transactions, such as grants, cooperative Required: Yes. agreements, contracts of assistance, Regulatory Flexibility Analysis Agency Contact: Zenaida Delgado, loans and loan guarantees. Procurement Analyst, DOD/GSA/NASA Required: Yes. The Government uses suspension and Agency Contact: Malissa Jones, (FAR), 1800 F Street NW, Washington, debarment procedures to exercise DC 20405, Phone: 202 969–7207, Email: Procurement Analyst, DOD/GSA/NASA business judgment. These procedures (FAR), 1800 F Street NW, Washington, [email protected]. give Federal officials a discretionary RIN: 9000–AN99 DC 20405, Phone: 703 605–2815, Email: means to exclude parties from [email protected]. participation in certain transactions, 372. Federal Acquisition Regulation RIN: 9000–AN91 while affording those parties due (FAR); FAR Case 2020–004, Application of the MPT To Certain Task and 369. Federal Acquisition Regulation process. Delivery Orders (FAR); FAR Case 2019–010, Efficient Timetable: Federal Operations E.O. 13771 Designation: Deregulatory. Action Date FR Cite Legal Authority: 40 U.S.C. 121(c); 10 E.O. 13771 Designation: Deregulatory. NPRM ...... 05/00/21 U.S.C. ch. 137; 51 U.S.C. 20113 Legal Authority: 40 U.S.C. 121(c); 10 Abstract: DoD, GSA, and NASA are U.S.C. ch. 137; 51 U.S.C. 20113 NPRM Comment 07/00/21 Period End. proposing to amend the FAR by Abstract: DoD, GSA, and NASA are I I implementing section 826 of the NDAA proposing to amend the Federal Regulatory Flexibility Analysis for FY 2020 (Pub. L. 116–92) which Acquisition Regulation (FAR) to Required: Yes. increases the threshold for requiring fair implement Executive Order 13834, Agency Contact: Curtis E. Glover Sr., opportunity on orders under multiple- ‘‘Efficient Federal Operations.’’ Procurement Analyst, DOD/GSA/NASA award contracts from $3,500 to the Executive Order 13834 directs Federal (FAR), 1800 F Street NW, Washington, micro-purchase threshold, unless an agencies to comply with statutory DC 20405, Phone: 202 501–1448, Email: exception applies. This change applies requirements related to energy and [email protected]. the word-based threshold to ensure environmental performance in a manner RIN: 9000–AN98 continued alignment with any future that increases efficiency, maximizes changes to the thresholds. performance, eliminates unnecessary 371. Federal Acquisition Regulation Timetable: use of resources, and protects the (FAR); FAR Case 2019–016, Maximizing environment. This rule promotes the Use of American-Made Goods, Products Action Date FR Cite efficient acquisition of sustainable and Materials products, services, and construction E.O. 13771 Designation: Fully or NPRM ...... 10/22/20 85 FR 67327 methods in order to reduce energy and Partially Exempt. NPRM Comment 12/21/20 Period End. water consumption, reliance on natural Legal Authority: 40 U.S.C. 121(c); 10 Final Rule ...... 05/00/21 resources, and enhance pollution U.S.C. ch. 137; 51 U.S.C. 20113 I VerDate Sep<11>2014 23:20 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP20.SGM 31MRP20 jbell on DSKJLSW7X2PROD with PROPOSALS20 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16983 Regulatory Flexibility Analysis accelerated payment date, with a goal of Acquisition Regulation (FAR) to Required: Yes. 15 days after receipt of a proper invoice, implement changes to the U.S. Small Agency Contact: Michael O. Jackson, if: (1) A specific payment date is not Business Administration (SBA) Small Procurement Analyst, DOD/GSA/NASA established by contract, and (2) the Business Innovation Research (SBIR) (FAR), 1800 F Street NW, Washington, contractor agrees to make accelerated and Small Business Technology DC 20405, Phone: 202 208–4949, Email: payments to the subcontractor without Transfer (STTR) Policy Directive issued [email protected]. any further consideration from, or fees (May 2, 2019). The proposed changes RIN: 9000–AO04 charged to, the subcontractor. This include updating FAR 27 to add change implements section 873 of the reference to the STTR program, revise: 373. Federal Acquisition Regulation National Defense Authorization Act for definitions, allocation of rights, (FAR); FAR Case 2020–005, Fiscal Year 2020 (Pub. L. 116–92). protection period, SBIR/STTR rights Explanations to Unsuccessful Offerors Section 873 amends 31 U.S.C. 3903(a). notice, data rights marking provisions, on Certain Orders Under Task and Timetable: and add language to FAR 6.302–5(b) to Delivery Order Contracts acknowledge the unique competition E.O. 13771 Designation: Other. Action Date FR Cite requirements for SBIR/STTR Phase III Legal Authority: 40 U.S.C. 121(c); 10 NPRM ...... 01/00/21 contracts permitted by the Small U.S.C. ch. 137; 51 U.S.C. 20113 NPRM Comment 03/00/21 Business Act. Abstract: DoD, GSA, and NASA are Period End. Timetable: proposing to amend the Federal I I Acquisition Regulation (FAR) to Regulatory Flexibility Analysis Action Date FR Cite implement section 874 of the NDAA for Required: Yes. FY 2020, which requires, when Agency Contact: Zenaida Delgado, NPRM ...... 04/00/21 awarding a task or delivery order in an Procurement Analyst, DOD/GSA/NASA NPRM Comment 06/00/21 amount greater than the simplified (FAR), 1800 F Street NW, Washington, Period End. I acquisition threshold, but not greater DC 20405, Phone: 202 969–7207, Email: than $5.5 million, contracting officers, [email protected]. Regulatory Flexibility Analysis upon written request from an RIN: 9000–AO10 Required: Yes. Agency Contact: Mahruba Uddowla, unsuccessful offeror, to provide a brief 375. Federal Acquisition Regulation Procurement Analyst, DOD/GSA/NASA explanation as to why the offeror was (FAR); FAR Case 2020–008, Prohibition (FAR), 1800 F Street NW, Washington, unsuccessful, including the rationale for on Criminal History Inquiries by DC 20405, Phone: 703 605–2868, Email: award and an evaluation of the Contractors Prior to Conditional Offer significant weak or deficient factors in [email protected]. the offeror’s offer. E.O. 13771 Designation: Other. RIN: 9000–AO12 Timetable: Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch. 137; 51 U.S.C. 20113 377. • Federal Acquisition Regulation Action Date FR Cite Abstract: DoD, GSA, and NASA are (FAR); FAR CASE 2020–013, proposing to amend the Federal Certification of Women-Owned Small NPRM ...... 04/00/21 Acquisition Regulation (FAR) to Businesses NPRM Comment 06/00/21 implement section 1123 of the NDAA E.O. 13771 Designation: Other. Period End. I I for FY 2020 (Pub. L. 116–92) for the prohibition on criminal history Legal Authority: 40 U.S.C. 121(c); 10 Regulatory Flexibility Analysis inquiries by contractors prior to U.S.C. ch. 137; 51 U.S.C. 20113 Required: Yes. conditional offer to an individual or sole Abstract: The purpose of this new Agency Contact: Dana L. Bowman, proprietor. FAR case is to implement the statutory Procurement Analyst, General Services Timetable: requirement for certification of women- Administration, 1800 F Street NW, owned and economically disadvantaged Washington, DC 20405, Phone: 202 357– Action Date FR Cite women-owned small businesses 9652, Email: [email protected]. participating in the Women-Owned RIN: 9000–AO08 NPRM ...... 05/00/21 Small Business Program (section 825 of NPRM Comment 07/00/21 the National Defense Authorization Act 374. Federal Acquisition Regulation Period End. for Fiscal Year 2015), as implemented (FAR); FAR Case 2020–007, Accelerated I I by the Small Business Administration in Payments Applicable to Contracts With Regulatory Flexibility Analysis its final rule published May 11, 2020. Certain Small Business Concerns Required: Yes. Agency Contact: Curtis E. Glover Sr., Timetable: E.O. 13771 Designation: Other. Procurement Analyst, DOD/GSA/NASA Legal Authority: 40 U.S.C. 121(c); 10 (FAR), 1800 F Street NW, Washington, Action Date FR Cite U.S.C. ch. 137; 51 U.S.C. 20113 DC 20405, Phone: 202 501–1448, Email: Abstract: DoD, GSA, and NASA are NPRM ...... 05/00/21 [email protected]. NPRM Comment 07/00/21 proposing to amend the Federal RIN: 9000–AO11 Acquisition Regulation (FAR) to Period End. I establish an accelerated payment date 376. Federal Acquisition Regulation for small business contractors, to the (FAR); FAR Case 2020–010, Small Regulatory Flexibility Analysis fullest extent permitted by law, with a Business Innovation Research and Required: Yes. goal of 15 days after receipt of a proper Technology Transfer Programs Agency Contact: Malissa Jones, invoice, if a specific payment date is not E.O. 13771 Designation: Other. Procurement Analyst, DOD/GSA/NASA established by contract. For contractors Legal Authority: 40 U.S.C. 121(c); 10 (FAR), 1800 F Street NW, Washington, that subcontract with small businesses, U.S.C. ch. 137; 51 U.S.C. 20113 DC 20405, Phone: 703 605–2815, Email: the proposed rule, to the fullest extent Abstract: DoD, GSA and NASA are [email protected]. permitted by law, establishes an proposing to amend the Federal RIN: 9000–AO17 VerDate Sep<11>2014 23:20 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP20.SGM 31MRP20 jbell on DSKJLSW7X2PROD with PROPOSALS20 16984 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda DEPARTMENT OF DEFENSE/ year (FY) 2013. The rule clarifies that regardless of the place of performance. GENERAL SERVICES contractors and subcontractors are In light of these changes, there is a need ADMINISTRATION/NATIONAL prohibited from discharging, demoting, to amend the FAR, both to support the AERONAUTICS AND SPACE or otherwise discriminating against an changes to SBA’s regulation, and to give ADMINISTRATION (FAR) employee as a reprisal for disclosing to agencies the tools they need, especially any of the entities such as agency the ability to use set-asides to maximize Final Rule Stage Inspector Generals and Congress opportunities for small businesses 378. Federal Acquisition Regulation: information that the employee overseas. FAR Case 2016–005; Effective reasonably believes is evidence of gross Timetable: Communication Between Government mismanagement of a Federal contract; a and Industry gross waste of Federal funds; an abuse Action Date FR Cite E.O. 13771 Designation: Not subject of authority relating to a Federal contract; a substantial and specific NPRM ...... 08/12/19 84 FR 39793 to, not significant. NPRM Comment 10/11/19 Legal Authority: 40 U.S.C. 121(c); 10 danger to public health or safety; or a Period End. U.S.C. ch. 137; 51 U.S.C. 20113 violation of law, rule, or regulation Final Rule ...... 01/00/21 Abstract: DoD, GSA, and NASA are related to a Federal contract (including I issuing a final rule amending the the competition for or negotiation of a Regulatory Flexibility Analysis Federal Acquisition Regulation (FAR) to contract.) This rule enhances Required: Yes. implement section 887 of the NDAA for whistleblower protections for contractor Agency Contact: Mahruba Uddowla, FY 2016 (Pub. L. 114–92). This law employees by making permanent the Procurement Analyst, DOD/GSA/NASA provides that Government acquisition protection for disclosure of the (FAR), 1800 F Street NW, Washington, personnel are permitted and encouraged aforementioned information, and DC 20405, Phone: 703 605–2868, Email: to engage in responsible and ensuring that the prohibition on [email protected]. constructive exchanges with industry. reimbursement for legal fees accrued in RIN: 9000–AN34 defense against reprisal claims applies This change will permit and encourage 381. Federal Acquisition Regulation Government acquisition personnel to to both contractors and subcontractors. Timetable: (FAR); FAR Case 2016–011, Revision of engage in responsible and constructive Limitations on Subcontracting exchanges with industry as part of market research as long as those Action Date FR Cite E.O. 13771 Designation: Deregulatory. Legal Authority: 40 U.S.C. 121(c); 10 exchanges are consistent with existing NPRM ...... 12/26/18 83 FR 66223 laws and regulations and promote a fair U.S.C. ch. 137; 51 U.S.C. 20113 NPRM Comment 02/25/19 Abstract: DoD, GSA, and NASA are competitive environment. Period End. Timetable: Final Rule ...... 03/00/21 issuing a final rule to amend the Federal I I Acquisition Regulation (FAR) to revise Action Date FR Cite Regulatory Flexibility Analysis and standardize the limitations on Required: Yes. subcontracting, including the NPRM ...... 11/29/16 81 FR 85914 Agency Contact: Curtis E. Glover Sr., nonmanufacturer rule, that apply to NPRM Comment 03/02/17 Procurement Analyst, DOD/GSA/NASA small business concerns under FAR part Period End. 19 procurements. This rule incorporates Final Rule ...... 01/00/21 (FAR), 1800 F Street NW, Washington, I I DC 20405, Phone: 202 501–1448, Email: the Small Business Administration’s (SBA) final rule that implemented the Regulatory Flexibility Analysis [email protected]. RIN: 9000–AN32 statutory requirements of section 1651 Required: Yes. of the National Defense Authorization Agency Contact: Michael O. Jackson, 380. Federal Acquisition Regulation; Act (NDAA) for fiscal year 2013. This Procurement Analyst, DOD/GSA/NASA FAR Case 2016–002, Applicability of action is necessary to meet the (FAR), 1800 F Street NW, Washington, Small Business Regulations Outside the Congressional intent of clarifying the DC 20405, Phone: 202 208–4949, Email: United States limitations on subcontracting with [email protected]. which small businesses must comply, as RIN: 9000–AN29 E.O. 13771 Designation: Fully or Partially Exempt. well as the ways in which they can 379. Federal Acquisition Regulation Legal Authority: 40 U.S.C. 121(c); 10 comply. The rule will benefit both small (FAR); FAR Case 2017–005, U.S.C. ch. 137; 51 U.S.C. 20113 businesses and Federal agencies. The Whistleblower Protection for Abstract: DoD, GSA, and NASA are rule will allow small businesses to take Contractor Employees issuing a final rule to amend the Federal advantage of subcontracts with similarly E.O. 13771 Designation: Not subject Acquisition Regulation (FAR) to support situated entities. As a result, these small to, not significant. SBA’s policy of including overseas businesses will be able to compete for Legal Authority: 40 U.S.C. 121(c); 10 contracts in agency small business larger contracts, which would positively U.S.C. ch. 137; 51 U.S.C. 20113 contracting goals. SBA revised its affect their potential for growth as well Abstract: DoD, GSA, and NASA are regulation at 13 CFR 125.2, as finalized as that of their potential subcontractors. issuing a final rule to amend the Federal in its rule ‘‘Acquisition Process: Task Timetable: Acquisition Regulation (FAR) to and Delivery Order Contracts, Bundling, implement 41 U.S.C. 4712, Consolidation’’ issued on October 2, Action Date FR Cite ‘‘Enhancement of Contractor Protection 2013, to clarify that overseas contracting NPRM ...... 12/04/18 83 FR 62540 From Reprisal for Disclosure of Certain is not excluded from agency NPRM Comment 02/04/19 Information,’’ and makes the pilot responsibilities to foster small business Period End. program permanent. The pilot was participation. Final Rule ...... 01/00/21 enacted on January 2, 2013, by section In its final rule, SBA has clarified I 828 of the National Defense that, as a general matter, its small Regulatory Flexibility Analysis Authorization Act (NDAA) for fiscal business contracting regulations apply Required: Yes. VerDate Sep<11>2014 23:20 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP20.SGM 31MRP20 jbell on DSKJLSW7X2PROD with PROPOSALS20 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16985 Agency Contact: Mahruba Uddowla, FAR to ensure that the updated Legal Authority: 40 U.S.C. 121(c); 10 Procurement Analyst, DOD/GSA/NASA accessibility standards are appropriately U.S.C. ch. 137; 51 U.S.C. 20113 (FAR), 1800 F Street NW, Washington, considered in Federal ICT acquisitions. Abstract: DoD, GSA, and NASA are DC 20405, Phone: 703 605–2868, Email: Timetable: issuing a final rule to amend the Federal [email protected]. Acquisition Regulation (FAR) to RIN: 9000–AN35 Action Date FR Cite implement regulatory changes made by the Small Business Administration 382. Federal Acquisition Regulation NPRM ...... 03/31/20 85 FR 17831 (SBA), Small Business Mentor Prote´ge´ (FAR); FAR Case 2017–003; Individual Correction ...... 04/16/20 85 FR 21139 Programs, published on July 25, 2016 Sureties NPRM Comment 06/01/20 (81 FR 48557), regarding joint ventures E.O. 13771 Designation: Not subject Period End. Final Rule ...... 01/00/21 and to clarify policy on 8(a) joint to, not significant. ventures. The regulatory changes Legal Authority: 40 U.S.C. 121(c); 10 Regulatory Flexibility Analysis provide industry with a new way to U.S.C. 137; 51 U.S.C. 20113 Required: Yes. compete for small business or Abstract: DoD, GSA, and NASA are socioeconomic set-asides using a joint issuing a final rule to amend the Federal Agency Contact: Camara Francis, Procurement Analyst, DOD/GSA/NASA venture made up of a mentor and a Acquisition Regulation (FAR) to change prote´ge´. The 8(a) joint venture the kinds of assets that individual (FAR), 1800 F Street NW, Washington, DC 20405, Phone: 202 550–0935, Email: clarification prevents confusion on an sureties must use as security for their 8(a) joint venture’s eligibility to compete individual surety bonds. This change [email protected]. RIN: 9000–AN46 for an 8(a) competitive procurement. implements section 874 of the National Timetable: Defense Authorization Act (NDAA) for 384. Federal Acquisition Regulation FY 2016 (Pub. L. 114–92), codified at 31 (FAR); FAR Case 2017–018, Violation of Action Date FR Cite U.S.C. 9310, Individual Sureties. Arms Control Treaties or Agreements Individual sureties will no longer be With the United States NPRM ...... 06/05/20 85 FR 34561 NPRM Comment 08/04/20 able to pledge real property, corporate E.O. 13771 Designation: Not subject Period End. stocks, corporate bonds, or irrevocable to, not significant. Final Rule ...... 06/00/21 letters of credit. The requirements of 31 I Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. 9310 are intended to strengthen U.S.C. ch. 137; 51 U.S.C. 20113 Regulatory Flexibility Analysis the assets pledged by individual Abstract: DoD, GSA, and NASA are Required: Yes. sureties, thereby mitigating risk to the issuing a final rule to amend the Federal Agency Contact: Malissa Jones, Government. Procurement Analyst, DOD/GSA/NASA Timetable: Acquisition Regulation (FAR) to implement section 1290(c)(3) of the (FAR), 1800 F Street NW, Washington, DC 20405, Phone: 703 605–2815, Email: Action Date FR Cite National Defense Authorization Act (NDAA) for FY 2017, which requires an [email protected]. RIN: 9000–AN59 NPRM ...... 02/12/20 85 FR 7910 offeror or any of its subsidiaries to NPRM Comment 04/13/20 certify that it does not engage in any 386. Federal Acquisition Regulation Period End. activity that contributed to or is a (FAR); FAR Case 2018–016, Lowest Final Rule ...... I 01/00/21 I significant factor in the determination Price Technically Acceptable Source that a country is not in full compliance Selection Process Regulatory Flexibility Analysis with its obligations undertaken in all E.O. 13771 Designation: Not subject Required: Yes. arms control, nonproliferation, and Agency Contact: Zenaida Delgado, to, not significant. disarmament agreements or Procurement Analyst, DOD/GSA/NASA Legal Authority: 40 U.S.C. 121(c); 10 commitments in which the United (FAR), 1800 F Street NW, Washington, U.S.C. ch. 137; 51 U.S.C. 20113 States is a participating state. DC 20405, Phone: 202 969–7207, Email: Abstract: DoD, GSA, and NASA are Timetable: [email protected]. issuing a final rule to amend the Federal RIN: 9000–AN39 Acquisition Regulation (FAR) to Action Date FR Cite implement section 880 of the John S. 383. Federal Acquisition Regulation McCain National Defense Authorization (FAR); FAR Case 2017–011, Section Interim Final Rule 06/15/18 83 FR 28145 Interim Final Rule 08/14/18 Act (NDAA) for Fiscal Year (FY) 2019 to 508-Based Standards in Information Comment Pe- avoid using lowest price technically and Communication Technology riod End. acceptable source selection criteria in E.O. 13771 Designation: Regulatory. Final Rule ...... 11/00/20 circumstances that would deny the Legal Authority: 40 U.S.C. 121(c); 10 Government the benefits of cost and U.S.C. ch. 137; 51 U.S.C. 20113 Regulatory Flexibility Analysis technical tradeoffs in the source Abstract: DoD, GSA, and NASA are Required: Yes. selection process. issuing a final rule to amend the Federal Agency Contact: Michael O. Jackson, Timetable: Acquisition Regulation (FAR) to Procurement Analyst, DOD/GSA/NASA incorporate recent revisions and (FAR), 1800 F Street NW, Washington, Action Date FR Cite updates to accessibility standards issued DC 20405, Phone: 202 208–4949, Email: NPRM ...... 10/02/19 84 FR 52425 by the U.S. Access Board pursuant to [email protected]. NPRM Comment 12/02/19 section 508 of the Rehabilitation Act of RIN: 9000–AN57 Period End. 1973. This FAR change incorporates the Final Rule ...... 11/00/20 U.S. Access Board’s final rule, 385. Federal Regulation Acquisition I (FAR); FAR Case 2017–019, Policy on ‘‘Information and Communication Regulatory Flexibility Analysis Joint Ventures Technology (ICT) Standards and Required: Yes. Guidelines,’’ which published on E.O. 13771 Designation: Not subject Agency Contact: Michael O. Jackson, January 18, 2017. This rule updates the to, not significant. Procurement Analyst, DOD/GSA/NASA VerDate Sep<11>2014 23:20 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP20.SGM 31MRP20 jbell on DSKJLSW7X2PROD with PROPOSALS20 16986 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda (FAR), 1800 F Street NW, Washington, Action Date FR Cite 390. Federal Acquisition Regulation DC 20405, Phone: 202 208–4949, Email: (FAR); FAR Case 2018–017, Prohibition [email protected]. Final Rule ...... 10/23/20 85 FR 67619 on Certain Telecommunications and RIN: 9000–AN75 Final Rule Effec- 11/23/20 Video Surveillance Services or tive. Equipment 387. Federal Acquisition Regulation I I (FAR); FAR Case 2018–020, E.O. 13771 Designation: Fully or Regulatory Flexibility Analysis Construction Contract Administration Partially Exempt. Required: Yes. Legal Authority: 40 U.S.C. 121(c); 10 E.O. 13771 Designation: Not subject Agency Contact: Zenaida Delgado, U.S.C. ch. 137; 51 U.S.C. 20113 to, not significant. Procurement Analyst, DOD/GSA/NASA Abstract: DoD, GSA, and NASA Legal Authority: 40 U.S.C. 121(c); 10 (FAR), 1800 F Street NW, Washington, amended the Federal Acquisition U.S.C. ch. 137; 51 U.S.C. 20113 DC 20405, Phone: 202 969–7207, Email: Regulation (FAR) to implement section Abstract: DoD, GSA, and NASA are [email protected]. 889 (a)(1)(A) of the National Defense issuing a final rule to amend the Federal RIN: 9000–AN79 Authorization Act (NDAA) for FY 19 Acquisition Regulation (FAR) to (Pub. L. 115–232). Section 889(a)(1)(A) implement section 855 of the NDAA for 389. Federal Acquisition Regulation prohibits the Government from FY 2019 (Pub. L. 115–232). Section 855 (FAR); Far Case 2018–023, Taxes- procuring covered telecommunications requires, for solicitations for Foreign Contracts in Afghanistan equipment and services from Huawei construction contracts anticipated to be Technologies Company, ZTE E.O. 13771 Designation: Not subject awarded to a small business, Corporation, Hytera Communications to, not significant. notification to prospective offerors Corporation, Hangzhou Technology regarding agency policies or practices in Legal Authority: 40 U.S.C. 121(c); 10 Company, or Dahua Technology complying with FAR requirements U.S.C. ch. 137; 51 U.S.C. 20113 Company, to include any subsidiaries or relating to the timely definitization of Abstract: DoD, GSA, and NASA are affiliates. Provisions have been added to requests for equitable adjustment and issuing a final rule to amend the Federal the FAR which require that an offeror agency past performance in definitizing Acquisition Regulation (FAR) to represent at an entity level in SAM, and such requests. implement the provisions on taxes, if applicable on an offer-by-offer basis, Timetable: duties, and fees contained in the if the offeror will or will not provide Security and Defense Cooperation Action Date FR Cite any covered telecommunications Agreement (dated 2014) and the North equipment or services to the NPRM ...... 04/01/20 85 FR 18181 Atlantic Treaty Organization Status of Government. If an offeror responds in an NPRM Comment 06/01/20 Forces Agreement (dated 2014) with the offer that it will provide covered Period End. Islamic Republic of Afghanistan. Both telecommunications, the offeror will Final Rule ...... 04/00/21 Agreements exempt the United States need to provide additional disclosures. I I Government, and its contractors and This FAR rule is needed to protect U.S. Regulatory Flexibility Analysis subcontractors (other than those who networks against cyber activities Required: Yes. are Afghan legal entities or residents), conducted through Chinese Agency Contact: Dana L. Bowman, from paying any tax or similar charge Government-supported Procurement Analyst, General Services assessed on activities associated with telecommunications equipment and Administration, 1800 F Street NW, contracts performed within Afghanistan. services. Washington, DC 20405, Phone: 202 357– The Agreements also exempt the Timetable: 9652, Email: [email protected]. acquisition, importation, exportation, RIN: 9000–AN78 reexportation, transportation, and use of Action Date FR Cite 388. Federal Acquisition Regulation supplies and services in Afghanistan, by or on behalf of the United States Interim Final Rule 08/13/19 84 FR 40216 (FAR); FAR Case 2018–021, Reserve Interim Final Rule 10/15/19 Officer Training Corps and Military Government, from any taxes, customs, Comment Pe- Recruiting on Campus duties, fees, or similar charges in riod End. Afghanistan. Interim Final Rule 12/13/19 84 FR 68314 E.O. 13771 Designation: Fully or Timetable: Interim Final Rule 12/13/19 Partially Exempt. Effective. Legal Authority: 40 U.S.C. 121(c); 10 Action Date FR Cite Interim Final Rule 02/11/20 U.S.C. ch. 137; 51 U.S.C. 20113 Comment Pe- Abstract: DoD, GSA and NASA are NPRM ...... 09/20/19 84 FR 49502 riod End. issuing a final rule to amend the Federal Correction ...... 10/15/19 84 FR 55109 Final Rule ...... 03/00/21 Acquisition Regulation (FAR) to NPRM Comment 11/19/19 implement the requirements at 10 Period End. Regulatory Flexibility Analysis U.S.C. 983, which prohibits the award Final Rule ...... 10/23/20 85 FR 67623 Required: Yes. of certain Federal contracts or grants to Final Rule Effec- 11/23/20 Agency Contact: FAR Policy, DOD/ institutions of higher education that tive. GSA/NASA (FAR), 1800 F Street NW, prohibit Senior Reserve Officer Training Washington, DC 20405, Phone: 202 969– Corps units or military recruiting on Regulatory Flexibility Analysis 4075, Email: [email protected]. campus. Required: Yes. RIN: 9000–AN83 Timetable: Agency Contact: Kevin Funk, 391. Federal Acquisition Regulation Procurement Analyst, DOD/GSA/NASA (FAR); FAR Case 2019–001, Analysis Action Date FR Cite (FAR), 1800 F Street NW, Washington, for Equipment Acquisitions NPRM ...... 09/24/19 84 FR 49974 DC 20405, Phone: 202 357–5805, Email: E.O. 13771 Designation: Other. NPRM Comment 11/25/19 [email protected]. Legal Authority: 40 U.S.C. 121(c); 10 Period End. I I RIN: 9000–AN81 U.S.C. ch. 137; 51 U.S.C. 20113 VerDate Sep<11>2014 23:20 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP20.SGM 31MRP20 jbell on DSKJLSW7X2PROD with PROPOSALS20 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16987 Abstract: DoD, GSA, and NASA are Action Date FR Cite requires examples of activities that proposing to amend the FAR by would be considered a failure to make implementing section 555 of the Federal NPRM ...... 10/21/19 84 FR 56157 a good faith effort to comply with small Aviation Administration (FAA) NPRM Comment 12/20/19 business subcontracting plan Reauthorization Act for FY 2018 (Pub. Period End. requirements. L. 115–254), which requires equipment Final Rule ...... 10/23/20 85 FR 67626 Timetable: Final Rule Effec- 11/23/20 to be acquired using the method of tive. acquisition most advantageous to the Action Date FR Cite Government based on a case-by-case Regulatory Flexibility Analysis NPRM ...... 06/03/20 85 FR 34155 analysis of costs and other factors. Required: Yes. NPRM Comment 08/03/20 Section 555 requires the methods of Agency Contact: Kevin Funk, Period End. acquisition to be compared in the Procurement Analyst, DOD/GSA/NASA Final Rule ...... I 05/00/21 analysis to include, at a minimum: (1) (FAR), 1800 F Street NW, Washington, Purchase; (2) long-term lease or rental; DC 20405, Phone: 202 357–5805, Email: Regulatory Flexibility Analysis (3) short-term lease or rental; (4) [email protected]. Required: Yes. interagency acquisition; or, (5) RIN: 9000–AN85 Agency Contact: Dana L. Bowman, acquisition agreements with a State or Procurement Analyst, General Services local government. Section 555 exempts 393. Federal Acquisition Regulation Administration, 1800 F Street NW, certain acquisitions from this required (FAR); FAR Case 2019–003, Substantial Washington, DC 20405, Phone: 202 357– analysis. Bundling and Consolidation 9652, Email: [email protected]. Timetable: E.O. 13771 Designation: Not subject RIN: 9000–AN87 to, not significant. 395. Federal Acquisition Regulation Action Date FR Cite Legal Authority: 40 U.S.C. 121(c); 10 (FAR); FAR Case 2019–009, Prohibition U.S.C. ch. 137; 51 U.S.C. 20113 on Contracting With Entities Using NPRM ...... 08/24/20 85 FR 52081 Abstract: DoD, GSA, and NASA are NPRM Comment 10/23/20 Certain Telecommunications and Video amending the Federal Acquisition Surveillance Services or Equipment Period End. Regulation (FAR) to implement section Final Rule ...... 04/00/21 863 of the National Defense E.O. 13771 Designation: Other. I I Legal Authority: 40 U.S.C. 121(c); 10 Authorization Acts (NDAA) for FY 2016 U.S.C. ch. 137; 51 U.S.C. 20113 Regulatory Flexibility Analysis and the Small Business Administration Required: Yes. Abstract: DoD, GSA, and NASA are (SBA) implementing regulations amending the Federal Acquisition Agency Contact: Michael O. Jackson, requiring publication of a notice of Regulation (FAR) to implement Procurement Analyst, DOD/GSA/NASA substantial bundling and a notice of paragraph (a)(1)(B) of section 889 of the (FAR), 1800 F Street NW, Washington, consolidation of contract requirements. National Defense Authorization Act DC 20405, Phone: 202 208–4949, Email: Timetable: (NDAA) for FY 19 (Pub. L. 115–232). [email protected]. Action Date FR Cite Beginning two years from the enacted RIN: 9000–AN84 date, paragraph (a)(1)(B) of section 889 392. Federal Acquisition Regulation NPRM ...... 04/27/20 85 FR 23299 prohibits the Government from entering (FAR); FAR Case 2019–002, NPRM Comment 06/26/20 into a contract or extending or renewing Recreational Services on Federal Lands Period End. a contract with an entity that uses any Final Rule ...... I 04/00/21 I equipment, system, or service that uses E.O. 13771 Designation: Not subject covered telecommunications equipment to, not significant. Regulatory Flexibility Analysis and services from Huawei Technologies Legal Authority: 40 U.S.C. 121(c); 10 Required: Yes. Company, ZTE Corporation, Hytera U.S.C. ch. 137; 51 U.S.C. 20113 Agency Contact: Dana Bowman, Communications Corporation, Procurement Analyst, DoD/GSA/NASA Hangzhou Technology Company, or Abstract: DoD, GSA, and NASA are (FAR), DOD/GSA/NASA (FAR), 1800 F issuing a final rule to amend the Federal Dahua Technology Company, to include Street NW, Washington, DC 20405, any subsidiaries or affiliates. This FAR Acquisition Regulation (FAR) to exempt Phone: 202 208–4949, Email: contracts for seasonal recreational rule is needed to protect U.S. networks [email protected]. against cyber activities conducted services and seasonal recreational RIN: 9000–AN86 equipment rental on Federal lands from through Chinese Government-supported the Executive Order 13658 minimum 394. Federal Acquisition Regulation telecommunications equipment and wage requirements. This rule (FAR); FAR Case 2019–004, Good Faith services. Paragraph (a)(1)(A) of section implements Executive Order 13838 that in Small Business Subcontracting 889 is being implemented separately was issued on May 25, 2018, and through FAR Case 2018–017. E.O. 13771 Designation: Not subject Timetable: associated Department of Labor final to, not significant. rule published on September 26, 2018. Legal Authority: 40 U.S.C. 121(c); 10 Action Date FR Cite In accordance with Executive Order U.S.C. ch. 137; 51 U.S.C. 20113 13838, this rule will not limit Executive Abstract: DoD, GSA, and NASA are Interim Final Rule 07/14/20 85 FR 42665 Order 13658’s coverage of lodging and issuing a final rule to amend the Federal Interim Final Rule 08/13/20 food services associated with seasonal Acquisition Regulation (FAR) to Effective. recreational services, even when implement section 1821 of the National Interim Final Rule 08/27/20 85 FR 53126 Interim Final Rule 09/14/20 seasonal recreational services or Defense Authorization Act (NDAA) for seasonal recreational equipment rental Comment Pe- FY 2017 and the Small Business riod End. are also provided under the same Administration regulatory changes Interim Final Rule 10/26/20 contract. relating to small business Comment Pe- Timetable: subcontracting plans. Section 1821 riod End. VerDate Sep<11>2014 23:20 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP20.SGM 31MRP20 jbell on DSKJLSW7X2PROD with PROPOSALS20 16988 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Action Date FR Cite covered products, services, or sources DEPARTMENT OF DEFENSE/ from the Federal supply chain. GENERAL SERVICES Interim Final Rule 10/26/20 Timetable: ADMINISTRATION/NATIONAL Effective. AERONAUTICS AND SPACE Final Rule ...... 05/00/21 I I Action Date FR Cite ADMINISTRATION (FAR) Completed Actions Regulatory Flexibility Analysis Interim Final Rule 01/00/21 Required: Yes. Interim Final Rule 03/00/21 399. Federal Acquisition Regulation Agency Contact: FAR Policy, DOD/ Comment Pe- (FAR); FAR Case 2014–002; Set–Asides GSA/NASA (FAR), 1800 F Street NW, riod End. Under Multiple Award Contracts Washington, DC 20405, Phone: 202 969– 4075, Email: [email protected]. E.O. 13771 Designation: Fully or Regulatory Flexibility Analysis RIN: 9000–AN92 Partially Exempt. Required: Yes. Legal Authority: 40 U.S.C. 121(c); 10 396. Federal Acquisition Regulation Agency Contact: Camara Francis, U.S.C. ch. 137; 51 U.S.C. 20113 Abstract: DoD, GSA, and NASA are (FAR); FAR Case 2020–006, Procurement Analyst, DOD/GSA/NASA issuing a final rule amending the Documentation of Market Research (FAR), 1800 F Street NW, Washington, Federal Acquisition Regulation (FAR) to E.O. 13771 Designation: Not subject DC 20405, Phone: 202 550–0935, Email: implement regulatory changes made by to, not significant. [email protected]. the Small Business Administration, Legal Authority: 40 U.S.C. 121(c); 10 RIN: 9000–AO13 which provide Governmentwide policy U.S.C. ch 137; 51 U.S.C. 20113 for partial set-asides and reserves and 398. • Federal Acquisition Regulation Abstract: DoD, GSA, and NASA for set-asides of orders for small (FAR); FAR Case 2020–012, Scope of opened this case to implement section business concerns under multiple- 818 of the NDAA for FY 2020. Section Review by Procurement Center award contracts. 818 amends 10 U.S.C. 2377(c) and 41 Representatives Completed: U.S.C. 3307(d) to require the head of the E.O. 13771 Designation: Not subject agency document the results of market Reason Date FR Cite research in a manner appropriate to the to, not significant. size and complexity of the acquisition. Legal Authority: 40 U.S.C. 121(c); 10 Final Rule Effec- 03/30/20 Timetable: U.S.C. ch. 137; 51 U.S.C. 20113 tive. Action Date FR Cite Abstract: The purpose of this new Regulatory Flexibility Analysis FAR case is to implement section 1811 Required: Yes. Final Rule ...... 10/23/20 85 FR 67623 of the National Defense Authorization Agency Contact: Mahruba Uddowla, Final Rule Effec- 11/23/20 Act for Fiscal Year 2017 (15 U.S.C. Phone: 703 605–2868, Email: tive. I I 644(l)(9)(A)), as implemented by the [email protected]. Small Business Administration’s final RIN: 9000–AM93 Regulatory Flexibility Analysis rule published November 29, 2019 (84 400. Federal Acquisition Regulation Required: Yes. FR 65647). 15 U.S.C. 644(l)(9)(A) allows Agency Contact: Camara Francis, (FAR); FAR Case 2016–013, Tax on procurement center representatives to Certain Foreign Procurement Procurement Analyst, DOD/GSA/NASA review solicitations without regard to (FAR), 1800 F Street NW, Washington, E.O. 13771 Designation: Not subject whether the contract or order is set DC 20405, Phone: 202 550–0935, Email: to, not significant. aside for small business, or reserved in [email protected]. Legal Authority: 40 U.S.C. 121(c); 10 the case of a multiple-award contract, or RIN: 9000–AO09 U.S.C. ch. 37; 51 U.S.C. 20113 whether the solicitation would result in Abstract: DoD, GSA, and NASA are 397. Federal Acquisition Regulation a bundled or consolidated contract or issuing a final rule to amend the Federal (FAR); FAR Case 2020–011, order. Acquisition Regulation (FAR) to Implementation of Issued Exclusion Timetable: implement a final rule issued by the and Removal Orders Department of the Treasury that E.O. 13771 Designation: Other. Action Date FR Cite implements section 301 of the James Legal Authority: 40 U.S.C. 121(c); 10 Zadroga 9/11 Health and Compensation U.S.C. ch. 137; 51 U.S.C. 20113 Direct Final Rule 04/00/21 Act of 2010, Public Law 111–347. This Abstract: This rule will amend the Direct Final Rule 06/00/21 section imposes on any foreign person Federal Acquisition Regulation (FAR) to Comment Pe- that receives a specified Federal riod End. address implementation of issued procurement payment a tax equal to two exclusion and removal orders percent of the amount of such payment. authorized by section 202 of the Regulatory Flexibility Analysis This rule applies to foreign persons that SECURE Technology Act (115 Pub. L. Required: Yes. are awarded Federal Government 390), which amends 41 U.S.C. 1323 by Agency Contact: Malissa Jones, contracts to provide goods or services. completed: creating the Federal Acquisition Procurement Analyst, DOD/GSA/NASA Security Council (FASC) and (FAR), 1800 F Street NW, Washington, Reason Date FR Cite authorizing the Secretary of Homeland DC 20405, Phone: 703 605–2815, Email: Security, the Secretary of Defense, and [email protected]. Final Rule ...... 05/06/20 85 FR 27098 the Director of National Intelligence to Final Rule Effec- 06/05/20 issue exclusion and removal orders, RIN: 9000–AO16 tive. upon the recommendation of the FASC. I These orders are issued to protect Regulatory Flexibility Analysis national security by excluding certain Required: Yes. VerDate Sep<11>2014 23:20 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP20.SGM 31MRP20 jbell on DSKJLSW7X2PROD with PROPOSALS20 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16989 Agency Contact: Zenaida Delgado, Government as a factor in the evaluation Reason Date FR Cite Phone: 202 969–7207, Email: of proposals for certain multiple-award [email protected]. task order contracts awarded by DoD, Final Rule Effec- 08/31/20 RIN: 9000–AN38 NASA, or the Coast Guard. At the tive. Government’s discretion, solicitations 401. Federal Acquisition Regulations for multiple-award contracts, which Regulatory Flexibility Analysis (FAR); FAR Case 2015–002, intend to award the same or similar Required: Yes. Requirements for DD Form 254, services to each qualifying offeror, do Agency Contact: Michael O. Jackson, Contract Security Classification not require price or cost as an Phone: 202 208–4949, Email: Specification evaluation factor for the base contract [email protected]. E.O. 13771 Designation: Not subject award. This rule will streamline the RIN: 9000–AN65 to, not significant. award of contracts for DoD, NASA, and Legal Authority: 40 U.S.C. 121(c); 10 the Coast Guard because they will not 404. Federal Acquisition Regulation U.S.C. ch. 137; 51 U.S.C. 20113 be required to consider cost or price in (FAR); FAR Case 2018–005, Abstract: DoD, GSA, and NASA are the evaluation of the award decision. Modifications to Cost or Pricing Data issuing a final rule to amend the Federal Relieving the requirement to account for and Reporting Requirements Acquisition Regulation (FAR) to require cost or price when evaluating proposals E.O. 13771 Designation: Deregulatory. the use of Department of Defense (DoD) for these types of contracts, which Legal Authority: 40 U.S.C. 121(c); 10 Wide Area Workflow (WAWF) for the feature competitive orders, will enable U.S.C. ch. 137; 51 U.S.C. 20113 electronic submission of the DD Form procurement officials to focus their Abstract: DoD, GSA, and NASA are 254, ‘‘Contract Security Classification energy on establishing and evaluating issuing a final rule to amend the Federal Specification.’’ This form is used to the non-price factors that will result in Acquisition Regulation (FAR) to convey security requirements regarding more meaningful distinctions among increase the Truth in Negotiation Act classified information to contractors and offerors. (TINA) threshold to $2 million and subcontractors and must be submitted to Completed: require other than certified cost or the Defense Security Services (DSS) pricing data. The rule reduces the when contractors or subcontractors Reason Date FR Cite burden on contractors because they require access to classified information would not be required to certify their under contracts awarded by agencies Final Rule ...... 07/02/20 85 FR 40068 cost or pricing data between $750,000 that are covered by the National Final Rule Effec- 08/03/20 and $2 million. This change implements Industrial Security Program (NISP). By tive. I I section 811 of the National Defense changing the submittal process of the Authorization Act (NDAA) for FY 2018. form from a manual process to an Regulatory Flexibility Analysis Section 811 modifies 10 U.S.C. 2306a automated one, the Government will Required: Yes. and 41 U.S.C. 3502. reduce the cost of maintaining the Agency Contact: Michael O. Jackson, forms, while also providing a Phone: 202 208–4949, Email: Completed: [email protected]. centralized repository for classified Reason Date FR Cite contract security requirements and RIN: 9000–AN54 supporting data. 403. Federal Acquisition Regulation Final Rule ...... 07/02/20 85 FR 40071 Completed: (FAR); FAR Case 2018–004; Increased Final Rule Effec- 08/03/20 Micro-Purchase and Simplified tive. Reason Date FR Cite Acquisition Thresholds Correction ...... 08/28/20 85 FR 53247 Final Rule Effec- 08/28/20 Final Rule ...... 07/02/20 85 FR 40061 E.O. 13771 Designation: Deregulatory. tive. Final Rule Effec- 08/03/20 Legal Authority: 40 U.S.C. 121(c); 10 tive. I I U.S.C. ch. 137; 51 U.S.C. 20113 Regulatory Flexibility Analysis Abstract: DoD, GSA, and NASA are Required: Yes. Regulatory Flexibility Analysis issuing a final rule to amend the FAR to Agency Contact: Zenaida Delgado, Required: Yes. implement sections 805, 806, and Phone: 202 969–7207, Email: Agency Contact: Curtis E. Glover, 1702(a) of the National Defense [email protected]. Phone: 202 501–1448, Email: Authorization Act (NDAA) for FY 2018. RIN: 9000–AN69 [email protected]. Section 805 increases the micro- RIN: 9000–AN40 purchase threshold (MPT) to $10,000 405. Federal Acquisition Regulation 402. Federal Acquisition Regulation and limits the use of convenience (FAR); FAR Case 2018–022; Orders (FAR); FAR Case 2017–010, Evaluation checks to not more than one half of the Issued Via Fax or Electronic Commerce Factors for Multiple-Award Contracts MPT amount (i.e., $5,000). Section 806 E.O. 13771 Designation: Not subject increases the simplified acquisition to, not significant. E.O. 13771 Designation: Deregulatory. threshold (SAT) to $250,000. Section Legal Authority: 40 U.S.C. 121(c); 10 Legal Authority: 40 U.S.C. 121(c); 10 1702(a) amends section 15(j)(1) of the U.S.C. ch. 137; 51 U.S.C. 20113 U.S.C. ch. 137; 51 U.S.C. 20113 Small Business Act (15 U.S.C. 644(j)(1)) Abstract: DoD, GSA, and NASA are Abstract: DoD, GSA, and NASA are to replace specific dollar thresholds issuing a final rule amending a Federal issuing a final rule to amend the Federal with the terms ‘‘micro-purchase Acquisition Regulation (FAR) clause to Acquisition Regulation (FAR) to threshold’’ and ‘‘simplified acquisition permit the issuance of task or delivery implement section 825 of the National threshold.’’ orders via facsimile or electronic Defense Authorization Act (NDAA) for Completed: FY 17 (Pub. L. 114–328). Section 825 commerce and clarify when an order is amends 10 U.S.C. 2305(a)(3) to change Reason Date FR Cite considered ‘’issued’’ when using these the requirement regarding the methods. consideration of cost or price to the Final Rule ...... 07/02/20 85 FR 40064 Completed: VerDate Sep<11>2014 23:20 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP20.SGM 31MRP20 jbell on DSKJLSW7X2PROD with PROPOSALS20 16990 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Reason Date FR Cite Legal Authority: 40 U.S.C. 121(c) ; 10 Reason Date FR Cite U.S.C. ch. 137; 51 U.S.C. 20113 Final Rule ...... 07/02/20 85 FR 40075 Abstract: DoD, GSA, and NASA are NPRM ...... 06/30/20 85 FR 39146 Final Rule Effec- 08/03/20 issuing a final rule to amend the Federal Final Rule ...... 10/02/20 85 FR 62485 tive. I I Acquisition Regulation (FAR) to Final Rule Effec- 10/01/20 tive. Regulatory Flexibility Analysis implement the inflation adjustment of Required: Yes. acquisition-related dollar thresholds. A Agency Contact: Curtis E. Glover, statute (41 U.S.C. 1908) requires an Regulatory Flexibility Analysis Phone: 202 501–1448, Email: adjustment every 5 years of acquisition- Required: Yes. [email protected]. related thresholds for inflation using the Agency Contact: Michael O. Jackson, RIN: 9000–AN80 Consumer Price Index for all urban Phone: 202 208–4949, Email: consumers, except for the Construction [email protected]. 406. Federal Acquisition Regulation Wage Rate Requirements statute (FAR); FAR Case 2019–013, Inflation (formerly Davis-Bacon Act), Service RIN: 9000–AN96 Adjustment of Acquisition-Related Contract Labor Standards statute, and [FR Doc. 2021–04359 Filed 3–30–21; 8:45 am] Thresholds trade agreements thresholds. BILLING CODE 6820–EP–P E.O. 13771 Designation: Other. Completed: VerDate Sep<11>2014 23:20 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP20.SGM 31MRP20 jbell on DSKJLSW7X2PROD with PROPOSALS20 FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part XXI Commodity Futures Trading Commission Semiannual Regulatory Agenda VerDate Sep<11>2014 23:26 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP21.SGM 31MRP21 jbell on DSKJLSW7X2PROD with PROPOSALS21 16992 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda COMMODITY FUTURES TRADING SUPPLEMENTARY INFORMATION: The it presently expects may be considered COMMISSION Regulatory Flexibility Act (‘‘RFA’’), 5 during the course of the next year. U.S.C. 601, et seq., includes a Subject to a determination for each rule, 17 CFR Ch. I requirement that each agency publish it is possible as a general matter that semiannually in the Federal Register a some of these rules may have some Regulatory Flexibility Agenda regulatory flexibility agenda. Such impact on small entities.1 The AGENCY: Commodity Futures Trading agendas are to contain the following Commission notes also that, under the Commission. elements, as specified in 5 U.S.C. 602(a): RFA, it is not precluded from 1. A brief description of the subject ACTION: Semiannual regulatory agenda. considering or acting on a matter not area of any rule that the agency expects included in the regulatory flexibility to propose or promulgate, which is SUMMARY: The Commodity Futures agenda, nor is it required to consider or Trading Commission (‘‘Commission’’), likely to have a significant economic act on any matter that is listed in the impact on a substantial number of small in accordance with the requirements of agenda. See 5 U.S.C. 602(d). entities; the Regulatory Flexibility Act, is 2. A summary of the nature of any The Commission’s Fall 2020 publishing a semiannual agenda of such rule under consideration for each regulatory flexibility agenda is included rulemakings that the Commission subject area listed in the agenda, the in the Unified Agenda of Federal expects to propose or promulgate over objectives and legal basis for the Regulatory and Deregulatory Actions. the next year. The Commission issuance of the rule, and an approximate The complete Unified Agenda will be welcomes comments from small entities schedule for completing action on any available online at www.reginfo.gov, in and others on the agenda. rule for which the agency has issued a a format that offers users enhanced FOR FURTHER INFORMATION CONTACT: general notice of proposed rulemaking; ability to obtain information from the Christopher J. Kirkpatrick, Secretary of and Agenda database. the Commission, (202) 418–5964, 3. The name and telephone number of [email protected], Commodity an agency official knowledgeable about Issued in Washington, DC, on September Futures Trading Commission, Three the items listed in the agenda. 15, 2020, by the Commission. Lafayette Centre, 1155 21st Street NW, Accordingly, the Commission has Christopher Kirkpatrick, Washington, DC 20581. prepared an agenda of rulemakings that Secretary of the Commission. COMMODITY FUTURES TRADING COMMISSION—COMPLETED ACTIONS Regulation Sequence No. Title Identifier No. 407 ...... Regulation Automated Trading ...... 3038–AD52 COMMODITY FUTURES TRADING Legal Authority: 7 U.S.C. 1a(23); 7 requirements on market participants, COMMISSION (CFTC) U.S.C. 6c(a); 7 U.S.C. 7(d); 7 U.S.C. futures commission merchants, and/or 12(a)(5) designated contract markets; and set Completed Actions Abstract: On November 7, 2016, the forth preservation and access 407. Regulation Automated Trading Commodity Futures Trading obligations relating to algorithmic E.O. 13771 Designation: Independent Commission (‘‘Commission’’) approved trading source code. The NPRM and agency. a supplemental notice of proposed Supplemental NPRM are withdrawn rulemaking for Regulation AT and superseded by Electronic Trading 1 The Commission published its definition of a (‘‘Supplemental NPRM’’). The Risk Principles, 3038–AF04. ‘‘small entity’’ for purposes of rulemaking Supplemental NPRM modified certain Completed: proceedings at 47 FR 18618 (April 30, 1982). rules proposed in the Commission’s Pursuant to that definition, the Commission is not required to list—but nonetheless does—many of the December 2015, notice of proposed Reason Date FR Cite items contained in this regulatory flexibility rulemaking (NPRM) for Regulation AT. agenda. See also 5 U.S.C. 602(a)(1). Moreover, for The Supplemental NPRM was Withdrawn ...... 07/15/20 85 FR 42755 certain items listed in this agenda, the Commission has previously certified, under section 605 of the published in the Federal Register on RFA, 5 U.S.C. 605, that those items will not have November 25, 2016, with a 90-day Regulatory Flexibility Analysis a significant economic impact on a substantial comment period closing on January 24, Required: Yes. number of small entities. For these reasons, the 2017. The Commission subsequently listing of a rule in this regulatory flexibility agenda Agency Contact: Marilee Dahlman, should not be taken as a determination that the rule, extended the comment period until May Phone: 202 418–5264, Email: when proposed or promulgated, will in fact require 1, 2017. The NPRM and Supplemental [email protected]. a regulatory flexibility analysis. Rather, the NPRM, through a set of proposed Commission has chosen to publish an agenda that regulations collectively referred to as Joseph Otchin, Phone: 202 418–5623, includes significant and other substantive rules, Email: [email protected]. regardless of their potential impact on small ‘‘Regulation AT,’’ would have required entities, to provide the public with broader notice registration of certain market RIN: 3038–AD52 of new or revised regulations the Commission may participants that engage in proprietary consider and to enhance the public’s opportunity to [FR Doc. 2021–04339 Filed 3–30–21; 8:45 am] participate in the rulemaking process. algorithmic trading; impose pre-trade BILLING CODE 6351–01–P risk control, testing, and certification VerDate Sep<11>2014 23:26 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP21.SGM 31MRP21 jbell on DSKJLSW7X2PROD with PROPOSALS21 FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part XXII Bureau of Consumer Financial Protection Semiannual Regulatory Agenda VerDate Sep<11>2014 23:31 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP22.SGM 31MRP22 jbell on DSKJLSW7X2PROD with PROPOSALS22 16994 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda BUREAU OF CONSUMER FINANCIAL which transferred to the Bureau from Rulemaking To Implement EGRRCPA PROTECTION seven Federal agencies on July 21, 2011. The Bureau is conducting the two The Bureau’s general purpose, as remaining rulemakings mandated in the 12 CFR Ch. X specified in section 1021(a) of the Dodd- Economic Growth, Regulatory Relief, Frank Act, is to implement and enforce Semiannual Regulatory Agenda and Consumer Protection Act of 2018, Federal consumer financial law Public Law 115–174, 132 Stat. 1297 AGENCY: Bureau of Consumer Financial consistently for the purpose of ensuring (EGRRCPA). As part of these Protection. that all consumers have access to rulemakings, the Bureau is working to ACTION: Semiannual regulatory agenda. markets for consumer financial products maximize consumer welfare and and services and that markets for achieve other statutory objectives SUMMARY: The Bureau of Consumer consumer financial products and through protecting consumers from Financial Protection (Bureau) is services are fair, transparent, and harm and minimizing regulatory publishing this agenda as part of the competitive. burden, including facilitating industry Fall 2020 Unified Agenda of Federal In addition, section 1021 of the Dodd- compliance with rules. Regulatory and Deregulatory Actions. First, section 307 of the EGRRCPA Frank Act specifies the objectives of the The Bureau reasonably anticipates amends the Truth in Lending Act (TILA) Bureau, including ensuring that, with having the regulatory matters identified to mandate that the Bureau prescribe respect to consumer financial products below under consideration during the certain regulations relating to ‘‘Property period from November 2020 to and services, consumers are provided Assessed Clean Energy’’ (PACE) November 2021. The next agenda will with timely and understandable financing. As defined by EGRRCPA be published in spring 2021 and will information to make responsible section 307, PACE financing results in update this agenda through spring 2022. decisions about financial transactions; a tax assessment on a consumer’s real Publication of this agenda is in consumers are protected from unfair, property and covers the costs of home accordance with the Regulatory deceptive, or abusive acts and practices improvements. The required regulations Flexibility Act (5 U.S.C. 601 et seq.). and from discrimination; outdated, must carry out the purposes of TILA’s DATES: This information is current as of unnecessary, or unduly burdensome ability-to-repay (ATR) requirements, September 11, 2020. regulations are regularly identified and currently in place for residential addressed in order to reduce ADDRESSES: Bureau of Consumer mortgage loans, with respect to PACE Financial Protection, 1700 G Street NW, unwarranted regulatory burdens; that financing, and apply TILA’s general Washington, DC 20552. Federal consumer financial law is civil liability provision for violations of enforced consistently, without regard to the ATR requirements the Bureau will FOR FURTHER INFORMATION CONTACT: A the status of a person as a depository prescribe for PACE financing. The staff contact is included for each institution, in order to promote fair regulations must ‘‘account for the regulatory item listed herein. If you competition; and markets for consumer unique nature’’ of PACE financing. require this document in an alternative Section 307 of the EGRRCPA also electronic format, please contact CFPB_ financial products and services operate specifically authorizes the collection of [email protected]. transparently and efficiently to facilitate access and innovation. data and information necessary to SUPPLEMENTARY INFORMATION: The support a PACE rulemaking. In March Bureau is publishing its fall 2020 As a general matter, the Bureau believes that it can best achieve these 2019 the Bureau issued an Advance Agenda as part of the Fall 2020 Unified Notice of Proposed Rulemaking Agenda of Federal Regulatory and statutory purposes and objectives by using its various tools to focus on the (ANPRM) and is continuing to engage Deregulatory Actions, which is with stakeholders and collect prevention of consumer harm. With coordinated by the Office of information for the rulemaking, specific regard to rulemaking, the Management and Budget under including by pursuing quantitative data Bureau seeks to articulate clear rules of Executive Order 12866. The agenda lists on the effect of PACE on consumers’ the road for regulated entities that the regulatory matters that the Bureau financial outcomes. reasonably anticipates having under promote compliance with the law, foster Second, section 108 of the EGRRCPA consideration during the period from competition, increase transparency, and directs the Bureau to conduct a November 2020 to November 2021, as preserve fair markets for financial rulemaking to exempt from the escrow 1 described further below. The complete products and services. If Congress requirement loans made by certain Unified Agenda is available to the directs the Bureau to promulgate rules creditors with assets of $10 billion or public at the following website: http:// or address specific issues through less and meeting other criteria, adding www.reginfo.gov. rulemaking, the Bureau will comply to a 2013 rule issued by the Bureau Pursuant to the Dodd-Frank Wall with the law. If the Bureau has under the Dodd-Frank Act that created Street Reform and Consumer Protection discretion, the Bureau will focus on an exemption for creditors with under Act, Public Law 111–203, 124 Stat. 1376 preventing consumer harm by $2 billion in assets and meeting other (Dodd-Frank Act), the Bureau has maximizing informed consumer choice, criteria. In anticipation of future rulemaking, supervisory, enforcement, and by reducing unwarranted regulatory rulemaking activity, the Bureau consumer education, and other burden which can adversely affect conducted, and in late summer 2019 authorities relating to consumer competition and consumers’ access to released, a preliminary analysis of the financial products and services. These financial products and services. number of lenders potentially impacted authorities include the authority to Consistent with these priorities and to by implementation of the new issue regulations under more than a enhance transparency, the Unified exemption in section 108 of EGRRCPA. dozen Federal consumer financial laws, Agenda identifies the rulemaking This analysis showed that a limited activities in which the Bureau is likely number of additional lenders would be 1 The listing does not include certain routine, to be engaged over the next 12 months exempt under section 108 of EGRRCPA frequent, or administrative matters. The Bureau is reporting information for this Unified Agenda in a and those that are contemplated in the once implemented by rule. The Bureau manner consistent with past practice. ensuing year. issued a Notice of Proposed Rulemaking VerDate Sep<11>2014 23:31 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP22.SGM 31MRP22 jbell on DSKJLSW7X2PROD with PROPOSALS22 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16995 (NPRM) in July 2020 and expects to and reporting of data points and public establish an alternative, such as a issue a final rule in early 2021. disclosure of those data points. This pricing threshold (i.e., the difference NPRM will follow up on the Bureau’s between the loan’s annual percentage Rulemakings To Implement the Dodd- 2018 final policy guidance regarding rate (APR) and the average prime offer Frank Act and Other Statutes disclosure of the HMDA data. Until the rate (APOR) for a comparable 1. Continuation of Other Rulemakings Bureau promulgates a final rule, it transaction) for loans to qualify as QMs. The Bureau is continuing certain anticipates that it will continue to General QM loans would still have to other rulemakings described in its disclose HMDA data in the manner meet the statutory criteria for QM status, Spring 2020 Agenda to articulate clear detailed in the 2018 final policy including restrictions related to loan rules of the road for regulated entities guidance. features, up-front costs, and The Bureau also issued an NPRM in that promote compliance with the law, underwriting. The Bureau also proposed May 2019 that would prescribe rules foster competition, increase in June 2020 to extend the Patch for a under Regulation F to govern the short period until the effective date of transparency, and preserve fair markets activities of debt collectors, as that term the proposed alternative or until one or for financial products and services. is defined under the Fair Debt Section 1071 of the Dodd-Frank Act more of the GSEs exits conservatorship, Collection Practices Act. The Bureau’s amended the Equal Credit Opportunity whichever comes first. This would help proposal would, among other things, Act to require, subject to rules ensure a smooth and orderly transition address communications in connection prescribed by the Bureau, financial away from the Patch by (among other with debt collection; interpret and apply institutions to collect, report, and make things) allowing the Bureau to complete prohibitions on harassment or abuse, this rulemaking and to avoid any gap public certain information concerning false or misleading representations, and between the expiration of the Patch and credit applications made by women- unfair practices in debt collection; and the effective date of the proposed owned, minority-owned, and small clarify requirements for certain alternative. Finally, in August 2020 the businesses. The Bureau hosted a consumer-facing debt collection Bureau proposed a new ‘‘seasoning’’ symposium on small business data disclosures. The proposal builds on the definition of QM. This definition would collection in November 2019 to Bureau’s research and pre-rulemaking create an alternative pathway to QM facilitate its decisionmaking. In activities regarding the debt collection safe-harbor status for certain mortgages addition, in July 2020, the Bureau market; the conduct of debt collectors when the borrower has consistently released a survey of lenders to obtain remains a top source of complaints to made timely payments for a period. The estimates of one-time costs lenders of the Bureau. The Bureau expects to issue Bureau expects to take final action on varying sizes would incur to collect and a final rule in October 2020 with regard each of these proposals later this year. report data pursuant to section 1071. In to the May 2019 NPRM. The Bureau has The Bureau is participating in September 2020, the Bureau released an also engaged in testing of time-barred interagency rulemaking processes with outline of proposals under debt disclosures that were not the focus the Board of Governors of the Federal consideration and alternatives of the May 2019 proposal. In early 2020, Reserve System, the Office of the considered in advance of convening a after completing the testing, the Bureau Comptroller of the Currency, the Federal panel under the Small Business published a supplemental NPRM related Deposit Insurance Corporation, the Regulatory Enforcement Fairness Act to time-barred debt disclosures. The National Credit Union Administration, (SBREFA), in conjunction with the Bureau expects to issue a final rule in and the Federal Housing Finance Office of Management and Budget and December 2020 addressing disclosures Agency to develop regulations to the Small Business Administration’s related to the validation notice and implement the amendments made by Chief Counsel for Advocacy, to obtain time-barred debt. the Dodd-Frank Act to the Financial feedback from representatives of small In July 2019, the Bureau issued an Institutions Reform, Recovery, and businesses on the likely impacts the ANPRM to solicit information about Enforcement Act of 1989 (FIRREA) rules the Bureau is considering possible amendments to the qualified concerning appraisals. The FIRREA proposing to implement section 1071 mortgage provisions of Regulation Z, amendments require implementing would have on small entities. The which implement provisions of TILA. regulations for quality control standards Bureau expects to convene a SBREFA With certain exceptions, Regulation Z for automated valuation models panel in October 2020 and consistent requires creditors to make a reasonable, (AVMs). These standards are designed with the Bureau’s statutory obligations good faith determination of a to ensure a high level of confidence in under SBREFA, will complete the panel consumer’s ability to repay any the estimates produced by the valuation report within 60 days of the panel’s residential mortgage loan, and loans that models, protect against the convening. meet Regulation Z’s requirements for manipulation of data, seek to avoid In addition, to consider concerns ‘‘qualified mortgages’’ obtain certain conflicts of interest, require random about possible unwarranted regulatory protections from liability. One category sample testing and reviews, and account burden, the Bureau also issued an of qualified mortgages (QMs) covers for any other such factor that the ANPRM in May 2019 concerning certain certain loans that are eligible for Agencies determine to be appropriate. data points that are reported under the purchase or guarantee by either the The Agencies will continue to work to 2015 Home Mortgage Disclosure Act Federal National Mortgage Association develop a proposed rule to implement (HMDA) rule and coverage of certain (Fannie Mae) or the Federal Home Loan the Dodd-Frank Act’s AVM business or commercial purpose loans. Mortgage Corporation (Freddie Mac). amendments to FIRREA. The Bureau expects to issue an NPRM Under Regulation Z, this category of The Bureau is continuing a in early 2021 to follow up on the QMs (Temporary GSE QM or ‘‘Patch’’ rulemaking to address the anticipated ANPRM. The Bureau also expects to loans) is scheduled to expire no later expiration of the LIBOR index, which issue an NPRM in early 2021 addressing than January 10, 2021. In June, the the UK Financial Conduct Authority has the public disclosure of HMDA data in Bureau proposed amendments to the stated that it cannot guarantee the light of consumer privacy interests, so definition of General QM that would publication of beyond the end of 2021. that stakeholders can concurrently move away from the 43 percent Debt-to- The Bureau’s work is designed to consider and comment on the collection Income (DTI) requirement and instead facilitate compliance by open-end and VerDate Sep<11>2014 23:31 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP22.SGM 31MRP22 jbell on DSKJLSW7X2PROD with PROPOSALS22 16996 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda closed-end creditors and to lessen the Bureau shall prescribe by rule standards activities. Possible topics for financial impact to consumers by to promote the development and use of consideration will be determined based providing examples of replacement standardized formats for information on the findings in the Bureau’s indices that meet Regulation Z made available to consumers. In assessment report as well as other input requirements. For creditors for home November 2016, the Bureau issued a the Bureau receives on the TRID rule. equity lines of credit (HELOCs) Request for Information seeking Second, the Bureau has commenced (including reverse mortgages) and card comment from the public to better research that focuses on providing issuers for credit card accounts, the rule understand the consumer benefits and information to consumers about the would facilitate the transition of risks associated with market costs associated with payday loans. The existing accounts to an alternative developments that rely on access to goal of this research is to identify index, beginning around March 2021, consumer financial account and possible ways the Bureau may be able well in advance of LIBOR’s anticipated account-related information. In October to improve consumer understanding expiration. The rule also would address 2017, the Bureau issued Consumer and aid consumer decisionmaking change-in-terms notice provisions for Protection Principles for Consumer- around payday loans through HELOCs and credit card accounts and Authorized Financial Data Sharing and rulemaking or other actions. The first how they apply to the transition away Aggregation to express the Bureau’s phase of this research involves from LIBOR, to ensure that consumers vision for the data aggregation market. qualitative testing, which the Bureau are informed of the replacement index The Bureau hosted a symposium on anticipates completing by the end of and any adjusted margin. To facilitate consumer authorized financial data September 2021. The results of the compliance by card issuers, the rule sharing in February 2020. In fall 2020, qualitative testing will inform the would address how the rate re- the Bureau expects to issue an Advance Bureau in deciding whether and how to evaluation provisions applicable to Notice of Proposed Rulemaking move forward with quantitative testing credit card accounts apply to the concerning consumer data access to that might support possible future transition from LIBOR to a replacement implement section 1033 of the Dodd- rulemaking or other actions related to index. This rulemaking will enable the Frank Act. payday loan disclosures. The Bureau is also actively reviewing Bureau to facilitate compliance by The Bureau has decided to add two creditors with Regulation Z as they existing regulations. Section 1022(d) of new items to its long-term regulatory transition away from LIBOR. The the Dodd-Frank Act requires the Bureau agenda. This portion of the agenda Bureau issued an NPRM in June 2020 to conduct an assessment of each focuses on potential regulatory actions and expects to issue a final rule in significant rule or order adopted by the that an agency may engage in beyond January 2021. Bureau under Federal consumer the current fiscal year. First, the Bureau financial law and publish a report of New Projects and Planning for Future is adding an entry related to its TILA/ each assessment not later than 5 years Rulemakings RESPA Integrated Disclosures (TRID) after the effective date of the subject The Bureau anticipates issuing an rule. The Dodd-Frank Act directed the matter or order. The Bureau expects to NPRM in spring 2021 to consider Bureau to integrate the mortgage complete an assessment of its TRID rule possible amendments to the Bureau’s disclosures required under TILA and and certain amendments in October mortgage servicing rules to address RESPA. In November 2013, the Bureau 2020. actions required of servicers working issued a final rule to implement this The Regulatory Flexibility Act (RFA) with borrowers affected by natural requirement (the TILA/RESPA also requires the Bureau to consider the disasters or other emergencies. In Integrated Disclosure or TRID rule). The effect on small entities of certain rules January 2013, the Bureau issued final Bureau amended the 2013 final rule on it promulgates. The Bureau published in mortgage servicing rules, pursuant to two occasions before its effective date, May 2019 its plan for conducting Regulations X and Z, implementing and the amended rule took effect on reviews, consistent with section 610 of numerous provisions of the Real Estate October 3, 2015. The Bureau the RFA, of certain regulations which Settlement Procedures Act (RESPA) and subsequently amended the 2013 final are believed to have a significant impact TILA, as amended by title XIV of the rule in July 2017 and April 2018. The on a substantial number of small Dodd-Frank Act. The Bureau has since July 2017 Amendments took effect on entities. Congress specified that the made various corrections, clarifications, October 10, 2017, and the April 2018 purpose of such reviews shall be to and other amendments to the January Amendments took effect on June 1, determine whether such rules should be 2013 rules. In June 2020, the Bureau 2018. As noted below, in October 2020 continued without change, or should be issued an Interim Final Rule (IFR) the Bureau will publish a report of its amended or rescinded, consistent with amending aspects of the mortgage assessment of the TRID rule, as the stated objectives of the applicable servicing rules to address the exigencies amended when the rule took effect in statutes, to minimize any significant of COVID–19. Comments received on October 2015, as required by section economic impact of the rules upon a the IFR and information gathered 1022(d) of the Dodd-Frank Act. The substantial number of such small through the Bureau’s market monitoring Bureau has received feedback—in entities. In August 2020 the Bureau suggest that the rules may need response to a November 2019 Request commenced its review pursuant to additional updates to address natural for Information in connection with the section 610 of the RFA of Regulation Z disasters or other emergencies. TRID rule assessment, the Bureau’s 2018 rules that implement the Credit Card Section 1033 of the Dodd-Frank Act Calls for Evidence, and other Bureau Accountability Responsibility and provides that, subject to rules prescribed outreach—suggesting that modifications Disclosure Act of 2009. Specifically, the by the Bureau, covered persons shall of aspects of the TRID rule may make Bureau will review an interim final make available to consumers, upon the rule more effective. As the Bureau rule and three final rules published by request, transaction data and other continues to monitor market the Board of Governors of the Federal information concerning a consumer developments, the Bureau will evaluate Reserve System (Board) from July 2009 financial product or service that the possible policy responses to issues to April 2011. consumer obtains from a covered identified, including potential Finally, as required by the Dodd- person. Section 1033 also states that the rulemaking, guidance, or other Frank Act, the Bureau is also continuing VerDate Sep<11>2014 23:31 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP22.SGM 31MRP22 jbell on DSKJLSW7X2PROD with PROPOSALS22 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16997 to monitor markets for consumer Bureau’s Division of Research, Markets, groups focused around specific markets financial products and services to and Regulations and specifically its which advance the Bureau’s market identify risks to consumers and the Markets Offices continuously monitor monitoring work. The Bureau’s market proper functioning of such markets. As market developments and risks to monitoring work assists in identifying discussed in a recent report by the consumers. The Bureau also has created issues for potential future rulemaking Government Accountability Office, the a number of cross-Bureau working work. CONSUMER FINANCIAL PROTECTION BUREAU—PRERULE STAGE Regulation Sequence No. Title Identifier No. 408 ...... Business Lending Data (Regulation B) ...... 3170–AA09 CONSUMER FINANCIAL PROTECTION BUREAU—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 409 ...... Debt Collection Rule ...... 3170–AA41 CONSUMER FINANCIAL PROTECTION offered and the types of data currently Action Date FR Cite BUREAU (CFPB) collected by lenders in this market, and the potential complexity, cost of, and Request for Infor- 05/15/17 82 FR 22318 Prerule Stage privacy issues related to, small business mation. 408. Business Lending Data (Regulation data collection. In November 2019, the Request for Infor- 09/14/17 B) Bureau hosted a symposium on small mation Com- business data collection to facilitate its ment Period E.O. 13771 Designation: Independent End. decision-making. The symposium Pre-rule Activity— 09/15/20 agency. explored how to efficiently collect Legal Authority: 15 U.S.C. 1691c–2 SBREFA Out- appropriate data without imposing line. Abstract: Section 1071 of the Dodd- unnecessary or undue costs that could Pre-rule Activity— 12/00/20 Frank Wall Street Reform and Consumer limit access to credit from existing SBREFA Re- Protection Act (Dodd-Frank Act) market participants or discourage new port. amended the Equal Credit Opportunity entrants into the market for small Act (ECOA) to require, subject to rules business credit. The information Regulatory Flexibility Analysis prescribed by the Bureau, financial received in response to the Request for Required: Yes. institutions to report information Information and the symposium will Agency Contact: Kristine Andreassen, concerning credit applications made by help the Bureau as it determines how to Office of Regulations, Consumer women-owned, minority-owned, and implement the statute efficiently while Financial Protection Bureau, small businesses. The amendments to minimizing burdens on lenders. In Washington, DC 20552, Phone: 202 435– ECOA made by the Dodd-Frank Act addition, in July 2020, the Bureau 7700. require that certain data be collected, released a survey of lenders to obtain RIN: 3170–AA09 maintained, and reported, including the estimates of one-time costs lenders of number of the application and date the varying sizes would incur to collect and application was received; the type and report data pursuant to section 1071. In CONSUMER FINANCIAL PROTECTION purpose of the loan or credit applied for; September 2020, the Bureau released an BUREAU (CFPB) the amount of credit applied for and outline of proposals under approved; the type of action taken with consideration and alternatives Final Rule Stage regard to each application and the date considered in advance of convening a 409. Debt Collection Rule of such action; the census tract of the panel under the Small Business principal place of business; the gross Regulatory Enforcement Fairness Act E.O. 13771 Designation: Independent annual revenue of the business; and the (SBREFA), in conjunction with the agency. race, sex, and ethnicity of the principal Office of Management and Budget and Legal Authority: 15 U.S.C. 1692l(d) owners of the business. The Dodd-Frank the Small Business Administration’s Abstract: In May 2019, the Bureau Act also provides authority for the Chief Counsel for Advocacy. Through issued a Notice of Proposed Rulemaking Bureau to require any additional data this SBREFA process, the Bureau will (NPRM), which would prescribe rules that the Bureau determines would aid in obtain feedback from representatives of under Regulation F to govern the fulfilling the purposes of this section. small businesses on the likely impacts activities of debt collectors, as that term The Bureau may adopt exceptions to the rules the Bureau is considering to is defined under the Fair Debt any requirement of section 1071 and implement section 1071 would have on Collection Practices Act (FDCPA). The may exempt any financial institution small entities. The Bureau convened a Bureau’s proposal would, among other from its requirements, as the Bureau SBREFA panel in October 2020 and things, address communications in deems necessary or appropriate to carry consistent with the Bureau’s statutory connection with debt collection; out section 1071’s purposes. The Bureau obligations under SBREFA, will interpret and apply prohibitions on issued a Request for Information in 2017 complete the panel report within 60 harassment or abuse, false or misleading seeking public comment on, among days of the panel’s convening. representations, and unfair practices in other things, the types of credit products Timetable: debt collection; and clarify requirements VerDate Sep<11>2014 23:31 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP22.SGM 31MRP22 jbell on DSKJLSW7X2PROD with PROPOSALS22 16998 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda for certain consumer-facing debt related to the validation notice and Action Date FR Cite collection disclosures. The proposal time-barred debt. builds on the Bureau’s research and pre- Timetable: Supplemental 03/03/20 85 FR 12672 rulemaking activities regarding the debt NPRM. Supplemental 03/27/20 85 FR 17299 collection market, including convening Action Date FR Cite a panel in August 2016 under the Small NPRM Com- ment Period Ex- ANPRM ...... 11/12/13 78 FR 67847 Business Regulatory Enforcement tended. ANPRM Comment 01/14/14 79 FR 2384 Fairness Act (SBREFA) in conjunction Supplemental 08/04/20 Period Ex- with the Office of Management and NPRM Com- tended. Budget and the Small Business ment Period Ex- ANPRM Comment 02/10/14 tended End. Administration’s Chief Counsel for Period End. Final Rule 1 ...... 11/00/20 Advocacy. The conduct of debt ANPRM Comment 02/28/14 Final Rule 2—Dis- 12/00/20 collectors remains a top source of Period Ex- closures. complaints to the Bureau. The Bureau tended End. expects to issue a final rule in October Pre-Rule Activ- 07/28/16 2020 with regard to the May 2019 ity—SBREFA Regulatory Flexibility Analysis NPRM. The Bureau has also engaged in Outline. Required: Yes. testing of time-barred debt disclosures NPRM ...... 05/21/19 84 FR 23274 Agency Contact: Kristin McPartland, that were not addressed in the May 2019 NPRM Comment 08/02/19 84 FR 37806 Office of Regulations, Consumer Period Ex- proposed rule. In early 2020, after Financial Protection Bureau, tended. Washington, DC 20552, Phone: 202 435– completing the testing, the Bureau NPRM Comment 08/19/19 issued a supplemental NPRM related to 7700. Period End. RIN: 3170–AA41 time-barred debt disclosures. The NPRM Comment 09/18/19 Bureau expects to issue a final rule in Period Ex- [FR Doc. 2021–04346 Filed 3–30–21; 8:45 am] December 2020 addressing disclosures tended End. BILLING CODE 4810–AM–P VerDate Sep<11>2014 23:31 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP22.SGM 31MRP22 jbell on DSKJLSW7X2PROD with PROPOSALS22 FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part XXIII Consumer Product Safety Commission Semiannual Regulatory Agenda VerDate Sep<11>2014 23:42 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP23.SGM 31MRP23 jbell on DSKJLSW7X2PROD with PROPOSALS23 17000 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda CONSUMER PRODUCT SAFETY regulatory requirements on small regulatory activity, including the COMMISSION businesses, small governmental objectives and legal basis for each; an organizations, and other small entities. approximate schedule of target dates, 16 CFR Chapter II Section 602 of the RFA requires each subject to revision, for the development agency to publish, twice a year, a or completion of each activity; and the Semiannual Regulatory Agenda regulatory flexibility agenda containing name and telephone number of an AGENCY: U.S. Consumer Product Safety ‘‘a brief description of the subject area agency official who is knowledgeable Commission. of any rule which the agency expects to about items in the agenda. ACTION: Semiannual regulatory agenda. propose or promulgate which is likely to The internet is the primary means for have a significant economic impact on disseminating the Unified Agenda. The SUMMARY: In this document, the a substantial number of small entities.’’ complete Unified Agenda will be Commission publishes its semiannual 5 U.S.C. 602. The agency must provide available online at: www.reginfo.gov, in regulatory flexibility agenda. In a summary of the nature of the rule, the a format that allows users to obtain addition, this document includes an objectives and legal basis for the rule, information from the agenda database. agenda of regulatory actions that the and an approximate schedule for acting Because agencies must publish in the Commission expects to be under on each rule for which the agency has Federal Register the regulatory development or review by the agency issued a notice of proposed rulemaking. flexibility agenda required by the RFA during the next year. This document Id. In addition, the regulatory flexibility (5 U.S.C. 602), the Commission’s meets the requirements of the agenda must contain the name and printed agenda entries include only: Regulatory Flexibility Act and Executive telephone number of an agency official Order 12866. who is knowledgeable about the items (1) Rules that are in the agency’s DATES: The Commission welcomes listed. Id. Agencies must attempt to regulatory flexibility agenda, in comments on the agenda and on the provide notice of their agendas to small accordance with the RFA, because they individual agenda entries. Submit entities and solicit their comments, by are likely to have a significant economic comments to the Division of the directly notifying them, or by including impact on a substantial number of small Secretariat on or before April 30, 2021. the agenda in publications that small entities; and ADDRESSES: Caption comments on the entities are likely to obtain. Id. (2) Rules that the agency has regulatory agenda, ‘‘Regulatory In addition, Executive Order 12866, identified for periodic review under Flexibility Agenda.’’ You can submit Regulatory Planning and Review (Sept. section 610 of the RFA. comments by email to: cpsc-os@ 30, 1993), requires each agency to The entries in the Commission’s cpsc.gov. You can also submit publish, twice a year, a regulatory printed agenda are limited to fields that comments by mail or delivery to the agenda of regulations under contain information that the RFA Division of the Secretariat, U.S. development or review during the next requires in an agenda. Additional Consumer Product Safety Commission, year. 58 FR 51735 (Oct. 4, 1993). The information on these entries is available Room 820, 4330 East-West Highway, Executive Order states that agencies in the Unified Agenda published on the Bethesda, MD 20814–4408. may combine this agenda with the internet. FOR FURTHER INFORMATION CONTACT: For regulatory flexibility agenda required The agenda reflects the Commission’s further information on the agenda, in under the RFA. The agenda required by assessment of the likelihood that the general, contact Meridith L. Kelsch, Executive Order 12866 must include all specified event will occur during the Office of the General Counsel, U.S. of the regulatory activities the agency next year; the precise dates for each Consumer Product Safety Commission, expects to be under development or rulemaking are uncertain. New 4330 East-West Highway, Bethesda, MD review during the next 12 months, information, changes of circumstances, 20814–4408, [email protected]. For regardless of whether they may have a or changes in the law, may alter further information regarding a significant economic impact on a anticipated timing. In addition, you particular item on the agenda, contact substantial number of small entities. should not infer from this agenda a final the person listed in the column titled, This agenda also includes regulatory determination by the Commission or its ‘‘Contact,’’ for that particular item. activities that the Commission listed in staff regarding the need for, or the SUPPLEMENTARY INFORMATION: The the spring 2020 agenda and has substance of, any rule or regulation. Regulatory Flexibility Act (RFA; 5 completed prior to publishing this U.S.C. 601–612) contains several agenda. Alberta E. Mills, provisions intended to reduce The agenda contains a brief Secretary, Consumer Product Safety unnecessary and disproportionate description and summary of each Commission. CONSUMER PRODUCT SAFETY COMMISSION—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 410 ...... Regulatory Options for Table Saws (Reg Plan Seq No. 124) ...... 3041–AC31 411 ...... Recreational Off-Road Vehicles ...... 3041–AC78 References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. CONSUMER PRODUCT SAFETY COMMISSION—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 412 ...... Portable Generators ...... 3041–AC36 VerDate Sep<11>2014 23:42 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP23.SGM 31MRP23 jbell on DSKJLSW7X2PROD with PROPOSALS23 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 17001 CONSUMER PRODUCT SAFETY COMMISSION—COMPLETED ACTIONS Regulation Sequence No. Title Identifier No. 413 ...... Standard for Gates and Other Enclosures ...... 3041–AD44 CONSUMER PRODUCT SAFETY rulemaking associated with ROVs. In Phone: 301 987–2225, Email: cpaul@ COMMISSION (CPSC) the FY 2020 Operating Plan, the cpsc.gov. Commission directed staff to prepare a RIN: 3041–AC78 Final Rule Stage rulemaking termination briefing 410. Regulatory Options for Table Saws package. Staff is working on a Regulatory Plan: This entry is Seq. rulemaking termination briefing CONSUMER PRODUCT SAFETY No. 124 in part II of this issue of the package. COMMISSION (CPSC) Federal Register. Timetable: RIN: 3041–AC31 Long-Term Actions Action Date FR Cite 411. Recreational Off-Road Vehicles 412. Portable Generators E.O. 13771 Designation: Independent Staff Sends 10/07/09 E.O. 13771 Designation: Independent agency. ANPRM Brief- agency. Legal Authority: 15 U.S.C. 2056; 15 ing Package to Legal Authority: 15 U.S.C. 2051 Commission. U.S.C. 2058 Abstract: In 2006, the Commission Commission Deci- 10/21/09 issued an advance notice of proposed Abstract: The Commission is sion. considering whether recreational off- rulemaking (ANPRM) under the ANPRM ...... 10/28/09 74 FR 55495 Consumer Product Safety Act (CPSA) road vehicles (ROVs) present an ANPRM Comment 12/22/09 74 FR 67987 unreasonable risk of injury that should Period Ex- concerning portable generators. The be regulated. Staff conducted testing tended. ANPRM discussed regulatory options and evaluation programs to develop Extended Com- 03/15/10 that could reduce deaths and injuries performance requirements addressing ment Period related to portable generators, vehicle stability, vehicle handling, and End. particularly those involving carbon occupant protection. In 2014, the Staff Sends 09/24/14 monoxide (CO) poisoning. In FY 2006, Commission issued an NPRM proposing NPRM Briefing staff awarded a contract to develop a Package to prototype generator engine with standards addressing vehicle stability, Commission. vehicle handling, and occupant reduced CO in the exhaust. Also, in FY Staff Sends Sup- 10/17/14 2006, staff entered into an interagency protection. Congress directed in fiscal plemental Infor- year 2016, and reaffirmed in subsequent mation on agreement (IAG) with the National fiscal year appropriations, that none of ROVs to Com- Institute of Standards and Technology the amounts made available by the mission. (NIST) to conduct tests with a generator, Appropriations Bill may be used to Commission Deci- 10/29/14 in both off-the-shelf and prototype finalize or implement the proposed sion. configurations, operating in the garage Safety Standard for Recreational Off- NPRM Published 11/19/14 79 FR 68964 attached to NIST’s test house. In FY Highway Vehicles until after the in Federal Reg- 2009, staff entered into a second IAG ister. National Academy of Sciences with NIST with the goal of developing NPRM Comment 01/23/15 80 FR 3535 CO emission performance requirements completes a study to determine specific Period Ex- information as set forth in the tended. for a possible proposed regulation that Appropriations Bill. Staff ceased work Extended Com- 04/08/15 would be based on health effects on a Final Rule briefing package and ment Period criteria. After additional staff and instead engaged the Recreational Off- End. contractor work, the Commission issued Highway Vehicle Association (ROHVA) Staff Sends Brief- 11/22/16 a notice of proposed rulemaking and Outdoor Power Equipment Institute ing Package (NPRM) in 2016, proposing a (OPEI) in the development of voluntary Assessing Vol- performance standard that would limit standards for ROVs. Staff conducted untary Stand- the CO emissions from operating ards to Com- portable generators. In 2018, two dynamic and static tests on ROVs, mission. shared test results with ROHVA and Commission Deci- 01/25/17 voluntary standards adopted different OPEI, and participated in the sion Not to Ter- CO mitigation requirements intended to development of revised voluntary minate. address the CO poisoning hazard standards to address staff’s concerns Staff Sends Brief- 11/00/20 associated with portable generators. with vehicle stability, vehicle handling, ing Package to Staff developed a simulation and and occupant protection. The voluntary Commission. analysis plan to evaluate the standards for ROVs were revised and effectiveness of those voluntary published in 2016 (ANSI/ROHVA 1– Regulatory Flexibility Analysis standards’ requirements. In 2019, the 2016 and ANSI/OPEI B71.9–2016). Staff Required: Yes. Commission sought public comments assessed the new voluntary standard Agency Contact: Caroleene Paul, on staff’s plan. Staff considered those requirements and prepared a Project Manager, Directorate for comments and revised the plan and is termination of rulemaking briefing Engineering Sciences, Consumer now executing it. In August 2020, staff package that was submitted to the Product Safety Commission, National submitted to the Commission a draft Commission on November 22, 2016. The Product Testing and Evaluation Center, notice of availability of the modified Commission voted not to terminate the 5 Research Place, Rockville, MD 20850, plan for evaluating the voluntary VerDate Sep<11>2014 23:42 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP23.SGM 31MRP23 jbell on DSKJLSW7X2PROD with PROPOSALS23 17002 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda standards; the Commission published Action Date FR Cite reduce the risk of injury associated with the notice of availability in August the product. The Commission issued a 2020. Staff Report on To Be Determined notice of proposed rulemaking (NPRM) Timetable: Evaluation of for gates and enclosures as part of this Voluntary series of standards for durable infant or Standards. Action Date FR Cite toddler products. Staff provided a final Staff Sent 07/06/06 Regulatory Flexibility Analysis rule briefing package to the Commission ANPRM to Required: Yes. in May 2020, and the Commission voted Commission. Agency Contact: Janet L. Buyer, to approve the final rule, which was Staff Sent Supple- 10/12/06 Project Manager, Directorate for published in the Federal Register in mental Material Engineering Sciences, Consumer July 2020. The final rule becomes to Commission. effective in July 2021. Commission Deci- 10/26/06 Product Safety Commission, National sion. Product Testing and Evaluation Center, Timetable: Staff Sent Draft 11/21/06 5 Research Place, Rockville, MD 20850, ANPRM to Phone: 301 987–2293, Email: jbuyer@ Action Date FR Cite Commission. cpsc.gov. ANPRM ...... 12/12/06 71 FR 74472 RIN: 3041–AC36 Staff Sends 06/19/19 ANPRM Comment 02/12/07 NPRM Briefing Period End. Package to Staff Releases 10/10/12 Commission. Research Re- CONSUMER PRODUCT SAFETY Commission Deci- 06/25/19 port for Com- COMMISSION (CPSC) sion. ment. NPRM ...... 07/08/19 84 FR 32346 NPRM ...... 11/21/16 81 FR 83556 Completed Actions Staff Sends Final 05/27/20 NPRM Comment 12/13/16 81 FR 89888 413. Standard for Gates and Other Rule Briefing Period Ex- Enclosures Package to tended. Public Hearing for 03/08/17 82 FR 8907 E.O. 13771 Designation: Independent Commission. Oral Comments. agency. Commission Deci- 06/02/20 NPRM Comment 04/24/17 Legal Authority: Pub. L. 110–314, sec. sion. Period End. 104 Final Rule ...... 07/06/20 85 FR 40100 Staff Sends No- 06/26/19 Abstract: Section 104 of the Consumer Final Rule Effec- 07/06/21 tive. tice of Avail- Product Safety Improvement Act of ability to the 2008 (CPSIA) requires the Commission Commission. Regulatory Flexibility Analysis Commission Deci- 07/02/19 to issue consumer product safety sion. standards for durable infant or toddler Required: Yes. Notice of Avail- 07/09/19 84 FR 32729 products. The Commission is directed to Agency Contact: Hope Nesteruk, ability. assess the effectiveness of applicable Project Manager, Directorate for Staff Sends No- 08/12/20 voluntary standards, and in accordance Engineering Sciences, Consumer tice of Avail- with the Administrative Procedure Act, ability to Com- Product Safety Commission, 5 Research promulgate consumer product safety Place, Rockville, MD 20850, Phone: 301 mission. standards that are the same as the Commission Deci- 08/19/20 987–2579, Email: [email protected]. voluntary standard or more stringent sion. RIN: 3041–AD44 Notice of Avail- 08/24/20 85 FR 52096 than the voluntary standard if the ability. Commission determines that more [FR Doc. 2021–04330 Filed 3–30–21; 8:45 am] stringent standards would further BILLING CODE 6355–01–P VerDate Sep<11>2014 23:42 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP23.SGM 31MRP23 jbell on DSKJLSW7X2PROD with PROPOSALS23 FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part XXIV Federal Communications Commission Semiannual Regulatory Agenda VerDate Sep<11>2014 23:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 17004 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda FEDERAL COMMUNICATIONS Unified Agenda of Major and Other Notice of Inquiry (NOI)—issued by the COMMISSION Significant Proceedings Commission when it is seeking information on a broad subject or trying 47 CFR Chapter I The Commission encourages public to generate ideas on a given topic. A participation in its rulemaking process. comment period is specified during Unified Agenda of Federal Regulatory To help keep the public informed of which all interested parties may submit and Deregulatory Actions—Fall 2020 significant rulemaking proceedings, the comments. Commission has prepared a list of Notice of Proposed Rulemaking AGENCY: Federal Communications important proceedings now in progress. (NPRM)—issued by the Commission Commission. The General Services Administration when it is proposing a specific change publishes the Unified Agenda in the ACTION: Semiannual regulatory agenda. to Commission rules and regulations. Federal Register in the spring and fall Before any changes are actually made, of each year. interested parties may submit written SUMMARY: Twice a year, in spring and comments on the proposed revisions. fall, the Commission publishes in the The following terms may be helpful in Further Notice of Proposed Federal Register a list in the Unified understanding the status of the proceedings included in this report: Rulemaking (FNPRM)—issued by the Agenda of those major items and other Commission when additional comment Docket Number—assigned to a significant proceedings under in the proceeding is sought. proceeding if the Commission has development or review that pertain to Memorandum Opinion and Order issued either a Notice of Proposed the Regulatory Flexibility Act (U.S.C. (MO&O)—issued by the Commission to Rulemaking or a Notice of Inquiry 602). The Unified Agenda also provides deny a petition for rulemaking, concerning the matter under the Code of Federal Regulations conclude an inquiry, modify a decision, consideration. The Commission has citations and legal authorities that or address a petition for reconsideration used docket numbers since January 1, govern these proceedings. The complete of a decision. 1978. Docket numbers consist of the last Unified Agenda will be published on Rulemaking (RM) Number—assigned two digits of the calendar year in which the internet in a searchable format at to a proceeding after the appropriate the docket was established plus a www.reginfo.gov. bureau or office has reviewed a petition sequential number that begins at 1 with for rulemaking, but before the ADDRESSES: Federal Communications the first docket initiated during a Commission has taken action on the Commission, 445 12th Street SW, calendar year (e.g., Docket No. 15–1 or petition. Washington, DC 20554. Docket No. 17–1). The abbreviation for Report and Order (R&O)—issued by the responsible bureau usually precedes FOR FURTHER INFORMATION CONTACT: the Commission to state a new or the docket number, as in ‘‘MB Docket Maura McGowan, Telecommunications amended rule or state that the No. 17–289,’’ which indicates that the Policy Specialist, Federal Commission rules and regulations will responsible bureau is the Media Bureau. Communications Commission, 445 12th not be revised. A docket number consisting of only five Street SW, Washington, DC 20554, (202) digits (e.g., Docket No. 29622) indicates Marlene H. Dortch, 418–0990. that the docket was established before Secretary, Federal Communications SUPPLEMENTARY INFORMATION: January 1, 1978. Commission. CONSUMER AND GOVERNMENTAL AFFAIRS BUREAU—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 414 ...... Rules and Regulations Implementing the Telephone Consumer Protection Act (TCPA) of 1991 (CG Dock- 3060–AI14 et No. 02–278). 415 ...... Rules and Regulations Implementing Section 225 of the Communications Act (Telecommunications Relay 3060–AI15 Service) (CG Docket No. 03–123). 416 ...... Structure and Practices of the Video Relay Service (VRS) Program (CG Docket No. 10–51) ...... 3060–AJ42 417 ...... Misuse of Internet Protocol (IP) Captioned Telephone Service; Telecommunications Relay Services and 3060–AK01 Speech-to-Speech Services; CG Docket No. 13–24. 418 ...... Advanced Methods to Target and Eliminate Unlawful Robocalls (CG Docket No. 17–59) ...... 3060–AK62 ECONOMICS—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 419 ...... Development of Nationwide Broadband Data to Evaluate Reasonable and Timely Deployment of Ad- 3060–AJ15 vanced Services to All Americans. 420 ...... Universal Service Reform Mobility Fund (WT Docket No. 10–208) ...... 3060–AJ58 421 ...... Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions (GN 3060–AJ82 Docket No. 12–268). VerDate Sep<11>2014 23:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 17005 OFFICE OF ENGINEERING AND TECHNOLOGY—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 422 ...... Encouraging the Provision of New Technologies and Services to the Public (GN Docket No. 18–22) ...... 3060–AK80 423 ...... Spectrum Horizon (ET Docket No. 18–21) ...... 3060–AK81 424 ...... Use of the 5.850–5.925 GHz Band (ET Docket No. 19–138) ...... 3060–AK96 INTERNATIONAL BUREAU—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 425 ...... International Settlements Policy Reform (IB Docket No. 11–80) ...... 3060–AJ77 426 ...... Update to Parts 2 and 25 Concerning NonGeostationary, Fixed-Satellite Service Systems, and Related 3060–AK59 Matters: IB Docket No. I6–408. 427 ...... Amendment of Parts 2 and 25 of the FCC Rules to Facilitate the Use of Earth Stations in Motion Commu- 3060–AK84 nicating With Geostationary Orbit Space Stations in FSS Bands: IB Docket No. 17–95. 428 ...... Further Streamlining Part 25 Rules Governing Satellite Services: IB Docket No. 18–314 ...... 3060–AK87 429 ...... Facilitating the Communications of Earth Stations in Motion With Non-Geostationary Orbit Space Stations: 3060–AK89 IB Docket No. 18–315. 430 ...... Mitigation of Orbital Debris in the New Space Age: IB Docket No. 18–313 ...... 3060–AK90 431 ...... Process Reform for Executive Branch Review of Certain FCC Applications and Petitions Involving Foreign 3060–AL12 Ownership (IB Docket No. 16–155). INTERNATIONAL BUREAU—COMPLETED ACTIONS Regulation Sequence No. Title Identifier No. 432 ...... Streamlining Licensing Procedures for Small Satellites; IB Docket No. 18–86 ...... 3060–AK88 MEDIA BUREAU—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 433 ...... Authorizing Permissive Use of the ‘‘Next Generation’’ Broadcast Television Standard (GN Docket No. 16– 3060–AK56 142). 434 ...... 2018 Quadrennial Regulatory Review of the Commission’s Broadcast Ownership Rules (MB Docket 18– 3060–AK77 349). 435 ...... Children’s Television Programming Rules (MB Docket 18–202) ...... 3060–AK78 436 ...... Amendment of Part 74 of the Commission’s Rules Regarding FM Translator Interference (MB Docket 18– 3060–AK79 119). 437 ...... Equal Employment Opportunity Enforcement (MB Docket 19–177) ...... 3060–AK86 438 ...... Revision of the Commission’s Part 76 Review Procedures (MB Docket No. 20–70) ...... 3060–AL08 439 ...... Significantly Viewed Stations (MB Docket No. 20–73) ...... 3060–AL09 440 ...... Promoting Broadcast Internet Innovation through ATSC 3.0 (MB Docket No. 20–145) ...... 3060–AL10 OFFICE OF MANAGING DIRECTOR—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 441 ...... Assessment and Collection of Regulatory Fees ...... 3060–AK64 PUBLIC SAFETY AND HOMELAND SECURITY BUREAU—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 442 ...... Wireless E911 Location Accuracy Requirements: PS Docket No. 07–114 ...... 3060–AJ52 443 ...... Improving Outage Reporting for Submarine Cables and Enhancing Submarine Cable Outage Data; GN 3060–AK39 Docket No. 15–206. 444 ...... Amendments to Part 4 of the Commission’s Rules Concerning Disruptions to Communications: PS Docket 3060–AK40 No. 15–80. 445 ...... New Part 4 of the Commission’s Rules Concerning Disruptions to Communications; ET Docket No. 04–35 3060–AK41 446 ...... Wireless Emergency Alerts (WEA): PS Docket No. 15–91 ...... 3060–AK54 447 ...... Blue Alert EAS Event Code ...... 3060–AK63 VerDate Sep<11>2014 23:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 17006 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda WIRELESS TELECOMMUNICATIONS BUREAU—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 448 ...... Amendment of Parts 1, 2, 22, 24, 27, 90, and 95 of the Commission’s Rules to Improve Wireless Cov- 3060–AJ87 erage Through the Use of Signal Boosters (WT Docket No. 10–4). 449 ...... Amendment of the Commission’s Rules Governing Certain Aviation Ground Station Equipment (Squitter) 3060–AJ88 (WT Docket Nos. 10–61 and 09–42). 450 ...... Promoting Technological Solutions to Combat Wireless Contraband Device Use in Correctional Facilities; 3060–AK06 GN Docket No. 13–111. 451 ...... Promoting Investment in the 3550–3700 MHz Band; GN Docket No. 17–258 ...... 3060–AK12 452 ...... Use of Spectrum Bands Above 24 GHz for Mobile Services—Spectrum Frontiers: WT Docket 10–112 ...... 3060–AK44 453 ...... Transforming the 2.5 GHz Band ...... 3060–AK75 454 ...... Expanding Flexible Use of the 3.7 to 4.2 GHz Band: GN Docket No. 18–122 ...... 3060–AK76 455 ...... Amendment of the Commission’s Rules to Promote Aviation Safety: WT Docket No. 19–140 ...... 3060–AK92 WIRELINE COMPETITION BUREAU—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 456 ...... Local Telephone Networks That LECs Must Make Available to Competitors ...... 3060–AH44 457 ...... Numbering Resource Optimization ...... 3060–AH80 458 ...... Jurisdictional Separations ...... 3060–AJ06 459 ...... Rural Call Completion; WC Docket No. 13–39 ...... 3060–AJ89 460 ...... Rates for Inmate Calling Services; WC Docket No. 12–375 ...... 3060–AK08 461 ...... Comprehensive Review of the Part 32 Uniform System of Accounts (WC Docket No. 14–130) ...... 3060–AK20 462 ...... Restoring Internet Freedom (WC Docket No. 17–108); Protecting and Promoting the Open Internet (GN 3060–AK21 Docket No. 14–28). 463 ...... Technology Transitions; GN Docket No 13–5, WC Docket No. 05–25; Accelerating Wireline Broadband 3060–AK32 Deployment by Removing Barriers to Infrastructure Investment; WC Docket No. 17–84. 464 ...... Implementation of the Universal Service Portions of the 1996 Telecommunications Act ...... 3060–AK57 465 ...... Toll Free Assignment Modernization and Toll Free Service Access Codes: WC Docket No. 17–192, CC 3060–AK91 Docket No. 95–155. 466 ...... Call Authentication Trust Anchor ...... 3060–AL00 467 ...... Implementation of the National Suicide Improvement Act of 2018 ...... 3060–AL01 468 ...... Modernizing Unbundling and Resale Requirements in an Era of Next-Generation Networks and Services 3060–AL02 469 ...... Eliminating Ex Ante Pricing Regulation and Tariffing of Telephone Access Charges (WC Docket 20–71) ... 3060–AL03 FEDERAL COMMUNICATIONS Action Date FR Cite Action Date FR Cite COMMISSION (FCC) Order Effective .... 08/25/03 Declaratory Ruling 05/09/13 Consumer and Governmental Affairs Order on Recon- 08/25/03 68 FR 50978 (release date). Bureau sideration. Declaratory Ruling 10/09/15 80 FR 61129 Long-Term Actions Order ...... 10/14/03 68 FR 59130 and Order. FNPRM ...... 03/31/04 69 FR 16873 NPRM ...... 05/20/16 81 FR 31889 414. Rules and Regulations Order ...... 10/08/04 69 FR 60311 Declaratory Ruling 07/05/16 Implementing the Telephone Consumer Order ...... 10/28/04 69 FR 62816 R&O ...... 11/16/16 81 FR 80594 Protection Act (TCPA) of 1991 (CG Order on Recon- 04/13/05 70 FR 19330 Declaratory Ruling 12/06/19 sideration. Docket No. 02–278) Declaratory Ruling 12/09/19 Order ...... 06/30/05 70 FR 37705 Order ...... 03/17/20 E.O. 13771 Designation: Independent NPRM ...... 12/19/05 70 FR 75102 agency. Public Notice ...... 04/26/06 71 FR 24634 Declaratory Ruling 03/20/20 Legal Authority: 47 U.S.C. 227 Order ...... 05/03/06 71 FR 25967 Declaratory Ruling 06/25/20 Abstract: In this docket, the NPRM ...... 12/14/07 72 FR 71099 Declaratory Ruling 06/25/20 Commission considers rules and Declaratory Ruling 02/01/08 73 FR 6041 and Order. policies to implement the Telephone R&O ...... 07/14/08 73 FR 40183 Order on Recon- 08/28/20 sideration. Consumer Protection Act of 1991 Order on Recon- 10/30/08 73 FR 64556 Next Action Unde- (TCPA). The TCPA places requirements sideration. NPRM ...... 03/22/10 75 FR 13471 termined. on robocalls (calls using an automatic R&O ...... 06/11/12 77 FR 34233 telephone dialing system, an autodialer, Public Notice ...... 06/30/10 75 FR 34244 Regulatory Flexibility Analysis a prerecorded or, an artificial voice), Public Notice (Re- 10/03/12 77 FR 60343 telemarketing calls, and unsolicited fax consideration Required: Yes. advertisements. Petitions Filed). Agency Contact: Kristi Thornton, Timetable: Announcement of 10/16/12 77 FR 63240 Deputy Division Chief, Federal Effective Date. Communications Commission, 445 12th Action Date FR Cite Opposition End 10/18/12 Street SW, Washington, DC 20554, Date. Phone: 202 418–2467, Email: NPRM ...... 10/08/02 67 FR 62667 Rule Corrections 11/08/12 77 FR 66935 FNPRM ...... 04/03/03 68 FR 16250 Declaratory Ruling 11/29/12 [email protected]. Order ...... I 07/25/03 I 68 FR 44144 (release date). RIN: 3060–AI14 VerDate Sep<11>2014 23:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 17007 415. Rules and Regulations Action Date FR Cite Action Date FR Cite Implementing Section 225 of the Communications Act Order ...... 03/14/07 72 FR 11789 Petition for Re- 12/16/13 78 FR 76096 (Telecommunications Relay Service) R&O ...... 08/06/07 72 FR 43546 consideration; (CG Docket No. 03–123) Public Notice ...... 08/16/07 72 FR 46060 Request for Order ...... 11/01/07 72 FR 61813 Comment. E.O. 13771 Designation: Independent Public Notice ...... 01/04/08 73 FR 863 Petition for Re- 12/16/13 78 FR 76097 agency. R&O/Declaratory 01/17/08 73 FR 3197 consideration; Legal Authority: 47 U.S.C. 151; 47 Ruling. Request for U.S.C. 154; 47 U.S.C. 225 Order ...... 02/19/08 73 FR 9031 Comment. Abstract: This proceeding continues Order ...... 04/21/08 73 FR 21347 Request for Clari- 12/30/13 78 FR 79362 the Commission’s inquiry into R&O ...... 04/21/08 73 FR 21252 fication; Re- improving the quality of Order ...... 04/23/08 73 FR 21843 quest for Com- Public Notice ...... 04/30/08 73 FR 23361 telecommunications relay service (TRS) ment; Correc- Order ...... 05/15/08 73 FR 28057 tion. and furthering the goal of functional Declaratory Ruling 07/08/08 73 FR 38928 equivalency, consistent with Congress’ Petition for Re- 01/10/14 FNPRM ...... 07/18/08 73 FR 41307 consideration mandate that TRS regulations encourage R&O ...... 07/18/08 73 FR 41286 Comment Pe- the use of existing technology and not Public Notice ...... 08/01/08 73 FR 45006 riod End. discourage or impair the development of Public Notice ...... 08/05/08 73 FR 45354 NPRM Comment 01/21/14 new technology. In this docket, the Public Notice ...... 10/10/08 73 FR 60172 Period End. Commission explores ways to improve Order ...... 10/23/08 73 FR 63078 Announcement of 07/11/14 79 FR 40003 emergency preparedness for TRS 2nd R&O and 12/30/08 73 FR 79683 Effective Date. Order on Re- Announcement of 08/28/14 79 FR 51446 facilities and services, new TRS consideration. Effective Date. technologies, public access to Order ...... 05/06/09 74 FR 20892 Correction—An- 08/28/14 79 FR 51450 information and outreach, and issues Public Notice ...... 05/07/09 74 FR 21364 related to payments from the Interstate NPRM ...... 05/21/09 74 FR 23815 nouncement of Effective Date. TRS Fund. Public Notice ...... 05/21/09 74 FR 23859 Timetable: Public Notice ...... 06/12/09 74 FR 28046 Technical Amend- 09/09/14 79 FR 53303 Order ...... 07/29/09 74 FR 37624 ments. Public Notice ...... 09/15/14 79 FR 54979 Action Date FR Cite Public Notice ...... 08/07/09 74 FR 39699 Order ...... 09/18/09 74 FR 47894 R&O and Order ... 10/21/14 79 FR 62875 NPRM ...... 08/25/03 68 FR 50993 Order ...... 10/26/09 74 FR 54913 FNPRM ...... 10/21/14 79 FR 62935 R&O, Order on 09/01/04 69 FR 53346 Public Notice ...... 05/12/10 75 FR 26701 FNPRM Comment 12/22/14 Reconsideration. Order Denying 07/09/10 Period End. FNPRM ...... 09/01/04 69 FR 53382 Stay Motion Final Action (An- 10/30/14 79 FR 64515 Public Notice ...... 02/17/05 70 FR 8034 (Release Date). nouncement of Declaratory Rul- 02/25/05 70 FR 9239 Order ...... 08/13/10 75 FR 49491 Effective Date). ing/Interpreta- Order ...... 09/03/10 75 FR 54040 Final Rule Effec- 10/30/14 tion. NPRM ...... 11/02/10 75 FR 67333 tive. Public Notice ...... 03/07/05 70 FR 10930 NPRM ...... 05/02/11 76 FR 24442 FNPRM ...... 11/08/15 80 FR 72029 Order ...... 03/23/05 70 FR 14568 Order ...... 07/25/11 76 FR 44326 FNPRM Comment 01/01/16 Public Notice/An- 04/06/05 70 FR 17334 Final Rule (Order) 09/27/11 76 FR 59551 Period End. nouncement of Final Rule; An- 11/22/11 76 FR 72124 Public Notice ...... 01/20/16 81 FR 3085 Date. nouncement of Public Notice 02/16/16 Order ...... 07/01/05 70 FR 38134 Effective Date. Comment Pe- Order on Recon- 08/31/05 70 FR 51643 Proposed Rule 02/28/12 77 FR 11997 riod End. sideration. (Public Notice). R&O ...... 03/21/16 81 FR 14984 R&O ...... 08/31/05 70 FR 51649 Proposed Rule 02/01/12 77 FR 4948 FNPRM ...... 08/24/16 81 FR 57851 Order ...... 09/14/05 70 FR 54294 (FNPRM). FNPRM Comment 09/14/16 Order ...... 09/14/05 70 FR 54298 First R&O ...... 07/25/12 77 FR 43538 Period End. Public Notice ...... 10/12/05 70 FR 59346 Public Notice ...... 10/29/12 77 FR 65526 NOI and FNPRM 04/12/17 82 FR 17613 Order on Recon- 12/26/12 77 FR 75894 R&O/Order on 12/23/05 70 FR 76208 NOI and FNPRM 05/30/17 sideration. Reconsideration. Comment Pe- Order ...... 02/05/13 78 FR 8030 Order ...... 12/28/05 70 FR 76712 riod End. Order ...... 12/29/05 70 FR 77052 Order (Interim 02/05/13 78 FR 8032 R&O ...... 04/13/17 82 FR 17754 NPRM ...... 02/01/06 71 FR 5221 Rule). R&O ...... 04/27/17 82 FR 19322 Declaratory Rul- 05/31/06 71 FR 30818 NPRM ...... 02/05/13 78 FR 8090 ing/Clarification. Announcement of 03/07/13 78 FR 14701 FNPRM ...... 04/27/17 82 FR 19347 FNPRM ...... 05/31/06 71 FR 30848 Effective Date. FNPRM Comment 07/11/17 FNPRM ...... 06/01/06 71 FR 31131 NPRM Comment 03/13/13 Period End. Declaratory Rul- 06/21/06 71 FR 35553 Period End. R&O ...... 06/23/17 82 FR 28566 ing/Dismissal of FNPRM ...... 07/05/13 78 FR 40407 Public Notice ...... 07/21/17 82 FR 33856 Petition. FNPRM Comment 09/18/13 Public Notice— 07/25/17 82 FR 34471 Clarification ...... 06/28/06 71 FR 36690 Period End. Correction. Declaratory Ruling 07/06/06 71 FR 38268 R&O ...... 07/05/13 78 FR 40582 Public Notice 07/31/17 on Reconsider- R&O ...... 08/15/13 78 FR 49693 Comment Pe- ation. FNPRM ...... 08/15/13 78 FR 49717 riod End. Order on Recon- 08/16/06 71 FR 47141 FNPRM Comment 09/30/13 Public Notice— 08/17/17 sideration. Period End. Correction MO&O ...... 08/16/06 71 FR 47145 R&O ...... 08/30/13 78 FR 53684 Comment Pe- Clarification ...... 08/23/06 71 FR 49380 FNPRM ...... 09/03/13 78 FR 54201 riod End. FNPRM ...... 09/13/06 71 FR 54009 NPRM ...... 10/23/13 78 FR 63152 R&O ...... 08/22/17 82 FR 39673 Final Rule; Clari- 02/14/07 72 FR 6960 FNPRM Comment 11/18/13 Announcement of 10/17/17 82 FR 48203 fication. Period End. Effective Date. VerDate Sep<11>2014 23:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 17008 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Action Date FR Cite program and threatened its long-term Action Date FR Cite viability. The Commission also Public Notice; Pe- 10/25/17 82 FR 49303 considers the most effective and Final Action (An- 10/30/14 79 FR 64515 tition for Recon- efficient way to make VRS available and nouncement of sideration. to determine what is the most fair, Effective Date). Oppositions Due 11/20/17 efficient, and transparent cost-recovery Final Rule Effec- 10/30/14 Date. tive. R&O and Declara- 06/27/18 83 FR 30082 methodology. In addition, the FNPRM ...... 11/18/15 80 FR 72029 tory Ruling. Commission looks at various ways to FNPRM Comment 02/01/16 FNPRM ...... 07/18/18 83 FR 33899 measure the quality of VRS so as to Period End. FNPRM Comment 11/15/18 ensure a better consumer experience. R&O ...... 03/21/16 81 FR 14984 Period End. Timetable: FNPRM ...... 08/24/16 81 FR 57851 Public Notice ...... 08/23/18 83 FR 42630 FNPRM Comment 09/14/16 Public Notice Op- 09/17/18 Action Date FR Cite Period End. position Period NOI and FNPRM 04/12/17 82 FR 17613 End. Declaratory Ruling 05/07/10 75 FR 25255 NOI and FNPRM 05/30/17 Announcement of 02/04/19 84 FR 1409 Declaratory Ruling 07/13/10 75 FR 39945 Comment Pe- Effective Date. Order ...... 07/13/10 75 FR 39859 riod End. R&O ...... 03/08/19 84 FR 8457 Notice of Inquiry .. 07/19/10 75 FR 41863 R&O ...... 04/13/17 82 FR 17754 FNPRM ...... 03/14/19 84 FR 9276 NPRM ...... 08/23/10 75 FR 51735 R&O ...... 04/27/17 82 FR 19322 FNPRM Comment 04/29/19 Interim Final Rule 02/15/11 76 FR 8659 FNPRM ...... 04/27/17 82 FR 19347 Period End. Public Notice ...... 03/02/11 76 R 11462 FNPRM Comment 07/01/17 R&O ...... 06/06/19 84 FR 26364 R&O ...... 05/02/11 76 FR 24393 Period End. FNPRM ...... 06/06/19 84 FR 26379 FNPRM ...... 05/02/11 76 FR 24437 Order ...... 06/23/17 82 FR 28566 Petition for Recon 06/18/19 84 FR 28264 NPRM ...... 05/02/11 76 FR 24442 Public Notice ...... 07/21/17 82 FR 33856 Request for R&O (Correction) 05/27/11 76 FR 30841 Public Notice 07/31/17 Comment. Order ...... 07/25/11 76 FR 44326 Comment Pe- Petition for Recon 07/15/19 2nd R&O ...... 08/05/11 76 FR 47469 riod End. Comment Pe- Order (Interim 08/05/11 76 FR 47476 Public Notice Cor- 07/25/17 82 FR 34471 riod End. Final Rule). rection. FNPRM Comment 08/05/19 Final Rule; An- 09/26/11 76 FR 59269 Public Notice Cor- 08/17/17 Period End. nouncement of rection Com- R&O ...... 01/06/20 85 FR 462 Effective Date. ment Period R&O ...... 01/09/20 85 FR 1125 Final Rule; Peti- 09/27/11 76 FR 59557 End. NPRM ...... 01/09/20 85 FR 1134 tion for Recon- R&O and Order ... 08/22/17 82 FR 39673 NPRM Comment 02/13/20 sideration; Pub- Announcement of 10/17/17 82 FR 48203 Period End. lic Notice. Effective Date. Announcement of 02/19/20 85 FR 9392 Oppositions Due 10/07/11 Public Notice; Pe- 10/25/17 82 FR 49303 Effective Date. Date. tition for Recon- Final Rule; re- 05/06/20 85 FR 26857 Final Rule; Clari- 10/31/11 76 FR 67070 sideration. moval of com- fication (MO&O). Oppositions Due 11/20/17 pliance notices. FNPRM ...... 10/31/11 76 FR 67118 Date. Report & Order ... 05/08/20 85 FR 27309 Interim Final Rule; 11/03/11 76 FR 68116 R&O ...... 06/06/19 84 FR 26364 Final Rule; correc- 08/26/20 85 FR 52489 Announcement FNPRM ...... 06/06/19 84 FR 26379 tion. of Effective FNPRM Comment 08/05/19 Next Action Unde- Date. Period End. termined. Final Rule; An- 11/04/11 76 FR 68328 Report & Order ... 05/08/20 85 FR 27309 nouncement of Next Action Unde- Regulatory Flexibility Analysis Effective Date. termined. Final Rule; An- 11/07/11 76 FR 68642 Required: Yes. nouncement of Agency Contact: Eliot Greenwald, Effective Date. Regulatory Flexibility Analysis Deputy Chief, Disability Rights Office, FNPRM Comment 12/30/11 Required: Yes. Federal Communications Commission, Period End. Agency Contact: Eliot Greenwald, 445 12th Street SW, Washington, DC FNPRM ...... 02/01/12 77 FR 4948 Deputy Chief, Disability Rights Office, 20554, Phone: 202 418–2235, Email: FNPRM Comment 03/19/12 Federal Communications Commission, [email protected]. Period End. 445 12th Street SW, Washington, DC RIN: 3060–AI15 Final Rule; Cor- 03/27/12 77 FR 18106 20554, Phone: 202 418–2235, Email: rection. [email protected]. 416. Structure and Practices of the Correcting 06/07/12 77 FR 33662 RIN: 3060–AJ42 Video Relay Service (VRS) Program Amendments. (CG Docket No. 10–51) Order (Release 07/25/12 417. Misuse of Internet Protocol (IP) Date). Captioned Telephone Service; E.O. 13771 Designation: Independent Correcting 10/04/12 77 FR 60630 Telecommunications Relay Services agency. Amendments. and Speech-to-Speech Services; CG Legal Authority: 47 U.S.C. 151; 47 Public Notice ...... 10/29/12 77 FR 65526 U.S.C. 154; 47 U.S.C. 225; 47 U.S.C. Comment Period 11/29/12 Docket No. 13–24 303(r) End. E.O. 13771 Designation: Independent Abstract: The Commission takes a FNPRM ...... 07/05/13 78 FR 40407 agency. fresh look at its VRS rules to ensure that R&O ...... 07/05/13 78 FR 40582 Legal Authority: 47 U.S.C. 151; 47 FNPRM Comment 09/18/13 it is available to and used by the full Period End. U.S.C. 154; 47 U.S.C. 225 spectrum of eligible users, encourages Public Notice ...... 09/11/13 78 FR 55696 Abstract: The Federal innovation, and is provided efficiently Public Notice ...... 09/15/14 79 FR 54979 Communications Commission (FCC) to be less susceptible to the waste, Comment Period 10/10/14 initiated this proceeding in its effort to fraud, and abuse that have plagued the End. ensure that Internet-Protocol Captioned VerDate Sep<11>2014 23:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 17009 Telephone Service (IP CTS) is provided Action Date FR Cite Action Date FR Cite effectively and in the most efficient manner. In doing so, the FCC adopted Announcement of 02/19/20 85 FR 9392 Public Notice 01/24/20 rules to address certain practices related Effective Date. Seeking Com- to the provision and marketing of IP Final Rule; re- 05/06/20 85 FR 26857 ment on Reas- CTS, as well as compensation of TRS moval of com- signed Num- pliance notes. bers. providers. IP CTS is a form of relay Final Rule; correc- 08/26/20 85 FR 52489 Public Notice 02/26/20 service designed to allow people with tion. Seeking Com- hearing loss to speak directly to another Next Action Unde- ment on RND party on a telephone call and to termined. Cost/Fee Struc- simultaneously listen to the other party ture. and read captions of what that party is Regulatory Flexibility Analysis Public Notice Es- 04/16/20 tablishing saying over an IP-enabled device. To Required: Yes. ensure that IP CTS is provided Guidelines for Agency Contact: Eliot Greenwald, efficiently to persons who need to use RND. Deputy Chief, Disability Rights Office, Report ...... 06/25/20 this service, the Commission adopted Federal Communications Commission, 3rd NPRM Com- 06/26/20 rules establishing several requirements 445 12th Street SW, Washington, DC ment Date. and issued an FNPRM to address 20554, Phone: 202 418–2235, Email: Announcement of 06/26/20 85 FR 38334 additional issues. [email protected]. Compliance Timetable: Dates. RIN: 3060–AK01 3rd R&O, Order of 07/31/20 85 FR 46063 Action Date FR Cite 418. Advanced Methods To Target and Reconsider- Eliminate Unlawful Robocalls (CG ation, 4th NPRM ...... 02/05/13 78 FR 8090 FNPRM. Order (Interim 02/05/13 78 FR 8032 Docket No. 17–59) Next Action Unde- Rule). termined. Order ...... 02/05/13 78 FR 8030 E.O. 13771 Designation: Independent Announcement of 03/07/13 78 FR 14701 agency. Effective Date. Legal Authority: 47 U.S.C. 201 and Regulatory Flexibility Analysis NPRM Comment 03/12/13 202; 47 U.S.C. 227; 47 U.S.C. 251(e) Required: Yes. Period End. Abstract: The Telephone Consumer Agency Contact: Karen Schroeder, R&O ...... 08/30/13 78 FR 53684 Associate Division Chief, Federal FNPRM ...... 09/03/13 78FR 54201 Protection Act of 1991 restricts the use FNPRM Comment 11/18/13 of robocalls autodialed or prerecorded Communications Commission, 445 12th Period End. calls in certain instances. In CG Docket Street SW, Washington, DC 20554, Petition for Re- 12/16/13 78 FR 76097 No. 17–59, the Commission considers Phone: 202 418–0654, Email: consideration rules and policies aimed at eliminating [email protected]. Request for unlawful robocalling. Among the issues Jerusha Burnett, Attorney Advisor, Comment. it examines in this docket are whether Federal Communications Commission, Petition for Re- 01/10/14 to allow carriers to block calls that consideration 445 12th Street SW, Washington, DC Comment Pe- purport to be from unallocated or 20554, Phone: 202 418–0526, Email: riod End. unassigned phone numbers through the [email protected]. use of spoofing, whether to allow Announcement of 07/11/14 79 FR 40003 RIN: 3060–AK62 Effective Date. carriers to block calls based on their Announcement of 08/28/14 79 FR 51446 own analyses of which calls are likely Effective Date. to be unlawful and whether to establish Correction—An- 08/28/14 79 FR 51450 a database of reassigned phone numbers FEDERAL COMMUNICATIONS nouncement of to help prevent robocalls to consumers, COMMISSION (FCC) Effective Date. who did not consent to such calls. Technical Amend- 09/09/14 79 FR 53303 Economics ments. Timetable: R&O and Declara- 06/27/18 83 FR 30082 Long-Term Actions tory Ruling. Action Date FR Cite 419. Development of Nationwide FNPRM ...... 07/18/18 83 FR 33899 Broadband Data To Evaluate Public Notice ...... 08/23/18 83 FR 42630 NPRM/NOI ...... 05/17/17 82 FR 22625 Public Notice Op- 09/17/18 2nd NOI ...... 07/13/17 Reasonable and Timely Deployment of position Period NPRM Comment 07/31/17 Advanced Services to All Americans End. Period End. FNPRM Comment 11/15/18 FNPRM ...... 01/08/18 83 FR 770 E.O. 13771 Designation: Independent Period End. R&O ...... 01/12/18 83 FR 1566 agency. Announcement of 02/04/19 84 FR 1409 2nd FNPRM ...... 04/23/18 83 FR 17631 Legal Authority: 15 U.S.C. 251; 47 Effective Date. 2nd FNPRM 06/07/18 U.S.C. 252; 47 U.S.C. 257; 47 U.S.C. 271; Comment Pe- R&O ...... 03/08/19 84 FR 8457 47 U.S.C. 1302; 47 U.S.C. 160(b); 47 FNPRM ...... 03/14/19 84 FR 9276 riod End. FNPRM Comment 04/29/19 2nd FNPRM 07/09/18 U.S.C. 161(a)(2) Period End. Reply Comment Abstract: The Report and Order Petition for Recon 06/18/19 84 FR 28264 Period End. streamlined and reformed the Request for 2nd R&O ...... 03/26/19 84 FR 11226 Commission’s Form 477 Data Program, Comment. 3rd FNPRM ...... 06/24/19 84 FR 29478 which is the Commission’s primary tool Declaratory Ruling 06/24/19 84 FR 29387 Petition for Recon 07/15/19 to collect data on broadband and Comment Pe- Public Notice 12/30/19 riod End. Seeking Input telephone services. R&O ...... 01/06/20 85 FR 462 on Report. Timetable: VerDate Sep<11>2014 23:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 17010 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Action Date FR Cite final list of areas eligible for funding relinquished rights as determined by an through the MF–II auction. auction, of the proceeds of bidding for NPRM ...... 05/16/07 72 FR 27519 Timetable: the new licenses. In addition to granting Order ...... 07/02/08 73 FR 37861 the Commission general authority to Order ...... 10/15/08 73 FR 60997 Action Date FR Cite conduct incentive auctions, the NPRM ...... 02/08/11 76 FR 10827 Spectrum Act requires the Commission Order ...... 06/27/13 78 FR 49126 NPRM ...... 10/14/10 75 FR 67060 to conduct an incentive auction of NPRM ...... 08/24/17 82 FR 40118 NPRM Comment 01/18/11 NPRM Comment 09/25/17 Period End. broadcast TV spectrum and sets forth Period End. R&O ...... 11/29/11 76 FR 73830 special requirements for such an NPRM Reply 10/10/17 FNPRM ...... 12/16/11 76 FR 78384 auction. Comment Pe- R&O ...... 12/28/11 76 FR 81562 The Spectrum Act requires that the riod End. 2nd R&O ...... 07/03/12 77 FR 39435 BIA consist of a reverse auction ‘‘to R&O and FNPRM 08/22/19 84 FR 43764 4th Order on 08/14/12 77 FR 48453 determine the amount of compensation Next Action Unde- Recon. that each broadcast television licensee termined. FNPRM ...... 07/09/14 79 FR 39196 would accept in return for voluntarily R&O, Declaratory 07/09/14 79 FR 39163 Ruling, Order, relinquishing some or all of its spectrum Regulatory Flexibility Analysis usage rights’’ and a forward auction of Required: Yes. MO&O, and 7th Order on Recon. licenses in the reallocated spectrum for Agency Contact: Suzanne Mendez, FNPRM Comment 09/08/14 flexible-use services, including mobile Program Analyst, OEA, Federal Period End. broadband. Broadcast television Communications Commission, 445 12th R&O ...... 10/07/16 81 FR 69696 licensees who elected to voluntarily Street SW, Washington, DC 20554, FNPRM ...... 10/07/16 81 FR 69772 participate in the auction had three Phone: 202 418–0941, Email: FNPRM ...... 03/13/17 82 FR 13413 bidding options: Go off-the-air, share [email protected]. R&O ...... 03/28/17 82 FR 15422 spectrum with another broadcast RIN: 3060–AJ15 R&O Correction ... 04/04/17 82 FR 16297 Order on Recon 09/08/17 82 FR 42473 television licensee, or move channels to 420. Universal Service Reform Mobility and 2nd R&O. the upper or lower VHS band in Fund (WT Docket No. 10–208) 2nd Order on 04/25/18 83 FR 17934 exchange for receiving part of the Recon. proceeds from auctioning that spectrum E.O. 13771 Designation: Independent Order and MO&O 08/30/18 83 FR 44241 to wireless providers. The Spectrum Act agency. NPRM ...... 08/30/18 83 FR 44254 also authorized the Commission to Legal Authority: 47 U.S.C. 151; 47 3rd R&O ...... 03/06/19 84 FR 8003 reorganize the 600 MHz band following U.S.C. 154(i); 47 U.S.C. 155; 47 U.S.C. Next Action Unde- the BIA including, as necessary, 160; 47 U.S.C. 201; 47 U.S.C. 205; 47 termined. reassigning full power and Class A U.S.C. 225; 47 U.S.C. 254; 47 U.S.C. 301; television stations to new channels in Regulatory Flexibility Analysis 47 U.S.C. 303; 47 U.S.C. 303(c); 47 order to clear the spectrum sold in the Required: Yes. U.S.C. 303(f); 47 U.S.C. 303(r); 47 U.S.C. Agency Contact: Audra Hale-Maddox, BIA. That post-auction reorganization 303(y); 47 U.S.C. 309; 47 U.S.C. 310 Attorney Advisor, Federal (known as the repack) is currently Abstract: This proceeding establishes Communications Commission, 445 12th underway and all of the stations who the Mobility Fund, which the Street SW, Washington, DC 20554, were assigned new channels are Commission is implementing in two Phone: 202 418–2109, Email: scheduled to have vacated their pre- phases. Mobility Fund Phase I consisted [email protected]. auction channels by July 3, 2020, of two reverse auctions that provided RIN: 3060–AJ58 pursuant to a 10-phase transition initial infusions of funds toward solving schedule adopted by the Commission. persistent gaps in mobile services 421. Expanding the Economic and In May 2014, the Commission through targeted, one-time support for Innovation Opportunities of Spectrum adopted a Report and Order that laid out the build-out of current and next- Through Incentive Auctions (GN the general framework for the BIA. The generation wireless infrastructure in Docket No. 12–268) auction started on March 29, 2016, with areas where these services are E.O. 13771 Designation: Independent the submission of initial commitments unavailable. The Mobility Fund Phase II agency. by eligible broadcast licensees. The BIA (MF–II) reverse auction aims to provide Legal Authority: 47 U.S.C. ended on April 13, 2017, with the support funds over a 10-year term to 309(j)(8)(G); 47 U.S.C. 1452 release of the Auction Closing and support build-out of current and next- Abstract: In February 2012, the Channel Reassignment Public Notice generation wireless infrastructure in Middle Class Tax Relief and Job that also marked the start of the 39- areas where unsubsidized services are Creation Act was enacted (Pub. L. 112– month transition period during which unavailable. MF–II began with a one- 96, 126 Stat. 156 (2012)). Title VI of that 987 of the full power and Class A time collection of existing wireless statute, commonly known as the television stations remaining on-the-air broadband coverage data from current Spectrum Act, provides the Commission will transition their stations to their providers to determine the areas in with the authority to conduct incentive post-auction channel assignments in the which qualified service has been auctions to meet the growing demand reorganized television band. Pursuant to deployed, which data was used to create for wireless broadband. Pursuant to the the Spectrum Act, the Commission will a map of areas presumptively eligible Spectrum Act, the Commission may reimburse 957 of those full power and for MF–II support. Entities could conduct incentive auctions that will Class A stations for the reasonable costs challenge asserted unsubsidized 4G LTE offer new initial spectrum licenses associated with relocating to their post- coverage through the Mobility Fund subject to flexible-use service rules on auction channel assignments and will Phase II challenge process, and spectrum made available by licensees reimburse multichannel video providers may file response data that voluntarily relinquish some or all of programming distributors for their costs countering challenges. The results of the their spectrum usage rights in exchange associated with continuing to carry the challenge process will determine the for a portion, based on the value of the signals of those stations. VerDate Sep<11>2014 23:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 17011 In March 2018, the Consolidated deployment of many new technologies Action Date FR Cite Appropriations Act (Pub. L. 115–141, at and services to the public, the Div. E, Title V, 511, 132 Stat. 348 (2018), Commission has at times been slow to NPRM ...... 04/02/18 83 FR 13888 codified at 47 U.S.C. 1452(j)–(n)) (the identify and take action to ensure that ANPRM Comment 05/02/18 Reimbursement Expansion Act or REA), important new technologies or services Period End. extended the deadline for are made available as quickly as R&O ...... 06/14/19 84 FR 25685 reimbursement of eligible entities from possible. The Commission has sought to Next Action Unde- April 2020 to no later than July 3, 2023, overcome these impediments by termined. and also expanded the universe of streamlining many of its processes but entities eligible for reimbursement to all too often regulatory delays can Regulatory Flexibility Analysis include low-power television stations adversely impact newly proposed Required: Yes. and TV translator stations displaced by technologies or services. Agency Contact: Michael Ha, Deputy the BIA for their reasonably incurred Timetable: Division Chief, Federal costs to relocate to a new channel, and Communications Commission, 445 12th FM broadcast stations for their Action Date FR Cite Street SW, Washington, DC 20554, reasonably incurred costs for facilities Phone: 201 418–2099, Email: necessary to reasonably minimize NPRM ...... 04/04/18 83 FR 14395 [email protected]. disruption of service as a result of the Comment Period 05/04/18 post-auction reorganization of the End. RIN: 3060–AK81 Next Action Unde- television band. On March 15, 2019, the termined. 424. Use of the 5.850–5.925 GHz Band Commission adopted a Report and (ET Docket No. 19–138) Order setting rules for the Regulatory Flexibility Analysis reimbursement of eligible costs to those Required: Yes. E.O. 13771 Designation: Independent newly eligible entities. agency. Timetable: Agency Contact: Paul Murray, Attorney Advisor, Federal Legal Authority: 47 U.S.C. 1; 47 U.S.C. Action Date FR Cite Communications Commission, Office of 4(i); 47 U.S.C.301; 47 U.S.C.302; 47 Engineering and Technology, 445 12th U.S.C.303; 47 U.S.C.316; 47 U.S.C.332; NPRM ...... 11/21/12 77 FR 69933 Street SW, Washington, DC 20554, 47 CFR 1.411 R&O ...... 08/15/14 79 FR 48441 Phone: 202 418–0688, Fax: 202 418– Abstract: In this proceeding, the Final Rule ...... 10/11/17 82 FR 47155 7447, Email: [email protected]. NPRM ...... 08/27/18 83 FR 43613 Commission proposes to amend its rules R&O ...... 03/26/19 84 FR 11233 RIN: 3060–AK80 for the 5.850–5.925 GHz (5.9 GHz) band. Next Action Unde- 423. Spectrum Horizon (ET Docket No. The proposal would permit unlicensed termined. 18–21) devices to operate in the lower 45- megahertz portion of the band at 5.850– Regulatory Flexibility Analysis E.O. 13771 Designation: Independent 5.895 GHz under part 15 of the Required: Yes. agency. Commission’s rules. It would also Agency Contact: Jean L. Kiddoo, Legal Authority: 47 U.S.C. 151 and permit Intelligent Transportation Chair, Incentive Auction Task Force, 152; 47 U.S.C. 154; 47 U.S.C. 157; 47 System (ITS) operations in the upper 30- Federal Communications Commission, U.S.C. 201; 47 U.S.C. 301; 47 U.S.C. megahertz portion of the band at 5.895– 445 12th Street SW, Washington, DC 302(a); 47 U.S.C. 303; 47 U.S.C. 307; 47 5.925 GHz under parts 90 and 95 of the 20554, Phone: 202 418–7757, Email: U.S.C. 310; 47 U.S.C. 332; sec. 76 of Commission’s rules. ITS operations [email protected]. 1996 Telecom Act, as amended, 47 would consist of Cellular Vehicle to RIN: 3060–AJ82 U.S.C. 302 and sec. 1.411 Everything (C–V2X) devices at 5.905– Abstract: In this proceeding, the FCC 5.925 GHz, and C–V2X and/or seeks to implement a plan to make the Dedicated Short Range Communications FEDERAL COMMUNICATIONS spectrum above 95 GHz more readily (DSRC) devices at 5.895–5.905 GHz. accessible for new innovative services COMMISSION (FCC) Timetable: and technologies. Throughout its Office of Engineering and Technology history, when the Commission has Action Date FR Cite Long-Term Actions expanded access to what was thought to be the upper reaches of the usable NPRM ...... 02/06/20 85 FR 6841 422. Encouraging the Provision of New spectrum, new technological advances NPRM Comment 03/09/20 Technologies and Services to the Public have emerged to push the boundary of Period End. (GN Docket No. 18–22) usable spectrum even further. The Next Action Unde- E.O. 13771 Designation: Independent frequencies above 95 GHz are today’s termined. agency. spectrum horizons. The Notice sought Legal Authority: 47 U.S.C. 151; 47 comment on proposed rules to permit Regulatory Flexibility Analysis U.S.C. 154(i); 47 U.S.C. 154(3) licensed fixed point-to-point operations Required: Yes. Abstract: In this proceeding, the FCC in a total of 102.2 gigahertz of spectrum; Agency Contact: Howard Griboff, seeks to establish rules describing on making 15.2 gigahertz of spectrum Attorney Advisor, Federal guidelines and procedures to implement available for unlicensed use; and on the stated policy goal of section 7 to creating a new category of experimental Communications Commission, Office of encourage the provision of new licenses to increase opportunities for Engineering and Technology, 445 12th technologies and services to the public. entities to develop new services and Street SW, Washington, DC 20554, Although the forces of competition and technologies from 95 GHz to 3 THz with Phone: 202 418–0657, Fax: 202 418– technological growth work together to no limits on geography or technology. 2824, Email: [email protected]. enable the development and Timetable: RIN: 3060–AK96 VerDate Sep<11>2014 23:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 17012 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda FEDERAL COMMUNICATIONS Division, Federal Communications Legal Authority: 47 U.S.C. 154(i); 47 COMMISSION (FCC) Commission, International Bureau, 445 U.S.C. 157(a); 47 U.S.C. 303; 47 U.S.C. 12th Street SW, Washington, DC 20554, 308(b); 47 U.S.C. 316 International Bureau Phone: 202 418–7443, Fax: 202 418– Abstract: In June 2017, the Long-Term Actions 2824, Email: [email protected]. Commission began a rulemaking to RIN: 3060–AJ77 streamline, consolidate, and harmonize 425. International Settlements Policy rules governing earth stations in motion Reform (IB Docket No. 11–80) 426. Update to Parts 2 and 25 (ESIMs) used to provide satellite-based E.O. 13771 Designation: Independent Concerning Nongeostationary, Fixed- services on ships, airplanes and vehicles agency. Satellite Service Systems, and Related communicating with geostationary- Legal Authority: 47 U.S.C. 151 to 152; Matters: IB Docket No. I6–408 satellite orbit (GSO), fixed-satellite 47 U.S.C. 154; 47 U.S.C. 201 to 205; 47 E.O. 13771 Designation: Independent service (FSS) satellite systems. In U.S.C. 208; 47 U.S.C. 211; 47 U.S.C. 214; agency. September 2018, the Commission 47 U.S.C. 303(r); 47 U.S.C. 309; 47 Legal Authority: 47 U.S.C. 154(i); 47 adopted rules governing U.S.C. 403 U.S.C. 303; 47 U.S.C. 316 communications of ESIMs with GSO Abstract: The FCC is reviewing the Abstract: On January 11, 2017, the satellites. These rules addressed International Settlements Policy (ISP). It Commission began a rulemaking to communications in the conventional governs the ways U.S. carriers negotiate update its rules and policies concerning C-, Ku-, and Ka-bands, as well as with foreign carriers for the exchange of non-geostationary-satellite orbit portions of the extended Ku-band. At international traffic and is the structure (NGSO), fixed-satellite service (FSS) the same time, the Commission also by which the Commission has sought to systems and related matters. The released a Further Notice of Proposed respond to concerns that foreign carriers Rulemaking that sought comment on proposed changes would, among other with market power are able to take allowing ESIMs to operate in all of the things, provide for more flexible use of advantage of the presence of multiple frequency bands in which earth stations the 17.8–20.2 GHz bands for FSS, U.S. carriers serving a particular market. at fixed locations operating in GSO FSS promote shared use of spectrum among In 2011, the FCC released an NPRM that satellite networks can be blanket- NGSO FSS satellite systems, and proposed to further deregulate the licensed. Specifically, comment was remove unnecessary design restrictions international telephony market and sought on expanding the frequencies on NGSO FSS systems. The Commission enable U.S. consumers to enjoy available for communications of ESIMs subsequently adopted a Report and competitive prices when they make with GSO FSS satellites to include the Order establishing new sharing criteria calls to international destinations. First, following frequency bands: 10.7–10.95 among NGSO FSS systems and it proposed to remove the ISP from all GHz, 11.2–11.45 GHz, 17.8–18.3 GHz, providing additional flexibility for FSS international routes except Cuba. 18.8–19.3 GHz, 19.3–19.4 GHz, 19.6– spectrum use. The Commission also Second, the FCC sought comment on a 19.7 GHz (space-to-Earth); and 28.6– released a Further Notice of Proposed proposal to enable the Commission to 29.1 GHz (Earth-to-space). Rulemaking proposing to remove the better protect U.S. consumers from the Timetable: domestic coverage requirement for effects of anticompetitive conduct by NGSO FSS systems. foreign carriers in instances Action Date FR Cite necessitating Commission intervention. Timetable: NPRM ...... 06/16/17 82 FR 27652 In 2012, the FCC adopted a Report and Action Date FR Cite NPRM Comment 08/30/17 Order that eliminated the ISP on all Period End. routes but maintained the NPRM ...... 01/11/17 82 FR 3258 OMB-approval for 08/28/18 nondiscrimination requirement of the NPRM Comment 04/10/17 Information Col- ISP on the U.S.-Cuba route and codified Period End. lection of R&O it in 47 CFR 63.22(f). In the Report and FNPRM ...... 11/15/17 82 FR 52869 Comment Pe- Order, the FCC also adopted measures R&O ...... 12/18/17 82 FR 59972 riod End. to protect U.S. consumers from FNPRM Comment 01/02/18 FNPRM ...... 07/24/20 85 fr 44818 R&O ...... 07/24/20 85 FR 44772 anticompetitive conduct by foreign Period End. Next Action Unde- FNPRM Comment 09/22/20 carriers. In 2016, the FCC released an termined. Period End. FNPRM seeking comment on removing Next Action Unde- the discrimination requirement on the Regulatory Flexibility Analysis termined. U.S.-Cuba route. Required: Yes. Timetable: Regulatory Flexibility Analysis Agency Contact: Clay DeCell, Required: Yes. Action Date FR Cite Attorney Advisor, Federal Agency Contact: Cindy Spiers, Communications Commission, 445 12th Attorney Advisor, Federal NPRM ...... 05/13/11 76 FR 42625 Street SW, Washington, DC 20554, Communications Commission, 445 12th NPRM Comment 09/02/11 Phone: 202 418–0803, Email: Period End. Street SW, Washington, DC 20554, [email protected]. Phone: 202 418–1593, Email: Report and Order 02/15/13 78 FR 11109 RIN: 3060–AK59 FNPRM ...... 03/04/16 81 FR 11500 [email protected]. FNPRM Comment 04/18/16 427. Amendment of Parts 2 and 25 of RIN: 3060–AK84 Period End. the FCC Rules To Facilitate the Use of 428. Further Streamlining Part 25 Rules Next Action Unde- Earth Stations in Motion termined. Governing Satellite Services: IB Docket Communicating With Geostationary No. 18–314 Orbit Space Stations in FSS Bands: IB Regulatory Flexibility Analysis E.O. 13771 Designation: Independent Docket No. 17–95 Required: Yes. agency. Agency Contact: David Krech, Assoc. E.O. 13771 Designation: Independent Legal Authority: 47 U.S.C. 154(i); 47 Chief, Telecommunications & Analysis agency. U.S.C. 161; 47 U.S.C. 303; 47 U.S.C. 316 VerDate Sep<11>2014 23:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 17013 Abstract: Under the Commission’s communications of ESIMs with GSO for geostationary orbit satellite (GSO) rules, satellite operators must follow FSS satellites (with the exception of the license term extension requests, and separate application and authorization 18.6–18.8 GHz and 29.25–29.5 GHz consideration of disclosure processes for the satellites and earth frequency bands); (2) extending blanket requirements related to several emerging stations that make up their networks licensing to ESIMs communicating with technologies and new types of and have no option for a single, unified NGSO satellites; and (3) revisions to commercial operations, including network license. In this Notice of specific provisions in the Commission’s rendezvous and proximity operations. Proposed Rulemaking, the FCC proposes rules to implement these changes. The Timetable: to create a new, optional, unified license specific frequency bands for to include both space stations and earth communications of ESIMs with NGOS Action Date FR Cite stations operating in a geostationary- FSS satellites on which comment was sought are as follows: 10.7–11.7 GHz; NPRM ...... 02/19/19 84 FR 4742 satellite orbit, fixed-satellite service NPRM Comment 05/06/19 (GSO FSS) satellite network. In 11.7–12.2 GHz; 14.0–14.5 GHz; 17.8– Period End. addition, the Commission proposes to 18.3 GHz; 18.3–18.6 GHz; 18.8–19.3 R&O ...... 08/25/20 85 FR 52422 repeal or modify unnecessarily GHz; 19.3–19.4 GHz; 19.6–19.7 GHz; FNPRM ...... 08/25/20 85 FR 52455 burdensome rules in Part 25 governing 19.7–20.2 GHz; 28.35–28.6 GHz; 28.6– FNPRM Comment 10/09/20 satellite services, such as annual 29.1 GHz; and 29.5–30.0 GHz. Period End. reporting requirements. These proposals Timetable: Next Action Unde- would greatly simplify the termined. Commission’s licensing and regulation Action Date FR Cite Regulatory Flexibility Analysis of satellite systems. NPRM ...... 12/28/18 83 FR 67180 Timetable: Required: Yes. NPRM Comment 03/13/19 Agency Contact: Merissa Velez, Period End. Attorney Advisor, Federal Action Date FR Cite R&O ...... 07/24/20 Next Action Unde- Communications Commission, 445 12th NPRM ...... 01/31/19 84 FR 638 termined. Street SW, Washington, DC 20554, NPRM Comment 03/18/19 Phone: 202 418–0751, Email: Period End. Regulatory Flexibility Analysis [email protected]. NPRM Reply 04/16/19 RIN: 3060–AK90 Comment Pe- Required: Yes. riod End. Agency Contact: Cindy Spiers, 431. • Process Reform for Executive Next Action Unde- Attorney Advisor, Federal Branch Review of Certain FCC termined. Communications Commission, 445 12th Applications and Petitions Involving Street SW, Washington, DC 20554, Foreign Ownership (IB Docket No. 16– Regulatory Flexibility Analysis Phone: 202 418–1593, Email: 155) Required: Yes. [email protected]. Agency Contact: Clay DeCell, RIN: 3060–AK89 E.O. 13771 Designation: Independent Attorney Advisor, Federal agency. 430. Mitigation of Orbital Debris in the Communications Commission, 445 12th Legal Authority: 47 U.S.C 154(l); 47 New Space Age: IB Docket No. 18–313 Street, Washington, DC 20554, Phone: U.S.C . 154(j); 47 U.S.C. 214; 47 U.S.C. 202 418–0803, Email: clay.decell@ E.O. 13771 Designation: Independent 303; 47 U.S.C. 309; 47 U.S.C. 310; 47 fcc.gov. agency. U.S.C. 413; 47 U.S.C. 34–39; E.O. 10530; RIN: 3060–AK87 Legal Authority: 47 U.S.C. 154; 47 3 U.S.C. 301 U.S.C. 157; 47 U.S.C. 301; 47 U.S.C. 302; Abstract: In this proceeding, the 429. Facilitating the Communications of 47 U.S.C. 303; 47 U.S.C. 307; 47 U.S.C. Commission considers rules and Earth Stations in Motion With Non- 308; 47 U.S.C. 309; 47 U.S.C. 310; 47 procedures that streamline and improve Geostationary Orbit Space Stations: IB U.S.C. 319; 47 U.S.C. 332; 47 U.S.C. 336; the timeliness and transparency of the Docket No. 18–315 47 U.S.C. 605; 47 U.S.C. 721 process by which the Commission refers E.O. 13771 Designation: Independent Abstract: The Commission’s current certain applications and petitions for agency. orbital debris rules were first adopted in declaratory ruling to the Executive Legal Authority: 47 U.S.C. 154(i); 47 2004. Since then, significant changes Branch agencies for assessment of any U.S.C. 157(a); 47 U.S.C. 303; 47 U.S.C. have occurred in satellite technologies national security, law enforcement, 308(b); 47 U.S.C. 316 and market conditions, particularly in foreign policy or trade policy issues Abstract: In November 2018, the Low Earth Orbit, i.e., below 2000 related to foreign investment in the Commission adopted a notice of kilometers altitude. These changes applicants and petitioners. proposed rulemaking that proposed to include the increasing use of lower cost Timetable: expand the scope of the Commission’s small satellites and proposals to deploy rules governing ESIMs operations to large constellations of non-geostationary Action Date FR Cite cover communications with NGSO FSS satellite orbit (NGSO) systems, some satellites. Comment was sought on involving thousands of satellites. NPRM ...... 04/27/20 85 FR 29914 establishing a regulatory framework for The NPRM proposes changes to NPRM ...... 07/02/20 85 FR 29914 NPRM ...... 07/19/20 85 FR 46870 communications of ESIMs with NGSO improve disclosure of debris mitigation NPRM Comment 09/02/20 FSS satellites that would be analogous plans. The NPRM also makes proposals Period End. to that which exists for ESIMs and seeks comment related to satellite Next Action Unde- communicating with GSO FSS satellites. disposal reliability and methodology, termined. In this context, comment was sought on: appropriate deployment altitudes in (1) Allowing ESIMs to communicate in low-Earth-orbit, and on-orbit lifetime, Regulatory Flexibility Analysis many of the same conventional Ku- with a particular focus on large NGSO Required: Yes. band, extended Ku-band, and Ka-band satellite constellations. Other aspects of Agency Contact: Arthur T. Lechtman, frequencies that were allowed for the NPRM include new rule proposals Attorney Advisor, Federal VerDate Sep<11>2014 23:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 17014 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Communications Commission, process. The Commission proposed a Action Date FR Cite International Bureau, 445 12th Street $30,000 application fee. It noted that SW, Washington, DC 20554, Phone: 202 any changes to the annual regulatory NPRM Comment 05/09/17 418–1465, Fax: 202 418–0175, Email: fees applicable to the small satellites Period End. [email protected]. authorized under the streamlined FNPRM ...... 12/20/17 82 FR 60350 RIN: 3060–AL12 process would be addressed through the R&O ...... 02/02/18 83 FR 4998 separate annual proceeding for review FNPRM Comment 02/20/18 Period End. of regulatory fees. FNPRM Reply 03/20/18 Timetable: FEDERAL COMMUNICATIONS Comment Pe- COMMISSION (FCC) riod End. Action Date FR Cite NPRM ...... 05/13/20 85 FR 28586 International Bureau 2nd R&O Order 07/17/20 85 FR 43478 NPRM ...... 04/18/18 83 FR 24064 on Recon. Completed Actions NPRM Comment 08/07/18 Next Action Unde- Period End. termined. 432. Streamlining Licensing Procedures R&O ...... 07/20/20 85 FR 43711 for Small Satellites; IB Docket No. 18– I I Regulatory Flexibility Analysis 86 Regulatory Flexibility Analysis Required: Yes. E.O. 13771 Designation: Independent Required: Yes. Agency Contact: Evan Baranoff, Agency Contact: Merissa Velez, agency. Attorney, Policy Division, Federal Attorney Advisor, Federal Legal Authority: 47 U.S.C. 154(i); 47 Communications Commission, Media Communications Commission, 445 12th U.S.C. 157; 47 U.S.C. 158; 47 U.S.C. 301; Bureau, 445 12th Street SW, 47 U.S.C. 303; 47 U.S.C.308; 47 Street SW, Washington, DC 20554, Phone: 202 418–0751, Email: Washington, DC 20554, Phone: 202 418– U.S.C.309 7142, Email: [email protected]. Abstract: On April 17, 2018, the [email protected]. RIN: 3060–AK88 RIN: 3060–AK56 Commission released a Notice of Proposed Rulemaking (NPRM) 434. 2018 Quadrennial Regulatory proposing to modify the Commission’s Review of the Commission’s Broadcast part 25 satellite licensing rules to create FEDERAL COMMUNICATIONS Ownership Rules (MB Docket 18–349) a new category of application specific to COMMISSION (FCC) E.O. 13771 Designation: Independent small satellites. The Commission sought agency. Media Bureau comment on criteria that would define Legal Authority: 47 U.S.C. 151; 47 this new category and proposed that Long-Term Actions U.S.C. 152(a); 47 U.S.C. 154(i); 47 U.S.C. applicants meeting the criteria could 257; 47 U.S.C. 303; 47 U.S.C. 307; 47 433. Authorizing Permissive Use of the U.S.C. 309 and 310; 47 U.S.C. 403; sec. take advantage of a simplified ‘‘Next Generation’’ Broadcast application, faster processing, and lower 202(h) of the Telecommunications Act Television Standard (GN Docket No. Abstract: Section 202(h) of the fees, among other things. The proposed 16–142) streamlined licensing process was Telecommunications Act of 1996 developed based on the features and E.O. 13771 Designation: Independent requires the Commission to review its characteristics that typically distinguish agency. broadcast ownership rules every 4 years small satellite operations from other Legal Authority: 47 U.S.C. 151; 47 and to determine whether any such types of satellite operations, such as U.S.C. 154; 47 U.S.C. 157; 47 U.S.C. 301; rules are necessary in the public interest shorter orbital lifetime and less 47 U.S.C. 303; 47 U.S.C. 307 to 309; 47 as the result of competition. The rules intensive frequency use. The NPRM U.S.C. 316; 47 U.S.C. 319; 47 U.S.C. subject to review in the 2018 detailed this small satellite procedure, 325(b); 47 U.S.C. 336; 47 U.S.C. 399(b); quadrennial review are the Local Radio which would serve as an optional 47 U.S.C. 403; 47 U.S.C. 534; 47 U.S.C. Ownership Rule, the Local Television alternative to existing procedures for 535 Ownership Rule, and the Dual Network Abstract: In this proceeding, the authorization of small satellites. The Rule. The Commission also sought Commission seeks to authorize NPRM also provided background comment on potential pro-diversity television broadcasters to use the ‘‘Next information on the Commission’s other proposals including extending cable Generation’’ ATSC 3.0 broadcast processes for licensing and authorizing procurement requirements to television transmission standard on a small satellites, including under the broadcasters, adopting formulas aimed voluntary, market-driven basis, while experimental (part 5) and amateur (part at creating media ownership limits that they continue to deliver current- 97) rules, although no changes were promote diversity, and developing a generation digital television broadcast proposed to either of those parts. The model for market-based, tradeable service to their viewers. In the Report NPRM also sought comment on topics diversity credits to serve as an and Order, the Commission adopted related to spectrum use by small alternative method for setting rules to afford broadcasters flexibility to satellites. The Commission asked for ownership limits. deploy ATSC 3.0-based transmissions, comment on typical small satellite Timetable: while minimizing the impact on, and frequency use characteristics, how to costs to, consumers and other industry facilitate compatibility with Federal Action Date FR Cite stakeholders. operations, use of particular spectrum In the 2nd R&O, the Commission NPRM ...... 02/28/19 84FR 6741 for inter-satellite links by small provided additional guidance to Next Action Unde- satellites, and other issues related to broadcasters deploying Next Gen TV. termined. I operations by small satellites in Timetable: frequency bands. Finally, the NPRM Regulatory Flexibility Analysis sought comment on the appropriate Action Date FR Cite Required: Yes. application fee that would apply to the Agency Contact: Brendan Holland, proposed optional part 25 streamlined NPRM ...... 03/10/17 82 FR 13285 Chief, Industry Analysis Division, VerDate Sep<11>2014 23:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 17015 Media Bureau, Federal Communications Abstract: In this proceeding, the Legal Authority: 47 U.S.C 151; 47 Commission, 445 12th Street SW, Commission proposes to streamline the U.S.C . 154(i); 47 U.S.C. 154(j); 47 U.S.C. Washington, DC 20554, Phone: 202 418– rules relating to interference caused by 303(r); 47 U.S.C. 536; 47 U.S.C. 548; 47 2486, Email: [email protected]. FM translators and expedite the U.S.C. 573 RIN: 3060–AK77 translator complaint resolution process. Abstract: In this proceeding, the The rule changes are intended to limit Commission considers changes to 435. Children’s Television or avoid protracted and contentious procedural rules governing the Programming Rules (MB Docket 18– interference resolution disputes, resolution of program carriage disputes 202) provide translator licensees both between video programming vendors E.O. 13771 Designation: Independent additional flexibility to remediate and multichannel video programming agency. interference and additional investment distributors. The rule changes are Legal Authority: 47 U.S.C. 303; 47 certainty, and allow earlier and intended to make the Commission’s U.S.C. 303b; 47 U.S.C. 307; 47 U.S.C. expedited resolution of interference procedures more consistent and 336 complaints by affected stations. encourage the timely resolution of Abstract: The Children’s Television Timetable: program carriage disputes. Act (CTA) of 1990 requires that the Timetable: Commission consider, in its review of Action Date FR Cite television license renewals, the extent to Action Date FR Cite which the licensee has served the NPRM ...... 06/06/18 83 FR 26229 educational and informational needs of NPRM Comment 07/06/18 NPRM ...... 04/16/20 85 FR 21131 NPRM Comment 05/18/20 children through its overall Period End. R&O ...... 06/14/19 84 FR 27734 Period End. programming, including programming Next Action Unde- Next Action Unde- specifically designed to serve such termined. termined. needs. The Commission adopted rules implementing the CTA in 1991 and Regulatory Flexibility Analysis Regulatory Flexibility Analysis revised these rules in 1996, 2004, and Required: Yes. Required: Yes. 2006. In this proceeding, the Agency Contact: Christine Goepp, Agency Contact: John Cobb, Attorney, Commission proposes to revise the Attorney, Audio Div., Media Bureau, Policy Division, Media Bureau, Federal children’s television programming rules Federal Communications Commission, Communications Commission, 445 12th to modify outdated requirements and to 445 12th Street SW, Washington, DC Street SW, Washington, DC 20554, give broadcasters greater flexibility in 20554, Phone: 202 418–7834, Email: Phone: 202 418–2120, Email: serving the educational and [email protected]. [email protected]. informational needs of children. RIN: 3060–AK79 RIN: 3060–AL08 Timetable: • 437. Equal Employment Opportunity 439. Significantly Viewed Stations Action Date FR Cite Enforcement (MB Docket 19–177) (MB Docket No. 20–73) E.O. 13771 Designation: Independent E.O. 13771 Designation: Independent NPRM ...... 07/25/18 83 FR 35158 agency. NPRM Comment 09/28/18 agency. Legal Authority: 47 U.S.C. 151; 47 Legal Authority: 47 U.S.C. 303; 47 Period End. U.S.C . 325; 47 U.S.C. 339; 47 U.S.C. R&O ...... 08/16/19 84 FR 41947 U.S.C. 154(i); 47 U.S.C. 154(j); 47 U.S.C. 334; 47 U.S.C. 554 340; 47 U.S.C. 534 FNPRM ...... 08/16/19 84 FR 41949 Abstract: In this proceeding, the FNPRM Comment 09/16/19 Abstract: In this proceeding, the Commission reviews the methodology Period End. Commission seeks comment on ways in for determining whether a television FNPRM Rerply 10/15/19 which it can make improvements to broadcast station is significantly viewed Comment Pe- equal employment opportunity (EEO) in a community outside of its local riod End. compliance and enforcement. Next Action Unde- television market and thus may be Timetable: termined. treated as a local station in that Action Date FR Cite community. Under the Commission’s Regulatory Flexibility Analysis rules, a significantly viewed station is Required: Yes. NPRM ...... 07/22/19 84 FR 35063 permitted to be carried by cable systems Agency Contact: Kathy Berthot, Next Action Unde- and satellite operators. The existing Attorney, Policy Division Media Bureau, termined. I I process for determining a station’s Federal Communications Commission, significantly viewed status was adopted 445 12th Street SW, Washington, DC Regulatory Flexibility Analysis nearly fifty years ago, and marketplace 20554, Phone: 202 418–7454, Email: Required: Yes. changes during this period lead the [email protected]. Agency Contact: Radhika Karmarker, Commission to this examination of RIN: 3060–AK78 Attorney Advisor, IAD, Federal whether this process has become Communications Commission, 445 12th 436. Amendment of Part 74 of the outdated or overly burdensome, Street SW, Washington, DC 20554, Commission’s Rules Regarding FM particularly for smaller entities. Phone: 202 418–1523, Email: Translator Interference (MB Docket 18– Timetable: [email protected]. 119) RIN: 3060–AK86 Action Date FR Cite E.O. 13771 Designation: Independent • agency. 438. Revision of the Commission’s NPRM ...... 04/14/20 85 FR 20649 Legal Authority: 47 U.S.C. 151; 47 Part 76 Review Procedures (MB Docket ANPRM Comment 05/14/20 U.S.C. 154(i) and 154(j); 47 U.S.C. 301; No. 20–70) Period End. Next Action Unde- 47 U.S.C. 303; 47 U.S.C. 307 to 309; 47 E.O. 13771 Designation: Independent termined. U.S.C. 316; 47 U.S.C. 319 agency. VerDate Sep<11>2014 23:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 17016 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Regulatory Flexibility Analysis Action Date FR Cite Action Date FR Cite Required: Yes. Agency Contact: Kathy Berthot, NPRM ...... 06/06/17 82 FR 26019 Order Extending 06/10/14 79 FR 33163 Attorney, Policy Division Media Bureau, R&O ...... 09/22/17 82 FR 44322 Comment Pe- Federal Communications Commission, NPRM ...... 06/14/18 83 FR 27846 riod. NPRM Comment 06/21/18 3rd FNPRM Com- 07/14/14 445 12th Street SW, Washington, DC Period End. ment Period 20554, Phone: 202 418–7454, Email: R&O ...... 09/18/18 83 FR 47079 End. [email protected]. NPRM ...... 06/05/19 84 FR 26234 Public Notice (Re- 11/20/14 RIN: 3060–AL09 NPRM Comment 06/07/19 lease Date). • Period End. Public Notice 12/17/14 440. Promoting Broadcast Internet R&O ...... 09/26/19 84 FR 50890 Comment Pe- Innovation Through ATSC 3.0 (MB Next Action Unde- riod End. Docket No. 20–145) termined. 4th R&O ...... 03/04/15 80 FR 11806 Final Rule ...... 08/03/15 80 FR 45897 E.O. 13771 Designation: Independent Order Granting 07/10/17 agency. Regulatory Flexibility Analysis Required: Yes. Waiver. Legal Authority: 47 U.S.C 151; 47 NPRM ...... 09/26/18 83 FR 54180 U.S.C . 154(i); 47 U.S.C. 154(j); 47 U.S.C. Agency Contact: Roland Helvajian, 4th NPRM ...... 03/18/19 84 FR 13211 303(r); 47 U.S.C. 336 Office of the Managing Director, Federal Next Action Unde- Communications Commission, 445 12th termined. Abstract: In this proceeding, the Street SW, Washington, DC 20554, Commission reassess its existing rules Phone: 202 418–0444, Email: Regulatory Flexibility Analysis in light of the broadcast television [email protected]. Required: Yes. conversion to ATSC 3.0 as the new TV RIN: 3060–AK64 Agency Contact: Brenda Boykin, transmission standard to ensure that its Attorney Advisor, Public Safety and rules help to foster the introduction of Homeland Security Bureau, Federal new services and the efficient use of Communications Commission, 445 12th spectrum. FEDERAL COMMUNICATIONS Street SW, Washington, DC 20554, Timetable: COMMISSION (FCC) Phone: 202 418–2062, Email: [email protected]. Action Date FR Cite Public Safety and Homeland Security Bureau RIN: 3060–AJ52 NPRM ...... 07/16/20 85 FR 43195 Long-Term Actions 443. Improving Outage Reporting for NPRM Comment 08/17/20 Submarine Cables and Enhancing Period End. 442. Wireless E911 Location Accuracy Submarine Cable Outage Data; GN Next Action Unde- Requirements: PS Docket No. 07–114 termined. Docket No. 15–206 E.O. 13771 Designation: Independent E.O. 13771 Designation: Independent Regulatory Flexibility Analysis agency. agency. Required: Yes. Legal Authority: 47 U.S.C. 151; 47 Legal Authority: 47 U.S.C. 151; 47 Agency Contact: John Cobb, Attorney, U.S.C. 154; 47 U.S.C. 332 U.S.C. 154; 47 U.S.C. 34 to 39; 47 U.S.C. Policy Division, Media Bureau, Federal Abstract: This rulemaking is related to 301 Communications Commission, 445 12th the proceedings in which the FCC Abstract: This proceeding takes steps Street SW, Washington, DC 20554. previously acted to improve the quality toward assuring the reliability and Phone: 202 418–2120, Email: of all emergency services. Wireless resiliency of submarine cables, a critical [email protected]. carriers must provide specific automatic piece of the Nation’s communications location information in connection with infrastructure, by proposing to require RIN: 3060–AL10 911 emergency calls to Public Safety submarine cable licensees to report to Answering Points (PSAPs). Wireless the Commission when outages occur licensees must satisfy enhanced 911 and communications are disrupted. The FEDERAL COMMUNICATIONS location accuracy standards at either a Commission’s intent is to enhance COMMISSION (FCC) county-based or a PSAP-based national security and emergency geographic level. preparedness by these actions. Office of Managing Director Timetable: Timetable: Long-Term Actions Action Date FR Cite Action Date FR Cite 441. Assessment and Collection of Regulatory Fees NPRM ...... 06/20/07 72 FR 33948 NPRM (Release 09/18/15 Date). E.O. 13771 Designation: Independent R&O ...... 02/14/08 73 FR 8617 Public Notice ...... 09/25/08 73 FR 55473 R&O ...... 06/24/16 81 FR 52354 agency. FNPRM; NOI ...... 11/02/10 75 FR 67321 Petitions for 09/08/16 Legal Authority: 47 U.S.C. 159 Public Notice ...... 11/18/09 74 FR 59539 Recon. Abstract: Section 9 of the 2nd R&O ...... 11/18/10 75 FR 70604 Petitions for 10/17/16 81 FR 75368 Communications Act of 1934, as Second NPRM .... 08/04/11 76 FR 47114 Recon—Public Comment. amended (47 U.S.C. 159), requires the Second NPRM 11/02/11 Comment Pe- Order on Recon. 12/20/19 Federal Communications Commission Order on Recon .. 12/20/19 to recover the cost of its activities by riod End. Final Rule ...... 04/28/11 76 FR 23713 Next Action Unde- assessing and collecting annual NPRM, 3rd R&O, 09/28/11 76 FR 59916 termined. regulatory fees from beneficiaries of the and 2nd activities. FNPRM. Regulatory Flexibility Analysis Timetable: 3rd FNPRM ...... 03/28/14 79 FR 17820 Required: Yes. VerDate Sep<11>2014 23:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 17017 Agency Contact: Brenda Villanueva, Action Date FR Cite Action Date FR Cite Attorney Advisor, Public Safety and Homeland Security Bureau, Federal FNPRM Comment 09/12/16 NPRM ...... 03/26/04 69 FR 15761 Communications Commission, 445 12th Period End. R&O ...... 11/26/04 69 FR 68859 Street SW, Washington, DC 20554, Announcement of 06/22/17 82 FR 28410 Denial for Petition 12/02/04 Phone: 202 418–7005, Email: Effective Date for Partial Stay. for Rule Seek Comment 02/02/10 [email protected]. Changes in on Petition for RIN: 3060–AK39 R&O. Recon. 444. Amendments to Part 4 of the Next Action Unde- Reply Period End 03/19/10 termined. Seek Comment 07/02/10 Commission’s Rules Concerning on Broadband Disruptions to Communications: PS and Inter- Docket No. 15–80 Regulatory Flexibility Analysis Required: Yes. connected VOIP Service E.O. 13771 Designation: Independent Agency Contact: Robert Finley, Providers. agency. Attorney Advisor, Public Safety and Reply Period End 08/16/12 Legal Authority: Sec. 1, 4(i), 4(j), 4(o), Homeland Security Bureau, Federal 2nd R&O, and 06/16/15 80 FR 34321 251(e)(3), 254, 301, 303(b), 303(g), Communications Commission, 445 12th Order on 303(r), 307, 309(a), 309(j); 316, 332, 403, Street SW, Washington, DC 20554, Recon, NPRM. 615a–1, and 615c of Pub. L. 73–416, 4 Phone: 202 418–7835, Email: R&O ...... 07/12/16 81 FR 45055 Stat. 1064, as amended; and section 706 [email protected]. FNPRM, 1 Part 4 08/11/16 81 FR of Pub. L. 104–104, 110 Stat. 56; 47 R&O, Order on 45095, 81 RIN: 3060–AK40 Recon. FR 45055 U.S.C. 151, 154(i)–(j) & (o), 251(e)(3), Order Denying 09/08/16 254, 301, 303(b), 303(g), 303(r), 307; 445. New Part 4 of the Commission’s Rules Concerning Disruptions to Extension of 309(a), 309(j), 316, 332, 403, 615a–1, Time to File 615c, and 1302, unless otherwise noted Communications; ET Docket No. 04–35 Reply Com- Abstract: The 2004 Report and Order E.O. 13771 Designation: Independent ments. (R&O) extended the Commission’s agency. Announcement of 06/22/17 82 FR 28410 communication disruptions reporting Effective Date Legal Authority: 47 U.S.C. 154 and for Rule rules to non-wireline carriers and 155; 47 U.S.C. 201; 47 U.S.C. 251; 47 Changes in streamlined reporting through a new U.S.C. 307; 47 U.S.C. 316 R&O. electronic template (see docket ET Abstract: The proceeding creates a Docket 04–35). In 2015, this proceeding, new part 4 in title 47 and amends part Second Further To Be Determined PS Docket 15–80, was opened to amend 63.100. The proceeding updates the Notice of Pro- the original communications disruption posed Rule- Commission’s communication making. reporting rules from 2004 in order to disruptions reporting rules for wireline reflect technology transitions observed providers formerly in 47 CFR 63.100 throughout the telecommunications Regulatory Flexibility Analysis and extends these rules to other non- Required: Yes. sector. The Commission seeks to further wireline providers. Through this Agency Contact: Robert Finley, study the possibility to share the proceeding, the Commission streamlines Attorney Advisor, Public Safety and reporting database information and the reporting process through an Homeland Security Bureau, Federal access with State and other Federal electronic template. The Report and Communications Commission, 445 12th entities. In May 2016, the Commission Order received several petitions for Street SW, Washington, DC 20554, released a Report and Order, FNPRM, reconsideration, of which two were Phone: 202 418–7835, Email: and Order on Reconsideration (see also eventually withdrawn. In 2015, seven [email protected]. Dockets 11–82 and 04–35). The R&O were addressed in an Order on adopted rules to update the part 4 Reconsideration and in 2016 another RIN: 3060–AK41 requirements to reflect technology petition was addressed in an Order on 446. Wireless Emergency Alerts (WEA): transitions. The FNPRM sought Reconsideration. One petition (CPUC PS Docket No. 15–91 comment on sharing information in the Petition) remains pending regarding reporting database. Comments and NORS database sharing with States, E.O. 13771 Designation: Independent replies were received by the which is addressed in a separate agency. Commission in August and September proceeding, PS Docket 15–80. To the Legal Authority: Pub. L. 109–347, title 2016. extent the communication disruption VI; 47 U.S.C. 151; 47 U.S.C. 154(i) Timetable: rules cover VoIP, the Commission Abstract: This proceeding was studies and addresses these questions in initiated to improve Wireless Action Date FR Cite a separate docket, PS Docket 11–82. Emergency Alerts (WEA) messaging, In May 2016, the Commission ensure that WEA alerts reach only those NPRM, 2nd R&O, 06/16/15 80 FR 34321 individuals to whom they are relevant, Order on Recon. released a Report and Order, FNPRM, NPRM Comment 07/31/15 and Order on Reconsideration (see and establish an end-to-end testing Period End. Dockets 11–82 and 15–80). The Order program based on advancements in R&O ...... 07/12/16 81 FR 45055 on Reconsideration addressed outage technology. FNPRM, 1 Part 4 08/11/16 81 FR 45059 reporting for events at airports, and the Timetable: R&O, Order on FNPRM sought comment on database Recon. Action Date FR Cite Order Denying 09/08/16 sharing. The Commission received Reply Comment comments and replies in August and NPRM ...... 11/19/15 80 FR 77289 Deadline Exten- September 2016. NPRM Comment 01/13/16 sion Request. Timetable: Period End. I VerDate Sep<11>2014 23:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 17018 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Action Date FR Cite code by January 19, 2019. BLU alerts Action Date FR Cite must be available to wireless emergency NPRM Reply 02/12/16 alerts by July, 2019. Next Action Unde- Comment Pe- Timetable: termined. riod End. Order ...... 11/01/16 81 FR 75710 Action Date FR Cite Regulatory Flexibility Analysis FNPRM ...... 11/08/16 81 FR 78539 Required: Yes. Comment Period 12/08/16 NPRM ...... 06/30/17 82 FR 29811 Agency Contact: Amanda Huetinck, End. NPRM Comment 07/31/17 Petition for Recon 12/19/16 81 FR 91899 Attorney Advisor, WTB, Federal Period End. Communications Commission, 445 12th Order on Recon .. 12/04/17 82 FR 57158 NPRM Reply 08/29/17 2nd R&O and 2nd 02/28/18 83 FR 8619 Comment Pe- Street SW, Washington, DC 20554, Order on Recon. riod End. Phone: 202 418–7090, Email: Public Notice ...... 04/26/18 83 FR 18257 Order ...... 12/14/18 83 FR 2557 [email protected]. Public Notice 05/29/18 Next Action Unde- RIN: 3060–AJ87 Comment Pe- termined. riod End. 449. Amendment of the Commission’s Public Notice 06/11/18 Regulatory Flexibility Analysis Rules Governing Certain Aviation Reply Comment Required: Yes. Ground Station Equipment (Squitter) Period End. Agency Contact: Linda Pintro, (WT Docket Nos. 10–61 and 09–42) Next Action Unde- termined. Attorney Advisor, Policy and Licensing E.O. 13771 Designation: Independent Division, PSHSB, Federal agency. Regulatory Flexibility Analysis Communications Commission, 445 12th Legal Authority: 48 Stat. 1066, 1082 as Required: Yes. Street SW, Washington, DC 21043, amended; 47 U.S.C. 154; 47 U.S.C. 303; Agency Contact: James Wiley, Phone: 202 418–7490, Email: 47 U.S.C. 307(e); 47 U.S.C. 151 to 156; Attorney Advisor, Public Safety and [email protected]. 47 U.S.C. 301 Homeland Security Bureau, Federal RIN: 3060–AK63 Abstract: This action amends part 87 Communications Commission, 445 12th rules to authorize new ground station Street SW, Washington, DC 20554, technologies to promote safety and Phone: 202 418–1678, Email: FEDERAL COMMUNICATIONS allow use of frequency 1090 MHz by [email protected]. COMMISSION (FCC) aeronautical utility mobile stations for RIN: 3060–AK54 airport surface detection equipment Wireless Telecommunications Bureau (commonly referred to as ‘‘squitters’’) to 447. Blue Alert EAS Event Code Long-Term Actions help reduce collisions between aircraft E.O. 13771 Designation: Independent and airport ground vehicles. agency. 448. Amendment of Parts 1, 2, 22, 24, Timetable: Legal Authority: 47 U.S.C. 151 and 27, 90, and 95 of the Commission’s 152; 47 U.S.C. 154(i) and 154(o); 47 Rules To Improve Wireless Coverage Action Date FR Cite U.S.C. 301; 47 U.S.C. 303(r) and (v); 47 Through the Use of Signal Boosters (WT U.S.C. 307; 47 U.S.C. 309; 47 U.S.C. 335; Docket No. 10–4) NPRM ...... 04/28/10 75 FR 22352 R&O ...... 03/01/13 78 FR 61023 47 U.S.C. 403; 47 U.S.C.544(g); 47 E.O. 13771 Designation: Independent U.S.C. 606 and 615 NPRM (release 06/07/19 agency. date). Abstract: In 2015, Congress adopted Legal Authority: 15 U.S.C. 79; 47 Next Action Unde- the Blue Alert Act to help the States U.S.C. 151; 47 U.S.C. 154(i); 47 U.S.C. termined. provide effective alerts to the public and 154(j); 47 U.S.C. 155; 47 U.S.C. 157; 47 law enforcement when police and other U.S.C. 225; 47 U.S.C. 227; 47 U.S.C. Regulatory Flexibility Analysis law enforcement officers are killed or 303(r) Required: Yes. are in danger. To ensure that these State Abstract: This action adopts new Agency Contact: Tim Maguire, plans are compatible and integrated technical, operational, and registration Electronics Engineer, Federal throughout the United States as requirements for signal boosters. It Communications Commission, 445 12th envisioned by the Blue Alert Act, the creates two classes of signal boosters— Street SW, Washington, DC 20554, Blue Alert Coordinator made a series of consumer and industrial—with distinct Phone: 202 418–2155, Fax: 202 418– recommendations in a 2016 Report to regulatory requirements for each, 7247, Email: [email protected]. Congress. Among these thereby establishing a two-step RIN: 3060–AJ88 recommendations, the Blue Alert transition process for equipment Coordinator identified the need for a 450. Promoting Technological Solutions certification for both consumer and To Combat Wireless Contraband Device dedicated EAS event code for Blue industrial signal boosters sold and Alerts, and noted the alignment of the Use in Correctional Facilities; GN marketed in the United States. Docket No. 13–111 EAS with the implementation of the Timetable: Blue Alert Act. On June 22, 2017, the E.O. 13771 Designation: Independent FCC released an NPRM proposing to Action Date FR Cite agency. revise the EAS rules to adopt a new Legal Authority: 47 U.S.C. 151 to 152; event code, which would allow NPRM ...... 05/10/11 76 FR 26983 47 U.S.C. 154(i); 47 U.S.C. 154(j); 47 transmission of Blue Alerts to the public R&O ...... 04/11/13 78 FR 21555 U.S.C. 301; 47 U.S.C. 303(a); 47 U.S.C. over the EAS and thus satisfy the stated Petition for Re- 06/06/13 78 FR 34015 303(b); 47 U.S.C. 307 to 310; 47 U.S.C. consideration. need for a dedicated EAS event code. Order on Recon- 11/08/14 79 FR 70790 332; 47 U.S.C. 302(a) On December 14, 2017, the Commission sideration. Abstract: In the Report and Order, the released an Order adopting a new Blue FNPRM ...... 11/28/14 79 FR 70837 Commission addresses the problem of Alert EAS Code-BLU. EAS participants 2nd R&O and 2nd 03/23/18 83 FR 17131 illegal use of contraband wireless must be able to implement the BLU FNPRM. devices by inmates in correctional VerDate Sep<11>2014 23:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 17019 facilities by streamlining the process of Abstract: The Report and Order and Commission, 445 12th Street SW, deploying contraband wireless device Second Further Notice of Proposed Washington, DC 20554, Phone: 202 418– interdiction systems (CIS)—systems that Rulemaking (NPRM) adopted by the 1613, Email: [email protected]. use radio communications signals Commission established a new Citizens RIN: 3060–AK12 requiring Commission authorization—in Broadband Radio Service for shared 452. Use of Spectrum Bands Above 24 correctional facilities. In particular, the wireless broadband use of the 3550 to GHz for Mobile Services—Spectrum Commission eliminates certain filing 3700 MHz band. The Citizens Frontiers: WT Docket 10–112 requirements and provides for Broadband Radio Service is governed by immediate approval of the lease a three-tiered spectrum authorization E.O. 13771 Designation: Independent applications needed to operate these framework to accommodate a variety of agency. systems. commercial uses on a shared basis with Legal Authority: 47 U.S.C. 151 to 154; In the Further Notice, the Commission incumbent Federal and non-Federal 47 U.S.C. 157; 47 U.S.C. 160; 47 U.S.C. seeks comment on a process for wireless users of the band. Access and operations 201; 47 U.S.C. 225; 47 U.S.C. 227; 47 providers to disable contraband wireless will be managed by a dynamic spectrum U.S.C. 301 and 302; 47 U.S.C. 302(a); 47 devices once they have been identified. access system. The three tiers are: U.S.C. 303 and 304; 47 U.S.C. 307; 47 The Commission also seeks comment on Incumbent Access, Priority Access, and U.S.C. 309 and 310; 47 U.S.C. 316; 47 additional methods and technologies General Authorized Access. Rules U.S.C. 319; 47 U.S.C. 332; 47 U.S.C. 336; that might prove successful in governing the Citizens Broadband Radio 47 U.S.C. 1302 combating contraband device use in Service are found in part 96 of the Abstract: In this proceeding, the correctional facilities, and on various Commission’s rules. Commission adopted service rules for other proposals related to the The Order on Reconsideration and licensing of mobile and other uses for authorization process for CISs and their Second Report and Order addressed millimeter wave (mmW) bands. These deployment. several Petitions for Reconsideration high frequencies previously have been Timetable: submitted in response to the Report and best suited for satellite or fixed Order and resolved the outstanding microwave applications; however, Action Date FR Cite issues raised in the Second Further recent technological breakthroughs have newly enabled advanced mobile NPRM ...... 06/18/13 78 FR 36469 Notice of Proposed Rulemaking. NPRM Comment 08/08/13 The 2017 NPRM sought comment on services in these bands, notably Period End. limited changes to the rules governing including very high speed and low FNPRM ...... 05/18/17 82 FR 22780 Priority Access Licenses in the band, latency services. This action will help R&O ...... 05/18/17 82 FR 22742 adjacent channel emissions limits, and facilitate Fifth Generation mobile Final Rule Effec- 06/19/17 public release of base station services and other mobile services. In tive (Except for registration information. developing service rules for mmW Rules Requiring The 2018 Report and Order addressed bands, the Commission will facilitate OMB Approval). the issues raised in the 2017 NPRM and access to spectrum, develop a flexible FNPRM Comment 07/17/17 Period End. implemented changes rules governing spectrum policy, and encourage Final Rule Effec- 10/20/17 82 FR 48773 Priority Access Licenses in the band and wireless innovation. tive for 47 CFR public release of base station Timetable: 1.9020(n), registration information. 1.9030(m), On July 2020, the Commission Action Date FR Cite 1.9035 (o), and commenced an auction of Priority 20.23(a). Access Licenses in the band. NPRM ...... 01/13/16 81 FR 1802 Final Rule Effec- 02/12/18 Timetable: NPRM Comment 02/26/16 tive for 47 CFR Period End. FNPRM ...... 08/24/16 81 FR 58269 1.902(d)(8), Action Date FR Cite 1.9035(d)(4), Comment Period 09/30/16 20.18(a), and NPRM ...... 01/08/13 78 FR 1188 End. 20.18(r). NPRM Comment 03/19/13 FNPRM Reply 10/31/16 Next Action Unde- Period End. Comment Pe- termined. FNPRM ...... 06/02/14 79 FR 31247 riod End. FNPRM Comment 08/15/14 R&O ...... 11/14/16 81 FR 79894 Regulatory Flexibility Analysis Period End. R&O ...... 01/02/18 83 FR 37 Required: Yes. R&O and 2nd 06/15/15 80 FR 34119 FNPRM ...... 01/02/18 83 FR 85 Agency Contact: Melissa Conway, FNPRM. FNPRM Comment 01/23/18 Period End. Attorney Advisor, Mobility Div., 2nd FNPRM 08/14/15 Comment Pe- R&O ...... 07/20/18 83 FR 34478 Wireless Bureau, Federal FNPRM ...... 07/20/18 83 FR 34520 Communications Commission, 445 12th riod End. Order on Recon 07/26/16 81 FR 49023 FNPRM Comment 09/28/18 Street SW, Washington, DC 20554, and 2nd R&O. Period End. Phone: 202 418–2887, Email: NPRM ...... 11/28/17 82 FR 56193 R&O ...... 02/05/19 84 FR 1618 [email protected]. NPRM Comment 01/29/18 R&O ...... 05/01/19 84 FR 18405 RIN: 3060–AK06 Period End. Next Action Unde- termined. 451. Promoting Investment in the 3550– R&O ...... 12/07/18 83 FR 6306 Next Action Unde- 3700 MHz Band; GN Docket No. 17–258 termined. Regulatory Flexibility Analysis E.O. 13771 Designation: Independent Required: Yes. agency. Regulatory Flexibility Analysis Agency Contact: John Schauble, Legal Authority: 47 U.S.C. 151 and Required: Yes. Deputy Chief, Broadband Division, 152; 47 U.S.C. 154(i); 47 U.S.C. 154(j); Agency Contact: Paul Powell, Federal Communications Commission, 47 U.S.C. 302(a); 47 U.S.C. 303 and 304; Assistant Chief, Mobility Division, Wireless Telecommunications Bureau, 47 U.S.C. 307(e); 47 U.S.C. 316 WTB, Federal Communications 445 12th Street SW, Washington, DC VerDate Sep<11>2014 23:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 17020 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 20554, Phone: 202 418–0797, Email: 454. Expanding Flexible Use of the 3.7 455. Amendment of the Commission’s [email protected]. to 4.2 GHz Band: GN Docket No. 18–122 Rules To Promote Aviation Safety: WT Docket No. 19–140 RIN: 3060–AK44 E.O. 13771 Designation: Independent E.O. 13771 Designation: Independent 453. Transforming the 2.5 GHz Band agency. agency. Legal Authority: 47 U.S.C.151 to 153; E.O. 13771 Designation: Independent Legal Authority: 47 U.S.C. 154; 47 47 U.S.C.154(i); 47 U.S.C 157; 47 U.S.C. agency. U.S.C. 303; 307(e) 201; 47 U.S.C. 301 to 304; 47 U.S.C. 307 Abstract: The Federal Legal Authority: 47 U.S.C. 151 to 153; to 310; 47 U.S.C. 1302; . . . Communications Commission regulates 47 U.S.C. 154(i); 47 U.S.C. 157; 47 Abstract: In the 2020 Report and the Aviation Radio Service, a family of U.S.C. 201; 47 U.S.C. 301 and 302; 47 Order, the Commission adopted rules to services using dedicated spectrum to U.S.C. 304; 47 U.S.C. 307 to 310; 47 make 280 megahertz of mid-band enhance the safety of aircraft in flight, U.S.C. 1302 spectrum available for flexible use (plus facilitate the efficient movement of Abstract: The 2.5 GHz band (2496– a 20-megahertz guard band) throughout aircraft both in the air and on the 2690 MHz) constitutes the single largest the contiguous United States. Pursuant ground, and otherwise ensure the band of contiguous spectrum below 3 to the Report and Order, existing fixed reliability and effectiveness of aviation GHz and has been identified as prime satellite service (FSS) and fixed services communications. Recent technological spectrum for next generation mobile (FS) must relocate operations out of the advances have prompted the operations, including 5G uses. lower portion of the 3.7–4.0 GHz band. Commission to open this new Significant portions of this band, The Commission will issue flexible use rulemaking proceeding to ensure the however, currently lie fallow across licenses in the 3.7–3.98 GHz portion of timely deployment and use of today’s approximately one-half of the United the band in the contiguous United state-of-the-art safety-enhancing States, primarily in rural areas. States via a system of competitive technologies. With this Notice of Moreover, access to the Educational bidding. The Commission established Proposed Rulemaking, the Commission Broadband Service (EBS) has been rules to govern the transition including proposes changes to its part 87 Aviation strictly limited since 1995, and current optional payments for satellite operators Radio Service rules to support the licensees are subject to a regulatory that choose to relocate on an accelerated deployment of more advanced avionics regime largely unchanged from the days schedule and provide reimbursement to technology, increase the efficient use of when educational TV was the only use FSS operators and their associated earth limited spectrum resources, and envisioned for this spectrum. The stations for reasonable expenses generally improve aviation safety. Commission proposes to allow more incurred to facilitate the transition. The Timetable: efficient and effective use of this Report and Order also established spectrum band by providing greater service and technical rules for the new Action Date FR Cite flexibility to current EBS licensees as flexible use licenses that will be issued NPRM ...... 07/02/19 84 FR 31542 well as providing new opportunities for in the 3.7–3.98 GHz portion of the band. additional entities to obtain unused 2.5 NPRM Comment 09/03/19 Timetable: Period End. GHz spectrum to facilitate improved NPRM Reply 09/30/19 access to next generation wireless Action Date FR Cite Comment Pe- broadband, including 5G. The riod End. Commission also seeks comment on NPRM ...... 08/29/18 83 FR 44128 Next Action Unde- additional approaches for transforming NPRM Comment 11/27/18 termined. the 2.5 GHz band, including by moving Period End. directly to an auction for some or all of Public Notice ...... 05/20/19 84 FR 22733 Regulatory Flexibility Analysis the spectrum. Certifications and 05/28/19 Required: Yes. Agency Contact: Jeff Tobias, Attorney Timetable: Data Filing Deadline. Advisor, Federal Communications Action Date FR Cite Public Notice ...... 06/03/19 84 FR 22514 Commission, Wireless Public Notice 07/03/19 Telecommunications Bureau, 445 12th NPRM ...... 06/07/18 83 FR 26396 Comment Pe- Street SW, Washington, DC 20554, NPRM Comment 06/21/18 83 FR 31515 riod End. Phone: 202 418–1617, Email: Period Ex- Public Notice 07/18/19 [email protected]. tended. Reply Comment RIN: 3060–AK92 NPRM Comment 09/07/18 Period End. Period End. R&O ...... 04/23/20 85 FR 22804 Final Rule ...... 10/25/19 84 FR 57343 Next Action Unde- Next Action Unde- termined. FEDERAL COMMUNICATIONS termined. COMMISSION (FCC) Regulatory Flexibility Analysis Wireline Competition Bureau Regulatory Flexibility Analysis Required: Yes. Required: Yes. Agency Contact: Peter Daronco, Long-Term Actions Agency Contact: John Schauble, Deputy Division Chief, Broadband 456. Local Telephone Networks That Deputy Chief, Broadband Division, Division, Federal Communications LECs Must Make Available to Federal Communications Commission, Commission, Wireless Competitors Wireless Telecommunications Bureau, Telecommunications Bureau, 445 12th E.O. 13771 Designation: Independent 445 12th Street SW, Washington, DC Street SW, Washington, DC 20554, agency. 20554, Phone: 202 418–0797, Email: Phone: 202 418–7235, Email: Legal Authority: 47 U.S.C. 251 [email protected]. [email protected]. Abstract: The Commission adopted RIN: 3060–AK75 RIN: 3060–AK76 rules applicable to incumbent local VerDate Sep<11>2014 23:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 17021 exchange carriers (LECs) to permit Phone: 202 418–1525, Email: percent of their numbering resources competitive carriers to access portions [email protected]. before they may get additional numbers of the incumbent LECs’ networks on an RIN: 3060–AH44 in a particular area. That 60 percent unbundled basis. Unbundling allows 457. Numbering Resource Optimization utilization threshold increases to 75 competitors to lease portions of the percent over the next three years. The incumbent LECs’ network to provide E.O. 13771 Designation: Independent Commission also established a 5-year telecommunications services. These agency. term for the national pooling rules, adopted in dockets CC 96–98, WC Legal Authority: 47 U.S.C. 151; 47 administrator and an auditing program 01–338, and WC 04–313, are intended to U.S.C. 154; 47 U.S.C. 201 et seq.; 47 to verify carrier compliance with the accelerate the development of local U.S.C. 251(e) Commission’s rules. Furthermore, the Abstract: To slow the rate of exchange competition. Commission declined to amend the numbering exhaust in the U.S. and existing Federal rules for area code Timetable: prolong the life of the North American relief or specify any new Federal Numbering Plan, this proceeding guidelines for the implementation of Action Date FR Cite considers and implements a number of area code relief. The Commission also strategies to ensure that telephone Second FNPRM .. 04/26/99 64 FR 20238 declined to state a preference for either numbers are used efficiently, and that Fourth FNPRM .... 01/14/00 65 FR 2367 all-services overlays or geographic splits all carriers have the numbering Errata Third R&O 01/18/00 65 FR 2542 as a method of area code relief. and Fourth resources they need to compete in the Regarding mandatory nationwide 10- FNPRM. rapidly expanding telecommunications Second Errata 01/18/00 65 FR 2542 marketplace. digit dialing, the Commission declined Third R&O and In 1999, the Commission released the to adopt this measure at the present Fourth FNPRM. Numbering Resource Optimization time. Furthermore, the Commission Supplemental 01/18/00 65 FR 2542 Notice of Proposed Rulemaking (Notice) declined to mandate nationwide Order. in CC Docket 99–200. The Notice expansion of the ‘‘D digit’’ (the ‘‘N’’ of Third R&O ...... 01/18/00 65 FR 2542 an NXX or central office code) to Correction ...... 04/11/00 65 FR 19334 examined and sought comment on several administrative and technical include zero or one, or to grant State Supplemental 06/20/00 65 FR 38214 commissions the authority to implement Order Clarifica- measures aimed at improving the tion. efficiency with which the expansion of the ‘‘D’’ digit as a Public Notice ...... 02/01/01 66 FR 8555 telecommunications numbering numbering resource optimization Public Notice ...... 03/05/01 66 FR 18279 resources are used and allocated. It measure presently. Public Notice ...... 04/10/01 incorporated input from the North In the NRO Third Report and Order, Public Notice ...... 04/23/01 American Numbering Council (NANC), the Commission addressed national Public Notice ...... 05/14/01 a Federal advisory committee, which thousands-block number pooling NPRM ...... 01/15/02 67 FR 1947 administration issues, including Public Notice ...... 05/29/02 advises the Commission on issues Public Notice ...... 08/01/02 related to number administration. declining to alter the implementation Public Notice ...... 08/13/02 In the Numbering Resource date for covered CMRS carriers to NPRM ...... 08/21/03 68 FR 52276 Optimization First Report and Order participate in pooling. The Commission R&O and Order 08/21/03 68 FR 52276 and Further Notice of Proposed also addressed Federal cost recovery for on Remand. Rulemaking (NRO First Report and national thousands-block number Errata ...... 09/17/03 Order), released on March 31, 2000, the pooling, and continued to require States Report ...... 10/09/03 68 FR 60391 Commission adopted a mandatory to establish cost recovery mechanisms Order ...... 10/28/03 utilization data reporting requirement, a for costs incurred by carriers Order ...... 01/09/04 participating in pooling trials. The Public Notice ...... 01/09/04 uniform set of categories of numbers for Public Notice ...... 02/18/04 which carriers must report their Commission reaffirmed the Months-To- Order ...... 07/08/04 utilization, and a utilization threshold Exhaust (MTE) requirement for carriers. Second R&O ...... 07/08/04 69 FR 43762 framework to increase carrier The Commission declined to lower the Order on Recon .. 08/09/04 69 FR 54589 accountability and incentives to use utilization threshold established in the Interim Order ...... 08/20/04 69 FR 55111 numbers efficiently. In addition, the Second Report and Order, and declined NPRM ...... 08/20/04 69 FR 55128 Commission adopted a single system for to exempt pooling carriers from the Public Notice ...... 09/10/04 allocating numbers in blocks of 1,000, utilization threshold. The Commission Public Notice ...... 09/13/04 rather than 10,000, wherever possible, also established a safety valve Public Notice ...... 10/20/04 mechanism to allow carriers that do not Order on Recon .. 12/29/04 69 FR 77950 and established a plan for national Order on Remand 02/04/04 rollout of thousands-block number meet the utilization threshold in a given Public Notice ...... 04/25/05 70 FR 29313 pooling. The Commission also adopted rate center to obtain additional Public Notice ...... 05/25/05 70 FR 34765 numbering resource reclamation numbering resources. In the NRO Third Declaratory Ruling 05/26/11 requirements to ensure that unused Report and Order, the Commission Inactive per 12/12/11 numbers are returned to the North lifted the ban on technology-specific Maura American Numbering Plan (NANP) overlays (TSOs) and delegated authority McGowan. inventory for assignment to other to the Common Carrier Bureau, in Next Action Unde- carriers. Also, to encourage better consultation with the Wireless termined. management of numbering resources, Telecommunications Bureau, to resolve carriers are required, to the extent any such petitions. Furthermore, the Regulatory Flexibility Analysis possible, to first assign numbering Commission found that carriers who Required: Yes. resources within thousands blocks (a violate its numbering requirements, or Agency Contact: Edward Krachmer, form of sequential numbering). fail to cooperate with an auditor Attorney Dvisor, Federal In the NRO Second Report and Order, conducting either a ‘‘for cause’’ or Communications Commission, 445 12th the Commission adopted a measure that random audit, should be denied Street SW, Washington, DC 20554, requires all carriers to use at least 60 numbering resources in certain VerDate Sep<11>2014 23:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 17022 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda instances. The Commission also required to provide LNP, including American Numbering Plan telephone reaffirmed the 180-day reservation commercial mobile radio service numbers directly from the North period, declined to impose fees to (CMRS) providers that were required to American Numbering Plan extend the reservation period, and deploy LNP as of November 24, 2003. Administrator and/or the Pooling found that State commissions should be The Commission specifically exempted Administrator (Numbering allowed password-protected access to from the pooling requirement rural Administrators), rather than through the NANP Administrator database for telephone companies and Tier III CMRS intermediaries. The Order also set forth data pertaining to NPAs located within providers that have not received a several conditions designed to minimize their State. The measures adopted in the request to provide LNP. The number exhaust and preserve the NRO orders will allow the Commission Commission also exempted from the integrity of the numbering system. to monitor more closely the way pooling requirement carriers that are the Specifically, the Commission required numbering resources are used within only service provider receiving interconnected VoIP providers obtaining the NANP, and will promote more numbering resources in a given rate numbers to comply with the same efficient allocation and use of NANP center. Additionally, the Commission requirements applicable to carriers resources by tying a carrier’s ability to sought further comment on whether seeking to obtain numbers. The obtain numbering resources more these exemptions should be expanded requirements included any State closely to its actual need for numbers to to include carriers where there are only requirements pursuant to numbering serve its customers. two service providers receiving authority delegated to the States by the In NRO Third Order on Recon in CC numbering resources in the rate center. Commission, as well as industry Docket No. 99–200, Third Further Finally, the Commission reaffirmed that guidelines and practices, among others. Notice of Proposed Rulemaking in CC the 100 largest MSAs are identified in The Commission also required Docket No. 99–200, and Second Further the 1990 U.S. Census reports, as well as interconnected VoIP providers to Notice of Proposed Rulemaking in CC those areas included on any subsequent comply with facilities readiness Docket No. 95–116, the Commission U.S. Census report of the 100 largest requirements adapted to this context, reversed its clarification that those MSAs. and with numbering utilization and requirements extend to all carriers in In the NRO Order and Fifth Further optimization requirements. In addition, the largest 100 MSAs, regardless of Notice of Proposed Rulemaking, the as conditions to requesting and whether they have received a request Commission granted petitions for obtaining numbers directly from the from another carrier to provide LNP. delegated authority to implement Numbering Administrators, the The Commission also sought comment mandatory thousands-block pooling Commission required interconnected on whether the Commission should filed by the Public Service Commission VoIP providers to (1) provide the again extend the LNP requirements to of West Virginia, the Nebraska Public relevant State commissions with all carriers in the largest 100 MSAs, Service Commission, the Oklahoma regulatory and numbering contacts regardless of whether they receive a Corporation Commission, the Michigan when requesting numbers in those request to provide LNP. The Public Service Commission, and the States, (2) request numbers from the Commission also sought comment on Missouri Public Service Commission. In Numbering Administrators under their whether all carriers in the top 100 MSAs granting these petitions, the own unique OCN, (3) file any requests should be required to participate in Commission permitted these States to for numbers with the relevant State thousands-block number pooling, optimize numbering resources and commissions at least 30 days prior to regardless of whether they are required further extend the life of the specific requesting numbers from the Numbering to be LNP capable. In addition, the numbering plan areas. In the Further Administrators, and (4) provide Commission sought comment on Notice of Proposed Rulemaking, the customers with the opportunity to whether all MSAs included in Commission sought comment on access all abbreviated dialing codes Combined Metropolitan Statistical whether it should delegate authority to (N11 numbers) in use in a geographic Areas (CMSAs) on the Census Bureau’s all States to implement mandatory area. Finally, the Order also modified list of the largest 100 MSAs should be thousands-block number pooling Commission’s rules in order to permit included on the Commission’s list of the consistent with the parameters set forth VoIP Positioning Center providers to top 100 MSAs. in the NRO Order. In the NRO Fourth Report and Order In its 2013 Notice of Proposed obtain pseudo-Automatic Number and Further Notice of Proposed Rulemaking, the Commission proposed Identification codes directly from the Rulemaking, the Commission reaffirmed to allow interconnected Voice over Numbering Administrators for purposes that carriers must deploy LNP in Internet Protocol (VOIP) providers to of providing E911 services. switches within the 100 largest obtain telephone numbers directly from Timetable: Metropolitan Statistical Areas (MSAs) the North American Numbering Plan Action Date FR Cite for which another carrier has made a Administrator and the Pooling specific request for the provision of Administrator, subject to certain NPRM ...... 06/17/99 64 FR 32471 LNP. The Commission delegated the requirements. The Commission also R&O and FNPRM 06/16/00 65 FR 37703 authority to State commissions to sought comment on a forward-looking Second R&O and 02/08/01 66 FR 9528 require carriers operating within the approach to numbers for other types of Second FNPRM. largest 100 MSAs that have not received providers and uses, including telematics Third R&O and 02/12/02 67 FR 643 a specific request for LNP from another and public safety, and the benefits and Second Order carrier to provide LNP, under certain number exhaust risks of granting on Recon. circumstances and on a case-by-case providers other than interconnected Third R&O on 04/05/02 67 FR 16347 Recon and basis. The Commission concluded that VoIP providers direct access. Third FNPRM. all carriers, except those specifically In its 2015 Report and Order, the Fourth R&O and 07/21/03 68 FR 43003 exempted, are required to participate in Commission established an Fourth NPRM. thousands-block number pooling in authorization process to enable Order and Fifth 03/15/06 71 FR 13393 accordance with the national rollout interconnected VoIP providers that FNPRM. schedule, regardless of whether they are choose to obtain access to North Order ...... 06/19/13 78 FR 36679 VerDate Sep<11>2014 23:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 17023 Action Date FR Cite separations freeze for an additional 18 Competition Bureau, 445 12th Street months until January 1, 2018. In 2017, SW, Washington, DC 20554, Phone: 202 NPRM & NOI ...... 06/19/13 78 FR 36725 the Joint Board issued a Recommended 418–7122, Fax: 202 418–1413, Email: R&O ...... 10/29/15 80 FR 66454 Decision recommending changes to the [email protected]. Next Action Unde- part 36 rules designed to harmonize RIN: 3060–AJ06 termined. them with the Commission’s previous I I 459. Rural Call Completion; WC Docket amendments to its part 32 accounting Regulatory Flexibility Analysis No. 13–39 rules. In February 2018, the Commission Required: Yes. issued a Notice of Proposed Rulemaking E.O. 13771 Designation: Independent Agency Contact: Marilyn Jones, proposing amendments to part 36 agency. Senior Counsel, Federal consistent with the Joint Board’s Legal Authority: 47 U.S.C. 154; 47 Communications Commission, Wireline recommendations. In October 2018, the U.S.C. 217; 47 U.S.C. 201; 47 U.S.C. 202; Competition Bureau, 445 12th Street Commission issued a Report and Order 47 U.S.C. 218; 47 U.S.C. 220; 47 U.S.C. SW, Washington, DC 20554, Phone: 202 adopting each of the Joint Board’s 262; 47 U.S.C. 403(b)(2)(B); 47 U.S.C. 418–2357, Fax: 202 418–2345, Email: recommendations and amending the 251(a); 47 U.S.C. 225; 47 U.S.C. 620; 47 [email protected]. RIN: 3060–AH80 part 36 consistent with those U.S.C. 251; 47 U.S.C. 251(e); 47 U.S.C. recommendations. In July 2018, the 254(k); 47 U.S.C. 616; 47 U.S.C. 226; 47 458. Jurisdictional Separations Commission issued a Notice of U.S.C. 227; 47 U.S.C. 228; 47 U.S.C. E.O. 13771 Designation: Independent Proposed Rulemaking proposing to 1401–1473 agency. extend the separations freeze for an Abstract: The Third RCC Order began Legal Authority: 47 U.S.C. 151; 47 additional 15 years and to provide rate- implementation of the Improving Rural U.S.C. 154(i) and 154(j); 47 U.S.C. 205; of-return carriers that had elected to Call Quality and Reliability Act of 2017 47 U.S.C. 221(c); 47 U.S.C. 254; 47 freeze their category relationships a time (RCC Act), by adopting rules designed to U.S.C. 403; 47 U.S.C. 410 limited opportunity to opt out of that ensure the integrity of our nation’s Abstract: Jurisdictional separations is freeze. In December 2018, the telephone network and prevent unjust the process, pursuant to part 36 of the Commission issued a Report and Order or unreasonable discrimination among Commission’s rules, by which extending the freeze for up to 6 years areas of the United States in the delivery incumbent local exchange carriers until December 31, 2024, and granting of telephone service. In particular, the apportion regulated costs between the rate-of-return carriers that had elected to Third RCC Order adopted rules to intrastate and interstate jurisdictions. In freeze their category relationships a one- establish a registry for intermediate 1997, the Commission initiated a time opportunity to opt out of that providers entities that transmit, but do proceeding seeking comment on the freeze. not originate or terminate, voice calls. extent to which legislative changes, Timetable: The Order requires intermediate technological changes, and marketplace providers to register with the changes warrant comprehensive reform Action Date FR Cite Commission before offering to transmit of the separations process. In 2001, the NPRM ...... 11/05/97 62 FR 59842 covered voice communications, and Commission adopted the Federal-State NPRM Comment 12/10/97 requires covered providers entities that Joint Board on Jurisdictional Period End. select the initial long-distance route for Separations’ Joint Board’s Order ...... 06/21/01 66 FR 33202 a large number of lines to use only recommendation to impose an interim Order and 05/26/06 71 FR 29882 registered intermediate providers to freeze on the part 36 category FNPRM. transmit covered voice communications. relationships and jurisdictional cost Order and 08/22/06 The Fourth RCC Order completed the FNPRM Com- Commission’s implementation of the allocation factors for a period of 5 years, ment Period pending comprehensive reform of the End. RCC Act by adopting service quality part 36 separations rules. In 2006, the R&O ...... 05/15/09 74 FR 23955 standards for intermediate providers, as Commission issued an Order and R&O ...... 05/25/10 75 FR 30301 well as an exception to those standards Further Notice of Proposed Rulemaking R&O ...... 05/27/11 76 FR 30840 for intermediate providers that qualify that extended the separations freeze for R&O ...... 05/23/12 77 FR 30410 for the covered provider safe harbor in a period of 3 years and sought comment R&O ...... 06/13/14 79 FR 36232 our existing rules. The Order also set on comprehensive reform. In 2009, the R&O ...... 06/02/17 82 FR 25535 forth procedures to enforce our Recommended 10/27/17 intermediate provider requirements. Commission issued a Report and Order Decision. extending the separations freeze an NPRM ...... 03/13/18 83 FR 10817 Finally, the Fourth RCC Order adopted additional year to June 2010. In 2010, NPRM Comment 04/27/18 provisions to sunset the rural call the Commission issued a Report and Period End. completion data recording and retention Order extending the separations freeze NPRM ...... 07/27/18 83 FR 35589 requirements adopted in the First RCC for an additional year to June 2011. In NPRM Comment 09/10/18 Order one year after the effective date of 2011, the Commission adopted a Report Period End. the new intermediate provider service and Order extending the separations R&O ...... 12/11/18 83 FR 63581 quality standards. freeze for an additional year to June R&O ...... 02/15/19 84 FR 4351 Timetable: Announcement of 03/01/19 84 FR 6977 2012. In 2012, the Commission issued a OMB Approval. Action Date FR Cite Report and Order extending the Next Action Unde- separations freeze for an additional 2 termined. years to June 2014. In 2014, the NPRM ...... 04/12/13 78 FR 21891 Public Notice ...... 05/07/13 78 FR 26572 Commission issued a Report and Order Regulatory Flexibility Analysis NPRM Comment 05/28/13 extending the separations freeze for an Required: Yes. Period End. additional 3 years to June 2017. Agency Contact: Irina Asoskov, R&O and FNPRM 12/17/13 78 FR 76218 In 2016, the Commission issued a Assistant Division Chief, Federal PRA 60 Day No- 12/30/13 78 FR 79448 Report and Order extending the Communications Commission, Wireline tice. VerDate Sep<11>2014 23:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 17024 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Action Date FR Cite oversight of the ICS market. In the Third providers from marking up mandatory Further Notice portion of the item, the taxes or fees that they pass on to inmate FNPRM Comment 02/18/14 Commission sought comment on ways telephone service consumers; and Period End. to promote competition for ICS, video amended certain of the inmate calling PRA Comments 03/11/14 visitation, and rates for international services rules consistent with the D.C. Due. calls, and considered an array of Circuit’s mandates to reflect that the Public Notice ...... 05/06/14 79 FR 25682 solutions to further address areas of Order on Recon- 12/10/14 79 FR 73227 Commission’s rate and fee caps on sideration. concern in the ICS industry. In an Order inmate calling service apply only to Erratum ...... 01/08/15 80 FR 1007 on Reconsideration, the Commission interstate and international inmate Public Notice ...... 03/04/15 80 FR 11593 amended its rate caps and the definition calling. The Fourth FNPRM proposes to 2nd FNPRM ...... 07/27/17 82 FR 34911 of ‘‘mandatory tax or mandatory fee.’’ substantially reduce the interstate rate 2nd FNPRM 08/28/17 On June 13, 2017, the D.C. Circuit cap for inmate telephone calls from the Comment Pe- vacated the rate caps adopted in the current interim rate caps of $0.21 per riod End. Second Report and Order, as well as minute for debit or prepaid calls and Reply Comment 09/25/17 reporting requirements related to video $0.25 per minute for collect calls for all Period End. visitation. The court held that the 2nd Order ...... 04/17/18 83 FR 21723 types of correctional facilities, to Commission lacked jurisdiction over permanent rate caps of $0.14 per minute 3rd FNPRM ...... 04/17/18 83 FR 21983 intrastate ICS calls and that the rate caps 3rd FNPRM Com- 06/04/18 for all interstate calls from prisons and ment Period the Commission adopted for interstate $0.16 for all interstate calls from jails. End. calls were arbitrary and capricious. The The Fourth FNPRM also proposes to 3rd FNPRM Reply 06/19/18 court also remanded the Commission’s adopt rate caps for international inmate Comment Pe- caps on ancillary fees. On September 26, calling services calls for the first time riod End. 2017, the court denied a petition for based on the proposed interstate rate 3rd Order ...... 08/13/18 83 FR 47296 rehearing en banc. On December 21, caps, plus the amount that the provider 4th Order ...... 03/15/19 84 FR 25692 2017, the court issued two separate must pay its underlying international Next Action Unde- orders: One vacating the 2016 Order on termined. service provider for an international Reconsideration insofar as it purports to call. It also proposes a waiver process set rate caps on inmate calling services, for providers that believe the Regulatory Flexibility Analysis and one dismissing as moot challenges Required: Yes. Commission’s rate caps would not allow to the Commission’s First Report and them to recover their costs of serving a Agency Contact: Zachary Ross, Order on ICS. Attorney Advisor, Competiton Policy particular facility or contract. Finally, it On February 4, 2020, the seeks comment on a further mandatory Division, WCB, Federal Commission’s Wireline Competition data collection to continue efforts to Communications Commission, 445 12th Bureau released a Public Notice seeking reform these rates and fees. Street SW, Washington, DC 20554, to refresh the record on ancillary service Phone: 202 418–1033, Email: charges imposed in connection with Timetable: [email protected]. inmate calling services. RIN: 3060–AJ89 On August 6, 2020, the Commission Action Date FR Cite adopted a Report and Order on Remand 460. Rates for Inmate Calling Services; NPRM ...... 01/22/13 78 FR 4369 WC Docket No. 12–375 and a Fourth Further Notice of Proposed Rulemaking responding to remands by FNPRM ...... 11/13/13 78 FR 68005 E.O. 13771 Designation: Independent the U.S. Court of Appeals for the District R&O ...... 11/13/13 78 FR 67956 agency. of Columbia Circuit and proposing to FNPRM Comment 12/20/13 Legal Authority: 47 U.S.C. 151 and comprehensively reform rates and Period End. 152; 47 U.S.C. 154(i) and (j); 47 U.S.C. charges for the inmate calling services Announcement of 06/20/14 79 FR 33709 225; 47 U.S.C. 276; 47 U.S.C. 303(r); 47 Effective Date. within the Commission’s jurisdiction. 2nd FNPRM ...... 11/21/14 79 FR 69682 CFR 64; 47 U.S.C. 201 The Report and Order on Remand found Abstract: In the Second Report and 2nd FNPRM 01/15/15 that the Commission’s five permitted Comment Pe- Order, the Federal Communications ancillary service charges (1) automated riod End. Commission adopted rule changes to payment fees; (2) fees for single-call and 2nd FNPRM 01/20/15 ensure that rates for both interstate and related services; (3) live agent fees; (4) Reply Comment intrastate inmate calling services (ICS) paper bill/statement fees; and (5) third- Period End. are fair, just, and reasonable limits on party financial transaction fees 3rd FNPRM ...... 12/18/15 80 FR 79020 ancillary service charges imposed by generally, cannot be practically 2nd R&O ...... 12/18/15 80 FR 79136 ICS providers. In the Second Report and segregated between interstate and 3rd FNPRM Com- 01/19/16 Order, the Commission set caps on all intrastate inmate telephone calls, except ment Period interstate and intrastate calling rates for in a limited number of cases. End. ICS, established a tiered rate structure Accordingly, the Commission 3rd FNPRM Reply 02/08/16 based on the size and type of facility prohibited inmate calling services Comment Pe- being served, limited the types of providers from imposing ancillary riod End. ancillary services that ICS providers service fees higher than the Order on Recon- 09/12/16 81 FR 62818 sideration. may charge for and capped the charges Commission’s caps,or imposing fees for Announcement of 03/01/17 82 FR 12182 for permitted fees, banned flat-rate additional ancillary services unless OMB Approval. calling, facilitated access to ICS by imposed in connection with purely Correction to An- 03/08/17 82 FR 12922 people with disabilities by requiring intrastate inmate telephone service nouncement of providers to offer free or steeply calls. The Order also reinstated a rule OMB Approval. discounted rates for calls using TTY, prohibiting providers from marking up Announcement of 02/06/20 85 FR 6947 and imposed reporting and certification third-party fees for single-call services; OMB Approval. requirements to facilitate continued reinstated rule language that prohibits Public Notice ...... 02/19/20 85 FR 9444 VerDate Sep<11>2014 23:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 17025 Action Date FR Cite USOA for all carriers. In addition, the commercial mobile service and returns USOA will be aligned more closely with it to its original classification as a Public Notice 03/20/20 generally accepted accounting private mobile service; finds that Comment Pe- principles, or GAAP. Second, the Order transparency, internet Service Providers riod End. allows price cap carriers to use GAAP (ISPs) economic incentives, and Public Notice 04/06/20 for all regulatory accounting purposes as antitrust and consumer protection laws Reply Comment Period End. long as they comply with targeted will protect the openness of the internet, R&O on Remand 08/06/20 accounting rules, which are designed to and that title II regulation is & 4th FNPRM. mitigate any impact on pole attachment unnecessary to do so; and adopts a Next Action Unde- rates. Alternatively, price cap carriers transparency rule similar to that in the termined. can elect to use GAAP accounting for all 2010 Open internet Order, requiring purposes other than those associated disclosure of network management Regulatory Flexibility Analysis with pole attachment rates and continue practices, performance characteristics, Required: Yes. to use the part 32 accounts for pole and commercial terms of service. Agency Contact: Irina Asoskov, attachment rates for up to 12 years. Additionally, the transparency rule Assistant Division Chief, Federal Third, the Order addresses several requires ISPs to disclose any blocking, Communications Commission, Wireline miscellaneous issues, including referral throttling, paid prioritization, or affiliate Competition Bureau, 445 12th Street to the Federal-State Joint Board on prioritization, and eliminates the SW, Washington, DC 20554, Phone: 202 Separations the issue of examining internet conduct standard and the 418–7122, Fax: 202 418–1413, Email: jurisdictional separations rules in light bright-line conduct rules set forth in the [email protected]. of the reforms adopted to part 32. 2015 title II Order. RIN: 3060–AK08 Timetable: Timetable: 461. Comprehensive Review of the Part 32 Uniform System of Accounts (WC Action Date FR Cite Action Date FR Cite Docket No. 14–130) NPRM ...... 09/15/14 79 FR 54942 NPRM ...... 07/01/14 79 FR 37448 E.O. 13771 Designation: Independent NPRM Comment 11/14/14 NPRM Comment 07/18/14 agency. Period End. Period End. Legal Authority: 47 U.S.C. 151; 47 NPRM Reply 12/15/14 NPRM Reply 09/15/14 U.S.C. 154(i); 47 U.S.C. 201(b); 47 U.S.C. Comment Pe- Comment Pe- 219 and 220 riod End. riod End. Abstract: The Commission initiates a R&O ...... 04/04/17 82 FR 20833 R&O on Remand, 04/13/15 80 FR 19737 Declaratory Rul- rulemaking proceeding to review the Next Action Unde- termined. ing, and Order. Uniform System of Accounts (USOA) to NPRM ...... 06/02/17 82 FR 25568 consider ways to minimize the Regulatory Flexibility Analysis NPRM Comment 07/03/17 compliance burdens on incumbent local Required: Yes. Period End. exchange carriers while ensuring that Agency Contact: Robin Cohn, Declaratory Rul- 02/22/18 83 FR 7852 the Agency retains access to the ing, R&O, and Attorney Advisor, Federal Order. information it needs to fulfill its Communications Commission, 445 12th regulatory duties. In light of the Next Action Unde- Street SW, Washington, DC 20554, termined. Commission’s actions in areas of price Phone: 202 418–2747, Email: cap regulation, universal service reform, [email protected]. Regulatory Flexibility Analysis and intercarrier compensation reform, RIN: 3060–AK20 Required: Yes. the Commission stated that it is likely Agency Contact: Melissa Kirkel, appropriate to streamline the existing 462. Restoring Internet Freedom (WC Docket No. 17–108); Protecting and Attorney Advisor, Federal rules even though those reforms may Communications Commission, Wireline not have eliminated the need for Promoting the Open Internet (GN Docket No. 14–28) Competition Bureau, 445 12th Street accounting data for some purposes. The SW, Washington, DC 20554, Phone: 202 Commission’s analysis and proposals E.O. 13771 Designation: Independent 418–7958, Fax: 202 418–1413, Email: are divided into three parts. First, the agency. [email protected]. Commission proposes to streamline the Legal Authority: 47 U.S.C. 151; 47 RIN: 3060–AK21 USOA accounting rules while U.S.C. 154(i) and (j); 47 U.S.C. 201(b) preserving their existing structure. Abstract: In December 2017, the 463. Technology Transitions; GN Second, the Commission seeks more Commission adopted the Restoring Docket No. 13–5, WC Docket No. 05–25; focused comment on the accounting internet Freedom Declaratory Ruling, Accelerating Wireline Broadband requirements needed for price cap Report and Order, and Order (Restoring Deployment by Removing Barriers to carriers to address our statutory and internet Freedom Order), which restored Infrastructure Investment; WC Docket regulatory obligations. Third, the the light-touch regulatory framework No. 17–84 Commission seeks comment on several under which the internet had grown and E.O. 13771 Designation: Independent related issues, including state thrived for decades by classifying agency. requirements, rate effects, broadband internet access service as an Legal Authority: 47 U.S.C. 214; 47 implementation, continuing property information service. The Restoring U.S.C. 251 records, and legal authority. internet Freedom Order ends title II Abstract: On April 20, 2017, the On February 23, 2017, the regulation of the internet and returns Commission adopted a Notice of Commission adopted a Report and broadband internet access service to its Proposed Rulemaking, Notice of Order that revised the part 32 USOA to long-standing classification as an Inquiry, and Request for Comment substantially reduce accounting burdens information service; reinstates the (Wireline Infrastructure NPRM, NOl, for both price cap and rate-of-return determination that mobile broadband and RFC) seeking input on a number of carriers. First, the Order streamlines the internet access service is not a actions designed to accelerate: (1) The VerDate Sep<11>2014 00:11 Mar 31, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 17026 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda deployment of next-generation networks legacy networks and services to next Declaratory Ruling. In July 2016, the and services by removing barriers to generation networks and advanced Commission adopted a Second Report infrastructure investment at the Federal, services that benefit the American and Order, Declaratory Ruling, and State, and local level; (2) the transition public and to promote broadband Order on Reconsideration that: (i) from legacy copper networks and deployment by further streamlining the Adopted a new test for obtaining services to next-generation fiber-based section 214(a) discontinuance rules, streamlined treatment when carriers networks and services; and (3) the network change disclosure processes, seek Commission authorization to reduction of Commission regulations and part 68 customer notification discontinue legacy services in favor of that raise costs and slow, rather than process. services based on newer technologies; facilitate, broadband deployment. The Wireline Infrastructure NPRM, (ii) set forth consumer education On November 16, 2017, the NOI, and RFC sought comment on requirements for carriers seeking to Commission adopted a Report and additional issues not addressed in the discontinue legacy services in favor of Order (R&O), Declaratory Ruling, and November Wireline Infrastructure Order services based on newer technologies; Further Notice of Proposed Rulemaking or the June Wireline Infrastructure (iii) allowed notice to customers of (Wireline Infrastructure Order) that Second Report and Order. It sought discontinuance applications by email; takes a number of actions and seeks comment on changes to the (iv) required carriers to provide notice comment on further actions designed to Commission’s pole attachment rules to: of discontinuance applications to Tribal accelerate the deployment of next- (1) Streamline the timeframe for gaining entities; (v) made a technical rule generation networks and services access to utility poles; (2) reduce change to create a new title for copper through removing barriers to charges paid by attachers for work done retirement notices and certifications; infrastructure investment. to make a pole ready for new and (vi) harmonized the timeline for The Wireline Infrastructure Order attachments; and (3) establish a formula competitive LEC discontinuances took a number of actions. First, the for computing the maximum pole caused by incumbent LEC network Report and Order revised the pole attachment rate that may be imposed on changes. attachment rules to reduce costs for an incumbent LEC. attachers, reforms the pole access The Wireline Infrastructure NPRM, On August 2, 2018, the Commission complaint procedures to settle access NOI, and RFC also sought comment on adopted a Third Report and Order and disputes more swiftly, and increases whether the Commission should enact Declaratory Ruling (Wireline access to infrastructure for certain types rules, consistent with its authority Infrastructure Third Report and Order) of broadband providers. Second, the under section 253 of the Act, to promote establishing a new framework for the Report and Order revised the section the deployment of broadband vast majority of pole attachments 214(a) discontinuance rules and the infrastructure by preempting State and governed by Federal law by instituting network change notification rules, local laws that inhibit broadband a one-touch make-ready regime, in including those applicable to copper deployment. It also sought comment on which a new attacher may elect to retirements, to expedite the process for whether there are State laws governing perform all simple work to prepare a carriers seeking to replace legacy the maintenance or retirement of copper pole for new wireline attachments in the network infrastructure and legacy facilities that serve as a barrier to communications space. This new services with advanced broadband deploying next-generation technologies framework includes safeguards to networks and innovative new services. and services that the Commission might promote coordination among parties Third, the Report and Order reversed a seek to preempt. and ensures that new attachers perform 2015 ruling that discontinuance Previously, in November 2014, the work safely and reliably. The authority is required for solely Commission adopted a Notice of Commission retained its multi-party wholesale services to carrier-customers. Proposed Rulemaking and Declaratory pole attachment process for attachments Fourth, the Declaratory Ruling Ruling that: (1) Proposed new backup that are complex or above the abandoned the 2014 ‘‘functional test’’ power rules; (2) proposed new or communications space of a pole, but interpretation of when section 214 revised rules for copper retirements and made significant modifications to speed discontinuance applications are service discontinuances; and (3) deployment, promote accurate billing, required, bringing added clarity to the adopted a functional test in determining expand the use of self-help for new section 214(a) discontinuance process what constitutes a service for purposes attachers when attachment deadlines for carriers and consumers alike. of section 214(a) discontinuance review. are missed, and reduce the likelihood of Finally, the Further Notice of Proposed In August 2015, the Commission coordination failures that lead to Rulemaking sought comment on adopted a Report and Order, Order on unwarranted delays. The Commission additional potential pole attachment Reconsideration, and Further Notice of also improved its pole attachment rules reforms, reforms to the network change Proposed Rulemaking that: (i) by codifying and redefining disclosure and section 214(a) Lengthened and revised the copper Commission precedent that requires discontinuance processes, and ways to retirement process; (ii) determined that utilities to allow attachers to overlash facilitate rebuilding networks impacted a carrier must obtain Commission existing wires, thus maximizing the by natural disasters. Various parties approval before discontinuing a service usable space on the pole; eliminating filed a Petition for Review of the used as a wholesale input if the carrier’s outdated disparities between the pole Wireline Infrastructure Order in the U.S. actions will discontinue service to a attachment rates that incumbent carriers Court of Appeals for the Ninth Circuit. carrier-customer’s retail end users; (iii) must pay compared to other similarly- The Ninth Circuit denied the Petition on adopted an interim rule requiring situated cable and telecommunications January 23, 2020 on the grounds that the incumbent LECs that seek to attachers; and clarifying that the parties lacked standing. discontinue certain TDM-based Commission will preempt, on an On June 7, 2018, the Commission wholesale services to commit to certain expedited case-by-case basis, State and adopted a Second Report and Order rates, terms, and conditions; (iv) local laws that inhibit the rebuilding or (Wireline Infrastructure Second Report proposed further revisions to the copper restoration of broadband infrastructure and Order) taking further actions retirement discontinuance process; and after a disaster. The Commission also designed to expedite the transition from (v) upheld the November 2014 adopted a Declaratory Ruling that VerDate Sep<11>2014 23:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 17027 interpreted section 253(a) of the goal of universal service to include Action Date FR Cite Communications Act to prohibit State increased access to both and local express and de facto moratoria telecommunications and advanced R&O and Order 11/07/19 84 FR 59937 on the deployment of services such as high-speed internet for on Recon. telecommunications services or all consumers at just, reasonable and Order on Recon .. 12/09/19 84 FR 67220 facilities and directed the Wireline affordable rates. The Act established R&O ...... 12/20/19 84 FR 70026 R&O ...... 12/27/19 84 FR 71308 Competition and Wireless principles for universal service that R&O ...... 01/17/20 85 FR 3044 Telecommunications Bureaus to act specifically focused on increasing Report & Order ... 03/10/20 85 FR 13773 promptly on petitions challenging access to evolving services for Report & Order ... 05/11/20 85 FR 19892 specific alleged moratoria. Numerous consumers living in rural and insular Declaratory Rul- 08/04/20 85 FR 48134 parties filed appeals of the Wireline areas, and for consumers with low- ing/2nd FNPRM. Infrastructure Third Report and Order, incomes. Additional principles called Next Action Unde- and the appeals were consolidated in for increased access to high-speed termined. the U.S. Court of Appeals of the Ninth internet in the nation’s schools, Circuit. On August 12, 2020, the Ninth libraries, and rural healthcare facilities. Regulatory Flexibility Analysis Circuit issued an opinion upholding the The FCC established four programs Required: Yes. Wireline Infrastructure Third Report within the Universal Service Fund to Agency Contact: Nakesha Woodward, and Order in all respects. implement the statute: Connect America Program Support Assistant, Federal Timetable: Fund (formally known as High-Cost Communications Commission, 445 12th Support) for rural areas; Lifeline (for Street SW, Washington, DC 20554, Action Date FR Cite low-income consumers), including Phone: 202 418–1502, Email: initiatives to expand phone service for [email protected]. NPRM ...... 01/06/15 80 FR 450 Native Americans; Schools and RIN: 3060–AK57 NPRM Comment 02/05/15 Period End. Libraries (E-rate); and Rural Healthcare. 465. Toll Free Assignment NPRM Reply 03/09/15 The Universal Service Fund is paid Modernization and Toll Free Service Comment Pe- for by contributions from Access Codes: WC Docket No. 17–192, riod End. telecommunications carriers, including CC Docket No. 95–155 FNPRM ...... 09/25/15 80 FR 57768 wireline and wireless companies, and E.O. 13771 Designation: Independent R&O ...... 09/25/15 80 FR 57768 interconnected Voice over internet agency. FNPRM Comment 10/26/15 Protocol (VoIP) providers, including Period End. Legal Authority: 47 U.S.C. 151; 47 cable companies that provide voice U.S.C. 154(i); 47 U.S.C. 201(b); 47 U.S.C. FNPRM Reply 11/24/15 service, based on an assessment on their Comment Pe- 251(e)(1) riod End. interstate and international end-user Abstract: In this Report and Order 2nd R&O ...... 09/12/16 81 FR 62632 revenues. The Universal Service (Order), the Federal Communications NPRM ...... 05/16/17 82 FR Administrative Company, or USAC, Commission (FCC) initiates an auction 224533 administers the four programs and to distribute certain toll free numbers. NPRM Comment 06/15/17 collects monies for the Universal The numbers to be auctioned will be in Period End. Service Fund under the direction of the the new 833 toll free code for which NPRM Reply 07/17/17 FCC. Comment Pe- there have been multiple, competing On February 7, 2020, the Commission requests. riod End. launched $20 Billion Rural Digital R&O ...... 12/28/17 82 FR 61520 By using an auction, the FCC will FNPRM Comment 01/17/18 Opportunity Fund. ensure that sought-after numbers are Period End. On April 2, 2020, the Commission awarded to the parties that value them FNPRM Reply 02/16/18 fought COVID–19 with $200M; Adopts most. In addition, the FCC will reserve Comment Pe- Long-Term Connected Care Study. certain 833 numbers for distribution to riod End. On July 17, 2020, the Commission government and non-profit entities that 2nd R&O ...... 07/09/18 83 FR 31659 integrated provisions of the recently request them for public health and 3rd R&O ...... 09/14/18 83 FR 46812 enacted Secure and Trusted safety purposes. The FCC will study the Next Action Unde- Communications Networks Acts of 2019 termined. results of the auction to determine how into the existing supply chain to best use the mechanism to distribute rulemaking. Regulatory Flexibility Analysis toll-free numbers equitably and Timetable: Required: Yes. efficiently in the future as well. Revenues from the auction will be used Agency Contact: Michele Berlove, Action Date FR Cite Special Counsel, Competition Policy to defray the cost of toll-free numbering Div., WCB, Federal Communications R&O and FNPRM 01/13/17 82 FR 4275 administration, reducing the cost of Commission, 445 12th Street SW, NPRM Comment 02/13/17 numbering for all users. The Order Washington, DC 20554, Phone: 202 418– Period End. establishing the toll-free number auction 1477, Email: [email protected]. NPRM Reply 02/27/17 will also authorize and accommodate RIN: 3060–AK32 Comment Pe- the use of a secondary market for riod End. numbers awarded at auction to further 464. Implementation of the Universal R&O and Order 03/21/17 82 FR 14466 distribute these numbers to the entities Service Portions of the 1996 on Recon. that value them most. The Order also Telecommunications Act Order on Recon .. 05/19/17 82 FR 22901 Order on Recon .. 06/08/17 82 FR 26653 adopted several definitional and E.O. 13771 Designation: Independent Memorandum, 06/21/17 82 FR technical updates to improve clarity and agency. Opinion & 228224 flexibility in toll-free number Legal Authority: 47 U.S.C. 151 et seq. Order. assignment. Abstract: The Telecommunications NPRM ...... 07/30/19 84 FR 36865 The Commission sought comment and Act of 1996 expanded the traditional NPRM ...... 08/21/19 84 FR 43543 then adopted auctions procedures and VerDate Sep<11>2014 23:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 17028 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda deadlines on August 2, 2019. Bidding TRACED Act directs the Commission to Action Date FR Cite for the auction occurred on December require all voice service providers to 17, 2019, and Somos issued an implement STIR/SHAKEN in the NPRM ...... 06/24/19 84 FR 29478 announcement of the winning bidders internet Protocol (IP) portions of their NPRM Comment 08/23/19 on December 20, 2019. On December 16, networks, and to implement an effective Period End. 2019, to facilitate the preparation of its caller ID authentication framework in 3rd FNPRM Com- 08/23/19 ment Period study of the auction, the Bureau charged the non-IP portions of their networks. End. the North American Numbering The TRACED Act further creates R&O and FNPRM 03/31/20 85 FR 22029 Council, via its Toll Free Access processes by which voice service FNPRM Comment 05/29/20 Modernization Working Group, to issue providers may be exempt from this Period End. a report evaluating various aspects of mandate if the Commission determines Next Action Unde- the 833 Auction, and recommending they have achieved certain termined. improvements for any future toll free implementation benchmarks, and by number auctions. which voice service providers may be Regulatory Flexibility Analysis On January 16, 2020, Somos released granted a delay in compliance based on Required: Yes. all of the 833 Auction data for public a finding of undue hardship because of Agency Contact: Matthew Collins, review. On March 13, 2020, the Bureau burdens or barriers to implementation Attorney Advisor, Federal invited public comment on the 833 or based on a delay in development of Communications Commission, 445 12th Auction in preparation for issuing a a caller ID authentication protocol for Street SW, Washington, DC 20554, report on the lessons learned from the calls delivered over non-IP networks. Phone: 202 418–7141, Email: Auction. Comments were due on April On March 31, 2020, the Commission [email protected]. 13, 2020. On July 14, 2020, the North adopted a Report and Order and Further RIN: 3060–AL00 American Numbering Council approved Notice of Proposed Rulemaking (WC 467. Implementation of the National the Toll Free Assignment Modernization Docket Nos. 17–97, 20–67). The Report Suicide Improvement Act of 2018 Working Group’s report, Perspectives on and Order mandated that all originating E.O. 13771 Designation: Independent the December 2019 Auction of Numbers and terminating voice service providers agency. in the 833 Numbering Plan Area. implement the STIR/SHAKEN caller ID Legal Authority: 47 U.S.C. 201; 47 Timetable: authentication framework in the IP U.S.C. 251 portions of their networks by June 30, Action Date FR Cite Abstract: On August 14, 2018, 2021. In the Further Notice the Congress passed the National Suicide Commission sought comment on NPRM ...... 10/13/17 82 FR 47669 Hotline Improvement Act (Act). Public NPRM Comment 11/13/17 extending the STIR/SHAKEN Law 115–233, 132 Stat. 2424 (2018). The Period End. implementation mandate to purpose of the Act was to study and Final Rule ...... 10/23/18 83 FR 53377 intermediate providers. The report on the feasibility of designating a Next Action Unde- Commission also sought comment on 3-digit dialing code to be used for a termined. proposals to (1) grant an extension for national suicide prevention and mental compliance with the STIR/SHAKEN health crisis hotline system by Regulatory Flexibility Analysis implementation mandate for small voice considering each of the current N11 Required: Yes. service providers so long as those Agency Contact: Matthew Collins, designations. The Act directed the providers implement a robocall Commission to: (1) Conduct a study that Attorney Advisor, Federal mitigation program; (2) require voice Communications Commission, 445 12th examines the feasibility of designating a service providers using non-IP simple, easy-to-remember, 3-digit Street SW, Washington, DC 20554, technology either to upgrade their Phone: 202 418–7141, Email: dialing code to be used for a national networks to IP to enable STIR/SHAKEN suicide prevention and mental health [email protected]. implementation, or work to develop RIN: 3060–AK91 crisis hotline system; and (2) analyze non-IP caller ID authentication how well the current National Suicide 466. Call Authentication Trust Anchor technology and implement a robocall Prevention Lifeline is working to mitigation program in the interim; (3) E.O. 13771 Designation: Independent address the needs of veterans. The Act establish a process whereby a voice agency. also directed the Commission to Legal Authority: 47 U.S.C. 201; 47 service provider may be exempt from coordinate with the Department of U.S.C. 251; 47 U.S.C. 227b the STIR/SHAKEN implementation Health and Human Services’ Substance Abstract: On June 6, 2019, the mandate if the provider has achieved Abuse and Mental Health Services Commission adopted a Declaratory certain implementation benchmarks; (4) Administration (SAMHSA), the Ruling and Third Further Notice of prohibit voice service providers from Secretary of Veterans Affairs, and the Proposed Rulemaking (CG Docket No. imposing line item charges on consumer North American Numbering Council 17–59, WC Docket No. 17–97) that and small business subscribers for caller (NANC) in conducting the study, and to proposed and sought comment on ID authentication; and (5) propose and produce a report on the study by August mandating implementation of STIR/ seek comment on measures to 14, 2019. SHAKEN in the event that major voice implement other TRACED Act On August 14, 2019, the Wireline service providers did not voluntarily provisions concerning caller ID Competition Bureau and Office of implement the framework by the end of authentication and access to number Economics and Analytics submitted its 2019. resources. report to Congress recommending that: On December 30, 2019, Congress Timetable: (1) A 3-digit dialing code be used for a enacted the Pallone-Thune Telephone national suicide prevention and mental Action Date FR Cite Robocall Abuse Criminal Enforcement health crisis hotline system; and (2) the and Deterrence (TRACED) Act. Along NOI ...... 07/14/17 Commission should initiate a with numerous other provisions DR and 3rd 06/06/19 84 FR 29478 rulemaking proceeding to consider directed at addressing robocalls, the FNPRM. I I designating 988 as the 3-digit code. VerDate Sep<11>2014 23:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 17029 On December 12, 2019, the mass market broadband services in Regulatory Flexibility Analysis Commission released a notice of urban areas and numerous intermodal Required: Yes. proposed rulemaking (NPRM) proposing voice capabilities and services. But Agency Contact: Victoria Goldberg, to designate 988 as a new, nationwide, recognizing that rural areas pose special Attorney–Advisor, Federal 3-digit dialing code for a suicide challenges for broadband deployment, Communications Commission, Wireline prevention and mental health crisis the NPRM does not propose any change Competition Bureau, 445 12th Street hotline. WC Docket No. 18–336. The to unbundling requirements for SW, Washington, DC 20554, Phone: 202 NPRM proposes that calls made to 988 broadband-capable loops in rural areas. 418–7353, Email: victoria.goldberg@ be directed to the existing National The NPRM seeks to promote the fcc.gov. Suicide Prevention Lifeline, which is Commission’s efforts to reduce RIN: 3060–AL03 made up of an expansive network of unnecessary and outdated regulatory over 170 crisis centers located across the burdens that appear to discourage the United States, and to the Veterans Crisis deployment of next-generation FEDERAL COMMUNICATIONS Line. The NPRM also proposes to networks, delay the IP transition, COMMISSION (FCC) require all telecommunications carriers unnecessarily burden incumbent LECs and interconnected VoIP service with no similar obligations placed on Completed Actions providers to make, within 18 months, their competitors, and no longer benefit 470. Process Reform for Executive any changes necessary to ensure that consumers or serve the purpose for users can dial 988 to reach the National Branch Review of Certain FCC which they were intended. Applications and Petitions Involving Suicide Prevention Lifeline and Timetable: Veterans Crisis Line. Foreign Ownership (IB Docket No. 16– On July 16, 2020, the Commission Action Date FR Cite 155) adopted an Order designating 988 as the E.O. 13771 Designation: Independent 3-digit number to reach the Lifeline and NPRM ...... 01/06/20 85 FR 472 agency. Veterans Crisis Line (800–273–TALK or NPRM Comment 03/06/20 Legal Authority: 47 U.S.C. 154(i); 47 800–273–8255) and requiring all Period End. U.S.C. 154(j); 47 U.S.C. 214; 47 U.S.C. Next Action Unde- telecommunications carriers, termined. 303; 47 U.S.C. 309; 47 U.S.C. 310; 47 interconnected voice over internet U.S.C. 34–39; Executive Order No. Protocol (VoIP) providers, and one-way Regulatory Flexibility Analysis 10530, Section 5(a) reprinted as VoIP providers to make any network Required: Yes. amended in 3 U.S.C. 301 changes necessary to ensure that users Agency Contact: Michele Berlove, Abstract: The FCC is reviewing the can dial 988 to reach the Lifeline by July Special Counsel, Competition Policy process by which it coordinates review 16, 2022. Div., WCB, Federal Communications of certain applications and petitions Timetable: Commission, 445 12th Street SW, with the Executive Branch. The FCC refers certain applications to the Action Date FR Cite Washington, DC 20554, Phone: 202 418– 1477, Email: [email protected]. relevant Executive Branch agencies for their input on any national security, law NPRM ...... 01/15/20 85 FR 2359 RIN: 3060–AL02 NPRM Comment 03/16/20 enforcement, foreign policy, and trade Period End. 469. Eliminating Ex Ante Pricing policy concerns that may arise from the Next Action Unde- Regulation and Tariffing of Telephone foreign ownership interests held in the termined. Access Charges (WC Docket 20–71) applicants and petitioners. In an NPRM E.O. 13771 Designation: Independent released in 2016, the FCC sought Regulatory Flexibility Analysis agency. comment on proposals to streamline Required: Yes. Legal Authority: 47 U.S.C. 151; 47 and facilitate the process for obtaining Agency Contact: Michelle Sclater, U.S.C. 154(i); 47 U.S.C. 160; 47 U.S.C. information necessary for Executive Attorney, Wireline Competition Bureau, 201 to 203; 47 U.S.C. 214; 47 U.S.C. 225; Branch review and identify expected Federal Communications Commission, 47 U.S.C. 251; 47 U.S.C. 254; 47 U.S.C. time frames, while ensuring that it 445 12th Street SW, Washington, DC 303(r); 47 U.S.C. 616 continues to take Executive Branch 20554, Phone: 202 418–0388, Email: Abstract: The NPRM proposes to concerns into consideration as part of its [email protected]. deregulate and detariff Telephone public interest review. Specifically, the RIN: 3060–AL01 Access Charges, which represent the last FCC sought comment on proposals that 468. Modernizing Unbundling and handful of interstate end-user charges applicants provide (for Executive Resale Requirements in an Era of Next- that remain subject to regulation. The Branch review) additional information Generation Networks and Services Notice also proposes to prohibit all on ownership, network operations, and related matters when filing their E.O. 13771 Designation: Independent carriers from separately listing these charges on customers’ bills. given that applications; that require applicants to agency. make certain law enforcement/national Legal Authority: 47 U.S.C. 10; 47 some Telephone Access Charges are security-related certifications; that U.S.C. 251 used to calculate contributions to the Abstract: On November 22, 2019, the Federal Universal Service Fund and establish timeframes for Executive Commission adopted a Notice of other federal programs as well as high Branch review; and other revisions to Proposed Rulemaking (NPRM) seeking cost support this Notice also proposes the application process to streamline the comment on proposals to update the and seeks comment on ways to .ensure review process. unbundling and avoided-cost resale stability in funding these programs. Timetable: obligations stemming from the 1996 Act Timetable: Action Date FR Cite and applicable only to incumbent LECs. Action Date FR Cite Many of these obligations appear to no NPRM ...... 07/09/16 81 FR 46870 longer be necessary in many geographic NPRM ...... 04/01/20 85 FR 30899 NPRM Comment 09/02/16 areas due to vigorous competition for Period End. I VerDate Sep<11>2014 23:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 17030 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Action Date FR Cite International Bureau, 445 12th Street SW, Washington, DC 20554, Phone: 202 Merged With 09/28/20 418–1465, Fax: 202 418–0175, Email: 3060–AL12. [email protected]. RIN: 3060–AL04 Regulatory Flexibility Analysis Required: Yes. [FR Doc. 2021–04333 Filed 3–30–21; 8:45 am] BILLING CODE 6712–01–P Agency Contact: Arthur T. Lechtman, Attorney Advisor, Federal Communications Commission, VerDate Sep<11>2014 23:55 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00028 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP24.SGM 31MRP24 jbell on DSKJLSW7X2PROD with PROPOSALS24 FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part XXV Federal Reserve System Semiannual Regulatory Agenda VerDate Sep<11>2014 00:09 Mar 31, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP25.SGM 31MRP25 jbell on DSKJLSW7X2PROD with PROPOSALS25 17032 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda FEDERAL RESERVE SYSTEM ADDRESSES: Comments should be Agency, in the Unified Agenda is on a addressed to Ann E. Misback, Secretary voluntary basis. 12 CFR Chapter II of the Board, Board of Governors of the The Board’s agenda is divided into Federal Reserve System, Washington, four sections. The first, Proposed Rule Semiannual Regulatory Flexibility DC 20551. Stage, reports on matters the Board may Agenda FOR FURTHER INFORMATION CONTACT: A consider for public comment during the AGENCY: Board of Governors of the staff contact for each item is indicated next 6 months. The second section, Federal Reserve System. with the regulatory description below. Final Rule Stage, reports on matters that have been proposed and are under ACTION: Semiannual regulatory agenda. SUPPLEMENTARY INFORMATION: The Board Board consideration. The third section, is publishing its fall 2020 agenda as part Long-Term Actions, reports on matters SUMMARY: The Board is issuing this of the Fall 2020 Unified Agenda of agenda under the Regulatory Flexibility where the next action is undetermined, Federal Regulatory and Deregulatory 00/00/0000, or will occur more than 12 Act and the Board’s Statement of Policy Actions, which is coordinated by the Regarding Expanded Rulemaking months after publication of the Agenda. Office of Management and Budget under And a fourth section, Completed Procedures. The Board anticipates Executive Order 12866. The agenda also having under consideration regulatory Actions, reports on regulatory matters identifies rules the Board has selected the Board has completed or is not matters as indicated below during the for review under section 610(c) of the • period November 1, 2020, through April expected to consider further. A dot ( ) Regulatory Flexibility Act, and public preceding an entry indicates a new 30, 2020. The next agenda will be comment is invited on those entries. published in spring 2021. matter that was not a part of the Board’s The complete Unified Agenda will be previous agenda. DATES: Comments about the form or available to the public at the following content of the agenda may be submitted website: www.reginfo.gov. Participation Yao-Chin Chao, any time during the next 6 months. by the Board, as an independent Assistant Secretary of the Board. FEDERAL RESERVE SYSTEM—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 471 ...... Source of Strength (Section 610 Review) ...... 7100–AE73 472 ...... Regulation LL—Savings and Loan Holding Companies and Regulation MM—Mutual Holding Companies 7100–AD80 (Docket No: R–1429). FEDERAL RESERVE SYSTEM—COMPLETED ACTIONS Regulation Sequence No. Title Identifier No. 473 ...... Regulation O—Loans to Executive Officers, Directors, and Principal Shareholders of Member Banks 7100–AF93 (Docket No: R–1722). FEDERAL RESERVE SYSTEM (FRS) Action Date FR Cite 472. Regulation LL—Savings and Loan Holding Companies and Regulation Long-Term Actions Next Action Unde- To Be Determined MM—Mutual Holding Companies 471. Source of Strength (Section 610 termined. (Docket No: R–1429) Review) Regulatory Flexibility Analysis E.O. 13771 Designation: Independent Required: Undetermined. agency. E.O. 13771 Designation: Independent Legal Authority: 5 U.S.C. 552; 5 U.S.C. agency. Agency Contact: Melissa Clark, Lead Financial Institution Policy Analyst, 559; 5 U.S.C. 1813; 5 U.S.C. 1817; 5 Legal Authority: 12 U.S.C. 1831(o) Federal Reserve System, Division of U.S.C. 1828 Abstract: The Board of Governors of Supervision and Regulation, Abstract: The Dodd-Frank Wall Street the Federal Reserve System (Board), the Washington, DC 20551, Phone: 202 452– Reform and Consumer Protection Act Office of the Comptroller of the 2277. (the Dodd-Frank Act) transferred Currency (OCC), and the Federal Barbara Bouchard, Senior Associate responsibility for supervision of Savings Deposit Insurance Corporation (FDIC) Director, Federal Reserve System, and Loan Holding Companies (SLHCs) plan to issue a proposed rule to Division of Supervision and Regulation, and their non-depository subsidiaries implement section 616(d) of the Dodd- Washington, DC 20551, Phone: 202 452– from the Office of Thrift Supervision (OTS) to the Board of Governors of the Frank Wall Street Reform and Consumer 3072. Federal Reserve System (the Board), on Protection Act. Section 616(d) requires Jay Schwarz, Special Counsel, Federal July 21, 2011. The Act also transferred that bank holding companies, savings Reserve System, Legal Division, Washington, DC 20551, Phone: 202 452– supervisory functions related to Federal and loan holding companies, and other 2970. savings associations and State savings companies that directly or indirectly Claudia Von Pervieux, Senior associations to the Office of the control an insured depository Counsel, Federal Reserve System, Legal Comptroller of the Currency (OCC) and institution serve as a source of strength Division, Washington, DC 20551, Phone: the Federal Deposit Insurance for the insured depository institution. 202 452–2552. Corporation (FDIC), respectively. The Timetable: RIN: 7100–AE73 Board on August 12, 2011, approved an VerDate Sep<11>2014 00:09 Mar 31, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP25.SGM 31MRP25 jbell on DSKJLSW7X2PROD with PROPOSALS25 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 17033 interim final rule for SLHCs, including the Board made technical amendments Timetable: a request for public comment. The to implement section 312(b)(2)(A) of the interim final rule transferred from the Act, which transfers to the Board all Action Date FR Cite OTS to the Board the regulations rulemaking authority under section 11 necessary for the Board to supervise of the Home Owner’s Loan Act relating Interim Final Rule 07/16/20 SLHCs, with certain technical and Effective. to transactions with affiliates and Board Adopted In- 07/16/20 85 FR 39464 substantive modifications. The interim extensions of credit to executive terim Final Rule. final rule has three components: (1) officers, directors, and principal I New Regulation LL (part 238), which shareholders. These amendments Regulatory Flexibility Analysis sets forth regulations generally include revisions to parts 215 (Insider Required: Yes. governing SLHCs; (2) new Regulation Transactions) and part 223 Agency Contact: Laurie Schaffer, MM (part 239), which sets forth (Transactions with Affiliates) of Board Deputy General Counsel, Federal regulations governing SLHCs in mutual regulations. Reserve System, Legal Division, form; and (3) technical amendments to Timetable: Washington, DC 20551, Phone: 202 452– existing Board regulations necessary to 2272. accommodate the transfer of supervisory Action Date FR Cite Alison Thro, Deputy Associate authority for SLHCs from the OTS to the General Counsel, Federal Reserve Board. The structure of interim final Board Requested 09/13/11 76 FR 56508 System, Legal Division, Washington, DC Regulation LL closely follows that of the Comment. Board Expects 12/00/21 20551, Phone: 202 452–3236, Email: Board’s Regulation Y, which governs Further Action. [email protected]. bank holding companies, in order to Benjamin McDonough, Assistant provide an overall structure to rules that Regulatory Flexibility Analysis General Counsel, Federal Reserve were previously found in disparate Required: Yes. System, Legal Division, Washington, DC locations. In many instances, interim Agency Contact: Keisha Patrick, final Regulation LL incorporated OTS 20551, Phone: 202 452–2036. Special Counsel, Federal Reserve Daniel Hickman, Counsel, Federal regulations with only technical System, Legal Division, Washington, DC modifications to account for the shift in Reserve System, Legal Division, 20551, Phone: 202 452–3559. Washington, DC 20552, Phone: 202 973– supervisory responsibility from the OTS RIN: 7100–AD80 to the Board. Interim final Regulation LL 7432. also reflects statutory changes made by Joshua Strazanac, Senior Attorney, the Dodd-Frank Act with respect to Federal Reserve System, Legal Division, SLHCs, and incorporates Board FEDERAL RESERVE SYSTEM (FRS) Washington, DC 20551, Phone: 202 452– 2457. precedent and practices with respect to Completed Actions applications processing procedures and Anna Lee Hewko, Associate Director, control issues, among other matters. 473. • Regulation O—Loans to Federal Reserve System, Division of Interim final Regulation MM organized Executive Officers, Directors, and Supervision and Regulation, existing OTS regulations governing Principal Shareholders of Member Washington, DC 20551, Phone: 202 530– SLHCs in mutual form (MHCs) and their Banks (Docket No: R–1722) 6260. Constance Horsley, Deputy Associate subsidiary holding companies into a E.O. 13771 Designation: Independent Director, Federal Reserve System, single part of the Board’s regulations. In agency. many instances, interim final Regulation Legal Authority: 12 U.S.C. 375 Division of Supervision and Regulation, MM incorporated OTS regulations with Abstract: On April 17, 2020, the Washington, DC 20551, Phone: 202 452– only technical modifications to account Board of Governors of the Federal 5239. for the shift in supervisory Reserve System issued an interim final Juan Climent, Assistant Director, responsibility from the OTS to the rule to except certain loans made by Federal Reserve System, Division of Board. Interim final Regulation MM also June 30, 2020, that are guaranteed under Supervision and Regulation, reflects statutory changes made by the the Small Business Administration’s Washington, DC 20551, Phone: 202 872– Dodd-Frank Act with respect to MHCs. Paycheck Protection Program from the 7526. The interim final rule also made requirements of section 22(h) of the Kathryn Ballintine, Manager, Federal technical amendments to Board rules to Federal Reserve Act and the Reserve System, Division of Supervision facilitate supervision of SLHCs, corresponding provisions of the Board’s and Regulation, Washington, DC 20551, including to rules implementing Regulation O. The Board is issuing this Phone: 202 452–2555. Community Reinvestment Act interim final rule to expand the RIN: 7100–AF93 requirements and to Board procedural exception to apply to PPP loans made [FR Doc. 2021–04325 Filed 3–30–21; 8:45 am] and administrative rules. In addition, through August 8, 2020. BILLING CODE 6210–01–P VerDate Sep<11>2014 00:09 Mar 31, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP25.SGM 31MRP25 jbell on DSKJLSW7X2PROD with PROPOSALS25 VerDate Mar 15 2010 04:16 Oct 27, 2011 Jkt 000000 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 C:\DOCS\BLANK.FR DEV003 FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part XXVI Nuclear Regulatory Commission Semiannual Regulatory Agenda VerDate Sep<11>2014 00:43 Mar 31, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP26.SGM 31MRP26 jbell on DSKJLSW7X2PROD with PROPOSALS26 17036 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda NUCLEAR REGULATORY dockets to Carol Gallagher; telephone: B. Submitting Comments COMMISSION 301–415–3463; email: Carol.Gallagher@ Please include Docket ID NRC–2020– nrc.gov. [NRC–2020–0197] 0197 in your comment submission. For additional direction on obtaining The NRC cautions you not to include information and submitting comments, 10 CFR Chapter I identifying or contact information that see ‘‘Obtaining Information and you do not want to be publicly Unified Agenda of Federal Regulatory Submitting Comments’’ in the disclosed in your comment submission. and Deregulatory Actions+ SUPPLEMENTARY INFORMATION section of The NRC will post all comment this document. submissions at http:// AGENCY: Nuclear Regulatory FOR FURTHER INFORMATION CONTACT: www.regulations.gov as well as enter the Commission. Cindy Bladey, Office of Nuclear comment submissions into the ACTION: Semiannual regulatory agenda. Material Safety and Safeguards, U.S. Agencywide Documents Access and Nuclear Regulatory Commission, Management System (ADAMS). The SUMMARY: We are publishing our Washington, DC 20555–0001, telephone: semiannual regulatory agenda (the NRC does not routinely edit comment 301–415–3280; email: Cindy.Bladey@ submissions to remove identifying or Agenda) in accordance with Public Law nrc.gov. Persons outside the 96–354, ‘‘The Regulatory Flexibility contact information. Washington, DC, metropolitan area may If you are requesting or aggregating Act,’’ and Executive Order 12866, call, toll-free: 1–800–368–5642. For comments from other persons for ‘‘Regulatory Planning and Review.’’ further information on the substantive submission to the NRC, then you should This Agenda issuance also contains our content of any rulemaking activity listed inform those persons not to include annual regulatory plan, which contains in the Agenda, contact the individual identifying or contact information that information on some of the more listed under the heading ‘‘Agency they do not want to be publicly important regulatory actions that we are Contact’’ for that rulemaking activity. disclosed in their comment submission. considering issuing in proposed or final SUPPLEMENTARY INFORMATION: Your request should state that the NRC form during Fiscal Year 2021. The does not routinely edit comment NRC’s complete Agenda, available on Obtaining Information and Submitting submissions to remove such information the Office of Management and Budget’s Comments before making the comment website at https://www.reginforgov, is a A. Obtaining Information submissions available to the public or compilation of all rulemaking activities entering the comment into ADAMS. on which we have recently completed Please refer to Docket ID NRC–2020– action or have proposed or are 0197 when contacting the NRC about Introduction considering action. We have completed the availability of information for this document. You may obtain publicly- The Agenda is a compilation of all 7 rulemaking activities since rulemaking activities on which an publication of our last Agenda on, available information related to this document by any of the following agency has recently completed action or August 26, 2020 (85 FR 52858). This has proposed or is considering action. issuance of our Agenda contains 32 methods: • Federal Rulemaking Website: Go to The Agenda reports rulemaking active and 17 long-term rulemaking activities in three major categories: activities: 2 are Economically http://www.regulations.gov and search for Docket ID NRC–2020–0197. Completed, active, and long-term. Significant; 15 represent Other • Completed rulemaking activities are Significant agency priorities; 28 are Attention: The Public Document Room (PDR), where you may examine those that were completed since Substantive, Nonsignificant rulemaking publication of an agency’s last Agenda; activities; and 4 are Administrative and order copies of public documents is currently closed. You may submit your active rulemaking activities are those rulemaking activities. In addition, 2 that an agency currently plans to have rulemaking activities impact small request to the PDR via email at [email protected] or call 1–800– an Advance Notice of Proposed entities; the entries for these activities Rulemaking, a Proposed Rule, or a Final are printed in this document. We are 397–4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, Rule issued within the next 12 months; requesting comment on the rulemaking and long-term rulemaking activities are activities as identified in this Agenda. except Federal holidays. • Reginfo.gov: rulemaking activities under DATES: Submit comments on rulemaking Æ For completed rulemaking development but for which an agency activities as identified in this Agenda by activities go to https://www.reginfo.gov/ does not expect to have a regulatory April 30, 2021. public/do/eAgendaHistory?show action within the 12 months after ADDRESSES: Submit comments on any Stage=completed, select ‘‘Fall 2020 The publication of the current edition of the rulemaking activity in the Agenda by Regulatory Plan and the Unified Agenda Unified Agenda. the date and methods specified in the of Federal Regulatory and Deregulatory The NRC assigns a ‘‘Regulation Federal Register notice for the Actions’’ from drop down menu, and Identifier Number’’ (RIN) to a rulemaking activity. Comments received select ‘‘Nuclear Regulatory rulemaking activity when our on rulemaking activities for which the Commission’’ from drop down menu. Commission initiates a rulemaking and comment period has closed will be Æ For active rulemaking activities go approves a rulemaking plan, or when considered if it is practical to do so, but to https://www.reginfo.gov/public/do/ the NRC staff begins work on a assurance of consideration cannot be eAgendaMain and select ‘‘Nuclear Commission delegated rulemaking that given except for comments received on Regulatory Commission’’ from drop does not require a rulemaking plan. The or before the closure date specified in down menu. Office of Management and Budget uses the Federal Register notice. You may Æ For long-term rulemaking activities this number to track all relevant submit comments on this Agenda go to https://www.reginfo.gov/public/ documents throughout the entire through the Federal Rulemaking website do/eAgendaMain, select link for ‘‘lifecycle’’ of a particular rulemaking by going to https://www.regulations.gov ‘‘Current Long Term Actions’’, and activity. The NRC reports all rulemaking and searching for Docket ID NRC–2020– select ‘‘Nuclear Regulatory activities in the Agenda that have been 0197. Address questions about NRC Commission’’ from drop down menu. assigned a RIN and meet the definition VerDate Sep<11>2014 00:43 Mar 31, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP26.SGM 31MRP26 jbell on DSKJLSW7X2PROD with PROPOSALS26 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 17037 for a completed, an active, or a long- The Agenda is intended to provide the this edition of the Agenda. A complete term rulemaking activity. public early notice and opportunity to listing of our regulations that impact The information contained in this participate in our rulemaking process. small entities and related Small Entity Agenda is updated to reflect any action However, we may consider or act on any Compliance Guides are available from that has occurred on a rulemaking rulemaking activity even though it is not the NRC’s website at http:// activity since publication of our last included in the Agenda. www.nrc.gov/about-nrc/regulatory/ rulemaking/flexibility-act/small- Agenda on, August 26, 2020 (85 FR Section 610 Periodic Reviews Under the entities.html. 52858). Specifically, the information in Regulatory Flexibility Act this Agenda has been updated through Public Comments Received on NRC September 4, 2020. The NRC provides Section 610 of the Regulatory Unified Agenda additional information on planned Flexibility Act (RFA) requires agencies rulemaking and petition for rulemaking to conduct a review within 10 years of The comment period on the NRC’s activities, including priority and promulgation of those regulations that last Agenda (published on, August 26, schedule, on our website at https:// have or will have a significant economic 2020 (85 FR 52858)) will close on www.nrc.gov/about-nrc/regulatory/ impact on a substantial number of small September 25, 2020. rulemaking/rules-petitions.html#cprlist. entities. We undertake these reviews to Dated at Rockville, Maryland, this 4th day The date for the next scheduled action decide whether the rules should be of September 2020. under the heading ‘‘Timetable’’ is the unchanged, amended, or withdrawn. At For the Nuclear Regulatory Commission. date the next regulatory action for the this time, we do not have any rules that Cindy K. Bladey, rulemaking activity is scheduled to be have a significant economic impact on Chief, Regulatory Analysis and Rulemaking published in the Federal Register. The a substantial number of small entities; Support Branch, Division of Rulemaking, date is considered tentative and is not therefore, we have not included any Office of Nuclear Material Safety and binding on the Commission or its staff. RFA Section 610 periodic reviews in Safeguards. NUCLEAR REGULATORY COMMISSION—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 474 ...... Revision of Fee Schedules: Fee Recovery for FY 2021 [NRC–2018–0292] (Reg Plan Seq No. 128) ...... 3150–AK24 References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. NUCLEAR REGULATORY COMMISSION—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 475 ...... Revision of Fee Schedules: Fee Recovery for FY 2022 [NRC–2020–0031] ...... 3150–AK44 NUCLEAR REGULATORY COMMISSION—COMPLETED ACTIONS Regulation Sequence No. Title Identifier No. 476 ...... Revision of Fee Schedules: Fee Recovery for FY 2020 [NRC–2017–0228] ...... 3150–AK10 NUCLEAR REGULATORY Legal Authority: 31 U.S.C. 483; 42 Agency Contact: Anthony Rossi, COMMISSION (NRC) U.S.C. 2201; 42 U.S.C. 2214; 42 U.S.C. Nuclear Regulatory Commission, Office 5841 of the Chief Financial Officer, Proposed Rule Stage Abstract: This rulemaking would Washington, DC 20555–0001, Phone: 474. Revision of Fee Schedules: Fee amend the NRC’s regulations for fee 301 415–7341, Email: anthony.rossi@ Recovery for FY 2021 [NRC–2018–0292] schedules. The NRC conducts this nrc.gov. rulemaking annually to recover Regulatory Plan: This entry is Seq. RIN: 3150–AK44 approximately 100 percent of the NRC’s No. 128 in part II of this issue of the FY 2022 budget authority, less excluded Federal Register. activities to implement NEIMA. This RIN: 3150–AK24 rulemaking would affect the fee NUCLEAR REGULATORY schedules for licensing, inspection, and COMMISSION (NRC) annual fees charged to the NRC’s Completed Actions NUCLEAR REGULATORY applicants and licensees. COMMISSION (NRC) Timetable: 476. Revision of Fee Schedules: Fee Recovery for FY 2020 [NRC–2017–0228] Long-Term Actions Action Date FR Cite E.O. 13771 Designation: Independent 475. Revision of Fee Schedules: Fee NPRM ...... 02/00/22 agency. Recovery for FY 2022 [NRC–2020–0031] Legal Authority: 31 U.S.C. 483; 42 E.O. 13771 Designation: Independent Regulatory Flexibility Analysis U.S.C. 2201; 42 U.S.C. 2214; 42 U.S.C. agency. Required: Yes. 5841 VerDate Sep<11>2014 00:43 Mar 31, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP26.SGM 31MRP26 jbell on DSKJLSW7X2PROD with PROPOSALS26 17038 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Abstract: This rulemaking would annual fees charged to the NRC’s Regulatory Flexibility Analysis amend the NRC’s regulations for fee applicants and licensees. Required: Yes. schedules. The NRC conducts this Timetable: Agency Contact: Anthony Rossi, rulemaking annually to recover Nuclear Regulatory Commission, Office approximately 90 percent of its budget Action Date FR Cite of the Chief Financial Officer, authority in a given fiscal year to NPRM ...... 02/18/20 85 FR 9328 Washington, DC 20555–0001, Phone: implement the Omnibus Budget NPRM Comment 03/19/20 301 415–7341, Email: anthony.rossi@ Reconciliation Act of 1990, as amended. Period End. nrc.gov. This rulemaking would affect the fee Final Rule ...... 06/19/20 85 FR 37250 RIN: 3150–AK10 Final Rule Effec- 08/18/20 schedules for licensing, inspection, and [FR Doc. 2021–04347 Filed 3–30–21; 8:45 am] tive. BILLING CODE 7590–01–P VerDate Sep<11>2014 00:43 Mar 31, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP26.SGM 31MRP26 jbell on DSKJLSW7X2PROD with PROPOSALS26 FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part XXVII Securities and Exchange Commission Semiannual Regulatory Agenda VerDate Sep<11>2014 00:46 Mar 31, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP27.SGM 31MRP27 jbell on DSKJLSW7X2PROD with PROPOSALS27 17040 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda SECURITIES AND EXCHANGE ADDRESSES: Comments may be a significant economic impact on a COMMISSION submitted by any of the following substantial number of small entities (5 methods: U.S.C. 602(a)). The RFA specifically 17 CFR Chapter II provides that publication of the agenda Electronic Comments does not preclude an agency from • [Release Nos. 33–10873, 34–90131, IA–5610, Use the Commission’s internet considering or acting on any matter not IC–34047, File No. S7–14–20] comment form (http://www.sec.gov/ included in the agenda and that an rules/other.shtml); or agency is not required to consider or act Regulatory Flexibility Agenda • Send an email to rule-comments@ on any matter that is included in the sec.gov. Please include File Number S7– agenda (5 U.S.C. 602(d)). The AGENCY: Securities and Exchange 14–20 on the subject line. Commission may consider or act on any Commission. Paper Comments matter earlier or later than the estimated ACTION: Semiannual regulatory agenda. • date provided on the agenda. While the Send paper comments to Vanessa agenda reflects the current intent to SUMMARY: The Securities and Exchange Countryman, Secretary, Securities and complete a number of rulemakings in Commission is publishing the Exchange Commission, 100 F Street NE, the next year, the precise dates for each Chairman’s agenda of rulemaking Washington, DC 20549–1090. rulemaking at this point are uncertain. actions pursuant to the Regulatory All submissions should refer to File No. Actions that do not have an estimated Flexibility Act (RFA) (Pub. L. 96–354, S7–14–20. This file number should be date are placed in the long-term 94 Stat. 1164) (Sep. 19, 1980). The items included on the subject line if email is category; the Commission may listed in the Regulatory Flexibility used. To help us process and review nevertheless act on items in that Agenda for Fall 2020 reflect only the your comments more efficiently, please category within the next 12 months. The priorities of the Chairman of the U.S. use only one method. The Commission agenda includes new entries, entries Securities and Exchange Commission, will post all comments on the carried over from prior publications, and do not necessarily reflect the view Commission’s internet website (http:// and rulemaking actions that have been and priorities of any individual www.sec.gov/rules/other.shtml). completed (or withdrawn) since Commissioner. Comments are also available for website publication of the last agenda. Information in the agenda was viewing and printing in the The following abbreviations for the accurate on October 7, 2020, the date on Commission’s Public Reference Room, acts administered by the Commission which the Commission’s staff completed 100 F Street NE, Washington, DC 20549, are used in the agenda: compilation of the data. To the extent on official business days between the ‘‘Securities Act’’—Securities Act of 1933 possible, rulemaking actions by the hours of 10:00 a.m. and 3:00 p.m. All ‘‘Exchange Act’’—Securities Exchange Commission since that date have been comments received will be posted Act of 1934 reflected in the agenda. The without change. Persons submitting ‘‘Investment Company Act’’— Commission invites questions and comments are cautioned that we do not Investment Company Act of 1940 public comment on the agenda and on redact or edit personal identifying ‘‘Investment Advisers Act’’—Investment the individual agenda entries. information from submissions. You Advisers Act of 1940 The Commission is now printing in should submit only information that ‘‘Dodd Frank Act’’—Dodd-Frank Wall the Federal Register, along with our you wish to make available publicly. preamble, only those agenda entries for Street Reform and Consumer FOR FURTHER INFORMATION CONTACT: Sarit Protection Act which we have indicated that Klein, Office of the General Counsel, The Commission invites public preparation of an RFA analysis is 202–551–5037. required. comment on the agenda and on the SUPPLEMENTARY INFORMATION: The RFA individual agenda entries. The Commission’s complete RFA requires each Federal agency, twice agenda will be available online at each year, to publish in the Federal By the Commission. www.reginfo.gov. Register an agenda identifying rules that Dated: October 8, 2020. DATES: Comments should be received on the agency expects to consider in the Vanessa A. Countryman, or before April 30, 2021. next 12 months that are likely to have Secretary. DIVISION OF CORPORATION FINANCE—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 477 ...... Mandated Electronic Filings ...... 3235–AM15 478 ...... Amendments to Rule 701/Form S–8 ...... 3235–AM38 479 ...... Rule 144 Holding Period and Form 144 Filings ...... 3235–AM78 480 ...... Temporary Rules to Include Certain ‘‘Platform Workers’’ in Compensatory Offerings Under Rule 701 and 3235–AM79 Form S–8. DIVISION OF CORPORATION FINANCE—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 481 ...... Universal Proxy ...... 3235–AL84 482 ...... Filing Fee Disclosure and Payment Methods Modernization ...... 3235–AL96 483 ...... Harmonization of Exempt Offerings ...... 3235–AM27 VerDate Sep<11>2014 00:46 Mar 31, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP27.SGM 31MRP27 jbell on DSKJLSW7X2PROD with PROPOSALS27 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 17041 DIVISION OF CORPORATION FINANCE—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 484 ...... Listing Standards for Recovery of Erroneously Awarded Compensation ...... 3235–AK99 485 ...... Pay Versus Performance ...... 3235–AL00 486 ...... Corporate Board Diversity ...... 3235–AL91 DIVISION OF CORPORATION FINANCE—COMPLETED ACTIONS Regulation Sequence No. Title Identifier No. 487 ...... Amendments to Financial Disclosures About Acquired Businesses ...... 3235–AL77 488 ...... Amending the ‘‘Accredited Investor’’ Definition ...... 3235–AM19 489 ...... Procedural Requirements and Resubmission Thresholds Under Exchange Act Rule 14a–8 ...... 3235–AM49 490 ...... Amendments to Exemptions From the Proxy Rules for Proxy Voting Advice ...... 3235–AM50 DIVISION OF INVESTMENT MANAGEMENT—PROPUSED RULE STAGE Regulation Sequence No. Title Identifier No. 491 ...... Investment Company Shareholder Report and Modernization of Certain Investment Company Disclosure 3235–AM52 492 ...... Amendments to the Family Office Rule ...... 3235–AM67 DIVISION OF INVESTMENT MANAGEMENT—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 493 ...... Use of Derivatives by Registered Investment Companies and Business Development Companies ...... 3235–AL60 494 ...... Investment Adviser Advertisements; Compensation for Solicitations ...... 3235–AM08 495 ...... Investment Company Fair Value ...... 3235–AM71 DIVISION OF INVESTMENT MANAGEMENT—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 496 ...... Reporting of Proxy Votes on Executive Compensation and Other Matters ...... 3235–AK67 497 ...... Amendments to Form 13F Filer Threshold ...... 3235–AM65 498 ...... Amendments to the Custody Rules for Investment Companies ...... 3235–AM66 499 ...... Amendments to Rule 17a–7 Under the Investment Company Act ...... 3235–AM69 500 ...... Amendments to Improve Fund Proxy System ...... 3235–AM73 DIVISION OF INVESTMENT MANAGEMENT—COMPLETED ACTIONS Regulation Sequence No. Title Identifier No. 501 ...... Fund of Funds Arrangements ...... 3235–AM29 502 ...... Amendments to Procedures With Respect to Applications under the Investment Company Act of 1940 ..... 3235–AM51 DIVISION OF TRADING AND MARKETS—LONG-TERM ACTIONS Regulation Sequence No. Title Identifier No. 503 ...... Removal of Certain References to Credit Ratings Under the Securities Exchange Act of 1934 ...... 3235–AL14 OFFICES AND OTHER PROGRAMS—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 504 ...... Amendments to Certain Provisions of the Auditor Independence Rules ...... 3235–AM63 VerDate Sep<11>2014 00:46 Mar 31, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP27.SGM 31MRP27 jbell on DSKJLSW7X2PROD with PROPOSALS27 17042 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda SECURITIES AND EXCHANGE 479. • Rule 144 Holding Period and U.S.C. 78o; 15 U.S.C. 78w(a); 15 U.S.C. COMMISSION (SEC) Form 144 Filings 78mm; . . . Abstract: The Division is considering Division of Corporation Finance E.O. 13771 Designation: Independent agency. recommending that the Commission Proposed Rule Stage Legal Authority: 12 U.S.C. 5461 et propose temporary rule amendments to Rule 701 and Form S–8 for offers and 477. Mandated Electronic Filings seq.; 15 U.S.C. 77b; 15 U.S.C. 77b note; 15 U.S.C. 77c; 15 U.S.C. 77d; 15 U.S.C. sales of securities for a compensatory E.O. 13771 Designation: Independent 77f; 15 U.S.C. 77g; 15 U.S.C. 77h; 15 purpose to certain platform workers. agency. U.S.C. 77j; 15 U.S.C. 77r; 15 U.S.C. 77s; Timetable: Legal Authority: 15 U.S.C. 77d; 15 15 U.S.C. 77s(a); 15 U.S.C. 77z–2; 15 U.S.C. 77f; 15 U.S.C. 77g; 15 U.S.C. 77h; U.S.C. 77z–3; 15 U.S.C. 77sss; 15 U.S.C. Action Date FR Cite 15 U.S.C. 77j; 15 U.S.C. 77s(a); 15 U.S.C. 77sss(a); 15 U.S.C. 78a et seq.; 15 U.S.C. NPRM ...... 11/00/20 78c; 15 U.S.C. 78l; 15 U.S.C. 78m; 15 78c; 15 U.S.C. 78c(b); 15 U.S.C. 78d; 15 U.S.C. 78n; 15 U.S.C. 78o(d); 15 U.S.C. U.S.C. 78j; 15 U.S.C. 78l; 15 U.S.C. 78m; Regulatory Flexibility Analysis 78p; 15 U.S.C. 78w(a); 15 U.S.C. 78ll 15 U.S.C. 78n; 15 U.S.C. 78o; 15 U.S.C. Abstract: The Division is considering Required: Yes. 78o–7 note; 15 U.S.C. 78o(d); 15 U.S.C. recommending that the Commission Agency Contact: Elliot Staffin, 78t; 15 U.S.C. 78u–5; 15 U.S.C. 78w; 15 propose amendments to Regulation S–T Division of Corporation Finance, U.S.C. 78w(a); 15 U.S.C. 78ll; 15 U.S.C. that would update the mandated Securities and Exchange Commission, 78ll(d); 15 U.S.C. 78mm; 15 U.S.C. 80a– electronic submissions requirements to 100 F Street NE, Washington, DC 20549, 2(a); 15 U.S.C. 80a–3; 15 U.S.C. 80a– include additional filings. Phone: 202 551–3450, Email: staffine@ 6(c); 15 U.S.C. 80a–8; 15 U.S.C. 80a–9; Timetable: sec.gov. 15 U.S.C. 80a–10; 15 U.S.C. 80a–13; 15 RIN: 3235–AM79 Action Date FR Cite U.S.C. 80a–24; 15 U.S.C. 80a–26; 15 U.S.C. 80a–28; 15 U.S.C. 80a–29; 15 NPRM ...... 10/00/21 U.S.C. 80a–30; 15 U.S.C. 80a–37; 15 U.S.C. 7201 et seq.; 18 U.S.C, 1350; Sec SECURITIES AND EXCHANGE Regulatory Flexibility Analysis 953(b) Pub. L. 111–203, 124 Stat. 1904; COMMISSION (SEC) Required: Yes. Sec 102(a)(3) Pub. L. 112–106, 126 Stat. Division of Corporation Finance Agency Contact: Sean Harrison, 309 (2012); Sec 107 Pub. L. 112–106, Division of Corporation Finance, 126 Stat. 313 (2012); Sec 201(a) Pub. L. Final Rule Stage Securities and Exchange Commission, 112–106, 126 Stat. 313 (2012); Sec 401 481. Universal Proxy 100 F Street NE, Washington, DC 20549, Pub. L. 112–106, 126 Stat. 313 (2012); Phone: 202 551–3430, Email: Sec 72001 Pub. L. 114–94, 129 Stat. E.O. 13771 Designation: Independent [email protected]. 1312 (2015), unless otherwise noted; agency. RIN: 3235–AM15 ... Legal Authority: 15 U.S.C. 78n; 15 Abstract: The Division is considering U.S.C. 78w(a) 478. Amendments to Rule 701/Form recommending that the Commission Abstract: The Division is considering S–8 propose amendments to Rule 144, a recommending that the Commission E.O. 13771 Designation: Independent non-exclusive safe harbor that permits adopt amendments to the proxy rules to agency. the public resale of restricted or control allow a shareholder voting by proxy to Legal Authority: 15 U.S.C. 77bb securities if the conditions of the rule choose among duly-nominated Abstract: The Division is considering are met, and rule amendments to update candidates in a contested election of recommending that the Commission the electronic filing requirements directors. propose rule amendments to Securities applicable to Form 144. Timetable: Act Rule 701, the exemption from Timetable: registration for securities issued by non- Action Date FR Cite reporting companies pursuant to Action Date FR Cite compensatory arrangements, and Form NPRM ...... 11/10/16 81 FR 79122 NPRM ...... 12/00/20 NPRM Comment 01/09/17 S–8, the registration statement for Period End. compensatory offerings by reporting Final Action ...... 10/00/21 companies. Regulatory Flexibility Analysis I Timetable: Required: Yes. Agency Contact: John Fieldsend, Regulatory Flexibility Analysis Required: Yes. Action Date FR Cite Division of Corporation Finance, Securities and Exchange Commission, Agency Contact: Ted Yu, Division of ANPRM ...... 07/24/18 83 FR 34958 100 F Street NE, Washington, DC 20549, Corporation Finance, Securities and ANPRM Comment 09/24/18 Phone: 202 551–3430, Email: Exchange Commission, 100 F Street NE, Period End. [email protected]. Washington, DC 20549, Phone: 202 551– NPRM ...... 11/00/20 RIN: 3235–AM78 3440, Email: [email protected]. I I RIN: 235–AL84 • Regulatory Flexibility Analysis 480. Temporary Rules To Include 482. Filing Fee Disclosure and Payment Required: Yes. Certain ‘‘Platform Workers’’ in Agency Contact: Anne M. Krauskopf, Compensatory Offerings Under Rule Methods Modernization Division of Corporation Finance, 701 and Form S–8 E.O. 13771 Designation: Independent Securities and Exchange Commission, E.O. 13771 Designation: Independent agency. 100 F Street NE, Washington, DC 20549, agency. Legal Authority: 15 U.S.C. 77g; 15 Phone: 202 551–3500, Email: Legal Authority: 15 U.S.C. 77g; 15 U.S.C. 77j; 15 U.S.C. 77s(a); 15 U.S.C. [email protected]. U.S.C. 77j; 15 U.S.C. 77s(a); 15 U.S.C. 78c; 15 U.S.C. 78l; 15 U.S.C. 78m; 15 RIN: 3235–AM38 78c(b); 15 U.S.C. 78l; 15 U.S.C. 78m; 15 U.S.C. 78o(d); 15 U.S.C. 78s(a); 15 VerDate Sep<11>2014 00:46 Mar 31, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP27.SGM 31MRP27 jbell on DSKJLSW7X2PROD with PROPOSALS27 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 17043 U.S.C. 78ll; 15 U.S.C. 80a–8; 15 U.S.C. SECURITIES AND EXCHANGE Agency Contact: Steven G. Hearne, 80a–24; 15 U.S.C. 80a–29; 15 U.S.C. COMMISSION (SEC) Division of Corporation Finance, 80a–37 Securities and Exchange Commission, Division of Corporation Finance Abstract: The Division is considering 100 F Street NE, Washington, DC 20549, recommending that the Commission Long-Term Actions Phone: 202 551–3430, Email: hearnes@ adopt amendments that would sec.gov. 484. Listing Standards for Recovery of modernize filing fee disclosure and RIN: 3235–AL00 Erroneously Awarded Compensation payment methods by requiring fee 486. Corporate Board Diversity calculation information to be provided E.O. 13771 Designation: Independent in a structured format, and by updating agency. E.O. 13771 Designation: Independent the fee payment options. The Legal Authority: Pub. L. 111–203, sec. agency. amendments are intended to improve 954; 15 U.S.C. 78j–4 Legal Authority: 15 U.S.C. 77c(b); 15 filing fee preparation and payment Abstract: The Commission proposed U.S.C. 77f; 15 U.S.C. 77g; 15 U.S.C. 78l; processing by facilitating both enhanced rules to implement section 954 of the 15 U.S.C. 78m validation through fee structuring and Dodd-Frank Act, which requires the Abstract: The Division is considering lower-cost, easily routable payments. Commission to adopt rules to direct recommending that the Commission Timetable: national securities exchanges to prohibit propose amendments to the proxy rules the listing of securities of issuers that to require additional disclosure about Action Date FR Cite have not developed and implemented a the diversity of board members and policy providing for disclosure of the nominees. NPRM ...... 12/27/19 84 FR 71580 issuer’s policy on incentive-based Timetable: Next Action NPRM Comment 02/25/20 compensation and mandating the Undetermined. Period End. clawback of such compensation in Final Action ...... 05/00/21 Regulatory Flexibility Analysis I I certain circumstances. Required: Yes. Timetable: Regulatory Flexibility Analysis Agency Contact: Felicia H. Kung, Required: Yes. Action Date FR Cite Division of Corporation Finance, Agency Contact: Mark W. Green, Securities and Exchange Commission, Division of Corporation Finance, NPRM ...... 07/14/15 80 FR 41144 100 F Street NE, Washington, DC 20549, Securities and Exchange Commission, NPRM Comment 09/14/15 Phone: 202 551–3430, Email: kungf@ 100 F Street NE, Washington, DC Period End. sec.gov. 20549–0301, Phone: 202 551–3430, Next Action Unde- RIN: 3235–AL91 termined. Email: [email protected]. RIN: 3235–AL96 Regulatory Flexibility Analysis 483. Harmonization of Exempt Required: Yes. SECURITIES AND EXCHANGE Offerings Agency Contact: Anne M. Krauskopf, COMMISSION (SEC) Division of Corporation Finance, Division of Corporation Finance E.O. 13771 Designation: Independent Securities and Exchange Commission, agency. 100 F Street NE, Washington, DC 20549, Completed Actions Legal Authority: 15 U.S.C. 77a et seq. Phone: 202 551–3500, Email: 487. Amendments to Financial Abstract: The Division is considering [email protected]. recommending that the Commission RIN: 3235–AK99 Disclosures About Acquired Businesses adopt rule amendments to harmonize E.O. 13771 Designation: Independent 485. Pay Versus Performance and streamline the Commission’s rules agency. for exempt offerings under the E.O. 13771 Designation: Independent Legal Authority: 15 U.S.C. 77g; 15 Securities Act of 1933, including agency. U.S.C. 77j; 15 U.S.C. 77s(a); 15 U.S.C. Regulation A, Regulation D, and Legal Authority: Pub. L. 111–203, sec. 77z–3; 15 U.S.C. 78c(b); 15 U.S.C. 78l; Regulation Crowdfunding, in order to 953(a); 15 U.S.C. 78c(b); 15 U.S.C. 78n; 15 U.S.C. 78m; 15 U.S.C. 78o(d); 15 enhance their clarity and ease of use. 15 U.S.C. 78w(a); 15 U.S.C. 78mm U.S.C. 78w(a); 15 U.S.C. 778mm; 15 Timetable: Abstract: The Commission proposed U.S.C. 77c; 15 U.S.C. 77f; 15 U.S.C. 80a– rules to implement section 953(a) of the 6(c); 15 U.S.C. 80a–8; 15 U.S.C. 80a– Action Date FR Cite Dodd-Frank Act, which added section 24(a); 15 U.S.C. 80a–29; 15 U.S.C. 80a– 14(i) to the Exchange Act to require ANPRM ...... 06/26/19 84 FR 30460 37 issuers to disclose information that Abstract: The Commission adopted ANPRM Comment 09/24/19 shows the relationship between Period End. amendments to Regulation S–X (Rule 3– NPRM ...... 03/31/20 85 FR 17956 executive compensation actually paid 05) that affect the disclosure of financial NPRM Comment 06/01/20 and the financial performance of the information of acquired businesses. Period End. issuer. When a registrant acquires a business Timetable: Final Action ...... 11/00/20 other than a real estate operation, Rule Action Date FR Cite 305 generally requires a registrant to Regulatory Flexibility Analysis provide separate audited annual and Required: Yes. NPRM ...... 05/07/15 80 FR 26329 unaudited interim pre-acquisition Agency Contact: Jennifer Zepralka, NPRM Comment 07/06/15 financial statements of the business if it Division of Corporation Finance, Period End. is significant to the registrant. Securities and Exchange Commission, Next Action Unde- Timetable: 100 F Street NE, Washington, DC 20549, termined. Phone: 202 551–3430, Email: zepralkaj@ Action Date FR Cite sec.gov. Regulatory Flexibility Analysis RIN: 3235–AM27 Required: Yes. ANPRM ...... 10/01/15 80 FR 59083 VerDate Sep<11>2014 01:20 Mar 31, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP27.SGM 31MRP27 jbell on DSKJLSW7X2PROD with PROPOSALS27 17044 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Action Date FR Cite Action Date FR Cite adversely affect the timely provision of proxy voting advice. The amendments ANPRM Comment 11/30/15 NPRM ...... 01/15/20 85 FR 2574 add conditions to the availability of Period End. NPRM Comment 03/16/20 certain existing exemptions from the NPRM ...... 05/28/19 84 FR 24600 Period End. information and filing requirements of NPRM Comment 07/29/19 Final Action ...... 10/09/20 85 FR 64234 the Federal proxy rules that are Period End. Final Action Effec- 12/08/20 Final Action ...... 08/31/20 85 FR 54002 tive. commonly used by proxy voting advice businesses. These conditions require Regulatory Flexibility Analysis compliance with disclosure and Regulatory Flexibility Analysis procedural requirements, including Required: Yes. Required: Yes. Agency Contact: Jennifer Zepralka, conflicts of interest disclosures by proxy Agency Contact: Todd Hardiman, Division of Corporation Finance, voting advice businesses and two Division of Corporation Finance, Securities and Exchange Commission, principles-based requirements. In Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549, addition, the amendments codify the 100 F Street NE, Washington, DC 20549, Phone: 202 551–3430, Email: zepralkaj@ Commission’s interpretation that proxy Phone: 202 551–3516, Email: sec.gov. voting advice generally constitutes a [email protected]. RIN: 3235–AM19 solicitation within the meaning of the Patrick Gilmore, Deputy Chief Securities Exchange Act of 1934. Accountant, Division of Corporation 489. Procedural Requirements and Finally, the amendments clarify when Finance, Securities and Exchange Resubmission Thresholds Under the failure to disclose certain Commission, 100 F Street NE, Exchange Act Rule 14A–8 information in proxy voting advice may Washington, DC 20549, Phone: 202 E.O. 13771 Designation: Independent be considered misleading within the 551–3406, Email: [email protected]. agency meaning of the antifraud provision of RIN: 3235–AL77 Legal Authority: 15 U.S.C. 78a et seq.; the proxy rules, depending upon the 15 U.S.C. 78c(b); 15 U.S.C. 78n; 15 particular facts and circumstances. 488. Amending the ‘‘Accredited U.S.C. 78w(a) Timetable: Investor’’ Definition Abstract: The Commission adopted amendments regarding the thresholds Action Date FR Cite E.O. 13771 Designaion: Independent for shareholder proposals under Rule agency. NPRM ...... 12/04/19 84 FR 66518 14a–8. Legal Authority: 15 U.S.C. 77a et seq. NPRM Comment 02/03/20 Timetable: Period End. Abstract: The Commission adopted Final Action ...... 09/03/20 85 FR 55082 amendments to the definition of Action Date FR Cite accredited investor’’ to add new Regulatory Flexibility Analysis categories of qualifying natural persons NPRM ...... 12/04/19 84 FR 66458 NPRM Comment 02/03/20 Required: Yes. and entities and to make certain other Period End. Agency Contact: Dan Greenspan, modifications to the existing definition. Final Action ...... 11/04/20 85 FR 70240 Division of Corporation Finance, The amendments are intended to update Final Action Effec- 01/04/21 Securities and Exchange Commission, and improve the definition to identify tive—Except for 100 F Street NE, Washington, DC 20549, more effectively investors that have Amendatory In- Phone: 202 551–3623, Email: sufficient knowledge and expertise to struction 2.b [email protected]. participate in investment opportunities which is effec- RIN: 3235–AM50 that do not have the rigorous disclosure tive 1/4/2021 and procedural requirements, and thru 1/1/23. related investor protections, provided Regulatory Flexibility Analysis SECURITIES AND EXCHANGE by registration under the Securities Act Required: Yes. COMMISSION (SEC) of 1933. Specifically, the amendments Agency Contact: Dan Greenspan, add new categories of natural persons Division of Corporation Finance, Division of Investment Management that may qualify as accredited investors Securities and Exchange Commission, Proposed Rule Stage based on certain professional 100 F Street NE, Washington, DC 20549, certifications or designations or other Phone: 202 551–3623, Email: 491. Investment Company Shareholder credentials or their status as a private [email protected]. Report and Modernization of Certain fund’s knowledgeable employee,’’ RIN: 3235–AM49 Investment Company Disclosure expand the list of entities that may E.O. 13771 Designation: Independent qualify as accredited investors, add 490. Amendments to Exemptions From agency. entities owning $5 million in the Proxy Rules for Proxy Voting Legal Authority: 15 U.S.C. 77e ; 15 investments, add family offices with at Advice U.S.C. 77g; 15 U.S.C. 77j; 15 U.S.C.77s; least $5 million in assets under E.O. 13771 Designation: Independent 15 U.S.C. 78c(b); 15 U.S.C. 77f; 15 management and their family clients, agency. U.S.C. 78j; 15 U.S.C. 78m; 15 U.S.C. and add the term spousal equivalent’’ to Legal Authority: 15 U.S.C. 78a et seq. 78n; 15 U.S.C. 78o; 15 U.S.C. 78mm; 15 the definition. The amendments also Abstract: The Commission adopted U.S.C. 80a–6; 15 U.S.C. 80a–8; 15 U.S.C. include amendments to the qualified amendments to its rules governing 80a–20; 15 U.S.C. 80a–24; 15 U.S.C. institutional buyer’’ definition in Rule proxy solicitations so that investors who 80a–29; 15 U.S.C. 80a–37; 44 U.S.C. 144A under the Securities Act to use proxy voting advice receive more 3506; 44 U.S.C. 3507 expand the list of entities that are transparent, accurate, and complete Abstract: The Division is considering eligible to qualify as qualified information on which to make their recommending that the Commission institutional buyers. voting decisions, without imposing propose a new streamlined shareholder Timetable: undue costs or delays that could report under the Investment Company VerDate Sep<11>2014 00:46 Mar 31, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP27.SGM 31MRP27 jbell on DSKJLSW7X2PROD with PROPOSALS27 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 17045 Act of 1940. The Division is also 15 U.S.C. 80a–37; 15 U.S.C. 80a–8; 15 Phone: 202 551–6722, Email: harkem@ considering recommending that the U.S.C. 80a–22(c); 15 U.S.C. 80a–18; 15 sec.gov. Commission propose rule and form U.S.C. 78c; 15 U.S.C. 78c–5; 15 U.S.C. RIN: 3235–AM08 amendments to improve and modernize 78j; 15 U.S.C. 78o; 15 U.S.C. 78m; 15 495. Investment Company Fair Value certain aspects of the current disclosure U.S.C. 78o–10; 15 U.S.C. 78q; 15 U.S.C. framework under the Investment 78w; 15 U.S.C. 78mm; 15 U.S.C. 80b–6; E.O. 13771 Designation: Independent Company Act. 15 U.S.C. 80b–6a; 15 U.S.C. 80b–8; 15 agency. Timetable: U.S.C. 80b–aa; 15 U.S.C. 77f; 15 U.S.C. Legal Authority: 15 U.S.C. 80a–2(a); 77g; 15 U.S.C. 77j; 15 U.S.C. 77s; 15 15 U.S.C. 80a–6(c); 15 U.S.C. 80a–37(a) Action Date FR Cite U.S.C. 78ll Abstract: The Division is considering Abstract: The Division is considering recommending that the Commission NPRM ...... 11/05/20 85 FR 70716 recommending that the Commission adopt a rule regarding the valuation NPRM Comment 01/04/21 practices and the role of the board of Period End. adopt a new rule designed to enhance I I the regulation of the use of derivatives directors with respect to the fair value by registered investment companies, of the investments of a registered Regulatory Flexibility Analysis investment company or business Required: Yes. including mutual funds, exchange- traded funds, closed-end funds, and development company. Agency Contact: Michael Kosoff, Timetable: Division of Investment Management, business development companies. Timetable: Securities and Exchange Commission, Action Date FR Cite 100 F Street NE, Washington, DC 20549, Action Date FR Cite Phone: 202 551–6754, Email: kosoffm@ NPRM ...... 05/13/20 85 FR 28734 NPRM Comment 07/21/20 sec.gov. NPRM ...... 12/28/15 80 FR 80884 Period End. RIN: 3235–AM52 NPRM Comment 03/28/16 Final Action ...... 12/00/20 492. Amendments to the Family Office Period End. I Second NPRM .... 01/24/20 85 FR 4446 Rule Second NPRM 03/04/20 Regulatory Flexibility Analysis E.O. 13771 Designation: Independent Comment Pe- Required: Yes. agency. riod End. Agency Contact: Thoreau Adrian Legal Authority: 15 U.S.C. 80b– Final Action ...... 11/00/20 Bartmann, Division of Investment 2(a)(11)(G); 15 U.S.C. 80b–6a Management, Securities and Exchange Abstract: The Division is considering Regulatory Flexibility Analysis Commission, 100 F Street NE, recommending that the Commission Required: Yes. Washington, DC 20549, Phone: 202 551– propose targeted amendments to the Agency Contact: Brian Johnson, 6745, Email: [email protected]. family office rule under section Division of Investment Management, RIN: 3235–AM71 202(a)(11) of the Investment Advisers Securities and Exchange Commission, Act of 1940. Family offices, as so 100 F Street NE, Washington, DC 20549, defined in the Act, are excluded from Phone: 202 551–6740, Email: SECURITIES AND EXCHANGE the Act’s definition of investment [email protected]. COMMISSION (SEC) adviser, and are thus not subject to any RIN: 3235–AL60 Division of Investment Management of the provisions of the Act. 494. Investment Adviser Timetable: Advertisements; Compensation for Long-Term Actions Solicitations Action Date FR Cite 496. Reporting of Proxy Votes on E.O. 13771 Designation: Independent Executive Compensation and Other NPRM ...... 05/00/21 agency. Matters Legal Authority: 15 U.S.C. 80b–b(4); E.O. 13771 Designation: Independent Regulatory Flexibility Analysis 15 U.S.C. 80b–11a; 15 U.S.C. 80b–(4) agency. Required: Yes. Abstract: The Division is considering Legal Authority: 15 U.S.C. 78m; 15 Agency Contact: Alexis Palascak, recommending that the Commission U.S.C. 78w(a); 15 U.S.C. 78mm; 15 Securities and Exchange Commission, adopt amendments to rules 206(4)–1 U.S.C. 78x; 15 U.S.C. 80a–8; 15 U.S.C. 100 F Street NE, Washington, DC 20549, and 206(4)–3 under the Investment 80a–29; 15 U.S.C. 80a–30; 15 U.S.C. Phone: 202 551–6246. Advisers Act of 1940 regarding 80a–37; 15 U.S.C. 80a–44; Pub. L. 111– RIN: 3235–AM67 marketing communications and 203, sec. 951 practices by investment advisers. Abstract: The Division is considering Timetable: recommending that the Commission SECURITIES AND EXCHANGE repropose rule amendments to Action Date FR Cite COMMISSION (SEC) implement section 951 of the Dodd- Frank Act. The Commission previously Division of Investment Management NPRM ...... 12/10/19 84 FR 67518 NPRM Comment 02/10/20 proposed amendments to rules and Final Rule Stage Period End. Form N–PX that would require Final Action ...... 05/00/21 institutional investment managers 493. Use of Derivatives by Registered I I subject to section 13(f) of the Exchange Investment Companies and Business Regulatory Flexibility Analysis Act to report how they voted on any Development Companies Required: Yes. shareholder vote on executive E.O. 13771 Designation: Independent Agency Contact: Melissa Harke, compensation or golden parachutes agency. Division of Investment Management, pursuant to sections 14A(a) and (b) of Legal Authority: 15 U.S.C. 80a–6(c); Securities and Exchange Commission, the Exchange Act. 15 U.S.C. 80a–60; 15 U.S.C. 80a–12(a); 100 F Street NE, Washington, DC 20549, Timetable: VerDate Sep<11>2014 00:46 Mar 31, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP27.SGM 31MRP27 jbell on DSKJLSW7X2PROD with PROPOSALS27 17046 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda Action Date FR Cite Abstract: The Division is considering SECURITIES AND EXCHANGE recommending that the Commission COMMISSION (SEC) NPRM ...... 10/28/10 75 FR 66622 propose amendments to rules Division of Investment Management NPRM Comment 11/18/10 concerning custody under the Period End. Investment Company Act of 1940. Completed Actions Next Action Unde- Timetable: Next Action termined. 501. Fund of Funds Arrangements Undetermined. Regulatory Flexibility Analysis E.O. 13771 Designation: Independent Regulatory Flexibility Analysis Required: Yes. agency. Required: Yes. Agency Contact: Mr. Bradley Gude, Legal Authority: 15 U.S.C. 80a–8(b); Agency Contact: Pamela Ellis, Securities and Exchange Commission, 15 U.S.C. 80a–6(c); 15 U.S.C. 80a– Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549, 12(d)(1)(G) ; 15 U.S.C. 80a–12(d)(1)(J); 100 F Street NE, Washington, DC 20549, Phone: 202 551–5590, Email:gudeb@ 15 U.S.C. 80a–17(b); 15 U.S.C. 80a– Phone: 202 551–3506, Email: ellisp@ sec.gov. 29(a); 15 U.S.C. 80a–37(a) sec.gov. RIN: 3235–AM66 Abstract: The Commission adopted RIN: 3235–AK67 new rules and rule amendments to 499. Amendments to Rule 17A–7 Under 497. Amendments to Form 13F Filer allow funds to acquire shares of other the Investment Company Act Threshold funds (i.e., ‘‘fund of funds’’ E.O. 13771 Designation: Independent E.O. 13771 Designation: Independent arrangements), including arrangements agency. agency. involving exchange-traded funds, Legal Authority: 15 U.S.C. 80a–6(c); Legal Authority: 15 U.S.C. 78c(b); 15 without first obtaining exemptive orders 15 U.S.C. 80a–10(f); 15 U.S.C. 80a– U.S.C. 78m(f); 15 U.S.C. 78w; 15 U.S.C. from the Commission. 17(d); 15 U.S.C. 80a–37(a) 78x; 15 U.S.C. 78mm Timetable: Abstract: The Division is considering Abstract: Form 13F is the reporting recommending that the Commission form filed by institutional investment Action Date FR Cite propose amendments to rule 17a–7 managers pursuant to Section 13(f) of under the Investment Company Act of NPRM ...... 02/01/19 84 FR 1286 the Securities Exchange Act of 1934. 1940 concerning the exemption of NPRM Comment 05/02/19 Institutional investment managers that certain purchase or sale transactions Period End. exercise investment discretion over Final Action ...... 11/19/20 85 FR 73924 between an investment company and $100 million or more in Section 13(f) Final Action Effec- 01/19/21 certain affiliated persons. securities must file Form 13F. The tive. Timetable: Next Action Commission proposed rule and related Undetermined. form amendments regarding, among Regulatory Flexibility Analysis Regulatory Flexibility Analysis other things, the thresholds for Form Required: Yes. Required: Yes. 13F filers. The Division is considering Agency Contact: Melissa Gainor, Agency Contact: Adam Lovell, recommendations for next steps, Division of Investment Management, Securities and Exchange Commission, including whether to recommend Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549, targeted amendments to Form 13F and 100 F Street NE, Washington, DC 20549, Phone: 202 551–6637, Email: lovella@ targeted exemptions from the filing Phone: 202 551–6805, Email: gainorm@ sec.gov. sec.gov. requirements where duplicative filings RIN: 3235–AM69 exist. RIN: 3235–AM29 Timetable: 500. Amendments To Improve Fund 502. Amendments to Procedures With Proxy System Respect to Applications Under the Action Date FR Cite E.O. 13771 Designation: Independent Investment Company Act of 1940 agency. NPRM ...... 07/31/20 85 FR 46016 E.O. 13771 Designation: Independent Legal Authority: 15 U.S.C. 78m; 15 Next Action Unde- agency. U.S.C. 78w; 15 U.S.C. 78mm; 15 U.S.C. termined. Legal Authority: 15 U.S.C. 80a–6(c); I I 80a–2; 15 U.S.C. 80a–6; 15 U.S.C. 80a– 15 U.S.C. 80a–37(a) Regulatory Flexibility Analysis 20; 15 U.S.C. 80a–30; 15 U.S.C. 80a–37 Abstract: The Commission adopted Required: Yes. Abstract: The Division is considering amendments to rule 0–5 under the Agency Contact: Zeena Abdul– recommending that the Commission Investment Company Act of 1940 to Rahman, Senior Counsel, Divisions of propose rule and form amendments to establish an expedited review procedure Investment Management, Securities and address the fund proxy system and the for certain applications. Exchange Commission, 100 F Street NE, unique challenges that funds as issuers Timetable: Washington, DC 20549, Phone: 202 551– may experience in seeking shareholder 4099, Email: [email protected]. approvals. Action Date FR Cite RIN: 3235–AM65 Timetable: Next Action Undetermined. 498. Amendments to the Custody Rules NPRM ...... 10/30/19 84 FR 58075 Regulatory Flexibility Analysis NPRM Comment 11/29/19 for Investment Companies Required: Yes. Period End. E.O. 13771 Designation: Independent Agency Contact: Amanda Wagner, Final Action ...... 09/15/20 85 FR 57089 agency. Branch Chief, Investment Company I Legal Authority: 15 U.S.C. 80a–6(c); Regulation Office, Securities and Regulatory Flexibility Analysis 15 U.S.C. 80a–17(f); 15 U.S.C. 80a–26; Exchange Commission, Division of Required: Yes. 15 U.S.C. 80a–28; 15 U.S.C. 80a–29; 15 Investment Management, 100 F Street Agency Contact: Steven Amchan, U.S.C. 80a–30; 15 U.S.C. 80a–31; 15 NE, Washington, DC 20549, Phone: 202 Attorney, Division of Investment U.S.C. 80a–36; 15 U.S.C. 80a–37; 15 551–6762, Email: [email protected]. Management, Securities and Exchange U.S.C. 80a–37(a) RIN: 3235–AM73 Commission, 100 F Street NE, VerDate Sep<11>2014 00:46 Mar 31, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP27.SGM 31MRP27 jbell on DSKJLSW7X2PROD with PROPOSALS27 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 17047 Washington, DC 20549, Phone: 202 551– Action Date FR Cite 78(l); 15 U.S.C. 78(m); 15 U.S.C. 78(n); 6826, Email: [email protected]. 15 U.S.C. 78(o(d)); 15 U.S.C. 78(q); 15 RIN: 3235–AM51 NPRM Comment 07/05/11 U.S.C. 78(u–5); 15 U.S.C. 78(w); 15 Period End. U.S.C. 78(ll); 15 U.S.C. 78(mm); 15 Final Action ...... 01/08/14 79 FR 1522 U.S.C. 80(a–8); 15 U.S.C. 80(a–20); 15 Final Action Effec- 07/07/14 U.S.C. 80(a–29); 15 U.S.C. 80(a–30); 15 SECURITIES AND EXCHANGE tive. COMMISSION (SEC) Next Action Unde- U.S.C. 80(a–31); 15 U.S.C. 80(a–37(a)); termined. 15 U.S.C. 80(b–3); 15 U.S.C. 80(b–11); Division of Trading and Markets 15 U.S.C. 7202; 15 U.S.C. 7262; Pub. L. Long-Term Actions Regulatory Flexibility Analysis 112–106, sec. 102(c); 126 Stat. 310 Required: Yes. (2012) 503. Removal of Certain References to Agency Contact: John Guidroz, Abstract: The Office of the Chief Credit Ratings Under the Securities Division of Trading and Markets, Accountant is considering Exchange Act of 1934 Securities and Exchange Commission, recommending that the Commission E.O. 13771 Designation: Independent 100 F Street NE, Washington, DC 20549, adopt amendments to update certain agency. Phone: 202 551–6439, Email: guidrozj@ auditor independence rules to facilitate Legal Authority: Pub. L. 111–203, sec. sec.gov. capital formation, in a manner 939A RIN: 3235–AL14 consistent with investor protection. Abstract: Section 939A of the Dodd- Timetable: Frank Act requires the Commission to remove certain references to credit Action Date FR Cite ratings from its regulations and to SECURITIES AND EXCHANGE substitute such standards of COMMISSION (SEC) NPRM ...... 01/15/20 85 FR 2332 creditworthiness as the Commission Offices and Other Programs NPRM Comment 03/16/20 determines to be appropriate. The Period End. Commission amended certain rules and Final Rule Stage Final Action ...... I 11/00/20 one form under the Exchange Act 504. Amendments to Certain Provisions applicable to broker-dealer financial of the Auditor Independence Rules Regulatory Flexibility Analysis responsibility and confirmation of Required: Yes. E.O. 13771 Designation: Independent transactions. The Commission has not Agency Contact: Duc Dang, Attorney, yet finalized amendments to certain agency. Legal Authority: 15 U.S.C. 77(f); 15 Office of Chief Accountant, Securities rules regarding the distribution of U.S.C. 77(g); 15 U.S.C. 77(h); 15 U.S.C. and Exchange Commission, 100 F Street securities. NE, Washington, DC 20549, Phone: 202 Timetable: 77(j); 15 U.S.C. 77(s); 15 U.S.C. 77(z–2); 15 U.S.C. 77(z–3); 15 U.S.C. 77(aa(25)); 551–3386, Email: [email protected]. RIN: 3235–AM63 Action Date FR Cite 15 U.S.C. 77(aa(26)); 15 U.S.C. 77(nn(25)); 15 U.S.C. 77(nn(26)); 15 [FR Doc. 2021–04360 Filed 3–30–21; 8:45 am] NPRM ...... 05/06/11 76 FR 26550 U.S.C. 78(c); 15 U.S.C. 78(j–1); 15 U.S.C. BILLING CODE 8011–01–P VerDate Sep<11>2014 01:20 Mar 31, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP27.SGM 31MRP27 jbell on DSKJLSW7X2PROD with PROPOSALS27 VerDate Mar 15 2010 04:16 Oct 27, 2011 Jkt 000000 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 C:\DOCS\BLANK.FR DEV003 FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part XXVIII Surface Transportation Board Semiannual Regulatory Agenda VerDate Sep<11>2014 00:51 Mar 31, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP28.SGM 31MRP28 jbell on DSKJLSW7X2PROD with PROPOSALS28 17050 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda SURFACE TRANSPORTATION BOARD likely to have a significant economic any other individual Board Member. impact on a substantial number of small However, section 602(d) of the RFA, 5 49 CFR Chapter X entities; U.S.C. 602(d), provides: ‘‘Nothing in [STB Ex Parte No. 536 (Sub-No. 49)] (2) A summary of the nature of any [section 602] precludes an agency from such rule under consideration for each considering or acting on any matter not Semiannual Regulatory Agenda subject area listed in the agenda included in a Regulatory Flexibility pursuant to paragraph (1), the objectives Agenda or requires an agency to AGENCY: Surface Transportation Board. and legal basis for the issuance of the consider or act on any matter listed in ACTION: Semiannual regulatory agenda. rule, and an approximate schedule for such agenda.’’ completing action on any rule for which SUMMARY: The Chairman of the Surface the agency has issued a general notice The Chairman is publishing the Transportation Board is publishing the agency’s Regulatory Flexibility Agenda Regulatory Flexibility Agenda for fall of proposed rulemaking; and (3) The name and telephone number for fall 2020 as part of the Unified 2020. of an agency official knowledgeable Agenda of Federal Regulatory and FOR FURTHER INFORMATION CONTACT: A about the items listed in paragraph (1). Deregulatory Actions (Unified Agenda). contact person is identified for each of Accordingly, a list of proceedings The Unified Agenda is coordinated by the rules listed below. appears below containing information the Office of Management and Budget SUPPLEMENTARY INFORMATION: The about subject areas in which the Board (OMB), pursuant to Executive Orders Regulatory Flexibility Act (RFA), 5 is currently conducting rulemaking 12866 and 13563. The Board is U.S.C. 601 et seq., sets forth a number proceedings or may institute such participating voluntarily in the program of requirements for agency rulemaking. proceedings in the near future. It also to assist OMB and has included Among other things, the RFA requires contains information about existing rulemaking proceedings in the Unified that, semiannually, each agency shall regulations being reviewed to determine Agenda beyond those required by the publish in the Federal Register a whether to propose modifications RFA. Regulatory Flexibility Agenda, which through rulemaking. Dated: September 4, 2020. shall contain: The agenda represents the Chairman’s (1) A brief description of the subject best estimate of rules that may be By the Board, Chairman Begeman. area of any rule that the agency expects considered over the next 12 months, but Jeffrey Herzig, to propose or promulgate, which is does not necessarily reflect the views of Clearance Clerk. SURFACE TRANSPORTATION BOARD—PRERULE STAGE Regulation Sequence No. Title Identifier No. 505 ...... Review of Commodity, Boxcar, and TOFC/COFC Exemptions, EP 704 (Sub-No. 1) ...... 2140–AB29 SURFACE TRANSPORTATION BOARD period for meetings with Board Action Date FR Cite (STB) members. By decision served September 30, 2020 (published October 5, 2020), Replies to Com- 01/04/21 Prerule Stage the Board invited public comment on a ments. 505. Review of Commodity, Boxcar, and new approach its Office of Economics TOFC/COFC Exemptions, EP 704 (Sub- has developed for possible use in Regulatory Flexibility Analysis No. 1) considering class exemption and Required: Yes. Agency Contact: Amy Ziehm, Branch E.O. 13771 Designation: Independent revocation issues. Timetable: Chief, Office of Proceedings, Surface agency. Transportation Board, 395 E Street SW, Legal Authority: 49 U.S.C. 10502; 49 Action Date FR Cite Washington, DC 20423–0001, Phone: U.S.C. 13301 202 245–0391, Email: amy.ziehm@ Abstract: The Board proposed to NPRM ...... 03/28/16 81 FR 17125 stb.gov. revoke the class exemptions for the rail NPRM Comment 07/26/16 Francis O’Connor, Deputy Director, transportation of: (1) Crushed or broken Period End. Office of Economics, Surface NPRM Reply 08/26/16 stone or riprap; (2) hydraulic cement; Transportation Board, 395 E Street SW, and (3) coke produced from coal, Comment Pe- riod End. Washington, DC 20423–0001, Phone: primary iron or steel products, and iron 202 245–0331, Email: francis.o’connor@ or steel scrap, wastes, or tailings. On Request for Fur- 10/05/20 85 FR 62689 ther Comment stb.gov. March 19, 2019, the Board issued a in Rulemaking RIN: 2140–AB29 decision waiving the prohibition on ex Proceeding. [FR Doc. 2021–04468 Filed 3–30–21; 8:45 am] parte communications in this Comment Period 12/04/20 proceeding and providing a 90-day End. BILLING CODE 4915–01–P VerDate Sep<11>2014 00:51 Mar 31, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP28.SGM 31MRP28 jbell on DSKJLSW7X2PROD with PROPOSALS28 FEDERAL REGISTER Vol. 86 Wednesday, No. 60 March 31, 2021 Part XXIX Federal Permitting Improvement Steering Council Semiannual Regulatory Agenda VerDate Sep<11>2014 00:59 Mar 31, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31MRP29.SGM 31MRP29 jbell on DSKJLSW7X2PROD with PROPOSALS29 17052 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda FEDERAL PERMITTING Council, Office of the Executive Administrative Procedure Act, 5 U.S.C. IMPROVEMENT STEERING COUNCIL Director, 1800 G Street NW, Suite 2400, 553. Washington, DC 20405, (202) 255–6936, The Permitting Council’s complete 40 CFR Part 1900 [email protected]. Unified Agenda will be available online SUPPLEMENTARY INFORMATION: Title 41 of at www.reginfo.gov and Unified Agenda of Federal Regulatory the Fixing America’s Surface www.regulations.gov in a format that and Deregulatory Actions Transportation Act (FAST–41), 42 offers users an enhanced ability to AGENCY: Federal Permitting U.S.C. 4370m et seq., created the obtain information from the Unified Improvement Steering Council. Permitting Council, which is comprised Agenda database. Publication in the of an Office of the Executive Director, 13 Federal Register is mandated for the ACTION: Semiannual regulatory agenda. Federal Agency Council members, and regulatory flexibility agendas required additional Council members Council on by the Regulatory Flexibility Act (RFA), SUMMARY: This agenda contains the Environmental Quality and Office of proposed regulatory actions that the 5 U.S.C. 602. Accordingly, the Management and Budget. 42 U.S.C. Federal Permitting Improvement Permitting Council’s printed agenda 4370m–1(a) & (b). The Permitting Steering Council (Permitting Council or entries will include only: Council is charged with improving the FPISC) plans to undertake in the 12 (1) Rules that are included in the timeliness, predictability, and months following the Permitting regulatory flexibility agenda pursuant to transparency of the federal the RFA because they are likely to have Council’s spring 2020 edition of its environmental review and authorization semiannual regulatory agenda, which a significant economic impact on a process for certain critical and high substantial number of small entities; included the Permitting Council’s economic value infrastructure projects previous regulatory agenda. The and across a broad range of industry sectors, (2) Rules that have been identified for Permitting Council developed this including renewable and conventional agenda consistent with Executive Order periodic review under the RFA, 5 U.S.C. energy production, electricity 610. 12866 ‘‘Regulatory Planning and transmission, surface transportation, Printing of the semiannual regulatory Review,’’ Executive Order 13771 aviation, ports and waterways, water agenda entries is limited to fields that ‘‘Reducing Regulation and Controlling resource projects, broadband, pipelines, contain information required by the Regulatory Costs,’’ and Executive Order and manufacturing. Certain actions of 13563 ‘‘Improving Regulation and the Permitting Council are rules of RFA’s Unified Agenda requirements. Regulatory Review.’’ general applicability that affect the Dated: March 3, 2021. FOR FURTHER INFORMATION CONTACT: John rights of the public and the regulated Amber Levofsky, Cossa, General Counsel, Federal community and warrant informal Senior Advisor and Executive Operations Permitting Improvement Steering rulemaking pursuant to the Manager. FEDERAL PERMITTING IMPROVEMENT STEERING COUNCIL—PROPOSED RULE STAGE Regulation Sequence No. Title Identifier No. 506 ...... FPISC Case 2020–001, Adding Mining as a Sector of Projects Eligible for Coverage Under Title 41 of the 3121–AA01 Fixing America’s Surface Transportation Act (FAST–41). 507 ...... Adding Land Revitalization as a Sector of Projects Eligible for Coverage Under Title 41 of the Fixing 3121–AA02 America’s Surface Transportation Act (FAST–41). FEDERAL PERMITTING IMPROVEMENT STEERING COUNCIL—FINAL RULE STAGE Regulation Sequence No. Title Identifier No. 508 ...... FPISC Case 2018–001; Fees for Governance, Oversight, and Processing of Environmental Reviews and 3121–AA00 Authorizations. FEDERAL PERMITTING established the Federal Permitting production, electricity transmission, IMPROVEMENT STEERING COUNCIL Improvement Council (Permitting surface transportation, aviation, ports (FPISC) Council), which is comprised of an and waterways, water resource projects, Proposed Rule Stage Office of the Executive Director, 13 broadband, pipelines, and Federal Agency Council members, and manufacturing. FAST–41 authorizes the 506. FPISC Case 2020–001, Adding additional Council members Council on Permitting Council, by majority vote of Mining as a Sector of Projects Eligible Environmental Quality and Office of the Council members, to add classes of for Coverage Under Title 41 of the Management and Budget. The projects to those eligible for FAST–41 Fixing America’s Surface Permitting Council is charged with coverage. 42 U.S.C. 4370m(6)(A). Transportation Act (FAST–41) improving the timeliness, predictability, Pursuant to that authority, and E.O. 13771 Designation: Regulatory. and transparency of the federal consistent with Executive Orders 13807 Legal Authority: 42 U.S.C. environmental review and authorization and 13817, the Permitting Council is 4370m(6)(A) process for ‘‘covered’’ infrastructure proposing to include mining as a sector Abstract: Title 41 of the Fixing projects across a statutorily-identified of projects eligible for coverage under America’s Surface Transportation Act range of industry sectors, including FAST–41. Inclusion of mining on the (FAST–41), 42 U.S.C. 4370m et seq., renewable and conventional energy covered sector list does not guarantee VerDate Sep<11>2014 00:59 Mar 31, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP29.SGM 31MRP29 jbell on DSKJLSW7X2PROD with PROPOSALS29 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 17053 that any particular mining project will environmental review and authorization FEDERAL PERMITTING be covered under FAST–41 or receive process for covered infrastructure IMPROVEMENT STEERING COUNCIL the benefits of enhanced coordination projects across a statutorily-identified (FPISC) under the statute. A project sponsor range of industry sectors, including seeking the benefits of FAST–41 must renewable and conventional energy Final Rule Stage apply to the Permitting Council for production, electricity transmission, 508. FPISC Case 2018–001; Fees for project coverage. surface transportation, aviation, ports Governance, Oversight, and Processing Timetable: and waterways, water resource projects, of Environmental Reviews and broadband, pipelines, and Authorizations Action Date FR Cite manufacturing. FAST–41 authorizes the NPRM ...... 12/00/20 Permitting Council, by majority vote of E.O. 13771 Designation: Fully or NPRM Comment 01/00/21 the Council members, to add classes of Partially Exempt. Period End. projects to those eligible for FAST–41 Legal Authority: 42 U.S.C. 4370m–8 Final Rule ...... 03/00/21 coverage. 42 U.S.C. 4370m(6)(A). I I Pursuant to that authority, and Abstract: The Permitting Council is Regulatory Flexibility Analysis consistent with Executive Orders 13807 considering finalizing the regulation Required: Yes. and 13817, the Permitting Council is proposed on September 4, 2018, 83 FR Agency Contact: John Cossa, General proposing to include land revitalization 44846, that would establish a fee Counsel, Office of the Executive as a sector of projects eligible for structure to reimburse the Permitting Director, Federal Permitting coverage under FAST–41. Inclusion of Council for reasonable costs incurred in Improvement Steering Council, 1800 F land revitalization on the covered sector coordinating environmental reviews and Street NW, Washington, DC 20006, list does not guarantee that any authorizations pursuant to title 41 of the Phone: 202 607–3498, Email: particular land revitalization project Fixing America’s Surface Transportation [email protected]. will be covered under FAST–41 or Act (FAST–41), 42 U.S.C. 4370m et seq. RIN: 3121–AA01 receive the benefits of enhanced Timetable: 507. Adding Land Revitalization as a coordination under the statute. A Sector of Projects Eligible for Coverage project sponsor seeking the benefits of Action Date FR Cite Under Title 41 of the Fixing America’s FAST–41 must apply to the Permitting Surface Transportation Act (FAST–41) Council for project coverage. NPRM ...... 09/04/18 83 FR 44846 Timetable: NPRM Comment 11/05/18 E.O. 13771 Designation: Regulatory. Period End. Legal Authority: 42 U.S.C. Action Date FR Cite Final Rule ...... 03/00/21 4370m(6)(A) Abstract: Title 41 of the Fixing NPRM ...... 03/00/21 America’s Surface Transportation Act NPRM Comment 04/00/21 Regulatory Flexibility Analysis (FAST–41), 42 U.S.C. 4370m et seq., Period End. Required: Yes. established the Federal Permitting Final Rule ...... I 06/00/21 I Agency Contact: Amber Levofsky, Improvement Council (Permitting Senior Advisor and Executive Council), which is comprised of an Regulatory Flexibility Analysis Operations Manager, Federal Permitting Office of the Executive Director, 13 Required: Yes. Improvement Steering Council, 1800 G Federal Agency Council members and Agency Contact: Nicholas A. Falvo, Street NW, Suite 2400, Washington, DC additional Council members Council on Attorney—Advisor, Federal Permitting 20006, Phone: 202 412–2064, Email: Environmental Quality and the Office of Improvement Steering Council, 1800 G [email protected]. Management and Budget. The Street NW, Suite 2400, Washington, DC Permitting Council is charged with 20006, Phone: 202 430–4463, Email: RIN: 3121–AA00 improving the timeliness, predictability, [email protected]. [FR Doc. 2021–04811 Filed 3–30–21; 8:45 am] and transparency of the Federal RIN: 3121–AA02 BILLING CODE 6820–PL–P VerDate Sep<11>2014 00:59 Mar 31, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4701 Sfmt 9990 E:\FR\FM\31MRP29.SGM 31MRP29 jbell on DSKJLSW7X2PROD with PROPOSALS29 i Reader Aids Federal Register Vol. 86, No. 60 Wednesday, March 31, 2021 CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR 8 CFR Executive orders and proclamations 741–6000 Proclamations: 103...... 14221 The United States Government Manual 741–6000 10149...... 11847 106...... 14221 Other Services 10150...... 12515 208...... 15069, 15072 Electronic and on-line services (voice) 741–6020 10151...... 12517 212...... 14221 Privacy Act Compilation 741–6050 10152...... 12519 213...... 14221 10153...... 12523 214...... 14221 10154...... 12525 245...... 14221 ELECTRONIC RESEARCH 10155...... 12527 248...... 14221 1208...... 15069 World Wide Web 10156...... 15559 10157...... 15775 Proposed Rules: Full text of the daily Federal Register, CFR and other publications 10158...... 15777 213a...... 15140 is located at: www.govinfo.gov. 10159...... 16023 Federal Register information and research tools, including Public 10160...... 16025 9 CFR Inspection List and electronic text are located at: 10161...... 16283 Proposed Rules: www.federalregister.gov. 10162...... 16285 Ch. 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Administrative Orders: 362...... 12122 To join or leave, go to https://public.govdelivery.com/accounts/ Memorandums: 381...... 12122 USGPOOFR/subscriber/new, enter your email address, then NSPM-16 of February 533...... 12122 follow the instructions to join, leave, or manage your 7, 2019 (amended 590...... 12122 subscription. by EO 14020)...... 13797 592...... 12122 PENS (Public Law Electronic Notification Service) is an e-mail Notices: service that notifies subscribers of recently enacted laws. Notice of March 2, 10 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 2021 ...... 12793 72...... 15563, 16291 and select Join or leave the list (or change settings); then follow Notice of March 2, 429...... 16446 the instructions. 2021 ...... 12795 430...... 16446 FEDREGTOC and PENS are mailing lists only. We cannot Notice of March 2, 431...... 16027 respond to specific inquiries. 2021 ...... 12797 1061...... 14807 Reference questions. Send questions and comments about the Notice of March 5, Proposed Rules: Federal Register system to: [email protected] 2021 ...... 13621 2...... 14695 The Federal Register staff cannot interpret specific documents or Notice of March 29, 21...... 14695 regulations. 2021 ...... 16663 26...... 14695 Notice of March 29, 50 ...... 14695, 16087, 16678 FEDERAL REGISTER PAGES AND DATE, MARCH 2021 ...... 16665 51...... 14695 52...... 14695 5 CFR 11847–12078...... 1 16507–16666...... 30 55...... 14695 12079–12256...... 2 16667–17054...... 31 532...... 11857, 12799 72...... 15624, 16310 12257–12514...... 3 Proposed Rules: 73...... 14695 12515–12798...... 4 849...... 13217 430...... 15804 12799–13148...... 5 1061...... 16114 6 CFR 13149–13442...... 8 13443–13622...... 9 5...... 15779 12 CFR 13623–13796...... 10 Ch. 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X...... 14808 VerDate Sep 11 2014 01:23 Mar 31, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\31MRCU.LOC 31MRCU jbell on DSKJLSW7X2PROD with FR_CU ii Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Reader Aids 1002...... 14363 13836, 13838, 13841, 14017, 516...... 13181 1986...... 14558 Proposed Rules: 14020, 14023, 14281, 14283, 520...... 13181, 14815 1987...... 14558 22...... 14696 14285, 14289, 14290, 14293, 522...... 13181, 14815 1988...... 14558 208...... 14696 14551, 14554, 15140, 15143, 524...... 13181, 14815 2204...... 13251 339...... 14696 15146, 15149, 15151, 15431, 526...... 13181 614...... 14696 15434, 15436, 15439, 15443, 529...... 13181, 14815 31 CFR 700...... 13494 16117, 16121, 16124, 16126, 556...... 13181, 14815 16...... 12537 701...... 13494 16130, 16133, 16137, 16548, 558...... 13181, 14815 27...... 12537 702...... 13498 16550 1308 ...... 11862, 12257, 16667, 35...... 13449 703...... 13494, 13498 71 ...... 12129, 12865, 12866, 16669 50...... 12537 704...... 13494 12868, 13242, 13244, 13246, Proposed Rules: 501...... 14534 712...... 16679 13247, 13249, 13668, 13670, 1308 ...... 12296, 14707, 16553 510...... 14534 713...... 13494 14026, 14293, 14295, 14556, 1310...... 16558 535...... 14534 760...... 14696 15445, 15447 536...... 14534 1026...... 12839 73...... 12552 22 CFR 539...... 14534 541...... 14534 13 CFR 15 CFR 126...... 14802 Proposed Rules: 542...... 14534 120...... 13149, 15083 734...... 16482 22...... 16149 544...... 14534 121...... 15083 740 ...... 13173, 14689, 16482 213...... 11905 546...... 14534 742 ...... 13173, 14689, 16482 14 CFR 547...... 14534 744 ...... 12529, 13173, 13179, 24 CFR 548...... 14534 1...... 13629 14534 28...... 14370 549...... 14534 11...... 13629, 13630 772...... 16482 30...... 14370 552...... 14534 21...... 13630 774...... 16482 87...... 14370 560...... 14534 25 ...... 14229, 14231, 14233, 922...... 15404 561...... 14534 14234, 14237, 14810, 15780, 180...... 14370 Proposed Rules: 3280...... 13645 566...... 14534 16037 7...... 16312 576...... 14534 27...... 14526 3282...... 13645, 14370 3285...... 13645 583...... 14534 39 ...... 12086, 12802, 12804, 16 CFR 584...... 14534 12807, 12809, 13157, 13159, 317...... 12091 26 CFR 588...... 14534 13162, 13165, 13443, 13445, 592...... 14534 1 ...... 12821, 13191, 13647, 13631, 13633, 13637, 13640, 17 CFR 594...... 14534 13805, 13807, 13809, 13811, 13648, 15448, 16530 201...... 13645 597...... 14534 13814, 13972, 13975, 13982, Proposed Rules: 275...... 13024 598...... 14534 13985, 13987, 13989, 14238, 1...... 12886, 13250 279...... 13024 14241, 14366, 14528, 14531, 32 CFR Proposed Rules: 29 CFR 15089, 15092, 15572, 15576, 575...... 15408 15784, 15788, 15791, 16038, Ch. II ...... 15810 780...... 12535 16041, 16043, 16507, 16509 18 CFR 788...... 12535 33 CFR 43...... 13630 795...... 12535 100 ...... 13998, 15408, 15584, 47...... 13629 35...... 16511 4044...... 14280 15585, 16302 48...... 13629 153...... 16298 Proposed Rules: 117...... 12821, 15410 71 ...... 11859, 11860, 13168, 157...... 12257, 16298 7...... 14558 165 ...... 12539, 12541, 12543, 13169, 13171, 13172, 13447, Proposed Rules: 8...... 14558 13649, 13651, 13653, 15094, 13448, 13642, 13644, 13992, 4...... 13506 10...... 15811 15408, 16302, 16303, 16670 15401, 15403, 15795, 16296, 5...... 13506 18...... 14559 401...... 15411 16298 35...... 12132 22...... 14558 402...... 15585 89...... 13629 284...... 12132, 12879 24...... 14558 Proposed Rules: 91...... 13629 806...... 16140 26...... 14558 96...... 11913 95...... 16046 29...... 14558 19 CFR 100...... 14714, 14716 97 ...... 12812, 12815, 12816, 37...... 14558 117...... 16153, 16680 12819, 15579, 15583 Ch. 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III ...... 16156 450...... 13448 655...... 14558, 15154 788...... 14027 38 CFR 460...... 13448 656...... 15154 791...... 14038 1264...... 14244 658...... 14558 795...... 14027 3...... 15413 1271...... 14244 667...... 14558 1978...... 14558 17...... 16050 Proposed Rules: 683...... 14558 1979...... 14558 Proposed Rules: 25...... 14387 726...... 14558 1980...... 14558 9...... 15448 39 ...... 12127, 12294, 12550, 802...... 14558 1981...... 14558 17...... 15628 12857, 12862, 13222, 13225, 1982...... 14558 38...... 16165 13228, 13229, 13232, 13234, 21 CFR 1983...... 14558 13237, 13239, 13502, 13505, 6...... 15404 1984...... 14558 39 CFR 13665, 13828, 13830, 13833, 510...... 13181, 14815 1985...... 14558 111...... 16670 VerDate Sep 11 2014 01:23 Mar 31, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\31MRCU.LOC 31MRCU jbell on DSKJLSW7X2PROD with FR_CU Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Reader Aids iii 230...... 14539 414...... 14560 404...... 14184 15...... 14863 3050...... 15449 751...... 14398 Proposed Rules: 16...... 14863 71...... 11913 18...... 14863 40 CFR 41 CFR 115...... 11913 19...... 14864 9...... 15096 Proposed Rules: 176...... 11913 25...... 14863 49...... 12260 60–30...... 14558 35...... 14864 52 ...... 11867, 11870, 11872, 47 CFR 37...... 14863 11873, 11875, 11878, 12092, 42 CFR 0...... 12545 42...... 14863 12095, 12107, 12263, 12265, 1...... 15404 1 ...... 12545, 15026, 15796 44...... 14863 12270, 12827, 13191, 13655, 51c ...... 15423 25...... 11880 52...... 14862, 14863 13658, 13816, 13819, 14000, 400...... 14690 27...... 13659 53...... 14863 14007, 14541, 14827, 15101, 404...... 15404 73...... 14851 15104, 15414, 15418, 16531, 74...... 13660 405...... 14542 49 CFR 16533, 16672 410...... 14690 Proposed Rules: 60...... 15421 414...... 14690 1 ...... 12146, 12312, 12556, 191...... 12834 62 ...... 12109, 13459, 16538 415...... 14690 12898, 15165 192...... 12834, 12835 63...... 13819 423...... 14690 2...... 13266 209...... 11888 81 ...... 12107, 14832, 16055 424...... 14690 9...... 12399 211...... 11888 82...... 15587 425...... 14690 10...... 16565 389...... 11891 131...... 14834 1000...... 15404 11...... 16565 Ch. XII...... 13971 141...... 12272, 14003 1001...... 15132 15...... 13266 Proposed Rules: 147...... 14846 Proposed Rules: 25...... 13266 571...... 13684, 16314 180 ...... 12829, 13196, 13459 51c ...... 13872 27...... 12146, 13266 261...... 16075 100...... 14567 54...... 15165, 15172 50 CFR 271...... 12834 63...... 12312 281...... 15596 43 CFR 64...... 14859, 16685 11...... 15427 282...... 12110, 15596 73 ...... 12161, 12162, 12163, 17 ...... 11892, 13200, 13465, 8365...... 14009 721...... 15096 12556, 12898, 13278, 13516, 15602 Proposed Rules: 44 CFR 13684, 14401, 15180, 15181, 300 ...... 13475, 15428, 16303 49...... 14392 15182, 15451, 15853, 15854, 600...... 16307 64...... 12117, 14545 52 ...... 11913, 11915, 12143, 15855, 16313, 16686 622 ...... 14549, 15430, 16676 12305, 12310, 12554, 12889, Proposed Rules: 74...... 15855 635 ...... 12291, 12548, 13491, 13254, 13256, 13260, 13264, 206...... 14067 101...... 13266 16075 648 ...... 13823, 14012, 16077, 13511, 13514, 13671, 13679, 45 CFR 13843, 14055, 14061, 14297, 48 CFR 16078 14299, 14392, 14396, 14856, 8...... 15404 Ch. 1 ...... 13794 660 ...... 13824, 14379, 14693, 15634, 15837, 15838, 15840, 200...... 15404 4...... 13794 16540 15844, 16171, 16565, 16683 300...... 15404 52...... 13794 679 ...... 11895, 13215, 13493, 62 ...... 11916, 16173, 16176 403...... 15404 Proposed Rules: 14013, 14014, 14015, 14694, 81...... 12892 1010...... 15404 1...... 14862, 14863 14851, 16542, 16677 141...... 13846, 14063 1230...... 13822 2...... 14863 680...... 11895 147...... 14858 1300...... 15404 3...... 14862, 14863 Proposed Rules: 158...... 15362 2554...... 13822 4...... 14863 17 ...... 12563, 15637, 15855 174...... 15162 Proposed Rules: 7...... 14863 219...... 15298 180...... 15162 160...... 13683 9...... 14863 223...... 13517, 13518 257...... 14066 164...... 13683 11...... 14863 226...... 13517, 13518 271...... 12895 12...... 14862, 14863 622...... 12163, 12166 281...... 15686 46 CFR 13...... 14863 648...... 12591, 16686 282...... 12145, 15686 401...... 14184 14...... 14863 660...... 14401 VerDate Sep 11 2014 01:23 Mar 31, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4712 E:\FR\FM\31MRCU.LOC 31MRCU jbell on DSKJLSW7X2PROD with FR_CU iv Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Reader Aids in ‘‘slip law’’ (individual H.R. 1799/P.L. 117–6 listserv.gsa.gov/cgi-bin/ pamphlet) form from the PPP Extension Act of 2021 wa.exe?SUBED1=PUBLAWS- LIST OF PUBLIC LAWS Superintendent of Documents, (Mar. 30, 2021; 135 Stat. 250) L&A=1 U.S. Government Publishing This is a continuing list of Last List March 26, 2021 Office, Washington, DC 20402 public bills from the current (phone, 202–512–1808). 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