FEDERAL REGISTER
Vol. 86 Friday No. 62 April 2, 2021
Pages 17271–17492
OFFICE OF THE FEDERAL REGISTER
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Contents Federal Register Vol. 86, No. 62
Friday, April 2, 2021
Editorial Note: Administrative Order, (Continuation of the Comptroller of the Currency National Emergency With Respect to South Sudan) at 86 FR NOTICES 16665 was published in the printed version of the Federal Agency Information Collection Activities; Proposals, Register for Tuesday, March 30, 2021, but was Submissions, and Approvals: inadvertently omitted from the Table of Contents of the Company–Run Annual Stress Test Reporting Template Federal Register. and Documentation for Covered Institutions with Total Consolidated Assets of $250 Billion or More Agricultural Marketing Service under the Dodd–Frank Wall Street Reform and NOTICES Consumer Protection Act, 17454–17455 Request for Nominations: National Organic Standards Board, 17349 Consumer Product Safety Commission RULES Agriculture Department Safety Standard for High Chairs, See Agricultural Marketing Service See Commodity Credit Corporation Defense Department See Farm Service Agency See Army Department See Forest Service See Rural Business–Cooperative Service Drug Enforcement Administration See Rural Utilities Service NOTICES NOTICES Decision and Order: Adjustment to Fiscal Year 2021 Specialty Sugar Tariff–Rate Brenton D. Goodman, MD, 17403–17406 Quota Tranche Opening Date, 17350 Kendrick E. Duldulao, MD, 17406–17407 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17350 Education Department Army Department NOTICES NOTICES Agency Information Collection Activities; Proposals, Intended Disinterment, 17373 Submissions, and Approvals: Gaining Early Awareness and Readiness for Census Bureau Undergraduate Programs Match Waiver Request Form, 17373–17374 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Employment and Training Administration Small Business Pulse Survey, 17353–17354 PROPOSED RULES Request for Information: Centers for Medicare & Medicaid Services Data Sources and Methods for Determining Prevailing NOTICES Wage Levels for the Temporary and Permanent Agency Information Collection Activities; Proposals, Employment of Certain Immigrants and Non– Submissions, and Approvals, 17392–17393 Immigrants in the United States, 17343–17346
Civil Rights Commission Energy Department NOTICES See Federal Energy Regulatory Commission Meetings: Michigan Advisory Committee, 17353 Environmental Protection Agency NOTICES Commerce Department Agency Information Collection Activities; Proposals, See Census Bureau Submissions, and Approvals: See International Trade Administration Acid Rain Program, 17381–17382 See National Oceanic and Atmospheric Administration Cancellation Order for Certain Pesticide Registration and See National Telecommunications and Information Amendments to Terminate Uses, 17382–17385 Administration Environmental Impact Statements; Availability, etc., 17381 Product Cancellation Order for Certain Pesticide Committee for Purchase From People Who Are Blind or Registrations, 17380–17381, 17385–17389 Severely Disabled NOTICES Farm Service Agency Procurement List; Additions and Deletions, 17371–17373 NOTICES Agency Information Collection Activities; Proposals, Commodity Credit Corporation Submissions, and Approvals: NOTICES Coronavirus Food Assistance Program, 17351–17352 Representation for Loans and Authorization to File a Representation for Loans and Authorization to File a Financing Statement, 17350–17351 Financing Statement, 17350–17351
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Federal Aviation Administration Health and Human Services Department RULES See Centers for Medicare & Medicaid Services Airworthiness Directives: See National Institutes of Health Airbus Helicopters, Airbus Helicopters Deutschland GmbH Helicopters, Homeland Security Department Leonardo S.p.a. (Type Certificate Previously Held by RULES Agusta S.p.A.) Helicopters, Acquisition Regulation: Pratt & Whitney Division Turbofan Engines, Administrative Matters, Sikorsky Aircraft and Sikorsky Aircraft Corporation Helicopters, Housing and Urban Development Department PROPOSED RULES PROPOSED RULES Airspace Designations and Reporting Points: Verification of Eligible Status; Withdrawal, 17346–17347 Fort Lauderdale, FL, 17333–17342 NOTICES Airworthiness Directives: Agency Information Collection Activities; Proposals, Airbus Helicopters Deutschland GmbH, 17329–17330 Submissions, and Approvals: Airbus Helicopters Deutschland GmbH (AHD) CARES Act Quarterly Reporting, 17394–17395 Helicopters, 17322–17324 Research, Evaluation, and Demonstration Cooperative Airbus Helicopters Deutschland GmbH Helicopters, Agreements, 17395–17396 17330–17332 Indian Affairs Bureau Rolls–Royce Deutschland Ltd & Co KG (Type Certificate NOTICES Previously Held by Rolls–Royce Deutschland GmbH, Agency Information Collection Activities; Proposals, Formerly BMW Rolls–Royce GmbH) Turbofan Submissions, and Approvals: Engines, 17326–17329 Law and Order on Indian Reservations; Marriage and The Boeing Company Airplanes, 17324–17326 Dissolution Applications, 17396–17397 Federal Communications Commission Interior Department RULES See Indian Affairs Bureau Expanding Flexible Use of the 3.7 to 4.2 GHz Band, See National Park Service PROPOSED RULES Television Broadcasting Services: International Trade Administration Green Bay, WI; Correction, 17348 NOTICES NOTICES Antidumping or Countervailing Duty Investigations, Orders, Agency Information Collection Activities; Proposals, or Reviews: Submissions, and Approvals, 17389–17391 Certain Aluminum Foil from the People’s Republic of Privacy Act; Matching Program, 17391 China, 17358–17360 Crystalline Silicon Photovoltaic Cells, Whether or Not Federal Energy Regulatory Commission Assembled Into Modules, from the People’s Republic PROPOSED RULES of China, 17356–17358 Petition for Rulemaking of Center for Biological Diversity, Pure Magnesium from the People’s Republic of China, 17342–17343 17360–17362 NOTICES Welded Line Pipe from the Republic of Turkey, 17363– Combined Filings, 17375–17380 17364 Request under Blanket Authorization: Determination in the Less–Than–Fair–Value Investigation: Columbia Gas Transmission, LLC, 17374–17375 Polyester Textured Yarn from Indonesia, Malaysia, Stingray Pipeline Co., LLC, 17377–17378 Thailand, and the Socialist Republic of Vietnam, 17362–17363 Federal Highway Administration Determination of Sales at Less Than Fair Value: NOTICES Utility Scale Wind Towers from Spain, 17354–17356 Final Federal Agency Actions: Meetings: Proposed Highway in California, 17451–17453 Advisory Committee on Supply Chain Competitiveness, 17363 Federal Maritime Commission NOTICES International Trade Commission Meetings; Sunshine Act, 17392 NOTICES Investigations; Determinations, Modifications, and Rulings, Federal Motor Carrier Safety Administration etc.: RULES Certain Smart Thermostat Systems, Smart HVAC Administrative Rulemaking, Guidance, and Enforcement Systems, Smart HVAC Control Systems, And Procedures, Components Thereof, 17402–17403 Diamond Sawblades and Parts Thereof from China, 17402 Federal Transit Administration Fresh, Chilled, or Frozen Blueberries, 17401–17402 RULES Polyvinyl Alcohol from China and Japan, 17402 Administrative Rulemaking, Guidance, and Enforcement Procedures, Justice Department See Drug Enforcement Administration Forest Service NOTICES RULES Proposed Consent Decree: Community Forest Program, CERCLA, 17407–17408
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Labor Department Transfer of License: See Employment and Training Administration Crystal River Unit 3 Nuclear Generating Plant, 17412– See Occupational Safety and Health Administration 17415 See Workers Compensation Programs Office Vermont Yankee Nuclear Power Station, 17415–17417 National Highway Traffic Safety Administration Occupational Safety and Health Administration RULES NOTICES Administrative Rulemaking, Guidance, and Enforcement Agency Information Collection Activities; Proposals, Procedures, Submissions, and Approvals: Servicing Multi–Piece and Single Piece Rim Wheels, National Institutes of Health 17410–17411 NOTICES The Vinyl Chloride Standard, 17408–17410 Meetings: National Cancer Institute, 17393 Personnel Management Office National Institute on Aging, 17393 RULES National Institute on Alcohol Abuse and Alcoholism, Designation of Certain Services as Emergency Services 17394 Under the Antideficiency Act; etc., NOTICES National Oceanic and Atmospheric Administration Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals: Fisheries of the Caribbean, Gulf of Mexico, and South Alternative Annuity Election, 17419 Atlantic: Disabled Dependent Questionnaire, 17418 Snapper–Grouper Fishery of the South Atlantic Region; Evidence to Prove Dependency of a Child, 17418–17419 Regulatory Amendment 34, Representative Payee Survey, 17420 Fisheries of the Exclusive Economic Zone off Alaska: Pollock in the West Yakutat District in the Gulf of Alaska, Pipeline and Hazardous Materials Safety Administration RULES Takes of Marine Mammals: Administrative Rulemaking, Guidance, and Enforcement Hampton Roads Bridge Tunnel Expansion Project in Procedures, Norfolk, VA, 17458–17492 NOTICES NOTICES Hazardous Materials: Agency Information Collection Activities; Proposals, Public Meetings in 2021 for International Standards on Submissions, and Approvals: the Transport of Dangerous Goods, 17453 An Observer Program for At–Sea Processing Vessels in the Pacific Coast Groundfish Fishery, 17369 Postal Regulatory Commission Meetings: PROPOSED RULES Caribbean Fishery Management Council, 17366 Application for Waiver of Workshare Discount, 17347– Fisheries of the Gulf of Mexico and Atlantic; Southeast 17348 Data, Assessment, and Review, 17365–17366 NOTICES Fisheries of the South Atlantic; South Atlantic Fishery New Postal Products, 17420–17421 Management Council, 17367 Mid–Atlantic Fishery Management Council, 17368–17369 Rural Business–Cooperative Service North Pacific Fishery Management Council, 17366– NOTICES 17367, 17369–17370 Agency Information Collection Activities; Proposals, Sanctuary System Business Advisory Council, 17364– Submissions, and Approvals, 17352–17353 17365 South Atlantic Fishery Management Council, 17370 Rural Utilities Service Western Pacific Fishery Management Council, 17367– RULES 17368 Special Servicing of Telecommunications Programs Loans for Financially Distressed Borrowers, National Park Service NOTICES Securities and Exchange Commission List of Significant Thermal Features within Units of the NOTICES National Park System: Self–Regulatory Organizations; Proposed Rule Changes: Addition of Valles Caldera National Preserve, 17397– Cboe Exchange, Inc., 17428–17432 17401 Fixed Income Clearing Corp., 17432–17440 National Securities Clearing Corp., 17440–17448 National Telecommunications and Information The Depository Trust Co., 17421–17428 Administration NOTICES Small Business Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Major Disaster Declaration: 911 Grant Program Performance Closeout Report, 17370– Puerto Rico; Amendment No. 11, 17448–17449 17371 Seeking Exemption under the Small Business Investment Act; Conflicts of Interest: Nuclear Regulatory Commission OFS SBIC I, LP, 17449 NOTICES Surrender of License of Small Business Investment Establishment of Atomic Safety and Licensing Board: Company: NextEra Energy Point Beach, LLC, 17418 CapX Fund IV, LP, 17448
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Vogen Funding, LP, 17448 Veterans Affairs Department NOTICES State Department Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Culturally Significant Objects Imported for Exhibition: Application for DIC by Parent(s) (Including Accrued Egypt: The Time of Pharaohs, 17449 Benefits and Death Compensation), 17456 The Large Figure Paintings, No. 5, The Key to All Work Meetings: to Date, Painting by Hilma af Klint, 17449 Advisory Committee on Women Veterans, 17455 The Medici: Portraits & Politics, 1512 – 1570, 17449– 17450 Workers Compensation Programs Office NOTICES Surface Transportation Board Meetings: NOTICES Advisory Board on Toxic Substances and Worker Health, Acquisition Exemption: 17411–17412 Northern Indiana Railroad Co., LLC; Town of North Judson, Ind., 17450–17451 Corporate Family Transaction Exemption: York Railway Co., Maryland and Pennsylvania Railroad, Separate Parts In This Issue LLC, and Yorkrail, LLC, 17450 Part II Transportation Department Commerce Department, National Oceanic and Atmospheric See Federal Aviation Administration Administration, 17458–17492 See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See National Highway Traffic Safety Administration Reader Aids See Pipeline and Hazardous Materials Safety Consult the Reader Aids section at the end of this issue for Administration phone numbers, online resources, finding aids, and notice RULES of recently enacted public laws. Administrative Rulemaking, Guidance, and Enforcement To subscribe to the Federal Register Table of Contents Procedures, electronic mailing list, go to https://public.govdelivery.com/ accounts/USGPOOFR/subscriber/new, enter your e-mail Treasury Department address, then follow the instructions to join, leave, or See Comptroller of the Currency 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.
5 CFR 3046...... 17312 870...... 17271 3047...... 17312 875...... 17271 3052...... 17312 890...... 17271 3053...... 17312 894...... 17271 49 CFR 7 CFR 1...... 17292 1752...... 17274 5...... 17292 7...... 17292 14 CFR 106...... 17292 39 (7 documents) ...... 17275, 389...... 17292 17278, 17280, 17283, 17285, 553...... 17292 17287, 17290 601...... 17292 302...... 17292 399...... 17292 50 CFR 217...... 17458 Proposed Rules: 622...... 17318 39 (5 documents) ...... 17322, 679...... 17320 17324, 17326, 17329, 17330 71...... 17333 16 CFR 1231...... 17296 18 CFR Proposed Rules: 101...... 17342 20 CFR Proposed Rules: 655...... 17343 656...... 17343 24 CFR Proposed Rules: 5...... 17346 36 CFR 230...... 17302 39 CFR Proposed Rules: 3030...... 17347 47 CFR 25...... 17311 Proposed Rules: 73...... 17348 48 CFR 3001...... 17312 3002...... 17312 3003...... 17312 3004...... 17312 3005...... 17312 3006...... 17312 3007...... 17312 3009...... 17312 3010...... 17312 3011...... 17312 3012...... 17312 3013...... 17312 3015...... 17312 3016...... 17312 3017...... 17312 3018...... 17312 3019...... 17312 3022...... 17312 3023...... 17312 3024...... 17312 3025...... 17312 3027...... 17312 3028...... 17312 3030...... 17312 3031...... 17312 3032...... 17312 3033...... 17312 3034...... 17312 3035...... 17312 3036...... 17312 3037...... 17312 3042...... 17312
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Rules and Regulations Federal Register Vol. 86, No. 62
Friday, April 2, 2021
This section of the FEDERAL REGISTER other periodic charges due to such a Response to Comments contains regulatory documents having general lapse. The rule also clarifies that upon applicability and legal effect, most of which the end of a lapse in appropriations, OPM received comments from three are keyed to and codified in the Code of FEDVIP and FLTCIP premiums will be professional associations, one FEHB Federal Regulations, which is published under paid from back pay or may be paid back Carrier, and one carrier organization, as 50 titles pursuant to 44 U.S.C. 1510. from a source other than backpay for well as four comments that were outside FLTCIP enrollees who elected to make the scope of this rule. In addition, we The Code of Federal Regulations is sold by received feedback from a benefits the Superintendent of Documents. payments directly to the Carrier. This final rule adopts the proposed rule as administrator. All the commenters were published. supportive of the regulation’s goal to OFFICE OF PERSONNEL continue FEDVIP and FLTCIP benefits MANAGEMENT DATES: This rule is effective on April 2, during a lapse in appropriations and to 2021. designate certain FEGLI and FEHB 5 CFR Parts 870, 875, 890, and 894 services as emergency services. There FOR FURTHER INFORMATION CONTACT: Julia RIN 3206–AN99 was agreement that designating these as Elam, Program Analyst, at (202) 606– emergency services ensures the safety of 2128 or Padma Shah, Senior Policy Designation of Certain Services as Federal employees and provides a sense Analyst, at (202) 606–2128. Emergency Services Under the of stability while employees are Antideficiency Act; Opportunities To SUPPLEMENTARY INFORMATION: On July furloughed. The commenters also Enroll and Change Enrollment in the 20, 2020, OPM published proposed supported that the rule ensures that FEHB Program During a Lapse in regulations (85 FR 43743) to do the furloughed employees and employees Appropriations; Continuation of following during a furlough as a result working without pay can continue to Certain Insurance Benefits During a of lapse of appropriations: designate enroll and make enrollment changes in Lapse in Appropriations FEHB and FEGLI services as emergency the FEHB Program. service under the Antideficiency Act; The professional organizations AGENCY: Office of Personnel deem furloughed employees and commented that lapses in Management. employees excepted from furlough and appropriations cause significant ACTION: Final rule. working without pay as a result of a financial uncertainty and strain on SUMMARY: In this final rule, the Office of lapse in appropriations to be in a pay furloughed employees. The commenters Personnel Management (OPM) is status for the purposes of enrolling or stated the proposed rule would work to finalizing provisions to ensure the changing FEHB enrollment; ensure the provide employees with security and continuation of certain insurance continuation of FEDVIP and FLTCIP peace of mind during the economic benefits and services that could be coverage. The rule amends 5 CFR parts uncertainty surrounding a lapse in impacted by a lapse in appropriations. 870, 875, 890, and 894. OPM provided appropriations. They also stated that the First, this final rule implements section 30 days for the public to comment on regulation ensures furloughed 1110 of the National Defense the proposed rule. The comment period employees’ health needs are met, Authorization Act for Fiscal Year 2020 closed on August 19, 2020. OPM making them better equipped to return (FY20 NDAA), that designated certain received 7 public comments and one to work when appropriations are Federal Employees Health Benefits informal comment. restored. OPM agrees that the regulation (FEHB) Program and Federal FEGLI is administered by OPM in can have a positive impact on Federal Employees’ Group Life Insurance accordance with Chapter 87 of Title 5 of employees who may be impacted by a (FEGLI) services as emergency services the U.S. Code and implementing lapse in appropriations. under the Antideficiency Act. Second, regulations (title 5, part 87, and title 48, The FEHB Carrier also stated that this rule also implements section chapter 21 of the Code of Federal maintaining health insurance benefits 1110(c)(2) of FY20 NDAA that deems Regulations). The FEHB Program is are a matter of human safety. The employees furloughed as a result of a administered by OPM in accordance commenter also agreed with the rule lapse in appropriations to be in pay with Title 5 Chapter 89, United States ensuring that furloughed employees and status, for purposes of enrolling or Code and implementing regulations employees working without pay as a changing enrollment in the FEHB (title 5, parts 890, 892 and title 48, result of a lapse in appropriations, can Program. Third, this final rule also chapter 16). FEDVIP was created as a continue to enroll and update their ensures, pursuant to section 1111 of the result of the enactment of the Federal enrollments in health insurance FY20 NDAA, continuation of coverage Employee Dental and Vision Benefits coverage during lapses in under the Federal Employees Dental Enhancement Act of 2004, Public Law appropriations. The commenter stated and Vision Insurance Program (FEDVIP) 108–496, and certain TRICARE-eligible that the rule will not have a negative and the Federal Long Term Care individuals who are authorized under impact on its FEHB line of business, Insurance Program (FLTCIP) for section 715 of the National Defense since during the 2018–2019 lapse in enrollees who are furloughed or Authorization Act of Fiscal Year 2017, appropriations, it continued to process excepted from furlough and working Public Law 114–328, became eligible for enrollments and enrollment changes. without pay due to a lapse in FEDVIP. FLTCIP was created as a result The commenter also supported the appropriations, and provides that of the enactment of the Long Term Care continuation of vision and dental coverage may not be cancelled as a Security Act of 2000, Public Law 106– benefits for employees during lapses in result of nonpayment of premiums or 265. appropriations.
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The carrier organization indicated OPM declines to adjust the regulatory and may want to make enrollment that the proposed rule was consistent text based on these comments. Section changes. Under the rule as finalized, an with the FY20 NDAA, Public Law 116– 1111 of the FY20 NDAA directs that employee, who is furloughed or 92, and had been drafted in a manner FEDVIP premiums be paid from back excepted from furlough and working that would improve program pay. Therefore, we are finalizing the without pay as a result of a lapse in administration. OPM agrees that the regulatory text in 5 CFR 894.405(c) and appropriations, is deemed to be in pay regulation can improve program 5 CFR 894.406(c) as originally proposed, status, during the lapse, for purposes of administration and believes it can assist stating that premiums will be paid to enrolling and change enrollment in the in processing and continuing benefits the Carrier from back pay made FEHB Program. Prior to this regulation, during a lapse in appropriations. available as soon as practicable upon such an employee might experience The benefits administrator provided the end of such a lapse. We would like challenges with enrollment or feedback about back pay payments for to clarify that enrollees who have been enrollment changes since generally, an missed FLTCIP and FEDVIP premiums furloughed or excepted from furlough employee needs to be in pay status in and expressed concern about double and working without pay will not be order to enroll or change enrollment in deductions for FEDVIP premiums since, billed for services during a lapse in the FEHB Program. In addition, prior to prior to this rule, the practice was for appropriations and coverage should this rule FEHB services were not the Program Administrator to collect continue. As explained in the proposed designated as emergency services and two missed premium payments each rule, assuming Congress appropriates employees or officers performing those month until the previously unpaid back pay as authorized by 31 U.S.C. services might have not been allowed to premiums are caught up when 1341(c)(2), FEDVIP premiums will be perform those services during a lapse in employees returned to work and paid to the Carrier from the enrollee’s appropriations. received pay upon the end of a lapse in back pay made available as soon as OPM expects these regulation changes appropriations. The commenter also practicable upon the end of such a for the continuation of FLTCIP and stated that currently not all payroll lapse. However, we would like to FEDVIP during a lapse in appropriations providers can process past premiums for provide a technical correction to the will ensure enrollees who are FEDVIP and FLTCIP from back pay preamble of the proposed rule. If furloughed or excepted from furlough when a lapse in appropriations ends. Congress does not appropriate back pay, and working without pay to continue The commenter suggested that the rule the Program Administrator may collect FLTCIP and FEDVIP coverage without having their coverage cancelled. Once allow unpaid FLTCIP premiums during missed premiums by adjusting future the lapse in appropriations has ended, a lapse in appropriations be paid by deductions. OPM is issuing this final rule with no FLTCIP premiums will be paid from adjusting future deductions as was done changes. back pay or may be paid back from a during the most recent extended source other than backpay (i.e. government shutdown. OPM declines to Expected Impact of the Final Rule automatic bank withdrawal or direct revise the regulation to allow for OPM expects that the regulatory bill) for FLTCIP enrollees who elected to adjusting future deductions to make changes which designate certain FEHB make payments directly to the Carrier. payments for premiums. Section 1111 of Program and FEGLI services for FEDVIP premiums will be paid back the FY20 NDAA directs that FLTCIP purposes of section 1342 of Title 31, from back pay once the lapse in premiums be paid from back pay or may United States Code, as services for appropriations has ended. OPM be paid back from a source other than emergencies involving the safety of anticipates these changes to the backpay for FLTCIP enrollees who human life or the protection of property regulation will ensure Carriers receive elected to make payments directly to the Antideficiency Act, will have a positive payments for missed premiums that Carrier. Therefore, we are finalizing the effect on enrollees impacted by a lapse occurred during a lapse in regulatory text in 5 CFR 875.302(c)(1) as in appropriations. The updated FEHB appropriations. originally proposed, stating that if regulations will allow Government premium payments are made by Federal agencies to continue to employ Federal Regulatory Impact Analysis payroll or annuity deduction, or officers and employees to perform OPM has examined the impact of this uniformed services retirement pay services such as enrolling an individual rulemaking as required by Executive deduction, premiums will be paid to the in an FEHB plan or changing the Order 12866 and Executive Order Carrier from back pay made available as enrollment of an individual enrolled in 13563, which directs agencies to assess soon as practicable upon the end of FEHB during a lapse in appropriations. all costs and benefits of available such a lapse. OPM encourages payroll The amended FEGLI regulations will regulatory alternatives and, if regulation providers to make necessary systems assist FEGLI enrollees since it allows is necessary, to select regulatory change so that back pay can be used as agencies to employ officers or approaches that maximize net benefits payments for premiums missed during a employees to perform FEGLI services (including potential economic, lapse in appropriations. during a lapse in appropriations. These environmental, public, health, and The benefits administrator also had services include activities related to safety effects, distributive impacts, and concerns about FEDVIP premiums being enrollment, changing enrollment, equity). A regulatory impact analysis paid to the Carrier from the enrollee’s temporary extension of coverage and must be prepared for major rules with back pay since only one shared service conversion, eligibility, certification of economically significant effects of $100 center can process back payments. It coverage, and matters relating to million or more in any one year. This suggested that the regulatory text also reemployed annuitants and survivor rulemaking is not a significant include that premiums can be paid from annuitants. regulatory action under Executive Order adjustments made to future deductions. OPM anticipates that the additional 12866. It also commented that during the last FEHB regulatory changes will assist shutdown the decision to pay back pay employees who are furloughed or Regulatory Flexibility Act was not made until the end of the excepted from furlough who may want I certify that this regulation will not shutdown and asked how it will know to enroll, or will assist enrollees who have a significant economic impact on whether to direct bill enrollees. may experience a qualifying life event a substantial number of small entities.
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Federalism 5 CFR Part 894 PART 875—FEDERAL LONG TERM CARE INSURANCE PROGRAM We have examined this rule in Administrative practice and accordance with Executive Order 13132, procedure, Government employees, ■ 3. The authority citation for part 875 Federalism, and have determined that Health facilities, Health insurance, is revised to reads as follows: this rule will not have any negative Health professions, Hostages, Iraq, impact on the rights, roles and Authority: 5 U.S.C. 9008; Pub. L. 116–92, Kuwait, Lebanon, Military personnel, 133 Stat. 1198 (5 U.S.C. 8956 note). responsibilities of State, local, or tribal Reporting and recordkeeping governments. requirements, Retirement. Subpart C—Cost Civil Justice Reform Office of Personnel Management. ■ 4. Amend § 875.302 by adding Alexys Stanley, This regulation meets the applicable paragraph (c) to read as follows: standard set forth in Executive Order Regulatory Affairs Analyst. 12988. § 875.302 What are the options for making Accordingly, OPM amends title 5, premium payments? Unfunded Mandates Reform Act of Code of Federal Regulations parts 870, * * * * * 1995 875, 890, and 894 as follows: (c) Notwithstanding paragraph (b) of this section, if you are an enrollee who This rule will not result in the PART 870—FEDERAL EMPLOYEES’ is furloughed or excepted from furlough expenditure by State, local or tribal GROUP LIFE INSURANCE PROGRAM governments of more than $100 million and working without pay during a lapse annually. Thus, no written assessment in appropriations, your FLTCIP ■ of unfunded mandates is required. 1. The authority citation for part 870 coverage will stay in effect through such is revised to read as follows: a lapse. Your coverage may not be Congressional Review Act Authority: 5 U.S.C. 8716; Sec. 870.106 also cancelled as a result of nonpayment of The Congressional Review Act (5 issued under section 1110(b) of Pub. L. 116– premiums or other periodic charges due U.S.C. 801 et seq.) requires rules (as 92, 133 Stat. 1198 (5 U.S.C. 8702 note); Sec. during such lapse. Pursuant to the defined in 5 U.S.C. 804) to be submitted 870.302(a)(3) also issued under sections National Defense Authorization Act for to Congress before taking effect. OPM 11202(f), 11232(e), and 11246(b) and (c) of Fiscal Year 2020, Public Law 116–92, will submit to Congress and the Pub. L. 105–33, 111 Stat. 251, section 7(e) of such continuation of coverage during a Comptroller General of the United Pub. L. 105–274, 112 Stat. 2419, and section lapse in appropriations applies to any States a report regarding the issuance of 145 of Pub. L. 106–522, 114 Stat. 2472; Sec. contract for long term care insurance this action before its effective date, as 870.302(a)(3)(ii) also issued under section coverage under 5 U.S.C. chapter 90 required by 5 U.S.C. 801. OMB’s Office 153 of Pub. L. 104–134, 110 Stat. 1321; Secs. entered into before, on, or after of Information and Regulatory Affairs 870.302(b)(8), 870.601(a), and 870.602(b) also December 20, 2019. has determined that this is not a ‘‘major issued under Pub. L. 110–279, 122 Stat. 2604 (1) If your premium payments are rule’’ as defined by the Congressional (2 U.S.C. 2051); Subpart E also issued under made by Federal payroll or annuity Review Act (5 U.S.C. 804(2)). 5 U.S.C. 8702(c); Sec. 870.601(d)(3) also deduction, or uniformed services issued under 5 U.S.C. 8706(d); Sec. 870.510 retirement pay deduction, premiums Paperwork Reduction Act of 1995 (44 also issued under section 1622(b) of Pub. L. will be paid to the Carrier from back pay U.S.C. Chapter 35) 104–106, 110 Stat. 521 (36 U.S.C. 5522); Sec. made available as soon as practicable 870.703(e)(1) also issued under section 502 of upon the end of such a lapse. If your This regulatory action will not impose Pub. L. 110–177, 121 Stat. 2542 (5 U.S.C. premium payments are made by pre- any additional reporting or 8701 note); Sec. 870.705 also issued under 5 authorized debit or by direct billing, you recordkeeping requirements under the U.S.C. 8714b(c) and 8714c(c); and Subpart J Paperwork Reduction Act. also issued under section 599C of Pub. L. have the option of continuing to pay premiums while you are furloughed or List of Subjects 101–513, 104 Stat. 2064 (5 U.S.C. 5561 note), as amended. excepted from furlough and working 5 CFR Part 870 without pay, or not making premium payments. If you opt not to make Administrative practice and Subpart A—Administration and General Provisions premium payments during this period, procedure, Government employees, you will be contacted by the Carrier Hostages, Iraq, Kuwait, Lebanon, Life ■ 2. Add § 870.106 to read as follows: regarding premiums due and must pay insurance, Retirement. premiums to the Carrier as soon as 5 CFR Part 875 § 870.106 Designation of FEGLI services practicable upon the end of the lapse. as emergency services under the (2) Upon the end of a lapse in Administrative practice and Antideficiency Act. appropriations, premiums will be procedure, Employee benefit plans, (a) Any services by an officer or required from all impacted enrollees in Government contracts, Government accordance with enrollees’ method of employees, Health insurance, Military employee relating to benefits under this part, shall be deemed, for purposes of payment, as described in paragraph personnel, Organization and functions, (c)(1) of this section. If you do not pay Retirement. section 1342 of Title 31, United States Code, as services for emergencies the required premiums as soon as 5 CFR Part 890 involving the safety of human life or the practicable upon the end of the lapse protection of property. when due, your coverage will terminate Administrative practice and pursuant to § 875.412. procedure, Government employees, (b) The designation of services as Health facilities, Health insurance, emergency services shall apply to any PART 890—FEDERAL EMPLOYEES Health professions, Hostages, Iraq, lapse in appropriations beginning on or HEALTH BENEFITS PROGRAM Kuwait, Lebanon, Military personnel, after December 20, 2019, the date of Reporting and recordkeeping enactment of Section 1110(d) of Public ■ 5. The authority citation for part 890 requirements, Retirement. Law 116–92. is revised to read as follows:
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Authority: 5 U.S.C. 8913; Sec. 890.102 also PART 894—FEDERAL EMPLOYEES appropriations, your FEDVIP coverage issued under sections 11202(f), 11232(e), and DENTAL AND VISION INSURANCE will not stop, and your enrollment may 11246 (b) of Pub. L. 105– 33, 111 Stat. 251; PROGRAM not be cancelled as a result of Sec. 890.111 also issued under section nonpayment of premiums or other 1622(b) of Pub. L. 104–106, 110 Stat. 521 (36 ■ 8. The authority citation for part 894 periodic charges due. Pursuant to the U.S.C. 5522); Sec. 890.112 also issued under is revised to read as follows: National Defense Authorization Act for section 1 of Pub. L. 110–279, 122 Stat. 2604 Fiscal Year 2020, Public Law 116–92, (2 U.S.C. 2051); Sec. 890.113 also issued Authority: 5 U.S.C. 8962; 5 U.S.C. 8992; Subpart C also issued under section 1 of Pub. under section 1110 of Pub. L. 116–92, 133 such continuation of coverage during a L. 110–279, 122 Stat. 2604 (2 U.S.C. 2051); Stat. 1198 (5 U.S.C. 8702 note); Sec. 890.301 lapse in appropriations applies to any and Sec. 894.601(b) also issued under Pub. L. dental or vision contract under 5 U.S.C. also issued under section 311 of Pub. L. 111– 116–92, 133 Stat. 1198 (5 U.S.C. 8956 note). 3, 123 Stat. 64 (26 U.S.C. 9801); Sec. chapters 89A and 89B entered into 890.302(b) also issued under section 1001 of Subpart D—Cost of Coverage before, on, or after December 20, 2019. Pub. L. 111–148, 124 Stat. 119, as amended * * * * * by Pub. L. 111–152, 124 Stat. 1029 (42 U.S.C. ■ 9. Amend § 894.405 by adding [FR Doc. 2021–05624 Filed 4–1–21; 8:45 am] 300gg–14); Sec. 890.803 also issued under 50 paragraph (c) to read as follows: BILLING CODE 6324–64–P U.S.C. 3516 (formerly 50 U.S.C. 403p) and 22 U.S.C. 4069c and 4069c–1; subpart L also § 894.405 What happens if I go into nonpay status or if my pay/annuity is issued under section 599C of Pub. L. 101– DEPARTMENT OF AGRICULTURE 513, 104 Stat. 2064 (5 U.S.C. 5561 note), as insufficient to cover the allotments? amended; and subpart M also issued under * * * * * Rural Utilities Service section 721 of Pub. L. 105–261 (10 U.S.C. (c) If you are a FEDVIP enrollee, who 1108), 112 Stat. 2061. due to a lapse in appropriations is 7 CFR Part 1752 furloughed or excepted from furlough Subpart A—Administration and and working without pay due to such a RIN 0572–AC41 General Provisions lapse, your FEDVIP coverage will not stop during such a lapse. Upon the end Special Servicing of ■ 6. Add § 890.113 to read as follows: of such a lapse, premiums will be paid Telecommunications Programs Loans to the Carrier from back pay made for Financially Distressed Borrowers § 890.113 Designation of FEHB Program services as emergency services under the available as soon as practicable upon AGENCY: Rural Utilities Service, USDA. Antideficiency Act. the end of such a lapse. ACTION: Final rule; confirmation and ■ 10. Amend § 894.406 by adding response to comments. (a) Any services by an officer or paragraph (c) to read as follows: employee under this part and part 892 SUMMARY: The Rural Utilities Service of this chapter relating to the enrollment § 894.406 What happens if my uniformed (RUS), a Rural Development agency of of an individual in a health benefits services pay or uniformed services the United States Department of retirement pay is insufficient to cover my plan under this chapter, or changing the Agriculture (USDA), is confirming the enrollment of an individual already so FEDVIP premiums, or I go into a nonpay status? final rule published in the Federal enrolled, shall be deemed, for purposes Register on February 25, 2020 to outline of section 1342 of Title 31, United States * * * * * the general policies for servicing actions (c) If you are a FEDVIP enrollee who Code, as services for emergencies associated with financially distressed is furloughed or excepted from furlough involving the safety of human life or the borrowers from the and working without pay due to such a protection of property. Telecommunications Infrastructure lapse, your coverage will not stop Loan Program, Rural Broadband (b) The designation of services as during such a lapse. Upon the end of Program, Distance Learning and emergency services shall apply to any such a lapse, premiums will be paid to Telemedicine Program, Broadband lapse in appropriations beginning on or the Carrier using back pay. after December 20, 2019, the date of Initiatives Program, and Rural e- enactment of Section 1110(d) of Public Subpart F—Termination or Connectivity Pilot Program. This Law 116–92. Cancellation of Coverage document also provides the Agency an opportunity to acknowledge the one Subpart C—Enrollment ■ 11. Amend § 894.601 by revising public comment received on the final paragraph (b) to read as follows: rule. ■ 7. Amend § 890.301 by revising the § 894.601 When does my FEDVIP coverage DATES: Effective April 2, 2021, the final section heading and adding a heading stop? rule published February 25, 2020 at 85 for paragraph (n) and paragraph (o) to * * * * * FR 10555 is confirmed. read as follows: (b) If you go into a period of nonpay FOR FURTHER INFORMATION CONTACT: § 890.301 Opportunities for employees to or insufficient pay (or insufficient Laurel Leverrier, Assistant enroll or change enrollment; effective dates. uniformed services pay or uniformed Administrator Telecommunications Program, Rural Utilities Service, U.S. * * * * * services retirement pay) and you do not make direct premium payments, your Department of Agriculture (USDA), (n) Determination of lowest-cost FEDVIP coverage stops at the end of the email: [email protected], nationwide plan option. *** pay period for which your agency, telephone: (202) 720–3416. (o) Pay status during a lapse in retirement system, OWCP, uniformed SUPPLEMENTARY INFORMATION: The Rural appropriations. An employee, who is services or uniformed services Utilities Service improves the quality of furloughed or excepted from furlough retirement system last deducted your life in rural America by providing and working without pay as a result of premium payment. Exception: If you are investment capital for deployment of a lapse in appropriations, is deemed to an enrollee who is furloughed or rural telecommunications infrastructure. be in pay status, during the lapse, for excepted from furlough and working To achieve the goal of increasing purposes of this section. without pay during a lapse in economic opportunity in rural America,
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the Agency finances infrastructure that distinct financial and legal issues, the request; (3) how much time since the enables access to a seamless, nationwide agency is considering issuing written problems surfaced before the borrower telecommunications network. With guidance, such as FAQs, and seeks assistance; and (4) the experience access to the same advanced implementing, a help desk, or possibly and qualifications of management and telecommunications networks as its even outreach events such as webinars. their team. The availability of resources urban counterparts—especially those Issue 2: NTCA recommends the at RUS may also be a factor. As such, designed to accommodate distance agency consider historic repayment it would not be in the best interest of learning, telework, and telemedicine— performance of borrowers (both any of the parties to establish a set rural America will eventually see individually and in the respective timeframe for servicing. Similarly, a improving educational opportunities, programs) in reservicing proceedings. ‘‘fast track’’ of the process, or the use of health care, economies, safety and Agency Response: In determining waivers, may not produce the best security, and ultimately higher feasibility of any requested action, the possible outcome for the borrower. employment. The Telecommunications agency already takes into consideration The RUS appreciates the interest of Infrastructure Loan Program, Rural the borrower’s historical and current the NTCA-The Rural Broadband Broadband Program, Distance Learning financial information, which includes Association (NTCA) with regard to the and Telemedicine Program, Broadband its repayment history. Additionally, the Special Servicing of Initiatives Program and ReConnect required financial forecast provides the Telecommunications Programs Loans Program (hereinafter collectively Agency with the borrower’s own for Financially Distressed Borrowers referred to as the ‘‘RUS assessment and prediction as to final rule and thanks them for their Telecommunications Programs’’) repayment. submission. provide loan funding to build and Issue 3: NTCA urges consideration of expand broadband and the utilization of waivers to avoid Christopher A. McLean, telecommunications services in rural ‘‘unnecessary or onerous filings’’. Acting Administrator, Rural Utilities Service. communities. Agency Response: [FR Doc. 2021–06381 Filed 4–1–21; 8:45 am] This final rule confirms the final rule RUS is mindful of the timing and the BILLING CODE 3410–15–P that published in the Federal Register cost associated with preparing some of on February 25, 2020 at 85 FR 10555, the required information to seek special which outlines the general policies and servicing actions. However, the agency DEPARTMENT OF TRANSPORTATION procedures for servicing actions needs to request the core documents for associated with the RUS consideration of all distressed borrowers Federal Aviation Administration Telecommunications Programs so that all every borrower is treated in Borrowers in financial distress with the the same manner. More importantly, 14 CFR Part 39 mutual objective of avoiding or these core documents are the minimum [Docket No. FAA–2020–0801; Product resolving a monetary default of the RUS financial information that is necessary Identifier 2019–SW–101–AD; Amendment debt. This final rule will ensure that to make an informed decision on the 39–21472; AD 2021–06–05] recipients comply with the established servicing option. RIN 2120–AA64 objectives and requirements for loans, With respect to the additional repaying loans on schedule or within documents that may be requested by the Airworthiness Directives; Airbus the revised terms as agreed to by the Agency under section 1752.6, the Helicopters Deutschland GmbH Agency, and act in accordance with any agency notes that only information Helicopters necessary agreements. It will also ensure related to the specific servicing action that the Agency will handle servicing will be requested. That said, the AGENCY: Federal Aviation actions in a consistent approach across borrower will have ample opportunity Administration (FAA), DOT. all RUS Telecommunications Programs, to suggest the most efficient and cost- ACTION: Final rule. as well as protect the financial interest effective ways to provide this of the Agency. information to the RUS. SUMMARY: The FAA is superseding Issue 4: NTCA supports the Airworthiness Directive (AD) 2017–07– Summary of Comments and Responses conclusion of reservicing requests 08 for Airbus Helicopters Deutschland RUS invited comments on the final within a reasonable timeframe. GmbH (Airbus Helicopters) Model rule published in the Federal Register Agency Response: RUS agrees that MBB–BK 117 D–2 helicopters. AD on February 25, 2020 at (85 FR 10555). timing is often critical in dealing with 2017–07–08 required repetitively While two comments were received, one financially distressed borrowers whose inspecting each engine mount was not relevant to this rule. The only resources may be limited and are elastomeric bushing (elastomeric relevant comment, submitted by NTCA- rapidly being depleted. It is nevertheless bushing). Since the FAA issued AD THE RURAL BROADBAND important not to rush through a process 2017–07–08, Airbus Helicopters has ASSOCIATION, contained four (4) which may lead to overlooking key designed an improved engine mount modifications/considerations relevant to factors or result in outright errors which metal bushing (metal bushing). This the servicing rule (SR). The Agency’s may waste precious time in the long new AD retains the inspection responses are as follows: run. requirements of AD 2017–07–08 and Issue 1: NTCA recommends the As indicated above, most distressed requires replacing each affected engine creation of an interface to guide staff borrowers have distinct financial and mount bushing with an improved and borrowers to the selection of the legal issues which require different engine mount bushing, while also most appropriate loan servicing option. periods to resolve. The time frame for requiring repetitive inspections of the Agency Response: RUS agrees that the completing a loan workout is a function improved engine mount bushing. This suggestion to have interface with of numerous factors including: (1) The AD also prohibits installing an borrowers to receive guidance from the complexity and depth of the challenges elastomeric bushing on any helicopter. Agency is a suggestion worth exploring facing the borrower; (2) the The actions of this AD are intended to and will take it under consideration. completeness and quality of the address an unsafe condition on these Since every distressed borrower has information provided with the initial products.
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DATES: This AD is effective May 7, 2021. the Technical Agent for the Member FAA’s Determination The Director of the Federal Register States of the European Union. EASA These helicopters have been approved approved the incorporation by reference advised that during a pre-flight check of by EASA and are approved for operation of a certain publication listed in this AD a Model MBB–BK 117 D–2 helicopter, in the United States. Pursuant to the as of May 7, 2021. an elastomeric bushing was found FAA’s bilateral agreement with the ADDRESSES: For service information delaminated. More cases of delaminated European Union, EASA has notified the identified in this final rule, contact elastomeric bushings were reported FAA of the unsafe condition described Airbus Helicopters, 2701 N Forum following additional investigations. in its AD. The FAA is issuing this AD Drive, Grand Prairie, TX 75052; According to EASA, this condition after evaluating all of the information telephone (972) 641–0000 or (800) 232– could lead to cracks and eventually provided by EASA and determining the 0323; fax (972) 641–3775; or at https:// failure of the engine mount front unsafe condition exists and is likely to www.airbus.com/helicopters/services/ support pins, possibly resulting in loss exist or develop on other helicopters of technical-support.html. You may view of helicopter control. these same type design and that air this referenced service information at safety and the public interest require The NPRM published in the Federal the FAA, Office of the Regional Counsel, adopting the AD requirements as Register on August 27, 2020 (85 FR Southwest Region, 10101 Hillwood proposed. Pkwy., Room 6N–321, Fort Worth, TX 52931) and was prompted by EASA Differences Between This AD and the 76177. It is also available on the internet issuing a series of ADs to supersede EASA AD at https://www.regulations.gov by EASA AD 2015–0198. EASA issued AD searching for and locating Docket No. 2019–0030, dated February 13, 2019 EASA AD 2019–0275 allows a non- FAA–2020–0801. (EASA AD 2019–0030), to supersede cumulative tolerance of 10 hours time- EASA AD 2015–0198. EASA AD 2019– in-service for its required compliance Examining the AD Docket 0030 advises that Airbus Helicopters times. This AD does not. EASA AD You may examine the AD docket on has designed an improved engine mount 2019–0275 requires reporting inspection the internet at https:// bushing P/N B712M10X1001, which results to Airbus Helicopters www.regulations.gov in Docket No. when installed becomes a terminating Deutschland GmbH if any worn or FAA–2020–0801; or in person at Docket action for the repetitive inspections of heavily worn metal is found, whereas Operations between 9 a.m. and 5 p.m., elastomeric bushing P/N 105–60386. this AD does not. Monday through Friday, except Federal Accordingly, EASA AD 2019–0030 Related Service Information Under 1 holidays. The AD docket contains this requires installation of improved engine CFR Part 51 AD, the European Union Aviation mount bushing P/N B712M10X1001 and The FAA reviewed Airbus Helicopters Safety Agency (EASA) AD, any service also prohibits the installation of Alert Service Bulletin (ASB) MBB– information that is incorporated by elastomeric bushing P/N 105–60386 on reference, any comments received, and BK117 D–2–71A–002, Revision 1, dated any Model MBB–BK 117 D–2 helicopter. December 14, 2018. This service other information. The street address for Since EASA issued AD 2019–0030, Docket Operations is U.S. Department of information specifies instructions for occurrences were reported of finding repetitive visual inspections of Transportation, Docket Operations, damaged metal bushings. EASA issued M–30, West Building Ground Floor, elastomeric bushing P/N 105–60386 for AD 2019–0275, dated November 7, 2019 defects, deformation, separation of the Room W12–140, 1200 New Jersey (EASA AD 2019–0275), which retains Avenue SE, Washington, DC 20590. rubber, and missing rubber. If there is the requirements of EASA AD 2019– any deformation or separation of the FOR FURTHER INFORMATION CONTACT: Matt 0030 and requires repetitive visual rubber, this service information Fuller, AD Program Manager, General inspections of the metal bushings. provides instructions to replace the Aviation & Rotorcraft Unit, EASA AD 2019–0275 also updates the affected parts with serviceable parts. Airworthiness Products Section, terminology used in the definitions This service information also specifies Operational Safety Branch, FAA, 10101 section from affected part to elastomeric replacing elastomeric bushings P/N Hillwood Pkwy., Fort Worth, TX 76177; bushing and from serviceable part to 105–60386 with metal bushings P/N telephone (817) 222–5110; email metal bushing. The NPRM proposed to B712M10X1001. This service [email protected]. retain the repetitive visual inspections information also does not allow the new SUPPLEMENTARY INFORMATION: of AD 2017–07–08 and proposed to metal bushings P/N B712M10X1001 to Discussion require installing metal bushing part be installed on any helicopter together number (P/N) B712M10X1001, which with the elastomeric bushings P/N 105– The FAA issued a notice of proposed would terminate the repetitive 60386. This service information also rulemaking (NPRM) to amend 14 CFR inspections of elastomeric bushing P/N prohibits installing elastomeric part 39 to remove AD 2017–07–08, 105–60386. The NPRM also proposed to bushings P/N 105–60386 after Amendment 39–18846 (82 FR 16895, require repetitive inspections of metal installation of new metal bushings P/N April 7, 2017) (AD 2017–07–08), and bushing P/N B712M10X1001 and B712M10X1001. add a new AD. AD 2017–07–08 applied prohibit the installation of elastomeric This service information is reasonably to Airbus Helicopters Model MBB–BK available because the interested parties 117 D–2 helicopters and required bushing P/N 105–60386 on any helicopter. have access to it through their normal repetitive visual inspections of each course of business or by the means elastomeric bushing of the inner and Comments identified in the ADDRESSES section. outer forward trusses of both engines, and depending on the outcome of the The FAA gave the public the Other Related Service Information inspections, repairing or replacing the opportunity to participate in developing The FAA reviewed Airbus Helicopters elastomeric bushings. AD 2017–07–08 this final rule, but the FAA did not ASB MBB–BK117 D–2–71A–011, was prompted by EASA AD 2015–0198, receive any comments on the NPRM or Revision 0, dated October 16, 2019. This dated September 30, 2015 (EASA AD on the determination of the cost to the service information specifies 2015–0198), issued by EASA, which is public. instructions for repetitive inspections of
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the metal bushings P/N B712M10X1001 (1) Is not a ‘‘significant regulatory hours time-in-service (TIS) and thereafter at of the inner and outer forward trusses action’’ under Executive Order 12866, intervals not to exceed 50 hours TIS: for worn metal bushings (gapping (2) Will not affect intrastate aviation (i) Visually inspect each elastomeric between the inner and outer truss less in Alaska, and bushing for separation of the rubber from the (3) Will not have a significant metal or missing rubber by following Section than 1mm) and heavily worn metal 3.B.2 of Airbus Helicopters Alert Service bushings (inner and outer metal economic impact, positive or negative, Bulletin (ASB) MBB–BK117 D–2–71A–002, bushings showing contact marks or on a substantial number of small entities Revision 1, dated December 14, 2018. worn out metal mesh). under the criteria of the Regulatory (ii) If any rubber has separated from the The FAA also reviewed Airbus Flexibility Act. metal or if there is missing rubber, before further flight, inspect the elastomeric bushing Helicopters AMM BK117 C2C2e, dated List of Subjects in 14 CFR Part 39 August 7, 2018. This service for deformation, corrosion, and mechanical Air transportation, Aircraft, Aviation damage. information specifies instructions for a (A) Replace the elastomeric bushing with detailed inspection of the engine mount safety, Incorporation by reference, Safety. an airworthy engine mount bushing if there bushings. is any deformation, separation of the rubber Adoption of the Amendment Costs of Compliance from the metal, corrosion, or mechanical Accordingly, under the authority damage, or repair the elastomeric bushing if The FAA estimates that this AD delegated to me by the Administrator, the deformation, separation of the rubber, affects 30 helicopters of U.S. Registry. corrosion, or mechanical damage is within the FAA amends 14 CFR part 39 as the maximum repair damage limitations. The FAA estimates that operators may follows: incur the following costs in order to (B) If the inner and outer parts of the comply with this AD. Labor costs are elastomeric bushing are separated with PART 39—AIRWORTHINESS missing rubber, before further flight, replace estimated at $85 per work-hour. DIRECTIVES the elastomeric bushing with an airworthy Inspecting the engine mount bushings engine mount bushing. ■ will take about 1 work-hour, for an 1. The authority citation for part 39 (2) For helicopters with a metal bushing P/ estimated cost of $85 per helicopter and continues to read as follows: N B712M10X1001 installed, within 100 $2,550 for the U.S. fleet. Replacing the Authority: 49 U.S.C. 106(g), 40113, 44701. hours TIS, and thereafter every 100 hours three engine mount bushings will take TIS, visually inspect the metal bushing of the about 8 work-hours and parts would § 39.13 [Amended] inner and outer forward trusses for gapping cost about $2,505, for an estimated cost ■ 2. The FAA amends § 39.13 by: between the inner and outer truss, contact ■ a. Removing Airworthiness Directive marks on the inner and outer engine mount of $3,185 per helicopter. bushings, and worn out metal mesh. (AD) 2017–07–08, Amendment 39– Authority for This Rulemaking (i) If there is gapping between the inner 18846 (82 FR 16895, April 7, 2017); and and outer truss less than 1mm, within 50 Title 49 of the United States Code ■ b. Adding the following new AD: hours TIS, replace the metal bushing with an specifies the FAA’s authority to issue 2021–06–05 Airbus Helicopters airworthy engine mount bushing. rules on aviation safety. Subtitle I, Deutschland GmbH Amendment 39– (ii) If there is gapping between the inner Section 106, describes the authority of 21472; Docket No. FAA–2020–0801; and outer truss of 1mm or greater than 1mm, the FAA Administrator. Subtitle VII, Product Identifier 2019–SW–101–AD. contact marks on the inner or outer engine Aviation Programs, describes in more mount bushings, or worn out metal mesh, (a) Applicability before further flight, replace the metal detail the scope of the Agency’s This airworthiness directive (AD) applies bushing with an airworthy engine mount authority. to Airbus Helicopters Deutschland GmbH bushing. The FAA is issuing this rulemaking Model MBB–BK 117 D–2 helicopters, (3) For helicopters with an elastomeric under the authority described in certificated in any category, with an engine bushing P/N 105–60386 installed, within 300 Subtitle VII, Part A, Subpart III, Section mount elastomeric bushing (elastomeric hours TIS, replace each elastomeric bushing 44701: General requirements. Under bushing) part number (P/N) 105–60386 or an P/N 105–60386 with metal bushing P/N that section, Congress charges the FAA engine mount metal bushing (metal bushing) B712M10X1001. P/N B712M10X1001 installed. with promoting safe flight of civil (4) Performing the actions required by aircraft in air commerce by prescribing (b) Unsafe Condition paragraph (f)(3) of this AD constitutes a terminating action for the repetitive regulations for practices, methods, and This AD defines the unsafe condition as a inspections required by paragraph (f)(1) of procedures the Administrator finds delaminated elastomeric bushing. This this AD. necessary for safety in air commerce. condition could result in excessive vibration, (5) As of the effective date of this AD, do This regulation is within the scope of which could lead to cracking and failure of not install elastomeric bushing P/N 105– the engine mount front support pins, and loss 60386 on any helicopter. that authority because it addresses an of helicopter control. unsafe condition that is likely to exist or (g) Alternative Methods of Compliance (c) Affected ADs develop on products identified in this (AMOCs) rulemaking action. This AD replaces AD 2017–07–08, (1) The Manager, International Validation Amendment 39–18846 (82 FR 16895, April 7, Branch, FAA, may approve AMOCs for this Regulatory Findings 2017). AD. Send your proposal to: Matt Fuller, AD The FAA has determined that this AD (d) Effective Date Program Manager, General Aviation & will not have federalism implications This AD becomes effective May 7, 2021. Rotorcraft Unit, Airworthiness Products under Executive Order 13132. This AD Section, Operational Safety Branch, 10101 will not have a substantial direct effect (e) Compliance Hillwood Pkwy., Fort Worth, TX 76177; on the States, on the relationship You are responsible for performing each telephone (817) 222–5110; email 9-AVS-AIR- between the national government and action required by this AD within the [email protected]. the States, or on the distribution of specified compliance time unless it has (2) For operations conducted under a 14 already been accomplished prior to that time. CFR part 119 operating certificate or under power and responsibilities among the 14 CFR part 91, subpart K, the FAA suggests various levels of government. (f) Required Actions that you notify your principal inspector, or For the reasons discussed above, I (1) For helicopters with an elastomeric lacking a principal inspector, the manager of certify that this AD: bushing P/N 105–60386 installed, within 50 the local flight standards district office or
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certificate holding district office, before DEPARTMENT OF TRANSPORTATION between 9 a.m. and 5 p.m., Monday operating any aircraft complying with this through Friday, except Federal holidays. AD through an AMOC. Federal Aviation Administration The AD docket contains this final rule, (h) Additional Information any comments received, and other 14 CFR Part 39 information. The address for Docket (1) Airbus Helicopters ASB MBB–BK117 [Docket No. FAA–2020–1114; Project Operations is U.S. Department of D–2–71A–011, Revision 0, dated October 16, Transportation, Docket Operations, M– 2019, and Airbus Helicopters AMM BK117 Identifier 2019–SW–058–AD; Amendment 39–21443; AD 2021–04–21] 30, West Building Ground Floor, Room C2C2e, dated August 7, 2018, which are not W12–140, 1200 New Jersey Avenue SE, incorporated by reference, contain additional RIN 2120–AA64 Washington, DC 20590. information about the subject of this AD. This service information is available at the Airworthiness Directives; Airbus FOR FURTHER INFORMATION CONTACT: Hal addresses specified in paragraphs (j)(3) and Helicopters Jensen, Aerospace Engineer, Operational (4) of this AD. Safety Branch, FAA, 470 L’Enfant Plaza AGENCY: Federal Aviation (2) The subject of this AD is addressed in SW, Washington, DC 20024; phone: Administration (FAA), DOT. European Union Aviation Safety Agency 202–267–9167; email: hal.jensen@ (EASA) 2019–0275, dated November 7, 2019. ACTION: Final rule. faa.gov. You may view the EASA AD on the internet SUMMARY: The FAA is adopting a new at https://www.regulations.gov in Docket No. SUPPLEMENTARY INFORMATION: airworthiness directive (AD) for certain FAA–2020–0801. Airbus Helicopters Model EC120B Discussion (i) Subject helicopters. This AD was prompted by The EASA, which is the Technical a report of broken and bent attachment Joint Aircraft Service Component (JASC) Agent for the Member States of the bolts of the main rotor (MR) hub scissors Code: 7200, Engine (Turbine, Turboprop). European Union, has issued EASA AD assembly. This AD requires an 2019–0139, dated June 12, 2019 (EASA (j) Material Incorporated by Reference inspection of the attachment bolts of the AD 2019–0139) (also referred to as the (1) The Director of the Federal Register MR hub scissors assembly for Mandatory Continuing Airworthiness approved the incorporation by reference of discrepancies and repair if necessary; Information, or the MCAI), to correct an the service information listed in this part marking of the attachment bolts of unsafe condition for all Airbus paragraph under 5 U.S.C. 552(a) and 1 CFR the MR hub scissors assembly; and Helicopters Model EC120B helicopters. part 51. repetitive inspections of the part Although the EASA AD applies to all (2) You must use this service information marking of the attachment bolts, and Model EC120B helicopters, this AD as applicable to do the actions required by repair if necessary; as specified in a applies to that model helicopter with an this AD, unless the AD specifies otherwise. European Union Aviation Safety Agency affected part installed instead. (i) Airbus Helicopters Alert Service (EASA) AD, which is incorporated by Bulletin MBB–BK117 D–2–71A–002, reference. The FAA is issuing this AD The FAA issued a notice of proposed Revision 1, dated December 14, 2018. to address the unsafe condition on these rulemaking (NPRM) to amend 14 CFR (ii) [Reserved] products. part 39 by adding an AD that would (3) For service information identified in DATES: This AD is effective May 7, 2021. apply to certain Airbus Helicopters this AD, contact Airbus Helicopters, 2701 N The Director of the Federal Register Model EC120B helicopters. The NPRM Forum Drive, Grand Prairie, TX 75052; approved the incorporation by reference published in the Federal Register on telephone (972) 641–0000 or (800) 232–0323; December 10, 2020 (85 FR 79435). The fax (972) 641–3775; or at https:// of a certain publication listed in this AD as of May 7, 2021. NPRM was prompted by a report of www.airbus.com/helicopters/services/ broken and bent attachment bolts of the technical-support.html. ADDRESSES: For material incorporated MR hub scissors assembly. The NPRM (4) You may view this service information by reference (IBR) in this AD, contact proposed to require an inspection of the at FAA, Office of the Regional Counsel, the EASA, Konrad-Adenauer-Ufer 3, attachment bolts of the MR hub scissors Southwest Region, 10101 Hillwood Pkwy., 50668 Cologne, Germany; phone: +49 assembly for discrepancies and repair if Room 6N–321, Fort Worth, TX 76177. For 221 8999 000; email: ADs@ necessary; part marking of the information on the availability of this easa.europa.eu; internet: attachment bolts of the MR hub scissors material at the FAA, call (817) 222–5110. www.easa.europa.eu. You may find this assembly; and repetitive inspections of (5) You may view this service information material on the EASA website at https:// the part marking of the attachment bolts, that is incorporated by reference at the ad.easa.europa.eu. You may view this and repair if necessary; as specified in National Archives and Records material at the FAA, Office of the an EASA AD. Administration (NARA). For information on Regional Counsel, Southwest Region, the availability of this material at NARA, 10101 Hillwood Pkwy., Room 6N–321, The FAA is issuing this AD to address email [email protected], or go to: https:// Fort Worth, TX 76177. For information broken and bent attachment bolts of the www.archives.gov/federal-register/cfr/ibr- on the availability of this material at the MR hub scissors assembly, which could locations.html. FAA, call 817–222–5110. It is also lead to detachment of a MR hub scissors attachment bolt, possibly resulting in Issued on March 5, 2021. available in the AD docket on the internet at https://www.regulations.gov complete loss of control of the Lance T. Gant, by searching for and locating Docket No. helicopter. See the MCAI for additional Director, Compliance & Airworthiness FAA–2020–1114. background information. Division, Aircraft Certification Service. Comments [FR Doc. 2021–06771 Filed 4–1–21; 8:45 am] Examining the AD Docket BILLING CODE 4910–13–P You may examine the AD docket on The FAA gave the public the the internet at https:// opportunity to participate in developing www.regulations.gov by searching for this final rule. The FAA received no and locating Docket No. FAA–2020– comments on the NPRM or on the 1114; or in person at Docket Operations determination of the cost to the public.
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Conclusion Related Service Information Under 1 attachment bolts of the MR hub CFR Part 51 assembly include checking the play and The FAA reviewed the relevant data torque of the scissors attachment bolts and determined that air safety and the EASA AD 2019–0139 describes and making sure that there are no hard public interest require adopting this procedures for an inspection of the spots in the scissors link hinge. final rule as proposed, except for minor attachment bolts of the MR hub scissors This material is reasonably available editorial changes. The FAA has assembly for discrepancies because the interested parties have determined that these minor changes: (discrepancies include corrosion, access to it through their normal course • Are consistent with the intent that fretting, wear, cracking, bolt play, and of business or by the means identified was proposed in the NPRM for bolt tightening torque); and repair if in the ADDRESSES section. necessary; part marking of the addressing the unsafe condition; and attachment bolts of the MR hub scissors Costs of Compliance • Do not add any additional burden assembly; and repetitive inspections, The FAA estimates that this AD upon the public than was already after part marking, of the attachment affects 160 helicopters of U.S. registry. proposed in the NPRM. bolts for discrepancies, and repair if The FAA estimates the following costs necessary. The inspections of the to comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Cost per Cost on U.S. Labor cost Parts cost product operators
5 work-hours × $85 per hour = $425 ...... $0 $425 $68,000
The FAA estimates that it would take estimates the cost of reporting on U.S. actions that would be required based on about 1 hour per product to comply operators to be $13,600, or $85 per the results of any required actions. The with the reporting requirement in this product. FAA has no way of determining the AD. The average labor rate is $85 per The FAA estimates the following number of helicopters that might need hour. Based on these figures, the FAA costs to do any necessary on-condition these on-condition actions:
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Cost per Labor cost Parts cost product
4 work-hours × $85 per hour = $340 ...... $40 $380
Paperwork Reduction Act Authority for This Rulemaking the relationship between the national government and the States, or on the A federal agency may not conduct or Title 49 of the United States Code specifies the FAA’s authority to issue distribution of power and sponsor, and a person is not required to responsibilities among the various respond to, nor shall a person be subject rules on aviation safety. Subtitle I, section 106, describes the authority of levels of government. to penalty for failure to comply with a the FAA Administrator. Subtitle VII: collection of information subject to the For the reasons discussed above, I Aviation Programs, describes in more requirements of the Paperwork certify that this AD: detail the scope of the Agency’s (1) Is not a ‘‘significant regulatory Reduction Act unless that collection of authority. action’’ under Executive Order 12866, information displays a current valid The FAA is issuing this rulemaking OMB control number. The control under the authority described in (2) Will not affect intrastate aviation number for the collection of information Subtitle VII, Part A, Subpart III, Section in Alaska, and required by this AD is 2120–0056. The 44701: General requirements. Under (3) Will not have a significant paperwork cost associated with this AD that section, Congress charges the FAA economic impact, positive or negative, has been detailed in the Costs of with promoting safe flight of civil on a substantial number of small entities Compliance section of this document aircraft in air commerce by prescribing under the criteria of the Regulatory and includes time for reviewing regulations for practices, methods, and Flexibility Act. instructions, as well as completing and procedures the Administrator finds reviewing the collection of information. necessary for safety in air commerce. List of Subjects in 14 CFR Part 39 Therefore, all reporting associated with This regulation is within the scope of this AD is mandatory. Comments that authority because it addresses an Air transportation, Aircraft, Aviation concerning the accuracy of this burden unsafe condition that is likely to exist or safety, Incorporation by reference, and suggestions for reducing the burden develop on products identified in this Safety. should be directed to Information rulemaking action. Adoption of the Amendment Collection Clearance Officer, Federal Regulatory Findings Aviation Administration, 10101 Accordingly, under the authority Hillwood Pkwy., Fort Worth, TX 76177– This AD will not have federalism delegated to me by the Administrator, implications under Executive Order 1524. the FAA amends 14 CFR part 39 as 13132. This AD will not have a follows: substantial direct effect on the States, on
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PART 39—AIRWORTHINESS (6) Although the service information EASA AD on the EASA website at https:// DIRECTIVES referenced in EASA AD 2019–0139 specifies ad.easa.europa.eu. to discard certain parts, this AD does not (4) You may view this service information ■ 1. The authority citation for part 39 include that requirement. at the FAA, Office of the Regional Counsel, continues to read as follows: (7) Where EASA AD 2019–0139 specifies Southwest Region, 10101 Hillwood Pkwy., to contact the manufacturer for repair Room 6N–321, Fort Worth, TX 76177. For Authority: 49 U.S.C. 106(g), 40113, 44701. instructions, repair using a method approved information on the availability of this material at the FAA, call 817–222–5110. This § 39.13 [Amended] by the Manager, Strategic Policy Rotorcraft Section, FAA. For a repair method to be material may be found in the AD docket on ■ 2. The FAA amends § 39.13 by adding approved by the Manager, Strategic Policy the internet at https://www.regulations.gov the following new airworthiness Rotorcraft Section, as required by this by searching for and locating Docket No. directive: paragraph, the Manager’s approval letter FAA–2020–1114. must specifically refer to this AD. (5) You may view this material that is 2021–04–21 Airbus Helicopters: (8) Paragraph (5) of EASA AD 2019–0139 incorporated by reference at the National Amendment 39–21443; Docket No. specifies to report inspection results to Archives and Records Administration FAA–2020–1114; Project Identifier Airbus Helicopters within a certain (NARA). For information on the availability 2019–SW–058–AD. compliance time. For this AD, report of this material at NARA, email fedreg.legal@ (a) Effective Date inspection results at the applicable time nara.gov, or go to https://www.archives.gov/ This airworthiness directive (AD) is specified in paragraph (h)(8)(i) or (ii) of this federal-register/cfr/ibr-locations.html. effective May 7, 2021. AD. Issued on February 11, 2021. (i) If the inspection was done on or after (b) Affected ADs the effective date of this AD: Submit the Lance T. Gant, None. report within 30 days after the inspection. Director, Compliance & Airworthiness (ii) If the inspection was done before the Division, Aircraft Certification Service. (c) Applicability effective date of this AD: Submit the report [FR Doc. 2021–06772 Filed 4–1–21; 8:45 am] This AD applies to Airbus Helicopters within 30 days after the effective date of this BILLING CODE 4910–13–P Model EC120B helicopters, certificated in AD. any category, having an affected part as (i) Alternative Methods of Compliance defined in European Union Aviation Safety DEPARTMENT OF TRANSPORTATION Agency (EASA) AD 2019–0139, dated June (AMOCs) 12, 2019 (EASA AD 2019–0139). (1) The Manager, Strategic Policy Federal Aviation Administration Rotorcraft Section, FAA, has the authority to (d) Subject approve AMOCs for this AD, if requested Joint Aircraft System Component (JASC) using the procedures found in 14 CFR 39.19. 14 CFR Part 39 Code 6200, Main Rotor System. In accordance with 14 CFR 39.19, send your [Docket No. FAA–2020–0797; Product (e) Reason request to your principal inspector or local Flight Standards District Office, as Identifier 2018–SW–081–AD; Amendment This AD was prompted by a report of appropriate. If sending information directly 39–21464; AD 2021–05–21] broken and bent attachment bolts of the main to the manager of the Strategic Policy rotor (MR) hub scissors assembly. The FAA Rotorcraft Section, send it to: Manager, RIN 2120–AA64 is issuing this AD to address broken and bent Strategic Policy Rotorcraft Section, FAA, attachment bolts of the MR hub scissors 10101 Hillwood Pkwy., Fort Worth, TX Airworthiness Directives; Leonardo assembly, which could lead to detachment of 76177; telephone 817–222–5110. Information S.p.a. (Type Certificate Previously Held a MR hub scissors attachment bolt, possibly may be emailed to: 9-ASW-FTW-AMOC- by Agusta S.p.A.) Helicopters resulting in complete loss of control of the [email protected]. helicopter. (2) Before using any approved AMOC, AGENCY: Federal Aviation (f) Compliance notify your appropriate principal inspector, Administration (FAA), DOT. Comply with this AD within the or lacking a principal inspector, the manager ACTION: Final rule. compliance times specified, unless already of the local flight standards district office/ done. certificate holding district office. SUMMARY: The FAA is superseding (j) Related Information Airworthiness Directive (AD) 2017–23– (g) Requirements 08 for Agusta S.p.A. (now Leonardo Except as specified in paragraph (h) of this For more information about this AD, S.p.a.) Model AB139 and AW139 AD: Comply with all required actions and contact Hal Jensen, Aerospace Engineer, Operational Safety Branch, FAA, 470 helicopters. AD 2017–23–08 required compliance times specified in, and in repetitively inspecting the main rotor accordance with, EASA AD 2019–0139. L’Enfant Plaza SW, Washington, DC 20024; phone: 202–267–9167; email: hal.jensen@ (M/R) rotating scissors, removing certain (h) Exceptions to EASA AD 2019–0139 faa.gov. lower half scissor spherical bearings (1) Where EASA AD 2019–0139 refers to its (bearings) from service, replacing the (k) Material Incorporated by Reference effective date, this AD requires using the removed bearings with a new bearing, effective date of this AD. (1) The Director of the Federal Register and installing a special nut. This new (2) Where EASA AD 2019–0139 refers to approved the incorporation by reference AD retains the requirements of AD (IBR) of the service information listed in this September 5, 2018 (the effective date of 2017–23–08 and requires replacing each EASA AD 2018–0186, dated August 29, paragraph under 5 U.S.C. 552(a) and 1 CFR 2018), this AD requires using the effective part 51. affected bearing with a certain part- date of this AD. (2) You must use this service information numbered bearing. This AD was (3) The ‘‘Remarks’’ section of EASA AD as applicable to do the actions required by prompted by investigation results 2019–0139 does not apply to this AD. this AD, unless this AD specifies otherwise. determining that a quality control issue (4) Where EASA AD 2019–0139 refers to (i) European Union Aviation Safety Agency may have affected the production of the flight hours (FH), this AD requires using (EASA) AD 2019–0139, dated June 12, 2019. affected bearings. The actions of this AD hours time-in-service. (ii) [Reserved] are intended to address an unsafe (5) Paragraphs (3) and (4) of EASA AD (3) For EASA AD 2019–0139, contact the condition on these products. 2019–0139 refer to ‘‘discrepancies.’’ For this EASA, Konrad-Adenauer-Ufer 3, 50668 AD, discrepancies include corrosion, fretting, Cologne, Germany; phone: +49 221 8999 000; DATES: This AD is effective May 7, 2021. wear, cracking, bolt play, and bolt tightening email: [email protected]; Internet: The Director of the Federal Register torque. www.easa.europa.eu. You may find this approved the incorporation by reference
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of a certain publication listed in this AD part-numbered rotating scissor these same type designs and that air as of May 7, 2021. attachment flange, and replacing the nut safety and the public interest require ADDRESSES: For service information with a certain part-numbered special adopting the AD requirements as identified in this final rule, contact nut. The NPRM also proposed to require proposed. removing each bearing P/N Leonardo S.p.a. Helicopters, Emanuele Differences Between This AD and the 3G6230V00654 from service and Bufano, Head of Airworthiness, Viale EASA AD G.Agusta 520, 21017 C.Costa di replacing it with bearing P/N Samarate (Va) Italy; telephone +39– 3G6230V00655 within 100 hours time- The EASA AD specifies some 0331–225074; fax +39–0331–229046; or inservice (TIS). compliance times using calendar time, at https://www.leonardocompany.com/ The NPRM was prompted by EASA whereas this AD does not. The EASA en/home. You may view the referenced Emergency AD (EAD) No. 2017–0028–E, AD requires reporting information to service information at the FAA, Office dated February 15, 2017 (EASA EAD Leonardo S.p.a. Product Support of the Regional Counsel, Southwest 2017–0028–E) issued by EASA, which is Engineering, whereas this AD does not. the Technical Agent for the Member Region, 10101 Hillwood Pkwy., Room Related Service Information Under 1 States of the European Union, to correct 6N–321, Fort Worth, TX 76177. It is also CFR Part 51 available on the internet at https:// an unsafe condition for Leonardo S.p.a. www.regulations.gov by searching for Model AB139 and AW139 helicopters. The FAA reviewed Leonardo and locating Docket No. FAA–2020– EASA advises that investigation results Helicopters Alert Bollettino Tecnico No. 0797. by the supplier of the bearings 139–392, Revision A, dated February 14, determined that a quality control issue 2017. This service information specifies Examining the AD Docket may have affected the production of repetitively inspecting the M/R rotating You may examine the AD docket on bearing P/N 3G6230V00654. scissors to monitor the bearings and the internet at https:// Accordingly, this AD retains the replacing the bearing with a new part- www.regulations.gov in Docket No. requirements of AD 2017–23–08 and numbered bearing. This service FAA–2020–0797; or in person at Docket requires replacing bearing P/N information also specifies installing a Operations between 9 a.m. and 5 p.m., 3G6230V00654 with P/N special nut in case of lower scissor Monday through Friday, except Federal 3G6230V00655. bearing dislodging. holidays. The AD docket contains this Comments This service information is reasonably AD, the European Aviation Safety available because the interested parties Agency (now European Union Aviation The FAA gave the public the have access to it through their normal Safety Agency) (EASA) AD, any service opportunity to participate in developing course of business or by the means information that is incorporated by this final rule. The following presents identified in the ADDRESSES section. reference, any comments received, and the comments received on the NPRM Other Related Service Information other information. The street address for and the FAA’s response to each Docket Operations is U.S. Department of comment. The FAA reviewed Leonardo Transportation, Docket Operations, M– Support for the NPRM Helicopters AW139 IETP Document 30, West Building Ground Floor, Room Code AMP–39–A–62–31–00–00A– W12–140, 1200 New Jersey Avenue SE, An individual commenter supported 31AC–A, Rotating control installation— Washington, DC 20590. the NPRM. Fixed swashplate and rotating scissors— FOR FURTHER INFORMATION CONTACT: Matt Request for the FAA To Provide More Detailed inspection, Issue 29, dated July Fuller, AD Program Manager, Information 31, 2017, which describes procedures Operational Safety Branch, Request: One commenter requested for a detailed inspection of the fixed Airworthiness Products Section, more information about the purpose of swashplate and rotating scissors. General Aviation and Rotorcraft Unit, this new AD. The commenter stated that Costs of Compliance 10101 Hillwood Pkwy., Fort Worth, TX the AD from 2017 (AD 2017–23–08) The FAA estimates that this AD 76177; telephone 817–222–5110; email already removes all P/N 3G6230V00654 affects 102 helicopters of U.S. Registry. [email protected]. bearings from service. SUPPLEMENTARY INFORMATION: FAA Response: The FAA disagrees Labor rates are estimated at $85 per that this AD is unnecessary. AD 2017– work-hour. Based on these numbers, the Discussion 23–08 only required the replacement of FAA estimates that operators may incur The FAA issued a notice of proposed the bearing if it failed an inspection, the following costs in order to comply rulemaking (NPRM) to amend 14 CFR whereas this AD requires this part- with this AD. part 39 to supersede AD 2017–23–08, numbered bearing to be removed from Inspecting for bearing liner wear, seat Amendment 39–19102 (82 FR 55752, service within a certain compliance movement, and play takes about 1 work- November 24, 2017) (AD–2017–23–08). time. hour for a cost of $85 per helicopter and AD 2017–23–08 applied to Agusta $8,670 for the U.S. fleet per inspection S.p.A. (now Leonardo S.p.a.) Model FAA’s Determination cycle. AB139 and AW139 helicopters with M/ These helicopters have been approved Replacing a bearing takes about 2 R rotating scissors with a bearing part by EASA and are approved for operation work-hours and parts cost about $950 number (P/N) 3G6230V00654 installed. in the United States. Pursuant to the for a cost of $1,120 per bearing. The NPRM published in the Federal FAA’s bilateral agreement with the Replacing a rotating scissor Register on September 15, 2020 (85 FR European Union, EASA has notified the attachment flange takes about 0.25 57165). The NPRM proposed to retain FAA of the unsafe condition described work-hours and parts cost about $25,629 the repetitive inspection requirements in its AD. The FAA is issuing this AD for a cost of $25,650 per flange. of AD 2017–23–08, and continue to after evaluating all of the information Installing two special nuts takes about require replacing the bearing with an provided by EASA and determining the 1 work-hour and parts cost about $755 improved bearing, replacing the rotating unsafe condition exists and is likely to for a cost of $840 per helicopter and scissor attachment flange with a certain exist or develop on other helicopters of $85,680 for the U.S. fleet.
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Authority for This Rulemaking 19102 (82 FR 55752, November 24, there is any play or wear beyond allowable limits, before further flight, replace the Title 49 of the United States Code 2017); and ■ b. Adding the following new AD: bearing with bearing P/N 3G6230V00655 and specifies the FAA’s authority to issue install special nut P/N 3G6230A06851. rules on aviation safety. Subtitle I, 2021–05–21 Leonardo S.p.a. (Type Replacing the bearing with bearing P/N Section 106, describes the authority of Certificate Previously Held by Agusta 3G6230V00655 constitutes terminating action S.p.A.): Amendment 39–21464; Docket the FAA Administrator. Subtitle VII, for the remaining actions of this AD for the No. FAA–2020–0797; Product Identifier Aviation Programs, describes in more bearing. 2018–SW–081–AD. detail the scope of the Agency’s (2) Within 100 hours TIS after the effective authority. (a) Applicability date of this AD, replace and torque each The FAA is issuing this rulemaking This airworthiness directive (AD) applies lower half scissor nut with special nut P/N under the authority described in to Leonardo S.p.a. Model AB139 and AW139 3G6230A06851 to the M/R rotating scissor in Subtitle VII, Part A, Subpart III, Section helicopters, certified in any category, with accordance with the Compliance 44701: General requirements. Under main rotor (M/R) rotating scissors with a Instructions, Part II, steps 5.1 through 5.9 of BT 139–392, except you are not required to that section, Congress charges the FAA lower half scissor spherical bearing (bearing) P/N 3G6230V00654 installed. discard parts. with promoting safe flight of civil (3) Within 100 hours TIS after the effective aircraft in air commerce by prescribing (b) Unsafe Condition date of this AD, remove each bearing P/N regulations for practices, methods, and This AD defines the unsafe condition as 3G6230V00654 from service and replace with procedures the Administrator finds excessive play of the bearing in the M/R bearing P/N 3G230V00655. necessary for safety in air commerce. rotating scissors. This condition could result (4) After December 11, 2017 (the effective This regulation is within the scope of in failure of the M/R rotating scissor bearing date of AD 2017–23–08), do not install on that authority because it addresses an and loss of helicopter control. any helicopter any M/R rotating scissors with unsafe condition that is likely to exist or (c) Affected ADs a bearing P/N 3G6230V00654 installed. develop on products identified in this This AD replaces AD 2017–23–08, (g) Alternative Methods of Compliance rulemaking action. Amendment 39–19102; (82 FR 55752, (AMOCs) Regulatory Findings November 24, 2017) (AD 2017–23–08). (1) The Manager, Strategic Policy (d) Effective Date Rotorcraft Section, FAA, has the authority to The FAA has determined that this AD approve AMOCs for this AD, if requested This AD becomes effective May 7, 2021. will not have federalism implications using the procedures found in 14 CFR 39.19. under Executive Order 13132. This AD (e) Compliance In accordance with 14 CFR 39.19, send your will not have a substantial direct effect You are responsible for performing each request to your principal inspector or local on the States, on the relationship action required by this AD within the Flight Standards District Office, as between the national government and specified compliance time unless it has appropriate. If sending information directly the States, or on the distribution of already been accomplished prior to that time. to the manager of the Strategic Policy power and responsibilities among the Rotorcraft Section, send it to the attention of: (f) Required Actions various levels of government. Matt Fuller, AD Program Manager, For the reasons discussed above, I (1) Within 5 hours time-in-service (TIS) Operational Safety Branch, Airworthiness certify that this AD: after December 11, 2017 (the effective date of Products Section, General Aviation and (1) Is not a ‘‘significant regulatory AD 2017–23–08), and thereafter before the Rotorcraft Unit, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817–222–5110; action’’ under Executive Order 12866, first flight of each day or at intervals not exceeding 24-clock hours, whichever occurs email [email protected]. (2) Will not affect intrastate aviation later: (2) Before using any approved AMOC, in Alaska, and (i) Using a magnifying glass and a notify your appropriate principal inspector, (3) Will not have a significant flashlight, visually inspect each bearing for or lacking a principal inspector, the manager economic impact, positive or negative, wear of the bearing liner. Some examples of of the local flight standards district office/ on a substantial number of small entities wear are shown in Figures 4 through 8 of certificate holding district office. under the criteria of the Regulatory Leonardo Helicopters Alert Bollettino Flexibility Act. Tecnico No. 139–392, Revision A, dated (h) Additional Information February 14, 2017 (BT 139–392). If there is (1) For service information identified in List of Subjects in 14 CFR Part 39 any wear of the liner, before further flight, this AD, contact Leonardo S.p.a. Helicopters, Air transportation, Aircraft, Aviation replace the bearing with bearing P/N Emanuele Bufano, Head of Airworthiness, safety, Incorporation by reference, 3G6230V00655 and install special nut P/N Viale G.Agusta 520, 21017 C.Costa di Safety. 3G6230A06851. Replacing the bearing with Samarate (Va) Italy; telephone +39–0331– bearing P/N 3G6230V00655 constitutes 225074; fax +39–0331–229046; or at https:// Adoption of the Amendment terminating action for the remaining actions www.leonardocompany.com/en/home. of this AD for the bearing. (2) The subject of this AD is addressed in Accordingly, under the authority (ii) Inspect each bearing for movement. European Aviation Safety Agency (now delegated to me by the Administrator, Refer to Figure 9 of BT 139–392. If the European Union Aviation Safety Agency) the FAA amends 14 CFR part 39 as bearing moves freely out of its seat, before (EASA) AD No. 2017–0028–E, dated follows: further flight, replace the rotating scissor February 15, 2017. You may view the EASA attachment flange with flange P/N AD on the internet at https:// PART 39—AIRWORTHINESS 3G6220A00633, replace the bearing with www.regulations.gov in the AD Docket. DIRECTIVES bearing P/N 3G6230V00655 and install special nut P/N 3G6230A06851. Replacing (i) Subject ■ 1. The authority citation for part 39 the bearing with bearing P/N 3G6230V00655 Joint Aircraft Service Component (JASC) continues to read as follows: constitutes terminating action for the Code: 6200, Main Rotor System. remaining actions of this AD for the bearing. Authority: 49 U.S.C. 106(g), 40113, 44701. (iii) Inspect the M/R rotating scissors for (j) Material Incorporated by Reference § 39.13 [Amended] play and wear of each bearing, paying (1) The Director of the Federal Register particular attention to the bearing staking approved the incorporation by reference of ■ 2. The FAA amends § 39.13 by: condition, by manually moving the lower the service information listed in this ■ a. Removing Airworthiness Directive half scissor along the axis of the spherical paragraph under 5 U.S.C. 552(a) and 1 CFR (AD) 2017–23–08, Amendment 39– bearing. Refer to Figure 1 of BT 139–392. If part 51.
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(2) You must use this service information hours TIS, calculating the remaining life FAA learned from Sikorsky Aircraft as applicable to do the actions required by of the arm assembly or removing the Corporation that Sikorsky S–61 this AD, unless the AD specifies otherwise. arm assembly from service. The FAA is Helicopter Alert Service Bulletin (ASB) (i) Leonardo Helicopters Alert Bollettino issuing this AD to address the unsafe 61B General-1, Revision No. Z, dated Tecnico No. 139–392, Revision A, dated February 14, 2017. condition on these products. November 13, 2018, which is applicable (ii) [Reserved] DATES: This AD is effective May 7, 2021. to Sikorsky Model S–61L, S–61N, S– (3) For service information identified in The Director of the Federal Register 61NM, and S–61R helicopters, failed to this AD, contact Leonardo S.p.A. Helicopters, approved the incorporation by reference include the life limit of the redesigned Emanuele Bufano, Head of Airworthiness, of a certain publication listed in this AD arm assembly. As a result, Sikorsky Viale G. Agusta 520, 21017 C. Costa di as of May 7, 2021. Aircraft Corporation determined that Samarate (Va) Italy; telephone +39–0331– ADDRESSES: For service information there may be arm assemblies in service 225074; fax +39–0331–229046; or at https:// with 15,000 or more hours TIS, which www.leonardocompany.com/en/home. identified in this final rule, contact your (4) You may view this service information local Sikorsky Field Representative or exceeds the service life limit for this at the FAA, Office of the Regional Counsel, Sikorsky’s Service Engineering Group at component. In the NPRM, the FAA Southwest Region, 10101 Hillwood Pkwy., Sikorsky Aircraft Corporation, Mailstop proposed to require reviewing the mixer Room 6N–321, Fort Worth, TX 76177. For K100, 124 Quarry Road, Trumbull, CT unit component log card or equivalent information on the availability of this 06611; telephone 1–800–946–4337 (1– record and, depending on the hours TIS material at the FAA, call 817–222–5110. 800-Winged-S); email wcs_cust_service_ of the arm assembly, calculating the (5) You may view this service information [email protected]. Operators may remaining life of the arm assembly or that is incorporated by reference at the also log on to the Sikorsky 360 website removing the arm assembly from National Archives and Records Administration (NARA). For information on at https://www.sikorsky360.com. You service. The proposed actions are the availability of this material at NARA, may view this service information at the intended to prevent an arm assembly email [email protected], or go to: https:// FAA, Office of the Regional Counsel, from remaining in service beyond its life www.archives.gov/federal-register/cfr/ibr- Southwest Region, 10101 Hillwood limit. This condition, if not addressed, locations.html. Pkwy., Room 6N–321, Fort Worth, TX could result in reduced or loss of tail Issued on February 26, 2021. 76177. For information on the rotor control and reduced control of the Gaetano A. Sciortino, availability of this material at the FAA, helicopter. call (817) 222–5110. It is also available Deputy Director for Strategic Initiatives, at https://www.regulations.gov by Discussion of Final Airworthiness Compliance & Airworthiness Division, Directive Aircraft Certification Service. searching for and locating Docket No. [FR Doc. 2021–06773 Filed 4–1–21; 8:45 am] FAA–2020–0920. Comments BILLING CODE 4910–13–P Examining the AD Docket The FAA received no comments on You may examine the AD docket at the NPRM or on the determination of DEPARTMENT OF TRANSPORTATION https://www.regulations.gov by the costs. searching for and locating Docket No. Conclusion Federal Aviation Administration FAA–2020–0920; or in person at Docket Operations between 9 a.m. and 5 p.m., The FAA reviewed the relevant data 14 CFR Part 39 Monday through Friday, except Federal and determined that air safety requires holidays. The AD docket contains this [Docket No. FAA–2020–0920; Project adopting this AD as proposed. final rule, any comments received, and Accordingly, the FAA is issuing this AD Identifier AD–2020–00662–R; Amendment other information. The address for 39–21462; AD 2021–05–19] to address the unsafe condition on these Docket Operations is U.S. Department of products. Except for the minor editorial RIN 2120–AA64 Transportation, Docket Operations, M– changes of updating the contact 30, West Building Ground Floor, Room Airworthiness Directives; Sikorsky information to obtain service W12–140, 1200 New Jersey Avenue SE, information identified in this final rule Aircraft and Sikorsky Aircraft Washington, DC 20590. Corporation Helicopters and updating the contact information FOR FURTHER INFORMATION CONTACT: for the FAA, this AD is adopted as AGENCY: Federal Aviation Isabel L. Saltzman, Aerospace Engineer, proposed in the NPRM. Administration (FAA), DOT. Boston ACO Branch, FAA, 1200 District Related Service Information Under 1 ACTION: Final rule. Avenue, Burlington, MA 01803; phone: (781) 238–7649; email: CFR Part 51 SUMMARY: The FAA is adopting a new [email protected]. The FAA reviewed Sikorsky S–61 airworthiness directive (AD) for SUPPLEMENTARY INFORMATION: Sikorsky Aircraft Model S–61L, S–61N, Helicopter ASB 61B40–11, Basic Issue, S–61NM, and S–61R helicopters and Background dated March 2, 2020. This service Sikorsky Aircraft Corporation Model S– The FAA issued a notice of proposed information describes procedures for a 61A, S–61D, S–61E, and S–61V rulemaking (NPRM) to amend 14 CFR one-time inspection of the mixer unit restricted category helicopters. This AD part 39 by adding an AD that would component log card to verify the arm was prompted by the manufacturer apply to Sikorsky Aircraft Model S–61L, assembly life limit and, if the life limit determining that there may be arm S–61N, S–61NM, and S–61R helicopters has been exceeded, to replace the arm assemblies in service that have and Sikorsky Aircraft Corporation assembly for Sikorsky Model S–61L, S– accumulated 15,000 or more hours time- Model S–61A, S–61D, S–61E, and S– 61N, and S–61NM helicopters. in-service (TIS), which exceeds the 61V restricted category helicopters, with This service information is reasonably service life limit for this component. an arm assembly part number S6140– available because the interested parties This AD requires reviewing the mixer 62614–009, installed. The NPRM have access to it through their normal unit component log card or equivalent published in the Federal Register on course of business or by the means record and, depending on the number of October 26, 2020 (85 FR 67692). The identified in ADDRESSES.
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Other Related Service Information that section, Congress charges the FAA (c) Applicability The FAA also reviewed Sikorsky S–61 with promoting safe flight of civil This AD applies to Sikorsky Aircraft Model Helicopter ASB 61B General-1, Revision aircraft in air commerce by prescribing S–61L, S–61N, S–61NM, and S–61R regulations for practices, methods, and helicopters and Sikorsky Aircraft Corporation AA, dated February 24, 2020. This Model S–61A, S–61D, S–61E, and S–61V service information summarizes and procedures the Administrator finds necessary for safety in air commerce. helicopters, certificated in any category lists parts with mandatory retirement including restricted, with an arm assembly times and inspections for Sikorsky This regulation is within the scope of part number S6140–62614–009, installed. Model S–61L, S–61N, and S–61NM that authority because it addresses an (d) Subject helicopters. unsafe condition that is likely to exist or develop on products identified in this Joint Aircraft System Component (JASC) Differences Between This AD and the rulemaking action. Code 6720, Tail Rotor Control System. Service Information Regulatory Findings (e) Unsafe Condition The ASB is effective only for Sikorsky This AD was prompted by the Aircraft Model S–61L, S–61N, and S– This AD will not have federalism manufacturer determining that there may be 61NM helicopters. In addition to these implications under Executive Order arm assemblies in service with 15,000 or helicopters, the applicability of this AD 13132. This AD will not have a more hours time-in-service (TIS), which also includes Sikorsky Aircraft Model substantial direct effect on the States, on exceeds the life limit for this component. The S–61R helicopters and Sikorsky Aircraft the relationship between the national FAA is issuing this AD to prevent reduced Corporation Model S–61A, S–61D, S– government and the States, or on the or loss of tail rotor control. This unsafe 61E, and S–61V restricted category condition, if not addressed, could result in distribution of power and reduced control of the helicopter. helicopters. The FAA is expanding the responsibilities among the various applicability to prevent the installation levels of government. (f) Compliance of arm assemblies that have exceeded For the reasons discussed above, I Comply with this AD within the their life limits on helicopters with a certify that this AD: compliance times specified, unless already similar type design as those helicopters done. (1) Is not a ‘‘significant regulatory affected by the ASB. action’’ under Executive Order 12866, (g) Required Action Costs of Compliance (2) Will not affect intrastate aviation (1) Within 90 days after the effective date The FAA estimates that this AD in Alaska, and of this AD, review the mixer unit component log card or equivalent record to determine if affects 13 helicopters of U.S. Registry. (3) Will not have a significant the affected arm assembly is entered with the Labor rates are estimated at $85 per economic impact, positive or negative, appropriate 15,000 hours TIS life limit. work-hour. Based on these numbers, the on a substantial number of small entities (2) If the affected arm assembly is not FAA estimates that operators may incur under the criteria of the Regulatory included on the mixer unit component log the following costs in order to comply Flexibility Act. card or equivalent record, within 90 days with this AD. after the effective date of this AD, add the Reviewing the mixer unit component List of Subjects in 14 CFR Part 39 arm assembly entry to the mixer unit log or equivalent record takes about 1 component log card or equivalent record and Air transportation, Aircraft, Aviation determine the remaining life of the arm work-hour for an estimated cost of $85 safety, Incorporation by reference, per helicopter and $1,105 for the U.S. assembly using the Accomplishment Safety. Instructions, Section 3.A.(3) of Sikorsky S–61 fleet. Adding the arm assembly entry Helicopter Alert Service Bulletin (ASB) and determine the remaining life takes The Amendment 61B40–11, Basic Issue, dated March 2, 2020 about 1 work-hour for an estimated cost Accordingly, under the authority (the ASB). of $85 per helicopter and $1,105 for the delegated to me by the Administrator, (3) If, based on the review required by U.S. fleet. Replacing the arm assembly paragraphs (g)(1) and (2) of this AD, the arm the FAA amends 14 CFR part 39 as assembly has accumulated 15,000 or more takes about 9 work-hours and parts cost follows: about $5,035, for an estimated cost of hours TIS, before further flight, remove the $5,800 per arm assembly. arm assembly from service. If the hours TIS PART 39—AIRWORTHINESS for the affected arm assembly cannot be According to the manufacturer, some DIRECTIVES determined, before further flight, remove the of the costs of this AD may be covered affected arm assembly from service. under warranty, thereby reducing the ■ 1. The authority citation for part 39 (4) For arm assemblies that have not cost impact on affected individuals. The continues to read as follows: accumulated 15,000 or more hours TIS, FAA does not control warranty coverage thereafter, continue to determine the by the manufacturer; accordingly, the Authority: 49 U.S.C. 106(g), 40113, 44701. remaining life of the arm assembly and FAA has included all costs in this cost § 39.13 [Amended] remove the arm assembly from service before estimate. it accumulates 15,000 hours TIS. ■ 2. The FAA amends § 39.13 by adding (h) Credit for Previous Actions Authority for This Rulemaking the following new airworthiness You may take credit for adding the arm Title 49 of the United States Code directive: assembly entry to the mixer unit component specifies the FAA’s authority to issue 2021–05–19 Sikorsky Aircraft and log card or equivalent record and rules on aviation safety. Subtitle I, Sikorsky Aircraft Corporation: determining the remaining life of the arm section 106, describes the authority of Amendment 39–21462; Docket No. assembly required by paragraphs (g)(1) and the FAA Administrator. Subtitle VII: FAA–2020–0920; Project Identifier AD– (2) of this AD if you performed these actions Aviation Programs, describes in more 2020–00662–R. before the effective date of this AD using detail the scope of the Agency’s Sikorsky S–61 Helicopter ASB 61B General- (a) Effective Date 1, Revision AA, dated February 24, 2020. authority. This airworthiness directive (AD) is The FAA is issuing this rulemaking effective May 7, 2021. (i) Special Flight Permit under the authority described in Special flight permits, as described in Subtitle VII, Part A, Subpart III, Section (b) Affected ADs Section 21.197 and Section 21.199 of the 44701: General requirements. Under None. Federal Aviation Regulations (14 CFR 21.197
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and 21.199), are subject to the requirements Issued on March 1, 2021. Monday through Friday, except Federal of paragraph (g)(3) of this AD. Operators who Ross Landes, holidays. The AD docket contains this are prohibited from further flight due to Deputy Director for Regulatory Operations, AD, the European Aviation Safety exceeding the life limit in paragraph (g)(3) of Compliance & Airworthiness Division, Agency (now European Union Aviation this AD, may only perform a maintenance Aircraft Certification Service. Safety Agency) (EASA) AD, any check or a one-time ferry flight to a location [FR Doc. 2021–06779 Filed 4–1–21; 8:45 am] comments received, and other where the affected arm assembly can be BILLING CODE 4910–13–P information. The street address for removed from service. This ferry flight must Docket Operations is U.S. Department of be performed with only essential flight crew. Transportation, Docket Operations, M– (j) Alternative Methods of Compliance DEPARTMENT OF TRANSPORTATION 30, West Building Ground Floor, Room (AMOCs) W12–140, 1200 New Jersey Avenue SE, (1) The Manager, Boston ACO Branch, Federal Aviation Administration Washington, DC 20590. FAA, has the authority to approve AMOCs FOR FURTHER INFORMATION CONTACT: 14 CFR Part 39 for this AD, if requested using the procedures Bang Nguyen, Aerospace Engineer, found in 14 CFR 39.19. In accordance with [Docket No. FAA–2020–0912; Product Structures Certification Section, Fort 14 CFR 39.19, send your request to your Identifier 2015–SW–071–AD; Amendment Worth ACO Branch, FAA, 10101 principal inspector or local Flight Standards 39–21492; AD 2021–07–15] Hillwood Pkwy., Fort Worth, TX 76177; District Office, as appropriate. If sending telephone 817–222–5110; email information directly to the manager of the RIN 2120–AA64 [email protected]. certification office, send it to the attention of the person identified in paragraph (k) of this Airworthiness Directives; Airbus SUPPLEMENTARY INFORMATION: Helicopters AD. Discussion (2) Before using any approved AMOC, AGENCY: notify your appropriate principal inspector, Federal Aviation The FAA issued a notice of proposed or lacking a principal inspector, the manager Administration (FAA), DOT. rulemaking (NPRM) to amend 14 CFR of the local flight standards district office/ ACTION: Final rule. part 39 to remove AD 82–20–05, certificate holding district office. Amendment 39–4466 (47 FR 43018, SUMMARY: The FAA is superseding (k) Related Information September 30, 1982) (AD 82–20–05), Airworthiness Directive (AD) 82–20–05 and add a new AD. AD 82–20–05 For more information about this AD, for Societe Nationale Industrielle applied to Societe Nationale Industrielle contact Isabel Saltzman, Aerospace Engineer, Aerospatiale (now Airbus Helicopters) Aerospatiale (now Airbus Helicopters) Boston ACO Branch, FAA, 1200 District Model AS–350 and AS–355 series Model AS–350 and AS–355 series Avenue, Burlington, MA 01803; phone: (781) helicopters. AD 82–20–05 required 238–7649; email: [email protected]. helicopters. The NPRM published in the inspecting and establishing a life limit Federal Register on October 14, 2020 (l) Material Incorporated by Reference for the tail rotor (TR) drive shaft bearing (85 FR 64995) and proposed to apply to (1) The Director of the Federal Register (bearing). This new AD requires Airbus Helicopters Model AS350B, approved the incorporation by reference replacing certain part-numbered TR AS350B1, AS350B2, AS350B3, (IBR) of the service information listed in this bearings with one part-numbered AS350BA, AS350C, AS350D, AS350D1, paragraph under 5 U.S.C. 552(a) and 1 CFR bearing and repetitively inspecting one AS355E, AS355F, AS355F1, AS355F2, part 51. part-numbered bearing. This AD was AS355N, and AS355NP helicopters with (2) You must use this service information prompted by inconsistencies that have a bearing part number (P/N) 593404, as applicable to do the actions required by been identified between inspections and 6007–2RS1MT47CA, P9107NPP7, this AD, unless the AD specifies otherwise. maintenance actions required by ADs 83A851BC3, or 83A851B–1C3, or (i) Sikorsky S–61 Helicopter Alert Service and inspections and maintenance manufacturer part number (MP/N) Bulletin 61B40–11, Basic Issue, dated March actions specified in the applicable 704A33–651–010, 704A33–651–111, 2, 2020. maintenance manual. The actions of this 704A33–651–143, or 704A33–651–181 (ii) [Reserved] AD are intended to address an unsafe installed. The NPRM proposed to (3) For service information identified in condition on these products. this AD, contact your local Sikorsky Field require, within 100 hours time-in- Representative or Sikorsky’s Service DATES: This AD is effective May 7, 2021. service (TIS), and thereafter at intervals Engineering Group at Sikorsky Aircraft ADDRESSES: For service information not to exceed 165 hours TIS, for Corporation, Mailstop K100, 124 Quarry identified in this final rule, contact helicopters with certain part-numbered Road, Trumbull, CT 06611; telephone 1–800– Airbus Helicopters, 2701 N Forum bearings installed, inspecting each 946–4337 (1–800–Winged–S); email wcs_ Drive, Grand Prairie, TX 75052; bearing holder damper bushing for [email protected]. Operators telephone 972–641–0000 or 800–232– wear, a crack, tears, and play between may also log on to the Sikorsky 360 website 0323; fax 972–641–3775; or at https:// each bushing and support plate; each at https://www.sikorsky360.com. www.airbus.com/helicopters/services/ bearing holder for a crack, fretting, and (4) You may view this service information technical-support.html. You may view corrosion around the attachment holes; at the FAA, Office of the Regional Counsel, this referenced service information at and each rubber sleeve for rotation, Southwest Region, 10101 Hillwood Pkwy., the FAA, Office of the Regional Counsel, crazing, play between the inner races Room 6N–321, Fort Worth, TX 76177. For Southwest Region, 10101 Hillwood and the rubber sleeve, and lack of information on the availability of this integrity of the elastomer. Depending on material at the FAA, call (817) 222–5110. Pkwy., Room 6N–321, Fort Worth, TX (5) You may view this service information 76177. the inspection results, the NRPM proposed to require removing certain that is incorporated by reference at the Examining the AD Docket National Archives and Records parts from service. The NPRM also Administration (NARA). For information on You may examine the AD docket on proposed to require making a mark with the availability of this material at NARA, the internet at https:// white paint on the rubber sleeves and email: [email protected], or go to: www.regulations.gov in Docket No. on the shaft within 100 hours TIS. For https://www.archives.gov/federal-register/cfr/ FAA–2020–0912; or in person at Docket helicopters with bearing P/N 6007– ibr-locations.html. Operations between 9 a.m. and 5 p.m., 2RS1MT47CA, P9107NPP7,
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83A851BC3, or 83A851B–1C3, or MP/N FAA’s Determination parts cost about $1,225, for an estimated 704A33–651–010, 704A33–651–111, or These helicopters have been approved cost of $1,438 per helicopter. 704A33–651–143 installed, the NPRM by EASA and are approved for operation For Model AS350 D, D1, and AS355- proposed to require removing those part in the United States. Pursuant to the series helicopters, inspecting the numbered bearings from service and FAA’s bilateral agreement with the bearings takes about 3 work hours, for installing bearing P/N 593404 or MP/N European Union, EASA has notified the an estimated cost of $255 per helicopter 704A33–651–181. The NPRM also FAA of the unsafe condition described per inspection cycle. Replacing each proposed to prohibit installing certain in its AD. The FAA is issuing this AD bearing with a single part numbered bearings on any helicopter. after evaluating all of the information bearing takes about 3 work hours and The NPRM was prompted by EASA provided by EASA and determining the parts cost about $1,470, for an estimated AD 2015–0195, dated September 23, unsafe condition exists and is likely to cost of $1,725 per helicopter. 2015 (EASA AD 2015–0195), issued by exist or develop on other helicopters of Making a mark with white paint on EASA, which is the Technical Agent for these same type designs and that air the rubber sleeves and shaft takes a the Member States of the European safety and the public interest require minimal amount of time and has a Union, to correct an unsafe condition adopting the AD requirements as nominal parts cost. for Airbus Helicopters Model AS 350 B, proposed. BA, BB, B1, B2, B3, and D, and AS 355 Authority for This Rulemaking E, F, F1, F2, N, and NP helicopters with Differences Between This AD and the EASA AD Title 49 of the United States Code certain part numbered bearings specifies the FAA’s authority to issue installed. EASA advises that after The EASA AD requires replacing the rules on aviation safety. Subtitle I, inconsistencies were identified between older design bearings within 10 months, Section 106, describes the authority of inspections and maintenance actions while this AD requires replacing the the FAA Administrator. Subtitle VII, required by French Civil Aviation bearings within 100 hours TIS instead. Aviation Programs, describes in more Authority ADs and EASA ADs, Airbus The EASA AD applies to Model detail the scope of the Agency’s Helicopters issued service information AS350BB helicopters, whereas this AD authority. to specify replacing four different part does not as this model helicopter is not FAA type-certificated. Finally, this AD The FAA is issuing this rulemaking numbered bearings with one bearing under the authority described in P/N 593404 (also listed as MP/N applies to Model AS350C and AS350D1 helicopters as they have the same Subtitle VII, Part A, Subpart III, Section 704A33–651–181) and to provide 44701: General requirements. Under inspection procedures for the new bearings installed, and the EASA AD does not. that section, Congress charges the FAA bearing. Accordingly, EASA AD 2015– with promoting safe flight of civil 0195 retains the inspections for the Related Service Information aircraft in air commerce by prescribing older design bearings, requires replacing regulations for practices, methods, and the bearings with the new bearings, and The FAA reviewed Airbus Helicopters Alert Service Bulletin (ASB) No. procedures the Administrator finds requires repetitive inspections for the AS355–01.00.57, Revision 2, dated necessary for safety in air commerce. new bearings. January 19, 2016, for Model AS355 This regulation is within the scope of Comments helicopters, and ASB AS350–01.00.70, that authority because it addresses an Revision 1, dated September 21, 2015, unsafe condition that is likely to exist or After the NPRM was published, the for Model AS350 helicopters. This develop on products identified in this FAA received comments from two service information describes rulemaking action. commenters. procedures for inspecting bearing P/N Regulatory Findings Request 593404 and MP/N 704A33–651–181 for position, condition, and wear. This The FAA has determined that this AD Both commenters stated that the service information also advises will not have federalism implications recurring 165 hour TIS inspections for customers that older designed bearings under Executive Order 13132. This AD TR bearing P/N 593404 and MP/N are not fit for flight, and specifies will not have a substantial direct effect 704A33–651–181 are already captured replacing the older designed bearings on the States, on the relationship in the FAA-approved manufacturer with new bearing P/N 593404 or MP/N between the national government and Airworthiness Limitations Schedule 704A33–651–181. This service the States, or on the distribution of (ALS) as a 150 hour recurring information also references procedures power and responsibilities among the inspection, and should not be part of for repetitively inspecting the newer various levels of government. this AD. One of the commenters added bearings. that the AD’s recurring inspection For the reasons discussed above, I would create a double sign-off and more Costs of Compliance certify that this AD: paperwork. The FAA estimates that this AD will (1) Is not a ‘‘significant regulatory The FAA disagrees. Operators may affect 915 helicopters of U.S. Registry. action’’ under Executive Order 12866, not have to follow the version of the Labor rates are estimated at $85 per (2) Will not affect intrastate aviation ALS referred to by the commenters work hour. Based on these numbers, the in Alaska, and because operators might be following an FAA estimates that operators may incur (3) Will not have a significant older or newer version depending on the following costs in order to comply economic impact, positive or negative, the delivery date of the helicopter. with this AD. on a substantial number of small entities Additionally, the repetitive inspections For Model AS350 B, BA, B1, B2, B3, under the criteria of the Regulatory required by this AD must be and C helicopters, inspecting the Flexibility Act. accomplished at intervals not to exceed bearings takes about 2.5 work hours, for List of Subjects in 14 CFR Part 39 165 hours TIS; if operators accomplish an estimated cost of $213 per helicopter these inspections every 150 hours TIS as per inspection cycle. Replacing each Air transportation, Aircraft, Aviation stated in the ALS, they are meeting the bearing with a single part numbered safety, Incorporation by reference, AD’s required compliance time. bearing takes about 2.5 work hours and Safety.
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Adoption of the Amendment holes. If there is a crack, fretting, or (EASA) AD 2015–0195, dated September 23, corrosion, remove the bearing holder from 2015. You may view the EASA AD on the Accordingly, under the authority service. internet at https://www.regulations.gov in delegated to me by the Administrator, (iii) Inspect each rubber sleeve for rotation, Docket FAA–2020–0912. the FAA amends 14 CFR part 39 as crazing, play between the inner races and the follows: rubber sleeve, and lack of integrity of the (i) Subject elastomer. For the purposes of this Joint Aircraft Service Component (JASC) PART 39—AIRWORTHINESS inspection, lack of integrity may be indicated Code: 6510, Tail Rotor Drive Shaft. DIRECTIVES by brittle or cracked rubber. If there is any Issued on March 25, 2021. rotation, crazing, play between the inner ■ 1. The authority citation for part 39 races and the rubber sleeve, or lack of Gaetano A. Sciortino, continues to read as follows: integrity of the elastomer, remove the rubber Deputy Director for Strategic Initiatives, sleeve from service. Compliance & Airworthiness Division, Authority: 49 U.S.C. 106(g), 40113, 44701. (2) Within 100 hours TIS: Aircraft Certification Service. § 39.13 [Amended] (i) Make a mark with white paint on the [FR Doc. 2021–06783 Filed 4–1–21; 8:45 am] rubber sleeves and on the shaft. ■ BILLING CODE 4910–13–P 2. The FAA amends § 39.13 by: (ii) For helicopters with TR shaft bearing ■ a. Removing Airworthiness Directive P/N 6007–2RS1MT47CA, P9107NPP7, (AD) 82–20–05, Amendment 39–4466 83A851BC3, or 83A851B–1C3, or MP/N DEPARTMENT OF TRANSPORTATION (47 FR 43018, September 30, 1982); and 704A33–651–010, 704A33–651–111, or ■ b. Adding the following new AD: 704A33–651–143 installed, remove the Federal Aviation Administration 2021–07–15 Airbus Helicopters: affected bearings from service and replace with bearing P/N 593404 or MP/N 704A33– Amendment 39–21492; Docket No. 14 CFR Part 39 FAA–2020–0912; Product Identifier 651–181. 2015–SW–071–AD. (3) After the effective date of this AD, do [Docket No. FAA–2020–0901; Project not install bearing P/N 6007–2RS1MT47CA, Identifier AD–2020–00705–E; Amendment (a) Applicability P9107NPP7, 83A851BC3, or 83A851B–1C3, 39–21459; AD 2021–05–16] This airworthiness directive (AD) applies or MP/N 704A33–651–010, 704A33–651– to Airbus Helicopters Model AS350B, 111, or 704A33–651–143 on any helicopter. RIN 2120–AA64 AS350B1, AS350B2, AS350B3, AS350BA, (g) Alternative Methods of Compliance AS350C, AS350D, AS350D1, AS355E, Airworthiness Directives; Pratt & (AMOCs) AS355F, AS355F1, AS355F2, AS355N, and Whitney Division Turbofan Engines AS355NP helicopters, certificated in any (1) The Manager, International Validation category, with a tail rotor (TR) drive shaft Branch, FAA, has the authority to approve AGENCY: Federal Aviation bearing (bearing) part number (P/N) 593404, AMOCs for this AD, if requested using the Administration (FAA), DOT. 6007–2RS1MT47CA, P9107NPP7, procedures found in 14 CFR 39.19. In ACTION: Final rule. 83A851BC3, or 83A851B–1C3, or accordance with 14 CFR 39.19, send your manufacturer part number (MP/N) 704A33– request to your principal inspector or local SUMMARY: The FAA is adopting a new 651–010, 704A33–651–111, 704A33–651– Flight Standards District Office, as airworthiness directive (AD) for certain 143, or 704A33–651–181, installed. appropriate. If sending information directly Pratt & Whitney Division (PW) PW4164, to the manager of the International Validation (b) Unsafe Condition PW4164–1D, PW4168, PW4168–1D, Branch, send it to the attention of: Bang PW4168A, PW4168A–1D, and PW4170 This AD defines the unsafe condition as Nguyen, Aerospace Engineer, Structures model turbofan engines. This AD was failure or seizure of a TR bearing, which if Certification Section, Fort Worth ACO not corrected could result in loss of the TR Branch, FAA, 10101 Hillwood Pkwy., Fort prompted by several reports of low- drive and subsequent loss of control of the Worth, TX 76177; telephone 817–222–5110; pressure turbine (LPT) 4th-stage vane helicopter. Information may be emailed to: 9-AVS-AIR- cluster assemblies leaning back and (c) Affected ADs [email protected]. notching into the rotating LPT 4th-stage (2) Before using any approved AMOC, blades, causing some blades to fracture This AD replaces AD 82–20–05, notify your appropriate principal inspector, and release. This AD requires initial and Amendment 39–4466 (47 FR 43018, or lacking a principal inspector, the manager September 30, 1982). repetitive replacements of the LPT 4th- of the local flight standards district office/ stage air sealing ring segment assemblies (d) Effective Date certificate holding district office. with parts eligible for installation. This This AD becomes effective May 7, 2021. (h) Additional Information AD also requires initial and repetitive (e) Compliance (1) Airbus Helicopters Alert Service dimensional inspections of the LPT case You are responsible for performing each Bulletin (ASB) No. AS355–01.00.57, Revision for bulging and, depending on the action required by this AD within the 2, dated January 19, 2016, and Airbus results of the dimensional inspections, specified compliance time unless it has Helicopter ASB No. AS350–01.00.70, repair or replacement of the LPT case. already been accomplished prior to that time. Revision 1, dated September 21, 2015, which The FAA is issuing this AD to address are not incorporated by reference, contain the unsafe condition on these products. (f) Required Actions additional information about the subject of this AD. For service information identified in DATES: This AD is effective May 7, 2021. (1) For helicopters with TR bearing P/N The Director of the Federal Register 593404 or MP/N 704A33–651–181 installed, this AD, contact Airbus Helicopters, 2701 N within 100 hours time-in-service (TIS) and Forum Drive, Grand Prairie, TX 75052; approved the incorporation by reference thereafter at intervals not to exceed 165 hours telephone 972–641–0000 or 800–232–0323; of a certain publication listed in this AD TIS: fax 972–641–3775; or at https:// as of May 7, 2021. (i) Inspect each bearing holder damper www.airbus.com/helicopters/services/ ADDRESSES: For service information bushing for wear, a crack, tears, and play technical-support.html. You may view a copy identified in this final rule, contact Pratt between each bushing and support plate. If of the service information at the FAA, Office & Whitney, 400 Main Street, East of the Regional Counsel, Southwest Region, there is any wear, a crack, tears, or play Hartford, CT 06118; phone: (800) 565– between the bushing and support plate, 10101 Hillwood Pkwy., Room 6N–321, Fort remove the bearing holder damper bushing Worth, TX 76177. 0140; email: [email protected]; from service. (2) The subject of this AD is addressed in website: http://fleetcare.pw.utc.com. (ii) Inspect each bearing holder for a crack, European Aviation Safety Agency (now You may view this service information fretting, and corrosion around the attachment European Union Aviation Safety Agency) at the FAA, Airworthiness Products
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Section, Operational Safety Branch, FAA proposed to require initial and through P are separated. Delta reasoned 1200 District Avenue, Burlington, MA repetitive replacements of the LPT 4th- that while the ASB clarifies that flanges 01803. For information on the stage air sealing ring segment assemblies H through P, as identified in the availability of this material at the FAA, with parts eligible for installation. The PW4168 Engine Manual, Chapter/ call (781) 238–7759. It is also available FAA also proposed in the NPRM to Section 72–00–00 Engine General, at https://www.regulations.gov by require initial and repetitive Description/Operation-01, Figure 6, searching for and locating Docket No. dimensional inspections of the LPT case constitute ‘‘major mating engine FAA–2020–0901. for bulging and, depending on the flanges,’’ the proposed rule would Examining the AD Docket results of the dimensional inspection, require teardown of the LPT module in repair or replacement of the LPT case. instances when one of the flanges You may examine the AD docket at The FAA is issuing this AD to address forward of flange H was separated to https://www.regulations.gov by the unsafe condition on these products. perform minor repairs on the cold searching for and locating Docket No. section of the engine. Discussion of Final Airworthiness FAA–2020–0901; or in person at Docket The FAA agrees and has revised Directive Comments Operations between 9 a.m. and 5 p.m., paragraph (h)(1) of this AD to define ‘‘an Monday through Friday, except Federal The FAA received comments from engine shop visit’’ as the induction of an holidays. The AD docket contains this two commenters. The commenters were engine into the shop for maintenance final rule, any comments received, and Air Line Pilots Association (ALPA) and involving the separation of pairs of other information. The address for Delta Air Lines, Inc. (Delta). ALPA major mating engine flanges H through Docket Operations is U.S. Department of supported the proposal without change. P. Transportation, Docket Operations, M– Delta supported the proposal but 30, West Building Ground Floor, Room recommended certain changes. The Conclusion W12–140, 1200 New Jersey Avenue SE, following presents the comments The FAA reviewed the relevant data, Washington, DC 20590. received on the NPRM and the FAA’s considered any comments received, and FOR FURTHER INFORMATION CONTACT: response to each comment. determined that air safety requires Carol Nguyen, Aviation Safety Engineer, adopting this AD as proposed. Request to the Revise Required Actions ECO Branch, FAA, 1200 District Accordingly, the FAA is issuing this AD Avenue, Burlington, MA 01803; phone: Delta requested that the FAA revise to address the unsafe condition on these (781) 238–7655; fax: (781) 238–7199; paragraph (g)(5) of this AD to specify products. Except for minor editorial email: [email protected]. that any currently approved manual changes, and any other changes SUPPLEMENTARY INFORMATION: repairs are acceptable to return an LPT described previously, this AD is case to service. Delta stated that if Pratt adopted as proposed in the NPRM. Background & Whitney were to add additional None of the changes will increase the The FAA issued a notice of proposed repairs for Index 20 or Index 27 to the economic burden on any operator. rulemaking (NPRM) to amend 14 CFR CIR Manual, it is unclear whether part 39 by adding an AD that would operators would be permitted to repair Related Service Information Under 1 apply to certain PW PW4164, PW4164– the LPT case per the latest manual CFR Part 51 1D, PW4168, PW4168–1D, PW4168A, revision or would be restricted to those The FAA reviewed Pratt & Whitney PW4168A–1D, and PW4170 model manual revisions currently listed in ASB No. PW4G–100–A72–262, Revision turbofan engines. The NPRM published Table 1 of Pratt & Whitney Alert Service No. 1, dated September 3, 2020. The in the Federal Register on October 1, Bulletin (ASB) PW4G–100–A72–262 ASB describes procedures for replacing 2020 (85 FR 61886). The NPRM was Revision No. 1, dated September 3, the LPT 4th-stage air sealing ring prompted by six reports from the 2020. segment assemblies and inspecting the manufacturer concerning LPT 4th-stage The FAA disagrees with revising LPT case for bulging. This service vane cluster assemblies leaning back paragraph (g)(5) of this AD since this information is reasonably available and notching into rotating LPT 4th-stage paragraph does not require use of a because the interested parties have blades, causing some blades to fracture specific repair. Operators may use any access to it through their normal course and release. These incidents resulted in approved repair to return the LPT case of business or by the means identified an aborted takeoff, air turnbacks, engine to a serviceable condition. The FAA did in ADDRESSES. surges, high vibrations, and unplanned not change this AD. engine removals. The incidents were Costs of Compliance attributed to the LPT 4th-stage air Request to the Revise a Definition The FAA estimates that this AD sealing ring segment assemblies moving Delta requested that the FAA revise affects 99 engines installed on airplanes into the LPT 4th-stage blades knife edge paragraph (h)(1) of this AD to restrict of U.S. registry. seals, resulting in damage to the ring the definition of ‘‘engine shop visit’’ to The FAA estimates the following segment assemblies. In the NPRM, the only those visits in which flanges H costs to comply with this AD:
ESTIMATED COSTS
Cost per Cost on U.S. Action Labor cost Parts cost product operators
Inspect the LPT case for bulging ...... 2 work-hours × $85 per hour = $170 ...... $0 $170 $16,830 Replace the LPT 4th-stage air sealing ring 50 work-hours × $85 per hour = $4,250 ...... 64,592 68,842 6,815,358 segment assemblies.
The FAA estimates the following replacement that would be required The agency has no way of determining costs to do any necessary repair or based on the results of the inspection.
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the number of engines that might need these repairs or replacements.
ON-CONDITION COSTS
Cost per Action Labor cost Parts cost product
Repair LPT case to restore dimensions ...... 250 work-hours × $85 per hour = $21,250 ...... $0 $21,250 Replace the LPT case ...... 0 work-hours × $85 per hour = $0 ...... 1,300,000 1,300,000
Authority for This Rulemaking PART 39—AIRWORTHINESS (g) Required Actions Title 49 of the United States Code DIRECTIVES (1) For affected engines that have either the specifies the FAA’s authority to issue Talon IIA outer combustion chamber rules on aviation safety. Subtitle I, ■ 1. The authority citation for part 39 assembly, part number (P/N) 51J100 or P/N section 106, describes the authority of continues to read as follows: 51J382, or the Talon IIB outer combustion chamber assembly, P/N 51J381 or P/N the FAA Administrator. Subtitle VII: Authority: 49 U.S.C. 106(g), 40113, 44701. Aviation Programs, describes in more 51J500, installed, at the next engine shop visit after the effective date of this AD, detail the scope of the Agency’s § 39.13 [Amended] remove from service the LPT 4th-stage air authority. ■ 2. The FAA amends § 39.13 by adding sealing ring segment assemblies, P/N The FAA is issuing this rulemaking 50N463–01 or P/N 50N526–01, and replace under the authority described in the following new airworthiness directive: with parts eligible for installation. Subtitle VII, Part A, Subpart III, Section (2) For affected engines not referenced in 44701: General requirements. Under 2021–05–16 Pratt & Whitney Division: paragraph (g)(1) of this AD, at the next LPT that section, Congress charges the FAA Amendment 39–21459; Docket No. overhaul after the effective date of this AD, with promoting safe flight of civil FAA–2020–0901; Project Identifier AD– remove from service the LPT 4th-stage air aircraft in air commerce by prescribing 2020–00705–E. sealing ring segment assemblies, P/N regulations for practices, methods, and (a) Effective Date 50N463–01 or P/N 50N526–01, and replace procedures the Administrator finds This airworthiness directive (AD) is with parts eligible for installation. necessary for safety in air commerce. effective May 7, 2021. (3) For all affected engines, at each LPT This regulation is within the scope of overhaul after compliance with the required that authority because it addresses an (b) Affected ADs actions in paragraphs (g)(1) or (2) of this AD, unsafe condition that is likely to exist or None. remove from service the LPT 4th-stage air sealing ring segment assemblies, P/N develop on products identified in this (c) Applicability rulemaking action. 50N526–01, and replace with parts eligible This AD applies to Pratt & Whitney for installation. Regulatory Findings Division (PW) PW4164, PW4164–1D, (4) During each replacement of the LPT This AD will not have federalism PW4168, PW4168–1D, PW4168A, PW4168A– 4th-stage air sealing ring segment assemblies implications under Executive Order 1D, and PW4170 model turbofan engines required by paragraphs (g)(1), (2), and (3) of with low-pressure turbine (LPT) 4th-stage air 13132. This AD will not have a this AD, perform a dimensional inspection of sealing ring segment assemblies, part number the LPT case for bulging in accordance with substantial direct effect on the States, on (P/N) 50N463–01 or P/N 50N526–01, the Accomplishment Instructions, paragraph the relationship between the national installed. 2, of PW ASB PW4G–100–A72–262 Revision government and the States, or on the (d) Subject No. 1, dated September 3, 2020 (the ASB). distribution of power and (5) If, during the dimensional inspection of responsibilities among the various Joint Aircraft System Component (JASC) the LPT case required by paragraph (g)(4) of levels of government. Code 7250, Turbine Section. this AD, any LPT case found to be outside For the reasons discussed above, I (e) Unsafe Condition the serviceable limits specified in Table 1: certify that this AD: Serviceable Limits and Repairs of the ASB, This AD was prompted by several reports (1) Is not a ‘‘significant regulatory from the manufacturer concerning LPT 4th- repair or replace the LPT case before further action’’ under Executive Order 12866, stage vane cluster assemblies leaning back flight. (2) Will not affect intrastate aviation and notching into the rotating LPT 4th-stage (h) Definitions in Alaska, and blades, causing some blades to fracture and For the purpose of this AD: (3) Will not have a significant release. A manufacturer investigation into (1) An ‘‘engine shop visit’’ is the induction economic impact, positive or negative, those reports determined that the leaning of an engine into the shop for maintenance on a substantial number of small entities back of the LPT 4th-stage vane cluster involving the separation of pairs of major under the criteria of the Regulatory assemblies was caused by damage to the LPT mating engine flanges H through P. The Flexibility Act. 4th-stage air sealing ring segment assemblies. The FAA is issuing this AD to prevent separation of engine flanges solely for the List of Subjects in 14 CFR Part 39 damage to the LPT 4th-stage air sealing ring purpose of transportation without subsequent engine maintenance does not constitute an Air transportation, Aircraft, Aviation segment assemblies, the LPT case, and the LPT 4th-stage blades. The unsafe condition, engine shop visit. safety, Incorporation by reference, (2) An ‘‘LPT overhaul’’ is when the LPT Safety. if not addressed, could result in uncontained release of the LPT 4th-stage blades, damage rotor is removed from the engine, all four The Amendment to the engine, and damage to the airplane. disks are removed from the LPT rotor, and all blades are removed from the disks. Accordingly, under the authority (f) Compliance (3) ‘‘Parts eligible for installation’’ are LPT delegated to me by the Administrator, Comply with this AD within the 4th-stage air sealing ring segment assemblies, the FAA amends 14 CFR part 39 as compliance times specified, unless already P/N 50N526–01, with zero flight cycles since follows: done. new or with a P/N not mentioned in this AD.
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(i) Alternative Methods of Compliance DEPARTMENT OF TRANSPORTATION and locating Docket No. FAA–2020– (AMOCs) 0909; or in person at Docket Operations (1) The Manager, ECO Branch, FAA, has Federal Aviation Administration between 9 a.m. and 5 p.m., Monday the authority to approve AMOCs for this AD, through Friday, except Federal holidays. if requested using the procedures found in 14 14 CFR Part 39 The AD docket contains this final rule, CFR 39.19. In accordance with 14 CFR 39.19, [Docket No. FAA–2020–0909; Project any comments received, and other send your request to your principal inspector Identifier 2019–SW–118–AD; Amendment information. The street address for or local Flight Standards District Office, as 39–21458; AD 2021–05–15] Docket Operations is U.S. Department of appropriate. If sending information directly Transportation, Docket Operations, M– RIN 2120–AA64 to the manager of the certification office, 30, West Building Ground Floor, Room send it to the attention of the person Airworthiness Directives; Airbus W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. identified in Related Information. You may Helicopters email your request to: ANE-AD-AMOC@ FOR FURTHER INFORMATION CONTACT: faa.gov. AGENCY: Federal Aviation Kathleen Arrigotti, Aviation Safety (2) Before using any approved AMOC, Administration (FAA), Department of Engineer, Large Aircraft Section, notify your appropriate principal inspector, Transportation (DOT). International Validation Branch, FAA, or lacking a principal inspector, the manager ACTION: Final rule. 2200 South 216th St., Des Moines, WA of the local flight standards district office/ 98198; telephone and fax 206–231– certificate holding district office. SUMMARY: The FAA is adopting a new 3218; email [email protected]. (j) Related Information airworthiness directive (AD) for certain SUPPLEMENTARY INFORMATION: Airbus Helicopters Model AS332C, For more information about this AD, AS332C1, AS332L, and AS332L1 Discussion contact Carol Nguyen, Aviation Safety helicopters. This AD was prompted by The EASA, which is the Technical Engineer, ECO Branch, FAA, 1200 District a report that the cabin lateral sliding Agent for the Member States of the Avenue, Burlington, MA 01803; phone: (781) plug door failed its emergency European Union, has issued EASA AD 238–7655; fax: (781) 238–7199; email: jettisoning test; subsequent investigation 2019–0064R1, dated December 19, 2019 [email protected]. revealed that the jettison handle cable (EASA AD 2019–0064R1) (also referred (k) Material Incorporated by Reference interfered with the cable clamps. This to as the Mandatory Continuing (1) The Director of the Federal Register AD requires modifying the release Airworthiness Information, or the approved the incorporation by reference system of each cabin lateral sliding plug MCAI), to correct an unsafe condition (IBR) of the service information listed in this door, or modifying the design of the for certain Airbus Helicopters Model paragraph under 5 U.S.C. 552(a) and 1 CFR jettison system of each cabin lateral AS332C, AS332C1, AS332L, and part 51. sliding plug door, as specified in a AS332L1 helicopters. The FAA issued a notice of proposed (2) You must use this service information European Union Aviation Safety Agency as applicable to do the actions required by (EASA) AD, which is incorporated by rulemaking (NPRM) to amend 14 CFR this AD, unless the AD specifies otherwise. reference. The FAA is issuing this AD part 39 by adding an AD that would (i) Pratt & Whitney Alert Service Bulletin to address the unsafe condition on these apply to certain Airbus Helicopters No. PW4G–100–A72–262, Revision No. 1, products. Model AS332C, AS332C1, AS332L, and AS332L1 helicopters. The NPRM dated September 3, 2020. DATES: This AD is effective May 7, 2021. published in the Federal Register on (ii) [Reserved]. The Director of the Federal Register October 7, 2020 (85 FR 63238). The (3) For Pratt & Whitney service information approved the incorporation by reference NPRM was prompted by a report that identified in this AD, contact Pratt & of a certain publication listed in this AD the cabin lateral sliding plug door failed Whitney, 400 Main Street, East Hartford, CT as of May 7, 2021. its emergency jettisoning test; 06118; phone: (800) 565–0140; email: ADDRESSES: For material incorporated [email protected]; website: http:// subsequent investigation revealed that by reference (IBR) in this AD, contact the jettison handle cable interfered with fleetcare.pw.utc.com. the EASA, Konrad-Adenauer-Ufer 3, (4) You may view this service information the cable clamps. The NPRM proposed 50668 Cologne, Germany; telephone +49 to require modifying the release system at FAA, Airworthiness Products Section, 221 8999 000; email ADs@ Operational Safety Branch, 1200 District of each cabin lateral sliding plug door, easa.europa.eu; internet Avenue, Burlington, MA 01803. For or modifying the design of the jettison www.easa.europa.eu. You may find this information on the availability of this system of each cabin lateral sliding plug IBR material on the EASA website at material at the FAA, call (781) 238–7759. door, as specified in EASA AD 2019– https://ad.easa.europa.eu. You may (5) You may view this service information 0064R1, which is incorporated by that is incorporated by reference at the view this IBR material at the FAA, reference. National Archives and Records Office of the Regional Counsel, The FAA is issuing this AD to address Administration (NARA). For information on Southwest Region, 10101 Hillwood this condition, which could lead to the availability of this material at NARA, Pkwy., Room 6N–321, Fort Worth, TX jamming of the door jettisoning email: [email protected], or go to: 76177. For information on the mechanism, preventing the jettisoning https://www.archives.gov/federal-register/cfr/ availability of this material at the FAA, of the affected door in an emergency ibr-locations.html. call 817–222–5110. It is also available in situation, and possibly obstructing the AD docket on the internet at https:// occupant evacuation. See the MCAI for Issued on March 10, 2021. www.regulations.gov by searching for additional background information. Lance T. Gant, and locating Docket No. FAA–2020– Comments Director, Compliance & Airworthiness 0909. Division, Aircraft Certification Service. The FAA gave the public the Examining the AD Docket [FR Doc. 2021–06804 Filed 4–1–21; 8:45 am] opportunity to participate in developing BILLING CODE 4910–13–P You may examine the AD docket on this final rule. The FAA has considered the internet at https:// the comment received. The commenter www.regulations.gov by searching for indicated support for the NPRM.
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Conclusion modifying the release system of each FR 22693, May 20, 2019) (AD 2019–09– The FAA reviewed the relevant data, cabin lateral sliding plug door, or 03) already requires those actions. The considered the comment received, and modifying the design of the jettison FAA has determined that this AD will determined that air safety and the system of each cabin lateral sliding plug only require the modification specified public interest require adopting this door. in EASA AD 2019–0064R1, which final rule as proposed, except for minor This material is reasonably available would then terminate the requirements editorial changes. The FAA has because the interested parties have of AD 2019–09–03. determined that these minor changes: access to it through their normal course • Are consistent with the intent that of business or by the means identified Costs of Compliance in the ADDRESSES section. was proposed in the NPRM for The FAA estimates that this AD addressing the unsafe condition; and Differences Between This AD and the affects 19 helicopters of U.S. registry. • Do not add any additional burden MCAI The FAA estimates the following costs upon the public than was already proposed in the NPRM. EASA AD 2019–0064R1 specifies to comply with this AD: inspections of the jettisoning Related IBR Material Under 1 CFR Part mechanism of the cabin lateral sliding 51 plug doors and corrective actions. This EASA AD 2019–0064R1 describes, AD does not include those actions. AD among other things, procedures for 2019–09–03, Amendment 39–19637 (84
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost Parts cost Cost per product Cost on U.S. operators
Up to 214 work-hours × $85 per hour = Up to $18,190 ...... $ * Up to $18,190 ...... Up to $345,610. * The FAA has received no definitive data that would enable the agency to provide parts cost estimates for the actions specified in this AD.
Authority for This Rulemaking (3) Will not have a significant (c) Applicability Title 49 of the United States Code economic impact, positive or negative, This AD applies to Airbus Helicopters specifies the FAA’s authority to issue on a substantial number of small entities Model AS332C, AS332C1, AS332L, and rules on aviation safety. Subtitle I, under the criteria of the Regulatory AS332L1 helicopters, certificated in any Flexibility Act. category, as identified in European Union section 106, describes the authority of Aviation Safety Agency (EASA) AD 2019– the FAA Administrator. Subtitle VII: List of Subjects in 14 CFR Part 39 0064R1, dated December 19, 2019 (EASA AD Aviation Programs, describes in more 2019–0064R1). detail the scope of the Agency’s Air transportation, Aircraft, Aviation (d) Subject authority. safety, Incorporation by reference, The FAA is issuing this rulemaking Safety. Joint Aircraft System Component (JASC) under the authority described in Code 5200, Doors. Adoption of the Amendment Subtitle VII, Part A, Subpart III, Section (e) Reason 44701: General requirements. Under Accordingly, under the authority This AD was prompted by a report that the that section, Congress charges the FAA delegated to me by the Administrator, cabin lateral sliding plug door failed its with promoting safe flight of civil the FAA amends 14 CFR part 39 as emergency jettisoning test; subsequent aircraft in air commerce by prescribing follows: investigation revealed that the jettison handle regulations for practices, methods, and cable interfered with the cable clamps. The procedures the Administrator finds PART 39—AIRWORTHINESS FAA is issuing this AD to address this necessary for safety in air commerce. DIRECTIVES condition, which could lead to jamming of the door jettisoning mechanism, preventing This regulation is within the scope of the jettisoning of the affected door in an that authority because it addresses an ■ 1. The authority citation for part 39 emergency situation, and possibly unsafe condition that is likely to exist or continues to read as follows: obstructing occupant evacuation. develop on products identified in this Authority: 49 U.S.C. 106(g), 40113, 44701. rulemaking action. (f) Compliance § 39.13 [Amended] Comply with this AD within the Regulatory Findings compliance times specified, unless already This AD will not have federalism ■ 2. The FAA amends § 39.13 by adding done. implications under Executive Order the following new airworthiness (g) Requirements 13132. This AD will not have a directive: Except as specified in paragraph (h) of this substantial direct effect on the States, on 2021–05–15 Airbus Helicopters: AD: Comply with all required actions and the relationship between the national Amendment 39–21458; Docket No. compliance times specified in, and in government and the States, or on the FAA–2020–0909; Project Identifier accordance with, paragraph (3) or (4) of distribution of power and 2019–SW–118–AD. EASA AD 2019–0064R1. responsibilities among the various (a) Effective Date (h) Exceptions to EASA AD 2019–0064R1 levels of government. (1) Where EASA AD 2019–0064R1 refers to For the reasons discussed above, I This airworthiness directive (AD) is effective May 7, 2021. April 10, 2019 (the effective date of EASA certify that this AD: AD 2019–0064, dated March 27, 2019), this (1) Is not a ‘‘significant regulatory (b) Affected ADs AD requires using the effective date of this action’’ under Executive Order 12866, This AD affects AD 2019–09–03, AD. (2) Will not affect intrastate aviation Amendment 39–19637 (84 FR 22693, May 20, (2) The ‘‘Remarks’’ section of EASA AD in Alaska, and 2019) (AD 2019–09–03). 2019–0064R1 does not apply to this AD.
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(3) If the modification specified in information on the availability of this and conduct of enforcement actions, paragraph (4) of EASA AD 2019–0064R1 is material at the FAA, call 817–222–5110. This including administrative enforcement done, it must be done at the compliance time material may be found in the AD docket on proceedings and judicial enforcement specified in paragraph (3) of EASA AD 2019– the internet at https://www.regulations.gov actions brought in Federal court. 0064R1. by searching for and locating Docket No. (4) Although the service information FAA–2020–0909. DATES: Effective on May 3, 2021. referenced in EASA AD 2019–0064R1 (5) You may view this material that is FOR FURTHER INFORMATION CONTACT: Jill specifies to discard or scrap certain parts, incorporated by reference at the National Laptosky, Office of Regulation, Office of this AD does not include that requirement. Archives and Records Administration (5) Where paragraph (3) of EASA AD 2019– (NARA). For information on the availability the General Counsel, 202–493–0308, 0064R1 specifies to do a modification ‘‘in of this material at NARA, email fedreg.legal@ [email protected]. accordance with the instructions of section 3 nara.gov, or go to https://www.archives.gov/ SUPPLEMENTARY INFORMATION: The of the modification ASB’’ this AD excludes federal-register/cfr/ibr-locations.html. Department is issuing this final rule in paragraph 3.B.5. of ‘‘the modification ASB.’’ Issued on February 25, 2021. response to two recently issued (6) Where paragraph (4) of EASA AD 2019– Executive orders. Executive Order (E.O.) 0064R1 refers to ‘‘Eurocopter AS 322 SB No. Gaetano A. Sciortino, 52.00.28,’’ for this AD use ‘‘Eurocopter AS Deputy Director for Strategic Initiatives, 13992, ‘‘Revocation of Certain Executive 332 SB No. 52.00.28.’’ Compliance & Airworthiness Division, Orders Concerning Federal Regulation’’ Aircraft Certification Service. (January 20, 2021), revokes several (i) Terminating Action for AD 2019–09–03 [FR Doc. 2021–06780 Filed 4–1–21; 8:45 am] executive orders that directed action by Accomplishing the actions required by this BILLING CODE 4910–13–P the Federal Government in the context AD terminates all requirements of AD 2019– of rulemaking, guidance, and regulatory 09–03. enforcement. It also directs the Director (j) Alternative Methods of Compliance DEPARTMENT OF TRANSPORTATION of the Office of Management and Budget (AMOCs) and heads of agencies to promptly take (1) The Manager, International Validation Office of the Secretary steps to rescind any orders, rules, Branch, FAA, has the authority to approve regulations, guidelines, or policies, or AMOCs for this AD, if requested using the 14 CFR Parts 302 and 399 portions thereof, implementing or procedures found in 14 CFR 39.19. In enforcing any of the revoked orders, as accordance with 14 CFR 39.19, send your 49 CFR Parts 1, 5, and 7 appropriate and consistent with request to your principal inspector or local applicable law. E.O. 13990, ‘‘Protecting Flight Standards District Office, as Pipeline and Hazardous Materials appropriate. If sending information directly Public Health and the Environment and to the International Validation Branch, send Safety Administration Restoring Science To Tackle the Climate it to the attention of the person identified in Crisis’’ (January 20, 2021), directs all paragraph (k) of this AD. Information may be 49 CFR Part 106 executive departments and agencies to emailed to: [email protected]. review immediately and, as appropriate (2) Before using any approved AMOC, Federal Motor Carrier Safety and consistent with applicable law, take notify your appropriate principal inspector, Administration action to address the promulgation of or lacking a principal inspector, the manager Federal regulations and other actions of the local flight standards district office/ 49 CFR Part 389 certificate holding district office. that conflict with the objectives stated in E.O. 13990. (k) Related Information National Highway Traffic Safety On December 27, 2019, the For more information about this AD, Administration Department published a final rule, contact Kathleen Arrigotti, Aviation Safety ‘‘Administrative Rulemaking, Guidance, Engineer, Large Aircraft Section, 49 CFR Part 553 and Enforcement Procedures’’ (84 FR International Validation Branch, FAA, 2200 71714), that codified at 49 CFR part 5 South 216th St., Des Moines, WA 98198; Federal Transit Administation telephone and fax 206–231–3218; email the Department’s internal procedures [email protected]. relating to the review and clearance of 49 CFR Part 601 rulemaking and guidance documents, as (l) Material Incorporated by Reference RIN 2105–AF00 well as the initiation and conduct of (1) The Director of the Federal Register enforcement actions. In accordance with approved the incorporation by reference Administrative Rulemaking, Guidance, 49 CFR 5.21, ‘‘Policy updates and (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR and Enforcement Procedures revisions,’’ the Department has part 51. reviewed the amendments made to 49 AGENCY: Office of the Secretary of CFR part 5 by that final rule to (2) You must use this service information Transportation (OST), Pipeline and as applicable to do the actions required by determine whether any revisions are this AD, unless this AD specifies otherwise. Hazardous Materials Administration, necessary in light of E.O. 13992 and (i) European Union Aviation Safety Agency Federal Motor Carrier Safety E.O. 13990. Administration, National Highway (EASA) AD 2019–0064R1, dated December Many of the policies and procedures Traffic Safety Administration, and 19, 2019. codified at 49 CFR part 5 were (ii) [Reserved] Federal Transit Administation, U.S. (3) For EASA AD 2019–0064R1, contact the prompted by Executive orders that have Department of Transportation (DOT). 1 EASA, Konrad-Adenauer-Ufer 3, 50668 since been revoked by E.O. 13992. As ACTION: Final rule. Cologne, Germany; telephone +49 221 8999 1 000; email [email protected]; Internet SUMMARY: For purposes of this rulemaking, the relevant This final rule removes the revoked executives orders include the following: www.easa.europa.eu. You may find this Department’s internal policies and EASA AD on the EASA website at https:// E.O. 13771 of January 30, 2017 (Reducing ad.easa.europa.eu. procedures relating to the issuance of Regulation and Controlling Regulatory Costs), E.O. rulemaking and guidance documents 13777 of February 24, 2017 (Enforcing the (4) You may view this service information Regulatory Reform Agenda), E.O. 13891 of October at the FAA, Office of the Regional Counsel, from the Code of Federal Regulations. In 9, 2019 (Promoting the Rule of Law Through Southwest Region, 10101 Hillwood Pkwy., addition, this final rule removes Improved Agency Guidance Documents), and E.O. Room 6N–321, Fort Worth, TX 76177. For regulations concerning the initiation 13892 of October 9, 2019 (Promoting the Rule of
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a result, the Department will rescind public to petition for rulemakings and anticipate that this rulemaking will have those policies and procedures, or exemptions. In addition to rulemakings an economic impact on regulated portions thereof, that implemented or and exemptions, the Department’s entities. This is a rule of agency enforced any of the revoked orders. This procedures, as amended in 2019, procedure and practice that does not final rule removes from 49 CFR part 5 explicitly provided for the public to change the Department’s procedures in those provisions that reflect revoked petition for retrospective reviews of and of itself. This action merely policies and procedures that are no existing rules and the modification or removes duplicative regulations from longer in effect. rescission of guidance documents. the Code of Federal Regulations that With respect to the provisions of 49 While the Department is revising its would be better managed in CFR part 5 that are not directly petition procedures to remove departmental operating procedures. attributable to now-revoked executive references to retrospective reviews and B. Regulatory Flexibility Act orders, the Department has determined guidance document petitions, the to rescind many of the other regulations Department will nevertheless accept Since notice and comment promulgated on December 27, 2019, and process these types of petitions. The rulemaking is not necessary for this concerning rulemaking, guidance revised petition procedures thus define rule, the analytical provisions of the documents, and enforcement actions for ‘‘rule’’ expansively, consistent with the Regulatory Flexibility Act (Pub. L. 96– four primary reasons. First, the APA, to ensure that the Department will 354, 5 U.S.C. 601–612) do not apply. Department has found that a majority of continue to consider a broad range of C. Executive Order 13132 (Federalism) the provisions contained in 49 CFR part requests from the public regarding our 5 not directly attributable to the now- regulatory programs. Executive Order 13132 requires revoked executive orders solely apply to E.O. 13992 also directs agencies to agencies to ensure meaningful and the Department’s internal operations take prompt action to rescind any rules timely input by State and local officials and thus need not be codified in the or regulations, or portions thereof, in the development of regulatory Code of Federal Regulations. Second, implementing revoked Executive orders, policies that may have a substantial, the regulations found in 49 CFR part 5 as appropriate and consistent with direct effect on the States, on the are duplicative of existing procedures applicable law, that threaten to frustrate relationship between the National contained in internal departmental the Federal Government’s ability to Government and the States, or on the 2 procedural directives. Because these confront urgent challenges facing the distribution of power and procedures are already contained in Nation, including the coronavirus responsibilities among the various existing internal procedures, it is not disease 2019 pandemic, economic levels of government. This action has necessary that they also be published in recovery, racial justice, and climate been analyzed in accordance with the the Code of Federal Regulations in order change. The Department is reviewing its principles and criteria contained in for them to be effective. Third, with internal procedures (e.g., DOT Order Executive Order 13132 (August 4, 1999), regard to the regulations on enforcement 2100.6) and will revise them and DOT has determined that this matters, many of these provisions are accordingly. As a result, departmental action will not have a substantial direct derived from the Administrative internal procedures will be updated to effect or federalism implications on the Procedure Act (APA) and significant reflect the call of E.O. 13992 to revoke States and would not preempt any State judicial decisions and thus need not be those procedures that reflect outdated law or regulation or affect the States’ adopted by regulation in order to be policy that could hamstring the ability to discharge traditional State effective. Application of the APA and Department’s ability to respond quickly governmental functions. Therefore, these decisions to enforcement matters and effectively to the challenges facing consultation with the States is not can be accomplished by internal our Nation. necessary. directives as the Department deems This final rule also makes a number necessary and appropriate. Therefore, D. Executive Order 13175 (Tribal of conforming edits to the regulations of Consultation) 49 CFR part 5, subpart D—Enforcement its subcomponent operating Procedures is rescinded in its entirety. This final rule has been analyzed in administrations to ensure that they are Fourth, removing these provisions from accordance with the principles and updated properly to reflect the repeal of 49 CFR part 5 ensures that the criteria contained in Executive Order certain provisions of 49 CFR part 5. Department is able to effectively and 13175, ‘‘Consultation and Coordination efficiently promulgate new Federal Administrative Procedure Act with Indian Tribal Governments.’’ regulations and other actions to support Under the Administrative Procedure Because this rulemaking does not the objectives stated in E.O. 13990. Act, the normal notice and comment significantly or uniquely affect the The Code of Federal Regulations will procedures do not apply to an action communities of the Indian tribal continue to include those provisions that is a rule of agency organization, governments or impose substantial that impact the public’s ability to procedure, or practice. See 5 U.S.C. direct compliance costs on them, the interact with the Department on 553(b)(A). Since this final rule revises funding and consultation requirements rulemaking matters and activities. For only internal processes applicable to the of Executive Order 13175 do not apply. example, the Department will maintain Department’s administrative in 49 CFR part 5 procedures for the E. Paperwork Reduction Act procedures, this is a rule of agency The Paperwork Reduction Act of 1995 procedure for which notice and Law Through Transparency and Fairness in Civil (PRA) (44 U.S.C. 3501 et seq.) requires Administrative Enforcement and Adjudication). comment are not required. that DOT consider the impact of 2 See, e.g., U.S. Department of Transportation, paperwork and other information DOT Order 2100.6, ‘‘Policies and Procedures for Rulemaking Analyses and Notices collection burdens imposed on the Rulemakings,’’ available at https:// A. E.O. 12866 and DOT Regulatory www.transportation.gov/regulations/2018-dot- public and, under the provisions of PRA rulemaking-order. Note that, consistent with the Policies and Procedures section 3507(d), obtain approval from authorities described in this final rule, DOT is also This rulemaking is not a significant the Office of Management and Budget reviewing the procedures and policies contained in this order to determine what revisions are regulatory action under Executive Order (OMB) for each collection of necessary. 12866. The Department does not information it conducts, sponsors, or
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requires through regulations. The DOT 49 CFR Part 106 Title 49—Transportation has determined there are no new Administrative practice and PART 1—ORGANIZATION AND information collection requirements procedure, Hazardous materials associated with this final rule. DELEGATION OF POWERS AND transportation. DUTIES F. National Environmental Policy Act 49 CFR Part 389 The agency has analyzed the ■ 6. The authority citation for part 1 Administrative practice and environmental impacts of this action continues to read as follows: procedure, Highway safety, Motor pursuant to the National Environmental Authority: 49 U.S.C. 322. carriers, Motor vehicle safety. Policy Act of 1969 (NEPA) (42 U.S.C. ■ 7. Amend § 1.27 by revising paragraph 4321 et seq.) and has determined that it 49 CFR Part 553 (e) to read as follows: is categorically excluded pursuant to Administrative practice and DOT Order 5610.1C, ‘‘Procedures for § 1.27 Delegations to the General Counsel. procedure, Motor vehicle safety. Considering Environmental Impacts’’ * * * * * (44 FR 56420, October 1, 1979). 49 CFR Part 601 (e) Respond to petitions for Categorical exclusions are actions Authority delegations (Government rulemaking or petitions for exemptions identified in an agency’s NEPA agencies), Freedom of information, in accordance with 49 CFR 5.3, and implementing procedures that do not Organization and functions notify petitioners of decisions in normally have a significant impact on (Government agencies). accordance with 49 CFR 5.3(d)(5). the environment and therefore do not In consideration of the foregoing, the * * * * * require either an environmental ■ 8. Revise part 5 to read as follows: assessment (EA) or environmental Office of the Secretary of Transportation amends 14 CFR parts 302 and 399, and impact statement (EIS). The purpose of PART 5—ADMINISTRATIVE 49 CFR parts 1, 5, 7, 106, 389, 553, and this rulemaking is to update the PROCEDURES Department’s administrative procedures 601, as follows: for rulemaking, guidance documents, Title 14—Aeronautics and Space Subpart A—GENERAL and enforcement actions. The agency Sec. 5.1 Applicability. PART 302—RULES OF PRACTICE IN does not anticipate any environmental Subpart B—Rulemaking Procedures impacts, and there are no extraordinary PROCEEDINGS circumstances present in connection 5.3 Petitions. 5.5 Public contacts in informal rulemaking. with this rulemaking. ■ 1. The authority citation for part 302 continues to read as follows: 5.7 Policy updates and revisions. Regulation Identifier Number 5.9 Disclaimer. Authority: 39 U.S.C. 5402; 42 U.S.C. 4321, A regulation identifier number (RIN) 49 U.S.C. Subtitle I and Chapters 401, 411, Authority: 49 U.S.C. 322(a). is assigned to each regulatory action 413, 415, 417, 419, 461, 463, and 471. listed in the Unified Agenda of Federal Subpart A—General ■ 2. Revise § 302.16 to read as follows: Regulations. The Regulatory Information § 5.1 Applicability. Service Center publishes the Unified § 302.16 Petitions for rulemaking. (a) This part prescribes general Agenda in the spring and fall of each Any interested person may petition procedures that apply to rulemakings of year. The RIN contained in the heading the Department for the issuance, the U.S. Department of Transportation of this document can be used to cross amendment, modification, or repeal of (the Department or DOT), including reference this action with the Unified any regulation or guidance document, each of its operating administrations Agenda. subject to the provisions of 49 CFR 5.3. (OAs) and all components of the Office List of Subjects of Secretary of Transportation (OST). PART 399—STATEMENTS OF (b) For purposes of this part, 14 CFR Part 302 GENERAL POLICY Administrative Procedure Act (APA) is Administrative practice and the Federal statute, codified in scattered ■ procedure, Air carriers, Airports, Postal 3. The authority citation for part 399 sections of chapters 5 and 7 of title 5, Service. continues to read as follows: United States Code, that governs Authority: 49 U.S.C. 41712, 40113(a). procedures for agency rulemaking and 14 CFR Part 399 ■ 4. Amend § 399.75 by revising adjudication and provides for judicial Administrative practice and paragraph (b) introductory text to read review of final agency actions. procedure, Air carriers, Air rates and as follows: fares, Air taxis, Consumer protection, Subpart B—Rulemaking Procedures Law enforcement, Policies, Rulemaking § 399.75 Rulemakings relating to unfair § 5.3 Petitions. procedures, Small businesses. and deceptive practices. (a) Any person may petition an OA or 49 CFR Part 1 * * * * * OST component with rulemaking (b) Procedural requirements. When Authority delegations (Government authority to: issuing a proposed regulation under (1) Issue, amend, or repeal a rule, as agencies), Organization and functions paragraph (a) of this section, unless the (Government agencies). defined in 5 U.S.C. 551; or regulation is specifically required by (2) Issue an exemption, either 49 CFR Part 5 statute, the Department shall adhere to permanently or temporarily, from any Administrative practice and the following procedural requirements: requirements of a rule, consistent with procedure. * * * * * applicable statutory or regulatory provisions. 49 CFR Part 7 § 399.79 [Amended] (b) When an OA or OST component Freedom of information, Reporting ■ 5. Amend § 399.79 by removing the receives a petition under this section, and recordkeeping requirements. first sentence of paragraph (e)(1). the petition should be filed with the
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Docket Clerk in a timely manner. If a OST denies the petition in coordination supplemental NPRM to ensure that the petition is filed directly with the Docket with the Office of Regulation. final rule represents a logical outgrowth Clerk, the Docket Clerk will submit the (5) Notification. Whenever the OA or of DOT’s proposal. petition in a timely manner to the OA OST component determines that a (b) [Reserved] or component of OST with regulatory petition should be granted or denied, responsibility over the matter described and after consultation with the Office of § 5.7 Policy updates and revisions. in the petition. Regulation in the case of denial, the This subpart shall be reviewed from (c) The OA or component of OST office concerned prepares a notice of time to time to reflect improvements in should provide clear instructions on its that grant or denial for issuance to the the rulemaking process or changes in website to members of the public petitioner, and issues it to the Administration policy. regarding how to submit petitions, petitioner. § 5.9 Disclaimer. including, but not limited to, an email address or Web portal where petitions § 5.5 Public contacts in informal This subpart is intended to improve rulemaking. can be submitted, a mailing address the internal management of the where hard copy requests can be (a) Agency contacts with the public Department. It is not intended to, and submitted, and an office responsible for during informal rulemakings conducted does not, create any right or benefit, coordinating such requests. in accordance with 5 U.S.C. 553. (1) substantive or procedural, enforceable at (d) Unless otherwise provided by DOT personnel may have meetings or law or in equity by any party against the statute or in OA regulations or other contacts with interested members United States, its agencies or other procedures, the following procedures of the public concerning an informal entities, officers or employees, or any apply to the processing of petitions for rulemaking under 5 U.S.C. 553 or other person. In addition, this subpart rulemaking or exemption: similar procedures at any stage of the shall not be construed to create any (1) Contents. Each petition filed under rulemaking process, provided the right to judicial review involving the this section must: substance of material information compliance or noncompliance with this (i) Be submitted, either by paper submitted by the public that DOT relies subpart by the Department, its OAs or submission to the U.S. Department of on in proposing or finalizing the rule is OST components, its officers or Transportation, Docket Operations, adequately disclosed and described in employees, or any other person. West Building Ground Floor, Room the public rulemaking docket such that W12–140, 1200 New Jersey Avenue SE, all interested parties have notice of the PART 7—PUBLIC AVAILABILITY OF Washington, DC 20590, or electronically information and an opportunity to INFORMATION by emailing: regulationC50.law@ comment on its accuracy and relevance. ■ dot.gov; (2) During the pendency of a 9. The authority citation for part 7 (ii) Describe the nature of the request rulemaking proceeding, DOT personnel continues to read as follows: and set forth the text or substance of the must avoid giving persons outside the Authority: 5 U.S.C. 552; 31 U.S.C. 9701; 49 rule, or specify the rule that the executive branch information regarding U.S.C. 322; E.O. 12600; E.O. 13392. petitioner seeks to have issued, the rulemaking that is not available ■ generally to the public. 10. Amend § 7.12 by revising amended, exempted, or repealed, as the paragraph (a)(2) to read as follows: case may be; (3) If DOT receives an unusually large (iii) Explain the interest of the number of requests for meetings with § 7.12 What records are available in petitioner in the action requested, interested members of the public during reading rooms, and how are they including, in the case of a petition for the comment period for a proposed rule accessed? an exemption, the nature and extent of or after the close of the comment period, (a) * * * the relief sought and a description of the the issuing OA or component of OST (2) Statements of policy and persons to be covered by the exemption; should consider whether there is a need interpretations that have been adopted (iv) Contain any information and to extend or reopen the comment by DOT; period, to allow for submission of a arguments available to the petitioner to * * * * * support the action sought; and second round of ‘‘reply comments,’’ or (v) In the case of a petition for to hold a public meeting on the PART 106—RULEMAKING exemption, unless good cause is shown proposed rule. PROCEDURES in that petition, be submitted at least 60 (4) If the issuing OA or OST days before the proposed effective date component meets with interested ■ 11. The authority citation for part 106 of the exemption, as appropriate. persons on the rulemaking after the continues to read as follows: (2) Processing. Each petition received close of the comment period, it should be open to giving other interested Authority: 49 U.S.C. 5101–5128; 49 CFR under this section is referred to the head 1.81 and 1.97. of the office responsible for the subject persons a similar opportunity to meet. matter of that petition, and the Office of (5) If DOT learns of significant new ■ 12. Amend § 106.40 by revising Regulation. information, such as new studies or paragraph (d)(1) to read as follows: (3) Grants. If the OA or component of data, after the close of the comment § 106.40 Direct final rule. OST with regulatory responsibility over period that the issuing OA or OST the matter described in the petition component wishes to rely upon in * * * * * determines that the petition contains finalizing the rule, the OA or OST (d) * * * adequate justification, it may request the component should reopen the comment (1) If we receive an adverse comment, initiation of a rulemaking action in period to give the public an opportunity we will either publish a document accordance with departmental to comment on the new information. If withdrawing the direct final rule before procedures or grant the petition, as the new information is likely to result it becomes effective and may issue an appropriate. in a change to the rule that is not within NPRM, or proceed by any other means (4) Denials. If the OA or component the scope of the notice of proposed permitted under the Administrative of OST determines that the petition is rulemaking (NPRM), the OA or OST Procedure Act. not justified, the OA or component of component should consider issuing a * * * * *
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PART 389—RULEMAKING § 601.36 Procedures for direct final ADDRESSES: You can submit comments, PROCEDURES—FEDERAL MOTOR rulemaking. identified by Docket No. CPSC–2015– CARRIER SAFETY REGULATIONS * * * * * 0031, by any of the following methods: (d) If FTA receives any written Electronic Submissions: Submit ■ 13. The authority citation for part 389 adverse comment within the specified electronic comments to the Federal continues to read as follows: time of publication in the Federal eRulemaking Portal at: https:// Authority: 49 U.S.C. 113, 501 et seq., Register, FTA will either publish a www.regulations.gov. Follow the subchapters I and III of chapter 311, chapter document withdrawing the direct final instructions for submitting comments. 313, and 31502; sec. 5204 of Pub. L. 114–94, rule before it becomes effective and may CPSC typically does not accept 129 Stat. 1312, 1536; 42 U.S.C. 4917; and 49 issue an NPRM, or proceed by any other comments submitted by electronic mail CFR 1.87. means permitted under the (email), except through https:// www.regulations.gov. CPSC encourages § 389.13 [Amended] Administrative Procedure Act. * * * * * you to submit electronic comments by ■ 14. Amend § 389.13 by removing the using the Federal eRulemaking Portal, first sentence of paragraph (a). Signed in Washington, DC, on March 24, as described above. 2021. ■ 15. Amend § 389.39 by revising Mail/hand delivery/courier Written Peter Paul Montgomery Buttigieg, paragraph (d)(1) to read as follows: Submissions: Submit comments by Secretary. mail/hand delivery/courier to: Division § 389.39 Direct final rulemaking [FR Doc. 2021–06416 Filed 4–1–21; 8:45 am] of the Secretariat, Consumer Product procedures. BILLING CODE 4910–9X–P Safety Commission, Room 820, 4330 * * * * * East West Highway, Bethesda, MD (d) * * * 20814; telephone: (301) 504–7479. Alternatively, as a temporary option (1) If FMCSA receives an adverse CONSUMER PRODUCT SAFETY during the COVID–19 pandemic, you comment within the comment period, it COMMISSION will either publish a document can email such submissions to: cpsc-os@ withdrawing the direct final rule before 16 CFR Part 1231 cpsc.gov. it becomes effective and may issue an Instructions: All submissions must NPRM, or proceed by any other means [Docket No. CPSC–2015–0031] include the agency name and docket permitted under the Administrative number for this document. CPSC may Procedure Act. Safety Standard for High Chairs post all comments without change, including any personal identifiers, * * * * * AGENCY: Consumer Product Safety contact information, or other personal Commission. PART 553—RULEMAKING information provided, to: https:// ACTION: Direct final rule. PROCEDURES www.regulations.gov. Do not submit electronically: Confidential business SUMMARY: In June 2018, the U.S. ■ 16. The authority citation for part 553 Consumer Product Safety Commission information, trade secret information, or continues to read as follows: (CPSC) published a consumer product other sensitive or protected information Authority: 49 U.S.C. 322, 30103, 30122, safety standard for high chairs under that you do not want to be available to 30124, 30125, 30127, 30146, 30162, 32303, section 104 of the Consumer Product the public. If you wish to submit such 32502, 32504, 32505, 32705, 32901, 32902, Safety Improvement Act of 2008 information, please submit it according 33102, 33103, and 33107; delegation of (CPSIA). The standard incorporated by to the instructions for mail/hand authority at 49 CFR 1.95. reference the ASTM voluntary standard delivery/courier written submissions. Docket: For access to the docket to ■ 17. Amend § 553.14 by revising that was in effect for high chairs at the read background documents or paragraphs (d) to read as follows: time. The CPSIA sets forth a process for comments received, go to: https:// updating mandatory standards for § 553.14 Direct final rulemaking. www.regulations.gov, and insert the durable infant or toddler products that docket number, CPSC–2015–0031, into * * * * * are based on a voluntary standard, when the ‘‘Search’’ box, and follow the (d) If NHTSA receives any written a voluntary standards organization prompts. adverse comment within the specified revises the standard. In December 2020, time after publication of the direct final ASTM published a revised voluntary FOR FURTHER INFORMATION CONTACT: rule in the Federal Register, the agency standard for high chairs, and it notified Keysha Walker, Compliance Officer, will either publish a document the Commission of this revised standard U.S. Consumer Product Safety withdrawing the direct final rule before in January 2021. This direct final rule Commission, 4330 East West Highway, it becomes effective and may issue an updates the mandatory standard for Bethesda, MD 20814; telephone (301) NPRM, or proceed by any other means high chairs to incorporate by reference 504–6820; email: [email protected]. permitted under the Administrative ASTM’s 2020 version of the voluntary SUPPLEMENTARY INFORMATION: Procedure Act. standard for high chairs. I. Background * * * * * DATES: The rule is effective on July 3, 2021, unless CPSC receives a significant A. Statutory Authority PART 601—ORGANIZATION, adverse comment by May 3, 2021. If Section 104(b)(1) of the CPSIA FUNCTIONS, AND PROCEDURES CPSC receives such a comment, it will requires the Commission to assess the ■ 18. The authority citation for part 601 publish notification in the Federal effectiveness of voluntary standards for continues to read as follows: Register, withdrawing this direct final durable infant or toddler products and rule before its effective date. The adopt mandatory standards for these Authority: 5 U.S.C. 552; 49 U.S.C. 5334; 49 incorporation by reference of the products. 15 U.S.C. 2056a(b)(1). The CFR 1.91. publication listed in this rule is mandatory standard must be ■ 19. Amend § 601.36 by revising approved by the Director of the Federal ‘‘substantially the same as’’ the paragraph (d) to read as follows: Register as of July 3, 2021. voluntary standard, or it may be ‘‘more
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stringent than’’ the voluntary standard, subsection 6.5.1 was a substantive voluntary standard for high chairs, if the Commission determines that more change to ASTM F404–18 that did not approving ASTM F404–20 on October 1, stringent requirements would further improve the safety of high chairs. 2020.2 As this preamble discusses, reduce the risk of injury associated with In the June 5, 2019 staff briefing based on CPSC staff’s review of ASTM the product. Id. memorandum, staff explained that the F404–20,3 the Commission will allow Section 104(b)(4)(B) of the CPSIA stability requirements in ASTM F404– the revised voluntary standard to specifies the process for when a 18 address stability as the child become the mandatory standard because voluntary standards organization revises occupant moves within and about the the revised requirements in the a standard that the Commission chair, and from external forces on the voluntary standard either improve the incorporated by reference under section chair, such as sibling or caregiver safety of high chairs, or are safety 104(b)(1). First, the voluntary standards interactions. ASTM developed these neutral. Accordingly, by operation of organization must notify the stability requirements because high law under section 104(b)(4)(B) of the Commission of the revision. Once the chairs are intended for use by mobile CPSIA, ASTM F404–20 will become the Commission receives this notification, children, up to 3 years of age. ASTM’s mandatory consumer product safety the Commission may reject or accept the rationale for exempting reclined seat standard for high chairs on July 3, revised standard. The Commission may high chairs from stability requirements 2021.4 15 U.S.C. 2056a(b)(4)(B). This reject the revised standard by notifying was that the test methods in ASTM direct final rule updates 16 CFR part the voluntary standards organization F404–18 could not be conducted on 1231 to incorporate by reference the that it has determined that the revised these products, as required in the revised voluntary standard, ASTM standard does not improve the safety of standard. Staff’s briefing memorandum F404–20. the consumer product and that it is stated that ASTM’s assertion that II. Description of ASTM F404–20 retaining the existing standard. When stability testing could not be done on rejecting a revision, the Commission reclined seat high chairs was inaccurate, The ASTM standard for high chairs must notify the voluntary standards because staff was able to test such includes performance requirements, test organization of this determination products under the standard’s existing methods, and requirements for warning within 90 days of receiving notice of the stability requirements. labels and instructional literature, to revision. If the Commission does not Staff’s briefing memorandum also address hazards to infants and children take this action to reject the revised expressed concern that exempting high associated with high chairs. ASTM has standard, the revised voluntary standard chairs and high chair accessories revised the voluntary standard for high will be considered a consumer product intended for children who are unable to chairs twice since ASTM F404–18, safety standard issued under section 9 sit upright unassisted (birth to which is the current mandatory of the Consumer Product Safety Act (15 approximately 6 months of age) from standard. Section I.B of this preamble U.S.C. 2058), effective 180 days after the stability requirements was not explains that the Commission Commission received notification of the consistent with other product standards previously rejected a revised high chair revision (or a later date specified by the that are intended for the same age voluntary standard, ASTM F404–18a, in Commission in the Federal Register). 15 group, such as bouncers and bassinets, 2019, because the standard exempted U.S.C. 2056a(b)(4)(B). which also are intended for young reclined seat high chair products from B. Safety Standard for High Chairs infants, but are tested to stability stability testing. The latest revision, requirements to prevent tipovers. ASTM F404–20, now includes stability In June 2018, under section 104(b)(1) testing for these products, developed in of the CPSIA, the Commission adopted Tipover requirements in the bouncers and bassinets standards (16 CFR parts conjunction with CPSC staff. a mandatory rule for high chairs, Accordingly, the Commission will allow codified in 16 CFR part 1231. The rule 1229 and 1218, respectively) are intended to address tipovers caused by ASTM F404–20 to become the incorporated by reference ASTM F404– mandatory standard, and is updating 16 18, Standard Consumer Safety the infant user moving within the product (bouncers), as well as external CFR part 1231 to reference this most Specification for High Chairs, without recent updated voluntary standard. modification. 83 FR 28358 (June 19, forces (bassinets), such as sibling or caregiver interactions with the product. This section describes the changes in 2018). At the time the Commission ASTM F404–20 compared to ASTM published the final rule, ASTM F404–18 Moreover, staff’s review of high chair was the current version of the voluntary incident data showed that tipover incidents resulting from occupant 2 ASTM published ASTM F404–20 in December standard. 2020. Until the standard becomes effective on July On April 3, 2019, ASTM notified movement within the high chair, or 3, 2021, a read-only copy of ASTM’s standard is CPSC that it had issued a revised from external forces, such as a sibling or available at: https://www.astm.org/CPSC.htm. After standard for high chairs, ASTM F404– caregiver acting on the high chair, do the effective date of the revised part 1231, ASTM occur with children 6 months and F404–20 becomes the mandatory standard for high 18a, which added a new subsection chairs, and it will be available, to read only, at: 6.5.1 to exempt high chairs intended for younger. https://www.astm.org/READINGLIBRARY/. infants who are unable to sit upright Based on staff’s recommendation, the 3 CPSC staff’s briefing memorandum regarding unassisted (birth to approximately 6 Commission voted not to adopt the ASTM F404–20 is available at: https:// revised voluntary standard and www.cpsc.gov/s3fs-public/ASTMs-Revised-Safety- months of age) or weigh 20 lbs or less _ _ maintained the mandatory standard Standard-for-High-Chairs.pdf? dFed3 (reclined seat high chairs) from sections 8cTsV0J0TTVXk4oCRCWUGxsPx. 1 6.5.2. Forward and Sideways Stability, based on ASTM F404–18. Staff notified 4 The statute provides that if the Commission 6.5.3. Rearward Stability, and 6.5.4 ASTM of the Commission’s decision to does not take action to reject a revised standard, the Stability with Child Climbing into Chair. retain ASTM F404–18 on June 19, 2019. revised voluntary standard will be considered a On January 4, 2021, ASTM notified consumer product safety standard issued under In accordance with the procedures set section 9 of the Consumer Product Safety Act (15 out in section 104(b)(4)(B) of the CPSIA, CPSC that it had again revised the U.S.C. 2058), effective 180 days after the staff reviewed the revised standard to Commission received notification of the revision (or 1 https://www.cpsc.gov/s3fs-public/Update%20to a later date specified by the Commission in the determine whether ASTM F404–18a %20Voluntary%20Standard%20for%20High Federal Register). 15 U.S.C. 2056a(b)(4)(B). In this improved the safety of high chairs. Staff %20Chairs.pdf?5nvjyCgQrNh.pQhwmCtd85a case, 180 days from the January 4, 2021 notice date concluded that the addition of QJjc2mohX. is July 3, 2021.
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F404–18. On October 1, 2020, ASTM manufacturer’s recommended use high chair products. The task group approved a revised version of the positions for use with children who are decided to explore the idea of using the standard, ASTM F404–20. In unable to sit upright unassisted (birth to stability test from the bassinet and accordance with CPSIA section approximately 6 months of age) or cradle standard to develop stability 104(b)(4)(B), ASTM notified CPSC of weigh 20 lb (9.1 kg) or less, when requirements for reclined seat high chair this revision on January 4, 2021. ASTM adjusted into the most onerous products because this test addresses the F404–20 includes several substantive manufacturer’s recommended use and/ tip over hazard that was most changes, several revisions to clarify or adjustment position for each concerning to both ASTM and CPSC existing requirements, and editorial direction to be tested’’ (hereinafter staff: The interaction of a sibling or revisions that do not alter substantive referred to as reclined seat high chairs). caregiver pulling on the reclined seat requirements in the standard or affect Primarily, ASTM F404–20 provides new product. The task group presented the safety. performance requirements and idea of developing a test for reclined associated test methods to test the A. Substantive Revisions seat high chairs that is similar to the stability of reclined seat high chairs. bassinet stability testing at the ASTM ASTM F404–20 contains substantive subcommittee teleconference on April 4, revisions from the current mandatory 1. Performance Requirements 2019. This idea ultimately was the basis standard to distinguish performance CPSC staff worked closely with ASTM of the new stability requirements for requirements and test methods for two to help develop new stability testing types of high chairs: (1) ‘‘[h]igh chairs requirements for reclined seat high chair reclined seat products in ASTM F404– and high chair accessories that have products. In November 2018, CPSC staff 20. adjustment positions that, per the tested six reclined seat high chair Substantively, ASTM F404–20 manufacturer’s instructions, are products to proposed stability improves the safety of high chairs recommended for use only for children requirements from a manufacturer who because it adds a new stability able to sit upright unassisted expressed concerns about the ability to requirement and test method for (approximately 6 months of age) or test reclined seat high chairs. In March reclined seat high chairs. Table 1 below weighing more than 20 lb (9.1 kg)’’ 2019, CPSC staff hosted an ASTM summarizes the differences between (hereinafter referred to as upright seat reclined seat high chair task group ASTM–F404–18 and ASTM F404–20 high chairs) and (2) ‘‘[h]igh chairs and meeting at CPSC’s laboratory in with regard to stability testing in section high chair accessories that have Rockville, Maryland, where staff 6.5 of ASTM F404 (changes are adjustment positions that are demonstrated testing on reclined seat highlighted in bold).
TABLE 1—STABILITY PERFORMANCE REQUIREMENTS: COMPARISON OF F404–18 TO F404–20
Section F404–18 F404–20
6.5 ...... Stability ...... Stability 6.5.1 ...... Forward and Sideways Stability—A high High chairs and high chair accessories that have adjustment positions that, per chair shall not tip over when setup as the manufacturer’s instructions, are recommended for use only for children defined in 7.7.2.1–7.7.2.3, and then able to sit upright unassisted (approximately 6 months of age) or weighing when forces are applied in accord- more than 20 lb (9.1 kg) shall comply with 6.5.1.1 to 6.5.1.3. in all those manu- ance with 7.7.2.4 and 7.7.2.5. facturer’s recommended use and adjustment positions. 6.5.1.1 ...... Forward and Sideways Stability—A high chair shall not tip over when setup as defined in 7.7.2.1–7.7.2.3, and then when forces are applied in accordance with 7.7.2.4 and 7.7.2.5. 6.5.1.2 ...... Rearward Stability—When setup as defined in 7.7.2.1– 7.7.2.3, and then tested in accordance with 7.7.2.6, the high chair shall have a Rearward Stability Index of 50 or more. 6.5.1.3 ...... Stability with Child Climbing into Chair—A high chair shall not tip over when test- ed in accordance with 7.7.4. 6.5.2 ...... Rearward Stability—When setup as de- High chairs and high chair accessories that have adjustment positions that are fined in 7.7.2.1– 7.7.2.3, and then manufacturer’s recommended use positions for use with children who are un- tested in accordance with 7.7.2.6, the able to sit upright unassisted (birth to approximately 6 months of age) or weigh high chair shall have a Rearward Sta- 20 lb (9.1 kg) or less, when adjusted into the most onerous manufacturer’s rec- bility Index of 50 or more. ommended use and/or adjustment position for each direction to be tested, shall not tip over and shall retain the CAMI dummy when tested in accordance with 7.7.3, in the forward, rearward, and sideways directions. 6.5.3 ...... Stability with Child Climbing into Chair— A high chair shall not tip over when tested in accordance with 7.7.3.
2. Stability Test Methods years old, the test places a total of 40- child occupant would exert on the high lb weights (two 20-lb weights), to chair by moving within the seat of the ASTM F404–18 requires testing a high simulate the weight of a 95th percentile product. chair for stability in the forward, 36-month-old, on the seat of the high For reclined seat high chairs, the rearward, and sideways directions, chair to simulate a child in the seat, ASTM subcommittee concluded that requiring that the chair not tip over as which acts as a counter-balance when this stability testing developed for the child occupant, up to 3 years of age, horizontal forces are applied in the upright seat high chairs was inadequate, moves within the chair. Because this forward, rearward and sideways because the child’s counter-balance load test was intended for upright seat high directions. The forces applied are is different, based on the intended chairs designed for children up to 3 designed to simulate the forces that the weight range for reclined seat products.
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Stability testing for upright seat high designed to test siblings interacting with static loads without causing any chairs uses a 40-lb counter-balance the product. Section 7.4 of ASTM F404– hazardous conditions, such as weight, because the weight range is for 20 uses the CAMI Newborn Dummy as collapsing or breaking. children weighing more than 20 lbs. the counter-balance weight in the ASTM F404–20 splits into two parts This 40-lb counter-balance weight reclined seat high chair to simulate section 7.6.1 Seat Static Load Test to would not effectively test the stability of external forces that may tip the product separate the test method intended for reclined seat high chair products that over, such as a sibling pulling down on upright seat high chairs in section are intended for lower-weight infants the edge of the product. This test 7.6.1.1, from a new test method from birth (∼7 lb) to 20 lbs, because a employs a dual application of horizontal intended for reclined seat high chairs in 40-lb counter-balance weight would and vertical forces to simulate section 7.6.1.2. Separating test make the reclined seat high chair application of an angled load; the requirements by product type allows for product more stable than a 20-lb combination of the weights and forces static load testing requirements based counter-balance weight. A 20 lb in the testing simulate the mean on the weight of the child the seat was counter-balance weight is a more strength of a 2-year-old pulling on the intended to hold. Accordingly, section stringent weight to test stability for high product. 7.6.1.2 of ASTM F404–20, for reclined chairs intended for lower weight Following is a description of each seat high chairs, uses half the test children. Moreover, the seat recline new stability test method for reclined weight compared to section 7.6.1.1, for affects both the seat back and the seat seat high chair products: upright seat high chairs, to test for bottom, causing the center of mass to be • 7.7.3.4 Forward Stability, requires collapse (50 lbs applied over 60 distributed differently than with an that a 23-lb weight be hung onto the seconds, compared to 100 lbs applied upright seat high chair. Weight forward-most edge of the high chair seat over 60 seconds in section 7.6.1.1). distribution in reclined seat high chairs or tray. The high chair must not tip over The rationale for the 100-lb load for is more towards the seat back, whereas while this load is maintained, and then the upright seat high chair static load weight distribution in upright seat high a horizontal force of 5 lb is applied test is that it represents 2.5 times that of chairs is more towards the seat bottom. outward from the center of the seat, at the maximum occupant’s weight of 40 Finally, due to the inclined seat design, the same location as the 23-lb weight. lbs. The test weight for reclined seat test engineers had difficulty placing the • 7.7.3.5 Rearward Stability, high chairs in section 7.6.1.2 follows 40 lb test weight in the seat to conduct requires that a 23-lb weight be hung this same rationale, using a 50-lb load stability testing. onto the rearmost edge of the seat. The Because of these design differences, weight, which is 2.5 times the high chair must not tip over while this maximum occupant’s weight of 20 lbs. ASTM developed a new testing load is maintained, and then a methodology for reclined seat high Lowering the static load test weight for horizontal force of 5 lb is applied products intended for lower-weight chairs, in collaboration with CPSC staff. outward from the center of the seat, at After evaluating several test methods, occupants provides the same level of the same location as the 23-lb weight. safety for both upright and reclined seat the task group decided that the stability • 7.7.3.6 Sideways Stability, testing from the bassinet standard was high chairs, because the respective requires that a 23-lb weight be hung weights represent the maximum most appropriate to test reclined seat onto the outermost point of the frame on high chairs. Instead of using a weight to intended occupant weights for each the side being tested. The high chair product type. Accordingly, because both simulate a child as a counter-balance in must not tip over while this load is the seat, the new stability test uses a types of high chairs in section 7.6.1 use maintained and then a horizontal force the same weight ratio to test the static CAMI Newborn Dummy (7.5 lb). The of 5 lb is applied from the center of the anthropomorphic CAMI Newborn load, this change is neutral to the safety seat, at the location as the 23-lb weight. of high chairs. Dummy better fits the reclined seat, and The Commission concludes that new the weight is better distributed within stability performance and test methods b. Step/Footrest the high chair than with the barbell type for reclined seat high chairs improve the The current mandatory standard, weights used to test upright seat high safety of high chairs, because these tests chairs. Also, the test engineer can more ASTM F404–18, requires that a step or are designed to address tipover hazards footrest shall support static loads easily locate the points on the reclined associated with infant users moving seat high chair to place the loads around without causing any hazardous within the product and external forces the chair. Using the CAMI Newborn conditions, such as collapsing and like a sibling or caregiver interacting Dummy instead of weights resulted in breaking. This step/footrest static load with the product. Additionally, use of more repeatable and consistent test test is designed to test that the step/foot the 7.5-lb CAMI Newborn Dummy results. rest of the high chair will not collapse Given that reclined seat high chairs provides a more stringent test for the under the weight of the child climbing are designed for infants in a lower age/ tipover hazard. The test is more into the high chair. Section 7.6.2 Step/ weight range (birth to 20 lbs), who have stringent because a lighter weight Footrest Static Load Test of ASTM limited moving capabilities, these provides less of a counter-balance in F404–20 has a new section, 7.6.2.1, infants are unlikely to create instability assessing external forces acting on the which exempts high chairs intended for issues by themselves. Instead, instability reclined seat high chair products than children weighing less than 20 lbs from for reclined seat high chair products the heavier 40-lb weight used to test the step/footrest static load testing would likely come from external upright seat high chairs intended for requirement, because infants who weigh sources (e.g., caregivers bumping into children up to 3 years old. less than 20 lbs would not be mobile the chair and/or siblings pulling on the 3. Static Load Test Methods enough to climb into the high chair chair). Accordingly, for reclined seat using the step/footrest. Staff states that products, the new stability test method a. High Chair Seat they are unaware of any incidents in section 7.7.3 of ASTM F404–20 ASTM F404–18, the current involving step/footrest collapse with adopts stability requirements and mandatory standard, requires a static children who weigh less than 20 lbs, testing from the bassinet standard, load test for high chair seats. The test meaning children 6 months old or ASTM F2194–16e1, which was requires the high chair seat to support younger. Based on this analysis, the
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Commission concludes that this change B. Non-Substantive Changes to be consistent with other ASTM is neutral to the safety of high chairs. ASTM F404–20 also includes minor standards. For example, ASTM made editorial changes such as revising c. High Chair Tray additions and revisions that are editorial and do not alter any substantive ‘‘0.210 in (5 mm)’’ to ‘‘0.210-in (5-mm).’’ Currently, in ASTM F404–18, the requirements in the standard. Because These revisions are neutral to the safety intent of the tray static load test is to they do not change any substantive of high chairs, because they do not ensure that a high chair tray does not requirements, these revisions are neutral substantively alter the requirements in collapse under the weight of the child regarding the safety of high chairs. these sections. occupant if placed there temporarily III. Incorporation by Reference while the caregiver is putting the child 1. Referenced Documents into the high chair. ASTM F404–20, Section 2 of ASTM F404–20 lists Section 1231.2 of the direct final rule section 7.6.3 Tray Static Load Test, other standards referenced in F404. incorporates by reference ASTM F404– separates the tray static load test into Section 2.3 of ASTM F404–20, ANSI 20. The Office of the Federal Register two parts: Section 7.6.3.1 describes standards, was revised to include a (OFR) has regulations regarding testing high chairs intended for children reference to ANSI Z535.1 Safety Colors. incorporation by reference. 1 CFR part weighing more than 20 lbs (9 kg), and This revision was made to be consistent 51. Under these regulations, agencies section 7.6.3.2 describes testing high with other ASTM standards that must discuss, in the preamble to a final chairs intended for children weighing reference the ANSI standard for safety rule, ways in which the material the 20 lbs or less. Because high chairs colors for use in distinguishing warning agency incorporates by reference is intended for infants who weigh 20 lbs labels. Additionally, section 2.4 of reasonably available to interested or less would have less of a static load ASTM F404–20, Other references, adds parties, and how interested parties can to cause collapse of the high chair tray, a reference to new test equipment, the obtain the material. In addition, the section 7.6.3.2 uses half the test weight CAMI Infant Dummy Mark II and the preamble to the final rule must of the tray static load test for high chairs CAMI Newborn Dummy, which are summarize the material. 1 CFR 51.5(b). In accordance with the OFR intended for children who weight more used in the new stability testing for regulations, section II. Description of than 20 lbs (25 lbs applied over 60 reclined seat high chair products. Staff ASTM F404–20 of this preamble seconds, compared to 50 lbs applied considers these changes to be neutral to summarizes the major provisions of over 60 seconds in section 7.6.3.1). the safety of high chairs, because they are editorial in nature and do not ASTM F404–20 that the Commission As with the high chair seat static load incorporates by reference into 16 CFR testing, ASTM F404–20 requires that substantively alter requirements in the standard. part 1231. The standard is reasonably both types of high chairs be tested to the available to interested parties and same level of safety, because load 2. Terminology interested parties can purchase a copy testing is adjusted based on the Section 3.1.7.2 of ASTM F404–20, of ASTM F404–20 from ASTM maximum weight of the child occupant. Discussion, includes a new note stating International, 100 Barr Harbor Drive, Accordingly, this change is neutral to that a product that has an elevated seat P.O. Box C700, West Conshohocken, PA the safety of high chairs because and is designed or promoted for eating 19428–2959 USA; phone; 610–832– differentiating the tray static load test and feeding, or shown near a dining 9585; www.astm.org. Additionally, until based on the weight of the intended table would be considered within the the direct final rule takes effect, a read- child occupant does not reduce the level scope of the high chair standard. Staff only copy of ASTM F404–20 is available of safety for high chair products. considers this change to be neutral to for viewing on ASTM’s website at: 4. Dynamic High Chair Test Methods the safety of high chairs, because it https://www.astm.org/CPSC.htm. Once provides further discussion on the the rule takes effect, a read-only copy of ASTM F404–18 requires that all high definition of ‘‘high chairs,’’ but does not the standard will be available for chairs meet a dynamic high chair test, alter the definition, nor change the viewing on the ASTM website at: which is intended to address the scope of the standard. https://www.astm.org/ collapse of a high chair when an older Other changes in Terminology READINGLIBRARY/. Interested parties child (up to 3 years old) bounces up and include changing the term ‘‘free can also schedule an appointment to down in the chair. Section 7.10.1 of standing’’ to ‘‘free-standing,’’ and in inspect a copy of the standard at CPSC’s ASTM F404–20 adds an exemption from section 3.1.21, revising the definition of Division of the Secretariat, U.S. this test for high chairs intended for use ‘‘static load,’’ as follows: Consumer Product Safety Commission, with children weighing 20 lbs or less. 3.1.21 static load, n—vertically Room 820, 4330 East West Highway, ASTM’s rationale for the exemption is downward force load applied by a Bethesda, MD 20814, telephone: 301– that lower weight users of the product calibrated force gauge or by dead weights. 504–7479; email: [email protected]. will not be mobile enough to bounce weights or other means. IV. Certification significantly in the high chair, or bear These changes in terminology are enough weight to cause the high chair neutral to the safety of high chairs Section 14(a) of the Consumer to collapse. Staff is unaware of incidents because they are editorial in nature and Product Safety Act (CPSA; 15 U.S.C. of high chair collapse due to lower do not substantively alter the 2051–2089) requires manufacturers of weight children, 6 months old and definitions. products subject to a consumer product younger, bouncing in the product. safety rule under the CPSA, or to a Accordingly, this change is neutral to 3. Calibrations and Standardizations, similar rule, ban, standard, or regulation the safety of high chairs, because General Requirements, and Performance under any other act enforced by the exemption of high chairs intended for Requirements Commission, to certify that the products children weighing 20 lbs or less from ASTM made a few editorial changes comply with all applicable CPSC dynamic testing is unlikely to reduce to the sections of ASTM F404–20 on requirements. 15 U.S.C. 2063(a). Such the level of safety for these products, calibrations and standardizations, certification must be based on a test of given that these high chairs are intended general requirements, and performance each product, or on a reasonable testing for use by infants with limited mobility. requirements, to clarify provisions and program, or, for children’s products, on
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tests of a sufficient number of samples Dummy. Similar stability testing, with has previously incorporated by by a third party conformity assessment similar weights and the CAMI Newborn reference under section 104(b)(1)(B) of body accredited by CPSC to test Dummy, are also required in testing to the CPSIA, that revision will become the according to the applicable the mandatory standard for bassinets new CPSC standard, unless the requirements. As noted, standards and cradles, 16 CFR part 1218, based on Commission determines that ASTM’s issued under section 104(b)(1)(B) of the ASTM F2194–16e1. Additionally, the revision does not improve the safety of CPSIA are ‘‘consumer product safety CAMI Newborn Dummy is required test the product. Thus, unless the standards.’’ Thus, they are subject to the equipment for the mandatory standard Commission makes such a testing and certification requirements of for hand-held infant carriers, 16 CFR determination, the ASTM revision section 14 of the CPSA. part 1225, based on ASTM F2050–16. becomes CPSC’s standard by operation Because high chairs are children’s Currently, 19 third party labs are CPSC- of law. The Commission is allowing products, a CPSC-accepted third party accepted to test to the Safety Standard ASTM F404–20 to become CPSC’s new conformity assessment body must test for High Chairs, and 17 of these 19 third standard. The purpose of this direct samples of the products for compliance party labs are also CPSC-accepted to test final rule is to update the reference in with part 1231. Products subject to part to part 1218 and/or part 1225. the Code of Federal Regulations (CFR) 1231 also must comply with all other Accordingly, only two of the 19 third so that it reflects the version of the applicable CPSC requirements, such as party labs will likely have to source new standard that takes effect by statute. the lead content requirements in section test materials to test to ASTM F404–20. This rule updates the reference in the 101 of the CPSIA,5 the phthalates Based on experience purchasing test CFR, but under the terms of the CPSIA, prohibitions in section 108 of the equipment, these two third party labs, ASTM F404–20 takes effect as the new CPSIA 6 and 16 CFR part 1307, the one in Singapore and one in Taiwan, CPSC standard for high chairs, even if tracking label requirements in section should be able to purchase the the Commission does not issue this rule. 14(a)(5) of the CPSA,7 and the consumer necessary weights, as these weights can Thus, public comments would not alter registration form requirements in be as simple as gym/barbell weights or substantive changes to the standard or section 104(d) of the CPSIA.8 even weight bags. Additionally, staff the effect of the revised standard as a advises that the CAMI Newborn Dummy consumer product safety rule under V. Notice of Requirements is available from at least three sources section 104(b) of the CPSIA. Under In accordance with section globally. Because the effective date of these circumstances, notice and 14(a)(3)(B)(iv) of the CPSIA, the the revised high chair standard is July comment are unnecessary. Commission previously published a 3, 2021, these two third party labs have In Recommendation 95–4, the notice of requirements (NOR) for sufficient time to acquire the necessary Administrative Conference of the accreditation of third party conformity test equipment. United States (ACUS) endorses direct assessment bodies (third party labs) for Third party labs will begin testing to final rulemaking as an appropriate testing high chairs, and codified the the new standard when ASTM F404–20 procedure to expedite rules that are requirement at 16 CFR § 1112.15(b)(44). goes into effect on July 3, 2021, and the noncontroversial and that are not 83 FR at 28368–70. The NOR provided existing accreditations that the expected to generate significant adverse the criteria and process for CPSC to Commission has accepted for testing to comments. See 60 FR 43108 (Aug. 18, accept accreditation of third party labs this standard will cover testing to the 1995). ACUS recommends that agencies for testing high chairs to 16 CFR part revised standard. Accordingly, the use the direct final rule process when 1231. Id. The Commission codified existing NOR for the Safety Standard for they act under the ‘‘unnecessary’’ prong NORs for all mandatory standards for High Chairs will remain in place, and of the good cause exemption in 5 U.S.C. durable infant or toddler products in CPSC-accepted third party labs are 553(b)(B). Consistent with the ACUS ‘‘Requirements Pertaining to Third Party expected to update the scope of the recommendation, the Commission is Conformity Assessment Bodies,’’ 16 third party lab’s accreditations to reflect publishing this rule as a direct final CFR part 1112. the revised high chair standard in the rule, because CPSC does not expect any ASTM F404–20 includes new stability normal course of renewing their significant adverse comments. requirements for testing reclined seat accreditations. Unless CPSC receives a significant adverse comment within 30 days of this high chairs. We note that the current VI. Direct Final Rule Process mandatory standard based on ASTM notification, the rule will become F404–18 already requires stability The Commission is issuing this rule effective on July 3, 2021. In accordance testing for high chairs intended for as a direct final rule. Although the with ACUS’s recommendation, the children up to 3 years old, such that the Administrative Procedure Act (APA; 5 Commission considers a significant Commission considers third party labs U.S.C. 551–559) generally requires adverse comment to be ‘‘one where the that are currently CPSC-accepted for 16 agencies to provide notice of a rule and commenter explains why the rule would CFR part 1231 have demonstrated an opportunity for interested parties to be inappropriate,’’ including an competence for the new stability testing comment on it, section 553 of the APA assertion challenging ‘‘the rule’s for reclined seat high chairs in ASTM provides an exception when the agency, underlying premise or approach,’’ or a F404–20. ‘‘for good cause finds’’ that notice and claim that the rule ‘‘would be ineffective Additional testing requirements for comment are ‘‘impracticable, or unacceptable without change.’’ 60 FR reclined seat high chair products in unnecessary, or contrary to the public 43108, 43111. As noted, this rule merely ASTM F404–20, however, introduce test interest.’’ Id. 553(b)(B). The Commission updates a reference in the CFR to reflect equipment previously not required in concludes that when it updates a a change that occurs by statute. testing to ASTM F404–18, specifically, reference to an ASTM standard that the If the Commission receives a a 23-lb weight, and a CAMI Newborn Commission incorporated by reference significant adverse comment, the under section 104(b) of the CPSIA, Commission will withdraw this direct 5 15 U.S.C. 1278a. notice and comment are not necessary. final rule. Depending on the comment 6 15 U.S.C. 2057c. Under the process set out in section and other circumstances, the 7 15 U.S.C. 2063(a)(5). 104(b)(4)(B) of the CPSIA, when ASTM Commission may then incorporate the 8 15 U.S.C. 2056a(d). revises a standard that the Commission adverse comment into a subsequent
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direct final rule or publish a notice of establish or continue in effect a List of Subjects in 16 CFR Part 1231 proposed rulemaking, providing an requirement dealing with the same risk Consumer protection, Imports, opportunity for public comment. of injury unless the state requirement is Incorporation by reference, Imports, VII. Regulatory Flexibility Act identical to the Federal standard. 15 Infants and children, Law enforcement, U.S.C. 2075(a). Section 26(c) of the The Regulatory Flexibility Act (RFA; Safety, Toys. CPSA also provides that states or For the reasons discussed in the 5 U.S.C. 601–612) generally requires political subdivisions of states may agencies to review proposed and final preamble, the Commission amends 16 apply to CPSC for an exemption from CFR chapter II as follows: rules for their potential economic this preemption under certain impact on small entities, including circumstances. Section 104(b) of the PART 1231—SAFETY STANDARD FOR small businesses, and prepare regulatory CPSIA deems rules issued under that HIGH CHAIRS flexibility analyses. 5 U.S.C. 603, 604. provision ‘‘consumer product safety The RFA applies to any rule that is standards.’’ Therefore, once a rule ■ 1. Revise the authority citation for part subject to notice and comment 1231 to read as follows: procedures under section 553 of the issued under section 104 of the CPSIA APA. Id. As discussed in section VI. takes effect, it will preempt in Authority: Sec. 104, Pub. L. 110–314, 122 Direct Final Rule Process of this accordance with section 26(a) of the Stat. 3016 (15 U.S.C. 2056a); Sec 3, Pub. L. 112–28, 125 Stat. 273. preamble, the Commission has CPSA. determined that notice and the XI. Effective Date ■ 2. Revise § 1231.2 to read as follows: opportunity to comment are § 1231.2 Requirements for High Chairs. unnecessary for this rule. Therefore, the Under the procedure set forth in RFA does not apply. The Commission section 104(b)(4)(B) of the CPSIA, when Each high chair shall comply with all also notes the limited nature of this a voluntary standards organization applicable provisions of ASTM F404– document, which merely updates the revises a standard that the Commission 20, Standard Consumer Safety incorporation by reference to reflect the adopted as a mandatory standard, the Specification for High Chairs, approved mandatory CPSC standard that takes revision becomes the CPSC standard on October 1, 2020. The Director of the effect under section 104 of the CPSIA. within 180 days of notification to the Federal Register approves this incorporation by reference in VIII. Paperwork Reduction Act Commission, unless the Commission determines that the revision does not accordance with 5 U.S.C. 552(a) and 1 The current mandatory standard for improve the safety of the product, or the CFR part 51. You may obtain a copy high chairs includes requirements for Commission sets a later date in the from ASTM International, 100 Barr marking, labeling, and instructional Federal Register. 15 U.S.C. Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959; phone: literature that constitute a ‘‘collection of 2056a(b)(4)(B). The Commission is (610) 832–9585; www.astm.org. A read- information,’’ as defined in the taking neither of those actions with only copy of the standard is available Paperwork Reduction Act (PRA; 44 respect to the revised standard for high for viewing on the ASTM website at U.S.C. 3501–3521). The revised chairs. Therefore, ASTM F404–20 https://www.astm.org/ mandatory standard for high chairs does automatically will take effect as the new not alter these requirements. The READINGLIBRARY/. You may inspect a mandatory standard for high chairs on Commission took the steps required by copy at the Division of the Secretariat, July 3, 2021, 180 days after the the PRA for information collections U.S. Consumer Product Safety Commission received notice of the when it adopted 16 CFR part 1231, Commission, Room 820, 4330 East West revision on January 4, 2021. As a direct including obtaining approval and a Highway, Bethesda, MD 20814, final rule, unless the Commission control number. Because the telephone (301) 504–7479, email: cpsc- information collection is unchanged, the receives a significant adverse comment [email protected], or at the National Archives revision does not affect the information within 30 days of this document, the and Records Administration (NARA). collection requirements or approval rule will become effective on July 3, For information on the availability of related to the standard. 2021. this material at NARA, email XII. Congressional Review Act [email protected], or go to: IX. Environmental Considerations www.archives.gov/federal-register/cfr/ The Commission’s regulations The Congressional Review Act (CRA; ibr-locations.html. provide a categorical exclusion for the 5 U.S.C. 801–808) states that before a Alberta E. Mills, Commission’s rules from any rule may take effect, the agency issuing requirement to prepare an Secretary, Consumer Product Safety the rule must submit the rule, and Commission. environmental assessment or an certain related information, to each [FR Doc. 2021–06419 Filed 4–1–21; 8:45 am] environmental impact statement where House of Congress and the Comptroller they ‘‘have little or no potential for General. 5 U.S.C. 801(a)(1). The CRA BILLING CODE 6355–01–P affecting the human environment.’’ 16 submission must indicate whether the CFR 1021.5(c)(2). This rule falls within rule is a ‘‘major rule.’’ The CRA states the categorical exclusion, so no that the Office of Information and DEPARTMENT OF AGRICULTURE environmental assessment or Regulatory Affairs (OIRA) determines Forest Service environmental impact statement is whether a rule qualifies as a ‘‘major required. rule.’’ 36 CFR Part 230 X. Preemption Pursuant to the CRA, this rule does Section 26(a) of the CPSA provides not qualify as a ‘‘major rule,’’ as defined RIN 0596–AD23 that where a consumer product safety in 5 U.S.C. 804(2). To comply with the Community Forest Program standard is in effect and applies to a CRA, CPSC will submit the required product, no state or political information to each House of Congress AGENCY: Forest Service, U.S. subdivision of a state may either and the Comptroller General. Department of Agriculture (USDA).
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ACTION: Final rule. that, ‘‘. . . the grant recipient will not the intent and purposes of the convey or encumber the interest in real authorizing legislation. SUMMARY: The United States Department property, in whole or in part, to another Project Compliance With the National of Agriculture has revised the final rule party . . .’’. This language is more Environmental Policy Act for the Community Forest and Open restrictive than necessary and Space Program (Community Forest inconsistent with the grant assurances Project grants are subject to the Program). The revisions included in this (OPM Form 424D), which allows a grant National Environmental Policy Act final rule will allow grant recipients to recipient to convey or encumber the (NEPA) and must comply with the convey conservation easements to interest in real property with prior Agency’s NEPA implementing funding entities and, in some approval from the granting Agency. procedures as described in 36 CFR part circumstances when consistent with the Furthermore, the restrictive language 220, as well as the Council on program’s purposes, convey community prevents eligible entities from using Environmental Quality’s NEPA forest land to other eligible entities. The funding mechanisms that require procedures at 40 CFR parts 1500–1508. final rule also clarifies the definitions of establishment of a conservation Community Forest Program grants are program-specific terms, streamlines the easement, even though this arrangement used to transfer title and ownership of application process, and implements the could be compatible with Community private lands to third parties and will Office of Management and Budgets Forest Program requirements. This not fund any ground-disturbing (OMB)’s Uniform Administrative provision also prevents the transfer of activities. The Forest Service has Requirements, Cost Principles, and ownership interest in a Community concluded that Community Forest Audit Requirements for Federal Awards. Forest to another eligible entity if the Program grants fall under the categorical DATES: This final rule is effective May 3, original owner becomes unable to hold exclusion provided in the Forest 2021. or maintain the parcel. Service’s NEPA procedures for ‘‘acquisition of land or interest in land’’ ADDRESSES: For more information, Additionally, the Agency seeks to including a copy of the final rule, refer reduce the burden of paperwork and 36 CFR 220.6(d)(6); 73 FR 43084 (July to the World Wide Web/internet at: information collections on applicants. 24, 2008). As a result, Community https://www.fs.usda.gov/managing- Currently, the Agency requests an eight- Forest Program project grants are land/private-land/community-forest. page application, a map of the parcel in excluded from documentation in an More information may be obtained by question, all forms required for issuance environmental assessment or impact written request to the Director, of a Federal grant, and a draft statement. Cooperative Forestry Staff, Forest community forest plan. The current Uniform Relocation Assistance and Service, USDA, Mail Stop 1123, 1400 application process is overly Real Property Acquisition for Federal burdensome, and all elements of the Independence Avenue SW, Washington, and Federally-Assisted Programs DC 20250–1123. current process are not necessary to ensure the selection of high-quality The Uniform Relocation Assistance FOR FURTHER INFORMATION CONTACT: community forest projects that meet the and Real Property Acquisition Policy Scott Stewart, Program Manager, State intent of the program. Act of 1970 (‘‘Uniform Act’’) (42 U.S.C. and Private Forestry, Cooperative The Agency also seeks to clarify 4601, et. seq.) provides guidance and Forestry Staff, (202) 205–1618. definitions and refine provisions procedures for the acquisition of real Individuals who use telecommunication regarding the use of technical assistance property by the Federal Government, devices for the deaf (TDD) may call the funds. The language clarifies how including relocation benefits to Federal Information Relay Service technical assistance should be displaced persons. Department of (FIRS) at (800) 877–8339 between 8:00 determined and requested. Some of the Transportation regulations a.m. and 8:00 p.m., Eastern Standard definitions in the current regulation are implementing the Uniform Act (49 CFR Time, Monday through Friday. unclear and confuse the intent of the part 24) have been adopted by the SUPPLEMENTARY INFORMATION: program. The Agency seeks to provide Department of Agriculture (7 CFR part 21). However, the Community Forest I. Background clarification and reduce the amount of confusion caused by the unclear Program is deemed exempt from the The Community Forest Program is definitions. Uniform Act because it meets the authorized by Section 8003 of the Food, Lastly, the Agency is eliminating the exemption criteria stated at 49 CFR Conservation, and Energy Act of 2008 separate cost share and grant 24.101(b)(1). (Pub. L. 110–246; 122 Stat. 2043). On requirements for non-profit Federal Appraisal Standards October 20, 2011, the Forest Service organizations, Tribal governments, and issued regulations (36 CFR part 230, local governments in (§§ 230.6(c) and Section 7A(c)(4) of the Cooperative subpart A) implementing the program. 230.7(a)(2)). The Agency will follow the Forestry Assistance Act (16 U.S.C. After selecting and awarding the first guidance outlined in the OMB Uniform 2103d(c)(4)), requires that land acquired round of grants under the current 36 Administrative Requirements, Cost under Community Forest Program be CFR part 230, subpart A, the Agency Principles, and Audit Requirements for appraised in accordance with the identified some inconsistencies and Federal Assistances (2 CFR part 400). Uniform Appraisal Standards for inefficiencies in the regulation that Federal Land Acquisitions (Federal hinders the Agency’s ability to Need for the Final Rule Appraisal Standards) in order to efficiently and effectively implement The Forest Service is revising this determine the non-Federal cost share of the program. regulation to correct inconsistencies and a parcel of privately-owned forest land. One of the critical inconsistencies can inefficiencies, to clarify confusing The Federal Appraisal Standards are be found in § 230.8, which specifies the language, reduce the paperwork contained in a readily available public acquisition requirements for this collection burden for applicants, and to document, which is well known to program. Section 230.8(a)(5) lists the update grant requirements to comply professional appraisers (see: https:// documents and statements that must be with grant regulations and OMB www.justice.gov/file/408306/download). recorded with the deed as part of the circulars. These changes will help A grant recipient is responsible for Notice of Grant Requirement. It states ensure that the regulations align with assuring that the appraisal of the
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Community Forest Program tract is done Eligible Lands member of the public, two respondents in conformance with the Federal Comment: Section 230.2 Definition: represented local municipalities, two Appraisal Standards. The Federal Expand the definition of item 2 to responses were from regional coalitions, Appraisal Standards shall be used to expressly refer to ‘‘Indian Trust Assets’’ four respondents were regional determine reimbursement for non- (ITAs) and ‘‘non-trust Indian lands’’. representatives of national non-profit Federal cost share. However, separate ITAs are defined in the implementation organizations, and one response was tracts donated for the purpose of regulations for Public Law 93–638 as an received from a Forest Service regional program manager. Responses from providing the non-Federal cost share interest in land, water, minerals, funds Indian Tribes, the agencies that work may be appraised using the Uniform or other assets or property which is held with them and government-to- Standards of Professional Appraisal by the United States in trust for an government consultations were also Practice (USPAP) or the IRS regulations Indian Tribe or an individual Indian or received and analyzed separately (see for a donation in land. The Forest which is held by an Indian Tribe or Government-to-Government Service may be available to assist Indian subject to a restriction on Consultation with Indian Tribes above alienation impacted by the United applicants with the appraisal and and Consultation and Coordination with States (25 CFR 900.6). A simple associated appraisal review and will Indian Tribes in Regulatory reference to ‘‘lands held in trust by the conduct spot checks to assure Certification). compliance with Federal Appraisal United States’’ will have varying Standards. meanings to the different eligible Comments on the Proposed Rule entities involved in the development of Revision 36 CFR Part 230, Subpart A 2. Formal Government-to-Government a proposed Community Forest Plan. General Comments Consultation With Federally Response: The final rule expressly Recognized Tribes refers to Indian reservations and Comments in favor: Two commenters allotment land when defining eligible commended the Agency on its Indian Tribes were invited to and non-eligible lands. Since ITAs are flexibility in allowing conveyances of government-to-government consultation defined as ‘‘. . . an interest in land, land holdings should the need arise. (consultation) on the CFP proposed rule water, minerals, funds or other assets or 230.2 Definitions prior to review and comment by the property . . .’’ this would not be Comments in favor: Three general public. The consultation process applicable in determining if the land was initiated September 29, 2015. The commenters commended the Forest was eligible or non-eligible for the Service for including the addition of Deputy Chief for State and Private Community Forest Program; no change Forestry sent a letter to the Forest ‘‘cultural resources’’ to the definition of made to final rule. ‘‘environmental benefits.’’ It helps Service regional leadership requesting Comment: Provide clarity that it is the that they initiate consultation with promote the range of resource values governing body of the Indian Tribe that that CFP is helping to protect. federally recognized Tribes. Each unit designates or authorizes an individual Comments suggesting modifications: then initiated consultation with Indian to represent the Tribe. Two commenters requested that the Tribes, providing them with information Response: Clarifying language was Forest Service clarify the range of about the CFP, the proposed rule, how added to the definition for Equivalent permissible commercial activities on a to request government-to government officials of Indian Tribes in the final community forest. As currently read, the consultation, and where to send rule. exception for ‘‘compatible commercial comments. Consultation concluded 3. Summary of Comments and Agency uses’’ is not specific beyond its September 30, 2016. Forest Service Responses to Public Comments description as ‘‘limited.’’ incorporated the input received through Agency Response: The rule is not consultation and the public comment On December 8, 2015, the Forest intended to be unnecessarily process into the development of this Service published in the Federal prescriptive. Future commercial uses final rule. Register (80 FR 76251) a proposed rule could arise that may be reasonable, and revision to allow Community Forest and the language as written allows for a Indian Tribal Input and Agency Open Space Program grant recipients to future dialogue between a grant Responses issue conservation easements to funding recipient and the Forest Service rather entities, convey or encumber an interest 36 CFR 230.2—Definitions than excluding them prescriptively in community forest land to other without deliberation. The Agency Comment: A definition of cultural eligible entities, clarify program-specific determined that the language as written resources should be included in the terms, streamline the application provides reasonable guidelines for a regulation. A simple reference to process, and implement the Office of discussion of compatible uses, so long ‘‘cultural resources’’ will have varying Management and Budget’s Uniform as those uses do not conflict with the meanings to the different eligible Administrative Requirements, Cost community values provided by the entities involved with a Community Principles, and Audit Requirements for community forest. Federal Awards (2 CFR parts 200 and Forest Plan. If a definition is not § 230.4 Application Requirements included, a reference to consideration of 400). The Forest Service solicited Comments in favor: Nine commenters Traditional Cultural Places/Properties comments on the proposed rule for 90 expressed favor that the revised rule (TCPs) should be provided. TCPs play days ending March 7, 2016. The Forest would allow for the draft plan to be an important role in Tribal community Service received comments from ten submitted only after a project has been traditions, beliefs and activities and individuals contributing 32 total selected and a grant awarded. This is a thus need to be protected. comments, overwhelmingly in favor of common-sense change that will reduce Response: The final rule includes the rule revision, with a few suggestions the administrative burden for CFP additional language to clarify the for clarification and one party opposed applicants, and will not reduce the meaning of cultural resources to include with comments not germane to the rule. number of high-quality project tangible and intangible resources. One response was from an individual applications.
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§ 230.6 Project Costs and Cost Share rule states that a community forest plan need and purpose of technical Requirements be submitted within 120 days of the assistance in their Community Forest Comments suggesting modifications: acquisition and periodically updated to application. Because the application Requesting that the Agency provide guide the management and use of the comes from the eligible entity and not clarity with respect to the prohibition forest. We request that the deadline for the state, the commenter suggests submitting a plan be extended past the on the use of ‘‘other Federal funds amending the language to assert that 120-day limit. We expect that in many unless specifically authorized by financial need and purpose should be cases, the 120 day deadline will be more Federal statute.’’ To the extent indicated ‘‘in the project budget and than enough to gather feedback to draft practicable, the Agency should clarify formally requested by the State when a community forest plan. However, in that the Gulf Coast Restoration Trust forwarding the applications received by such instances where more input is Fund and the Department of Defense the applicants to the Forest Service.’’ needed, an extension to the deadline Readiness and Environmental Agency Response: The Agency would be useful in order to ensure Protection Program are eligible as non- emphasizes coordination between the meaningful public input. Federal cost share for the purposes of grant applicant and the State or Tribal Agency Response: The Agency representative to ensure that technical the Community Forest Program. maintains that the 120-day deadline Agency Response: If law, or assistance needs are already adequately should remain in order to encourage characterized in the budget. Section regulations promulgated to implement a timely deliberation and efficient law, indicate that Federal funds may be 230.3 clearly requires that the State communication between stakeholders. Forester or equivalent official must treated as non-Federal, the Community In order to provide appropriate Forest Program will adhere to that clarify technical assistance funding flexibility to address unforeseen needs for any services rendered upon direction. The Agency is not in a circumstances, the Forest Service has position to make explicit determinations submission of the application to the modified the rule to ensure that regional Forest Service. on the nature of all possible funding managers have the discretion to extend mechanisms contributed for cost-share. the planning process for an additional Regulatory Certifications Therefore, leaving the language in its 60 days if there is sufficient justification Regulatory Planning and Review current form allows program managers for why the deadline cannot be met. to follow existing law and policy while Comment: The Forest Service should This final rule has been reviewed retaining the opportunity to evaluate provide greater clarification regarding under USDA procedures and Executive emerging situations and opportunities. the ‘‘periodic updating’’ of the plan. It Order 12866. The Office of Management and Budget (OMB) has determined that § 230.8 Acquisition Requirements should be clearer how often the plan should be updated, and what elements this rule is non-significant for purposes Comments in favor: Seven of the plan need updating. of Executive Order 12866. commenters in favor of the proposed Agency Response: The Agency This final rule does not regulate the revision would amend existing concurs with this suggestion, and has private use of land or the conduct of regulations to allow encumbrances on modified the language to require business. It is a grant program for local the land, as long as they are not contrary periodic updating of the community governments, Tribal governments, and to the purposes of the program. This is forest plan in the event of new threats qualified nonprofit organizations for a change from the current language, of encroachment, significant changes to purposes of acquiring land for resource which states that grant recipients may forest health threats requiring conservation and open space not ‘‘encumber the interest in real alterations in proposed treatments, or preservation. By providing funding to property, in whole or in part, to another when a significant lapse in time has eligible entities for land acquisition, the party.’’ This revision is a common-sense occurred since the initial plan was Federal Government will promote the change that will make it easier to created. non-monetary benefits of sustainable develop partnerships in acquiring and Comment: ‘‘Grant recipients’’ should forest management. These benefits managing community forests and be replaced with ‘‘Community Forest include: Improved air and water quality, ultimately broaden participation in the Holders/Owners’’. If an allowed transfer wildlife and fish habitat, forest-based program. to another eligible entity occurs, the educational programs including Comments suggesting modifications: owner of the community forest is no vocational education programs in The Forest Service should require a new longer the Grant Recipient. This could forestry, replicable models of effective Notice of Grant Requirement be make the initial grantee ineligible for forest stewardship for private recorded if an eligible transfer to future funding opportunities through landowners, open space preservation, another entity occurs. the program. carbon sequestration, and enhanced Agency Response: The Forest Service Agency Response: The Agency has recreational opportunities including agrees with this suggestion and has modified the language to clarify that if hunting and fishing. expanded upon the language to ensure lands are conveyed voluntarily by a Proper Consideration of Small Entities that any new entity receiving the recipient who had adhered to the community forest land holdings will stipulations of both the grant agreement This final rule has been considered in subsume all responsibilities required of and the Agency instructions for light of Executive Order 13272 regarding the original grant recipient. The conveyance as outlined in the rule and property considerations of small entities language has also been modified to grant agreement, then that original grant and the Small Business Regulatory reflect the need to document land recipient would be eligible for future Enforcement Fairness Act of 1996. conveyances through a new Notice of program funding. Voluntary participation in the Grant Requirement. Community Forest Program does not § 230.10 Technical Assistance Funds impose significant direct costs on small § 230.9 Ownership and Use Comments suggesting modifications: entities. This final rule imposes no Requirements As written, the rule requires State additional requirements on the affected Comments suggesting modifications: Foresters or equivalent officials of public. Entities most likely affected by Four commenters suggested the revised Indian Tribes to indicate the financial this final rule are the local governments,
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qualified nonprofit organizations, and Expiration Date of Approval: 12/31/ requirements set out by the USDA, Tribal governments eligible to receive a 2021. Forest Service. grant through the Community Forest Type of Request: Revision of a Program. The minimum requirements Currently Approved Information No Takings Implications imposed on small entities by this final Collection. This final rule has been analyzed in rule are necessary to protect the public Abstract: The purpose of Community accordance with the principles and interest and should be within the Forest Program is to achieve community criteria contained in Executive Order capabilities of small entities to perform, benefits through grants to local 12630 and it has been determined that and should not be administratively governments, Tribal Governments, and the rule does not pose the risk of a burdensome or costly to meet. The final qualified nonprofit organizations to taking of constitutionally protected rule would not materially alter the establish community forests by private property. This final rule budgetary impact of entitlements, user acquiring and protecting private implements a program to assist eligible fees, loan programs, or the rights and forestlands. This rule includes entities in acquiring land from willing obligations of program participants. It information requirements necessary to sellers. Any land use restrictions on does not compel the expenditure of implement the Community Forest Community Forest Program parcels are $100 million or more by any State, local Program and comply with grants agreed to voluntarily by program or Indian Tribal government, or anyone regulations and OMB Circulars. The participants. in the private sector. Under these information requirements will be used circumstances, the Forest Service has to help the Forest Service: Environmental Impact determined that this action would not (1) Determine that the applicant is have a significant economic impact on eligible to receive funds under the The Forest Service has determined a substantial number of small entities. program, that this final rule falls under the (2) Determine if the proposal meets categorical exclusion provided in Forest Unfunded Mandates the qualifications in the law and Service regulations on National Pursuant to Title II of the Unfunded regulations, Environmental Policy Act procedures. Mandates Reform Act of 1995 (2 U.S.C. (3) Evaluate and rank the proposals Such procedures exclude from 1531–1538), which the President signed based on a standard, consistent documentation in an environmental into law on March 22, 1995, the Agency information, and assessment or environmental impact has assessed the effects of this rule on (4) Determine if the projects costs are statement ‘‘rules, regulations, or policies State, local, and Indian Tribal allowable and sufficient cost share is to establish service wide administrative governments and the private sector. provided. procedures, program processes, or This final rule does not compel the Local governmental entities, Tribal instructions.’’ 36 CFR 220.6(d)(2); 73 FR expenditure of $100 million or more by Governments, and qualified nonprofit 43084 (July 24, 2008). This final rule any State, local or Indian Tribal organizations are the only entities outlines the programmatic governments, or anyone in the private eligible for the program and therefore implementation of the CFP and has no sector. Therefore, a statement under are the only organizations from which direct effect on Forest Service decisions section 202 of that Act is not required. information will be collected. for its land management activities or on The information collection currently ground disturbing activities conducted Federalism required for a request for proposals and by third-party entities. The Forest Service has considered grant application is approved and has this final rule under the requirements of been assigned the OMB Control No. Energy Effects 0596–0227. Executive Order 13132, Federalism, and This final rule has been reviewed Comments were sought on the Executive Order 12875, Government under Executive Order 13211 of May 18, information collection aspect of this Partnerships. The Forest Service has 2001, Actions Concerning Regulations rule; none were received. determined that the rule conforms to the That Significantly Affect Energy Supply, federalism principles set out in these Consultations and Coordination With Distribution, or Use. It has been Executive orders. The rule would not Indian Tribal Governments determined that this final rule does not impose any compliance costs on the This final rule has Tribal implications constitute a significant energy action as States other than those imposed by defined in the Executive Order. statute, and would not have substantial as defined in Executive Order 13175. direct effects on the States, on the Section 7A(a)(1) of the Cooperative Civil Justice Reform relationship between the Federal Forestry Assistance Act establishes that Government and the States, or on the federally recognized Indian Tribes are This final rule has been reviewed distribution of power and eligible to participate in the Community under Executive Order 12988, Civil responsibilities among the various Forest Program. In accordance with the Justice Reform. The Forest Service has levels of government. President’s memorandum of April 29, not identified any State or local laws or 1994, ‘‘Government-to-Government regulations that are in conflict with this Controlling Paperwork Burdens on the Relations With Native American Tribal final rule or that would impede full Public Governments’’ (59 FR 22951); the implementation of this rule. In accordance with the Paperwork Executive Order of November 6, 2000, Nevertheless, in the event that such a Reduction Act of 1995 [44 U.S.C. ‘‘Consultation and Coordination With conflict is identified, the final rule Chapter 35], the Forest Service Indian Tribal Governments’’ (E.O. would not preempt the State or local requested and received an approval of 13175); and with the directives of the laws or regulations found to be in an extension without change of a Department of Agriculture (DR 1350– conflict. However, in that case, no currently approved information 001); we have determined that this retroactive effect would be given to this collection. change will not have an adverse effect rule and the Forest Service would not Title: Community Forest and Open on Indian Tribes. Tribal consultation require the use of administrative Space Conservation Program. was conducted through local and proceedings before parties could file OMB Number: 0596–0227. regional processes in coordination with suit in court challenging its provisions.
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List of Subjects in 36 CFR Part 230 the Commonwealth of Puerto Rico, the (6) Plans for the utilization or Grant programs, Grants Virgin Islands of the United States, the demolition of existing structures and administration, State and local Commonwealth of the Northern Mariana proposed needs for further governments, Tribal governments, Islands, the Federated States of improvements; Nonprofit organizations, Conservation, Micronesia, the Republic of the (7) A description of public access and Forests and forest products, Land sales. Marshall Islands, the Republic of Palau, the rationale for any limitations on and the territories and possessions of public access, such as protection of For the reasons set forth in the the United States. cultural (including tangible and preamble, the Forest Service hereby intangible resources) or natural amends part 230 of title 36 of the Code § 230.2 Definitions. resources or public health and safety of Federal Regulations by revising The terms used in this subpart are concerns; and subpart A to read as follows: defined as follows: (8) Maps of sufficient scale to show Borrowed funds. Funds used for the the location of the property in relation PART 230—STATE AND PRIVATE purpose of cost share which would FORESTRY ASSISTANCE to roads, communities, and other encumber the subject property, in whole improvements as well as nearby parks, ■ or in part, to another party. refuges, or other protected lands and 1. The authority citation for part 230 Community benefits. One or more of is revised to read as follows: any additional maps required to display the following: planned management activities. Authority: 16 U.S.C. 2103(d) & 2109(e). (1) Economic benefits such as timber Eligible entity. An organization that is and non-timber products resulting from ■ 2. Revise subpart A to read as follows: qualified to acquire and manage land, sustainable forest management and limited to the following: Subpart A—Community Forest and tourism; (1) Local governmental entity. Any (2) Environmental benefits, including Open Space Conservation Program municipal government, county clean air and water, stormwater government, or other local government Sec. management, wildlife habitat, and body with jurisdiction over local land 230.1 Purpose and scope. cultural resources; 230.2 Definitions. (3) Benefits from forest-based use decisions as defined by Federal or 230.3 Application process. experiential learning, including K–12 State law. 230.4 Application requirements. (2) Indian Tribe. Defined by Section 4 230.5 Ranking criteria and proposal conservation education programs; vocational education programs in of the Indian Self-Determination and selection. Education Assistance Act (25 U.S.C. 230.6 Project costs and cost share disciplines such as forestry and environmental biology; and 450b); includes federally recognized requirements. Indian Tribes and Alaska Native 230.7 Grant requirements. environmental education through 230.8 Acquisition requirements. individual study or voluntary Corporations. 230.9 Ownership and use requirements. participation in programs offered by (3) Qualified nonprofit organization. 230.10 Technical assistance funds. organizations such as 4–H, Boy or Girl As defined by the Community Forest Scouts, Master Gardeners, etc.; Program authorizing statute (16 U.S.C. Subpart A—Community Forest and (4) Benefits from serving as replicable 2103d(a)(4)), any organization that is Open Space Conservation Program models of effective forest stewardship described in Section 170(h)(3) of the Internal Revenue Code of 1986 (26 § 230.1 Purpose and scope. for private landowners; and (5) Recreational benefits such as U.S.C. 170(h)(3)) and operates in (a)(1) The regulations of this subpart hiking, hunting, and fishing secured accordance with one or more of the govern the rules and procedures for the with public access. conservation purposes specified in Community Forest and Open Space Community forest. Forest land owned Section 170(h)(4)(A) of that Code (26 Conservation Program (Community in fee-simple by an eligible entity that U.S.C. 170(h)(4)(A)). Conservation Forest Program), established under provides public access and is managed purposes include: Section 7A of the Cooperative Forestry to provide community benefits pursuant (i) The preservation of land areas for Assistance Act of 1978 (16 U.S.C. to a Community Forest Plan. outdoor recreation by, or for the 2103d). Under the Community Forest Community Forest Plan. A tract- education of, the general public; Program, the Secretary of Agriculture, specific plan developed with (ii) The protection of a relatively acting through the Chief of the Forest community involvement that guides the natural habitat for fish, wildlife, or Service, awards grants to local management and use of a community plants, or similar ecosystem; governments, Indian Tribes, and forest and includes the following (iii) The preservation of open space qualified nonprofit organizations to components: (including farmland and forest land) for establish community forests for (1) A description of all purchased the scenic enjoyment of the general community benefits by acquiring and tracts and cost share tracts, including public or pursuant to a clearly protecting private forestlands. This acreage and county location, land use, delineated Federal, State, or local subpart is designed to allow Community forest type, and vegetation cover; governmental conservation policy, Forest and Open Space Program (2) Objectives for the community where such preservation will yield a (Community Forest Program) grant forest and strategies to implement those significant public benefit; or recipients to grant conservation objectives; (iv) The preservation of a historically easements to funding entities, and, in (3) A description of the long-term use important land area or a certified some circumstances, to convey land to and management of the property; historic structure. another eligible entity when consistent (4) Community benefits to be Eligible lands. Private forest lands with the program’s purposes. achieved from the establishment of the that: (2) This subpart applies to grants community forest; (1) Are threatened by conversion to awarded prior to and after May 3, 2021. (5) A description of ongoing activities nonforest uses; (b) The Community Forest Program that promote community involvement (2) Are not lands held in trust by the applies to eligible entities within any of in the development and implementation United States, including Indian the 50 States, the District of Columbia, of the Community Forest Plan; reservations and allotment land; and
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(3) Can provide defined community (iii) Mining and nonrenewable provide a review of each application to benefits under the Community Forest resource extraction, except for activities help the Forest Service determine: Program and allow public access if that would not require surface (1) That the applicant is an eligible acquired by an eligible entity. disturbance of the community forest entity; Equivalent officials of Indian Tribes. such as directional drilling for oil and (2) That the land is eligible; Individual(s) designated and authorized gas development or onsite use of gravel (3) That the proposed project has not by the governing body of the Indian from existing gravel pits; been submitted for funding Tribe to manage the forest proposed for (iv) Industrial use, including the consideration under the Forest Legacy acquisition. manufacturing of products; Program; and Federal appraisal standards. The (v) Commercial use, except for (4) Whether the project contributes to current Uniform Appraisal Standards sustainable timber or other renewable a landscape conservation initiative. for Federal Land Acquisitions resources, and limited compatible (e) If an applicant seeks technical developed by the Interagency Land commercial activities to support assistance from the State Forester, Acquisition Conference (also known as cultural, recreational and educational nontribal applicants should contact the the yellow book). use of the community forest by the State Forester to discuss what technical Fee-simple. Absolute interest in real public; and assistance is needed and confirm that property, versus a partial interest such (vi) Structures, facilities, or organized, the State Forester is willing to provide as a conservation easement. continuous, or recurring activities that that assistance. Tribal applicants should Forest lands. Lands that are at least disturb or compact the surface and/or work with their equivalent officials five acres in size, suitable to sustain impact forest and water resources in a (§ 230.2) to discuss and arrange similar natural vegetation, and at least 75 manner that threatens the benefits and technical assistance needs. Applicants percent forested. Forests are determined objectives of the community forest. must include a separate budget that both by the presence of trees and the Public access. Access that is provided outlines the financial needs associated absence of incompatible nonforest uses. on a non-discriminatory basis at with technical assistance activities Grant recipient. An eligible entity that reasonable times and places, but may be (§ 230.10). receives a grant from the Forest Service limited to protect cultural (including (f) A proposed application cannot be through the Community Forest Program. tangible and intangible resources) and submitted for funding consideration Landscape conservation initiative. A natural resources or public health and simultaneously for both the Community conservation or management plan or safety. Forest Program and the Forest Service’s activity that identifies conservation State Forester. The State employee Forest Legacy Program (16 U.S.C. needs and goals of a locality, state, or who is responsible for administration 2103c). region. Examples of initiatives include and delivery of forestry assistance within a State, or equivalent official. § 230.4 Application requirements. community green infrastructure plans, a (a) Documentation verifying that the community or county land use plan, § 230.3 Application process. applicant is an eligible entity and that Indian Tribes’ area of interest/ (a) The Forest Service will issue a the proposed acquisition is of eligible homelands plans, a Statewide Forest national request for applications (RFA) lands. Action Plan, etc. The conservation goals for grants under the Community Forest (b) Applications must include details identified in the plan must correspond Program. The RFA will be posted to of the property proposed for acquisition: with the community and environmental http://www.grants.gov as well as other (1) A description of the property, benefits outlined for the Community venues. The RFA will include the including acreage and county location; Forest Program project. following information: (2) A description of current land uses, Nonforest uses. Uses other than forest (1) The process and timeline for including improvements and plans for management that may be compatible or submitting an application; utilization or demolition of existing incompatible with maintaining (2) Application requirements structures; community forest purposes. (§ 230.4); (3) A description of forest type and (1) Nonforest uses that may be (3) Review process and criteria that vegetative cover; compatible with a community forest will be used by the Forest Service (4) A map of sufficient scale to show may include: (§ 230.5); and the location of the property in relation (i) Cultivated farmland, pasture, (4) Additional information as the to roads and other improvements as grassland, shrubland, open water, and Forest Service determines appropriate. well as parks, refuges, or other protected wetlands; and (b) Pursuant to the RFA, interested lands in the vicinity; (ii) Low-impact structures or facilities eligible entities will submit an (5) A description of applicable zoning that supports the purposes of the application for program participation to: and other land use regulations affecting community forest and the Community (1) The State Forester or equivalent the property; Forest Program, such as recreational official, for local governments and (6) Relationship of the property facilities, trails, concession and qualified nonprofit organizations; or within and its contributions to a educational kiosks, energy development (2) The equivalent officials of the landscape conservation initiative; and for onsite use, facilities associated with Indian Tribe, for applications submitted (7) A description of any threats of appropriate forest management, and by an Indian Tribe. conversion to nonforest uses. parking areas. (c) Interested eligible entities will also (c) Information regarding the (2) Incompatible nonforest uses are notify the Forest Service, pursuant to proposed establishment of a community activities that threaten forest cover and the RFA, when submitting an forest, including: are inconsistent with the Community application to the State Forester or (1) Objectives of the community Forest Plan. These uses may include, equivalent officials of the Indian Tribe. forest; but are not limited to: (d) The State Forester or equivalent (2) A description of the benefiting (i) Subdivision; official of the Indian Tribe will forward community, including demographics, (ii) Residential development, except all applications to the Forest Service and the associated benefits provided by for a caretaker building; and, as time and resources allow, the proposed land acquisition;
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(3) A description of the community (b) Extent and nature of community the River and Harbor Act, or the involvement to date in the planning of engagement in the establishment and Endangered Species Act; the community forest and of the long-term management of the (5) Not include borrowed funds, as community involvement anticipated in community forest; defined in § 230.2; and its long-term management; (c) Extent to which the community (6) Be accomplished within the grant (4) Description of the planned public forest contributes to a landscape period. access and the rationale for any conservation initiative; (f) Cost share contributions may proposed limitations such as protection (d) Likelihood that, unprotected, the include the purchase or donation of of cultural (including tangible and property would be converted to other lands located within the intangible resources) or natural nonforest uses; community forest as long as it is resources, or public health and safety (e) Amount of cost share leveraged; provided by an eligible entity and concerns; (f) Extent of due diligence completed legally dedicated to perpetual land (5) An identification of persons and on the project, including cost share conservation consistent with organizations that support the project committed and status of appraisal; Community Forest Program and and their specific role in acquiring the (g) Costs to the Federal Government; community forest objectives; such land and establishing and managing the and donations need to meet the acquisition community forest; (h) Additional considerations as may requirements specified under (6) If the project is within the be outlined in the RFA. § 230.8(a)(1)(ii). designated boundary of a Federal (g) For purposes of calculating the management unit, a letter of support for § 230.6 Project costs and cost share cost share contribution, the grant requirements. the project from the Federal land recipient may request inclusion of manager; and (a) The Community Forest Program project due diligence costs, such as title (7) A description of the resources that Federal contribution cannot exceed 50 review and appraisals, incurred prior to will be used to maintain and manage the percent of the total project costs. issuance of the grant. These pre-award property as a community forest in (b) Allowable project and cost share costs may have been incurred up to one perpetuity. costs will include the purchase price year prior to the issuance of the grant, (d) Information regarding the and the following transactional costs but cannot include the purchase of proposed land acquisition, including: associated with the acquisition: Community Forest Program land, (1) A proposed project budget (1) Appraisals and appraisal reviews; including cost share tracts. including a table and/or narrative (2) Land surveys; detailing the source/type of non-Federal (3) Legal and closing costs; § 230.7 Grant requirements. cost share and all allowable expenses (4) Development of the Community (a) Once an application is selected, associated with the project (§ 230.6); Forest Plan; and funding will be obligated to the grant (2) Requests for State Forester, or (5) Title examination. recipient through a grant. equivalent official of Indian Tribes, (c) The principles and procedures for (1) The following grant forms and technical assistance in Community determining allowable costs for grants supporting materials must be completed Forest Plan preparation should be listed are outlined in 2 CFR part 400, Uniform after project selection in order to receive separately in the budget, along with Administrative Requirements, Cost the grant: their estimated costs of providing Principles, and Audit Requirements. (i) An Application for Federal assistance (§ 230.10); (d) Project costs do not include the Assistance (Standard Form 424); (3) The status of due diligence, as following: (ii) Budget information (Standard documented by a signed option or (1) Long-term operations, Form 424c—Construction Programs); purchase and sale agreement, title maintenance, and management of the (iii) Assurances of compliance with search, minerals determination, and land; all applicable Federal laws, regulations, appraisal; (2) Construction of buildings or and policies (Standard Form 424d— (4) Description and status of cost recreational facilities; Construction Programs); and share (secure, pending, commitment (3) Research; (iv) Additional forms, as may be letter, etc.) (§ 230.6); (4) Existing liens or taxes owed; and required to award the grant. (5) The status of negotiations with (5) Costs associated with preparation (2) The grant paperwork must adhere participating landowner(s) including of the application, except any allowable to the requirements outlined in 2 CFR purchase options, contracts, and other project costs specified in paragraph (b) part 400, Uniform Administrative terms and conditions of sale; of this section completed as part of the Requirements, Cost Principles, and (6) The proposed timeline for application. Audit Requirements for Federal Awards. completing the acquisition and (e) Cost share contributions can (b) The initial grant period will be two establishing the community forest; and include cash, in-kind services, or (7) Long term management costs and years, and acquisition of lands should donations and must: funding source(s). occur within that timeframe. The grant (e) Applications must comply with (1) Be supported by grant regulations may be reasonably extended by the the Uniform Federal Assistance described in paragraphs (a) through (d) Forest Service when necessary to Regulations (7 CFR part 3015). of this section; accommodate unforeseen circumstances (2) Not include other Federal funds in the land acquisition process. § 230.5 Ranking criteria and proposal unless specifically authorized by (c) Forest Service must approve any selection. Federal statute; amendment to a proposal or request to The Forest Service will evaluate all (3) Not include non-Federal funds reallocate funding within a grant applications received by the State used as cost share for other Federal proposal. Foresters or equivalent officials of the programs; (d) The grant recipient must comply Indian Tribes and award grants based on (4) Not include funds used to satisfy with the requirements in § 230.8(a) the following criteria: mandatory or compensatory mitigation before funds will be released. (a) Type and extent of community requirements under a Federal (e) After the grant has closed, grant benefits provided (§ 230.2); regulation, such as the Clean Water Act, recipients must provide the Forest
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Service with a Geographic Information (5) The grant recipient must provide use inconsistent with the purposes of System (GIS) shapefile: A digital, vector- all necessary due diligence the Community Forest Program, the based storage format for storing documentation to regional Forest grant recipient shall: geometric location and associated Service program managers and allow at (1) Pay the United States an amount attribute information, of Community least 60 days for review and acceptance. equal to the current sale price or the Forest Program project tracts and cost (b) At closing, record a Notice of current appraised value of the parcel, share tracts, if applicable. Grant Requirement with the deed in the whichever is greater. For the purposes (f) Any funds not expended within lands record of the local county or of the calculation in this paragraph the grant period must be de-obligated municipality. This document must: (d)(1), the parcel’s appraised value will and revert to the Forest Service for (1) State that the property (including be the parcel’s full fair market value. redistribution. cost share tracts) was purchased with The impact of subsequent (g) All media, press, signage, and Community Forest Program funds; encumbrances, such as the imposition other documents discussing the creation (2) Provide a legal description; of conservation easements consistent of the community forest must reference (3) Identify the name and address of with the purposes of the Community the partnership and financial assistance the grant recipient who is the Forest Program, will not be considered by the Forest Service through the authorized title holder; in appraising the parcel’s fair market Community Forest Program. (4) State the purpose of the value; and Community Forest Program; (2) Not be eligible for additional § 230.8 Acquisition requirements. (5) Reference the Grant Agreement grants under the Community Forest (a) Prior to closing on an acquisition, with the Forest Service (title and Program. grant recipients participating in the agreement number) and the address (e) For Indian Tribes, land acquired Community Forest Program must where it is kept on file; using a grant provided under the complete the following, which applies (6) State that the grant recipient Community Forest Program must not be to all tracts, including cost share tracts: confirms its obligation to manage the sold, converted to nonforest uses or a (1) Complete an appraisal: interest in real property pursuant to the use inconsistent with the purpose of the (i) For lands purchased with grant, the Community Forest Plan, and Community Forest Program, or Community Forest Program funds, the the purpose of the Community Forest converted to land held in trust by the appraisal must comply with Federal Program; United States on behalf of any Indian appraisal standards prior to the release (7) State that the community forest Tribe. of the grant funds. The grant recipient may not be sold and will not be (f) Every five years, grant recipients must provide documentation that the conveyed or transferred to another shall submit a self-certifying statement appraisal and associated appraisal eligible entity or encumbered in whole to the regional Forest Service Program review were conducted in a manner or in part, to another party without Manager confirming that the property consistent with the Federal appraisal permission and instructions from the has not been sold or converted to standards. Forest Service; and nonforest uses or a use inconsistent (ii) For donated cost share tracts, the (8) State that the grant recipient will with the purpose of the Community market value must be determined by an manage the interest in real property Forest Program. independent appraiser. The value needs consistent with the purpose of the (g) Grant recipients are subject to to be documented by a responsible Community Forest Program. periodic spot checks conducted by the official of the party to which the Forest Service to verify that property property is donated. § 230.9 Ownership and use requirements. acquired under the Community Forest (2) Notify the landowner in writing of (a) Grant recipients shall submit a Program has not been sold or converted the appraised value of the property and final Community Forest Plan for Forest to nonforest uses or any use inconsistent that the sale is voluntary. If the grant Service review within 120 days of the with the purpose of the Community recipient has a voluntary option for less land acquisition and update the plan Forest Program and that the current than appraised value, they do not have periodically to guide the management Community Forest Plan complies with to renegotiate the agreement. and use of the community forest. defined minimum requirements in (3) Purchase all surface and (b) Grantees are encouraged to work § 230.2. subsurface mineral rights whenever with their State Forester or equivalent possible. However, if severed mineral official of their Indian Tribe for § 230.10 Technical assistance funds. rights cannot be obtained, the grant technical assistance when developing or Community Forest Program technical recipient must follow the retention of updating the Community Forest Plan. In assistance funds may be provided to qualified mineral interest requirements addition, eligible entities are State Foresters or equivalent officials of outlined in the Internal Revenue Service encouraged to work with technical Indian Tribes through an administrative regulations (26 CFR 1.170A–14(g)(4)), specialists such as professional grant to help implement projects funded which address both surface and foresters, recreation specialists, wildlife through the Community Forest Program. subsurface minerals. biologists, and outdoor education These funds do not have a cost share (4) Ensure that title to lands acquired specialists when developing requirement. Section 7A(f) of the conforms to title standards applicable to Community Forest Plans. authorizing statute limits the funds State land acquisitions where the land (c) Grant recipients shall provide allocated to State Foresters or equivalent is located: public access in accordance with the officials of Indian Tribes for program (i) Title to lands acquired using Community Forest Plan. administration and technical assistance Community Forest Program funds must (d) Recipients must manage the to no more than 10% of all funds made not be subject to encumbrances or property in a manner consistent with available to carry out the program for agreements of any kind that would be the purposes of the Community Forest each fiscal year. Funds will only be contrary to the purpose of the Program. In the event that a grant provided to States or Indian Tribes that: Community Forest Program. recipient sells or converts a parcel of (a) Have a Community Forest Program (ii) Title insurance must not be a land acquired under the Community project funded within their jurisdiction; substitute for acceptable title. Forest Program to nonforest uses or any and
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(b) Indicate the financial need and caused thereby, please contact Cathy Obligation to Respond: Required to purpose of technical assistance in their Williams, Federal Communications obtain or retain benefits. The Community Forest Program application. Commission, Room 1–C823, 445 12th Commission has statutory authority for Dated: March 29, 2021. Street SW, Washington, DC 20554, the information collection requirements Chris French, regarding OMB Control Number 3060– under 47 U.S.C. 154, 301, 302, 303, 307, 0678. Please include the OMB Control Acting Deputy Under Secretary, Natural 309, 310, 319, 332, 605, and 721. Number in your correspondence. The Resources and Environment. Total Annual Burden: 44,988 hours. Commission will also accept your [FR Doc. 2021–06757 Filed 4–1–21; 8:45 am] comments via email at [email protected]. Total Annual Cost: $16,612,586. BILLING CODE 3411–15–P To request materials in accessible Privacy Impact Assessment: No formats for people with disabilities impact(s). (Braille, large print, electronic files, FEDERAL COMMUNICATIONS audio format), send an email to fcc504@ Nature and Extent of Confidentiality: COMMISSION fcc.gov or call the Consumer and There is no need for confidentiality Governmental Affairs Bureau at (202) pertaining to the information collection 47 CFR Part 25 418–0530 (voice), (202) 418–0432 requirements in this collection, in [GN Docket Nos. 18–122; FCC 20–22; FRS (TTY). accordance with the Commission’s 18976] Synopsis: As required by the rules, 47 CFR 0.459. Paperwork Reduction Act of 1995 (44 Needs and Uses: On March 3, 2020, Expanding Flexible Use of the 3.7 to U.S.C. 3507), the FCC is notifying the the Commission released a Report and 4.2 GHz Band public that it received final OMB Order and Order of Proposed AGENCY: Federal Communications approval on March 24, 2021, for the Modification, FCC 20–22, GN Docket Commission. information collection requirements No. 18–122, titled ‘‘Expanding Flexible contained in 47 CFR 25.138 and 25.147. ACTION: Final rule; announcement of Use of the 3.7 to 4.2 GHz Band.’’ In this compliance date. Under 5 CFR part 1320, an agency may Report and Order and Order of Proposed not conduct or sponsor a collection of Modification, the Commission updated SUMMARY: information unless it displays a current, In this document, the its rules by reforming the use of the 3.7– Commission announces that the Office valid OMB Control Number. No person 4.2 GHz band, also known as the C- of Management and Budget (OMB) has shall be subject to any penalty for failing Band. The new rules repack existing approved information collection to comply with a collection of requirements associated with the information subject to the Paperwork satellite operations into the upper 200 transition of operations in one Reduction Act that does not display a megahertz of the band (and reserve a 20 frequency band to another, adopted in current, valid OMB Control Number. megahertz guard band), making a the Federal Communications The OMB Control Number for the significant amount of spectrum—280 Commission’s (Commission) 3.7 GHz information collection requirements in megahertz or more than half of the Report and Order, FCC 20–22, and that 47 CFR 25.138 and 25.147, is 3060– band—available for flexible use compliance with the new rules is now 0678. The foregoing notice is required throughout the contiguous United required. This document is consistent by the Paperwork Reduction Act of States. The relevant rule revisions for with the 3.7 GHz Report and Order, FCC 1995, Public Law 104–13, October 1, purposes of this information collection 20–22, which states that the 1995. are the addition of §§ 25.138 and 25.147 Commission will publish a document in The total annual reporting burdens of the Commission’s rules. In updating the Federal Register announcing a and costs for the respondents are as this information collection, we are not compliance date for the new rule follows: accounting for any changes to the sections and revise the Commission’s OMB Control Number: 3060–0678. number of respondents, burden hours, rules accordingly. OMB Approval Date: March 24, 2021. and annual cost related to these rule OMB Expiration Date: March 31, DATES: Compliance with 47 CFR revisions since the addition of §§ 25.138 2024. 25.138(a) and (b) and 25.147(a) through Title: Part 25 of the Federal and 25.147 set forth rules for transition (c), published at 85 FR 22804 on April Communications Commission’s Rules of operations from one frequency band 23, 2020, is required on April 2, 2021. Governing the Licensing of, and to another. FOR FURTHER INFORMATION CONTACT: Spectrum Usage By, Commercial Earth Federal Communications Commission. Kerry Murray, Satellite Division, Stations and Space Stations. Marlene Dortch, International Bureau, at (202) 418–0734 Form Number: FCC Form 312— Secretary, Office of the Secretary. or [email protected]. Schedule A, FCC Form 312—Main, FCC SUPPLEMENTARY INFORMATION: This Form 312—Schedule B, FCC Form 312– [FR Doc. 2021–06868 Filed 4–1–21; 8:45 am] document announces that OMB R, FCC Form 312–EZ. BILLING CODE 6712–01–P approved the information collection Respondents: Business or other for- requirements in 47 CFR 25.138(a) and profit entities and Not-for-profit (b) and 25.147(a) through (c), on March institutions. 24, 2021. These rules were adopted in Number of Respondents and the 3.7 GHz Report and Order, FCC 20– Responses: 6,524 respondents; 6,573 22, published at 85 FR 22804 on April responses. 23, 2020. The Commission publishes Estimated Time per Response: 0.5–80 this document as an announcement of hours. the compliance date of these new rules. Frequency of Response: On occasion, If you have any comments on the one time, and annual reporting burden estimates listed below, or how requirements; third-party disclosure the Commission can improve the requirement; recordkeeping collections and reduce any burdens requirement.
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DEPARTMENT OF HOMELAND 2. Other technical corrections not as contracts for medical and dental care SECURITY a result of the Title 41 recodification, under 10 U.S.C. 1091. Section 1091, include the following: however, during the early transition 48 CFR Parts 3001, 3002, 3003, 3004, a. The position title ‘‘Contracting period of DHS, identified USCG as a 3005, 3006, 3007, 3009, 3010, 3011, Officer’s Technical Representative’’ is Department of Transportation 3012, 3013, 3015, 3016, 3017, 3018, replaced with ‘‘Contracting Officer’s component. During this transition 3019, 3022, 3023, 3024, 3025, 3027, Representative’’, and the abbreviation period, 6 U.S.C. 552(d) was used to 3028, 3030, 3031, 3032, 3033, 3034, ‘‘COTR’’ is replaced with ‘‘COR’’ identify newly transferred Components 3035, 3036, 3037, 3042, 3046, 3047, throughout the HSAR for consistency that appeared in statutes, documents, 3052, and 3053 with the FAR. executive orders, regulations, etc., as b. Section 3001.105–2 is revised to part of other agencies, as DHS [HSAR Case 2016–001] add U.S. Citizenship and Immigration Components. Section 1091 has since Services as a DHS Component; been revised and now the USCG Homeland Security Acquisition c. Section 3001.105–3 is revised to correctly appears under the jurisdiction Regulation; Administrative Matters remove an outdated Uniform Resource of DHS. As a result, the reference to 6 Locator (URL) and clarify where to U.S.C. 552(d) in this section is no longer AGENCY: Office of the Chief Procurement access the HSAR in electronic form. necessary. Officer, Department of Homeland d. Section 3001.304 is revised to: j. In section 3006.302–270, paragraphs Security (DHS). 1. In paragraph (a), make editorial (d)(1)(iii)(A) and (B), the reference to ACTION: Final rule. changes to clarify the Component http://www.fema.gov/news/ procedures for incorporating disasters.fema#sev2 is removed as the SUMMARY: This final rule amends the Component-specific regulations or page no longer exists and the link is Homeland Security Acquisition provisions and clauses the Component unnecessary. Regulation (HSAR) to conform intends to use on a repetitive basis into k. Section 3009.108–7005 is revised to references throughout the HSAR to the the HSAR. The term ‘‘supplement’’ is replace ‘‘Clause’’ in the section header Positive Law Codification of Title 41, used in paragraph (a) multiple times with ‘‘Provision’’, and to remove ‘‘and and to provide needed editorial and in different ways, making the contracts’’ at the end of the paragraph. changes. This final rule does not alter instructions difficult to follow. In In accordance with FAR part 2, substantive rights or obligations under addition, the text is clarified to specify Definitions, a contract clause is a term current law. who signs Component-specific or condition used in contracts or in both DATES: This final rule is effective on regulations, as well as other internal solicitations and contracts, that apply May 3, 2021. procedures. after contract award or both before and 2. In paragraph (c), make editorial FOR FURTHER INFORMATION CONTACT: after award. Alternatively, a provision is changes to clarify that the HSAR is the Nancy Harvey, Procurement Analyst, a term or condition used only in agency acquisition regulation for which DHS, Office of the Chief Procurement solicitations and that applies only the CPO approves the incorporation of Officer, Acquisition Policy and before contract award. Section proposed regulatory coverage. Legislation, (202) 642–0500 or email 3009.108–7005 prescribes instructions e. Section 3002.101 is revised to (1) [email protected]. When using email, covering the use of section 3052.209–70, identify, in the definition of include HSAR Case 2016–001 in the and references it as a clause. However, Component, U.S. Citizenship and ‘‘Subject’’ line. section 3052.209–70 is a provision Immigration Services (USCIS) as a DHS because it is a term that is used only in SUPPLEMENTARY INFORMATION: Component; (2) add the title of the Head solicitations, before contract award. For of the Contracting Activity (HCA) for I. Background this reason, the reference in section USCIS to the list of DHS HCAs; (3) 3009.108–7005 to section 3052.209–70 On January 4, 2011, Public Law 111– clarify the definition of legal counsel to as a provision in all solicitations and 350 enacted a new codified version of include Component legal offices; and (4) contracts is inaccurate. Title 41 United States Code (U.S.C.), update the definition of Senior entitled ‘‘Public Contracts.’’ The Procurement Executive for consistency l. Section 3009.470–1 is revised to purpose of this final rule is to update all with DHS delegations. correct the spelling of ‘‘sub-elements.’’ references to Title 41 in the HSAR to f. Section 3002.270 is revised to: m. Section 3009.507–1 is revised to conform to the positive law codification 1. Remove ‘‘COTR Contracting replace ‘‘provision’’ in the header and in and to implement technical updates Officer’s Technical Representative’’. The the first sentence, to read ‘‘clause.’’ As throughout the HSAR. The HSAR abbreviation and term are obsolete. noted above, in accordance with FAR establishes uniform policies and 2. Remove ‘‘KO Contracting officer.’’ part 2, Definitions, a contract clause is procedures for all acquisition activities The abbreviation does not appear in the a term or condition used in contracts or within DHS. The edits made by this rule HSAR. in both solicitations and contracts, that are entirely administrative and technical g. Section 3003.101–3 is amended to apply after contract award or both in nature and will not result in any add a reference to the more recently before and after award. Alternatively, a substantive effects on DHS or other issued DHS supplemental ethics provision is a term or condition used entities. regulation at 5 CFR part 4601. only in solicitations and that applies h. Section 3003.1003, paragraph (a), is only before contract award. Section II. Discussion and Analysis revised to add a direct link to the 3009.507–1 prescribes instructions DHS amends the HSAR as follows: electronic contractor disclosure form. covering the use of section 3052.209–72, 1. Numerous corrections to authority i. Section 3005.9000 is revised to and references it as a provision. citations to conform the HSAR to the remove the reference to 6 U.S.C. 552(d). However, section 3052.209–72 is a Positive Law Codification of Title 41, Section 3005.9000 covers publicizing clause because it is a term that is used United States Code, ‘‘Public Contracts.’’ United States Coast Guard (USCG) in both solicitations and contracts, that The codification of Title 41 was enacted personal services contracts. USCG is is, both before and after contract award. on January 4, 2011. authorized to issue personal services For this reason, the reference in section
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3009.507–1 to section 3052.209–70 as a to the Government’’ to add a hyphen III. Notice and Comment provision is inaccurate. between ‘‘fixed’’ and ‘‘price’’. This rule makes administrative n. Subpart 3011.6, consisting of v. For part 3052: changes that do not require notice and section 3011.602, is removed and (1) Section 3052.101 is amended to, in comment procedures, consistent with 41 reserved. DHS Delegation 9053, the Note, update a URL and remove an U.S.C. 1707, 48 CFR 1.301, and related Delegation of Authority Regarding the outdated reference. authority. The changes will not have a Defense Priorities and Allocations (2) Section 3052.203–70 is revised to significant effect on any party, and will System, delegates certain authorities clarify the instructions for submitting not have a significant cost or under the Department of Commerce’s disclosures of violations and the method administrative impact on contractors or Defense Priorities and Allocations for submitting disclosures. offerors. System (DPAS) Delegation 4 to (3) Section 3052.209–70 is revised in designated officials within DHS. the introductory paragraph, in the IV. Executive Orders 12866 and 13563 Subpart 3011.6 does not list all of the introductory paragraph for paragraph Executive Orders 13563 (‘‘Improving enumerated parties in the Delegation. (b), and at the end of the provision, to Regulation and Regulatory Review’’) Because this guidance is already remove ‘‘clause’’ and replace it with and 12866 (‘‘Regulatory Planning and included in DHS Delegation 9053, this ‘‘provision’’. Review’’) direct agencies to assess the subpart is no longer needed. (4) Section 3052.209–71, paragraph costs and benefits of available regulatory o. Section 3018.109 is revised to (a), is revised to correct the spelling of alternatives and, if regulation is remove ‘‘(See (HSAR) 48 CFR ‘‘sub-elements’’. necessary, to select regulatory 3011.602.)’’ for consistency with the (5) Section 3052.209–72 is revised to approaches that maximize net benefits revisions described above with respect remove the word ‘‘provision’’, and (including potential economic, to 48 CFR 3011.602. replace it with the word ‘‘clause’’ in the environmental, public health and safety p. Section 3022.101–70, paragraph (b), introductory paragraph, and in effects, distributive impacts, and is revised to replace the word paragraphs (c), (d) and (f). In accordance equity). Executive Order 13563 ‘‘coordinator’’ with ‘‘advisor’’ in the first with FAR part 2, Definitions, a contract emphasizes the importance of sentence to correct the DHS labor clause is a term or condition used in quantifying both costs and benefits, of advisor’s position title. contracts or in both solicitations and reducing costs, of harmonizing rules, q. Section 3022.406–9, paragraph contracts, that applies after contract and of promoting flexibility. (c)(1) is amended to replace award or both before and after award. The Office of Management and Budget ‘‘Comptroller General’’ with ‘‘Secretary Alternatively, a provision is a term or (OMB) has not designated this rule a of Labor’’, and to remove the last condition used only in solicitations and ‘‘significant regulatory action,’’ under sentence of the paragraph in its entirety. that applies only before contract award. section 3(f) of Executive Order 12866. FAC 2005–78, effective December 16, Section 3052.209–72, paragraphs (f) and Accordingly, OMB has not reviewed it. 2014, amended FAR 22.406–9 to (g), prescribe terms to which the DHS has determined that the rule will implement Public Law 113–50, which contractor must comply post-award. not create an economic impact. The transferred certain authorities for Therefore, section 3052.209–72 is a changes made by this rule are entirely construction wage under-payments from clause. administrative and technical in nature the Government Accountability Office (6) The lists in section 3052.212–70 and will not result in any substantive to the Department of Labor by requiring are corrected to properly identify effects on DHS or other entities. that wage underpayments be sent to the provisions and clauses. Section V. Regulatory Flexibility Act Secretary of Labor, and by removing 3052.212–70 is also corrected to add standard form (SF) 1093 from the FAR. 3052.205–70, Alternate I, to the list of As noted above, the administrative r. Section 3023.1004 is amended to (1) provisions and clauses. While section changes made by this rule do not correct the titles of ‘‘DHS Directive 023– 3052.205–70 is listed, 3052.205–70, require notice-and-comment 02 Environmental Compliance Program’’ Alternate I, is not. Because section rulemaking. Accordingly, the and ‘‘DHS Directive 025–01, Sustainable 3052.205–70 is listed, its alternate must procedural requirements of the Practices for Environmental Energy and be as well. Regulatory Flexibility Act do not apply. Transportation.’’ The correct titles are, (7) Section 3052.217–96, in paragraph See 5 U.S.C. 604, 48 CFR 1.301(c). respectively, ‘‘DHS Directive 023–02, (b), is revised to remove ‘‘s’’ at the end VI. Paperwork Reduction Act Environmental Management Program’’ of the term ‘‘equipments’’. and ‘‘DHS Directive 025–01, Sustainable (8) Section 3052.219–71, in the This final rule does not contain any Practices.’’ In addition, in the second introductory paragraph, is revised to information collection requirements that sentence, the rule is amended to (a) redesignate the paragraph for require the approval of the Office of replace the term ‘‘green purchasing’’ consistency with HSAR Case 2017–001, Management and Budget under the with ‘‘sustainable acquisition’’ for Rescinding Department of Homeland Paperwork Reduction Act (44 U.S.C. consistency with FAR part 23 and DHS Security Acquisition Regulation (HSAR) Chapter 35). Directive 025–01, and (b) remove a Clause 3052.219–70, Small Business List of Subjects reference to an obsolete Executive Subcontracting Plan Reporting. Order. (9) Section 3052.219–72, in the 48 CFR Parts 3001, 3002, 3003, 3004, s. Section 3024.203 is revised to add introductory paragraph, is revised to 3005, 3006, 3007, 3009, 3010, 3011, an ‘‘s’’ at the end of the word ‘‘request’’. redesignate the paragraph for 3012, 3013, 3015, 3016, 3017, 3018, t. Section 3033.211 is revised to consistency with HSAR Case 2017–001, 3019, 3022, 3023, 3024, 3025, 3027, and clarify the methods of delivery for Rescinding Department of Homeland 3028 submitting claims or disputes to the Security Acquisition Regulation (HSAR) Government procurement. Civilian Board of Contract Appeals Clause 3052.219–70, Small Business (CBCA). Subcontracting Plan Reporting. 48 CFR Parts 3030, 3031, and 3032 u. Section 3046.790–2 is amended in w. Section 3053.303 is amended to Accounting, Government the definition for ‘‘At no additional cost update the URL to access DHS forms. procurement.
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48 CFR Parts 3033, 3034, 3035, 3036, internal Component issued guidance Head of the Contracting Activity and 3037 that does not go beyond internal (HCA) means the official who has Government procurement. operating procedures and does not have overall responsibility for managing the a significant cost or administrative contracting activity. For DHS, the HCAs 48 CFR Part 3042 impact on contractors or offerors. are: Accounting, Government Supplementation should be kept to a (1) Director, Office of Procurement procurement. minimum. Any Component that seeks a Operations (OPO); component-specific regulation or that (2) Director, Office of Selective 48 CFR Part 3046, 3047, 3052, and 3053 intends to use a solicitation provision or Acquisitions (OSA); Government procurement. a contract clause on a repetitive basis (3) Director, Office of Acquisition must prepare and coordinate a draft rule Management (FEMA); Soraya Correa, with Component legal counsel and (4) Chief, Procurement Division Chief Procurement Officer, Department of obtain HCA approval, which is non (FLETC); Homeland Security. delegable. The HCA must forward the (5) Assistant Administrator for For reasons set out in the preamble, draft rule to the CPO for concurrence Contracting & Procurement (TSA); DHS amends chapter 30 of title 48 of the prior to further action in accordance (6) Chief, Office of Contracting Code of Federal Regulations as set forth with DHS regulatory clearance (USCIS); below. procedures. If approved, the CPO or (7) Director of Contracting and designee, will sign the Component- Procurement (USCG); PART 3001—FEDERAL ACQUISITION specific regulation and it will be (8) Deputy Assistant Commissioner, REGULATIONS SYSTEM integrated into the HSAR. Office of Acquisition (CBP); ■ 1. Revise the authority citation for part (b) [Reserved] (9) Director, Office of Acquisition 3001 to read as follows: (c) The CPO is responsible for Management (ICE); and evaluating all proposed regulatory (10) Chief, Procurement Operations Authority: 5 U.S.C. 301–302, 41 U.S.C. coverage in the HSAR to determine if (USSS). 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 CFR subpart 1.3. the substance could apply to other * * * * * agencies and to make recommendation Legal counsel means the Department ■ 2. Amend section 3001.105–2 by for inclusion in the FAR. of Homeland Security Office of the adding an entry in alphabetical order for General Counsel, which includes ‘‘U.S. Citizenship and Immigration PART 3002—DEFINITIONS OF WORDS Component offices providing legal Services (USCIS)’’ in paragraph (a) to AND TERMS services to the contracting organization. read as follows: ■ 5. Revise the authority citation for part * * * * * 3001.105–2 Arrangement of regulations. 3002 to read as follows: Senior Procurement Executive (SPE) (a) * * * for the Department of Homeland U.S. Citizenship and Immigration Authority: 5 U.S.C. 301–302, 41 U.S.C. Security means the individual 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 appointed pursuant to 41 U.S.C. Services (USCIS); CFR subpart 1.3. 1702(c). The SPE is responsible for the * * * * * ■ ■ 6. Amend section 3002.101 by management direction of the 3. Revise section 3001.105–3 to read revising the definitions of as follows: procurement system of DHS, including ‘‘Component’’, ‘‘Head of the Contracting implementation of the unique 3001.105–3 Copies. Activity (HCA)’’, ‘‘Legal counsel’’, and procurement policies, regulations, and Official versions of the HSAR are ‘‘Senior Procurement Executive (SPE) standards of DHS. The DHS Chief available in the Code of Federal for the Department of Homeland Procurement Officer (CPO) is the SPE Regulations, as supplemented and Security’’ to read as follows: for DHS and is the only individual revised from time to time by the Federal 3002.101 Definitions. within DHS that bears the title of the Register, both of which are available CPO. * * * * * from the Government Publishing Office * * * * * Component means the following in paper form. The HSAR is also entities for purposes of this chapter: available in electronic form at https:// 3002.270 [Amended] (1) DHS Management (MGMT), www.ecfr.gov/. The Homeland Security ■ 7. Amend section 3002.270 by including the Office of Procurement Acquisition Manual (HSAM), which removing the entries for ‘‘COTR Operations (OPO) and the Office of complements the HSAR, can also be Contracting Officer’s Technical Selective Acquisitions (OSA); found at http://www.dhs.gov. Representative’’ and ‘‘KO Contracting (2) Federal Emergency Management ■ officer’’ from the list. 4. Revise section 3001.304 to read as Agency (FEMA); follows: (3) Federal Law Enforcement Training PART 3003—IMPROPER BUSINESS 3001.304 Agency control and compliance Center (FLETC); PRACTICES AND PERSONAL procedures. (4) Transportation Security CONFLICTS OF INTEREST (a) The HSAR is under the direct Administration (TSA); oversight and control of the DHS, Office (5) U.S. Citizenship and Immigration ■ 8. Revise the authority citation for part of the Chief Procurement Officer Services (USCIS); 3003 to read as follows: (OCPO), which is responsible for (6) U.S. Coast Guard (USCG); Authority: 5 U.S.C. 301–302, 41 U.S.C. evaluation, review, and issuance of all (7) U.S. Customs and Border 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 Department-wide acquisition Protection (CBP); CFR subpart 1.3. regulations and guidance in accordance (8) U.S. Immigration and Customs with DHS regulatory clearance Enforcement (ICE); and 3003.101–3 [Amended] procedures, as applicable. Each HCA (9) U.S. Secret Service (USSS). ■ 9. Amend 3003.101–3 by removing may supplement the HSAR with * * * * * the words ‘‘Management Directive
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0480.1, Ethics/Standards of Conduct’’ ■ a. Revising the section heading; and PART 3017—SPECIAL CONTRACTING and adding the words ‘‘a supplemental ■ b. Removing the words ‘‘and METHODS ethics regulation at 5 CFR part 4601 and contracts’’ at the end of the section. Management Directive 0480.1, Ethics/ The revision reads as follows: ■ 27. Revise the authority citation for Standards of Conduct’’ in their place. part 3017 to read as follows: 3009.108–7005 Provision. 3003.1003 [Amended] Authority: 5 U.S.C. 301–302, 41 U.S.C. * * * * * 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 ■ 10. Amend 3003.1003, in paragraph 3009. 470–1 [Amended] CFR subpart 1.3. (a), by adding ‘‘or https:// www.oig.dhs.gov/reports/publications/ ■ 19. Amend 3009.470–1 by removing PART 3018—EMERGENCY annual/contractor-disclosure’’ after ‘‘subelements’’ and adding ‘‘sub- ACQUISITIONS ‘‘http://www.oig.dhs.gov’’. elements’’ in its place. ■ ■ 20. Amend 3009.507–1 by: 28. Revise the authority citation for PART 3004—ADMINISTRATIVE ■ a. Revising the section heading; and part 3018 to read as follows: MATTERS ■ b. Removing the word ‘‘provision’’ in Authority: 5 U.S.C. 301–302, 41 U.S.C. ■ the first sentence and adding the word 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 11. Revise the authority citation for CFR subpart 1.3. part 3004 to read as follows: ‘‘clause’’ in its place. The revision reads as follows: Authority: 5 U.S.C. 301–302, 41 U.S.C. 3018.109 [Amended] 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 3009. 507–1 Solicitation clause. ■ 29. Amend 3018.109 by removing CFR subpart 1.3. * * * * * ‘‘(See (HSAR) 48 CFR 3011.602.)’’. PART 3005—PUBLICIZING CONTRACT PART 3011—DESCRIBING AGENCY PART 3019—SMALL BUSINESS ACTIONS NEEDS PROGRAMS ■ 12. Revise the authority citation for ■ ■ 30. Revise the authority citation for part 3005 to read as follows: 21. Revise the authority citation for part 3011 to read as follows: part 3019 to read as follows: Authority: 5 U.S.C. 301–302, 41 U.S.C. Authority: 5 U.S.C. 301–302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 Authority: 5 U.S.C. 301–302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 CFR subpart 1.3. 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 CFR subpart 1.3. CFR subpart 1.3. 3005.9000 [Amended] PART 3022—APPLICATION OF LABOR ■ Subpart 3011–6 [Removed and 13. Amend section 3005.9000 by Reserved] LAWS TO GOVERNMENT removing ‘‘as amended by section ACQUISITIONS 1512(d) of the Homeland Security Act, ■ 22. Subpart 3011.6, consisting of 6 U.S.C. 552(d),’’. section 3011.602, is removed and ■ 31. Revise the authority citation for reserved. part 3022 to read as follows: PART 3006—COMPETITION REQUIREMENTS Authority: 5 U.S.C. 301–302, 41 U.S.C. PART 3012—ACQUISITION OF 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 COMMERCIAL ITEMS ■ 14. Revise the authority citation for CFR subpart 1.3. part 3006 to read as follows: ■ 23. Revise the authority citation for 3022.101–70 [Amended] Authority: 5 U.S.C. 301–302, 41 U.S.C. part 3012 to read as follows: ■ 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 32. Amend 3022.101–70, in the first CFR subpart 1.3. Authority: 5 U.S.C. 301–302, 41 U.S.C. sentence in paragraph (b), by removing 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 ‘‘DHS labor coordinator’’ and adding 3006.302–270 [Amended] CFR subpart 1.3. ‘‘DHS labor advisor’’ in its place. ■ 15. Amend section 3006.302–270, in PART 3013—[REMOVED AND ■ 33. Amend 3022.406–9 by revising paragraphs (d)(1)(iii)(A) and (B), by RESERVED] paragraph (c)(1) to read as follows: removing ‘‘(see http://www.fema.gov/ news/disasters.fema#sev2 for a list of ■ 24. Under the authority of 41 U.S.C. 3022.406–9 Withholding from or suspension of contract payments. declarations)’’. 1702, part 3013 is removed and reserved. (c) * * * PART 3007—ACQUISITION PLANNING (1) Forwarding wage underpayments PART 3015—CONTRACTING BY to the Secretary of Labor. The ■ 16. Revise the authority citation for NEGOTIATION contracting officer shall ensure that a part 3007 to read as follows: completed DHS Form 700–4, Employee Authority: 5 U.S.C. 301–302, 41 U.S.C. ■ 25. Revise the authority citation for Claim for Wage Restitution, is obtained 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 part 3015 to read as follows: from each employee claiming restitution CFR subpart 1.3. Authority: 5 U.S.C. 301–302, 41 U.S.C. under the contract. PART 3009—CONTRACTOR 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 CFR subpart 1.3. PART 3023—ENVIRONMENT, ENERGY QUALIFICATIONS AND WATER EFFICIENCY, PART 3016—TYPES OF CONTRACTS RENEWABLE ENERGY ■ 17. Revise the authority citation for TECHNOLOGIES, OCCUPATIONAL part 3009 to read as follows: ■ 26. Revise the authority citation for SAFETY, AND DRUG-FREE Authority: 5 U.S.C. 301–302, 41 U.S.C. part 3016 to read as follows: WORKPLACE 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 Authority: 5 U.S.C. 301–302, 41 U.S.C. CFR subpart 1.3. 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 ■ 34. Revise the authority citation for ■ 18. Amend section 3009.108–7005 by: CFR subpart 1.3. part 3023 to read as follows:
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Authority: 5 U.S.C. 301–302, 41 U.S.C. PART 3030—COST ACCOUNTING PART 3036—CONSTRUCTION AND 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 STANDARDS ADMINISTRATION ARCHITECT-ENGINEER CONTRACTS CFR subpart 1.3. ■ 41. Revise the authority citation for ■ 48. Revise the authority citation for ■ 35. Revise section 3023.1004 to read part 3030 to read as follows: part 3036 to read as follows: as follows: Authority: 5 U.S.C. 301–302, 41 U.S.C. Authority: 5 U.S.C. 301–302, 41 U.S.C. 3023.1004 Requirements. 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 CFR subpart 1.3. CFR subpart 1.3. DHS Directive 023–02, Environmental Management Program, provides PART 3031—CONTRACT COST PART 3037—SERVICE CONTRACTING guidance and direction for compliance PRINCIPLES AND PROCEDURES with environmental laws, regulations ■ 49. Revise the authority citation for and executive orders. DHS Directive ■ 42. Revise the authority citation for part 3037 to read as follows: 025–01, Sustainable Practices, provides part 3031 to read as follows: Authority: 5 U.S.C. 301–302, 41 U.S.C. guidance and direction for compliance Authority: 5 U.S.C. 301–302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 with sustainable acquisition and other 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 CFR subpart 1.3. sustainable practices. Contracting CFR subpart 1.3. officers shall ensure that solicitations PART 3042—CONTRACT and contracts contain appropriate PART 3032—CONTRACT FINANCING ADMINISTRATION AND AUDIT sustainable practices requirements, SERVICES provisions and clauses. Contractors ■ 43. Revise the authority citation for shall comply with the DHS sustainable part 3032 to read as follows: ■ 50. Revise the authority citation for acquisition and environmental policy by Authority: 5 U.S.C. 301–302, 41 U.S.C. part 3042 to read as follows: taking appropriate actions to eliminate 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 Authority: 5 U.S.C. 301–302, 41 U.S.C. or reduce their impacts on the CFR subpart 1.3. 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 environment. CFR subpart 1.3. PART 3033—PROTESTS, DUTIES, AND PART 3024—PROTECTION OF APPEALS Subpart 3042.70 Contracting Officer’s PRIVACY AND FREEDOM OF Representative INFORMATION ■ 44. Revise the authority citation for part 3033 to read as follows: ■ 51. Revise the heading for subpart ■ 36. Revise the authority citation for Authority: 5 U.S.C. 301–302, 41 U.S.C. 3042.70 to read as set forth above. part 3024 to read as follows: 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 3042.7000 [Amended] Authority: 5 U.S.C. 301–302, 41 U.S.C. CFR subpart 1.3. ■ 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 ■ 45. Revise section 3033.211 to read as 52. Amend section 3042.7000 by CFR subpart 1.3. follows: removing ‘‘Contracting Officer’s Technical Representative’’ and adding 3024.203 [Amended] 3033.211 Contracting officer’s decision. ‘‘Contracting Officer’s Representative’’ in its place. ■ 37. Amend section 3024.203, in the For DHS contracts, the Board of second sentence in paragraph (a), by Contract Appeals (BCA) noted in (FAR) PART 3046—QUALITY ASSURANCE removing ‘‘request’’ and adding 48 CFR 33.211 is the Civilian Board of ‘‘requests’’ in its place. Contract Appeals (CBCA). The Board’s ■ 53. Revise the authority citation for address for each method of filing is as part 3046 to read as follows: PART 3025—FOREIGN ACQUISITION follows: Authority: 5 U.S.C. 301–302, 41 U.S.C. (a) For e-file: [email protected]. 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 ■ 38. Revise the authority citation for (b) U.S. Postal Service Mail: 1800 F CFR subpart 1.3. part 3025 to read as follows: Street NW, Washington, DC 20405. 3046.790–2 [Amended] Authority: 5 U.S.C. 301–302, 41 U.S.C. (c) Overnight or Courier Delivery: 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 1800 M Street NW, Room 600 South, ■ 54. Amend section 3046.790–2, in the CFR subpart 1.3. Washington, DC 20036. definition of ‘‘At no additional cost to the Government’’, by removing ‘‘fixed PART 3027—PATENTS, DATA, AND PART 3034—MAJOR SYSTEM price’’ and adding ‘‘fixed-price’’ in its COPYRIGHTS ACQUISITION place. ■ ■ 39. Revise the authority citation for 46. Revise the authority citation for PART 3047—TRANSPORTATION part 3027 to read as follows: part 3034 to read as follows: Authority: 5 U.S.C. 301–302, 41 U.S.C. ■ 55. Revise the authority citation for Authority: 5 U.S.C. 301–302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 part 3047 to read as follows: 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 CFR subpart 1.3. CFR subpart 1.3. Authority: 5 U.S.C. 301–302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 PART 3035—RESEARCH AND CFR subpart 1.3. PART 3028—BONDS AND INSURANCE DEVELOPMENT CONTRACTING PART 3052—SOLICITATION ■ 40. Revise the authority citation for ■ 47. Revise the authority citation for PROVISIONS AND CONTRACT part 3028 to read as follows: part 3035 to read as follows: CLAUSES Authority: 5 U.S.C. 301–302, 41 U.S.C. Authority: 5 U.S.C. 301–302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 ■ 56. Revise the authority citation for CFR subpart 1.3. CFR subpart 1.3. part 3052 to read as follows:
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Authority: 5 U.S.C. 301–302, 41 U.S.C. 3052.209–72 [Amended] __3052.228–90 Notification of Miller Act 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 ■ Payment Bond Protection. (USCG) CFR subpart 1.3. 62. Amend section 3052.209–72: __3052.228–91 Loss of or Damage to Leased ■ a. In the introductory text and Aircraft. (USCG) 3052.101 [Amended] paragraphs (c)(2), (d), and (f), by __3052.228.92 Fair Market Value of removing the word ‘‘provision’’ and ■ 57. Amend section 3052.101, in the Aircraft. (USCG) adding the word ‘‘clause’’ in its place; __3052.228–93 Risk and Indemnities. note to 3052.101, by removing ‘‘http:// and (USCG) www.dhs.gov/xopnbiz/ under Policy __ ■ b. Removing, at the end of the section, 3052.236–70 Special Provisions for Work and Regulations, Homeland Security ‘‘(End of provision)’’ and adding ‘‘(End at Operating Airports. Acquisition Regulation (HSAR)’’ and __3052.242–72 Contracting Officer’s of clause)’’ in its place. adding ‘‘https://www.dhs.gov/ Representative. publication/hsar-provision-and-clause- ■ 63. Amending section 3052.212–70 by matrix’’ in its place. revising paragraphs (a) and (b) of the (End of clause) clause to read as follows: * * * * * ■ 58. Revise 3052.203–70 to read as follows: 3052.212–70 Contract terms and 3052.217–92 [Amended] conditions applicable to DHS acquisition of 3052.203–70 Instructions for Contractor commercial items. ■ 64. Amend section 3052.217–92, in Disclosure of Violations. * * * * * paragraph (e)(9), by removing the As prescribed in (HSAR) 48 CFR acronym ‘‘COTR’’ and adding ‘‘COR’’ in 3003.1004(a), insert the following Contract Terms and Conditions Applicable its place. to DHS Acquisition of Commercial Items clause: (Sep 2012) 3052.217–96 [Amended] Instructions for Contractor Disclosure of (a) Provisions. ■ 65. Amend section 3052.217–96, in Violations (Sep 2012) __3052.216–70 Evaluation of Offers Subject paragraph (b), by removing When making a written disclosure under to An Economic Price Adjustment ‘‘equipments’’ and adding ‘‘equipment’’ the clause at FAR 52.203–13, paragraph Clause. in its place. (b)(3), the Contractor may submit the __3052.219–72 Evaluation of Prime disclosure to the Department of Homeland Contractor Participation in the DHS 3052.219–71 [Amended] Security Office of Inspector General using the Mentor Prote´ge´ Program. methods described at https:// __3052.247–70 F.o.B. Origin Information. ■ 66. Amend section 3052.219–71, in www.oig.dhs.gov/hotline or https:// __Alternate I the introductory text, by removing ‘‘48 www.oig.dhs.gov/reports/publications/ __Alternate II CFR 3019.708–70(b)’’ and adding ‘‘48 annual/contractor-disclosure, and submit the __3052.247–71 F.o.B. Origin Only. CFR 3019.708–70(a)’’ in its place. disclosure electronically to the Department of __3052.247–72 F.o.B. Destination Only. Homeland Security Office of Inspector (b) Clauses. 3052.219–72 [Amended] General. The Contractor shall provide a copy __3052.203–70 Instructions for Contractor ■ of the disclosure to the Contracting Officer by 67. Amend section 3052.219–72, in Disclosure of Violations. email or facsimile on the same business day the introductory text, by removing ‘‘48 __3052.204–70 Security Requirements for as the submission to the Office of Inspector CFR 3019.708–70(c)’’ and adding ‘‘48 Unclassified Information Technology General. The Contractor shall provide the CFR 3019.708–70(b)’’ in its place. Resources. Contracting Officer a concurrent copy of any __3052.204–71 Contractor Employee ■ 68. Revise section 3052.242–72 to supporting materials submitted to the Office Access. read as follows: of Inspector General. __Alternate I __ 3052.242–72 Contracting officer’s (End of clause) 3052.205–70 Advertisement, Publicizing Awards, and Releases. representative. 3052.204–71 [Amended] __Alternate I As prescribed in (HSAR) 48 CFR __3052.209–72 Organizational Conflicts of 3042.7000, insert the following clause: ■ 59. Amend section 3052.204–71, in Interest. Alternate I: __3052.209–73 Limitation on Future Contracting Officer’s Representative (Dec ■ Contracting. 2003) a. In paragraph (g), by removing __ ‘‘Contracting Officer’s Technical 3052.215–70 Key Personnel or Facilities. (a) The Contracting Officer may designate __3052.216–71 Determination of Award Government personnel to act as the Representative (COTR)’’ and adding the Fee. term ‘‘Contracting Officer’s Contracting Officer’s Representative (COR) to __3052.216–72 Performance Evaluation perform functions under the contract such as Representative (COR)’’ in its place; and Plan. review or inspection and acceptance of ■ b. In paragraph (h), in two places, by __3052.216–73 Distribution of Award Fee. supplies, services, including construction, removing the acronym ‘‘COTR’’ and __3052.217–91 Performance. (USCG) and other functions of a technical nature. The adding ‘‘COR’’ in its place. __3052.217–92 Inspection and Manner of Contracting Officer will provide a written Doing Work. (USCG) notice of such designation to the Contractor 3052.209–70 [Amended] __3052.217.93 Subcontracts. (USCG) within five working days after contract award __3052.217.94 Lay Days. (USCG) ■ or for construction, not less than five working 60. Amend section 3052.209–70, in __3052.217–95 Liability and Insurance. days prior to giving the contractor the notice the introductory text and in paragraphs (USCG) to proceed. The designation letter will set (a) and (b), by removing the word __3052.217–96 Title. (USCG) forth the authorities and limitations of the ‘‘clause’’ and adding the word __3052.217.97 Discharge of Liens. (USCG) COR under the contract. ‘‘provision’’ in its place. __3052.217–98 Delays. (USCG) (b) The Contracting Officer cannot __3052.217–99 Department of Labor Safety authorize the COR or any other 3052.209–71 [Amended] and Health Regulations for Ship Repair. representative to sign documents, such as (USCG) ■ 61. Amend section 3052.209–71, in contracts, contract modifications, etc., that __3052.217–100 Guarantee. (USCG) require the signature of the Contracting paragraph (a), by removing __3052.219–71 DHS Mentor Prote´ge´ Officer. ‘‘subelements’’ and adding ‘‘sub- Program. elements’’ in its place. __3052.228–70 Insurance. (End of clause)
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PART 3053—FORMS Amendment 34) may be obtained from the sites, thereby increasing available www.regulations.gov or from the NMFS catch for fishermen, such as those ■ 69. Revise the authority citation for Southeast Regional Office website at fishing under recreational harvest part 3053 to read as follows: https://www.fisheries.noaa.gov/action/ limits. Authority: 5 U.S.C. 301–302, 41 U.S.C. regulatory-amendment-34-special- The North Carolina Division of 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 management-zones-smz. Regulatory Marine Fisheries (NCDMF) and the CFR subpart 1.3. Amendment 34 includes an South Carolina Department of Natural Resources (SCDNR) requested that the ■ 70. Amend section 3053.303 by environmental assessment, regulatory impact review, and Regulatory Council designate artificial reefs located revising the introductory text to read as in the EEZ off their respective coasts as follows: Flexibility Analysis (RFA). FOR FURTHER INFORMATION CONTACT: Rick SMZs. Following a review of the 2053.303 Agency forms. DeVictor, NMFS Southeast Regional requests, the Council developed This section illustrates agency- Office, telephone: 727–824–5305, or Regulatory Amendment 34 that would specified forms. To access the DHS email: [email protected]. create 34 new SMZs—30 off North Carolina and 4 off South Carolina. The forms go to https://www.dhs.gov/ SUPPLEMENTARY INFORMATION: NMFS and Council determined that the actions in publication/acquisition-forms. the Council manage the snapper-grouper Regulatory Amendment 34 will enhance fishery under the Snapper-Grouper * * * * * the fishing experience at the artificial [FR Doc. 2021–06176 Filed 4–1–21; 8:45 am] FMP. The Snapper-Grouper FMP was reef sites for recreational fishermen and BILLING CODE 4410–10–P prepared by the Council and is that will further promote the original implemented by NMFS through intent of North Carolina and South regulations at 50 CFR part 622 under the Carolina for placing the artificial reefs at authority of the Magnuson-Stevens DEPARTMENT OF COMMERCE the sites. The purpose of Regulatory Fishery Conservation and Management Amendment 34 and this final rule is to Act (Magnuson-Stevens Act) (16 U.S.C. National Oceanic and Atmospheric designate these sites as SMZs and to 1801 et seq.). Administration restrict fishing gear that could result in On November 16, 2020, NMFS high exploitation rates to reduce published the proposed rule for 50 CFR Part 622 potential adverse biological effects to Regulatory Amendment 34 in the federally managed snapper-grouper [Docket No. 210325–0070] Federal Register and requested public species and enhance recreational fishing comment (85 FR 73013). Regulatory RIN 0648–BJ93 opportunities at these sites. Amendment 34 and the proposed rule Fisheries of the Caribbean, Gulf of outline the rationale for the actions Management Measures Contained in Mexico, and South Atlantic; Snapper- contained in this final rule. A summary This Final Rule Grouper Fishery of the South Atlantic of the management measure described This final rule creates SMZs in the Region; Regulatory Amendment 34 in Regulatory Amendment 34 and EEZ off North Carolina and South implemented by this final rule is AGENCY: Carolina. Authorized gear and harvest National Marine Fisheries described below. Service (NMFS), National Oceanic and levels for snapper-grouper species at Atmospheric Administration (NOAA), Background these new SMZs are also specified by Commerce. this final rule to reduce potentially The purpose of the Council’s SMZ adverse biological effects to snapper- ACTION: Final rule. designation process and the subsequent grouper species and enhance specification of SMZs is to protect recreational fishing opportunities. SUMMARY: NMFS is implementing snapper-grouper populations at the management measures described in relatively small artificial reef sites in the SMZs off North Carolina Regulatory Amendment 34 to the EEZ and to create fishing opportunities Fishery Management Plan (FMP) for the This final rule designates 30 SMZs off that would not otherwise exist without North Carolina in the EEZ. The 30 sites Snapper-Grouper Fishery of the South their designation. Prior to the SMZ Atlantic Region (Snapper-Grouper are existing artificial reefs permitted by designation process established by the the Army Corps of Engineers. The SMZs FMP), as prepared and submitted by the Council in 1983, for example, black sea South Atlantic Fishery Management match the sizes of the permitted bass pots were used by commercial artificial reefs, and range in size from Council (Council). The final rule will fishermen to efficiently remove black create 34 special management zones 0.24 to 0.76 square nautical miles or sea bass from artificial reefs off South 0.25 to 1.01 square miles (0.82 to 2.6 (SMZs) around artificial reefs in the Carolina. At the time of the SMZ exclusive economic zone (EEZ) off square km). This final rule establishes designation process, the Council that all harvest of snapper-grouper North Carolina and South Carolina. The determined that because artificial reef purpose of the final rule is to designate species is allowed only with handline, sites are small in area due to the limited rod and reel, and spear within the new SMZs and to restrict fishing gear amount of suitable reef-building with greater potential to result in high SMZs. Further, in the SMZs off North material, the sites are vulnerable to Carolina, all commercial and exploitation rates. The restrictions are overexploitation by more efficient expected to reduce potentially adverse recreational harvest of snapper-grouper fishing gear that has the potential to species by spear is limited to the effects to snapper-grouper species and result in localized depletion. In enhance recreational fishing applicable, existing recreational bag addition, the Council wanted to limits, as requested by the NCDMF. opportunities at these SMZs. enhance fishing opportunities for the DATES: The final rule is effective on May recreational sector through the SMZs off South Carolina 3, 2021. designation of SMZs. The Council has This final rule designates four SMZs, ADDRESSES: Electronic copies of determined that the harvest and gear in addition to the existing 28 SMZs, off Regulatory Amendment 34 to the restrictions will increase the abundance the coast of South Carolina in the EEZ. Snapper-Grouper FMP (Regulatory and size of snapper-grouper species at The four sites are existing artificial reefs
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permitted by the Army Corps of the Act by only allowing recreational recordkeeping compliance requirements Engineers. The SMZs match the sizes of harvest levels at the SMZ sites in this are introduced in this final rule. This the permitted artificial reefs, and range final rule. The purpose of the Act is to final rule contains no information in size from 0.031 to 0.25 square promote and facilitate responsible and collection requirements under the nautical miles or 0.041 to 0.33 square effective efforts to establish artificial Paperwork Reduction Act of 1995. miles (0.11 to 0.86 square km). This reefs. The Act further states that The Chief Counsel for Regulation of final rule establishes that all harvest of properly designed artificial reefs can the Department of Commerce certified snapper-grouper species is allowed only enhance the habitat and diversity of to the Chief Counsel for Advocacy of the with handline, rod and reel, and spear fishery resources; enhance United States Small Business Administration during within the SMZs. Further, in the SMZs recreational and commercial fishing the proposed rule stage that this rule off South Carolina, all commercial and opportunities; increase the production would not have a significant economic recreational harvest of snapper-grouper of fishery products in the United States; impact on a substantial number of small species is limited to the applicable, increase the energy efficiency of entities. The factual basis for the existing recreational bag limits, as recreational and commercial fisheries; certification was published in the requested by the SCDNR. These and contribute to the United States and proposed rule and is not repeated here. restrictions match the regulations in the coastal economies. No comments from the public were current SMZs off South Carolina. The final rule conforms with the received regarding this certification. As Comments and Responses intent of the Act. The final rule does not a result, a final regulatory flexibility prohibit harvest by commercial analysis was not required and none was NMFS received 10 comments during fishermen, and will allow both prepared. the public comment period on the commercial and recreational fishing proposed rule for Regulatory with handline, rod and reel, and spear List of Subjects in 50 CFR Part 622 Amendment 34. Most comments were in in the SMZs. The purpose of this final Fisheries, Fishing, Grouper, Snapper, support of the creation of SMZs at the rule is to restrict the use of fishing gear South Atlantic. artificial reef sites. NMFS acknowledges with a greater potential to result in high Dated: March 26, 2021. the comments in favor of the action in exploitation rates to reduce potentially the proposed rule and agrees with them. adverse effects to federally managed Samuel D. Rauch, III, Some comments were outside the scope snapper-grouper species at these sites. Deputy Assistant Administrator for of the proposed rule and Regulatory The Council determined that the actions Regulatory Programs, National Marine Fisheries Service. Amendment 34 and are not responded will enhance the fishing experience at to in this final rule. Comments that the artificial reefs for recreational For the reasons set out in the opposed or requested additional fishermen and that optimizing preamble, 50 CFR part 622 is amended information about the actions contained opportunities for recreational fishermen as follows: in Regulatory Amendment 34 and the was the original intent of the artificial proposed rule are summarized below, reef placement at these sites. PART 622—FISHERIES OF THE along with NMFS’ responses. Comment 2: Explain if the gear CARIBBEAN, GULF OF MEXICO, AND Comment 1: Prohibiting commercial requirements in this final rule allow SOUTH ATLANTIC fishermen from taking more than the electric fishing reels, such as the recreational bag and possession limits of Tanacom 1000. ■ 1. The authority citation for part 622 South Atlantic snapper-grouper from Response: Allowable gear for the continues to read as follows: the SMZs in this final rule where fish harvest of South Atlantic snapper- Authority: 16 U.S.C. 1801 et seq. are attracted and congregating will only grouper at the SMZ sites in this final decrease the efficiency of the rule off North Carolina and South ■ 2. In § 622.182, add paragraphs (e) and commercial fishermen’s efforts. This is Carolina includes rod and reel, and the (f) to read as follows: contrary to what the Fishing use of electric-powered reels, such as § 622.182 Gear-restricted areas. Enhancement Act describes in 33 U.S.C. the Tanacom 1000. 2101(a)(5) as what properly managed * * * * * reefs can do. Without violating the Classification (e) SMZs off North Carolina. (1) The intent of the National Fishing Pursuant to section 304(b)(1)(A) of the center of each SMZ in Table 3 to this Enhancement Act (Act) of 1984, explain Magnuson-Stevens Act, the NMFS paragraph (e) is located at the given how NMFS can convert the artificial Assistant Administrator has determined point with a radius extending the reefs that are in Federal waters into that this final rule is consistent with applicable distance in every direction SMZs where only recreational harvest is Regulatory Amendment 34, the laterally from that point to form a circle allowed when this is clearly contrary to Snapper-Grouper FMP, the Magnuson- around the center point. proper management outlined in 33 Stevens Act, and other applicable laws. (2) Harvest of South Atlantic snapper- U.S.C. 2101(a)(5). Further, NMFS is This final rule has been determined to grouper while in the SMZs in this violating the artificial reef standards be not significant for purposes of paragraph (e) is permitted only by written in 33 U.S.C. 2102(2) by Executive Order 12866. handline, rod and reel, and spearfishing effectively excluding commercial The Magnuson-Stevens Act provides gear. All harvest of South Atlantic fishing from federally permitted the statutory basis for this final rule. No snapper-grouper by spearfishing gear in artificial reefs. duplicative, overlapping, or conflicting the SMZs in this paragraph (e) is limited Response: NMFS does not agree that Federal rules have been identified. In to the applicable recreational bag and the final rule will violate the intent of addition, no new reporting or possession limits in § 622.187.
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TABLE 3 TO PARAGRAPH (e)
Radius in ft Reef name North lat. West long. (m)
AR–130 ...... 36°00.296′ 75°31.957′ 1,500 (457) AR–140 ...... 35°56.718′ 75°31.965′ 1,500 (457) AR–145 ...... 35°54.017′ 75°23.883′ 1,500 (457) AR–220 ...... 35°08.117′ 75°40.633′ 3,000 (914) AR–225 ...... 35°06.768′ 75°39.322′ 1,500 (457) AR–230 ...... 35°06.133′ 75°42.933′ 1,500 (457) AR–250 ...... 34°56.900′ 75°54.860′ 1,500 (457) AR–255 ...... 34°55.483′ 75°57.910′ 1,500 (457) AR–285 ...... 34°33.383′ 76°26.350′ 1,500 (457) AR–300 ...... 34°18.517′ 76°24.133′ 1,500 (457) AR–302 ...... 34°10.265′ 76°13.703′ 1,500 (457) AR–305 ...... 34°16.683′ 76°38.650′ 1,500 (457) AR–330 ...... 34°33.634′ 76°51.267′ 3,000 (914) AR–340 ...... 34°34.319′ 76°58.345′ 1,500 (457) AR–345 ...... 34°32.266′ 76°58.508′ 1,500 (457) AR–355 ...... 34°21.318′ 77°19.877′ 1,500 (457) AR–362 ...... 34°15.657′ 77°30.392′ 1,500 (457) AR–366 ...... 34°12.950′ 77°25.250′ 1,500 (457) AR–368 ...... 34°09.514′ 77°25.782′ 1,500 (457) AR–372 ...... 34°06.295′ 77°44.917′ 1,500 (457) AR–376 ...... 34°03.283′ 77°39.633′ 1,500 (457) AR–382 ...... 33°58.581′ 77°41.172′ 1,500 (457) AR–386 ...... 33°57.517′ 77°33.400′ 1,500 (457) AR–400 ...... 33°29.267′ 77°35.227′ 1,500 (457) AR–420 ...... 33°51.050′ 78°06.710′ 1,500 (457) AR–440 ...... 33°49.800′ 78°13.083′ 1,500 (457) AR–445 ...... 33°44.783′ 78°14.100′ 1,500 (457) AR–455 ...... 33°47.033′ 78°17.883′ 1,500 (457) AR–460 ...... 33°50.089′ 78°22.022′ 1,500 (457) AR–465 ...... 33°23.423′ 78°11.052′ 1,500 (457)
(f) Additional SMZs off South paragraph (f) is permitted only by (3) PA–04—Ron McManus Memorial Carolina. (1) The center of each SMZ in handline, rod and reel, and spearfishing Reef. This SMZ is bounded by lines Table 4 to this paragraph (f) is located gear (excludes a powerhead). All harvest connecting the following corner points: at the given point with a radius of South Atlantic snapper-grouper by northwest corner point at 33°46.400′ N, extending the applicable distance in the allowable gear in the SMZs in this 78°36.200′ W; northeast corner point at every direction laterally from that point paragraph (f) is limited to the applicable 33°46.400′ N, 78°35.600′ W; southeast ° ′ ° ′ to form a circle around the center point. recreational bag and possession limits in corner point at 33 45.900 N, 78 35.600 (2) Harvest of South Atlantic snapper- § 622.187. W; and southwest corner point at grouper while in the SMZs in this 33°45.900′ N, 78°36.200′ W.
TABLE 4 TO PARAGRAPH (f)
Radius in ft Reef name North lat. West long. (m)
PA–07 Pop Nash ...... 33°34.510′ 78°51.000′ 600 (183) PA–28 Lowcountry Anglers ...... 32°34.300′ 79°55.100′ 600 (183) PA–34 CCA-McClellanville ...... 32°51.800′ 79°22.500′ 600 (183)
[FR Doc. 2021–06606 Filed 4–1–21; 8:45 am] DEPARTMENT OF COMMERCE Atmospheric Administration (NOAA), BILLING CODE 3510–22–P Commerce. National Oceanic and Atmospheric ACTION: Temporary rule; modification of Administration closure. 50 CFR Part 679 SUMMARY: NMFS is opening directed fishing for pollock in the West Yakutat [Docket No. 210210–0018; RTID 0648– District of the Gulf of Alaska (GOA). XA987] This action is necessary to fully use the 2021 total allowable catch of pollock in Fisheries of the Exclusive Economic the West Yakutat District of the GOA. Zone off Alaska; Pollock in the West Yakutat District in the Gulf of Alaska DATES: Effective 1200 hours, Alaska local time (A.l.t.), April 1, 2021, through AGENCY: National Marine Fisheries 2400 hours, A.l.t., December 31, 2021. Service (NMFS), National Oceanic and Comments must be received at the
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following address no later than 4:30 SUPPLEMENTARY INFORMATION: NMFS The Administrator, Alaska Region p.m., A.l.t., April 14, 2021. manages the groundfish fishery in the (Regional Administrator) considered the ADDRESSES: You may submit comments GOA exclusive economic zone following factors in reaching this on this document, identified by FDMS according to the Fishery Management decision: (1) The catch of pollock in the Docket Number NOAA–NMFS–2020– Plan for Groundfish of the Gulf of West Yakutat District of the GOA and, 0140 by any of the following methods: Alaska (FMP) prepared by the North (2) the harvest capacity and stated intent • Electronic Submission: Submit all Pacific Fishery Management Council on future harvesting patterns of vessels electronic public comments via the under authority of the Magnuson- in participating in this fishery. Federal e-Rulemaking Portal. Go to Stevens Fishery Conservation and Classification https://www.regulations.gov and enter Management Act. Regulations governing NOAA–NMFS–2020–0140 in the Search fishing by U.S. vessels in accordance NMFS issues this action pursuant to box. Click on the ‘‘Comment’’ icon, with the FMP appear at subpart H of 50 section 305(d) of the Magnuson-Stevens complete the required fields, and enter CFR part 600 and 50 CFR part 679. Act. This action is required by 50 CFR or attach your comments. part 679, which was issued pursuant to • The 2021 total allowable catch (TAC) Mail: Address written comments to of pollock in the West Yakutat District section 304(b), and is exempt from Glenn Merrill, Assistant Regional of the GOA is 5,412 metric tons (mt) as review under Executive Order 12866. Administrator, Sustainable Fisheries established by the final 2021 and 2022 Pursuant to 5 U.S.C. 553(b)(B), there Division, Alaska Region NMFS, Attn: harvest specifications for groundfish in is good cause to waive prior notice and Records Office. Mail comments to P.O. the GOA (86 FR 10184, February 19, an opportunity for public comment on Box 21668, Juneau, AK 99802–1668. 2021). this action, as notice and comment Instructions: Comments sent by any would be impracticable and contrary to other method, to any other address or NMFS closed directed fishing for the public interest, as it would prevent individual, or received after the end of pollock in the West Yakutat District of NMFS from responding to the most the comment period, may not be the GOA under § 679.20(d)(1)(iii) on recent fisheries data in a timely fashion considered by NMFS. All comments March 9, 2021 (86 FR 14015, March 12, and would delay the opening of directed received are a part of the public record 2021). fishing for pollock in the West Yakutat and NMFS will post the comments for As of March 29, 2021, NMFS has District of the GOA. NMFS was unable public viewing on www.regulations.gov determined that approximately 660 mt to publish a notice providing time for without change. All personal identifying of pollock remains in the West Yakutat public comment because the most information (e.g., name, address, etc.), District of the GOA. Therefore, in recent, relevant data only became confidential business information, or accordance with § 679.25(a)(1)(i), available as of March 29, 2021. otherwise sensitive information (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully Authority: 16 U.S.C. 1801 et seq. submitted voluntarily by the sender will utilize the 2021 TAC of pollock in the be publicly accessible. NMFS will West Yakutat District of the GOA, Dated: March 30, 2021. accept anonymous comments (enter NMFS is terminating the previous Jennifer M. Wallace, ‘‘N/A’’ in the required fields if you wish closure and is reopening directed Acting Director, Office of Sustainable to remain anonymous). fishing for pollock in the West Yakutat Fisheries, National Marine Fisheries Service. FOR FURTHER INFORMATION CONTACT: District of the GOA, effective 1200 [FR Doc. 2021–06849 Filed 3–30–21; 4:15 pm] Obren Davis, 907–586–7228. hours, A.l.t., April 1, 2021. BILLING CODE 3510–22–P
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Proposed Rules Federal Register Vol. 86, No. 62
Friday, April 2, 2021
This section of the FEDERAL REGISTER For material that is proposed for IBR 11.35, the FAA will post all comments contains notices to the public of the proposed in this AD, contact the EASA, Konrad- received, without change, to https:// issuance of rules and regulations. The Adenauer-Ufer 3, 50668 Cologne, www.regulations.gov, including any purpose of these notices is to give interested Germany; telephone +49 221 8999 000; personal information you provide. The persons an opportunity to participate in the email [email protected]; internet agency will also post a report rule making prior to the adoption of the final rules. www.easa.europa.eu. You may find this summarizing each substantive verbal material on the EASA website at https:// contact received about this proposal. ad.easa.europa.eu. You may view this Confidential Business Information DEPARTMENT OF TRANSPORTATION material at the FAA, Office of the Regional Counsel, Southwest Region, CBI is commercial or financial Federal Aviation Administration 10101 Hillwood Pkwy., Room 6N–321, information that is both customarily and Fort Worth, TX 76177. For information actually treated as private by its owner. 14 CFR Part 39 on the availability of this material at the Under the Freedom of Information Act FAA, call (817) 222–5110. It is also (FOIA) (5 U.S.C. 552), CBI is exempt [Docket No. FAA–2021–0256; Project from public disclosure. If your Identifier MCAI–2020–00480–R] available in the AD docket on the internet at https://www.regulations.gov comments responsive to this NPRM RIN 2120–AA64 by searching for and locating Docket No. contain commercial or financial FAA–2021–0256. information that is customarily treated Airworthiness Directives; Airbus as private, that you actually treat as Helicopters Deutschland GmbH (AHD) Examining the AD Docket private, and that is relevant or Helicopters You may examine the AD docket on responsive to this NPRM, it is important that you clearly designate the submitted AGENCY: Federal Aviation the internet at https:// comments as CBI. Please mark each Administration (FAA), DOT. www.regulations.gov by searching for and locating Docket No. FAA–2021– page of your submission containing CBI ACTION: Notice of proposed rulemaking as ‘‘PROPIN.’’ The FAA will treat such (NPRM). 0256; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday marked submissions as confidential SUMMARY: The FAA proposes to adopt a through Friday, except Federal holidays. under the FOIA, and they will not be new airworthiness directive (AD) for all The AD docket contains this NPRM, any placed in the public docket of this Airbus Helicopters Deutschland GmbH comments received, and other NPRM. Submissions containing CBI (AHD) Model MBB–BK 117 D–2 information. The street address for should be sent to Katherine Venegas, helicopters. This proposed AD was Docket Operations is listed above. Aviation Safety Engineer, Los Angeles prompted by a failed electrical test Comments will be available in the AD ACO Branch, Compliance & during production. This proposed AD docket shortly after receipt. Airworthiness Division, FAA, 3960 Paramount Blvd., Lakewood, California would require replacing certain wire FOR FURTHER INFORMATION CONTACT: 90712; telephone (562) 627–5353; email harness trim connector backshells Katherine Venegas, Aviation Safety [email protected]. Any (backshells), as specified in a European Engineer, Los Angeles ACO Branch, commentary that the FAA receives that Union Aviation Safety Agency (EASA) Compliance & Airworthiness Division, is not specifically designated as CBI will AD, which is proposed for incorporation FAA, 3960 Paramount Blvd., Lakewood, be placed in the public docket for this by reference (IBR). This proposed AD California 90712; telephone (562) 627– rulemaking. would also prohibit installing the 5353; email [email protected]. affected backshells. The FAA is SUPPLEMENTARY INFORMATION: Discussion proposing this AD to address the unsafe Comments Invited The EASA, which is the Technical condition on these products. Agent for the Member States of the DATES: The FAA must receive comments The FAA invites you to send any European Union, has issued EASA AD on this proposed AD by May 17, 2021. written relevant data, views, or 2019–0198, dated August 15, 2019 ADDRESSES: You may send comments, arguments about this proposal. Send (EASA AD 2019–0198), to correct an using the procedures found in 14 CFR your comments to an address listed unsafe condition for all Airbus 11.43 and 11.45, by any of the following under ADDRESSES. Include ‘‘Docket No. Helicopters Deutschland GmbH (AHD), methods: FAA–2021–0256; Project Identifier formerly Eurocopter Deutschland • Federal eRulemaking Portal: Go to MCAI–2020–00480–R’’ at the beginning GmbH, Model MBB–BK117 D–2 https://www.regulations.gov. Follow the of your comments. The most helpful helicopters. instructions for submitting comments. comments reference a specific portion of This proposed AD was prompted by • Fax: 202–493–2251. the proposal, explain the reason for any a short circuit in a yaw trim actuator • Mail: U.S. Department of recommended change, and include connector that occurred during Transportation, Docket Operations, M– supporting data. The FAA will consider production electrical tests. Subsequent 30, West Building Ground Floor, Room all comments received by the closing investigations determined that a sharp W12–140, 1200 New Jersey Avenue SE, date and may amend this proposal edge in the backshell damaged the Washington, DC 20590. because of those comments. wiring insulation. The FAA is issuing • Hand Delivery: Deliver to Mail Except for Confidential Business this proposed AD to address an unsafe address above between 9 a.m. and 5 Information (CBI) as described in the condition that could result in yaw or p.m., Monday through Friday, except following paragraph, and other pitch trim runaway and subsequent loss Federal holidays. information as described in 14 CFR of control of the helicopter. See the
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EASA AD for additional background identified as exceptions in the that authority because it addresses an information. regulatory text of this proposed AD. unsafe condition that is likely to exist or Using common terms that are the same develop on products identified in this Related Service Information Under 1 as the heading of a particular section in rulemaking action. CFR Part 51 the EASA AD does not mean that Regulatory Findings EASA AD 2019–0198 specifies operators need comply only with that replacing backshells part number (P/N) section. For example, where the AD The FAA determined that this M85049/90–13W02 if manufactured by requirement refers to ‘‘all required proposed AD would not have federalism AMPHENOL or if the manufacturer is actions and compliance times,’’ implications under Executive Order unknown (affected part) with backshells compliance with this AD requirement is 13132. This proposed AD would not P/N M85049/90–13W02 not not limited to the section titled have a substantial direct effect on the manufactured by AMPHENOL ‘‘Required Action(s) and Compliance States, on the relationship between the (serviceable part). EASA AD 2019–0198 Time(s)’’ in the EASA AD. Service national Government and the States, or also prohibits the (re-)installation of an information specified in EASA AD on the distribution of power and affected part. 2019–0198 that is required for responsibilities among the various This material is reasonably available compliance with EASA AD 2019–0198 levels of government. because the interested parties have will be available on the internet at For the reasons discussed above, I access to it through their normal course https://www.regulations.gov by certify this proposed regulation: of business or by the means identified searching for and locating Docket No. (1) Is not a ‘‘significant regulatory in the ADDRESSES section. FAA–2021–0256 after the FAA final action’’ under Executive Order 12866, rule is published. FAA’s Determination and Requirements (2) Will not affect intrastate aviation of This Proposed AD Differences Between This Proposed AD in Alaska, and These products have been approved and the EASA AD (3) Will not have a significant by the aviation authority of another The EASA AD applies to all Model economic impact, positive or negative, country, and are approved for operation MBB–BK117 D–2 helicopters, whereas on a substantial number of small entities in the United States. Pursuant to the this proposed AD applies to that model under the criteria of the Regulatory bilateral agreement with the State of helicopter with an affected part Flexibility Act. Design Authority, the FAA has been installed instead. The EASA AD List of Subjects in 14 CFR Part 39 notified of the unsafe condition requires replacing each affected part described in the EASA AD referenced with a serviceable part within 9 months, Air transportation, Aircraft, Aviation above. The FAA is proposing this AD whereas this proposed AD would safety, Incorporation by reference, after evaluating all the relevant require that replacement within 30 Safety. information and determining the unsafe hours time-in-service instead. condition described previously is likely The Proposed Amendment Costs of Compliance to exist or develop in other products of Accordingly, under the authority the same type design. The FAA estimates that this proposed delegated to me by the Administrator, AD affects 30 helicopters of U.S. Proposed AD Requirements the FAA proposes to amend 14 CFR part Registry. Labor rates are estimated at 39 as follows: This proposed AD would require $85 per work-hour. Based on these accomplishing the actions specified in numbers, the FAA estimates that PART 39—AIRWORTHINESS EASA AD 2019–0198, described operators may incur the following costs DIRECTIVES previously, as incorporated by in order to comply with this proposed reference, except for any differences AD. ■ 1. The authority citation for part 39 identified as exceptions in the Replacing each backshell would take continues to read as follows: regulatory text of this proposed AD and about 8 work-hours and parts would except as discussed under ‘‘Differences cost $220, for an estimated cost of $900 Authority: 49 U.S.C. 106(g), 40113, 44701. Between this Proposed AD and the per backshell. § 39.13 [Amended] EASA AD.’’ Authority for This Rulemaking ■ 2. The FAA amends § 39.13 by adding Explanation of Required Compliance Title 49 of the United States Code the following new airworthiness Information specifies the FAA’s authority to issue directive: In the FAA’s ongoing efforts to rules on aviation safety. Subtitle I, Airbus Helicopters Deutschland GmbH improve the efficiency of the AD section 106, describes the authority of (AHD): Docket No. FAA–2021–0256; process, the FAA initially worked with the FAA Administrator. Subtitle VII: Project Identifier MCAI–2020–00480–R. Airbus and EASA to develop a process Aviation Programs, describes in more (a) Comments Due Date to use certain EASA ADs as the primary detail the scope of the Agency’s The FAA must receive comments by May source of information for compliance authority. 17, 2021. with requirements for corresponding The FAA is issuing this rulemaking FAA ADs. The FAA has since under the authority described in (b) Affected Airworthiness Directives (ADs) coordinated with other manufacturers Subtitle VII, Part A, Subpart III, Section None. and civil aviation authorities (CAAs) to 44701: General requirements. Under (c) Applicability use this process. As a result, EASA AD that section, Congress charges the FAA 2019–0198 will be incorporated by with promoting safe flight of civil This AD applies to Airbus Helicopters Deutschland GmbH Model MBB–BK 117 D– reference in the FAA final rule. This aircraft in air commerce by prescribing 2 helicopters, certificated in any category, proposed AD would, therefore, require regulations for practices, methods, and having an affected part as defined in compliance with EASA AD 2019–0198 procedures the Administrator finds European Union Aviation Safety Agency in its entirety, through that necessary for safety in air commerce. (EASA) AD 2019–0198, dated August 15, incorporation, except for any differences This regulation is within the scope of 2019 (EASA AD 2019–0198).
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(d) Subject of the local flight standards district office/ 11.43 and 11.45, by any of the following Joint Aircraft System Component (JASC) certificate holding district office. methods: Code 2700, Flight Control System. (k) Related Information • Federal eRulemaking Portal: Go to (e) Reason (1) For EASA AD 2019–0198 contact the https://www.regulations.gov. Follow the instructions for submitting comments. This AD was prompted by a short circuit EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 • Fax: 202–493–2251. in a yaw trim actuator connector that • occurred during production electrical tests. 000; email [email protected]; internet Mail: U.S. Department of Subsequent investigations determined that a www.easa.europa.eu. You may find this Transportation, Docket Operations, M– sharp edge in the wire harness trim EASA AD on the EASA website at https:// 30, West Building Ground Floor, Room connector backshell damaged the wiring ad.easa.europa.eu. You may view this W12–140, 1200 New Jersey Avenue SE, insulation. The FAA is issuing this AD to material at the FAA, Office of the Regional Washington, DC 20590. address an unsafe condition that could result Counsel, Southwest Region, 10101 Hillwood • Hand Delivery: Deliver to Mail Pkwy., Room 6N–321, Fort Worth, TX 76177. in yaw or pitch trim runaway and subsequent address above between 9 a.m. and 5 loss of control of the helicopter. For information on the availability of this material at the FAA, call (817) 222–5110. p.m., Monday through Friday, except (f) Compliance This material may be found in the AD docket Federal holidays. Comply with this AD within the on the internet at https:// For service information identified in compliance times specified, unless already www.regulations.gov by searching for and this NPRM, contact Boeing Commercial done. locating Docket No. FAA–2021–0256. Airplanes, Attention: Contractual & Data (2) For more information about this AD, (g) Requirements Services (C&DS), 2600 Westminster contact Katherine Venegas, Aviation Safety Blvd., MC 110–SK57, Seal Beach, CA Except as specified in paragraph (h) of this Engineer, Los Angeles ACO Branch, AD: Comply with all required actions and Compliance & Airworthiness Division, FAA, 90740–5600; telephone 562–797–1717; compliance times specified in, and in 3960 Paramount Blvd., Lakewood, California internet https:// accordance with EASA AD 2019–0198. 90712; telephone (562) 627–5353; email www.myboeingfleet.com. You may view [email protected]. this referenced service information at (h) Exceptions to EASA AD 2019–0198 Issued on March 25, 2021. the FAA, Airworthiness Products (1) Where EASA AD 2019–0198 refers to its Lance T. Gant, Section, Operational Safety Branch, effective date, this AD requires using the 2200 South 216th St., Des Moines, WA. Director, Compliance & Airworthiness effective date of this AD. For information on the availability of (2) Where paragraph (1) of EASA AD 2019– Division, Aircraft Certification Service. this material at the FAA, call 206–231– 0198 specifies to replace each affected part [FR Doc. 2021–06778 Filed 4–1–21; 8:45 am] with a serviceable part within 9 months, this 3195. It is also available on the internet BILLING CODE 4910–13–P AD requires replacing each affected part with at https://www.regulations.gov by a serviceable part within 30 hours time-in- searching for and locating Docket No. service after the effective date of this AD. FAA–2021–0017. (3) Although the service information DEPARTMENT OF TRANSPORTATION referenced in EASA AD 2019–0198 specifies Examining the AD Docket Federal Aviation Administration to discard certain parts, this AD requires You may examine the AD docket on removing those parts from service. the internet at https:// (4) Where the service information 14 CFR Part 39 referenced in EASA AD 2019–0198 specifies www.regulations.gov by searching for [Docket No. FAA–2021–0017; Project to use tooling, equivalent tooling may be and locating Docket No. FAA–2021– Identifier AD–2020–01186–T] used. 0017; or in person at Docket Operations (5) Paragraph (2) of EASA AD 2019–0198 RIN 2120–AA64 between 9 a.m. and 5 p.m., Monday does not apply to this AD; this AD requires through Friday, except Federal holidays. compliance with paragraph (i) of this AD. Airworthiness Directives; The Boeing The AD docket contains this NPRM, any (6) The ‘‘Remarks’’ section of EASA AD Company Airplanes comments received, and other 2019–0198 does not apply to this AD. information. The street address for AGENCY: Federal Aviation (i) Parts Installation Prohibition Administration (FAA), DOT. Docket Operations is listed above. As of the effective date of this AD, do not FOR FURTHER INFORMATION CONTACT: ACTION: Notice of proposed rulemaking install a wire harness trim connector (NPRM). Chris Baker, Aerospace Engineer, backshell identified in paragraph (c) of this Propulsion Section, FAA, Seattle ACO AD on any helicopter. SUMMARY: The FAA proposes to adopt a Branch, 2200 South 216th St., Des (j) Alternative Methods of Compliance new airworthiness directive (AD) for Moines, WA 98198; phone and fax: 206– (AMOCs) certain The Boeing Company Model 231–3552; email: christopher.r.baker@ (1) The Manager, Strategic Policy 737–8 and 737–9 airplanes. This faa.gov. Rotorcraft Section, FAA, has the authority to proposed AD was prompted by a report SUPPLEMENTARY INFORMATION: approve AMOCs for this AD, if requested that during refueling of the right main using the procedures found in 14 CFR 39.19. tank, if there is a failure of the automatic Comments Invited In accordance with 14 CFR 39.19, send your shutoff system, the refueling panel does The FAA invites you to send any request to your principal inspector or local not provide the required indication that Flight Standards District Office, as written relevant data, views, or appropriate. If sending information directly the automatic shutoff has failed. This arguments about this proposal. Send to the manager of the Strategic Policy proposed AD would require installing a your comments to an address listed Rotorcraft Section, send it to: Manager, new fuel quantity processor unit (FQPU) under ADDRESSES. Include ‘‘Docket No. Strategic Policy Rotorcraft Section, FAA, and doing a FQPU software check. The FAA–2021–0017; Project Identifier AD– 10101 Hillwood Pkwy., Fort Worth, TX FAA is proposing this AD to address the 2020–01186–T’’ at the beginning of your 76177; telephone (817) 222–5110. unsafe condition on these products. Information may be emailed to: 9-ASW-FTW- comments. The most helpful comments DATES: The FAA must receive comments [email protected]. reference a specific portion of the (2) Before using any approved AMOC, on this proposed AD by May 17, 2021. proposal, explain the reason for any notify your appropriate principal inspector, ADDRESSES: You may send comments, recommended change, and include or lacking a principal inspector, the manager using the procedures found in 14 CFR supporting data. The FAA will consider
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all comments received by the closing phone and fax: 206–231–3552; email: incorrect indication threshold with a date and may amend the proposal [email protected]. Any FQPU with part number 30128–06 or because of those comments. commentary that the FAA receives 30128–58, as applicable, or a FQPU Except for Confidential Business which is not specifically designated as with a later-approved part number, and Information (CBI) as described in the CBI will be placed in the public docket doing a FQPU software check. following paragraph, and other for this rulemaking. This service information is reasonably information as described in 14 CFR Background available because the interested parties 11.35, the FAA will post all comments have access to it through their normal received, without change, to https:// During refueling, the automatic course of business or by the means shutoff system is supposed to close the www.regulations.gov, including any identified in the ADDRESSES section. refuel valve when the fuel tank is full. personal information you provide. The If the automatic shutoff system fails, the FAA’s Determination agency will also post a report refuel indicator on the refuel panel summarizing each substantive verbal The FAA is issuing this NPRM after should flash to indicate the failure and contact received about this NPRM. determining the unsafe condition alert the person refueling the airplane. described previously is likely to exist or Confidential Business Information The FAA has received a report develop in other products of the same indicating that on The Boeing Company type design. CBI is commercial or financial Model 737–8 and 737–9 airplanes, information that is both customarily and during refueling of the right main tank, Proposed AD Requirements actually treated as private by its owner. if there is a failure of the automatic This proposed AD would require Under the Freedom of Information Act shutoff system, the refueling panel does accomplishing the actions identified in (FOIA) (5 U.S.C. 552), CBI is exempt not provide the required flashing Boeing Special Attention Requirements from public disclosure. If your indication to the person fueling the Bulletin 737–28–1363 RB, dated June 2, comments responsive to this NPRM airplane that the automatic shutoff has contain commercial or financial failed to shut off the fuel. This is a result 2020, described previously, except for information that is customarily treated of the flashing threshold in the FQPU any differences identified as exceptions as private, that you actually treat as not being set at the correct fuel level. in the regulatory text of this proposed private, and that is relevant or This condition, if not addressed, could AD. responsive to this NPRM, it is important result in overfill of the right main fuel For information on the procedures that you clearly designate the submitted tank, spilled fuel, and pooling on the and compliance times, see this service comments as CBI. Please mark each ground that could come in contact with information at https:// page of your submission containing CBI an ignition source, resulting in a ground www.regulations.gov by searching for as ‘‘PROPIN.’’ The FAA will treat such fire. and locating Docket No. FAA–2021– marked submissions as confidential 0017. under the FOIA, and they will not be Related Service Information Under 1 Costs of Compliance placed in the public docket of this CFR part 51 NPRM. Submissions containing CBI The FAA reviewed Boeing Special The FAA estimates that this AD, if should be sent to Chris Baker, Attention Requirements Bulletin 737– adopted as proposed, would affects 66 Aerospace Engineer, Propulsion 28–1363 RB, dated June 2, 2020. The airplanes of U.S. registry. The FAA Section, FAA, Seattle ACO Branch, 2200 service information specifies procedures estimates the following costs to comply South 216th St., Des Moines, WA 98198; for replacing the FQPU having an with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Cost per Cost on U.S. Action Labor cost Parts cost product operators
Installation and software check ...... 3 work-hour × $85 per hour = $255 ...... $0 $255 $16,830
The FAA has included all known Subtitle VII, Part A, Subpart III, Section have a substantial direct effect on the costs in this cost estimate. According to 44701: General requirements. Under States, on the relationship between the the manufacturer, however, some or all that section, Congress charges the FAA national Government and the States, or of the costs of this proposed AD may be with promoting safe flight of civil on the distribution of power and covered under warranty, thereby aircraft in air commerce by prescribing responsibilities among the various reducing the cost impact on affected regulations for practices, methods, and levels of government. operators. procedures the Administrator finds For the reasons discussed above, I necessary for safety in air commerce. Authority for This Rulemaking certify this proposed regulation: This regulation is within the scope of Title 49 of the United States Code that authority because it addresses an (1) Is not a ‘‘significant regulatory specifies the FAA’s authority to issue unsafe condition that is likely to exist or action’’ under Executive Order 12866, rules on aviation safety. Subtitle I, develop on products identified in this (2) Would not affect intrastate section 106, describes the authority of rulemaking action. aviation in Alaska, and the FAA Administrator. Subtitle VII: Regulatory Findings (3) Would not have a significant Aviation Programs, describes in more economic impact, positive or negative, detail the scope of the Agency’s The FAA determined that this on a substantial number of small entities authority. proposed AD would not have federalism under the criteria of the Regulatory The FAA is issuing this rulemaking implications under Executive Order Flexibility Act. under the authority described in 13132. This proposed AD would not
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List of Subjects in 14 CFR Part 39 Instructions of Boeing Special Attention Issued on January 27, 2021. Air transportation, Aircraft, Aviation Requirements Bulletin 737–28–1363 RB, Lance T. Gant, safety, Incorporation by reference, dated June 2, 2020. Director, Compliance & Airworthiness Note 1 to paragraph (g): Guidance for Safety. Division, Aircraft Certification Service. accomplishing the actions required by this [FR Doc. 2021–06726 Filed 4–1–21; 8:45 am] AD can be found in Boeing Special Attention The Proposed Amendment BILLING CODE 4910–13–P Accordingly, under the authority Service Bulletin 737–28–1363, dated June 2, delegated to me by the Administrator, 2020, which is referred to in Boeing Special the FAA proposes to amend 14 CFR part Attention Requirements Bulletin 737–28– DEPARTMENT OF TRANSPORTATION 39 as follows: 1363 RB, dated June 2, 2020. (h) Exception to Service Information Federal Aviation Administration PART 39—AIRWORTHINESS Specifications 14 CFR Part 39 DIRECTIVES Where Boeing Special Attention ■ 1. The authority citation for part 39 Requirements Bulletin 737–28–1363 RB, [Docket No. FAA–2021–0257; Project Identifier MCAI–2020–00712–E] continues to read as follows: dated June 2, 2020, uses the phrase ‘‘the Original Issue date of Requirements Bulletin RIN 2120–AA64 Authority: 49 U.S.C. 106(g), 40113, 44701. 737–28–1363 RB,’’ this AD requires using § 39.13 [Amended] ‘‘the effective date of this AD.’’ Airworthiness Directives; Rolls-Royce ■ 2. The FAA amends § 39.13 by adding (i) Alternative Methods of Compliance Deutschland Ltd & Co KG (Type the following new airworthiness (AMOCs) Certificate Previously Held by Rolls- Royce Deutschland GmbH, Formerly directive: (1) The Manager, Seattle ACO Branch, FAA, has the authority to approve AMOCs BMW Rolls-Royce GmbH) Turbofan The Boeing Company: Docket No. FAA– Engines 2021–0017; Project Identifier AD–2020– for this AD, if requested using the procedures 01186–T. found in 14 CFR 39.19. In accordance with AGENCY: Federal Aviation 14 CFR 39.19, send your request to your (a) Comments Due Date Administration (FAA), DOT. principal inspector or responsible Flight ACTION: Notice of proposed rulemaking The FAA must receive comments on this Standards Office, as appropriate. If sending airworthiness directive (AD) by May 17, information directly to the manager of the (NPRM). 2021. certification office, send it to the attention of SUMMARY: The FAA proposes to adopt a (b) Affected ADs the person identified in paragraph (j)(1) of new airworthiness directive (AD) for None. this AD. Information may be emailed to: 9- certain Rolls-Royce Deutschland Ltd & [email protected]. (c) Applicability Co KG (type certificate previously held (2) Before using any approved AMOC, by Rolls-Royce Deutschland GmbH, This AD applies to The Boeing Company notify your appropriate principal inspector, formerly BMW Rolls-Royce GmbH) Model 737–8 and 737–9 airplanes, or lacking a principal inspector, the manager (RRD) BR700–710A2–20 model turbofan certificated in any category, as identified in of the responsible Flight Standards Office. engines. This proposed AD was Boeing Special Attention Requirements (3) An AMOC that provides an acceptable Bulletin 737–28–1363 RB, dated June 2, level of safety may be used for any repair, prompted by flight data obtained from 2020. modification, or alteration required by this airplanes equipped with certain (d) Subject AD if it is approved by The Boeing Company Rockwell Collins avionics and auto- Organization Designation Authorization throttle systems that demonstrated Air Transport Association (ATA) of significant oscillation of the engine rotor America Code 28, Fuel. (ODA) that has been authorized by the Manager, Seattle ACO Branch, FAA, to make revolution speed during flight. This (e) Unsafe Condition those findings. To be approved, the repair proposed AD would require initial and This AD was prompted by a report that method, modification deviation, or alteration repetitive recalculation of the consumed during refueling of the right main tank, if deviation must meet the certification basis of and remaining service life of certain life- there is a failure of the automatic shutoff the airplane, and the approval must limited parts (LLPs). This proposed AD system, the refueling panel does not provide specifically refer to this AD. would also require removal of an LLP the required flashing indication that the prior to its approved life limit or within automatic shutoff has failed to shut off the (j) Related Information 90 days after the effective date of this fuel. The FAA is issuing this AD to address (1) For more information about this AD, AD, whichever occurs later. The FAA is this indication failure to warn the person contact Chris Baker, Aerospace Engineer, fueling the airplane, which could cause proposing this AD to address the unsafe Propulsion Section, FAA, Seattle ACO overfill of the right main tank, spilled fuel, condition on these products. Branch, 2200 South 216th St., Des Moines, and pooling on the ground that could come DATES: The FAA must receive comments in contact with an ignition source, resulting WA 98198; phone and fax: 206–231–3552; on this proposed AD by May 17, 2021. in a ground fire. email: [email protected]. (2) For service information identified in ADDRESSES: You may send comments, (f) Compliance this AD, contact Boeing Commercial using the procedures found in 14 CFR Comply with this AD within the Airplanes, Attention: Contractual & Data 11.43 and 11.45, by any of the following compliance times specified, unless already Services (C&DS), 2600 Westminster Blvd., methods: • done. MC 110–SK57, Seal Beach, CA 90740–5600; Federal eRulemaking Portal: Go to (g) Required Actions telephone 562–797–1717; internet https:// https://www.regulations.gov. Follow the www.myboeingfleet.com. You may view this instructions for submitting comments. Except as specified by paragraph (h) of this referenced service information at the FAA, • Fax: (202) 493–2251. AD, at the applicable times specified in the • ‘‘Compliance’’ paragraph of Boeing Special Airworthiness Products Section, Operational Mail: U.S. Department of Attention Requirements Bulletin 737–28– Safety Branch, 2200 South 216th St., Des Transportation, Docket Operations, M– 1363 RB, dated June 2, 2020, do all Moines, WA. For information on the 30, West Building Ground Floor, Room applicable actions identified in, and in availability of this material at the FAA, call W12 140, 1200 New Jersey Avenue SE, accordance with, the Accomplishment 206–231–3195. Washington, DC 20590.
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• Hand Delivery: Deliver to Mail Confidential Business Information FAA’s Determination address above between 9 a.m. and 5 CBI is commercial or financial This product has been approved by p.m., Monday through Friday, except EASA and is approved for operation in Federal holidays. information that is both customarily and actually treated as private by its owner. the United States. Pursuant to our For service information identified in Under the Freedom of Information Act bilateral agreement with the European this NPRM, contact Rolls-Royce (FOIA) (5 U.S.C. 552), CBI is exempt Community, EASA has notified us of Deutschland Ltd & Co KG, Eschenweg from public disclosure. If your the unsafe condition described in the 11, Dahlewitz, 15827 Blankenfelde- MCAI and service information comments responsive to this final rule Mahlow, Germany; phone: +49 (0) 33 referenced above. The FAA is proposing contain commercial or financial 7086–4040; website: https://www.rolls- this AD because the agency evaluated information that is customarily treated royce.com/contact-us.aspx. You may all the relevant information provided by as private, that you actually treat as view this service information at the EASA and determined the unsafe private, and that is relevant or FAA, Airworthiness Products Section, condition described previously is likely responsive to this final rule, it is Operational Safety Branch, 1200 District to exist or develop in other products of important that you clearly designate the Avenue, Burlington, MA 01803. For the same type design. submitted comments as CBI. Please information on the availability of this mark each page of your submission Related Service Information Under 1 material at the FAA, call (781) 238– containing CBI as ‘‘PROPIN.’’ The FAA CFR Part 51 7759. will treat such marked submissions as The FAA reviewed RRD Alert Non- Examining the AD Docket confidential under the FOIA, and they Modification Service Bulletin (NMSB) will not be placed in the public docket You may examine the AD docket at SB–BR700–72–A900584, Revision 2, of this final rule. Submissions https://www.regulations.gov by dated November 22, 2017 (the NMSB). containing CBI should be sent to Wego searching for and locating Docket No. The NMSB describes procedures for Wang, Aviation Safety Engineer, ECO FAA–2021–0257; or in person at Docket amending flight cycle counting Branch, FAA, 1200 District Avenue, Operations between 9 a.m. and 5 p.m., requirements for affected LLPs on RRD Burlington, MA 01803. Any Monday through Friday, except Federal BR700–710A2–20 model turbofan commentary that the FAA receives holidays. The AD docket contains this engines. This service information is which is not specifically designated as NPRM, the mandatory continuing reasonably available because the CBI will be placed in the public docket airworthiness information (MCAI), any interested parties have access to it for this rulemaking. comments received, and other through their normal course of business information. The street address for Background or by the means identified in Docket Operations is listed above. ADDRESSES. The European Union Aviation Safety Other Related Service Information FOR FURTHER INFORMATION CONTACT: Agency (EASA), which is the Technical Wego Wang, Aviation Safety Engineer, Agent for the Member States of the The FAA reviewed Bombardier ECO Branch, FAA, 1200 District European Community, has issued EASA Service Bulletin (SB) 700–34–5021, Avenue, Burlington, MA 01803; phone: AD 2018–0268, dated December 11, Revision 03, dated January 5, 2018, and (781) 238–7134; fax: (781) 238–7199; 2018 and corrected on February 20, Bombardier SB 700–34–6021, Revision email: [email protected]. 2019 (referred to after this as ‘‘the 03, dated January 5, 2018. These SBs SUPPLEMENTARY INFORMATION: MCAI’’), to address the unsafe condition describe procedures for the on these products. The MCAI states: implementation of the Global Vision Comments Invited Flight Deck Version 5 (V5) software load Flight data obtained from aeroplanes on Bombardier Inc. Model BD–700– The FAA invites you to send any equipped with certain Rockwell Collins 1A11 and BD–700–1A10 airplanes, written relevant data, views, or avionics and auto-throttle system arguments about this proposal. Send demonstrated significant oscillation of the respectively. your comments to an address listed engine rotor revolution speed during cruise. Proposed AD Requirements in This under ADDRESSES. Include ‘‘Docket No. Analysis indicates that this affects the service NPRM FAA–2021–0257; Project Identifier life of the affected LLP. This condition, if not corrected, may lead This proposed AD would require MCAI–2020–00712–E’’ at the beginning repetitive recalculation of the consumed of your comments. The most helpful to failure of an affected LLP, possibly resulting in release of high-energy debris, and remaining service life of certain comments reference a specific portion of with consequent damage to, and/or reduced LLPs and replacement of any LLP that the proposal, explain the reason for any control of, the aeroplane. has exceeded its approved life limit. recommended change, and include To address this potentially unsafe supporting data. The FAA will consider condition, RRD issued the NMSB, providing Differences Between This Proposed AD all comments received by the closing instructions to recalculate the consumed and and the MCAI or Service Information date and may amend this proposal remaining service life of the affected LLP. EASA AD 2018–0268 includes in its because of those comments. For the reasons described above, this applicability engines installed and Except for Confidential Business [EASA] AD requires repetitive recalculation operated on a pre-mod airplane during Information (CBI) as described in the of the service life (consumed and remaining) a period of 24 months prior to the following paragraph, and other of each affected LLP and, depending on the results, replacement of each affected LLP current installation. Instead of a period information as described in 14 CFR before exceeding the life limit, taking the re- of 24 months, this AD proposes to apply 11.35, the FAA will post all comments calculated life consumption into account. to engines installed and operated on a received, without change, to https:// pre-mod airplane at any time after www.regulations.gov, including any You may obtain further information January 1, 2017 to adjust for the personal information you provide. The by examining the MCAI in the AD additional time since publication of the FAA will also post a report docket at https://www.regulations.gov EASA AD. summarizing each substantive verbal by searching for and locating Docket No. In addition, EASA AD 2018–0268 contact received about this NPRM. FAA–2021–0257. requires an initial recalculation of
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consumed and remaining service life of LPC disk, but requires recalculation of initial inspection period in EASA AD the low-pressure compressor (LPC) disk consumed and remaining service life of 2018–0268 has passed. at each engine removal for maintenance the disk and all other affected LLPs Costs of Compliance within 250 flight cycles or 12 months, within 90 days after the effective date of whichever occurs first after its effective this proposed AD. The FAA determined The FAA estimates that this AD, if date. EASA AD 2018–0268 also requires that the initial recalculation of the adopted as proposed, would affect 284 recalculation of the consumed and consumed and remaining service life of engines installed on airplanes of U.S. remaining life of the other affected LLPs the LPC disk, separately from the other registry. after this period. This proposed AD does LLPs, is not needed to resolve the The FAA estimates the following not include the initial recalculation of unsafe condition because the 12-month the consumed and remaining life of the costs to comply with this proposed AD:
ESTIMATED COSTS
Cost per Cost on U.S. Action Labor cost Parts cost product operators
Recalculate service life for affected LLPs ...... 20 work-hours × $85 per hour = $85 ...... $0 $1,700 $482,800
Authority for This Rulemaking List of Subjects in 14 CFR Part 39 applicable, referred to after this as a ‘‘pre- mod airplane,’’ or Title 49 of the United States Code Air transportation, Aircraft, Aviation (2) Installed and operated on a pre-mod specifies the FAA’s authority to issue safety, Incorporation by reference, airplane at any time after January 1, 2017. Safety. rules on aviation safety. Subtitle I, (d) Subject section 106, describes the authority of The Proposed Amendment the FAA Administrator. Subtitle VII: Joint Aircraft System Component (JASC) Accordingly, under the authority Code 7230, Turbine Engine Compressor Aviation Programs, describes in more Section. detail the scope of the Agency’s delegated to me by the Administrator, authority. the FAA proposes to amend 14 CFR part (e) Unsafe Condition 39 as follows: The FAA is issuing this rulemaking This AD was prompted by flight data under the authority described in obtained from airplanes equipped with PART 39—AIRWORTHINESS certain Rockwell Collins avionics and auto- Subtitle VII, Part A, Subpart III, Section DIRECTIVES throttle systems which demonstrated 44701: General requirements. Under significant oscillation of the engine rotor that section, Congress charges the FAA ■ 1. The authority citation for part 39 revolution speed during flight. The FAA is with promoting safe flight of civil continues to read as follows: issuing this AD to prevent failure of an aircraft in air commerce by prescribing Authority: 49 U.S.C. 106(g), 40113, 44701. affected life-limited part (LLP). The unsafe regulations for practices, methods, and condition, if not addressed, could result in procedures the Administrator finds § 39.13 [Amended] uncontained release of high-energy debris, necessary for safety in air commerce. ■ 2. The FAA amends § 39.13 by adding damage to the engine, and damage to the airplane. This regulation is within the scope of the following new airworthiness that authority because it addresses an directive: (f) Compliance unsafe condition that is likely to exist or Rolls-Royce Deutschland Ltd & Co KG (Type Comply with this AD within the develop on products identified in this Certificate Previously held by Rolls- compliance times specified, unless already rulemaking action. Royce Deutschland GmbH, Formerly done. BMW Rolls-Royce GmbH): Docket No. (g) Required Actions Regulatory Findings FAA–2021–0257; Project Identifier MCAI–2020–00712–E. (1) Within 90 days after the effective date The FAA determined that this of this AD, recalculate the consumed and proposed AD would not have federalism (a) Comments Due Date remaining service life of each affected LLP implications under Executive Order The FAA must receive comments on this using Accomplishment Instructions, 13132. This proposed AD would not airworthiness directive (AD) by May 17, paragraph 3.D., of RRD Alert Non- have a substantial direct effect on the 2021. Modification Service Bulletin (NMSB) SB– BR700–72–A900584, Revision 2, dated States, on the relationship between the (b) Affected ADs national government and the States, or November 22, 2017 (the NMSB). None. (2) For engines installed and operated on on the distribution of power and a pre-mod airplane, after performing the responsibilities among the various (c) Applicability initial recalculations required by paragraph levels of government. This AD applies to Rolls-Royce (g)(1) of this AD, for each flight, calculate the For the reasons discussed above, I Deutschland Ltd & Co KG (Type Certificate consumed and remaining service life of each certify this proposed regulation: previously held by Rolls-Royce Deutschland affected LLP using paragraph 3.D. of the GmbH, formerly BMW Rolls-Royce GmbH) Accomplishment Instructions of the NMSB. (1) Is not a ‘‘significant regulatory (RRD) BR700–710A2–20 model turbofan (3) Remove each affected LLP prior to action’’ under Executive Order 12866, engines: exceeding its approved life limit or within 90 (2) Would not affect intrastate (1) Installed and operated on a Bombardier days after the effective date of this AD, aviation in Alaska, and Model BD–700–1A10 and BD–700–1A11 whichever occurs later. airplane, with serial number 9381, 9386, (3) Would not have a significant 9401, or 9432 to 9786, inclusive, that have (h) Credit for Previous Actions economic impact, positive or negative, not incorporated Bombardier Service Bulletin You may take credit for the recalculation on a substantial number of small entities (SB) 700–34–5021, Revision 3, dated January of the consumed and remaining service life under the criteria of the Regulatory 5, 2018 or Bombardier SB 700–34–6021, of each LLP required by paragraph (g)(1) of Flexibility Act. Revision 3, dated January 5, 2018, as this AD if the action was performed before
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the effective date of this AD using RRD Alert DEPARTMENT OF TRANSPORTATION FAA, 10101 Hillwood Pkwy., Fort NMSB SB–BR700–72–A900584, Revision 1, Worth, TX 76177; telephone 817–222– dated October 5, 2017, or original issue, Federal Aviation Administration 5110; email [email protected]. dated January 31, 2017. SUPPLEMENTARY INFORMATION: 14 CFR Part 39 (i) Definition Discussion For the purpose of this AD, an affected LLP [Docket No. FAA–2020–0985; Project Identifier 2018–SW–064–AD] The FAA has issued an NPRM that is: an LPC disk, LPC fan blade, fan shaft, low- proposed to amend 14 CFR part 39 by pressure turbine (LPT) stage 1 disk, LPT stage RIN 2120–AA64 adding an AD that would apply to the 2 disk, LPT rotor shaft and annulus filler, specified products. The NPRM was Airworthiness Directives; Airbus high-pressure compressor (HPC) stage 1–6 published in the Federal Register on Helicopters Deutschland GmbH rotor disk, HPC stage 7–10 rotor disk, curvic November 9, 2020 (85 FR 71286). The ring, high pressure turbine (HPT) stage 1 AGENCY: Federal Aviation NPRM was prompted by a deviation disk, and an HPT stage 2 disk. Administration (FAA), DOT. from a new manufacturing process and (j) Alternative Methods of Compliance ACTION: Proposed rule; withdrawal. a determination that the deviation (AMOCs) resulted in a reduced life limit (service (1) The Manager, ECO Branch, FAA, has SUMMARY: The FAA is withdrawing a life limit) for certain TR blades. the authority to approve AMOCs for this AD, notice of proposed rulemaking (NPRM) The NPRM proposed to require a if requested using the procedures found in 14 that proposed to adopt a new reduced life limit for those TR blades CFR 39.19. In accordance with 14 CFR 39.19, airworthiness directive (AD) that would and require a new life limit for certain send your request to your principal inspector have applied to certain Airbus other TR blades. Helicopters Deutschland GmbH Model or local Flight Standards District Office, as Actions Since the NPRM was Issued appropriate. If sending information directly EC135P1, EC135T1, EC135P2, EC135T2, to the manager of the certification office, EC135P2+, EC135T2+, EC135P3, and Since issuance of the NPRM, the FAA send it to the attention of the person EC135T3 helicopters. The NPRM was determined that the deviation from the identified in Related Information. You may prompted by a deviation from a new new manufacturing process does not email your request to: ANE-AD-AMOC@ manufacturing process and a reduce the life limit of certain TR blades faa.gov. determination that the deviation and that a new life limit is not needed (2) Before using any approved AMOC, resulted in a reduced life limit (service for certain other blades. Affected parts notify your appropriate principal inspector, life limit) for certain tail rotor (TR) can continue operation until the normal or lacking a principal inspector, the manager blades. The NPRM would have required life limit with no compensation factor of the local flight standards district office/ a reduced life limit for those TR blades applied to reduce the life of the part. certificate holding district office. and require a new life limit for certain Therefore, the FAA has determined that other TR blades. Since issuance of the AD action is not appropriate. (k) Related Information NPRM, the FAA has determined that the Withdrawal of the NPRM constitutes (1) For more information about this AD, deviation from the new manufacturing only such action and does not preclude contact Wego Wang, Aviation Safety process does not reduce the life limit of the FAA from further rulemaking on Engineer, ECO Branch, FAA, 1200 District certain TR blades and that a new life this issue, nor does it commit the FAA Avenue, Burlington, MA 01803; phone: (781) limit is not needed for certain other to any course of action in the future. 238–7134; fax: (781) 238–7199; email: blades. Accordingly, the NPRM is Comments [email protected]. withdrawn. (2) Refer to European Union Aviation The FAA gave the public the Safety Agency (EASA) AD 2018–0268, dated DATES: As of April 2, 2021, the proposed opportunity to comment on the NPRM. December 11, 2018, for more information. rule, which was published in the The following presents the comments You may examine the EASA AD in the AD Federal Register on November 9, 2020 received on the NPRM and the FAA’s docket at https://www.regulations.gov by (85 FR 71286), is withdrawn. response to each comment. searching for and locating it in Docket No. ADDRESSES: Request To Withdraw NPRM FAA–2021–0257. Examining the AD Docket (3) For service information identified in Airbus Helicopters requested that the this AD, contact Rolls-Royce Deutschland Ltd You may examine the AD docket on NPRM be withdrawn. The commenter & Co KG, Eschenweg 11, Dahlewitz, 15827 the internet at https:// stated that EASA would be cancelling Blankenfelde-Mahlow, Germany; phone: +49 www.regulations.gov by searching for EASA AD 2018–0168, dated July 27, (0) 33 7086–4040; website: https://www.rolls- and locating Docket No. FAA–2020– 2018, which prompted this NPRM. The royce.com/contact-us.aspx. You may view 0985; or in person at Docket Operations commenter also noted that Airbus this referenced service information at the between 9 a.m. and 5 p.m., Monday Helicopters service information was FAA, Airworthiness Products Section, through Friday, except Federal holidays. revised to remove the reduced life limit Operational Safety Branch, 1200 District The AD docket contains this AD action, for the TR blades. Avenue, Burlington, MA 01803. For any comments received, and other The FAA agrees with the commenter’s information on the availability of this information. The street address for request. Since publication of the NPRM, material at the FAA, call (781) 238–7759. Docket Operations is U.S. Department of EASA has issued EASA AD 2018– Transportation, Docket Operations, M– Issued on March 29, 2021. 0168R1, dated December 18, 2020 30, West Building Ground Floor, Room (EASA AD 2018–0168R1). EASA has Lance T. Gant, W12–140, 1200 New Jersey Avenue SE, determined, and the FAA concurs, that Director, Compliance & Airworthiness Washington, DC 20590. the deviation in the new manufacturing Division, Aircraft Certification Service. FOR FURTHER INFORMATION CONTACT: process does not affect the life limit of [FR Doc. 2021–06800 Filed 4–1–21; 8:45 am] Kristin Bradley, Aerospace Engineer, the TR blades. Airbus Helicopters has BILLING CODE 4910–13–P General Aviation & Rotorcraft Section, revised the corresponding service International Validation Branch, information accordingly. The revised Compliance & Airworthiness Division, EASA AD allows continued operation of
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the affected parts until the normal life List of Subjects in 14 CFR Part 39 30, West Building Ground Floor, Room limit. The FAA has determined that this Air transportation, Aircraft, Aviation W12–140, 1200 New Jersey Avenue SE, NPRM is unnecessary and will Washington, DC 20590. safety, Incorporation by reference, • withdraw this NPRM. Safety. Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 Request To Delay Issuance of the AD The Withdrawal p.m., Monday through Friday, except Federal holidays. One commenter requested that the ■ Accordingly, the notice of proposed For material that is proposed for IBR FAA delay issuance of the final rule rulemaking, Docket No. FAA–2020– in this AD, contact the EASA, Konrad- because Airbus Helicopters had revised 0985, which was published in the Adenauer-Ufer 3, 50668 Cologne, its service information to restore the Federal Register on November 9, 2020 Germany; telephone +49 221 8999 000; original life limits of the TR blades, and (85 FR 71286), is withdrawn. email [email protected]; internet based on the revised service information Issued on March 25, 2021. it would appear that EASA will issue a www.easa.europa.eu. You may find this Gaetano A. Sciortino, revised AD to revise the life limits material on the EASA website at https:// accordingly. The commenter asked that Deputy Director for Strategic Initiatives, ad.easa.europa.eu. You may view this Compliance & Airworthiness Division, material at the FAA, Office of the the revised EASA AD be taken into Aircraft Certification Service. account in the final rule. Regional Counsel, Southwest Region, [FR Doc. 2021–06768 Filed 4–1–21; 8:45 am] 10101 Hillwood Pkwy., Room 6N–321, The FAA acknowledges the BILLING CODE 4910–13–P Fort Worth, TX 76177. For information commenter’s request. As previously on the availability of this material at the stated, the FAA has determined that this FAA, call 817–222–5110. It is also NPRM is unnecessary and will DEPARTMENT OF TRANSPORTATION available in the AD docket on the withdraw this NPRM. internet at https://www.regulations.gov Federal Aviation Administration Request To Include Link To Document by searching for and locating Docket No. FAA–2021–0254. Referenced in the NPRM 14 CFR Part 39 Examining the AD Docket One commenter requested that the [Docket No. FAA–2021–0254; Project FAA provide a link in the NPRM to the Identifier MCAI–2020–00481–R] You may examine the AD docket on the internet at https:// EASA AD that is referred to in the RIN 2120–AA64 NPRM. The commenter stated that if it www.regulations.gov by searching for is the FAA’s new policy to refer to Airworthiness Directives; Airbus and locating Docket No. FAA–2021– another Civil Aviation Authority’s AD it Helicopters Deutschland GmbH 0254; or in person at Docket Operations would be more convenient for operators Helicopters between 9 a.m. and 5 p.m., Monday to have a link instead of having to through Friday, except Federal holidays. AGENCY: search another website. Federal Aviation The AD docket contains this NPRM, any Administration (FAA), DOT. comments received, and other The FAA acknowledges the ACTION: Notice of proposed rulemaking information. The street address for commenter’s request. If the FAA would (NPRM). Docket Operations is listed above. have issued a final rule, the EASA AD Comments will be available in the AD would have been incorporated by SUMMARY: The FAA proposes to adopt a docket shortly after receipt. reference. The material that is new airworthiness directive (AD) for all FOR FURTHER INFORMATION CONTACT: incorporated by reference in an FAA AD Airbus Helicopters Deutschland GmbH Blaine Williams, Aerospace Engineer, is available in the AD docket on the Model MBB–BK 117 D–2 helicopters. Los Angeles ACO Branch, Compliance & internet at https://www.regulations.gov This proposed AD was prompted by Airworthiness Division, 3960 by searching for and locating the reports of chafing marks on the wiring Paramount Blvd., Lakewood, California applicable AD docket. The AD docket harness behind the middle side panels 90712; telephone 562–627–5371; email contains the NPRM, any comments in the area of the front passenger (PAX) [email protected]. received, material that is incorporated panels. This proposed AD would by reference, and other information. As require inspecting, modifying, and SUPPLEMENTARY INFORMATION: previously stated, the FAA has rerouting the wiring harness, as Comments Invited determined that this NPRM is specified in a European Union Aviation unnecessary and will withdraw this Safety Agency (EASA) AD, which is The FAA invites you to send any NPRM. proposed for incorporation by reference written relevant data, views, or (IBR). The FAA is proposing this AD to arguments about this proposal. Send FAA’s Conclusions address the unsafe condition on these your comments to an address listed products. under ADDRESSES. Include ‘‘Docket No. Upon further consideration, the FAA FAA–2021–0254; Project Identifier has determined that the NPRM is DATES: The FAA must receive comments MCAI–2020–00481–R’’ at the beginning unnecessary. Accordingly, the NPRM is on this proposed AD by May 17, 2021. of your comments. The most helpful withdrawn. ADDRESSES: You may send comments, comments reference a specific portion of Regulatory Findings using the procedures found in 14 CFR the proposal, explain the reason for any 11.43 and 11.45, by any of the following recommended change, and include Since this action only withdraws an methods: supporting data. The FAA will consider NPRM, it is neither a proposed nor a • Federal eRulemaking Portal: Go to all comments received by the closing final rule. This action therefore is not https://www.regulations.gov. Follow the date and may amend this proposal covered under Executive Order 12866, instructions for submitting comments. because of those comments. the Regulatory Flexibility Act, or DOT • Fax: 202–493–2251. Except for Confidential Business Regulatory Policies and Procedures (44 • Mail: U.S. Department of Information (CBI) as described in the FR 11034, February 26, 1979). Transportation, Docket Operations, M– following paragraph, and other
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information as described in 14 CFR Related Service Information Under 1 and civil aviation authorities (CAAs) to 11.35, the FAA will post all comments CFR Part 51 use this process. As a result, EASA AD received, without change, to https:// EASA AD 2019–0305 specifies 2019–0305 will be incorporated by www.regulations.gov, including any inspecting the wiring harness installed reference in the FAA final rule. This personal information you provide. The behind the front PAX panel of the left proposed AD would, therefore, require agency will also post a report and right hand middle side panels and compliance with EASA AD 2019–0305 summarizing each substantive verbal depending on the results, repairing or in its entirety, through that contact received about this proposal. modifying the wiring harness. For a incorporation, except for any differences modified wiring harness, EASA AD identified as exceptions in the Confidential Business Information 2019–0305 specifies repetitively regulatory text of this proposed AD. Using common terms that are the same CBI is commercial or financial inspecting for damage. The FAA also reviewed Airbus as the heading of a particular section in information that is both customarily and Helicopters Alert Service Bulletin (ASB) the EASA AD does not mean that actually treated as private by its owner. No. MBB–BK117 D–2–88A–003, operators need comply only with that Under the Freedom of Information Act Revision 1 and dated December 9, 2019 section. For example, where the AD (FOIA) (5 U.S.C. 552), CBI is exempt (ASB MBB–BK117 D–2–88A–003). ASB requirement refers to ‘‘all required from public disclosure. If your MBB–BK117 D–2–88A–003 applies to actions and compliance times,’’ comments responsive to this NPRM Model MBB–BK–117 D–2 and D–2m compliance with this AD requirement is contain commercial or financial helicopters. This service information not limited to the section titled information that is customarily treated specifies inspecting, repairing, and ‘‘Required Action(s) and Compliance as private, that you actually treat as modifying the wiring harness installed Time(s)’’ in the EASA AD. Service private, and that is relevant or behind the front PAX panel of the left information specified in EASA AD responsive to this NPRM, it is important and right hand middle side panels. This 2019–0305 that is required for that you clearly designate the submitted material is reasonably available because compliance with EASA AD 2019–0305 comments as CBI. Please mark each the interested parties have access to it will be available on the internet at page of your submission containing CBI through their normal course of business https://www.regulations.gov by as ‘‘PROPIN.’’ The FAA will treat such or by the means identified in the searching for and locating Docket No. FAA–2021–0254 after the FAA final marked submissions as confidential ADDRESSES section. rule is published. under the FOIA, and they will not be FAA’s Determination and Requirements placed in the public docket of this of This Proposed AD Differences Between This Proposed AD and EASA AD 2019–0305 NPRM. Submissions containing CBI These products have been approved should be sent to Blaine Williams, by the aviation authority of another Where the EASA AD refers to flight Aerospace Engineer, Los Angeles ACO country, and are approved for operation hours, this proposed AD would use Branch, Compliance & Airworthiness in the United States. Pursuant to the hours time-in-service (TIS) instead. Division, 3960 Paramount Blvd., bilateral agreement with the State of Where the EASA AD allows a tolerance Lakewood, California 90712; telephone Design Authority, the FAA has been to the compliance time of certain initial 562–627–5371; email blaine.williams@ notified of the unsafe condition and repetitive inspections, this faa.gov. Any commentary that the FAA described in the EASA AD referenced proposed AD would require a receives that is not specifically above. The FAA is proposing this AD compliance time of within 440 hours designated as CBI will be placed in the after evaluating all the relevant TIS after modification of an affected part public docket for this rulemaking. information and determining the unsafe for a certain initial inspection and condition described previously is likely thereafter at intervals within 440 hours Discussion to exist or develop in other products of TIS for certain repetitive inspections instead. Where the EASA AD requires The EASA, which is the Technical the same type designs. repetitive inspections in accordance Agent for the Member States of the Proposed AD Requirements with paragraph 3.B.8. of ASB MBB– European Union, has issued EASA AD This proposed AD would require BK117 D–2–88A–003, this proposed AD 2019–0305, dated December 17, 2019 accomplishing the actions specified in would require repetitive inspections in (EASA AD 2019–0305) to correct an EASA AD 2019–0305, described accordance with paragraph 3.B.9. of unsafe condition for all Airbus previously, as incorporated by ASB MBB–BK117 D–2–88A–003. Helicopters Deutschland GmbH Model reference, except for any differences MBB–BK117 D–2 helicopters. identified as exceptions in the Costs of Compliance This proposed AD was prompted by regulatory text of this proposed AD and The FAA estimates that this AD reports of chafing marks found on the except as discussed under ‘‘Differences affects 60 helicopters of U.S. Registry. wiring harness behind the middle side Between this Proposed AD and EASA Labor rates are estimated at $85 per panels, in the area of the front PAX AD 2019–0305.’’ work-hour. Based on these numbers, the FAA estimates that operators may incur panels. According to EASA, subsequent Explanation of Required Compliance the following costs in order to comply investigations identified low clearance Information with this proposed AD. between the harness and the In the FAA’s ongoing efforts to Inspecting the wiring harness would surrounding structure. Airbus improve the efficiency of the AD take about 6 work-hours for an Helicopters identified the cause of the process, the FAA initially worked with estimated cost of $510 per helicopter chafing marks as contact of the harness Airbus and EASA to develop a process and $30,600 for the U.S. fleet, per with the front PAX panel screws. The to use certain EASA ADs as the primary inspection cycle. FAA is proposing this AD to prevent source of information for compliance Modification during the inspection of failure of the helicopter wiring harness. with requirements for corresponding the wiring harness would take about 6 See the EASA AD for additional FAA ADs. The FAA has since work-hours for an estimated cost of background information. coordinated with other manufacturers $510 per helicopter.
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Authority for This Rulemaking § 39.13 [Amended] (5) Where the service information ■ 2. The FAA amends § 39.13 by adding referenced in EASA AD 2019–0305 specifies Title 49 of the United States Code the following new airworthiness to use tooling, equivalent tooling may be specifies the FAA’s authority to issue directive: used. rules on aviation safety. Subtitle I, Airbus Helicopters Deutschland GmbH: (6) The ‘‘Remarks’’ section of EASA AD section 106, describes the authority of Docket No. FAA–2021–0254; Project 2019–0305 does not apply to this AD. the FAA Administrator. Subtitle VII: Identifier MCAI–2020–00481–R. Aviation Programs, describes in more (i) Special Flight Permit (a) Comments Due Date detail the scope of the Agency’s Special flight permits, as described in 14 authority. The FAA must receive comments by May CFR 21.197 and 21.199, are not allowed. 17, 2021. The FAA is issuing this rulemaking (j) Alternative Methods of Compliance under the authority described in (b) Affected Airworthiness Directives (ADs) (AMOCs) Subtitle VII, Part A, Subpart III, Section None. (1) The Manager, International Validation 44701: General requirements. Under (c) Applicability Branch, FAA, has the authority to approve that section, Congress charges the FAA This AD applies to all Airbus Helicopters AMOCs for this AD, if requested using the with promoting safe flight of civil Deutschland GmbH Model MBB–BK 117 D– procedures found in 14 CFR 39.19. In aircraft in air commerce by prescribing 2 helicopters, certificated in any category. accordance with 14 CFR 39.19, send your regulations for practices, methods, and request to your principal inspector or local (d) Subject procedures the Administrator finds Flight Standards District Office, as necessary for safety in air commerce. Joint Aircraft System Component (JASC) appropriate. If sending information directly Code: 1497, Miscellaneous Wiring. This regulation is within the scope of to the manager of the International Validation that authority because it addresses an (e) Reason Branch, send it to the attention of the person unsafe condition that is likely to exist or This AD was prompted by reports of identified in paragraph (k)(2) of this AD. develop on products identified in this chafing marks found on the wiring harness Information may be emailed to: 9-AVS-AIR- rulemaking action. behind the middle side panels, in the area of [email protected]. the front passenger panels. Further (2) Before using any approved AMOC, Regulatory Findings investigations identified low clearance notify your appropriate principal inspector, between the harness and the surrounding or lacking a principal inspector, the manager The FAA determined that this structure. Airbus Helicopters identified the of the local flight standards district office/ proposed AD would not have federalism cause of the chafing marks as contact of the implications under Executive Order harness with the front passenger panel certificate holding district office. 13132. This proposed AD would not screws. The FAA is issuing this AD to (k) Related Information have a substantial direct effect on the prevent electrical failure of the helicopter wiring harness. (1) For EASA AD 2019–0305, contact the States, on the relationship between the EASA, Konrad-Adenauer-Ufer 3, 50668 national Government and the States, or (f) Compliance Cologne, Germany; telephone +49 221 8999 on the distribution of power and Comply with this AD within the 000; email [email protected]; internet responsibilities among the various compliance times specified, unless already www.easa.europa.eu. You may find this levels of government. done. EASA AD on the EASA website at https:// For the reasons discussed above, I (g) Requirements ad.easa.europa.eu. You may view this certify this proposed regulation: Except as specified in paragraph (h) of this material at the FAA, Office of the Regional (1) Is not a ‘‘significant regulatory AD: Comply with all required actions and Counsel, Southwest Region, 10101 Hillwood action’’ under Executive Order 12866, compliance times specified in, and in Pkwy., Room 6N–321, Fort Worth, TX 76177. accordance with, EASA AD 2019–0305, For information on the availability of this (2) Will not affect intrastate aviation dated December 17, 2019 (EASA AD 2019– material at the FAA, call 817–222–5110. This in Alaska, and 0305). material may be found in the AD docket on (3) Will not have a significant (h) Exceptions to EASA AD 2019–0305 the internet at https://www.regulations.gov by searching for and locating Docket No. economic impact, positive or negative, (1) Where EASA AD 2019–0305 refers to its on a substantial number of small entities effective date, this AD requires using the FAA–2021–0254. under the criteria of the Regulatory effective date of this AD. (2) For more information about this AD, Flexibility Act. (2) Where EASA AD 2019–0305 refers to contact Blaine Williams, Aerospace Engineer, flight hours (FH), this AD requires using Los Angeles ACO Branch, Compliance & List of Subjects in 14 CFR Part 39 hours time-in-service (TIS). Airworthiness Division, 3960 Paramount (3) Where paragraph (6) of EASA AD 2019– Blvd., Lakewood, California 90712; telephone Air transportation, Aircraft, Aviation 0305 specifies a compliance time for the 562–627–5371; email blaine.williams@ safety, Incorporation by reference, initial inspection of within 400 flight hours faa.gov. Safety. after the modification of an affected part and thereafter at intervals not exceeding 400 Issued on March 25, 2021. The Proposed Amendment flight hours, plus a non-cumulative tolerance Gaetano A. Sciortino, of 40 flight hours, this AD requires a Deputy Director for Strategic Initiatives, Accordingly, under the authority compliance time of within 440 hours TIS Compliance & Airworthiness Division, delegated to me by the Administrator, after the modification of an affected part for the FAA proposes to amend 14 CFR part the initial inspection and thereafter at Aircraft Certification Service. 39 as follows: intervals not exceeding 440 hours TIS. [FR Doc. 2021–06767 Filed 4–1–21; 8:45 am] (4) Where paragraph (6) of EASA AD BILLING CODE 4910–13–P PART 39—AIRWORTHINESS specifies repetitive inspections in accordance DIRECTIVES with paragraph 3.B.8. of the referenced Alert Service Bulletin (ASB), this AD requires ■ 1. The authority citation for part 39 repetitive inspections in accordance with paragraph 3.B.9. of ASB No. MBB–BK117 D– continues to read as follows: 2–88A–003, Revision 1 and dated December Authority: 49 U.S.C. 106(g), 40113, 44701. 9, 2019.
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DEPARTMENT OF TRANSPORTATION Office of Policy, Federal Aviation be available for examination in the Administration, 800 Independence public docket both before and after the Federal Aviation Administration Avenue SW, Washington, DC 20591; comment closing date. A report telephone: (202) 267–8783. summarizing each substantive public 14 CFR Part 71 SUPPLEMENTARY INFORMATION: contact with FAA personnel concerned with this rulemaking will be filed in the [Docket No. FAA–2020–0988; Airspace Authority for This Rulemaking Docket No. 18–AWA–3] docket. The FAA’s authority to issue rules Availability of NPRM Proposed Amendment of Class C regarding aviation safety is found in Airspace and Revocation of Class E Title 49 of the United States Code. An electronic copy of this document Airspace Extension; Fort Lauderdale, Subtitle I, Section 106 describes the may be downloaded through the FL authority of the FAA Administrator. internet at https://www.regulations.gov. Subtitle VII, Aviation Programs, Recently published rulemaking AGENCY: Federal Aviation describes in more detail the scope of the documents can also be accessed through Administration (FAA), DOT. agency’s authority. This rulemaking is the FAA’s web page at https:// ACTION: Notice of proposed rulemaking promulgated under the authority www.faa.gov/air_traffic/publications/ (NPRM). described in Subtitle VII, Part A, airspace_amendments/. Subpart I, Section 40103. Under that You may review the public docket SUMMARY: This action proposes to section, the FAA is charged with containing the proposal, any comments reconfigure and expand the Fort prescribing regulations to assign the use received and any final disposition in Lauderdale-Hollywood International of the airspace necessary to ensure the person in the Dockets Office (see Airport, FL (FLL), Class C airspace area. safety of aircraft and the efficient use of ADDRESSES section for address and The FAA is proposing this action to airspace. This regulation is within the phone number) between 9:00 a.m. and reduce the risk of midair collisions and scope of that authority as it would 5.00 p.m., Monday through Friday, enhance the efficient management of air modify the airspace structure as except federal holidays. An informal traffic operations in the FLL terminal necessary to preserve the safe and docket may also be examined during area. Additionally, this action proposes efficient flow of air traffic within the normal business hours at the office of to revoke the Class E airspace extension National Airspace System (NAS). the Eastern Service Center, Federal to the FLL Class C airspace surface area. Aviation Administration, Room 210, This proposed action is separate and Comments Invited 1701 Columbia Ave., College Park, GA distinct from the South Florida Interested parties are invited to 30337. Metroplex Project. No flight path participate in this proposed rulemaking changes are associated with this by submitting such written data, views, Availability and Summary of proposal. or arguments as they may desire. Documents for Incorporation by Comments that provide the factual basis Reference DATES: Comments must be received on This document proposes to amend or before June 1, 2021. supporting the views and suggestions presented are particularly helpful in FAA Order 7400.11E, Airspace ADDRESSES: Send comments on this developing reasoned regulatory Designations and Reporting Points, proposal to the U.S. Department of decisions on the proposal. Comments dated July 21, 2020, and effective Transportation, Docket Operations, 1200 are specifically invited on the overall September 15, 2020. FAA Order New Jersey Avenue SE, West Building regulatory, aeronautical, economic, 7400.11E is publicly available as listed Ground Floor, Room W12–140, environmental, and energy-related in the ADDRESSES section of this Washington, DC 20590; telephone: (800) aspects of the proposal. document. FAA Order 7400.11E lists 647–5527, or (202) 366–9826. You must Communications should identify both Class A, B, C, D, and E airspace areas, identify FAA Docket No. FAA–2020– docket numbers (FAA Docket No. FAA– air traffic service routes, and reporting 0988; Airspace Docket No. 18–AWA–3, 2020–0988; Airspace Docket No. 18– points. at the beginning of your comments. You AWA–3) and be submitted in triplicate Background may also submit comments through the to the Docket Management Facility (see internet at https://www.regulations.gov. ADDRESSES section for address and In 1986, the FAA issued a final rule FAA Order 7400.11E, Airspace phone number). You may also submit that established the Fort Lauderdale- Designations and Reporting Points, and comments through the internet at Hollywood International Airport, FL, subsequent amendments can be viewed Airport Radar Service Area (ARSA) (51 _ https://www.regulations.gov. online at https://www.faa.gov/air Commenters wishing the FAA to FR 4872; February 7, 1986). As a result traffic/publications/. For further acknowledge receipt of their comments of the Airspace Reclassification final information, you can contact the Rules on this action must submit with those rule (56 FR 65638; December 17, 1991), and Regulations Group, Federal comments a self-addressed, stamped which became effective in September Aviation Administration, 800 postcard on which the following 1993, the term ‘‘Airport Radar Service Independence Avenue SW, Washington, statement is made: ‘‘Comments to FAA Area’’ was replaced by ‘‘Class C airspace DC 20591; telephone: (202) 267–8783. Docket No. FAA–2020–0988; Airspace area.’’ As with the former ARSA, the The Order is also available for Docket No. 18–AWA–3.’’ The postcard primary purpose of a Class C airspace inspection at the National Archives and will be date/time stamped and returned area is to reduce the potential for midair Records Administration (NARA). For to the commenter. collisions in terminal areas and promote information on the availability of FAA All communications received on or the efficient management of air traffic in Order 7400.11E at NARA, email: before the specified comment closing those areas. Pilots are required to [email protected] or go to https:// date will be considered before taking establish two-way radio www.archives.gov/federal-register/cfr/ action on the proposed rule. The communications with air traffic control ibr-locations.html. proposal contained in this action may (ATC) before entering Class C airspace, FOR FURTHER INFORMATION CONTACT: Paul be changed in light of comments and they must maintain two-way radio Gallant, Rules and Regulations Group, received. All comments submitted will communications with ATC while
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operating in Class C airspace. These FLL Class C airspace (to the west of to seek input and recommendations requirements are designed to keep ATC FLL), and the existing MIA Class B from representatives of effected aviation informed of all aircraft operating within airspace area to the northwest of MIA segments for the FAA to consider in the Class C airspace area. (in the vicinity of U.S. Route 27). VFR designing proposed modifications to the aircraft that are not in communication Miami International Airport (MIA), Developments Since the Origination of with ATC routinely transit this area and, Class B airspace area, and to convert the the FLL Class C Airspace Area in doing so, they climb or descend FLL Class C airspace area to Class B Despite significant increases in through the final approach courses and airspace. Participants in the Committee aircraft operations and passenger the downwind legs for FLL arrivals to included representatives from the enplanements at FLL over the years, the runways 10L and 10R requiring Aircraft Owners and Pilots Association FLL Class C airspace area has not been commercial pilots to alter their flight (AOPA), Miami-Dade Aviation modified since its inception in 1986. path or altitude resulting in a disruption Department, Miami-Dade Police In 2014, runway 10R/28L was of the orderly flow of arrivals to the Department Aviation Unit, Florida DOT, extended from 5,276 feet to 8,000 feet in airport. Closing this airspace gap would Broward County Aviation Department, length. The extension increased airport enhance safety for FLL traffic. Opa-Locka Helicopters, ADF Airways, capacity by making two runways 3. Increases workload for air traffic Sheltair Aviation, National Jets, Aerial available to larger aircraft types instead controllers due to the need for Banners, Delta Connection, Florida Aero of one. additional vectoring of FLL arrivals and Club, and Van Wagner Aerial Media. In 2008, FLL hosted 309,624 total departures to ensure separation from operations, and 11,400,548 passenger Discussion of Ad Hoc Committee VFR aircraft not in communication with Recommendations enplanements. By 2019, these numbers ATC. had grown to 331,455 total operations, The Ad Hoc Committee submitted and 17,950,989 passenger Benefits of Modifying the FLL Class C three recommendations for the FAA to enplanements. With these figures, FLL Airspace Area consider in designing proposed actually meets the criteria to be a Modifications of the current FLL Class modifications of the MIA Class B candidate for the establishment of a C airspace area would enhance safety by airspace area, and the proposed Class B airspace area. In 2009, the FAA lessening the likelihood of FLL arrivals conversion of the FLL Class C airspace considered converting the FLL Class C and departures encountering unknown area to Class B airspace. airspace area to Class B airspace. aircraft that are not in contact with ATC. The Committee recommended that the However, as discussed later in this The unique combination of high FAA align the boundaries of the Class NPRM, the FAA decided that the volumes of general aviation and B airspace with prominent geographical airspace safety and efficiency goals commercial operations, plus intensive features (visual landmarks) whenever could be satisfied by expanding the FLL student pilot training, and transiting possible. The FAA agrees and tries to adopt the Class C airspace area instead. VFR aircraft that take place in the use of geographical features whenever congested FLL terminal area support a Impact of FLL Class C Airspace Area possible. However, areas that overlie the proposal to expand the FLL Class C Configuration on Operations Atlantic Ocean and the Florida airspace area in the interest of safety Everglades lack prominent landmarks. The current FLL Class C airspace area and the efficient use of the airspace. is not sufficient to accommodate the The FAA believes that users would Currently, there are approximately 25 volume and diversity of aircraft benefit from participation in the VFR checkpoints, four VFR waypoints, operations in the congested South proposed expanded availability of Class and five latitude/longitude points Florida airspace, nor the traffic patterns C services around FLL which include: depicted on the VFR Flyway Planning required by the increasing numbers of sequencing of all aircraft to the primary Chart in the MIA/FLL area. The FAA is turbojet operations at FLL. airport (FLL); standard IFR services to considering additional points to The current FLL Class C airspace IFR aircraft; separation, traffic enhance VFR navigation in the area. The Committee recommended that the configuration has the following impacts advisories, and safety alerts between IFR FAA establish a VFR Corridor between on operations at FLL: and VFR aircraft; and, mandatory traffic 1. Insufficient Class C airspace is 3,000 feet and 5,000 feet mean sea level advisories and safety alerts between available to provide for the most (MSL) that extends from the northern VFR aircraft. efficient arrival and departure edge of FLL’s airspace to the southern operations at FLL. Significant numbers Local Area Airport Identifiers edge of MIA’s airspace, to permit north- of visual flight rules (VFR) aircraft, For reference, the following airport south transition of aircraft. The which are not in contact with air traffic identifiers are used in this NPRM: Committee suggested that this would be control (ATC), routinely operate in the BCT Boca Raton Airport similar to the Los Angeles Special Flight same airspace outside of the FLL Class FLL Fort Lauderdale/Hollywood Rules Area, which traverses the Los C area that is also used by aircraft International Airport Angeles Class B airspace. Very High operating to and from FLL. Under the FXE Fort Lauderdale Executive Frequency Omnidirectional Range proposal, these VFR aircraft would be Airport (VOR) radials should be used to define required to establish contact with ATC HWO North Perry Airport the centerline of the Corridor enabling enabling greater efficiency. MIA Miami International Airport both VOR and GPS equipped aircraft to 2. Controllers must alter the approach OPF Opa Locka Executive navigate the corridor. profile of instrument flight rules (IFR) PMP Pompano Beach Airpark The FAA could not adopt this arrival traffic when unknown VFR TMB Miami Executive Airport recommendation because a VFR aircraft are transitioning a gap between X51 Miami Homestead General corridor is essentially a ‘‘tunnel’’ the existing Miami (MIA) Class B and Aviation Airport through Class B airspace within which FLL Class C airspace areas. This gap, aircraft may operate without an ATC which is approximately 4–5 nautical Pre-NPRM Public Input Clearance or communication with ATC. miles (NM) wide, exists in the airspace In 2010, the FAA initiated action to For this reason, a VFR Corridor is not between the current 10 NM radius of the form an Ad Hoc Committee (Committee) feasible for this area based on
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operational constraints such as traffic separate NPRM. (86 FR 12868, March 5, staffing be provided to handle the volume and traffic flows. MIA arrival 2021). higher number of VFR aircraft traffic descends from 8,000 feet MSL to transitioning the area. Discussion of Informal Airspace 3,000 feet MSL in the downwind leg. The proposed airspace change would Meeting Comments Departures climb to 5,000 feet MSL affect the Miami Terminal Radar initially, and aircraft executing a go- As announced in the Federal Register Approach Control (TRACON) controller around climb to either 3,000 feet MSL on December 4, 2012, the FAA workload with an anticipated increase or 4,000 feet MSL. For FLL, arrivals conducted three informal airspace of aircraft requesting flight following descend from 6,000 feet MSL to 3,000 meetings: January 28, 2013, at the Wings services. Miami TRACON provides IFR feet MSL in the downwind leg. Over Miami Air Museum, Miami, FL; services to traffic operating to and from Departures climb to 3,000 feet MSL January 29, 2013, at Miami Dade FLL. The comment is valid and actions initially, and aircraft executing a go- College, Miami, FL; and January 30, have been taken to address this concern. around climb to 2,000 feet MSL or 3,000 2013, Miramar Town Center, Miramar, Considering the anticipated greater feet MSL. Since aircraft could operate in FL. (77 FR 71734). Additionally, as workload, the FAA has increased the the corridor without an ATC clearance announced in the Federal Register on utilization of additional radar positions or communication with ATC, this April 1, 2019, the FAA also held one that provide relief for controllers would present a safety hazard, informal airspace meeting on June 12, working the Opa Locka Executive especially during irregular operations, 2019, at Broward College, Pembroke Airport (OPF)/North Perry Airport such as weather impacting the normal Pines, FL. (84 FR 12146). These (HWO) area. These additional positions arrival and departure routes. meetings provided interested airspace split the workload in half (east side and Alternatively, there is a charted VFR users with an opportunity to present west side) and provide extra capacity to Flyway below 3,000 feet MSL, running their views and offer recommendations handle flight following services. It is generally north and south, that is regarding the planned modification of suggested that pilots consider obtaining the FLL Class C airspace area. The FAA located beneath the western side of the a discrete transponder code from air received comments from 32 individuals MIA Class B airspace area. Additionally, traffic control before takeoff to ensure in response to the four meetings. The an east-west oriented Flyway below that flight following in VFR conditions FAA received a number of comments 2,000 feet MSL is located to the south can commence shortly after departure. from the January 2013 meetings that One commenter suggested that the of Hollywood North Perry airport pertained specifically to the proposed FAA consider a VFR Corridor within the (HWO), and to the north of Miami-Opa modification of the MIA Class B Class C airspace that takes VFR aircraft Locka Executive airport (OPF). airspace area. Those comments are from the coast to overhead FLL at 1,500 The Committee recommended that the addressed in a separate NPRM that feet MSL southbound, and 2,000 feet FAA develop ‘‘shoreline transitions’’ for proposes to modify the MIA Class B MSL northbound, and back out to the VFR aircraft through the Class B airspace. The NPRM was published in coast. airspace. Specifically, this would the Federal Register on March 5, 2021 The procedures for overflights at FLL accommodate pilots who desire to (86 FR 12868). You may read the MIA are governed by a Letter of Agreement operate over or near the shoreline east Class B NPRM on the internet at https:// (LOA) between MIA ATCT and FLL of FLL. The Committee added that the www.regulations.gov. Enter the search ATCT. Aircraft operating from the coast FAA should publish information on term FAA–2020–0490. to transition over FLL may currently Sectional and Terminal Area Charts contact FLL ATCT to transition at or (TAC) to advise aircraft requesting January 2013 Informal Airspace Meeting below 1,000 feet MSL along the shoreline transitions to contact MIA Comments shoreline. Aircraft transitioning VFR Approach; including frequencies, Many commenters asked that the FLL over FLL, in communication with MIA designated entry and exit points, Class C airspace boundaries be based on TRACON, are provided transition at or expected altitudes, and times requests visual ground references such as above 2,500 feet MSL. The 2,500-foot may be approved. highways and landmarks to assist VFR restriction is intended to allow aircraft The FAA reviewed this pilots in identifying the lateral on a missed approach climb to 2,000 recommendation and, although boundaries of the area. One commenter feet MSL per the LOA. A designated shoreline transitions do exist in the wrote that the FAA should consider a VFR corridor at 1,500 feet MSL or 2,000 Miami area, due to the close proximity physical feature, such as University feet MSL is not feasible due to traffic of FLL to the shoreline, a shoreline Avenue, to define the western side of volume and the provisions of the LOA. transition is not feasible in that area. the Class C surface area’s 7 NM radius. Several commenters were concerned After full consideration of the The FAA agrees and has incorporated that the Class C expansion would Committee’s discussions and well-known roads such as U.S. Route encroach upon student pilot training in recommendations, the FAA decided to 27, I–75, Oakland Park Boulevard, etc., the practice areas, such as alert areas A– pursue an alternative airspace design for into the proposed description of the FLL 291B and A–291C, by reducing the FLL. Rather than converting the Class C Class C airspace area. Regarding a airspace available for training in this airspace area at FLL to Class B airspace, reference for the surface area, a suitable congested area. Additionally, a the FAA proposes to retain, but expand, pilotage landmark that is already commenter noted that numerous flight the existing FLL Class C airspace area. charted is the Snake Creek Canal that schools operate out of FXE. There is This alternative would provide all the runs parallel to Flamingo Road in concern that the proposed northern benefits that could be achieved with the Broward County. The canal is about 1 to boundary of the Class C airspace area original FLL Class B concept but with 2 miles outside the western edge of the could eliminate an avenue for student less impact on local VFR and general surface area. Use of that visual landmark pilots transitioning to and from the aviation operations. This NPRM would ensure that VFR pilots remain practice areas. The commenter argued proposes modifications to the FLL Class clear of the surface area. that this might cause flight schools to C airspace area. The proposed A commenter wrote that, with the cease operations at FXE. modifications of the MIA Class B expansion of the Class C airspace area, The current floor of Class C airspace airspace area was addressed in a it is important that adequate ATC over FXE is at 1,200 feet MSL. The FAA
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proposes to establish Class C Area F A commenter highlighted another implemented, Flyways should be (described below) over FXE. Area F concern about the current Class C created for both VFR and IFR traffic would be bounded in the north along configuration involving FXE. The whose destinations are within the South lat. 26°13′53″N (aligned with the eastern commenter stated that when FXE ATCT Florida area. portion of Atlantic Boulevard located in issues a right downwind departure off The FAA acknowledges these Pompano Beach), which lies to the runway 9, the pilot has to rush to get concerns. However, considering this north of FXE. To the south of FXE, the acknowledged by Miami Approach in extremely busy and congested South southern boundary of Area F would be order to not violate the Class C airspace Florida airspace that includes intensive defined by lat. 26°10′03″N (aligned with area. The commenter asked if the north student flight training, a high volume of the eastern most portion of Oakland end of the Class C could be sliced off at VFR transit operations, as well as large Park Boulevard located in Lauderdale Oakland Park Boulevard; or, if not, numbers of commercial operations, the Beach). The floor of Class C airspace in could the floor of the Class C north of proposed FLL Class C airspace Area F would be 2,500 feet MSL instead Oakland Park Boulevard be raised to modifications are essential to of the current 1,200 feet MSL. The 1,600 feet MSL or more. maintaining safety and reducing the risk change would provide more room for The FAA determined that the of midair collisions in the terminal area. operations to and from FXE without the northern boundary of the FLL Class C A north-south oriented VFR Flyway, need for pilots to enter Class C airspace. airspace area could not be set along below 3,000 feet MSL, is currently A commenter said that traffic flying to Oakland Park Boulevard as suggested. depicted on the Miami VFR Flyway and from North Perry Airport (HWO) Oakland Park Boulevard conflicts with Planning Chart (on the reverse side of and Opa Locka Executive Airport (OPF) the proposed Class C surface area. The the Miami Terminal Area Chart). This will be boxed in by the Class C 1,200- current Class C extends well above Flyway is located beneath the western foot MSL shelf causing them to fly low Oakland Park Boulevard. Setting the side of the Miami Class B airspace area, when travelling to and from the northern boundary of the Class C along and the proposed FLL Class C airspace northern areas. The commenter also Atlantic Boulevard instead provides area. The FAA is also considering stated that access to FXE and Pompano more vectoring room north of FLL. The additional Flyways though the area. Airpark (PMP) would be greatly proposed Class C modification would June 2019 Informal Airspace Meeting decreased by the requirement to fly establish Area F, with a floor of 2,500 Comments below 1,200 feet MSL. feet MSL, over FXE. This would provide more room that is beneath the Class C Aircraft operating to and from HWO Over 60 people attended the June airspace to accommodate the downwind and OPF can still transition below the 2019 informal airspace meeting. departure. Two commenters expressed concerns MIA Class B airspace area below 3,000 Two commenters raised the issue that that receiving VFR flight following in feet MSL to join the charted VFR setting the Class C airspace floor at the area can be challenging due to air Flyways beneath the MIA Class B and 1,200-foot MSL, 14 NM from the airport, the proposed FLL Class C airspace areas. as contained in the original proposal, traffic controller workload, and that The 2,500-foot MSL Class C floor in the seems unprecedented. The commenter consideration should be given to proposed Area F (discussed above) suggested some interim altitude, such as adequate staffing to provide this would enhance access to HWO and 1,600 feet MSL, would give users more additional service routinely. This PMP. Note that PMP is outside the flexibility. comment was also received at the proposed northern boundary of the After consideration of the comment, January 2013 informal airspace Class C airspace area. the FAA is modifying the proposal by meetings. Another commenter flying from HWO adding a FLL Class C Subarea E The proposed airspace change would said that the western most edge of the (described below) that would be affect the Miami Terminal Radar FLL Class C airspace area should run bounded on the east by Interstate I–75, Approach Control (TRACON) controller along U.S. Route 27. According to the and on the west by U.S. Route 27. The workload with an anticipated increase commenter, for students flying out over proposed floor of the Class C airspace in of aircraft requesting flight following the Everglades, U.S. Route 27 is the last Area E would be 1,500 feet MSL instead services. Miami TRACON provides IFR visual reference they could use to tell if of the original 1,200 feet MSL. Aircraft services to traffic operating to and from they are clear of the Class C airspace operating at FLL already overfly this FLL. The comment is valid and actions and it is safe to climb. Without that area. The objective of this airspace have been taken to address this concern. reference, according to the commenter, proposal is to provide the least Considering the anticipated greater students would have to fly out much restrictive, yet safe operation in the workload, the FAA has increased the farther to ensure they are actually clear terminal area. utilization of additional radar positions of the Class C airspace. One commenter contended that ATC that provide relief for controllers U.S. Route 27 marks the eastern never clears aircraft through Class C working the Opa Locka Executive boundary of proposed FLL Class C Area airspace, except for occasional direct Airport (OPF)/North Perry Airport C, which would extend westward to the overflights. (HWO) area. These additional positions 25 NM radius of FLL. The floor of Area FAA records show that, in the 12 split the workload in half (east side and C would be at 3,000 feet MSL. U.S. months ending May 31, 2017, FLL west side) and provide extra capacity to Route 27 could still be used as a visual ATCT worked 313,802 operations with handle flight following services. It is reference to indicate the point beyond 303 IFR overflights and 16,234 VFR suggested that pilots consider obtaining which an altitude below 3,000 feet MSL overflights. a discrete transponder code from air would be clear of the proposed FLL A commenter stated that the traffic control before takeoff to ensure Class C airspace area. Additionally, a substantial extensions of Class C that flight following in VFR conditions canal intersecting a pumping station airspace east and west of FLL would can commence shortly after departure. along Interstate I–75 can be used as a force pilots to fly deeper into the One commenter was concerned that visual landmark for the western most everglades or farther out to sea to avoid the expansion of the FLL Class C portion of Area C. There is also a major the Class C airspace. The commenter airspace area would create a precedent rest area on the highway at that location. added that, if the changes are for other locations.
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The purpose of Class C airspace is to modified to provide a cutout with a The Proposal reduce the risk of midair collisions in higher floor allowing increased the terminal area. A number of clearance for VFR access to Fort The FAA is proposing an amendment considerations are evaluated before Lauderdale Executive Airport (FXE). to 14 CFR part 71 to modify the FLL determining whether an airport qualifies Class C airspace area by expanding the Based on previous public comments lateral dimensions to the east and west for the establishment or modification of with the same concern, the FAA raised a Class C airspace area. Proposed Class of the airport, and lowering of some the proposed floor of the Class C airspace floors to enhance safety in the C airspace area designs are based on airspace shelf over FXE to 2,500 feet site-specific factors such as traffic Fort Lauderdale terminal area (see the MSL and moved the proposed northern attached chart). volume and complexity. Class C airspace boundary southward to The current FLL Class C airspace area A commenter suggested a north/south align along the eastern portion of consists of two concentric circles corridor be provided through the FLL Atlantic Boulevard, located in Pompano centered on the airport reference point: Class C airspace area. Beach. These changes allow VFR aircraft Procedures for overflights at FLL are (1) That airspace extending upward to safely maintain separation from FLL governed by a LOA between Miami from the surface to 4,000 feet MSL arrival and departure traffic, while Airport Traffic Control Tower (ATCT) within a 5 NM radius of the airport; and maximizing the amount of operational and FLL ATCT. Current procedures (2) that airspace extending upward from airspace available for pilots operating allow aircraft to transition over FLL at 1,200 feet MSL to 4,000 feet MSL within VFR. 2,500 feet MSL under two-way radio a 10 NM radius of the airport. communication with ATC at Miami One commenter requested the FAA (excluding the airspace within the TRACON; or at low level over the form a new Ad Hoc Committee to adjacent Miami Class B airspace area). shoreline after establishing two-way provide updated recommendations This proposal would update the FLL radio communication with FLL ATCT. regarding the proposed airspace design. airport reference point coordinates to Both transitions provide protection from The FAA originated the Ad Hoc read ‘‘lat. 26°04′18″ N, long. 80°08′59″ aircraft departing/arriving at FLL. Committee concept as a means to get W’’ which reflects the latest information Currently, if ATC is unable to approve preliminary user input during the initial in the Airport Master Records file. In a transition request, the charted VFR design phase of Class B and C airspace addition, the proposal would Flyways to the west of FLL are available proposals, prior to the issuance of an reconfigure the Class C airspace area as an option. NPRM. from the two concentric circles design, Another commenter said that ATC The FAA carefully considered the to a more rectangular shape consisting LOAs should be published for easy request to form a second Ad Hoc of seven sub-areas identified by the access by pilots. Committee. Although significant time letters A though G. The foot print of the As an initial matter, this comment has elapsed since the Committee area would be expanded to the east and falls outside the scope of this submitted its report, its west, but the current 4,000-foot MSL rulemaking. Moreover, LOAs between recommendations remain valid. After ceiling of the Class C airspace area ATC facilities outline procedures full consideration of the Committee’s would be retained. The proposed between facilities to allow for a standard concerns and recommendations, modifications are described below. In operation, such as interfacility including the Committee’s stated desire developing these modifications, the coordination, etc. LOAs do not dictate that the FAA mitigate the impact to FAA has considered the input received procedures that pilots who are not operators outside the Class B airspace from the Ad Hoc Committee, and the operating under ATC instructions need area, and improve the design originally informal airspace meetings. to follow. Because LOAs outline the presented to the Committee, the FAA re- handling of aircraft and interaction Area A. The proposed Area A is a evaluated the airspace design between ATC facilities, they are not modification of the current surface area requirements for the airspace made readily available to pilots. that extends from ground level upward surrounding MIA and FLL. Based on Whenever a pilot is uncertain about an to 4,000 feet MSL. Area A would be that re-evaluation, the FAA will pursue ATC clearance or instruction, that pilot expanded from the current 5 NM radius the alternative to retain, but modify, must immediately request clarification of FLL, to a 7 NM radius of the airport. Class C airspace at FLL, as well as It would be bounded on the north by lat. from ATC. ° ′ ″ A commenter stated that expansion of modifying the MIA Class B airspace. 26 10 03 N (the eastern most portion of the FLL Class C airspace area should This would result in less impact to the Oakland Park Boulevard located in conform to readily recognized VFR and general aviation communities. Lauderdale Beach); and bounded on the landmarks, such as canals, and streets, Further, the public comments received south by a 15 NM radius of the Miami in response to the informal airspace International Airport; and on the to describe the boundaries. ° ′ ″ The FAA agrees and, where feasible, meetings held in 2013 and 2019 led to southeast by lat. 26 00 39 N (the eastern has amended the proposed FLL Class C changes that were incorporated into the most portion of Hollywood Boulevard airspace area description to use various proposed airspace designs. located in Hollywood). streets, such as U.S. Route 27, Interstate Based on the above, the FAA Setting the northern boundary of Area 75, Oakland Park Boulevard, etc., to concluded that sufficient initial A along lat. 26°10′03″N would allow define the boundaries. feedback was received so that the FAA Fort Lauderdale Executive Airport (FXE) Four commenters cited concerns that could develop and publish the airspace to continue using south downwind the originally proposed northern proposal in an NPRM. The NPRM’s 60- departures from the airport and return boundary of the FLL Class C airspace day comment period provides an most of the FXE Class D airspace area area, located just south of Pompano additional opportunity for the public to altitudes to FXE ATCT for their use. The Beach Airpark (PMP), with a floor of submit their views on the proposed FLL proposed southeastern boundary of Area 1,200 feet MSL, would interfere with Class C airspace modification. A would allow aircraft departing North Class D airspace operations at FXE and Therefore, the FAA has decided against Perry Airport (HWO) and Opa Locka PMP. The commenters requested that reforming an Ad Hoc Committee for this Executive Airport (OPF) more room to the Class C airspace north of FLL be proposal. transition to the east overwater.
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Area B. Area B, located west of Area wide, exists in the airspace between the relocation of the northern Class C A, would extend upward from 1,200 feet current 10 NM radius of FLL’s Class C airspace boundary to be aligned with MSL to 4,000 feet MSL. It would be airspace (to the west of the airport), and Atlantic Boulevard, provides a number bounded on the north by lat. the existing MIA Class B airspace area of benefits, including: The use of visual 26°10′03″N; on the west by State Road to the northwest of MIA (in the vicinity references for airspace boundaries; 869/Sawgrass Expressway, Interstate of U.S. Route 27). VFR aircraft that are better access for VFR pilots to the FXE 595 and Interstate 75; on the south by not in communication with ATC and PMP areas; additional room below the 15 NM radius of Miami International frequently transit this gap and are Class C airspace to accommodate Airport; and on the east by the 7 NM climbing or descending through the downwind departures from FXE; better radius of FLL (the western boundary of final approach courses and the access for the flight schools based at Area A). The use of existing major downwind legs for FLL arrivals to FXE and PMP to airspace that is roadways would give VFR pilots better runways 10L/10R. The proposed design regularly used for flight training; and awareness of the airspace boundaries. of Area E is intended to close this gap providing FXE and PMP ATCTs access Area C. Area C would be located at to enhance safety for both FLL traffic to more altitudes within their Class D the western end of the Class C and the transiting VFR aircraft. The airspace areas. expansion. It would extend upward original proposal set the Class C Area G. Area G would extend upward from 3,000 feet MSL to 4,000 feet MSL. airspace floor in this area at 1,200 feet from 1,200 feet MSL to 4,000 feet MSL. Area C would be bounded on the north MSL. Due to concerns about restricting The area boundaries would begin at a by lat. 26°13′53″N (aligned with the VFR aircraft transiting the area, the point northeast of FLL where the 7 NM eastern portion of Atlantic Boulevard proposed Area E floor is raised to 1,500 radius of FLL intersects lat. 26°10′03″N located in Pompano Beach) (which is feet MSL to give VFR aircraft more room (the eastern most portion of Oakland also the proposed northern boundary of to transition north and south. The use Park Boulevard located in Lauderdale FLL Class C airspace area); on the west of existing major roadways to mark the beach); thence moving clockwise along by the 25 NM radius of FLL; on the boundaries gives VFR pilots better ° ′ ″ the 7 NM radius of FLL to a point that south by lat. 25 57 48 N; on the situational awareness of the lateral ° ′ ″ southeast by the 15 NM radius of MIA; confines of Area E. intersects lat. 26 00 39 N (the eastern and on the east by U.S. Route 27. Route Area F. Area F would extend upward most portion of Hollywood Boulevard located in Hollywood); thence moving 27 was selected as the eastern boundary from 2,500 feet MSL to 4,000 feet MSL. ° ′ ″ based on suggestions that visual The area’s boundaries would begin at a east along lat. 26 00 39 N to a point that references be used to provide better point northwest of FLL where U.S. intersects the 15 NM radius of FLL; situational awareness for VFR pilots. Route 27 intersects lat. 26°13′53″N thence moving counterclockwise along Area D. Area D would be located at (aligned with the eastern portion of the 15 NM radius of FLL to a point that ° ′ ″ the eastern end of the Class C Atlantic Boulevard in Pompano Beach); intersects lat. 26 10 03 N; thence ° ′ ″ expansion. It would extend upward thence moving east along lat. moving west along lat. 26 10 03 N, to from 3,000 feet MSL to 4,000 feet MSL. 26°13′53″N to a point that intersects the the point of beginning. Area G would be It would be bounded on the north by lat. 20 NM radius of FLL; thence moving located between Areas A and F. 26°13′53″N (aligned with the eastern clockwise along the 20 NM radius of In addition, this action proposes to portion of Atlantic Boulevard located in FLL to a point that intersects lat. remove the Class E airspace extension to Pompano Beach); on the east by the 25 26°00′39″N; (the eastern most portion of the FLL Class C airspace surface area NM radius of FLL; on the south by lat. Hollywood Boulevard located in (which would become Class C within 26°00′39″N (the eastern most portion of Hollywood); thence moving west along Area A). The proposed expansion of Hollywood Boulevard located in lat. 26°00′39″N to a point that intersects Area A from the current 5 NM radius, Hollywood); and on the west by the 20 the 15 NM radius of FLL; thence moving to a 7 NM radius, would overlie the NM radius of FLL. Area D would form counter-clockwise along the 15 NM Class E airspace extension rendering it the eastern most section of the proposed radius of FLL to a point that intersects unnecessary. FLL Class C airspace area. In the lat. 26°10′03″N (the eastern most portion Class C airspace areas are published original design, the Class C floor in Area of Oakland Park Boulevard located in in paragraph 4000 of FAA Order D was proposed to be 2,500 feet MSL. Lauderdale Beach); thence moving west 7400.11E, dated July 21, 2020 and To accommodate concerns, the along lat. 26°10′03″N to a point that effective September 15, 2002, which is proposed floor is raised to 3,000 feet intersects U.S. route 27; thence moving incorporated by reference in 14 CFR MSL to give VFR pilots a little more north along U.S. Route 27 to the point 71.1. Class E airspace areas designated room to transition beneath the area. of beginning. Area F forms the northern as an extension to a Class C surface area Area E. Area E would extend upward shelf of the FLL Class C airspace area, from 1,500 feet MSL to 4,000 feet MSL. running east and west between areas C are published in paragraph 6003 of FAA It would be bounded on the north by lat. and D, as well as a north/south segment Order 7400.11E. The Class C airspace 26°10′03″N (the eastern most portion of running between Areas G and D. area and Class E airspace extension Oakland Park Boulevard located in With today’s FLL Class C airspace modifications proposed in this Lauderdale Beach); on the east by the configuration, the floor of Class C document would be published north-south portion of Interstate I–75 airspace over FXE is 1,200 feet MSL. subsequently in the Order. and State Road 869/Sawgrass This 1,200-foot floor extends right up to Paperwork Reduction Act Expressway; on the south by the 15 NM PMP. Within the proposed Area F, the radius of MIA; and on the west by U.S. Class C airspace floor would be raised The Paperwork Reduction Act of 1995 Route 27. Area E would be located to 2,500 feet MSL over FXE, and the (44 U.S.C. 3507(d)) requires that the between Areas B and C. northern boundary of Class C airspace FAA consider the impact of paperwork A goal of the design of Area E is to would be moved farther to the south of and other information collection resolve an issue caused by the PMP and aligned with the eastern burdens imposed on the public. The configurations of the current MIA Class portion of Atlantic Boulevard. This FAA has determined that there is no B airspace and the FLL Class C airspace proposed 2,500-foot MSL Class C new information collection requirement areas. A gap, approximately 4–5 NM airspace shelf over FXE, and southward associated with this proposed rule.
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Regulatory Notices and Analyses operations in the congested South including small businesses, not-for- Changes to Federal regulations must Florida airspace, nor the traffic pattern profit organizations, and small undergo several economic analyses. required by the increasing numbers of governmental jurisdictions. First, Executive Order 12866 and turbojet operations at FLL. The goals of Agencies must perform a review to determine whether a rule will have a Executive Order 13563 direct that each the proposal are to reduce the risk of significant economic impact on a Federal agency shall propose or adopt a midair collisions and increase efficiency substantial number of small entities. If regulation only upon a reasoned of air traffic operations in the FLL the agency determines that it will, the determination that the benefits of the terminals. The proposed expansion to Class C agency must prepare a regulatory intended regulation justify its costs. airspace would affect the VFR and flexibility analysis as described in the Second, the Regulatory Flexibility Act general aviation community. VFR RFA. However, if an agency determines of 1980 (Pub. L. 96–354) requires operators would only need to make that a rule is not expected to have a agencies to analyze the economic minor adjustments to accommodate the significant economic impact on a impact of regulatory changes on small expansion. As mentioned above, the substantial number of small entities, entities. Third, the Trade Agreements FAA considered recommendations from section 605(b) of the RFA provides that Act (Pub. L. 96–39) prohibits agencies an Ad Hoc Committee as well as the the head of the agency may so certify from setting standards that create four informal airspace meetings from and a regulatory flexibility analysis is unnecessary obstacles to the foreign the stakeholders on the planned not required. The certification must commerce of the United States. In modifications to the FLL airspace. The include a statement providing the developing U.S. standards, this Trade feedback resulted in changes to the factual basis for this determination, and Act requires agencies to consider airspace design with the intent of the reasoning should be clear. international standards and, where maintaining safety and minimizing the The proposed rule would modify appropriate, that they be the basis of impact to operators using the Class C airspace around FLL. The U.S. standards. Fourth, the Unfunded surrounding airspace. Additionally, change would affect general aviation Mandates Reform Act of 1995 (Pub. L. VFR operators can also use the current operators using the airspace at or near 104–4) requires agencies to prepare a north-south charted VFR flyway below FLL. Operators flying VFR would need written assessment of the costs, benefits, the 3,000-foot Class B floor to the west to adjust their flight paths to avoid the and other effects of proposed or final of MIA, which enables pilots to fly modified Class C airspace. However, the rules that include a Federal mandate beneath the Class B, and east-west modifications to Class C airspace are likely to result in the expenditure by flyway below 2000 MSL located to the intended to be the least restrictive State, local, or tribal governments, in the south of HWO, or to the north of Miami option while enhancing safety. aggregate, or by the private sector, of OPF. Therefore, the FAA expects the Additionally, VFR operators can also $100 million or more annually (adjusted Class B modifications in this proposal use the current north-south charted VFR for inflation with base year of 1995). would result in minimal cost to VFR flyway below the 3,000-foot Class B This portion of the preamble operators. The FAA requests comments floor to the west of MIA, which enables summarizes the FAA’s analysis of the on the benefits and costs of this pilots to fly beneath the Class B, and economic impacts of this proposed rule. proposal to inform the final rule. east-west flyway below 2000 MSL In conducting these analyses, the FAA The discussion presented in this located to the south of HWO, or to the has determined that this proposed rule: section reflects conditions that predate north of Miami OPF. VFR pilots have (1) Is expected to have a minimal cost the public health emergency concerning the option to contact ATC at Miami impact, (2) is not an economically the novel coronavirus disease (COVID– TRACON or FLL ATCT, and request ‘‘significant regulatory action’’ as 19) in 2020. At the time of writing, there flight following, if desired. Therefore, as defined in section 3(f) of Executive is uncertainty surrounding the timing of provided in section 605(b), the head of Order 12866, (3) is not significant under recovery and the long-term effects from the FAA certifies that this rulemaking DOT’s administrative procedure rule on the public health emergency. To the would not result in a significant rulemaking at 49 CFR 5.13; (4) not have extent that there are lingering or lasting economic impact on a substantial a significant economic impact on a changes to general aviation and air number of small entities. substantial number of small entities; (5) carrier operations, the benefits and costs International Trade Impact Assessment does not create unnecessary obstacles to of the FLL Class C airspace modification the foreign commerce of the United in this proposal may vary relative to the The Trade Agreements Act of 1979 States; and (6) does not impose an level of future operations. (Pub. L. 96–39), as amended by the unfunded mandate on state, local, or Uruguay Round Agreements Act (Pub. tribal governments, or on the private Regulatory Flexibility Determination L. 103–465), prohibits Federal agencies sector by exceeding the threshold The Regulatory Flexibility Act of 1980 from establishing standards or engaging identified above. These analyses are (Pub. L. 96–354) (RFA) establishes ‘‘as a in related activities that create summarized below. principle of regulatory issuance that unnecessary obstacles to the foreign As discussed above, the FAA agencies shall endeavor, consistent with commerce of the United States. determined that changes put forth in the objectives of the rule and of Pursuant to these Acts, the this proposed rule would increase applicable statutes, to fit regulatory and establishment of standards is not airspace safety and efficiency. The informational requirements to the scale considered an unnecessary obstacle to proposed rule would reconfigure and of the businesses, organizations, and the foreign commerce of the United expand the FLL Class C airspace. governmental jurisdictions subject to States, so long as the standard has a Despite significant increases in aircraft regulation.’’ To achieve this principle, legitimate domestic objective, such as operations and passenger enplanements agencies are required to solicit and the protection of safety, and does not over the years, the FLL Class C airspace consider flexible regulatory proposals operate in a manner that excludes has not been modified since its and to explain the rationale for their imports that meet this objective. The inception in 1986. The current Class C actions to assure that such proposals are statute also requires consideration of airspace area is not sufficient to given serious consideration.’’ The RFA international standards and, where accommodate the volume of aircraft covers a wide-range of small entities, appropriate, that they be the basis for
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U.S. standards. The FAA has assessed The United States is a contracting state effective September 15, 2020, is the potential effect of this proposed rule to the Convention. Article 3(d) of the amended as follows: and determined that it would improve Convention provides that participating Paragraph 4000—Subpart C—Class C safety and is consistent with the Trade state aircraft will be operated in Airspace Agreements Act. international airspace with due regard * * * * * Unfunded Mandates Assessment for the safety of civil aircraft. Since this proposal involves, in part, the ASO FL C Fort Lauderdale-Hollywood Title II of the Unfunded Mandates designation of navigable airspace International Airport, FL Reform Act of 1995 (Pub. L. 104–4) outside the United States, the Fort Lauderdale-Hollywood International requires each Federal agency to prepare Administrator consulted with the Airport, FL a written statement assessing the effects Secretary of State and the Secretary of (Lat. 26°04′18″N, long. 80°08′59″W) of any Federal mandate in a proposed or Defense in accordance with the Boundaries final agency rule that may result in an provisions of Executive Order 10854. expenditure of $100 million or more (in Area A. That airspace extending upward The Department of State responded from the surface to and including 4,000 feet 1995 dollars) in any one year by State, with no objection to the proposed local, and tribal governments, in the MSL within a 7 nautical mile radius of Fort expansion of the Miami Class B and Fort Lauderdale-Hollywood International Airport, aggregate, or by the private sector; such Lauderdale Class C airspace areas. The excluding the airspace North of lat. 26°10′03″ a mandate is deemed to be a ‘‘significant Department of Defense Policy Board on N (the eastern most portion of Oakland Park regulatory action.’’ The FAA currently Federal Aviation (PBFA) concurred with Boulevard located in Lauderdale Beach), and uses an inflation-adjusted value of $155 comment on the proposal stating the bounded on the south by a 15 nautical mile million in $100 million. This proposed following: ‘‘We would like to document radius of Miami International Airport, and on rule does not contain such a mandate; the southeast by lat. 26°00′39″ N (the eastern our concerns that extending these areas most portion of Hollywood Boulevard therefore, the requirements of Title II of into international airspace places the Act do not apply. located in Hollywood). additional restrictions and equipage Area B. That airspace extending upward ICAO Considerations requirements on aircraft who normally from 1,200 feet MSL to and including 4,000 transit this airspace. Additionally we feet MSL beginning at a point northwest of As part of this proposal relates to Fort Lauderdale-Hollywood International navigable airspace outside the United believe such ATC expansions could set a precedent and encourage/allow Airport at the intersection of a 7 nautical States, this notice is submitted in mile radius of Fort Lauderdale-Hollywood accordance with the International Civil foreign nations to exert more restrictive ° ′ ″ control measures in other international International Airport and lat. 26 10 03 N, Aviation Organization (ICAO) thence moving west along lat. 26°10′03″ N International Standards and airspaces with no limits to the lateral (the eastern most portion of Oakland Park Recommended Practices. confines, all in the name of commerce Boulevard located in Lauderdale Beach), to a The application of International and safety.’’ point that intersects State Road 869/Sawgrass Expressway, thence moving south along State Standards and Recommended Practices Environmental Review by the Air Traffic Service, FAA, in areas Road 869/Sawgrass Expressway, [continuing This proposal will be subject to an south across the intersection of State Road outside the United States domestic environmental analysis in accordance 869/Sawgrass Expressway, Interstate 595, airspace, is governed by the Convention with FAA Order 1050.1F, and Interstate 75], and continuing south on International Civil Aviation. ‘‘Environmental Impacts: Policies and along Interstate 75 to a point that intersects Specifically, the FAA is governed by a 15 nautical mile radius of Miami Procedures’’ prior to any FAA final Article 12 and Annex 11, which pertain International Airport, thence moving regulatory action. to the establishment of necessary air clockwise along the 15 nautical mile radius navigational facilities and services to List of Subjects in 14 CFR Part 71 to a point that intersects the 7 nautical mile radius of Fort Lauderdale-Hollywood promote the safe, orderly, and Airspace, Incorporation by reference, expeditious flow of civil air traffic. The International Airport, thence moving Navigation (air). clockwise along the 7 nautical mile radius to purpose of Article 12 and Annex 11 is the point of beginning. to ensure that civil aircraft operations The Proposed Amendment Area C. That airspace extending upward on international air routes are In consideration of the foregoing, the from 3,000 feet MSL to and including 4,000 performed under uniform conditions. feet MSL within an area bounded on the Federal Aviation Administration ° ′ ″ The International Standards and proposes to amend 14 CFR part 71 as north by lat. 26 13 53 N (aligned with the eastern portion of Atlantic Boulevard located Recommended Practices in Annex 11 follows: apply to airspace under the jurisdiction in Pompano Beach), on the west by a 25 of a contracting state, derived from PART 71—DESIGNATION OF CLASS A, nautical mile radius of Fort Lauderdale- ICAO. Annex 11 provisions apply when Hollywood International Airport, on the B, C, D, AND E AIRSPACE AREAS; AIR South by lat. 25°57′48″ N, on the southeast air traffic services are provided and a TRAFFIC SERVICE ROUTES; AND by a 15 nautical mile radius of Miami contracting state accepts the REPORTING POINTS International Airport, and on the east by US responsibility of providing air traffic Route 27. services over high seas or in airspace of ■ 1. The authority citation for part 71 Area D. That airspace extending upward undetermined sovereignty. A continues to read as follows: from 3,000 feet MSL to and including 4,000 feet MSL within an area bounded on the contracting state accepting this Authority: 49 U.S.C. 106(f), 106(g), 40103, north by lat. 26°13′53″ N (aligned with the responsibility may apply the 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, eastern portion of Atlantic Boulevard located International Standards and 1959–1963 Comp., p. 389. Recommended Practices that are in Pompano Beach), on the east by a 25 nautical mile radius of Fort Lauderdale- consistent with standards and practices § 71.1 [Amended] ■ Hollywood International Airport, on the utilized in its domestic jurisdiction. 2. The incorporation by reference in south by lat. 26°00′39″ N (the eastern most In accordance with Article 3 of the 14 CFR 71.1 of the Federal Aviation portion of Hollywood Boulevard located in Convention, state-owned aircraft are Administration Order 7400.11E, Hollywood), and on the west by a 20 nautical exempt from the Standards and Airspace Designations and Reporting mile radius of Fort Lauderdale-Hollywood Recommended Practices of Annex 11. Points, dated July 21, 2020, and International Airport.
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Area E. That airspace extending upward Hollywood International Airport, thence radius of Fort Lauderdale-Hollywood from 1,500 feet MSL to and including 4,000 moving clockwise along the 20 nautical mile International Airport and lat. 26°10′03″ N feet MSL within an area bounded on the radius to a point that intersects lat. 26°00′39″ (the eastern most portion of Oakland Park ° ′ ″ north by lat. 26 10 03 N (the eastern most N (the eastern most portion of Hollywood Boulevard located in Lauderdale Beach), portion of Oakland Park Boulevard located in Boulevard located in Hollywood), thence thence moving clockwise along the 7 nautical Lauderdale Beach), on the east by the north- moving west to a point that intersects a 15 mile radius to a point that intersects lat. south portion of Interstate 75 and State Road nautical mile radius of Fort Lauderdale- 26°00′39″ N (the eastern most portion of 869/Sawgrass Expressway, on the south by a Hollywood International Airport, thence 15 nautical mile radius of Miami moving counter-clockwise along the 15 Hollywood Boulevard located in Hollywood), ° ′ ″ International Airport, and on the west by US nautical mile radius to a point that intersects thence moving east along lat. 26 00 39 N to Route 27. lat. 26°10′03″ N (the eastern most portion of a point that intersects a 15 nautical mile Area F. That airspace extending upward Oakland Park Boulevard located in radius of Fort Lauderdale-Hollywood from 2,500 feet MSL to and including 4,000 Lauderdale Beach), thence moving west International Airport, thence moving feet MSL beginning northwest of Fort along lat. 26°10′03″ N to a point that counter-clockwise along the 15 nautical mile Lauderdale-Hollywood International Airport intersects US Route 27, thence moving north radius to a point that intersects lat. 26°10′03″ at a point that intersects US Route 27 and lat. along US Route 27 to the point of beginning. N, thence moving west along lat. 26°10′03″ N ° ′ ″ 26 13 53 N (aligned with the eastern portion Area G. That airspace extending upward to the point of beginning. of Atlantic Boulevard located in Pompano from 1,200 feet MSL to and including 4,000 Beach), thence moving east along lat. feet MSL beginning northeast of Fort Paragraph 6003—Subpart E—Class E 26°13′53″ N to a point that intersects a 20 Lauderdale-Hollywood International Airport Airspace Areas Designated as an Extension nautical mile radius of Fort Lauderdale- at a point that intersects a 7 nautical mile to a Class C Surface Area.
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PROPOSED MODIFICATION OF THE FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT CLASS C AIRSPACE AREA (Docket Number 18-A WA-3)
•SCT
AREAF FXE I 025-040 • t
2 z ARE"-C 2 AREA.A 2 z FU. 2 AREAG 2 N .... z z z "' 030-040 012-040 SFC--040 • .... 012-040 :!? 0J0.Q4Q "'N •IMO
OPF NOTTO SCALE • NOT FOR NAVIGATION
•OHP
Abbreviations
BCT Boca Raton Airport FLL Fort Lauderdale/Hollywood International Airport FXE Fort Lauderdale Executive Airport HWO North Perry Airport MIA Miami International Airport OPF Opa Locka Executive PMP Pompano Beach Airpark DIIP Dolphin VORTAC
ASO FL E3 Fort Lauderdale, FL DEPARTMENT OF ENERGY Energy Regulatory Commission’s [Remove] (Commission) Rules of Practice and Federal Energy Regulatory Procedure, and section 553 of the Issued in Washington, DC, on March 29, Commission Administrative Procedure Act, filed a 2021. petition requesting that the Commission George Gonzales, 18 CFR Part 101 amend the Uniform Systems of Acting Manager, Rules and Regulations [Docket No. RM21–15–000] Accounts requirements for payments to Group. industry associations engaged in [FR Doc. 2021–06805 Filed 4–1–21; 8:45 am] Petition for Rulemaking of Center for lobbying or other influence-related activities, all as more fully explained in BILLING CODE 4910–13–P Biological Diversity the petition. AGENCY: Federal Energy Regulatory DATES: Commission, DOE. Comments due 5 p.m. Eastern time on April 26, 2021. ACTION: Petition for rulemaking. ADDRESSES: The Commission strongly SUMMARY: Take notice that, on March encourages electronic filing of 17, 2021, Center for Biological Diversity, comments in lieu of paper using the pursuant to Rule 207 of the Federal eFile link at http://www.ferc.gov. In lieu
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of electronic filing, you may submit a DEPARTMENT OF LABOR of Foreign Labor Certification, paper copy. Submissions sent via the Employment and Training U.S. Postal Service must be addressed Employment and Training Administration, Department of Labor, to: Kimberly D. Bose, Secretary, Federal Administration 200 Constitution Avenue NW, Room N– Energy Regulatory Commission, 888 5311, Washington, DC 20210, telephone: First Street NE, Room 1A, Washington, 20 CFR Parts 655 and 656 (202) 693–8200 (this is not a toll-free DC 20426. Submissions sent via any [Docket No. ETA–2021–0003] number). Individuals with hearing or speech impairments may access the other carrier must be addressed to: RIN 1205–AC00 Kimberly D. Bose, Secretary, Federal telephone numbers above via TTY/TDD by calling the toll-free Federal Energy Regulatory Commission, 12225 Request for Information on Data Information Relay Service at 1 (877) Wilkins Avenue, Rockville, Maryland Sources and Methods for Determining 889–5627. 20852. Prevailing Wage Levels for the Temporary and Permanent SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Employment of Certain Immigrants and I. Background Laura Vallance, Office of Enforcement, Non-Immigrants in the United States Federal Energy Regulatory Commission, The Immigration and Nationality Act 888 First Street NE, Washington, DC AGENCY: Employment and Training (INA), as amended, assigns certain 20426, (202) 502–8395, Administration, Department of Labor. responsibilities to the Secretary of Labor [email protected]. ACTION: Request for information (RFI). (Secretary) relating to wages and working conditions of certain categories SUPPLEMENTARY INFORMATION: Any SUMMARY: The Department of Labor of immigrant and nonimmigrant foreign person desiring to intervene or to (Department) invites interested parties workers.1 The Secretary issues protest this filing must file in to provide information on the sources of permanent labor certifications for accordance with Rules 211 and 214 of data and methodologies for determining certain employment-based immigrants the Commission’s Rules of Practice and prevailing wage levels covering and certifies labor condition Procedure (18 CFR 385.211, 385.214). employment opportunities that United applications (LCAs) for the temporary Protests will be considered by the States (U.S.) employers seek to fill with employment of foreign workers in Commission in determining the foreign workers on a permanent or specialty occupations under the H–1B, appropriate action to be taken, but will temporary basis through certain H–1B1, and E–3 visa classifications.2 A not serve to make protestants parties to employment-based immigrant visas or specialty occupation is an occupation through H–1B, H–1B1, E–3 the proceeding. Any person wishing to that requires theoretical and practical nonimmigrant visas. The information become a party must file a notice of application of a body of highly received in response to this RFI will specialized knowledge and the intervention or motion to intervene, as inform and be considered by the appropriate. Such notices, motions, or attainment of a bachelor’s or higher Department as it reviews the final rule degree in the specific specialty, or its protests must be filed on or before the entitled Strengthening Wage Protections comment date. Anyone filing a motion equivalent, as a minimum for entry into for the Temporary and Permanent 3 to intervene or protest must serve a copy the occupation in the United States. Employment of Certain Aliens in the The Department may issue a of that document on the Petitioner. In United States, published in the Federal permanent labor certification only after addition to publishing the full text of Register on January 14, 2021, which a determination that employment of the this document in the Federal Register, may result in the development of a foreign worker will not adversely affect the Commission provides all interested future notice of proposed rulemaking to the wages and working conditions of persons an opportunity to view and/or revise the computation of prevailing U.S. workers similarly employed.4 print the contents of this document via wage levels in a manner that more Employers seeking to employ an the internet through the Commission’s effectively ensures the employment of immigrant foreign worker on a Home Page (http://www.ferc.gov) using certain immigrant and nonimmigrant permanent basis must attest that they the eLibrary link. Enter the docket workers does not adversely affect the will pay at least the prevailing wage and number excluding the last three digits in wages of U.S. workers similarly obtain a Prevailing Wage Determination the docket number field to access the employed. (PWD) for the job opportunity from the document. At this time, the Commission DATES: Submit written comments on or Department.5 Similarly, employers has suspended access to Commission’s before June 1, 2021. seeking to employ a nonimmigrant Public Reference Room, due to the ADDRESSES: You may submit written foreign worker on a temporary basis proclamation declaring a National comments electronically by the under the H–1B, H–1B1, or E–3 Emergency concerning the Novel following method: programs must attest that they will pay Coronavirus Disease (COVID–19), issued • Federal eRulemaking Portal: http:// the higher of the actual wage paid to by the President on March 13, 2020. For www.regulations.gov. Follow the employees with similar experience and assistance, contact FERC at instructions on the website for qualifications or the prevailing wage for [email protected] or call submitting comments. 1 toll-free, (886) 208–3676 or TYY, (202) Instructions. Include the docket There are two general categories of U.S. visas: Immigrant and nonimmigrant. Immigrant visas are 502–8659. number ETA–2021–0003 in your comments. All comments received will issued to foreign nationals who intend to live Issued: March 25, 2021. permanently in the U.S. Nonimmigrant visas are for be posted without change to http:// foreign nationals who enter the U.S. on a temporary Nathaniel J. Davis, Sr., www.regulations.gov. Please do not basis—for tourism, medical treatment, business, Deputy Secretary. include any personally identifiable or temporary work, study, or other reasons. 2 confidential business information you 8 U.S.C. 1101(a)(15)(E)(iii), (a)(15)(H)(i)(b), [FR Doc. 2021–06624 Filed 4–1–21; 8:45 am] (a)(15)(H)(i)(b1). BILLING CODE 6717–01–P do not want publicly disclosed. 3 See 8 U.S.C 1184(i). FOR FURTHER INFORMATION CONTACT: 4 8 U.S.C. 1182(a)(5)(A)(i)(II). Brian Pasternak, Administrator, Office 5 20 CFR 656.10(c)(1), 656.15(b)(1), and 656.40(a).
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the occupational classification in the its prevailing wage guidance in 1997.9 Department applied the formula in the area of intended employment.6 These At the time, the Department divided INA to its two existing wage levels to set employers may obtain a PWD from the OES wage data into two skill levels: a Levels I through IV.15 In 2010, the Department, but have the option to use Level I wage for ‘‘beginning level Department centralized the prevailing other sources, including a compliant employees’’ and a Level II wage for wage determination process for employer-provided wage survey, to ‘‘fully competent employees.’’ Because nonagricultural labor certification determine the prevailing wage.7 A the OES survey does not provide data programs within OFLC’s National general overview of the labor about skill differentials within Standard Prevailing Wage Center (NPWC).16 In certification and prevailing wage Occupational Classification (SOC) preparation for this transition, the process, as well as further background codes, the Department established the Department issued new Prevailing Wage on the rulemaking, is available in the entry and experienced skill levels Determination Policy Guidance for 10 Department’s Final Rule published in mathematically. Specifically, under a Nonagricultural Immigration Programs 17 the Federal Register on January 14, Memorandum of Understanding, BLS (2009 Guidance). This guidance 2021, and will not be restated herein. 86 computed a Level I wage calculated as currently governs OFLC’s PWD process FR 3608, 3608–3611. the mean of the lowest paid one-third of for the PERM, H–1B, H–1B1, and E–3 workers in a given occupation and a visa programs. II. Prevailing Wage Background Level IV wage calculated as the mean When assigning a prevailing wage wage of the highest paid upper two- using OES data, the NPWC examines the A. The Department’s Prevailing Wage thirds of workers.11 nature of the job offer, the area of Determination Methodology In the H–1B Visa Reform Act of 2004, intended employment, and the job The Department has long relied on Congress amended the INA to provide duties for workers that are similarly that where the Department ‘‘uses, or 18 BLS’s OES data to establish prevailing employed. In particular, the NPWC makes available to employers, a wage levels. The OES is a uses the SOC taxonomy to classify the governmental survey to determine the comprehensive, statistically valid employer’s job opportunity into an prevailing wage, such survey shall survey that is currently used for occupation by comparing the provide at least 4 levels of wages employer’s job description, title, and satisfying the Department’s purposes in commensurate with experience, setting wages in most immigrant and requirements to occupational education, and the level of information provided in sources like the nonimmigrant programs. The OES wage supervision.’’ 12 Further, the survey is among the largest continuous Department’s Occupational Information amendment provided that where the 19 statistical survey programs of the Network (O*Net). Once the NPWC ‘‘survey has only 2 levels, 2 identifies the applicable SOC code, it Federal Government. BLS produces the intermediate levels may be created by survey materials and selects the determines the appropriate wage level dividing by 3, the difference between for the job opportunity by comparing nonfarm establishments to be surveyed the 2 levels offered, adding the quotient the employer’s job description, title, and using the list of establishments thus obtained to the first level and requirements to those normally required maintained by State Workforce Agencies subtracting that quotient from the for the occupation, as reported in (SWAs) for unemployment insurance 13 second level.’’ sources like O*Net. This determination purposes. The OES collects data from In order to implement the INA’s four- involves a step-by-step process in which over one million establishments. Salary tier prevailing wage provision, the each job opportunity begins at Level I levels based on geographic areas are Department published comprehensive (entry level) and may progress to Level available at the national and State levels Prevailing Wage Determination Policy II (experienced), Level III (qualified), or and for certain territories in which Guidance for Nonagricultural Level IV (fully competent) based on the statistical validity can be ascertained, Immigration Programs (2005 Guidance), NPWC’s comparison of the job including the District of Columbia, which expanded the two-tier OES wage opportunity to occupational Guam, Puerto Rico, and the U.S. Virgin level system to provide four ‘‘skill requirements, including the education, Islands. Salary information is also made levels:’’ Level I ‘‘entry level,’’ Level II training, experience, skills, knowledge, available at the metropolitan and ‘‘qualified,’’ Level III ‘‘experienced,’’ and Level IV ‘‘fully competent.’’ 14 The nonmetropolitan area levels within a 15 2005 Guidance at 1. State. Wages for the OES survey are 16 See Labor Certification Process and straight-time, gross pay, exclusive of 9 Prevailing Wage Policy for Nonagricultural Enforcement for Temporary Employment in premium pay. Base rate, cost-of-living Immigration Programs, General Administration Occupations Other Than Agriculture or Registered Letter No. 2–98 (GAL 2–98) (Oct. 31, 1997), Nursing in the United States (H–2B Workers), and allowances, guaranteed pay, hazardous _ available at https://wdr.doleta.gov/directives/corr Other Technical Changes, 73 FR 78020 (Dec. 19, duty pay, incentive pay including doc.cfm?DOCN=942. 2008); Prevailing Wage Determinations for Use in commissions and production bonuses, 10 GAL 2–98 at 5. the H–1B, H–1B1 (Chile/Singapore), H–1C, H–2B, E– tips, and on-call pay are included. The 11 Intra-Agency Memorandum of Understanding 3 (Australia), and Permanent Labor Certification executed by Mr. John R. Beverly, III, Director, U.S. Programs; Prevailing Wage Determinations for Use Department continues to believe the Employment Service, ETA, and Ms. Katharine in the Commonwealth of the Northern Mariana inclusion of all the features described Newman, Chief, Division of Financial Planning and Islands, 74 FR 63796 (Dec. 4, 2009). above make the OES a valuable source Management, Office of Administration, BLS (Sept. 17 Employment and Training Administration for use in many of the Department’s 30, 1998). Prevailing Wage Determination Policy Guidance, 12 foreign labor programs.8 Consolidated Appropriations Act, 2005, Public Nonagricultural Immigration Programs (revised Law 108–447, div. J, tit. IV, § 423; 118 Stat. 2809 Nov. 2009) (hereinafter 2009 Guidance), available The Department incorporated the (Dec. 8, 2004). at https://www.dol.gov/sites/dolgov/files/ETA/oflc/ wage component of the OES survey into 13 See 8 U.S.C. 1182(p)(4). pdfs/NPWHC_Guidance_Revised_11_2009.pdf. 14 Employment and Training Administration, 18 Id. at 3. Prevailing Wage Determination Policy Guidance, 19 Id. at 1–7; see also Occupational Information 6 8 U.S.C. 1182(n)(1)(A), (t)(1)(A); 20 CFR Nonagricultural Immigration Programs, at 7 (May Network, available at http://online.onetcenter.org. 655.731(a). 2005)(hereinafter 2005 Guidance), available at O*Net provides information on skills, abilities, 7 20 CFR 655.731(a)(2)(ii)(A)–(C). https://www.foreignlaborcert.doleta.gov/pdf/policy_ knowledge, tasks, work activities, and specific 8 Wage Methodology for the Temporary Non- nonag_progs.pdf; see also 85 FR 63872, 63874– vocational preparation levels associated with agricultural Employment H–2B Program, 76 FR 63876 for a discussion of the development of the occupations and stratifies occupations based on 3452, 3458 (Jan. 19, 2011). prevailing wage determination process. shared skill, education, and training indicators.
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and tasks required in the occupation.20 of Certain Aliens in the United States, 15154. The Department explained that After determining the prevailing wage with an effective date of March 15, the proposal is intended to provide a level, the NPWC issues a PWD to the 2021. 86 FR 3608. With this final rule, sufficient amount of time to thoroughly employer using the OES wage for that the Department adopted a number of consider the legal and policy issues level in the occupation and area of modifications to the wage methodology raised in the rule, provide time to intended employment. established by the IFR. In particular, the compute and validate prevailing wage data and take other steps to allow for an B. Procedural History Revising the Department adjusted the Level I wage orderly implementation, and offer the Computation of Prevailing Wage Levels and the Level IV wage downward to the public, through the issuance of this RFI, Based on the OES Survey 35th percentile and 90th percentile, respectively. Under the final rule, the an opportunity to provide information On October 8, 2020, the Department’s Department continues to calculate the on the sources and methods for Employment and Training two intermediate wage levels in determining prevailing wage levels, Administration (ETA), published an accordance with 8 U.S.C. 1182(p)(4), which could be used to inform potential Interim Final Rule (IFR), 85 FR 63872, establishing the prevailing wage for new proposal(s) to amend ETA’s revising the methodology the Levels I through IV, respectively, at regulations governing prevailing wages Department uses to determine approximately the 35th percentile, the for PERM, H–1B, H–1B1, and E–3 job prevailing wage levels for the H–1B, H– 53rd percentile, the 72nd percentile, opportunities. See 86 FR 15154, 15155. 1B1, E–3, and PERM programs. Because and the 90th percentile. 86 FR 3608, III. Request for Public Comment the Department determined that the 3653–3654. However, the Department existing wage levels were artificially included two sets of transition periods Through this RFI, the Department is low and provided an opportunity for under which these adjustments to the soliciting public input on the available employers to hire and retain foreign new wage levels will not begin until sources of data and methodologies that workers at wages well below what their July 1, 2021. 86 FR 3608, 3642. For most can be used in computing different U.S. counterparts earn, the Department job opportunities, the transition would levels of wages based on the OES wage revised wage provisions at 20 CFR occur in two steps and conclude on July survey, commensurate with experience, 655.731 and 656.40 to adjust the 1, 2022. For job opportunities that will education, and level of supervision for existing wage levels. 85 FR 63872, be filled by workers who are the a specific occupation and geographic 63877. Specifically, the Department beneficiary of an approved Immigrant area. Submissions may include, but are not limited to, written narratives that adjusted the four wage levels, Petition for Alien Worker, or successor respectively, from approximately the answer the questions presented in this form, or are eligible for an extension of 17th, 34th, 50th, and 67th percentiles to RFI, quantitative or qualitative data their H–1B status under sections 106(a) approximately the 45th, 62nd, 78th, and analysis, reports or studies, and other and (b) of the American 95th percentiles. 85 FR 63872, 63888– estimation techniques and Competitiveness in the Twenty-first 63894. methodologies, whether published or Century Act of 2000, Public Law 106– The Department also determined that unpublished, relevant to determining 313, as amended by the 21st Century it had good cause to issue the IFR wage values or levels within a specific Department of Justice Appropriations without prior notice and opportunity for occupational wage distribution and Authorization Act, Public Law 107–273 the public to comment. 85 FR 63872, geographic area. 63898. The Department published the (2002), the transition would occur in Responses to this RFI are voluntary IFR with an immediate effective date, four steps and conclude on July 1, 2024. and may be submitted anonymously. but provided for the submission of 86 FR 3608, 3660. Written narratives providing factual or public comments during a prescribed On March 12, 2021, based on public evidence-based information should also 30-day public comment period that comments received on the Department’s provide citations of sources, and copies closed on November 9, 2020. During proposal to delay the effective date of of and links to the source material this 30-day period, the Department the rule for a period of 60 days to begin should be provided. If primary sources received 2,340 comments. Several reviewing questions of fact, law, and are used, such as reports, research commenters supported the IFR because policy raised in the final rule, the studies, or other sources of quantitative they thought that it established wages Department published a final rule or qualitative data, the Department is more closely aligned with actual wage delaying the effective date of the final requesting that responders provide levels and would prevent abuse of the rule until May 14, 2021. 86 FR 13995. details on the data-gathering techniques program by those employers and their The Department acknowledged or methodologies and any supporting clients seeking to use the H–1B program concerns that were raised by the technical documentation. For example, as a lower cost alternative to hiring U.S. commenters as well as in pending input related to occupational wage workers. However, most commenters litigation challenging the Department’s sources and methods will be most opposing the IFR expressed concern that IFR, and, subsequently, the final rule useful if the responder explains, in the revised wage levels did not published on January 14, 2021. The detail, the type of information provided, correspond to wages paid to U.S. Department explained that it had the particular value of that information workers similarly employed. Four already begun its comprehensive review for determining prevailing wage levels, groups of plaintiffs separately of this rulemaking and may need to take the methodology used to obtain the challenged the IFR and, in each case, additional action as necessary to information, and the contexts in which the district court entered an order that complete such a review. See 86 FR the information can and cannot be set aside or enjoined the IFR on 13995, 13997. The Department obtained on a consistent basis. The procedural grounds. 86 FR 3608, 3612. subsequently issued a notice of Department also welcomes information On January 14, 2021, the Department proposed rulemaking on March 22, that explains why a particular published a final rule entitled 2021, to further delay the effective date methodology or data source to Strengthening Wage Protections for the of the final rule by eighteen months or determine wage values or levels should Temporary and Permanent Employment until November 14, 2022, along with not be used. corresponding proposed delays to the Please do not include any personally 20 2009 Guidance at 6. rule’s transition dates. 86 FR 15154, identifiable information or any
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information that you do not wish to materials based on the questions Agenda of Regulatory and Deregulatory make public. Proprietary, classified, provided in this RFI. The Department Actions. confidential, or sensitive information has provided the list of questions above DATES: The proposed rule published at should not be included in your as a framework for the scope of this RFI 84 FR 20589, May 10, 2019, is response. The information received in and invites any submission that withdrawn as of April 2, 2021. response to this RFI will inform and be addresses those questions and provides ADDRESSES: Department of Housing and considered by the Department as it useful information for the Department’s Urban Development, 451 7th Street SW, reviews the final rule published in the consideration from all interested Room 10282, Washington, DC 20410. Federal Register on January 14, 2021, 86 stakeholders, including members of the FOR FURTHER INFORMATION CONTACT: FR 3608, which may result in the public, worker advocacy organizations Aaron Santa Anna, Associate General development of a future notice of and labor unions, employers, trade Counsel for Legislation and Regulations, proposed rulemaking to revise the associations, public advocacy Office of General Counsel, Department computation of prevailing wage levels organizations, and others, including of Housing and Urban Development, in a manner that is consistent with the universities and research institutions, 451 7th Street SW, Room 10282, INA and more effectively ensures the familiar with or interested in the Washington, DC 20410; telephone employment of certain immigrant and prevailing wage determination number 202–402–5138 (this is not a toll- nonimmigrant workers does not methodology used in the PERM, H–1B, free number). Persons with hearing or adversely affect the wages of U.S. H–1B1, and E–3 programs. speech impairments may access this workers similarly employed. Suzan G. LeVine, number through TTY by calling the Accordingly, the Department invites the Federal Relay Service at 800–877–8339 public to answer one or more of the Principal Deputy Assistant Secretary for Employment and Training, Labor. (this is a toll-free number). following questions in their SUPPLEMENTARY INFORMATION: In a submissions: [FR Doc. 2021–06889 Filed 4–1–21; 8:45 am] BILLING CODE 4510–FP–P memorandum dated January 20, 2021 1. What sources of data and methods are and published in the Federal Register available that can be used alone, or in on January 28, 2021, the Assistant to the conjunction with other sources and methods, President and Chief of Staff, on behalf to approximate the wage level within an DEPARTMENT OF HOUSING AND occupational wage distribution based on the URBAN DEVELOPMENT of the President, directed the heads of OES wage survey and takes into account Executive Departments and Agencies to education, experience, and level of 24 CFR Part 5 review ‘‘rules 1 that have been published supervision for U.S. workers similarly in the Federal Register, or rules that employed across industries for specific [Docket No. FR–6124–N–02] have been issued in any manner, but occupation(s) and geographic area(s)? RIN 2501–AD89 have not taken effect . . . for the 2. Besides the OES wage survey, what purpose of reviewing any questions of other sources of data and methods are fact, law, and policy the rules may available that can be used alone, or in Housing and Community Development conjunction with other sources and methods, Act of 1980: Verification of Eligible raise.’’ 86 FR 7424. On January 20, 2021, to approximate wage levels, by occupation Status; Withdrawal; Regulatory Review President Biden also issued Executive and geographic area, specifically for U.S. Order 13985, Advancing Racial Equity workers similarly employed at institutions of AGENCY: Office of the General Counsel, and Support for Underserved higher education, nonprofit entities related to Department of Housing and Urban Communities Through the Federal or affiliated with such institutions, nonprofit Development (HUD). Government, which provides ‘‘that the research organizations and Governmental ACTION: Withdrawal of proposed rule. Federal Government should pursue a research organizations? comprehensive approach to advancing 3. Should the Department continue to set SUMMARY: In accordance with the equity for all, including people of color wage levels at the same point within the OES Presidential directive as expressed in distribution for all occupations and and others who have been historically geographic areas or, alternatively, set wage the memorandum of January 20, 2021 underserved, marginalized, and levels at different points within the OES from the Assistant to the President and adversely affected by persistent poverty distribution for different groups of Chief of Staff, entitled ‘‘Regulatory and inequality.’’ 86 FR 7009. Executive occupations and/or geographic areas? If the Freeze Pending Review,’’ HUD is Order 13985 specifically defines latter, what sources of data and methods are reviewing all its pending proposed rules ‘‘equity’’ to mean ‘‘consistent and available that can be used alone, or in to determine which should move systematic fair, just, and impartial conjunction with other sources and methods, forward. HUD has identified a proposed treatment of all individuals, including to approximate different wage levels for rule, ‘‘Housing and Community different groups of occupations, taking into individuals who belong to underserved account education, experience, and level of Development of Act 1980: Verification communities that have been denied supervision for U.S. workers similarly of Eligible Status’’ that is inconsistent such treatment, such as Black, Latino, employed across industries and geographic with the Executive order entitled and Indigenous and Native American areas? ‘‘Advancing Racial Equity and Support persons, Asian Americans and Pacific 4. Other than computation of an arithmetic for Underserved Communities Through Islanders and other persons of color; mean or specific percentile within an the Federal Government’’ and the members of religious minorities; occupational wage distribution based on the Executive order entitled ‘‘Restoring lesbian, gay, bisexual, transgender, and OES wage survey, are there any other Faith in Our Legal Immigration Systems statistical approaches or estimation queer (LGBTQ+) persons; persons with techniques the Department should consider and Strengthening Integration and disabilities; persons who live in rural when computing the wage level(s) for Inclusion Efforts for New Americans.’’ occupation(s) and geographic area(s)? This document informs the public that 1 Rule has the definition set forth in 5 U.S.C. HUD has determined not to pursue this 551(4), to include any substantive action by an IV. Conclusion proposed rule previously published in agency (normally published in the Federal Register) that promulgates or is expected to lead to the The Department invites interested the Federal Register. HUD will proceed promulgation of a final rule or regulation, including parties to submit comments, to formally withdraw the rule from notices of inquiry, advance notices of proposed information, data, and supporting HUD’s upcoming Spring 2021 Unified rulemaking, and notices of proposed rulemaking.
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areas; and persons otherwise adversely of the filing, invites public comment, 3030.284 should be granted. See 39 CFR affected by persistent poverty or and takes other administrative steps. 3030.286(b). The Postal Service must inequality.’’ DATES: Comments are due: April 6, include the grounds for a waiver, On February 2, 2021, President Biden 2021. including all relevant supporting issued Executive Order 14012, Restoring analysis; the length of time the waiver ADDRESSES: Faith in Our Legal Immigration Systems Submit comments will be necessary; for each subsequent and Strengthening Integration and electronically via the Commission’s rate adjustment filing planned to occur Inclusion Efforts for New Americans. 86 Filing Online system at http:// during the length of time for which a FR 8277. In part, Executive Order 14012 www.prc.gov. Those who cannot submit waiver is sought, a representation of the requires that ‘‘the Federal Government comments electronically should contact proposed minimum amount of the FOR FURTHER eliminate[] sources of fear and other the person identified in the change to the workshare discount; and barriers that prevent immigrants from INFORMATION CONTACT section by any other relevant information. See also accessing government services available telephone for advice on filing 39 CFR 3030.286(c)(1) through (3) and to them . . . [and] develop welcoming alternatives. (8). Grounds for waiver for a below strategies that promote integration, FOR FURTHER INFORMATION CONTACT: avoided cost workshare discount and inclusion, and citizenship . . .’’ David A. Trissell, General Counsel, at the required accompanying information In accordance with the Regulatory 202–789–6820. are set forth in 39 CFR 3030.286(c)(5) 3 Freeze Memorandum, HUD is reviewing SUPPLEMENTARY INFORMATION: and (7). its proposed rules and has identified a III. Application for Waiver proposed rule that is inconsistent with Table of Contents Executive Order 13985 and Executive I. Introduction The Postal Service requests a waiver Order 14012: Housing and Community II. Background of 39 CFR 3030.284 for First-Class Mail Development of Act 1980: Verification III. Application for Waiver that is sorted to the 5-Digit level for any of Eligible Status (84 FR 20589, May 10, IV. Notice and Comment rate adjustment proceeding occurring in 2019). This document informs the V. Ordering Paragraphs Fiscal Year (FY) 2021. Application, Supporting Statement at 1. The Postal public that HUD has determined not to I. Introduction pursue this proposed rule previously Service states that ‘‘increasing the On March 26, 2021, the Postal Service published in the Federal Register. workshare discount for 5-Digit presort filed an application for waiver pursuant First-Class Mail by 0.5 cents in a single HUD’s Withdrawal of Proposed Rule to 39 CFR 3030.286 requesting that the year could decrease the efficiency of its Accordingly, HUD will proceed to Commission waive the applicability of processing operations.’’ Id.; see 39 CFR formally withdraw the following 39 CFR 3030.284 as it relates to the 3030.286(c)(5). It notes that the current proposed rule from its Spring 2021 First-Class Mail Letters 5-Digit discount of 3.0 cents results in a Automation workshare discount in the passthrough of 73 percent, which is Unified Agenda of Regulatory and 1 Deregulatory Actions: Housing and next rate adjustment filing. below the 85 percent threshold. Id. To be in compliance with 39 CFR 3030.284, Community Development Act of 1980: II. Background Verification of Eligible Status (84 FR the Postal Service states that it would be Pursuant to 39 CFR 3030.284, a 20589, May 10, 2019) (RIN 2501–AD89). required to increase the discount by 0.5 workshare discount proposed by the HUD’s Unified Agenda of Regulatory cents to 3.5 cents absent a waiver. Id. at Postal Service in any rate adjustment 1–2. It maintains that ‘‘[s]uch an and Deregulatory Actions is available on filing that is below avoided costs must increase (which would be nearly 17 Reginfo.gov and can be accessed at either be associated with a new postal [percent] higher than the same discount https://www.reginfo.gov/public/do/ service, a change to an existing postal in FY 2020) represents a dramatic eAgendaMain. service, or a new workshare initiative; change following years of relative Sasha Samberg-Champion, be at least a 20 percent increase from the pricing stability.’’ Id. at 2. The Postal Deputy General Counsel, Office of Deputy existing workshare discount, or have a Service states that the required change General Counsel for Enforcement and Fair passthrough of at least 85 percent.2 See ‘‘could lead to unpredictable changes Housing. 39 CFR 3030.284. among the relative proportions of mail [FR Doc. 2021–06758 Filed 4–1–21; 8:45 am] If the proposed workshare discount volumes sorted to 5-Digit, Auto AADC, BILLING CODE 4210–67–P does not comply with the limitations of and Mixed AADC.’’ Id. 39 CFR 3030.284, the Postal Service For these reasons, the Postal Service must file an application for waiver seeks to maintain the 5-Digit First-Class POSTAL REGULATORY COMMISSION pursuant to 39 CFR 3030.286. See 39 Mail Automation workshare discount at CFR 3030.284(d); 39 CFR 3030.286. The 3.0 cents for the next rate adjustment 39 CFR Part 3030 Postal Service’s waiver application must filing. Id. be supported by a preponderance of the [Docket No. RM2021–5; Order No. 5854] IV. Notice and Comment evidence and demonstrate that a waiver from the limitations imposed by 39 CFR The Commission establishes Docket Application for Waiver of Workshare No. RM2021–5 for consideration of Discount 1 United States Postal Service Application for matters raised by the Application. More AGENCY: Postal Regulatory Commission. Waiver Under 39 CFR 3030.286, March 26, 2021 information on the Application may be (Application). The Postal Service’s Application is accessed via the Commission’s website ACTION: Application for waiver; accompanied by a Statement in Support of Waiver at http://www.prc.gov. Interested comment request. Application (Supporting Statement). persons may submit comments on the 2 The relationship between workshare discounts SUMMARY: The Commission is and avoided costs is usually expressed as a Application no later than April 6, 2021. recognizing a Postal Service application percentage called a passthrough, which is for waiver pursuant to Commission calculated by dividing the discount by the avoided 3 Grounds for waiver for a below avoided cost cost. Workshare discounts with passthroughs below workshare discount relate to the impediment of regulations as it relates to a workshare 100 percent are considered below avoided cost efficient postal operations and non-compensatory discount. This notice informs the public workshare discounts. products. See 39 CFR 3030.286(c)(5) and (7).
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Pursuant to 39 U.S.C. 505, Katalin K. By the Commission. the incorrect call sign in the summary Clendenin is designated as an officer of Jennie L. Jbara, section. the Commission (Public Representative) Alternate Certifying Official. DATES: April 2, 2021. to represent the interests of the general [FR Doc. 2021–06839 Filed 4–1–21; 8:45 am] FOR FURTHER INFORMATION CONTACT: public in this proceeding. BILLING CODE 7710–FW–P Joyce Bernstein, Joyce.Bernstein@ V. Ordering Paragraphs fcc.gov, Media Bureau, (202) 418–1647. SUPPLEMENTARY INFORMATION: It is ordered: FEDERAL COMMUNICATIONS Correction 1. The Commission establishes Docket COMMISSION In FR Doc. 2021–06155, in the No. RM2021–5 for consideration of the 47 CFR Part 73 matters raised by the United States Federal Register of March 25, 2021, on Postal Service Application for Waiver [MB Docket No. 21–72; RM–11888; DA 21– page 15853, in the third column, correct Under 39 CFR 3030.286, filed March 26, 271; FR ID 18713] the SUMMARY caption to read: 2021. Television Broadcasting Services; SUMMARY: The Video Division has before 2. Comments by interested persons in Green Bay, Wisconsin; Correction it a petition for rulemaking filed this proceeding are due no later than November 27, 2020 (Petition) by WLUK AGENCY: Federal Communications April 6, 2021. Licensee, LLC (Licensee), the licensee of Commission. WLUK–TV (FOX), channel 12, Green 3. Pursuant to 39 U.S.C. 505, the ACTION: Proposed rule; correction. Bay, Wisconsin. The Licensee requests Commission appoints Katalin K. the substitution of channel 18 for Clendenin to serve as an officer of the SUMMARY: The Federal Communications channel 12 at Green Bay, Wisconsin the Commission (Public Representative) to Commission published a document in digital television (DTV) Table of represent the interests of the general the Federal Register of March 25, 2021, Allotments. public in this docket. concerning a petition for rulemaking filed by WLUK Licensee, LLC (Licensee) Dated: March 25, 2021. 4. The Secretary shall arrange for requesting the substitution of channel Thomas Horan, publication of this order in the Federal 18 for channel 12 at Green Bay, Chief of Staff, Media Bureau. Register. Wisconsin in the DTV Table of [FR Doc. 2021–06854 Filed 4–1–21; 8:45 am] Allotments. The document contained BILLING CODE 6712–01–P
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Notices Federal Register Vol. 86, No. 62
Friday, April 2, 2021
This section of the FEDERAL REGISTER Committee Act, as amended. NOSB is commit the time and energy necessary contains documents other than rules or composed of 15 members: Four to assume NOSB duties; and other such proposed rules that are applicable to the individuals who own or operate an factors as may be appropriate for public. Notices of hearings and investigations, organic farming operation, or employees specific positions. committee meetings, agency decisions and of such individuals; two individuals rulings, delegations of authority, filing of All appointees will serve a 5-year who own or operate an organic handling petitions and applications and agency term beginning January 24, 2022, and operation, or employees of such statements of organization and functions are ending January 23, 2027. examples of documents appearing in this individuals; one individual who owns section. or operates a retail establishment with To nominate yourself or someone significant trade in organic products, or else, please submit the following: a employees of such individuals; three resume (required); Form AD–755 DEPARTMENT OF AGRICULTURE individuals with expertise in areas of (required), which can be accessed at: environmental protection and resource https://www.ocio.usda.gov/document/ Agricultural Marketing Service conservation; three individuals who ad-755 a cover letter (optional); and a [Doc. No. AMS–NOP–21–0023; NOP–21–03] represent public interest or consumer list of endorsements or letters of interest groups; one individual with recommendation (optional). Resumes National Organic Standards Board expertise in the fields of toxicology, should be no longer than five (5) pages (NOSB): Call for Nominations ecology, or biochemistry; and one and should include the following individual who is a certifying agent. AGENCY: information: The position for which you Agricultural Marketing Service, Through this Notice, USDA seeks to USDA. are applying; current and past fill the following four positions: organization affiliations; areas of ACTION: Notice: Call for Nominations. • One individual who owns or expertise; education; career positions SUMMARY: The National Organic operates an organic farming operation or held; and any other notable positions Standards Board (NOSB) was an employee of such individual. held. Previous applicants who wish to • One individual with expertise in established to assist in the development be considered must reapply. of standards for substances to be used in areas of environmental protection and If USDA receives a request under the organic production and to advise the resource conservation. • Freedom of Information Act (5 U.S.C. Secretary on the implementation of the One individual who represents Organic Foods Production Act of 1990 public interest or consumer interest 552) for records relating to NOSB (OFPA). Through this Notice, the U.S. groups. nominations, application materials may • Department of Agriculture (USDA) is One individual with expertise in be released to the requester. Prior to the announcing its call for nominations to the fields of toxicology, ecology, or release of the information, personally fill four vacancies. Descriptions of the biochemistry. identifiable information protected by four positions are listed below under Per OFPA, individuals seeking the Privacy Act (5 U.S.C. 552) will be supplementary information. Appointees appointment to NOSB must meet the redacted. will serve a 5-year term beginning definition of the position that they seek The Agricultural Marketing Service as identified under 7 U.S.C. 6518, as January 24, 2022, and ending January (AMS) encourages submissions from well as satisfy the selection criteria for 23, 2027. Additionally, USDA seeks traditionally underrepresented nominations for a pool of candidates an NOSB member. Selection criteria include the following: An individuals, organizations, and that the Secretary of Agriculture businesses to reflect the diversity of this (Secretary) can draw upon as understanding of organic principles and practical experience in the organic industry. AMS encourages submissions replacement appointees if unexpected from qualified applicants, regardless of vacancies occur. community; demonstrated experience and interest in organic production and race, color, age, sex, sexual orientation, DATES: Written nominations must be organic certification; demonstrated gender identity, national origin, received by mail or postmarked on or religion, disability status, protected before June 1, 2021. experience with respect to agricultural products produced and handled on veteran status, or any other ADDRESSES: Applications can be sent via certified organic farms; a commitment to characteristic protected by law. email to Michelle Arsenault at the integrity of the organic food and [email protected], or mailed The information collection fiber industry; demonstrated experience requirements concerning the to: USDA–AMS–NOP, 1400 in the development of public policy Independence Avenue SW, Room 2642– nomination process have been such as participation on public or previously cleared by the Office of S, Ag Stop 0268, Washington, DC private advisory boards, boards of 20250–0268. Electronic submittals are Management and Budget (OMB) under directors, or other comparable OMB Control No. 0505–0001. preferred. organizations; support of consumer and FOR FURTHER INFORMATION CONTACT: public interest organizations; Date: March 25, 2021. Michelle Arsenault, (202) 997–0115; participation in standards development Cikena Reid, email: [email protected]. or involvement in educational outreach USDA Committee Management Officer. SUPPLEMENTARY INFORMATION: OFPA, as activities; the ability to evaluate [FR Doc. 2021–06761 Filed 4–1–21; 8:45 am] amended (7 U.S.C. 6501–6524), requires technical information and to fully BILLING CODE P the Secretary to establish the NOSB in participate in NOSB deliberation and accordance with the Federal Advisory recommendations; the willingness to
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DEPARTMENT OF AGRICULTURE other specialty sugars, which exceeds Standards Act and Agricultural current supplies. Marketing Act of 1946). Office of the Secretary OMB Control Number: 0580–0309. Jason Hafemeister, Summary of Collection: The agency Adjustment to Fiscal Year 2021 Acting Deputy Under Secretary, Trade and published a 30 Day FRN on 29 March Foreign Agricultural Affairs. Specialty Sugar Tariff-Rate Quota 2021 for the Reporting and Tranche Opening Date [FR Doc. 2021–06809 Filed 4–1–21; 8:45 am] Recordkeeping Requirements (United BILLING CODE 3410–10–P States Grain Standards Act and AGENCY: Office of the Secretary, USDA. Agricultural Marketing Act of 1946). ACTION: Notice. DEPARTMENT OF AGRICULTURE The OMB control number was incorrect 0580–0309 and should be 0581–0309. SUMMARY: The Office of the Secretary of Submission for OMB Review; Levi S. Harrell, Comments Requested; Correction the Department of Agriculture (the Departmental Information Collection Secretary) is providing notice of a March 29, 2021. Clearance Officer. change in the opening date for the fifth The Department of Agriculture will [FR Doc. 2021–06763 Filed 4–1–21; 8:45 am] tranche of fiscal year (FY) 2021 (October submit the following information BILLING CODE 3410–02–P 1, 2020–September 30, 2021) specialty collection requirement(s) to OMB for sugar tariff-rate quota (TRQ). The fifth review and clearance under the tranche, scheduled to open on July 15, Paperwork Reduction Act of 1995, DEPARTMENT OF AGRICULTURE will now open on April 5, 2021. Public Law 104–13 on or after the date Commodity Credit Corporation of publication of this notice. Comments DATES: This notice is applicable on are requested regarding: Whether the April 2, 2021. collection of information is necessary Farm Service Agency for the proper performance of the FOR FURTHER INFORMATION CONTACT: [Docket ID: FSA–2021–0004] Souleymane Diaby, Multilateral Affairs functions of the agency, including Division, Trade Policy and Geographic whether the information will have Information Collection Request; Affairs, Foreign Agricultural Service, practical utility; the accuracy of the Representation for CCC and FSA U.S. Department of Agriculture, Stop agency’s estimate of burden including Loans and Authorization To File a the validity of the methodology and 1070, 1400 Independence Avenue SW, Financing Statement assumptions used; ways to enhance the Washington, DC 20250–1070; by quality, utility and clarity of the AGENCY: Commodity Credit Corporation telephone (202) 720–2916; or by email information to be collected; and ways to and Farm Service Agency, USDA. [email protected]. minimize the burden of the collection of ACTION: Notice and request for SUPPLEMENTARY INFORMATION: Pursuant information on those who are to comments. to Additional U.S. Note 5 to Chapter 17 respond, including through the use of of the Harmonized Tariff Schedule of appropriate automated, electronic, SUMMARY: In accordance with the the United States (HTSUS), the United mechanical, or other technological Paperwork Reduction Act of 1995, the States maintains TRQs for imports of collection techniques or other forms of Commodity Credit Corporation (CCC) raw cane and refined sugar. On July 9, information technology Comments and the Farm Service Agency (FSA) are 2020, the Secretary of Agriculture regarding these information collections requesting comments from all interested are best assured of having their full established the FY 2021 specialty sugar individuals and organizations on an effect if received by May 3, 2021. extension and revision of a currently TRQ at 141,656 MTRV, to be Written comments and approved information collection that administered in the following way. The recommendations for the proposed supports CCC and FSA loan programs. first tranche, totaling 1,656 MTRV, was information collection should be The information collection is necessary to open October 1, 2020. All specialty submitted within 30 days of the to gather data regarding the applicant sugars were eligible for entry under this publication of this notice on the which is required on a financing tranche. The second tranche of 40,000 following website www.reginfo.gov/ statement, and to obtain the applicant’s MTRV was to open on October 8, 2020. public/do/PRAMain. Find this permission to file a financing statement The third tranche of 40,000 MTRV was particular information collection by prior to the execution of a security to open on January 21, 2021. The fourth selecting ‘‘Currently under 30-day agreement. tranche of 30,000 MTRV was to open on Review—Open for Public Comments’’ or DATES: We will consider comments we April 15, 2021. The fifth tranche of by using the search function. receive by June 1, 2021. 30,000 MTRV was to open on July 15, An agency may not conduct or 2021. The second, third, fourth, and sponsor a collection of information ADDRESSES: We invite you to submit fifth tranches were reserved for organic unless the collection of information comments on this notice. In your sugar and other specialty sugars not displays a currently valid OMB control comment, include date, volume, and page number of this issue of the Federal currently produced commercially in the number and the agency informs Register. You may submit comments by United States or reasonably available potential persons who are to respond to the collection of information that such any of the following methods: from domestic sources. See 85 FR • Federal eRulemaking Portal: Go to: 41226. persons are not required to respond to the collection of information unless it www.regulations.gov and search for The Secretary is changing the opening displays a currently valid OMB control Docket ID FSA–2021–0004. Follow the date of the fifth tranche of 30,000 MTRV number. online instructions for submitting from July 15, 2021, to April 5, 2021. comments. This action is needed to accommodate Agricultural Marketing Service • Mail, Hand-Delivery, or Courier: current demand for organic sugar and Title: Reporting and Recordkeeping Angela Payton, Agricultural Program Requirements (United States Grain Specialist, USDA, FSA, Stop 0512, 1400
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Independence Avenue SW, Washington, Estimated Annual Burden: The public extension of a currently approved DC 20250. reporting burden for this information information collection request You may also send comments to the collection is estimated to average 5 associated with the Coronavirus Food Desk Officer for Agriculture, Office of minutes per response (0.08 of an hours). Assistance Program (CFAP 2.0). Information and Regulatory Affairs, Respondents: Individual producers DATES: We will consider comments that Office of Management and Budget, and farming entities. we receive by June 1, 2021. Washington, DC 20503. Comments will Estimated Number of Respondents: ADDRESSES: We invite you to submit be available for inspection online at 3,822. comments on this notice. In your http://www.regulations.gov. Estimated Number of Responses per comment, include the volume, date, and Copies of the information collection Respondent: 1. page number of this issue of the Federal may be requested by contacting Angela Estimated Total Annual Response: Register. You may submit comments by Payton at the phone number below or 812. any of the following methods: the above address. Estimated Average Time per • Federal eRulemaking Portal: Go to: FOR FURTHER INFORMATION CONTACT: For Response: 0.08 (average 5 minutes). www.regulations.gov and search for specific questions related to collection Estimated Total Annual Burden on Docket ID FSA–2020–0006. Follow the activities, contact Angela Payton at Respondents: 385. online instructions for submitting (202) 720–0482 (voice); or, by email at: We are requesting comments on all comments. [email protected]. Persons with aspects of this information collection to • Mail, Hand-Delivery, or Courier: disabilities who require alternative help us to: Director, SND, FSA, U.S. Department of means for communication should (1) Evaluate whether the proposed Agriculture, 1400 Independence Avenue contact the USDA Target Center at (202) collection of information is necessary SW, Stop 0522, Washington, DC 20250– 720–2600 (voice). for the proper performance of the 0522. SUPPLEMENTARY INFORMATION: functions of the agency, including You may also send comments to the Title: Representations for Commodity whether the information will have Desk Officer for Agriculture, Office of Credit Corporation or Farm Service practical utility; Information and Regulatory Affairs, Agency Loans and Authorization to File (2) Evaluate the accuracy of the Office of Management and Budget, a Financing Statement and Related agency’s estimate of the burden of the Washington, DC 20503. Comments will Documents. collection of information, including the be available for inspection online at OMB Control Number: 0560–0215. validity of the methodology and http://www.regulations.gov. Copies of Expiration Date of Approval: July 31, assumptions used; the information collection may be 2021. (3) Evaluate the quality, ability and requested by contacting Brittany Type of Request: Extension with a clarity of the information technology; Ramsburg at the above address. revision. and Abstract: Form CCC–10, FOR FURTHER INFORMATION CONTACT: For (4) Minimize the burden of the specific questions related to collection ‘‘Representations for Commodity Credit information collection on those who Corporation or Farm Service Agency activities, contact Ms. Brittany respond through the use of appropriate Ramsburg at (202) 260–9303 (voice); or, Loans and Authorization to File a automated, electronic, mechanical, or Financing Statement and Related by email at: BrittanyRamsburg@ other technological collection usda.gov. Persons with disabilities who Documents’’ is necessary to: techniques or other forms of (a) Gather or verify basic data, require alternative means for information. provided by a CCC or FSA loan communication should contact the All responses to this notice, including applicant, that is required on a USDA Target Center at (202) 720–2600 names and addresses when provided, financing statement filed by CCC or FSA (voice). will be summarized and included in the to perfect a security interest in collateral SUPPLEMENTARY INFORMATION: request for OMB approval. All used to secure a loan; and Title: CPAP 2.0. (b) Obtain applicant permission to file comments will also become a matter of OMB Control Number: 0560–0297. a financing statement prior to the public record. Type of Request: Extension. execution of a security agreement. Steven Peterson, Abstract: This information collection FSA’s Farm Loan Programs (FLP) uses Acting Administrator, Farm Service Agency. is required to support CFAP 2.0 information collection activities to the CCC–10 when a nonapplicant third [FR Doc. 2021–06825 Filed 4–1–21; 8:45 am] party pledges the full value of chattel provide payments to eligible producers BILLING CODE 3410–05–P security to FSA as adequate security who, with respect to their agricultural required for an FLP loan. commodities, have been impacted by FSA increased the number of DEPARTMENT OF AGRICULTURE the effects of the COVID–19 outbreak. respondents by 1,766 and the burden The information collection is necessary hours increased by 147. The applicants Farm Service Agency to evaluate the application and other who are applying for farm loans to required paperwork for determining the pledge security for a loan have [Docket ID FSA–2020–0006] producer’s eligibility and assist in the increased since the last request. CCC’s Information Collection Request; producer’s payment calculations. Marketing Assistance Loan and Farm Coronavirus Food Assistance Program Producers must submit a completed Storage Facility Loan programs are (CFAP 2.0) CFAP 2 application and additional exempted from Paperwork Reduction documentation for eligibility, such as Act. AGENCY: Farm Service Agency, USDA. certifications of compliance with For the following estimated total ACTION: Notice; request for comments. adjusted gross income provisions and annual burden on respondents, the conservation compliance activities; formula used to calculate the total SUMMARY: In accordance with the those additional documents and forms burden hours is the estimated average Paperwork Reduction Act of 1995, FSA must be submitted no later than 60 days time per response multiplied by the is requesting comments from interested from the date a producer signs the estimated total annual of responses. individuals and organizations on an application.
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FSA requested another emergency DEPARTMENT OF AGRICULTURE ‘‘Search Regulations and Federal extension in order to continue the Actions’’ box, select ‘‘RBS’’ from the information collection request. After the Rural Business-Cooperative Service agency drop-down menu, then click on comment period ended in the notice, [Docket No. RBS–21–BUSINESS–0005] ‘‘Submit.’’ In the Docket ID column, the information collection request will select RBS–21–BUSINESS–0005 to be submitted under the regular process. Notice of Request for Extension of a submit or view public comments and to For the following estimated total Currently Approved Information view supporting and related materials annual burden on respondents, the Collection available electronically. Information on formula used to calculate the total using Regulations.gov, including AGENCY: burden hour is the estimated average Rural Business—Cooperative instructions for accessing documents, time per response multiplied by the Service, USDA. submitting comments, and viewing the estimated total annual responses. ACTION: Notice and request for docket after the close of the comment Public reporting burden for this comments. period, is available through the site’s information collection is estimated to ‘‘User Tips’’ link. SUMMARY: In accordance with the Title: Business and Industry Loan include the time for reviewing Paperwork Reduction Act of 1995, this instructions, searching existing data Program. notice announces the intention of the OMB Number: OMB No. 0570–0014. sources, gathering and maintaining the above-named agency to request Office of data needed and completing and Expiration Date of Approval: Management and Budget’s (OMB) November 30, 2021. reviewing the collections of approval for an extension of a currently information. Type of Request: Extension of a approved information collection in currently approved information Type of Respondents: Producers or support of Business and Industrial Loan collection. farmers. Programs. Abstract: The Business and Industry Estimated Annual Number of DATES: Comments on this notice must be (B&I) program was legislated in 1972, Respondents: 800,000. received by June 1, 2021. under Section 310B of the Consolidated Estimated Number of Responses per FOR FURTHER INFORMATION CONTACT: Farm and Rural Development Act, as Respondent: 1.41. Arlette Mussington, Rural Development amended. The purpose of the program is Estimated Total Annual Responses: Innovation Center—Regulations to improve, develop, or finance 1,133,000. Management Division, USDA, 1400 businesses, industries, and employment Estimated Average Time per Independence Avenue SW, Room 4227, and improve the economic and Response: 0.76 hours. South Building, Washington, DC 20250– environmental climate in rural Estimated Total Annual Burden on 1522. Telephone: (202) 720–2825. Email communities, including pollution Respondents: 860,770 hours. [email protected]. abatement and control. This purpose is achieved through bolstering the existing FSA is requesting comments on all SUPPLEMENTARY INFORMATION: The Office private credit structure by making direct aspects of this information collection to of Management and Budget’s (OMB) loans, thereby providing lasting help us to: regulation (5 CFR 1320) implementing provisions of the Paperwork Reduction community benefits. The B&I program is (1) Evaluate whether the collection of Act of 1995 (Pub. L. 104–13) requires administered by the Agency through information is necessary for the proper that interested members of the public Rural Development State and sub-State performance of the functions of the and affected agencies have an Offices serving the State. FSA, including whether the information opportunity to comment on information The collected information is will have practical utility; collection and recordkeeping activities submitted to the B&I loan official by (2) Evaluate the accuracy of the FSA’s (see 5 CFR 1320.8(d)). This notice loan applicants and commercial lenders estimate of burden including the identifies an information collection that for use in making program eligibility, validity of the methodology and RBS is submitting to OMB for extension. financial feasibility determinations and assumptions used; Comments are invited on: (a) Whether loan security determinations as required (3) Enhance the quality, utility and the proposed collection of information by the Con Act. clarity of the information to be is necessary for the proper performance The Agency is requesting an collected; and of the functions of the Agency, extension due to the number of (4) Minimize the burden of the including whether the information will applications submitted by borrowers collection of information on those who have practical utility; (b) The accuracy remained unchanged over the past 3 are to respond, including through the of the Agency’s estimate of the burden years since the collection was last use of appropriate automated, of the proposed collection of approved. electronic, mechanical, or other information including the validity of the Estimate of Burden: Public reporting technological collection techniques or methodology and assumptions used; (c) for this collection of information is other forms of information technology. Ways to enhance the quality, utility and estimated to average 3 hours per All comments received in response to clarity of the information to be response. this document, including names and collected; and (d) Ways to minimize the Respondents: Individuals, rural addresses when provided, will be a burden of the collection of information businesses, for profit businesses, matter of public record. Comments will on those who are to respond, including nonprofit businesses, Indian tribes, be summarized and included in the through the use of appropriate public bodies, cooperatives. submission for Office of Management automated, electronic, mechanical, or Estimated Number of Respondents: and Budget approval. other technological collection 16. techniques or other forms of information Estimated Number of Responses per Steven Peterson, technology. Respondent: 4.31. Acting Administrator, Farm Service Agency. Comments may be sent by the Federal Estimated Number of Responses: 69. [FR Doc. 2021–06830 Filed 4–1–21; 8:45 am] eRulemaking Portal: Go to http:// Estimated Total Annual Burden on BILLING CODE 3410–05–P www.regulations.gov and, in the lower Respondents: 228 hours.
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Copies of this information collection SUPPLEMENTARY INFORMATION: Members DEPARTMENT OF COMMERCE can be obtained from Arlette of the public can listen to the Mussington, Innovation Center— discussion. This meeting is available to Census Bureau Regulations Management Division, at the public through the above listed toll- Agency Information Collection (202) 720–2825. Email: free number or online through the above Activities; Submission to the Office of [email protected]. registration link. An open comment Management and Budget (OMB) for All responses to this notice will be period will be provided to allow summarized and included in the request Review and Approval; Comment members of the public to make a Request; Small Business Pulse Survey for OMB approval. All comments will statement as time allows. Callers can become a matter of public record. expect to incur regular charges for calls The Department of Commerce will Mark Brodziski, they initiate over wireless lines, submit the following information Acting Administrator, Rural Business- according to their wireless plan. The collection request to the Office of Cooperative Service. Commission will not refund any Management and Budget (OMB) for [FR Doc. 2021–06807 Filed 4–1–21; 8:45 am] incurred charges. Callers will incur no review and clearance in accordance with the Paperwork Reduction Act of BILLING CODE 3410–XY–P charge for calls they initiate over land- line connections to the toll-free 1995, on or after the date of publication telephone number. Persons who are deaf of this notice. We invite the general or hard of hearing may also follow the public and other Federal agencies to COMMISSION ON CIVIL RIGHTS proceedings by first calling the Federal comment on proposed, and continuing information collections, which helps us Relay Service at 1–800–877–8339 and Notice of Public Meeting of the assess the impact of our information providing the Service with the Michigan Advisory Committee to the collection requirements and minimize U.S. Commission on Civil Rights conference call number and conference the public’s reporting burden. Public ID number. comments were previously requested AGENCY: U.S. Commission on Civil Members of the public are also via the Federal Register on May 19, Rights. entitled to submit written comments; 2020 during a 60-day comment period. ACTION: Announcement of meeting. the comments must be received in the This notice allows for an additional 30 days for public comments. SUMMARY: Notice is hereby given, regional office within 30 days following pursuant to the provisions of the rules the meeting. Written comments may be Agency: U.S. Census Bureau. and regulations of the U.S. Commission emailed to Melissa Wojnaroski at Title: Small Business Pulse Survey. on Civil Rights (Commission) and the [email protected]. Persons who OMB Control Number: 0607–1014. Form Number(s): None. Federal Advisory Committee Act that desire additional information may Type of Request: Regular Submission, the Michigan Advisory Committee contact the Regional Programs Unit Request for a Revision of a Currently (Committee) will hold web-based Office at 202–618–4158. Approved Collection. meetings on Wednesday April 28, 2021, Records generated from this meeting Number of Respondents: 810,000 Wednesday, May 5, 2021 and Friday, may be inspected and reproduced at the (22,500 responses per week for up to a May 14, 2021, for the purpose of Regional Programs Unit Office, as they maximum of 36 weeks of collection). discussing the impact of the COVID–19 become available, both before and after Average Hours per Response: 6 pandemic on voting rights in the state. the meeting. Records of the meeting will minutes. DATES: be available via https:// Burden Hours: 81,000. Public Access Information www.facadatabase.gov/FACA/FACA Needs and Uses: Phase 1 of the Small • PublicViewCommitteeDetails? Business Pulse Survey was launched on Wednesday, April 28, 2021 at 2:00 id=a10t0000001gzjPAAQ under the April 26, 2020 as an effort to produce p.m. Eastern Time Commission on Civil Rights, Michigan and disseminate high-frequency, Æ Register online (audio/visual): Advisory Committee link. Persons geographic- and industry-detailed https://bit.ly/38J495F interested in the work of this Committee experimental data about the economic Æ Telephone (audio only): Dial 800– are also directed to the Commission’s conditions of small businesses as they 360–9505; Access code: 199 883 experience the coronavirus pandemic. It 5939 website, http://www.usccr.gov, or may • contact the Regional Programs Unit is a rapid response endeavor that Wednesday May 5, 2021 at 3:00 p.m. leverages the resources of the federal Eastern Time office at the above email or phone Æ number. statistical system to address emergent Register online (audio/visual): data needs. Given the rapidly changing https://bit.ly/3lkTS4z Agenda Æ dynamics of this situation for American Telephone (audio only) Dial: 800– small businesses, the Small Business 360–9505; Access code: 199 562 Welcome and Roll Call Pulse Survey has been successful in 1419 • Discussion: COVID–19 & Voting Rights meeting an acute need for information Friday, May 14, 2021 at 2:00 p.m. in Michigan on changes in revenues, business Eastern Time Æ Public Comment closings, employment and hours Register online (audio/visual): worked, disruptions to supply chains, https://bit.ly/3cC0U16 Adjournment Æ and expectations for future operations. Telephone (audio only) Dial: 800– Dated: March 29, 2021. In addition, the Small Business Pulse 360–9505; Access code: 199 883 Survey provided important estimates of 5939 David Mussatt, Supervisory Chief, Regional Programs Unit. federal program uptake to key survey FOR FURTHER INFORMATION CONTACT: stakeholders. [FR Doc. 2021–06792 Filed 4–1–21; 8:45 am] Melissa Wojnaroski, DFO, at Due to the ongoing nature of the [email protected] or 202–618– BILLING CODE 6335–01–P pandemic, the Census Bureau 4158. subsequently conducted Phases 2, 3 and
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4 of the Small Business Pulse Survey. ‘‘Shuttered Venue Operators Grants’’) FOR FURTHER INFORMATION CONTACT: The Office of Management and Budget will be added as options in questions 15 Benito Ballesteros, AD/CVD Operations, authorized clearance of Phase 4 of the and 16. Office V, Enforcement and Compliance, Small Business Pulse Survey on All results from the Small Business International Trade Administration, February 16, 2021. The Census Bureau Pulse Survey will continue to be Department of Commerce, 1401 now seeks approval to conduct Phase 5 disseminated as U.S. Census Bureau Constitution Avenue NW, Washington, of the Small Business Pulse Survey Experimental Data Products (https:// DC 20230; telephone: (202) 482–7425. which will occur over 9 weeks starting portal.census.gov/pulse/data/). This and SUPPLEMENTARY INFORMATION: May 17, 2021. additional information on the Small The continuation of the Small Business Pulse Survey are available to Background Business Pulse Survey is responsive to the public on census.gov. This preliminary determination is stakeholder requests for high frequency Affected Public: Business or other for- made in accordance with section 733(b) data that measure the effect of changing profit organizations. of the Tariff Act of 1930, as amended business conditions during the Frequency: Small business will be (the Act). Commerce published the Coronavirus pandemic on small selected once to participate in a 6- notice of initiation of this investigation businesses. While the ongoing monthly minute survey. on November 16, 2020.1 For a complete and quarterly economic indicator Respondent’s Obligation: Voluntary. description of the events that followed programs provide estimates of dollar Legal Authority: Title 13 U.S.C., the initiation of this investigation, see volume outputs for employer businesses Sections 131 and 182. the Preliminary Decision of all size, the Small Business Pulse This information collection request Memorandum.2 A list of topics included Survey captures the effects of the may be viewed at www.reginfo.gov. in the Preliminary Decision pandemic on operations and finances of Follow the instructions to view the Memorandum is included as Appendix small, single location employer Department of Commerce collections II to this notice. The Preliminary businesses. As the pandemic continues, currently under review by OMB. Decision Memorandum is a public the Census Bureau is best poised to Written comments and document and is on file electronically collect this information from a large and recommendations for the proposed via Enforcement and Compliance’s diverse sample of small businesses. information collection should be Antidumping and Countervailing Duty It is hard to predict when a shock will submitted within 30 days of the Centralized Electronic Service System result in economic activity changing at publication of this notice on the (ACCESS). ACCESS is available to a weekly, bi-weekly, or monthly following website www.reginfo.gov/ registered users at http:// frequency. Early in the pandemic, public/do/PRAMain. Find this access.trade.gov. In addition, a complete federal, state, and local policies were particular information collection by version of the Preliminary Decision moving quickly so it made sense to have selecting ‘‘Currently under 30-day Memorandum can be accessed directly a weekly collection. The problem is that Review—Open for Public Comments’’ or at http://enforcement.trade.gov/frn/. while we are in the moment, we cannot by using the search function and Scope of the Investigation accurately forecast the likelihood of entering either the title of the collection policy action. In addition, we are not or the OMB Control Number 0607–1014. The products covered by this able to forecast a change in the investigation are utility scale wind underlying cause of policy actions: The Sheleen Dumas, towers from Spain. For a complete effect of the Coronavirus pandemic on Department PRA Clearance Officer, Office of description of the scope of this the economy. We cannot predict the Chief Information Officer, Commerce investigation, see Appendix I to this changes in the severity of the pandemic Department. notice. [FR Doc. 2021–06803 Filed 4–1–21; 8:45 am] (e.g., will it worsen in flu season?) nor Scope Comments future developments that will alleviate BILLING CODE 3510–07–P the pandemic (e.g., vaccines or In accordance with the Preamble to treatments). In a period of such high Commerce’s regulations,3 we set aside a uncertainty, the impossibility of DEPARTMENT OF COMMERCE period of time in the Initiation Notice forecasting these inflection points for parties to raise issues regarding underscores the benefits of having a International Trade Administration product coverage (i.e., scope).4 We did weekly survey. For these reasons, the [A–469–823] not receive comments concerning the Census Bureau will proceed with a scope of the investigation of wind weekly collection. Utility Scale Wind Towers From Spain: towers as it appeared in the Initiation Phase 5 of the Small Business Pulse Preliminary Affirmative Determination Notice. Survey proposes to capture information of Sales at Less Than Fair Value Methodology on concepts such as business closings, changes in revenue, changes in AGENCY: Enforcement and Compliance, Commerce is conducting this employment and hours, vaccine International Trade Administration, investigation in accordance with section requirements, disruptions to supply Department of Commerce. SUMMARY: The Department of Commerce 1 See Utility Scale Wind Towers from India, chain, operating capacity factors, and Malaysia, and Spain: Initiation of Less-Than-Fair- expectations for future operations. (Commerce) preliminarily determines Value Investigations, 85 FR 73023 (November 16, These economic data will be used to that utility scale wind towers (wind 2020) (Initiation Notice). understand how changes due to the towers) from Spain are being, or are 2 See Memorandum, ‘‘Decision Memorandum for likely to be, sold in the United States at the Preliminary Determination in the Less-Than- response to the Coronavirus pandemic Fair-Value Investigation of Utility Scale Wind have and continue to affect American less than fair value (LTFV). The period Towers from Spain,’’ dated concurrently with, and businesses and the U.S. economy. of investigation (POI) is July 1, 2019, hereby adopted by, this notice (Preliminary Content for Phase 5 will remain the through June 30, 2020. Interested parties Decision Memorandum). are invited to comment on this 3 See Antidumping Duties; Countervailing Duties, same as the previous phase, with two Final Rule, 62 FR 27296, 27323 (May 19, 1997) minor additions of response categories preliminary determination. (Preamble). (‘‘Restaurant Revitalization Fund’’ and DATES: Applicable April 2, 2021. 4 See Initiation Notice, 85 FR at 73024.
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731 of the Act. Pursuant to section margins other than those determined warehouse, for consumption on or after 776(a) of the Act, Commerce has entirely under section 776 of the Act the date of the publication of this notice preliminarily relied upon facts have been established for individually- in the Federal Register. otherwise available to assign a dumping examined entities, in accordance with Further, pursuant to section margin to Vestas Eolica S.A.U. (Vestas section 735(c)(5)(B) of the Act, 733(d)(1)(B) of the Act and 19 CFR Eolica), in this investigation because Commerce may use any reasonable 351.205(d), Commerce will instruct CBP Vestas Eolica did not submit a response method to establish the estimated all- to require a cash deposit equal to the to Commerce’s antidumping duty others rate for exporters and producers margins indicated in the chart above. questionnaire. Commerce has also not individually investigated. These suspension of liquidation preliminarily relied upon facts In the Petition, the Wind Tower Trade instructions will remain in effect until otherwise available to assign a dumping Coalition (the petitioner) 6 provided further notice. margin to the companies which did not only one dumping margin, which was provide responses to the quantity and based on a price-to-constructed-value Disclosure value (Q&V) questionnaires during the comparison.7 Therefore, in the absence Normally, Commerce discloses to respondent selection process.5 Further, of another weighted-average dumping interested parties the calculations pursuant to section 776(b) of the Act, margin on the record of this performed in connection with a Commerce is preliminarily determining investigation, as the all-others rate, we preliminary determination within five that Vestas Eolica and the companies are preliminarily assigning the sole days of any public announcement or, if which did not provide responses to the dumping margin in the Initiation there is no public announcement, Q&V questionnaires failed to cooperate Notice, which is 73.00 percent.8 within five days of the date of by not acting to the best of their Preliminary Determination publication of the notice of preliminary individual abilities to comply with determination in the Federal Register, requests for information. Commerce is, Commerce preliminarily determines in accordance with 19 CFR 351.224(b). therefore, using an adverse inference that the following estimated weighted- However, because Commerce when selecting from among the facts average dumping margins exist: preliminarily applied AFA to the Vestas otherwise available (i.e., applying Eolica in this investigation, in adverse facts available (AFA)) to these Dumping Exporter/producer margin accordance with section 776 of the Act, companies, in accordance with section (percent) there are no calculations to disclose. 776(b) of Act. For a full description of the methodology underlying our Vestas Eolica S.A.U...... 73.00 Verification preliminary determination, see the Acciona Windpower S.A...... 73.00 Because Vestas Eolica indicated its Preliminary Decision Memorandum. Gamesa Energy Transmission ... 73.00 intent not to participate in this Haizea Wind Group ...... 73.00 All-Others Rate Kuzar Systems, S.L...... 73.00 investigation, and Commerce preliminarily determines that this Sections 733(d)(1)(ii) and 735(c)(5)(A) Proyectos Integrales y Logisticos company was uncooperative, we will of the Act provide that, in the S.A.A...... 73.00 Windar Renovables ...... 73.00 not conduct verification. preliminary determination, Commerce All Others ...... 73.00 shall determine an estimated all-others Public Comment rate for all exporters and producers not Suspension of Liquidation Interested parties are invited to individually examined. This rate shall comment on this preliminary be an amount equal to the weighted In accordance with section 773(d)(2) determination no later than 30 days average of the estimated weighted- of the Act, Commerce will direct U.S. after the date of publication of the average dumping margins established Customs and Border Protection (CBP) to preliminary determination.9 Rebuttal for exporters and producers suspend liquidation of entries of subject briefs, limited to issues raised in case individually investigated, excluding any merchandise, as described in Appendix briefs, may be submitted no later than zero and de minimis margins, and any I, entered, or withdrawn from seven days after the deadline for case margins determined entirely under 10 6 briefs. Commerce has modified certain section 776 of the Act. The members of the Wind Tower Trade Pursuant to section 735(c)(5)(B) of the Coalition are Arcosa Wind Towers Inc. and of its requirements for service Act, if the estimated weighted-average Broadwind Towers, Inc. documents containing business 7 See Petitioner’s Letter, ‘‘Utility Scale Wind dumping margins established for all proprietary information, until further Towers from India, Malaysia and Spain: Petitions 11 exporters and producers individually for the Imposition of Antidumping and notice. Pursuant to 19 CFR examined are zero, de minimis, or Countervailing Duties,’’ dated September 30, 2020 351.309(c)(2) and (d)(2), parties who determined based entirely on facts (Petition); see also Anti-Dumping Investigation submit case briefs or rebuttal briefs in Initiation Checklist—Utility Scale Wind Towers this investigation are encouraged to otherwise available, Commerce may use from Spain (November 9, 2020) (Initiation any reasonable method to establish the Checklist). submit with each argument: (1) A estimated weighted-average dumping 8 See, e.g., Mattresses From Malaysia: Preliminary statement of the issue; (2) a brief margin for all other producers or Affirmative Determination of Sales at Less Than summary of the argument; and (3) a exporters. Commerce has preliminarily Fair Value, Postponement of Final Determination, table of authorities. and Extension of Provisional Measures, 85 FR determined the estimated weighted- 69574 (November 3, 2020), unchanged in Mattresses average dumping margin for the from Malaysia: Final Affirmative Determination of 9 See 19 CFR 351.309(c)(1)(i); see also 19 CFR individually-examined respondent Sales at Less Than Fair Value, 86 FR 15901 (March 351.303 (for general filing requirements). 10 under section 776 of the Act. In cases 25, 2021); and Refillable Stainless Steel Kegs From See 19 CFR 351.309(d); see also 19 CFR Mexico: Preliminary Affirmative Determination of 351.303 (for general filing requirements). where no weighted-average dumping Sales at Less Than Fair Value, 84 FR 25738 (June 11 See Temporary Rule Modifying AD/CVD 4, 2019) unchanged in Refillable Stainless Steel Service Requirements Due to COVID–19, 85 FR 5 These non-responsive companies are: Acciona Kegs From Mexico: Final Affirmative Determination 17006 (March 26, 2020); and Temporary Rule Windpower S.A.; Gamesa Energy Transmission; of Sales at Less Than Fair Value and Final Modifying AD/CVD Service Requirements Due to Haizea Wind Group; Kuzar Systems S.L.; Proyectos Affirmative Determination of Critical COVID–19; Extension of Effective Period, 85 FR Integrales y Logisticos S.A.A.; and Windar Circumstances, 84 FR 42894 (August 19, 2019); see 41363 (July 10, 2020) (collectively, Temporary Renovables. also Initiation Notice, 85 FR at 73026. Rule).
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Pursuant to 19 CFR 351.310(c), A wind tower section consists of, at a DEPARTMENT OF COMMERCE interested parties who wish to request a minimum, multiple steel plates rolled into hearing, limited to issues raised in the cylindrical or conical shapes and welded International Trade Commission case and rebuttal briefs, must submit a together (or otherwise attached) to form a written request to the Assistant steel shell, regardless of coating, end-finish, [C–570–980] Secretary for Enforcement and painting, treatment, or method of Compliance, U.S. Department of manufacture, and with or without flanges, Crystalline Silicon Photovoltaic Cells, Commerce, within 30 days after the date doors, or internal or external components Whether or Not Assembled Into of publication of this notice. Requests (e.g., flooring/decking, ladders, lifts, Modules, From the People’s Republic should contain the party’s name, electrical buss boxes, electrical cabling, of China: Notice of Amended Final address, and telephone number, the conduit, cable harness for nacelle generator, Results of the 2017 Countervailing number of participants, whether any interior lighting, tool and storage lockers) Duty Administrative Review participant is a foreign national, and a attached to the wind tower section. Several list of the issues to be discussed. If a wind tower sections are normally required to AGENCY: Enforcement and Compliance, request for a hearing is made, Commerce form a completed wind tower. International Trade Administration, intends to hold the hearing at a time and Wind towers and sections thereof are Department of Commerce. included within the scope whether or not date to be determined. Parties should SUMMARY: The Department of Commerce they are joined with non-subject confirm by telephone the date, time, and (Commerce) is amending its notice of merchandise, such as nacelles or rotor location of the hearing two days before the final results of the sixth blades, and whether or not they have internal the scheduled date. administrative review of the or external components attached to the Final Determination subject merchandise. countervailing duty (CVD) order on Specifically excluded from the scope are crystalline silicon photovoltaic cells, Section 735(a)(1) of the Act and 19 whether or not assembled into modules CFR 351.210(b)(1) provide that nacelles and rotor blades, regardless of whether they are attached to the wind tower. (solar cells), from the People’s Republic Commerce will issue the final of China (China). The period of review determination within 75 days after the Also excluded are any internal or external components which are not attached to the (POR) is January 1, 2017, through date of its preliminary determination. December 31, 2017. Accordingly, Commerce will make its wind towers or sections thereof, unless those final determination no later than 75 components are shipped with the tower DATES: Applicable April 2, 2021. sections. days after the signature date of this FOR FURTHER INFORMATION CONTACT: Merchandise covered by this investigation preliminary determination. Gene H. Calvert, AD/CVD Operations, is currently classified in the Harmonized Office VII, Enforcement and International Trade Commission Tariff Schedule of the United States (HTSUS) Compliance, International Trade Notification under subheading 7308.20.0020 or Administration, Department of 8502.31.0000. Wind towers of iron or steel In accordance with section 733(f) of Commerce, 1401 Constitution Avenue the Act, Commerce will notify the are classified under HTSUS 7308.20.0020 when imported separately as a tower or tower NW, Washington, DC 20230; telephone: International Trade Commission (ITC) of (202) 482–3586. its preliminary determination. If the section(s). Wind towers may be classified final determination is affirmative, the under HTSUS 8502.31.0000 when imported SUPPLEMENTARY INFORMATION: as combination goods with a wind turbine ITC will determine before the later of Background 120 days after the date of this (i.e., accompanying nacelles and/or rotor preliminary determination or 45 days blades). While the HTSUS subheadings are On December 9, 2020, Commerce after the final determination whether provided for convenience and customs published the final results of the 2017 purposes, the written description of the these imports are materially injuring, or administrative review of the CVD order scope of this investigation is dispositive. threaten material injury to, the U.S. on solar cells from China in the Federal 1 industry. Appendix II—List of Topics Discussed Register. On December 2, 2020, LONGi in the Preliminary Decision Solar Technology Co. Ltd. (LONGi) Notification to Interested Parties submitted a ministerial error allegation Memorandum This determination is issued and stating that Commerce incorrectly published in accordance with sections I. Summary identified it as ‘‘LERRI Solar 733(f) and 777(i)(1) of the Act, and 19 II. Background Technology Co., Ltd.’’ (LERRI) when, CFR 351.205(c). III. Period of Investigation according to LONGi, its name is IV. Scope of the Investigation Dated: March 29, 2021. ‘‘LONGi Solar Technology Co. Ltd. V. Scope Comments (a.k.a. LERRI Solar Technology Co., Christian Marsh, VI. Application of Facts Available, Use of Ltd.).’’ On December 28, 2020, Acting Assistant Secretary for Enforcement Adverse Inferences, Corroboration, and ministerial error allegations were timely and Compliance. Calculation of All-Others Rate submitted by JA Solar Technology Appendix I—Scope of the Investigation VII. Recommendation Yangzhou Co., Ltd. (JA Solar),2 Risen The merchandise covered by this [FR Doc. 2021–06869 Filed 4–1–21; 8:45 am] investigation consists of certain wind towers, BILLING CODE 3510–DS–P 1 See Crystalline Silicon Photovoltaic Cells, whether or not tapered, and sections thereof. Whether or Not Assembled Into Modules, from the Certain wind towers support the nacelle and People’s Republic of China: Final Results of rotor blades in a wind turbine with a Countervailing Duty Administrative Review; 2017, 85 FR 79163 (December 9, 2020) (Final Results), minimum rated electrical power generation and accompanying Issues and Decision capacity in excess of 100 kilowatts and with Memorandum (IDM). a minimum height of 50 meters measured 2 See JA Solar’s Letter, ‘‘Crystalline Silicon from the base of the tower to the bottom of Photovoltaic Cells, Whether or Not Assembled into the nacelle (i.e., where the top of the tower Modules from the People’s Republic of China: and nacelle are joined) when fully Ministerial Error Comments,’’ dated December 28, assembled. 2020.
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Energy Co., Ltd. (Risen Energy),3 and We analyzed the ministerial error and Risen Energy, we determine that the Trina Solar Co., Ltd. (formerly comments and determined, in following countervailable subsidy rates Changzhou Trina Solar Energy Co., Ltd.) accordance with section 751(h) of the exist for the POR: (Trina Solar).4 JA Solar alleged that Act and 19 CFR 351.224(e) and (f), that Commerce made certain errors when we made the following ministerial Subsidy rate errors: 6 Company (ad valorem) calculating its benefits regarding the (percent) Provision of Solar Grade Polysilicon for (1) In the Final Results, we Less Than Adequate Remuneration inadvertently did not include the sales JA Solar Technology (LTAR) and the Provision of Land for from one of JA Solar’s certain cross- Yangzhou, Co., Ltd. (JA LTAR programs. Risen Energy alleged owned affiliates when calculating its Solar) 8 ...... 14.43 that Commerce relied on incorrect sales denominator for the Provision of Risen Energy Co., Ltd. inland freight costs when calculating its Solar Grade Polysilicon for LTAR (Risen Energy) 9 ...... 10.86 benefits for the Provision of Solar Glass program. Non-Selected Companies Under Review 10 ...... 11.97 for LTAR and the Provision of (2) We incorrectly calculated the Aluminum Extrusions for LTAR benefit for certain of JA Solar’s cross- programs. Finally, Trina Solar alleged owned affiliates with respect to the Assessment Rates/Cash Deposit Rates that Commerce identified it incorrectly Provision of Land for LTAR Program by Normally, Commerce would issue in the Final Results. No interested party erroneously applying POR payments to appropriate assessment instructions to commented on any of these allegations. separate land parcels instead of U.S. Customs and Border Protection applying these payments to a single (CBP) 35 days after the date of Scope of the Order parcel; incorrectly relying on the land publication of these amended final The merchandise covered by the order benchmark price instead of the benefit results of review, to liquidate shipments is crystalline silicon photovoltaic cells, at the time of receipt to allocate benefits of subject merchandise produced and/or and modules, laminates, and panels, across the average useful life, including exported by the companies listed above consisting of crystalline silicon the POR and; incorrectly including a entered, or withdrawn from warehouse, photovoltaic cells, whether or not land parcel in JA Solar’s benefit for consumption on or after January 1, partially or fully assembled into other calculation even though benefits from 2017, through December 31, 2017. products, including, but not limited to, this land parcel were expensed prior to However, between January 15 and modules, laminates, panels, and the POR. February 3, 2021, the Court of (3) As noted by Risen Energy, we building integrated materials.5 International Trade (the Court) enjoined applied an incorrect inland freight value Merchandise covered by the order is when building Risen Energy’s 8 classifiable under subheading As identified in the Final Results, JA Solar is benchmarks for the Provision of Solar cross-owned with Shanghai JA Solar Technology 8501.61.0000, 8507.20.80, 8541.40.6020, Glass for LTAR and the Provision of Co., Ltd.; JA (Hefei) Renewable Energy Co., Ltd.; 8541.40.6030, and 8501.31.8000 of the Aluminum Extrusions for LTAR Hefei JA Solar Technology Co., Ltd.; JA Solar Harmonized Tariff Schedule of the Investment China Co., Ltd.; JA Solar Technology program. United States (HTSUS). Although the Yangzhou Co., Ltd.; Jing Hai Yang Semiconductor (4) We incorrectly referenced Trina Material (Donghai) Co., Ltd.; Donghai JingAo The HTSUS subheadings are provided for Solar as ‘‘Trina Solar Energy Co., Ltd.,’’ Solar Energy Science and Technology Co., Ltd.; convenience and customs purposes, our instead of as ‘‘Trina Solar Co., Ltd.’’ Solar Silicon Valley Electronic Science and Technology Co., Ltd.; Jingwei Electronic Materials written description of the scope of the when listing the Non-Selected order is dispositive. Co., Ltd.; Hebei Yujing Electronic Science and Companies Under Review. Technology Co., Ltd.; Solar Silicon Peak Electronic Ministerial Errors (5) Finally, we independently Science and Technology Co., Ltd.; Beijing Jinfeng identified a ministerial error which was Investment Co., Ltd.; Jinglong Technology Holdings Section 351.224(e) of Commerce’s Co., Ltd.; JingAo Solar Co., Ltd.; Ningjin Songgong committed when we inadvertently did Electronic Materials Co., Ltd.; Jinglong Industry and regulations provides that Commerce not include Shanghai JA Solar Commerce Group Co., Ltd.; Ningjin Guiguang will analyze any comments received Technology Co., Ltd. as one of JA Solar’s Electronic Investment Co., Ltd.; Ningjin County and, if appropriate, correct any cross-owned entities in the Final Jingyuan New Energy Investment Co., Ltd.; Hebei ministerial error by amending the final Jinglong Fine Chemicals Co., Ltd.; Ningjin Sunshine Results. New Energy Co., Ltd.; Hebei Jinglong Sunshine determination or the final results of the We find that we did not commit a Equipment Co., Ltd.; Hebei Jingle Optoelectronic review. Section 751(h) of the Tariff Act ministerial error by not including Technology Co., Ltd.; Hebei Ningjin Songgong of 1930, as amended (the Act), and 19 ‘‘LONGi Solar Technology Co., Ltd.’’ in Semiconductor Co., Ltd.; Ningjin Jingxing CFR 351.224(f) define a ‘‘ministerial Electronic Material Co., Ltd.; Ningjin Jingfeng the name that we used to identify Electronic Materials Co., Ltd.; Ningjin Saimei error’’ as an error ‘‘in addition, LERRI, because a review was requested Ganglong Electronic Materials Co., Ltd.; Hebei subtraction, or other arithmetic and initiated under the name LERRI and Ningtong Electronic Materials Co., Ltd.; Ningjin function, clerical error resulting from not under LONGi.7 Thus, our omission Changlong Electronic Materials Manufacturing Co. inaccurate copying, duplication, or the Ltd.; JA Solar (Xingtai) Co., Ltd.; Xingtai Jinglong of LONGi was not a ministerial error. Electronic Material Co., Ltd.; Xingtai Jinglong PV like, and any other similar type of Materials Co., Ltd.; Taicang Juren PV Material Co., unintentional error which the Secretary Amended Final Results of Review Ltd.; JA PV Technology Co., Ltd.; Ningjin Longxin considers ministerial.’’ As a result of correcting the Investment Co., Ltd.; and Ningjin Jinglong PV ministerial errors as alleged by JA Solar Industry Investment Co., Ltd. 9 As identified in the Final Results, Risen Energy 3 See Risen Energy’s Letter, ‘‘Crystalline Silicon is cross-owned with Changzhou Sveck Photovoltaic Photovoltaic Cells from the People’s Republic of 6 See Memorandum, ‘‘Countervailing Duty New Material Co., Ltd.; Changzhou Sveck New China: Ministerial Error,’’ dated December 28, 2020. Administrative Review of Crystalline Silicon Material Technology Co., Ltd.; JiuJiang Shengchao 4 See Trina Solar’s Letter, ‘‘Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Xinye Technology Co., Ltd.; Jiangsu Sveck New Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China: Material Co., Ltd.; Ninghai Risen Energy Power Modules from the People’s Republic of China: Allegations of Ministerial Errors in the Final Development Co., Ltd.; Risen (Luoyang) New Request for Correction of Clerical Error in Final Results,’’ dated concurrently with, and hereby Energy Co., Ltd.; Risen (Ningbo) Electric Power Results and Forthcoming Draft Customs,’’ dated adopted by, this notice. Development Co., Ltd.; Risen (Wuhai) New Energy December 28, 2020. 7 See Initiation of Antidumping and Co., Ltd.; Zhejiang Boxin Investment Co., Ltd.; and 5 For a complete description of the scope of the Countervailing Duty Administrative Reviews, 84 FR Zhejiang Twinsel Electronic Technology Co., Ltd. order, see Final Results IDM. 9297 (March 14, 2019). 10 See the Appendix to this notice.
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liquidation of certain entries that are 2. Baoding Jiasheng Photovoltaic Technology 57. Yingli Green Energy Holding Company subject to the Final Results.11 Co., Ltd. Limited Accordingly, Commerce will not 3. Baoding Tianwei Yingli New Energy 58. Yingli Green Energy International instruct CBP to assess countervailing Resources Co., Ltd. Trading Company Limited 4. Beijing Tianneng Yingli New Energy 59. Zhejiang ERA Solar Technology Co., Ltd. duties on those enjoined entries Resources Co., Ltd. 60. Zhejiang Jinko Solar Co., Ltd. pending resolution of the associated 5. BYD (Shangluo) Industrial Co., Ltd. [FR Doc. 2021–06786 Filed 4–1–21; 8:45 am] litigation. 6. Canadian Solar (USA) Inc. Commerce intends to instruct CBP to 7. Canadian Solar Inc. BILLING CODE 3510–DS–P collect cash deposits of estimated 8. Canadian Solar International Ltd. countervailing duties, in the amounts 9. Canadian Solar Manufacturing (Changshu) shown above for the companies listed Inc. DEPARTMENT OF COMMERCE 10. Canadian Solar Manufacturing (Luoyang) above, on shipments of subject International Trade Administration merchandise entered, or withdrawn Inc. 11. Changzhou Trina Solar Yabang Energy from warehouse, for consumption, on or Co., Ltd. [A–570–053] after December 9, 2020, which is the 12. CSI Cells Co., Ltd. date of the Final Results. For all non- 13. CSI–GCL Solar Manufacturing Certain Aluminum Foil From the reviewed firms, Commerce will instruct (Yancheng) Co., Ltd. People’s Republic of China: Amended CBP to collect cash deposits at the most 14. De-Tech Trading Limited HK Final Results of Antidumping Duty recent company-specific or all-others 15. Dongguan Sunworth Solar Energy Co., Administrative Review; 2017–2019 Ltd. rate applicable to the company, as AGENCY: Enforcement and Compliance, appropriate. These cash deposits, when 16. Eoplly New Energy Technology Co., Ltd. 17. ERA Solar Co., Ltd. International Trade Administration, imposed, shall remain in effect until 18. ET Solar Energy Limited Department of Commerce. further notice. 19. Hainan Yingli New Energy Resources Co., SUMMARY: The Department of Commerce Administrative Protective Order Ltd. (Commerce) is amending the final 20. Hangzhou Sunny Energy Science and This notice also serves as a reminder Technology Co., Ltd. results of the administrative review of to parties that are subject to 21. Hengdian Group DMEGC Magnetics Co., the antidumping duty (AD) order on administrative protective order (APO) of Ltd. certain aluminum foil (aluminum foil) their responsibility concerning the 22. Hengshui Yingli New Energy Resources from the People’s Republic of China return or destruction of proprietary Co., Ltd. (China) to correct ministerial errors. information disclosed under APO in 23. Hubei Trina Solar Energy Co., Ltd. DATES: Applicable April 2, 2021. accordance with 19 CFR 351.305(a)(3), 24. JA Technology Yangzhou Co., Ltd. 25. Jiangsu High Hope Int’l Group FOR FURTHER INFORMATION CONTACT: which continues to govern business 26. Jiawei Solarchina (Shenzhen) Co., Ltd. Chelsey Simonovich or Michael J. proprietary information in this segment 27. Jiawei Solarchina Co., Ltd. Heaney AD/CVD Operations, Office VI, of the proceeding. Timely written 28. Jinko Solar (U.S.) Inc. Enforcement and Compliance, notification of the return/destruction of 29. Jinko Solar Co., Ltd. International Trade Administration, APO materials, or conversion to judicial 30. Jinko Solar Import and Export Co., Ltd. U.S. Department of Commerce, 1401 protective order, is hereby requested. 31. Jinko Solar International Limited Constitution Avenue NW, Washington, Failure to comply with the regulations 32. LERRI Solar Technology Co., Ltd. DC 20230; telephone: (202) 482–1979 or 33. Lightway Green New Energy Co., Ltd. and the terms of an APO is a (202) 482–4475, respectively. sanctionable violation. 34. Lixian Yingli New Energy Resources Co., Ltd. SUPPLEMENTARY INFORMATION: Disclosure 35. Luoyang Suntech Power Co., Ltd. 36. Nice Sun PV Co., Ltd. Background Commerce intends to disclose the 37. Ningbo ETDZ Holdings, Ltd. On February 25, 2021, Commerce calculations performed for these 38. Ningbo Qixin Solar Electrical Appliance published the Final Results of the 2017– amended final results to interested Co., Ltd. 2019 administrative review of parties within five business days of the 39. Shanghai BYD Co., Ltd. aluminum foil from China in the date of this notice in accordance with 19 40. Shenzhen Sungold Solar Co., Ltd. Federal Register.1 On February 24, CFR 351.224(b). 41. Shenzhen Yingli New Energy Resources Co., Ltd. 2021, Dingsheng Aluminium Industries Notification to Interested Parties 42. Sumec Hardware & Tools Co., Ltd. (Hong Kong) Trading Co., Limited Commerce is issuing and publishing 43. Sunpreme Solar Technology (Jiaxing) Co., (Dingsheng Aluminium Industries these amended final results in Ltd. (Hong Kong) Trading Co., Ltd.) (HK accordance with sections 751(h) and 44. Systemes Versilis, Inc. Dingsheng) and Hangzhou Dingsheng 45. Taizhou BD Trade Co., Ltd. Import & Export Co., Ltd. (Hangzhou 771(i)(1) of the Act, and 19 CFR 46. TenKsolar (Shanghai) Co., Ltd. 351.224(e). Dingsheng Import and Export Co., Ltd.) 47. Tianjin Yingli New Energy Resources Co., (Hangzhou Dingsheng IE) (collectively, Ltd. Dated: March 29, 2021. Dingsheng), alleged the existence of a Christian Marsh, 48. Tianneng Yingli New Energy Resources Co., Ltd. ministerial error in Commerce’s Final Acting Assistant Secretary for Enforcement 2 49. Toenergy Technology Hangzhou Co., Ltd. Results. On March 1, 2021, the and Compliance. 50. Trina Solar (Changzhou) Science & Appendix Technology Co., Ltd. 1 See Certain Aluminum Foil from the People’s 51. Trina Solar Co., Ltd. (formerly known as Republic of China: Final Results of Antidumping Non-Selected Companies Under Review Changzhou Trina Solar Energy Co., Ltd.) Duty Administrative Review; Final Determination of 52. Turpan Trina Solar Energy Co., Ltd. No Shipments; 2017–2019, 86 FR 11499 (February 1. Anji DaSol Solar Energy Science & 25, 2021) (Final Results). 53. Wuxi Suntech Power Co., Ltd. Technology Co., Ltd. 2 See Dingsheng’s Letter, ‘‘GDLSK Respondents 54. Wuxi Tianran Photovoltaic Co., Ltd. Request for Correction of Clerical Error in the Final 11 The Court issued statutory injunctions under 55. Yancheng Trina Solar Energy Technology Results including Customs Instructions: First case number 20–03912, dated January 15, 2021, and Co., Ltd. Administrative Review of the Antidumping Duty February 3, 2021. 56. Yingli Energy (China) Co., Ltd. Order on Aluminum Foil from the People’s
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Aluminum Association Trade ministerial.’’ 6 With respect to final we are amending the Final Results to Enforcement Working Group and its results of administrative reviews, 19 correct these errors. These corrections individual members (collectively, the CFR 351.224(e) provides that Commerce result in a change to Xiashun’s petitioners),3 also alleged the existence ‘‘will analyze any comments received weighted-average dumping margin and of a ministerial error in Commerce’s and, if appropriate, correct any to the rate calculated for the Final Results.4 On March 4, 2021, ministerial error by amending . . . the respondents which are eligible for a Xiamen Xiashun Aluminum Foil Co., final results of review.’’ separate rate, but that were not selected Ltd. (Xiashun), a respondent party in Ministerial Error for individual examination. We have this administrative review, filed rebuttal also corrected Dingsheng’s company comments to the petitioners’ ministerial Commerce committed inadvertent names below. For a detailed discussion allegations.5 errors within the meaning of section 751(h) of the Act and 19 CFR 351.224(f) of the ministerial error allegation, as Legal Framework by incorrectly listing the names of HK well as Commerce’s analysis, see A ministerial error, as defined in Dingsheng and Hangzhou Dingsheng IE Ministerial Error Memorandum.7 section 751(h) of the Tariff Act of 1930, in the Final Results and failing to Amended Final Results of the Review as amended (the Act), includes ‘‘errors convert Xiashun’s value-added tax in addition, subtraction, or other (VAT) into the correct unit of measure. We are assigning the following arithmetic function, clerical errors Accordingly, we determine, in weighted-average dumping margins to resulting from inaccurate copying, accordance with section 751(h) of the the firms listed below for the period duplication, or the like, and any other Act and 19 CFR 351.224(f), that we November 2, 2017, through March 31, type of unintentional error which the made ministerial errors in the Final 2019: administering authority considers Results. Pursuant to 19 CFR 351.224(e),
Weighted-average Exporter margin (percent)
Jiangsu Zhongji Lamination Materials Co., (HK) Ltd./Jiangsu Zhongji Lamination Materials Stock Co., Ltd./Jiangsu Zhongji Lamination Materials Co., Ltd./Jiangsu Huafeng Aluminum Industry Co., Ltd ...... 23.62 Xiamen Xiashun Aluminum Foil Co., Ltd ...... 48.64 Alcha International Holdings Limited ...... 36.13 Dingsheng Aluminium Industries (Hong Kong) Trading Co., Limited (Dingsheng Aluminium Industries (Hong Kong) Trading Co., Ltd.) ...... 36.13 Granges Aluminum (Shanghai) Co., Ltd ...... 36.13 Hangzhou Dingsheng Import&Export Co., Ltd. (Hangzhou Dingsheng Import and Export Co., Ltd.) ...... 36.13 Hunan Suntown Marketing Limited ...... 36.13 Jiangsu Alcha Aluminum Co., Ltd ...... 36.13 Shanghai Shenyan Packaging Materials Co ...... 36.13 SNTO International Trade Limited ...... 36.13 Suzhou Manakin Aluminum Processing Technology Co., Ltd ...... 36.13
For the respondents which are eligible review of the China-wide entity in this merchandise subject to this review on a for a separate rate, but were not selected review, the entity is not under review per-unit (i.e., per-kilogram) basis. for individual examination in this and the entity’s rate (i.e., 105.80 Specifically, we calculated a per-unit administrative review, we have assigned percent) is not subject to change.9 assessment rate by aggregating the a margin based on the simple average of antidumping duties due for all U.S. Assessment Rates the dumping margins calculated for sales to that importer (or customer) and Zhongji and Xiashun, consistent with Commerce shall determine, and U.S. divided this amount by the total section 735(c)(3)(A) of the Act. Customs and Border Protection (CBP) quantity sold to that importer (or China-Wide Entity shall assess, antidumping duties on all customer) during the POR. To determine appropriate entries of subject whether the duty assessment rates are Commerce’s policy regarding merchandise in accordance with section de minimis, in accordance with the conditional review of the China-wide 751(a)(2)(C) of the Act and 19 CFR requirement set forth in 19 CFR entity applies to this administrative 351.212(b). In accordance with 19 CFR 351.106(c)(2), we calculate importer— review.8 Under this policy, the China- 351.212(b)(1), we have calculated (or customer-) specific ad valorem ratios wide entity will not be under review importer-specific assessment rates for based on the estimated entered value. If unless a party specifically requests, or merchandise subject to this review. We an importer (or customer)-specific Commerce self-initiates, a review of the calculated importer (or customer)- assessment rate is de minimis (i.e., less entity. Because no party requested a specific assessment rates for than 0.50 percent), Commerce will
Republic of China (A–570–053),’’ dated February 5 See Xiashun’s Letter, ‘‘Aluminum Foil from the 8 See Antidumping Proceedings: Announcement 24, 2021. People’s Republic of China: Response to Ministerial of Change in Department Practice for Respondent 3 The individual members of the Aluminum Error Comments,’’ dated March 4, 2021. Selection in Antidumping Duty Proceedings and Association Trade Enforcement Working Group are: 6 See 19 CFR 351.224(f). Conditional Review of the Nonmarket Economy JW Aluminum Company, Novelis Corporation, and 7 Entity in NME Antidumping Duty Proceedings, 78 Reynolds Consumer Products LLC. See Memorandum, ‘‘Antidumping Duty FR 65963 (November 4, 2013). 4 See Petitioners’ Letter, ‘‘1st Administrative Administrative Review of Aluminum Foil from the 9 Review of the Antidumping Duty Order on Certain People’s Republic of China: Ministerial Error See Certain Aluminum Foil from the People’s Aluminum Foil from the People’s Republic of Memorandum,’’ dated concurrently with this notice Republic of China: Amended Final Determination China—Petitioners’ Ministerial Error Comments,’’ (Ministerial Error Memorandum). of Sales at Less Than Fair Value and Antidumping dated March 1, 2021. Duty Order, 83 FR at 17363 (April 19, 2018) (Order).
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instruct CBP to liquidate that importer’s of the relevant entries during this POR. (POR) is May 1, 2019, through April 30, (or customer’s) entries of subject Failure to comply with this requirement 2020. Commerce preliminarily merchandise without regard to could result in Commerce’s determines that Tianjin Magnesium antidumping duties. presumption that reimbursement of International Co., Ltd. and Tianjin Consistent with its recent notice,10 antidumping duties has occurred and Magnesium Metal Co., Ltd. (collectively, Commerce intends to issue assessment the subsequent assessment of double TMI/TMM) did not have any shipments instructions to CBP no earlier than 35 antidumping duties. during the POR. We invite interested days after the date of publication of the parties to comment on these preliminary Administrative Protective Orders amended final results of this review in results. the Federal Register. If a timely This notice also serves as a final DATES: Applicable April 2, 2021. summons is filed at the U.S. Court of reminder to parties subject to FOR FURTHER INFORMATION CONTACT: Kyle International Trade, the assessment administrative protective order (APO) of Clahane, AD/CVD Operations, Office III, instructions will direct CBP not to their responsibility concerning the Enforcement and Compliance, liquidate relevant entries until the time return or destruction of proprietary International Trade Administration, for parties to file a request for a statutory information disclosed under APO in U.S. Department of Commerce, 1401 injunction has expired (i.e., within 90 accordance with 19 CFR 351.305(a)(3), Constitution Avenue NW, Washington, days of publication). which continues to govern business DC 20230; telephone: (202) 482–5449. proprietary information in this segment Cash Deposit Requirements SUPPLEMENTARY INFORMATION: of the proceeding. Timely written The following cash deposit notification of the return or destruction Background requirements will be effective upon of APO materials, or conversion to On May 1, 2020, Commerce published publication of the amended final results judicial protective order is hereby of this administrative review for in the Federal Register a notice of requested. Failure to comply with the opportunity to request an administrative shipments of the subject merchandise regulations and terms of an APO is a from China entered, or withdrawn from review of the AD order on pure violation which is subject to sanction. 1 warehouse, for consumption on or after magnesium from China for the POR. the publication date, as provided by Notification to Interested Parties On July 10, 2020, in response to a timely request from the petitioner,2 and in section 751(a)(2)(C) of the Act: (1) For This amended notice is issued and accordance with section 751(a) of the Xiashun and Zhongji and for each of the published in accordance with sections Tariff Act of 1930, as amended (the Act), companies identified above as eligible 751(h) and 777(i) of the Act. for a separate rate, the cash deposit rate and 19 CFR 351.221(c)(1)(i), we initiated Dated: March 29, 2021. will be equal to the weighted-average an administrative review of the Order dumping margin established in the Christian Marsh, with respect to TMI/TMM.3 On July 21, amended final results of this review; (2) Acting Assistant Secretary for Enforcement 2020, Commerce tolled all deadlines in for previously investigated or reviewed and Compliance. administrative reviews by 60 days.4 The Chinese and non-Chinese exporters not Appendix deadline for the preliminary results of listed above that have received a this review is now April 1, 2021. separate rate in a prior segment of this List of Topics Discussed in the Ministerial Error Memorandum Scope of the Order proceeding, the cash deposit rate will continue to be the existing exporter- I. Summary The product covered by this specific cash deposit rate published for II. Scope of the Order antidumping duty order is pure III. Legal Authority the completed segment of the most magnesium from China, regardless of IV. Discussion of the Issues chemistry, form or size, unless expressly recent period; (3) for all Chinese Comment 1: HK Dingsheng and Hangzhou exporters of subject merchandise that Dingsheg IE Company Names 1 See Antidumping or Countervailing Duty Order, have not been found to be entitled to a Comment 2: Xiashun VAT Conversion Finding, or Suspended Investigation; Opportunity separate rate, the cash deposit rate will V. Recommendation To Request Administrative Review, 85 FR 25394 be the rate for the China-wide entity; [FR Doc. 2021–06840 Filed 4–1–21; 8:45 am] (May 1, 2020); see also Notice of Antidumping Duty Orders: Pure Magnesium from the People’s Republic and (4) for all non-Chinese exporters of BILLING CODE 3510–DS–P subject merchandise which have not of China, the Russian Federation and Ukraine; Notice of Amended Final Determination of Sales at received their own separate rate, the Less Than Fair Value: Antidumping Duty cash deposit rate will be the rate DEPARTMENT OF COMMERCE Investigation of Pure Magnesium from the Russian applicable to the Chinese exporter that Federation, 60 FR 25691 (May 12, 1995) (Order). supplied that non-Chinese exporter. International Trade Administration 2 See US Magnesium LLC’s Letter, ‘‘Request For These cash deposit requirements, when Administrative Review,’’ dated May 29, 2020. [A–570–832] 3 See Initiation of Antidumping and imposed, shall remain in effect until Countervailing Duty Administrative Reviews, 85 FR further notice. Pure Magnesium From the People’s 41540 (July 10, 2020). In the 2011–2012 Republic of China: Preliminary Results administrative review of the order, Commerce Notification to Importers collapsed TMM and TMI, and treated the of Antidumping Administrative Review; This notice also serves as a final companies as a single entity for purposes of the 2019–20 proceeding. Because there were no changes to the reminder to importers of their facts which supported that decision since that responsibility under 19 CFR AGENCY: Enforcement and Compliance, determination was made, we continue to find that 351.402(f)(2) to file a certificate International Trade Administration, these companies are part of a single entity for this regarding the reimbursement of Department of Commerce. administrative review. See Pure Magnesium from the People’s Republic of China: Final Results of antidumping duties prior to liquidation SUMMARY: The Department of Commerce Antidumping Duty Administrative Review; 2011– (Commerce) is conducting the 2012, 79 FR 94 (January 2, 2014), and 10 See Notice of Discontinuation of Policy to Issue administrative review of the accompanying Issues and Decision Memorandum at Liquidation Instructions After 15 Days in Comment 5. Applicable Antidumping and Countervailing Duty antidumping duty (AD) order on pure 4 See Memorandum, ‘‘Tolling of Deadlines for Administrative Proceedings, 86 FR 3995 (January magnesium from the People’s Republic Antidumping and Countervailing Duty 15, 2021). of China (China). The period of review Administrative Reviews,’’ dated July 21, 2020.
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excluded from the scope of the order. under Harmonized Tariff Schedule of registered users at https:// Pure magnesium is a metal or alloy the United States (HTSUS) subheadings access.trade.gov. Rebuttal briefs, limited containing by weight primarily the 8104.11.00, 8104.19.00, 8104.20.00, to issues raised in the case briefs, must element magnesium and produced by 8104.30.00, 8104.90.00, 3824.90.11, be filed within seven days after the time decomposing raw materials into 3824.90.19 and 9817.00.90. Although limit for filing case briefs.13 Parties who magnesium metal. Pure primary the HTSUS subheadings are provided submit case or rebuttal briefs in this magnesium is used primarily as a for convenience and customs purposes, proceeding are requested to submit with chemical in the aluminum alloying, the written description of the scope is each argument a statement of the issue, desulfurization, and chemical reduction dispositive. a brief summary of the argument, and a industries. In addition, pure magnesium table of authorities.14 Note that Preliminary Determination of No is used as an input in producing Commerce has temporarily modified Shipments magnesium alloy. Pure magnesium certain portions of its requirements for encompasses products (including, but We received timely submissions from serving documents containing business not limited to, butt ends, stubs, crowns TMI and TMM certifying that they did proprietary information, until further and crystals) with the following primary not have sales, shipments, or exports of notice.15 magnesium contents: subject merchandise to the United Interested parties who wish to request (1) Products that contain at least States during the POR.6 On November 2, a hearing, or to participate if one is 99.95% primary magnesium, by weight 2020, we requested the U.S. Customs requested, must submit a written (generally referred to as ‘‘ultra pure’’ and Border Protection (CBP) data file of request to Commerce within 30 days of magnesium) Magnesium Alloy’’ 5 and entries of subject merchandise imported the date of publication of this notice.16 are thus outside the scope of the into the United States during the POR, Requests should contain: (1) The party’s existing antidumping orders on and exported by TMM/TMI.7 This query name, address, the telephone number; magnesium from China (generally returned no entries during the POR.8 (2) the number of participants; and (3) referred to as ‘‘alloy’’ magnesium). Additionally, on November 19, 2020, a list of issues to be discussed. Issues (2) Products that contain less than Commerce submitted a no-shipments raised in the hearing will be limited to 99.95%, but not less than 99.8%, inquiry to CBP with regard to TMI/ those raised in the respective case and primary magnesium, by weight TMM,9 to which CBP responded that it rebuttal briefs. If a request for a hearing (generally referred to as ‘‘pure’’ found no shipments of subject is made, parties will be notified of the magnesium); and merchandise by TMI/TMM during the time and date for the hearing to be 10 (3) Products that contain 50% or POR. held.17 Commerce intends to issue the greater, but less than 99.8% primary Accordingly, and consistent with our final results of this administrative magnesium, by weight, and that do not practice, we preliminarily determine review, which will include the results of conform to ASTM specifications for that TMI/TMM had no shipments our analysis of all issues raised in the alloy magnesium (generally referred to during the POR. In addition, we find it case briefs, within 120 days of as ‘‘off-specification pure’’ magnesium). is not appropriate to rescind the review publication of these preliminary results ‘‘Off-specification pure’’ magnesium with respect to these companies, but in the Federal Register, unless is pure primary magnesium containing rather to complete the review with extended, pursuant to section magnesium scrap, secondary respect to TMI/TMM and issue 751(a)(3)(A) of the Act. magnesium, oxidized magnesium or appropriate instructions to CBP based impurities (whether or not intentionally on the final results of the review, Assessment Rates added) that cause the primary consistent with our practice in non- Upon issuance of the final results of 11 magnesium content to fall below 99.8% market economy (NME) cases. this review, Commerce will determine, by weight. It generally does not contain, Public Comment and CBP will assess, antidumping individually or in combination, 1.5% or duties on all appropriate entries covered Interested parties are invited to more, by weight, of the following by this review.18 Commerce intends to comment on the preliminary results and alloying elements: Aluminum, issue assessment instructions to CBP no may submit case briefs, filed manganese, zinc, silicon, thorium, earlier than 35 days after the date of electronically via Enforcement and zirconium and rare earths. publication of the final results of this Excluded from the scope of the order Compliance’s Antidumping Duty and review in the Federal Register. If a are alloy primary magnesium (that Countervailing Duty Centralized timely summons is filed at the U.S. meets specifications for alloy Electronic Service System (ACCESS), Court of International Trade, the magnesium), primary magnesium within 30 days after the date of assessment instructions will direct CBP anodes, granular primary magnesium publication of these preliminary results not to liquidate relevant entries until the (including turnings, chips and powder) of review.12 ACCESS is available to time for parties to file a request for a having a maximum physical dimension statutory injunction has expired (i.e., (i.e., length or diameter) of one inch or 6 See TMI’s Letter, ‘‘No Shipment Certification,’’ within 90 days of publication). Pursuant less, secondary magnesium (which has dated July 17, 2020; see also TMM’s Letter, ‘‘No Shipment Certification,’’ dated July 17, 2020. to Commerce’s practice in NME cases, if pure primary magnesium content of less 7 See Memorandum, ‘‘2019–2020 Administrative we continue to determine in the final than 50% by weight), and remelted Review of Pure Magnesium from the People’s magnesium whose pure primary Republic of China, Release of U.S. Customs and 13 See 19 CFR 351.309(d)(1) and (2); see also magnesium content is less than 50% by Border Protection Data,’’ dated March 1, 2021 at Attachment 1. Temporary Rule Modifying AD/CVD Service weight. 8 Id. at Attachment 2. Requirements Due to Pure magnesium products covered by 9 Id. at Attachment 3. COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule). the order are currently classifiable 10 Id. at Attachment 4. 14 See 19 CFR 351.309(c) and (d); see also 19 CFR 11 See Glycine from the People’s Republic of 351.303 (for general filing requirements). 5 The meaning of this term is the same as that China: Final Results of Antidumping Duty 15 used by the American Society for Testing and Administrative Review 2014–2015, 81 FR 72567 See Temporary Rule. Materials (ATSM) in its Annual Book for ASTM (October 20, 2016), and the ‘‘Assessment Rates’’ 16 See 19 CFR 351.310(c). Standards: Volume 01.02 Aluminum and section, below. 17 See 19 CFR 310(d). Magnesium Alloys. 12 See 19 CFR 351.309(c)(1)(ii). 18 See 19 CFR 351.212(b)(1).
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results that TMI/TMM had no Notification to Interested Parties permits Commerce to postpone the shipments of subject merchandise, any These preliminary results of review preliminary determination until no later suspended entries of subject are issued and published in accordance than 190 days after the date on which merchandise during the POR from these with sections 751(a)(1) and 777(i)(1) of Commerce initiated the investigation if: 2 companies will be liquidated at the the Act and 19 CFR 351.221(b)(4). (A) The petitioner makes a timely China-wide rate.19 request for a postponement; or (B) Dated: March 25, 2021. Commerce concludes that the parties Cash Deposit Requirements Christian Marsh, concerned are cooperating, that the Acting Assistant Secretary for Enforcement investigation is extraordinarily The following cash deposit and Compliance. requirements will be effective upon complicated, and that additional time is [FR Doc. 2021–06824 Filed 4–1–21; 8:45 am] publication of the final results of this necessary to make a preliminary administrative review for all shipments BILLING CODE 3510–DS–P determination. Under 19 CFR of the subject merchandise entered, or 351.205(e), the petitioner must submit a request for postponement 25 days or withdrawn from warehouse, for DEPARTMENT OF COMMERCE consumption on or after the publication more before the scheduled date of the date of the final results of review, as International Trade Administration preliminary determination and must provided for by section 751(a)(2)(C) of state the reasons for the request. the Act: (1) For TMI and TMM, which [A–560–838, A–557–823, A–549–843, A–552– Commerce will grant the request unless 832] claimed no shipments, the cash deposit it finds compelling reasons to deny the request. rate will remain unchanged from the Polyester Textured Yarn From rate assigned to TMI/TMM in the most Indonesia, Malaysia, Thailand, and the On March 9, 2021, the petitioners recently completed review of the Socialist Republic of Vietnam: submitted a timely request that companies; (2) for previously Postponement of Preliminary Commerce postpone the preliminary investigated or reviewed Chinese and Determinations in the Less-Than-Fair- determinations in these LTFV non-Chinese exporters who are not Value Investigations investigations.3 The petitioners stated under review in this segment of the that it requests postponement due to the proceeding but who have separate rates, AGENCY: Enforcement and Compliance, lack of time to collect, analyze, and the cash deposit rate will continue to be International Trade Administration, follow up on questionnaire responses the exporter-specific rate published for Department of Commerce. from the mandatory respondents in each the most recent period; (3) for all DATES: Applicable April 2, 2021. investigation. The petitioners believe Chinese exporters of subject FOR FURTHER INFORMATION CONTACT: that additional time will allow merchandise that have not been found Peter Shaw at (202) 482–0697 Commerce to consider the issues raised to be entitled to a separate rate, the cash (Indonesia); Daniel Alexander at (202) in each case, review initial and deposit rate will be the China-wide rate 482–2000 (Malaysia); Stephanie Berger supplemental data submitted by the of 111.73 percent; 20 and (4) for all non- at (202) 482–2483 (Thailand); Yang respondents, and request additional Chinese exporters of subject Chun at (202) 482–5760 (the Socialist information if necessary.4 merchandise which have not received Republic of Vietnam (Vietnam)), AD/ For the reason stated above, and their own rate, the cash deposit rate will CVD Operations, Enforcement and because there are no compelling reasons be the rate applicable to Chinese Compliance, International Trade to deny the request, Commerce, in exporter(s) that supplied that non- Administration, U.S. Department of accordance with section 733(c)(1)(A) of Chinese exporter. These deposit Commerce, 1401 Constitution Avenue the Act, is postponing the deadline for requirements, when imposed, shall NW, Washington, DC 20230. the preliminary determinations by 50 remain in effect until further notice. SUPPLEMENTARY INFORMATION: days (i.e., 190 days after the date on which these investigations were Notification to Importers Background initiated). As a result, Commerce will This notice also serves as a On November 17, 2020, the issue its preliminary determinations no preliminary reminder to importers of Department of Commerce (Commerce) later than May 26, 2021. In accordance initiated less-than-fair-value (LTFV) their responsibility under 19 CFR with section 735(a)(1) of the Act and 19 investigations of imports of polyester 351.402(f)(2) to file a certificate CFR 351.210(b)(1), the deadline for the textured yarn from Indonesia, Malaysia, final determinations of these regarding the reimbursement of Thailand, and Vietnam.1 Currently, the investigations will continue to be 75 antidumping duties prior to liquidation preliminary determinations are due no days after the date of the preliminary of the relevant entries during this later than April 6, 2021. determinations, unless postponed at a review period. Failure to comply with later date. this requirement could result in Postponement of Preliminary Commerce’s presumption that Determinations Notification to Interested Parties reimbursement of antidumping duties Section 733(b)(1)(A) of the Tariff Act This notice is issued and published occurred and the subsequent assessment of 1930, as amended (the Act), requires of doubled antidumping duties. pursuant to section 733(c)(2) of the Act Commerce to issue the preliminary and 19 CFR 351.205(f)(1). determination in an LTFV investigation 19 For a full discussion of this practice, see Non- within 140 days after the date on which 2 Market Economy Antidumping Proceedings: Commerce initiated the investigation. The petitioners are Unifi Manufacturing, Inc. Assessment of Antidumping Duties, 76 FR 65694 and Nan Ya Plastics Corporation, America. (October 24, 2011). However, section 733(c)(1)(A) of the Act 3 See Petitioners’ Letter, ‘‘Polyester Textured Yarn 20 See Pure Magnesium from the People’s from Indonesia, Malaysia, Thailand, and the Republic of China: Final Results of the 2008–2009 1 See Polyester Textured Yarn from Indonesia, Socialist Republic of Vietnam—Petitioners’ Request Antidumping Duty Administrative Review of the Malaysia, Thailand, and the Socialist Republic of to Postpone the Preliminary Determinations,’’ dated Antidumping Duty Order, 75 FR 80791 (December Vietnam: Initiation of Less-Than-Fair-Value March 9, 2021. 23, 2010). Investigations, 85 FR 74680 (November 23, 2020). 4 Id.
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Dated: March 12, 2021. business. The Office of Supply Chain, DATES: Applicable April 2, 2021. Christian Marsh, Professional & Business Services will FOR FURTHER INFORMATION CONTACT: Acting Assistant Secretary for Enforcement post the final detailed agenda on its Alice Maldonado, AD/CVD Operations, and Compliance. website, https://www.trade.gov/acscc, at Office II, Enforcement and Compliance, [FR Doc. 2021–06843 Filed 4–1–21; 8:45 am] least one week prior to the meeting. International Trade Administration, BILLING CODE 3510–DS–P The meeting is open to the public and U.S. Department of Commerce, 1401 press on a first-come, first-served basis. Constitution Avenue NW, Washington, Space is limited. Please contact Richard DC 20230; telephone: (202) 482–4682. DEPARTMENT OF COMMERCE Boll, at [email protected], for SUPPLEMENTARY INFORMATION: participation information. International Trade Administration Interested parties may submit written Background comments to the Committee at any time Advisory Committee on Supply Chain On December 17, 2020, Commerce before and after the meeting. Parties published the Preliminary Results.1 Competitiveness: Notice of Public wishing to submit written comments for Meetings Although we invited parties to comment consideration by the Committee in on the preliminary results of the AGENCY: International Trade advance of this meeting should email review,2 no interested party submitted Administration, U.S. Department of them to [email protected]. comments. Accordingly, no changes Commerce. For consideration during the meeting, have been made to the Preliminary and to ensure transmission to the ACTION: Notice of open meeting. Results, and no decision memorandum Committee prior to the meeting, accompanies this Federal Register SUMMARY: This notice sets forth the comments must be received no later notice.3 Commerce conducted this schedule and proposed topics of than 5:00 p.m. EST on April 15, 2021. administrative review in accordance discussion for the upcoming public Comments received after April 15, 2021, with section 751 of the Tariff Act of meeting of the Advisory Committee on will be distributed to the Committee, 1930, as amended (the Act). Supply Chain Competitiveness but may not be considered at the (Committee). meeting. The minutes of the meeting Scope of the Order will be posted on the Committee The products covered by the order are DATES: The meeting will be held on website within 60 days of the meeting. April 22, 2021, from 10:00 a.m. to 12:00 circular welded carbon and alloy steel p.m. and 1:00 p.m. to 4:00 p.m., Eastern Eugene Alford, (other than stainless steel) pipe of a kind Daylight Time (EDT). Supply Chain Team Lead, Office of Supply used for oil or gas pipelines (welded line pipe), not more than 24 inches in ADDRESSES: Chain, Professional and Business Services. The meeting will be held nominal outside diameter, regardless of [FR Doc. 2021–06814 Filed 4–1–21; 8:45 am] via Webex. wall thickness, length, surface finish, FOR FURTHER INFORMATION CONTACT: BILLING CODE 3510–DR–P end finish, or stenciling. Welded line Richard Boll, Office of Supply Chain, pipe is normally produced to the Professional & Business Services DEPARTMENT OF COMMERCE American Petroleum Institute (API) (OSCPBS), International Trade specification 5L, but can be produced to Administration. Email: richard.boll@ International Trade Administration comparable foreign specifications, to trade.gov. proprietary grades, or can be non-graded [A–489–822] SUPPLEMENTARY INFORMATION: material. All pipe meeting the physical Background: The Committee was Welded Line Pipe From the Republic of description set forth above, including established under the discretionary Turkey: Final Rescission of multiple-stenciled pipe with an API or authority of the Secretary of Commerce Antidumping Duty Administrative comparable foreign specification line and in accordance with the Federal Review, in Part, and Final Deferral of pipe stencil is covered by the scope of Advisory Committee Act (5 U.S.C. Administrative Review, in Part; 2018– this order. App.). It provides advice to the 2019 The welded line pipe that is subject Secretary of Commerce on the necessary to the order is currently classifiable in elements of a comprehensive policy AGENCY: Enforcement and Compliance, the Harmonized Tariff Schedule of the approach to supply chain International Trade Administration, United States (HTSUS) under competitiveness and on regulatory Department of Commerce. subheadings 7305.11.1030, policies and programs and investment SUMMARY: The Department of Commerce 7305.11.5000, 7305.12.1030, priorities that affect the competitiveness (Commerce) determines that Cimtas 7305.12.5000, 7305.19.1030, of U.S. supply chains. For more Boru Imalatlari ve Ticaret, Ltd. Sti. 7305.19.5000, 7306.19.1010, information about the Committee visit: (Cimtas), the sole mandatory respondent 7306.19.1050, 7306.19.5110, and https://www.trade.gov/acscc. and only company with suspended 7306.19.5150. The subject merchandise Matters to Be Considered: Committee entries of subject merchandise during may also enter in HTSUS 7305.11.1060 members are expected to continue the period of review (POR), did not have and 7305.12.1060. While the HTSUS discussing the major competitiveness- reviewable sales during the POR, subheadings are provided for related topics raised at the previous December 1, 2018, through November Committee meetings, including trade 30, 2019. We are deferring, in part, 1 See Welded Line Pipe from the Republic of Turkey: Preliminary Rescission of Antidumping and competitiveness; freight movement Cimtas’ sales reporting until a Duty Administrative Review, in Part, and and policy; trade innovation; regulatory subsequent review period. Additionally, Preliminary Deferral of Administrative Review, in issues; finance and infrastructure; and Commerce is rescinding, in part, this Part; 2018–2019, 85 FR 81877 (December 17, 2020) workforce development. The administrative review with respect to (Preliminary Results). Committee’s subcommittees will report the remaining 18 companies for which 2 Id. at 81878–79. 3 For further details of the events that followed on the status of their work regarding we initiated a review because they have the initiation of this review and the issues these topics. The agenda may change to no reviewable, suspended entries of addressed in this proceeding, see Preliminary accommodate other Committee subject merchandise during the POR. Results.
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convenience and customs purposes, the in the appendix to this notice at the rate result in Commerce’s presumption that written description of the scope of the in effect at the time of entry. Consistent reimbursement of antidumping duties order is dispositive. with its recent notice,6 Commerce occurred and the subsequent assessment intends to issue assessment instructions of double antidumping duties. Partial Rescission of Administrative to CBP no earlier than 35 days after the Review Administrative Protective Order date of publication of the final results of As noted in the Preliminary Results, this review in the Federal Register. If a This notice serves as the only the record of this administrative review timely summons is filed at the U.S. reminder to parties subject to indicates that the 18 companies listed in Court of International Trade, the administrative protective order (APO) of the appendix to this notice have no assessment instructions will direct CBP their responsibility concerning the reviewable, suspended entries of subject not to liquidate relevant entries until the disposition of proprietary information merchandise during the POR. It is time for parties to file a request for a disclosed under APO in accordance Commerce’s practice to rescind an statutory injunction has expired (i.e., with 19 CFR 351.305(a)(3), which administrative review pursuant to 19 within 90 days of publication). continues to govern business CFR 351.213(d)(3) when there are no As Commerce has made a final proprietary information in this segment reviewable entries of subject determination to defer the review with of the proceeding. Timely written merchandise during the POR for which respect to Cimtas’ suspended entries of notification of return/destruction of liquidation is suspended.4 In the subject merchandise during the POR, APO materials or conversion to judicial Preliminary Results, we preliminarily these entries will remain suspended protective order is hereby requested. determined to rescind this until completion of the ongoing review Failure to comply with the regulations administrative review with respect to of the antidumping duty order of and the terms of an APO is a the 18 companies that have no welded line pipe from Turkey for the sanctionable violation. reviewable, suspended entries of subject period December 1, 2019, through Notification to Interested Parties merchandise during the POR. We November 30, 2020.7 When Commerce received no comments from interested completes its review and issues final We are issuing and publishing these parties with respect to this record results for the period December 1, 2019, results in accordance with sections information or the preliminary partial through November 30, 2020, we will 751(a)(1) of the Act and 19 CFR rescission of the administrative review. instruct CBP to assess antidumping 351.213(d). Therefore, we are rescinding this duties on and liquidate Cimtas’ Dated: March 30, 2021. administrative review, in part, with suspended entries of subject James Maeder, respect to the 18 companies that have merchandise during the POR based on Deputy Assistant Secretary for Antidumping no reviewable entries during the POR. the final results of that review. If and Countervailing Duty Operations. Commerce receives a timely withdrawal Partial Deferral of Administrative Appendix Review of the request to review Cimtas and rescinds the review with respect to Borusan Istikbal Ticaret As noted in the Preliminary Results, Cimtas for the period December 1, 2019, Borusan Mannesmann Boru Sanayi ve Ticaret we determined that there are no through November 30, 2020, we will A.S. reviewable sales to an unaffiliated U.S. instruct CBP to assess antidumping Cayirova Boru Sanayi ve Ticaret A.S. customer related to Cimtas’ POR entries duties on and liquidate Cimtas’ Emek Boru Makina Sanayi ve Ticaret A.S. of subject merchandise and suspended entries of subject Erbosan Erciyas Tube Industry and Trade Co. Inc. preliminarily determined to defer merchandise during the POR at the cash Cimtas’ sales reporting until a Erciyas Celik Boru Sanayii A.S. deposit rate in effect at the time of entry. Guven Celik Boru Sanayii ve Ticaret Ltd. Sti. subsequent review period.5 We received Cash Deposit Requirements Has Altinyagmur celik Boru Sanayii ve no comments from interested parties Ticaret Ltd. Sti. with respect to this record information. As Commerce has proceeded to a final HDM Steel Pipe Industry & Trade Co. Ltd. Therefore, we continue to find that rescission, in part, and final deferral, in Metalteks Celik Urunleri Sanayii Cimtas has no reviewable sales during part, of this administrative review, no MMZ Onur Boru Profil Uretim Sanayii ve this POR and we are deferring Cimtas’ cash deposit rates will change. Ticaret A.S. reporting of its sales to the subsequent Accordingly, the current cash deposit Noksel Steel Pipe Co. Inc. review, contingent upon receiving a requirements shall remain in effect until Ozbal Celik Boru request for review of Cimtas. further notice. Toscelik Profile and Sheet Industry, Co. Tosyali Dis Ticaret A.S. Assessment Rates Notification to Importers Umran Celik Boru Sanayii YMS Pipe & Metal Sanayii A.S. We will instruct U.S. Customs and This notice serves as a final reminder Yucel Boru Ithalat-Ihracat ve Pazarlama A.S. Border Protection (CBP) to liquidate any to importers of their responsibility suspended entries of subject under 19 CFR 351.402(f)(2) to file a [FR Doc. 2021–06841 Filed 4–1–21; 8:45 am] merchandise for the 18 companies listed certificate regarding the reimbursement BILLING CODE 3510–DS–P of antidumping duties prior to 4 See, e.g., Forged Steel Fittings from Taiwan: liquidation of the relevant entries DEPARTMENT OF COMMERCE Rescission of Antidumping Duty Administrative during this review period. Failure to Review; 2018–2019, 85 FR 71317, 71318 (November 9, 2020); see also Certain Circular Welded Non- comply with this requirement could National Oceanic and Atmospheric Alloy Steel Pipe from Mexico: Rescission of Administration Antidumping Duty Administrative Review; 2016– 6 See Notice of Discontinuation of Policy to Issue 2017, 83 FR 54084 (October 26, 2018). Liquidation Instructions After 15 Days in Sanctuary System Business Advisory 5 See Preliminary Results, 85 FR at 81878; see also Applicable Antidumping and Countervailing Duty Memorandum, ‘‘Antidumping Duty Administrative Administrative Proceedings, 86 FR 884 (January 15, Council: Public Meeting 2021). Review of Welded Line Pipe from the Republic of AGENCY: Turkey: Business Proprietary Information (BPI) 7 See Initiation of Antidumping and Office of National Marine Related to the Preliminary Results,’’ dated Countervailing Duty Administrative Reviews, 86 FR Sanctuaries (ONMS), National Ocean December 17, 2020. 8166, 8171 (February 4, 2021). Service (NOS), National Oceanic and
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Atmospheric Administration (NOAA), thriving communities and stable invitation providing webinar access Department of Commerce (DOC). economies. information. Please request webinar ACTION: Notice of open public meeting. One of the many ways ONMS ensures invitations at least 24 hours in advance public participation in the designation of each webinar. SUMMARY: Notice is hereby given of a and management of national marine SEDAR address: 4055 Faber Place meeting of the Sanctuary System sanctuaries is through the formation of Drive, Suite 201, North Charleston, SC Business Advisory Council (council). advisory councils. The Sanctuary 29405. The meeting is open to the public, and System Business Advisory Council FOR FURTHER INFORMATION CONTACT: Julie an opportunity for oral and written (council) has been formed to provide A. Neer, SEDAR Coordinator; (843) 571– comments will be provided. advice and recommendations to the 4366; email: [email protected]. DATES: The meeting will be held Friday, Director regarding the relationship of SUPPLEMENTARY INFORMATION: The Gulf April 30, 2021 from 1:00 p.m. to 3:30 ONMS with the business community. of Mexico, South Atlantic, and p.m. EDT, and an opportunity for public Additional information on the council Caribbean Fishery Management comment will be provided around 3:00 can be found at https://sanctuaries. Councils, in conjunction with NOAA p.m. EDT. Both times and agenda topics noaa.gov/management/bac/. Fisheries and the Atlantic and Gulf Matters to be discussed: The meeting are subject to change. States Marine Fisheries Commissions will include updates from ONMS, have implemented the Southeast Data, ADDRESSES: The meeting will be held election of council officers, and possible Assessment and Review (SEDAR) virtually using Google Meet. To formation of working groups to address process, a multi-step method for participate, please use the website issues related to sustainable recreation determining the status of fish stocks in provided below. If you are unable to and tourism in national marine the Southeast Region. SEDAR is a multi- participate online, you can also connect sanctuaries. For a complete agenda, step process including: (1) Data to the public meeting using the phone including times and topics, please visit Workshop, (2) a series of assessment number provided. http://sanctuaries.noaa.gov/ webinars, and (3) A Review Workshop. Website: meet.google.com/bqg-qadx-yxp management/bac/meetings.html. The product of the Data Workshop is a Phone: +1 (904) 323–0324, PIN: 632 315 Authority: 16 U.S.C. 1431, et seq. 281# report that compiles and evaluates potential datasets and recommends To provide a public comment during John Armor, which datasets are appropriate for the virtual meeting, please sign up in Director, Office of National Marine assessment analyses. The assessment advance by contacting Katie Denman by Sanctuaries, National Ocean Service, webinars produce a report that describes phone (240–533–0702) or email National Oceanic and Atmospheric the fisheries, evaluates the status of the ([email protected]). Please note, Administration. stock, estimates biological benchmarks, no public comments will be recorded. [FR Doc. 2021–06764 Filed 4–1–21; 8:45 am] projects future population conditions, Public comments, including any BILLING CODE 3510–NK–P and recommends research and associated names, will be captured in monitoring needs. The product of the the minutes of the meeting, will be Review Workshop is an Assessment maintained by the Office of National DEPARTMENT OF COMMERCE Summary documenting panel opinions Marine Sanctuaries (ONMS) as part of National Oceanic and Atmospheric regarding the strengths and weaknesses its administrative record, and may be Administration of the stock assessment and input data. subject to release pursuant to the Participants for SEDAR Workshops are Freedom of Information Act. By signing [RTID 0648–XA956] appointed by the Gulf of Mexico, South up to provide a public comment, you Atlantic, and Caribbean Fishery agree that these communications, Fisheries of the Gulf of Mexico and Management Councils and NOAA including your name and comment, will Atlantic; Southeast Data, Assessment, Fisheries Southeast Regional Office, be maintained as described here. and Review (SEDAR); Public Meeting HMS Management Division, and FOR FURTHER INFORMATION CONTACT: AGENCY: National Marine Fisheries Southeast Fisheries Science Center. Katie Denman, Office of National Service (NMFS), National Oceanic and Participants include data collectors and Marine Sanctuaries, 1305 East-West Atmospheric Administration (NOAA), database managers; stock assessment Highway, Silver Spring, Maryland Commerce. scientists, biologists, and researchers; 20910 (Phone: 240–533–0702; Email: ACTION: Notice of SEDAR 68 Assessment constituency representatives including [email protected]). Webinar IV for Gulf of Mexico and fishermen, environmentalists, and SUPPLEMENTARY INFORMATION: ONMS Atlantic scamp grouper. NGO’s; International experts; and staff serves as the trustee for a network of of Councils, Commissions, and state and SUMMARY: The SEDAR 68 assessment underwater parks encompassing more federal agencies. process of Gulf of Mexico and Atlantic than 620,000 square miles of marine and The items of discussion during the scamp will consist of a series of data Great Lakes waters from Washington Assessment Webinar are as follows: and assessment webinars, and a Review State to the Florida Keys, and from Lake 1. Using datasets and initial Workshop. See SUPPLEMENTARY Huron to American Samoa. The network assessment analysis recommended from INFORMATION. includes a system of 14 national marine the data webinars, panelists will employ sanctuaries and Papaha¯naumokua¯kea DATES: The SEDAR 68 Assessment assessment models to evaluate stock and Rose Atoll marine national Webinar IV will be held April 19, 2021, status, estimate population benchmarks monuments. National marine from 10 a.m. to 1 p.m., Eastern Time. and management criteria, and project sanctuaries protect our Nation’s most ADDRESSES: The meeting will be held future conditions. vital coastal and marine natural and via webinar. The webinar is open to 2. Participants will recommend the cultural resources, and through active members of the public. Those interested most appropriate methods and research, management, and public in participating should contact Julie A. configurations for determining stock engagement, sustain healthy Neer at SEDAR (see FOR FURTHER status and estimating population environments that are the foundation for INFORMATION CONTACT) to request an parameters.
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Although non-emergency issues not DAP–STT/STJ —Roll Call contained in this agenda may come Join Zoom Meeting —Adoption of Agenda before this group for discussion, those https://us02web.zoom.us/j/ —Latest Draft of the Ecosystem Model issues may not be the subject of formal 86262657165?pwd=aGQ4U25rME92 —Island-Based FMP Implementation action during this meeting. Action will d1p1TWo4d3Y3RGFrdz09 and Possible Amendments be restricted to those issues specifically Meeting ID: 862 6265 7165 —Other Business identified in this notice and any issues Passcode: 901759 All three meetings will be discussing arising after publication of this notice One tap mobile the same agenda items. that require emergency action under +17879451488,,86262657165#,,,, Other than the starting date and time section 305(c) of the Magnuson-Stevens *901759# Puerto Rico the order of business may be adjusted as Fishery Conservation and Management +17879667727,,86262657165#,,,, necessary to accommodate the Act, provided the public has been *901759# Puerto Rico completion of agenda items, at the notified of the intent to take final action Dial by your location discretion of the Chair. The meetings to address the emergency. +1 787 945 1488 Puerto Rico will begin on April 19, 2021 at 10 a.m. Special Accommodations +1 787 966 7727 Puerto Rico AST, and will end on April 20, 2021, at +1 939 945 0244 Puerto Rico 12 p.m. AST. The meeting is physically accessible Meeting ID: 862 6265 7165 to people with disabilities. Requests for Passcode: 901759 Special Accommodations sign language interpretation or other Simultaneous interpretation will be DAP–PR auxiliary aids should be directed to the provided for the DAP–PR, on April 20, Council office (see ADDRESSES) at least 5 Join Zoom Meeting 2021. business days prior to each workshop. https://us02web.zoom.us/j/ Se proveera´ interpretacio´n en espan˜ ol. Note: The times and sequence specified in 86222659918? Para interpretacio´n en espan˜ ol puede this agenda are subject to change. pwd=UitRcnBJRXQyMUp marcar el siguiente nu´ mero para entrar WaEtISEZ6elVvQT09 a la reunio´n: US/Canada´: llame al +1– Authority: 16 U.S.C. 1801 et seq. Meeting ID: 862 2265 9918 888–947–3988, cuando el sistema Dated: March 30, 2021. Passcode: 623876 conteste, entrar el nu´ mero 1*999996#. Tracey L. Thompson, One tap mobile For English interpretation you may Acting Deputy Director, Office of Sustainable +19399450244,,86222659918#,,,, dial the following number to enter the Fisheries, National Marine Fisheries Service. *623876# Puerto Rico meeting: US/Canada: call +1–888–947– [FR Doc. 2021–06831 Filed 4–1–21; 8:45 am] +17879451488,,86222659918#,,,, 3988, when the system answers enter *623876# Puerto Rico BILLING CODE 3510–22–P the number 2*999996#. Dial by your location For any additional information on this +1 939 945 0244 Puerto Rico public virtual meeting, please contact DEPARTMENT OF COMMERCE +1 787 945 1488 Puerto Rico Diana Martino, Caribbean Fishery +1 787 966 7727 Puerto Rico Management Council, 270 Mun˜ oz National Oceanic and Atmospheric Meeting ID: 862 2265 9918 Rivera Avenue, Suite 401, San Juan, Administration Passcode: 623876 Puerto Rico, 00918–1903, telephone: [RTID XA977] DAP–STX (787) 226–8849. Join Zoom Meeting Authority: 16 U.S.C. 1801 et seq. Caribbean Fishery Management https://us02web.zoom.us/j/ Dated: March 30, 2021. Council; Public Meetings 84523918830? Tracey L. Thompson, AGENCY: National Marine Fisheries pwd=ZWdleXVrN2VzRW5Md Acting Deputy Director, Office of Sustainable Service (NMFS), National Oceanic and VdJOStBZVRNQT09 Fisheries, National Marine Fisheries Service. Atmospheric Administration (NOAA), Meeting ID: 845 2391 8830 [FR Doc. 2021–06835 Filed 4–1–21; 8:45 am] Commerce. Passcode: 507957 BILLING CODE 3510–22–P ACTION: Notice of public meetings. One tap mobile +17879451488,,84523918830#,,,, SUMMARY: The Caribbean Fishery *507957# Puerto Rico DEPARTMENT OF COMMERCE Management Council’s (Council) +17879667727,,84523918830#,,,, District Advisory Panels (DAPs) will *507957# Puerto Rico National Oceanic and Atmospheric hold public virtual meetings to address Dial by your location Administration the items contained in the tentative +1 787 945 1488 Puerto Rico agenda included in the SUPPLEMENTARY +1 787 966 7727 Puerto Rico [RTID 0648–XA991] INFORMATION. +1 939 945 0244 Puerto Rico DATES: The DAPs public virtual Meeting ID: 845 2391 8830 North Pacific Fishery Management meetings will be held as follows: St. Passcode: 507957 Council; Public Meeting FOR FURTHER INFORMATION CONTACT: Thomas/St. John DAP, April 19, 2021, AGENCY: National Marine Fisheries Miguel Rolo´n, Executive Director, from 10 a.m. to 12 p.m.; St. Croix DAP, Service (NMFS), National Oceanic and Caribbean Fishery Management Council, April 19, 2021, from 1 p.m. to 3 p.m.; Atmospheric Administration (NOAA), 270 Mun˜ oz Rivera Avenue, Suite 401, Puerto Rico DAP, April 20, 2021, from Commerce. 10 a.m. to 12 p.m. All meetings will be San Juan, Puerto Rico 00918–1903, ACTION: Notice of webconference. at Atlantic Standard Time (AST). telephone: (787) 398–3717. ADDRESSES: You may join the DAPs SUPPLEMENTARY INFORMATION: The SUMMARY: The North Pacific Fishery public virtual meetings (via Zoom) from following items included in the Management Council’s (NPFMC) a computer, tablet or smartphone by tentative agenda are: Ecosystem Committee will meet April entering the following addresses: —Call to Order 20, 2021.
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DATES: The meeting will be held on DEPARTMENT OF COMMERCE Council office (see ADDRESSES) 5 days Tuesday, April 20, 2021, from 9 a.m. to prior to the meeting. National Oceanic and Atmospheric 12 p.m., Alaska time. Note: The times and sequence specified in Administration this agenda are subject to change. ADDRESSES: The meeting will be a [RTID 0648–XA969] webconference. Join online through the Authority: 16 U.S.C. 1801 et seq. link at https://meetings.npfmc.org/ Fisheries of the South Atlantic; South Dated: March 30, 2021. Meeting/Details/2004. Atlantic Fishery Management Council; Tracey L. Thompson, Council address: North Pacific Public Meetings Acting Deputy Director, Office of Sustainable Fishery Management Council, 1007 W Fisheries, National Marine Fisheries Service. AGENCY: National Marine Fisheries 3rd Ave., Anchorage, AK 99501–2252; [FR Doc. 2021–06832 Filed 4–1–21; 8:45 am] telephone: (907) 271–2809. Instructions Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), BILLING CODE 3510–22–P for attending the meeting are given Commerce. under SUPPLEMENTARY INFORMATION, below. ACTION: Notice of a public meeting. DEPARTMENT OF COMMERCE SUMMARY: The South Atlantic Fishery FOR FURTHER INFORMATION CONTACT: National Oceanic and Atmospheric Management Council (Council) will Steve MacLean, Council staff; phone: Administration convene a meeting of the Outreach and (907) 271–2809 and email: Communications Advisory Panel via [RTID 0648–XA989] [email protected]. For technical webinar to address upcoming outreach support please contact administrative and communications topics. Western Pacific Fishery Management Council staff, email: npfmc.admin@ Council; Public Meetings DATES: The Outreach and noaa.gov. Communications Advisory Panel (AP) AGENCY: National Marine Fisheries SUPPLEMENTARY INFORMATION: meeting will be held via webinar on Service (NMFS), National Oceanic and Monday, April 19, 2021, from 1 p.m. Atmospheric Administration (NOAA), Agenda until 5 p.m. Commerce. Tuesday, April 20, 2021 ADDRESSES: ACTION: Notice of public meetings. Meeting address: The meeting will be The Ecosystem Committee will held via webinar. The webinar is open SUMMARY: The Western Pacific Fishery discuss potential agenda items and to members of the public. Information, Management Council (Council) will develop a workplan for the committee. including a link to webinar registration hold meetings of its Archipelagic Plan The agenda is subject to change, and the and meeting materials will be posted on Team (APT) and the Data Collection latest version will be posted at https:// the Council’s website at: https:// Subpanel (DCSP) of the Fishery Data meetings.npfmc.org/Meeting/Details/ safmc.net/safmc-meetings/current- Collection and Research Committee— 2004 prior to the meeting, along with advisory-panel-meetings/ as it becomes Technical Committee (FDCRC–TC) by web conference to discuss fishery meeting materials. available. Council address: South Atlantic management issues and develop Connection Information Fishery Management Council, 4055 recommendations for future Faber Place Drive, Suite 201, N. management of fisheries in the Western You can attend the meeting online Charleston, SC 29405. Pacific Region. using a computer, tablet, or smart FOR FURTHER INFORMATION CONTACT: DATES: The APT will be held on April phone; or by phone only. Connection 20–22, 2021. The DCSP will be held on information will be posted online at: Cameron Rhodes, Outreach Program Manager, SAFMC; phone: (843) 725– April 28–29, 2021. For specific times https://meetings.npfmc.org/Meeting/ 7577 or toll free: (866) SAFMC–10; fax: and agendas, see SUPPLEMENTARY Details/2004. (843) 769–4520; email: INFORMATION. Public Comment [email protected]. ADDRESSES: Audio and visual portions SUPPLEMENTARY INFORMATION: The for Archipelagic Plan Team meeting can Public comment letters will be Outreach and Communications AP will be accessed at: https:// accepted and should be submitted meet to discuss the following agenda wprfmc.webex.com/wprfmc/onstage/ electronically to https:// items: g.php?MTID=efc8f950c25af1314b2155 meetings.npfmc.org/Meeting/Details/ SciFish Project update & 355fb3dfd8b. The FDCRC–TC DCSP 2004. demonstration of the mobile application meeting can be accessed at https:// Authority: 16 U.S.C. 1801 et seq. for reporting, an update on the Council’s wprfmc.webex.com/wprfmc/onstage/ Citizen Science Program, and a g.php?MTID=e7e2d2060c7 Dated: March 30, 2021. demonstration of the new Commercial fcebd7482b2885e98e0ffb. Web Tracey L. Thompson, Fish Rules regulations mobile conference access information and Acting Deputy Director, Office of Sustainable application. The AP will also review a instructions for providing public Fisheries, National Marine Fisheries Service. restructuring of the Council’s newsletter comments will be posted on the Council [FR Doc. 2021–06838 Filed 4–1–21; 8:45 am] and provide recommendations. The website at www.wpcouncil.org. For BILLING CODE 3510–22–P meeting will conclude with a review of assistance with the web conference updates from individual members and connection, contact the Council office at discussion of other business as needed. (808) 552–8220. FOR FURTHER INFORMATION CONTACT: Special Accommodations Kitty M. Simonds, Executive Director, The meeting is physically accessible Western Pacific Fishery Management to people with disabilities. Requests for Council; phone: (808) 522–8220 (voice) auxiliary aids should be directed to the or (808) 522–8226 (fax).
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SUPPLEMENTARY INFORMATION: The APT b. Life history and length-derived 8. Timeline and prioritization meeting will be held on April 20–22, variables 9. Performance monitoring and 2021, from 1 p.m. to 5 p.m. Hawaii c. Biomass estimates for Coral Reef reporting Standard Time (HST) (noon to 4 p.m. Ecosystem Components 10. Discussions Samoa Standard Time (SST); 9 a.m. to 3. Habitat section 11. Public comment 1 p.m. on April 21–23, 2021, Chamorro 4. Socioeconomics section Thursday, April 29, 2021, 1 p.m.–5 p.m. Standard Time (ChST)). The FDCRC–TC 5. Marine Planning section HST (Noon–4 p.m. SST; Friday, April DCSP meeting will be held on April 28– 6. Discussions 30, 2021, 9 a.m.–1 p.m. ChST) 29, 2021, from 1 p.m. to 5 p.m. HST 7. Public comment (noon to 4 p.m. SST; 9 a.m. to 1 p.m. C. Administrative reports 12. Report on data collection on April 29–30, 2020 ChST). 1. Number of federal permits and improvement initiatives Opportunities to present oral public catch reports A. CatchIt LogIt implementation comment will be provided throughout 2. Regulatory actions in 2020 B. Mandatory license and reporting the agendas. The order of the agenda 3. Discussions implementation may change, and will be announced in 4. Public comment C. Hawaii commercial fisheries advance at the meetings. The meetings reporting Thursday, April 22, 2021, 1 p.m. to 5 D. Status of Hawaii Marine may run past the scheduled times noted p.m. HST (Noon–4 p.m. SST; Friday, above to complete scheduled business. Recreational Fishing Survey April 23, 2021, 9 a.m.–1 p.m. ChST) certification Agenda for the Archipelagic Plan Team 6. Action items 13. FDCRC–TC work items Meeting A. Changes to the Territorial A. Integration of the Data Collection Tuesday, April 20, 2021, 1 p.m. to 5 Bottomfish Management Unit Systems p.m. HST (Noon–4 p.m. SST; Species (BMUS) B. Improving Bycatch Monitoring Wednesday, April 21, 2021, 9 a.m.–1 B. Feasibility of a Marianas C. Enhanced Spatial Accounting of p.m. ChST) archipelago-wide assessment for Catch BMUS 14. Discussions 1. Welcome and introductions C. Management of the non- 15. Other business 2. Approval of draft agenda commercial and commercial uku 16. Public comment 3. Report on previous Plan Team fishery 17. FDCRC–TC–DCSP recommendations recommendations and Council actions D. Main Hawaiian island deep 7 Special Accommodations 4. Plan Team 101: Plan Team Direction Annual Catch Limit specification 5. 2020 Annual Stock Assessment and 7. Integration of the ‘CatchIt LogIt’ app These meetings are accessible to Fishery Evaluation (SAFE) Report information into fisheries assessments people with disabilities. Please direct A. Fishery Performance and monitoring requests for sign language interpretation 1. Archipelagic fisheries modules 8. Hawaii fisheries management issues or other auxiliary aids to Kitty M. a. American Samoa 9. Standardized Bycatch Reporting Simonds (see FOR FURTHER INFORMATION 1. Bottomfish fishery Methodology CONTACT above) at least 5 days prior to 2. Ecosystem component fisheries 10. Discussions the meeting date. 3. Fisherman’s observations 11. Public comment b. Guam Authority: 16 U.S.C. 1801 et seq. 13. Fishery Ecosystem Plan Team 1. Bottomfish fishery Dated: March 30, 2021. recommendations 2. Ecosystem component fisheries 14. Other business Tracey L. Thompson, 3. Fisherman’s observations Acting Deputy Director, Office of Sustainable c. Commonwealth of the Northern Agenda for the Fishery Data Collection Fisheries, National Marine Fisheries Service. Mariana Islands (CNMI) and Research Committee—Technical [FR Doc. 2021–06837 Filed 4–1–21; 8:45 am] 1. Bottomfish fishery Committee: Data Collection Subpanel BILLING CODE 3510–22–P 2. Ecosystem component fisheries Wednesday, April 28, 2021, 1 p.m. to 5 3. Fisherman’s observations p.m. HST (Noon–4 p.m. SST; Thursday, d. Hawaii April 29, 2021, 9 a.m.–1 p.m. ChST) DEPARTMENT OF COMMERCE 1. Bottomfish fishery 2. Crustacean fishery 1. Welcome and introductions National Oceanic and Atmospheric 3. Precious coral fishery 2. Approval of draft agenda Administration 3. Report on previous FDCRC–TC 4. Ecosystem component fisheries [RTID 0648–XA988] 5. Non-commercial fisheries recommendations and Council actions 6. Fisherman’s observations 4. Overview of the strategic planning Mid-Atlantic Fishery Management 2. Analytical considerations in session Council (MAFMC); Public Meeting generating the 2020 fishery 5. Report on the previous strategic plan dependent estimates A. Accomplishments and failures AGENCY: National Marine Fisheries 3. Discussions B. Issues and challenges Service (NMFS), National Oceanic and 4. Public Comment 6. Report on the individual territory Atmospheric Administration (NOAA), strategic plan consultations Commerce. Wednesday, April 21, 2021, 1 p.m. to 5 A. American Samoa ACTION: Notice; public meeting. p.m. HST (Noon–4 p.m. SST; Thursday, B. Guam April 22, 2021, 9 a.m.–1 p.m. ChST) C. CNMI SUMMARY: The Mackerel, Squid, and B. Ecosystem considerations D. Hawaii Butterfish (MSB) Advisory Panel of the 1. Protected species section 1. Commercial fishery Mid-Atlantic Fishery Management 2. Climate, ecosystems and biological 2. Non-commercial fishery Council (Council) will hold a meeting. section 7. Implementation roles and DATES: The meeting will be held on a. Environmental & climate variables responsibilities Tuesday, April 20, 2021, from 1 p.m. to
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5 p.m. For agenda details, see collection requirements and minimize the attainment of annual groundfish SUPPLEMENTARY INFORMATION. the public’s reporting burden. Public allocations, estimate catch rates of ADDRESSES: The meeting will be held comments were previously requested prohibited species, and as a component via internet webinar. See the Council’s via the Federal Register on January 6, in stock assessments. These data are website calendar at www.mafmc.org, for 2021 (86 FR 522), during a 60-day necessary to comply with the details. comment period. This notice allows for Magnuson-Stevens Act requirements to Council address: Mid-Atlantic Fishery an additional 30 days for public prevent overfishing. In addition, Management Council, 800 N. State comments. observer data is used to assess fishing Street, Suite 201, Dover, DE 19901; Agency: National Oceanic & related mortality of protected and telephone: (302) 674–2331 or on their Atmospheric Administration (NOAA), endangered species. website at www.mafmc.org. Commerce. Affected Public: Business or other for- Title: An Observer Program for At-Sea profit organizations. FOR FURTHER INFORMATION CONTACT: Processing Vessels in the Pacific Coast Frequency: Reporting on occasion, Christopher M. Moore, Ph.D., Executive Groundfish Fishery. weekly, or yearly. Director, Mid-Atlantic Fishery OMB Control Number: 0648–0500. Respondent’s Obligation: Mandatory. Management Council, telephone: (302) Form Number(s): None. Legal Authority: Magnuson-Stevens 526–5255. Type of Request: Regular submission Fishery Conservation and Management SUPPLEMENTARY INFORMATION: The (extension of a current information Act. purposes of the meeting are to: (1) collection). This information collection request Gather Advisory Panel input related to Number of Respondents: 268 (5 may be viewed at www.reginfo.gov. MSB specifications and management providers (supplying a total of 75 Follow the instructions to view the measures, (2) create Fishery observers or catch monitors) and 263 Department of Commerce collections Performance Reports for Illex squid, fishing vessels). currently under review by OMB. longfin squid, and butterfish, and (3) Average Hours per Response: For Written comments and provide input on an industry providers: 15 minutes for observer recommendations for the proposed perspectives document for the ongoing training/briefing/debriefing registration, information collection should be butterfish research track assessment. notification of observer physical submitted within 30 days of the examination, observer status reports, publication of this notice on the Special Accommodations other reports on observer harassment, following website www.reginfo.gov/ The meeting is physically accessible safety concerns, or performance public/do/PRAMain. Find this to people with disabilities. Requests for problems, catch monitor status reports, particular information collection by sign language interpretation or other and other catch monitor reports on selecting ‘‘Currently under 30-day auxiliary aid should be directed to harassment, prohibited actions, illness Review—Open for Public Comments’’ or Kathy Collins at (302) 526–5253, at least or injury, or performance problems; 5 by using the search function and 5 days prior to any meeting date. minutes for observer safety checklist entering either the title of the collection Authority: 16 U.S.C. 1801 et seq. submission to NMFS, observer provider or the OMB Control Number 0648–0500. contracts, observer information Sheleen Dumas, Dated: March 30, 2021. materials, catch monitor provider Tracey L. Thompson, contracts, and catch monitor Department PRA Clearance Officer, Office of Acting Deputy Director, Office of Sustainable the Chief Information Officer, Commerce informational materials; 10 minutes for Department. Fisheries, National Marine Fisheries Service. certificate of insurance; 7 minutes for [FR Doc. 2021–06802 Filed 4–1–21; 8:45 am] [FR Doc. 2021–06836 Filed 4–1–21; 8:45 am] catch monitor training/briefing BILLING CODE 3510–22–P BILLING CODE 3510–22–P registration, notification of catch monitor physical examination, and catch monitor debriefing registration. DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE For vessels: 10 minutes for fishing National Oceanic and Atmospheric departure reports and cease-fishing National Oceanic and Atmospheric Administration reports. Administration Total Annual Burden Hours: 621 [RTID 0648–XA974] Agency Information Collection hours. Needs and Uses: In 2011, the National Activities; Submission to the Office of North Pacific Fishery Management Marine Fisheries Service (NMFS) Management and Budget (OMB) for Council; Public Meeting Review and Approval; Comment mandated observer requirements for the Request; an Observer Program for At- West Coast groundfish trawl catch AGENCY: National Marine Fisheries Sea Processing Vessels in the Pacific shares program. For all fishery sectors, Service (NMFS), National Oceanic and Coast Groundfish Fishery observers must be obtained through Atmospheric Administration (NOAA), third-party observer provider companies Commerce. The Department of Commerce will operating under permits issued by ACTION: Notice of webconference. submit the following information NMFS. The regulations at §§ 660.140 collection request to the Office of (h), 660.150 (j), and 660.160 (g), specify SUMMARY: The North Pacific Fishery Management and Budget (OMB) for observer coverage requirements for Management Council (Council) Partial review and clearance in accordance trawl vessels and define the Coverage Fishery Monitoring Advisory with the Paperwork Reduction Act of responsibilities for observer providers, Committee (PCFMAC) will meet April 1995, on or after the date of publication including reporting requirements. 19, 2021. of this notice. We invite the general Regulations at § 660.140 (i) specify DATES: The meeting will be held on public and other Federal agencies to requirements for catch monitor coverage Monday, April 19, 2021, from 8:30 a.m. comment on proposed, and continuing for first receivers. Data collected by to 1 p.m. Alaska Time. information collections, which helps us observers are used by NMFS to estimate ADDRESSES: The meeting will be a assess the impact of our information total landed catch and discards, monitor webconference. Join online through the
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link at https://meetings.npfmc.org/ ACTION: Notice of public meetings. Dated: March 30, 2021. Meeting/Details/1986. Tracey L. Thompson, SUMMARY: The South Atlantic Fishery Council address: North Pacific Acting Deputy Director, Office of Sustainable Fishery Management Council, 1007 W Management Council (Council) will Fisheries, National Marine Fisheries Service. hold a meeting of the Snapper Grouper 3rd Ave., Anchorage, AK 99501–2252; [FR Doc. 2021–06834 Filed 4–1–21; 8:45 am] Advisory Panel (AP) April 21–23, 2021. telephone: (907) 271–2809. Instructions BILLING CODE 3510–22–P for attending the meeting are given DATES: The Snapper Grouper AP will under SUPPLEMENTARY INFORMATION, meet from 1:30 p.m. to 4:30 p.m. on below. April 21; from 9 a.m. to 4 p.m. on April DEPARTMENT OF COMMERCE 22, and from 9 a.m. to 12 p.m. on April FOR FURTHER INFORMATION CONTACT: Kate 23, 2021. Haapala, Council staff; phone; (907) National Telecommunications and 271–2809 and email: kate.haapala@ ADDRESSES: The meeting will be held Information Administration via webinar. noaa.gov. For technical support please Agency Information Collection contact administrative Council staff, FOR FURTHER INFORMATION CONTACT: Kim Iverson, Public Information Officer, Activities; Submission to the Office of email: [email protected]. Management and Budget (OMB) for SUPPLEMENTARY INFORMATION: SAFMC; phone: (843) 571–4366 or toll free: (866) SAFMC–10; fax: (843) 769– Review and Approval; Comment Agenda 4520; email: [email protected]. Request; 911 Grant Program Performance Closeout Report Monday, April 19, 2021 SUPPLEMENTARY INFORMATION: The AP meeting is open to the public and will The April 2021 PCFMAC agenda will AGENCY: National Telecommunications be available via webinar as it occurs. include: (a) Current or pending National and Information Administration (NTIA), Registration is required. Webinar Fish and Wildlife Foundation proposals; Department of Commerce (DOC). registration information, a public (b) prioritize Electronic Monitoring ACTION: Notice of information collection, comment form, and other meeting related projects; (c) cost efficiency request for comment. materials will be posted to the Council’s updates for the partial coverage website at: http://safmc.net/safmc- SUMMARY: The Department of program; (d) public comment; and (e) meetings/current-advisory-panel- Commerce, in accordance with the other business. The agenda is subject to meetings/ as it becomes available. Paperwork Reduction Act of 1995 change, and the latest version will be The Snapper Grouper AP will discuss (PRA), invites the general public and posted at https://meetings.npfmc.org/ and provide recommendations on the other Federal agencies to comment on Meeting/Details/1986 prior to the following topics: Potential Council proposed, and continuing information meeting, along with meeting materials. actions for yellowtail snapper and collections, which helps us assess the Connection Information snowy grouper in response to recent or impact of our information collection upcoming stock assessments; You can attend the meeting online requirements and minimize the public’s management actions considered for red using a computer, tablet, or smart reporting burden. The purpose of this porgy through Amendment 50 to the phone; or by phone only. Connection notice is to allow for 60 days of public Snapper Grouper Fishery Management information will be posted online at: comment preceding submission of the Plan (FMP); actions considered for https://meetings.npfmc.org/Meeting/ collection to OMB. greater amberjack through Snapper Details/1986. DATES: To ensure consideration, Grouper Amendment 49; possible comments regarding this proposed Public Comment approaches to reduce recreational information collection must be received Public comment letters will be discards; the South Atlantic Research on or before June 1, 2021. and Monitoring Prioritization Plan for accepted and should be submitted ADDRESSES: Interested parties are 2022–2027, and other topics as needed. electronically to https:// invited to submit written comments by In addition, the AP will provide meetings.npfmc.org/Meeting/Details/ email to [email protected]. Please information to develop a Fishery 1986. reference 911 Grant Program Closeout Performance Report for mutton snapper. Report in the subject line of your Authority: 16 U.S.C. 1801 et seq. The AP will also receive updates on comments. Do not submit Confidential Dated: March 30, 2021. Snapper Grouper Amendment 48 Business Information or otherwise considering modernization of Wreckfish Tracey L. Thompson, sensitive or protected information. Acting Deputy Director, Office of Sustainable Individual Transferable Quota (ITQ) FOR FURTHER INFORMATION CONTACT: Fisheries, National Marine Fisheries Service. program and revised objectives for the Snapper Grouper FMP, ongoing and Requests for additional information or [FR Doc. 2021–06833 Filed 4–1–21; 8:45 am] specific questions related to collection BILLING CODE 3510–22–P upcoming South Atlantic Southeast Data Assessment and Review (SEDAR) activities should be directed to Yuki stock assessment projects, the Council’s Miyamoto, Federal Program Officer, DEPARTMENT OF COMMERCE Citizen Science Program initiatives, and National Telecommunications and other items as needed. Information Administration, U.S. National Oceanic and Atmospheric Department of Commerce, 1401 Administration Special Accommodations Constitution Avenue NW, Room 4078, The meeting is physically accessible Washington, DC 20230, 202–657–9660, [RTID 0648–XA976] to people with disabilities. Requests for or via email at [email protected]. South Atlantic Fishery Management auxiliary aids should be directed to the SUPPLEMENTARY INFORMATION: Council office (see ADDRESSES) 5 days Council; Public Meetings I. Abstract prior to the meeting. AGENCY: National Marine Fisheries In 2012, the Next Generation 911 Note: The times and sequence specified in Service (NMFS), National Oceanic and this agenda are subject to change. (NG911) Advancement Act of 2012 Atmospheric Administration (NOAA), (Middle Class Tax Relief and Job Commerce. Authority: 16 U.S.C. 1801 et seq. Creation Act of 2012, Pub. L. 112–96,
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Title VI, Subtitle E (codified at 47 U.S.C. Affected Public: Reporting entities are ACTION: Additions to and Deletions from 942)) enacted changes to this program. the 36 grantees, making the total the Procurement List. It reauthorized the 911 Implementation maximum number of respondents 36. Coordination Office (ICO), a joint effort Estimated Number of Respondents: SUMMARY: This action adds product(s) to between NTIA and the National 36. the Procurement List that will be Highway Traffic Safety Administration Estimated Time per Response: 60 furnished by nonprofit agencies (NHTSA). It delineated the hours. employing persons who are blind or responsibilities of the ICO to include a Estimated Total Annual Burden have other severe disabilities, and joint program to establish and facilitate Hours: 2,160 hours. deletes product(s) from the Procurement coordination and communication Estimated Total Annual Cost to List previously furnished by such between federal, state, and local Public: $100,677.60. agencies. emergency communications systems, Respondents’ Obligation: Mandatory. DATES: Date added to and deleted from emergency personnel, public safety Legal Authority: 47 U.S.C. 942. the Procurement List: May 02, 2021. organizations, telecommunications IV. Requests for Comments ADDRESSES: Committee for Purchase carriers, and telecommunications From People Who Are Blind or Severely equipment manufacturers and vendors We are soliciting public comments to Disabled, 1401 S Clark Street, Suite 715, involved in the implementation of 911 permit the Department/Bureau to: (a) Arlington, Virginia 22202–4149. services. Evaluate whether the proposed FOR FURTHER INFORMATION CONTACT: information collection is necessary for The NG911 Advancement Act Michael R. Jurkowski, Telephone: (703) provided funding for grants to be used the proper functions of the Department, including whether the information will 603–2117, Fax: (703) 603–0655, or email for the implementation and operation of [email protected]. 911 services, E911 services, migration to have practical utility; (b) Evaluate the SUPPLEMENTARY INFORMATION: an IP-enabled emergency network, and accuracy of our estimate of the time and adoption and operation of NG911 cost burden for this proposed collection, Additions including the validity of the services and applications; the On 11/27/2020, the Committee for implementation of IP-enabled methodology and assumptions used; (c) Evaluate ways to enhance the quality, Purchase From People Who Are Blind emergency services and applications or Severely Disabled published notice of enabled by NG911 services, including utility, and clarity of the information to be collected; and (d) Minimize the proposed additions to the Procurement the establishment of IP backbone List. This notice is published pursuant networks and the application layer reporting burden on those who are to respond, including the use of automated to 41 U.S.C. 8503 (a)(2) and 41 CFR 51– software infrastructure needed to 2.3. interconnect the multitude of collection techniques or other forms of information technology. After consideration of the material emergency response organizations; and presented to it concerning capability of training public safety personnel, Comments that you submit in response to this notice are a matter of qualified nonprofit agencies to provide including call-takers, first responders, the product(s) and impact of the and other individuals and organizations public record. We will include or summarize each comment in our request additions on the current or most recent who are part of the emergency response contractors, the Committee has chain in 911 services. In August 2019, to OMB to approve this ICR. Before including your address, phone number, determined that the product(s) listed NTIA and NHTSA made $109,250,000 below are suitable for procurement by in grant awards to 36 agencies. email address, or other personal identifying information in your the Federal Government under 41 U.S.C. The information collected for the 8501–8506 and 41 CFR 51–2.4. closeout of this grant program will comment, you should be aware that include various reporting requirements. your entire comment—including your Regulatory Flexibility Act Certification personal identifying information—may The closeout performance report is a I certify that the following action will be made publicly available at any time. new collection instrument. All grantees not have a significant impact on a While you may ask us in your comment will submit the closeout performance substantial number of small entities. to withhold your personal identifying report, tangible property report and final The major factors considered for this information from public review, we financial report in accordance with 2 certification were: cannot guarantee that we will be able to CFR part 200, the Uniform 1. The action will not result in any do so. Administrative Requirements, Cost additional reporting, recordkeeping or Principles, and Audit Requirements for Sheleen Dumas, other compliance requirements for small Federal Awards (OMB Uniform Department PRA Clearance Officer, Office of entities other than the small Guidance). It is important for NHTSA the Chief Information Officer, Commerce organizations that will furnish the and NTIA to have this information so Department. product(s) to the Government. that they can effectively administer the [FR Doc. 2021–06769 Filed 4–1–21; 8:45 am] 2. The action will result in grant program and account for the BILLING CODE 3510–WL–P authorizing small entities to furnish the expenditure of funds. product(s) to the Government. II. Method of Collection 3. There are no known regulatory alternatives which would accomplish COMMITTEE FOR PURCHASE FROM Under this proposed effort, all the objectives of the Javits-Wagner- PEOPLE WHO ARE BLIND OR grantees are required to submit required O’Day Act (41 U.S.C. 8501–8506) in SEVERELY DISABLED documentation electronically via email. connection with the product(s) III. Data Procurement List; Additions and proposed for addition to the Deletions Procurement List. OMB Control Number: 06XX–XXX. Form Number: None. AGENCY: Committee for Purchase From End of Certification Type of Review: New information People Who Are Blind or Severely Accordingly, the following product(s) collection. Disabled. are added to the Procurement List:
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Product(s) Inc., Charlotte, NC; Industries of the 8415–01–465–4864—Pants, Physical NSN(s)—Product Name(s): Blind, Inc., Greensboro, NC; Mount Fitness Uniform, Army, Black, Medium/ 6505–01–420–9275—Rehydration Salts, Rogers Community Services Board, Short Oral, Lemon, 50g Wytheville, VA; Lions Volunteer Blind 8415–01–465–4865—Pants, Physical 6505–01–562–3894—Rehydration Salts, Industries, Inc., Morristown, TN Fitness Uniform, Army, Black, Large/ Oral, Modified, Lemon, 10g Contracting Activity: DLA TROOP SUPPORT, Short 6505–01–491–7131—Rehydration Salts, PHILADELPHIA, PA W6QK ACC–APG 8415–01–465–4866—Pants, Physical Oral, Modified, Mixed Berry, 10g NATICK, NATICK, MA Fitness Uniform, Army, Black, X-Large/ Short 6505–01–491–8351—Rehydration Salts, NSN(s)—Product Name(s): 8415–01–465–4867—Pants, Physical Oral, Modified, Citrus, 21g 6645–01–421–6898—Clock, Wall, Slimline, Fitness Uniform, Army, Black, XX-Large/ 6505–01–525–8930—Rehydration Salts, Taupe, 12–3/4’’ Diameter, Quartz Short Oral, Modified, Fruit Punch, 21g 6645–01–421–6901—Clock, Wall, Slimline, 8415–01–465–4869—Pants, Physical 6505–01–575–8540—Rehydration Salts, Stone Gray, 12 3/4’’ Quartz Fitness Uniform, Army, Black, XXX- Oral, Orange, 12.5g 6645–01–421–6906—Clock, Wall, Walnut, Large/Short 6505–01–575–8568—Rehydration Salts, 16’’ Quartz 8415–01–465–4871—Pants, Physical Oral, Lime, 12.5g 6645–01–456–6022—Clock, Wall, Slimline, Stone Gray, Custom Logo, 12 3/4’’ Quartz Fitness Uniform, Army, Black, X-Small/ 6505–01–575–8578—Rehydration Salts, Regular Oral, Pomegranate Acai Blueberry, 12.5g 6645–01–456–6023—Clock, Wall, Walnut, Custom Logo, 16’’ Quartz 8415–01–465–4872—Pants, Physical Designated Source of Supply: Alphapointe, Fitness Uniform, Army, Black, Small/ Kansas City, MO 6645–01–456–6024—Clock, Wall, Slimline, Taupe, Custom Logo, 12 3/4’’ Quartz Regular Contracting Activity: DEFENSE LOGISTICS 8415–01–465–4878—Pants, Physical AGENCY, DLA TROOP SUPPORT 6645–01–491–9807—Clock, Wall, Atomic, Bronze, 12 3/4’’ Diameter Fitness Uniform, Army, Black, Medium/ Deletions 6645–01–491–9808—Clock, Wall, Atomic, Regular Bronze, 9 1/4’’ Diameter Designated Source of Supply: Alphapointe, On 2/26/2021, the Committee for 6645–01–491–9829—Clock, Wall, 12/24 Kansas City, MO; Georgia Industries for Purchase From People Who Are Blind Hour, Atomic, Bronze, 9 1/4’’ Diameter the Blind, Bainbridge, GA; Lions or Severely Disabled published notice of 6645–01–491–9831—Clock, Wall, Atomic, Services, Inc., Charlotte, NC; Industries proposed deletions from the Black, Custom Logo, 9 1/4’’ Diameter of the Blind, Inc., Greensboro, NC; Lions Procurement List. This notice is 6645–01–492–0377—Clock, Wall, Atomic, Volunteer Blind Industries, Inc., published pursuant to 41 U.S.C. 8503 Walnut, 16’’ Diameter Morristown, TN; San Antonio (a)(2) and 41 CFR 51–2.3. Designated Source of Supply: Chicago Lighthouse for the Blind, San Antonio, After consideration of the relevant Lighthouse Industries, Chicago, IL TX; LC Industries, Inc., Durham, NC; Asso. for the Blind and Visually matter presented, the Committee has Contracting Activity: GSA/FAS ADMIN SVCS ACQUISITION BR(2, NEW YORK, Impaired-Goodwill Industries of Greater determined that the product(s) listed NY Rochester, Inc., Rochester, NY below are no longer suitable for NSN(s)—Product Name(s): Contracting Activity: DLA TROOP SUPPORT, procurement by the Federal Government 8415–01–465–4629—Pants, Physical PHILADELPHIA, PA under 41 U.S.C. 8501–8506 and 41 CFR Fitness Uniform, Army, Black, Large/ Michael R. Jurkowski, 51–2.4. Regular 8415–01–465–4635—Pants, Physical Deputy Director, Business & PL Operations. Regulatory Flexibility Act Certification Fitness Uniform, Army, Black, X-Large/ [FR Doc. 2021–06816 Filed 4–1–21; 8:45 am] I certify that the following action will Regular BILLING CODE 6353–01–P not have a significant impact on a 8415–01–465–4636—Pants, Physical substantial number of small entities. Fitness Uniform, Army, Black, XX-Large/ The major factors considered for this Regular COMMITTEE FOR PURCHASE FROM certification were: 8415–01–465–4638—Pants, Physical PEOPLE WHO ARE BLIND OR Fitness Uniform, Army, Black, XXX- SEVERELY DISABLED 1. The action will not result in Large/Regular additional reporting, recordkeeping or 8415–01–465–4639—Pants, Physical Procurement List; Proposed Deletions other compliance requirements for small Fitness Uniform, Army, Black, X-Small/ entities. Long AGENCY: Committee for Purchase From 2. The action may result in 8415–01–465–4640—Pants, Physical People Who Are Blind or Severely authorizing small entities to furnish the Fitness Uniform, Army, Black, Small/ Disabled. product(s) to the Government. Long ACTION: Proposed deletions from the 3. There are no known regulatory 8415–01–465–4641—Pants, Physical Procurement List. alternatives which would accomplish Fitness Uniform, Army, Black, Medium/ the objectives of the Javits-Wagner- Long 8415–01–465–4645—Pants, Physical SUMMARY: The Committee is proposing O’Day Act (41 U.S.C. 8501–8506) in Fitness Uniform, Army, Black, Large/ to delete service(s) from the connection with the product(s) deleted Long Procurement List that were furnished by from the Procurement List. 8415–01–465–4647—Pants, Physical nonprofit agencies employing persons Fitness Uniform, Army, Black, X-Large/ End of Certification who are blind or have other severe Long disabilities. Accordingly, the following product(s) 8415–01–465–4648—Pants, Physical are deleted from the Procurement List: Fitness Uniform, Army, Black, XX-Large/ DATES: Comments must be received on Long or before: May 2, 2021. Product(s) 8415–01–465–4652—Pants, Physical ADDRESSES: Committee for Purchase NSN(s)—Product Name(s): Fitness Uniform, Army, Black, XXX- From People Who Are Blind or Severely 8415–01–524–5957—Cover, PASGT Large/Long Disabled, 1401 S Clark Street, Suite 715, Helmet, Universal Camouflage, XS/S 8415–01–465–4860—Pants, Physical Arlington, Virginia 22202–4149. 8415–01–524–6027—Cover, PASGT Fitness Uniform, Army, Black, X-Small/ Helmet, Universal Camouflage, M/L Short FOR FURTHER INFORMATION CONTACT: For 8415–01–524–6028—Cover, PASGT 8415–01–465–4862—Pants, Physical further information or to submit Helmet, Universal Camouflage, XL Fitness Uniform, Army, Black, Small/ comments contact: Michael R. Designated Source of Supply: Lions Services, Short Jurkowski, Telephone: (703) 603–2117,
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Fax: (703) 603–0655, or email interred in graves that are individually April 15, 2021; and therefore, requests [email protected]. marked at the Carlisle Barracks Post public comment on this emergency SUPPLEMENTARY INFORMATION: This Cemetery. information collection by April 14, notice is published pursuant to 41 DATES: The disinterment is scheduled to 2021. In addition, the regular clearance U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its begin on June 14, 2021. Transportation process is hereby being initiated to purpose is to provide interested persons to and re-interment in private provide the public with the opportunity an opportunity to submit comments on cemeteries will take place as soon as to comment under the full comment the proposed actions. practical after the disinterment. If other period. Interested persons are invited to submit comments on or before April 8, Deletions living relatives object to the disinterment of these remains, please 2021. The following service(s) are proposed provide written objection to Lieutenant ADDRESSES: To access and review all the for deletion from the Procurement List: Colonel Scott Tasler or Captain Jason documents related to the information Service(s) Netteler at the email addresses listed collection listed in this notice, please use http://www.regulations.gov by Service Type: Janitorial Services below prior to May 1st, 2021. Such Mandatory for: FAA, Federal Facilities objections may delay the disinterment searching the Docket ID number ED– Building, Cleveland-Hopkins for the decedent in question. 2021–SCC–0055. Comments submitted International Airport, Cleveland, OH in response to this notice should be ADDRESSES: Objections from family Designated Source of Supply: Murray Ridge submitted electronically through the Production Center, Inc., Elyria, OH members and public comments can be Federal eRulemaking Portal at http:// Contracting Activity: FEDERAL AVIATION mailed to Lieutenant Colonel Scott www.regulations.gov by selecting the ADMINISTRATION, 697DCK Tasler or Captain Jason Netteler, OAC Docket ID number or via postal mail, REGIONAL ACQUISITIONS SVCS Project Managers, 1 Memorial Avenue, commercial delivery, or hand delivery. Arlington, VA 22211 or emailed to Michael R. Jurkowski, If the regulations.gov site is not usarmy.pentagon.hqda- Deputy Director, Business & PL Operations. available to the public for any reason, [email protected] ED will temporarily accept comments at [FR Doc. 2021–06815 Filed 4–1–21; 8:45 am] (preferred). BILLING CODE 6353–01–P [email protected]. Please include the FOR FURTHER INFORMATION CONTACT: docket ID number and the title of the Lieutenant Colonel Scott Tasler or information collection request when DEPARTMENT OF DEFENSE Captain Jason Netteler OAC Project requesting documents or submitting Managers at the email address listed comments. Please note that comments Department of the Army above. submitted by fax or email and those SUPPLEMENTARY INFORMATION: submitted after the comment period will Notice of Intended Disinterment Additional information related to Native not be accepted. Written requests for information or comments submitted by AGENCY: Department of the Army, DoD. Americans buried at the Carlisle postal mail or delivery should be ACTION: Notice of intended disinterment. Barracks Post Cemetery can be found at https://armycemeteries.army.mil/ addressed to the PRA Coordinator of the SUMMARY: The Office of Army Cemeteries/Carlisle-Barracks-Main-Post- Strategic Collections and Clearance Cemeteries (OAC) is honoring the Cemetery. Governance and Strategy Division, U.S. requests of the Rosebud Sioux family Department of Education, 400 Maryland members and an Aleut family member James W. Satterwhite Jr., Ave SW, LBJ, Room 208D, Washington, to disinter the human remains of 10 Army Federal Register Liaison Officer. DC 20202–8240. Native American students from the [FR Doc. 2021–06784 Filed 4–1–21; 8:45 am] FOR FURTHER INFORMATION CONTACT: For Carlisle Barracks Post Cemetery, BILLING CODE 5001–03–P specific questions related to collection Carlisle, Pennsylvania. The decedent activities, please contact Craig Pooler, names are: Sophia Tetoff from the 202–453–6195. Alaskan Aleut; and from the Rosebud DEPARTMENT OF EDUCATION SUPPLEMENTARY INFORMATION: The Sioux: Lucy Take the Tail (Pretty Eagle); [Docket No.: ED–2021–SCC–0055] Department of Education (ED), in Rose Long Face (Little Hawk); Ernest accordance with the Paperwork Knocks Off (White Thunder); Dennis Agency Information Collection Reduction Act of 1995 (PRA) (44 U.S.C. Strikes First (Blue Tomahawk); Maud Activities; Comment Request; Gaining 3506(c)(2)(A)), provides the general Little Girl (Swift Bear); Friend Hollow Early Awareness and Readiness for public and Federal agencies with an Horn Bear; Warren Painter (Bear Paints Undergraduate Programs (GEAR UP) opportunity to comment on proposed, Dirt); Alvan (Kills Seven Horses); Dora Match Waiver Request Form revised, and continuing collections of Her Pipe (Brave Bull). These students information. This helps the Department died between 1880 and 1910 while AGENCY: Office of Postsecondary assess the impact of its information attending the Carlisle Indian Industrial Education (OPE), Department of collection requirements and minimize School. At the request of the closest Education (ED). the public’s reporting burden. It also living relative for each decedent, OAC ACTION: Notice. helps the public understand the will disinter and facilitate the transport Department’s information collection and reinterment of the remains in SUMMARY: In accordance with the requirements and provide the requested private cemeteries chosen by the Paperwork Reduction Act of 1995, ED is data in the desired format. ED is families at government expense. This requesting the Office of Management soliciting comments on the proposed disinterment will be conducted in and Budget (OMB) to conduct an information collection request (ICR) that accordance with Army Regulation 290– emergency review of new information is described below. The Department of 5. This is not a Native American Graves collection. Education is especially interested in Protection and Repatriation Act DATES: The Department has requested public comment addressing the (NAGPRA) action because the remains emergency processing from OMB for following issues: (1) Is this collection are not part of a collection. They are this information collection request by necessary to the proper functions of the
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Department; (2) will this information be DEPARTMENT OF ENERGY Street, Suite 1300, Houston, Texas processed and used in a timely manner; 77002–2700, by telephone (832) 320– (3) is the estimate of burden accurate; Federal Energy Regulatory 5209, or by email at sorana_linder@ (4) how might the Department enhance Commission tcenergy.com. the quality, utility, and clarity of the [Docket No. CP21–81–000] Public Participation information to be collected; and (5) how There are three ways to become might the Department minimize the Notice of Request Under Blanket involved in the Commission’s review of burden of this collection on the Authorization and Establishing this project: you can file a protest to the respondents, including through the use Intervention and Protest Deadline; Columbia Gas Transmission, LLC project, you can file a motion to of information technology. Please note intervene in the proceeding, and you that written comments received in Take notice that on March 17 2021, can file comments on the project. There response to this notice will be Columbia Gas Transmission, LLC is no fee or cost for filing protests, considered public records. (Columbia), 700 Louisiana Street, Suite motions to intervene, or comments. The Title of Collection: Gaining Early 700, Houston, Texas 77002–2700, filed deadline for filing protests, motions to Awareness and Readiness for in the above referenced docket a prior intervene, and comments is 5:00 p.m. Undergraduate Programs (GEAR UP) notice pursuant to Section 157.205, Eastern Time on May 28, 2021. How to Match Waiver Request Form. 157.213 and 157.216 of the Federal file protests, motions to intervene, and Energy Regulatory Commission’s comments is explained below. OMB Control Number: 1840–NEW. regulations under the Natural Gas Act Protests Type of Review: A new information and the blanket certificate issued to collection. Columbia by the Commission in Docket Pursuant to section 157.205 of the 1 Commission’s regulations under the Respondents/Affected Public: Private No. CP83–76–000, seeking NGA,2 any person 3 or the Commission’s Sector; State, Local, and Tribal authorization to abandon twelve staff may file a protest to the request. If Governments. injection/withdrawal wells, convert two wells to observation status and abandon no protest is filed within the time Total Estimated Number of Annual associated pipelines and appurtenances, allowed or if a protest is filed and then Responses: 127. located in its Lucas, Pavonia, and withdrawn within 30 days after the Total Estimated Number of Annual Weaver Storage Fields in Ashland, allowed time for filing a protest, the Burden Hours: 64. Richland and Knox Counties, West proposed activity shall be deemed to be authorized effective the day after the Abstract: The Department is Virginia. Further, Columbia avers that the proposed abandonments will not time allowed for protest. If a protest is requesting approval of a brief form that filed and not withdrawn within 30 days will collect information needed to affect any firm service to any existing customers, all as more fully set forth in after the time allowed for filing a determine GEAR UP grantees’ eligibility the request which is on file with the protest, the instant request for for a waiver of the match requirement, Commission and open to public authorization will be considered by the as permitted under Section 3518(b) of inspection. Commission. the Coronavirus Aid, Relief, and In addition to publishing the full text Protests must comply with the Economic Security (CARES) Act. The of this document in the Federal requirements specified in section Department has estimated 30 minutes of Register, the Commission provides all 157.205(e) of the Commission’s 4 burden per respondent to provide this interested persons an opportunity to regulations, and must be submitted by information. view and/or print the contents of this the protest deadline, which is May 28, Additional Information: Section document via the internet through the 2021. A protest may also serve as a motion to intervene so long as the 3518(b) of the CARES Act provides Commission’s Home Page (http:// protestor states it also seeks to be an statutory authority for full match ferc.gov) using the ‘‘eLibrary’’ link. intervenor. waivers. The proposed form will collect Enter the docket number excluding the information needed to determine GEAR last three digits in the docket number Interventions field to access the document. At this UP grantees’ eligibility for a waiver of Any person has the option to file a time, the Commission has suspended the match requirement. If this motion to intervene in this proceeding. access to the Commission’s Public emergency collection is not approved, Only intervenors have the right to Reference Room, due to the the Department will not be able to request rehearing of Commission orders proclamation declaring a National extend the match requirement issued in this proceeding and to Emergency concerning the Novel flexibilities authorized by the CARES subsequently challenge the Coronavirus Disease (COVID–19), issued Act to GEAR UP grantees. Therefore, the Commission’s orders in the U.S. Circuit by the President on March 13, 2020. For Courts of Appeal. Department is requesting approval no assistance, contact the Federal Energy later than April 15, 2021 in order to To intervene, you must submit a Regulatory Commission at motion to intervene to the Commission implement this authority in a timely [email protected] or call manner. in accordance with Rule 214 of the toll-free, (886) 208–3676 or TYY, (202) Commission’s Rules of Practice and Lynn Mahaffie, 502–8659. Procedure 5 and the regulations under Any questions concerning this Assistant General Counsel, Division of the NGA 6 by the intervention deadline Regulatory Services. application should be directed to Sorana Linder, Director, Modernization & [FR Doc. 2021–06935 Filed 3–31–21; 4:15 pm] 2 18 CFR 157.205. Certificates, Columbia Gas 3 Persons include individuals, organizations, BILLING CODE 4000–01–P Transmission, LLC, 700 Louisiana businesses, municipalities, and other entities. 18 CFR 385.102(d). 1 Columbia Gas Transmission Corporation 4 18 CFR 157.205(e). (predecessor to Columbia Gas Transmission, LLC), 5 18 CFR 385.214. 22 FERC ¶ 62,029 (1983). 6 18 CFR 157.10.
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for the project, which is May 28, 2021. select ‘‘Protest’’, ‘‘Intervention’’, or Dated: March 29, 2021. As described further in Rule 214, your ‘‘Comment on a Filing’’; or 7 Kimberly D. Bose, motion to intervene must state, to the (2) You can file a paper copy of your Secretary. extent known, your position regarding submission by mailing it to the address [FR Doc. 2021–06848 Filed 4–1–21; 8:45 am] the proceeding, as well as your interest below.8 Your submission must reference BILLING CODE 6717–01–P in the proceeding. For an individual, the Project docket number CP21–81– this could include your status as a 000. landowner, ratepayer, resident of an DEPARTMENT OF ENERGY impacted community, or recreationist. Kimberly D. Bose, Secretary, Federal Federal Energy Regulatory You do not need to have property Energy Regulatory Commission, 888 Commission directly impacted by the project in order First Street NE, Washington, DC 20426 to intervene. For more information Combined Notice of Filings about motions to intervene, refer to the The Commission encourages FERC website at https://www.ferc.gov/ electronic filing of submissions (option Take notice that the Commission has resources/guides/how-to/intervene.asp. 1 above) and has eFiling staff available received the following Natural Gas Pipeline Rate and Refund Report filings: All timely, unopposed motions to to assist you at (202) 502–8258 or intervene are automatically granted by [email protected]. Docket Numbers: RP21–467–001. operation of Rule 214(c)(1). Motions to Applicants: Alliance Pipeline L.P. Protests and motions to intervene Description: Compliance filing Future intervene that are filed after the must be served on the applicant either intervention deadline are untimely and Sales of Capacity Compliance Filing to by mail or email (with a link to the be effective 3/11/2021. may be denied. Any late-filed motion to document) at: sorana_linder@ Filed Date: 3/25/21. intervene must show good cause for tcenergy.com or 700 Louisiana Street, Accession Number: 20210325–5044. being late and must explain why the Suite 700, Houston, Texas 77002–2700. Comments Due: 5 p.m. ET 4/6/21. time limitation should be waived and Any subsequent submissions by an provide justification by reference to Docket Numbers: RP21–647–000. intervenor must be served on the Applicants: Northern Natural Gas factors set forth in Rule 214(d) of the applicant and all other parties to the Company. Commission’s Rules and Regulations. A proceeding. Contact information for Description: § 4(d) Rate Filing: person obtaining party status will be parties can be downloaded from the 20210325 Miscellaneous Filing to be placed on the service list maintained by service list at the eService link on FERC effective 4/25/2021. the Secretary of the Commission and Online. Filed Date: 3/25/21. will receive copies (paper or electronic) Accession Number: 20210325–5078. of all documents filed by the applicant Tracking the Proceeding Comments Due: 5 p.m. ET 4/6/21. and by all other parties. Throughout the proceeding, Docket Numbers: RP21–648–000. Comments additional information about the project Applicants: Texas Eastern will be available from the Commission’s Transmission, LP. Any person wishing to comment on Office of External Affairs, at (866) 208– Description: Compliance filing TETLP the project may do so. The Commission FERC, or on the FERC website at OFO March 2021 Penalty Disbursement considers all comments received about www.ferc.gov using the ‘‘eLibrary’’ link Report. the project in determining the as described above. The eLibrary link Filed Date: 3/25/21. appropriate action to be taken. To Accession Number: 20210325–5085. also provides access to the texts of all ensure that your comments are timely Comments Due: 5 p.m. ET 4/6/21. formal documents issued by the and properly recorded, please submit Commission, such as orders, notices, Docket Numbers: RP21–649–000. your comments on or before May 28, and rulemakings. Applicants: Trailblazer Pipeline 2021. The filing of a comment alone will Company LLC. not serve to make the filer a party to the In addition, the Commission offers a Description: Compliance filing TPC proceeding. To become a party, you free service called eSubscription which 2021–03–25 2020 Annual Purchases and must intervene in the proceeding. allows you to keep track of all formal Sales Report. issuances and submittals in specific Filed Date: 3/25/21. How to File Protests, Interventions, and dockets. This can reduce the amount of Accession Number: 20210325–5101. Comments time you spend researching proceedings Comments Due: 5 p.m. ET 4/6/21. There are two ways to submit by automatically providing you with Docket Numbers: RP21–650–000. protests, motions to intervene, and notification of these filings, document Applicants: Rockies Express Pipeline comments. In both instances, please summaries, and direct links to the LLC. reference the Project docket number documents. For more information and to Description: Compliance filing REX CP21–81–000 in your submission. register, go to www.ferc.gov/docs-filing/ 2021–03–25 2020 Annual Purchases and esubscription.asp. Sales Report. (1) You may file your protest, motion Filed Date: 3/25/21. to intervene, and comments by using the 7 Additionally, you may file your comments Accession Number: 20210325–5102. Commission’s eFiling feature, which is electronically by using the eComment feature, Comments Due: 5 p.m. ET 4/6/21. which is located on the Commission’s website at located on the Commission’s website Docket Numbers: RP21–651–000. (www.ferc.gov) under the link to www.ferc.gov under the link to Documents and Filings. Using eComment is an easy method for Applicants: Natural Gas Pipeline Documents and Filings. New eFiling interested persons to submit brief, text-only Company of America. users must first create an account by comments on a project. Description: Compliance filing 8 clicking on ‘‘eRegister.’’ You will be Hand-delivered submissions in docketed Penalty Revenue Crediting Report from asked to select the type of filing you are proceedings should be delivered to Health and Human Services, 12225 Wilkins Avenue, Rockville, July through December 2020. making; first select General’’ and then Maryland 20852. Filed Date: 3/25/21.
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Accession Number: 20210325–5123. elibrary.ferc.gov/idmws/search/ Filed Date: 3/25/21. Comments Due: 5 p.m. ET 4/6/21. fercgensearch.asp) by querying the Accession Number: 20210325–5249. Docket Numbers: RP21–652–000. docket number. Comments Due: 5 p.m. ET 4/15/21. Applicants: Horizon Pipeline Any person desiring to intervene or Docket Numbers: ER21–1020–001. Company, L.L.C. protest in any of the above proceedings Applicants: Midcontinent Description: Compliance filing must file in accordance with Rules 211 Independent System Operator, Inc., Horizon Penalty Revenue Crediting and 214 of the Commission’s ALLETE, Inc. Report for Year 2020. Regulations (18 CFR 385.211 and Description: Tariff Amendment: Filed Date: 3/25/21. 385.214) on or before 5:00 p.m. Eastern 2021–03–26_Amendment to ALLETE Accession Number: 20210325–5125. time on the specified comment date. Depreciation Rate Filing to be effective Comments Due: 5 p.m. ET 4/6/21. Protests may be considered, but 1/1/2020. Docket Numbers: RP21–653–000. intervention is necessary to become a Filed Date: 3/26/21. Applicants: Ovintiv Marketing Inc., party to the proceeding. Accession Number: 20210326–5111. Kiwetinohk Marketing US Corp. eFiling is encouraged. More detailed Comments Due: 5 p.m. ET 4/16/21. Description: Joint Petition For information relating to filing Docket Numbers: ER21–1519–000. Temporary Waiver of Capacity Release requirements, interventions, protests, Applicants: Cool Springs Solar, LLC. Regulations, et al. of Ovintiv Marketing service, and qualifying facilities filings Description: Baseline eTariff Filing: Inc., et al. can be found at: http://www.ferc.gov/ Cool Springs Solar, LLC Application for Filed Date: 3/25/21. docs-filing/efiling/filing-req.pdf. For MBR Authority to be effective Accession Number: 20210325–5128. other information, call (866) 208–3676 5/25/2021. Comments Due: 5 p.m. ET 4/6/21. (toll free). For TTY, call (202) 502–8659. Filed Date: 3/25/21. Docket Numbers: RP21–654–000. Dated: March 29, 2021. Accession Number: 20210325–5185. Applicants: Leaf River Energy Center Nathaniel J. Davis, Sr., Comments Due: 5 p.m. ET 4/15/21. LLC. Deputy Secretary. Docket Numbers: ER21–1520–000. Description: § 4(d) Rate Filing: Leaf Applicants: PJM Interconnection, River Non-conforming agreement filing [FR Doc. 2021–06818 Filed 4–1–21; 8:45 am] BILLING CODE 6717–01–P L.L.C. to be effective 4/1/2021. Description: § 205(d) Rate Filing: Filed Date: 3/25/21. Amendment to ISA, Service Agreement Accession Number: 20210325–5143. DEPARTMENT OF ENERGY No. 4518; Queue No. W4–005 to be Comments Due: 5 p.m. ET 4/6/21. effective 6/30/2017. Docket Numbers: RP21–655–000. Federal Energy Regulatory Filed Date: 3/26/21. Applicants: Enable Gas Transmission, Commission Accession Number: 20210326–5009. LLC. Comments Due: 5 p.m. ET 4/16/21. Description: § 4(d) Rate Filing: Fuel Combined Notice of Filings #1 Docket Numbers: ER21–1521–000. Tracker Filing—Effective May 1 2021 to Applicants: Southern California be effective 5/1/2021. Take notice that the Commission Filed Date: 3/25/21. received the following exempt Edison Company. Accession Number: 20210325–5146. wholesale generator filings: Description: § 205(d) Rate Filing: Comments Due: 5 p.m. ET 4/6/21. Docket Numbers: EG21–117–000. SCE’s Revision to Formula Rate Tariff Authorized 2021 PBOPs Expense Docket Numbers: RP21–656–000. Applicants: Azure Sky Solar Project, Amount to be effective 1/1/2021. Applicants: Gulf South Pipeline LLC. Filed Date: 3/26/21. Company, LLC. Description: Notice of Self- Accession Number: 20210326–5012. Description: § 4(d) Rate Filing: Certification of Exempt Wholesale Comments Due: 5 p.m. ET 4/16/21. Amendment to NC Neg Rate Agmt Generator Status of Azure Sky Solar (Entergy 48769) to be effective 4/1/2021. Project, LLC. Docket Numbers: ER21–1522–000. Filed Date: 3/26/21. Filed Date: 3/18/21. Applicants: Midcontinent Accession Number: 20210326–5011. Accession Number: 20210318–5292. Independent System Operator, Inc., Comments Due: 5 p.m. ET 4/7/21. Comments Due: 5 p.m. ET 4/8/21. ALLETE, Inc. Docket Numbers: EG21–118–000. Description: § 205(d) Rate Filing: Docket Numbers: RP21–657–000. _ Applicants: Rover Pipeline LLC. Applicants: Sky River Wind, LLC. 2021–03–26 SA 3640 and 3641 MP– Description: Compliance filing Flow Description: Notice of Self- GRE Riverton Agreements of Sale to be Through of Cash-Out and Penalty Certification of Exempt Wholesale effective 3/27/2021. Revenues filed on 3–26–21. Generator Status of Sky River Wind, Filed Date: 3/26/21. Filed Date: 3/26/21. LLC. Accession Number: 20210326–5016. Accession Number: 20210326–5010. Filed Date: 3/25/21. Comments Due: 5 p.m. ET 4/16/21. Comments Due: 5 p.m. ET 4/7/21. Accession Number: 20210325–5243. Docket Numbers: ER21–1523–000. Docket Numbers: RP21–658–000. Comments Due: 5 p.m. ET 4/15/21. Applicants: PJM Interconnection, Applicants: Fortigen Geneva LLC,NE Take notice that the Commission L.L.C. Nitro Geneva LLC. received the following electric rate Description: Tariff Cancellation: Description: Joint Petition For filings: Notice of Cancellation of WMPA, Temporary Waiver of Capacity Release Docket Numbers: ER19–2507–003; Service Agreement No. 4699; Queue No. Regulations, et al. of Fortigen Geneva ER13–1793–015; ER12–1260–016. AB1–065 to be effective 11/20/2020. LLC, et al. Applicants: Convergent Energy and Filed Date: 3/26/21. Filed Date: 3/26/21. Power LP, Hazle Spindle, LLC, Accession Number: 20210326–5018. Accession Number: 20210326–5193. Stephentown Spindle, LLC. Comments Due: 5 p.m. ET 4/16/21. Comments Due: 5 p.m. ET 4/2/21. Description: Supplement to July 30, Docket Numbers: ER21–1524–000. The filings are accessible in the 2020 Notice of Change in Status of the Applicants: Florida Power & Light Commission’s eLibrary system (https:// Convergent MBR Sellers. Company.
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Description: § 205(d) Rate Filing: FPL Applicants: Pacific Gas and Electric intention of flowing gas on the lateral. and OUC Service Agreement for Firm Company. Additionally, on November 10, 2020, Point-To-Point Transmission Service to Description: § 205(d) Rate Filing: Stingray received approval from the be effective Work Performance Agreement for Bureau of Safety and Environmental 6/1/2021. CDWR Contra Costa-Tesla (TO SA 275) Enforcement to relinquish its right-of- Filed Date: 3/26/21. to be effective 5/28/2021. way and abandon in-place the WC 144 Accession Number: 20210326–5019. Filed Date: 3/26/21. Lateral, all as more fully set forth in the Comments Due: 5 p.m. ET 4/16/21. Accession Number: 20210326–5118. request which is on file with the Docket Numbers: ER21–1525–000. Comments Due: 5 p.m. ET 4/16/21. Commission and open to public Applicants: Centerfield Cooper Solar, The filings are accessible in the inspection. LLC. Commission’s eLibrary system (https:// In addition to publishing the full text Description: Baseline eTariff Filing: elibrary.ferc.gov/idmws/search/ of this document in the Federal Reactive Power Compensation Filing to fercgensearch.asp) by querying the Register, the Commission provides all be effective 3/27/2021. docket number. interested persons an opportunity to Filed Date: 3/26/21. Any person desiring to intervene or view and/or print the contents of this Accession Number: 20210326–5028. protest in any of the above proceedings document via the internet through the Comments Due: 5 p.m. ET 4/16/21. must file in accordance with Rules 211 Commission’s Home Page (http:// Docket Numbers: ER21–1526–000. and 214 of the Commission’s ferc.gov) using the ‘‘eLibrary’’ link. Applicants: Southern California Regulations (18 CFR 385.211 and Enter the docket number excluding the Edison Company. 385.214) on or before 5:00 p.m. Eastern last three digits in the docket number Description: § 205(d) Rate Filing: 2021 time on the specified comment date. field to access the document. At this TACBAA Update to be effective 6/1/ Protests may be considered, but time, the Commission has suspended 2021. intervention is necessary to become a access to the Commission’s Public Filed Date: 3/26/21. party to the proceeding. Reference Room, due to the Accession Number: 20210326–5060. eFiling is encouraged. More detailed proclamation declaring a National Comments Due: 5 p.m. ET 4/16/21. information relating to filing Emergency concerning the Novel Docket Numbers: ER21–1527–000. requirements, interventions, protests, Coronavirus Disease (COVID–19), issued Applicants: Tri-State Generation and service, and qualifying facilities filings by the President on March 13, 2020. For Transmission Association, Inc. can be found at: http://www.ferc.gov/ assistance, contact the Federal Energy Description: Tariff Cancellation: docs-filing/efiling/filing-req.pdf. For Regulatory Commission at Notice of Cancellation of Rate Schedule other information, call (866) 208–3676 [email protected] or call FERC No. 99 to be effective 3/27/2021. (toll free). For TTY, call (202) 502–8659. toll-free, (886) 208–3676 or TYY, (202) Filed Date: 3/26/21. Dated: March 26, 2021. 502–8659. Any questions concerning this Accession Number: 20210326–5068. Nathaniel J. Davis, Sr., Comments Due: 5 p.m. ET 4/16/21. application should be directed to Blair Deputy Secretary. Lichtenwalter, Senior Director of Docket Numbers: ER21–1528–000. [FR Doc. 2021–06817 Filed 4–1–21; 8:45 am] Certificates, Stingray Pipeline Company, Applicants: Midcontinent BILLING CODE 6717–01–P L.L.C., 1300 Main Street, Houston, Independent System Operator, Inc., Texas 77002, by phone at (713) 989– Duke Energy Indiana, LLC. 2605, by fax at (713) 989–1205, or by Description: § 205(d) Rate Filing: DEPARTMENT OF ENERGY _ email at blair.lichtenwalter@ 2021–03–26 SA 3646 DEI-Hardy Hills energytransfer.com. E&P (J1063) to be effective 3/27/2021. Federal Energy Regulatory Filed Date: 3/26/21. Commission Public Participation Accession Number: 20210326–5090. [Docket No. CP21–90–000] There are three ways to become Comments Due: 5 p.m. ET 4/16/21. involved in the Commission’s review of Docket Numbers: ER21–1529–000. Notice of Request Under Blanket this project: You can file a protest to the Applicants: New York Independent Authorization and Establishing project, you can file a motion to System Operator, Inc., Niagara Mohawk Intervention and Protest Deadline; intervene in the proceeding, and you Power Corporation. Stingray Pipeline Company, L.L.C. can file comments on the project. There Description: § 205(d) Rate Filing: Joint Take notice that on March 19, 2021, is no fee or cost for filing protests, 205 SGIA among NYISO, NMPC and Stingray Pipeline Company, L.L.C. motions to intervene, or comments. The Tayandenega Solar SA 2600 to be (Stingray), 1300 Main Street, Houston, deadline for filing protests, motions to effective 3/3/2021. Texas 77002, filed in the above intervene, and comments is 5:00 p.m. Filed Date: 3/26/21. reference docket a prior notice pursuant Eastern Time on May 28, 2021. How to Accession Number: 20210326–5099. to sections 157.205 and 157.216 of the file protests, motions to intervene, and Comments Due: 5 p.m. ET 4/16/21. Commission’s regulations under the comments is explained below. Docket Numbers: ER21–1530–000. Natural Gas Act (NGA) and its blanket Protests Applicants: PECO Energy Company, certificate issued in Docket No. CP91– PJM Interconnection, L.L.C. 1505–000 for authorization to abandon Pursuant to section 157.205 of the Description: § 205(d) Rate Filing: Commission’s regulations under the in-place the approximately 11.24-mile, 1 2 PECO submits Revisions to Att. H–7A 24-inch-diameter WC 144 Lateral, which NGA, any person or the Commission’s re: Depreciation and Amortization Rate extends from West Cameron Block 148 staff may file a protest to the request. If to be effective 5/28/2021. to West Cameron Block 144, and related no protest is filed within the time Filed Date: 3/26/21. appurtenances, all located in federal Accession Number: 20210326–5104. 1 18 CFR 157.205. waters, offshore Louisiana in the Gulf of 2 Persons include individuals, organizations, Comments Due: 5 p.m. ET 4/16/21. Mexico. The WC 144 Lateral has been businesses, municipalities, and other entities. 18 Docket Numbers: ER21–1531–000. idled since 2016 and Stingray has no CFR 385.102(d).
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allowed or if a protest is filed and then the Secretary of the Commission and Tracking the Proceeding withdrawn within 30 days after the will receive copies (paper or electronic) Throughout the proceeding, allowed time for filing a protest, the of all documents filed by the applicant additional information about the project proposed activity shall be deemed to be and by all other parties. will be available from the Commission’s authorized effective the day after the Comments Office of External Affairs, at (866) 208– time allowed for protest. If a protest is FERC, or on the FERC website at Any person wishing to comment on filed and not withdrawn within 30 days www.ferc.gov using the ‘‘eLibrary’’ link the project may do so. The Commission after the time allowed for filing a as described above. The eLibrary link considers all comments received about protest, the instant request for also provides access to the texts of all the project in determining the authorization will be considered by the formal documents issued by the appropriate action to be taken. To Commission. Commission, such as orders, notices, Protests must comply with the ensure that your comments are timely and rulemakings. requirements specified in section and properly recorded, please submit In addition, the Commission offers a 157.205(e) of the Commission’s your comments on or before May 28, free service called eSubscription which 3 regulations, and must be submitted by 2021. The filing of a comment alone will allows you to keep track of all formal the protest deadline, which is May 28, not serve to make the filer a party to the issuances and submittals in specific 2021. A protest may also serve as a proceeding. To become a party, you dockets. This can reduce the amount of motion to intervene so long as the must intervene in the proceeding. time you spend researching proceedings protestor states it also seeks to be an How To File Protests, Interventions, and by automatically providing you with intervenor. Comments notification of these filings, document Interventions There are two ways to submit summaries, and direct links to the Any person has the option to file a protests, motions to intervene, and documents. For more information and to motion to intervene in this proceeding. comments. In both instances, please register, go to www.ferc.gov/docs-filing/ Only intervenors have the right to reference the Project docket number esubscription.asp. request rehearing of Commission orders CP21–90–000 in your submission. The Dated: March 29, 2021. issued in this proceeding and to Commission encourages electronic filing Kimberly D. Bose, subsequently challenge the of submissions. Secretary. Commission’s orders in the U.S. Circuit (1) You may file your protest, motion [FR Doc. 2021–06847 Filed 4–1–21; 8:45 am] Courts of Appeal. to intervene, and comments by using the BILLING CODE 6717–01–P To intervene, you must submit a Commission’s eFiling feature, which is motion to intervene to the Commission located on the Commission’s website in accordance with Rule 214 of the (www.ferc.gov) under the link to DEPARTMENT OF ENERGY Commission’s Rules of Practice and Documents and Filings. New eFiling Procedure 4 and the regulations under users must first create an account by Federal Energy Regulatory the NGA 5 by the intervention deadline clicking on ‘‘eRegister.’’ You will be Commission for the project, which is May 28, 2021. asked to select the type of filing you are As described further in Rule 214, your making; first select General’’ and then Combined Notice of Filings #1 motion to intervene must state, to the select ‘‘Protest’’, ‘‘Intervention’’, or March 29, 2021. extent known, your position regarding ‘‘Comment on a Filing.’’ Take notice that the Commission the proceeding, as well as your interest The Commission’s eFiling staff are received the following electric corporate in the proceeding. For an individual, available to assist you at (202) 502–8258 filings: this could include your status as a or [email protected]. Docket Numbers: EC21–68–000. landowner, ratepayer, resident of an (2) You can file a paper copy of your Applicants: Oleander Power Project, impacted community, or recreationist. submission. Your submission must Limited Partnership. You do not need to have property reference the Project docket number Description: Application for directly impacted by the project in order CP21–90–000. Authorization Under Section 203 of the to intervene. For more information To mail via USPS, use the following Federal Power Act of Oleander Power about motions to intervene, refer to the address: Kimberly D. Bose, Secretary, Project, Limited Partnership. FERC website at https://www.ferc.gov/ Federal Energy Regulatory Commission, Filed Date: 3/26/21. resources/guides/how-to/intervene.asp. 888 First Street NE, Washington, DC Accession Number: 20210326–5202. All timely, unopposed motions to 20426. Comments Due: 5 p.m. ET 4/16/21. intervene are automatically granted by To mail via any other courier, use the Docket Numbers: EC21–69–000. operation of Rule 214(c)(1). Motions to following address: Kimberly D. Bose, Applicants: Sugar Solar, LLC, PGR intervene that are filed after the Secretary, Federal Energy Regulatory 2020 Lessee 8, LLC. intervention deadline are untimely and Commission, 12225 Wilkins Avenue, Description: Application for may be denied. Any late-filed motion to Rockville, Maryland 20852. Authorization Under Section 203 of the intervene must show good cause for Protests and motions to intervene Federal Power Act of Sugar Solar, LLC, being late and must explain why the must be served on the applicant either et al. time limitation should be waived and by mail or email (with a link to the Filed Date: 3/29/21. provide justification by reference to document) at: blairlichtenwalter@ Accession Number: 20210329–5170. factors set forth in Rule 214(d) of the energytransfer.com, 1300 Main Street, Comments Due: 5 p.m. ET 4/19/21. Commission’s Rules and Regulations. A Houston, Texas 77002. Any subsequent Docket Numbers: EC21–70–000. person obtaining party status will be submissions by an intervenor must be Applicants: Elmwood Park Power, placed on the service list maintained by served on the applicant and all other LLC. parties to the proceeding. Contact Description: Application for 3 18 CFR 157.205(e). information for parties can be Authorization Under Section 203 of the 4 18 CFR 385.214. downloaded from the service list at the Federal Power Act of Elmwood Park 5 18 CFR 157.10. eService link on FERC Online. Power, LLC.
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Filed Date: 3/29/21. Jersey Central Power & Light to be Accession Number: 20210329–5051. Accession Number: 20210329–5174. effective 5/15/2021. Comments Due: 5 p.m. ET 4/19/21. Comments Due: 5 p.m. ET 4/19/21. Filed Date: 3/26/21. Docket Numbers: ER21–1543–000. Take notice that the Commission Accession Number: 20210326–5164. Applicants: Midcontinent received the following electric rate Comments Due: 5 p.m. ET 4/16/21. Independent System Operator, Inc. filings: Docket Numbers: ER21–1535–000. Description: § 205(d) Rate Filing: Docket Numbers: ER11–4351–011. Applicants: PJM Interconnection, 2021–03–29_SA 3408 Ameren Illinois- Applicants: Pinnacle Wind, LLC. L.L.C. Glacier Sands Wind 1st Rev GIA (J1055 Description: Notice of Change in Description: Tariff Cancellation: J1454) to be effective 3/18/2021. Status of Pinnacle Wind, LLC. Notice of Cancellation of ISA Nos. 1405 Filed Date: 3/29/21. Filed Date: 3/26/21. and 3888, and WMPA SA Nos. 2646 and Accession Number: 20210329–5052. Accession Number: 20210326–5199. 1752 to be effective 5/31/2021. Comments Due: 5 p.m. ET 4/19/21. Comments Due: 5 p.m. ET 4/16/21. Filed Date: 3/26/21. Docket Numbers: ER21–1545–000. Docket Numbers: ER13–1430–011. Accession Number: 20210326–5167. Applicants: PJM Interconnection, Applicants: Arlington Valley Solar Comments Due: 5 p.m. ET 4/16/21. L.L.C. Energy II, LLC. Docket Numbers: ER21–1536–000. Description: § 205(d) Rate Filing: Description: Notice of Change in Applicants: California Independent Amendment to WMPA SA No. 5523; Status of Arlington Valley Solar Energy System Operator Corporation. Queue No. AE1–162 to be effective II, LLC. Description: § 205(d) Rate Filing: 10/29/2019. Filed Date: 3/26/21. 2021–03–26 2021 Summer Readiness to Filed Date: 3/29/21. Accession Number: 20210326–5257. be effective 12/31/9998. Accession Number: 20210329–5075. Comments Due: 5 p.m. ET 4/16/21. Filed Date: 3/26/21. Comments Due: 5 p.m. ET 4/19/21. Docket Numbers: ER13–2387–009; Accession Number: 20210326–5168. Docket Numbers: ER21–1546–000. ER15–190–018; ER18–1343–010. Comments Due: 5 p.m. ET 4/16/21. Applicants: DTE Electric Company. Applicants: Duke Energy Florida, Docket Numbers: ER21–1538–000. Description: § 205(d) Rate Filing: LLC, Duke Energy Renewable Services, Applicants: Allegheny Energy Supply Update to Reactive Revenue Volume No. LLC, Carolina Solar Power, LLC. Company, LLC. 5 to be effective 6/1/2021. Description: Notice of Non-Material Description: § 205(d) Rate Filing: Filed Date: 3/29/21. Change in Status of Duke Energy Revisions to Market-Based Rate Tariff of Accession Number: 20210329–5080. Florida, LLC, et. al. AE Supply to be effective 5/15/2021. Comments Due: 5 p.m. ET 4/19/21. Filed Date: 3/26/21. Filed Date: 3/26/21. Docket Numbers: ER21–1547–000. Accession Number: 20210326–5200. Accession Number: 20210326–5170. Applicants: PacifiCorp. Comments Due: 5 p.m. ET 4/16/21. Comments Due: 5 p.m. ET 4/16/21. Description: § 205(d) Rate Filing: Docket Numbers: ER20–1750–004. Docket Numbers: ER21–1539–000. OATT Revised Attachment H–1 (Rev Applicants: Southwest Power Pool, Applicants: PJM Interconnection, Depreciation Rates 2021) to be effective Inc. L.L.C. 6/1/2021. Description: Compliance filing: Description: Tariff Cancellation: Filed Date: 3/29/21. Compliance Filing in Response to Order Notice of Cancellation of ISA Nos. 3468 Accession Number: 20210329–5097. issued in ER20–1750–001 to be effective and 3463 to be effective 6/1/2021. Comments Due: 5 p.m. ET 4/19/21. 7/1/2020. Filed Date: 3/26/21. Docket Numbers: ER21–1548–000. Filed Date: 3/29/21. Accession Number: 20210326–5174. Applicants: Indiana Michigan Power Accession Number: 20210329–5044. Comments Due: 5 p.m. ET 4/16/21. Company, PJM Interconnection, L.L.C. Comments Due: 5 p.m. ET 4/19/21. Docket Numbers: ER21–1540–000. Description: § 205(d) Rate Filing: AEP Docket Numbers: ER21–1532–000. Applicants: Pennsylvania Electric submits I&M & NIPSCO Interconnection Applicants: Quitman II Solar, LLC. Company. Agreement SA No. 1263 to be effective Description: Baseline eTariff Filing: Description: § 205(d) Rate Filing: 3/5/2021. Quitman II Solar, LLC Application for Revisions to Market-Based Rate Tariff of Filed Date: 3/29/21. MBR Authority to be effective Penelec to be effective 5/15/2021. Accession Number: 20210329–5120. 5/26/2021. Filed Date: 3/26/21. Comments Due: 5 p.m. ET 4/19/21. Filed Date: 3/26/21. Accession Number: 20210326–5175. Docket Numbers: ER21–1549–000. Accession Number: 20210326–5154. Comments Due: 5 p.m. ET 4/16/21. Applicants: Southwest Power Pool, Comments Due: 5 p.m. ET 4/16/21. Docket Numbers: ER21–1541–000. Inc. Docket Numbers: ER21–1533–000. Applicants: Solios Power Mid- Description: § 205(d) Rate Filing: Applicants: Monongahela Power Atlantic Virtual LLC. 3620R2 Kansas City Board of Public Company. Description: Tariff Cancellation: Utilities NITSA NOA to be effective Description: § 205(d) Rate Filing: Notice of Cancellation of MBR Tariff to 3/1/2021. Revisions to Market-Based Rate Tariff of be effective 3/30/2021. Filed Date: 3/29/21. Monongahela Power to be effective Filed Date: 3/29/21. Accession Number: 20210329–5134. 5/15/2021. Accession Number: 20210329–5000. Comments Due: 5 p.m. ET 4/19/21. Filed Date: 3/26/21. Comments Due: 5 p.m. ET 4/19/21. Docket Numbers: ER21–1550–000. Accession Number: 20210326–5159. Docket Numbers: ER21–1542–000. Applicants: Evergy Kansas Central, Comments Due: 5 p.m. ET 4/16/21. Applicants: Tri-State Generation and Inc. Docket Numbers: ER21–1534–000. Transmission Association, Inc. Description: § 205(d) Rate Filing: Applicants: Jersey Central Power & Description: § 205(d) Rate Filing: Revisions, Full Requirements Electric Light Company. Amendment to Service Agreement No. Service Agreements to be effective Description: § 205(d) Rate Filing: 838 to be effective 3/25/2021. 5/31/2021. Revisions to Market-Based Rate Tariff of Filed Date: 3/29/21. Filed Date: 3/29/21.
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Accession Number: 20210329–5141. Dated: March 29, 2021. (7502P), Office of Pesticide Programs, Comments Due: 5 p.m. ET 4/19/21. Nathaniel J. Davis, Sr., Environmental Protection Agency, 1200 Docket Numbers: ER21–1551–000. Deputy Secretary. Pennsylvania Ave. NW, Washington, DC Applicants: California Independent [FR Doc. 2021–06819 Filed 4–1–21; 8:45 am] 20460–0001; telephone number: (703) System Operator Corporation. BILLING CODE 6717–01–P 347–0367; email address: Description: § 205(d) Rate Filing: [email protected]. 2021–03–29 Resource Adequacy SUPPLEMENTARY INFORMATION: Enhancements Tariff Amendment to be ENVIRONMENTAL PROTECTION effective 6/1/2021. I. General Information Filed Date: 3/29/21. AGENCY Accession Number: 20210329–5191. [EPA–HQ–OPP–2020–0144; FRL–10021–76] A. Does this action apply to me? Comments Due: 5 p.m. ET 4/19/21. This action is directed to the public Docket Numbers: ER21–1552–000. Product Cancellation Order for Certain in general, and may be of interest to a Applicants: Union Electric Company. Pesticide Registrations wide range of stakeholders including Description: § 205(d) Rate Filing: AGENCY: environmental, human health, and Volume No. 1, Market Based Rate Tariff Environmental Protection Agency (EPA). agricultural advocates; the chemical to be effective 3/30/2021. industry; pesticide users; and members Filed Date: 3/29/21. ACTION: Notice. Accession Number: 20210329–5196. of the public interested in the sale, SUMMARY: Comments Due: 5 p.m. ET 4/19/21. This notice announces EPA’s distribution, or use of pesticides. Since order for the cancellations, voluntarily others also may be interested, the Take notice that the Commission requested by the registrants and Agency has not attempted to describe all received the following electric securities accepted by the Agency, of the products the specific entities that may be affected filings: listed in Table 1 of Unit II, pursuant to by this action. Docket Numbers: ES21–34–000. the Federal Insecticide, Fungicide, and Applicants: ISO New England Inc. Rodenticide Act (FIFRA). This B. How can I get copies of this document Description: Application Under cancellation order follows a July 30, and other related information? Section 204 of the Federal Power Act for 2020 Federal Register Notice of Receipt an Order Authorizing Future The docket for this action, identified of Requests from the registrants listed in Drawdowns Under Existing Authorized by docket identification (ID) number Table 2 of Unit II to voluntarily cancel Securities of ISO New England Inc. EPA–HQ–OPP–2020–0144, is available Filed Date: 3/26/21. these product registrations. In the July at http://www.regulations.gov or at the Accession Number: 20210326–5148. 30, 2020 notice, EPA indicated that it Office of Pesticide Programs Regulatory Comments Due: 5 p.m. ET 4/16/21. would issue an order implementing the Public Docket (OPP Docket) in the The filings are accessible in the cancellations, unless the Agency Environmental Protection Agency Commission’s eLibrary system (https:// received substantive comments within Docket Center (EPA/DC), West William elibrary.ferc.gov/idmws/search/ the 180-day comment period that would Jefferson Clinton Bldg., Rm. 3334, 1301 fercgensearch.asp) by querying the merit its further review of these Constitution Ave. NW, Washington, DC docket number. requests, or unless the registrants 20460–0001. The Public Reading Room Any person desiring to intervene or withdrew their requests. The Agency is open from 8:30 a.m. to 4:30 p.m., protest in any of the above proceedings received two anonymous public Monday through Friday, excluding legal must file in accordance with Rules 211 comments on the notice, but none holidays. The telephone number for the and 214 of the Commission’s merited its further review of the Public Reading Room is (202) 566–1744, Regulations (18 CFR 385.211 and requests. Further, the registrants did not and the telephone number for the OPP 385.214) on or before 5:00 p.m. Eastern withdraw their requests. Accordingly, Docket is (703) 305–5805. Please review time on the specified comment date. EPA hereby issues in this notice a the visitor instructions and additional Protests may be considered, but cancellation order granting the information about the docket available intervention is necessary to become a requested cancellations. Any at http://www.epa.gov/dockets. distribution, sale, or use of the products party to the proceeding. II. What action is the Agency taking? eFiling is encouraged. More detailed subject to this cancellation order is information relating to filing permitted only in accordance with the This notice announces the requirements, interventions, protests, terms of this order, including any cancellation, as requested by registrants, service, and qualifying facilities filings existing stocks provisions. of products registered under FIFRA can be found at: http://www.ferc.gov/ DATES: The cancellations are applicable section 3 (7 U.S.C. 136a). These docs-filing/efiling/filing-req.pdf. For April 2, 2021. registrations are listed in sequence by other information, call (866) 208–3676 FOR FURTHER INFORMATION CONTACT: registration number in Table 1 of this (toll free). For TTY, call (202) 502–8659. Christopher Green, Registration Division unit.
TABLE 1—PRODUCT CANCELLATIONS
Registration No. Company No. Product name Active ingredients
228–619 ...... 228 NuFarm Sethoxydim SPC Herbicide ...... Sethoxydim. 1258–1265 ...... 1258 Baquacil Ultra Swimming Pool Sanitizer & Fungicide Poly(iminoimidocarbonyliminoimidocarbony liminohexamethylene) hydrochloride. 62719–397 ...... 62719 Kerb 50–W...... Propyzamide. CA–960008 ...... 62719 Kerb 50W Herbicide in WSP ...... Propyzamide. FL–910007 ...... 62719 Kerb 50W Herbicide ...... Propyzamide. ID–020020 ...... 62719 Kerb 50W Herbicide in WSP ...... Propyzamide.
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Table 2 of this unit includes the this unit, in sequence by EPA company numbers of the products listed in Table names and addresses of record for all number. This number corresponds to 1 of this unit. registrants of the products in Table 1 of the first part of the EPA registration
TABLE 2—REGISTRANTS OF CANCELLED PRODUCTS
EPA company No. Company name and address
228 ...... NuFarm Americas, Inc., 4020 Aerial Center Pkwy., Ste. 101, Morrisville, NC 27560. 1258 ...... Arch Chemicals, Inc., 1200 Bluegrass Lakes Parkway, Alpharetta, GA 30004. 62719 ...... Dow Agrosciences, LLC, 9330 Zionsville Rd., 308/2E, Indianapolis, IN 46268–1054.
III. Summary of Public Comments which were packaged, labeled, and cdxnodengn.epa.gov/cdx-enepa-public/ Received and Agency Response to released for shipment prior to the action/eis/search. Comments applicable date of the cancellation EIS No. 20210038, Draft, WAPA, WY, The Agency received two anonymous action. The existing stocks provisions Rail Tie Wind Project, Comment public comments on the notice. For for the products subject to this order are Period Ends: 05/17/2021, Contact: these reasons, the Agency does not as follows. Mark Wieringa 720–962–7448. The registrants may continue to sell believe that the comments submitted Dated: March 29, 2021. during the comment period merit and distribute existing stocks of products listed in Table 1 of Unit II Cindy S. Barger, further review or a denial of the requests Director, NEPA Compliance Division, Office for voluntary cancellation. until April 4, 2022, which is 1 year after the publication of the Cancellation of Federal Activities. IV. Cancellation Order Order in the Federal Register. [FR Doc. 2021–06822 Filed 4–1–21; 8:45 am] Pursuant to FIFRA section 6(f) (7 Thereafter, the registrants are prohibited BILLING CODE 6560–50–P U.S.C. 136d(f)), EPA hereby approves from selling or distributing products the requested cancellations of the listed in Table 1, except for export in ENVIRONMENTAL PROTECTION registrations identified in Table 1 of accordance with FIFRA section 17 (7 AGENCY Unit II. Accordingly, the Agency hereby U.S.C. 136o), or proper disposal. orders that the product registrations Persons other than the registrants may [EPA–HQ–OAR–2009–0022; FRL—10022– identified in Table 1 of Unit II are sell, distribute, or use existing stocks of 23–OAR] canceled. The applicable date of the products listed in Table 1 of Unit II cancellations that are the subject of this until existing stocks are exhausted, Proposed Information Collection notice is April 2, 2021. Any provided that such sale, distribution, or Request; Comment Request; Acid Rain distribution, sale, or use of existing use is consistent with the terms of the Program (Renewal) stocks of the products identified in previously approved labeling on, or that AGENCY: Environmental Protection Table 1 of Unit II in a manner accompanied, the canceled products. Agency (EPA). inconsistent with any of the provisions Authority: 7 U.S.C. 136 et seq. ACTION: Notice. for disposition of existing stocks set Dated: March 26, 2021. forth in Unit VI will be a violation of SUMMARY: Marietta Echeverria, The Environmental Protection FIFRA. Agency (EPA) is planning to submit an Acting Director, Registration Division, Office V. What is the Agency’s authority for of Pesticide Programs. information collection request (ICR), taking this action? ‘‘Acid Rain Program (Renewal)’’ (EPA [FR Doc. 2021–06808 Filed 4–1–21; 8:45 am] ICR No. 1633.18, OMB Control No. Section 6(f)(1) of FIFRA (7 U.S.C. BILLING CODE 6560–50–P 2060–0258) to the Office of Management 136d(f)(1)) provides that a registrant of and Budget (OMB) for review and a pesticide product may at any time approval in accordance with the request that any of its pesticide ENVIRONMENTAL PROTECTION AGENCY Paperwork Reduction Act. Before doing registrations be canceled or amended to so, EPA is soliciting public comments terminate one or more uses. FIFRA on specific aspects of the proposed further provides that, before acting on [ER–FRL–9055–9] information collection as described the request, EPA must publish a notice below. This is a proposed extension of of receipt of any such request in the Environmental Impact Statements; Notice of Availability the ICR, which is currently approved Federal Register. Thereafter, following through December 31, 2021. An Agency the public comment period, the EPA Responsible Agency: Office of Federal may not conduct or sponsor and a Administrator may approve such a Activities, General Information 202– person is not required to respond to a request. The notice of receipt for this 564–5632 or https://www.epa.gov/nepa. collection of information unless it action was published for comment in Weekly receipt of Environmental Impact displays a currently valid OMB control the Federal Register of July 30, 2020 (85 number. FR 45881) (FRL–10012–41). The Statements (EIS) comment period closed on January 26, Filed March 22, 2021 10 a.m. EST DATES: Comments must be submitted on 2021. Through March 29, 2021 10 a.m. EST or before June 1, 2021. Pursuant to 40 CFR 1506.9. ADDRESSES: Submit your comments, VI. Provisions for Disposition of Notice: Section 309(a) of the Clean Air referencing Docket ID No. EPA–HQ– Existing Stocks Act requires that EPA make public its OAR–2009–0022, online using Existing stocks are those stocks of comments on EISs issued by other www.regulations.gov (our preferred registered pesticide products which are Federal agencies. EPA’s comment letters method), by email to a-and-r-Docket@ currently in the United States and on EISs are available at: https:// epa.gov, or by mail to: EPA Docket
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Center, Environmental Protection Abstract: The Acid Rain Program was submissions, expected opt-in sources, Agency, Mail Code 28221T, 1200 established under Title IV of the 1990 and allowance auction bids. Pennsylvania Ave. NW, Washington, DC Clean Air Act Amendments to address Reid P. Harvey, 20460. acid deposition by reducing emissions Director, Clean Air Markets Division, Office EPA’s policy is that all comments of sulfur dioxide (SO2) and nitrogen of Atmospheric Programs, Office of Air and received will be included in the public oxides (NOX). This information Radiation. docket without change including any collection extension is necessary to [FR Doc. 2021–06864 Filed 4–1–21; 8:45 am] personal information provided, unless continue implementation of the Acid BILLING CODE 6560–50–P the comment includes profanity, threats, Rain Program. It includes burden and information claimed to be Confidential costs associated with developing and Business Information (CBI) or other modifying permits, complying with ENVIRONMENTAL PROTECTION information whose disclosure is NOX permitting requirements, AGENCY restricted by statute. monitoring emissions, transferring FOR FURTHER INFORMATION CONTACT: allowances, participating in the annual [EPA–HQ–OPP–2020–0060; FRL–10021–91] Karen VanSickle, Clean Air Markets allowance auctions, and participating in Division, Office of Air and Radiation, the program as an opt-in source. Cancellation Order for Certain (6204M), Environmental Protection Pesticide Registration and Form Numbers: Agent Notice of Amendments To Terminate Uses Agency, 1200 Pennsylvania Ave. NW, Delegation #5900–172, Certificate of Washington, DC 20460; telephone Representation #7610–1, General AGENCY: Environmental Protection number: 202–343–9220; fax number: Account Form #7610–5, Allowance Agency (EPA). 202–343–2361; email address: Transfer Form #7610–6, Retired Unit ACTION: Notice. [email protected]. Exemption #7610–20, Allowance SUPPLEMENTARY INFORMATION: Deduction #7620–4, Acid Rain Permit SUMMARY: This notice announces EPA’s order for the cancellations and Supporting documents which explain in Application #7610–16, Acid Rain NOX detail the information that the EPA will Compliance Plan #7610–28, Acid Rain amendments to terminate uses, voluntarily requested by the registrants be collecting are available in the public NO Averaging Plan #7610–29, New X and accepted by the Agency, of the docket for this ICR. The docket can be Unit Exemption #7610–19, Opt-In products listed in Table 1 and Table 2 viewed online at www.regulations.gov Permit Application #7610–26, Opt-In or in person at the EPA Docket Center, of Unit II, pursuant to the Federal Utilization Report #7620–9. Insecticide, Fungicide, and Rodenticide WJC West, Room 3334, 1301 Respondents/affected entities: Constitution Ave. NW, Washington, DC. Act (FIFRA). This cancellation order Electricity generating plants, industrial The telephone number for the Docket follows a February 10, 2021 Federal sources, and other persons. Center is 202–566–1744. For additional Register Notice of Receipt of Requests information about EPA’s public docket, Respondents’ obligation to respond: from the registrants listed in Table 3 of visit http://www.epa.gov/dockets. Voluntary and mandatory (Clean Air Unit II to voluntarily cancel and amend Pursuant to section 3506(c)(2)(A) of Act sections 403, 407, 408, 410, 412, to terminate uses of these product the PRA, EPA is soliciting comments and 416). registrations. In the February 10, 2021 notice, EPA indicated that it would and information to enable it to: (i) Estimated number of respondents: issue an order implementing the Evaluate whether the proposed 1,219 (total); includes 1,169 sources and collection of information is necessary cancellations and amendments to 50 non-source entities participating in terminate uses, unless the Agency for the proper performance of the allowance trading activities. functions of the Agency, including received substantive comments within Frequency of response: On occasion, whether the information will have the 30-day comment period that would practical utility; (ii) evaluate the quarterly, and annually. merit its further review of these accuracy of the Agency’s estimate of the Total estimated burden: 1,826,133 requests, or unless the registrants burden of the proposed collection of hours (per year). Burden is defined at 5 withdrew their requests. The Agency information, including the validity of CFR 1320.03(b). received three comments on the notice, the methodology and assumptions used; but none merited its further review of Total estimated cost: $276,811,849 the requests. Further, the registrants did (iii) enhance the quality, utility, and (per year); includes $129,450,755 clarity of the information to be not withdraw their requests. annualized capital or operation & Accordingly, EPA hereby issues in this collected; and (iv) minimize the burden maintenance costs. of the collection of information on those notice a cancellation order granting the who are to respond, including through Changes in Estimates: There is a requested cancellations and the use of appropriate automated decrease of 47,747 hours in the total amendments to terminate uses. Any electronic, mechanical, or other estimated respondent burden compared distribution, sale, or use of the products technological collection techniques or with the ICR currently approved by subject to this cancellation order is other forms of information technology, OMB. The decrease is principally due to permitted only in accordance with the e.g., permitting electronic submission of source retirements, which have both terms of this order, including any responses. EPA will consider the reduced the estimated overall number of existing stocks provisions. comments received and amend the ICR affected sources and shifted the DATES: The cancellations and as appropriate. The final ICR package estimated mix of monitoring amendments are effective April 2, 2021. will then be submitted to OMB for methodologies used. The other factors FOR FURTHER INFORMATION CONTACT: review and approval. At that time, EPA contributing to the decrease in burden Christopher Green, Registration Division will issue another Federal Register are reductions in the estimated numbers (7502P), Office of Pesticide Programs, notice to announce the submission of of allowance transfer and deduction Environmental Protection Agency, 1200 the ICR to OMB and the opportunity to Pennsylvania Ave. NW, Washington, DC submit additional comments to OMB. 20460–0001; telephone number: (703)
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347–0367; email address: the specific entities that may be affected holidays. The telephone number for the [email protected]. by this action. Public Reading Room is (202) 566–1744, and the telephone number for the OPP SUPPLEMENTARY INFORMATION: B. How can I get copies of this document and other related information? Docket is (703) 305–5805. Please review I. General Information the visitor instructions and additional The docket for this action, identified information about the docket available A. Does this action apply to me? by docket identification (ID) number at http://www.epa.gov/dockets. EPA–HQ–OPP–2020–0060, is available This action is directed to the public at http://www.regulations.gov or at the II. What action is the Agency taking? in general and may be of interest to a Office of Pesticide Programs Regulatory wide range of stakeholders including Public Docket (OPP Docket) in the This notice announces the environmental, human health, and Environmental Protection Agency cancellations and amendments to agricultural advocates; the chemical Docket Center (EPA/DC), West William terminate uses, as requested by industry; pesticide users; and members Jefferson Clinton Bldg., Rm. 3334, 1301 registrants, of products registered under of the public interested in the sale, Constitution Ave. NW, Washington, DC FIFRA section 3 (7 U.S.C. 136a). These distribution, or use of pesticides. Since 20460–0001. The Public Reading Room registrations are listed in sequence by others also may be interested, the is open from 8:30 a.m. to 4:30 p.m., registration number in Tables 1 and 2 of Agency has not attempted to describe all Monday through Friday, excluding legal this unit.
TABLE 1—PRODUCT CANCELLATIONS
Registration Company No. Product name Active ingredients No.
106–44 ...... 106 ...... Brulin CDQ ...... Alkyl* dimethyl benzyl ammonium chloride *(60%C14, 30%C16, 5%C18, 5%C12) & Alkyl* dimethyl ethyl- benzyl ammonium chloride *(68%C12, 32%C14). 228–688 ...... 228 ...... NuFarm Chlormequat Pro Plant Growth Regulator (Ac- Chlormequat chloride. tive); NuFarm Chlormequat SPC Plant Growth (Al- ternate). 241–260 ...... 241 ...... Amdro Granular Insecticide ...... Hydramethylnon. 241–261 ...... 241 ...... Amdro 20 Fireant Insecticide ...... Hydramethylnon. 241–371 ...... 241 ...... Sensible Termiticide Bait ...... Hydramethylnon. 279–3615 ...... 279 ...... F4189-1 ...... Thiamethoxam; Metalaxyl-M; Difenoconazole; Tebuconazole & Thiophanate-methyl. 352–832 ...... 352 ...... Dupont DPX-B2856 3.0 Herbicide ...... Glyphosate-isopropylammonium. 499–530 ...... 499 ...... TC-250 ...... Hydramethylnon. 1007–99 ...... 1007 ...... Nolvasan Solution ...... Chlorhexidine diacetate. 1007–100 ...... 1007 ...... Fort Dodge Nolvasan S (Active); Nolvasan S (Alter- Chlorhexidine diacetate. nate). 1007–101 ...... 1007 ...... Chlorhexidine Diacetate ...... Chlorhexidine diacetate. 1043–87 ...... 1043 ...... Vesphene II Se ...... 4-tert-Amylphenol & o-Phenylphenol (NO INERT USE). 1043–91 ...... 1043 ...... LPH Master Product ...... 4-tert-Amylphenol & o-Phenylphenol (NO INERT USE). 1043–92 ...... 1043 ...... LPH SE ...... 4-tert-Amylphenol & o-Phenylphenol (NO INERT USE). 1258–997 ...... 1258 ...... Pace Pool Chlorinating Type E Cartridge ...... Trichloro-s-triazinetrione. 1258–1083 .... 1258 ...... Constant Chlor Universal Refillable Cartridge for Float- Trichloro-s-triazinetrione. ers and Feeder. 1258–1133 .... 1258 ...... Pace Disposable Floating Cartridge ...... Trichloro-s-triazinetrione. 1258–1271 .... 1258 ...... Pool Breeze Pool Care System 3’’ Chlorinating Tab- Trichloro-s-triazinetrione. lets. 1258–1282 .... 1258 ...... Pool Breeze Pool Care System 1’’ Chlorinating Tab- Trichloro-s-triazinetrione. lets. 1381–213 ...... 1381 ...... Daze 50WP ...... Thidiazuron. 1448–428 ...... 1448 ...... GBCH ...... 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl- . 2693–46 ...... 2693 ...... Mil-P-15931B Formula 121/63 Antifouling Paint Vinyl Cuprous oxide. Red. 2693–56 ...... 2693 ...... Mil-P-16189B Formula 129/63 Antifouling Paint, Vinyl Cuprous oxide. Black. 6836–202 ...... 6836 ...... Barquat MM-45 ...... Alkyl* dimethyl benzyl ammonium chloride *(100% C14). 7364–43 ...... 7364 ...... Chlorination Tablets Float Canister ...... Trichloro-s-triazinetrione. 7364–44 ...... 7364 ...... Tabex Chlorination Tablets Feeder Canister ...... Trichloro-s-triazinetrione. 7364–49 ...... 7364 ...... Tabex Replacement Chlorinating Canister ...... Trichloro-s-triazinetrione. 9688–286 ...... 9688 ...... Chemsico Brush Killer Concentrate II ...... 2,4-D, 2-ethylhexyl ester; Dicamba & 2,4-DP-p, 2- ethylhexyl ester. 10807–177 .... 10807 ...... Misty II Disinfectant & Deodorant ...... Ethanol; 4-tert-Amylphenol & o-Phenylphenol (NO INERT USE). 35935–62 ...... 35935 ...... ET-012 (Active); Chlormequat Chloride Technical (Al- Chlormequat chloride. ternate). 35935–114 .... 35935 ...... Imazethapyr Technical ...... Imazethapyr.
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TABLE 1—PRODUCT CANCELLATIONS—Continued
Registration No. Company No. Product name Active ingredients
52287–15 ...... 52287 ...... Harrell’s Granular Herbicide 75 ...... Trifluralin & Oxyfluorfen. 55146–42 ...... 55146 ...... Algae-RHAP CU-7 Liquid Copper Algaecide ...... Copper sulfate pentahydrate. 55146–72 ...... 55146 ...... Agri Tin Agricultural Fungicide ...... Fentin hydroxide. 62719–322 .... 62719 ...... NAF-545 ...... Glyphosate-isopropylammonium. 62719–323 .... 62719 ...... Glyphomax ...... Glyphosate-isopropylammonium. 62719–345 .... 62719 ...... Erase Blue ...... Glyphosate-isopropylammonium. 62719–361 .... 62719 ...... Glyphosate 18% Concentrate Grass and Weed Killer Glyphosate-isopropylammonium. 62719–362 .... 62719 ...... Glyphosate 0.96% RTU ...... Glyphosate-isopropylammonium. 62719–366 .... 62719 ...... Glymix MT ...... 2,4–D, isopropylamine salt & Glyphosate- isopropylammonium. 62719–448 .... 62719 ...... Rawhide 4F Herbicide ...... Glyphosate-isopropylammonium & Oxyfluorfen. 62719–481 .... 62719 ...... Glyphosate 1.92% RTU ...... Glyphosate-isopropylammonium. 62719–495 .... 62719 ...... Glyphosate 41% Concentrate ...... Glyphosate-isopropylammonium. 62719–496 .... 62719 ...... GF-887 ...... Glyphosate-isopropylammonium. 62719–509 .... 62719 ...... GF-772 ...... Glyphosate-isopropylammonium. 62719–517 .... 62719 ...... GF-1279 ...... Glyphosate-isopropylammonium. 62719–614 .... 62719 ...... Firststep Herbicide Tank Mix ...... Glycine, N-(phosphonomethyl)-, compd. with N- methylmethanamine (1:1) & Florasulam. 62719–673 .... 62719 ...... GF-2726 SR ...... Glycine, N-(phosphonomethyl)-, compd. with N- methylmethanamine (1:1) & 2,4-D, Choline salt. 66570–2 ...... 66570 ...... Effersan ...... Sodium dichloro-s-triazinetrione. 67543–7 ...... 67543 ...... Super KL ...... Cuprous oxide. 70644–8 ...... 70644 ...... Bio-Blast Biological Termiticide ...... Metarhizium anisopliae Strain ESF1. 75801–1 ...... 75801 ...... Spot-Less Biofungicide ...... Pseudomonas aureofaciens strain Tx-1. 87290–3 ...... 87290 ...... Willowood Pronamide 50WSP ...... Propyzamide. 94483–1 ...... 94483 ...... Lment Mesotrione Technical ...... Mesotrione. AZ–150001 .... 8033 ...... Assail 70WP Insecticide ...... Acetamiprid. AZ–170004 .... 70506 ...... Assail 30 SG Insecticide ...... Acetamiprid.
TABLE 2—PRODUCT REGISTRATION AMENDMENTS TO TERMINATE USES
Registration No. Company No. Product name Active ingredient Uses to be terminated
1448–29 ...... 1448 ...... TCMTB ...... 2-(Thiocyanomethylthio)benzothiazole ...... Seed treatment. 1448–403 ...... 1448 ...... TCMTB 150 ...... 2-(Thiocyanomethylthio)benzothiazole ...... Seed treatment. 1448–405 ...... 1448 ...... TCMTB-DM ...... 2-(Thiocyanomethylthio)benzothiazole ...... Seed treatment. 40230–1 ...... 40230 ...... Galltrol-A ...... Agrobacterium radiobacter (strain K84) ...... Grapes. 64405–29 ...... 64405 ...... Copper 8-Quinolinolate ...... Copper, bis(8-quinolinolato-N1,O8)-, ...... In-can paint preservative.
Table 3 of this unit includes the and 2 of this unit, in sequence by EPA registration numbers of the products names and addresses of record for all company number. This number listed above. registrants of the products in Tables 1 corresponds to the first part of the EPA
TABLE 3—REGISTRANTS OF CANCELLED AND AMENDED PRODUCTS
EPA company No. Company name and address
106 ...... Brulin & Company, Inc., P.O. Box 270, Indianapolis, IN 46206. 228 ...... NuFarm Americas, Inc., 4020 Aerial Center Pkwy., Ste. 101, Morrisville, NC 27560. 241 ...... BASF Corporation, 26 Davis Drive, P.O. Box 13528, Research Triangle Park, NC 27709–3528. 279 ...... FMC Corporation, 2929 Walnut Street, Philadelphia, PA 19104. 352 ...... E.I. Du Pont De Nemours and Company, 9330 Zionsville Road, Indianapolis, IN 46268. 499 ...... BASF Corporation, 26 Davis Drive, P.O. Box 13528, Research Triangle Park, NC 27709–3528. 1007 ...... Zoetis, Inc., 333 Portage Street, Kalamazoo, MI 49007–4931. 1043 ...... Steris Corporation, P.O. Box 147, St. Louis, MO 63166–0147. 1258 ...... Arch Chemicals, Inc., 1200 Bluegrass Lakes Parkway, Alpharetta, GA 30004. 1381 ...... Winfield Solutions, LLC, P.O. Box 64589, St. Paul, MN 55164–0589. 1448 ...... Buckman Laboratories, Inc., 1256 North Mclean Blvd, Memphis, TN 38108. 2693 ...... International Paint, LLC, 6001 Antoine Drive, Houston, TX 77091. 6836 ...... Lonza, LLC, 412 Mount Kemble Avenue, Suite 200S, Morristown, NJ 07960. 7364 ...... Innovative Water Care, LLC, d/b/a GLB Pool & Spa, 1400 Bluegrass Lakes Parkway, Alpharetta, GA 30004. 8033 ...... Nippon Soda Co., Ltd., Agent Name: Nisso America, Inc., 379 Thornall Street, 5th Floor, Edison, NJ 08837. 9688 ...... Chemsico, A Division of United Industries Corp., P.O. Box 142642, St. Louis, MO 63114–0642. 10807 ...... AMREP, Inc., Agent Name: Zep, Inc. c/o Compliance Services, 3330 Cumberland Blvd., Suite 700, Atlanta, GA 30339. 35935 ...... NuFarm Limited, Agent Name: NuFarm Americas, Inc., 4020 Aerial Center Pkwy., Ste 101, Morrisville, NC 27560. 40230 ...... AgBiochem, Inc., 3750 North 1020 East, Provo, UT 84604.
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TABLE 3—REGISTRANTS OF CANCELLED AND AMENDED PRODUCTS—Continued
EPA company No. Company name and address
52287 ...... Harrell’s, LLC, P.O. Box 807, Lakeland, FL 33802. 55146 ...... NuFarm Americas, Inc., AGT Division, 4020 Aerial Center Pkwy., Suite 101, Morrisville, NC 27560. 62719 ...... Dow AgroSciences, LLC, 9330 Zionsville Road, Indianapolis, IN 46268. 64405 ...... Nisus Corporation, Attn: Regulatory Affairs, 100 Nisus Drive, Rockford, TN 37853–3069. 66570 ...... Activon, Inc., Agent Name: Scientific & Regulatory Consultants, Inc., 201 W. Van Buren Street, Columbia City, IN 46725. 67543 ...... International Paint, LLC, 6001 Antoine Drive, Houston, TX 77091. 70506 ...... UPL NA, Inc., 630 Freedom Business Center, Suite 402, King of Prussia, PA 19406. 70644 ...... Lidochem, Inc., Agent Name: RegWest Company, LLC, 8209 West 20th Street, Suite B, Greeley, CO 80634–4699. 75801 ...... Turf Science Laboratories, Inc., International Pest & Vegetative Management, P.O. Box 462785, Escondido, CA 92046. 87290 ...... Willowood, LLC, c/o Generic Crop Science, LLC, 1887 Whitney Messa Drive, #9740, Henderson, NV 89014–2069. 94483 ...... LMENT, LLC, Agent Name: Wagner Regulatory Associates, Inc., 7217 Lancaster Pike, Suite A, P.O. Box 640, Hockessin, DE 19707–0640.
III. Summary of Public Comments 2021 (86 FR 8902) (FRL–10016–15). The previously approved labeling on, or that Received and Agency Response to comment period closed on March 12, accompanied, the canceled products Comments 2021. and terminated uses. The Agency received one anonymous VI. Provisions for Disposition of Authority: 7 U.S.C. 136 et seq. public comment and two other public Existing Stocks Dated: March 26, 2021. comments on the notice. For these Existing stocks are those stocks of Marietta Echeverria, reasons, the Agency does not believe registered pesticide products which are Acting Director, Registration Division, Office that the comments submitted during the currently in the United States and of Pesticide Programs. comment period merit further review or which were packaged, labeled, and [FR Doc. 2021–06851 Filed 4–1–21; 8:45 am] a denial of the requests for voluntary released for shipment prior to the BILLING CODE 6560–50–P cancellation and use termination. effective date of the action. The existing IV. Cancellation Order stocks provision for the products subject to this order is as follows. ENVIRONMENTAL PROTECTION Pursuant to FIFRA section 6(f) (7 For the voluntary cancellations listed AGENCY U.S.C. 136d(f)(1)), EPA hereby approves in Table 1 of Unit II, the registrants may [EPA–HQ–OPP–2021–0015; FRL–10022–13] the requested cancellations and continue to sell and distribute existing amendments to terminate uses of the stocks of products listed in Table 1 until Product Cancellation Order for Certain registrations identified in Tables 1 and March 31, 2022, which is 1 year after Pesticide Registrations 2 of Unit II. Accordingly, the Agency publication of this cancellation order in hereby orders that the product the Federal Register. Thereafter, the AGENCY: Environmental Protection registrations identified in Tables 1 and registrants are prohibited from selling or Agency (EPA). 2 of Unit II are canceled and amended distributing products listed in Table 1 of ACTION: Notice. to terminate the affected uses. The Unit II, except for export in accordance effective date of the cancellations that with FIFRA section 17 (7 U.S.C. 136o) SUMMARY: This notice announces EPA’s are subject of this notice is April 2, or for proper disposal. order for the cancellations, voluntarily 2021. Any distribution, sale, or use of Now that EPA has approved the requested by the registrants and existing stocks of the products product labels reflecting the requested accepted by the Agency, of the products identified in Tables 1 and 2 of Unit II amendments to terminate, listed in listed in Table 1 of Unit II, pursuant to in a manner inconsistent with any of the Table 2 of Unit II, registrants are the Federal Insecticide, Fungicide, and provisions for disposition of existing permitted to sell or distribute products Rodenticide Act (FIFRA). This stocks set forth in Unit VI will be a listed in Table 2 of Unit II under the cancellation order follows a February violation of FIFRA. previously approved labeling until 17, 2021 Federal Register Notice of Receipt of Requests from the registrants V. What is the Agency’s authority for September 30, 2022, a period of 18 listed in Table 2 of Unit II to voluntarily taking this action? months after publication of the cancellation order in this Federal cancel these product registrations. In the Section 6(f)(1) of FIFRA (7 U.S.C. Register, unless other restrictions have February 17, 2021 notice, EPA indicated 136d(f)(1)) provides that a registrant of been imposed. Thereafter, registrants that it would issue an order a pesticide product may at any time will be prohibited from selling or implementing the cancellations, unless request that any of its pesticide distributing the products whose labels the Agency received substantive registrations be canceled or amended to include the terminated uses identified comments within the 30-day comment terminate one or more uses. FIFRA in Table 2 of Unit II, except for export period that would merit its further further provides that, before acting on consistent with FIFRA section 17 or for review of these requests, or unless the the request, EPA must publish a notice proper disposal. registrants withdrew their requests. The of receipt of any such request in the Persons other than the registrant may Agency received three public comments Federal Register. Thereafter, following sell, distribute, or use existing stocks of on the notice, but none merited its the public comment period, the EPA canceled products and products whose further review of the requests. Further, Administrator may approve such a labels include the terminated uses until the registrant of 70596–9 & 15440–31 request. The notice of receipt for this supplies are exhausted, provided that withdrew their requests for cancellation; action was published for comment in such sale, distribution, or use is therefore, these registrations have been the Federal Register of February 10, consistent with the terms of the removed from this notice. Accordingly,
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EPA hereby issues in this notice a I. General Information Environmental Protection Agency Docket Center (EPA/DC), West William cancellation order granting the A. Does this action apply to me? requested cancellations. Any Jefferson Clinton Bldg., Rm. 3334, 1301 distribution, sale, or use of the products This action is directed to the public Constitution Ave. NW, Washington, DC subject to this cancellation order is in general and may be of interest to a 20460–0001. The Public Reading Room permitted only in accordance with the wide range of stakeholders including is open from 8:30 a.m. to 4:30 p.m., environmental, human health, and terms of this order, including any Monday through Friday, excluding legal agricultural advocates; the chemical existing stocks provisions. holidays. The telephone number for the industry; pesticide users; and members Public Reading Room is (202) 566–1744, DATES: The cancellations are effective of the public interested in the sale, and the telephone number for the OPP April 2, 2021. distribution, or use of pesticides. Since Docket is (703) 305–5805. Please review others also may be interested, the the visitor instructions and additional FOR FURTHER INFORMATION CONTACT: Agency has not attempted to describe all Christopher Green, Registration Division information about the docket available the specific entities that may be affected at http://www.epa.gov/dockets. (7502P), Office of Pesticide Programs, by this action. Environmental Protection Agency, 1200 II. What action is the Agency taking? Pennsylvania Ave. NW, Washington, DC B. How can I get copies of this document 20460–0001; telephone number: (703) and other related information? This notice announces the 347–0367; email address: The docket for this action, identified cancellation, as requested by registrants, [email protected]. by docket identification (ID) number of products registered under FIFRA EPA–HQ–OPP–2021–0015, is available section 3 (7 U.S.C. 136a). These SUPPLEMENTARY INFORMATION: at http://www.regulations.gov or at the registrations are listed in sequence by Office of Pesticide Programs Regulatory registration number in Table 1 of this Public Docket (OPP Docket) in the unit.
TABLE 1—PRODUCT CANCELLATIONS
Registration No. Company No. Product name Active ingredients
228–180 ...... 228 ...... Riverdale 3-Way Weed and Feed with Triamine ...... MCPP-P, DMA salt; 2,4-DP-p, DMA salt & 2,4-D, di- methylamine salt. 228–184 ...... 228 ...... Riverdale Sweet Sixteen Weed and Feed with Tri- MCPP-P, DMA salt; 2,4-DP-p, DMA salt & 2,4-D, di- amine. methylamine salt. 228–210 ...... 228 ...... Triamine Premium Liquid Weed & Feed ...... 2,4-DP-p, DMA salt; 2,4-D, dimethylamine salt & MCPP-P, DMA salt. 228–211 ...... 228 ...... Triamine 3-Way Lawn Weed Killer ...... 2,4-DP-p, DMA salt; 2,4-D, dimethylamine salt & MCPP-P, DMA salt. 228–269 ...... 228 ...... Sweet Sixteen Weed and Feed with Tri-Power (R) ...... Dicamba, dimethylamine salt; MCPA, dimethylamine salt & MCPP-P, DMA salt. 228–270 ...... 228 ...... Riverdale Tri-Power (R) Weed and Feed ...... Dicamba, dimethylamine salt; MCPA, dimethylamine salt & MCPP-P, DMA salt. 228–271 ...... 228 ...... Riverdale Tri-Power (R) Lawn Weed Killer ...... Dicamba, dimethylamine salt; MCPA, dimethylamine salt & MCPP-P, DMA salt. 228–272 ...... 228 ...... Riverdale Tri-Power (R) Spot Weed Killer ...... Dicamba, dimethylamine salt; MCPA, dimethylamine salt & MCPP-P, DMA salt. 228–276 ...... 228 ...... Riverdale Tri-Power (R) Liquid Weed and Feed ...... Dicamba, dimethylamine salt; MCPA, dimethylamine salt & MCPP-P, DMA salt. 228–277 ...... 228 ...... Tri-Power Premium Liquid Weed and Feed ...... Dicamba, dimethylamine salt; MCPA, dimethylamine salt & MCPP-P, DMA salt. 228–278 ...... 228 ...... Riverdale Triamine Premium Granular Weed Killer ...... 2,4-DP-p, DMA salt; 2,4-D, dimethylamine salt & MCPP-P, DMA salt. 228–284 ...... 228 ...... Tri-Power (R) Jet-Spray Spot Weed Killer ...... Dicamba, dimethylamine salt; MCPA, dimethylamine salt & MCPP-P, DMA salt. 228–286 ...... 228 ...... Riverdale Tri-Power L.A. Weed and Feed ...... Dicamba, dimethylamine salt; MCPA, dimethylamine salt & MCPP-P, DMA salt. 228–288 ...... 228 ...... Riverdale Triplet (R) Sensitive ...... MCPP-P, DMA salt; Dicamba, dimethylamine salt & 2,4-D, dimethylamine salt. 228–293 ...... 228 ...... Riverdale Dissolve (R) 4000 Weed and Feed ...... Dimethylamine 2-(2,4-dichlorophenoxy)propionate; 2,4- DP-p, DMA salt & MCPP-P, DMA salt. 228–302 ...... 228 ...... Riverdale Triplet (R) L.A. Selective Herbicide ...... Dicamba, dimethylamine salt; MCPP-P, DMA salt & 2,4-D, dimethylamine salt. 228–303 ...... 228 ...... Tri-Power (R) Granular Weed Killer ...... MCPA, dimethylamine salt; Dicamba, dimethylamine salt & MCPP-P, DMA salt. 228–304 ...... 228 ...... 3-Way Weed and Feed with Tri-Power (R) ...... MCPA, dimethylamine salt; Dicamba, dimethylamine salt & MCPP-P, DMA salt. 228–305 ...... 228 ...... Riverdale Dissolve (R) Granular Weed Killer ...... MCPP-P, DMA salt; 2,4-DP-p, DMA salt & 2,4-D, di- methylamine salt. 228–311 ...... 228 ...... Riverdale Triplet Hi-D Selective Herbicide ...... MCPP-P, DMA salt; Dicamba, dimethylamine salt & 2,4-D, dimethylamine salt. 228–342 ...... 228 ...... Dissolve Premium Granular Weed Killer ...... Dimethylamine 2-(2,4-dichlorophenoxy)propionate; 2,4- DP-p, DMA salt & MCPP-P, DMA salt. 228–348 ...... 228 ...... Dissolve LBN Weed and Feed ...... 2,4-D, dimethylamine salt; 2,4-DP-p, DMA salt & MCPP-P, DMA salt.
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TABLE 1—PRODUCT CANCELLATIONS—Continued
Registration No. Company No. Product name Active ingredients
228–372 ...... 228 ...... Eclipse Selective Herbicide ...... 2,4-DP-p, DMA salt; MCPA, dimethylamine salt & Clopyralid, monoethanolamine salt. 228–489 ...... 228 ...... Triplet Low Odor Premium Lawn Weed Killer Con- Dicamba; 2,4-D, triisopropanolamine salt & MCPP-P, centrate. DMA salt. 228–490 ...... 228 ...... Triplet Low Odor Premium Weed and Feed ...... Dicamba; 2,4-D, triisopropanolamine salt & MCPP-P, DMA salt. 228–492 ...... 228 ...... Triplet Low Odor Premium Granular Weed Killer ...... Dicamba; 2,4-D, triisopropanolamine salt & MCPP-P, DMA salt. 228–493 ...... 228 ...... Triplet Low Odor L.A. Granular Weed Killer ...... Dicamba; 2,4-D, triisopropanolamine salt & MCPP-P, DMA salt. 228- 503 ...... 228 ...... Triplet Low Odor Premium Weed and Feed (18/5) ...... Dicamba; MCPP-P, DMA salt & 2,4-D, triisopropanolamine salt. 228–504 ...... 228 ...... Triplet Low Odor Premium Weed and Feed (20/5) ...... Dicamba; MCPP-P, DMA salt & 2,4-D, triisopropanolamine salt. 228–505 ...... 228 ...... Triplet Low Odor L.A. Premium Weed and Feed (16/5) Dicamba; MCPP-P, DMA salt & 2,4-D, triisopropanolamine salt. 228–506 ...... 228 ...... Triplet Low Odor L.A. Premium Weed and Feed (18/5) Dicamba; MCPP-P, DMA salt & 2,4-D, triisopropanolamine salt. 228–507 ...... 228 ...... Triplet Low Odor L.A. Premium Weed and Feed (20/5) Dicamba; MCPP-P, DMA salt & 2,4-D, triisopropanolamine salt. 228–508 ...... 228 ...... Triplet Low Odor Premium 8000 Lawn Weed Killer Dicamba; 2,4-D, triisopropanolamine salt & MCPP-P, Concentrate. DMA salt. 228–511 ...... 228 ...... Triplet Low Odor Premium Spot Lawn Weed Killer Dicamba; 2,4-D, triisopropanolamine salt & MCPP-P, Ready-To-Spray. DMA salt. 228–593 ...... 228 ...... NUP–08041 Ready-To-Use ...... Pyraflufen-ethyl; Dicamba; MCPP-P, DMA salt & 2,4- D, 2-ethylhexyl ester. 228–712 ...... 228 ...... NUP–08040 Premium 8000 Lawn Weed Killer Con- Pyraflufen-ethyl; Dicamba; MCPP-P, DMA salt & centrate. Isooctyl(2-ethyl-4-methylpentyl) 2,4- dichlorophenoxyacetate. 279–3083 ...... 279 ...... Pounce WSB Insecticide ...... Permethrin. 478–114 ...... 478 ...... Real-Kill Vegetation Killer ...... Diquat dibromide. 499–567 ...... 499 ...... Tygro Mite Fogger ...... Etoxazole. 538–168 ...... 538 ...... Scotts Improved Super Turf Builder Plus 2 ...... 2,4-D & Mecoprop-P. 961–422 ...... 961 ...... Preen Landscape Mulch Plus 3 ...... Bifenthrin; Trifluralin & Isoxaben. 1007–99 ...... 1007 ...... Nolvasan Solution ...... Chlorhexidine diacetate. 1007–100 ...... 1007 ...... Fort Dodge Nolvasan S ...... Chlorhexidine diacetate. 1007–101 ...... 1007 ...... Chlorhexidine Diacetate ...... Chlorhexidine diacetate. 5481–597 ...... 5481 ...... Scepter Herbicide ...... 3-Quinolinecarboxylic acid, 2-(4,5-dihydro-4-methyl-4- (1-methylethyl)-5-oxo-1H-imidazol-2-yl)-, monoammonium salt. 5481–598 ...... 5481 ...... Scepter Herbicide Contains Surfactant ...... 3-Quinolinecarboxylic acid, 2-(4,5-dihydro-4-methyl-4- (1-methylethyl)-5-oxo-1H-imidazol-2-yl)-, monoammonium salt. 5481–601 ...... 5481 ...... Timeout Grass Growth Regulator and Weed Killer ...... 3-Quinolinecarboxylic acid, 2-(4,5-dihydro-4-methyl-4- (1-methylethyl)-5-oxo-1H-imidazol-2-yl)-, monoammonium salt. 5481–603 ...... 5481 ...... Time Out Plus Herbicide ...... 3-Quinolinecarboxylic acid, 2-(4,5-dihydro-4-methyl-4- (1-methylethyl)-5-oxo-1H-imidazol-2-yl)-, monoammonium salt. 5481–604 ...... 5481 ...... Imazaquin/Imazethapyr DG ...... Imazethapyr & Imazaquin. 5481–606 ...... 5481 ...... Backdraft Herbicide ...... Glyphosate-isopropylammonium & Imazaquin. 5481–607 ...... 5481 ...... Backdraft CP Herbicide ...... Imazaquin. 5481–608 ...... 5481 ...... Backdraft SL Herbicide ...... Glyphosate-isopropylammonium & Imazaquin. 7969–268 ...... 7969 ...... Acronis Fungicide Seed Treatment ...... Pyraclostrobin & Thiophanate-methyl. 7969–352 ...... 7969 ...... Xemium 703 Fungicide ST ...... Fluxapyroxad & Pyraclostrobin. 7969–379 ...... 7969 ...... Priaxor Plus Fungicide ...... Cyproconazole; Pyraclostrobin & Fluxapyroxad. 9688–93 ...... 9688 ...... Chemsico Grass & Weed Killer A ...... Diquat dibromide. 9688–188 ...... 9688 ...... Chemsico Herbicide Concentrate DG ...... Diquat dibromide & Glyphosate-isopropylammonium. 9688–191 ...... 9688 ...... Chemsico Herbicide DG RTU ...... Diquat dibromide & Glyphosate-isopropylammonium. 9688–205 ...... 9688 ...... Chemsico Herbicide Concentrate DG II ...... Glyphosate-isopropylammonium & Diquat dibromide. 9688–211 ...... 9688 ...... Chemsico Herbicide Concentrate DT ...... Glyphosate & Diquat dibromide. 9688–213 ...... 9688 ...... Chemsico Herbicide RTU DT ...... Diquat dibromide & Glyphosate. 9688–278 ...... 9688 ...... Chemisco Herbicide Concentrate 1455 ...... Sulfentrazone; Dicamba, dimethylamine salt; MCPP-P, DMA salt & MCPA, dimethylamine salt. 9688–279 ...... 9688 ...... Chemisco RTU Herbicide 1456 ...... Sulfentrazone; Dicamba, dimethylamine salt; MCPP-P, DMA salt & MCPA, dimethylamine salt. 9688–283 ...... 9688 ...... Herbicide Concentrate 4B ...... Fluazifop-P-butyl; Dicamba, dimethylamine salt; Oxyfluorfen & Diquat dibromide. 9688–284 ...... 9688 ...... Chemsico Herbicide RTU 4B ...... Diquat dibromide; Fluazifop-P-butyl; Dicamba, di- methylamine salt & Oxyfluorfen.
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TABLE 1—PRODUCT CANCELLATIONS—Continued
Registration No. Company No. Product name Active ingredients
9688–289 ...... 9688 ...... Chemsico Pesticide Concentrate WI–N ...... 2,4-D, dimethylamine salt; MCPP-P, DMA salt; Dicamba, dimethylamine salt & gamma-Cyhalothrin. 9688–290 ...... 9688 ...... Chemsico Pesticide Concentrate WI–S ...... gamma-Cyhalothrin; Dicamba, dimethylamine salt; 2,4- D, dimethylamine salt & MCPP-P, DMA salt. 9688–310 ...... 9688 ...... Chemsico Pesticide Granules WI–N ...... Dicamba, dimethylamine salt; MCPP-P, DMA salt; 2,4- D, dimethylamine salt & gamma-Cyhalothrin. 9688–311 ...... 9688 ...... Chemsico Pesticide Granules WI–S ...... Dicamba, dimethylamine salt; MCPP-P, DMA salt; 2,4- D, dimethylamine salt & gamma-Cyhalothrin. 10324–57 ...... 10324 ...... Maquat 42 ...... Alkyl* dimethyl benzyl ammonium chloride *(60%C14, 30%C16, 5%C18, 5%C12) & Alkyl* dimethyl ethyl- benzyl ammonium chloride *(68%C12, 32%C14). 10324–71 ...... 10324 ...... Maquat 280 ...... Alkyl* dimethyl benzyl ammonium chloride *(60%C14, 30%C16, 5%C18, 5%C12) & Alkyl* dimethyl ethyl- benzyl ammonium chloride *(68%C12, 32%C14). 10324–158 .... 10324 ...... Maquat 2420 TBD–9 ...... Alkyl* dimethyl benzyl ammonium chloride *(50%C14, 40%C12, 10%C16) & 1-Decanaminium, N-decyl- N,N-dimethyl-, chloride. 10324–160 .... 10324 ...... Maquat 2420 TNT ...... Alkyl* dimethyl benzyl ammonium chloride *(50%C14, 40%C12, 10%C16) & 1-Decanaminium, N-decyl- N,N-dimethyl-, chloride. 10324–164 .... 10324 ...... Maquat 256 PD ...... Alkyl* dimethyl ethylbenzyl ammonium chloride *(68%C12, 32%C14) & Alkyl* dimethyl benzyl am- monium chloride *(60%C14, 30%C16, 5%C18, 5%C12). 10324–176 .... 10324 ...... Maquat 2420 TBD–20 ...... Alkyl* dimethyl benzyl ammonium chloride *(50%C14, 40%C12, 10%C16); 1-Decanaminium, N-decyl-N,N- dimethyl-, chloride & Hydrochloric acid. 34704–927 .... 34704 ...... Chaser Ultra 2 Selective Herbicide ...... 2,4-DP-p, DMA salt; Fluroxypyr-meptyl & MCPA, di- methylamine salt. 42750–354 .... 42750 ...... Cloransulam 84% WDG ...... Cloransulam-methyl. 42750–355 .... 42750 ...... Cloransulam + Sulfentrazone WDG ...... Cloransulam-methyl & Sulfentrazone. 42750–356 .... 42750 ...... Cloransulam-methyl Technical ...... Cloransulam-methyl. 46515–16 ...... 46515 ...... Super K-Gro Vegetation Killer Formula II ...... Diquat dibromide. 46515–32 ...... 46515 ...... Super K-Gro All Purpose Garden Spray ...... Esfenvalerate. 47000–170 .... 47000 ...... Sureco Permethrin RTU Spray ...... Permethrin. 61282–54 ...... 61282 ...... Bioguard GP Disinfectant Sanitizer ...... Alkyl* dimethyl benzyl ammonium chloride *(50%C14, 40%C12, 10%C16). 72726–1 ...... 72726 ...... Poridon ...... Piperonyl butoxide & Permethrin. ID–070001 ..... 10163 ...... Onager Miticide ...... Hexythiazox. ID–080013 ..... 10163 ...... Onager Miticide ...... Hexythiazox. MS–090005 ... 279 ...... Dragnet SFR Insecticide ...... Permethrin. SC–080002 ... 5905 ...... Pounce 3.2 EC Insecticide ...... Permethrin.
Table 2 of this unit includes the this unit, in sequence by EPA company numbers of the products listed in Table names and addresses of record for all number. This number corresponds to 1 of this unit. registrants of the products in Table 1 of the first part of the EPA registration
TABLE 2—REGISTRANTS OF CANCELLED PRODUCTS
EPA Company No. Company name and address
228 ...... NuFarm Americas, Inc., 4020 Aerial Center Pkwy., Ste., 101, Morrisville, NC 27560. 279 ...... FMC Corporation, 2929 Walnut Street, Philadelphia, PA 19104. 478 ...... Realex, Div. of United Industries Corp., P.O. Box 142642, St Louis, MO 631140642. 499 ...... BASF Corporation, 26 Davis Drive, P.O. Box 13528, Research Triangle Park, NC 27709–3528. 538 ...... Scotts Company, The, 14111 Scottslawn Road, Marysville, OH 43041. 961 ...... Lebanon Seaboard Corporation, 1600 East Cumberland Street, Lebanon, PA 17042. 1007 ...... Zoetis, Inc., 333 Portage Street, Kalamazoo, MI 49007–4931. 5481 ...... AMVAC Chemical Corporation, 4695 MacArthur Court, Suite 1200, Newport Beach, CA 92660–1706. 5905 ...... Helena Agri-Enterprises, LLC, D/B/A Helena Chemical Comp, 225 Schilling Blvd., Suite 300, Collierville, TN 38017. 7969 ...... BASF Corporation, 26 Davis Drive, P.O. Box 13528, Research Triangle Park, NC 27709–3528. 9688 ...... Chemsico, A Division of United Industries Corp., P.O. Box 142642, St Louis, MO 63114–0642. 10163 ...... BASF Corporation, 26 Davis Drive, P.O. Box 13528, Research Triangle Park, NC 27709–3528. 10324 ...... Mason Chemical Company, 9075 Centre Pointe Dr., Suite 400, West Chester, OH 45069. 34704 ...... Loveland Products, Inc., P.O. Box 1286, Greeley, CO 80632–1286. 42750 ...... Albaugh, LLC, 1525 NE 36th Street, Ankeny, IA 50021. 46515 ...... Celex, Division of United Industries Corp., P.O. Box 142642, St Louis, MO 63114–0642. 47000 ...... Chem-Tech, Ltd., 620 Lesher Place, Lansing, MI 48912. 61282 ...... Hacco, Inc., 620 Lesher Place, Lansing, MI 48912.
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TABLE 2—REGISTRANTS OF CANCELLED PRODUCTS—Continued
EPA Company No. Company name and address
72726 ...... Neogen Corporation, 620 Lesher Place, Lansing, MI 48912.
III. Summary of Public Comments The existing stocks provisions for the products listed in Table 1, except for Received and Agency Response to products subject to this order are as export in accordance with FIFRA Comments follows. section 17 (7 U.S.C. 136o), or proper disposal. Persons other than the The Agency received three public A. For Products 1007–99, 1007–100 and registrants may sell, distribute, or use comments on the notice. The Agency 1007–101 existing stocks of products listed in does not believe that the comments For products 1007–99, 1007–100 and submitted during the comment period Table 1 of Unit II until existing stocks 1007–101, the registrant has requested are exhausted, provided that such sale, merit further review or a denial of the to sell its existing stocks of requests for voluntary cancellation. distribution, or use is consistent with Chlorhexidine diacetate containing the terms of the previously approved NuFarm Americas, Inc, withdrew their pesticides until May 31, 2021, the two requests, 70596–9 & 15440–31 for labeling on, or that accompanied, the registrants will be permitted to sell and canceled products. cancellation. distribute existing stocks of these Authority: 7 U.S.C. 136 et seq. IV. Cancellation Order voluntarily canceled products until May 31, 2021. Thereafter, registrants will be Dated: March 26, 2021. Pursuant to FIFRA section 6(f) (7 prohibited from selling or distributing Marietta Echeverria, U.S.C. 136d(f)), EPA hereby approves the identified products in Table 1 of Acting Director, Registration Division, Office the requested cancellations of the Unit II, except for export consistent with of Pesticide Programs. registrations identified in Table 1 of FIFRA section 17 (7 U.S.C. 136o) or for [FR Doc. 2021–06845 Filed 4–1–21; 8:45 am] Unit II. Accordingly, the Agency hereby proper disposal. orders that the product registrations BILLING CODE 6560–50–P identified in Table 1 of Unit II are B. For Products 10324–57, 10324–71, canceled. The effective date of the 10324–158, 10324–160, 10324–164, cancellations that are the subject of this 10324–176 FEDERAL COMMUNICATIONS COMMISSION notice is April 2, 2021. Any For products 10324–57, 10324–71, distribution, sale, or use of existing 10324–158, 10324–160, 10324–164, [OMB 3060–0645; FRS 18764] stocks of the products identified in 10324–176, the registrant has requested Table 1 of Unit II in a manner 18-months to sell existing stocks, Information Collection Being inconsistent with any of the provisions registrants will be permitted to sell and Submitted for Review and Approval to for disposition of existing stocks set distribute existing stocks of these Office of Management and Budget forth in Unit VI will be a violation of voluntarily canceled products for 18- AGENCY: Federal Communications FIFRA. months after the effective date of the Commission. cancellation, which will be the date of V. What is the Agency’s authority for ACTION: Notice and request for taking this action? publication of this cancellation order in the Federal Register. comments. Section 6(f)(1) of FIFRA (7 U.S.C. SUMMARY: As part of its continuing effort 136d(f)(1)) provides that a registrant of C. For Product 61282–54 to reduce paperwork burdens, as a pesticide product may at any time For product 61282–54, the registrant required by the Paperwork Reduction request that any of its pesticide has requested 13-months to sell existing Act (PRA) of 1995, the Federal registrations be canceled or amended to stocks, registrants will be permitted to Communications Commission (FCC or terminate one or more uses. FIFRA sell and distribute existing stocks of the the Commission) invites the general further provides that, before acting on voluntarily canceled product for 13- public and other Federal Agencies to the request, EPA must publish a notice months after the effective date of the take this opportunity to comment on the of receipt of any such request in the cancellation, which will be the date of following information collection. Federal Register. Thereafter, following publication of this cancellation order in Pursuant to the Small Business the public comment period, the EPA the Federal Register. Thereafter, Paperwork Relief Act of 2002, the FCC Administrator may approve such a registrants will be prohibited from seeks specific comment on how it can request. The notice of receipt for this selling or distributing these products further reduce the information action was published for comment in identified in Table 1 of Unit II, except collection burden for small business the Federal Register of February 17, for export consistent with FIFRA section concerns with fewer than 25 employees. 2021 (86 FR 9931) (FRL–10019–58). The 17 (7 U.S.C. 136o) or for proper comment period closed on March 19, disposal. DATES: Written comments and 2021. For all other voluntary product recommendations for the proposed cancellations listed in Table 1 of Unit II, information collection should be VI. Provisions for Disposition of the registrants may continue to sell and submitted on or before May 3, 2021. Existing Stocks distribute existing stocks of these other ADDRESSES: Comments should be sent to Existing stocks are those stocks of products listed in Table 1 of Unit II www.reginfo.gov/public/do/PRAMain. registered pesticide products which are until April 4, 2022, which is 1 year after Find this particular information currently in the United States and the publication of the Cancellation collection by selecting ‘‘Currently under which were packaged, labeled, and Order in the Federal Register. 30-day Review—Open for Public released for shipment prior to the Thereafter, the registrants are prohibited Comments’’ or by using the search effective date of the cancellation action. from selling or distributing the other function. Your comment must be
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submitted into www.reginfo.gov per the 2002, Public Law 107–198, see 44 U.S.C. Commission. Section 17.4(f) provides above instructions for it to be 3506(c)(4), the FCC seeks specific that antenna structure owners shall considered. In addition to submitting in comment on how it might ‘‘further immediately provide to all tenant www.reginfo.gov also send a copy of reduce the information collection licensees and permittees notification your comment on the proposed burden for small business concerns with that the structure has been registered. information collection to Cathy fewer than 25 employees.’’ This may be done by providing either a Williams, FCC, via email to PRA@ OMB Control Number: 3060–0645. copy of Form 854 or a link to the FCC fcc.gov and to [email protected]. Title: Sections 17.4, 17.48 and 17.49, antenna structure registration website. Include in the comments the OMB Antenna Structure Registration This notification may be done control number as shown in the Requirements. electronically or via paper mail. SUPPLEMENTARY INFORMATION below. Form Number: N/A. Section 17.4(g) requires antenna FOR FURTHER INFORMATION CONTACT: For Type of Review: Extension of a structure owners to display the Antenna additional information or copies of the currently approved collection. Structure Registration Number in a information collection, contact Cathy Respondents: Business or other for- conspicuous place that is readily visible Williams at (202) 418–2918. To view a profit entities, not-for-profit institutions near the base of the antenna. This rule copy of this information collection and state, local or tribal government. specifically requires that the Antenna Number of Respondents: 16,050 request (ICR) submitted to OMB: (1) Go Structure Number be displayed so that respondents; 69,716 responses. to the web page http://www.reginfo.gov/ it is conspicuously visible and legible Estimated Time per Response: .1–.25 public/do/PRAMain, (2) look for the from the publicly accessible area nearest hours. the base of the antenna structure along section of the web page called Frequency of Response: On occasion the publicly accessible roadway or path. ‘‘Currently Under Review,’’ (3) click on reporting requirement, recordkeeping Where an antenna structure is the downward-pointing arrow in the requirement and third-party disclosure surrounded by a perimeter fence, or ‘‘Select Agency’’ box below the requirement. ‘‘Currently Under Review’’ heading, (4) Obligation to Respond: Required to where the point of access includes an select ‘‘Federal Communications obtain or retain benefits. Statutory access gate, the Antenna Structure Commission’’ from the list of agencies authority for this information collection Registration Number should be posted presented in the ‘‘Select Agency’’ box, is contained in Sections 4, 303, 48 Stat. on the perimeter fence or access gate. (5) click the ‘‘Submit’’ button to the 1066, 1082, as amended; 47 U.S.C. 154, Where multiple antenna structures right of the ‘‘Select Agency’’ box, (6) 303. having separate Antenna Structure when the list of FCC ICRs currently Total Annual Burden: 9,889 hours. Registration Numbers are located within under review appears, look for the Title Total Annual Cost: $59,460. a single fenced area, the Antenna of this ICR and then click on the ICR Privacy Impact Assessment: No Structure Registration Numbers must be Reference Number. A copy of the FCC impact(s). posted both on the perimeter fence or submission to OMB will be displayed. Nature and Extent of Confidentiality: access gate and near the base of each SUPPLEMENTARY INFORMATION: The There is no need for confidentiality. antenna structure. If the base of the Commission may not conduct or However, respondents may request antenna structure has more than one sponsor a collection of information materials or information submitted to point of access, the rule requires that the unless it displays a currently valid the Commission be withheld from Antenna Structure Registration Number Office of Management and Budget public inspection under 47 CFR 0.459 of be posted so that it is visible at the (OMB) control number. No person shall the Commission’s rules. publicly accessible area nearest each be subject to any penalty for failing to Needs and Uses: The Commission is such point of access. The registration comply with a collection of information seeking Office of Management and number is issued to identify antenna subject to the PRA that does not display Budget (OMB) approval for an extension structure owners in order to enforce the a valid OMB control number. of this information collection in order to Congressionally mandated provisions As part of its continuing effort to obtain the full three-year approval. The related to the owners. reduce paperwork burdens, as required Commission has adjusted its burden and Sections 17.48 and 17.49 contain by the Paperwork Reduction Act (PRA) cost estimates in order to update the reporting and recordkeeping of 1995 (44 U.S.C. 3501–3520), the FCC collection burdens necessary to requirements. Section 17.48(a) requires invited the general public and other implement a uniform registration that antenna structure owners Federal Agencies to take this process as well as safe and effective immediately report outages of top opportunity to comment on the lighting procedures for owners of steady burning lights or flashing following information collection. antenna structures. antenna structure lights to the FAA, if Comments are requested concerning: (a) Section 17.4 includes third party not corrected within 30 minutes. Upon Whether the proposed collection of disclosure requirements. Specifically, receipt of the outage notification, the information is necessary for the proper Section 17.4 requires the owner of any FAA will issue a Notice to Airmen performance of the functions of the proposed or existing antenna structure (NOTAM), which notifies aircraft of the Commission, including whether the that requires notice of proposed outage. Consistent with FAA information shall have practical utility; construction to the Federal Aviation requirements, if a lighting outage cannot (b) the accuracy of the Commission’s Administration (FAA) to register the be repaired within the FAA’s original burden estimates; (c) ways to enhance structure with the Commission. This NOTAM period, Section 17.48(a) further the quality, utility, and clarity of the includes those structures used as part of requires the antenna structure owner to information collected; and (d) ways to the stations licensed by the Commission notify the FAA of that fact and provide minimize the burden of the collection of for the transmission of radio energy, or any needed updates to its estimated information on the respondents, to be used as part of a cable television return-to-service date. The rule also including the use of automated head-end system. If a Federal requires antenna structure owners to collection techniques or other forms of Government antenna structure is to be continue to provide these updates to the information technology. Pursuant to the used by a Commission licensee, the FAA every NOTAM period until its Small Business Paperwork Relief Act of structure must be registered with the lights are repaired.
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Section 17.49 requires antenna discounted broadband service and one- community-based organizations, USAC, structure owners to maintain a record of time co-pay for a connected device and the Commission.’’ 31 FCC Rcd observed or otherwise known (laptop, desktop computer or tablet). 3962, 4006, para. 126. To help extinguishments or improper This program was created specifically to determine whether Lifeline applicants functioning of structure lights for two assist American families’ access to and subscribers are eligible for Lifeline years and provide the records to the broadband, which has proven to be benefits, the Order contemplates that Commission upon request. essential for work, school, and the USAC-operated LED will Federal Communications Commission. healthcare during the public health communicate with information systems emergency that exists as a result of Marlene Dortch, and databases operated by other Federal COVID–19. A household may qualify for and State agencies. Id. at 4011–2, paras. Secretary, Office of the Secretary. the EBBP benefit under various criteria, 135–7. [FR Doc. 2021–06860 Filed 4–1–21; 8:45 am] including an individual qualifying for The Consolidated Appropriations Act BILLING CODE 6712–01–P the FCC’s Lifeline program. of 2021 directs the FCC to leverage the In a Report and Order adopted on National Verifier to verify applicants’ March 31, 2016 (81 FR 33026, May 24, eligibility for EBBP. The purpose of this FEDERAL COMMUNICATIONS 2016), the Commission ordered USAC to COMMISSION matching program is to verify the create a National Lifeline Eligibility eligibility of EBBP applicants and [FR ID: 19038] Verifier (‘‘National Verifier’’), including subscribers by determining whether the National Lifeline Eligibility Database they meet an income verification Privacy Act of 1974; Matching Program (LED), that would match data about standard or receive Medicaid, SNAP, or Lifeline applicants and subscribers with SSI benefits administered by the AGENCY: Federal Communications other data sources to verify the Commission. Wisconsin DHS or the Wisconsin DOR. eligibility of an applicant or subscriber. Under FCC rules, consumers receiving ACTION: Notice of a New Matching The Commission found that the these benefits qualify for Lifeline Program. National Verifier would reduce discounts and also for EBBP benefits. compliance costs for Lifeline service SUMMARY: In accordance with the providers, improve service for Lifeline Categories of Individuals Privacy Act of 1974, as amended subscribers, and reduce waste, fraud, The categories of individuals whose (‘‘Privacy Act’’), this document and abuse in the program. The information is involved in the matching announces the establishment of a Consolidated Appropriations Act of program include, but are not limited to, computer matching program the Federal 2021 directs the FCC to leverage the those individuals who have applied for Communications Commission (‘‘FCC’’ National Verifier to verify applicants’ EBBP benefits; are currently receiving or ‘‘Commission’’ or ‘‘Agency’’) and the eligibility for EBBP. The purpose of this benefits; are individuals who enable Universal Service Administrative matching program is to verify the another individual in their household to Company (USAC) will conduct with the eligibility of EBBP applicants and qualify for EBBP benefits; are minors Wisconsin Department of Health subscribers by determining whether whose status qualifies a parent or Services (DHS), and the Wisconsin they receive Medicaid, Supplemental guardian for EBBP benefits; or are Department of Revenue (DOR), (DHS Nutrition Assistance Program (SNAP), individuals who have received EBBP and DOR collectively, Agencies). The or Supplemental Secure Income (SSI) benefits. purpose of this matching program is to benefits administered by the Wisconsin verify the eligibility of applicants to and DHS or Wisconsin DOR. Under FCC Categories of Records subscribers of the Emergency Broadband rules, consumers receiving these Benefit Program, which is administered benefits qualify for Lifeline discounts The categories of records involved in by USAC under the direction of the and also for EBBP benefits. the matching program include, but are FCC, or other federal programs that use not limited to first name, last name, and qualification for the FCC’s Lifeline Participating Non-Federal Agencies last four digits of the applicant’s Social Program as an eligibility criterion. More Wisconsin Department of Health Security Number. The National Verifier information about this program is Services (DHS), and the Wisconsin will transfer these data elements to the provided in the SUPPLEMENTARY Department of Revenue (DOR) Wisconsin DHS and the Wisconsin DOR INFORMATION section below. which will respond either ‘‘yes’’ or ‘‘no’’ Authority for Conducting the Matching DATES: Written comments are due on or that the individual meets the income Program before May 3, 2021. This computer verification standard or is enrolled in an matching program will commence on Consolidated Appropriations Act of EBBP-qualifying assistance program: May 3, 2021, and will conclude 18 2021, Public Law 116–260, 134 Stat. State of Wisconsin’s SNAP, Medicaid, months after becoming effective. 1182; 47 CFR part 54. or SSI. ADDRESSES: Send comments to Margaret Purpose(s) System(s) of Records Drake, FCC, 45 L Street NE, Washington, In the 2016 Lifeline Modernization DC 20554, or to [email protected]. The USAC records shared as part of Order (81 FR 33026, May 24, 2016), the this matching program reside in the FOR FURTHER INFORMATION CONTACT: FCC required USAC to develop and EBBP system of records, FCC/WCB–3, Margaret Drake at 202–417–1707 or operate the National Verifier to improve Emergency Broadband Benefit Program, [email protected]. efficiency and reduce waste, fraud, and which was published in the Federal SUPPLEMENTARY INFORMATION: The abuse in the Lifeline program. The Register at 86 FR 11523 (Feb. 25, 2021). Emergency Broadband Benefit Program stated purpose of the National Verifier (EBBP) was established by Congress in is ‘‘to increase the integrity and improve Federal Communications Commission. the Consolidated Appropriations Act of the performance of the Lifeline program Marlene Dortch, 2021, Public Law 116–260, 134 Stat. for the benefit of a variety of Lifeline Secretary. 1182. EBBP is a program that will help participants, including Lifeline [FR Doc. 2021–06866 Filed 3–31–21; 8:45 am] low-income Americans obtain providers, subscribers, states, BILLING CODE 6712–01–P
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FEDERAL MARITIME COMMISSION information technology to minimize the 60-day notice in the Federal Register information collection burden. concerning each proposed collection of Sunshine Act Meeting DATES: Comments must be received by information, including each proposed June 1, 2021. extension or reinstatement of an existing TIME AND DATE: April 07, 2021; 10:00 collection of information, before a.m. ADDRESSES: When commenting, please reference the document identifier or submitting the collection to OMB for PLACE: This meeting will be held by OMB control number. To be assured approval. To comply with this video-conference only. consideration, comments and requirement, CMS is publishing this STATUS: This meeting will be closed to recommendations must be submitted in notice. the public. any one of the following ways: Information Collection MATTERS TO BE CONSIDERED: 1. Electronically. You may send your 1. Staff Briefing on U.S. Economic comments electronically to http:// 1. Type of Information Collection Conditions and Ocean Carrier Alliances www.regulations.gov. Follow the Request: Extension of a currently 2. Fact Finding 29: International instructions for ‘‘Comment or approved collection; Title of Ocean Transportation Supply Chain Submission’’ or ‘‘More Search Options’’ Information Collection: Hospice Request Engagement to find the information collection for Certification and Supporting Regulations; Use: The Hospice Request CONTACT PERSON FOR MORE INFORMATION: document(s) that are accepting for Certification Form is the JoAnne O’Bryant, Program Analyst, comments. identification and screening form used (202) 523–5725. 2. By regular mail. You may mail written comments to the following to initiate the certification process and JoAnne O’Bryant, address: CMS, Office of Strategic to determine if the provider has Program Analyst. Operations and Regulatory Affairs, sufficient personnel to participate in the [FR Doc. 2021–06957 Filed 3–31–21; 4:15 pm] Division of Regulations Development, Medicare program. The CMS–417 form BILLING CODE 6730–02–P Attention: Document Identifier/OMB is completed by existing hospices at the Control Number: CMS–P–0015A, Room time of their recertification surveys, to C4–26–05, 7500 Security Boulevard, update their certification information. Form Number: CMS–417 (OMB Control DEPARTMENT OF HEALTH AND Baltimore, Maryland 21244–1850. number: 0938–0313); Frequency: HUMAN SERVICES To obtain copies of a supporting statement and any related forms for the Annually; Affected Public: Private Centers for Medicare & Medicaid proposed collection(s) summarized in Sector—Business or other for-profits; Services this notice, you may make your request Number of Respondents: 2,059; Total using one of following: Annual Responses: 2,059; Total Annual [Document Identifier: CMS–417 and CMS– 1. Access CMS’ website address at Hours: 1,544 (For policy questions 209] https://www.cms.gov/Regulations-and- regarding this collection contact Caroline Gallaher at 410–786–8705.) Agency Information Collection Guidance/Legislation/ Activities: Proposed Collection; PaperworkReductionActof1995/PRA- 2. Type of Information Collection Comment Request Listing.html. Request: Revision of a currently approved collection; Title of FOR FURTHER INFORMATION CONTACT: AGENCY: Centers for Medicare & Information Collection: Laboratory William N. Parham at (410) 786–4669. Medicaid Services, Health and Human Personnel Report (CLIA) and Supporting Services (HHS). SUPPLEMENTARY INFORMATION: Regulations; Use: The information ACTION: Notice. Contents collected on this survey form is used in the administrative pursuit of the SUMMARY: The Centers for Medicare & This notice sets out a summary of the Congressionally-mandated program Medicaid Services (CMS) is announcing use and burden associated with the with regard to regulation of laboratories an opportunity for the public to following information collections. More participating in CLIA. The surveyor will comment on CMS’ intention to collect detailed information can be found in provide the laboratory with the CMS– information from the public. Under the each collection’s supporting statement 209 form. While the surveyor performs Paperwork Reduction Act of 1995 (the and associated materials (see other aspects of the survey, the PRA), federal agencies are required to ADDRESSES). laboratory will complete the CMS–209 publish notice in the Federal Register CMS–417 Hospice Request for by recording the personnel data needed concerning each proposed collection of Certification and Supporting to support their compliance with the information (including each proposed Regulations personnel requirements of CLIA. The extension or reinstatement of an existing CMS–209 Laboratory Personnel Report surveyor will then use this information collection of information) and to allow (CLIA) and Supporting Regulations in choosing a sample of personnel to 60 days for public comment on the Under the PRA (44 U.S.C. 3501– verify compliance with the personnel proposed action. Interested persons are 3520), federal agencies must obtain requirements. Information on personnel invited to send comments regarding our approval from the Office of Management qualifications of all technical personnel burden estimates or any other aspect of and Budget (OMB) for each collection of is needed to ensure the sample is this collection of information, including information they conduct or sponsor. representative of the entire laboratory. the necessity and utility of the proposed The term ‘‘collection of information’’ is Form Number: CMS–209 (OMB control information collection for the proper defined in 44 U.S.C. 3502(3) and 5 CFR number 0938–0151); Frequency: performance of the agency’s functions, 1320.3(c) and includes agency requests Biennially; Affected Public: Private the accuracy of the estimated burden, or requirements that members of the Sector—State, Local, or Tribal ways to enhance the quality, utility, and public submit reports, keep records, or Governments; and Federal Government; clarity of the information to be provide information to a third party. Number of Respondents: 19,163; Total collected, and the use of automated Section 3506(c)(2)(A) of the PRA Annual Responses: 9,582; Total Annual collection techniques or other forms of requires federal agencies to publish a Hours: 4,791. (For policy questions
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regarding this collection contact Name of Committee: National Cancer confidential trade secrets or commercial Kathleen Todd at 410–786–3385.) Institute Initial Review Group, Subcommittee property such as patentable material, I—Transition to Independence. and personal information concerning Dated: March 30, 2021. Date: June 9–10, 2021. William N. Parham, III, Time: 11:00 a.m. to 4:00 p.m. individuals associated with the grant Director, Paperwork Reduction Staff, Office Agenda: To review and evaluate grant applications, the disclosure of which of Strategic Operations and Regulatory applications. would constitute a clearly unwarranted Affairs. Place: National Cancer Institute at Shady invasion of personal privacy. [FR Doc. 2021–06873 Filed 4–1–21; 8:45 am] Grove, 9609 Medical Center Drive, Room 7W602, Rockville, Maryland 20850 Name of Committee: National Institute on BILLING CODE 4120–01–P (Telephone Conference Call). Aging Special Emphasis Panel; Hearing Loss Contact Person: Delia Tang, M.D., and Aging. Date: May 4, 2021. DEPARTMENT OF HEALTH AND Scientific Review Officer, Resources and Training Review Branch, Division of Time: 9:30 a.m. to 12:30 p.m. HUMAN SERVICES Extramural Activities, National Cancer Agenda: To review and evaluate grant Institute, NIH, 9609 Medical Center Drive, National Institutes of Health applications. Room 7W602, Rockville, Maryland 20850, Place: National Institute on Aging, 240–276–6456, [email protected]. National Cancer Institute; Notice of Gateway Building, 7201 Wisconsin Avenue, Closed Meetings Name of Committee: National Cancer Bethesda, MD 20892 (Video Meeting). Institute Special Emphasis Panel; Innovative Contact Person: Anita H. Undale, MD, Pursuant to section 10(d) of the Molecular and Cellular Analysis Ph.D., Scientific Review Officer, Scientific Federal Advisory Committee Act, as Technologies. Review Branch, National Institute on Aging, Date: June 16–17, 2021. amended, notice is hereby given of the National Institutes of Health, Gateway Time: 11:00 a.m. to 6:00 p.m. following meetings. Building, Suite 2W200, 7201 Wisconsin The meetings will be closed to the Agenda: To review and evaluate grant applications. Avenue, Bethesda, MD 20892, 301–827– public in accordance with the Place: National Cancer Institute at Shady 7428, [email protected]. provisions set forth in sections Grove, 9609 Medical Center Drive, Room Name of Committee: National Institute on 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 7W246, Rockville, Maryland 20850 Aging Special Emphasis Panel; Lysosomes as amended. The grant applications and (Telephone Conference Call). and Alzheimer’s. the discussions could disclose Contact Person: Jun Fang, Ph.D., Scientific Date: May 13, 2021. Review Officer, Research Technology & confidential trade secrets or commercial Time: 11:30 a.m. to 2:30 p.m. Contract Review Branch, Division of property such as patentable material, Agenda: To review and evaluate grant and personal information concerning Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, applications. individuals associated with the grant Place: National Institute on Aging, applications, the disclosure of which Room 7W246, Rockville, Maryland 20850, 240–276–5460, [email protected]. Gateway Building, 7201 Wisconsin Avenue, would constitute a clearly unwarranted Bethesda, MD 20892 (Video Meeting). invasion of personal privacy. (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; Contact Person: Anita H. Undale, MD, Name of Committee: National Cancer 93.393, Cancer Cause and Prevention Ph.D., Scientific Review Officer, Scientific Institute Special Emphasis Panel; K22 Research; 93.394, Cancer Detection and Review Branch, National Institute on Aging, Transition Career Development Award. Diagnosis Research; 93.395, Cancer National Institutes of Health, Gateway Date: May 18, 2021. Treatment Research; 93.396, Cancer Biology Building, Suite 2W200, 7201 Wisconsin Time: 10:00 a.m. to 7:00 p.m. Research; 93.397, Cancer Centers Support; Avenue, Bethesda, MD 20892, 301–827– Agenda: To review and evaluate grant 93.398, Cancer Research Manpower; 93.399, 7428, [email protected]. applications. Cancer Control, National Institutes of Health, Place: National Cancer Institute at Shady HHS) Name of Committee: National Institute on Grove, 9609 Medical Center Drive, Room Aging Special Emphasis Panel; Mechanisms 7W234, Rockville, Maryland 20850 Dated: March 30, 2021. of Atrophy. (Telephone Conference Call). Melanie J. Pantoja, Date: May 17, 2021. Contact Person: Adriana Stoica, Ph.D., Program Analyst, Office of Federal Advisory Time: 12:00 p.m. to 5:00 p.m. Scientific Review Officer, Resources and Committee Policy. Agenda: To review and evaluate grant Training Review Branch, Division of [FR Doc. 2021–06828 Filed 4–1–21; 8:45 am] applications. Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, BILLING CODE 4140–01–P Place: National Institute on Aging, Room 7W234, Rockville, Maryland 20850, Gateway Building, 7201 Wisconsin Avenue, 240–276–6368, [email protected]. Bethesda, MD 20892 (Video Meeting). Name of Committee: National Cancer DEPARTMENT OF HEALTH AND Contact Person: Birgit Neuhuber, Ph.D., Institute Special Emphasis Panel; HUMAN SERVICES Scientific Review Officer, Scientific Review Comprehensive Partnerships to Advance Branch, National Institute on Aging, National Cancer Health Equity (CPACHE) (U54). National Institutes of Health Institutes of Health, 7201 Wisconsin Avenue, Date: May 19, 2021. Gateway Building, Suite 2W200, Bethesda, Time: 10:00 a.m. to 6:00 p.m. National Institute on Aging; Notice of MD 20892, 301–480–1266 neuhuber@ Agenda: To review and evaluate grant Closed Meetings ninds.nih.gov. applications. Place: National Cancer Institute at Shady Pursuant to section 10(d) of the (Catalogue of Federal Domestic Assistance Grove, 9609 Medical Center Drive, Room Federal Advisory Committee Act, as Program Nos. 93.866, Aging Research, 7W108, Rockville, Maryland 20850 amended, notice is hereby given of the National Institutes of Health, HHS) (Telephone Conference Call). following meetings. Dated: March 30, 2021. Contact Person: Clifford W. Schweinfest, The meetings will be closed to the Miguelina Perez, Ph.D., Scientific Review Officer, Special public in accordance with the Review Branch, Division of Extramural provisions set forth in sections Program Analyst, Office of Federal Advisory Activities, National Cancer Institute, NIH, Committee Policy. 9609 Medical Center Drive, Room 7W108, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Rockville, Maryland 20850, 240–276–6343, as amended. The grant applications and [FR Doc. 2021–06826 Filed 4–1–21; 8:45 am] [email protected]. the discussions could disclose BILLING CODE 4140–01–P
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DEPARTMENT OF HEALTH AND Alcoholism, 6700B Rockledge Drive, (OMB) emergency approval of the HUMAN SERVICES Bethesda, MD 20817 (Virtual Meeting). information collection described in this Contact Person: Abraham P. Bautista, notice. National Institutes of Health Ph.D., Executive Secretary, National Advisory Council Director, Office of DATES: Comments Due Date: April 9, 2021. National Institute on Alcohol Abuse Extramural Activities, National Institute on and Alcoholism; Notice of Meeting Alcohol Abuse and Alcoholism, National ADDRESSES: Interested persons are Institutes of Health, 6700 B Rockledge Drive, invited to submit comments regarding Pursuant to section 10(d) of the Room 1458, MSC 6902, Bethesda, MD 20892 this proposal. Written comments and Federal Advisory Committee Act, as 301–443–9737 [email protected]. Paulette S. Gray, Ph.D., Director, Division recommendations for the proposed amended, notice is hereby given of a information collection should be sent meeting of the National Advisory of Extramural Activities, National Cancer Institute, National Institutes of Health, 9609 within 30 days of publication of this Council on Alcohol Abuse and Medical Center Drive, Room 7W444, notice to OIRA_submission@ Alcoholism. Bethesda, MD 20892, 240–276–6340, grayp@ omb.eop.gov or www.reginfo.gov/public/ The meeting will be held as a virtual dea.nci.nih.gov. do/PRAMain. Find this particular meeting and is open to the public. Susan Weiss, Ph.D., Director, Division of information collection by selecting Individuals who plan to view the virtual Extramural Research, National Institute on ‘‘Currently under 30-day Review—Open meeting and need special assistance or Drug Abuse, National Institutes of Health, for Public Comments’’ or by using the 6001 Executive Boulevard, NSC, Room 5274, other reasonable accommodations to search function. view the meeting, should notify the 301–443–6487, [email protected]. FOR FURTHER INFORMATION CONTACT: Contact Person listed below in advance Any interested person may file written Anna Guido, Reports Management of the meeting. The open session will be comments with the committee by forwarding Officer, QDAM, Department of Housing videocast and can be accessed from the the statement to the Contact Person listed on and Urban Development, 451 7th Street NIH Videocasting and Podcasting this notice. The statement should include the name, address, telephone number and when SW, Washington, DC 20410; email Anna website (http://videocast.nih.gov/). applicable, the business or professional A portion of this meeting will be Guido at [email protected] or affiliation of the interested person. telephone 202–402–5535. Persons with closed to the public in accordance with Information is also available on the the provisions set forth in sections hearing or speech impairments may Institute’s/Center’s home page: http:// access this number through TTY by 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., www.niaaa.nih.gov/AboutNIAAA/ calling the toll-free Federal Relay as amended. The grant applications and AdvisoryCouncil/Pages/default.aspx, where the discussions could disclose an agenda and any additional information for Service at (800) 877–8339. This is not a confidential trade secrets or commercial the meeting will be posted when available. toll-free number. Copies of available property such as patentable material, (Catalogue of Federal Domestic Assistance documents submitted to OMB may be and personal information concerning Program Nos. 93.271, Alcohol Research obtained from Ms. Guido. individuals associated with the grant Career Development Awards for Scientists SUPPLEMENTARY INFORMATION: This applications, the disclosure of which and Clinicians; 93.272, Alcohol National notice informs the public that HUD has Research Service Awards for Research submitted to OMB a request for would constitute a clearly unwarranted Training; 93.273, Alcohol Research Programs; invasion of personal privacy. approval of the information collection 93.891, Alcohol Research Center Grants; described in Section A. Name of Committee: National Advisory 93.701, ARRA Related Biomedical Research Council on Alcohol Abuse and Alcoholism. and Research Support Awards., National A. Overview of Information Collection Institutes of Health, HHS) Date: May 11, 2021. Title of Information Collection: Closed: 11:00 a.m. to 12:00 p.m. Dated: March 30, 2021. Agenda: To review and evaluate grant Collection of Required Information for Melanie J. Pantoja, applications. CARES Act Quarterly Reporting. Open: 12:15 p.m. to 4:30 p.m. Program Analyst, Office of Federal Advisory OMB Approval Number: Pending. Agenda: Presentations and other business Committee Policy. Type of Request: New. of the Council. [FR Doc. 2021–06827 Filed 4–1–21; 8:45 am] Form Number: Forms associated to Place: National Institutes of Health, BILLING CODE 4140–01–P collections listed below. National Institute on Alcohol Abuse and Description of the need for the Alcoholism, 6700B Rockledge Drive, information and proposed use: Bethesda, MD 20817 (Virtual Meeting). On March 27, 2020, the ‘‘Coronavirus Contact Person: Abraham P. Bautista, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Aid, Relief, and Economic Security Act’’ Ph.D., Executive Secretary, National (CARES Act) was signed into law. The Advisory Council Director, Office of [Docket No. FR–7034–C–14] CARES Act provided $12.4 billion in Extramural Activities, National Institute on additional FY2020 funding for HUD to Alcohol Abuse and Alcoholism, National 7-Day Notice of Emergency Approval Institutes of Health, 6700 B Rockledge Drive, prevent, prepare for, and respond to of an Information Collection: COVID–19, including providing Room 1458, MSC 6902, Bethesda, MD 20892, Collection of Required Information for 301–443–9737, [email protected]. additional resources to meet emerging CARES Act Quarterly Reporting OMB needs, support existing rental assistance Name of Committee: National Advisory Control No.: 2535–XXXX Council on Alcohol Abuse and Alcoholism, programs, and to support capacity and National Cancer Advisory Board, and AGENCY: Office of the Chief Information oversight. The award provides HUD National Advisory Council on Drug Abuse. Officer, HUD. recipients the flexibility to meet Date: May 12, 2021. ACTION: Correction. evolving COVID–19 needs in their Open: 11:00 a.m. to 3:30 p.m. respective communities, including Agenda: Presentation of NIAAA, NCI, and SUMMARY: This notice is a correction to extending operational hours, increasing NIDA Director’s Update, Scientific Reports, and other topics within the scope of the the notice that HUD publish on March staffing hours, purchasing additional Collaborative Research on Addiction at NIH 24, 2021 at 86 FR 15696. In accordance equipment, enhancing workforce (CRAN). with the Paperwork Reduction Act of training and capacity development, and Place: National Institutes of Health, 1995, HUD has requested from the providing critical housing services to National Institute on Alcohol Abuse and Office of Management and Budget people during this pandemic. The U.S.
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Department of Housing and Urban estimated number of jobs created or For those programs where this would Development requests a clearance of retained by the project or activity. be an increase in the frequency of the this information collection request to The Director of the Office of information currently reported by allow for immediate outreach to Large Management and Budget, in moving from annual to quarterly Covered Funds recipients, defined as consultation with the Secretary of the reporting, the actual use of the recipients of CARES Grant amounts over Treasury, the Administrator of the Small information currently collected is the $150,000. This information collection Business Administration, and the quarterly submission file to the PRAC. request will enable the U.S. Department Chairperson of the Council of Economic Respondents (i.e. affected public): The of Housing and Urban Development Advisors, shall submit to the respondents for this information (HUD) to collect the quarterly appropriate congressional committees collection request are the HUD program information required to be in and publicly release on the website recipients of large covered funds compliance with the requirements established under section 15010(g) provided by the CARES ACT, as defined outlined in section 15011 of the CARES quarterly reports that detail the impact in the above section. Act. Reporting provisions include that of programs funded through large Estimated Number of Respondents: not later than 10 days after the end of covered funds on employment, There are an estimated 5,000 potential each calendar quarter, each covered estimated economic growth, and other respondents across all HUD programs recipient shall submit to the agency and key economic indicators, including based on the obligations data from the committee a report that contains (A) information about impacted industries. USASpending.gov as of March 4, 2021. the total amount of large covered funds This information will be reported by received from the agency; (B) the the grant recipients to the program Frequency of Response: amount of large covered funds received offices within HUD, then aggregated This information is to be captured that were expended or obligated for with the related information already quarterly, as outlined in the reporting each project or activity; (C) a detailed being captured today. This aggregated requirements section of the CARES Act. list of all projects or activities for which information will form the required Related Forms and Processes large covered funds were expended or quarterly reporting for CARES Act funds Currently in Place: obligated, including (i) the name of the that HUD submits to the Pandemic The following table outlined the project or activity; (ii) a description of Response Accountability Committee related forms that will be impacted as the project or activity; and (iii) the (PRAC). part of this collection effort:
OMB control # Name
2506–0133 ...... Grant Application Submission, Recordkeeping, and Reporting. 2506–0089 ...... EMERGENCY SOLUTIONS GRANT DATA COLLECTION. 2506–0077 ...... Community Development Block Grant (CDBG) Entitlement Program. 2577–0226 ...... Public Housing Agency Plan (PHA) Plan. 2577–0218 ...... Indian Housing Block Grants (IHBG) Program Reporting. 2577–0029 ...... Allocation of Operating Fund Grant Under the Operating Fund Formula: Data Collection. 2502–0619 ...... COVID–19 Supplemental Payment Requests. 2529–0033 ...... Fair Housing Initiatives Program Grant.
B. Solicitation of Public Comment HUD encourages interested parties to SUMMARY: HUD is seeking approval from submit comment in response to these the Office of Management and Budget This notice is soliciting comments questions. (OMB) for the information collection from members of the public and affected described below. In accordance with the C. Authority parties concerning the collection of Paperwork Reduction Act, HUD is information described in Section A on Section 3507 of the Paperwork requesting comment from all interested the following: Reduction Act of 1995, 44 U.S.C. parties on the proposed collection of (1) Whether the proposed collection Chapter 35. information. The purpose of this notice of information is necessary for the Anna Guido, is to allow for 30 days of public proper performance of the functions of comment. Department Reports Management Officer, the agency, including whether the Office of the Chief Information Officer. DATES: Comments Due Date: May 3, information will have practical utility; [FR Doc. 2021–06850 Filed 4–1–21; 8:45 am] 2021. (2) If the information will be BILLING CODE 4210–67–P processed and used in a timely manner; ADDRESSES: Interested persons are invited to submit comments regarding (3) The accuracy of the agency’s this proposal. Written comments and DEPARTMENT OF HOUSING AND estimate of the burden of the proposed recommendations for the proposed URBAN DEVELOPMENT collection of information; information collection should be sent (4) Ways to enhance the quality, [Docket No. FR–7034–N–15] within 30 days of publication of this utility, and clarity of the information to notice to OIRA_submission@ be collected; and 30-Day Notice of Proposed Information omb.eop.gov or www.reginfo.gov/public/ (5) Ways to minimize the burden of Collection: HUD Research, Evaluation, do/PRAMain. Find this particular the collection of information on those and Demonstration Cooperative information collection by selecting who are to respond; including through Agreements; OMB Number: 2528–0299 ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the the use of appropriate automated AGENCY: Office of the Chief Information search function. collection techniques or other forms of Officer, HUD. information technology, e.g., permitting FOR FURTHER INFORMATION CONTACT: ACTION: Notice. electronic submission of responses. Anna P. Guido, Reports Management
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Officer, QMAC, Department of Housing information collection described in Description of the need for the and Urban Development, 451 7th Street Section A. information and proposed use: PD&R SW, Washington, DC 20410; email her at The Federal Register notice that intends to establish cooperative [email protected] or telephone solicited public comment on the agreements with qualified for-profit and 202–402–5535. This is not a toll-free information collection for a period of 60 nonprofit research organizations and number. Person with hearing or speech days was published on November 19, universities to conduct research, impairments may access this number 2020 at 85 FR 73189. demonstrations, and data analysis. PD&R will issue a Notice of Funding through TTY by calling the toll-free A. Overview of Information Collection Federal Relay Service at (800) 877–8339. Availability (NOFA) describing the Copies of available documents Title of Information Collection: HUD cooperative research program. submitted to OMB may be obtained Research, Evaluation, and Management of PD&R cooperative from Ms. Guido. Demonstration Cooperative Agreements. agreements for research and demonstrations will require periodic OMB Approval Number: 2528–0299. SUPPLEMENTARY INFORMATION: This reporting of progress. This information notice informs the public that HUD is Type of Request: Revision. collection will be limited to recipients seeking approval from OMB for the Form Number: NA of cooperative agreements.
Number of Frequency of Responses Burden hour Annual burden Hourly cost Information collection respondents response per annum per response hours per response Cost
Quarterly Reports ...... 18 4 72 3 216 $45.00 $9,720 Other Reports ...... 18 1 18 1 18 45.00 810 Recordkeeping ...... 18 1 18 3 54 45.00 2,430
Total ...... 288 ...... 12,960
B. Solicitation of Public Comment DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: In accordance with the Paperwork This notice is soliciting comments Bureau of Indian Affairs Reduction Act of 1995, we provide the from members of the public and affected general public and other Federal parties concerning the collection of [201A2100DD/AAKC001030// agencies with an opportunity to information described in Section A on A0A501010.999900; OMB Control Number comment on new, proposed, revised, the following: 1076–0094] and continuing collections of (1) Whether the proposed collection Agency Information Collection information. This helps us assess the of information is necessary for the Activities; Law and Order on Indian impact of our information collection proper performance of the functions of Reservations—Marriage and requirements and minimize the public’s the agency, including whether the Dissolution Applications reporting burden. It also helps the information will have practical utility; public understand our information (2) If the information will be AGENCY: Bureau of Indian Affairs, collection requirements and provide the processed and used in a timely manner; Interior. requested data in the desired format. (3) The accuracy of the agency’s ACTION: Notice of information collection; We are soliciting comments on the estimate of the burden of the proposed request for comment. proposed ICR that is described below. collection of information; We are especially interested in public SUMMARY: In accordance with the comment addressing the following (4) Ways to enhance the quality, Paperwork Reduction Act of 1995, we, issues: (1) Is the collection necessary to utility, and clarity of the information to the Bureau of Indian Affairs (BIA) are the proper functions of the BIA; (2) will be collected; and proposing renew an information this information be processed and used (5) Ways to minimize the burden of collection. in a timely manner; (3) is the estimate the collection of information on those DATES: Interested persons are invited to of burden accurate; (4) how might the who are to respond; including through submit comments on or before June 1, BIA enhance the quality, utility, and the use of appropriate automated 2021. clarity of the information to be collection techniques or other forms of collected; and (5) how might the BIA ADDRESSES: information technology, e.g., permitting Please send written minimize the burden of this collection electronic submission of responses. comments on this information on the respondents, including through collection request (ICR) to Ms. Tricia HUD encourages interested parties to the use of information technology. Tingle, Associate Director, Tribal Justice Comments that you submit in submit comment in response to these Support Directorate, 1001 Indian School questions. response to this notice are a matter of Road NW, Albuquerque, NM 87104; or public record. Before including your C. Authority by email to [email protected]. address, phone number, email address, Please reference OMB Control Number Section 3507 of the Paperwork or other personal identifying 1076–0094 in the subject line of your information in your comment, you Reduction Act of 1995, 44 U.S.C. comments. Chapter 35. should be aware that your entire FOR FURTHER INFORMATION CONTACT: To comment—including your personal Anna P. Guido, request additional information about identifying information—may be made Department Reports Management Officer, this ICR, contact Ms. Tricia Tingle by publicly available at any time. While Office of the Chief Information Officer. email at [email protected]. You may you can ask us in your comment to [FR Doc. 2021–06794 Filed 4–1–21; 8:45 am] also view the ICR at http:// withhold your personal identifying BILLING CODE 4210–67–P www.reginfo.gov/public/do/PRAMain. information from public review, we
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cannot guarantee that we will be able to Type of Review: Extension without Service (NPS) published for public do so. change of a currently approved review and comment a proposal to add Abstract: The Bureau of Indian Affairs collection. the thermal features within Valles (BIA) is seeking renewal of the approval Respondents/Affected Public: Caldera National Preserve (Preserve), for the information collection conducted Individuals. New Mexico, to the list of significant under 25 CFR 11.600(c) and 11.606(c). Total Estimated Number of Annual thermal features within units of the This information collection allows the Respondents: 260 per year, on average. National Park System in accordance Total Estimated Number of Annual Clerk of the Court of Indian Offenses to with the Geothermal Steam Act as Responses: 260 per year, on average. collect personal information necessary amended (see 81 FR 95632 (Dec. 28, Estimated Completion Time per 2016)). During the public comment for a Court of Indian Offenses to issue Response: 15 minutes. a marriage license or dissolve a period, which closed on January 27, Total Estimated Number of Annual 2017, the NPS received comments from marriage. Courts of Indian Offenses have Burden Hours: 65 hours. been established on certain Indian 65 individuals, American Indian tribes, Respondent’s Obligation: Required to and nongovernmental organizations. reservations under the authority vested Obtain or Retain a Benefit. in the Secretary of the Interior by 5 The purpose of this notice is to Frequency of Collection: On occasion. summarize the proposal, review the U.S.C. 301 and 25 U.S.C. 2, 9, and 13, Total Estimated Annual Nonhour comments that the NPS received on the which authorize appropriations for Burden Cost: $6,500 (approximately $25 proposal, and update the list of park ‘‘Indian judges.’’ Tribes retain per application for processing fees). units containing significant thermal jurisdiction over Indians, exclusive of An agency may not conduct or features by adding the Valles Caldera to State jurisdiction, but in the absence of sponsor and a person is not required to the list as a volcanic feature, and adding Tribal courts exercising that respond to a collection of information the hydrothermal system within the jurisdiction, the Bureau of Indian unless it displays a currently valid OMB Preserve as a hydrothermal feature. Affairs been required to establish Courts control number. The Geothermal Steam Act (GSA), as of Indian Offenses to protect tribal The authority for this action is the amended, authorizes the Secretary of Paperwork Reduction Act of 1995 (44 members and other Indians. the Interior (Secretary) to issue U.S.C. 3501 et seq). Accordingly, Courts of Indian Offenses geothermal leases for exploration, exercise jurisdiction under 25 CFR 11. Elizabeth K. Appel, development and utilization of Domestic relations are governed by 25 geothermal resources within available CFR 11.600, which authorizes the Court Director, Office of Regulatory Affairs and Collaborative Action—Indian Affairs. public lands administered by the of Indian Offenses to conduct and Department, as well as on federal lands dissolve marriages. [FR Doc. 2021–06793 Filed 4–1–21; 8:45 am] BILLING CODE 4337–15–P administered by the Department of In order to obtain a marriage licenses Agriculture or other surface managing in a Court of Indian Offenses, applicants agencies, and on lands that have been must provide the six items of DEPARTMENT OF THE INTERIOR conveyed by the United States subject to information listed in 25 CFR 11.600(c), a reservation to the United States of the including identifying information, such National Park Service geothermal resources in those lands (30 a Social Security number, information [NPS–WASO–GRD–22583; GPO Deposit U.S.C. 1002). The Bureau of Land on previous marriage, relationship to Account 4311–H2] Management (BLM) administers the the other applicant, and a certificate of geothermal resources program pursuant the results of any medical examination Addition of Thermal Features Within to its regulations at 43 CFR parts 3000, required by applicable Tribal Valles Caldera National Preserve to the 3200, and 3280. On federal lands ordinances or the laws of the State in List of Significant Thermal Features managed by the Agriculture Department which the Indian country under the Within Units of the National Park or used for a federal water power jurisdiction of the Court of Indian System project, the BLM must first obtain the Offenses is located. To dissolve a consent of the Secretary of Agriculture marriage, applicants must provide the AGENCY: National Park Service, Interior. or Secretary of Energy, respectively, six items of information listed in 25 CFR ACTION: Notice. before it may issue any leases for 11.606(c), including information on geothermal resources underlying those SUMMARY: This notice announces the occupation and residency (to establish lands (see 30 U.S.C. 1014(b)). addition of the thermal features within jurisdiction), information on whether The GSA provides that lands Valles Caldera National Preserve, New the parties have lives apart for at least administered by the National Park Mexico, to the list of significant thermal 180 days or if there is serious marital Service (NPS) are not subject to features within units of the National discord warranting dissolution, and geothermal leasing, thereby prohibiting Park System under the Geothermal information on the children of the geothermal leasing and development in Steam Act. This designation will marriage and whether the wife is park units (see 30 U.S.C. 1002, 1014(c)). provide additional protection of these pregnant (for the court to determine the In addition, the Preserve has been important thermal features, as well as appropriate level of support that may be expressly withdrawn from the operation opportunities for enhanced required from the non-custodial parent). of the geothermal leasing laws (16 collaboration among Federal Agencies, (25 CFR 11.601) Two forms are used as U.S.C. 698v–11(b)(9)). scientists, and resource managers. part of this information collection, the The GSA directs the Secretary to Marriage License Application and the FOR FURTHER INFORMATION CONTACT: Ms. maintain a list of significant thermal Dissolution of Marriage Application. Julia F. Brunner, Chief, Energy and features within units of the National Minerals Branch, Geologic Resources Park System (see 30 U.S.C. 1026(a)(1)). Title of Collection: Law and Order on Division, National Park Service, P.O. The GSA specified sixteen park units Indian Reservations—Marriage & Box 25287, Lakewood, CO 80225–0287; already identified as containing such Dissolution Applications. telephone 303–969–2012. features for the list, and also authorized OMB Control Number: 1076–0094. SUPPLEMENTARY INFORMATION: On the Secretary to add significant thermal Form Number: None. December 28, 2016, the National Park features within these or other park units
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to the list. 30 U.S.C. 1026(a)(2). Such a (4) the Secretary of Agriculture to unique to the region, the nation, or, in determination includes consideration of consider the effects on significant some cases, the world. four significance criteria as well as a thermal features within units of the (2) Scientific and geologic notice and public comment process (see National Park System in determining significance—NPS considers the feature 30 U.S.C. 1026(a)(2)–(3)). The NPS whether to consent to leasing on ‘‘significant’’ when the feature has been published its proposed notice for national forest lands or other lands identified as contributing to geologic, evaluation of the Valles Caldera administered by the Department of biological, or other scientific knowledge National Preserve and its thermal Agriculture (30 U.S.C. 1026(e)). compared with similar features in other features under these significance criteria Summary of NPS Proposal: In its areas or makes a significant contribution in the Federal Register on December 28, December 28, 2016, notice proposing to to the understanding of similar systems. 2016, in compliance with the GSA add the Preserve, with its volcanic (3) The extent to which such features process. caldera and hydrothermal features (81 remain in a natural, undisturbed For listed significant thermal features, FR 95632), the NPS first described the condition—Under this criterion, no the GSA requires relevant history of the GSA and the limits are established for amount or (1) The Secretary to maintain a bases for previous listings of significant degree of development. The feature may monitoring program, including a thermal features within park units (see be significant if it remains in a natural, research program carried out by NPS in 81 FR 95632). The NPS then proposed relatively undisturbed condition. cooperation with the U.S. Geological to define ‘‘thermal feature’’ as the Modifications or improvements may be Survey (30 U.S.C. 1026(b)); surface manifestation of subsurface acceptable if: The alterations were (2) the Secretary to determine, on the thermal resources, systems, or activity, necessary to preserve a developed basis of scientific evidence, and subject and to use the words ‘‘hydrothermal’’ feature; modifications intended to to notice and public comment, whether and ‘‘volcanic’’ as a simple description accommodate or improve public exploration, development, or utilization of the type of underlying thermal enjoyment of the feature are judged to of the land subject to a lease application activity that resulted in how the feature be consistent or compatible with the would be reasonably likely to result in appears on the earth’s surface. intent of the enabling legislation; and so a significant adverse effect on any listed The NPS also proposed to remain long as disturbances or developments, if feature and, if so, not to issue the lease consistent with its previous significant any, have not affected the subsurface (30 U.S.C. 1026(c)); thermal feature determinations by thermal regime. (3) the Secretary to determine, on the interpreting the GSA’s four significance (4) Significance of thermal features to basis of scientific evidence, whether the criteria as follows: the authorized purposes for which the exploration, development, or utilization (1) Size, extent, and uniqueness—NPS park unit was created—NPS considers of the land subject to a lease or drilling does not establish lower or upper limits features significant if they were the permit is reasonably likely to adversely on the size or extent of a feature. Each basis for establishment of the unit (i.e., affect any listed features and, if so, to feature is identified according to its the feature was specifically identified in include stipulations in the lease or existing surface dimensions. For a the enabling legislation) or if they are drilling permit to protect those features feature to be considered significant consistent with the statutory purposes (30 U.S.C. 1026(d)); and under this criterion, it is identified as for which the area was set aside.
Figure 1. Map of the Valles Caldera National Preserve showing the boundary of the designated significant thermal feature.
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The NPS then proposed to add two action, however, would be inconsistent volcanic eruption (Banco Bonito significant thermal features within the with the purpose of the Preserve, the Rhyolite lava flow) occurred about 68 Preserve to the list. The first such input from local and state communities, thousand years ago. The Valles Caldera feature was the vast majority of the and applicable laws, regulations, and that formed 1.25 million years ago is the caldera itself, as a single volcanic policies. younger of two calderas within the feature. Excepted from the proposal was None of the commenters questioned Preserve, and lies to the southwest of the portion of the caldera (10–15%) that the scientific underpinnings of the the comparably sized but now nearly lies outside the Preserve’s western and designation or the consistency of the imperceptible Toledo Caldera (1.62 Ma). southern boundaries. The NPS also features with the four significance Each caldera produced about 95 mi3 proposed to add various hydrothermal criteria. (400 km3) of ash flow tuff collectively features within the Preserve to the list known as the Bandelier Tuff. Numerous as a significant hydrothermal feature. Consideration of Significance Criteria geothermal features occur throughout for Thermal Features Proposed the Jemez Mountains. The Preserve does Summary of Comments Received on the not encompass the entirety of the Valles Proposal Caldera Thermal Feature Caldera depression itself—a portion of The entirety of the volcanic caldera Sixty-five comments on the proposal the northwestern caldera lies outside that lies within the Preserve is hereby were submitted to the NPS via the PEPC the boundary of the park unit to the added to the list as one significant website at https:// west and south of the Preserve, in the thermal feature. The Preserve’s thermal parkplanning.nps.gov/vallego. The Santa Fe National Forest. The feature is part of a geothermal landscape comments were submitted by 57 subsurface volcanic heat anomaly or that extends beyond the Preserve’s members of the public (mostly local or thermal system similarly extends perimeter boundary, although thermal state residents), six New Mexico-based outside of the park unit to the west. nongovernmental organizations, and features located outside that boundary (2) Scientific and geologic representatives of two American Indian are not included. The magma chamber significance: Water, steam, and soil tribes located in northern New Mexico. beneath the Preserve is located under samples from these sites have been and Sixty-four of the 65 commenters fully the southwest portion of the caldera, continue to be collected by scientists and enthusiastically supported the NPS with surface expressions of thermal conducting geothermal and planetary proposal. Many of the commenters features primarily in the vicinity of research, and by scientists searching for expressed concern that geothermal Redondo Canyon, Sulphur Creek living organisms in extreme development around the Preserve may Canyon, and Alamo Canyon. Currently, environments. Because of its geologic 1 adversely affect the unique and world- approximately ⁄3 of the Preserve has uniqueness, NPS staff will use this area class thermal features, the wildlife, the been surveyed. In addition, a detailed for public education, as the site extraordinary landscape, and the geologic and hydrologic GIS map has illustrates the exceptional geologic recreation opportunities within the been developed. See http:// values of the Jemez Mountains—sulfuric Preserve. Commenters also expressed geoinfo.nmt.edu/repository/data/2011/ acid fumaroles and mud pots, and _ concern that geothermal development 20110002/GM-79 mapsheet.pdf. (Fig. chloride-bicarbonate hot springs and around the Preserve may affect local 5). cold springs—all characteristics of water supply, exacerbate costly and The subsurface heat that remains of geologically active volcanic formations. detrimental invasive species in the area, the volcanic activity allows meteoric (3) The extent to which the feature and increase the potential for waters percolating down from the remains in a natural, undisturbed earthquakes, which could prove surface to become heated, which is condition: The San Antonio Warm catastrophic due to the large amounts of expressed at the surface in several Springs and the Sulphur Springs-Alamo plutonium stored at the nearby Los places within and in the vicinity of the Canyon areas have been moderately to Alamos National Laboratory. The caldera in the form of hydrologic hot significantly disturbed by development comments from the American Indian springs or, in dry seasons, fumaroles or (recreational structures, containment tribes explained that the protection of steam vents. The Preserve contains ponds, and other improvements as well the natural and cultural resources in the numerous thermal features (single or as several geothermal exploration wells Preserve is vital for maintaining their grouped contiguous features such as hot drilled between 1970–1984, most of traditional cultural practices, and spring pools) in four geographic areas which have been permanently capped specifically that the NPS’s preservation containing surface waters (Redondo and reclaimed) that occurred prior to of thermal features throughout the Creek, Alamo Canyon, Sulphur Creek federal acquisition of the Preserve in Preserve is necessary for the protection, Canyon, and San Antonio Creek), as 2000; however, such alterations have preservation, and restoration of these well as seasonal fumaroles and acid not changed the thermal regime. Other resources and practices. For all of these ponds or springs. These thermal features features, such as acid ponds and reasons, the commenters supported the are also separately proposed for fumaroles, are undisturbed in natural addition of the Preserve’s thermal inclusion to the list as significant habitats. Despite some past geothermal features to the list, which will result in thermal (hydrothermal) features. exploration and drilling, the caldera increased information and consultation The NPS analyzed and determined itself as a volcanic feature remains among the NPS, BLM, the Forest that the following significance criteria unaffected in the operation of its Service, and stakeholders prior to any are applicable to every component of volcanic thermal regime, and thus leasing and development-related the caldera feature and volcanic system remains in a natural, undisturbed decisions in the area surrounding the within the Preserve. condition. Preserve, and therefore will enhance (1) Size, extent, and uniqueness: The (4) Significance to the authorized protection of the significant thermal approximately 89,000-acre Preserve purposes for which the park unit was features within the Preserve. encompasses a 1.25 million year-old created: The Preserve was established Only one commenter opposed the dormant volcanic caldera (13.7 miles in ‘‘to protect, preserve, and restore the proposal, suggesting that the NPS diameter) that lies in the center of the fish, wildlife, watershed, natural, should develop a geothermal power Jemez Mountains in northern New scientific, scenic, geologic, historic, plant within the Preserve instead. This Mexico. The youngest post-caldera cultural, archaeological, and
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recreational values of the area’’ (Pub. L. colorfully descriptive names as Kidney disturbed by development (recreational 113–291, Sec. 3043(b)(1)). The caldera is and Stomach Trouble Spring, Footbath structures, containment ponds, and an important natural, cultural, geologic Spring, Ladies’ Bathhouse Spring, other improvements as well as several resource, contributes to scientific Laxitive [sic] Spring, Turkey Spring, geothermal exploration wells (drilled understanding of the geology of the Lemonade Spring, and Electric Spring. between 1970–1984); however, such region, and also contributes to the other Some of these were historically referred alterations have not changed the values for which this NPS unit was to as Main Bathhouse Spring, Sour thermal regime. Other features, established. Spring, and Alum Spring. including the Redondo Creek fumaroles (d) Valle Grande spring: The Hydrothermal Features (steam vents in dry season and mud easternmost named spring within the pots or minor springs in wet seasons) Like Yellowstone National Park, Preserve is the Valle Grande Spring (14 are undisturbed in natural habitats. The which is also a caldera, the Preserve °C), although topographic maps indicate overall hydrothermal system remains contains multiple hydrothermal features numerous other surrounding unnamed unchanged because it was never that are related to the magma source. In springs. subjected to full-scale commercial addition, the dynamic nature of this Uniqueness—These springs and development. area means that additional fumaroles (some of which take the form hydrothermal features may develop over of bubbling mudpots in wet seasons) are (4) Significance to the authorized time. These thermal features (single or indicators of subsurface thermal purposes for which the unit was created: grouped contiguous features such as hot processes, are unique to the region, and While the enabling legislation for the spring pools) occur in four geographic are easily accessible for study and Preserve does not specifically refer to areas containing surface waters research; there are no comparable hydrothermal features or their use by (Redondo Creek, Alamo Canyon, features in the State of New Mexico. The the public, the presence and Sulphur Creek Canyon, and San only other places in the United States preservation of such features as surface Antonio Creek), as well as seasonal that have such systems are Yellowstone expressions of the subsurface volcanic fumaroles and acid ponds or springs. National Park in Wyoming, Montana, activity is consistent with the Preserve’s These hydrothermal features are and Idaho; Lassen Volcano, the Long purposes and uses. The hydrothermal therefore also added to the list as one Valley Caldera, and The Geysers in features are important natural, cultural, significant thermal feature. The NPS California, the latter two having thermal and geologic resources associated with analyzed the following significance regimes degraded by geothermal the Preserve and the Jemez Mountains, criteria for each feature listed and found production; and a very small system at contribute to scientific understanding of them to be applicable to each feature Dixie Valley, Nevada. the geology of the region, and also within the system. (2) Scientific and geologic contribute to the other values for which (1) Size, extent, and uniqueness: significance: Water, steam, and soil this system unit was established. Size—The hydrothermal features within samples from these sites have been and Conclusion: Because the Valles the Preserve are located on continue to be collected by scientists Caldera meets all four criteria as a approximately 500 acres. conducting geothermal and planetary volcanic feature, and because the Extent—(a) San Antonio Warm Spring research, and by scientists searching for hydrothermal system of the Preserve is a single spring discharging potable living organisms in extreme meets all four criteria as a hydrothermal hot water at 101 °F, over which 20th- environments. Because of its geologic feature, they are added to the list of century ranchers built an enclosed uniqueness, NPS staff will use this area significant thermal features in concrete bath adjacent to a nearby cabin. for public education, as the site accordance with the GSA (see updated This spring is located in the north- illustrates the exceptional geologic list in Figure 2). central portion of the Preserve adjacent values of the Jemez Mountains—sulfuric The addition of the Preserve as a park to the segment of the San Antonio Creek acid fumaroles, mud pots, hot springs, unit with significant thermal features within the Valle San Antonio. cold springs—all characteristics of (b) In addition, the Preserve has geologically active volcanic formations. does not automatically prohibit numerous hot and cold sulfuric acid (3) The extent to which the feature geothermal leasing, development, or fumaroles, particularly in the Alamo remains in a natural, undisturbed related activities in the area surrounding Canyon and Redondo Canyon regions. condition: San Antonio Warm Spring the Preserve. Instead, this action simply There are at least 29 fumaroles mapped has been slightly to moderately requires the NPS, BLM, USGS, and the in the Redondo and Alamo canyon disturbed by construction of U.S. Forest Service to work closely areas; see map at: http:// recreational structures, such as a cabin together and with other stakeholders to geoinfo.nmt.edu/repository/data/2011/ and a small enclosed pool, that occurred utilize available scientific, cultural, and 20110002/GM-79_mapsheet.pdf. Others prior to federal acquisition of the other information to ensure that may occur but have not been sampled Preserve in 2000, but these were geothermal leasing, permitting, or or surveyed. constructed to support the recreational development will not result in adverse (c) The Sulphur Springs area contains use of the feature. However, such effects on the significant thermal the highest temperature hot springs (189 alterations have not changed the features of Valles Caldera National °F) in the state of New Mexico; this area thermal regime. The overall Preserve. includes at least 7 significant named hot hydrothermal system activity and References springs, mud pots and fumaroles, all of temperature thus remain unchanged and which are thermally anomalous; several in a natural, undisturbed state. The A list of references considered during other acid springs and gas vents are Sulphur Springs-Alamo Canyon areas this determination is available in the cold. The springs include such were moderately to significantly notice of proposal (81 FR 95632).
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Fig.2. Updated List of Park Units Containing Significant Thermal Features in Accordance With Geothermal Steam Act, 30 U.S.C. 1026(a)
1. Aniakchak National Monument and Preserve (feature: Aniakchak Caldera (volcanic)). 2. Bering Land Bridge National Preserve (feature: Serpentine Hot Springs (hydrothermal)). 3. Big Bend National Park (including that portion of the Rio Grande National Wild and Scenic River located in the Park) (features: Spring No. 1 (hydrothermal), Spring No. 4 (hydrothermal), Hot Springs (hydrothermal)). 4. Crater Lake National Park (hydrothermal feature at bottom oflake). 5. Gates of the Arctic National Park and Preserve (feature: Reed River Hot Springs (hydrothermal)). 6. Haleakala National Park (feature: Haleakala Crater (volcanic)). 7. Hawaii Volcanoes National Park (features: Steaming Bluff and Sulpher Banks (hydrothermal), Kilauea Caldera and Halemaumau Crater (volcanic), Kilauea Ik:i Crater (volcanic), Great Crack and Southwest Rift (volcanic), East Rift Zone (volcanic), Chain of Craters (volcanic), Manna Ulu (volcanic), Pun Oo (volcanic), Mokuaweoweo Caldera and Northeast Rift Zone of Manna Loa (volcanic)). 8. Hot Springs National Park (feature: Hot Springs (hydrothermal)). 9. John D. Rockefeller, Jr. Memorial Parkway (feature: Huckleberry Hotsprings (hydrothermal)). 10. Katmai National Park and Preserve (feature: Novampta and vicinity (volcanic)). 11. Lake Claik National Park and Preserve (features: Redoubt Volcano and Iliamna Volcano (volcanic)). 12. Lake Mead National Recreational Area (features: Black Canyon Hotsprings (hydrothermal), Blue Point Spring (hydrothermal), and Rogers Spring (hydrothermal)). 13. Lassen Volcanic National Park (feature: Lassen hydrothermal system including Bumpass Hell, Little Hot Springs Valley, Sulpher Works, Devils Kitchen, Boiling Springs Lake, Drakesbad Hot Springs, and Terminal Geyser)). 14. Mount Rainier National Park (features: Mount Rainier (volcanic), fumaroles at the sununit of Mount Rainier and associated Ice Caves (hydrothermal), and Ohanapecosh Springs (hydrothermal)). 15. Valles Caldera National Preserve (features: Valles Caldera (volcanic) and hydrothermal system (hydrothermal)). 16. Wrangell-St. Elias National Park and Preserve (feature: Wrangell Volcanoes (volcanic)). 17. Yellowstone National Park (features: entire park including Old Faithful and approximately 10,000 geysers and hotsprings).
Shannon A. Estenoz, the United States in such increased FR 66360 (October 19, 2020)). In light of Principal Deputy Assistant Secretary for Fish quantities as to be a substantial cause of the restrictions on access to the and Wildlife and Parks Exercising the serious injury, or threat thereof, to the Commission building due to the Delegated Authority of the Assistant Secretary domestic industry producing an article COVID–19 pandemic, the Commission for Fish and Wildlife and Parks. like or directly competitive with the conducted its public hearing in [FR Doc. 2021–06806 Filed 4–1–21; 8:45 am] imported article. connection with the injury phase of the BILLING CODE 4312–52–P Background investigation through written testimony and video conference on January 12, Following receipt of a request from 2021.2 All persons who requested the INTERNATIONAL TRADE the United States Trade Representative opportunity were permitted to COMMISSION on September 29, 2020, the Commission participate. [Investigation No. TA–201–77] instituted this investigation pursuant to section 202 of the Trade Act of 1974 to The Commission transmitted its Fresh, Chilled, or Frozen Blueberries determine whether fresh, chilled, or determination in this investigation to frozen blueberries are being imported the President on March 29, 2021. The Determination into the United States in such increased views of the Commission are contained On the basis of the information in the quantities as to be a substantial cause of in USITC Publication 5164 (March investigation, the United States serious injury, or the threat thereof, to 2021), entitled Fresh, Chilled, or Frozen International Trade Commission the domestic industry producing an Blueberries: Investigation No. TA–201– (‘‘Commission’’) determines pursuant to article like or directly competitive with 77. the imported article. Notice of the section 202(b) of the Trade Act of 1974 By order of the Commission. that fresh, chilled, or frozen institution of the Commission’s blueberries 1 are not being imported into investigation and of the scheduling of public hearings to be held in connection 1 For Customs purposes, the products covered by therewith was given by publishing the the investigation are provided for under notice in the Federal Register (85 FR Harmonized Tariff Schedule of the United States 2 (‘‘HTSUS’’) statistical reporting numbers 64162 (October 9, 2020), amended at 85 The Commission changed the starting time of 0810.40.0024; 0810.40.0026; 0810.40.0029; this hearing from 9:30 a.m. as originally scheduled 0811.90.2024; 0811.90.2030; and 0811.90.2040. convenience, and the written description of the to 9:00 a.m. in a subsequent notice (86 FR 3195 These HTSUS numbers are provided for scope is dispositive. (January 14, 2021)).
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Issued: March 29, 2021. INTERNATIONAL TRADE INTERNATIONAL TRADE Lisa Barton, COMMISSION COMMISSION Secretary to the Commission. [Investigation No. 337–TA–1258] [FR Doc. 2021–06756 Filed 4–1–21; 8:45 am] [Investigation Nos. 731–TA–1014 and 1016 BILLING CODE 7020–02–P (Third Review)] Certain Smart Thermostat Systems, Smart HVAC Systems, Smart HVAC Polyvinyl Alcohol From China and Control Systems, and Components INTERNATIONAL TRADE Japan; Determinations Thereof; Institution of Investigation COMMISSION On the basis of the record 1 developed AGENCY: U.S. International Trade in the subject five-year reviews, the Commission. [Investigation No. 731–TA–1092 (Second ACTION: Notice. Review)] United States International Trade Commission (‘‘Commission’’) SUMMARY: Notice is hereby given that a Diamond Sawblades and Parts Thereof determines, pursuant to the Tariff Act of complaint was filed with the U.S. From China 1930 (‘‘the Act’’), that revocation of the International Trade Commission on antidumping duty orders on polyvinyl February 26, 2021, under section 337 of Determination alcohol from China and Japan would be the Tariff Act of 1930, as amended, on likely to lead to continuation or On the basis of the record 1 developed behalf of EcoFactor, Inc. of Palo Alto, recurrence of material injury to an in the subject five-year review, the California. A supplement was filed on industry in the United States within a United States International Trade March 18, 2021. The complaint, as reasonably foreseeable time. Commission (‘‘Commission’’) supplemented, alleges violations of section 337 based upon the importation determines, pursuant to the Tariff Act of Background into the United States, the sale for 1930 (‘‘the Act’’), that revocation of the importation, and the sale within the antidumping duty order on diamond The Commission instituted these reviews on April 1, 2020 (85 FR 18271) United States after importation of sawblades and parts thereof from China certain smart thermostat systems, smart would be likely to lead to continuation and determined on July 6, 2020 that it would conduct full reviews (85 FR HVAC systems, smart HVAC control or recurrence of material injury to an systems, and components thereof by industry in the United States within a 42005, July 13, 2020). Notice of the scheduling of the Commission’s reviews reason of infringement of certain claims reasonably foreseeable time. of U.S. Patent No. 8,423,322 (‘‘the ’322 and of a public hearing to be held in patent’’); U.S. Patent No. 8,019,567 (‘‘the Background connection therewith was given by ’567 patent’’); U.S. Patent No. posting copies of the notice in the Office The Commission instituted this 10,612,983 (‘‘the ’983 patent’’); U.S. of the Secretary, U.S. International review on August 3, 2020 (85 FR 46719) Patent No. 8,596,550 (‘‘the ’550 patent’’) Trade Commission, Washington, DC, and determined on November 6, 2020 and U.S. Patent No. 8,886,488 (‘‘the ’488 and by publishing the notice in the that it would conduct an expedited patent’’). The complaint further alleges Federal Register on September 22, 2020 review (86 FR 10597, February 22, that an industry in the United States (85 FR 59545). Subsequently, the 2021). exists as required by the applicable Commission cancelled its previously Federal Statute. The complainant The Commission made this scheduled hearing following a request requests that the Commission institute determination pursuant to section on behalf of domestic producers (86 FR an investigation and, after the 751(c) of the Act (19 U.S.C. 1675(c)). It 8034, February 3, 2021). investigation, issue a limited exclusion completed and filed its determination in The Commission made these order and cease and desist orders. this review on March 30, 2021. The determinations pursuant to section ADDRESSES: The complaint, except for views of the Commission are contained 751(c) of the Act (19 U.S.C. 1675(c)). It any confidential information contained in USITC Publication 5176 (March completed and filed its determinations therein, may be viewed on the 2021), entitled Diamond Sawblades and in these reviews on March 29, 2021. The Commission’s electronic docket (EDIS) Parts Thereof from China: Investigation views of the Commission are contained at https://edis.usitc.gov. For help No. 731–TA–1092 (Second Review). in USITC Publication 5173 (March accessing EDIS, please email By order of the Commission. 2021), entitled Polyvinyl Alcohol from [email protected]. Hearing impaired Issued: March 30, 2021. China and Japan: Investigation Nos. individuals are advised that information on this matter can be obtained by Lisa Barton, 731–TA–1014 and 1016 (Third Review). contacting the Commission’s TDD Secretary to the Commission. By order of the Commission. terminal on (202) 205–1810. Persons [FR Doc. 2021–06852 Filed 4–1–21; 8:45 am] Issued: March 29, 2021. with mobility impairments who will BILLING CODE 7020–02–P Lisa Barton, need special assistance in gaining access Secretary to the Commission. to the Commission should contact the Office of the Secretary at (202) 205– [FR Doc. 2021–06781 Filed 4–1–21; 8:45 am] 2000. General information concerning BILLING CODE 7020–02–P the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of Docket 1 The record is defined in § 207.2(f) of the 1 The record is defined in § 207.2(f) of the Services, U.S. International Trade Commission’s Rules of Practice and Procedure (19 Commission’s Rules of Practice and Procedure (19 Commission, telephone (202) 205–1802. CFR 207.2(f)). CFR 207.2(f)). SUPPLEMENTARY INFORMATION:
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Authority: The authority for Resideo Technologies, Inc., 901 E 6th DEPARTMENT OF JUSTICE institution of this investigation is Street, Austin, Texas 78702 Drug Enforcement Administration contained in section 337 of the Tariff Johnson Controls International, PLC, Act of 1930, as amended, 19 U.S.C. One Albert Quay, Cork, Ireland, T12 [Docket No. 20–34] 1337, and in section 210.10 of the X8N6 Commission’s Rules of Practice and Brenton D. Goodman, M.D.; Decision Procedure, 19 CFR 210.10 (2020). Siemens Industry, Inc., 1000 Deerfield and Order Scope of Investigation: Having Pkwy., Buffalo Grove, IL 60089 On August 19, 2020, the Assistant considered the complaint, the U.S. Siemens AG, Werner-von-Siemens-Str. Administrator, Diversion Control International Trade Commission, on 1, 80333 Munich, Germany March 30, 2021, ordered that— Division, Drug Enforcement (1) Pursuant to subsection (b) of (3) For the investigation so instituted, Administration (hereinafter, DEA or section 337 of the Tariff Act of 1930, as the Chief Administrative Law Judge, Government), issued an Order to Show amended, an investigation be instituted U.S. International Trade Commission, Cause (hereinafter, OSC) to Brenton D. to determine whether there is a shall designate the presiding Goodman, M.D. (hereinafter, Respondent) of Lafayette, Indiana. OSC, violation of subsection (a)(1)(B) of Administrative Law Judge. at 1. The OSC proposed the revocation section 337 in the importation into the The Office of Unfair Import of Respondent’s Certificate of United States, the sale for importation, Investigations will not participate as a Registration No. FG7707409. It alleged or the sale within the United States after party in this investigation. that Respondent is without ‘‘authority to importation of certain products handle controlled substances in the identified in paragraph (2) by reason of Responses to the complaint and the State of Indiana, the state in which infringement of one or more of claims 1, notice of investigation must be [Respondent is] registered with the 2, 5, and 7 of the ’322 patent; claims 1, submitted by the named respondents in DEA.’’ OSC, at 2 (citing 21 U.S.C. 2, 5, 7, 15, 16, 19, and 20 of the ’567 accordance with section 210.13 of the Commission’s Rules of Practice and 824(a)(3)). patent; claims 1–3, and 16–18 of the Specifically, the OSC alleged that ’983 patent; claims 1, 5–7, 9, 13–15, and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), as Respondent’s Indiana medical license 17 of the ’550 patent and claims 1, 2, 5, and Indiana controlled substances amended in 85 FR 15798 (March 19, 7–10, and 13–15 of the ’488 patent; and registration had both expired, leaving 2020), such responses will be whether an industry in the United Respondent without authority to handle States exists as required by subsection considered by the Commission if controlled substances in the State of (a)(2) of section 337; received not later than 20 days after the Indiana. Id. (2) Pursuant to section 210.10(b)(1) of date of service by the complainant of the The OSC notified Respondent of the the Commission’s Rules of Practice and complaint and the notice of right to request a hearing on the Procedure, 19 CFR 210.10(b)(1), the investigation. Extensions of time for allegations or to submit a written plain language description of the submitting responses to the complaint statement, while waiving the right to a accused products or category of accused and the notice of investigation will not hearing, the procedures for electing each products, which defines the scope of the be granted unless good cause therefor is option, and the consequences for failing investigation, is ‘‘smart thermostat shown. to elect either option. Id. (citing 21 CFR systems, smart HVAC systems, smart Failure of a respondent to file a timely 1301.43). The OSC also notified HVAC control systems, and components Respondent of the opportunity to thereof’’; response to each allegation in the complaint and in this notice may be submit a corrective action plan. OSC, at (3) For the purpose of the 3 (citing 21 U.S.C. 824(c)(2)(C)). investigation so instituted, the following deemed to constitute a waiver of the By letter dated September 22, 2020, are hereby named as parties upon which right to appear and contest the Respondent timely requested a hearing.1 this notice of investigation shall be allegations of the complaint and this Hearing Request, at 1. According to the served: notice, and to authorize the Hearing Request, Respondent denied (a) The complainant is: EcoFactor, administrative law judge and the that his Indiana medical license was Inc., 441 California Avenue, Number 2, Commission, without further notice to expired and claimed that his Indiana Palo Alto, CA 94301. the respondent, to find the facts to be as controlled substance registration was in (b) The respondents are the following alleged in the complaint and this notice the administrative process of being entities alleged to be in violation of and to enter an initial determination renewed. Id. He further requested that section 337, and are the parties upon and a final determination containing the hearing be delayed ‘‘to afford which the complaint is to be served: such findings, and may result in the Registrant a reasonable opportunity to ecobee Ltd., 25 Dockside Dr., Suite 600, issuance of an exclusion order or a cease be heard before the Indiana Board of Toronto, ON M5A 0B5, Canada and desist order or both directed against Pharmacy’’ regarding the renewal of his ecobee, Inc., 25 Dockside Dr., Suite 600, the respondent. Indiana controlled substance registration. Id. Toronto, ON M5A 0B5, Canada By order of the Commission. Google LLC, 1600 Amphitheatre The Office of Administrative Law Parkway, Mountain View, California Issued: March 30, 2021. Judges put the matter on the docket and 94043 Lisa Barton, assigned it to Chief Administrative Law Carrier Global Corporation, 13995 Secretary to the Commission. Judge John J. Mulrooney (hereinafter, Pasteur Boulevard, Palm Beach [FR Doc. 2021–06846 Filed 4–1–21; 8:45 am] the Chief ALJ). The Chief ALJ issued a Gardens, Florida 33418 BILLING CODE 7020–02–P Briefing Order, dated September 23, Emerson Electric Co., 8000 W Florissant Ave., P.O. Box 4100, St. Louis, 1 The Hearing Request was filed on September 22, 2020. Order for Supplemental Briefing, at 1. I find Missouri 63136 that the Government’s service of the OSC was Honeywell International Inc., 300 South adequate and that the Hearing Request was timely Tryon Street, Charlotte, NC 28202 filed on September 22, 2020.
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2020, directing the parties to brief the authority as a practitioner in Indiana, Respondent’s medical license is on Government’s allegation that the there is no other fact of consequence for indefinite probation. Id. Specifically, Respondent lacked state authority and this tribunal to decide in order to the Government submitted as evidence denying the Respondent’s request for a determine whether or not he is entitled an Order issued by the Indiana Medical stay. Order Granting Summary to hold a [DEA Certificate of Board on June 28, 2019, which placed Disposition and Recommended Rulings, Registration].’’ RD, at 7. The ALJ Respondent’s Indiana medical license Findings of Fact, Conclusions of Law, recommended that Respondent’s DEA on indefinite probation and included a and Decision dated January 13, 2021 Certificate of Registration be revoked provision that prohibited Respondent (hereinafter, Recommended Decision or based on his lack of state authority. Id. from having ‘‘access to Schedules I RD), at 2. The Government timely By letter dated February 28, 2021, the through V Controlled Substances, complied with the Briefing Order by ALJ certified and transmitted the record except for medications prescribed to filing a Motion for Summary Disposition to me for final Agency action. In that him by a treating physician for (hereinafter, Government MSD) on letter, the ALJ advised that neither party Respondent’s recovery or medical October 8, 2020. Id. In its motion, the filed exceptions. needs’’ for the first two years of Government presented evidence that I issue this Decision and Order based probation. MSD, Exhibit 4 (Indiana demonstrated that Respondent lacks on the entire record before me. 21 CFR Medical Board Order),3 at 3. Respondent authority to handle controlled 1301.43(e). I make the following further submitted evidence that the substances in Indiana, the state in findings of fact. Indiana Board of Pharmacy had adopted which he is registered with the DEA and Findings of Fact the Indiana Medical Board Order, which argued that, therefore, DEA must revoke included all of the provisions of his his registration. Government MSD, at 3. Respondent’s DEA Registration probation, including the same Respondent answered the Government Respondent is the holder of DEA restriction on access to controlled MSD in a Response in Opposition to Certificate of Registration No. substances. Status Update, Exhibit 1, at Government’s Motion for Summary FG7707409 at the registered address of 1. Disposition (hereinafter, Respondent’s 5165 McCarty Lane, Lafayette, IN 47905. According to Indiana’s online records, Response) in which Respondent argued Government MSD, Exhibit 1 of which I take official notice, both that ‘‘certain procedural and substantive (Certification of Registration Status), at Respondent’s Indiana medical license defects’’ of the Government’s argument 1. Pursuant to this registration, and Indiana controlled substances ‘‘cannot be ignored.’’ Respondent’s Respondent is authorized to dispense registration are listed as on indefinite 4 Response, at 2–3. Specifically, controlled substances in schedules II probation. http:// Respondent argued that in the course of through V as a practitioner. Id. www.mylicense.in.gov/everification (last proceedings, the Government’s theory of Respondent’s registration expires on visited date of signature of this Order). the case had changed such that September 30, 2021. Id. Accordingly, I find that Respondent is Respondent was ‘‘deprived of due currently restricted from access to process guaranteed to him under the The Status of Respondent’s State controlled substances in Indiana, the United States Constitution and the License state in which Respondent is registered applicable statutes, rules and At the time DEA issued its OSC, with the DEA. regulations.’’ Id. at 3. Additionally, Respondent’s Indiana medical license Discussion Respondent objected to the and Indiana controlled substances Government’s introduction of what registration were both expired. MSD, at Pursuant to 21 U.S.C. 824(a)(3), the Respondent claimed was ‘‘hearsay 3. Respondent has since renewed his Attorney General is authorized to evidence that lacks appropriate state medical license; 2 however, under suspend or revoke a registration issued foundation for authenticity.’’ Id. at 7. the terms of a previous order, under section 823 of the Controlled Finally, the Respondent argued that the Substances Act (hereinafter, CSA) Government had not demonstrated that 2 Respondent notes that the Government added to ‘‘upon a finding that the registrant . . . he had had his medical license and its foundation for revocation the fact that has had his State license or registration Respondent’s medical license is currently on controlled substance registration probation after the OSC was issued, and argues that 3 It is noted that, although Respondent challenges ‘‘suspended, revoked, or denied by the addition of this fact at this stage impeded some of the Government’s supporting Respondent’s Constitutional right to due process of competent State authority,’’ and argued documentation, he does not appear to challenge the law. Respondent’s Response, at 3–6. Although it is that the limitation on his ‘‘access’’ to legitimacy or text of this Order, which is the noted that the Indiana Medical Board’s Order was controlled substances did not limit his in effect at the time of the issuance of the OSC, the primary document in the Government’s evidence on prescribing authority. Id. at 9. status of Respondent’s medical license and which I am relying in this decision. See On January 7, 2021, Respondent filed controlled substances registration at the time was Respondent’s Response, at 3 and Respondent’s Affidavit. a ‘‘Belated Notice of Registrant’s Current expired, and it was the intervening act of Respondent on or about September 14, 2020, to 4 Under the Administrative Procedure Act, an Status’’ (hereinafter, Status Update), renew his controlled substances registration, agency ‘‘may take official notice of facts at any stage which stated that the Indiana Board of following the issuance of the OSC, that changed his in a proceeding—even in the final decision.’’ Pharmacy had issued a Decision status. See Respondent’s Response, Exhibit United States Department of Justice, Attorney regarding Respondent’s Indiana (Respondent’s Affidavit), at 1. The agency has General’s Manual on the Administrative Procedure frequently determined that an OSC does not need Act 80 (1947) (Wm. W. Gaunt & Sons, Inc., Reprint controlled substances registration and to be amended to account for loss of state authority 1979). Pursuant to 5 U.S.C. 556(e), ‘‘[w]hen an argued that the DEA proceeding was grounds. See e.g., Hatem M. Ataya, M.D., 81 FR agency decision rests on official notice of a material now moot. Status Update, at 1. The 8221, 8244 (2016). Furthermore, by virtue of fact not appearing in the evidence in the record, a Status Update included a copy of the Respondent’s arguments in his response, I find that party is entitled, on timely request, to an Respondent has had an opportunity to contest both opportunity to show the contrary.’’ Accordingly, Board’s Decision, which stated that it the legal and factual predicates of the Government’s Respondent may dispute my finding by filing a was ‘‘adopt[ing] the June 28, 2019 case. See e.g., Duane v. Dep’t of Defense, 275 F.3d properly supported motion for reconsideration of Medical Board Order.’’ Status Update 988, 993–96 (10th Cir. 2002); Abercrombie v. findings of fact within fifteen calendar days of the Exhibit 1, at 1. Clarke, 920 F.2d 1351, 1360 (7th Cir. 1990), cert. date of this Order. Any such motion and response On January 13, 2021, the ALJ granted denied, 502 U.S. 809, 112 S.Ct. 52, 116 L.Ed.2d 29 shall be filed and served by email to the other party (1991))(‘‘Absent evidence that a party is misled by and to Office of the Administrator, Drug the Government MSD finding that an administrative complaint, resulting in Enforcement Administration at because ‘‘the Respondent does not have ‘prejudicial error,’ we shall not reverse.’’) [email protected].
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suspended . . . [or] revoked . . . by (1988); Frederick Marsh Blanton, 43 FR Furthermore, because ‘‘the controlling competent State authority and is no at 27,617. question’’ in a proceeding brought longer authorized by State law to engage Respondent makes two primary under 21 U.S.C. 824(a)(3) is whether the in the . . . dispensing of controlled arguments related to the Indiana Board holder of a practitioner’s registration ‘‘is substances.’’ With respect to a of Medicine’s Order: (1) That the currently authorized to handle practitioner, the DEA has also long held Indiana Board of Medicine has no controlled substances in the state,’’ that the possession of authority to authority to restrict Respondent’s Hooper, 76 FR at 71,371 (quoting Anne dispense controlled substances under prescribing, Respondent’s Response, at Lazar Thorn, 62 FR 12,847, 12,848 the laws of the state in which a 9–10; and (2) that the term ‘‘access’’ in (1997)), the Agency has also long held practitioner engages in professional the Indiana Board of Medicine Order that revocation is warranted even where practice is a fundamental condition for was ‘‘in reference to controlled a practitioner is still challenging the obtaining and maintaining a substances that Affiant would be in underlying action or where the state action is temporary. Kambiz Haghighi, practitioner’s registration. See, e.g., possession of for personal use,’’ Respondent’s Response, Respondent’s M.D., 85 FR 5989 (2020); Bourne James L. Hooper, M.D., 76 FR 71,371 Affidavit, at 2. In regard to the first Pharmacy, 72 FR 18,273, 18,274 (2007); (2011), pet. for rev. denied, 481 F. App’x argument, Respondent submitted Wingfield Drugs, 52 FR 27,070, 27,071 826 (4th Cir. 2012); Frederick Marsh evidence that the Indiana Board of (1987). Thus, it is of no consequence Blanton, M.D., 43 FR 27,616, 27,617 Pharmacy had adopted the same terms that the action is temporary. What is (1978). of probation; and therefore, I find this consequential is my finding that This rule derives from the text of two argument to be mooted because the Respondent is not currently authorized provisions of the CSA. First, Congress entity that Respondent claimed had the to dispense controlled substances in defined the term ‘‘practitioner’’ to mean appropriate jurisdiction has now acted. Indiana, the state in which he is ‘‘a physician . . . or other person See Status Update, Exhibit 1, at 1. registered. licensed, registered, or otherwise Further, I agree with the Chief ALJ’s According to Indiana statute, ‘‘[e]very permitted, by . . . the jurisdiction in finding that Respondent’s interpretation person who dispenses or proposes to which he practices ..., to distribute, of the Indiana Board of Medicine’s dispense any controlled substance dispense, . . . [or] administer . . . a restrictions on his ‘‘access’’ to within Indiana must have a registration controlled substance in the course of controlled substances as permitting him issued by the [Indiana Board of professional practice.’’ 21 U.S.C. to continue to prescribe controlled Pharmacy] in accordance with the 802(21). Second, in setting the substances contradicts the plain board’s rules.’’ Ind. Code § 35–48–3–3(b) requirements for obtaining a language of such terms. RD, at 5 (citing (2021). ‘‘Dispense’’ means ‘‘to deliver a controlled substance to an ultimate user practitioner’s registration, Congress Respondent’s Response, at 3, 6, 9). The or research subject by or pursuant to the directed that ‘‘[t]he Attorney General Board’s Order states that Respondent lawful order of a practitioner and shall register practitioners . . . if the shall not have ‘‘access to Schedules I includes the prescribing, administering, applicant is authorized to dispense . . . through V Controlled Substances, packaging, labeling, or compounding controlled substances under the laws of except for medications prescribed to him by a treating physician for necessary to prepare the substance for the State in which he practices.’’ 21 that delivery.’’ Ind. Code § 35–28–1–12 U.S.C. 823(f). Because Congress has Respondent’s recovery or medical needs.’’ MSD, Exhibit 4, at 3. (2021). clearly mandated that a practitioner Additionally, as discussed herein, possess state authority in order to be The plain language of this provision makes there is direct evidence on the record deemed a practitioner under the CSA, the drafters’ intent crystal clear: the that the terms of Respondent’s probation limitations regarding his access to controlled the DEA has held repeatedly that explicitly prohibit him from access to revocation of a practitioner’s registration substances do not apply to controlled medications prescribed for his benefit, but controlled substances in Indiana. See is the appropriate sanction whenever he apply to any controlled substances he may Status Update, Exhibit 1, at 1; see also is no longer authorized to dispense encounter outside that scenario (to wit, MSD, Exhibit 4. controlled substances under the laws of medications that he might have occasion to Here, the undisputed evidence in the the state in which he practices.5 See, prescribe or administer). Thus, the record is that Respondent currently e.g., James L. Hooper, 76 FR at 71,371– Respondent’s position that the [Indiana lacks authority to dispense controlled 72; Sheran Arden Yeates, M.D., 71 FR Medical Board] used the term ‘‘access’’ in substances in Indiana. As already 39,130, 39,131 (2006); Dominick A. that clause only to describe controlled discussed, a physician must hold a medications that might come ‘‘in[to his] Ricci, M.D., 58 FR 51,104, 51,105 (1993); possession [ ] for personal use’’ makes no controlled substances registration to Bobby Watts, M.D., 53 FR 11,919, 11,920 sense, because the plain language of that dispense a controlled substance in clause already addresses drugs prescribed for Indiana. Thus, because Respondent 5 I reject the Respondent’s arguments related to his treatment. A contrary interpretation lacks authority to handle controlled the distinction between expiration and suspension would indulge the unlikely supposition that substances in Indiana, Respondent is or revocation of the registrant’s state authority as the [Indiana Medical Board] was making a not eligible to maintain a DEA inconsistent with long-established DEA decisions, provision designed to regulate controlled registration. Accordingly, I will order including the case to which he cited in support of substances he possesses without a his argument. See William D. Levitt, 64 FR 49,822, prescription (i.e., abuse them). 49,823 (1999) (because ‘‘state authorization was 6 physician for this Board’s review.’’ MSD, Exhibit 4, clearly intended to be a prerequisite to DEA RD, at 5. at 6. If the Indiana Medical Board intended for registration, Congress could not have intended for Respondent to be able to prescribe under the DEA to maintain a registration if a registrant is no 6 I find that the Chief ALJ’s reading is further restricted access provision in the first two years of longer authorized by the state in which he practices bolstered by the additional terms of the Indiana his probation, it would make little sense for the to handle controlled substances due to the Medical Board’s Order, which state that once the terms to have omitted a similar provision requiring expiration of his state license.’’) Additionally, initial two year probation period has ended and such reports on his prescribing. The fact that the Respondent’s argument is irrelevant, because the Respondent has met certain conditions, his medical reporting provision appears as the probation facts on the record here demonstrate that both the license will be then be subject to a ‘‘subsequent becomes more lenient, further demonstrates that the Pharmacy Board and the Medical Board of Indiana probation,’’ which includes that ‘‘Respondent shall Indiana Medical Board did not intend for placed a restriction on Respondent’s access to submit Quarterly Reports and Inspect Reports for Respondent to be able to prescribe for the beginning controlled substances. both himself as a patient and as a prescribing two years of probation.
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that Respondent’s DEA registration be CFR 1301.43). The OSC also notified that Registrant’s ‘‘Certificate of revoked. Registrant of the opportunity to submit Registration as a practitioner be revoked a corrective action plan. OSC, at 3 and his application for renewal denied, Order (citing 21 U.S.C. 824(c)(2)(C)). based on [Registrant’s] lack of state Pursuant to 28 CFR 0.100(b) and the Adequacy of Service authority.’’ RFAA, at 5. authority vested in me by 21 U.S.C. Based on the DI’s Declaration, the 824(a), I hereby revoke DEA Certificate In a Declaration dated March 9, 2021, Government’s written representations, of Registration No. FG7707409 issued to a Diversion Investigator (hereinafter, DI) and my review of the record, I find the Brenton D. Goodman. Further, pursuant assigned to the DEA Miami Field Government’s attempts to serve to 28 CFR 0.100(b) and the authority Division, Tampa District Office, stated Registrant were legally sufficient. Due vested in me by 21 U.S.C. 823(f), I that the first attempt to serve the OSC process does not require actual notice. hereby deny any pending application of to Registrant at his registered address Jones v. Flowers, 547 U.S. 220, 226 Brenton D. Goodman to renew or was ‘‘returned via USPS as (2006). ‘‘[I]t requires only that the modify this registration, as well as any undeliverable as [Registrant] was no Government’s effort be reasonably other application of Brenton D. longer at the address and he left no calculated to apprise a party of the Goodman, for additional registration in forwarding information.’’ Request for pendency of the action.’’ Dusenbery v. Indiana. This Order is effective May 3, Final Agency Action (hereinafter, United States, 534 U.S. 161, 170 (2002) 2021. RFAA), App. 6 (Declaration of DI), at 2; (internal quotations omitted). In this see also App. 5 (Copy of Return to case, the Government first attempted to D. Christopher Evans, Sender Envelope). The DI further stated Acting Administrator. serve Registrant by mail to his registered that following the first unsuccessful address. When the OSC was returned as [FR Doc. 2021–06801 Filed 4–1–21; 8:45 am] service attempt, he and others from the undeliverable because Registrant was no BILLING CODE 4410–09–P Tampa District Office attempted to longer at the address and left no contact and personally serve the OSC on forwarding information, the Registrant at ‘‘addresses obtained from DEPARTMENT OF JUSTICE Government attempted to personally queries made of numerous online public serve Registrant at his registered databases for [Registrant’s] address.’’ Id. Drug Enforcement Administration address, his identified residences, and The DI went on to detail the multiple the address known to be owned and Kendrick E. Duldulao, M.D.; Decision attempts to personally serve the OSC on occupied by Registrant’s parents, all of and Order Registrant at the various addresses on which were locations where the February 1, 2021. Id. On February 1, On January 29, 2021, the Assistant Government reasonably believed 2021, the DI and others from the Tampa Registrant would be located. ‘‘[T]he Due Administrator, Diversion Control District Office ‘‘travelled to an address Division, Drug Enforcement Process Clause does not require . . . know[n] to be owned and occupied by heroic efforts by the Government’’ to Administration (hereinafter, [Registrant’s] parents’’ and ‘‘despite Government), issued an Order to Show find Registrant. Id. I find, therefore, that multiple efforts to knock on the door under the circumstances, the Cause (hereinafter, OSC) to Kendrick E. and placing a phone call to the address, Government’s efforts to notify Registrant Duldulao, M.D. (hereinafter, Registrant) no contact was made with the occupants of the OSC were reasonable and of Tampa, Florida. OSC, at 1. The OSC of the home.’’ Id. Additionally, on satisfied due process. See Frederick proposed the revocation of Registrant’s February 1, 2021, the DI and another Silvers, M.D., 85 FR 45,442, 45,443 Certificate of Registration No. from the Tampa District Office FD0005593. It alleged that Registrant is (2020). ‘‘travelled to an address identified as I also find that more than thirty days without ‘‘authority to handle controlled [Registrant’s] residence’’ and ‘‘were told have now passed since the Government substances in Florida, the state in which [Registrant] no longer lived there.’’ Id. accomplished service of the OSC. [Registrant is] registered with DEA.’’ Finally, on February 1, 2021, the DI and Further, based on the Government’s OSC, at 2 (citing 21 U.S.C. 824(a)(3)). others from the Tampa District Office written representations, I find that Specifically, the OSC alleged that on 1 ‘‘travelled to an address identified as neither Registrant, nor anyone or about May 23, 2019, the U.S. District [Registrant’s] residence’’ and ‘‘were told Court for the Middle District of Florida purporting to represent the Registrant, that [Registrant] no longer lived there.’’ requested a hearing, submitted a written found Registrant guilty of one count of Id. The DI concluded that ‘‘during [the] Conspiracy to Distribute and Dispense statement while waiving Registrant’s attempts to serve [Registrant]’’ he was right to a hearing, or submitted a Controlled Substances in violation of 21 informed that ‘‘[Registrant’s] registered U.S.C. 846. OSC, at 1. Following the corrective action plan. Accordingly, I address was permanently closed.’’ Id. find that Registrant has waived the right conviction, the State of Florida The Government forwarded its RFAA, to a hearing and the right to submit a Department of Health (hereinafter, the along with the evidentiary record, to written statement and corrective action Florida Department of Health) issued an this office on March 10, 2021. In its plan. 21 CFR 1301.43(d) and 21 U.S.C. Order of Emergency Suspension of RFAA, the Government represents that 824(c)(2)(C). I, therefore, issue this License on November 18, 2019. OSC, at ‘‘more than thirty days have passed Decision and Order based on the record 2. This Order, according to the OSC, since the Order to Show Cause was submitted by the Government, which immediately restricted Registrant’s served on [Registrant] and no request for constitutes the entire record before me. Florida medical license based on the hearing has been received by DEA.2 21 CFR 1301.43(e). Registrant’s conviction. Id. RFAA, at 1. The Government requests The OSC notified Registrant of the Findings of Fact right to request a hearing on the 1 It appears from the language of the Declaration, allegations or to submit a written that the DI attempted service at two separate Registrant’s DEA Registration statement, while waiving the right to a potential residences of Registrant on February 1, Registrant is the holder of DEA 2021, in addition to Registrant’s parents’ address. hearing, the procedures for electing each 2 The Government also represents that DEA has Certificate of Registration No. option, and the consequences for failing not received ‘‘any other correspondence of [sic] FD0005593 at the registered address of to elect either option. Id. at 2 (citing 21 filing’’ from Registrant. RFAA, at 3. 14495 University Cove Place, Tampa, FL
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33613. RFAA, App. 7, at 1 (Printout of practice of medicine in Florida, the state dispense . . . a controlled substance.’’ Registration database). Pursuant to this in which Registrant is registered with Fla. Stat. Ann. § 893.05(1)(a) (West, registration, Registrant is authorized to the DEA. current with chapters from the 2020 dispense controlled substances in Second Regular Session of the 26th Discussion schedules II through V as a practitioner. Legislature in effect through May 18, Id. Registrant’s registration is in Pursuant to 21 U.S.C. 824(a)(3), the 2020). Further, ‘‘practitioner,’’ as ‘‘renewal pending’’ status. Id. at 1. Attorney General is authorized to defined by Florida statute, includes ‘‘a suspend or revoke a registration issued physician licensed under chapter 458.’’ The Status of Registrant’s State License under section 823 of the Controlled Fla. Stat. Ann. § 893.02(23) (West, On November 18, 2019, the Florida Substances Act (hereinafter, CSA) current with chapters from the 2020 Department of Health issued an Order of ‘‘upon a finding that the registrant . . . Second Regular Session of the 26th Emergency Suspension of License has had his State license or registration Legislature in effect through May 18, (hereinafter, Emergency Suspension). suspended . . . [or] revoked . . . by 2020).4 RFAA, App. 4, at 1 and 3. According to competent State authority and is no Here, the undisputed evidence in the the Emergency Suspension, on or about longer authorized by State law to engage record is that Registrant’s license to May 23, 2019, Registrant was found in the . . . dispensing of controlled practice medicine is currently guilty by the U.S. District Court for the substances.’’ With respect to a suspended. As such, he is not a Middle District of Florida of one count practitioner, the DEA has also long held ‘‘practitioner’’ as that term is defined by of Conspiracy to Distribute and that the possession of authority to Florida statute. As already discussed, Dispense Controlled Substances, ‘‘not dispense controlled substances under however, a physician must be a for a legitimate medical purpose and not the laws of the state in which a practitioner to dispense a controlled in the course of professional practice in practitioner engages in professional substance in Florida. Thus, because violation of 21 U.S.C. 846.’’ Id. at 2. practice is a fundamental condition for Registrant lacks authority to practice According to the Emergency obtaining and maintaining a medicine in Florida, he is not currently Suspension, Florida State law provides practitioner’s registration. See, e.g., authorized to handle controlled that the Florida Department of Health James L. Hooper, M.D., 76 FR 71,371 substances in Florida. Accordingly, I shall issue an Emergency Suspension of (2011), pet. for rev. denied, 481 F. App’x will order that Registrant’s DEA ‘‘any person licensed under Chapter 826 (4th Cir. 2012); Frederick Marsh registration be revoked. Blanton, M.D., 43 FR 27,616, 27,617 458, Florida Statutes [ ], who pleads Order guilty to, is convicted or found guilty of, (1978). or who enters a plea of nolo contendere This rule derives from the text of two Pursuant to 28 CFR 0.100(b) and the to, regardless of adjudication, to [sic] a provisions of the CSA. First, Congress authority vested in me by 21 U.S.C. defined the term ‘‘practitioner’’ to mean felony under 21 U.S.C. 846.’’ Id. The 824(a), I hereby revoke DEA Certificate ‘‘a physician . . . or other person Emergency Suspension ordered of Registration No. FD0005593 issued to licensed, registered, or otherwise Registrant’s license to practice as a Kendrick E. Duldulao. Further, pursuant permitted, by . . . the jurisdiction in physician to be ‘‘immediately to 28 CFR 0.100(b) and the authority which he practices ..., to distribute, suspended.’’ Id. at 3. vested in me by 21 U.S.C. 823(f), I dispense, . . . [or] administer . . . a According to Florida’s online records, hereby deny any pending application of controlled substance in the course of of which I take official notice, Kendrick E. Duldulao to renew or professional practice.’’ 21 U.S.C. Registrant’s license is still suspended.3 modify this registration, as well as any 802(21). Second, in setting the Florida Department of Health License other application of Kendrick E. requirements for obtaining a Duldulao, for additional registration in Verification, https://mqa- practitioner’s registration, Congress internet.doh.state.fl.us/ Florida. This Order is effective May 3, directed that ‘‘[t]he Attorney General 2021. MQASearchServices/ shall register practitioners . . . if the HealthCareProviders (last visited date of applicant is authorized to dispense . . . D. Christopher Evans, signature of this Order). Florida’s online controlled substances under the laws of Acting Administrator. records show that Registrant’s medical the State in which he practices.’’ 21 [FR Doc. 2021–06799 Filed 4–1–21; 8:45 am] license is under emergency suspension U.S.C. 823(f). Because Congress has BILLING CODE 4410–09–P and that Registrant is not authorized in clearly mandated that a practitioner Florida to practice medicine. Id. possess state authority in order to be Accordingly, I find that Registrant deemed a practitioner under the CSA, DEPARTMENT OF JUSTICE currently is not licensed to engage in the the DEA has held repeatedly that Notice of Lodging of Proposed revocation of a practitioner’s registration 3 Under the Administrative Procedure Act, an Consent Decree Under CERCLA agency ‘‘may take official notice of facts at any stage is the appropriate sanction whenever he in a proceeding—even in the final decision.’’ is no longer authorized to dispense On March 29, 2021, the Department of United States Department of Justice, Attorney controlled substances under the laws of Justice lodged a proposed Consent General’s Manual on the Administrative Procedure the state in which he practices. See, e.g., Decree with the United States District Act 80 (1947) (Wm. W. Gaunt & Sons, Inc., Reprint 1979). Pursuant to 5 U.S.C. 556(e), ‘‘[w]hen an James L. Hooper, 76 FR at 71,371–72; Court for the Northern District of New agency decision rests on official notice of a material Sheran Arden Yeates, M.D., 71 FR York in the lawsuit entitled United fact not appearing in the evidence in the record, a 39,130, 39,131 (2006); Dominick A. States of America v. Cross Nicastro, party is entitled, on timely request, to an Ricci, M.D., 58 FR 51,104, 51,105 (1993); Civil Case No. 6:17–cv–00745–GTS– opportunity to show the contrary.’’ Accordingly, Registrant may dispute my finding by filing a Bobby Watts, M.D., 53 FR 11,919, 11,920 ATB. properly supported motion for reconsideration of (1988); Frederick Marsh Blanton, 43 FR The proposed settlement resolves the finding of fact within fifteen calendar days of the at 27,617. United States’ claims under Section 107 date of this Order. Any such motion and response According to Florida statute, ‘‘A of the Comprehensive Environmental shall be filed and served by email to the other party and to Office of the Administrator, Drug practitioner, in good faith and in the Response, Compensation and Liability Enforcement Administration at course of his or her professional practice [email protected]. only, may prescribe, administer, [or] 4 Chapter 458 regulates medical practice.
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Act, 42 U.S.C. 9607, against Cross DEPARTMENT OF LABOR OSHA, U.S. Department of Labor, Nicastro, for recovery of response costs telephone (202) 693–2222. incurred at the Frankfort Asbestos Occupational Safety and Health SUPPLEMENTARY INFORMATION: Superfund Site. The settlement also Administration I. Background resolves Defendant’s liability under [Docket No. OSHA–2011–0196] Section 106(b), 42 U.S.C. 9606(b), and The Department of Labor, as part of Section 107(c)(3), 42 U.S.C. 9607(c)(3). The Vinyl Chloride Standard; the continuing effort to reduce The Site is located at 3720 Southside Extension of the Office of Management paperwork and respondent (i.e., Road (Old New York State 5S), and Budget’s (OMB) Approval of employer) burden, conducts a preclearance consultation program to approximately one mile northwest of Information Collection (Paperwork) Requirements provide the public with an opportunity the Town of Frankfort, in Herkimer to comment on proposed and County, New York. Under the proposed AGENCY: Occupational Safety and Health continuing collection of information in Consent Decree, Cross Nicastro will pay Administration (OSHA), Labor. accordance with the Paperwork $135,000 in past response costs, civil ACTION: Request for public comments. Reduction Act (PRA) (44 U.S.C. penalties, and damages to resolve the 3506(c)(2)(A)). This program ensures United States’ claims. SUMMARY: OSHA solicits public that information is in the desired The publication of this notice opens comments concerning the proposal to format, reporting burden (time and extend the Office of Management and a period for public comment on the costs) is minimal, collection Budget’s (OMB) approval of the Consent Decree. Comments should be instruments are clearly understood, and information collection requirements addressed to the Assistant Attorney OSHA’s estimate of the information specified in the Vinyl Chloride collection burden is accurate. The General, Environment and Natural Standard. Resources Division, and should refer to Occupational Safety and Health Act of United States of America v. Cross DATES: Comments must be submitted 1970 (OSH Act) (29 U.S.C. 651 et seq.) authorizes information collection by Nicastro, Case No. 6:17–cv–00745– (postmarked, sent, or received) by June employers as necessary or appropriate GTS–ATB, D.J. Ref. No. 90–11–3–10738/ 1, 2021. for enforcement of the Act or for 3. All comments must be submitted no ADDRESSES: Electronically: You may submit developing information regarding the later than thirty (30) days after the causes and prevention of occupational publication date of this notice. comments, including attachments, electronically at http:// injuries, illnesses, and accidents (29 Comments may be submitted either by www.regulations.gov, the Federal U.S.C. 657). The OSH Act also requires email or by mail: eRulemaking Portal. Follow the OSHA to obtain such information with instructions online for submitting minimum burden upon employers, To submit especially those operating small comments: Send them to: comments. Docket: To read or download businesses, and to reduce to the By email ...... pubcomment-ees.enrd@ comments or other material in the maximum extent feasible, unnecessary usdoj.gov. docket, go to http:// duplication of efforts in obtaining By mail ...... Assistant Attorney General, www.regulations.gov. Documents in the information (29 U.S.C. 657). U.S. DOJ—ENRD, P.O. docket are listed in the http:// The Standard specifies a number of Box 7611, Washington, DC www.regulations.gov index; however, paperwork requirements. The following 20044–7611. some information (e.g., copyrighted is a brief description of the collection of material) is not publicly available to information requirements contained in During the public comment period, read or download through the website. the Vinyl Chloride (VC) Standard. the Consent Decree may be examined All submissions, including copyrighted (A) Exposure Monitoring and downloaded at this Justice material, are available for inspection (§ 1910.1017(d)) and (§ 1910.1017(n)) through the OSHA Docket Office. Department website: http:// Paragraph 1910.1017(d)(2) requires Contact the OSHA Docket Office for www.justice.gov/enrd/consent-decrees. employers to conduct exposure assistance in locating docket We will provide a paper copy of the monitoring at least quarterly if the submissions. Consent Decree upon written request results show that worker exposures are Instructions: All submissions must and payment of reproduction costs. above the permissible exposure limit include the agency name and the OSHA Please mail your request for a paper (PEL), while those exposed at or above docket number for this Federal Register copy and payment to: Consent Decree the Action Level (AL) must be notice (OSHA–2011–0196). OSHA will Library, U.S. DOJ—ENRD, P.O. Box monitored no less than semiannually. place comments and requests to speak, 7611, Washington, DC 20044–7611. Paragraph (d)(3) requires that employers including personal information, in the perform additional monitoring Please enclose a check or money order public docket, which may be available whenever there has been a change in VC for $5.75 (25 cents per page online. Therefore, OSHA cautions production, process, or control that may reproduction cost), payable to the interested parties about submitting result in an increase in the release of United States Treasury. personal information such as Social VC. Security numbers and birthdates. For Henry Friedman, further information on submitting (B) Written Compliance Plan Assistant Section Chief, Environmental comments, see the ‘‘Public (§§ 1910.1017(f)(2) and (f)(3)) Enforcement Section, Environment and Participation’’ heading in the section of Natural Resources Division. Paragraph (f)(2) requires employers this notice titled SUPPLEMENTARY [FR Doc. 2021–06872 Filed 4–1–21; 8:45 am] whose engineering and work practice INFORMATION. controls cannot sufficiently reduce BILLING CODE 4410–15–P FOR FURTHER INFORMATION CONTACT: worker VC exposures to a level at or Seleda Perryman or Theda Kenney, below the PEL to develop and Directorate of Standards and Guidance, implement a plan for doing so.
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Paragraph (f)(3) requires employers to Hazard Communication Standard (HCS) 602, a total reduction of 2 burden hours. develop this written plan and provide it (§ 1910.1200). The employer shall The decrease is a result of the agencies upon request to OSHA for examination ensure that each employee has access to new method of rounding burden hours. and copying. These plans must be labels on containers of chemicals and There is also a decrease in capital costs updated annually. substances associated with vinyl and from $51,358 to $32,450, a total polyvinyl chloride and to safety data decrease of $18,908. The decrease is (C) Respirator Program sheets, and is trained in accordance primarily due to updated costs for (§ 1910.1017(g)(2)) with the provisions of HCS and exposure monitoring samples and When respirators are required, the paragraph (j) of this section. medical examinations. employer must establish a respiratory Type of Review: Extension of a protection program in accordance with (G) Recordkeeping (§ 1910.1017(m)) currently approved collection. § 1910.134, paragraphs (b) through (d) Employers must maintain worker Title: Vinyl Chloride Standard (29 (except (d)(1)(iii) and (d)(3)(iii)(B)(1) exposure and medical records. Medical CFR part 1910.1017). and (2)) and (f) through (m). Paragraph and monitoring records are maintained OMB Control Number: 1218–0010. 1910.134(c) requires the employer to principally for worker access, but are Affected Public: Business or other for- develop and implement a written designed to provide valuable profits. respiratory protection program with information to both workers and Number of Respondents: 28. worksite-specific procedures and employers. The medical and monitoring Frequency of Responses: On occasion. elements for required respirator use. records required by this standard will Total Responses: 881. The purpose of these requirements is to aid workers and their physicians in Average Time per Response: Varies. ensure that employers establish a determining whether or not treatment or Estimated Total Burden Hours: 602. standardized procedure for selecting, other interventions are needed for VC Estimated Cost (Operation and using, and maintaining respirators for exposure. The information also will Maintenance): $32,450. each workplace where respirators will enable employers to ensure that workers IV. Public Participation—Submission of be used. Developing written procedures are not being overexposed; such Comments on This Notice and Internet ensures that employers develop a information may alert the employer that Access to Comments and Submissions respirator program that meets the needs steps must be taken to reduce VC You may submit comments in of their workers. exposures. response to this document as follows: Exposure records must be maintained (D) Emergency Plan (§ 1910.1017(i)) (1) Electronically at http:// for at least 30 years, and medical www.regulations.gov, which is the Employers must develop a written records must be kept for the duration of Federal eRulemaking Portal; (2) by operational plan for dealing with employment plus 20 years, or for a total facsimile (fax); or (3) by hard copy. emergencies; the plan must address the of 30 years, whichever is longer. Please note: While OSHA’s Docket storage, handling, and use of VC as a Records must be kept for extended Office is continuing to accept and liquid or compressed gas. In the event periods because of the long latency process submissions by regular mail, of an emergency, appropriate elements period associated with VC-related due to the COVID–19 pandemic, the of the plan must be implemented. carcinogenesis (i.e., cancer). Cancer Docket Office is closed to the public and Emergency plans must maximize often cannot be detected until 20 or not able to receive submissions to the workers’ personal protection and more years after the first exposure to docket by hand, express mail, minimize the hazards of an emergency. VC. messenger, and courier service. All (E) Medical Surveillance II. Special Issues for Comment comments, attachments, and other (§ 1910.1017(k)) OSHA has a particular interest in material must identify the agency name Paragraph (k) requires employers to comments on the following issues: and the OSHA docket number (Docket develop a medical surveillance program • Whether the proposed information No. OSHA–2011–0196) for the ICR. You for workers exposed to VC in excess of collection requirements are necessary may supplement electronic submissions the action level. Examinations must be for the proper performance of the by uploading document files provided in accordance with this agency’s functions, including whether electronically. If you wish to mail paragraph at least annually. Employers the information is useful; additional materials in reference to an must also obtain, and provide to each • The accuracy of OSHA’s estimate of electronic or facsimile submission, you worker, a copy of a physician’s the burden (time and costs) of the must submit them to the OSHA Docket statement regarding the worker’s information collection requirements, Office (see the section of this notice suitability for continued exposure to including the validity of the titled ADDRESSES). The additional VC, including use of protective methodology and assumptions used; materials must clearly identify your equipment and respirators, if • The quality, utility, and clarity of electronic comments by your name, appropriate. the information collected; and date, and the docket number so the • Ways to minimize the burden on agency can attach them to your (F) Communication of VC Hazards employers who must comply. For comments. (§ 1910.1017(l)) example, by using automated or other Due to security procedures, the use of Under paragraph 1910.1017(l)(1), technological information collection regular mail may cause a significant Hazard Communication, the employer and transmission techniques. delay in the receipt of comments. shall ensure that at least the following Comments and submissions are hazards are addressed: Cancer; central III. Proposed Actions posted without change at http:// nervous system effects; liver effects; OSHA is requesting that OMB extend www.regulations.gov. Therefore, OSHA blood effects; and flammability. Under the approval of the information cautions commenters about submitting paragraph 1910.1017(l)(1)(iii), the collection requirements contained in the personal information such as social employer shall include vinyl chloride Vinyl Chloride Standard. The agency is security numbers and dates of birth. and polyvinyl chloride (PVC) in the requesting an adjustment decrease in Although all submissions are listed in program established to comply with the the number of burden hours from 604 to the http://www.regulations.gov index,
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some information (e.g., copyrighted DATES: Comments must be submitted 1970 (OSH Act) (29 U.S.C. 651 et seq.) material) is not publicly available to (postmarked, sent, or received) by June authorizes information collection by read or download from this website. 1, 2021. employers as necessary or appropriate All submissions, including ADDRESSES: for enforcement of the OSH Act or for copyrighted material, are available for Electronically: You may submit developing information regarding the inspection and copying at the OSHA comments, including attachments, causes and prevention of occupational Docket Office. Information on using the electronically at http:// injuries, illnesses, and accidents (29 http://www.regulations.gov website to www.regulations.gov, the Federal U.S.C. 657). The OSH Act also requires submit comments and access the docket eRulemaking Portal. Follow the that OSHA obtain such information is available at the website’s ‘‘User Tips’’ instructions online for submitting with minimum burden upon employers, link. Contact the OSHA Docket Office at comments. especially those operating small (202) 693–2350, (TTY (877) 889–5627) Docket: To read or download businesses, and to reduce to the for information about materials not comments or other material in the maximum extent feasible unnecessary available from the website, and for docket, go to http:// duplication of efforts in obtaining assistance in using the internet to locate www.regulations.gov. Documents in the information (29 U.S.C. 657). docket submissions. docket are listed in the http:// Certification of repair www.regulations.gov index; however, (§ 1910.177(d)(3)(iv)). This paragraph V. Authority and Signature some information (e.g., copyrighted requires that when restraining devices James S. Frederick, Principal Deputy material) is not publicly available to and barriers are removed from service Assistant Secretary of Labor for read or download through the website. because they are defective, they shall Occupational Safety and Health, All submissions, including copyrighted not be returned to service until they are directed the preparation of this notice. material, are available for inspection repaired and reinspected. If the repair is The authority for this notice is the through the OSHA Docket Office. structural, the manufacturer or a Paperwork Reduction Act of 1995 (44 Contact the OSHA Docket Office for Registered Professional Engineer must U.S.C. 3506 et seq.) and Secretary of assistance in locating docket certify that the strength requirements Labor’s Order No. 1–2012 (77 FR 3912). submissions. specified in § 1910.177(d)(3)(i) of the Instructions: All submissions must Standard have been met. Signed at Washington, DC, on March 25, include the agency name and the OSHA 2021. The certification records are used to docket number for this Federal Register James S. Frederick, assure that equipment has been properly notice (OSHA–2011–0189). OSHA will repaired. The certification records also Principal Deputy Assistant Secretary of Labor place comments and requests to speak, for Occupational Safety and Health. provide the most efficient means for including personal information, in the OSHA compliance officers to determine [FR Doc. 2021–06796 Filed 4–1–21; 8:45 am] public docket, which may be available that an employer is complying with the BILLING CODE 4510–26–P online. Therefore, OSHA cautions Standard. interested parties about submitting Marking or tagging of wheel personal information such as Social DEPARTMENT OF LABOR components (§ 1910.177(e)(2)). This Security numbers and birthdates. For paragraph requires that defective wheels Occupational Safety and Health further information on submitting and wheel components ‘‘be marked or Administration comments, see the ‘‘Public tagged unserviceable and removed from Participation’’ heading in the section of the service area.’’ Under this this notice titled SUPPLEMENTARY [Docket No. OSHA–2011–0189] requirement, OSHA is providing INFORMATION. employers with sufficient information Servicing Multi-Piece and Single Piece FOR FURTHER INFORMATION CONTACT: from which they can derive the wording Rim Wheels; Extension of the Office of Theda Kenney or Seleda Perryman, to use in marking the object or Management and Budget’s (OMB) Directorate of Standards and Guidance, constructing a tag. Therefore, this Approval of Information Collection OSHA, U.S. Department of Labor; provision imposes no paperwork burden (Paperwork) Requirements telephone (202) 693–2222. because it falls within the portion of 5 SUPPLEMENTARY INFORMATION: CFR 1320(c)(2) that states, ‘‘The public AGENCY: Occupational Safety and Health disclosure of information originally Administration (OSHA), Labor. I. Background supplied by the Federal government to ACTION: Request for public comments. The Department of Labor, as part of the recipient for the purpose of the continuing effort to reduce disclosure to the public is not included SUMMARY: OSHA solicits public paperwork and respondent (i.e., within this definition [of ‘collection of comments concerning the proposal to employer) burden, conducts a information’]’’. extend the Office of Management and preclearance consultation program to II. Special Issues for Comment Budget’s (OMB) approval of the provide the public with an opportunity information collection requirements to comment on proposed and OSHA has a particular interest in specified in the Standard on Servicing continuing information collection comments on the following issues: Multi-Piece and Single Piece Rim requirements in accordance with the • Whether the proposed information Wheels. The paperwork provisions of Paperwork Reduction Act of 1995 (PRA) collection requirements are necessary the Standard includes a requirement (44 U.S.C. 3506(c)(2)(A)). This program for the proper performance of the that the manufacturer or a Registered ensures that information is in the agency’s functions, including whether Professional Engineer certify that desired format, reporting burden (time the information is useful; repaired restraining devices and barriers and costs) is minimal, collection • The accuracy of OSHA’s estimate of meet the strength requirements instruments are clearly understood, and the burden (time and costs) of the specified in the Standard and a OSHA’s estimate of the information information collection requirements, requirement that defective wheels and collection burden is accurate. The including the validity of the wheel components be marked or tagged. Occupational Safety and Health Act of methodology and assumptions used;
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• The quality, utility, and clarity of date, and the docket number so the from 1:00 p.m. to 5:00 p.m. Eastern time the information collected; and agency can attach them to your on each day. • Ways to minimize the burden on comments. ADDRESSES: Submission of comments, employers who must comply; for Due to security procedures, the use of requests to speak, and materials for the example, by using automated or other regular mail may cause a significant record: You must submit comments, technological information collection delay in the receipt of comments. materials, and requests to speak at the and transmission techniques. Comments and submissions are Advisory Board meeting by April 15, posted without change at http:// III. Proposed Actions 2021, identified by the Advisory Board www.regulations.gov. Therefore, OSHA name and the meeting date of April 22– OSHA is requesting that OMB extend cautions comments about submitting 23, 2021, by any of the following the approval of the information personal information such as social methods: collection requirements contained in the security numbers and dates of birth. • Electronically: Send to: Standard on Servicing Multi-Piece and Although all submissions are listed in [email protected] (specify Single Piece Rim Wheels (29 CFR the http://www.regulations.gov index, in the email subject line, for example 1910.177). OSHA is proposing to retain some information (e.g., copyrighted ‘‘Request to Speak: Advisory Board on the current burden hour estimate of one material) is not publicly available to Toxic Substances and Worker Health’’). (1) hour. The agency will summarize the read or download through this website. • Mail, express delivery, hand comments submitted in response to this All submissions, including copyrighted delivery, messenger, or courier service: notice and will include this summary in material, are available for inspection Submit one copy to the following the request to OMB. and copying at the OSHA Docket Office. address: U.S. Department of Labor, Type of Review: Extension of a Information on using the http:// Office of Workers’ Compensation currently approved collection. www.regulations.gov website to submit Programs, Advisory Board on Toxic Title: Servicing Multi-Piece and comments and access the docket is Substances and Worker Health, Room Single Piece Rim Wheels (29 CFR available at the website’s ‘‘User Tips’’ S–3522, 200 Constitution Ave. NW, 1910.177). link. Contact the OSHA Docket Office at Washington, DC 20210. OMB Control Number: 1218–0219. (202) 693–2350, (TTY (877) 889–5627) Instructions: Your submissions must Affected Public: Business or other for- for information about materials not include the Agency name (OWCP), the profits. available through the website, and for committee name (the Advisory Board), Number of Respondents: 85. assistance in using the internet to locate and the meeting date (April 22–23, Frequency of Responses: On occasion. docket submissions. 2021). Due to security-related Average Time per Response: Various. Estimated Total Burden Hours: 1. V. Authority and Signature procedures, receipt of submissions by regular mail may experience significant Estimated Cost (Operation and James S. Frederick, Principal Deputy Maintenance): $0. delays. For additional information about Assistant Secretary of Labor for submissions, see the SUPPLEMENTARY IV. Public Participation—Submission of Occupational Safety and Health, INFORMATION section of this notice. Comments on This Notice and Internet directed the preparation of this notice. OWCP will make available publicly, Access to Comments and Submissions The authority for this notice is the without change, any comments, requests Paperwork Reduction Act of 1995 (44 You may submit comments in to speak, and speaker presentations, U.S.C. 3506 et seq.) and Secretary of response to this document as follows: including any personal information that Labor’s Order No. 1–2012 (77 FR 3912). (1) Electronically at http:// you provide. Therefore, OWCP cautions regulations.gov, which is the Federal Signed at Washington, DC, on March 25, interested parties against submitting eRulemaking Portal; (2) by facsimile 2021. personal information such as Social (fax); or (3) by hard copy. All comments, James S. Frederick, Security numbers and birthdates. attachments, and other materials must Principal Deputy Assistant Secretary of Labor FOR FURTHER INFORMATION CONTACT: For identify the agency name and the OSHA for Occupational Safety and Health. press inquiries: Ms. Laura McGinnis, docket number for the ICR (Docket No. [FR Doc. 2021–06797 Filed 4–1–21; 8:45 am] Office of Public Affairs, U.S. OSHA–2011–0189). Please note: While BILLING CODE 4510–26–P Department of Labor, Room S–1028, 200 OSHA’s Docket Office is continuing to Constitution Ave. NW, Washington, DC accept and process submissions by 20210; telephone (202) 693–4672; email regular mail, due to the COVID–19 DEPARTMENT OF LABOR [email protected]. pandemic, the Docket Office is closed to SUPPLEMENTARY INFORMATION: Office of Workers’ Compensation the public and not able to receive The Advisory Board will meet via Programs submissions to the docket by hand, teleconference: Thursday, April 22, express mail, messenger, and courier Advisory Board on Toxic Substances 2021, from 1:00 p.m. to 5:00 p.m. service. All comments, attachments, and and Worker Health Eastern time; and Friday, April 23, other material must identify the agency 2021, from 1:00 p.m. to 5:00 p.m. name and the OSHA docket number for AGENCY: Office of Workers’ Eastern time. The teleconference the ICR (Docket No. OSHA–2011–0189). Compensation Programs. number and other details for You may supplement electronic ACTION: Notice of meeting. participating remotely will be posted on submissions by uploading document the Advisory Board’s website, http:// files electronically. If you wish to mail SUMMARY: Announcement of meeting of www.dol.gov/owcp/energy/regs/ additional materials in reference to an the Advisory Board on Toxic Substances compliance/AdvisoryBoard.htm, 72 electronic or facsimile submission, you and Worker Health (Advisory Board) for hours prior to the commencement of the must submit them to the OSHA Docket the Energy Employees Occupational first meeting date. Advisory Board Office (see the section of this notice Illness Compensation Program Act meetings are open to the public. titled ADDRESSES). The additional (EEOICPA). Public comment session: Thursday, materials must clearly identify your DATES: The Advisory Board will meet April 22, 2021, from 4:15 p.m. to 5:00 electronic comments by your name, April 22–23, 2021, via teleconference, p.m. Eastern time. Please note that the
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public comment session ends at the the public. Information on how to NUCLEAR REGULATORY time indicated or following the last call participate in the meeting remotely will COMMISSION for comments, whichever is earlier. be posted on the Advisory Board’s [Docket No. 50–302; NRC–2021–0061] Members of the public who wish to website. provide public comments should plan Submission of comments: You may Crystal River Unit 3 Nuclear to call in to the public comment session submit comments using one of the Generating Plant; Consideration of at the start time listed. methods listed in the SUMMARY section. Approval of Transfer of License The Advisory Board is mandated by Your submission must include the Section 3687 of EEOICPA. The Secretary AGENCY: Nuclear Regulatory Agency name (OWCP) and date for this of Labor established the Board under Commission. Advisory Board meeting (April 22–23, this authority and Executive Order ACTION: Application for indirect transfer 2021). OWCP will post your comments 13699 (June 26, 2015). The purpose of of license; opportunity to comment, on the Advisory Board website and the Advisory Board is to advise the request a hearing, and petition for leave provide your submissions to Advisory Secretary with respect to: (1) The Site to intervene. Board members. Exposure Matrices (SEM) of the SUMMARY: Department of Labor; (2) medical Because of security-related The U.S. Nuclear Regulatory guidance for claims examiners for procedures, receipt of submissions by Commission (NRC) received and is claims with the EEOICPA program, with regular mail may experience significant considering approval of an application respect to the weighing of the medical delays. filed by ADP CR3, LLC (ADP CR3), on behalf of itself and its corporate parents evidence of claimants; (3) evidentiary Requests to speak and speaker related to NorthStar Group Services, Inc. requirements for claims under Part B of presentations: If you want to address the (NorthStar) (together, the applicants), on EEOICPA related to lung disease; (4) the Advisory Board at the meeting you must November 19, 2020. The application work of industrial hygienists and staff submit a request to speak, as well as any seeks NRC approval of the indirect physicians and consulting physicians of written or electronic presentation, by transfer of ADP CR3’s licensed authority the Department of Labor and reports of April 15, 2021, using one of the to possess, maintain, and decommission such hygienists and physicians to methods listed in the SUMMARY section. the Crystal River Unit 3 Nuclear ensure quality, objectivity, and Your request may include: Generating Plant (CR3) under Facility consistency; (5) the claims adjudication • Operating License No. DPR–72, as well process generally, including review of The amount of time requested to speak; as the general license for the CR3 procedure manual changes prior to independent spent fuel storage • The interest you represent (e.g., incorporation into the manual and installation (ISFSI), from the corporate business, organization, affiliation), if claims for medical benefits; and (6) such parents of NorthStar to a new any; and other matters as the Secretary considers intermediary holding company that appropriate. The Advisory Board • A brief outline of the presentation. would acquire control of NorthStar, as sunsets on December 19, 2024. described in the application. The Advisory Board operates in PowerPoint presentations and other DATES: accordance with the Federal Advisory electronic materials must be compatible Comments must be filed by May Committee Act (FACA) (5 U.S.C. App. with PowerPoint 2010 and other 3, 2021. Requests for a hearing or petitions for leave to intervene must be 2) and its implementing regulations (41 Microsoft Office 2010 formats. The filed by April 22, 2021. CFR part 102–3). Advisory Board Chair may grant Agenda: The tentative agenda for the requests to address the Board as time ADDRESSES: You may submit comments Advisory Board meeting includes: and circumstances permit. by any of the following methods; • Review and follow-up on Advisory Electronic copies of this Federal however, the NRC encourages electronic Board’s previous recommendations, Register notice are available at http:// comment submission through the data requests, and action items; www.regulations.gov. This notice, as Federal Rulemaking Website: • Federal Rulemaking Website: Go to • Discussion of resources requested; well as news releases and other relevant • https://www.regulations.gov and search Discussions by Advisory Board information, are also available on the for Docket ID NRC–2021–0061. Address working groups; Advisory Board’s web page at http:// • Review of public comments; questions about Docket IDs in • www.dol.gov/owcp/energy/regs/ Regulations.gov to Stacy Schumann; Review of Board tasks, structure compliance/AdvisoryBoard.htm. and work agenda; telephone: 301–415–0624; email: • Consideration of any new issues; For further information regarding this [email protected]. For technical and meeting, you may contact Michael questions, contact the individual listed • Public comments. Chance, Designated Federal Officer, at in the FOR FURTHER INFORMATION OWCP transcribes and prepares [email protected], or Carrie CONTACT section of this document. detailed minutes of Advisory Board Rhoads, Alternate Designated Federal • Mail comments to: Office of meetings. OWCP posts the transcripts Officer, at [email protected], U.S. Administration, Mail Stop: TWFN–7– and minutes on the Advisory Board web Department of Labor, 200 Constitution A60M, U.S. Nuclear Regulatory page, http://www.dol.gov/owcp/energy/ Avenue NW, Suite S–3524, Washington, Commission, Washington, DC 20555– regs/compliance/AdvisoryBoard.htm, DC 20210, telephone (202) 343–5580. 0001, ATTN: Program Management, along with written comments, speaker This is not a toll-free number. Announcements and Editing Staff. presentations, and other materials For additional direction on obtaining Signed at Washington, DC, this 29th day of information and submitting comments, submitted to the Advisory Board or March 2021. presented at Advisory Board meetings. see ‘‘Obtaining Information and Christopher Godfrey, Submitting Comments’’ in the Public Participation, Submissions and Director, Office of Workers’ Compensation SUPPLEMENTARY INFORMATION section of Access to Public Record Programs. this document. Advisory Board meetings: All [FR Doc. 2021–06798 Filed 4–1–21; 8:45 am] FOR FURTHER INFORMATION CONTACT: Advisory Board meetings are open to BILLING CODE 4510–CR–P Marlayna V. Doell, Office of Nuclear
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Material Safety and Safeguards, U.S. submission to the NRC, then you should should be submitted as described in the Nuclear Regulatory Commission, inform those persons not to include ADDRESSES section of this document. Washington, DC 20555–0001; telephone: identifying or contact information that IV. Opportunity To Request a Hearing 301–415–3178, email: Marlayna.Doell@ they do not want to be publicly and Petition for Leave To Intervene nrc.gov. disclosed in their comment submission. SUPPLEMENTARY INFORMATION: Your request should state that the NRC Within 20 days after the date of does not routinely edit comment publication of this notice, any persons I. Obtaining Information and submissions to remove such information (petitioner) whose interest may be Submitting Comments before making the comment affected by this action may file a request A. Obtaining Information submissions available to the public or for a hearing and petition for leave to entering the comment into ADAMS. intervene (petition) with respect to the Please refer to Docket ID NRC–2021– action. Petitions shall be filed in II. Introduction 0061 when contacting the NRC about accordance with the Commission’s the availability of information for this The NRC is considering the issuance ‘‘Agency Rules of Practice and action. You may obtain publicly of an order under §§ 50.80 and 72.50 of Procedure’’ in 10 CFR part 2. Interested available information related to this title 10 of the Code of Federal persons should consult a current copy action by any of the following methods: • Regulations (10 CFR) approving the of 10 CFR 2.309. The NRC’s regulations Federal Rulemaking Website: Go to indirect transfer of control of Facility are accessible electronically from the https://www.regulations.gov and search Operating License No. DPR–72, as well NRC Library on the NRC’s website at for Docket ID NRC–2021–0061. as the general license for the ISFSI, for https://www.nrc.gov/reading-rm/doc- • NRC’s Agencywide Documents CR3 from the corporate parents of collections/cfr/. If a petition is filed, the Access and Management System NorthStar to a new intermediary Commission or a presiding officer will (ADAMS): You may obtain publicly holding company. rule on the petition and, if appropriate, available documents online in the a notice of a hearing will be issued. ADAMS Public Documents collection at According to the application for https://www.nrc.gov/reading-rm/ approval filed by the applicants, the As required by 10 CFR 2.309(d) the adams.html. To begin the search, select proposed indirect transfer of control of petition should specifically explain the ‘‘Begin Web-based ADAMS Search.’’ For the license would reflect the completion reasons why intervention should be problems with ADAMS, please contact of an internal reorganization and would permitted with particular reference to the NRC’s Public Document Room (PDR) occur when voting control of NorthStar the following general requirements for reference staff at 1–800–397–4209, 301– is transferred to the new intermediary standing: (1) The name, address, and 415–4737, or by email to pdr.resource@ holding company structure, as described telephone number of the petitioner; (2) nrc.gov. The ‘‘Application for Order in the application dated November 19, the nature of the petitioner’s right to be Approving Indirect Transfers of Control 2020. The application also notes that made a party to the proceeding; (3) the of Licenses in Connection with Internal Duke Energy Florida, LLC (DEF) will nature and extent of the petitioner’s Corporate Reorganization,’’ dated remain the licensed owner of CR3 and property, financial, or other interest in November 19, 2020, is available in that the proposed indirect license the proceeding; and (4) the possible ADAMS under Accession No. transfer does not involve any direct or effect of any decision or order which ML20324A058. indirect transfer of DEF’s license. No may be entered in the proceeding on the • Attention: The PDR, where you may physical changes to CR3 or operational petitioner’s interest. examine and order copies of public changes are being proposed in the In accordance with 10 CFR 2.309(f), documents, is currently closed. You application. the petition must also set forth the may submit your request to the PDR via The NRC’s regulations at 10 CFR specific contentions which the email at [email protected] or call 1– 50.80 and 72.50 state that no license, or petitioner seeks to have litigated in the 800–397–4209 or 301–415–4737, any right thereunder, shall be proceeding. Each contention must between 8:00 a.m. and 4:00 p.m. (EST), transferred, directly or indirectly, consist of a specific statement of the Monday through Friday, except Federal through transfer of control of the issue of law or fact to be raised or holidays. license, unless the Commission gives its controverted. In addition, the petitioner consent in writing. The Commission must provide a brief explanation of the B. Submitting Comments will approve an application for the bases for the contention and a concise The NRC encourages electronic indirect transfer of a license if the statement of the alleged facts or expert comment submission through the Commission determines that the opinion which support the contention Federal Rulemaking Website (https:// proposed transfer will not affect the and on which the petitioner intends to www.regulations.gov). Please include qualifications of the licensee to hold the rely in proving the contention at the Docket ID NRC–2021–0061 in your license, and that the transfer is hearing. The petitioner must also comment submission. otherwise consistent with applicable provide references to the specific The NRC cautions you not to include provisions of law, regulations, and sources and documents on which the identifying or contact information that orders issued by the Commission. petitioner intends to rely to support its position on the issue. The petition must you do not want to be publicly III. Opportunity To Comment disclosed in your comment submission. include sufficient information to show The NRC will post all comment Within 30 days from the date of that a genuine dispute exists with the submissions at https:// publication of this notice, persons may applicant or licensee on a material issue www.regulations.gov as well as enter the submit written comments regarding the of law or fact. Contentions must be comment submissions into ADAMS. license transfer application, as provided limited to matters within the scope of The NRC does not routinely edit for in 10 CFR 2.1305. The Commission the proceeding. The contention must be comment submissions to remove will consider and, if appropriate, one which, if proven, would entitle the identifying or contact information. respond to these comments, but such petitioner to relief. A petitioner who If you are requesting or aggregating comments will not otherwise constitute fails to satisfy the requirements at 10 comments from other persons for part of the decisional record. Comments CFR 2.309(f) with respect to at least one
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contention will not be permitted to regarding the opportunity to make a submissions is available on the NRC’s participate as a party. limited appearance will be provided by public website at https://www.nrc.gov/ Those permitted to intervene become the presiding officer if such sessions are site-help/electronic-sub-ref-mat.html. A parties to the proceeding, subject to any scheduled. filing is considered complete at the time limitations in the order granting leave to the document is submitted through the V. Electronic Submissions (E-Filing) intervene. Parties have the opportunity NRC’s E-Filing system. To be timely, an to participate fully in the conduct of the All documents filed in NRC electronic filing must be submitted to hearing with respect to resolution of adjudicatory proceedings, including a the E-Filing system no later than 11:59 that party’s admitted contentions, request for hearing and petition for p.m. Eastern Time on the due date. including the opportunity to present leave to intervene (petition), any motion Upon receipt of a transmission, the E- evidence, consistent with the NRC’s or other document filed in the Filing system time-stamps the document regulations, policies, and procedures. proceeding prior to the submission of a and sends the submitter an email notice Petitions must be filed no later than request for hearing or petition to confirming receipt of the document. The 20 days from the date of publication of intervene, and documents filed by E-Filing system also distributes an email this notice. Petitions and motions for interested governmental entities that notice that provides access to the leave to file new or amended request to participate under 10 CFR document to the NRC’s Office of the contentions that are filed after the 2.315(c), must be filed in accordance General Counsel and any others who deadline will not be entertained absent with the NRC’s E-Filing rule (72 FR have advised the Office of the Secretary a determination by the presiding officer 49139; August 28, 2007, as amended at that they wish to participate in the that the filing demonstrates good cause 77 FR 46562; August 3, 2012). The E- proceeding, so that the filer need not by satisfying the three factors in 10 CFR Filing process requires participants to serve the document on those 2.309(c)(1)(i) through (iii). The petition submit and serve all adjudicatory participants separately. Therefore, must be filed in accordance with the documents over the internet, or in some applicants and other participants (or filing instructions in the ‘‘Electronic cases to mail copies on electronic their counsel or representative) must Submissions (E-Filing)’’ section of this storage media. Detailed guidance on apply for and receive a digital ID document. making electronic submissions may be certificate before adjudicatory A State, local governmental body, found in the Guidance for Electronic documents are filed so that they can Federally recognized Indian Tribe, or Submissions to the NRC and on the NRC obtain access to the documents via the agency thereof, may submit a petition to website at https://www.nrc.gov/site- E-Filing system. the Commission to participate as a party help/e-submittals.html. Participants A person filing electronically using under 10 CFR 2.309(h)(1). The petition may not submit paper copies of their the NRC’s adjudicatory E-Filing system should state the nature and extent of the filings unless they seek an exemption in may seek assistance by contacting the petitioner’s interest in the proceeding. accordance with the procedures NRC’s Electronic Filing Help Desk The petition should be submitted to the described below. through the ‘‘Contact Us’’ link located Commission no later than 20 days from To comply with the procedural on the NRC’s public website at https:// the date of publication of this notice. requirements of E-Filing, at least 10 www.nrc.gov/site-help/e- The petition must be filed in accordance days prior to the filing deadline, the submittals.html, by email to with the filing instructions in the participant should contact the Office of [email protected], or by a toll- ‘‘Electronic Submissions (E-Filing)’’ the Secretary by email at free call at 1–866–672–7640. The NRC section of this document, and should [email protected], or by telephone Electronic Filing Help Desk is available meet the requirements for petitions set at 301–415–1677, to (1) request a digital between 9 a.m. and 6 p.m., Eastern forth in this section, except that under identification (ID) certificate, which Time, Monday through Friday, 10 CFR 2.309(h)(2) a State, local allows the participant (or its counsel or excluding government holidays. governmental body, or Federally representative) to digitally sign Participants who believe that they recognized Indian Tribe, or agency submissions and access the E-Filing have a good cause for not submitting thereof does not need to address the system for any proceeding in which it documents electronically must file an standing requirements in 10 CFR is participating; and (2) advise the exemption request, in accordance with 2.309(d) if the facility is located within Secretary that the participant will be 10 CFR 2.302(g), with their initial paper its boundaries. Alternatively, a State, submitting a petition or other filing stating why there is good cause for local governmental body, Federally adjudicatory document (even in not filing electronically and requesting recognized Indian Tribe, or agency instances in which the participant, or its authorization to continue to submit thereof may participate as a non-party counsel or representative, already holds documents in paper format. Such filings under 10 CFR 2.315(c). an NRC-issued digital ID certificate). must be submitted by: (1) First class If a hearing is granted, any person Based upon this information, the mail addressed to the Office of the who is not a party to the proceeding and Secretary will establish an electronic Secretary of the Commission, U.S. is not affiliated with or represented by docket for the hearing in this proceeding Nuclear Regulatory Commission, a party may, at the discretion of the if the Secretary has not already Washington, DC 20555–0001, Attention: presiding officer, be permitted to make established an electronic docket. Rulemaking and Adjudications Staff; or a limited appearance pursuant to the Information about applying for a (2) courier, express mail, or expedited provisions of 10 CFR 2.315(a). A person digital ID certificate is available on the delivery service to the Office of the making a limited appearance may make NRC’s public website at https:// Secretary, 11555 Rockville Pike, an oral or written statement of his or her www.nrc.gov/site-help/e-submittals/ Rockville, Maryland 20852, Attention: position on the issues but may not getting-started.html. Once a participant Rulemaking and Adjudications Staff. otherwise participate in the proceeding. has obtained a digital ID certificate and Participants filing adjudicatory A limited appearance may be made at a docket has been created, the documents in this manner are any session of the hearing or at any participant can then submit responsible for serving the document on prehearing conference, subject to the adjudicatory documents. Submissions all other participants. Filing is limits and conditions as may be must be in Portable Document Format considered complete by first-class mail imposed by the presiding officer. Details (PDF). Additional guidance on PDF as of the time of deposit in the mail, or
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by courier, express mail, or expedited NUCLEAR REGULATORY FOR FURTHER INFORMATION CONTACT: Jack delivery service upon depositing the COMMISSION D. Parrott, Office of Nuclear Material document with the provider of the Safety and Safeguards, U.S. Nuclear [Docket Nos. 50–271 and 72–59; NRC–2021– Regulatory Commission, Washington, service. A presiding officer, having 0057] granted an exemption request from DC 20555–0001; telephone: 301–415– using E-Filing, may require a participant Vermont Yankee Nuclear Power 6634, email: [email protected]. or party to use E-Filing if the presiding Station; Consideration of Approval of SUPPLEMENTARY INFORMATION: officer subsequently determines that the Transfer of License I. Obtaining Information and reason for granting the exemption from AGENCY: Nuclear Regulatory Submitting Comments use of E-Filing no longer exists. Commission. A. Obtaining Information Documents submitted in adjudicatory ACTION: Application for indirect transfer proceedings will appear in the NRC’s of license; opportunity to comment, Please refer to Docket ID NRC–2021– electronic hearing docket which is request a hearing, and petition for leave 0057 when contacting the NRC about available to the public at https:// to intervene. the availability of information for this adams.nrc.gov/ehd, unless excluded action. You may obtain publicly pursuant to an order of the Commission SUMMARY: The U.S. Nuclear Regulatory available information related to this or the presiding officer. If you do not Commission (NRC) received and is action by any of the following methods: have an NRC-issued digital ID certificate considering approval of an application • Federal Rulemaking website: Go to as described above, click ‘‘cancel’’ when filed by NorthStar Nuclear https://www.regulations.gov and search the link requests certificates and you Decommissioning Company, LLC, on for Docket ID NRC–2021–0057. will be automatically directed to the behalf of itself, NorthStar Vermont • NRC’s Agencywide Documents NRC’s electronic hearing dockets where Yankee, LLC, and their corporate Access and Management System you will be able to access any publicly parents related to NorthStar Group (ADAMS): You may obtain publicly available documents in a particular Services, Inc. (NorthStar) (together, the available documents online in the applicants), on November 19, 2020. The hearing docket. Participants are ADAMS Public Documents collection at application seeks NRC approval of the requested not to include personal https://www.nrc.gov/reading-rm/ indirect transfer of control of Renewed privacy information, such as social adams.html. To begin the search, select Facility Operating License No. DPR–28, ‘‘Begin Web-based ADAMS Search.’’ For security numbers, home addresses, or as well as the general license for the personal phone numbers in their filings, problems with ADAMS, please contact independent spent fuel storage the NRC’s Public Document Room (PDR) unless an NRC regulation or other law installation (ISFSI), for the Vermont reference staff at 1–800–397–4209, 301– requires submission of such Yankee Nuclear Power Station (VY) 415–4737, or by email to pdr.resource@ information. For example, in some from the corporate parents of NorthStar nrc.gov. The ‘‘Application for Order instances, individuals provide home to a new intermediary holding company Approving Indirect Transfers of Control addresses in order to demonstrate that would acquire control of NorthStar, of Licenses in Connection with Internal proximity to a facility or site. With as described in the application. Corporate Reorganization,’’ dated respect to copyrighted works, except for DATES: Comments must be filed by May November 19, 2020, is available in limited excerpts that serve the purpose 3, 2021. Requests for a hearing or ADAMS under Accession No. of the adjudicatory filings and would petitions for leave to intervene must be ML20324A058. constitute a Fair Use application, filed by April 22, 2021. • Attention: The PDR, where you may participants are requested not to include ADDRESSES: You may submit comments examine and order copies of public copyrighted materials in their by any of the following methods; documents, is currently closed. You submission. however, the NRC encourages electronic may submit your request to the PDR via The Commission will issue a notice or comment submission through the email at [email protected] or call 1– order granting or denying a hearing Federal Rulemaking website: 800–397–4209 or 301–415–4737, request or intervention petition, • Federal Rulemaking website: Go to between 8:00 a.m. and 4:00 p.m. (EST), designating the issues for any hearing https://www.regulations.gov and search Monday through Friday, except Federal that will be held and designating the for Docket ID NRC–2021–0057. Address holidays. Presiding Officer. A notice granting a questions about Docket IDs in B. Submitting Comments hearing will be published in the Federal Regulations.gov to Stacy Schumann; Register and served on the parties to the telephone: 301–415–0624; email: The NRC encourages electronic comment submission through the hearing. [email protected]. For technical questions, contact the individual listed Federal Rulemaking website (https:// For further details with respect to this in the FOR FURTHER INFORMATION www.regulations.gov). Please include application, see the application dated CONTACT section of this document. Docket ID NRC–2021–0057 in your November 19, 2020 (ADAMS Accession • Mail Comments to: Office of comment submission. No. ML20324A058). Administration, Mail Stop: TWFN–7– The NRC cautions you not to include Dated: March 29, 2021. A60M, U.S. Nuclear Regulatory identifying or contact information that For the Nuclear Regulatory Commission. Commission, Washington, DC 20555– you do not want to be publicly 0001, ATTN: Program Management, disclosed in your comment submission. Bruce A. Watson, Announcements and Editing Staff. The NRC will post all comment Chief, Reactor Decommissioning Branch, For additional direction on obtaining submissions at https:// Division of Decommissioning, Uranium information and submitting comments, www.regulations.gov as well as enter the Recovery, and Waste Programs, Office of see ‘‘Obtaining Information and comment submissions into ADAMS. Nuclear Material Safety and Safeguards. Submitting Comments’’ in the The NRC does not routinely edit [FR Doc. 2021–06765 Filed 4–1–21; 8:45 am] SUPPLEMENTARY INFORMATION section of comment submissions to remove BILLING CODE 7590–01–P this document. identifying or contact information.
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If you are requesting or aggregating IV. Opportunity To Request a Hearing Those permitted to intervene become comments from other persons for and Petition for Leave To Intervene parties to the proceeding, subject to any submission to the NRC, then you should limitations in the order granting leave to inform those persons not to include Within 20 days after the date of intervene. Parties have the opportunity identifying or contact information that publication of this notice, any persons to participate fully in the conduct of the they do not want to be publicly (petitioner) whose interest may be hearing with respect to resolution of disclosed in their comment submission. affected by this action may file a request that party’s admitted contentions, Your request should state that the NRC for a hearing and petition for leave to including the opportunity to present does not routinely edit comment intervene (petition) with respect to the evidence, consistent with the NRC’s submissions to remove such information action. Petitions shall be filed in regulations, policies, and procedures. before making the comment accordance with the Commission’s Petitions must be filed no later than submissions available to the public or ‘‘Agency Rules of Practice and 20 days from the date of publication of entering the comment into ADAMS. Procedure’’ in 10 CFR part 2. Interested this notice. Petitions and motions for persons should consult a current copy leave to file new or amended II. Introduction of 10 CFR 2.309. The NRC’s regulations contentions that are filed after the The NRC is considering the issuance are accessible electronically from the deadline will not be entertained absent of an order under §§ 50.80 and 72.50 of NRC Library on the NRC’s website at a determination by the presiding officer title 10 of the Code of Federal https://www.nrc.gov/reading-rm/doc- that the filing demonstrates good cause Regulations (10 CFR) approving the collections/cfr/. If a petition is filed, the by satisfying the three factors in 10 CFR indirect transfer of control of Renewed Commission or a presiding officer will 2.309(c)(1)(i) through (iii). The petition Facility Operating License No. DPR–28, rule on the petition and, if appropriate, must be filed in accordance with the as well as the general license for the a notice of a hearing will be issued. filing instructions in the ‘‘Electronic ISFSI, for VY from the corporate parents As required by 10 CFR 2.309(d) the Submissions (E-Filing)’’ section of this of NorthStar to a new intermediary petition should specifically explain the document. holding company. reasons why intervention should be A State, local governmental body, Federally recognized Indian Tribe, or According to the application for permitted with particular reference to agency thereof, may submit a petition to approval filed by the applicants, the the following general requirements for the Commission to participate as a party proposed indirect transfer of control of standing: (1) The name, address, and under 10 CFR 2.309(h)(1). The petition the license would reflect the completion telephone number of the petitioner; (2) should state the nature and extent of the of an internal reorganization and would the nature of the petitioner’s right to be made a party to the proceeding; (3) the petitioner’s interest in the proceeding. occur when voting control of NorthStar The petition should be submitted to the is transferred to the new intermediary nature and extent of the petitioner’s property, financial, or other interest in Commission no later than 20 days from holding company structure, as described the date of publication of this notice. in the application dated November 19, the proceeding; and (4) the possible effect of any decision or order which The petition must be filed in accordance 2020. The applicants will continue to with the filing instructions in the own the facility and hold the license. may be entered in the proceeding on the petitioner’s interest. ‘‘Electronic Submissions (E-Filing)’’ No physical changes to VY or section of this document, and should operational changes are being proposed In accordance with 10 CFR 2.309(f), meet the requirements for petitions set in the application. the petition must also set forth the forth in this section, except that under The NRC’s regulations at 10 CFR specific contentions which the 10 CFR 2.309(h)(2) a State, local 50.80 and 72.50 state that no license, or petitioner seeks to have litigated in the governmental body, or Federally any right thereunder, shall be proceeding. Each contention must recognized Indian Tribe, or agency transferred, directly or indirectly, consist of a specific statement of the thereof does not need to address the through transfer of control of the issue of law or fact to be raised or standing requirements in 10 CFR license, unless the Commission gives its controverted. In addition, the petitioner 2.309(d) if the facility is located within consent in writing. The Commission must provide a brief explanation of the its boundaries. Alternatively, a State, will approve an application for the bases for the contention and a concise local governmental body, Federally indirect transfer of a license if the statement of the alleged facts or expert recognized Indian Tribe, or agency Commission determines that the opinion which support the contention thereof may participate as a non-party proposed transfer will not affect the and on which the petitioner intends to under 10 CFR 2.315(c). qualifications of the licensee to hold the rely in proving the contention at the If a hearing is granted, any person license, and that the transfer is hearing. The petitioner must also who is not a party to the proceeding and otherwise consistent with applicable provide references to the specific is not affiliated with or represented by provisions of law, regulations, and sources and documents on which the a party may, at the discretion of the orders issued by the Commission. petitioner intends to rely to support its presiding officer, be permitted to make position on the issue. The petition must a limited appearance pursuant to the III. Opportunity to Comment include sufficient information to show provisions of 10 CFR 2.315(a). A person Within 30 days from the date of that a genuine dispute exists with the making a limited appearance may make publication of this notice, persons may applicant or licensee on a material issue an oral or written statement of his or her submit written comments regarding the of law or fact. Contentions must be position on the issues but may not license transfer application, as provided limited to matters within the scope of otherwise participate in the proceeding. for in 10 CFR 2.1305. The Commission the proceeding. The contention must be A limited appearance may be made at will consider and, if appropriate, one which, if proven, would entitle the any session of the hearing or at any respond to these comments, but such petitioner to relief. A petitioner who prehearing conference, subject to the comments will not otherwise constitute fails to satisfy the requirements at 10 limits and conditions as may be part of the decisional record. Comments CFR 2.309(f) with respect to at least one imposed by the presiding officer. Details should be submitted as described in the contention will not be permitted to regarding the opportunity to make a ADDRESSES section of this document. participate as a party. limited appearance will be provided by
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the presiding officer if such sessions are site-help/electronic-sub-ref-mat.html. A document with the provider of the scheduled. filing is considered complete at the time service. A presiding officer, having the document is submitted through the V. Electronic Submissions (E-Filing) granted an exemption request from NRC’s E-Filing system. To be timely, an using E-Filing, may require a participant All documents filed in NRC electronic filing must be submitted to or party to use E-Filing if the presiding adjudicatory proceedings, including a the E-Filing system no later than 11:59 officer subsequently determines that the request for hearing and petition for p.m. Eastern Time on the due date. reason for granting the exemption from leave to intervene (petition), any motion Upon receipt of a transmission, the E- use of E-Filing no longer exists. or other document filed in the Filing system timestamps the document proceeding prior to the submission of a and sends the submitter an email notice Documents submitted in adjudicatory request for hearing or petition to confirming receipt of the document. The proceedings will appear in the NRC’s intervene, and documents filed by E-Filing system also distributes an email electronic hearing docket which is interested governmental entities that notice that provides access to the available to the public at https:// request to participate under 10 CFR document to the NRC’s Office of the adams.nrc.gov/ehd, unless excluded 2.315(c), must be filed in accordance General Counsel and any others who pursuant to an order of the Commission with the NRC’s E-Filing rule (72 FR have advised the Office of the Secretary or the presiding officer. If you do not 49139; August 28, 2007, as amended at that they wish to participate in the have an NRC-issued digital ID certificate 77 FR 46562; August 3, 2012). The E- proceeding, so that the filer need not as previously above, click ‘‘cancel’’ Filing process requires participants to serve the document on those when the link requests certificates and submit and serve all adjudicatory participants separately. Therefore, you will be automatically directed to the documents over the internet, or in some applicants and other participants (or NRC’s electronic hearing dockets where cases to mail copies on electronic their counsel or representative) must you will be able to access any publicly storage media. Detailed guidance on apply for and receive a digital ID available documents in a particular making electronic submissions may be certificate before adjudicatory found in the Guidance for Electronic hearing docket. Participants are documents are filed so that they can requested not to include personal Submissions to the NRC and on the NRC obtain access to the documents via the privacy information, such as social website at https://www.nrc.gov/site- E-Filing system. help/e-submittals.html. Participants A person filing electronically using security numbers, home addresses, or may not submit paper copies of their the NRC’s adjudicatory E-Filing system personal phone numbers in their filings, filings unless they seek an exemption in may seek assistance by contacting the unless an NRC regulation or other law accordance with the procedures NRC’s Electronic Filing Help Desk requires submission of such described below. through the ‘‘Contact Us’’ link located information. For example, in some To comply with the procedural on the NRC’s public website at https:// instances, individuals provide home requirements of E-Filing, at least 10 www.nrc.gov/site-help/e- addresses in order to demonstrate days prior to the filing deadline, the submittals.html, by email to proximity to a facility or site. With participant should contact the Office of [email protected], or by a toll- respect to copyrighted works, except for the Secretary by email at free call at 1–866–672–7640. The NRC limited excerpts that serve the purpose [email protected], or by telephone Electronic Filing Help Desk is available of the adjudicatory filings and would at 301–415–1677, to (1) request a digital between 9 a.m. and 6 p.m., Eastern constitute a Fair Use application, identification (ID) certificate, which Time, Monday through Friday, participants are requested not to include allows the participant (or its counsel or excluding government holidays. copyrighted materials in their representative) to digitally sign Participants who believe that they submission. submissions and access the E-Filing have a good cause for not submitting system for any proceeding in which it documents electronically must file an The Commission will issue a notice or is participating; and (2) advise the exemption request, in accordance with order granting or denying a hearing Secretary that the participant will be 10 CFR 2.302(g), with their initial paper request or intervention petition, submitting a petition or other filing stating why there is good cause for designating the issues for any hearing adjudicatory document (even in not filing electronically and requesting that will be held and designating the instances in which the participant, or its authorization to continue to submit Presiding Officer. A notice granting a counsel or representative, already holds documents in paper format. Such filings hearing will be published in the Federal an NRC-issued digital ID certificate). must be submitted by: (1) First class Register and served on the parties to the Based upon this information, the mail addressed to the Office of the hearing. Secretary will establish an electronic Secretary of the Commission, U.S. For further details with respect to this docket for the hearing in this proceeding Nuclear Regulatory Commission, application, see the application dated if the Secretary has not already Washington, DC 20555–0001, Attention: established an electronic docket. Rulemaking and Adjudications Staff; or November 19, 2020 (ADAMS Accession Information about applying for a (2) courier, express mail, or expedited No. ML20324A058). digital ID certificate is available on the delivery service to the Office of the Dated: March 29, 2021. NRC’s public website at https:// Secretary, 11555 Rockville Pike, For the Nuclear Regulatory Commission. www.nrc.gov/site-help/e-submittals/ Rockville, Maryland 20852, Attention: Bruce A. Watson, getting-started.html. Once a participant Rulemaking and Adjudications Staff. has obtained a digital ID certificate and Participants filing adjudicatory Chief, Reactor Decommissioning Branch, a docket has been created, the documents in this manner are Division of Decommissioning, Uranium Recovery, and Waste Programs, Office of participant can then submit responsible for serving the document on Nuclear Material Safety and Safeguards. adjudicatory documents. Submissions all other participants. Filing is must be in Portable Document Format considered complete by first-class mail [FR Doc. 2021–06766 Filed 4–1–21; 8:45 am] (PDF). Additional guidance on PDF as of the time of deposit in the mail, or BILLING CODE 7590–01–P submissions is available on the NRC’s by courier, express mail, or expedited public website at https://www.nrc.gov/ delivery service upon depositing the
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NUCLEAR REGULATORY OFFICE OF PERSONNEL proposed collection of information, COMMISSION MANAGEMENT including the validity of the methodology and assumptions used; Submission for Review: Disabled [Docket Nos. 50–266–SLR and 50–301–SLR; 3. Enhance the quality, utility, and Dependent Questionnaire, RI 30–10 ASLBP No. 21–971–02–SLR–01] clarity of the information to be AGENCY: Office of Personnel collected; and NextEra Energy Point Beach, LLC; Management. 4. Minimize the burden of the collection of information on those who Establishment of Atomic Safety and ACTION: 60-Day notice and request for Licensing Board comments. are to respond, including through the use of appropriate automated, Pursuant to delegation by the SUMMARY: Retirement Services, Office of electronic, mechanical, or other Commission, see 37 FR 28,710 (Dec. 29, Personnel Management (OPM) offers the technological collection techniques or 1972), and the Commission’s general public and other federal other forms of information technology, regulations, see, e.g., 10 CFR 2.104, agencies the opportunity to comment on e.g., permitting electronic submissions 2.105, 2.300, 2.309, 2.313, 2.318, 2.321, an expiring information collection (ICR) of responses. notice is hereby given that an Atomic with minor edits, Disabled Dependent RI 30–10 is used to collect sufficient Safety and Licensing Board (Board) is Questionnaire, RI 30–10. This ICR has information about the medical condition being established to preside over the been revised in the following manner: and earning capacity for the Office of following proceeding: The display of the OMB control number Personnel Management to be able to and an updated edition date. determine whether a disabled adult NextEra Energy Point Beach, LLC DATES: Comments are encouraged and child is eligible for health benefits (Point Beach Nuclear Plant, Units 1 and will be accepted until June 1, 2021. coverage and/or survivor annuity 2) ADDRESSES: You may submit comments, payments under the Civil Service identified by docket number and/or Retirement System or the Federal This proceeding involves an Regulatory Information Number (RIN) Employees Retirement System. application seeking a twenty-year and title, by the following method: Analysis subsequent license renewal of Renewed —Federal Rulemaking Portal: http:// Facility Operating License Nos. DPR–24 www.regulations.gov. Follow the Agency: Retirement Operations, and DPR–27, which authorize NextEra instructions for submitting comments. Retirement Services, Office of Personnel Energy Point Beach, LLC to operate the All submissions received must Management. Point Beach Nuclear Plant, Units 1 and include the agency name and docket Title: Disabled Dependent 2, located near Manitowoc, Wisconsin, number or RIN for this document. The Questionnaire. until, respectively, October 5, 2030 and general policy for comments and other OMB Number: 3206–0179. March 8, 2033. In response to a notice submissions from members of the public Frequency: On occasion. published in the Federal Register is to make these submissions available Affected Public: Individuals or announcing the opportunity to request a for public viewing at http:// Households. hearing, see 86 FR 6684 (Jan. 22, 2021), www.regulations.gov as they are Number of Respondents: 2,500. a hearing request was filed on March 23, received without change, including any Estimated Time per Respondent: 1 2021, on behalf of Physicians for Social personal identifiers or contact hour. Responsibility Wisconsin. information. Total Burden Hours: 2,500. The Board is comprised of the FOR FURTHER INFORMATION CONTACT: A Office of Personnel Management. copy of this ICR with applicable following Administrative Judges: Alexys Stanley, supporting documentation, may be William J. Froehlich, Chairman, Atomic obtained by contacting the Retirement Regulatory Affairs Analyst. Safety and Licensing Board Panel, Services Publications Team, Office of [FR Doc. 2021–06791 Filed 4–1–21; 8:45 am] U.S. Nuclear Regulatory Commission, Personnel Management, 1900 E Street BILLING CODE 6325–38–P Washington, DC 20555–0001 NW, Room 3316–L, Washington, DC Nicholas G. Trikouros, Atomic Safety 20415, Attention: Cyrus S. Benson, or sent via electronic mail to OFFICE OF PERSONNEL and Licensing Board Panel, U.S. MANAGEMENT Nuclear Regulatory Commission, [email protected] or faxed to Washington, DC 20555–0001 (202) 606–0910 or via telephone at (202) Submission for Review: Evidence To 606–4808. Dr. Gary S. Arnold, Atomic Safety and Prove Dependency of a Child, RI 25–37 SUPPLEMENTARY INFORMATION: As Licensing Board Panel, U.S. Nuclear required by the Paperwork Reduction AGENCY: Office of Personnel Regulatory Commission, Washington, Act of 1995 (Pub. L. 104–13, 44 U.S.C. Management. DC 20555–0001 chapter 35) as amended by the Clinger- ACTION: 60-Day notice and request for All correspondence, documents, and Cohen Act (Pub. L. 104-106), OPM is comments. other materials shall be filed in soliciting comments for this collection accordance with the NRC E-Filing rule. (OMB No. 3206–0179). The Office of SUMMARY: Retirement Services, Office of See 10 CFR 2.302. Management and Budget is particularly Personnel Management (OPM) offers the general public and other federal Dated: March 29, 2021. interested in comments that: 1. Evaluate whether the proposed agencies the opportunity to comment on Edward R. Hawkens, collection of information is necessary an expiring information collection (ICR) Chief Administrative Judge, Atomic Safety for the proper performance of functions with minor edits, Evidence to Prove and Licensing Board Panel, Rockville, of the agency, including whether the Dependency of a Child, RI 25–37. This Maryland. information will have practical utility; ICR has been revised in the following [FR Doc. 2021–06785 Filed 4–1–21; 8:45 am] 2. Evaluate the accuracy of the manner: The display of the OMB control BILLING CODE 7590–01–P agency’s estimate of the burden of the number and an updated edition date.
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DATES: Comments are encouraged and deceased federal employee is eligible to obtained by contacting the Retirement will be accepted until June 1, 2021. receive benefits as a dependent child. Services Publications Team, Office of Personnel Management, 1900 E Street ADDRESSES: You may submit comments, Analysis identified by docket number and/or NW, Room 3316–L, Washington, DC Regulatory Information Number (RIN) Agency: Retirement Operations, 20415, Attention: Cyrus S. Benson, or and title, by the following method: Retirement Services, Office of Personnel sent via electronic mail to —Federal Rulemaking Portal: http:// Management. [email protected] or faxed to Title: Evidence to Prove Dependency www.regulations.gov. Follow the (202) 606–0910 or via telephone at (202) of a Child. instructions for submitting comments. 606–4808. OMB Number: 3206–0206. All submissions received must Frequency: On occasion. SUPPLEMENTARY INFORMATION: As include the agency name and docket Affected Public: Individuals or required by the Paperwork Reduction number or RIN for this document. The Households. Act of 1995 (Pub. L. 104–13, 44 U.S.C. general policy for comments and other Number of Respondents: 250. chapter 35) as amended by the Clinger- submissions from members of the public Estimated Time per Respondent: 1 Cohen Act (Pub. L. 104–106), OPM is is to make these submissions available hour. soliciting comments for this collection for public viewing at http:// Total Burden Hours: 250. (OMB No. 3206–0168). The Office of www.regulations.gov as they are Management and Budget is particularly Office of Personnel Management. received without change, including any interested in comments that: Alexys Stanley, personal identifiers or contact 1. Evaluate whether the proposed information. Regulatory Affairs Analyst. collection of information is necessary [FR Doc. 2021–06788 Filed 4–1–21; 8:45 am] FOR FURTHER INFORMATION CONTACT: A for the proper performance of functions BILLING CODE 6325–38–P copy of this ICR with applicable of the agency, including whether the supporting documentation, may be information will have practical utility; 2. Evaluate the accuracy of the obtained by contacting the Retirement OFFICE OF PERSONNEL agency’s estimate of the burden of the Services Publications Team, Office of MANAGEMENT Personnel Management, 1900 E Street proposed collection of information, NW, Room 3316–L, Washington, DC Submission for Review: Alternative including the validity of the 20415, Attention: Cyrus S. Benson, or Annuity Election, RI 20–80 methodology and assumptions used; sent via electronic mail to 3. Enhance the quality, utility, and [email protected] or faxed to AGENCY: Office of Personnel clarity of the information to be (202) 606–0910 or via telephone at (202) Management. collected; and 606–4808. ACTION: 60-Day notice and request for 4. Minimize the burden of the comments. SUPPLEMENTARY INFORMATION: As collection of information on those who are to respond, including through the required by the Paperwork Reduction SUMMARY: Retirement Services, Office of use of appropriate automated, Act of 1995 (Pub. L. 104–13, 44 U.S.C. Personnel Management (OPM) offers the electronic, mechanical, or other chapter 35) as amended by the Clinger- general public and other federal technological collection techniques or Cohen Act (Pub. L. 104-106), OPM is agencies the opportunity to comment on other forms of information technology, soliciting comments for this collection an expiring information collection (ICR) e.g., permitting electronic submissions (OMB No. 3206–0206). The Office of with minor edits, Alternative Annuity of responses. Management and Budget is particularly Election, RI 20–80. This ICR has been interested in comments that: revised in the following manner: The RI 20–80 is used for individuals who 1. Evaluate whether the proposed display of the OMB control number and are eligible to elect whether to receive collection of information is necessary an updated edition date. a reduced annuity and a lump-sum payment equal to their retirement for the proper performance of functions DATES: Comments are encouraged and contributions (alternative form of of the agency, including whether the will be accepted until June 1, 2021. information will have practical utility; annuity) or an unreduced annuity and ADDRESSES: You may submit comments, no lump sum. 2. Evaluate the accuracy of the identified by docket number and/or agency’s estimate of the burden of the Regulatory Information Number (RIN) Analysis proposed collection of information, and title, by the following method: including the validity of the Agency: Retirement Operations, methodology and assumptions used; —Federal Rulemaking Portal: http:// Retirement Services, Office of Personnel 3. Enhance the quality, utility, and www.regulations.gov. Follow the Management. clarity of the information to be instructions for submitting comments. Title: Alternative Annuity Election. collected; and All submissions received must OMB Number: 3206–0168. 4. Minimize the burden of the include the agency name and docket Frequency: On occasion. collection of information on those who number or RIN for this document. The Affected Public: Individuals or are to respond, including through the general policy for comments and other Households. submissions from members of the public use of appropriate automated, Number of Respondents: 200. is to make these submissions available electronic, mechanical, or other Estimated Time per Respondent: 20 technological collection techniques or for public viewing at http:// www.regulations.gov as they are minutes. other forms of information technology, Total Burden Hours: 67. e.g., permitting electronic submissions received without change, including any of responses. personal identifiers or contact Office of Personnel Management. RI 25–37 is designed to collect information. Alexys Stanley, sufficient information for the Office of FOR FURTHER INFORMATION CONTACT: A Regulatory Affairs Analyst. Personnel Management to determine copy of this ICR with applicable [FR Doc. 2021–06790 Filed 4–1–21; 8:45 am] whether the surviving child of a supporting documentation, may be BILLING CODE 6325–38–P
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OFFICE OF PERSONNEL 2. Evaluate the accuracy of OPM’s INFORMATION CONTACT section by MANAGEMENT estimate of the burden of the proposed telephone for advice on filing collection of information, including the alternatives. Submission for Review: validity of the methodology and FOR FURTHER INFORMATION CONTACT: Representative Payee Survey, RI 38– assumptions used; David A. Trissell, General Counsel, at 115 3. Enhance the quality, utility, and 202–789–6820. clarity of the information to be AGENCY: Office of Personnel SUPPLEMENTARY INFORMATION: collected; and Management. 4. Minimize the burden of the Table of Contents ACTION: 60-Day notice and request for collection of information on those who comments. I. Introduction are to respond, including through the II. Docketed Proceeding(s) use of appropriate automated, SUMMARY: Retirement Services, Office of I. Introduction Personnel Management (OPM) offers the electronic, mechanical, or other general public and other federal technological collection techniques or The Commission gives notice that the agencies the opportunity to comment on other forms of information technology, Postal Service filed request(s) for the an expiring information collection (ICR) e.g., permitting electronic submissions Commission to consider matters related with minor edits, Representative Payee of responses. to negotiated service agreement(s). The Survey, RI 38–115. This ICR has been RI 38–115, Representative Payee request(s) may propose the addition or revised in the following manner: The Survey, is used to collect information removal of a negotiated service display of the OMB control number and about how the benefits paid to a agreement from the market dominant or an updated edition date. representative payee have been used or the competitive product list, or the conserved for the benefit of the modification of an existing product DATES: Comments are encouraged and incompetent annuitant. currently appearing on the market will be accepted until June 1, 2021. Analysis dominant or the competitive product ADDRESSES: You may submit comments, list. identified by docket number and/or Agency: Retirement Operations, Section II identifies the docket Regulatory Information Number (RIN) Retirement Services, Office of Personnel number(s) associated with each Postal and title, by the following method: Management. Service request, the title of each Postal —Federal Rulemaking Portal: http:// Title: Representative Payee Survey. Service request, the request’s acceptance www.regulations.gov. Follow the OMB Number: 3206–0208. date, and the authority cited by the instructions for submitting comments. Frequency: Annually. Postal Service for each request. For each All submissions received must Affected Public: Individuals or request, the Commission appoints an include the agency name and docket Households. officer of the Commission to represent number or RIN for this document. The Number of Respondents: 11,000. the interests of the general public in the general policy for comments and other Estimated Time per Respondent: 20 proceeding, pursuant to 39 U.S.C. 505 submissions from members of the public minutes. (Public Representative). Section II also is to make these submissions available Total Burden Hours: 3,667. establishes comment deadline(s) for public viewing at http:// pertaining to each request. www.regulations.gov as they are Office of Personnel Management. Alexys Stanley, The public portions of the Postal received without change, including any Service’s request(s) can be accessed via Regulatory Affairs Analyst. personal identifiers or contact the Commission’s website (http:// information. [FR Doc. 2021–06789 Filed 4–1–21; 8:45 am] www.prc.gov). Non-public portions of BILLING CODE 6325–38–P FOR FURTHER INFORMATION CONTACT: A the Postal Service’s request(s), if any, copy of this ICR with applicable can be accessed through compliance supporting documentation, may be with the requirements of 39 CFR obtained by contacting the Retirement POSTAL REGULATORY COMMISSION 3011.301.1 Services Publications Team, Office of [Docket Nos. MC2021–79 and CP2021–82] The Commission invites comments on Personnel Management, 1900 E Street, whether the Postal Service’s request(s) NW, Room 3316–L, Washington, DC New Postal Products in the captioned docket(s) are consistent 20415, Attention: Cyrus S. Benson, or with the policies of title 39. For sent via electronic mail to AGENCY: Postal Regulatory Commission. request(s) that the Postal Service states [email protected] or faxed to ACTION: Notice. concern market dominant product(s), (202) 606–0910 or via telephone at (202) applicable statutory and regulatory SUMMARY: 606–4808. The Commission is noticing a requirements include 39 U.S.C. 3622, 39 recent Postal Service filing for the U.S.C. 3642, 39 CFR part 3030, and 39 SUPPLEMENTARY INFORMATION: As Commission’s consideration concerning required by the Paperwork Reduction CFR part 3040, subpart B. For request(s) a negotiated service agreement. This that the Postal Service states concern Act of 1995 (Pub. L. 104–13, 44 U.S.C. notice informs the public of the filing, chapter 35) as amended by the Clinger- competitive product(s), applicable invites public comment, and takes other statutory and regulatory requirements Cohen Act (Pub. L. 104–106), OPM is administrative steps. soliciting comments for this collection include 39 U.S.C. 3632, 39 U.S.C. 3633, DATES: (OMB No. 3206–0208). The Office of Comments are due: April 6, 39 U.S.C. 3642, 39 CFR part 3035, and Management and Budget is particularly 2021. 39 CFR part 3040, subpart B. Comment interested in comments that: ADDRESSES: Submit comments deadline(s) for each request appear in 1. Evaluate whether the proposed electronically via the Commission’s section II. collection of information is necessary Filing Online system at http:// 1 See Docket No. RM2018–3, Order Adopting for the proper performance of functions www.prc.gov. Those who cannot submit Final Rules Relating to Non-Public Information, of OPM, including whether the comments electronically should contact June 27, 2018, Attachment A at 19–22 (Order No. information will have practical utility; the person identified in the FOR FURTHER 4679).
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II. Docketed Proceeding(s) remove provisions covering certain available to DTC are intended to address 1. Docket No(s).: MC2021–79 and ‘‘business-as-usual’’ actions, and (iv) the risks of (a) uncovered losses or CP2021–82; Filing Title: USPS Request make certain technical corrections, as liquidity shortfalls resulting from the to Add First-Class Package Service described in greater detail below. default of one or more of its Participants, and (b) losses arising from Contract 115 to Competitive Product II. Clearing Agency’s Statement of the List and Notice of Filing Materials Purpose of, and Statutory Basis for, the non-default events, such as damage to Under Seal; Filing Acceptance Date: Proposed Rule Change DTC’s physical assets, a cyber-attack, or custody and investment losses, and the March 29, 2021; Filing Authority: 39 In its filing with the Commission, the U.S.C. 3642, 39 CFR 3040.130 through strategy for implementation of such clearing agency included statements tools. The R&W Plan also describes the 3040.135, and 39 CFR 3035.105; Public concerning the purpose of and basis for Representative: Maya Moore; Comments strategy and framework for the orderly the proposed rule change and discussed wind-down of DTC and the transfer of Due: April 6, 2021. any comments it received on the This Notice will be published in the its business in the event the proposed rule change. The text of these Federal Register. implementation of the available statements may be examined at the recovery tools does not successfully Jennie L. Jbara, places specified in Item IV below. The return DTC to financial viability. Alternate Certifying Officer. clearing agency has prepared The R&W Plan is managed and [FR Doc. 2021–06820 Filed 4–1–21; 8:45 am] summaries, set forth in sections A, B, developed by DTC’s parent company, BILLING CODE 7710–FW–P and C below, of the most significant the Depository Trust & Clearing aspects of such statements. Corporation (‘‘DTCC’’),8 and is managed (A) Clearing Agency’s Statement of the by the Office of Recovery & Resolution SECURITIES AND EXCHANGE Purpose of, and Statutory Basis for, the Planning (referred to in the Plan as the COMMISSION Proposed Rule Change ‘‘R&R Team’’) on behalf of DTC, with review and oversight by the DTCC [Release No. 34–91429; File No. SR–DTC– 1. Purpose 2021–004] Management Committee and the Board. The proposed rule change would Proposed Amendments to the R&W Plan Self-Regulatory Organizations; The amend the R&W Plan to (i) reflect Depository Trust Company; Notice of business and product developments, (ii) The Board, or such committees as Filing and Immediate Effectiveness of make certain changes to improve the may be delegated authority by the Board a Proposed Rule Change To Amend clarity of the Plan, (iii) remove from time to time pursuant to its the Recovery & Wind-Down Plan provisions covering certain ‘‘business- charter, is required to review and as-usual’’ actions, and (iv) make certain approve the R&W Plan biennially.9 In March 29, 2021. technical corrections. Each of the connection with the first biennial Pursuant to Section 19(b)(1) of the proposed revisions is further described review of the Plan, DTC is proposing the Securities Exchange Act of 1934 below. revisions described in greater detail (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 below. The proposed rule change is Background notice is hereby given that on March 23, designed to update and enhance the 2021, The Depository Trust Company The R&W Plan was adopted in August clarity of the Plan to ensure it is current (‘‘DTC’’) filed with the Securities and 2018 6 and is maintained by DTC for in the event it is ever necessary to be Exchange Commission (‘‘Commission’’) compliance with Rule 17Ad–22(e)(3)(ii) implemented. None of the proposed the proposed rule change as described under the Act.7 The R&W Plan sets forth changes modify DTC’s general in Items I, II and III below, which Items the plan to be used by the Board and objectives and approach with respect to have been prepared by the clearing DTC management in the event DTC its recovery and wind-down strategy as agency. DTC filed the proposed rule encounters scenarios that could set forth under the current Plan. change pursuant to Section 19(b)(3)(A) potentially prevent it from being able to of the Act 3 and Rule 19b–4(f)(4) provide its critical services as a going A. Proposed Changes To Reflect thereunder.4 The Commission is concern. The R&W Plan is structured as Business or Product Developments publishing this notice to solicit a roadmap that defines the strategy and 1. Updates to DTCC Business Profile, comments on the proposed rule change identifies the tools available to DTC to Intercompany Arrangements, FMI Links from interested persons. either (i) recover, in the event it and Governance experiences losses that exceed its DTC is proposing the following I. Clearing Agency’s Statement of the prefunded resources (such strategies changes to the DTCC Business Profile, Terms of Substance of the Proposed and tools referred to herein as the Intercompany Arrangements, FMI Links Rule Change ‘‘Recovery Plan’’) or (ii) wind-down its and Governance sections of the Plan The proposed rule change 5 consists of business in a manner designed to permit based upon business updates that have amendments to the R&W Plan to (i) the continuation of DTC’s critical occurred since the time the Plan was reflect business and product services in the event that such recovery adopted. developments, (ii) make certain changes efforts are not successful (such strategies to improve the clarity of the Plan, (iii) and tools referred to herein as the 8 DTCC operates on a shared service model with ‘‘Wind-down Plan’’). The recovery tools respect to DTC and its other affiliated clearing 1 15 U.S.C. 78s(b)(1). agencies, National Securities Clearing Corporation 2 17 CFR 240.19b–4. 6 See Securities Exchange Act Release Nos. 83972 (‘‘NSCC{ XE ‘‘NSCC’’ }’’) and Fixed Income 3 15 U.S.C. 78s(b)(3)(A). (August 28, 2018), 83 FR 44964 (September 4, 2018) Clearing Corporation (‘‘FICC’’). Most corporate 4 17 CFR 240.19b–4(f)(4). (SR–DTC–2017–021); and 83953 (August 27, 2018), functions are established and managed on an 5 Capitalized terms not defined herein are defined 83 FR 44381 (August 30, 2018) (SR–DTC–2017– enterprise-wide basis pursuant to intercompany in the Rules, By-Laws and Organization Certificate 803). agreements under which it is generally DTCC that of DTC (the ‘‘Rules’’), available at https:// 7 17 CFR 240.17Ad–22(e)(3)(ii). DTC is a ‘‘covered provides relevant services to DTC, NSCC{ XE www.dtcc.com/-/media/Files/Downloads/legal/ clearing agency’’ as defined in Rule 17Ad-22(a)(5) ‘‘NSCC’’ } and FICC (collectively, the ‘‘Clearing rules/dtc_rules.pdf, or in the Recovery & Wind- under the Act and must comply with paragraph (e) Agencies’’). down Plan of DTC (the ‘‘R&W Plan’’ or ‘‘Plan’’). of Rule 17Ad–22. 9 Supra note 6.
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Section 2.1 (DTCC Business Profile) of include an overview of DTC’s link the words ‘‘, where necessary,’’ to refer the Plan describes that DTCC is a user- arrangements, a related footnote to the to when the council would engage with owned and user-governed holding definition of a ‘‘link’’ under Rule 17Ad– internal working groups. company for a group of direct and 22(a)(8) under the Act, and a table 2. Recovery Tool Characteristics, Legal indirect subsidiaries and joint ventures. (Table 2–C: Links) listing all of DTC’s Basis This section includes a brief summary FMI link arrangements. The table would of each of the three subsidiaries (DTC, list the link, the link category (i.e., Section 7.2 (Effectiveness) of the Plan FICC and NSCC) that have been whether the link is an ‘‘inbound’’ or describes DTC’s legal basis for executing designated as systemically important ‘‘outbound’’ link, a central counterparty, the ‘‘recovery tools’’ 13 that are outlined financial market utilities (‘‘SIFMUs’’) by or matching utility), and a brief in the Recovery Plan. The recovery tools the Financial Stability Oversight description. The proposed rule change are intended to provide DTC with a Council. The proposed rule change would also add a table (Table 2–D: comprehensive set of options to address would revise the introductory paragraph Schedule A Relationships) that would its material risks and support the of this section to remove reference to identify certain critical external service resiliency of its critical services under a joint ventures because DTCC currently providers that, as determined by DTC’s range of stress scenarios. Many of the has no joint ventures. management, do not meet the specified recovery tools are provided for in the Section 2.4 (Intercompany criteria of ‘‘link’’ but nevertheless are Rules. Other recovery tools have legal Arrangements) of the Plan currently subject to the same review process as is basis in contractual arrangements to describes how corporate support conducted for links, referred to within which DTC is a party. services are provided to DTC from DTC as ‘‘Schedule A Relationships,’’ Within this section there is currently DTCC, and to DTCC’s other subsidiaries, and a related footnote. This change a paragraph, under the subheading titled through intercompany agreements would align with the structure of SRO’s ‘‘Basis,’’ that includes a description of under a shared services model. DTC is inventory of Schedule A Relationships. what a non-U.S. applicant (a ‘‘foreign proposing to update Table 2–A (SIFMU Section 4.3 (Recovery and Wind- applicant’’) for DTC membership is Legal Entity Structure and down Program Governance) of the Plan required to submit as part of the Intercompany Agreements), which currently contains a paragraph that membership application process. The delineates DTC’s affiliates, to reflect the identifies DTCC’s ‘‘R&R Steering Group’’ proposed rule change would revise the name change of Omgeo Pte Ltd by as the internal group responsible for description of the application process removing ‘‘Omgeo Pte Ltd’’ and ensuring that each of the Clearing for foreign applicants due to changes to replacing it with the new name of this Agencies observes recovery planning this process that were approved by the entity, ‘‘DTCC Singapore Pte. Ltd.’’ A requirements, and that recovery Commission pursuant to a previous related footnote would also be added to planning is integrated into the Clearing proposed rule change.14 Specifically, make clear that the services provided by Agencies’ overall governance processes the proposed rule change would provide DTCC Singapore Pte. Ltd. are performed including the preparation, review, and that DTC requires foreign applicants to through its branch office in Manila, filing of the Clearing Agencies’ R&W pay DTC a fee, as specified in the Rules, DTCC Manila. Additionally, this section Plans. Pursuant to the proposed rule relating to DTC obtaining an opinion of includes a separate table, Table 2–B, change, DTC would revise Section 4.3 to foreign counsel satisfactory to DTC. that lists each of the DTCC facilities reflect an internal organizational name B. Proposal To Make Certain utilized by the Clearing Agencies and change. The proposal would change the Clarifications to the R&W Plan indicates whether the facility is owned name of the R&R Steering Group to the or leased by DTCC. DTC proposes to ‘‘Recovery and Wind-down Planning 1. Critical Services and Indicative Non- update this table to add Boston, Council’’ to reflect its role as an Critical Services Massachusetts as an additional location advisory body.11 This name change Section 3 (Critical Services) of the of a DTCC facility and to indicate that would not change the composition, role Plan defines the criteria for classifying this facility is leased by DTCC. or responsibilities of this internal group, certain of DTC’s services as ‘‘critical,’’ 15 Currently, Section 2.5 (FMI Links) of which includes selected members of the Plan describes some, but not all, of DTCC’s Management Committee and 13 In addition to existing business-as-usual tools, the key financial market infrastructures members of DTCC’s financial and the R&W Plan describes DTC’s other principal (‘‘FMIs’’), both domestic and foreign, operational risk management, product recovery tools, which include, for example, (i) identifying, monitoring and managing general that DTC has identified as critical management, legal, and treasury/finance business risk and holding sufficient liquid net ‘‘links.’’ 10 In order to better align with teams that are responsible for providing assets funded by equity to cover potential general the structure of DTCC’s inventory of strategic guidance and direction for the business losses pursuant to the Clearing Agency links maintained by DTCC’s Systemic 12 Policy on Capital Requirements (the ‘‘Capital recovery and wind-down program Policy’’), (ii) maintaining the Clearing Agency Risk Office (‘‘SRO’’), which includes all and the Plan. Additionally, for purposes Capital Replenishment Plan (the ‘‘Capital Plan’’) as of DTC’s link relationships, the of clarification, the proposal would add a viable plan for the replenishment of capital proposed rule change would delete the should DTC’s equity fall close to or below the current FMI Links section of the R&W 11 In accordance with DTCC’s Policy on amount being held pursuant to the Capital Policy, Plan and replace it with a revised Governance of Internal Committees and Councils, a and (iii) the process for the allocation of losses ‘‘council’’ is defined as an advisory body that has among Participants as provided in Rule 4. version of Section 2.5 that would no decision-making authority. A council may be 14 Securities Exchange Act Release No. 83544 formed by any committee or a Managing Director. (June 28, 2018), 83 FR 31223 (July 3, 2018) (SR– 10 As defined in Rule 17Ad–22(a)(8) under the Councils will share information, discuss topics, and DTC–2018–002). Prior to that rule change, as Act, a link ‘‘means, for purposes of paragraph make recommendations to its initiating committee reflected in the current Plan, DTC required foreign (e)(20) of [Rule 17Ad–22], a set of contractual and or Managing Director. Councils report up to their applicants to submit an acceptable opinion of operational arrangements between two or more initiating committee or Managing Director. relevant foreign counsel. clearing agencies, financial market utilities, or 12 In 2013, DTCC launched its Recovery & 15 Under the current Plan, the criteria that is used trading markets that connect them directly or Resolution Planning Program for DTC, NSCC, and to identify a DTC service or function as critical indirectly for the purposes of participating in FICC as part of its continued commitment to includes consideration as to whether (1) there is a settlement, cross margining, expanding their enhancing risk management. The Office of Recovery lack of alternative providers or products; (2) failure services to additional instruments or participants, & Resolution Planning was established to manage of the service could impact DTC’s ability to perform or for any other purposes material to their the program and the development of the recovery its book-entry and settlement services; (3) failure of business.’’ 17 CFR 240.17Ad–22(a)(8). and wind-down plans for the Clearing Agencies. the service could impact DTC’s ability to perform
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and identifies such critical services and description to add the phrase ‘‘on the add a sentence to the end of this the rationale for their classification. The issuer’s books and records’’ after the paragraph that would provide that, in identification of DTC’s critical services words ‘‘As owner of the securities.’’ addition to the tools described in Rule is important for evaluating how the DTC believes this change to the 4 (which are to be applied when, and in recovery tools and the wind-down description, which currently does not the order, specified in that Rule), DTC strategy would facilitate and provide for include a reference to the fact that may, in extreme circumstances, borrow the continuation of DTC’s critical DTC’s obligations with respect to net credits from Participants secured by services to the markets it serves. This distribution of ‘‘Cash and Stock collateral of the defaulting Participant.18 section also includes a list of indicative Distributions’’ arise from its ownership DTC believes this additional language is non-critical services. of securities on the books and records of necessary to more clearly set forth the As more fully described below, the the issuer, is necessary to make clear full range of actions and tools DTC may proposed rule change would clarify the that DTC is not the beneficial owner of employ in response to such conditions. description of some of the critical the securities. Section 5.2.4 (Recovery Corridor and services and indicative non-critical Third, in Table 3–C (Indicative Non- Recovery Phase) outlines the early services, and revise one of the Critical DTC Services), the proposed warning indicators to be used by DTC to classification criteria. While these rule change would amend the evaluate its options and potentially changes do not change the classification description of the last indicative non- prepare to enter the ‘‘Recovery Phase,’’ of the relevant service (as being either critical service listed, ‘‘Foreign Tax which phase refers to the actions to be ‘‘critical’’ or ‘‘indicative non-critical’’), Relief Service,’’ to add language to the taken by DTC to restore its financial nor impact the existing classification of beginning of the first sentence to clarify resources and avoid a wind-down of its other services, DTC believes these that this service, which works to reduce business. Included in this section are revisions would enhance the clarity of taxes withheld on non-U.S. company descriptions of potential stress events the descriptions of them. securities to a more favorable rate, is that could lead to recovery, and several First, in the table listing the criteria associated with the critical services early warning indicators and metrics for determining what constitutes a (described in Table 3–B) of ‘‘Cash and that DTC has established to evaluate its critical service, pursuant to the Stock Distributions’’ and ‘‘Mandatory options and potentially prepare to enter proposed rule change, DTC would and Voluntary Corporate Actions.’’ the Recovery Phase. These indicators, delete ‘‘Criteria Determinant #2,’’ and which are referred to in the Recovery 2. Participant Default Losses Through replace it with a description that DTC Plan as recovery corridor indicators the Crisis Continuum believes more fully captures what DTC’s (‘‘Corridor Indicators’’),19 are calibrated book-entry delivery and settlement Section 5 (Participant Default Losses against DTC’s financial resources and services are, and the impact on through the Crisis Continuum) of the are designed to give DTC the ability to transaction processing if these services Plan is comprised of multiple replenish financial resources, typically were not available. Specifically, the subsections that identify the risk through business as usual (‘‘BAU’’) tools language proposed to be deleted management surveillance, tools, and applied prior to entering the Recovery provides that, ‘‘Failure/Disruption of governance that DTC may employ across Phase. Book-Entry Delivery and Settlement an increasing stress environment, Section 5.2.4 also includes language Services (Impact on Transaction Costs): referred to as the ‘‘Crisis Continuum.’’ 16 that requires DTC management to DTC’s settlement of equity and debt This section currently identifies, among review the Corridor Indicators and the security transactions in the U.S. does other things, the tools that can be related metrics at least annually and not have alternative providers or employed by DTC to mitigate losses, modify these metrics as necessary in products.’’ The proposed rule change and mitigate or minimize liquidity would replace the existing language needs, as the market environment ‘‘Corporate Contribution.’’ This amount is 50 with, ‘‘Failure/Disruption of Book-Entry becomes increasingly stressed. As more percent of the ‘‘General Business Risk Capital Requirement,’’ which is calculated pursuant to the Delivery and Settlement Services fully described below, the proposed rule Capital Policy and is an amount sufficient to cover (Impact on Transaction Processing): change would clarify certain language. potential general business losses so that DTC can DTC maintains the books and records of Currently, Section 5.1 (Introduction) continue operations and services as a going concern ownership for equity and debt securities identifies the financial resources if those losses materialize, in compliance with Rule held and serviced by the depository. 17Ad–22(e)(15) under the Act. See 17 CFR available to DTC, pursuant to the Rules, 240.17Ad–22(e)(15). Failure of this service would result in to address losses arising out of the 18 As noted in a footnote to Table 5–C of the Plan, clients’ inability to settle transactions default of a DTC Participant. One each of these tools may be used in accordance with through book-entry movement of paragraph contains a statement that their respective terms and conditions, whether or securities held at DTC.’’ such losses would be satisfied first by not DTC has reached the Recovery Phase, in order Second, in Table 3–B (DTC Critical to complete settlement. applying a Corporate Contribution and 19 The majority of the Corridor Indicators, as Services), the description of critical then, if necessary, by allocating identified in the Recovery Plan, relate directly to service #19, (Cash and Stock remaining losses to non-defaulting conditions that may require DTC to adjust its Distributions) states that ‘‘As the owner Participants, in accordance with Rule strategy for hedging and liquidating collateral of the securities, DTC has an obligation 17 securities, and any such changes would include an 4. The proposed rule change would assessment of the status of the Corridor Indicators. to its Participants to distribute Corridor Indicators include, for example, the principal, interest, dividend payments 16 As set forth in the Recovery Plan, the phases effectiveness and speed of DTC’s efforts to liquidate and other distributions received for of the ‘‘Crisis Continuum’’ include (1) a stable Collateral securities, and an impediment to the those securities. No alternative provider market phase, (2) a stressed market phase, (3) a availability of DTC’s resources to repay any is available.’’ The proposed rule change phase commencing with DTC’s decision to cease to borrowings due to any Participant Default. For each act for a Participant or Affiliated Family of Corridor Indicator, the Recovery Plan identifies (1) would revise the first sentence of this Participants (The Plan refers to an ‘‘Affiliated measures of the indicator, (2) evaluations of the Family’’ of Participants as a number of affiliated status of the indicator, (3) metrics for determining its payment system functions; and (4) the service is entities that are all Participants of DTC), and (4) a the status of the deterioration or improvement of interconnected with other participants and recovery phase. the indicator, and (4) ‘‘Corridor Actions,’’ which are processes within the U.S. financial system (for 17 Rule 4 defines the amount DTC would steps that may be taken to improve the status of the example, with other FMIs, settlement banks, broker- contribute to address a loss resulting from either a indicator, as well as management escalations dealers, and exchanges). Participant default or a non-default event as the required to authorize those steps.
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light of observations from simulation of this term is defined under Rule 4.22 these circumstances, the proposed rule Participant defaults and other analyses. Specifically, pursuant to the proposed change would amend this statement to In order to more closely align with the rule change, the definition of Corporate add the words ‘‘market risk’’ before biennial cycle of DTCC’s multi-member Contribution would be revised to state, ‘‘losses.’’ closeout simulation exercise, the ‘‘The Corporate Contribution is an Second, Table 5–C currently lists (i) proposed rule change would shift the amount that is equal to 50% of the the liquidity tools intended to address timing of management’s review of the amount calculated by DTC in respect of foreseeable liquidity shortfalls that Corridor Indicators and related metrics its General Business Risk Capital would not be covered by DTC’s existing from annually to biennially. DTC Requirement, for losses that occur over liquid resources, (ii) the relevant rules/ believes this change is necessary for any rolling 12 month period.’’ Similarly, documents associated with the consistency with the cycle of the multi- the sentence directly above the applicable tool, and (iii) the process and member closeout simulation in which definition of Corporate Contribution relevant governance required to employ the Corridor Indicators and metrics are would be revised to remove the words the tool. There is introductory language assessed as part of the simulation ‘‘applying the Participants Fund directly above Table 5–C that states, exercise. deposits of all other Participants,’’ and ‘‘The following tools are intended to Also, there is a paragraph in Section replace them with ‘‘charging address foreseeable liquidity shortfalls 5.2.4 and an associated table (Table 5– Participants on a pro rata basis (other that would not be covered by DTC’s B: Loss Waterfall Tools) that delineates than the Defaulting Participant).’’ existing liquid resources and how its the liquidity resources that DTC may Additionally, with respect to the existing qualifying liquid resources may draw upon following a Participant second entry in Table 5–B, ‘‘Loss be replenished (ordered by ease and Default and subsequent cease to act. The Allocation,’’ the descriptive text in the speed to market).’’ For purposes of table has four columns (‘‘Order,’’ ‘‘Responsible Body/Personnel’’ column additional clarity, the proposal would ‘‘Tool,’’ ‘‘Relevant Rules/Documents,’’ would be revised to more closely align add the following parenthetical, ‘‘(for and ‘‘Responsible Body/Personnel’’) and with the same language contained in example, due to non-performance of is organized by the order in which the Rule 4. The revised text would state, committed lenders),’’ after the words liquidity resources are to be applied by ‘‘The Rules provide for loss allocation of ‘‘DTC’s existing liquid resources,’’ and DTC. Currently, the text of this any remaining loss following the to the existing parenthetical would add paragraph describes that DTC may draw Corporate Contribution (plus any the word ‘‘again’’ before ‘‘ordered by upon the Participants Fund Deposit and additional amounts that the Board may ease and speed to market.’’ other collateral of the Participant for determine to apply). Participants will be 3. Non-Default Losses which it has ceased to act as provided obligated to fund loss allocations on the under the Rules, including resources second business day after the Section 6 (Non-Default Losses) of the available under clearing agency cross Corporation issues any such notice.’’ Plan outlines how DTC would address guaranty agreements, and apply such Section 5.3 (Liquidity Shortfalls) losses that result other than from a resources to satisfy any losses that may identifies tools that may be used to Participant Default. This section result from the closeout. In order to be address foreseeable shortfalls of DTC’s provides a roadmap to other documents consistent with the title of Table 5–B, liquidity resources following a that describe these events in greater the proposed rule change would add a Participant Default. As described in detail and outlines DTC’s approach to heading at the beginning this paragraph DTC’s previous proposed rule change monitoring losses that could result from to be titled, ‘‘Loss Waterfall Tools.’’ adopting the Plan,23 the goal in a non-default event. This section also Similarly, consistent with the managing DTC’s liquidity resources is to includes a description of Rule 38 descriptions and order of the tools listed maximize resource availability in an (Market Disruption and Force Majeure), in Table 5–B, the proposed rule change evolving stress situation, to maintain referred to in the Plan as the ‘‘Force would remove the words ‘‘can only be flexibility in the order and use of Majeure Rule,’’ 24 which pertains to how used’’ and shift the phrase ‘‘would be sources of liquidity, and to repay any DTC addresses extraordinary events that applied in the order listed’’ in the text third-party lenders in a timely manner. occur outside the control of DTC and its of the sentence directly above Table 5– The proposed rule change would revise Participants. As more fully described B. Accordingly, under the proposed rule the text described below to better clarify below, the proposed rule change would change, this sentence would read, and enhance the description of the clarify certain language. ‘‘These tools would be applied in the DTC’s liquidity considerations and the Section 6.4 (Resources to Cover Non- order listed in accordance with the use of its liquidity tools. Default Losses) provides that DTC provisions of Rule 4.’’ 20 First, the current text of this section maintains two categories of financial Within Table 5–B, Corporate provides that, as elaborated in the Plan, resources to cover losses and expenses Contribution is the first entry under the there is interaction between market and arising from non-default risks or events: column labeled ‘‘Tool.’’ Currently, the liquidity actions on DTC’s overall risk (i) Liquid Net Assets Funded by Equity narrative for this entry includes a exposures. In particular, the third and (‘‘LNA’’), including, pursuant to Rule 4, description of Corporate Contribution fourth sentences state, ‘‘A longer the required Corporate Contribution,25 and delineates that in the event of a liquidation horizon could lengthen the and (ii) loss-allocation charges to cease to act, before applying the period that [DTC’s] liquidity resources Participants Fund deposits of all other are deployed and could increase the 24 Id. Participants to cover any resulting loss, strain on the liquidity resources. On the 25 See Securities Exchange Act Release Nos. DTC will apply the Corporate other hand, managing the closeout 84426 (October 15, 2018), 83 FR 53138 (October 19, 2018) (SR–DTC–2018–008); and 89361 (July 21, 21 Contribution. The proposed rule process with an eye toward minimizing 2020), 85 FR 45263 (July 27, 2020) (SR–DTC–2020– change would revise the current text of market disruption may reduce resulting 010) (filings amending the Capital Policy and the definition of Corporate Contribution losses.’’ In order to more specifically Capital Plan). The initial Capital Policy and Capital in order to more closely align with how reflect the type of risks to DTC posed in Plan were approved by the Commission in 2017— see Securities Exchange Act Release No. 81105 (July 7, 2017), 82 FR 32399 (July 13, 2017) (SR–DTC– 20 Rule 4, supra note 5. 22 Rule 4, supra note 5. 2017–003, SR–NSCC–2017–004, SR–FICC–2017– 21 Supra note 17. 23 Supra note 6. 007).
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Participants in accordance with the references to the defined terms ‘‘Force ‘‘Runway Period’’ 30 prior to DTC’s provisions of Rule 4.26 Following an Majeure’’ and ‘‘Market Disruption failure, and in connection with its overview of the four buckets of LNA, Event’’ so that they appear as Chapter 11 proceedings, and (v) which can be applied towards non- capitalized terms. preparing constituent documents for the 27 default losses, there is a paragraph The proposed rule change would also Failover Entity 31 and evaluating under the heading, ‘‘Loss Allocation to make revisions to the second paragraph capitalization options. Participants, backed by the Participants of Section 6.6. First, for purposes of Pursuant to the proposed rule change, Fund,’’ that provides that non-default clarity and readability, the following DTC would remove the Business-as- losses could be allocated among text would be removed from the Usual Actions section (currently Section Participants as provided in Rule 4. beginning of the second sentence: ‘‘Most 8.6.1) in its entirety because each of the There is sentence that describes the FMIs have rules designed to deal with timeframe in which such losses charged actions outlined have either been force majeure or market disruption to Participants are required to be paid. completed or would be addressed in events, and.’’ Second, the reference to Currently, this sentence states that DTC’s internal procedures going ‘‘Superstorm Sandy’’ would be removed losses are to be paid by Participants forward. This includes certain from the last sentence of this paragraph ‘‘within 2 business days of the date of documents necessary to effect the wind- along with the related footnote that receipt of a notice of a loss allocation down aspects of the Plan that were in references Superstorm Sandy as an charge. . . .’’ However, this is not the the process of being finalized when the same language used to describe this example of circumstances in which DTC Plan was adopted and have since been timing in Rule 4. In order to be needed to fashion a work-around completed. Since adoption of the Plan,32 consistent with the language necessitated by a force majeure event. DTC has completed all necessary formulation set out in Rule 4, the DTC believes inclusion of references to internal documentation, including proposed rule change would revise this Superstorm Sandy are outdated and no DTCC’s internal wind-down guidance, sentence to state, ‘‘Losses charged to longer necessary to be included in the the constituent documentation for the Participants are required to be paid by Plan. Failover Entity, and the evaluation of Participants on the second business day C. Remove Provisions Covering Certain DTC’s capitalization options. Further, after the Corporation issues any such ‘‘Business-as-Usual’’ Actions the other actions included in this notice of a loss allocation charge and section (e.g., maintaining an index of may be charged to the Participant’s Section 8.6 (Actions and Preparation) non-critical services, educating the Settlement Account when due.’’ 28 The of the Plan sets forth the legal Board on the Plans) would be following sentence would remain as it is framework and strategy for the orderly addressed, going forward, in DTCC’s under the current Plan: ‘‘If not timely wind-down of DTC if the use of the Recovery & Resolution Planning paid by any Participant, the Corporation recovery tools described in the Recovery Procedures maintained by the R&R may apply the Participants Fund Plan do not successfully return DTC to Team.33 As a result of this proposed deposit of that Participant to satisfy its financial viability. This section includes change, current Section 8.6.2 (Recovery loss allocation obligation.’’ an overview of the actions and and Runway Period Actions) would be Section 6.6 (Market Disruption and preparations to be taken by DTC and renumbered as Section 8.6.1. Also, Force Majeure Rule) describes the Force DTCC in connection with executing the consistent with the proposed removal of Majeure Rule. The Force Majeure Rule wind-down portions of the Plan. Section Business-as-Usual Actions that have was adopted at the same time as the 8.6.1 (Business-as-Usual Actions) been completed, the proposed rule Plan 29 and provides an additional describes those actions DTC or DTCC change would remove from the first resiliency tool designed to mitigate the may take to prepare for wind-down in sentence of proposed Section 8.6.1 risks caused by market disruption the period before DTC experiences (current Section 8.6.2) the words events and thereby minimize the risk of financial distress. ‘‘Among other things, the guidance financial loss that may result from such Under the current plan, the Business- would provide’’ and replace them with events. The proposed rule change would as-Usual Actions are (i) educating the ‘‘The DTCC Clearing Agency Wind- remove the following phrase after the Board to keep them informed of the Plan reference to the Force Majeure Rule in and the actions the Board would need 30 The Wind-down Plan identifies the time period the first paragraph of this section, ‘‘, to take to implement it, (ii) engaging in leading up to a decision to wind-down DTC as the adopted in conjunction with this Plan,’’ ‘‘Runway Period.’’ discussions with key linked FMIs as to because it is not necessary as both the 31 As set forth in Section 8.4.1 (General Objectives Plan and the Force Majeure Rule are no the key elements of DTC’s wind-down and Approach) of the Plan, in the event that no strategy and the expected actions of the viable or preferable third-party transferee timely longer newly adopted. In addition, to commits to acquire the business and services of remain consistent with the usage of respective link parties should a wind- down be implemented, (iii) developing DTC, the transfer will be effectuated to a failover ‘‘Force Majeure’’ and ‘‘Market entity created for that purpose (referred to as the Disruption Event’’ throughout this and maintaining an index of internal ‘‘Failover Entity’’), that would be owned by a trust section, DTC would conform all data that includes the critical, ancillary, held, to the extent of the value of the Failover Entity and non-critical services that DTC attributed to DTC’s transferred business and provides to its membership, the support services, for the benefit of DTC’s bankruptcy estate. 26 Rule 4, supra note 5. 32 Supra note 6. 27 As set forth in the Plan, DTC maintains the DTC receives from DTCC and from its 33 The R&R Team is responsible for maintaining following four buckets of LNA, which can be other affiliates, key third-party vendors, the DTCC ‘‘Office of Recovery & Resolution applied towards a non-default loss: (i) General key personnel, DTC assets and Planning Procedures’’ document. The purpose of Business Risk Capital as determined in the Capital liabilities, and agreements and these procedures is to communicate roles and Policy, supra note 25, (ii) the Corporate responsibilities, and procedures for the Contribution, (iii) a ‘‘Buffer,’’ as described in the arrangements DTC has with liquidity documentation of the R&W Plans covering each of Capital Policy, and (iv) excess LNA, which refers providers and with other FMIs, (iv) the Clearing Agencies, in compliance with to any available LNA held at DTC above the developing administrative wind-down applicable rules and regulations. These procedures required amounts for General Business Risk Capital, guidance that identifies key Board and also describe the biennial closeout simulation the Corporate Contribution, and Buffer. exercise whereby the Plans for each clearing agency 28 Rule 4, supra note 5. management actions that would be are tested through the simulation of a multi-member 29 Supra note 6. taken during the Recovery Phase and default.
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down Guidance developed in word ‘‘resulting’’ after the word voluntary loans would be secured on a connection with this Plan provides.’’ ‘‘impact.’’ pari passu basis with committed loans 5. In Section 3.3 (DTC Critical under the facility. This should provide D. Technical Revisions Services List), make the following comfort to such voluntary lenders that The proposal would also make several changes to Table 3–B (DTC Critical make voluntary loans in stress market technical changes and corrections to the Services): (a) In the column titled conditions.’’ Plan. DTC believes that these proposed ‘‘Business Unit Activity,’’ in the entry • In the penultimate paragraph and in changes would not substantively alter for ‘‘8. European Pre-Issuance Table 5–C (in the entry for ‘‘Net Credit the meaning of the applicable sections Messaging,’’ remove the word Reductions,’’ in the column titled and would improve the overall ‘‘European’’ because this service is not ‘‘Process and relevant governance’’), readability and clarity of the Plan. specific to European issues, and (b) in remove the capitalization from the Specifically, DTC is proposing to make the column titled ‘‘Description,’’ in the words ‘‘Net Credit Reductions’’ for the following changes and corrections: narrative for ‘‘20. Mandatory and purposes of consistency when these 1. In Section 1.3 (Summary), in the Voluntary Corporate Actions,’’ remove words are used throughout the Plan. list of topics covered under the Plan, in the capitalization of the words ‘‘Dutch 11. In Section 5.4 (Scenarios Not on the seventh bullet point, add ‘‘Recovery Auctions.’’ Crisis Continuum), capitalize the word Corridor and’’ prior to the words 6. In Section 4.1 (DTCC and SIFMU ‘‘Phase’’ after the words ‘‘Stress ‘‘Recovery Phase’’ to correctly state the Governance Structure), in the third Market.’’ full name of this section of the Plan. paragraph, which lists each of the Board 12. In Section 6.3 (Risk Mitigation), in 2. In Section 1.4 (Conventions), in the committees, delete ‘‘Board’’ before the the footnote that includes the citation to third paragraph, delete the words words ‘‘Risk Committee.’’ Additionally, a previous proposed rule change ‘‘conjunction with’’ and replace them in the footnote in this section that covering the Clearing Agency with ‘‘support of,’’ and delete the words provides the citation of a previous Operational Risk Management ‘‘also adopted’’ and replace them with proposed rule change covering the Framework, add a reference to DTC’s ‘‘maintains.’’ Accordingly, under the Clearing Agency Risk Management amended filing published December 16, proposed rule change, this paragraph Framework, add a reference to DTC’s 2020. would state, ‘‘In support of this Plan, amended filing published July 9, 2020. 13. In Section 6.4 (Resources to Cover DTC maintains (a) a Market Disruption 7. In Section 4.2 (Recovery Non-Default Losses), in the footnote that and Force Majeure Rule (the ‘‘Force Governance), in order to clarify the includes the citation to a previous Majeure Rule{ XE ‘‘Force Majeure types of loss scenarios referred to, at the proposed rule change covering the Rule’’ }’’) and (b) a Wind-down of the beginning of the third sentence, after the Capital Policy and Capital Plan, add a Corporation Rule (the ‘‘Wind-down phrase ‘‘As described throughout reference to DTC’s amended filings Rule{ XE Wind-down Rule’’ }’’), each as Section 5 (Participant Default Losses published July 27, 2020 with respect to described herein.’’ through the Crisis Continuum), the Capital Policy, and October 19, 2018 3. In Section 2.1 (DTCC Business indicators and measures have been with respect to the Capital Plan. Profile), under the heading ‘‘DTCC defined for,’’ add the modifier ‘‘credit/ 14. In Section 6.6 (Market Disruption SIFMU Subsidiaries’’: market and liquidity’’ before ‘‘loss and Force Majeure Rule): • In the description of DTC’s scenarios throughout the Crisis • In the second bullet point of the affiliated clearing agency, NSCC{ XE Continuum (as hereinafter defined).’’ third paragraph, remove the quotation ‘‘NSCC’’}, add ‘‘, netting,’’ after the 8. In Section 5.1 (Introduction), in the marks from the words ‘‘Market word ‘‘clearing’’; and after the words fourth paragraph, capitalize the word Disruption Event’’ and delete the ‘‘exchange-traded,’’ delete ‘‘fund ‘‘board.’’ Additionally, in the footnote parenthetical ‘‘(as defined in the Force (‘‘ETF’’)’’ and replace it with ‘‘products included in this section that provides Majeure Rule)’’ because Market (‘‘ETPs’’).’’ the citation to a previous proposed rule Disruption Event was defined earlier in • In the description of DTC’s other change covering the Clearing Agency this section. affiliated clearing agency, FICC { XE Liquidity Risk Management Framework, • In the second sentence of the fourth ‘‘FICC’’}, with respect to the add a reference to DTC’s amended filing paragraph, for purposes of reflecting Government Securities Division published December 11, 2020. present tense, delete the word ‘‘would’’ (‘‘GSD’’), add the word ‘‘netting,’’ after 9. In Section 5.2.3 (Participant Default before the word ‘‘operate,’’ and pluralize ‘‘clearing.’’ Phase), in the last sentence, for the ‘‘operate.’’ • In the description of the Mortgage- reference to ‘‘Net Credit Reductions’’ • In the first sentence of the second Backed Securities Division (‘‘MBSD{ XE and the related footnote, remove the paragraph: ‘‘MBSD’’ }’’) of FICC, delete the capitalization of the words ‘‘Credit Æ For purposes of reflecting present modifier ‘‘To-Be-Announced’’ before the Reductions.’’ tense and to improve readability, (a) phrase ‘‘pass-through mortgage-backed 10. In Section 5.3 (Liquidity remove the word ‘‘currently’’ prior to securities issued by Ginnie Mae, Shortfalls): ‘‘the Force Majeure Rule’’ and (b) Freddie Mac and Fannie Mae.’’ • In Table 5–C, which lists the tools remove the words ‘‘is designed to • In the sentence that describes that can be used to address liquidity clarify,’’ and replace them with FICC’s publication of the GCF Repo® shortfalls, in the entry for ‘‘Credit ‘‘clarifies,’’ and Index, add the parenthetical ‘‘(‘‘GCF Facility,’’ in the column titled ‘‘Relevant Æ in order to correct a typographical Repos®{ XE ‘‘GCF Repos®’’ }’’)’’after the Rules/Documents,’’ (i) delete error, insert the word ‘‘and’’ in between words ‘‘general collateral finance ‘‘Currently, Section 2.03A(h) of the ‘‘its Participants’’ and ‘‘to mitigate.’’ repurchase transactions.’’ Credit Facility,’’ because reference to a 15. In Section 7.1 4. In Section 3.2 (Criteria Used to specific section of the credit facility (Comprehensiveness), for purposes of Determine Criticality), in the second documentation is not necessary, and (ii) correcting a typographical error, remove sentence that currently states, ‘‘Each for purposes of clarification and the capitalization of the words ‘‘Critical service was assessed for criticality to readability, revise the text of the Services.’’ determine the potential systemic impact description to state, ‘‘The terms of the 16. In Section 7.2 (Effectiveness), from a service disruption,’’ add the Credit Facility provide that any such under the heading ‘‘Reliability,’’ for the
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purpose of correcting typographical be reviewed and approved by the Board clarifications, (iii) remove provisions errors, (a) move the second footnote, annually.’’ covering certain ‘‘business-as-usual’’ currently at the end of the last sentence, 24. In Appendix 1 (Defined Terms), actions, and (iv) make certain technical to the end of the last sentence of the add each of the new defined terms corrections. By helping to ensure that introductory paragraph of Section 7.2 based on the addition of such terms to the R&W Plan reflects current business and (b) in the text of the other footnote the Plan, and delete the defined terms and product developments, and that currently reads, ‘‘See, for example, that were removed based on the deletion providing additional clarity regarding DTCC Whitepaper, CCP Resiliency and of these terms from the Plan. the framework for the transfer and Resources, pg. 2, section 2 (June 2015),’’ 2. Statutory Basis orderly wind-down of DTC’s business, remove ‘‘, section 2.’’ DTC believes that the proposed rule 17. In Section 8.2.1 (Potential DTC believes that the proposal is change would help it continue to Scenarios), in the second sentence of the consistent with the requirements of the maintain the Plan in a manner that fifth paragraph, replace ‘‘enhancements Act and the rules and regulations supports the continuity of DTC’s critical to the loss allocation process are’’ with thereunder applicable to a registered services and enables its Participants and ‘‘the loss allocation process is.’’ clearing agency. In particular, DTC Pledgees to maintain access to DTC’s Accordingly, under the proposed rule believes that the amendments to the services through the transfer of its change this sentence would state, ‘‘As R&W Plan are consistent with Section membership in the event DTC defaults 17A(b)(3)(F) of the Act 35 and Rule or the Wind-down Plan is ever triggered noted above, the loss allocation process 36 is designed so that the Participants 17Ad–22(e)(3)(ii) under the Act, for by the Board. Further, by facilitating the Fund can be applied to losses arising the reasons described below. continuity of its critical clearance and Section 17A(b)(3)(F) of the Act from multiple Participant failures that settlement services, DTC believes the requires, in part, that the rules of DTC occur during an ‘‘Event Period’’, and Plan and the proposed rule change be designed to promote the prompt and there can be successive rounds of loss would continue to promote the prompt accurate clearance and settlement of allocations to address losses arising and accurate clearance and settlement of securities transactions.37 The Recovery with respect to a given Event Period.’’ securities transactions. Therefore, DTC Plan serves to promote the prompt and 18. In Section 8.4.1 (General believes the proposed amendments to accurate clearance and settlement of Objectives and Approach), in the second the R&W Plan are consistent with the securities transactions by providing paragraph, delete the words ‘‘have been requirements of Section 17A(b)(3)(F) of DTC with a roadmap for the actions it amended to’’ after the words ‘‘the the Act. may employ to mitigate losses, and Rules’’ in order to more clearly reflect Rule 17Ad–22(e)(3)(ii) under the Act monitor and, as needed, stabilize DTC’s the fact that the Wind-down of the requires DTC to establish, implement, financial condition, which would allow Corporation Rule 34 was adopted. maintain and enforce written policies it to continue its critical clearance and and procedures reasonably designed to 19. In Section 8.4.2 (Critical Services settlement services in stress situations. maintain a sound risk management and FMI Link Arrangements), for The Recovery Plan is designed to framework for comprehensively purposes of addressing a typographical identify the actions and tools that DTC managing legal, credit, liquidity, error, in the first sentence, after the may use to address and minimize losses operational, general business, words ‘‘other information,’’ remove the to both DTC and its Participants, and investment, custody, and other risks word ‘‘and.’’ provide DTC management and the that arise in or are borne by the covered 20. In Section 8.4.4 (Rules Adopted in Board with guidance in this regard by clearing agency, which includes plans Connection with the Wind-down Plan), identifying the indicators and for the recovery and orderly wind-down under the heading ‘‘Certain Ex Ante governance around the use and of the covered clearing agency Matters,’’ in the first sentence add an application of such tools to enable them necessitated by credit losses, liquidity ‘‘a’’ before the second use of the word to address stress situations in a manner shortfalls, losses from general business ‘‘Transferee.’’ most appropriate for the circumstances. risk, or any other losses.38 The R&W 21. In Section 8.4.6 (Key Further, the Wind-down Plan Plan is designed to comply with Rule Dependencies and Requirements for establishes a framework for the transfer 17Ad–22(e)(3)(ii) and is consistent with Effectiveness), in the last paragraph and orderly wind-down of DTC’s the Act because it provides plans for the under the heading, ‘‘Regulatory business and is designed to facilitate the recovery and orderly wind-down of DTC approvals,’’ revise the word ‘‘see’’ to continuity of DTC’s critical services. It necessitated by credit losses, liquidity ‘‘seek,’’ to address a typographical error. establishes clear mechanisms for the shortfalls, losses from general business 22. In proposed Section 8.6.1 transfer of DTC’s critical services and risk, or any other losses. (currently Section 8.6.2) (Recovery and membership as well as clear provisions Specifically, the Recovery Plan Runway Period Actions), capitalize the for the transfer of the securities defines the risk management activities, word ‘‘chapter’’ in two places where inventory DTC holds in fungible bulk stress conditions and indicators, and ‘‘chapter 11’’ is not capitalized. for Participants. By doing so, the Wind- tools that DTC may use to address stress 23. In Section 8.7 (Costs and Time to down Plan enables Participants and scenarios that could eventually prevent Effectuate Plan), (a) in the second Pledgees to maintain access to DTC’s it from being able to provide its critical sentence of the fifth paragraph, delete services in the event DTC defaults or the services as a going concern. Through the the word ‘‘of’’ between the words Wind-down Plan is triggered by the framework of the Crisis Continuum, the ‘‘detailed’’ and ‘‘analysis,’’ and (b) at the Board. Recovery Plan addresses measures that end of the last sentence of this section, As described above, the proposed rule DTC may take to address risks of credit delete the phrase ‘‘, as provided in the change would update the R&W Plan to losses and liquidity shortfalls, and other Capital Requirements Policy.’’ As a (i) reflect business and product losses that could arise from a Participant result, under the proposed rule change, developments, (ii) make certain default. The Recovery Plan also this sentence would state, ‘‘The addresses the management of general estimated wind-down costs amount will 35 15 U.S.C. 78q–1(b)(3)(F). business risks and other non-default 36 17 CFR 240.17Ad–22(e)(3)(ii). 34 Supra note 6. 37 15 U.S.C. 78q–1(b)(3)(F). 38 17 CFR 240.17Ad–22(e)(3)(ii).
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risks that could lead to losses. The any impact, or impose any burden, on Commission, and all written Wind-down Plan would be triggered by competition. communications relating to the a determination by the Board that proposed rule change between the (C) Clearing Agency’s Statement on recovery efforts have not been, or are Commission and any person, other than Comments on the Proposed Rule unlikely to be, successful in returning those that may be withheld from the Change Received From Members, DTC to viability as a going concern. public in accordance with the Participants, or Others Once triggered, the Wind-down Plan provisions of 5 U.S.C. 552, will be sets forth clear mechanisms for the DTC has not received or solicited any available for website viewing and transfer of DTC’s membership and written comments relating to this printing in the Commission’s Public business, and is designed to facilitate proposal. DTC will notify the Reference Room, 100 F Street NE, continued access to DTC’s critical Commission of any written comments Washington, DC 20549 on official services and to minimize market impact received by DTC. business days between the hours of of the transfer. By establishing the III. Date of Effectiveness of the 10:00 a.m. and 3:00 p.m. Copies of the framework and strategy for the Proposed Rule Change, and Timing for filing also will be available for execution of the transfer and wind- Commission Action inspection and copying at the principal down of DTC in order to facilitate office of DTC and on DTCC’s website continuous access to its critical services, The foregoing rule change has become (http://dtcc.com/legal/sec-rule- the Wind-down Plan establishes a plan effective pursuant to Section filings.aspx). All comments received 40 for the orderly wind-down of DTC. 19(b)(3)(A) of the Act and paragraph will be posted without change. Persons 41 As described above, the proposed rule (f) of Rule 19b–4 thereunder. At any submitting comments are cautioned that change would update the R&W Plan to time within 60 days of the filing of the we do not redact or edit personal (i) reflect business and product proposed rule change, the Commission identifying information from comment developments, (ii) make certain summarily may temporarily suspend submissions. You should submit only clarifications, (iii) remove provisions such rule change if it appears to the information that you wish to make covering certain ‘‘business-as-usual’’ Commission that such action is available publicly. All submissions actions, and (iv) make certain technical necessary or appropriate in the public should refer to File Number SR–DTC– corrections. By ensuring that material interest, for the protection of investors, 2021–004 and should be submitted on provisions of the Plan are current, clear, or otherwise in furtherance of the or before April 23, 2021. and technically correct, DTC believes purposes of the Act. that the proposed amendments are For the Commission, by the Division of designed to support the maintenance of IV. Solicitation of Comments Trading and Markets, pursuant to delegated authority.42 the Plan for the recovery and orderly Interested persons are invited to wind-down of the covered clearing submit written data, views and J. Matthew DeLesDernier, agency necessitated by credit losses, arguments concerning the foregoing, Assistant Secretary. liquidity shortfalls, losses from general including whether the proposed rule [FR Doc. 2021–06777 Filed 4–1–21; 8:45 am] business risk, or any other losses, and, change is consistent with the Act. BILLING CODE 8011–01–P as such, meets the requirements of Rule Comments may be submitted by any of 17Ad–22(e)(3)(ii) under the Act.39 the following methods: Therefore, the proposed changes would SECURITIES AND EXCHANGE Electronic Comments help DTC to maintain the Plan in a way COMMISSION • Use the Commission’s internet that continues to be consistent with the [Release No. 34–91431; File No. SR–CBOE– requirements of Rule 17Ad–22(e)(3)(ii). comment form (http://www.sec.gov/ 2021–018] rules/sro.shtml); or (B) Clearing Agency’s Statement on • Send an email to rule-comments@ Burden on Competition Self-Regulatory Organizations; Cboe sec.gov. Please include File Number SR– Exchange, Inc.; Notice of Filing and DTC does not believe that the DTC–2021–004 on the subject line. Immediate Effectiveness of a Proposed proposed rule change would have any Rule Change To Amend Rule 5.34 impact, or impose any burden, on Paper Comments • Relating to Its Fat Finger Check in competition. DTC does not anticipate Send paper comments in triplicate Connection With Multi-Class Spread that the proposal would affect its day- to Secretary, Securities and Exchange Orders to-day operations under normal Commission, 100 F Street NE, circumstances, or in the management of Washington, DC 20549. March 29, 2021. a typical Participant default scenario or All submissions should refer to File Pursuant to Section 19(b)(1) of the non-default event. The R&W Plan was Number SR–DTC–2021–004. This file Securities Exchange Act of 1934 developed and documented in order to number should be included on the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 satisfy applicable regulatory subject line if email is used. To help the notice is hereby given that on March 17, requirements, as discussed above. The Commission process and review your 2021, Cboe Exchange, Inc. (the proposal is intended to enhance and comments more efficiently, please use ‘‘Exchange’’ or ‘‘Cboe Options’’) filed update the Plan to ensure it is clear and only one method. The Commission will with the Securities and Exchange remains current in the event it is ever post all comments on the Commission’s Commission (‘‘Commission’’) the necessary to be implemented. The internet website (http://www.sec.gov/ proposed rule change as described in proposed revisions would not effect any rules/sro.shtml). Copies of the Items I and II below, which Items have changes to the overall structure or submission, all subsequent been prepared by the Exchange. The operation of the Plan or DTC’s recovery amendments, all written statements Exchange filed the proposed rule change and wind-down strategy as set forth with respect to the proposed rule pursuant to Section 19(b)(3)(A)(iii) of under the current Plan. As such, DTC change that are filed with the believes the proposal would not have 42 17 CFR 200.30–3(a)(12). 40 15 U.S.C 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). 39 Id. 41 17 CFR 240.19b–4(f). 2 17 CFR 240.19b–4.
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the Act 3 and Rule 19b–4(f)(6) A. Self-Regulatory Organization’s floor and are therefore routed to PAR for thereunder.4 The Commission is Statement of the Purpose of, and manual handling (and open outcry publishing this notice to solicit Statutory Basis for, the Proposed Rule trading).8 Specifically, Rule 5.34 comments on the proposed rule change Change provides that the System’s acceptance and execution of orders, quotes, and from interested persons. 1. Purpose bulk messages, as applicable, pursuant I. Self-Regulatory Organization’s The Exchange proposes to amend to the Rules, including Rules 5.31 Statement of the Terms of Substance of Rule 5.34(c)(1), which governs its fat through 5.33, and orders routed to PAR the Proposed Rule Change finger check, to provide that the check pursuant to Rule 5.82 are subject to the will not apply to Multi-Class Spread price protection mechanisms and risk Cboe Exchange, Inc. (the ‘‘Exchange’’ 5 or ‘‘Cboe Options’’) proposes to amend Orders. controls (provided in Rule 5.34), as Currently, Rule 5.34 provides for a fat Rule 5.34 in connection with its fat applicable. As such, the price finger check applicable to both simple finger check in connection with Multi- protections and risk mechanisms under and complex orders, including those Class Spread Orders. The text of the Rule 5.34, including the fat finger check, that are routed to PAR. Specifically, proposed rule change is provided currently apply to Multi-Class Spread Rule 5.34(c)(1) provides that, if a User below. Orders upon routing to PAR. submits a buy (sell) limit order to the Currently, separate servers (i.e., match (additions are italicized; deletions are System with a price that is more than a engines) in the System have direct [bracketed]) buffer amount above (below) the NBO access to and are able to process market (NBB) for simple orders or the SNBO * * * * * information for individual classes and (SNBB) for complex orders,6 the System orders in those classes. For example, Rules of Cboe Exchange, Inc. cancels or rejects the order. The one match engine has direct access to * * * * * Exchange determines a default buffer the Exchange’s BBO 9 for RUT options amount on a class-by-class basis; Rule 5.34. Order and Quote Price and sends that BBO information to the Protection Mechanisms and Risk Controls however, a User may establish a higher Options Price Reporting Authority or lower amount than the Exchange (‘‘OPRA’’) for consolidation into and (a)–(b) No change. default for a class. Pursuant to Rule (c) All Orders. dissemination of the NBBO, and also (1) Limit Order Fat Finger Check. If a User 5.34(c)(1)(B) through (D), the check processes incoming orders (including submits a buy (sell) limit order to the System currently does not apply to complex complex orders) in RUT options, while with a price that is more than a buffer orders prior to the conclusion of the another match engine does the same for amount above (below) the NBO (NBB) for Opening Process, when no NBBO or IWM options. Each single-class match simple orders or the SNBO (SNBB) for SNBBO, as applicable, is available, or to engine also continuously intakes away complex orders, the System cancels or rejects bulk messages or Stop-Limit orders. The market pricing information (i.e. the the order. The Exchange determines a default Exchange proposes to adopt ABBO) 10 from OPRA applicable to the buffer amount on a class-by-class basis; subparagraph (c)(1)(E) which adds class that resides on it. As such, the however, a User may establish a higher or Multi-Class Spread Orders as additional pricing information regarding the NBBO lower amount than the Exchange default for a class. orders to which the fat finger check does (that is, the BBO and the ABBO) (A)–(D) No change. not apply. necessary to calculate the SNBBO (E) This check does not apply to Multi- Specifically, a Multi-Class Spread applicable to a complex order in an Class Spread Orders. Order is an order or quote to buy a individual class essentially ‘‘lives’’ on a * * * * * stated number of contracts of a Broad- particular match engine, thereby Based Index Option 7 and to sell an allowing that particular match engine to The text of the proposed rule change equal number, or an equivalent number, continuously calculate the SNBBO for is also available on the Exchange’s of contracts of a related Broad-Based website (http://www.cboe.com/ Index Option. For example, a Multi- 8 Like any other order submitted for open outcry AboutCBOE/CBOELegalRegulatory Class Spread Order could be composed execution, a Multi-Class Spread Order is Home.aspx), at the Exchange’s Office of of a leg to buy 10 contracts in iShares systematized and submitted to PAR (and the the Secretary, and at the Commission’s applicable price protection mechanisms and risk Russell 2000 ETF (‘‘IWM’’) options and controls are applied upon submission to PAR). Public Reference Room. a leg to sell one contract in Russell 2000 Once on a PAR workstation, a Floor Broker or PAR Index (‘‘RUT’’) options, as IWM is an Official, as applicable, may then represent the order II. Self-Regulatory Organization’s to a trading crowd. The trading crowd provides a Statement of the Purpose of, and exchange-traded fund (‘‘ETF’’) that range of the prices at which they are willing to Statutory Basis for, the Proposed Rule tracks the performance of the RUT Index trade. Specifically, a Multi-Class Spread Order may Change and is 1/10th the value of the RUT be represented at a trading station at which one of the applicable classes trades (i.e., a primary trading Index. Therefore, a spread order with a station). Immediately after (or concurrent with) the In its filing with the Commission, the 10:1 ratio in IWM and RUT options announcement of the order at the primary trading Exchange included statements creates an equivalent number of station, the representing TPH must contact the concerning the purpose of and basis for contracts of related Broad-Based Index Designated Primary Market-Maker (DPM), Lead the proposed rule change and discussed Market-Maker (LMM) or appropriate Exchange staff Options and constitutes a Multi-Class at the trading station where the other applicable any comments it received on the Spread Order pursuant to the Exchange class trades to announce the order to the other proposed rule change. The text of these Rules. Multi-Class Spread Orders may trading crowd. See Rule 5.85(d). The Floor Broker statements may be examined at the only execute on the Exchange’s trading may then execute the Multi-Class Spread Order places specified in Item IV below. The against quotes provided from the crowd, in accordance with priority principles set forth in Rule Exchange has prepared summaries, set 5 See Rules 5.6(c) and 5.85(d). 5.85(a). forth in sections A, B, and C below, of 6 The SNBBO is the national best bid and offer for 9 The term ‘‘BBO’’ means the best bid or offer the most significant aspects of such a complex strategy calculated using the NBBO for disseminated on the Exchange. See Rule 1.1. statements. each component of a complex strategy. See Rule 10 The term ‘‘ABBO’’ means the best bid(s) or 5.33(a). offer(s) disseminated by other Eligible Exchanges 7 For the purposes of a Multi-Class Spread Order, (as defined in Rule 5.65) and calculated by the 3 15 U.S.C. 78s(b)(3)(A)(iii). a Broad-Based Index Option includes Broad-Based Exchange based on market information the 4 17 CFR 240.19b–4(f)(6). Indexes, ETF and ETNs. See Rule 5.6(c). Exchange receives from OPRA. See Rule 1.1.
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complex orders in that individual class the time it receives the order, it assumes legitimately priced around the leg without delay. that the NBBOs applicable to the leg markets at the time those orders were There is also a separate match engine markets of an incoming Multi-Class entered. in the System that is specifically Spread Order are zero. As such, when The Exchange notes that a User’s dedicated to cross-class orders. This the cross-class match engine receives a Multi-Class Spread Orders would still match engine would process, for Multi-Class Spread Order, it then be subject to other price protections example, an incoming RUT/IWM Multi- attempts to calculate the SNBBO for the already in place on the Exchange. Class Spread Order. Unlike the single- legs of a Multi-Class Spread Order Particularly, all Multi-Class Spread class match engines, the pricing pursuant to Rule 5.33(h)(3). Rule Orders are always subject to manual information regarding the NBBOs that 5.33(h)(3) provides that, in relevant part, handling, which permits opportunities are necessary to calculate the SNBBOs if there is a zero NBB and zero NBO, the for brokers to evaluate the prices of applicable to Multi-Class Spread Orders System replaces the zero NBB with a orders based on then-existing market do not ‘‘live’’ on the cross-class match price equal to one minimum increment conditions and, thus, creates minimal engine. That is, the cross-class match and replaces the zero NBO with a price risk of executions at erroneous prices. engine does not have direct access to the equal to two minimum increments. Additionally, the System applies BBOs that reside on the Exchange’s Such a resulting SNBBO is unlikely to various price checks for complex orders, single class match engines, nor does it represent the actual market for a Multi- such as: A debit/credit reasonability continuously stream the necessary away Class Spread Order. Therefore, the check (which rejects a complex order market ABBO pricing information from cross-class match engine is currently that is a limit order for a debit (credit) OPRA, for each class that could possibly unable to determine an SNBBO that strategy with a net credit (debit) price comprise the legs of a Multi-Class accurately reflects leg market prices that that exceeds a pre-set buffer or a market Spread Order.11 The Exchange notes comprise Multi-Class Spread Orders. As order for a credit strategy that would that technical limitations prevent the a result, this match engine regularly execute at a net debit price that exceeds different, single-class match engines rejects Multi-Class Spread Orders that a pre-set buffer); 14 and a maximum from directly sending the Exchange’s may otherwise be appropriately priced value acceptable price range check BBO information to the cross-class around the current leg market NBBOs. (which rejects an order that is a vertical, match engine, or the cross-class match The Exchange has received feedback true butterfly, or box spread and is a engine from continuously receiving from Users that the current application limit order with, or a market order that ABBO pricing information from OPRA of the fat finger check to Multi-Class would execute at, a price that is outside that may be applicable to the leg Spread Orders (which are floor-only) is of an acceptable price range, set by the markets of a Multi-Class Spread Order too limited.13 Indeed, the primary minimum and maximum possible value given the significant amount of ABBO purpose of the fat finger check is to of the spread, subject to an additional leg market information from OPRA that prevent limit orders from executing at buffer amount).15 Overall, the Exchange would be necessary to apply the fat potentially erroneous prices upon entry believes the proposed rule change will finger check to all possible leg if the limit prices are too far away from provide additional execution combinations for Multi-Class Spread the then-current SNBBO. As stated, the opportunities for Multi-Class Spread Orders.12 As a result, the cross-class System is unable to calculate the Orders while continuing to provide match engine does not receive all of the SNBBO for the fat finger check in a protection against executions at prices necessary pricing information regarding manner that accurately reflects current that may be erroneous. the NBBOs from OPRA for each leg of leg market prices for Multi-Class Spread an incoming Multi-Class Spread Order Orders due to the technical limitations 2. Statutory Basis to generate an SNBBO for that order. that prevent the cross-class match The Exchange believes the proposed Because the cross-class match engine engine from receiving all possible rule change is consistent with the has no NBBOs for the leg markets of an NBBOs necessary to calculate the Securities Exchange Act of 1934 (the incoming Multi-Class Spread Order at SNBBOs applicable to Multi-Class ‘‘Act’’) and the rules and regulations Spread Orders. As a result, the cross- thereunder applicable to the Exchange 11 The only NBBO information that the cross-class class match engine calculates SNBBOs and, in particular, the requirements of match engine streams directly from OPRA is for for the fat finger check applicable an Section 6(b) of the Act.16 Specifically, SPX/SPXW. The match engine dedicated to SPX/ incoming Multi-Class Spread Order SPXW first sends to OPRA the SPX/SPXW BBOs the Exchange believes the proposed rule from that match engine, and OPRA then under the assumption that the NBBO change is consistent with the Section disseminates to the wider market the NBBO pricing values for the orders’ leg markets are 6(b)(5) 17 requirements that the rules of information for SPX/SPXW (which are also the zero. That is, it attempts to substitute an exchange be designed to prevent BBOs for SPX/SPXW) at which point the cross-class the minimum increment spread for each match engine then receives the SPX/SPXW NBBO fraudulent and manipulative acts and information from OPRA. leg market of the Multi-Class Spread practices, to promote just and equitable 12 The Exchange notes that the substantial Order to calculate an SNBBO for the fat principles of trade, to foster cooperation possible combinations of classes that may comprise finger check and, therefore, the fat finger and coordination with persons engaged Multi-Class Spread Orders results in a significant check applied may not provide the most in regulating, clearing, settling, amount of market information that must be accurate reflection of the best prices funneled into the one match engine dedicated to processing information with respect to, cross-class orders. The System does not have currently available in those leg markets. and facilitating transactions in unlimited capacity and is unable to directly feed all As a result, the System may reject Multi- securities, to remove impediments to leg market prices that could potentially comprise a Class Spread Orders for being too far and perfect the mechanism of a free and Multi-Class Spread Order into the single cross-class away from the substitute SNBBO, even match engine without potentially creating a delay open market and a national market in the cross-class match engine’s processing though such orders may otherwise be system, and, in general, to protect capacity. The Exchange notes that there are investors and the public interest. currently 32 different classes eligible to comprise 13 The Exchange notes that such instances and, the legs of a Multi-Class Spread Order. The consequently, User feedback given to the Exchange 14 Exchange believes it would be an inefficient use of regarding the fat finger limitations in connection See Rule 5.34(b)(3). capacity to stream data for all classes into the cross- with their Multi-Class Spread Orders, have 15 See Rule 5.34(b)(5). class match engine, as most of that information occurred as a result of the Exchange’s technology 16 15 U.S.C. 78f(b). would not be used. migration completed in October 2019. 17 15 U.S.C. 78f(b)(5).
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Additionally, the Exchange believes the System with an accurate measure to III. Date of Effectiveness of the proposed rule change is consistent with which it may apply an appropriate fat Proposed Rule Change and Timing for the Section 6(b)(5) 18 requirement that finger buffer. Additionally, other price Commission Action the rules of an exchange not be designed protections and safeguards, such as real- The Exchange has filed the proposed to permit unfair discrimination between time broker evaluation of floor-based rule change pursuant to Section customers, issuers, brokers, or dealers. pricing and other System-applied price 19(b)(3)(A)(iii) of the Act 20 and Rule In particular, the Exchange believes checks, will continue to apply to Multi- 19b–4(f)(6) thereunder.21 Because the the proposed rule change to exclude Class Spread Orders, and thereby will proposed rule change does not: (i) Multi-Class Spread Orders from the fat continue to provide protection against Significantly affect the protection of finger check removes impediments to executions at prices that may be investors or the public interest; (ii) and perfects the mechanism of a free erroneous. impose any significant burden on and open market and a national market competition; and (iii) become operative system, and, in general, protects B. Self-Regulatory Organization’s Statement on Burden on Competition prior to 30 days from the date on which investors and the public interest by it was filed, or such shorter time as the The Exchange does not believe that providing additional execution Commission may designate, if the proposed rule change will impose opportunities for cross-class orders that consistent with the protection of any burden on competition that is not may be appropriately priced in investors and the public interest, the necessary or appropriate in furtherance connection with current leg market proposed rule change has become of the purposes of the Act. The prices. The proposed change is intended effective pursuant to Section 19(b)(3)(A) Exchange does not believe that the to benefit investors, from which the of the Act and Rule 19b–4(f)(6)(iii) proposed rule change will impose any Exchange has received feedback thereunder. regarding the current limitations of the burden on intramarket competition that A proposed rule change filed under fat finger check for Multi-Class Spread is not necessary or appropriate in Rule 19b–4(f)(6) 22 normally does not Orders. The Exchange believes the furtherance of the purposes of the Act become operative prior to 30 days after proposed rule change will permit the because all Users’ Multi-Class Spread the date of the filing. However, pursuant System to accept these investors’ orders Orders will be excluded from the fat to Rule 19b–4(f)(6)(iii),23 the that may be submitted with prices that finger check in the same manner. The Commission may designate a shorter accurately reflect current leg markets Exchange notes that the Rules currently time if such action is consistent with the instead of rejecting them because of the exclude other types of orders from the protection of investors and the public fat finger check’s substitution of NBBO fat finger check. Also, as described interest. The Exchange has asked the information to calculate an applicable above, all Users’ Multi-Class Spread Commission to waive the 30-day SNBBO due to technical limitations that Orders will continue to be subject to operative delay so that the proposal may prevent the cross-class match engine other specific price controls or become operative immediately upon from receiving the pricing information safeguards, such as real-time broker filing. The Exchange states that waiver regarding the NBBOs for the applicable evaluation of floor-based pricing and of the operative delay will allow the leg markets of an incoming Multi-Class other System-applied price checks, Exchange to mitigate as soon as Spread Order, as it cannot directly which provide protection against practicable the limitations associated access and continuously intake the same executions at prices that may be with the fat finger check by permitting information through the System. As a erroneous. the System to accept legitimately priced The Exchange does not believe that result, the Exchange believes the Multi-Class Spreads Orders that the the proposed rule change will impose proposed rule change may increase System currently rejects inappropriately any burden on intermarket competition execution opportunities for investors by because it uses an SNBBO calculated allowing their floor-based orders an that is not necessary or appropriate in with substitute NBBO information. The opportunity to be manually represented furtherance of the purposes of the Act System’s acceptance of these Multi- in open outcry instead of being rejected because it relates solely to whether the Class Spread Orders will allow by the System before even arriving at System will accept certain orders for additional execution opportunities for 19 PAR for manual handling. execution on the Exchange [sic] The these orders. The Exchange notes that Moreover, the Exchange believes that Exchange believes the proposed rule Multi-Class Spread Orders will continue the proposed rule change is consistent change would provide all market to be subject to other price protections with the general protection of investors participants with additional execution and safeguards that serve to protect because, pursuant to Rule 5.34(c)(1)(C), opportunities in connection with their against executions at prices that may be the System currently does not apply the Multi-Class Spread Orders while still erroneous. The Commission believes fat finger check in instances in which providing protection from anomalous or that excluding Multi-Class Spread the SNBBO is not available and the erroneous executions. To the extent that Orders from the fat finger check will System therefore cannot apply an market participants find the proposed benefit investors by providing execution appropriate buffer. Similarly, due to exclusion of the fat finger check to their opportunities for Multi-Class Spread technical limitations, the SNBBO is not complex strategies more favorable for Orders that are priced accurately based available for Multi-Class Spread Orders execution of such orders, other on current leg market prices but that the and while the System uses an available exchanges may adopt functionality to System currently rejects because, as substitute, this may not accurately similarly handle such complex described above, the System determines reflect current leg market prices. strategies. the SNBBO required by the price check Therefore, the proposed rule change C. Self-Regulatory Organization’s using a substitute NBBO calculation, as excludes such orders from the fat finger Statement on Comments on the provided in Cboe Rule 5.33(h)(3), as a for essentially the same reasons as Rule Proposed Rule Change Received From result of system limitations that prevent 5.34(c)(1)(C)—that the SNBBO may not Members, Participants, or Others be available in order to provide the 20 15 U.S.C. 78s(b)(3)(A)(iii). The Exchange neither solicited nor 21 17 CFR 240.19b–4(f)(6). 18 Id. received comments on the proposed 22 17 CFR 240.19b–4(f)(6). 19 See supra note 8. rule change. 23 17 CFR 240.19b–4(f)(6)(iii).
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the cross-class server from receiving • Send an email to rule-comments@ SECURITIES AND EXCHANGE BBO and ABBO information for the sec.gov. Please include File Number SR– COMMISSION classes that could be components of a CBOE–2021–018 on the subject line. Multi-Class Spread Order. The proposal [Release No. 34–91430; File No. SR–FICC– will allow accurately priced Multi-Class Paper Comments 2021–002] Spread Orders to be represented in open • Send paper comments in triplicate outcry rather than being rejected Self-Regulatory Organizations; Fixed to Secretary, Securities and Exchange inappropriately when they are Income Clearing Corporation; Notice of Commission, 100 F Street NE, submitted to PAR. The Commission Filing and Immediate Effectiveness of notes that the Exchange has received Washington, DC 20549–1090. a Proposed Rule Change To Amend the Recovery & Wind-Down Plan feedback from investors indicating that All submissions should refer to File the current application of the fat finger Number SR–CBOE–2021–018. This file March 29, 2021. check to Multi-Class Spread Orders is number should be included on the Pursuant to Section 19(b)(1) of the too limited. In addition, the subject line if email is used. To help the Securities Exchange Act of 1934 Commission notes that Multi-Class Commission process and review your (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Spread Orders, which trade only on the comments more efficiently, please use notice is hereby given that on March 23, Exchange’s floor, will continue to be only one method. The Commission will 2021, Fixed Income Clearing subject to other safeguards, including post all comments on the Commission’s Corporation (‘‘FICC’’) filed with the real-time broker evaluation of floor- internet website (http://www.sec.gov/ Securities and Exchange Commission based pricing and other System-applied (‘‘Commission’’) the proposed rule price checks that are designed to rules/sro.shtml). Copies of the change as described in Items I, II and III provide protection against executions at submission, all subsequent below, which Items have been prepared prices that may be erroneous. The amendments, all written statements by the clearing agency. FICC filed the Commission also notes that the with respect to the proposed rule proposed rule change pursuant to Exchange will announce the change that are filed with the Commission, and all written Section 19(b)(3)(A) of the Act 3 and Rule implementation of the proposal to 4 Trading Permit Holders in advance via communications relating to the 19b–4(f)(4) thereunder. The Trade Desk Notice. For these reasons, proposed rule change between the Commission is publishing this notice to the Commission believes that waiver of Commission and any person, other than solicit comments on the proposed rule change from interested persons. the 30-day operative delay is consistent those that may be withheld from the with the protection of investors and the public in accordance with the I. Clearing Agency’s Statement of the public interest. Accordingly, the provisions of 5 U.S.C. 552, will be Terms of Substance of the Proposed Commission hereby waives the 30-day available for website viewing and Rule Change operative delay and designates the printing in the Commission’s Public The proposed rule change 5 consists of proposal operative upon filing.24 Reference Room, 100 F Street NE, amendments to the R&W Plan to (i) At any time within 60 days of the Washington, DC 20549, on official filing of such proposed rule change, the reflect business and product business days between the hours of Commission summarily may developments, (ii) make certain changes 10:00 a.m. and 3:00 p.m. Copies of the temporarily suspend such rule change if to improve the clarity of the Plan, (iii) it appears to the Commission that such filing also will be available for remove provisions covering certain action is necessary or appropriate in the inspection and copying at the principal ‘‘business-as-usual’’ actions, and (iv) public interest, for the protection of office of the Exchange. All comments make certain technical corrections, as investors, or otherwise in furtherance of received will be posted without change. described in greater detail below. the purposes of the Act. If the Persons submitting comments are II. Clearing Agency’s Statement of the Commission takes such action, the cautioned that we do not redact or edit Purpose of, and Statutory Basis for, the Commission shall institute proceedings personal identifying information from Proposed Rule Change under Section 19(b)(2)(B) 25 of the Act to comment submissions. You should determine whether the proposed rule submit only information that you wish In its filing with the Commission, the change should be approved or to make available publicly. All clearing agency included statements disapproved. submissions should refer to File concerning the purpose of and basis for the proposed rule change and discussed Number SR–CBOE–2021–018, and IV. Solicitation of Comments any comments it received on the should be submitted on or before April proposed rule change. The text of these Interested persons are invited to 23, 2021. submit written data, views, and statements may be examined at the arguments concerning the foregoing, For the Commission, by the Division of places specified in Item IV below. The including whether the proposed rule Trading and Markets, pursuant to delegated clearing agency has prepared change is consistent with the Act. authority.26 summaries, set forth in sections A, B, Comments may be submitted by any of J. Matthew DeLesDernier, the following methods: Assistant Secretary. 1 15 U.S.C. 78s(b)(1). 2 [FR Doc. 2021–06776 Filed 4–1–21; 8:45 am] 17 CFR 240.19b–4. Electronic Comments 3 15 U.S.C. 78s(b)(3)(A). • Use the Commission’s internet BILLING CODE 8011–01–P 4 17 CFR 240.19b–4(f)(4). comment form (http://www.sec.gov/ 5 Capitalized terms not defined herein are defined rules/sro.shtml); or in the FICC Government Securities Division (‘‘GSD’’) Rulebook (the ‘‘GSD Rules’’) or the FICC Mortgage-Backed Securities Division (‘‘MBSD’’) 24 For purposes only of waiving the 30-day Clearing Rules (the ‘‘MBSD Rules,’’ and collectively operative delay, the Commission has considered the with the GSD Rules, the ‘‘Rules’’), available at proposed rule’s impact on efficiency, competition, https://www.dtcc.com/legal/rules-and-procedures, and capital formation. See 15 U.S.C. 78c(f). or in the Recovery & Wind-down Plan of FICC (the 25 15 U.S.C. 78s(b)(2)(B). 26 17 CFR 200.30–3(a)(12). ‘‘R&W Plan’’ or ‘‘Plan’’).
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and C below, of the most significant wind-down of FICC and the transfer of services. Going forward, the Plan would aspects of such statements. its business in the event the refer only to BNY as GSD’s clearing implementation of the available bank. (A) Clearing Agency’s Statement of the recovery tools does not successfully Purpose of, and Statutory Basis for, the 2. Updates to DTCC Business Profile, return FICC to financial viability. Proposed Rule Change Intercompany Arrangements, FMI Links The R&W Plan is managed and and Governance 1. Purpose developed by FICC’s parent company, FICC is proposing the following The proposed rule change would the Depository Trust & Clearing 9 changes to the DTCC Business Profile, amend the R&W Plan to (i) reflect Corporation (‘‘DTCC’’), and is managed Intercompany Arrangements, FMI Links business and product developments, (ii) by the Office of Recovery & Resolution and Governance sections of the Plan make certain changes to improve the Planning (referred to in the Plan as the based upon business updates that have clarity of the Plan, (iii) remove ‘‘R&R Team’’) on behalf of FICC, with occurred since the time the Plan was provisions covering certain ‘‘business- review and oversight by the DTCC adopted. as-usual’’ actions, and (iv) make certain Management Committee and the Board. Section 2.1 (DTCC Business Profile) of technical corrections. Each of the Proposed Amendments to the R&W Plan the Plan describes that DTCC is a user- proposed revisions is further described The Board, or such committees as owned and user governed holding below. may be delegated authority by the Board company for a group of direct and Background from time to time pursuant to its indirect subsidiaries and joint ventures. charter, is required to review and This section includes a brief summary The R&W Plan was adopted in August 10 2018 6 and is maintained by FICC for approve the R&W Plan biennially. In of each of the three subsidiaries (DTC, compliance with Rule 17Ad–22(e)(3)(ii) connection with the first biennial FICC and NSCC) that have been under the Act.7 The R&W Plan sets forth review of the Plan, FICC is proposing designated as systemically important the plan to be used by the Board and the revisions described in greater detail financial market utilities (‘‘SIFMUs’’) by FICC management in the event FICC below. The proposed rule change is the Financial Stability Oversight encounters scenarios that could designed to update and enhance the Council. The proposed rule change potentially prevent it from being able to clarity of the Plan to ensure it is current would revise the introductory paragraph provide its critical services as a going in the event it is ever necessary to be of this section to remove reference to concern. The R&W Plan is structured as implemented. None of the proposed joint ventures because DTCC currently a roadmap that defines the strategy and changes modify FICC’s general has no joint ventures. identifies the tools available to FICC to objectives and approach with respect to Section 2.4 (Intercompany either (i) recover, in the event it its recovery and wind-down strategy as Arrangements) of the Plan currently experiences losses that exceed its set forth under the current Plan. describes how corporate support services are provided to FICC from prefunded resources (such strategies A. Proposed Changes To Reflect DTCC, and to DTCC’s other subsidiaries and tools referred to herein as the Business or Product Developments ‘‘Recovery Plan’’), or (ii) wind-down its through intercompany agreements 1. GSD Clearing Bank Update business in a manner designed to permit under a shared services model. FICC is the continuation of FICC’s critical Section 2 (Business Overview) of the proposing to update Table 2–A (SIFMU services in the event that such recovery R&W Plan describes DTCC’s business Legal Entity Structure and efforts are not successful (such strategies profile and includes a summary of the Intercompany Agreements), which and tools referred to herein as the services of FICC offered by each of GSD delineates FICC’s affiliates to reflect the ‘‘Wind-down Plan’’). The recovery tools and MBSD (collectively, the name change of Omgeo Pte Ltd by available to FICC are intended to ‘‘Divisions’’). Under the current Plan, removing ‘‘Omgeo Pte Ltd’’ and address the risks of (a) uncovered losses the section that summarizes GSD’s replacing it with the new name of this or liquidity shortfalls resulting from the services (Section 2.2) states that GSD entity, ‘‘DTCC Singapore Pte. Ltd.’’ A default of one or more of its Members,8 employs the services of two clearing related footnote would also be added to and (b) losses arising from non-default banks, The Bank of New York Mellon make clear that the services provided by events, such as damage to FICC’s (‘‘BNY{XE ‘‘BNY’’}’’) and JPMorgan DTCC Singapore Pte. Ltd. are performed physical assets, a cyber-attack, or Chase Bank, N.A. (‘‘JPM’’), in which through its branch office in Manila, custody and investment losses, and the Members may instruct their clearing DTCC Manila. Additionally, this section strategy for implementation of such bank to transfer securities. The includes a separate table, Table 2–B, tools. The R&W Plan also describes the proposed rule change would delete all that lists each of the DTCC facilities strategy and framework for the orderly references in this section, and an utilized by the Clearing Agencies and associated footnote, to JPM as a GSD indicates whether the facility is owned 6 See Securities Exchange Act Release Nos. 83973 clearing bank. FICC is proposing this or leased by DTCC. FICC proposes to (August 28, 2018), 83 FR 44942 (September 4, 2018) change because since the time the Plan update this table to add Boston, (SR–FICC–2017–021); and 83954 (August 27, 2018), was adopted, JPM exited the business of Massachusetts as an additional location 83 FR 44361 (August 30, 2018) (SR–FICC–2017– of a DTCC facility and to indicate that 805). providing U.S. government clearing 7 17 CFR 240.17Ad–22(e)(3)(ii). FICC is a this facility is leased by DTCC. ‘‘covered clearing agency’’ as defined in Rule 9 DTCC operates on a shared service model with Currently, Section 2.5 (FMI Links) of 17Ad–22(a)(5) under the Act and must comply with respect to FICC and its other affiliated clearing the Plan describes some, but not all, of paragraph (e) of Rule 17Ad–22. agencies, The Depository Trust Company{XE the key financial market infrastructures 8 References herein to ‘‘Members’’ refer to GSD ‘‘NSCC’’} (‘‘DTC’’) and National Securities Clearing Corporation (‘‘NSCC’’). Most corporate functions are (‘‘FMIs’’) that FICC has identified as Netting Members and MBSD Clearing Members. 11 References herein to ‘‘Limited Members’’ refer to established and managed on an enterprise-wide critical ‘‘links.’’ In order to better participants of GSD or MBSD other than GSD basis pursuant to intercompany agreements under Netting Members and MBSD Clearing Members, which it is generally DTCC that provides relevant 11 As defined in Rule 17Ad–22(a)(8) under the including, for example, GSD Comparison-Only services to FICC, DTC {XE ‘‘NSCC’’} and NSCC Act, a link ‘‘means, for purposes of paragraph Members, GSD Sponsored Members, GSD CCIT (collectively, the ‘‘Clearing Agencies’’). (e)(20) of [Rule 17Ad–22], a set of contractual and Members, and MBSD EPN Users. 10 Supra note 6. Continued
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align with the structure of DTCC’s DTCC’s Management Committee and Triparty (‘‘CCIT’’) service.16 The text of inventory of links maintained by members of DTCC’s financial and the description of this service would DTCC’s Systemic Risk Office (‘‘SRO’’), operational risk management, product state that the CCIT service extends which includes all of FICC’s link management, legal and treasury/finance central counterparty (‘‘CCP’’) services relationships, the proposed rule change teams that are responsible for providing and guarantee of completion of eligible would delete the current ‘‘FMI Links’’ strategic guidance and direction for the trades to tri-party repo transactions section of the R&W Plan and replace it recovery and wind-down program 13 between GSD dealer members and with a revised version of Section 2.5 and the Plan. Additionally, for purposes eligible tri-party money lenders. In the that would include an overview of of clarification, the proposal would add column that delineates the determinants FICC’s link arrangements, a related the words ‘‘, where necessary,’’ to refer for the classification of CCIT as a critical footnote to the definition of a ‘‘link’’ to when the council would engage with service, it would denote by check marks under Rule 17Ad–22(a)(8) under the internal working groups. that this is because of (i) a lack of Act, and a table, (Table 2–C: Links) alternative providers and products, (ii) a listing all of FICC’s FMI link 3. Update to GSD’s Critical Services failure/disruption of CCP services arrangements. The table would list the Section 3 (Critical Services) of the (impact on credit availability), and (iii) link, the link category (i.e., CCP Cross- Plan defines the criteria for classifying a failure/disruption of cash payment Margining or Cross-Guaranty certain of FICC’s services as processing services (impact on credit Arrangements), and a brief description. ‘‘critical,’’ 14 and identifies such critical and liquidity). The proposed rule change would also services and the rationale for their Second, the sponsored membership add a table (Table 2–D: Schedule A classification. The identification of service 17 would be added as a critical Relationships) that would identify FICC’s critical services is important for service. The text of the description certain critical external service evaluating how the recovery tools and would state that sponsored membership providers that, as determined by FICC’s the wind-down strategy would facilitate offers eligible GSD Netting Members the management, do not meet the specified and provide for the continuation of ability to engage in FICC-cleared cash criteria of ‘‘link’’ but nevertheless are FICC’s critical services to the markets it lending and cash borrowing transactions subject to the same review process as is serves. This section also includes a list in U.S. Treasury and agency securities conducted for links, referred to within of indicative non-critical services. and outright purchases and sales of such FICC as ‘‘Schedule A Relationships,’’ This section includes a table (Table 3– securities. Sponsoring Members and a related footnote. This change B: GSD Critical Services) that lists each facilitate their sponsored clients’ GSD would align with the structure of SRO’s of the services, functions or activities of trading activity and act as processing inventory of Schedule A Relationships. GSD that FICC has identified as agents on their behalf for all operational Section 4.3 (Recovery and Wind- ‘‘critical’’ based on the applicability of functions, including trade submission down Program Governance) of the Plan the criteria. There is also a table listing and settlement with the CCP. In the currently contains a paragraph that MBSD’s critical services (Table 3–C: column that delineates the determinants identifies DTCC’s ‘‘R&R Steering Group’’ MBSD Critical Services). The proposed for the classification of sponsored as the internal group responsible for rule change would update Table 3–B to membership as a critical service, it ensuring that each of the Clearing add two services, which were would denote by check marks that this Agencies observes recovery planning implemented since the time the Plan is because of (i) a lack of alternative requirements, and that recovery was adopted,15 that FICC has classified providers and products, (ii) a failure/ planning is integrated into the Clearing as critical services. disruption of CCP services (impact on Agencies’ overall governance processes First, the proposed rule change would credit availability), (iii) a failure/ including the preparation, review, and add the Centrally Cleared Institutional disruption of multilateral netting filing of the Clearing Agencies’ R&W services (impact on liquidity) (iv) a Plans. Pursuant to the proposed rule 13 In 2013, DTCC launched its Recovery & failure/disruption of cash payment change, FICC would revise Section 4.3 Resolution Planning Program for DTC, NSCC, and processing services (impact on credit to reflect an internal organizational FICC as part of its continued commitment to and liquidity), and (v) a failure/ name change. The proposal would enhancing risk management. The Office of Recovery disruption of cash payment processing change the name of the R&R Steering & Resolution Planning was established to manage the program and the development of the recovery services (impact on credit and Group to the ‘‘Recovery and Wind-down and wind-down plans for the Clearing Agencies{XE liquidity). Planning Council’’ to reflect its role as ‘‘SIFMU RWPs’’ }. Also, the proposed rule change would an advisory body.12 This name change 14 The criteria that is used to identify a FICC enhance the current description of the would not change the composition, role service or function as critical includes GSD critical service, GSD RTTM®, by or responsibilities of this internal group, consideration as to whether (1) there is a lack of alternative providers or products; (2) failure of the adding as the first sentence, ‘‘Provides which includes selected members of service could impact FICC’s ability to perform its a common electronic platform for central counterparty services through either collecting and matching trade data, operational arrangements between two or more Division; (3) failure of the service could impact enabling the parties to trade, monitor clearing agencies, financial market utilities, or FICC’s ability to perform its multilateral netting trading markets that connect them directly or services through either Division and, as such, could and manage the status of their trade indirectly for the purposes of participating in impact the volume of transactions; (4) failure of the activity in real-time.’’ settlement, cross margining, expanding their service could impact FICC’s ability to perform its services to additional instruments or participants, book-entry delivery and settlement services through B. Proposal To Make Certain or for any other purposes material to their either Division and, as such, could impact Clarifications to the R&W Plan business.’’ 17 CFR 240.17Ad–22(a)(8). transaction costs; (5) failure of the service could 12 In accordance with DTCC’s Policy on impact FICC’s ability to perform its cash payment 1. Business Overview/MBSD Services Governance of Internal Committees and Councils, a processing services through either Division and, as As described above, Section 2 ‘‘council’’ is defined as an advisory body that has such, could impact the flow of liquidity in the U.S. (Business Overview) of the R&W Plan no decision-making authority. A council may be financial markets; and (6) the service is formed by any committee or a Managing Director. interconnected with other participants and Councils will share information, discuss topics, and processes within the U.S. financial system (for 16 See GSD Rule 3B (Centrally Cleared make recommendations to its initiating committee example, with other FMIs, settlement banks, and Institutional Triparty Service), supra note 5. or Managing Director. Councils report up to their broker-dealers). 17 See GSD Rule 3A (Sponsoring Members and initiating committee or Managing Director. 15 Supra note 6. Sponsored Members), supra note 5.
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describes DTCC’s business profile and This section currently identifies, among model calculation. Consistent with the includes a summary of the services of other things, the tools that can be above, FICC would also remove the FICC offered by each of the Divisions. employed by each Division to mitigate paragraph in this section that states that In Section 2.3 (MBSD), pursuant to losses, and mitigate or minimize implied market price volatility as the proposed rule change, FICC would liquidity needs, as the market measured by benchmarks such as the clarify and enhance the readability of environment becomes increasingly VIX index does not indicate material the paragraph under the heading ‘‘Trade stressed. As more fully described below, changes in market price volatility are Comparison/RTTM®.’’ 18 First, at the the proposed rule change would clarify expected. beginning of the second sentence, the certain language. Section 5.2.4 (Recovery Corridor and proposed rule change would add the Section 5.2.1 (Stable Market Phase) Recovery Phase) outlines the early term ‘‘SBOD trades’’ 19 to the list of describes FICC’s risk management warning indicators to be used by FICC trades that are guaranteed and novated activities with respect to each Division to evaluate its options and potentially at the time of comparison.20 Second, in the normal course of business. These prepare to enter the ‘‘Recovery Phase,’’ FICC would delete the last sentence of activities include (i) the routine which phase refers to the actions to be this paragraph,21 and replace it with the monitoring of margin adequacy through taken by FICC to restore its financial following two new sentences that more daily evaluation of backtesting and resources and avoid a wind-down of its fully describe how and when settlement stress testing results that review the business. Included in this section are obligations are established between an adequacy of FICC’s margin calculations, descriptions of potential stress events MBSD Clearing Member and FICC, and escalation of those results to that could lead to recovery, and several ‘‘Once trade-for-trade destined internal and Board committees and (ii) early warning indicators and metrics transactions and stipulated trades are routine monitoring of liquidity that FICC has established to evaluate its matched and allocated through MBSD, adequacy through review of daily options and potentially prepare to enter settlement obligations are established liquidity studies that measure the Recovery Phase. These indicators, between the Member and FICC, sufficiency of available liquidity which are referred to in the Recovery however, these trades do not enter the resources to meet cash settlement Plan as recovery corridor indicators ‘‘TBA Netting’’ process. Once specified obligations of the Member that would (‘‘Corridor Indicators’’),25 are calibrated pool trades are matched through MBSD, generate the largest aggregate payment against FICC’s financial resources and settlement obligations are established obligation. Further, under the heading are designed to give FICC the ability to between the Member and FICC.’’ This ‘‘Market Risk Monitoring and Stable replenish financial resources, typically new language would be re-ordered to be Market Indicators,’’ this section states through business as usual (‘‘BAU’’) tools the second and third sentences in this that the amount of Clearing Fund applied prior to entering the Recovery paragraph in order to enhance flow and required from each Member is Phase. readability. Additionally, the determined principally by Value-at-Risk Section 5.2.4 also includes language parenthetical in the first sentence ‘‘(i.e., (‘‘VaR’’) calculations,23 and that in order that requires FICC management to a report)’’ that is currently after the to ensure the VaR model accurately review the Corridor Indicators and the words ‘‘transaction output’’ would be reflects market conditions and provides related metrics at least annually and deleted as redundant and not necessary adequate protection against market risk, modify these metrics as necessary in to be included. FICC evaluates several factors on an light of observations from simulation of ongoing basis. Member defaults and other analyses. In 2. Member Default Losses Through the The proposed rule change would Crisis Continuum order to more closely align with the remove the following factor as one of biennial cycle of DTCC’s multi-member Section 5 (Member Default Losses those evaluated because it is no longer closeout simulation exercise, the through the Crisis Continuum) of the part of FICC’s model calculation, proposed rule change would shift the Plan is comprised of multiple ‘‘Implied volatility to assess whether a timing of management’s review of the subsections that identify the risk potential increase in market price Corridor Indicators and related metrics management surveillance, tools, and volatility may not be fully incorporated from annually to biennially. FICC governance that FICC may employ in the historical price moves.’’ 24 The believes this change is necessary for across an increasing stress environment, elimination of the language regarding consistency with the cycle of the multi- 22 referred to as the ‘‘Crisis Continuum.’’ implied volatility provides a more member closeout simulation, in which accurate representation of the risk the Corridor Indicators and metrics are 18 See MBSD Rule 5 (Trade Comparison), supra assessed as part of the simulation note 5. market phase, (2) a stressed market phase, (3) a 19 exercise. Under the Plan, ‘‘SBOD trades’’ refers to phase commencing with FICC’s decision to cease to settlement balance order destined trades. act for a Member or Affiliated Family, and (4) a There is a table in Section 5.2.4 (Table 20 In this regard, pursuant to the proposed rule recovery phase. 5–B: Loss Waterfall Tools) that _ change, the sentence would state, ‘‘SBOD t trades, 23 As described in the Plan, for each Division, the delineates the tools that comprise trade-for-trade transactions, specified pool trades amount of Clearing Fund required from each FICC’s loss allocation waterfall (with and stipulated trades are guaranteed and novated at Member is determined principally by VaR the time of comparison.’’ calculations, which are based on the potential respect to each Division) as set forth 26 21 Currently, the last sentence of this paragraph price-change volatility of unsettled positions under the Rules. This table has four states, ‘‘Once trade-for-trade transactions, stipulated according to FICC’s risk-based margin model. columns (‘‘Order,’’ ‘‘Tool,’’ ‘‘Relevant trades, and specified pool trades are matched by 24 The remaining factors set forth in the Plan that Rules,’’ and ‘‘Responsible Body/ MBSD, settlement obligations are established FICC evaluates to ensure that the VaR model Personnel’’) and is organized by the between the Member and MBSD as these trades do accurately reflects market conditions and provides not enter the TBA Netting process.’’ Further, adequate protection against market risk are: (i) pursuant to MBSD Rule 1 (Definitions), the term Backtesting and other model performance 25 The majority of the Corridor Indicators, as ‘‘TBA Netting’’ means the service provided to monitoring to assess the robustness of the Clearing identified in the Recovery Plan, relate directly to MBSD Clearing Members, as applicable, and the Fund requirements, and (ii) stress testing based on conditions that may require FICC to adjust its operations carried out by FICC in the course of real historical and hypothetical scenarios to assess strategy for hedging and liquidating a defaulting providing such service in accordance with MBSD the margin adequacy under extreme but plausible Member’s portfolio, and any such changes would Rule 6 (TBA Netting), supra note 5. market conditions. The Clearing Fund formulas for include an assessment of the status of the Corridor 22 As set forth in the Recovery Plan, the phases each Division are described in GSD Rule 4 and Indicators. of the ‘‘Crisis Continuum’’ include (1) a stable MBSD Rule 4, supra note 5. 26 GSD Rule 4 and MBSD Rule 4, supra note 5.
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order in which the liquidity resources 3. Non-Default Losses charge. . . .’’ However, this is not the are to be applied by FICC. Within Table Section 6 (Non-Default Losses) of the same language used to describe this 5–B, Corporate Contribution is the first Plan outlines how FICC would address timing in each Division’s Rule 4. In entry under the column labeled ‘‘Tool.’’ losses that result other than from a order to be consistent with the language Currently, the narrative for this entry Member default. This section provides a formulation set out in each Division’s includes a description of Corporate roadmap to other documents that Rule 4, the proposed rule change would Contribution and delineates that in the describe these events in greater detail revise this sentence to state, ‘‘Losses event of a cease to act, before applying and outlines FICC’s approach to charged to Members are required to be the applicable Division’s Clearing Fund monitoring losses that could result from paid by Members on the second deposits of Members (other than the a non-default event. This section also business day after the Corporation Defaulting Member) to cover any includes a description of GSD Rule 50 issues any such notice of a loss resulting loss, FICC will apply the and MBSD Rule 40 (Market Disruption allocation charge and, if not timely paid Corporate Contribution.27 and Force Majeure), referred to in the by any Member, the Corporation may 29 The proposed rule change would Plan as the ‘‘Force Majeure Rules,’’ treat that Member as having failed to revise the current text of the definition which pertain to how FICC addresses satisfy its obligation and apply the of Corporate Contribution in Table 5–B extraordinary events that occur outside Clearing Fund deposit of that Member to the control of FICC and its Members. As in order to more closely align with how satisfy its loss allocation obligation.’’ 33 more fully described below, the this term is defined under each proposed rule change would clarify Section 6.6 (Market Disruption and Division’s Rule 4. Specifically, pursuant certain language. Force Majeure Rule) describes the Force to the proposed rule change the Section 6.4 (Resources to Cover Non- Majeure Rules. The Force Majeure Rules definition of Corporate Contribution Default Losses) provides that FICC were adopted at the same time as the would be revised to state, ‘‘The maintains two categories of financial Plan 34 and provide an additional Corporate Contribution is an amount resources to cover losses and expenses resiliency tool designed to mitigate the equal to 50% of the amount calculated arising from non-default risks or events: risks caused by market disruption by FICC in respect of its General (i) Liquid Net Assets Funded by Equity events and thereby minimize the risk of Business Risk Capital Requirement for (‘‘LNA’’), including, pursuant to each financial loss that may result from such losses that occur over any rolling 12 Division’s Rule 4, the required events. The proposed rule change would month period.’’ 28 Similarly, the 30 Corporate Contribution, and (ii) loss- remove the following phrase after the sentence directly above the definition of allocation charges to Members in reference to the Force Majeure Rule in Corporate Contribution would be accordance with the provisions of each the first paragraph of this section, ‘‘, revised to remove the words ‘‘applying Division’s Rule 4.31 Following an adopted in conjunction with this Plan,’’ the applicable Division’s Clearing Fund overview of the four buckets of LNA Deposits of’’ and replace them with which can be applied towards non- because it is not necessary as both the ‘‘charging Members of the applicable default losses,32 there is a paragraph Plan and the Force Majeure Rule are no Division on a pro rata basis.’’ under the heading ‘‘Loss Allocation to longer newly adopted. In addition, to Members, backed by the Clearing Fund’’ remain consistent with the usage of With respect to the second entry in ‘‘Force Majeure’’ and ‘‘Market Table 5–B, ‘‘Loss Allocation,’’ the that provides that non-default losses could be allocated among Members as Disruption Event’’ throughout this descriptive text in the ‘‘Responsible provided in each Division’s Rule 4. section, FICC would conform all Body/Personnel’’ column would be There is sentence that describes the references to the defined terms ‘‘Force revised to more closely align with the timeframe in which such losses charged Majeure’’ and ‘‘Market Disruption same language contained in each to Members are required to be paid. Event,’’ so that they appear as Division’s Rule 4. The revised text Currently, this sentence states that capitalized terms. would state, ‘‘Members will be obligated losses are to be paid by Members The proposed rule change would also to fund loss allocation on the second ‘‘within 2 business days of the date of make revisions to the second paragraph Business Day after the Corporation receipt of a notice of a loss allocation issues any such notice and to continue of Section 6. First, for purposes of to fully fund their Required Deposits to 29 Supra note 6. clarity and readability, the following the extent of any shortfalls.’’ 30 See Securities Exchange Act Release Nos. text would be removed from the Additionally, in the ‘‘Tool’’ column for 84427 (October 15, 2018), 83 FR 53131 (October 19, beginning of the second sentence: ‘‘Most Loss Allocation, the term ‘‘non- 2018) (SR–FICC–2018–009); and 89363 (July 21, FMIs have rules designed to deal with 2020), 85 FR 45276 (July 27, 2020) (SR–FICC–2020– defaulting Members’’ would be replaced 008) (filings amending the Clearing Agency Policy force majeure or market disruption with ‘‘non-Defaulting Members’’ on Capital Requirements (the ‘‘Capital Policy’’) and events, and.’’ Second, the reference to because Defaulting Member is a defined the Clearing Agency Capital Replenishment Plan ‘‘Superstorm Sandy’’ would be removed (the ‘‘Capital Plan’’)). The initial Capital Policy and term in the Rules. Capital Plan were approved by the Commission in from the last sentence of this paragraph 2017—see Securities Exchange Act Release No. along with the related footnote that 27 Id. 81105 (July 7, 2017), 82 FR 32399 (July 13, 2017) references Superstorm Sandy as an 28 Pursuant to GSD Rule 4 and MBSD Rule 4, (SR–DTC–2017–003, SR–NSCC–2017–004, SR– example of circumstances in which supra note 5, for any loss allocation pursuant to FICC–2017–007). Section 7 of GSD Rule 4 and MBSD Rule 4, as 31 GSD Rule 4 and MBSD Rule 4, supra note 5. FICC needed to fashion a work-around applicable, whether arising out of or relating to a 32 As set forth in the Plan, FICC maintains the necessitated by a force majeure event. Defaulting Member Event or a Declared Non-Default following four buckets of LNA which can be FICC believes inclusion of references to Loss Event, FICC’s corporate contribution to losses applied towards a non-default loss: (i) General Superstorm Sandy are outdated and no or liabilities that are incurred by FICC with respect Business Risk Capital as determined in the Capital to an Event Period (‘‘Corporate Contribution’’) shall Policy, supra, note 30, (ii) the Corporate longer necessary to be included in the be an amount that is equal to fifty (50) percent of Contribution, (iii) a ‘‘Buffer,’’ as described in the Plan. the amount calculated by FICC in respect of its Capital Policy, and (iv) excess LNA, which refers General Business Risk Capital Requirement as of the to any available LNA held at FICC above the end of the calendar quarter immediately preceding required amounts for General Business Risk Capital, 33 GSD Rule 4 and MBSD Rule 4, supra note 5. the Event Period. the Corporate Contribution, and Buffer. 34 Supra note 6.
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C. Remove Provisions Covering Certain down aspects of the Plan that were in with ‘‘maintains.’’ Accordingly, under ‘‘Business-as-Usual’’ Actions the process of being finalized when the the proposed rule change this paragraph Section 8.6 (Actions and Preparation) Plan was adopted and have since been would state, ‘‘In support of this Plan, 37 of the Plan sets forth the legal completed. Since adoption of the Plan, each Division of FICC maintains (i) a framework and strategy for the orderly FICC has completed all necessary Market Disruption and Force Majeure wind-down of FICC if the use of the internal documentation, including Rule (the ‘‘Force Majeure Rules’’) and recovery tools described in the Recovery DTCC’s internal wind-down guidance, (ii) a Wind-down of the Corporation Plan do not successfully return FICC to the constituent documentation for the Rule (the ‘‘Wind-down Rules’’), each as financial viability. This section includes Failover Entity, and the evaluation of described herein.’’ an overview of the actions and FICC’s capitalization options. Further, • In the last sentence of this section, preparations to be taken by FICC and the other actions included in this delete ‘‘CCIT’’ and replace it with the DTCC in connection with executing the section (e.g., maintaining an index of full name of this GSD service, the wind-down portions of the Plan. Section non-critical services, educating the ‘‘Centrally Cleared Institutional Triparty 8.6.1 (Business-as-Usual Actions) Board on the Plans) would be (‘‘CCIT’’) Service.’’ describes those actions that FICC or addressed, going forward, in DTCC’s 3. In Section 2.1 (DTCC Business DTCC may take to prepare for wind- Recovery & Resolution Planning Profile), under the heading ‘‘DTCC down in the period before FICC Procedures maintained by the R&R SIFMU Subsidiaries’’: Team.38 As a result of this proposed experiences financial distress. • In the description of NSCC, add the Under the current plan, the Business- change, current Section 8.6.2 (Recovery word ‘‘netting,’’ after the word as-Usual Actions are (i) educating the and Runway Period Actions) would be ‘‘clearing’’; and after the words Board to keep them informed of the Plan renumbered as Section 8.6.1. Also, ‘‘exchange traded,’’ delete ‘‘fund and the actions the Board would need consistent with the proposed removal of to take to implement it, (ii) engaging in Business-as-Usual Actions that have (‘‘ETF’’)’’ and replace it with ‘‘products discussions with key linked FMIs as to been completed, the proposed rule (‘‘ETPs’’).’’ • the key elements of FICC’s wind-down change would remove from the first In the description of GSD, add the strategy and the expected actions of the sentence of proposed Section 8.6.1 word ‘‘netting,’’ after the word respective link parties should a wind- (current Section 8.6.2), the words ‘‘clearing’’; and add the modifier ‘‘fixed down be implemented, (iii) developing ‘‘Among other things, the guidance rate’’ before the words ‘‘federal agency and maintaining an index of internal would provide’’ and replace them with notes, bonds and zero-coupon data that includes the critical, ancillary, ‘‘The DTCC Clearing Agency Wind- securities.’’ and non-critical services that FICC down Guidance developed in • In the description of MBSD, delete provides to its membership, the support connection with this Plan provides.’’ the modifier ‘‘To-Be-Announced FICC receives from DTCC and from its (‘‘TBA’’)’’ before the phrase ‘‘pass- D. Technical Revisions other affiliates, key third-party vendors, through MBS issued by Ginnie Mae, key personnel, FICC assets and The proposal would also make several Freddie Mac and Fannie Mae.’’ liabilities, and agreements and technical changes and corrections to the 4. In Section 2.2 (GSD), in the last arrangements FICC has with liquidity Plan. FICC believes that these proposed sentence of the first paragraph, add providers and with other FMIs, (iv) changes would not substantively alter ‘‘/CCIT’’ after ‘‘GCF Repo®.’’ developing administrative wind-down the meaning of the applicable sections 5. In Section 2.3 (MBSD), in the guidance that identifies key Board and and would improve the overall paragraph under the heading ‘‘EPN management actions that would be readability and clarity of the Plan. Allocation,’’ in the last sentence, delete taken during the Recovery Phase and Specifically, FICC is proposing to make ‘‘Runway Period’’ 35 prior to FICC’s the following changes and corrections: the word ‘‘their’’ before the word failure, and in connection with its 1. In Section 1.3 (Summary), in the ‘‘MBSD.’’ Chapter 11 proceedings, and (v) list of topics covered under the Plan (a) 6. In Section 3.1 (Introduction), preparing constituent documents for the in the sixth bullet point, delete correct a typographical error in Failover Entity 36 and evaluating ‘‘participant’’ and replace it with subsection (c) by replacing ‘‘An’’ with capitalization options. ‘‘Member,’’ and (b) in the seventh bullet ‘‘A’’ at the beginning of the sentence. Pursuant to the proposed rule change, point, add ‘‘Recovery Corridor and’’ 7. In Section 3.2 (Criteria Used to FICC would remove the Business-as- prior to the words ‘‘Recovery Phase’’ to Determine Criticality), in the second Usual Actions section (currently Section correctly state the full name of this sentence that currently states, ‘‘Each 8.6.1) in its entirety because each of the section of the Plan. service was assessed for criticality to actions outlined have either been 2. In Section 1.4 (Conventions): determine the potential systemic impact • completed or would be addressed in In the fourth paragraph, delete the from a service disruption,’’ add the FICC’s internal procedures going words ‘‘conjunction with’’ and replace word ‘‘resulting’’ after the word forward. This includes certain them with ‘‘support of,’’ and delete the ‘‘impact.’’ words ‘‘also adopted’’ and replace them documents necessary to effect the wind- 8. In Table 3–A (Critical Services Criterial Determinants), delete criteria 35 The Wind-down Plan identifies the time period 37 Supra note 6. leading up to a decision to wind-down FICC as the 38 The R&R Team is responsible for maintaining determinant number 4 ‘‘Failure/ ‘‘Runway Period.’’ the DTCC ‘‘Office of Recovery & Resolution Disruption of Book-Entry Delivery/ 36 As set forth in Section 8.4.1 (General Objectives Planning Procedures’’ document. The purpose of Settlement Services’’ in its entirety and Approach) of the Plan, in the event that no these procedures is to communicate roles and because it applies to the DTC Recovery viable or preferable third-party transferee timely responsibilities, and procedures for the & Wind-down Plan and was included in commits to acquire the business and services of documentation of the R&W Plans covering each of FICC, the transfer will be effectuated to a failover the Clearing Agencies, in compliance with the FICC Plan in error. As a result of this entity created for that purpose (referred to as the applicable rules and regulations. These procedures deletion, the proposed rule change ‘‘Failover Entity’’), that would be owned by a trust also describe the biennial closeout simulation would also (a) move up the numbering held, to the extent of the value of the Failover Entity exercise whereby the Plans for each clearing agency attributed to FICC’s transferred business and are tested through the simulation of a multi-member of the criteria determinants that are services, for the benefit of FICC’s bankruptcy estate. default. currently numbers 5 and 6, so that they
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are numbers 4 and 5 respectively 39 and • Under the heading ‘‘Liquidity Risk the word ‘‘invoked’’ and replace it with (b) remove the column in Table 3–A Monitoring,’’ (a) in the fourth bullet the word ‘‘commenced.’’ designated for criteria determinant point, replace ‘‘defaulting Member’’ 18. In Section 6.3 (Risk Mitigation), in number 6. with ‘‘Defaulting Member,’’ (b) in the the footnote that includes the citation to 9. In Section 4.1 (DTCC and SIFMU sixth bullet point, replace ‘‘defaulting a previous proposed rule change Governance Structure), (a) in the last member’’ with ‘‘Defaulting Member,’’ covering the Clearing Agency sentence of the second paragraph, and (c) in the parenthetical at the end Operational Risk Management correct a typographical error by of the last bullet point, delete the words, Framework, add a reference to FICC’s replacing ‘‘NSCC’’ with ‘‘FICC’’ and (b) ‘‘in the Event of Member Defaults.’’ amended filing published December 16, in the third paragraph, which lists each • Additionally, for consistency and to 2020. of the Board committees, delete ‘‘Board’’ correct the same typographical error, the 19. In Section 6.4 (Resources to Cover before the words ‘‘Risk Committee.’’ proposed rule change would capitalize Non-Default Losses), under the heading Additionally, in the footnote in this the words ‘‘Defaulting Member’’ ‘‘Liquid Net Assets Funded by Equity,’’ section that provides the citation of a throughout the Plan wherever this term at the end of the first sentence, add a previous proposed rule change covering is referenced. new footnote for the citation to previous the Clearing Agency Risk Management 13. In Section 5.2.4 (Recovery proposed rule changes covering the Framework, add a reference to FICC’s Corridor and Recovery Phase), (a) in the Capital Plan and Capital Policy. amended filing published July 9, 2020. first sentence of the first paragraph, 20. In Section 6.6 (Market Disruption 10. In Section 4.2, in the paragraph make bold the words ‘‘Recovery and Force Majeure Rule): • under the heading ‘‘Member Default Corridor’’ and (b) in the second sentence In the second bullet point of the Losses,’’ in the second sentence add of the first paragraph, after the words third paragraph remove the quotation ‘‘credit/market and liquidity’’ before the ‘‘The ‘‘Recovery Phase’’ relates to the marks from the words ‘‘Market phrase ‘‘loss scenarios throughout the actions taken by FICC to,’’ add the Disruption Event’’ and delete the Crisis Continuum (as hereinafter phrase ‘‘restore its financial resources parenthetical ‘‘(as defined in the Force defined).’’ and.’’ Majeure Rules)’’ because Market 11. In Section 5.1 (Introduction), in 14. In Table 5–A (Corridor Indicators) Disruption Event was defined earlier in this section. the fourth paragraph, capitalize the the proposed rule change would make • word ‘‘board.’’ Under the heading the following typographical corrections: In the second sentence of the fourth ‘‘Market Risk Management,’’ in the last • In the entry for ‘‘Hedge paragraph, for purposes of reflecting sentence of the second paragraph, Effectiveness,’’ in the third sentence of present tense, delete the word ‘‘would’’ replace the words ‘‘Cross-Guaranty the column titled ‘‘Measures,’’ delete before the word ‘‘operate.’’ • In the first sentence of the second Agreements’’ with ‘‘clearing agency the words ‘‘generally assessed’’ and paragraph: cross-guaranty agreements’’ because replace them with ‘‘most relevant.’’ Æ For purposes of reflecting present Cross-Guaranty Agreements is not a • In the entry for ‘‘Uncommitted Repo tense and to improve readability, (a) defined term in the Plan. For purposes Agreements,’’ in the column titled remove the word ‘‘currently’’ after of clarity and readability, the proposed ‘‘Measures,’’ delete ‘‘16,’’ and replace it ‘‘exigent circumstances’’ and (b) remove rule change would also shift to Section with ‘‘a number of’’ after the phrase the words ‘‘are designed to’’ and 4.1 the footnote currently included in ‘‘FICC has entered into Master Æ in order to correct a typographical Section 5.1 regarding each Division’s Repurchase agreements with.’’ error, insert the word ‘‘and’’ in between Rules covering a ‘‘cease to act,’’ • In the entry for ‘‘FICC ceases to act ‘‘its membership’’ and ‘‘to mitigate.’’ insolvency of a Member and associated for additional Members,’’ in the first 40 21. In Table 7–A (Recovery Tool actions. Additionally, in the footnote sentence of the column titled ‘‘Status,’’ Characteristics), add a period to the end included in this section that provides under the heading ‘‘Improvement of each sentence. the citation to a previous proposed rule Indicator metric,’’ add the words, ‘‘cease 22. In Section 7.1 change covering the Clearing Agency to act determinations,’’ after the words (Comprehensiveness), remove the Liquidity Risk Management Framework, ‘‘No expected additional.’’ capitalization from the words ‘‘Critical • add a reference to FICC’s amended filing In the entry for ‘‘Loss Allocation,’’ Services.’’ published December 11, 2020. in the first sentence of the column titled 23. In Section 7.2 (Effectiveness), 12. In Section 5.2.3 (Member Default ‘‘Measures,’’ add the word ‘‘Defaulting’’ under the heading ‘‘Reliability,’’ for the Phase): before the word ‘‘Member’s.’’ purpose of correcting typographical • Under the heading ‘‘Market Risk 15. In Section 5.3 (Liquidity errors, (a) move the second footnote, Monitoring,’’ (a) in the second sentence Shortfalls), in the last sentence of the currently at the end of the last sentence, of the second paragraph, remove the first paragraph, add the words ‘‘market to the end of the last sentence of the capitalization from the first instance of risk’’ before the word ‘‘losses.’’ introductory paragraph of Section 7.2 the word ‘‘Monitoring’’ and (b) in the 16. In Table 5–C, which lists the tools and (b) in the text of the other footnote footnotes included in this section, that can be used to address liquidity that currently reads, ‘‘See, for example, replace ‘‘defaulting Member’’ with shortfalls, in the entry for ‘‘Execute DTCC Whitepaper, CCP Resiliency and ‘‘Defaulting Member.’’ dollar rolls or coupon swaps for Resources, pg. 2, section 2 (June 2015),’’ mortgage backed positions in GSD and remove ‘‘, section 2.’’ 39 Pursuant to the proposed rule change, criteria MBSD,’’ in the column titled ‘‘Relevant 24. In Section 7.5 (Minimize Negative determinant numbers 4 and 5 would be (i) No. 4: Rules/Documents,’’ in the first sentence Impact), in the second sentence, correct Failure/Disruption of Cash Payment Processing Services (Impact on Credit and Liquidity), and (ii) of the third paragraph, after the phrase the spelling of the word ‘‘protocols.’’ No. 5: Interconnectedness with U.S. Financial ‘‘These options may provide,’’ delete the 25. In Section 8.2.1 (Potential System. word ‘‘options’’ and replace it with the Scenarios), in the second sentence of the 40 See GSD Rule 21 (Restrictions on Access to words ‘‘a course of action.’’ third paragraph, replace ‘‘enhancements Services) and MBSD Rule 14 (Restrictions on to the loss allocation process are’’ with Access to Services), and GSD Rule 22 (Insolvency 17. In Section 5.5 (Governance Within of a Member) and MBSD Rule 16 (Insolvency of a the Crisis Continuum), in the first ‘‘the loss allocation process is.’’ Member), supra note 5. sentence of the second paragraph, delete Accordingly, under the proposed rule
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change this sentence would state, ‘‘As 2. Statutory Basis maintain the Plan in a manner that noted above, the loss allocation process FICC believes that the proposal is supports the continuity of FICC’s is designed to ensure that the full consistent with the requirements of the critical services and enables its Division Clearing Fund can be applied Act and the rules and regulations Members and Limited Members to to Division losses arising from thereunder applicable to a registered maintain access to FICC’s services successive Member defaults that occur clearing agency. In particular, FICC through the transfer of its membership during an ‘‘Event Period’’, and there can believes that the amendments to the in the event FICC defaults or the Wind- be successive rounds of loss allocations R&W Plan are consistent with Section down Plan is ever triggered by the to address losses arising with respect to 17A(b)(3)(F) of the Act 42 and Rule Board. Further, by facilitating the a given Event Period.’’ 17Ad–22(e)(3)(ii) under the Act 43 for continuity of its critical clearance and 26. In Section 8.4.1 (General the reasons described below. settlement services, FICC believes the Objectives and Approach), in the second Section 17A(b)(3)(F) of the Act Plan and the proposed rule change paragraph, delete the words ‘‘have been requires, in part, that the rules of FICC would continue to promote the prompt amended to’’ after the words ‘‘the Rules be designed to promote the prompt and and accurate clearance and settlement of of each Division’’ in order to more accurate clearance and settlement of securities transactions. Therefore, FICC clearly reflect the fact that the Wind- securities transactions.44 The Recovery believes the proposed amendments to down of the Corporation Rules 41 were Plan serves to promote the prompt and the R&W Plan are consistent with the adopted. accurate clearance and settlement of requirements of Section 17A(b)(3)(F) of the Act. 27. In Section 8.4.2 (Critical Services securities transactions by providing FICC with a roadmap for actions it may Rule 17Ad–22(e)(3)(ii) under the Act and FMI Link Arrangements): requires FICC to establish, implement, • In the paragraph under the heading employ to mitigate losses, and monitor and, as needed, stabilize, FICC’s maintain and enforce written policies ‘‘Clearing Banks(s),’’ delete the and procedures reasonably designed to parenthetical ‘‘(assuming JPM has exited financial condition, which would allow it to continue its critical clearance and maintain a sound risk management the business).’’ framework for comprehensively • settlement services in stress situations. In the paragraph under the heading The Recovery Plan is designed to managing legal, credit, liquidity, ‘‘Cross-Margining Agreement,’’ (a) in the identify the actions and tools FICC may operational, general business, third sentence, delete the word use to address and minimize losses to investment, custody, and other risks ‘‘transfer’’ and replace with both FICC and its membership and that arise in or are borne by the covered ‘‘assignment’’ and (b) in the last provide FICC’s management and the clearing agency, which includes plans sentence, delete the word ‘‘we’’ and Board with guidance in this regard by for the recovery and orderly wind-down replace it with ‘‘FICC.’’ identifying the indicators and of the covered clearing agency 28. In Section 8.4.4 (Rules Adopted in governance around the use and necessitated by credit losses, liquidity Connection with the Wind-down Plan), application of such tools to enable them shortfalls, losses from general business 45 in the first sentence under the heading to address stress situations in a manner risk, or any other losses. The R&W ‘‘Certain Ex Ante Matters,’’ add the most appropriate for the circumstances. Plan is designed to comply with Rule word ‘‘a’’ before the second instance of Further, the Wind-down Plan 17Ad–22(e)(3)(ii) and is consistent with the word ‘‘Transferee.’’ establishes a framework for the transfer the Act because it provides plans for the 29. In proposed Section 8.6.1 and orderly wind-down of FICC’s recovery and orderly wind-down of (currently Section 8.6.2) (Recovery and business, and establishes clear FICC necessitated by credit losses, Runway Period Actions), capitalize the mechanisms for the transfer of FICC’s liquidity shortfalls, losses from general word ‘‘chapter’’ in two places where critical services and membership. By business risk, or any other losses. ‘‘chapter 11’’ is not capitalized. doing so, the Wind-down Plan is Specifically, the Recovery Plan defines the risk management activities, 30. In Section 8.7 (Costs and Time to designed to facilitate the continuity of FICC’s critical services and enable stress conditions and indicators, and Effectuate Plan), (a) in the second tools that FICC may use to address stress sentence of the fifth paragraph, delete Members and Limited Members to maintain access to FICC’s services scenarios that could eventually prevent the word ‘‘of’’ between the words it from being able to provide its critical ‘‘detailed’’ and ‘‘analysis’’ and (b) at the through the transfer of its membership in the event FICC defaults or the Wind- services as a going concern. Through the end of the last sentence of this section, framework of the Crisis Continuum, the delete the phrase ‘‘, as provided in the down Plan is triggered by the Board. As described above, the proposed rule Recovery Plan addresses measures that Capital Requirements Policy.’’ As a FICC may take to address risks of credit result, under the proposed rule change, change would update the R&W Plan to (i) reflect business and product losses and liquidity shortfalls, and other this sentence would state, ‘‘The losses that could arise from a Member estimated wind-down costs amount will developments, (ii) make certain clarifications, (iii) remove provisions default. The Recovery Plan also be reviewed and approved by the Board addresses the management of general annually.’’ Also, in the footnote in this covering certain ‘‘business-as-usual’’ actions, and (iv) make certain technical business risks and other non-default section that refers to Section 5 of the risks that could lead to losses. The Plan, correct the title of that section to corrections. By helping to ensure that the R&W Plan reflects current business Wind-down Plan would be triggered by state, ‘‘Member Default Losses through a determination by the Board that the Crisis Continuum.’’ and product developments, and providing additional clarity regarding recovery efforts have not been, or are 31. In Appendix 1 (Defined Terms), the framework for the transfer and unlikely to be, successful in returning add each of the new defined terms orderly wind-down of FICC’s business, FICC to viability as a going concern. based on the addition of such terms to FICC believes that the proposed rule Once triggered, the Wind-down Plan the Plan, and delete the defined terms change would help it continue to sets forth clear mechanisms for the that were removed based on the deletion transfer of FICC’s membership and of these terms from the Plan. 42 15 U.S.C. 78q–1(b)(3)(F). business, and is designed to facilitate 43 17 CFR 240.17Ad–22(e)(3)(ii). 41 Supra note 6. 44 15 U.S.C. 78q–1(b)(3)(F). 45 17 CFR 240.17Ad–22(e)(3)(ii).
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continued access to FICC’s critical Commission of any written comments Reference Room, 100 F Street NE, services and to minimize market impact received by FICC. Washington, DC 20549 on official of the transfer. By establishing the III. Date of Effectiveness of the business days between the hours of framework and strategy for the Proposed Rule Change, and Timing for 10:00 a.m. and 3:00 p.m. Copies of the execution of the transfer and wind- Commission Action filing also will be available for down of FICC in order to facilitate inspection and copying at the principal continuous access to its critical services, The foregoing rule change has become office of FICC and on DTCC’s website effective pursuant to Section the Wind-down Plan establishes a plan (http://dtcc.com/legal/sec-rule- 19(b)(3)(A) 47 of the Act and paragraph for the orderly wind-down of FICC. filings.aspx). All comments received As described above, the proposed rule (f) 48 of Rule 19b–4 thereunder. At any will be posted without change. Persons change would update the R&W Plan to time within 60 days of the filing of the (i) reflect business and product proposed rule change, the Commission submitting comments are cautioned that developments, (ii) make certain summarily may temporarily suspend we do not redact or edit personal clarifications, (iii) remove provisions such rule change if it appears to the identifying information from comment covering certain ‘‘business-as-usual’’ Commission that such action is submissions. You should submit only actions, and (iv) make certain technical necessary or appropriate in the public information that you wish to make corrections. By ensuring that material interest, for the protection of investors, available publicly. All submissions provisions of the Plan are current, clear, or otherwise in furtherance of the should refer to File Number SR–FICC– and technically correct, FICC believes purposes of the Act. 2021–002 and should be submitted on that the proposed amendments are or before April 23, 2021. IV. Solicitation of Comments designed to support the maintenance of For the Commission, by the Division of the Plan for the recovery and orderly Interested persons are invited to Trading and Markets, pursuant to delegated wind-down of the covered clearing submit written data, views and authority.49 agency necessitated by credit losses, arguments concerning the foregoing, liquidity shortfalls, losses from general including whether the proposed rule J. Matthew DeLesDernier, business risk, or any other losses, and, change is consistent with the Act. Assistant Secretary. as such, meets the requirements of Rule Comments may be submitted by any of [FR Doc. 2021–06774 Filed 4–1–21; 8:45 am] 17Ad–22(e)(3)(ii) under the Act.46 the following methods: BILLING CODE 8011–01–P Therefore, the proposed changes would Electronic Comments help FICC to maintain the Plan in a way that continues to be consistent with the • Use the Commission’s internet SECURITIES AND EXCHANGE requirements of Rule 17Ad–22(e)(3)(ii). comment form COMMISSION (http://www.sec.gov/rules/sro.shtml); (B) Clearing Agency’s Statement on or [Release No. 34–91428; File No. SR–NSCC– Burden on Competition • Send an email to rule-comments@ 2021–004] FICC does not believe that the sec.gov. Please include File Number SR– proposed rule change would have any FICC–2021–002 on the subject line. Self-Regulatory Organizations; impact, or impose any burden, on Paper Comments National Securities Clearing competition. FICC does not anticipate • Corporation; Notice of Filing and that the proposal would affect its day- Send paper comments in triplicate to Secretary, Securities and Exchange Immediate Effectiveness of a Proposed to-day operations under normal Rule Change To Amend the Recovery circumstances, or in the management of Commission, 100 F Street NE, & Wind-Down Plan a typical Member default scenario or Washington, DC 20549. non-default event. The R&W Plan was All submissions should refer to File March 29, 2021. developed and documented in order to Number SR–FICC–2021–002. This file satisfy applicable regulatory number should be included on the Pursuant to Section 19(b)(1) of the requirements, as discussed above. The subject line if email is used. To help the Securities Exchange Act of 1934 1 2 proposal is intended to enhance and Commission process and review your (‘‘Act’’) and Rule 19b–4 thereunder, update the Plan to ensure it is clear and comments more efficiently, please use notice is hereby given that on March 23, remains current in the event it is ever only one method. The Commission will 2021, National Securities Clearing necessary to be implemented. The post all comments on the Commission’s Corporation (‘‘NSCC’’) filed with the proposed revisions would not effect any internet website (http://www.sec.gov/ Securities and Exchange Commission changes to the overall structure or rules/sro.shtml). Copies of the (‘‘Commission’’) the proposed rule operation of the Plan or FICC’s recovery submission, all subsequent change as described in Items I, II and III and wind-down strategy as set forth amendments, all written statements below, which Items have been prepared under the current Plan. As such, FICC with respect to the proposed rule by the clearing agency. NSCC filed the believes the proposal would not have change that are filed with the proposed rule change pursuant to any impact, or impose any burden, on Commission, and all written Section 19(b)(3)(A) 3 of the Act and Rule competition. communications relating to the 19b–4(f)(4) thereunder.4 The proposed rule change between the Commission is publishing this notice to (C) Clearing Agency’s Statement on Commission and any person, other than Comments on the Proposed Rule solicit comments on the proposed rule those that may be withheld from the change from interested persons. Change Received From Members, public in accordance with the Participants, or Others provisions of 5 U.S.C. 552, will be FICC has not received or solicited any available for website viewing and 49 17 CFR 200.30–3(a)(12). written comments relating to this printing in the Commission’s Public 1 15 U.S.C. 78s(b)(1). proposal. FICC will notify the 2 17 CFR 240.19b–4. 47 15 U.S.C 78s(b)(3)(A). 3 15 U.S.C. 78s(b)(3)(A). 46 Id. 48 17 CFR 240.19b–4(f). 4 17 CFR 240.19b–4(f)(4).
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I. Clearing Agency’s Statement of the a roadmap that defines the strategy and A. Proposed Changes To Reflect Terms of Substance of the Proposed identifies the tools available to NSCC to Business or Product Developments Rule Change either (i) recover, in the event it 1. Updates to DTCC Business Profile, The proposed rule change 5 consists of experiences losses that exceed its Intercompany Arrangements, FMI Links amendments to the R&W Plan to (i) prefunded resources (such strategies and Governance and tools referred to herein as the reflect business and product NSCC is proposing the following developments, (ii) make certain changes ‘‘Recovery Plan’’) or (ii) wind-down its business in a manner designed to permit changes to the DTCC Business Profile, to improve the clarity of the Plan, (iii) Intercompany Arrangements, FMI Links remove provisions covering certain the continuation of NSCC’s critical services in the event that such recovery and Governance sections of the Plan ‘‘business-as-usual’’ actions, and (iv) based upon business updates that have efforts are not successful (such strategies make certain technical corrections, as occurred since the time the Plan was and tools referred to herein as the described in greater detail below. adopted. ‘‘Wind-down Plan’’). The recovery tools II. Clearing Agency’s Statement of the Section 2.1 (DTCC Business Profile) of available to NSCC are intended to the Plan describes that DTCC is a user- Purpose of, and Statutory Basis for, the address the risks of (a) uncovered losses Proposed Rule Change owned and user-governed holding or liquidity shortfalls resulting from the company for a group of direct and In its filing with the Commission, the default of one or more of its Members, indirect subsidiaries and joint ventures. clearing agency included statements and (b) losses arising from non-default This section includes a brief summary concerning the purpose of and basis for events, such as damage to NSCC’s of each of the three subsidiaries (DTC, the proposed rule change and discussed physical assets, a cyber-attack, or FICC and NSCC) that have been any comments it received on the custody and investment losses, and the designated as systemically important proposed rule change. The text of these strategy for implementation of such financial market utilities (‘‘SIFMUs’’) by statements may be examined at the tools. The R&W Plan also describes the the Financial Stability Oversight places specified in Item IV below. The strategy and framework for the orderly Council. The proposed rule change clearing agency has prepared wind-down of NSCC and the transfer of would revise the introductory paragraph summaries, set forth in sections A, B, its business in the event the of this section to remove reference to and C below, of the most significant implementation of the available joint ventures because DTCC currently aspects of such statements. recovery tools does not successfully has no joint ventures. (A) Clearing Agency’s Statement of the return NSCC to financial viability. Section 2.4 (Intercompany Purpose of, and Statutory Basis for, the The R&W Plan is managed and Arrangements) of the Plan currently Proposed Rule Change developed by NSCC’s parent company, describes how corporate support services are provided to NSCC from 1. Purpose the Depository Trust & Clearing Corporation (‘‘DTCC’’),8 and is managed DTCC, and to DTCC’s other subsidiaries The proposed rule change would by the Office of Recovery & Resolution through intercompany agreements amend the R&W Plan to (i) reflect Planning (referred to in the Plan as the under a shared services model. NSCC is business and product developments, (ii) ‘‘R&R Team’’) on behalf of NSCC, with proposing to update Table 2–A (SIFMU make certain changes to improve the Legal Entity Structure and review and oversight by the DTCC clarity of the Plan, (iii) remove Intercompany Agreements), which Management Committee and the Board. provisions covering certain ‘‘business- delineates NSCC’s affiliates, to reflect as-usual’’ actions, and (iv) make certain Proposed Amendments to the R&W Plan the name change of Omgeo Pte Ltd by technical corrections. Each of the removing ‘‘Omgeo Pte Ltd’’ and proposed revisions is further described The Board, or such committees as replacing it with the new name of this below. may be delegated authority by the Board entity, ‘‘DTCC Singapore Pte. Ltd.’’ A from time to time pursuant to its Background related footnote would also be added to charter, is required to review and make clear that the services provided by The R&W Plan was adopted in August approve the R&W Plan biennially.9 In DTCC Singapore Pte. Ltd. are performed 6 2018 and is maintained by NSCC for connection with the first biennial through its branch office in Manila, compliance with Rule 17Ad–22(e)(3)(ii) review of the Plan, NSCC is proposing DTCC Manila. Additionally, this section 7 under the Act. The R&W Plan sets forth the revisions described in greater detail includes a separate table, Table 2–B, the plan to be used by the Board and below. The proposed rule change is that lists each of the DTCC facilities NSCC management in the event NSCC designed to update and enhance the utilized by the Clearing Agencies and encounters scenarios that could clarity of the Plan to ensure it is current indicates whether the facility is owned potentially prevent it from being able to in the event it is ever necessary to be or leased by DTCC. NSCC proposes to provide its critical services as a going implemented. None of the proposed update this table to add Boston, concern. The R&W Plan is structured as changes modify NSCC’s general Massachusetts as an additional location objectives and approach with respect to of a DTCC facility and to indicate that 5 Capitalized terms not defined herein are defined its recovery and wind-down strategy as this facility is leased by DTCC. in the Rules and Procedures of NSCC (the ‘‘Rules’’), available at https://dtcc.com/∼/media/Files/ set forth under the current Plan. Currently, Section 2.5 (FMI Links) of Downloads/legal/rules/nscc_rules.pdf, or in the the Plan describes some, but not all, of Recovery & Wind-down Plan of NSCC (the ‘‘R&W 8 DTCC operates on a shared service model with the key financial market infrastructures Plan’’ or ‘‘Plan’’). respect to NSCC and its other affiliated clearing (‘‘FMIs’’), both domestic and foreign, 6 See Securities Exchange Act Release Nos. 83974 agencies, The Depository Trust Company{ XE (August 28, 2018), 83 FR 44988 (September 4, ‘‘NSCC’’ } (‘‘DTC’’) and Fixed Income Clearing that NSCC has identified as critical 10 2018), (SR–NSCC–2017–017); and 83955 (August Corporation (‘‘FICC’’). Most corporate functions are ‘‘links.’’ In order to better align with 27, 2018), 83 FR 44340 (August 30, 2018) (SR– established and managed on an enterprise-wide NSCC–2017–805). basis pursuant to intercompany agreements under 10 As defined in Rule 17Ad–22(a)(8) under the 7 17 CFR 240.17Ad–22(e)(3)(ii). NSCC is a which it is generally DTCC that provides relevant Act, a link ‘‘means, for purposes of paragraph ‘‘covered clearing agency’’ as defined in Rule services to NSCC, DTC{ XE ‘‘NSCC’’ } and FICC (e)(20) of [Rule 17Ad–22], a set of contractual and 17Ad–22(a)(5) under the Act and must comply with (collectively, the ‘‘Clearing Agencies’’). operational arrangements between two or more paragraph (e) of Rule 17Ad–22. 9 Supra note 6. Continued
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the structure of DTCC’s inventory of members of DTCC’s financial and services and the rationale for their links maintained by DTCC’s Systemic operational risk management, product classification. The identification of Risk Office (‘‘SRO’’), which includes all management, legal, and treasury/finance NSCC’s critical services is important for of NSCC’s link relationships, the teams that are responsible for providing evaluating how the recovery tools and proposed rule change would delete the strategic guidance and direction for the the wind-down strategy would facilitate current ‘‘FMI Links’’ section of the R&W recovery and wind-down program 12 and provide for the continuation of Plan and replace it with a revised and the Plan. Additionally, for purposes NSCC’s critical services to the markets version of Section 2.5 that would of clarification, the proposal would add it serves. This section also includes a include an overview of NSCC’s link the words ‘‘, where necessary,’’ to refer list of indicative non-critical services. arrangements, a related footnote to the to when the council would engage with This section includes a table (Table definition of a ‘‘link’’ under Rule 17Ad– internal working groups. 3–B: NSCC Critical Services) that lists 22(a)(8) under the Act, and a table 2. Liquidity Shortfalls each of the services, functions or (Table 2–C: Links) listing all of NSCC’s activities that NSCC has identified as FMI link arrangements. The table would Section 5.3 (Liquidity Shortfalls) of ‘‘critical’’ based on the applicability of list the link, the link category (i.e., the Plan identifies tools that may be the criteria. As more fully described whether the link is a central used to address foreseeable shortfalls of below, the proposed rule change would counterparty, settlement interface, or NSCC’s liquidity resources following a clarify in Table 3–B the description of matching utility), and a brief Member default. The goal in managing some of the critical services and update description. The proposed rule change NSCC’s qualified liquidity resources is the table to include an additional would also add a table (Table 2–D: to maximize resource availability in an critical service. While the clarifying Schedule A Relationships) that would evolving stress situation, to maintain changes do not change the classification identify certain critical external service flexibility in the order and use of of the relevant service (as being either providers that, as determined by NSCC’s sources of liquidity, and to repay any ‘‘critical’’ or ‘‘indicative non-critical’’), management, do not meet the specified third-party lenders of liquidity in a nor impact the existing classification of criteria of ‘‘link’’ but nevertheless are timely manner. This section includes a other services, NSCC believes these subject to the same review process as is table (Table 5–C) that lists NSCC revisions would enhance the clarity of conducted for links, referred to within 13 liquidity tools and resources. The the descriptions of them. NSCC as ‘‘Schedule A Relationships,’’ proposed rule change would update this and a related footnote. This change section to include a reference to cash First, the proposed rule change would would align with the structure of SRO’s proceeds from outstanding term debt revise the entries for ‘‘3. Obligation inventory of Schedule A Relationships. issuance in addition to the other Warehouse’’ and ‘‘10. CNS/Prime Broker Section 4.3 (Recovery and Wind- examples of NSCC’s qualifying liquid Interface’’ to delete the check mark down Program Governance) of the Plan resources. A footnote would also be denoting the lack of alternative currently contains a paragraph that added providing the citation to NSCC’s providers and products as one of the identifies DTCC’s ‘‘R&R Steering Group’’ advance notice filing covering the term determinants for its classification as a as the internal group responsible for debt issuance.14 critical service. Second, the proposed ensuring that each of the Clearing rule change would replace the name of Agencies observes recovery planning B. Proposal To Make Certain the service identified in the current plan requirements, and that recovery Clarifications to the R&W Plan as exchange-traded fund ‘‘5. ETF’’ to planning is integrated into the Clearing 1. Critical Services and Indicative Non- exchange-traded products ‘‘5. ETPs’’ in Agencies’ overall governance processes Critical Services order to more accurately align with the including the preparation, review, and scope of what is covered by these filing of the Clearing Agencies’ R&W Section 3 (Critical Services) of the services. Third, currently the critical Plans. Pursuant to the proposed rule Plan defines the criteria for classifying service ‘‘6. ACATS’’ 16 is described as change, NSCC would revise Section 4.3 certain of NSCC’s services as ‘‘A service under which Members can 15 to reflect an internal organizational ‘‘critical,’’ and identifies such critical transfer their customers’ assets from one name change. The proposal would brokerage account and/or bank to change the name of the R&R Steering 12 In 2013, DTCC launched its Recovery & Resolution Planning Program for DTC, NSCC, and another, while processing through Group to the ‘‘Recovery and Wind-down FICC as part of its continued commitment to CNS.’’ The proposed rule change would Planning Council’’ to reflect its role as enhancing risk management. The Office of Recovery add at the end of this description the an advisory body.11 This name change & Resolution Planning was established to manage phrase ‘‘, DTC, Obligation Warehouse, would not change the composition, role the program and the development of the recovery and wind-down plans for the Clearing Agencies. OCC and others,’’ in order to include a or responsibilities of this internal group, 13 Table 5–C lists the following NSCC liquidity more comprehensive description of this which includes selected members of tools: Utilize short-settling liquidating trades, service. Fourth, in the description of DTCC’s Management Committee and Increase the speed of portfolio asset sales, Credit ‘‘11. Balance Order Netting,’’ the Facility, Unissued Commercial Paper, Non- proposed rule change would delete the Qualifying Liquid Resources, and Uncommitted clearing agencies, financial market utilities, or phrase ‘‘balance order transactions’’ and trading markets that connect them directly or stock loan and equity repos. indirectly for the purposes of participating in 14 See Securities Exchange Act Release No. 87912 replace it with ‘‘Balance Order settlement, cross margining, expanding their (January 8, 2020), 85 FR 2187 (January 14, 2020) Contracts’’ because it is a defined term services to additional instruments or participants, (SR–NSCC–2019–802). under the Rules.17 or for any other purposes material to their 15 The criteria that is used to identify an NSCC business.’’ 17 CFR 240.17Ad–22(a)(8). service or function as critical includes 11 In accordance with DTCC’s Policy on consideration as to whether (1) there is a lack of example, with other FMIs, settlement banks, broker- Governance of Internal Committees and Councils, a alternative providers or products; (2) failure of the dealers, and exchanges). ‘‘council’’ is defined as an advisory body that has service could impact NSCC’s ability to perform its 16 ‘‘ACATS’’ refers to NSCC’s Automated no decision-making authority. A council may be central counterparty services; (3) failure of the Customer Accounts Transfer Service. formed by any committee or a Managing Director. service could impact NSCC’s ability to perform its 17 Pursuant to Rule 5, supra note 5, ‘‘Balance Councils will share information, discuss topics, and netting services, and, as such, the availability of Order Contracts’’ is defined as Compared Contracts make recommendations to its initiating committee market liquidity; and (4) the service is for Balance Order Securities and other transactions or Managing Director. Councils report up to their interconnected with other participants and in respect of Balance Order Securities submitted to initiating committee or Managing Director. processes within the U.S. financial system (for NSCC under the Rules.
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Also, the proposed rule change would that the amount of Clearing Fund resources, typically through business as update Table 3–B (NSCC Critical required from each Member is usual (‘‘BAU’’) tools applied prior to Services) to add ‘‘Account Information determined principally by Value-at-Risk entering the Recovery Phase. Transmission’’ (‘‘AIT’’). This new entry (‘‘VaR’’) calculations,21 and that in order Included in this section is a table would include in the description of to ensure the VaR model accurately (Table 5–A: Corridor Indicators) that for AIT 18 that it is being enhanced in reflects market conditions and provides each Corridor Indicator identifies the (i) support of the bulk transfer initiative, adequate protection against market risk, measures of the indicator, (ii) which is an industry effort designed to NSCC evaluates several factors on an evaluations of the status of the prepare carrying broker-dealers for an ongoing basis. indicator, (iii) metrics for determining emergency mass transfer of large The proposed rule change would the status of the deterioration or quantities of customer accounts and remove the following factor as one of improvement of the indicator, and (iv) assets from a distressed broker to a those evaluated, because it is no longer ‘‘Corridor Actions,’’ which are steps that financially secure broker.19 In the part of NSCC’s model calculation, may be taken to improve the status of column that delineates the determinant ‘‘Implied volatility to assess whether a the indicator,24 as well as management for its classification as a critical service, potential increase in market price escalations required to authorize those this new entry would have a check mark volatility may not be fully incorporated steps. For the entry in the table for that denotes this is because of a lack of in the historical price moves.’’ 22 The ‘‘Hedge Effectiveness,’’ the proposed alternative providers and products. elimination of the language regarding rule change would revise the text for implied volatility provides a more clarity by adding to the existing 2. Member Default Losses Through the accurate representation of the risk Crisis Continuum description of measures of this indicator model calculation. Consistent with the that hedge effectiveness is most relevant Section 5 (Member Default Losses above, NSCC would also remove the prior to commencing the hedging and through the Crisis Continuum) of the paragraph in this section that states that liquidation strategy but is updated as Plan is comprised of multiple implied market price volatility as necessary with changes in market prices subsections that identify the risk measured by benchmarks such as the and/or position liquidations. Also, the management surveillance, tools, and VIX index does not indicate material text that identifies Financial Risk governance that NSCC may employ changes in market price volatility are Management as the internal group across an increasing stress environment, expected. responsible for measuring the metrics 20 referred to as the ‘‘Crisis Continuum.’’ Section 5.2.4 (Recovery Corridor and for determining the status of the This section currently identifies, among Recovery Phase) outlines the early deterioration or improvement of the other things, the tools that can be warning indicators to be used by NSCC ‘‘Hedge Effectiveness’’ indicator would employed by NSCC to mitigate losses, to evaluate its options and potentially be revised to add that this is done with and mitigate or minimize liquidity prepare to enter the ‘‘Recovery Phase,’’ input from NSCC’s investment advisor. needs, as the market environment which phase refers to the actions to be Section 5.2.4 also includes language becomes increasingly stressed. As more taken by NSCC to restore its financial that requires NSCC management to fully described below, the proposed rule resources and avoid a wind-down of its review the Corridor Indicators and the change would clarify certain language. business. Included in this section are related metrics at least annually and Section 5.2.1 (Stable Market Phase) descriptions of potential stress events modify these metrics as necessary in describes NSCC’s risk management that could lead to recovery, and several light of observations from simulation of activities in the normal course of early warning indicators and metrics Member defaults and other analyses. In business. These activities include (i) the that NSCC has established to evaluate order to more closely align with the routine monitoring of margin adequacy its options and potentially prepare to biennial cycle of DTCC’s multi-member through daily evaluation of backtesting enter the Recovery Phase. These closeout simulation exercise, the and stress testing results that review the indicators, which are referred to in the proposed rule change would shift the adequacy of NSCC’s margin Recovery Plan as recovery corridor timing of management’s review of the 23 calculations, and escalation of those indicators (‘‘Corridor Indicators’’), are Corridor Indicators and related metrics results to internal and Board committees calibrated against NSCC’s financial from annually to biennially. NSCC and (ii) routine monitoring of liquidity resources and are designed to give believes this change is necessary for adequacy through review of daily NSCC the ability to replenish financial consistency with the cycle of the multi- liquidity studies that measure member closeout simulation, in which 21 sufficiency of available liquidity As described in the Plan, Value-at-Risk (‘‘VaR’’) the Corridor Indicators and metrics are resources to meet cash settlement calculations are based on the potential price-change volatility of unsettled positions according to assessed as part of the simulation obligations of the Member that would NSCC’s risk-based margin model. exercise. generate the largest aggregate payment 22 The remaining factors set forth in the Plan that There is an additional table in Section obligation. Further, under the heading NSCC evaluates to ensure that the VaR model 5.2.4, (Table 5–B: Loss Waterfall Tools) ‘‘Market Risk Monitoring and Stable accurately reflects market conditions and provides that delineates the tools that comprise Market Indicators,’’ this section states adequate protection against market risk are: (i) Backtesting and other model performance NSCC’s loss allocation waterfall as set monitoring to assess the robustness of the Clearing forth under the Rules.25 This table has 18 As set forth in Table 3–B of the Plan, the ‘‘AIT’’ Fund requirements, and (ii) stress testing based on four columns (‘‘Order,’’ ‘‘Tool,’’ service is described as a secure data transport real historical and hypothetical scenarios to assess facility that allows NSCC Members to perform a the margin adequacy under extreme but plausible ‘‘Relevant Rules/Documents,’’ and single movement of many customer brokerage market conditions. The Clearing Fund Formula is accounts. described in Procedure XV (Clearing Fund Formula 24 In this regard, the Corridor Actions that would 19 See https://www.sifma.org/resources/general/ and Other Matters), supra note 5. be identified in the Plan are indicative but not bulk-transfer-playbook. 23 The majority of the Corridor Indicators, as prescriptive; therefore, if NSCC needs to consider 20 As set forth in the Recovery Plan, the phases identified in the Recovery Plan, relate directly to alternative actions due to the applicable facts and of the ‘‘Crisis Continuum’’ include (1) a stable conditions that may require NSCC to adjust its circumstances, the escalation of those alternative market phase, (2) a stressed market phase, (3) a strategy for hedging and liquidating a defaulting actions would follow the same escalation protocol phase commencing with NSCC’s decision to cease Member’s portfolio, and any such changes would identified in the Plan for the Corridor Indicator to to act for a Member or Affiliated Family, and (4) a include an assessment of the status of the Corridor which the action relates. recovery phase. Indicators. 25 Rule 4, supra note 5.
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‘‘Responsible Body/Personnel’’) and is a non-default event. This section also Corporation may treat that Member as organized by the order in which the includes a description of Rule 60 having failed to satisfy its obligation and liquidity resources are to be applied by (Market Disruption and Force Majeure), apply the Clearing Fund deposit of that NSCC. Within Table 5–B, Corporate referred to in the Plan as the ‘‘Force Member to satisfy its loss allocation Contribution is the first entry under the Majeure Rule,’’ 28 which pertains to how obligation.’’ 32 column labeled ‘‘Tool.’’ Currently, the NSCC addresses extraordinary events Section 6.6 (Market Disruption and narrative for this entry includes a that occur outside the control of NSCC Force Majeure Rule) describes the Force description of Corporate Contribution and its Members. As more fully Majeure Rule. The Force Majeure Rule and delineates that in the event of a described below, the proposed rule was adopted at the same time as the cease to act, before applying the change would clarify certain language. Plan 33 and provides an additional Clearing Fund deposits of Members Section 6.4 (Resources to Cover Non- resiliency tool designed to mitigate the (other than the defaulting Member) to Default Losses) provides that NSCC risks caused by market disruption cover any resulting loss, NSCC will maintains two categories of financial events and thereby minimize the risk of apply the Corporate Contribution.26 For resources to cover losses and expenses financial loss that may result from such purposes of clarity, this language would arising from non-default risks or events: events. The proposed rule change would be revised to remove the words (i) Liquid Net Assets Funded by Equity remove the following phrase after the ‘‘applying the Clearing Fund Deposits (‘‘LNA’’), including, pursuant to Rule 4, reference to the Force Majeure Rule in of’’ and replace them with ‘‘charging the the required Corporate Contribution,29 the first paragraph of this section, ‘‘, Members on a pro rata basis.’’ and (ii) loss-allocation charges to adopted in conjunction with this Plan,’’ Within this same entry in Table 5–B, Members in accordance with the because it is not necessary as both the the proposed rule change would also provisions of Rule 4.30 Following an Plan and the Force Majeure Rule are no revise the current text of the definition overview of the four buckets of LNA longer newly adopted. In addition, to of Corporate Contribution, in order to which can be applied towards non- remain consistent with the usage of more closely align with how this term default losses,31 there is a paragraph ‘‘Force Majeure’’ and ‘‘Market is defined under Rule 4. Specifically, under the heading ‘‘Loss Allocation to Disruption Event’’ throughout this pursuant to the proposed rule change Members, backed by the Clearing Fund’’ section, NSCC would conform all the definition of Corporate Contribution that provides that non-default losses references to the defined terms ‘‘Force would be revised to state that, ‘‘The could be allocated among Members as Majeure’’ and ‘‘Market Disruption Corporate Contribution is an amount provided in Rule 4. There is sentence Event,’’ so that they appear as that is equal to 50% of the amount that describes the timeframe in which capitalized terms. calculated by NSCC in respect of its such losses charged to Members are The proposed rule change would also General Business Risk Capital required to be paid. Currently, this make revisions to the second paragraph Requirement for losses that occur over sentence states that losses are to be paid of Section 6.6. First, for purposes of any rolling 12 month period.’’ 27 by Members ‘‘within 2 business days of clarity and readability, the following Additionally, with respect to the the date of receipt of a notice of a loss text would be removed from the second entry in Table 5–B, ‘‘Loss allocation charge . . . .’’ However, this beginning of the second sentence: ‘‘Most Allocation,’’ the descriptive text in the is not the same language used to FMIs have rules designed to deal with ‘‘Responsible Body/Personnel’’ column describe this timing in Rule 4. In order force majeure or market disruption would be revised to more closely align to be consistent with the language events, and.’’ Second, the reference to with the same language contained in formulation set out in Rule 4, the ‘‘Superstorm Sandy’’ would be removed Rule 4. The revised text would state, proposed rule change would revise this from the last sentence of this paragraph ‘‘Members will be obligated to pay the sentence to state, ‘‘Losses charged to along with the related footnote that loss allocation on the second business Members are required to be paid by references Superstorm Sandy as an day after the Corporation issues any Members on the second business day example of circumstances in which such notice and to continue to fully after the Corporation issues any such NSCC needed to fashion a work-around fund their Clearing Fund required notice of a loss allocation charge and, if necessitated by a force majeure event. deposits to the extent of any shortfalls.’’ not timely paid by any Member, the NSCC believes inclusion of references to Superstorm Sandy are outdated and no 3. Non-Default Losses 28 Supra note 6. longer necessary to be included in the Section 6 (Non-Default Losses) of the 29 See Securities Exchange Act Release Nos. Plan. Plan outlines how NSCC would address 84428 (October 15, 2018), 83 FR 53128 (October 19, C. Remove Provisions Covering Certain losses that result other than from a 2018) (SR–NSCC–2018–008); and 89360 (July 21, 2020), 85 FR 45280 (July 27, 2020) (SR–NSCC– ‘‘Business-as-Usual’’ Actions Member default. This section provides a 2020–014) (filings amending the Clearing Agency roadmap to other documents that Policy on Capital Requirements (the ‘‘Capital Section 8.6 (Actions and Preparation) describe these events in greater detail Policy’’) and the Clearing Agency Capital of the Plan sets forth the legal and outlines NSCC’s approach to Replenishment Plan (the ‘‘Capital Plan’’)). The framework and strategy for the orderly initial Capital Policy and Capital Plan were wind-down of NSCC if the use of the monitoring losses that could result from approved by the Commission in 2017—see Securities Exchange Act Release No. 81105 (July 7, recovery tools described in the Recovery 26 Id. 2017), 82 FR 32399 (July 13, 2017) (SR–DTC–2017– Plan do not successfully return NSCC to 27 Pursuant to Rule 4, supra note 5, for any loss 003, SR–NSCC–2017–004, SR–FICC–2017–007). financial viability. This section includes allocation pursuant to Section 4 of Rule 4, whether 30 Rule 4, supra note 5. an overview of the actions and arising out of or relating to a Defaulting Member 31 As set forth in the Plan, NSCC maintains the preparations to be taken by NSCC and Event or a Declared Non-Default Loss Event, following four buckets of LNA, which can be NSCC’s corporate contribution to losses or applied towards a non-default loss: (i) General DTCC in connection with executing the liabilities that are incurred by NSCC with respect Business Risk Capital as determined in the Capital wind-down portions of the Plan. Section to an Event Period (‘‘Corporate Contribution’’) shall Policy, supra note 29, (ii) the Corporate 8.6.1 (Business-as-Usual Actions) be an amount that is equal to fifty (50) percent of Contribution, (iii) a ‘‘Buffer,’’ as described in the describes those actions that NSCC or the amount calculated by NSCC in respect of its Capital Policy, and (iv) excess LNA, which refers General Business Risk Capital Requirement as of the to any available LNA held at NSCC above the end of the calendar quarter immediately preceding required amounts for General Business Risk Capital, 32 Rule 4, supra note 5. the Event Period. the Corporate Contribution, and Buffer. 33 Supra note 6.
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DTCC may take to prepare for wind- Board on the Plans) would be • In the description of NSCC’s down in the period before NSCC addressed, going forward, in DTCC’s affiliated clearing agency, FICC, with experiences financial distress. Recovery & Resolution Planning respect to the Government Securities Under the current plan, the Business- Procedures maintained by the R&R Division (‘‘GSD’’), add the word as-Usual Actions are (i) educating the Team.37 As a result of this proposed ‘‘netting,’’ after ‘‘clearing.’’ Board to keep them informed of the Plan change, current Section 8.6.2 (Recovery • In the description of the Mortgage- and the actions the Board would need and Runway Period Actions) would be Backed Securities Division (‘‘MBSD’’) of to take to implement it, (ii) engaging in renumbered as Section 8.6.1. Also, FICC, delete the modifier ‘‘To-Be- discussions with key linked FMIs as to consistent with the proposed removal of Announced’’ before the phrase ‘‘pass- the key elements of NSCC’s wind-down Business-as-Usual Actions that have through mortgage-backed securities strategy and the expected actions of the been completed, the proposed rule issued by Ginnie Mae, Freddie Mac and respective link parties should a wind- change would remove from the first Fannie Mae.’’ down be implemented, (iii) developing sentence of proposed Section 8.6.1 • In the sentence that describes and maintaining an index of internal (current Section 8.6.2) the words FICC’s publication of the GCF Repo® data that includes the critical, ancillary, ‘‘Among other things, the guidance Index, add the parenthetical ‘‘(‘‘GCF and non-critical services that NSCC would provide’’ and replace them with Repos®’’)’’ after the words ‘‘general provides to its membership, the support ‘‘The DTCC Clearing Agency Wind- collateral finance repurchase NSCC receives from DTCC and from its down Guidance developed in transactions.’’ other affiliates, key third-party vendors, connection with this Plan provides.’’ 4. In Section 2.2 (NSCC Guaranteed key personnel, NSCC assets and D. Technical Revisions Services Summary), in the first sentence liabilities, and agreements and of the third paragraph, replace ‘‘CNS arrangements NSCC has with liquidity The proposal would also make several positions’’ with ‘‘CNS Fails Positions’’ providers and with other FMIs, (iv) technical changes and corrections to the because CNS Fails Position is a defined developing administrative wind-down Plan. NSCC believes that these proposed term under the Rules. Also, in the first guidance that identifies key Board and changes would not substantively alter sentence of the fourth paragraph, add management actions that would be the meaning of the applicable sections the word ‘‘guaranteed’’ prior to taken during the Recovery Phase and and would improve the overall ‘‘Balance Order System.’’ ‘‘Runway Period’’ 34 prior to NSCC’s readability and clarity of the Plan. failure, and in connection with its Specifically, NSCC is proposing to make 5. In Section 2.3 (NSCC Non- Chapter 11 proceedings, and (v) the following changes and corrections: Guaranteed Services Summary), under preparing constituent documents for the 1. In Section 1.3 (Summary), in the the heading, ‘‘Wealth Management Failover Entity 35 and evaluating list of topics covered under the Plan, in Services,’’ in the second sentence, capitalization options. the seventh bullet point, add ‘‘Recovery replace the word ‘‘procession’’ with Pursuant to the proposed rule change, Corridor and’’ prior to the words ‘‘processing’’ to correct a typographical NSCC would remove the Business-as- ‘‘Recovery Phase’’ to correctly state the error. Usual Actions section (currently Section full name of this section of the Plan. 6. In Section 3.2 (Criteria Used to 8.6.1) in its entirety because each of the 2. In Section 1.4 (Conventions), in the Determine Criticality), in the second actions outlined have either been third paragraph, delete the words sentence that currently states, ‘‘Each completed or would be addressed in ‘‘conjunction with’’ and replace them service was assessed for criticality to NSCC’s internal procedures going with ‘‘support of,’’ and delete the words determine the potential systemic impact forward. This includes certain ‘‘also adopted’’ and replace them with from a service disruption,’’ add the documents necessary to effect the wind- ‘‘maintains.’’ Accordingly, under the word ‘‘resulting’’ after the word down aspects of the Plan that were in proposed rule change this paragraph ‘‘impact.’’ the process of being finalized when the would state, ‘‘In support of this Plan, 7. In Section 4.1 (DTCC and SIFMU Plan was adopted and have since been NSCC maintains (i) a Market Disruption Governance Structure), in the third completed. Since adoption of the Plan,36 and Force Majeure Rule (the ‘‘Force paragraph, which lists each of the Board NSCC has completed all necessary Majeure Rule’’), (ii) a ‘‘Corporation committees, delete ‘‘Board’’ before the internal documentation, including Default Rule’’ and (iii) a Wind-down of words ‘‘Risk Committee.’’ Additionally, DTCC’s internal wind-down guidance, the Corporation Rule (the ‘‘Wind-down in the footnote in this section that the constituent documentation for the Rule’’), each as described herein.’’ provides the citation of a previous Failover Entity, and the evaluation of 3. In Section 2.1 (DTCC Business proposed rule change covering the NSCC’s capitalization options. Further, Profile), under the heading ‘‘DTCC Clearing Agency Risk Management SIFMU Subsidiaries’’: the other actions included in this • Framework, add a reference to NSCC’s section (e.g., maintaining an index of In the description of NSCC, add ‘‘, amended filing published July 9, 2020. non-critical services, educating the netting,’’ after the word ‘‘clearing’’; and after the words ‘‘exchange-traded,’’ 8. In Section 5.1 (Introduction), in the delete ‘‘fund (‘‘ETF’’)’’ and replace it fourth paragraph, capitalize the word 34 The Wind-down Plan identifies the time period ‘‘board.’’ Under the heading ‘‘Market leading up to a decision to wind-down NSCC as the with ‘‘products (‘‘ETPs’’).’’ ‘‘Runway Period.’’ Risk Management,’’ in the last sentence 35 As set forth in Section 8.4.1 (General Objectives 37 The R&R Team is responsible for maintaining of the first paragraph, remove the and Approach) of the Plan, in the event that no the DTCC ‘‘Office of Recovery & Resolution capitalization of the words ‘‘Clearing viable or preferable third-party transferee timely Planning Procedures’’ document. The purpose of Agency Cross-Guaranty Agreements’’ commits to acquire the business and services of these procedures is to communicate roles and because this is not a defined term in the NSCC, the transfer will be effectuated to a failover responsibilities, and procedures for the entity created for that purpose (referred to as the documentation of the R&W Plans covering each of Plan. For purposes of clarity and ‘‘Failover Entity’’), that would be owned by a trust the Clearing Agencies, in compliance with readability, the proposed rule change held, to the extent of the value of the Failover Entity applicable rules and regulations. These procedures would also shift to Section 4.1 the attributed to NSCC’s transferred business and also describe the biennial closeout simulation footnote currently included in Section services, for the benefit of NSCC’s bankruptcy exercise whereby the Plans for each clearing agency estate. are tested through the simulation of a multi-member 5.1 regarding the Rules covering a 36 Supra note 6. default. ‘‘cease to act,’’ insolvency of a Member,
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and associated actions.38 Additionally, reference to NSCC’s amended filings its membership obligations, and in the footnote included in this section published July 27, 2020 with respect to additionally in its capacity as either an that provides the citation to a previous the Capital Policy, and October 19, 2018 investment counterparty holding proposed rule change covering the with respect to the Capital Plan. material Clearing Fund cash or other Clearing Agency Liquidity Risk 14. In Section 6.6 (Market Disruption corporate funds, or as a Settling Bank, Management Framework, add a and Force Majeure Rule): this would reduce NSCC’s prefunded reference to NSCC’s amended filing • In the second bullet point of the resources and add additional financial published December 11, 2020. third paragraph remove the quotation strain on Members,’’ add the words ‘‘a 9. In Section 5.2.3 (Member Default marks from the words ‘‘Market lender under the Credit Facility,’’ after Phase), under the heading ‘‘Market Risk Disruption Event’’ and delete the the words ‘‘as either.’’ Monitoring’’: parenthetical ‘‘(as defined in the Force 19. In Section 8.4.1 (General • In the second sentence of the Majeure Rule)’’ because Market Objectives and Approach), in the second second paragraph, remove the Disruption Event was defined earlier in paragraph, delete the words ‘‘have been capitalization from the first instance of this section. amended to’’ after the words ‘‘the • the word ‘‘Monitoring.’’ In the second sentence of the fourth Rules’’ in order to more clearly reflect • In the first sentence of the fourth paragraph, for purposes of reflecting the fact that the Wind-down of the paragraph, (i) delete the word ‘‘close- present tense, delete the word ‘‘would’’ Corporation Rule 39 was adopted. out’’ and replace it with ‘‘liquidation,’’ before the word ‘‘operate,’’ and pluralize 20. In Section 8.4.4 (Rules Adopted in and (ii) after the phrase ‘‘of the ‘‘operate.’’ • Connection with the Wind-down Plan), Defaulting Member’s portfolio,’’ add the In the first sentence of the second in the subsection, ‘‘The Wind-down parenthetical ‘‘(referred to as a paragraph: Trigger,’’ in the parenthetical, ‘‘(Trigger Æ For purposes of reflecting present ‘‘closeout’’).’’ for Implementing Wind-down),’’ tense and to improve readability, (a) 10. In Section 5.2.4 (Recovery pluralize the word ‘‘Trigger.’’ remove the word ‘‘currently’’ prior to Corridor and Recovery Phase): 21. In Section 8.4.5 (Wind-down and • ‘‘the Force Majeure Rule’’ and (b) In the first sentence of the first Liquidation of NSCC Following remove the words ‘‘is designed to paragraph, add quotation marks and Transfer), in the third sentence of the clarify,’’ and replace them with make bold the words ‘‘Recovery first paragraph, delete the words ‘‘clarifies,’’ and Corridor.’’ ‘‘adoption of the,’’ before the words • Under the heading ‘‘Recovery Æ in order to correct a typographical ‘‘Corporation Default Rule.’’ Corridor,’’ (a) in the second sentence of error, insert the word ‘‘and’’ in between 22. In proposed Section 8.6.1 the second paragraph, in the current ‘‘its Participants’’ and ‘‘to mitigate.’’ (currently section 8.6.2) (Recovery and parenthetical that states ‘‘(i.e., as market 15. In Section 7.1 Runway Period Actions), capitalize the stress increases, NSCC would expect the (Comprehensiveness), remove the word ‘‘chapter’’ in two places where length of the Recovery Corridor to capitalization from the words ‘‘Critical ‘‘chapter 11’’ is not capitalized. shorten),’’ replace the word ‘‘shorten,’’ Services.’’ 23. In Section 8.7 (Costs and Time to with ‘‘be shorter,’’ and (b) in the second 16. In Section 7.2 (Effectiveness), Effectuate Plan), (a) in the second sentence of the last paragraph, after the under the heading ‘‘Reliability,’’ for the sentence of the fifth paragraph, delete word ‘‘closeout,’’ add an ‘‘s’’ to the end purpose of correcting typographical the word ‘‘of’’ between the words of the word ‘‘simulation.’’ errors, (a) move the second footnote, 11. In Section 5.3 (Liquidity currently at the end of the last sentence, ‘‘detailed’’ and ‘‘analysis’’ and (b) at the Shortfalls), in Table 5–C, which lists the to the end of the last sentence of the end of the last sentence of this section, tools that can be used to address introductory paragraph of Section 7.2 delete the phrase ‘‘, as provided in the liquidity shortfalls, in the entry for and (b) in the text of the other footnote Capital Requirements Policy.’’ As a ‘‘Credit Facility,’’ in the column titled that currently reads, ‘‘See, for example, result, under the proposed rule change, ‘‘Relevant Rules/Documents,’’ (a) delete DTCC Whitepaper, CCP Resiliency and this sentence would state, ‘‘The ‘‘Currently, Section 2.03A(h) of the Resources, pg. 2, section 2 (June 2015),’’ estimated wind-down costs amount will Credit Facility,’’ because reference to a remove ‘‘, section 2.’’ be reviewed and approved by the Board specific section of the credit facility 17. In Section 8.2.1 (Potential annually.’’ Also, in the footnote in this documentation is not necessary, (b) Scenarios), in the second sentence of the section that refers to Section 5 of the replace the words ‘‘facility terms’’ with third paragraph, replace ‘‘enhancements Plan, correct the title of that section to ‘‘terms of the Credit Facility,’’ and (c) to the loss allocation process are’’ with state, ‘‘Member Default Losses through after the word ‘‘lenders,’’ delete the ‘‘the loss allocation process is.’’ the Crisis Continuum.’’ word ‘‘to’’ and replace it with ‘‘that.’’ Accordingly, under the proposed rule 24. In Appendix 1 (Defined Terms), 12. In Section 6.3 (Risk Mitigation), in change this sentence would state, ‘‘As add each of the new defined terms the footnote that includes the citation to noted above, the loss allocation process based on the addition of such terms to a previous proposed rule change is designed to ensure that the full the Plan, and delete the defined terms covering the Clearing Agency Clearing Fund can be applied to losses that were removed based on the deletion Operational Risk Management arising from successive Member defaults of these terms from the Plan. Framework, add a reference to NSCC’s that occur during an ‘‘Event Period’’, 2. Statutory Basis amended filing published December 16, and there can be successive rounds of 2020. loss allocations to address losses arising NSCC believes that the proposal is 13. In Section 6.4 (Resources to Cover with respect to a given Event Period.’’ consistent with the requirements of the Non-Default Losses), in the footnote that 18. In Section 8.2.2 (Wind-down Act and the rules and regulations includes the citation to a previous Indicators), in the fourth bullet point of thereunder applicable to a registered proposed rule change covering the the third paragraph, in the sentence that clearing agency. In particular, NSCC Capital Policy and Capital Plan, add a currently states, ‘‘If a Defaulting believes that the amendments to the Member also defaults in provision of R&W Plan are consistent with Section 38 See Rule 46 (Restrictions on Access to Services) other services to NSCC—to the extent and Rule 20 (Insolvency), supra note 5. that a Member were to default both in 39 Supra note 6.
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17A(b)(3)(F) of the Act 40 and Rule through the transfer of its membership and wind-down of NSCC in order to 17Ad–22(e)(3)(ii) under the Act,41 for in the event NSCC defaults or the Wind- facilitate continuous access to its critical the reasons described below. down Plan is ever triggered by the services, the Wind-down Plan Section 17A(b)(3)(F) of the Act Board. Further, by facilitating the establishes a plan for the orderly wind- requires, in part, that the rules of NSCC continuity of its critical clearance and down of NSCC. be designed to promote the prompt and settlement services, NSCC believes the As described above, the proposed rule accurate clearance and settlement of Plan and the proposed rule change change would update the R&W Plan to securities transactions.42 The Recovery would continue to promote the prompt (i) reflect business and product Plan serves to promote the prompt and and accurate clearance and settlement of developments, (ii) make certain accurate clearance and settlement of securities transactions. Therefore, NSCC clarifications, (iii) remove provisions securities transactions by providing believes the proposed amendments to covering certain ‘‘business-as-usual’’ NSCC with a roadmap for actions it may the R&W Plan are consistent with the actions, and (iv) make certain technical employ to mitigate losses, and monitor requirements of Section 17A(b)(3)(F) of corrections. By ensuring that material and, as needed, stabilize NSCC’s the Act. provisions of the Plan are current, clear, financial condition, which would allow Rule 17Ad–22(e)(3)(ii) under the Act and technically correct, NSCC believes it to continue its critical clearance and requires NSCC to establish, implement, that the proposed amendments are settlement services in stress situations. maintain and enforce written policies designed to support the maintenance of The Recovery Plan is designed to and procedures reasonably designed to the Plan for the recovery and orderly identify the actions and tools NSCC may maintain a sound risk management wind-down of the covered clearing use to address and minimize losses to framework for comprehensively agency necessitated by credit losses, both NSCC and its membership and managing legal, credit, liquidity, liquidity shortfalls, losses from general provide NSCC’s management and the operational, general business, business risk, or any other losses, and, Board with guidance in this regard by investment, custody, and other risks as such, meets the requirements of Rule identifying the indicators and that arise in or are borne by the covered 17Ad–22(e)(3)(ii) under the Act.44 governance around the use and clearing agency, which includes plans Therefore, the proposed changes would application of such tools to enable them for the recovery and orderly wind-down help NSCC to maintain the Plan in a to address stress situations in a manner of the covered clearing agency way that continues to be consistent with most appropriate for the circumstances. necessitated by credit losses, liquidity the requirements of Rule 17Ad– shortfalls, losses from general business Further, the Wind-down Plan 22(e)(3)(ii). establishes a framework for the transfer risk, or any other losses.43 The R&W and orderly wind-down of NSCC’s Plan is designed to comply with Rule (B) Clearing Agency’s Statement on business. It establishes clear 17Ad–22(e)(3)(ii) and is consistent with Burden on Competition mechanisms for the transfer of NSCC’s the Act because it provides plans for the NSCC does not believe that the critical services and membership, and recovery and orderly wind-down of proposed rule change would have any for the treatment of open, guaranteed NSCC necessitated by credit losses, impact, or impose any burden, on CNS transactions in the event of NSCC’s liquidity shortfalls, losses from general competition. NSCC does not anticipate default. By doing so, the Wind-down business risk, or any other losses. that the proposal would affect its day- Plan is designed to facilitate the Specifically, the Recovery Plan to-day operations under normal continuity of NSCC’s critical services defines the risk management activities, and enable Members and Limited stress conditions and indicators, and circumstances, or in the management of Members to maintain access to NSCC’s tools that NSCC may use to address a typical Member default scenario or services through the transfer of its stress scenarios that could eventually non-default event. The R&W Plan was membership in the event NSCC defaults prevent it from being able to provide its developed and documented in order to or the Wind-down Plan is triggered by critical services as a going concern. satisfy applicable regulatory the Board. Through the framework of the Crisis requirements, as discussed above. The As described above, the proposed rule Continuum, the Recovery Plan proposal is intended to enhance and change would update the R&W Plan to addresses measures that NSCC may take update the Plan to ensure it is clear and (i) reflect business and product to address risks of credit losses and remains current in the event it is ever developments, (ii) make certain liquidity shortfalls, and other losses that necessary to be implemented. The clarifications, (iii) remove provisions could arise from a Member default. The proposed revisions would not effect any covering certain ‘‘business-as-usual’’ Recovery Plan also addresses the changes to the overall structure or actions, and (iv) make certain technical management of general business risks operation of the Plan or NSCC’s corrections. By helping to ensure that and other non-default risks that could recovery and wind-down strategy as set the R&W Plan reflects current business lead to losses. The Wind-down Plan forth under the current Plan. As such, and product developments, and would be triggered by a determination NSCC believes the proposal would not providing additional clarity regarding by the Board that recovery efforts have have any impact, or impose any burden, the framework for the transfer and not been, or are unlikely to be, on competition. orderly wind-down of NSCC’s business, successful in returning NSCC to (C) Clearing Agency’s Statement on NSCC believes that the proposed rule viability as a going concern. Once Comments on the Proposed Rule change would help it continue to triggered, the Wind-down Plan sets forth Change Received From Members, maintain the Plan in a manner that clear mechanisms for the transfer of Participants, or Others supports the continuity of NSCC’s NSCC’s membership and business, and critical services and enables its is designed to facilitate continued NSCC has not received or solicited Members and Limited Members to access to NSCC’s critical services and to any written comments relating to this maintain access to NSCC’s services minimize market impact of the transfer. proposal. NSCC will notify the By establishing the framework and Commission of any written comments 40 15 U.S.C. 78q–1(b)(3)(F). strategy for the execution of the transfer received by NSCC. 41 17 CFR 240.17Ad–22(e)(3)(ii). 42 15 U.S.C. 78q–1(b)(3)(F). 43 17 CFR 240.17Ad–22(e)(3)(ii). 44 Id.
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III. Date of Effectiveness of the filing also will be available for and Section 107.1900 of the Small Proposed Rule Change, and Timing for inspection and copying at the principal Business Administration Rules and Commission Action office of NSCC and on DTCC’s website Regulations (13 CFR 107.1900) to The foregoing rule change has become (http://dtcc.com/legal/sec-rule- function as a small business investment effective pursuant to Section filings.aspx). All comments received company under the Small Business 19(b)(3)(A) 45 of the Act and paragraph will be posted without change. Persons Investment Company License No. 05/ (f) 46 of Rule 19b–4 thereunder. At any submitting comments are cautioned that 05–0292 issued to Vogen Funding, LP, time within 60 days of the filing of the we do not redact or edit personal said license is hereby declared null and proposed rule change, the Commission identifying information from comment void. summarily may temporarily suspend submissions. You should submit only Small Business Administration. such rule change if it appears to the information that you wish to make Thomas G. Morris, available publicly. All submissions Commission that such action is Acting Associate Administrator, Director, necessary or appropriate in the public should refer to File Number SR–NSCC– Office of SBIC Liquidation, Office of interest, for the protection of investors, 2021–004 and should be submitted on Investment and Innovation. or before April 23, 2021. or otherwise in furtherance of the [FR Doc. 2021–06812 Filed 4–1–21; 8:45 am] purposes of the Act. For the Commission, by the Division of BILLING CODE 8026–03–P Trading and Markets, pursuant to delegated IV. Solicitation of Comments authority.47 Interested persons are invited to J. Matthew DeLesDernier, SMALL BUSINESS ADMINISTRATION submit written data, views and Assistant Secretary. [Disaster Declaration #16253 and #16254; arguments concerning the foregoing, [FR Doc. 2021–06770 Filed 4–1–21; 8:45 am] including whether the proposed rule PUERTO RICO Disaster Number PR–00034] BILLING CODE 8011–01–P change is consistent with the Act. Presidential Declaration Amendment of Comments may be submitted by any of a Major Disaster for the the following methods: SMALL BUSINESS ADMINISTRATION Commonwealth of Puerto Rico Electronic Comments [License No. 05/05–0303] AGENCY: U.S. Small Business • Use the Commission’s internet Administration. comment form (http://www.sec.gov/ CapX Fund IV, L.P.; Surrender of ACTION: Amendment 11. rules/sro.shtml); or License of Small Business Investment • Send an email to rule-comments@ Company SUMMARY: This is an amendment of the sec.gov. Please include File Number SR– Presidential declaration of a major NSCC–2021–004 on the subject line. Pursuant to the authority granted to the United States Small Business disaster for the Commonwealth of Paper Comments Administration under the Small Puerto Rico (FEMA–4473–DR), dated • Business Investment Act of 1958, as 01/16/2020. Send paper comments in triplicate Incident: Earthquakes. amended, under Section 309 of the Act to Secretary, Securities and Exchange Incident Period: 12/28/2019 through and Section 107.1900 of the Small Commission, 100 F Street NE, 07/03/2020. Washington, DC 20549. Business Administration Rules and DATES: Issued on 03/25/2021. All submissions should refer to File Regulations (13 CFR 107.1900) to function as a small business investment Physical Loan Application Deadline Number SR–NSCC–2021–004. This file Date: Filing Period for the Municipality number should be included on the company under the Small Business Investment Company License No. 05/ of Rincon ends 05/24/2021. subject line if email is used. To help the Economic Injury (EIDL) Loan 05–0303 issued to CapX Fund IV, L.P., Commission process and review your Application Deadline Date: Filing said license is hereby declared null and comments more efficiently, please use Period for the Municipality of Rincon void. only one method. The Commission will ends 12/27/2021. post all comments on the Commission’s Small Business Administration. ADDRESSES: Submit completed loan internet website (http://www.sec.gov/ Thomas G. Morris, applications to: U.S. Small Business rules/sro.shtml). Copies of the Acting Associate Administrator, Director, Administration, Processing and submission, all subsequent Office of SBIC Liquidation, Office of Disbursement Center, 14925 Kingsport amendments, all written statements Investment and Innovation. Road, Fort Worth, TX 76155. with respect to the proposed rule [FR Doc. 2021–06811 Filed 4–1–21; 8:45 am] FOR FURTHER INFORMATION CONTACT: A. change that are filed with the BILLING CODE P Commission, and all written Escobar, Office of Disaster Assistance, communications relating to the U.S. Small Business Administration, proposed rule change between the SMALL BUSINESS ADMINISTRATION 409 3rd Street SW, Suite 6050, Commission and any person, other than Washington, DC 20416, (202) 205–6734. those that may be withheld from the [License No. 05/05–0292] SUPPLEMENTARY INFORMATION: The notice of the President’s major disaster public in accordance with the Vogen Funding, L.P.; Surrender of declaration for the Commonwealth of provisions of 5 U.S.C. 552, will be License of Small Business Investment Puerto Rico, dated 01/16/2020, is hereby available for website viewing and Company printing in the Commission’s Public amended to include the Municipality of Reference Room, 100 F Street NE, Pursuant to the authority granted to Rincon. Please contact the SBA disaster Washington, DC 20549 on official the United States Small Business assistance customer service center by business days between the hours of Administration under the Small email at disastercustomerservice@ 10:00 a.m. and 3:00 p.m. Copies of the Business Investment Act of 1958, as sba.gov or by phone at 1–800–659- 2955 amended, under Section 309 of the Act to request an application. Applications 45 15 U.S.C 78s(b)(3)(A). for physical damages may be filed until 46 17 CFR 240.19b–4(f). 47 17 CFR 200.30–3(a)(12). 05/24/2021 and applications for
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economic injury may be file until 12/27/ Small Business Administration. DEPARTMENT OF STATE 2021. Thomas G. Morris, [Public Notice: 11389] All other information in the original Acting Associate Administrator, Director, declaration remains unchanged. Office of Liquidation, Office of Investment Notice of Determinations; Culturally and Innovation. Significant Objects Being Imported for (Catalog of Federal Domestic Assistance [FR Doc. 2021–06810 Filed 4–1–21; 8:45 am] Exhibition—Determinations: ‘‘Egypt: Number 59008) BILLING CODE P The Time of Pharaohs’’ Exhibition James Rivera, SUMMARY: Notice is hereby given of the Associate Administrator for Disaster following determinations: I hereby Assistance. determine that certain objects being DEPARTMENT OF STATE [FR Doc. 2021–06813 Filed 4–1–21; 8:45 am] imported from abroad pursuant to BILLING CODE 8026–03–P agreements with their foreign owners or [Public Notice: 11380] custodians for temporary display in the exhibition ‘‘Egypt: The Time of SMALL BUSINESS ADMINISTRATION Notice of Determinations; Culturally Pharaohs’’ at the Natural History Significant Object Being Imported for Museum of Utah, Salt Lake City, Utah, [License No. 02/02–0658] Exhibition—Determinations: Exhibition at the Denver Museum of Nature and of ‘‘The Large Figure Paintings, No. 5, Science, Denver, Colorado, and at OFS SBIC I, L.P.; Notice Seeking The Key to All Work to Date’’ Painting possible additional exhibitions or Exemption Under Section 312 of the by Hilma af Klint venues yet to be determined, are of Small Business Investment Act, cultural significance, and, further, that Conflicts of Interest SUMMARY: Notice is hereby given of the their temporary exhibition or display following determinations: I hereby within the United States as Notice is hereby given that OFS SBIC determine that one object being aforementioned is in the national I, L.P., 540 Madison Avenue, Floor 8, imported from abroad pursuant to an interest. I have ordered that Public New York, NY 10022, a Federal agreement with the foreign owner or Notice of these determinations be Licensee under the Small Business custodian for temporary exhibition published in the Federal Register. Investment Act of 1958, as amended within the Collection Galleries: 1880s– FOR FURTHER INFORMATION CONTACT: Chi (‘‘the Act’’), in connection with the 1940s of the Museum of Modern Art, D. Tran, Program Administrator, Office financing of a small concern, has sought New York, New York, and at possible of the Legal Adviser, U.S. Department of an exemption under Section 312 of the additional exhibitions or venues yet to State (telephone: 202–632–6471; email: Act and Section 107.730, Financings be determined, is of cultural [email protected]). The mailing which Constitute Conflicts of Interest of significance, and, further, that its address is U.S. Department of State, the Small Business Administration temporary exhibition or display within L/PD, SA–5, Suite 5H03, Washington, DC 20522–0505. (‘‘SBA’’) Rules and Regulations (13 CFR the United States as aforementioned is 107.730). OFS SBIC I, L.P., is seeking a in the national interest. I have ordered SUPPLEMENTARY INFORMATION: The that Public Notice of these written exemption from SBA for a foregoing determinations were made determinations be published in the pursuant to the authority vested in me proposed financing to Chemical Federal Register. by the Act of October 19, 1965 (79 Stat. Resources Holdings, Inc., 103 Carnegie 985; 22 U.S.C. 2459), Executive Order Center, Suite 100, Princeton, NJ 08540. FOR FURTHER INFORMATION CONTACT: Chi 12047 of March 27, 1978, the Foreign The financing is brought within the D. Tran, Program Administrator, Office Affairs Reform and Restructuring Act of purview of § 107.730(a) of the of the Legal Adviser, U.S. Department of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. Regulations because OFS SBIC I, L.P. State (telephone: 202–632–6471; email: 6501 note, et seq.), Delegation of will participate in a follow-on [email protected]). The mailing Authority No. 234 of October 1, 1999, transaction where its Associates own address is U.S. Department of State, and Delegation of Authority No. 236–3 more than 10% equity ownership in the L/PD, SA–5, Suite 5H03, Washington, of August 28, 2000. DC 20522–0505. company, Chemical Resources Matthew R. Lussenhop, Holdings, Inc., therefore this transaction SUPPLEMENTARY INFORMATION: The Acting Assistant Secretary, Bureau of is considered Financing which foregoing determinations were made Educational and Cultural Affairs, Department constitute conflicts of interest requiring pursuant to the authority vested in me of State. SBA’s prior written exemption. OFS by the Act of October 19, 1965 (79 Stat. [FR Doc. 2021–06863 Filed 4–1–21; 8:45 am] SBIC I, L.P. has not made its investment 985; 22 U.S.C. 2459), E.O. 12047 of BILLING CODE 4710–05–P in Chemical Resources Holdings, Inc March 27, 1978, the Foreign Affairs and is seeking pre-financing SBA Reform and Restructuring Act of 1998 approval. (112 Stat. 2681, et seq.; 22 U.S.C. 6501 DEPARTMENT OF STATE Notice is hereby given that any note, et seq.), Delegation of Authority [Public Notice: 11390] interested person may submit written No. 234 of October 1, 1999, and comments on this transaction within Delegation of Authority No. 236–3 of Notice of Determinations; Culturally August 28, 2000. fifteen days of the date of this Significant Objects Being Imported for Exhibition—Determinations: ‘‘The publication to the Associate Matthew R. Lussenhop, Administrator, Office of Investment and Medici: Portraits & Politics, 1512–1570’’ Acting Assistant Secretary, Bureau of Exhibition Innovation, U.S. Small Business Educational and Cultural Affairs, Department Administration, 409 Third Street SW, of State. SUMMARY: Notice is hereby given of the Washington, DC 20416. [FR Doc. 2021–06859 Filed 4–1–21; 8:45 am] following determinations: I hereby BILLING CODE 4710–05–P determine that certain objects being
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imported from abroad pursuant to Pennsylvania operated by YRC.1 Under least seven days before the exemption agreements with their foreign owners or the proposed transaction, M&P and becomes effective). custodians for temporary display in the Yorkrail will be merged with and into All pleadings, referring to Docket No. exhibition ‘‘The Medici: Portraits & YRC with YRC being the surviving FD 36492, should be filed with the Politics, 1512—1570’’ at The corporate entity, owning and operating Surface Transportation Board via e- Metropolitan Museum of Art, New York, the covered rail lines.2 Applicants state filing on the Board’s website. In New York, and at possible additional that the purpose of the transaction is to addition, one copy of each pleading exhibitions or venues yet to be restructure their corporate family to must be served on Applicants’ determined, are of cultural significance, simplify and streamline the ownership representative, Eric M. Hocky, Clark Hill and, further, that their temporary and operation of the M&P and Yorkrail PLC, Two Commerce Square, 2001 exhibition or display within the United rail assets. According to Applicants, the Market St., Suite 2620, Philadelphia, PA States as aforementioned is in the only change as a result of the proposed 19103. national interest. I have ordered that transaction is that YRC will have direct, According to Applicants, this action Public Notice of these determinations be instead of indirect, ownership of the rail is categorically excluded from published in the Federal Register. assets currently belonging to M&P and environmental review under 49 CFR Yorkrail. FOR FURTHER INFORMATION CONTACT: Chi 1105.6(c) and historic preservation The verified notice states that the reporting under 49 CFR 1105.8(b). D. Tran, Program Administrator, Office proposed transaction does not impose or of the Legal Adviser, U.S. Department of Board decisions and notices are involve an interchange commitment by available at www.stb.gov. State (telephone: 202–632–6471; email: or affecting Applicants.3 [email protected]). The mailing Unless stayed, the exemption will be Decided: March 29, 2021. address is U.S. Department of State, effective on April 18, 2021 (30 days after By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. L/PD, SA–5, Suite 5H03, Washington, the verified notice was filed). DC 20522–0505. Applicants state that they intend to Eden Besera, SUPPLEMENTARY INFORMATION: The consummate the proposed transaction Clearance Clerk. foregoing determinations were made on or after April 30, 2021. [FR Doc. 2021–06829 Filed 4–1–21; 8:45 am] pursuant to the authority vested in me The verified notice states that the BILLING CODE 4915–01–P by the Act of October 19, 1965 (79 Stat. proposed transaction is within 985; 22 U.S.C. 2459), Executive Order Applicants’ corporate family and will 12047 of March 27, 1978, the Foreign not result in adverse changes in service SURFACE TRANSPORTATION BOARD Affairs Reform and Restructuring Act of levels, significant operational changes, [Docket No. FD 36499] 1998 (112 Stat. 2681, et seq.; 22 U.S.C. or a change in the competitive balance 6501 note, et seq.), Delegation of with carriers outside the corporate Northern Indiana Railroad Company, Authority No. 234 of October 1, 1999, family. Therefore, the transaction is LLC—Acquisition Exemption—Town of and Delegation of Authority No. 236–3 exempt from the prior approval North Judson, Ind. of August 28, 2000. requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(3). Northern Indiana Railroad Company, Matthew R. Lussenhop, Under 49 U.S.C. 10502(g), the Board LLC (NIRCo), a noncarrier, has filed a Acting Assistant Secretary, Bureau of may not use its exemption authority to verified notice of exemption under 49 Educational and Cultural Affairs, Department relieve a rail carrier of its statutory CFR 1150.31 to acquire from the Town of State. obligation to protect the interests of its of North Judson, Ind., approximately [FR Doc. 2021–06865 Filed 4–1–21; 8:45 am] employees. However, 49 U.S.C. 11326(c) 32.97 miles of rail line extending BILLING CODE 4710–05–P does not provide for labor protection for between milepost CF 0.63, at LaCrosse, transactions under 49 U.S.C. 11324 and and milepost 15.23 at Wellsboro, and 11325 that involve only Class III rail between milepost CI 212.55, at or near carriers. Accordingly, the Board may not North Judson, and milepost 230.92, at SURFACE TRANSPORTATION BOARD impose labor protective conditions here Malden, in LaPorte, Porter, and Starke because all of the carriers involved are Counties, Ind. (collectively, the Line). [Docket No. FD 36492] Class III rail carriers. The verified notice states that, following If the verified notice contains false or the sale, the Chesapeake and Indiana York Railway Company, Maryland and misleading information, the exemption Railroad Company (CKIN), a Class III Pennsylvania Railroad, LLC, and is void ab initio. Petitions to revoke the rail carrier, will continue its current Yorkrail, LLC—Corporate Family exemption under 49 U.S.C. 10502(d) operations over the Line.1 Transaction Exemption may be filed at any time. The filing of NIRCo certifies that its projected a petition to revoke will not annual revenues as a result of this York Railway Company (YRC), automatically stay the effectiveness of Maryland and Pennsylvania Railroad, the exemption. Petitions for stay must 1 CKIN obtained authority to operate over the LLC (M&P), and Yorkrail, LLC (Yorkrail) be filed no later than April 9, 2021 (at Line in Chesapeake & Indiana Railroad—Operation (collectively, Applicants), have jointly Exemption—Town of North Judson, Ind., FD 34529 filed a verified notice of exemption for (STB served Aug. 20, 2004). In 2017, CKIN obtained 1 The verified notice states that Genesee & amended operating authority for a 27.92-mile a corporate family transaction under 49 Wyoming, Inc., gained control of all three segment of the Line, from milepost CF 0.23 to CFR 1180.2(d)(3). companies in 2002. See Genesee & Wyo. Inc.— milepost CF 15.23, and from milepost CI 218 to According to the verified notice, YRC, Control Exemption— ETR Acquis. Corp., FD 34148 milepost CI 230.92, see Chesapeake & Ind. R.R.— (STB served Feb. 28, 2002). Amended Operation Exemption—Town of N. a Delaware corporation and Class III 2 As a result of this transaction, YRC also will Judson, Ind., FD 36147 (STB served Oct. 20, 2017), carrier, wholly owns both M&P and acquire Yorkrail’s rights to reactivate service and authority to discontinue service over an Yorkrail, each of which is a Delaware established in Yorkrail, LLC—Abandonment approximately 5.45-mile segment of the Line limited liability company and non- Exemption—in York County, Penn., AB 1308X (STB between milepost CI 212.55 and milepost CI 218.0, served Nov. 20, 2020). see Chesapeake & Ind. R.R.—Discontinuance of operating Class III carrier that owns 3 Applicants filed an unexecuted draft copy of the Serv. Exemption—in Starke Cnty., Ind., AB 1259X common carrier rail lines in agreement with their verified notice. (STB served Nov. 28, 2017).
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transaction will not exceed those that of final agency actions. A claim seeking U.S.C. 109 would qualify it as a Class III rail carrier judicial review of the Federal agency 4. MAP–21, the Moving Ahead for Progress and will not exceed $5 million. NIRCo actions on the highway project will be in the 21st Century Act (Pub. L. 112–141) further certifies that the acquisition does barred unless the claim is filed on or 5. Clean Air Act Amendments of 1990 (CAAA) not involve a provision or agreement before August 30, 2021. If the Federal 6. Clean Water Act of 1977 and 1987 that would limit future interchange with law that authorizes judicial review of a 7. Federal Water Pollution Control Act of a third-party connecting carrier. claim provides a time period of less 1972 (see Clean Water Act of 1977 & The transaction may be consummated than 150 days for filing such claim, then 1987) on or after April 18, 2021, the effective that shorter time period still applies. 8. Federal Land Policy and Management Act date of the exemption (30 days after the FOR FURTHER INFORMATION CONTACT: For of 1976 (Paleontological Resources) verified notice was filed). Caltrans: Cara Lambirth, Branch Chief, 9. Noise Control Act of 1972 If the verified notice contains false or Caltrans Office of Environmental 10. Safe Drinking Water Act of 1944, as amended misleading information, the exemption Management, M–3, California is void ab initio. Petitions to revoke the 11. Endangered Species Act of 1973 Department of Transportation-District 3, 12. Executive Order 11990, Protection of exemption under 49 U.S.C. 10502(d) 703 B Street, Marysville, CA 95901. Wetlands may be filed at any time. The filing of Office Hours: 8:00 a.m.–5:00 p.m., 13. Executive Order 13112, Invasive Species a petition to revoke will not Pacific Standard Time, telephone (530) 14. Executive Order 13186, Migratory Birds automatically stay the effectiveness of 741–4134 or email cara.lambirth@ 15. Fish and Wildlife Coordination Act of the exemption. Petitions to stay must be dot.ca.gov. For FHWA, contact David 1934, as amended filed no later than April 9, 2021 (at least Tedrick at (916) 498–5024 or email 16. Migratory Bird Treaty Act seven days before the exemption [email protected]. 17. Water Bank Act Wetlands Mitigation Banks, ISTEA 1991, Sections 1006–1007 becomes effective). SUPPLEMENTARY INFORMATION: Effective All pleadings, referring to Docket No. 18. Wildflowers, Surface Transportation and July 1, 2007, the FHWA assigned, and Uniform Relocation Act of 1987 Section FD 36499, should be filed with the Caltrans assumed, environmental 130 Surface Transportation Board via e- responsibilities for this project pursuant 19. Coastal Zone Management Act of 1972 filing on the Board’s website. In to 23 U.S.C. 327. Notice is hereby given 20. Coastal Zone Management Act addition, a copy of each pleading must that the Caltrans has taken final agency Reauthorization Amendments of 1990 be served on NIRCo’s representative: actions subject to 23 U.S.C. 139(l)(1) by 21. Executive Order 11988, Floodplain Charles H. Montange, Law Offices of Management issuing licenses, permits, and approvals 22. Department of Transportation (DOT) Charles H. Montange, 426 NW 162nd St, for the following highway project in the Seattle, WA 98177. Executive Order 5650.2—Floodplain State of California: Caltrans proposes to Management and Protection (April 23, Board decisions and notices are available rehabilitate State Route 70 (SR 70) in 1979) at www.stb.gov. Marysville, California, for 23. Rivers and Harbors Appropriation Act of Decided: March 30, 2021. approximately 0.9 miles (14.8 PM to 1899, Sections 9 and 10 By the Board, Allison C. Davis, Director, 15.7 PM), including the replacement of 24. Title VI of the Civil Rights Act of 1964, Office of Proceedings. Binney Junction Underpass (UP) and the as amended 25. Executive Order 12898, Federal Actions Brendetta Jones, Marysville UP. The project will provide to Address Environmental Justice and Clearance Clerk. complete streets elements, rehabilitate Low-Income Populations existing pavement, reduce future traffic [FR Doc. 2021–06842 Filed 4–1–21; 8:45 am] (Catalog of Federal Domestic Assistance BILLING CODE 4915–01–P congestion, improve operations and Program Number 20.205, Highway Planning safety, and comply with current and Construction. The regulations Caltrans, Union Pacific Railroad implementing Executive Order 12372 DEPARTMENT OF TRANSPORTATION (UPRR), local and federal standards. regarding intergovernmental consultation on The actions by the Federal agencies, Federal programs and activities apply to this Federal Highway Administration and the laws under which such actions program.) were taken, are described in the Final Authority: 23 U.S.C. 139(l)(1). Notice of Final Federal Agency Actions Environmental Assessment (FEA)/ Issued on: March 30, 2021. on Proposed Highway in California Finding of No Significant Impact (FONSI) for the project, approved on Rodney Whitfield, AGENCY: Federal Highway December 7, 2020, and in other Director, Financial Services, Federal Highway Administration (FHWA), Department of documents in Caltrans’ project records. Administration, California Division. Transportation (DOT). The FEA, FONSI and other project [FR Doc. 2021–06856 Filed 4–1–21; 8:45 am] ACTION: Notice of limitation on claims records are available by contacting BILLING CODE 4910–RY–P for judicial review of actions by the Caltrans at the addresses provided California Department of Transportation above, or can be viewed and (Caltrans). downloaded from the project website at: DEPARTMENT OF TRANSPORTATION SUMMARY: The FHWA, on behalf of https://dot.ca.gov/caltrans-near-me/ Federal Highway Administration Caltrans, is issuing this notice to district-3/d3-programs/d3- announce actions taken by Caltrans that environmental-planning/d3- Notice of Final Federal Agency Actions relate to a proposed highway project, environmental-docs. This notice applies on Proposed Highway in California Binney Junction Underpass (UP) and to all Federal agency decisions as of the AGENCY: Federal Highway Marysville UP replacement on State issuance date of this notice and all laws Administration (FHWA), Department of Route 70, in the City of Marysville, in under which such actions were taken, Transportation (DOT). Yuba County, in the State of California. including but not limited to: Those actions grant licenses, permits, 1. Council on Environmental Quality ACTION: Notice of limitation on claims Regulations and approvals for the project. for judicial review of actions by the 2. National Environmental Policy Act of California Department of Transportation DATES: By this notice, the FHWA, on 1969, as amended, 42 U.S.C. 4321 et seq. (Caltrans). behalf of Caltrans, is advising the public 3. Federal-Aid Highway Act of 1970, 23
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SUMMARY: The FHWA, on behalf of Finding of No Significant Impact Issued on: March 30, 2021. Caltrans, is issuing this notice to (FONSI) for the project, issued on Rodney Whitfield, announce actions taken by Caltrans that February 1, 2021, and in other Director, Financial Services, Federal Highway are final. The actions relate to the documents in Caltrans’ project records. Administration, California Division. proposed Dublin Boulevard—North The FEA, FONSI and other project [FR Doc. 2021–06857 Filed 4–1–21; 8:45 am] Canyons Parkway Extension Project records are available by contacting BILLING CODE 4910–RY–P (Federal-aid project number RTPL– Caltrans at the addresses provided 5432(019)) in the cities of Dublin and above, or can be viewed and Livermore, County of Alameda, State of downloaded from the project website at: DEPARTMENT OF TRANSPORTATION California. Those actions grant licenses, https://dublin.ca.gov/1919/Dublin- permits, and approvals for the project. Boulevard-Extension. Federal Highway Administration DATES: A claim seeking judicial review This notice applies to all Federal Notice of Final Federal Agency Actions of the Federal agency actions on the agency decisions as of the issuance date on Proposed Highway in California project will be barred unless the claim of this notice and all laws under which is filed on or before August 30, 2021. If such actions were taken, including but AGENCY: Federal Highway the Federal law that authorizes judicial not limited to: Administration (FHWA), Department of review of a claim provides a time period 1. Council on Environmental Quality Transportation (DOT). of less than 150 days for filing such Regulations ACTION: Notice of limitation on claims claim, then that shorter time period still 2. National Environmental Policy Act of for judicial review of actions by the applies. 1969, as amended, 42 U.S.C. 4321 et seq. California Department of Transportation FOR FURTHER INFORMATION CONTACT: For 3. Federal-Aid Highway Act of 1970, 23 (Caltrans). Caltrans: Tom Holstein, Senior U.S.C. 109 4. MAP–21, the Moving Ahead for Progress SUMMARY: The FHWA, on behalf of Environmental Planner, Caltrans District in the 21st Century Act, (Pub. L. 112– 4 Office of Local Assistance, 12th Floor, Caltrans, is issuing this notice to 141) announce actions taken by Caltrans that 111 Grand Avenue, Oakland, CA 94623. 5. Clean Air Act Amendments of 1990 Office Hours: 8:00 a.m.–5:00 p.m., (CAAA) are final. The actions relate to a Pacific Standard Time, telephone (510) 6. Clean Water Act of 1977 and 1987 proposed highway project, replacement 960–0794 or email tom.holstein@ 7. Federal Water Pollution Control Act of of Morrill Canyon Bridge (Bridge No. 56 dot.ca.gov. For FHWA, contact David 1972 (see Clean Water Act of 1977 and 0169, Post Mile 3.08) and Strawberry Tedrick at (916) 498–5024 or email 1987) Creek Bridge (Bridge No. 56 0180 Post [email protected]. 8. Federal Land Policy and Management Act Mile 53.5) on State Route 74 in the of 1976 (Paleontological Resources) County of Riverside, State of California. SUPPLEMENTARY INFORMATION: By this 9. Noise Control Act of 1972 notice, the FHWA, on behalf of Caltrans, Those actions grant licenses, permits, 10. Safe Drinking Water Act of 1944, as and approvals for the project. is advising the public of final agency amended actions subject to 23 U.S.C. 139(l)(1). 11. Endangered Species Act of 1973 DATES: A claim seeking judicial review Effective July 1, 2007, the FHWA 12. Executive Order 11990, Protection of of the Federal agency actions on the assigned, and Caltrans assumed, Wetlands highway project will be barred unless environmental responsibilities for this 13. Executive Order 13112, Invasive Species the claim is filed on or before August project pursuant to 23 U.S.C. 327. 14. Executive Order 13186, Migratory Birds 30, 2021. If the Federal law that 15. Fish and Wildlife Coordination Act of authorizes judicial review of a claim Notice is hereby given that Caltrans has 1934, as amended taken final agency actions subject to 23 provides a time period of less than 150 16. Migratory Bird Treaty Act days for filing such claim, then that U.S.C. 139(l)(1) by issuing licenses, 17. Water Bank Act Wetlands Mitigation permits, and approvals for the following Banks, ISTEA 1991, Sections 1006–1007 shorter time period still applies. project in the State of California: The 18. Wildflowers, Surface Transportation and FOR FURTHER INFORMATION CONTACT: For City of Dublin, in cooperation with Uniform Relocation Act of 1987 Section Caltrans: Renetta Cloud, Branch Chief of Caltrans, City of Livermore, Alameda 130 Environmental Studies ‘‘A’’, California County, and the FHWA, proposes to 19. Coastal Zone Management Act of 1972 Department of Transportation, District extend Dublin Boulevard approximately 20. Coastal Zone Management Act 8, 464 W. Fourth Street, MS–823, San Reauthorization Amendments of 1990 Bernardino, CA 92401–1400. Phone: 1.5 miles (mi) eastward through eastern 21. Executive Order 11988, Floodplain Dublin and an unincorporated portion Management (909) 383–6323, Email: renetta.cloud@ of the County, terminating at the 22. Department of Transportation (DOT) dot.ca.gov. For FHWA, contact David boundary between the County and Executive Order 5650.2—Floodplain Tedrick at (916) 498–5024 or email Livermore city limits (the Project). The Management and Protection (April 23, [email protected]. purpose of the project is to improve 1979) SUPPLEMENTARY INFORMATION: By this east-west local roadway connectivity 23. Rivers and Harbors Appropriation Act of notice, the FHWA, on behalf of Caltrans, between the City of Dublin and the City 1899, Section 9 and 10 is advising the public of final agency of Livermore, and improve mobility, 24. Title VI of the Civil Rights Act of 1964, actions subject to 23 U.S.C. 139(l)(1). as amended multimodal access, safety and efficiency 25. Executive Order 12898, Federal Actions Effective July 1, 2007, the FHWA for all roadway users. The purpose is To Address Environmental Justice and assigned, and Caltrans assumed, also to indirectly relieve vehicular Low-Income Populations. environmental responsibilities for this congestion in the region by providing a (Catalog of Federal Domestic Assistance project pursuant to 23 U.S.C. 327. completed freeway reliever route along Program Number 20.205, Highway Planning Notice is hereby given that the Caltrans, the north side of I–580 between I–680 and Construction. The regulations has taken final agency actions subject to and Route 84 (Isabel Avenue). The implementing Executive Order 12372 23 U.S.C. 139(l)(1) by issuing licenses, actions by the Federal agencies, and the regarding intergovernmental consultation on permits, and approvals for the following laws under which such actions were Federal programs and activities apply to this highway project in the State of taken, are described in the Final program.) California: Replace Morrill Canyon Environmental Assessment (EA)/ Authority: 23 U.S.C. 139(l)(1). Bridge (Bridge No. 56 0169, Post Mile
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3.08) and Strawberry Creek Bridge and Construction. The regulations each meeting will be posted when (Bridge No. 56 0180, Post Mile 53.5) on implementing Executive Order 12372 available on the PHMSA website at State Route 74 in Riverside County. The regarding intergovernmental consultation on https://www.phmsa.dot.gov/ Federal programs and activities apply to this existing bridges have nonstandard program.) international-program/international- bridge rails that do not meet current program-overview under ‘‘Upcoming Authority: 23 U.S.C. 139(l)(1). federal crash standards and also have Events.’’ This information will include nonstandard lane and shoulder widths. Issued on: March 30, 2021. the public meeting date, time, The actions by the Federal agencies, and Rodney Whitfield, conference call-in number, and details the laws under which such actions were Director, Financial Services, Federal Highway for advanced registration. taken, are described in the Final Administration, California Division. Environmental Assessment (FEA)/ [FR Doc. 2021–06858 Filed 4–1–21; 8:45 am] FOR FURTHER INFORMATION CONTACT: Finding of No Significant Impact BILLING CODE 4910–RY–P Steven Webb or Aaron Wiener, PHMSA, (FONSI) for the project, approved on U.S. Department of Transportation. March 19, 2021, and in other documents Telephone: (202) 366–8553. in the Caltrans’ project records. The DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: The FEA, FONSI and other project records purpose of PHMSA’s public meetings are available by contacting Caltrans at Pipeline and Hazardous Materials the addresses provided above. The Safety Administration held in advance of certain international Caltrans FEA, FONSI can be meetings is to allow the public to give [Docket No. PHMSA–2019–0224; Notice No. input on the current proposals being viewed and downloaded from the 2021–02] project website at https:// considered by the international www.sr74bridgereplacement.com/, or at Hazardous Materials: Notice of Public standards setting bodies. the State of California, Governor’s Office Meetings in 2021 for International The 58th and 59th sessions of the of Planning and Research CEQAnet Web Standards on the Transport of UNSCOE TDG will represent the first Portal at: https://ceqanet.opr.ca.gov/ Dangerous Goods and second meetings scheduled for the Project/2021010067. AGENCY: Pipeline and Hazardous 2021–2022 biennium. The UNSCOE This notice applies to all Federal Materials Safety Administration TDG will consider proposals for the agency decisions as of the issuance date (PHMSA), Office of Hazardous Materials 23rd Revised Edition of the United of this notice and all laws under which Safety, Department of Transportation Nations Recommendations on the such actions were taken, including but (DOT). Transport of Dangerous Goods: Model not limited to: ACTION: Notice of 2021 public meetings. Regulations (Model Regulations), which 1. Council on Environmental Quality may be implemented into relevant Regulations SUMMARY: This notice announces that domestic, regional, and international 2. National Environmental Policy Act of PHMSA’s Office of Hazardous Materials regulations starting January 1, 2025. 1969, as amended, 42 U.S.C. 4321 et Safety will host four public meetings Copies of working documents, informal seq. during 2021 in advance of certain documents, the agenda, and the post- 3. Federal-Aid Highway Act of 1970, 23 international meetings. The first meeting final report may be obtained U.S.C. 109 meeting will be held in preparation of 4. MAP–21, the Moving Ahead for the International Civil Aviation from the United Nations Transport Progress in the 21st Century Act Organization’s (ICAO) Dangerous Goods Division’s website at: http:// (Pub. L. 112–141) Panel (DGP) Working Group 21 (WG/21) www.unece.org/trans/danger/ 5. Clean Air Act Amendments of 1990 virtual meeting scheduled for May 24– danger.html. (CAAA) 28, 2021. The second meeting will be The ICAO WG/21 and DGP/28 6. Clean Water Act of 1977 and 1987 held in preparation of the 58th session meetings will represent the second and 7. Federal Water Pollution Control Act of the United Nations Sub-Committee of final meetings of the 2020–2021 of 1972 (see Clean Water Act of Experts on the Transport of Dangerous biennium. The ICAO DGP will consider 1977 and 1987) Goods (UNSCOE TDG) scheduled for 8. Endangered Species Act of 9173 proposals for the 2023–2024 edition of 9. Executive Order 11990, Protection of June 28 to July 2, 2021, in Geneva, the Technical Instructions for the Safe Wetlands Switzerland. The third meeting will be Transport of Dangerous Goods by Air 10. Executive Order 13112, Invasive held in preparation of the ICAO DGP 28 (Doc 9284). Copies of working papers, Species Meeting (DGP/28) scheduled for information papers, the agenda, and the 11. Executive Order 13186, Migratory September 27 to October 1, 2021. The post-meeting final report may be Birds fourth meeting will be held in obtained from the ICAO DGP website at: preparation of the 59th session of the 12. Fish and Wildlife Coordination Act https://www.icao.int/safety/ UNSCOE TDG scheduled for November of 1934, as amended DangerousGoods/Pages/ 29 to December 8, 2021. For each of 13. Migratory Bird Treaty Act DGPMeetings.aspx. 14. Executive Order 11988, Floodplain these meetings, PHMSA will solicit Management public input on current proposals. Signed in Washington, DC, on March 30, 15. Department of Transportation (DOT) ADDRESSES: Each public meeting will 2021. Executive Order 5650.2— take place virtually approximately two William S. Schoonover, Floodplain Management and weeks preceding the international Associate Administrator for Hazardous Protection (April 23, 1979) meeting. If the guidelines concerning Materials Safety, Pipeline and Hazardous 16. Rivers and Harbors Appropriation the global health emergency change, Materials Safety Administration. Act of 1899, Section 9 and 10 PHMSA may hold the meeting(s), [FR Doc. 2021–06871 Filed 4–1–21; 8:45 am] 17. Title VI of the Civil Rights Act of concurrent with the virtual sessions, at BILLING CODE 4910–60–P 1964, as amended DOT Headquarters, West Building, 1200 (Catalog of Federal Domestic Assistance New Jersey Avenue SE, Washington, DC Program Number 20.205, Highway Planning 20590–0001. Specific information for
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DEPARTMENT OF THE TREASURY www.reginfo.gov without change, bank-operations/stress-test- including any business or personal reporting.html). Office of the Comptroller of the information provided, such as name and SUPPLEMENTARY INFORMATION: The OCC Currency address information, email addresses, or is requesting comment on the following phone numbers. Comments received, Agency Information Collection revision to an approved information including attachments and other collection: Activities: Revision of an Approved supporting materials, are part of the Information Collection; Submission for Title: Company-Run Annual Stress public record and subject to public Test Reporting Template and OMB Review; Company-Run Annual disclosure. Do not include any Stress Test Reporting Template and Documentation for Covered Institutions information in your comment or with Total Consolidated Assets of $250 Documentation for Covered supporting materials that you consider Institutions With Total Consolidated Billion or More under the Dodd-Frank confidential or inappropriate for public Wall Street Reform and Consumer Assets of $250 Billion or More Under disclosure. the Dodd-Frank Wall Street Reform and Protection Act. Written comments and OMB Control No.: 1557–0319. Consumer Protection Act recommendations for the proposed Description: Section 165(i)(2) of the information collection should be sent AGENCY: Office of the Comptroller of the Dodd-Frank Wall Street Reform and within 30 days of publication of this Currency (OCC), Treasury. Consumer Protection Act 2 (Dodd-Frank notice to www.reginfo.gov/public/do/ ACTION: Notice and request for comment. Act) requires certain financial PRAMain. Find this particular companies, including national banks SUMMARY: The OCC, as part of its information collection by selecting and federal savings associations, to continuing effort to reduce paperwork ‘‘Currently under 30-day Review—Open conduct annual stress tests 3 and and respondent burden, invites the for Public Comments’’ or by using the requires the primary financial regulatory general public and other federal search function. agency 4 of those financial companies to agencies to take this opportunity to You may review comments and other issue regulations implementing the comment on a continuing information related materials that pertain to this 5 1 stress test requirements. Under section collection as required by the Paperwork information collection following the 165(i)(2), a covered institution is Reduction Act of 1995 (PRA). In close of the 30-day comment period for required to submit to the Board of accordance with the requirements of the this notice by the following method: Governors of the Federal Reserve • Viewing Comments Electronically: PRA, the OCC may not conduct or System (Board) and to its primary Go to www.reginfo.gov. Click on the sponsor, and the respondent is not financial regulatory agency a report at ‘‘Information Collection Review’’ tab. required to respond to, an information such time, in such form, and containing Underneath the ‘‘Currently under collection unless it displays a currently such information as the primary Review’’ section heading, from the drop- valid Office of Management and Budget financial regulatory agency may down menu select ‘‘Department of (OMB) control number. The OCC require.6 Treasury’’ and then click ‘‘submit.’’ This proposed revisions to a regulatory On October 9, 2012, the OCC information collection can be located by reporting requirement for national banks published in the Federal Register a final searching by OMB control number and federal savings associations titled, rule implementing the section 165(i)(2) ‘‘1557–0319’’ or ‘‘Company-Run Annual ‘‘Company-Run Annual Stress Test annual stress test requirement.7 This Stress Test Reporting Template and Reporting Template and Documentation rule describes the reports and Documentation for Covered Institutions for Covered Institutions with Total information collections required to meet with Total Consolidated Assets of $250 Consolidated Assets of $250 Billion or the reporting requirements under Billion or More under the Dodd-Frank More under the Dodd-Frank Wall Street section 165(i)(2). These information Wall Street Reform and Consumer Reform and Consumer Protection Act,’’ collections will be given confidential Protection Act.’’ Upon finding the and is now seeking comment on the treatment (5 U.S.C. 552(b)(4)) to the appropriate information collection, click final version of those revisions. The extent permitted by law. on the related ‘‘ICR Reference Number.’’ OCC also has submitted the collection to In 2012, the OCC first implemented On the next screen, select ‘‘View OMB for review. the reporting templates referenced in Supporting Statement and Other the final rule. See 77 FR 49485 (August DATES: Comments must be received by Documents’’ and then click on the link May 3, 2021. 16, 2012) and 77 FR 66663 (November to any comment listed at the bottom of 6, 2012). The OCC uses the data ADDRESSES: Commenters are encouraged the screen. collected to assess the reasonableness of to submit comments by email, if • For assistance in navigating the stress test results of covered possible. You may submit comments by www.reginfo.gov, please contact the institutions and to provide forward- any of the following methods: Regulatory Information Service Center looking information to the OCC • Email: [email protected]. at (202) 482–7340. • regarding a covered institution’s capital Mail: Chief Counsel’s Office, FOR FURTHER INFORMATION CONTACT: Attention: Comment Processing, Office adequacy. The OCC also may use the Shaquita Merritt, OCC Clearance results of the stress tests to determine of the Comptroller of the Currency, Officer, (202) 649–5490, Chief Counsel’s Attention: 1557–0319, 400 7th Street whether additional analytical Office, Office of the Comptroller of the techniques and exercises could be SW, Suite 3E–218, Washington, DC Currency, 400 7th St. SW, Washington, 20219. appropriate to identify, measure, and • DC 20219. In addition, copies of the monitor risks at the covered institution. Hand Delivery/Courier: 400 7th templates referenced in this notice can Street SW, Suite 3E–218, Washington, be found on the OCC’s website under 2 DC 20219. Public Law 111–203, 124 Stat. 1376, July 2010. News and Issuances (http:// 3 • Fax: (571) 465–4326. 12 U.S.C. 5365(i)(2)(A). www.occ.treas.gov/tools-forms/forms/ 4 12 U.S.C. 5301(12). Instructions: You must include 5 12 U.S.C. 5365(i)(2)(C). ‘‘OCC’’ as the agency name and ‘‘1557– 1 On January 28, 2021, the OCC published a 60- 6 12 U.S.C. 5365(i)(2)(B). 0319’’ in your comment. In general, the day notice for this information collection, 86 FR 7 77 FR 61238 (October 9, 2012) (codified at 12 OCC will publish comments on 7456. CFR part 46).
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The stress test results are expected to several capital buffers related ratios, performance of the functions of the support ongoing improvement in a such as the Board’s stress capital buffer OCC, including whether the information covered institution’s stress testing requirement adopted in 2020.12 The has practical utility; practices with respect to its internal changes remove certain items that are (b) The accuracy of the OCC’s assessments of capital adequacy and collected from Board-regulated estimate of the burden of the collection overall capital planning. The OCC institutions but that will not be required of information; proposed new changes to these from national banks and federal savings (c) Ways to enhance the quality, templates on January 28, 2021.8 associations. The changes remove the utility, and clarity of the information to The OCC recognizes that many OCC Supplemental Schedule, which be collected; covered institutions with total collects information not collected by the (d) Ways to minimize the burden of consolidated assets of $250 billion or FR Y–14A. While the proposed changes the collection on respondents, including more are required to submit reports included the deletion of some through the use of automated collection using reporting form FR Y–14A.9 The instructions related to the counterparty techniques or other forms of information OCC also recognizes the Board has default scenario, the final instructions technology; and proposed and implemented do not include this change. The modifications to the FR Y–14A and, to (e) Estimates of capital or start-up retention of these instructions is meant costs and costs of operation, the extent practical, the OCC is keeping to clarify that the requirement to its reporting requirements consistent maintenance, and purchase of services include a counterparty default scenario to provide information. with the Board’s FR Y–14A to minimize is not being changed. burden on covered institutions.10 The OCC did not receive any Theodore J. Dowd, Therefore, the OCC is revising its comments on the proposed revisions. Deputy Chief Counsel, Office of the reporting requirements to mirror the Type of Review: Revision. Comptroller of the Currency. Board’s FR Y–14A for covered Affected Public: Businesses or other [FR Doc. 2021–06821 Filed 4–1–21; 8:45 am] institutions with total consolidated for-profit. BILLING CODE P assets of $250 billion or more. Estimated Number of Respondents: 8. The OCC’s changes include updates to Estimated Total Annual Burden: various schedules to reflect the adoption 3,716 hours. of the tailoring framework used to The OCC believes that the systems DEPARTMENT OF VETERANS determine the applicability of regulatory that covered institutions use to prepare AFFAIRS capital requirements to large U.S. the FR Y–14 reporting templates and banking organizations.11 Other changes submit to the Board will also be used to Advisory Committee on Women include removing the worksheet for prepare the reporting templates Veterans, Notice of Meeting reporting advanced approaches risk- described in this notice. On January 28, weighted assets and the worksheet for 2021, the OCC published a notice for 60 The Department of Veterans Affairs reporting pre-provision net revenue days of comment concerning this (VA) gives notice under the Federal (PPNR) metrics as well as technical collection, 86 FR 7456. No comments Advisory Committee Act, 5 U.S.C. App. changes to various individual data were received. Comments continue to be 2., that the Advisory Committee on items. The changes to the OCC’s invited on: Women Veterans will conduct a virtual reporting templates do not include data (a) Whether the collection of meeting on April 27–29, 2021. The items in the FR Y–14A associated with information is necessary for the proper meeting will begin and ends as follows:
Date: Time: Location:
April 27, 2021 ...... 10 a.m.–2:30 p.m. Eastern Standard Time (EST) .... See TEAMS link and call-in information below April 28, 2021 ...... 10 a.m.–2:30 p.m. (EST) ...... See TEAMS link and call-in information below April 29, 2021 ...... 10 a.m.–1 p.m. (EST) ...... See TEAMS link and call-in information below
The meeting sessions are open to the No time will be allocated at this 9705-9c3fda3a37cf%22%7d. To join the public. meeting for receiving oral presentations meeting session via phone: 1–872–701– The purpose of the Committee is to from the public. Interested parties 0185; code: 356 042 574#. should provide written comments for advise the Secretary of Veterans Affairs Dated: March 29, 2021. review by the Committee to Ms. regarding the needs of women Veterans Jelessa M. Burney, with respect to health care, Shannon L. Middleton at 00W@ mail.va.gov no later than April 20, 2021. Federal Advisory Committee Management rehabilitation, compensation, outreach, Any member of the public who wishes Officer. and other programs and activities to participate in the virtual meeting may [FR Doc. 2021–06760 Filed 4–1–21; 8:45 am] administered by VA designed to meet use the following TEAMS link: https:// BILLING CODE P such needs. The Committee makes teams.microsoft.com/l/meetup-join/ recommendations to the Secretary 19%3ameeting_Y2Q5ZDI0MGEtNj regarding such programs and activities. RkOC00YjM3LWI4MDQtNDQ3Y The agenda will include updates from zUwOThjOTE3%40thread.v2/0? the Veterans Health Administration, the context=%7b%22Tid%22%3a Veterans Benefits Administration, and %22e95f1b23-abaf-45ee-821d- Staff Offices, as well as briefings on b7ab251ab3bf%22%2c%22Oid other issues impacting women Veterans. %22%3a%229b0a18fa-89dd-4a43-
8 86 FR 7456 (Jan. 28, 2021). 10 85 FR 56607 (Sept. 14, 2020); 85 FR 63222 (Oct. 11 84 FR 59232 (Nov. 1, 2019). 9 http://www.federalreserve.gov/reportforms. 7, 2020). 12 85 FR 15576 (March 18, 2020).
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DEPARTMENT OF VETERANS NW, Washington, DC 20420 or email to the use of other forms of information AFFAIRS [email protected]. Please refer to technology. ‘‘OMB Control No. 2900–0005’’ in any [OMB Control No. 2900–0005] Authority: 38 U.S.C. 1121, 1310, 5121. correspondence. During the comment Title: Application for DIC by Parent(s) Agency Information Collection period, comments may be viewed online (Including Accrued Benefits and Death Activity: Application for DIC by through FDMS. Compensation) (VA Form 21P–535). Parent(s) (Including Accrued Benefits FOR FURTHER INFORMATION CONTACT: OMB Control Number: 2900–0005. and Death Compensation) Maribel Aponte, Office of Enterprise Type of Review: Extension of a and Integration, Data Governance AGENCY: Veterans Benefits currently approved collection. Analytics (008), 1717 H Street NW, Administration, Department of Veterans Abstract: 38 U.S.C 1121 and 1310 Washington, DC 20006, (202) 266–4688 Affairs. provide for payment of Dependency and or email [email protected]. Please ACTION: Notice. Indemnity Compensation (DIC) or Death refer to ‘‘OMB Control No. 2900–0005’’ compensation to parents of a Veteran SUMMARY: Veteran’s Benefits in any correspondence. whose death is service-connected. Administration (VBA), Department of SUPPLEMENTARY INFORMATION: Under the Parents must also meet income Veterans Affairs (VA), is announcing an PRA of 1995, Federal agencies must limitation to be eligible for benefits. 38 opportunity for public comment on the obtain approval from the Office of U.S.C. 5121 provides for payment of proposed collection of certain Management and Budget (OMB) for each accrued benefits. VBA uses 21P–535 to information by the agency. Under the collection of information they conduct collect the information necessary to Paperwork Reduction Act (PRA) of or sponsor. This request for comment is determine a surviving parent’s 1995, Federal agencies are required to being made pursuant to Section eligibility to Parents’ DIC benefits. publish notice in the Federal Register 3506(c)(2)(A) of the PRA. Affected Public: Individuals and concerning each proposed collection of With respect to the following households. information, including each proposed collection of information, VBA invites Estimated Annual Burden: 4,320 extension of a currently approved comments on: (1) Whether the proposed hours. collection, and allow 60 days for public collection of information is necessary Estimated Average Burden per comment in response to the notice. for the proper performance of VBA’s Respondent: 72 minutes. DATES: Written comments and functions, including whether the Frequency of Response: One time. recommendations on the proposed information will have practical utility; Estimated Number of Respondents: collection of information should be (2) the accuracy of VBA’s estimate of the 3,600. received on or before June 1, 2021. burden of the proposed collection of ADDRESSES: Submit written comments information; (3) ways to enhance the By direction of the Secretary. on the collection of information through quality, utility, and clarity of the Maribel Aponte, Federal Docket Management System information to be collected; and (4) VA PRA Clearance Officer, Office of (FDMS) at www.Regulations.gov or to ways to minimize the burden of the Enterprise and Integration/Data Governance Nancy J. Kessinger, Veterans Benefits collection of information on Analytics, Department of Veterans Affairs. Administration (20M33), Department of respondents, including through the use [FR Doc. 2021–06759 Filed 4–1–21; 8:45 am] Veterans Affairs, 810 Vermont Avenue of automated collection techniques or BILLING CODE 8320–01–P
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Vol. 86 Friday, No. 62 April 2, 2021
Part II
Department of Commerce
National Oceanic and Atmospheric Administration 50 CFR Part 217 Taking Marine Mammals Incidental to the Hampton Roads Bridge Tunnel Expansion Project in Norfolk, Virginia; Final Rule
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DEPARTMENT OF COMMERCE take of marine mammals incidental to exceptions. Sections 101(a)(5)(A) and the HRCP’s construction activities (D) of the MMPA (16 U.S.C. 1361 et National Oceanic and Atmospheric associated with the HRBT. The HRBT is seq.) direct the Secretary of Commerce Administration a major road transportation (as delegated to NMFS) to allow, upon infrastructure project along the existing request, the incidental, but not 50 CFR Part 217 I–64 highway in Virginia, consisting of intentional, taking of small numbers of [Docket No. 210318–0058] roadway improvements, trestle bridges, marine mammals by U.S. citizens who and bored tunnels crossing the James engage in a specified activity (other than RIN 0648–BK21 River between Norfolk and Hampton. commercial fishing) within a specified The purpose of the project is to address geographical region if certain findings Taking Marine Mammals Incidental to severe traffic congestion at the existing are made and either regulations are the Hampton Roads Bridge Tunnel HRBT crossing by increasing traffic issued or, if the taking is limited to Expansion Project in Norfolk, Virginia capacity and upgrading lanes. harassment, a notice of a proposed incidental take authorization may be AGENCY: National Marine Fisheries Legal Authority for the Action Service (NMFS), National Oceanic and provided to the public for review. Atmospheric Administration (NOAA), Section 101(a)(5)(A) of the MMPA (16 Authorization for incidental takings Commerce. U.S.C. 1371(a)(5)(A)) directs the shall be granted if NMFS finds that the taking will have a negligible impact on ACTION: Final rule; notification of Secretary of Commerce to allow, upon the species or stock(s) and will not have issuance of Letters of Authorization. request, the incidental, but not intentional taking of small numbers of an unmitigable adverse impact on the SUMMARY: NMFS, upon request of the marine mammals by U.S. citizens who availability of the species or stock(s) for Hampton Roads Connector Partners engage in a specified activity (other than taking for subsistence uses (where (HRCP), hereby issues regulations to commercial fishing) within a specified relevant). Further, NMFS must prescribe govern the unintentional taking of geographical region for up to five years the permissible methods of taking and marine mammals incidental to if, after notice and public comment, the other ‘‘means of effecting the least construction activities associated with agency makes certain findings and practicable adverse impact’’ on the the Hampton Roads Bridge Tunnel issues regulations that set forth affected species or stocks and their Expansion Project (HRBT) in Norfolk, permissible methods of taking pursuant habitat, paying particular attention to Virginia, over the course of five years to that activity and other means of rookeries, mating grounds, and areas of (2021–2026). These regulations, which effecting the ‘‘least practicable adverse similar significance, and on the allow for the issuance of Letters of impact’’ on the affected species or availability of the species or stocks for Authorization (LOA) for the incidental stocks and their habitat (see the taking for certain subsistence uses take of marine mammals during the discussion below in the Mitigation (referred to in shorthand as described activities and specified Measures section), as well as monitoring ‘‘mitigation’’); and requirements timeframes, prescribe the permissible and reporting requirements. Section pertaining to the mitigation, monitoring methods of taking and other means of 101(a)(5)(A) of the MMPA and the and reporting of the takings are set forth. effecting the least practicable adverse implementing regulations at 50 CFR part The definitions of all applicable MMPA impact on marine mammal species or 216, subpart I provide the legal basis for statutory terms cited above are included stocks and their habitat, as well as issuing this final rule containing five- in the relevant sections below. requirements pertaining to the year regulations, and for any subsequent Summary of Request monitoring and reporting of such taking. LOAs. As directed by this legal On November 19, 2019, NMFS authority, this final rule contains DATES: Effective from April 2, 2021 received an application from HRCP mitigation, monitoring, and reporting through April 1, 2026. requesting authorization for take of requirements. ADDRESSES: A copy of HRCP’s marine mammals incidental to application and supporting documents, Summary of Major Provisions Within construction activities related to a major as well as a list of the references cited the Final Rule road transport infrastructure project in this document, may be obtained Following is a summary of the major along the existing I-64 highway in online at: https:// provisions of these regulations regarding Virginia, consisting of roadway www.fisheries.noaa.gov/action/ HRCP’s construction activities. These improvements, trestle bridges, and incidental-take-authorization-hampton- measures include: bored tunnels crossing Hampton Roads roads-bridge-tunnel-expansion-project- • Shutdown of construction activities between Norfolk and Hampton, hampton-0. In case of problems under certain circumstances to Virginia. HRCP submitted a revised accessing these documents, please call minimize injury of marine mammals; application on June 27, 2020 which the contact listed below. • Required monitoring of the included changes to construction FOR FURTHER INFORMATION CONTACT: construction areas to detect the presence methods. We determined the Robert Pauline, Office of Protected of marine mammals before beginning application was adequate and complete Resources, NMFS, (301) 427–8401. construction activities; on September 29, 2020. On October 7, SUPPLEMENTARY INFORMATION: • Soft start for impact pile driving to 2020 (85 FR 63256), we published a allow marine mammals the opportunity notice of receipt (NOR) of HRCP’s Purpose and Need for Regulatory application in the Federal Register, Action to leave the area prior to initiating impact pile driving at full power; and requesting comments and information We received an application from the • Use of bubble curtains during related to the request for thirty days. HRCP requesting five-year regulations impact driving of steel piles in The proposed rule was subsequently and authorization to take multiple appropriate circumstances. published in the Federal Register on species of marine mammals. This rule January 8, 2021 (86 FR 1588) and establishes a framework under the Background requested comments and information authority of the MMPA (16 U.S.C. 1361 The MMPA prohibits the ‘‘take’’ of from the public. Please see Comments et seq.) to allow for the authorization of marine mammals, with certain and Responses, below.
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HRCP previously applied for an occur at variable rates, from a few boring machine (TBM), expansion of the incidental harassment authorization minutes one day to several hours the existing portal islands, and widening of (IHA) to cover initial in-water pile next. HRCP anticipates that between 1 the Willoughby Bay Trestle-Bridges, Bay driving work. That IHA was issued on to 10 piles could be installed per day, Avenue Bridges, and Oastes Creek July 10, 2020 (85 FR 48153; August 10, depending on project scheduling. Bridges. Also, upland portions of I-64 2020), and is effective until July 9, 2021. The project may incidentally expose will be widened to accommodate the Information related to this previous IHA marine mammals occurring in the additional lanes, the Mallory Street may be found online at: https:// vicinity to elevated levels of underwater Bridge will be replaced, and the I-64 www.fisheries.noaa.gov/action/ sound, thereby resulting in incidental overpass bridges will be improved. incidental-take-authorization-hampton- take, by Level A and Level B Pile installation and removal would roads-bridge-tunnel-expansion-project- harassment. occur at North Trestle, North Island, hampton-norfolk. To date, HRCP has Dates and Duration South Island, South Trestle, Willoughby adhered to all mitigation, monitoring, Spit, and Willoughby Bay (refer to and reporting requirements and has not The regulations are valid for a period Figure 1–1 in the application). Table 1 exceed authorized numbers of take. of five years (2021–2026). The specified below identifies the various project HRCP proposed to conduct in-water activities may occur at any time during design segments where in-water marine construction activities, including pile the five-year period of validity of the construction activities are planned that installation and removal, and requested regulations. HRCP expects pile driving have the potential to affect marine authorization to take five species of and removal to occur six days per week. mammals. HRCP plans to install up to marine mammals by Level A and Level The overall number of anticipated days 6,798 piles including 24- to 60-inch B harassment. Neither HRCP nor NMFS of pile installation and removal is 312 steel pipe piles, 24- to 54-inch concrete expects serious injury or mortality to each year for five years, based on a 6- piles, 16-inch timber piles, and sheet result from this activity, and none is day work week for an estimated total of piles. This would be done by a variety authorized. The regulations are effective 1,560 days. of methods including use of vibratory for five years (2021–2026). HRCP plans to conduct work during hammer, impact hammer, DTH hammer, daylight hours. However, pile and/or jetting. HRCP would remove up Description of Activity installation and removal may extend to 4,728 piles including 24- to 42-inch Overview into evening or nighttime hours as steel pipe piles, sheet piles, and 16-inch needed to accommodate pile installation timber piles using a vibratory hammer, HRCP is planning to conduct requirements (e.g., once pile driving construction activities associated with direct pull or by cutting them below the begins, a pile will be driven to design mudline. HRCP plans on using multiple the HRBT project. This is a major road tip elevation). In order to maintain pile transport infrastructure project along the hammers concurrently to install and integrity and follow safety precautions, remove piles. Tables 2 through Table 6 existing I-64 highway in Virginia, pile installation or removal will consisting of roadway improvements, show the number and types of piles continue after dark only for piles planned for installation and removal trestle bridges, and bored tunnels already in the process of being installed crossing Hampton Roads between each year by component and segment or removed. Installation or removal will while Table 7 shows the total number of Norfolk and Hampton. The project will not commence on new piles after dark. address severe traffic congestion at the template piles over five years by existing HRBT crossing by increasing Specific Geographic Region location. A detailed description of capacity and will include widening I-64 HRCP’s planned activities was provided The project area is located in the in our notice of proposed rulemaking to create an eight-lane facility with a waterway of Hampton Roads adjacent to consistent six-lanes between the I-64/I- (86 FR 1588; January 8, 2021) and is not the existing bridge and island structures repeated here. No changes have been 664 and I-64/I-564 Interchange, which of the HRBT. Hampton Roads is located could expand to eight-lanes during peak made to the specified activities at the confluence of the James River, the described therein. travel periods with the use of drivable Elizabeth River, the Nansemond River, shoulder lanes within the project limits. Willoughby Bay, and the Chesapeake TABLE 1—HRBT EXPANSION PROJECT The project will include the Bay. (see Figures 1–1 and 2–1 in HRCP’s DESIGN SEGMENTS construction of two new two-lane application). For additional detail tunnels, expansion of the existing portal regarding the specified geographic Project design segment Construction islands, and full replacement of the region, please see our Proposed Rule (86 number and name area existing North and South bridge-trestles. FR 1588; January 8, 2021) and Section The HRBT project will require 2 of HRCP’s application. A map of the Segment 1a (Hampton) ...... 1 extensive pile installation and pile HRBT Project Area is provided in Figure Segment 1b (North Trestle- removal activities. Pile installation 1 below and Figures 1–1 and 2–1 in Bridges) 1 ...... 2 1 methods will include impact and HRCP’s application. Segment 2a (Tunnel) ...... 3 Segment 3a (South Trestle- vibratory driving, jetting, and down-the- 1 hole (DTH) pile installation. Pile Detailed Description of Specific Activity Bridge) ...... 2 Segment 3b (Willoughby removal techniques for temporary piles The planned project will widen I-64 Spit) 1 ...... 4 will include vibratory pile removal or for approximately 9.9 miles along I-64 Segment 3c (Willoughby Bay cutting three feet below the mudline. from Settlers Landing Road in Hampton, Trestle-Bridges) 1 ...... 2 Impact pile installation is projected to Virginia, to the I-64/I-564 interchange in Segment 3d (4th View Street take place at 3 to 4 locations Norfolk, Virginia. The project will create Interchange) ...... 4 simultaneously and there is the an eight-lane facility with six consistent Segment 4a (Norfolk-Navy) .. 4 potential for as many as 7 pile use lanes and will include full Segment 5a (I-564 Inter- installation locations operating replacement of the North and South change) ...... 4 concurrently with different hammer Trestle-Bridges, two new parallel 1 Indicates segment includes in-water con- types. Pile installation and removal can tunnels constructed using a tunnel struction activities.
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TABLE 2—NUMBERS AND TYPES OF PILES TO BE INSTALLED AND REMOVED DURING LOA YEAR ONE FOR EACH HRBT PROJECT COMPONENT AND SEGMENT
Average Total Total Number down-the- Number Average Approximate Number of Estimated Number of Pile size/type and number number Embedment of piles hole of piles vibratory number of piles per total number days of Project component material of piles of piles length down-the- duration vibrated/ duration impact day per of hours of installation to be to be (feet) hole per pile hammered per pile strikes hammer installation and removal I installed I removed I I I(minutes) I I(minutes) I per pile I Iand removal I North Trestle (Segment 1b)
Permanent Piles ...... 54-inch Concrete 188 0 140 ...... 188 ...... 2,100 1 376 188 Cylinder Pipe. Casing ...... 60-inch Steel Pipe ... 15 0 60 15 120 ...... 3 30 5 North Shore Abut- AZ 700–19 Steel 63 63 20 ...... 126 30 ...... 10 63 13 ment. Sheet. I I I I I I I North Island (Segment 2a)
Hampton Creek Ap- Existing, 36-inch 1 1 ...... 1 50 ...... 1 2 1 proach Channel Steel Pipe. Marker. North Island Expan- AZ 700–26 Steel 176 176 40 ...... 352 30 ...... 10 176 35 sion. Sheet. I I I I I I I Willoughby Bay (Segment 3c)
Work Trestle ...... 36-inch Steel Pipe ... 212 0 100 ...... 212 50 40 2 177 106 Moorings (Safe 42-inch Steel Pipe ... 40 0 60 ...... 40 30 ...... 6 20 7 Haven). Permanent Piles ...... 24-inch Concrete 402 0 140 ...... 402 ...... 2,100 1 804 402 Square Pipe. Casing ...... 42-inch Steel Pipe ...I 240 I 240 60 I ...... I ...... 480 30 I ...... I 6 160 I 80 Willoughby Spit (Segment 3b)
Dock on Spuds, 36-inch Steel Pipe ... 8 0 100 ...... 8 50 40 3 7 3 Floating Dock. Dock on Piles, Fixed 36-inch Steel Pipe ... 44 0 100 ...... 44 50 40 3 37 15 Pier. Finger Piers on Tim- 16-inch CCA * Tim- 36 0 60 ...... 36 30 ...... 4 18 9 ber Piles. ber. I I I I I I I South Trestle (Segment 3a)
Work Trestle ...... 36-inch Steel Pipe ... 156 0 100 22 120 134 50 40 2 130 78 Temporary MOT * 36-inch Steel Pipe ... 113 0 100 11 120 102 50 40 2 85 51 Trestle. Casing ...... 42-inch Steel Pipe ... 30 0 60 ...... 30 30 ...... 6 15 5 Permanent Piles ...... 54-inch Concrete 252 0 140 ...... 252 ...... 2,100 1 504 252 Cylinder Pipe. Casing ...... 60-inch Steel Pipe ...I 65 I 0 I 60 I 65 I 120 I ...... I ...... I ...... I 3 I 130 I 22 South Island (Segment 2a)
Settlement Reduc- 24-inch Steel Pipe ... 24 0 85 ...... 24 60 40 6 24 4 tion Piles. Deep Foundation 30-inch Steel Pipe, 82 0 85 8 120 74 60 40 6 82 14 Piles. Concrete Filled. Moorings ...... 42-inch Steel Pipe ... 25 0 60 ...... 25 30 ...... 6 13 4 South Island Abut- AZ 700–19 Steel 12 0 20 ...... 12 30 ...... 10 6 2 ment. Sheet.
Total ...... 2,184 480 ...... 1,296 * CCA = Chromated Copper Arsenate; MOT = Maintenance of Traffic; TBM = Tunnel Boring Machine.
TABLE 3—NUMBERS AND TYPES OF PILES TO BE INSTALLED AND REMOVED DURING LOA YEAR TWO FOR EACH HRBT PROJECT COMPONENT AND SEGMENT
Average Total Total Number down-the- Number Average Approximate Number of Estimated Number of Pile size/type and number number Embedment of piles hole of piles vibratory number of piles per total number days of Project component material of piles of piles length down-the- duration vibrated/ duration impact day per of hours of installation to be to be (feet) hole per pile hammered per pile strikes hammer installation and removal I installed I removed I I I(minutes) I I(minutes) I per pile I Iand removal I North Trestle (Segment 1b)
North Shore Work 36-inch Steel Pipe ... 0 194 100 ...... 194 50 40 3 162 65 Trestle. Work Trestle ...... 36-inch Steel Pipe ... 182 ...... 100 12 120 170 50 40 2 152 91 Jump Trestle ...... 36-inch Steel Pipe ... 42 38 100 3 120 77 50 40 2 65 39 Permanent Piles ...... 54-inch, Concrete 102 0 140 ...... 102 ...... 2,100 1 204 102 Cylinder Pipe. I I I I I I I North Island (Segment 2a)
North Island Abut- AZ 700–19 Steel 96 0 20 ...... 96 30 ...... 10 48 10 ment. Sheet.
Willoughby Bay (Segment 3c)
Jump Trestle ...... 36-inch Steel Pipe ... 84 76 100 ...... 160 50 40 2 134 80 Work Trestle ...... 36-inch Steel Pipe ... 0 126 100 ...... 126 50 ...... 2 105 63 Permanent Piles ...... 24-inch Concrete 102 0 140 ...... 102 ...... 2,100 1 204 102 Square Pipe. I I I I I I I I I I I
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TABLE 3—NUMBERS AND TYPES OF PILES TO BE INSTALLED AND REMOVED DURING LOA YEAR TWO FOR EACH HRBT PROJECT COMPONENT AND SEGMENT—Continued
Average Total Total Number down-the- Number Average Approximate Number of Estimated Number of Pile size/type and number number Embedment of piles hole of piles vibratory number of piles per total number days of Project component material of piles of piles length down-the- duration vibrated/ duration impact day per of hours of installation to be to be (feet) hole per pile hammered per pile strikes hammer installation and removal installed removed (minutes) (minutes) per pile and removal Casing ...... 42-inch Steel Pipe ...I 60 I 60 I 60 I ...... I ...... I 120 I 30 I ...... I 6 I 60 I 20 South Trestle (Segment 3a)
Work Trestle ...... 36-inch Steel Pipe ... 100 0 100 14 120 86 50 40 2 84 50 Jump Trestle ...... 36-inch Steel Pipe ... 175 175 100 10 120 350 50 40 2 292 175 Temporary MOT * 36-inch Steel Pipe ... 105 0 100 10 120 95 50 ...... 2 80 48 Trestle. Permanent Piles ...... 54-inch Concrete 168 0 140 ...... 168 ...... 2,100 1 336 168 Cylinder Pipe. I I I I I I I South Island (Segment 2a)
Settlement Reduc- 24-inch Steel Pipe, 370 0 85 ...... 370 60 40 6 370 62 tion Piles. Steel. Deep Foundation 30-inch Steel Pipe, 425 0 85 42 120 383 60 40 6 425 71 Piles. Concrete Filled. South Island Abut- AZ 700–19 Steel 12 24 20 ...... 36 30 ...... 10 18 4 ment. Sheet. South Island Expan- AZ 700–26 Steel 378 378 70 ...... 756 30 ...... 10 189 76 sion. Sheet.
Total ...... 2,401 1,071 ...... 1,226 * CCA = Chromated Copper Arsenate; MOT = Maintenance of Traffic; TBM = Tunnel Boring Machine.
TABLE 4—NUMBERS AND TYPES OF PILES TO BE INSTALLED AND REMOVED DURING LOA YEAR THREE FOR EACH HRBT PROJECT COMPONENT AND SEGMENT
Average Total Total Number down-the- Number Average Approximate Number of Estimated Number of Pile size/type and number number Embedment of piles hole of piles vibratory number of piles per total number days of Project component material of piles of piles length down-the- duration vibrated/ duration impact day per of hours of installation to be to be (feet) hole per pile hammered per pile strikes hammer installation and removal I installed I removed I I I (minutes) I I(minutes) I per pile I Iand removal I North Trestle (Segment 1b)
Jump Trestle ...... 36-inch Steel Pipe ... 228 232 100 9 120 451 50 40 2 376 226 Permanent Piles ...... 54-inch, Concrete 187 0 140 ...... 187 ...... 2,100 1 374 187 Cylinder Pipe. North Shore Abut- AZ 700–19 Steel 62 62 20 ...... 124 30 ...... 10 62 13 ment. Sheet. I I I I I I I North Island (Segment 2a)
North Island Abut- AZ 700–19 Steel 32 128 20 ...... 160 30 ...... 10 80 16 ment. Sheet.
Willoughby Bay (Segment 3c)
Jump Trestle ...... 36-inch Steel Pipe ... 460 468 100 ...... 928 50 40 2 774 464 Work Trestle ...... 36-inch Steel Pipe ... 0 86 100 ...... 86 50 ...... 2 72 43
South Trestle (Segment 3a)
Jump Trestle ...... 36-inch Steel Pipe ... 245 245 100 14 120 476 50 40 2 397 238 Demolition Trestle ... 36-inch Steel Pipe ... 15 0 100 2 120 13 50 40 2 13 30 Work Trestle ...... 36-inch Steel Pipe ... 0 182 100 ...... 182 50 ...... 2 152 91 Temporary MOT * 36-inch Steel Pipe ... 0 110 100 ...... 110 50 ...... 2 92 55 Trestle. Permanent Piles ...... 54-inch Concrete 196 0 140 ...... 196 ...... 2,100 1 392 196 Cylinder Pipe. I I I I I I I South Island (Segment 2a)
South Island Abut- AZ 700–19 Steel 46 46 20 ...... 92 30 ...... 10 46 10 ment. Sheet. Total ...... I 1,471 I 1,559 I...... I I ...... I ...... I ...... I ...... I ...... I ...... I 1,569 * CCA = Chromated Copper Arsenate; MOT = Maintenance of Traffic; TBM = Tunnel Boring Machine.
TABLE 5—NUMBERS AND TYPES OF PILES TO BE INSTALLED AND REMOVED DURING LOA YEAR FOUR FOR EACH HRBT PROJECT COMPONENT AND SEGMENT
Average Total Total Number down-the- Number Average Approximate Number of Estimated Number of Pile size/type and number number Embedment of piles hole of piles vibratory number of piles per total number days of Project component material of piles of piles length down-the- duration vibrated/ duration impact day per of hours of installation to be to be (feet) hole per pile hammered per pile strikes hammer installation and removal I installed I removed I I I (minutes) I I(minutes) I per pile I Iand removal I North Trestle (Segment 1b)
Demolition Trestle ... 36-inch Steel Pipe ... 344 172 100 24 120 492 50 40 2 410 246 Permanent Piles ...... 54-inch, Concrete 85 0 140 ...... 85 ...... 2,100 1 170 85 Cylinder Pipe. I I I I I I I I I I I
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TABLE 5—NUMBERS AND TYPES OF PILES TO BE INSTALLED AND REMOVED DURING LOA YEAR FOUR FOR EACH HRBT PROJECT COMPONENT AND SEGMENT—Continued
Average Total Total Number down-the- Number Average Approximate Number of Estimated Number of Pile size/type and number number Embedment of piles hole of piles vibratory number of piles per total number days of Project component material of piles of piles length down-the- duration vibrated/ duration impact day per of hours of installation to be to be (feet) hole per pile hammered per pile strikes hammer installation and removal installed removed (minutes) (minutes) per pile and removal
North Shore Abut- AZ 700–19 Steel 62 62 20 ...... 124 30 ...... 10 62 13 ment. Sheet.
South Trestle (Segment 3a)
Demolition Trestle ... 36-inch Steel Pipe ... 57 72 100 10 120 119 50 40 2 99 60 Work Trestle ...... 36-inch Steel Pipe ... 0 74 100 ...... 74 50 ...... 2 62 37 Temporary MOT * 36-inch Steel Pipe ... 0 108 100 ...... 108 50 ...... 2 90 54 Trestle. Permanent Piles ...... 54-inch Concrete 194 0 140 ...... 194 ...... 2,100 1 388 194 Cylinder Pipe. I I I I I I I South Island (Segment 2a)
TBM Platform ...... 36-inch Steel Pipe ... 0 216 140 ...... 216 60 ...... 2 216 108 Conveyor Trestle ..... 36-inch Steel Pipe ... 0 84 100 ...... 84 50 ...... 3 70 42 Total ...... I 742 I 788 I...... I I ...... I ...... I ...... I ...... I ...... I ...... I 839
TABLE 6—NUMBERS AND TYPES OF PILES TO BE INSTALLED AND REMOVED DURING LOA YEAR FIVE FOR EACH HRBT PROJECT COMPONENT AND SEGMENT
Average Total Total Number down-the- Number Average Approximate Number of Estimated Pile size/type and number number Embedment of piles hole of piles vibratory number of piles per total number Number of Project component material of piles of piles length down-the- duration vibrated/ duration impact day per of hours of days of to be to be (feet) hole per pile hammered per pile strikes hammer removal removal I installed I removed I I I(minutes) I I(minutes) I per pile I I I North Trestle (Segment 1b)
Moorings ...... 42-inch Steel Pipe ... 0 36 60 ...... 36 30 ...... 6 18 6 Moorings ...... 24-inch Steel Pipe ... 0 30 60 ...... 30 30 ...... 6 15 5 Work Trestle ...... 36-inch Steel Pipe ... 0 182 100 ...... 182 50 ...... 2 152 91 Demolition Trestle ... 36-inch Steel Pipe ... I 0 I 172 100 I ...... I ...... 172 50 I ...... I 2 144 I 86 North Island (Segment 2a)
Moorings ...... 42-inch Steel Pipe ... 0 80 60 ...... 80 30 ...... 6 40 14
Willoughby Bay (Segment 3c)
Moorings ...... 42-inch Steel Pipe ... 0 50 60 ...... 50 30 ...... 6 25 9 Moorings ...... 24-inch Steel Pipe ... 0 18 60 ...... 18 30 ...... 6 9 3 Moorings (Safe 42-inch Steel Pipe ... 0 90 60 ...... 90 30 ...... 6 45 15 Haven). I I I I I I I Willoughby Spit (Segment 3b)
Dock on Spuds, 36-inch Steel Pipe ... 0 8 100 ...... 8 50 ...... 3 7 3 Floating Dock. Dock on Piles, Fixed 36-inch Steel Pipe ... 0 44 100 ...... 44 50 ...... 3 37 15 Pier. Finger Piers on Tim- 16-inch CCA *, Tim- 0 36 60 ...... 36 30 ...... 4 18 9 ber Piles. ber. I I I I I I I I I I I South Trestle (Segment 3a)
Moorings ...... 42-inch Steel Pipe ... 0 41 60 ...... 41 30 ...... 6 21 7 Moorings ...... 24-inch Steel Pipe ... 0 18 60 ...... 18 30 ...... 6 9 3
South Island (Segment 2a)
Mooring ...... 42-inch Steel Pipe ... 0 25 60 ...... 25 30 ...... 6 36 5 Total ...... I 0 I 830 I ...... I I ...... I ...... I ...... I ...... I ...... I ...... 271
TABLE 7—NUMBERS OF TEMPLATE PILES (UPTO36-INCH STEEL PIPE PILES) TO BE INSTALLED AND REMOVED USING A VIBRATORY HAMMER FOR THE HRBT PROJECT
Number Estimated Estimated Average Average of piles number of number of down-the-hole vibratory per day per Project component/location Pile size/type and material template template duration duration per component piles to be piles to be per pile template pile (install and installed removed (minutes) (minutes) removal)
North Trestle Permanent Piles ...... 54-inch Concrete Cylinder Pipe ...... 750 750 ...... 5 8 South Trestle Permanent Piles ...... 54-inch Concrete Cylinder Pipe ...... 1,080 1,080 ...... 5 8 Willoughby Bay Permanent Piles ...... 24-inch Concrete Square Pipe ...... 672 672 ...... 5 8 Willoughby Spit Fixed Pier * ...... 36-inch Steel Pipe ...... 59 59 ...... 5 16 Willoughby Spit Floating Pier * ...... 36-inch Steel Pipe ...... 11 11 ...... 5 16 South Island Deep Foundation Piles ... 30-inch Steel Pipe, Concrete Filled .... 676 676 120 5 16
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TABLE 7—NUMBERS OF TEMPLATE PILES (UPTO36-INCH STEEL PIPE PILES) TO BE INSTALLED AND REMOVED USING A VIBRATORY HAMMER FOR THE HRBT PROJECT—Continued
Number Estimated Estimated Average Average of piles number of number of down-the-hole vibratory per day per Project component/location Pile size/type and material template template duration duration per component piles to be piles to be per pile template pile (install and installed removed (minutes) (minutes) removal)
South Island Settlement Reduction 24-inch Steel Pipe ...... 526 526 ...... 5 16 Piles.
Estimated Total Template Pile Driving ...... 3,774 3,774 ...... Actions.
Total number of Temporary Template ...... 7,548 Pile Driving action. * The piles at Willoughby Spit will be temporary piles for the two temporary piers being constructed to allow barge access; however, these piles will be using a tem- plate for installation.
Mitigation, monitoring, and reporting issues occurred in some tables, likely prioritized the issue. NMFS is also measures are described in detail later in due to their size and complexity. A exploring the applicability of utilizing this document (please see Mitigation number of the Commission’s suggested animat models. and Monitoring and Reporting). corrections are, for the most part, Comment 3: The Commission differences of opinion on how available recommended that NMFS (1) refrain Comments and Responses data should be applied to our analysis from using any assumed reductions in We published a Proposed Rule in the and, in each case, we have presented the operational parameters or presumed Federal Register on January 8, 2021 (86 reasons why we disagree with specific residency time when estimating the FR 1588). During the 30-day comment recommendations. If we did agree that extents of the Level A harassment zones, period, we received a letter from the there actually was an error or that the (2) verify that a maximum of only one Marine Mammal Commission Commission’s logic is more appropriate 54-inch concrete pile can be installed at (Commission), and comments from two to implement, we have made the a given location on a given day and, if members of the general public. All recommended changes. We note many the impact hammers at North and South substantive recommendations are of the recommendations by the Trestle would be in close proximity responded to here. The comments are Commission are detail-oriented and, in (500–700 m), assume that the Level A available online at: https:// NMFS’ view, do not provide additional harassment zones would overlap and www.fisheries.noaa.gov/action/ conservation value or meaningfully two piles would be installed per day incidental-take-authorization-hampton- influence any of the analyses underlying rather than one, and (3) re-estimate the roads-bridge-tunnel-expansion-project- the necessary findings. NMFS is extents of the Level A harassment zones hampton-0. confident that our negligible impact and for all scenarios for HRCP’s activities, Comment 1: The Commission least practicable adverse impact re-estimate the numbers of Level A recommended that NMFS publish a determinations are valid, and we note harassment takes as necessary, and corrected notice in the Federal Register that the Commission did not provide revise the shut-down zones accordingly that includes, at a minimum, the dates any information to the contrary. Overall, in the preamble to and the final rule. and the correct number(s) of days there are no substantial changes or new Response: The Commission within a year the activities are expected information that would lead us to reach repeatedly asserts that NMFS’ to occur, the correct input parameters any other conclusions regarding the assumptions in evaluating potential for estimating the extents of the Level A impact to marine mammals. Any Level A harassment are ‘‘arbitrary,’’ and harassment zones, the correct proposed increase in take numbers resulted from, states that NMFS’ assumptions are made shut-down zones, and the revised NMFS increasing the number of Level A in an ‘‘effort to reduce the size of the numbers of Level A and B harassment and B harassment takes for Year 5 by Level A harassment zones.’’ NMFS takes for Year 5 and provide a 30-day assuming that construction would take disagrees. Although we acknowledge comment period from when the the full year instead of a partial year the general lack of data available to corrected notice publishes. The (312 work days instead of 181 work inform a species- and location-specific Commission further recommended that days). For these reasons, NMFS is not understanding of likely individual NMFS refrain from publishing any final republishing a notice of proposed residence time in the vicinity of a rule until the correct shut-down zones rulemaking. construction project, the approach have been made available for the public Comment 2: The Commission espoused by the Commission, in which to provide meaningful comments during recommended that NMFS should individual animals are assumed to a 30-day comment period, which the determine the appropriate timeframes remain in the construction area for Commission asserted would fulfill over which sound exposure levels extended periods of time, would be NMFS’s requirements under the should be accumulated when estimating unnecessarily precautionary in many Administrative Procedure Act. the extents of the Level A harassment cases. As is typical for marine Response: NMFS does not agree with zones. The Commission also construction areas, the affected areas the Commission and does not adopt the recommended that NMFS prioritize considered for this activity are located recommendation. NMFS disagrees that resolving this issue in the near future in urbanized and/or industrialized the information presented in association and consider incorporating animat settings, encompass generally degraded with the proposed rule was insufficient modeling into its user spreadsheet. habitat relative to other nearby available to facilitate public review and comment. Response: NMFS generally concurs habitat, and do not include areas of NMFS agrees that minor formatting with this recommendation and has particular importance for foraging or
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other important behaviors. In this incidental take authorizations; and (5) and proposed incidental harassment context, and given what should be specify when it uses source levels authorizations. considered generally to be aversive associated with different pile types or Response: NMFS concurs with the stimulus (i.e., noise from construction sizes as proxies and what the Commission’s recommendation and has activity), it is unrealistic to assume that differences are. prioritized these efforts. individual animals remain present for Response: In summary, NMFS ran Comment 6: The Commission extended periods of time. Therefore, regressions in the R programming recommended that NMFS refrain from NMFS makes reasonable assumptions to language (version 3.5.1) using the R using the 7-dB source level reduction more realistically represent the likely Commander Graphical User Interface. factor for far-field impacts (≤100 m) and potential for Level A harassment to Data were average source levels from consult with acousticians regarding the occur. recordings of single piles and available appropriate source level reduction For purposes of estimated take by covariates (e.g., water depth, pile depth, factor, if any, to use to minimize far- Level A harassment, NMFS assumed hole size, distance of sound source field effects on marine mammals. that the number of piles, and therefore measurement) where NMFS had access Response: NMFS does not agree with pile strikes, installed on a given day was to both published and unpublished DTH the Commission’s assessment on bubble 50 percent of the total that was actually monitoring data. The Generalized Linear curtain efficacy that is based on near- planned. Since the marine mammals Model routine in R Commander was and far-distance (referred as ‘‘near-field’’ proposed for authorization are highly used to assess the fit of linear and non- and ‘‘far-field’’ by the Commission). The mobile, it is unlikely that an animal linear multiple regression models of the Commission noted information would remain within an established data. Model assumptions were assessed provided in Illingworth and Rodkin Level A harassment zone during the graphically and mathematically and the (2012) suggesting that, in some cases, entire installation/removal process best fit of models that fit statistical sound level reductions in the far field involving multiple piles throughout a assumptions and retained statistically may be less (4 to 5 dB reduction given day. To provide a more realistic significant covariates was chosen approximately 120–750 m from the estimate of take by Level A harassment, mathematically. The best fit model was source). Although the measured levels NMFS assumed that an animal would used to calculate the source level for the at far-distances (i.e., >100 m) showed occur within the injury zone for 50 extrapolated hole size. The calculated less differences (e.g., 4–5 dB) from those percent of the driving time, (which for source level was then rounded to the that were measured at near source at 10 purposes of zone size calculation next highest integer decibel for use in m (e.g., 8 dB), this is likely due to equates to 50 percent of the piles and this action. The extrapolation technique propagation effects that some of the strikes planned for installation). and software packages employed by HRCP also plans to install a single 54- sediment-borne acoustic energy that was NMFS and described below are inch concrete pile at a given driving not attenuated by the bubble curtain re- commonly used and widely accepted by location per day. Since the largest emerged into the water-column at much the scientific community. estimated Level A harassment isopleth further distances. However, this is 420 m (i.e. low-frequency cetaceans) NMFS did not use SPLpeak source information should not be used to and the North and South Trestle are a levels when calculating zones as the suggest that a different noise level minimum of 500 m apart, the Level A SEL metric typically results in largest reduction needs to be used for long- harassment zones associated with each isopleths. Using peak levels in distance (Level B harassment distance) site would not overlap. situations when there are a large impact assessment. Since the applicant Given the information provided number of strikes per day will not used a conservative practical spreading above, there is no reason for NMFS to provide the largest harassment approximation of propagation loss (i.e., re-estimate the extents of the Level A isopleths. NMFS has reviewed the DTH 15 log (r)), acoustic energy that is lost harassment zones, re-estimate the data and methodologies that were due to boundary refraction and numbers of Level A harassment takes or utilized and that were used in reflection is not considered in revise the shut-down zones. developing our interim guidance and determining the impact distances, and Comment 4: The Commission determined they are the best available. this loss is in addition to the practical recommended that NMFS (1) fully In Table 11 in the notice of proposed spreading. Therefore, the small describe the regression analysis or rule, NMFS specified the pile sizes of differences at far-distances between extrapolation method (including the the proxies it used for impact and with and without bubble curtains actual source level data points, vibratory driving. Table 11 in this notice indicates that the bubble curtain is less associated references, and type of has been revised to display the different effective in attenuating additional regression) used for estimating the pile sizes that were used as proxies for acoustic energy beyond that within the SELs-s source level for DTH pile DTH installation. NMFS will include water column. installation of 60-inch piles, (2) explain this type of information as appropriate Comment 7: NMFS used the average why such a method was not used for in future ITAs. of average daily counts of seals (13.6) at SPLpeak source levels and why NMFS Comment 5: The Commission the Chesapeake Bay Bridge Tunnel believes that an SPLpeak source level recommended that NMFS (1) have its (CBBT) to estimate take for the HRBT would be the same for 30-, 36-, and 42- experts in underwater acoustics and project. The Commission recommended inch piles as 60-inch piles, and (3) bioacoustics review and finalize as soon that NMFS re-estimate the number of ensure appropriate review of the as possible, its recommended proxy Level B harassment takes of harbor seals regression analysis for the SELs-s source source levels for impact pile driving of based on the maximum daily count (45 level for 60-inch piles and justification the various pile types and sizes, (2) seals) at the CBBT haul-out sites added for the SPLpeak source level for 60-inch compile and analyze the source level to the percentage of the Eastern Shore piles before publishing any final rule, data for vibratory pile driving of the haul-out sites average of the daily and (4) ensure appropriate review of all various pile types and sizes in the near average count (18.3 seals) that occur in regression analyses, extrapolation term, and (3) ensure action proponents the Chesapeake Bay (36 percent). This methods, and proxy source levels for use consistent and appropriate proxy equates to an additional 7 seals per day DTH pile installation for all related source levels in all future rulemakings for a daily total of 52 takes.
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Response: There are no known seal temporary piles. Level A harassment three 36-inch, and three 60-inch piles haul outs in the James River and within zones associated with this type of using near-field and far-field the Core Monitoring Area which is the activity are small. Therefore, no takes by hydrophones placed mid-water column area expected to be ensonified during Level A harassment have been and (2) include in its hydroacoustic most of the pile installation and removal authorized for year 5. monitoring report all of the activities. The CBBT is over 9 nautical Comment 9: Based on the size of the aforementioned elements. The miles and the Eastern Shore is harassment zones and the fact that PSOs Commission also recommended that approximately 24 nautical miles from cannot keep track of individuals, NMFS require HRCP to increase the the HRBT. Sightings of seals at the particularly harbor seals, as they move sizes of the shut-down zones and Level HRBT are low and occur only during amongst the numerous adjacent sites, A harassment zones if the measured winter months, November through the Commission stated that an data indicate that the zones were April. The HRBT project is currently individual could be enumerated as underestimated. operating under an IHA that authorizes being taken by both Level A and Level Response: NMFS does not concur 2,184 takes by Level A and Level B B harassment in the same day at the with these recommendations. NMFS harassment combined for harbor seals. same location and/or at different sites. agrees that there would be value in The analysis for the IHA used an The Commission noted that this could conducting sound source verification on average take of 13.6 harbor seals per be an issue for other species as well. As some of the piles for which DTH day. The project began pile installation such, the Commission recommended installation data is not available. in September and no seals have been that NMFS not reduce the Level B However, HRCP has not budgeted for sighted during 5 months of construction harassment takes by the Level A the sound source verification and under the Project’s Marine Mammal harassment takes and authorize the full propagation measurements as described Monitoring and Mitigation Program. The number of Level B harassment takes for by the Commission and a requirement of estimated 14 harbor seals per day is each species. this nature would not be practicable. based on Jones et al. (2020), concurring Response: NMFS agrees that it is Note that HRCP is conducting a that activities at HRBT would not take possible that a seal or (other marine hydroacoustic monitoring study as a the maximum daily harbor seals sighted mammal) could be taken more than condition of the US Army Corps of at CBBT (45 animals). Based on current once on any given day at the same or at Engineers (USACE) and Virginia Marine sighting data and previous sighting a different activity location. However, Resources Commission (VMRC) permits, trends, 13.6 harbor seals per day is an this is likely true for most other and it is being designed in collaboration appropriate estimate which results in incidental take authorizations, with NMFS Greater Atlantic Regional 2,122 combined takes by Level A and especially those where the project Field Office staff to minimize impacts Level B harassment per year. NMFS features more than one active pile on Atlantic sturgeon. It is likely that does not concur with the Commission’s installation/removal location. It is some of the pile sizes, pile types, and recommendation. unclear how the Commission’s pile installation methods described by Comment 8: The Commission approach would reduce or eliminate the the Commission will be measured and recommended that NMFS (1) re-estimate potential for double counting of provide value. The study results and the numbers of Level A harassment animals. HRCP and NMFS are assuming preliminary data will be summarized in takes for each species and each of the that a certain number of seals (13.6) annual reports, and a final report will be first four years of activities based on the could be taken per day in the Level B made available at the end of the study. percentages of days in which the Level harassment zone. Of this number, some Comment 11: The Commission A harassment zones exceed the shut- subset may enter, and remain inside the recommended that NMFS prohibit down zones and (2) authorize the Level A harassment zone long enough to HRCP from installing or removing new revised numbers of Level A harassment experience Level A harassment. The piles after daylight hours in section takes in addition to the unreduced Level Commission referred to previous IHAs 217.24 of the final rule and in any LOA B harassment takes as estimated by the where NMFS assumed that there would issued under the final rule. various take estimation methods in the be a given number of Level B Response: NMFS does not fully final rule. harassment takes per day that were concur with the Commission’s Response: The Commission has added to a given number of takes by recommendation. While HRCP has no recommended one reasonable approach Level A harassment which are not a intention of conducting pile driving for estimating takes by Level A subset of the Level B harassment takes. activities at night, it is unnecessary to harassment. Given that there are no Either approach is acceptable as long as preclude such activity should the need standard protocols for take estimation, it an accompanying explanation is arise (e.g., on an emergency basis or to may reasonably be calculated through provided. Therefore, NMFS does not complete driving of a pile begun during other means. NMFS has provided agree with the Commission’s daylight hours, should the construction justification for the numbers of take by recommendation and does not adopt it. operator deem it necessary to do so). We Level A harassment authorized for each Comment 10: The Commission disagree with the statement that a species in the Estimated Take section recommended that NMFS require HRCP prohibition on pile driving activity and refers the reader there. to (1) conduct sound source and sound outside of daylight hours would help to In response to the Commission’s propagation measurements of (a) impact ensure that HRCP is effecting the least informal comment regarding the lack of installation of at least three 24-inch and practicable adverse impact on the certainty of construction plans in Year three 54-inch concrete piles and three affected species, and the Commission 5 which was submitted in response to 36-inch piles with and three 36-inch does not justify this assertion. the Notice of Receipt of HRCP’s piles without a bubble curtain, (b) Comment 12: The Commission application (85 FR 63256; October 7, vibratory installation using multiple recommended that NMFS revise section 2020), takes for all species were revised hammers over multiple days of 217.25(f)(9) in the final rule to require and are shown in Table 31. It was activities when three or more hammers HRCP to report the number of assumed that there would be a full year are used in the Core Monitoring Area, individuals of each species detected of in-water work (312 days). However, (c) jetting of at least 3 42-inch piles, and within the Level A and B harassment the work would consist of removal of (4) DTH pile installation of six 30-inch, zones, and estimates of the number of
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marine mammals taken by Level A and that were not visible—may be used to Changes From Proposed to Final B harassment, by species. glean an approximate understanding of Regulations Response: We do not fully concur whether HRCP may have exceeded the NMFS increased take for all species with the Commission’s recommendation amount of take authorized. Although the by assuming that pile driving activities and do not adopt it as stated. NMFS Commission does not explain its would take place for a full year (312 agrees with the recommendation to reasoning for offering these work days per year) during year 5 require HRCP to report the number of recommendations, NMFS’ recognizes instead of a partial year (181 work days individuals of each species detected the basic need to understand whether an per year) as was assumed for the within the Level A and Level B LOA-holder may have exceeded its proposed rule (86 FR 1588; January 8, harassment zones and NMFS has authorized take. The need to accomplish 2021) which resulted in increased take already included this requirement in the this basic function of reporting does not numbers for all species. Consequently proposed regulations, and has included require that NMFS require applicants to Table 24, Table 26, Table 29, Table 30 it in the final regulations (§ 217.25(f)(9)) use methods we do not have confidence and Table 31 in this notice have been and the final authorization (6(c)(viii)). in to generate estimates of ‘‘total take’’ revised to reflect this change. The work NMFS does not agree with the that cannot be considered reliable. recommendation to require HRCP to Comment 14: The Commission in Year 5 is anticipated to consist of report estimates of the numbers of recommended that NMFS reinforce that removal of temporary piles, and Level A marine mammals taken by Level A and HRCP must keep a running tally of the harassment zones associated with this Level B harassment. The Commission total Level A and B harassment takes, type of activity are small; therefore, no does not explain why it believes this both observed and extrapolated, for each takes by Level A harassment are requirement is necessary, nor does it species consistent with section anticipated or have been authorized for provide recommendations for methods 217.24(a)(10) of the final rule. Year 5, and this is reflected in the of generating such estimates in a Response: The LOA indicates the revised take estimates in those revised manner that would lead to credible number of takes authorized for each tables. Note that table numbers remain results. NMFS does not agree that the species. We agree that HRCP must unchanged from the proposed rule (86 basic method described in footnote 22 of ensure they do not exceed authorized FR 1588; January 8, 2021). Table 3, the Commission’s 19 November 2020 takes, but do not concur with the Table 14, Table 15, Table 32 and Table letter should be expected to yield Commission’s repeated 33 have been revised to correct estimates of total take such that readers recommendations regarding the need for formatting errors found in the proposed of HRCP’s report should have NMFS to oversee incidental take rule (86 FR 1588; January 8, 2021). In confidence that the estimates are authorization (ITA)-holders’ compliance Table 33, shutdown zones were rounded reasonable representations of what may with issued ITAs, including the use of up to the nearest 5-m increment instead have actually occurred. a ‘‘running tally’’ of takes. Regardless of of the nearest 10-m increment for Comment 13: The Commission the Commission’s substitution of the consistency. NMFS has revised Table 11 recommended that, for the final rule, word ‘‘reinforce’’ for the word ‘‘ensure,’’ to display the SL sources as well as pile NMFS include requirements in section as compared with its prior sizes that were used for DTH 217.25(f) that HRCP include in its recommendations for other actions, installation. NMFS has included a monitoring report (1) the estimated compliance with the terms of an issued requirement that HRCP should report percentages of the Level A and B LOA remains the responsibility of the the estimated percentage(s) of the Level harassment zones that were not visible LOA-holder. A and Level B harassment zones that and the estimated percentage of Comment 15: A private citizen were not visible. This may be found in activities that occurred during nighttime expressed concern that the planned the § 217.25(f)(3) of the regulations. hours, (2) an extrapolation of the project would require HRCP or NMFS to NMFS received an informal comment estimated takes by Level A and B physically move marine animals away from the Commission indicating that the harassment based on the number of from their natural habitat near the HRCP should use 5 PSOs with one observed exposures within the Level A project site to some other location in the stationed at the CBBT when multiple and B harassment zones and the Chesapeake Bay. Another private citizen hammers are used. NMFS agreed with percentages of the Level A and B noted that while transportation and this recommendation. However, after harassment zones that were not visible relocation of marine mammals may careful consideration it was concluded or percentage of activities that occurred result in Level A and Level B that placing a PSO on the CBBT could during nighttime hours (i.e., harassment of marine mammals, present safety hazard. Therefore, this extrapolated takes), and (3) the total animals would be spared exposure to measure will not be required. number of Level A and B harassment construction activities that could result Description of Marine Mammals in the takes based on both the observed and in extreme injury and death. Area of Specified Activities extrapolated takes for each species. Response: There will be no capture Response: We do not fully concur and relocation of marine mammals away Sections 3 and 4 of the application with the Commission’s recommendation from the project site by NMFS, HRCP, summarize available information and do not adopt it as stated. NMFS or any other entity. Marine mammals regarding status and trends, distribution does agree that HRCP should report the are free to move away from or remain and habitat preferences, and behavior estimated percentage(s) of the Level A in close proximity to the project area. and life history, of the potentially and Level B harassment zones that were Neither NMFS nor HRCP will engage in affected species. Additional information not visible, and has included this any activities specifically directed to regarding population trends and threats requirement in the final regulations attract or deter marine mammals. Seals may be found in NMFS’ Stock (§ 217.25(f)(3)) and the final that move away from the project area Assessment Reports (SAR); https:// authorization (6(c)(iv)). These pieces of will find suitable natural habitat across www.fisheries.noaa.gov/national/ information—numbers of individuals of much of the lower Chesapeake Bay. marine-mammal-protection/marine- each species detected within the Numerous seal haul-outs are located in mammal-stock-assessment-reports- harassment zones and the estimated the lower Bay which are used by seals region and more general information percentage(s) of the harassment zones primarily during the winter. about these species (e.g., physical and
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behavioral descriptions) may be found that stock to reach or maintain its represent the total estimate of on NMFS’ website (https:// optimum sustainable population (as individuals within the geographic area, www.fisheries.noaa.gov/find-species). described in NMFS’ SARs). While no if known, that comprises that stock. For Table 8 lists all species with expected mortality is anticipated or authorized some species, this geographic area may potential for occurrence in the project here, PBR and annual serious injury and extend beyond U.S. waters. All managed area and summarizes information mortality from anthropogenic sources stocks in this region are assessed in related to the population or stock, are included here as gross indicators of NMFS’s U.S. Atlantic and Gulf of including regulatory status under the the status of the species and other Mexico SARs (e.g., Hayes et al., 2020). MMPA and ESA and potential threats. All values presented in Table 8 are the biological removal (PBR), where known. Marine mammal abundance estimates most recent available at the time of For taxonomy, we follow Committee on presented in this document represent publication and are available in the Taxonomy (2020). PBR is defined by the the total number of individuals that 2019 SARs (Hayes et al., 2020) and draft MMPA as the maximum number of make up a given stock or the total 2020 SARS available at: https:// animals, not including natural number estimated within a particular www.fisheries.noaa.gov/national/ mortalities, that may be removed from a study or survey area. NMFS’s stock marine-mammal-protection/marine- marine mammal stock while allowing abundance estimates for most species mammal-stock-assessment-reports. TABLE 8—MARINE MAMMAL SPECIES LIKELY TO OCCUR NEAR THE PROJECT AREA
ESA/ MMPA Stock abundance Annual Common name Scientific name Stock status; (CV, N , most recent PBR min M/SI 3 strategic abundance survey) 2 I (Y/N) 1 I I I Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)
Family Balaenopteridae (rorquals): Humpback whale ...... Megaptera novaeangliae Gulf of Maine ...... -,-; N 1,396 (0; 1,380; see SAR) ...... 22 58
Superfamily Odontoceti (toothed whales, dolphins, and porpoises):
Family Delphinidae: Bottlenose dolphin ...... Tursiops truncatus ...... Western North Atlantic (WNA) -,-; Y 6,639 (0.41; 4,759; 2011) ...... 48 12.2–21.5 Coastal, Northern Migratory. WNA Coastal, Southern Migra- -,-; Y 3,751 (0.06; 2,353; 2011) ...... 23 18.3 tory. Northern North Carolina Estua- -,-; Y 823 (0.06; 782; 2017) ...... 7.8 7–29.8 rine System (NNCES). Family Phocoenidae (por- poises): Harbor porpoise ...... Phocoena phocoena ...... Gulf of Maine/Bay of Fundy ...... -, -; N 95,543 (0.31; 74,034; see SAR) 851 217
Order Carnivora—Superfamily Pinnipedia
Family Phocidae (earless seals): Harbor seal ...... Phoca vitulina ...... WNA ...... -; N 75,834 (0.15; 66,884, see SAR) 2,006 350 Gray seal 4 ...... Halichoerus grypus ...... WNA ...... -; N 27,131 (0.19, 23,158, see SAR) 1,359 5,410 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment- reports-region. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. 3 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fish- eries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases. 4 The NMFS stock abundance estimate applies to U.S. population only, however the actual stock abundance is approximately 451,431.
As indicated above, all five species changes in the status of these species to sound, it is necessary to understand (with seven managed stocks) in Table 8 and stocks; therefore, detailed the frequency ranges marine mammals temporally and spatially co-occur with descriptions are not provided here. are able to hear. Current data indicate the activity to the degree that take is Please refer to the proposed rule for that not all marine mammal species reasonably likely to occur, and we are these descriptions (86 FR 1588; January have equal hearing capabilities (e.g., authorizing take. 8, 2021). Please also refer to NMFS’ Richardson et al., 1995; Wartzok and A detailed description of the species website (https:// Ketten, 1999; Au and Hastings, 2008). likely to be affected by HRCP’s project, www.fisheries.noaa.gov/find-species) for To reflect this, Southall et al. (2007) including brief introductions to the generalized species accounts. recommended that marine mammals be species and relevant stocks as well as divided into functional hearing groups Marine Mammal Hearing available information regarding based on directly measured or estimated population trends and threats, and Hearing is the most important sensory hearing ranges on the basis of available information regarding local occurrence, modality for marine mammals behavioral response data, audiograms were provided in the proposed rule (86 underwater, and exposure to derived using auditory evoked potential FR 1588; January 8, 2021); since that anthropogenic sound can have techniques, anatomical modeling, and time, other than minor stock assessment deleterious effects. To appropriately other data. Note that no direct changes, we are not aware of any assess the potential effects of exposure measurements of hearing ability have
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been successfully completed for based on the approximately 65 decibel implausible and the lower bound from mysticetes (i.e., low-frequency (dB) threshold from the normalized Southall et al. (2007) retained. Marine cetaceans). Subsequently, NMFS (2018) composite audiograms, with the mammal hearing groups and their described generalized hearing ranges for exception for lower limits for low- associated hearing ranges are provided these marine mammal hearing groups. frequency cetaceans where the lower in Table 9. Generalized hearing ranges were chosen bound was deemed to be biologically
TABLE 9—MARINE MAMMAL HEARING GROUPS (NMFS, 2018)
Generalized hearing Hearing group range *
Low-frequency (LF) cetaceans (baleen whales) ...... 7 Hz to 35 kHz. Mid-frequency (MF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales) ...... 150 Hz to 160 kHz. High-frequency (HF) cetaceans (true porpoises, Kogia, river dolphins, cephalorhynchid, Lagenorhynchus cruciger & L. 275 Hz to 160 kHz. australis). Phocid pinnipeds (PW) (underwater) (true seals) ...... 50 Hz to 86 kHz. Otariid pinnipeds (OW) (underwater) (sea lions and fur seals) ...... 60 Hz to 39 kHz. * Represents the generalized hearing range for the entire group as a composite (i.e., all species within the group), where individual species’ hearing ranges are typically not as broad. Generalized hearing range chosen based on ∼65 dB threshold from normalized composite audiogram, with the exception for lower limits for LF cetaceans (Southall et al. 2007) and PW pinniped (approximation).
The pinniped functional hearing that are expected to be taken by this to result, primarily for low- and high- group was modified from Southall et al. activity. The Negligible Impact Analysis frequency species and phocids because (2007) on the basis of data indicating and Determination section considers the predicted auditory injury zones are that phocid species have consistently content of this section, the Estimated larger than for mid-frequency species. demonstrated an extended frequency Take section, and the Mitigation Auditory injury is unlikely to occur for range of hearing compared to otariids, Measures section, to draw conclusions mid-frequency species. The required especially in the higher frequency range regarding the likely impacts of these mitigation and monitoring measures are (Hemila¨ et al., 2006; Kastelein et al., activities on the reproductive success or expected to minimize the severity of 2009; Reichmuth and Holt, 2013). survivorship of individuals and how such taking to the extent practicable. For more detail concerning these those impacts on individuals are likely As described previously, no serious groups and associated frequency ranges, to impact marine mammal species or injury or mortality is anticipated or please see NMFS (2018) for a review of stocks. We also provided additional authorized for this activity. Below we available information. Five marine description of sound sources in our describe how the take is estimated. mammal species (three cetacean and proposed rule (86 FR 1588; January 8, Generally speaking, we estimate take two phocid pinniped species) have the 2021). by considering: (1) Acoustic thresholds reasonable potential to co-occur with above which marine mammals will be the planned construction activities. Estimated Take behaviorally disturbed or incur some Please refer to Table 8. Of the cetacean This section provides an estimate of degree of permanent hearing species that may be present, one is the number of incidental takes impairment; (2) the area or volume of classified as a low-frequency cetacean authorized by NMFS through the LOA, water that will be ensonified above (i.e., humpback whale) one is classified which will inform both NMFS’ these levels in a day; (3) the density or as a mid-frequency cetacean (i.e., consideration of small numbers and the occurrence of marine mammals within bottlenose dolphin), and one is negligible impact determination. these ensonified areas; and, (4) and the classified as a high-frequency cetacean Harassment is the only type of take number of days of activities. We note (i.e., harbor porpoise). expected to result from these activities. that while these basic factors can Except with respect to certain activities contribute to a basic calculation to Potential Effects of Specified Activities not pertinent here, section 3(18) of the provide an initial prediction of takes, on Marine Mammals and Their Habitat MMPA defines harassment as: Any act additional information that can The effects of underwater noise from of pursuit, torment, or annoyance which qualitatively inform take estimates is HRCP’s activities have the potential to (i) has the potential to injure a marine also sometimes available (e.g., previous result in harassment of marine mammal or marine mammal stock in the monitoring results or average group mammals in the vicinity of the survey wild (Level A harassment); or (ii) has size). Below, we describe the factors area. The proposed rule (86 FR 1588; the potential to disturb a marine considered here in more detail and January 8, 2021) included a discussion mammal or marine mammal stock in the present the take estimate. of the effects of anthropogenic noise on wild by causing disruption of behavioral marine mammals and the potential patterns, including, but not limited to, Acoustic Thresholds effects of underwater noise from HRCP’s migration, breathing, nursing, breeding, NMFS recommends the use of construction activities on marine feeding, or sheltering (Level B acoustic thresholds that identify the mammals and their habitat. That harassment). received level of underwater sound information and analysis is incorporated Authorized takes would primarily be above which exposed marine mammals by reference into this final rule and is by Level B harassment, as noise would be reasonably expected to not repeated here; please refer to the generated from in-water pile driving experience behavioral disturbance proposed rule (86 FR 1588; January 8, (vibratory and impact) has the potential (equated to Level B harassment) or to 2021). to result in disruption of behavioral incur PTS of some degree (equated to The Estimated Take section in this patterns for individual marine Level A harassment). document includes a quantitative mammals. There is also some potential Level B Harassment for non-explosive analysis of the number of individuals for auditory injury (Level A harassment) sources—Though significantly driven by
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received level, the onset of behavioral noise above received levels of 120 dB re (Technical Guidance, 2018) identifies disturbance from anthropogenic noise 1 mPa (rms) for continuous (e.g., dual criteria to assess auditory injury exposure is also informed to varying vibratory pile-driving, drilling) and (Level A harassment) to five different degrees by other factors related to the above 160 dB re 1 mPa (rms) for non- marine mammal groups (based on source (e.g., frequency, predictability, explosive impulsive (e.g., seismic hearing sensitivity) as a result of duty cycle), the environment (e.g., airguns) or intermittent (e.g., scientific exposure to noise from two different bathymetry), and the receiving animals sonar) sources. types of sources (impulsive or non- (hearing, motivation, experience, HRCP’s planned activity includes the impulsive). As noted previously, demography, behavioral context) and use of continuous (vibratory pile HRCP’s planned activity includes the driving, DTH pile installation) and can be difficult to predict (Southall et use of impulsive (impact pile driving, impulsive (impact pile driving, DTH al., 2007, Ellison et al., 2012). Based on DTH pile installation) and non- pile installation), sources, and therefore what the available science indicates and impulsive (vibratory pile driving/ the 120 and 160 dB re 1 mPa (rms) removal, DTH pile installation) sources. the practical need to use a threshold criteria are applicable. Note that the 120 based on a factor that is both predictable dB criterion is used for DTH pile These thresholds are provided in the and measurable for most activities, installation, as the continuous noise Table 10 below. The references, NMFS uses a generalized acoustic produced through the activity will analysis, and methodology used in the threshold based on received level to produce the largest harassment development of the thresholds are estimate the onset of Level B isopleths. described in NMFS 2018 Technical harassment. NMFS predicts that marine Level A harassment for non-explosive Guidance, which may be accessed at: mammals are likely to experience sources—NMFS’ Technical Guidance https://www.fisheries.noaa.gov/ behavioral disturbance in a manner we for Assessing the Effects of national/marine-mammal-protection/ consider Level B harassment when Anthropogenic Sound on Marine marine-mammal-acoustic-technical- exposed to underwater anthropogenic Mammal Hearing (Version 2.0) guidance.
TABLE 10—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT
PTS onset acoustic thresholds * Hearing group (received level) Impulsive Non-impulsive
Low-Frequency (LF) Cetaceans ...... Cell 1: Lpk,flat: 219 dB; LE,LF,24h: 183 dB ...... Cell 2: LE,LF,24h: 199 dB. Mid-Frequency (MF) Cetaceans ...... Cell 3: Lpk,flat: 230 dB; LE,MF,24h: 185 dB ...... Cell 4: LE,MF,24h: 198 dB. High-Frequency (HF) Cetaceans ...... Cell 5: Lpk,flat: 202 dB; LE,HF,24h: 155 dB ...... Cell 6: LE,HF,24h: 173 dB. Phocid Pinnipeds (PW) (Underwater) ...... Cell 7: Lpk,flat: 218 dB; LE,PW,24h: 185 dB ...... Cell 8: LE,PW,24h: 201 dB. Otariid Pinnipeds (OW) (Underwater) ...... Cell 9: Lpk,flat: 232 dB; LE,OW,24h: 203 dB ...... Cell 10: LE,OW,24h: 219 dB. * Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impul- sive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should also be considered. 2 Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa s. In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.
Ensonified Area elsewhere in Virginia, or outside of a 0.035-second window compared to a Virginia (California, Florida, 1-second window can be considered Here, we describe operational and Washington, Alaska) (Table 11). It is impulsive. Therefore, DTH pile environmental parameters of the activity assumed that jetting will be quieter than installation is treated as both an that will feed into identifying the area vibratory installation of the same pile impulsive and non-impulsive noise ensonified above the acoustic size, but data for this activity are source. In order to evaluate Level A thresholds, which include source levels limited; therefore, SSLs for vibratory harassment, DTH pile installation and transmission loss coefficient. installation have been applied to jetting. activities are evaluated according to the The sound field in the project area is DTH pile installation includes drilling impulsive criteria. Level B harassment the existing background noise plus (non-impulsive sound) and hammering isopleths are determined by applying additional construction noise from the (impulsive sound) to penetrate rocky non-impulsive criteria and using the project. Marine mammals are expected substrates (Denes et al. 2016; Denes et 120 dB threshold which is also used for to be affected via sound generated by al. 2019; Reyff and Heyvaert 2019). DTH vibratory driving. This approach the primary components of the project pile installation was initially thought be ensures that the largest ranges to effect (i.e., vibratory pile driving, vibratory a primarily non-impulsive noise source. for both Level A and Level B harassment pile removal, impact pile driving, However, Denes et al. (2019) concluded are accounted for in the take estimation jetting, and DTH pile installation). from a study conducted in Virginia, process. Sound source levels (SSLs) for each nearby the location for this project, that The source level employed to derive method of installation and removal were DTH should be characterized as Level B harassment isopleths for DTH estimated using empirical impulsive based on Southall et al. pile installation of all pile sizes was measurements from similar projects in (2007), who stated that signals with a >3 derived from the Denes et al. (2016) Norfolk and Little Creek (Craney Island), dB difference in sound pressure level in study at Kodiak, Alaska. The median
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source value for drilling was reported to higher for given metric) Reyff and some driving scenarios bubble curtains be 166 dB RMS. Heyvaert (2019), Denes et al. (2019), and will be used to reduce sound source The source level employed to derive Reyff (2020). For pile/holes 60-inch in levels by 7 dB from the values recorded Level A harassment isopleths for DTH diameter, values were provided by Reyff by Denes et al. (2019) at the nearby pile installation of piles/holes above 24- (Reyff personal communication) and are Chesapeake Bay Bridge Tunnel. These inch up to 42-inch in diameter came shown in Table 11. Note that during are also noted in Table 11. from a combination of (whichever
TABLE 11—SUMMARY OF PROJECT SOUND SOURCE LEVELS (a 10 m)
Sound source level at 10 meters Method and pile type dB Literature source rms
Vibratory Hammer: 42-inch steel pile ...... 168 Austin et al. 2016. 36-inch steel pile ...... 167 DoN 2015. 30-inch steel pile, concrete filled ...... 167 DoN 2015. 24-inch steel pile ...... 161 DoN 2015. 16-inch CCA timber pile * ...... 162 Caltrans 2015. AZ 700–19 steel sheet pile ...... 160 Caltrans 2015. AZ 700–26 steel sheet pile ...... 160 Caltrans 2015. Jetting: 42-inch steel pile ...... 161 Austin et al. 2016 Sound source level at 10 meters Method and pile type dB dB dB Literature source rms SEL peak
DTH Pile Installation: 30-inch and 36-inch steel pipe piles ...... 1 166 2 164 3 196 Denes et al. 2016, 2019; Reyff and Heyvaert 2019; Reyff 2020. 60-inch steel pipe pile ...... 1 166 175 196 Denes et al. 2016; Reyff pers. comm. Impact Hammer: 36-inch steel pile ...... 193 183 210 Caltrans 2015; Chesapeake Tunnel Joint Venture 2018. 36-inch steel pile, attenuated** ...... 186 176 203 Caltrans 2015; Chesapeake Tunnel Joint Venture 2018 ∂. 30-inch steel pile, concrete filled ...... 195 186 216 DoN 2015. 30-inch steel pile, concrete filled, attenuated ** ... 188 179 209 DoN 2015. 24-inch steel pile ...... 190 177 203 Caltrans 2015. 24-inch steel pile, attenuated ** ...... 183 170 196 Caltrans 2015. 54-inch concrete cylinder pile *** ...... 187 177 193 MacGillivray et al. 2007. 24-inch concrete square pile ...... 176 166 188 Caltrans 2015. Note: It is assumed that noise levels during pile installation and removal are similar. dB = decibel: SEL = sound exposure level; dB peak = peak sound level; rms = root mean square; DoN = Department of the Navy; CCA = Chromated Copper Arsenate, Caltrans = California Depart- ment of Transportation. * SSL taken from 12-inch timber piles in Norfolk, Virginia. ** SSLs are a 7 dB reduction from Chesapeake Tunnel Joint Venture 2018 values due to usage of a bubble curtain. *** SSLs taken from 36-inch concrete square piles, no project specific information provided. ∂ The primary literature source for 36-inch steel pipe attenuated piles is Caltrans 2015; however, the Chesapeake Tunnel Joint Venture 2018 is also cited due to the proximity of the project to the HRBT Project. 1 SSL for Level B harassment based on DTH-installation of 24-inch steel pile (Denes et al. 2016). 2 SSL for Level A harassment based on DTH-installation of 42-inch steel piles (Reyff and Heyvaert 2019). 3 SSL for Level A harassment based on DTH-installation of 42-inch steel piles (Reyff 2020).
Simultaneous use of hammers could continuous sound sources (vibratory hammer will be used within a day at result in increased SPLs and harassment hammer and Level B harassment zones more than one location; therefore, only zone sizes given the proximity of the for drilling with a DTH hammer) (See one DTH hammer was included in the component driving sites and the rules of Table 12). It is unlikely that the two multiple hammer calculations for Level decibel addition. Impact pile impact hammers would strike at the B harassment zones. installation is projected to take place same instant, and therefore, the SPLs When two continuous noise sources, concurrently at 3 to 4 locations and will not be adjusted regardless of the such as vibratory hammers, have there is the potential for as many as 7 distance between impact hammers. In overlapping sound fields, there is potential for higher sound levels than pile installation locations operating this case, each impact hammer will be for non-overlapping sources. The concurrently. NMFS (2018b) handles considered to have its own independent method described below was used by overlapping sound fields created by the Level A and Level B harassment zones Washington State Department of use of more than one hammer and drilling with a DTH hammer will be Transportation (WSDOT) and has been differently for impulsive (impact considered to have its own independent used by NMFS (WSDOT 2020). hammer and Level A harassment zones Level A harassment zones. It will be When two or more vibratory hammers for drilling with a DTH hammer) and unlikely that more than one DTH are used simultaneously, and the
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isopleth of one sound source hammers, the difference between the difference is between 4 to 9 dB, 1 dB is encompasses the sound source of two SSLs is calculated, and if that added to the highest SSL; and with another isopleth, the sources are difference is between 0 and 1 dB, 3 dB differences of 10 or more decibels, there considered additive and combined are added to the higher SSL; if is no addition. using the following rules (Table 12) for difference is between 2 or 3 dB, 2 dB are addition of two simultaneous vibratory added to the highest SSL; if the
TABLE 12—RULES FOR COMBINING SOUND LEVELS GENERATED DURING PILE INSTALLATION
Hammer types Difference in SSL Level A harassment zones Level B harassment zones
Vibratory, Impact ...... Any ...... Use impact zones ...... Use vibratory zone. Impact, Impact ...... Any ...... Use zones for each pile size and Use zone for each pile size. number of strikes. Vibratory, Vibratory ...... 0 or 1 dB ...... Add 3 dB to the higher source level ... Add 3 dB to the higher source level. 2 or 3 dB ...... Add 2 dB to the higher source level ... Add 2 dB to the higher source level. 4 to 9 dB ...... Add 1 dB to the higher source level ... Add 1 dB to the higher source level. 10 dB or more ...... Add 0 dB to the higher source level ... Add 0 dB to the higher source level.
When three or more continuous the lower two is combined with the modified from WSDOT in their sound sources are used concurrently, highest of the three Biological Assessment manual and such as vibratory hammers, the three It is common for pile installation to described in Table 13, decibel addition overlapping sources with the highest start and stop multiple times as each calculations were carried out for SSLs are identified. Of the three highest pile is adjusted and its progress is possible combinations of vibratory SSLs, the lower two are combined using measured and documented. For short installations of 24-, 30-, 36-, and 42-inch the above rules, then the combination of durations, it is anticipated that multiple steel pipe piles throughout the Project hammers could be in use area. simultaneously. Following an approach
TABLE 13—POSSIBLE VIBRATORY PILE COMBINATIONS
Method 24 24+24 30/36 42 30/36+24 24+42 30/36+30/36 42+30/36 42+42 Pile diameter SSL (inches) (dB) 161 164 167 168 168 169 170 171 171
Vibratory: 24 ...... 161 164 166 168 169 169 169 171 171 172 DTH ...... 166 167 168 170 170 170 171 172 172 172 30/36 ...... 167 168 169 170 171 171 171 172 172 172 42 ...... 168 169 169 171 171 171 172 172 172 173
These source levels are used to when more sophisticated 3D modeling For purposes of estimated take by compute the Level A harassment zones methods are not available, and NMFS Level A harassment, NMFS assumed and to estimate the Level B harassment continues to develop ways to that the strike rate for impact pile zones. quantitatively refine these tools, and installation was 50 percent of the will qualitatively address the output estimated number of strikes displayed Level A Harassment Zones where appropriate. For stationary in Table 14 and 15. Similarly, for When the NMFS’ Technical Guidance sources such as in-water pile driving vibratory driving NMFS assumed that (2016) was published, in recognition of activities during the HRBT project, the driving time for each pile was 50 the fact that ensonified area/volume NMFS User Spreadsheet predicts the percent of the estimated total. For the could be more technically challenging closest distance at which, if a marine DTH hammer calculations, Reyff and to predict because of the duration mammal remained at that distance the Heyvaert 2019 identified a strike rate of component in the new thresholds, we whole duration of the activity, it would 10 Hz. This was also reduced by 50 developed a User Spreadsheet that incur PTS. percent to 5 Hz which to achieve the includes tools to help predict a simple Inputs used in the User Spreadsheet same 50 percent Level A harassment isopleth that can be used in conjunction (Table 14 and Table 15) and the reduction as was done for impact and with marine mammal density or resulting isopleths are reported below vibratory driving. Strikes per Pile values occurrence to help predict takes. We (Table 14). Level A harassment were not altered when calculating Level note that because of some of the thresholds for impulsive sound sources A harassment zones for DTH pile assumptions included in the methods (impact pile driving, DTH pile installation. used for these tools, we anticipate that installation) are defined for both Since the marine mammals isopleths produced are typically going SELcum and Peak SPL, with the authorized for take are highly mobile, it to be overestimates of some degree, threshold that results in the largest is unlikely that an animal would remain which may result in some degree of modeled isopleth for each marine within an established Level A overestimate of Level A harassment mammal hearing group used to establish harassment zone for the entire duration take. However, these tools offer the best the effective Level A harassment or number of strikes associated with way to predict appropriate isopleths isopleth. installation or removal of a specified
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number of piles throughout a given day. removal methods as shown in Tables 14 Steel, and 36-inch steel due to use of This was done to provide more realistic and 15. Additionally, note that under bubble curtains as shown in Table 14. take estimates by Level A harassment. some driving scenarios a 7 dB The calculated Level A isopleths for NMFS applied this reduction across all attenuation was applied to impact different size pile and driving types are pile sizes, types, and installation/ installation of 24-inch steel, 30-inch shown in Tables 16–18. TABLE 14—USER SPREADSHEET INPUT PARAMETERS USED FOR CALCULATING LEVEL A HARASSMENT ISOPLETHS FOR VIBRATORY AND IMPACT HAMMERS *
Model parameter Steel 16-inch 24-inch steel 24-inch 30-inch steel, concrete 36-inch steel 42-inch steel 54-inch sheet timber concrete filled concrete Vib Imp Imp- Imp- Vib Vib Vib Vib Imp Imp- Vib Jetting Vib Vib bubble Imp Vib Imp bubble bubble Imp
Spreadsheet Tab...... A.1 A.1 A.1 E.1 E.1 E.1 A.1 E.1 E.1 A.1 A.1 A.1 A.1 E.1 E.1 A.1 A.1 E.1 Weighting Factor Adjust- ment (kHz)...... 2.5 2.5 2.5 2 2 2 2.5 2 2 2.5 2.5 2.5 2.5 2 2 2.5 2.5 2 Sound Pressure Level (SPLrms) ...... 160 162 161 190 183 176 167 195 188 167 167 167 167 193 186 168 161 187 SELss (LE, p, single strike) at 10 meters...... 177 170 166 ...... 186 179 ...... 183 176 ...... 177
Lp, 0-pk at 10 meters ...... 203 196 188 ...... 216 209 ...... 210 203 ...... 193 Number of piles within 24- hour period...... 10 4 6 6 6 1 6 6 6 1 8 & 2 & 3 2 2 & 3 2 6 1 1 16 Estimated Duration to drive a single pile (min) 30 30 30/60 ...... 60 ...... 50 5 50 60 ...... 30 30 ...... 50% of Duration to drive a single pile (min) ...... 15 15 15/30 ...... 30 ...... 25 2.5 25 30 ...... 15 15 ...... Transmission loss coeffi- cient ...... 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 Distance from sound pres- sure level (SPLrms) measurement (m)...... 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 Estimated Strikes per pile ...... 40 40 2,100 ...... 40 40 ...... 40 40 ...... 2,100 50% of Strikes per pile ...... 20 20 1,050 ...... 20 20 ...... 20 20 ...... 1,050 * To provide a more realistic estimate of take by Level A harassment, NMFS assumes that an animal would occur within the vicinity of the construction activity for 50 percent of the pile instal- lation and removal time. HRCP has implemented this reduction across all pile sizes, types, and installation and removal methods. For purposes of vibratory installation, the duration of installation was reduced by half to accomplish the reduction. For impact installation, the number of strikes per pile was reduced by half to accomplish the reduction.
TABLE 15—USER SPREADSHEET INPUT PARAMETERS USED FOR CALCULATING LEVEL A HARASSMENT ISOPLETHS FOR DRILLING WITH A DTH HAMMER *
30-inch steel, 36-inch steel 60-inch steel Model parameter concrete filled DTH DTH DTH
Spreadsheet Tab ...... E.2 E.2 E.2 Weighting Factor Adjustment (kilohertz) ...... 2 2 2 SELss (LE, p, single strike) at 10 meters ...... 164 164 175 Lp, 0-pk at 10 meters ...... 196 196 196 Number of piles per day ...... 6 2 3 Duration to drive a pile (minutes) ...... 120 120 120 Transmission loss coefficient ...... 15 15 15 Distance from source (meters) ...... 10 10 10 Estimated Number of Strikes per 24-hour period ...... 432,000 144,000 216,000 50% of Strikes per 24-hour period ...... 216,000 72,000 108,000 Strike rate (Hz) average strikes per second ...... 10 10 10 50% of Strike rate (Hz) average strikes per second ...... 5 5 5 * To provide a more realistic estimate of take by Level A harassment, NMFS assumes that an animal would occur within the vicinity of the con- struction activity for 50 percent of the pile installation and removal time, which equates to 50 percent of the piles planned for installation and re- moval. HRCP has implemented this reduction across all pile sizes, types, and installation and removal methods. For drilling with a DTH hammer installation, the strike rate (Hz) was reduced by half to accomplish the reduction. A 10 Hz strike rate was identified from Reyff and Heyvaert 2019 which was then reduced by 50% to 5 Hz to accomplish the 50% Level A reduction.
TABLE 16—CALCULATED DISTANCES TO LEVEL A HARASSMENT ISOPLETHS DURING VIBRATORY INSTALLATION, AND VIBRATORY REMOVAL AND JETTING INSTALLATION WITH NO ATTENUATION
Level A harassment isopleth distance Level A harassment isopleth areas Minutes (meters) (km2) per pile Number Project component Pile size/type (reduced of piles Cetaceans Pinnipeds Cetaceans Pinnipeds by half) per day I I I LF MF HF I PW LF MF HF I PW Vibratory Hammer
North Trestle: Moorings ...... 42-inch Pipe, Steel 15 6 27 3 39 16 ...... <0.01 ...... Template Piles I 36-inch Pipe, Steel I 2.5 I 8 I 9 1 I 13 I 5 I ...... I ...... I <0.01 I ......
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TABLE 16—CALCULATED DISTANCES TO LEVEL A HARASSMENT ISOPLETHS DURING VIBRATORY INSTALLATION, AND VIBRATORY REMOVAL AND JETTING INSTALLATION WITH NO ATTENUATION—Continued
Level A harassment isopleth distance Level A harassment isopleth areas Minutes (meters) (km2) per pile Number Project component Pile size/type (reduced of piles Cetaceans Pinnipeds Cetaceans Pinnipeds by half) per day LF MF HF PW LF MF HF PW
North Shore 36-inch Pipe, Steel 25 2 16 2 23 10 ...... <0.01 ...... Work Tres- tle, Jump Trestle, Work Tres- tle, Demoli- tion Trestle. Moorings ...... 24-inch Pipe, Steel 15 6 9 1 14 6 ...... <0.01 ...... North Shore AZ 700–19 Sheet, 15 10 11 1 16 7 ...... <0.01 ...... Abutment. Steel. North Island: Moorings ...... 42-inch Pipe, Steel 15 6 27 3 39 16 ...... <0.01 ...... Hampton Existing, 36-inch 25 1 10 1 15 6 ...... <0.01 ...... Creek Ap- Pipe, Steel. proach Channel Marker. North Island AZ 700–26 Sheet, 15 10 11 1 16 7 ...... <0.01 ...... Expansion. Steel. North Island AZ 700–19 Sheet, ...... Abutment. Steel. South Island AZ 700–19 Sheet, 15 10 11 1 16 7 ...... <0.01 ...... Abutment. Steel. South Island AZ 700–26 Sheet, ...... Expansion. Steel. Settlement Re- 24-inch Pipe, Steel 30 6 15 2 21 9 ...... duction Piles. Deep Founda- 30-inch Pipe, Steel, 30 6 36 4 53 22 ...... tion Piles. Concrete Filled. TBM Platform 36-inch Pipe, Steel 30 2 18 2 26 11 ...... Conveyor Tres- 36-inch Pipe, Steel 25 3 20 2 30 13 ...... tle. Moorings ...... 42-inch Pipe, Steel 15 6 27 3 39 16 ...... <0.01 ...... Template Piles 36-inch Pipe, Steel 2.5 16 14 2 20 8 ...... <0.01 ...... South Trestle: Template Piles 36-inch Pipe, Steel 2.5 8 9 1 13 5 ...... <0.01 ...... Moorings, Cas- 42-inch Pipe, Steel 15 6 27 3 39 16 ...... <0.01 ...... ings. Work Trestle, 36-inch Pipe, Steel 25 2 16 2 23 10 ...... Jump Tres- tle, Demoli- tion Trestle, Temporary MOT Trestle. Moorings ...... 24-inch Pipe, Steel 15 6 9 1 14 6 ...... Willoughby Bay: Moorings ...... 24-inch Pipe, Steel 15 6 9 1 14 6 ...... <0.01 ...... Work Trestle, 36-inch Pipe, Steel 25 2 16 2 23 ...... 10 ...... Jump Trestle. Moorings (Safe 42-inch Pipe, Steel 15 6 27 3 39 16 ...... <0.01 ...... Haven). Casing ...... 42-inch Pipe, Steel 15 6 27 3 39 16 ...... <0.01 ...... Template Piles 36-inch Pipe, Steel 2.5 8 9 1 13 5 ...... <0.01 ...... Willoughby Spit Laydown Area: Finger Piers on 16-inch CCA, Tim- 15 4 8 1 12 5 ...... <0.01 ...... Timber Piles. ber. Dock on 36-inch Pipe, Steel 25 3 20 2 30 13 ...... <0.01 ...... Spuds, Dock on Piles. Template Piles 36-inch Pipe, Steel 2.5 16 14 2 20 8 ...... <0.01 ......
Jetting
Willoughby Bay: Casing ...... 42-inch Pipe, Steel 15 1 3 1 4 2 ...... <0.01 ......
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TABLE 17—CALCULATED DISTANCES TO LEVEL A HARASSMENT ISOPLETHS DURING IMPACT INSTALLATION AND DTH PILE INSTALLATION WITH NO ATTENUATION
Number Level A harassment isopleth distance Level A harassment isopleth areas of strikes (meters) (km2) per pile Number Project component Pile size/type or strike of piles Cetaceans Pinnipeds Cetaceans Pinnipeds rate * per day (reduced LF MF HF PW LF MF HF PW by half)
North Trestle
Permanent Piles .... 54-inch Pipe, Con- 1,050 1 411 15 490 220 0.53 <0.001 0.75 0.15 crete Cylinder. Work Trestle, Jump 36-inch Pipe, Steel 20 2 117 5 140 63 0.04 <0.001 0.06 0.01 Trestle, Demoli- tion Trestle. I I I I I South Island
Settlement Reduc- 24-inch Pipe, Steel 20 6 97 4 116 52 0.02 <0.001 0.03 0.01 tion Piles. Deep Foundation 30-inch Pipe, Steel, 20 6 386 14 459 207 0.35 <0.001 0.49 0.10 Piles. Concrete Filled. I I I I I I I I I I South Trestle
Work Trestle, Jump 36-inch Pipe, Steel 20 2 117 5 140 63 0.04 <0.001 0.06 0.01 Trestle, Demoli- tion Trestle, Tem- porary MOT Trestle. Permanent Piles .... 54-inch Pipe, Con- 1,050 1 411 15 490 220 0.53 <0.001 0.75 0.15 crete Cylinder.
Willoughby Bay
Work Trestle, Jump 36-inch Pipe, Steel 20 2 117 5 140 63 0.04 <0.001 0.06 0.01 Trestle. Permanent Piles .... 24-inch Pipe, Con- 1,050 1 76 3 91 41 0.02 <0.001 0.03 <0.01 crete Square. I I I I I Willoughby Spit Laydown Area
Dock on Spuds, 36-inch Pipe, Steel 20 3 154 6 183 82 0.12 0.09 <0.001 0.03 Dock on Piles. I I I I I I I I I I DTH Pile Installation * North Trestle
Work Trestle, Jump 36-inch Pipe, Steel 36,000 2 936 34 1,115 501 1.81 <0.01 2.27 0.78 Trestle, Demoli- tion Trestle. Casing ...... 60-inch Pipe, Steel I 36,000 I 3 I 6,633 I 236 I 7,901 I 3,550 I 34.04 I 0.18 I 43.75 I 13.03 South Island
Deep Foundation 30-inch Pipe, Steel, 36,000 6 1,946 70 2,318 1,042 8.28 <0.01 11.30 2.49 Piles. Concrete Filled. I I I I I I I I I I South Trestle
Work Trestle, Jump 36-inch Pipe, Steel 36,000 2 936 34 1,115 501 2.67 <0.01 3.67 0.79 Trestle, Tem- porary MOT Trestle, Demoli- tion Trestle. Casing ...... 60-inch Pipe, Steel I 36,000 I 3 I 6,633 I 236 7,901 3,550 77.50 0.18 102.16 I 27.12 * For DTH Hammer calculations, a 10 Hz strike rate was identified from Reyff and Heyvaert 2019 which was then reduced by 50% to 5 Hz to accomplish the 50% Level A harassment reduction. Strikes per Pile values were not reduced for DTH methods.
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TABLE 18—CALCULATED DISTANCES TO LEVEL A HARASSMENT ISOPLETHS DURING IMPACT INSTALLATION WITH ATTENUATION
Number Level A harassment isopleth distance Level A harassment isopleth areas 2) of strikes Number (meters) (km Project component Pile size/type per pile of piles Cetaceans Pinnipeds Cetaceans Pinnipeds (reduced per day by half) LF MF HF PW LF MF HF PW
Impact Hammer
South Island:
Settlement Reduc- 24-inch Pipe, Steel 20 6 33 2 40 18 <0.01 tion Piles.
Deep Foundation 30-inch Pipe, Steel, 20 6 132 5 157 71 0.04 <0.001 0.06 0.01 Piles. Concrete Filled. South Trestle:
Temporary 36-inch Pipe, Steel 20 2 40 2 48 22 <0.001 0.007 0.002 MOT Trestle. Jump Trestle Work Trestle
Level B Harassment Zones R1 = the distance of the modeled SPL from of 15,849 m for vibratory pile driving of the driven pile, and 42- and 36-inch diameter piles. Other Transmission loss (TL) is the decrease R2 = the distance from the driven pile of the activities including impact driving and in acoustic intensity as an acoustic initial measurement vibratory installation sheet piles have pressure wave propagates out from a The recommended TL coefficient for smaller Level B harassment zones. All source. TL parameters vary with most nearshore environments is the Level B harassment isopleths are frequency, temperature, sea conditions, practical spreading value of 15. This reported in Table 19 below. It should be current, source and receiver depth, value results in an expected propagation noted that based on the geography of the water depth, water chemistry, and environment that would lie between project area, and pile driving locations, bottom composition and topography. spherical and cylindrical spreading loss in many cases sound will not reach the The general formula for underwater TL conditions, which is the most full distance of the Level B harassment is: appropriate assumption for HRCP’s isopleth. The radial distances provided planned activity. in Table 19 and Table 20 are shown as TL = B * Log10 (R1/R2), Using the practical spreading model, calculated. However, the land areas Where HRCP determined underwater noise presented in these tables take into TL = transmission loss in dB would fall below the behavioral effects account truncation by various land B = transmission loss coefficient; for practical threshold of 120 dB rms for marine masses in the project area and only spreading equals 15 mammals at a maximum radial distance shows the in-water ensonified area.
TABLE 19—DISTANCES TO LEVEL B HARASSMENT ISOPLETHS FOR DIFFERENT PILE SIZES AND TYPES AND METHODS OF INSTALLATION AND REMOVAL WITH NO ATTENUATION
Level B Level B area Location and component Method and pile type isopleth (m), unattenuated unattenuated (km2)
Vibratory Hammer (Level B Isopleth = 120 dB)
North Trestle: Moorings ...... 42-inch steel piles ...... 15,849 96.78 Template Piles ...... 36-inch steel piles ...... 13,594 85.53 Demolition Trestle ...... 36-inch steel piles ...... 13,594 85.53 North Shore Work Trestle ...... 36-inch steel piles ...... 13,594 85.53 Jump Trestle ...... 36-inch steel piles ...... 13,594 85.53 Work Trestle ...... 36-inch steel piles ...... 13,594 85.53 Moorings ...... 24-inch steel piles ...... 5,412 25.34 North Shore Abutment ...... AZ 700–19 steel sheet piles ...... 4,642 19.81 North Island: Moorings North ...... 42-inch steel piles ...... 15,849 103.86 Moorings South ...... 42-inch steel piles ...... 15,849 201.04 Hampton Creek Approach Channel Marker ...... 36-inch steel pile ...... 13,594 93.99 North Island Expansion North ...... AZ 700–26 steel sheet piles ...... 4,642 26.06 North Island Expansion South ...... AZ 700–26 steel sheet piles ...... 4,642 36.73 North Island Abutment North ...... AZ 700–19 steel sheet piles ...... 4,642 26.06 North Island Abutment ...... AZ 700–19 steel sheet piles ...... 4,642 36.73 South ...... South Island: Moorings ...... 42-inch steel piles ...... 15,849 246.86 Template Piles ...... 36-inch steel piles ...... 13,594 81.75
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TABLE 19—DISTANCES TO LEVEL B HARASSMENT ISOPLETHS FOR DIFFERENT PILE SIZES AND TYPES AND METHODS OF INSTALLATION AND REMOVAL WITH NO ATTENUATION—Continued
Level B Level B area Location and component Method and pile type isopleth (m), unattenuated unattenuated (km2)
TBM Platform ...... 36-inch steel piles ...... 13,594 81.75 Conveyor Trestle ...... 36-inch steel piles ...... 13,594 81.75 Deep Foundation Piles ...... 30-inch steel piles, concrete filled ...... 13,594 194.04 Settlement Reduction Piles ...... 24-inch steel piles ...... 5,412 45.10 South Island Expansion ...... AZ 700–26 steel sheet piles ...... 4,642 34.69 South Island Abutment ...... AZ 700–19 steel sheet piles ...... 4,642 34.69 South Trestle: Moorings, Casings ...... 42-inch steel piles ...... 15,849 305.30 Template Piles ...... 36-inch steel piles ...... 13,594 235.60 Temporary MOT Trestle ...... 36-inch steel piles ...... 13,594 235.60 Jump Trestle ...... 36-inch steel piles ...... 13,594 235.60 Work Trestle ...... 36-inch steel piles ...... 13,594 235.60 Demolition Trestle ...... 36-inch steel piles ...... 13,594 235.60 Moorings ...... 24-inch steel piles ...... 5,412 55.87 Willoughby Bay: Moorings (Safe Haven) ...... 42-inch steel piles ...... 15,849 5.52 Moorings ...... 42-inch steel piles ...... 15,849 5.52 Casing ...... 42-inch steel piles ...... 15,849 5.52 Template Piles ...... 36-inch steel piles ...... 13,594 5.52 Work Trestle ...... 36-inch steel piles ...... 13,594 5.52 Jump Trestle ...... 36-inch steel piles ...... 13,594 5.52 Moorings ...... 24-inch steel piles ...... 5,412 5.52 Willoughby Spit Laydown Area: Template Piles ...... 36-inch steel piles ...... 13,594 74.45 Dock on Spuds ...... 36-inch steel piles ...... 13,594 74.45 Dock on Piles ...... 36-inch steel piles ...... 13,594 74.45 Finger Piers ...... 16-inch CCA timber piles ...... 6,310 40.62
DTH Pile Installation (Level B Isopleth = 120 dB)
North Trestle Casings ...... 60-inch steel piles ...... 11,659 72.28 North Trestle Work Trestle, Jump Trestle, Demo- 36-inch steel piles ...... 11,659 72.28 lition Piles, Templates. South Island Deep Foundation Piles ...... 30-inch steel piles, concrete filled ...... 11,659 152.79 South Trestle Casings ...... 60-inch steel piles ...... 11,659 184.12 South Trestle Work Trestle, Jump Trestle, Demo- 36-inch steel piles ...... 11,659 14.12 lition Trestle, Temporary MOT Trestle, Tem- plates. Willoughby Bay Templates ...... 36-inch steel piles ...... 11,659 5.52
Jetting (Level B Isopleth = 120 dB)
Willoughby Bay: Casing ...... 42-inch steel piles ...... 5,412 5.52
Impact Hammer (Level B Isopleth = 160 dB)
North Trestle: Permanent Piles ...... 54-inch concrete cylinder piles ...... 631 1.14 Work Trestle ...... 36-inch steel piles ...... 1,585 3.81 Jump Trestle ...... 36-inch steel piles ...... 1,585 3.81 Demolition Trestle ...... 36-inch steel piles ...... 1,585 3.81 South Island: Deep Foundation Piles ...... 30-inch steel piles, concrete filled ...... 2,154 9.91 Settlement Reduction Piles ...... 24-inch steel piles ...... 1,000 2.29 South Trestle: Permanent Piles ...... 54-inch concrete cylinder piles ...... 631 1.25 Work Trestle ...... 36-inch steel piles ...... 1,585 6.84 Jump Trestle ...... 36-inch steel piles ...... 1,585 6.84 Temporary MOT Trestle ...... 36-inch steel piles ...... 1,585 6.84 Demolition Trestle ...... 36-inch steel piles ...... 1,585 6.84 Willoughby Bay: Permanent Piles ...... 24-inch concrete cylinder piles ...... 117 0.04 Work Trestle ...... 36-inch steel piles ...... 1,585 3.15 Jump Trestle ...... 36-inch steel piles ...... 1,585 3.15 Willoughby Spit Laydown Area: Dock on Spuds ...... 36-inch steel piles ...... 1,585 6.03 Dock on Piles ...... 36-inch steel piles ...... 1,585 6.03
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TABLE 20—DISTANCES TO LEVEL B HARASSMENT ISOPLETHS FOR INSTALLATION AND REMOVAL OF STEEL PIPE PILES WITH ATTENUATION BUBBLE CURTAIN
Level B Level B area Location and component Method and pile type isopleth (m), attenuated attenuated (km2)
Impact Hammer (Level B Isopleth = 160 dB)
South Island: Deep Foundation Piles ...... 30-inch steel piles, concrete filled ...... 736 1.25 Settlement Reduction Piles 24-inch steel piles ...... 341 0.27 South Trestle: Temporary MOT Trestle, Work Trestle, Jump 36-inch steel piles ...... 541 0.68 Trestle.
The daily duration in which more multiple sites, Level A harassment zone the duration required to meet the than one vibratory hammer or DTH pile sizes were calculated for the longest calculated Level A harassment installation could occur is difficult to anticipated duration of the largest pile threshold. Furthermore, installation of predict and quantify. As noted sizes that could be installed within a 18 42-inch steel pipe piles likely previously, DTH pile installation is day. For example, if 18 42-inch steel represents an unrealistic level of considered by NMFS to be both pipe piles were installed with a efficiency that will not be achieved in impulsive and continuous. Therefore, vibratory hammer on a single day by the field. Other combinations of pile decibel addition will not be used to multiple hammers with overlapping sizes and numbers would result in Level calculate Level A harassment zones sound fields, the Level A harassment A harassment zones smaller than 100 during concurrent DTH pile installation zone for each of the functional hearing meters. To be precautionary, shutdown activities. The Level A harassment groups likely to be present near the zones outlined in Table 21 for each zones for each DTH activity will be project area would remain smaller than species will be implemented for each based on a single DTH hammer. To 100 meters as shown in Table 21 with vibratory hammer on days when it is simplify implementation of Level A the largest Level A harassment zone anticipated that multiple vibratory harassment zones for use of more than being 81 m for harbor porpoises. hammers will be used, whether at a one vibratory hammer within a day and/ However, it is highly unlikely that a single or multiple sites. This mitigation or during simultaneous use of multiple harbor porpoise could accumulate measure would also minimize the need vibratory hammers with overlapping enough sound from the installation of for onsite coordination among project isopleths, whether at a single site or multiple piles in multiple locations for sites and components.
TABLE 21—DISTANCES TO LEVEL A HARASSMENT ISOPLETHS FOR INSTALLATION OF 42-INCH PILES BY MULTIPLE VIBRATORY HAMMERS
Level A harassment isopleth distance (meters) Minutes per pile Number of piles Pile size/type (reduced by half) per day Cetaceans Pinnipeds LF MF HF PW
42-inch Pipe, Steel ...... 15 18 55 5 81 33 Note: LF = Low-frequency; MF = Mid-frequency; HF = High frequency; PW = Phocids in water. Table does not stipulate the number of active vibratory hammers, as Level A effects are cumulative. The piles per day could be split between multiple hammers and not affect the size of Level A zones.
The size of the Level B harassment which generally requires close TABLE 22—DISTANCES TO LEVEL B zone during concurrent operation of proximity of driving locations. HARASSMENT ISOPLETHS FOR MUL- multiple vibratory hammers will Furthermore, it is expected to be a rare TIPLE HAMMER ADDITIONS—Contin- depend on the combination of sound event when three or more 30-, 36-, or ued sources due to decibel addition of 42-inch piles are being installed multiple hammers producing simultaneously with vibratory hammers. Combined SSL Distance to Level B continuous noise. The distances to (dB) isopleth Level B harassment isopleths during TABLE 22—DISTANCES TO LEVEL B (meters) ARASSMENT SOPLETHS FOR UL simultaneous installation of piles using H I M - 167 ...... 13,594 two or more vibratory hammers is TIPLE HAMMER ADDITIONS 168 ...... 15,849 shown in Table 22. As noted previously, 169 ...... 18,478 pile installation often involves Combined SSL Distance to Level B 170 ...... 21,544 numerous stops and starts of the isopleth (dB) (meters) 171 ...... 25,119 hammer for each pile. Therefore, decibel 172 ...... 29,286 addition is applied only when the 164 ...... 8,577 173 ...... 34,145 adjacent continuous sound sources 165 ...... 10,000 experience overlapping sound fields, 166 ...... 11,659
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Marine Mammal Occurrence and Take 2017a, 2018, 2019) did not produce high November through April for the Calculation and Estimation enough sample sizes to calculate duration of in-water pile installation In this section we provide the densities, or survey data were not and removal. NMFS concurs with the information about the presence, density, collected during systematic line-transect request and is authorizing a total of 183 or group dynamics of marine mammals surveys. However, humpback whale takes of humpback whales over the 5- that will inform the take calculations. densities have been calculated for year Project period (Table 24). This We describe how the information populations off the coast of New Jersey, number is increased from 172 included provided above is brought together to resulting in a density estimate of in the proposed rule due to the produce a quantitative take estimate. 0.000130 animals per square kilometer increased number of assumed pile or one humpback whale within the area driving days in Year 5. Only vibratory Humpback Whale (off the coast of New Jersey) on any extraction is planned for Year 5 which given day of the year (Whitt et al. 2015). While humpback whales are observed will result in smaller PTS zones. In the project area, a similar density near the mouth of the Chesapeake Bay Therefore take by Level A harassment is and the nearshore waters of Virginia may be expected, although the project not expected. The largest Level A during winter and spring months, they area is much smaller. Aschettino et al. harassment zone of 6,633 meters for LF are relatively rare in the project area. (2018) observed and tracked two Density data for this species within the individual humpback whales in the cetaceans is associated with drilling project vicinity do not exist or were not Hampton Roads (in the James River) with a DTH installation of 60-inch steel calculated because sample sizes were area of the project area and over the 5- pipe piles (casings) (Table 17). It is too small to produce reliable estimates year project period (2015–2019), tracked unlikely but possible that a humpback of density. Humpback whale sighting 12 individual humpback whales west of whale could enter this area and remain data collected by the U.S. Navy near the CBBT (Movebank 2020). Based on for a sufficient duration to incur PTS. Naval Station Norfolk and Virginia these data, and the known movement of Therefore, HRCP requested and NMFS Beach from 2012 to 2015 (Table 22) humpback whales from November is authorizing eight humpback whale (Engelhaupt et al. 2014, 2015, 2016) and through April at the mouth of the takes by Level A harassment (2 per year in the mid-Atlantic (including the Chesapeake Bay, HRCP requested two except for Year 5 when there are no Chesapeake Bay) from 2015 to 2019 takes every month from May to October requests) and 35 Level B harassment (Table 23) (Aschettino et al. 2015, 2016, and three to four each month from takes each year (Table 24). TABLE 23—SUMMARY OF INDIVIDUAL HUMPBACK WHALE SIGHTINGS BY MONTH FROM 2012 TO 2019 IN THE CHESAPEAKE BAY
Engelhaupt surveys Aschettino surveys Month 2012 2013 2014 2015 2015 2016 2017 2018 2019 Total
January ...... 0 0 7 56 43 106 1 30 243 February ...... 0 0 0 5 30 84 0 32 151 March ...... 0 0 10 7 0 1 18 April ...... 2 1 0 0 ...... 1 4 May ...... 0 1 0 0 1 ...... 4 6 June ...... 0 ...... 0 July ...... 0 0 0 ...... 1 ...... 1 August ...... 0 ...... 0 ...... 0 September ...... 0 1 0 ...... 1 October ...... 0 0 0 ...... 2 ...... 2 November ...... 0 0 0 ...... 21 8 0 ...... 29 December ...... 9 ...... 42 30 21 11 ...... 113
Total ...... 0 3 11 7 103 135 228 13 68 568 * Source: Engelhaupt et al. 2014, 2015, 2016 (2012–2015 inshore survey data only; not dedicated humpback whale surveys); Aschettino et al. 2015, 2016, 2017a, 2018, 2019 (2015–2019). Monthly survey data from the 2019–2020 season have not been published; however, Aschettino et al. 2020b reported that during the 2019/ 2020 field season, which began 21 December 2019 and concluded 27 March 2020, resulted in 44 humpback whale sightings of 60 individuals.
TABLE 24—SUMMARY OF THE ESTIMATED NUMBERS OF HUMPBACK WHALES POTENTIALLY EXPOSED TO LEVEL A AND LEVEL B HARASSMENT SOUND LEVELS PER MONTH PER YEAR
Annual Year Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Level A Level B total
Year 1...... 4 3 2 2 2 2 2 2 4 4 4 4 2 35 37 Year 2...... 4 3 2 2 2 2 2 2 4 4 4 4 2 35 37 Year 3...... 4 3 2 2 2 2 2 2 4 4 4 4 2 35 37 Year 4...... 4 3 2 2 2 2 2 2 4 4 4 4 2 35 37 Year 5...... 4 3 2 2 2 2 2 2 4 4 5 5 0 35 35
Monthly 5-Year Total...... 20 15 10 10 10 10 10 10 20 20 21 21 8 175 183
Bottlenose Dolphin density methods from conventional 2012 through August 2015 (Engelhaupt line-transect vessel surveys near Naval et al. 2016). The total estimated number of takes Station Norfolk and adjacent areas near HRCP estimated potential exposure for bottlenose dolphins in the Project Virginia Beach, Virginia, from August area was estimated using a combined using daily sighting data for areas west approach of daily sighting rates and of the HRBT area and within the Core
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Monitoring Area (shown in Figure days per year for 5 years. Due to the was utilized to calculate the number of 11–1 in the LOA application) and used complex schedule and the inexact dolphins per day that could be seasonal densities of bottlenose timeline in which parts of the project anticipated to occur in the project area dolphins from Engelhaupt et al. (2016) may be completed ahead of or behind during each season and year. The for areas northeast of the HRBT Project schedule, trying to quantify the exact surveyed width for these surveys was and outside the Core Monitoring Area. number of days certain isopleths will be two nautical miles, which encompasses The Core Monitoring Area will active for the purposes of take the areas ensonified within the Core encompass the area south of the HRBT estimation is infeasible. However, these Monitoring Area during pile installation and north of the Hampton Roads calculations reflect the best available and removal (HDR-Mott MacDonald Monitor-Merrimac Memorial Bridge- data for the areas in and around the 2020). The number of anticipated days Tunnel (Interstate 664) with observers Project and represent a conservative of in-water pile installation and removal positioned at key areas to monitor the estimate of potential exposure based on for each month was multiplied by the entire geographic area between the reasonable assumptions. average daily sighting rate estimate of bridges. This is the area that will be Sighting rates (numbers of dolphins the number of dolphins per month that ensonified during most of the pile per day) were determined for each of the could be exposed to project noise within installation and removal activities. four seasons from observations located the Core Monitoring Area. For the Depending on placement, the observers in the inshore Chesapeake Bay zone (the majority of piles being installed and/or will be able to view west/southwest Chesapeake Bay waters near Naval removed, the ensonified area is towards Batten Bay and the mouth of Station Norfolk) which were used to constrained by surrounding land the Nansemond River. The largest estimate potential exposure west of the features and does not extend out into ensonified southwest radii extend to the project site and within the Core Chesapeake Bay. For piles with south into the James and Nansemond Monitoring Area. Sightings per season constrained sound fields, this method is rivers, areas where marine mammal ranged from 5 in spring to 24 in fall sufficient to calculate potential abundance is anticipated to be low and while no bottlenose dolphins were exposure. approaching zero. Towards the sighted in the winter months in this Table 25 depicts values in the average northeast direction, the largest of the inshore area (Table 25). Note that the dolphins sighted per day column that multiple hammer zones may reach winter sighting total of 0 was a result of are from within the Core Monitoring beyond the Chesapeake Bay Bridge and truncating winter survey data to only Area, which is smaller and closer to the Tunnel. However, concurrent vibratory include sighting data within the vicinity river mouth. Values in the seasonal installation of three or more 30-, 36-, or of the project location. Bottlenose density column (individuals per km2) 42-inch piles will occur infrequently. dolphin abundance was highest in the are from outside the Core Monitoring This approach also factored in the fall, (24 sightings representing 245 Area which is farther out in the Bay and number of days of pile installation and individuals), followed by the spring (n where there are likely to be more removal, which is estimated to be 312 = 156), and summer (n = 115). This data dolphins.
TABLE 25—AVERAGE DAILY SIGHTING RATES AND SEASONAL DENSITIES OF BOTTLENOSE DOLPHINS WITHIN THE PROJECT AREA
Average number Seasonal density Number of of dolphins outside core Season sightings per sighted per day monitoring area season within core 2 monitoring area (individuals/km )
Spring, March–May ...... 5 17.33 1.00 Summer, June–August ...... 14 16.43 3.55 Fall, September–November ...... 24 27.22 3.88 Winter, December–February ...... 0 0.00 0.63 Source: Engelhaupt et al. 2016.
For each month and year, the average incorporated the number of piles that ((5 piles * 20 km2/pile) + (2 piles * 50 area within the Level B harassment produce the different zone sizes km2/pile))/(7 piles) = weighted zones and outside the Core Monitoring ensonified by each pile size/hammer/ average of 28.6 km2. Area was calculated and used to location. The number of piles with each estimate potential exposure east of the different zone size was multiplied by its The sum of potential exposures project site and outside the Core relevant ensonified area; those were within the Core Monitoring Area (daily Monitoring Area. The weighted average then summed and the total was divided sighting rate method) and outside the area within the relevant Level B by the total number of piles. Core Monitoring Area (density method harassment zones outside the Core For example, if there are 5 piles with for zones that extend into Chesapeake Monitoring Area was used to calculate a 20 km2 Level B harassment zone each Bay) yields the total number of potential potential exposure or take of bottlenose and 2 piles with a 50 km2 Level B bottlenose dolphin exposures (Table 26) dolphin for each month. The weighting harassment zone, the formula would be: for each month and year.
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TABLE 26—MONTHLY AND ANNUAL ESTIMATED DOLPHIN EXPOSURES USING NUMBER/DAY FOR CORE MONITORING AREA, AND DENSITY/KM2 FOR AREAS EXTENDING OUTSIDE THE CORE MONITORING AREA INTO CHESAPEAKE BAY
Annual Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb total
Dolphin density (#/km2) ...... 1 1 1 3.55 3.55 3.55 3.88 3.88 3.88 0.63 0.63 0.63 ...... Year 1 In CMA 468 451 451 427 444 427 708 708 681 0 0 0 4,765 Year 1 Out CMA 539 539 539 1,914 1,022 1,022 2,989 2,980 2,963 476 428 953 16,362 Year 2 In CMA 468 451 451 427 444 427 708 708 681 0 0 0 4,763 Year 2 Out CMA 2,297 1,304 706 2,631 2,464 1,627 1,342 6,770 6,758 1,097 1,526 1,498 30,021 Year 3 In CMA 468 451 451 427 444 427 708 708 681 0 0 0 4,764 Year 3 Out CMA 2,440 1,622 1,622 0 0 5,122 0 0 14,058 2,070 2,090 1,537 30,562 Year 4 In CMA 468 451 451 427 444 427 708 708 681 0 0 0 4,764 Year 4 Out CMA 0 0 0 0 0 0 10,146 9,287 6,009 444 0 0 25,884 Year 5 In CMA 468 451 451 427 444 427 708 708 681 0 0 0 4,763 Year 5 Out CMA 360 0 0 0 0 0 0 0 0 0 267 227 854
The largest Level A harassment available to apportion the requested project-related underwater noise each isopleth is 236 m for DTH pile takes precisely to each of these three month during the spring (March–May) installation of 60-inch steel pipe piles stocks present in the project area. Given for a total of 6 harbor porpoises takes (casings) at the South Trestle and covers that most of the NNCES stock are found (i.e., 1 group of 2 individuals per month an area less than 0.18 km2. Given the in the Pamlico Sound Estuarine System, × 3 months per year = 6 harbor daily sightings rates shown in Table 24, the Project will assume that no more porpoises) per year. and the small Level A harassment than 200 of the requested takes will be The largest calculated Level A zones, HRCP and NMFS do not from this stock during any given year. harassment zone for harbor porpoises anticipate that bottlenose dolphins will Since members of the Western North extends 7,901 m from the noise source actually incur Level A harassment. Atlantic Northern Migratory Coastal and during DTH installation of 60-inch steel However, because animals may enter Western North Atlantic Southern pipe piles (casings) at the South Trestle, into a PTS zone before being sighted, Migratory Coastal stocks are thought to for a harassment area of 102.16 km2 HRCP has requested authorization of occur in or near the Project area in (Table 17). However, HRCP has planned Level A harassment for bottlenose greater numbers, HRCP will a 100-meter shutdown zone for harbor dolphins as a precaution. Although conservatively assume that no more porpoises. HRCP has requested small NMFS does not agree that a brief than half of the remaining animals will numbers of take by Level A harassment sighting of a marine mammal within a belong to either of these stocks. for harbor porpoises during Years 1–4 of Level A harassment zone calculated on Additionally, a subset of these takes the project. While NMFS does not agree the basis of accumulated energy would likely be comprised of that take by Level A harassment is necessarily means that the animal has Chesapeake Bay resident dolphins, likely, due to the duration of time a experienced Level A harassment, we although the size of that population is harbor porpoise would be required to nevertheless propose to authorize take unknown. It is assumed that an animal remain within the Level A zone to as requested by HRCP. HRCP assumed will be taken once over a 24-hour accumulate enough energy to that approximately 1 percent of the total period; however, the same individual experience PTS, we nevertheless harassment exposures will be in the may be taken multiple times over the propose to authorize limited take as form of Level A harassment. HRCP has duration of the project. Therefore, both requested by HRCP. It is anticipated that requested and NMFS is authorizing the number of takes for each stock and 2 individuals may enter the Level A 127,502 exposures by Level B the affected population percentages harassment zone during pile installation harassment and 1,222 exposures by represent the maximum potential take and removal each spring, for a total of Level A harassment of bottlenose numbers. 2 potential Level A harassment dolphins divided among the 5 project exposures per year. Therefore, NMFS is Harbor Porpoise authorizing 4 takes by Level B construction years (127,502 total Harbor porpoises are rarely seen in ¥ exposures ¥1,222 Level A harassment harassment each spring for Years 1 4 the project area although they are (6 total exposures¥2 Level A takes = 126,280 Level B harassment known to occur in the coastal waters harassment takes = 4 Level B takes). However, due to the construction near Virginia Beach (Hayes et al. 2020). harassment takes). In Year 5, NMFS is schedule, these takes will not occur They have been sighted on rare authorizing 6 takes by Level B equally during each year of the LOA. occasions in the Chesapeake Bay closer harassment and no takes by Level A There are no Level A harassment takes to Norfolk. Density data does not exist harassment. authorized for year 5. The maximum for this species within the project area. annual harassment number for dolphins Sighting data collected by the U.S. Navy Harbor Seal is 35,326 in Year 3. near Naval Station Norfolk and Virginia HRCP estimated the expected number The total number of bottlenose Beach from 2012 to 2015 (Engelhaupt et of harbor seals in the project area using dolphin takes by Level A and Level B al. 2014, 2015, 2016) did not produce systematic, land- and vessel-based harassment is expected to be split high enough sample sizes to calculate survey data for in-water and hauled-out between three bottlenose dolphin densities. One group of two harbor seals collected by the U.S. Navy at the stocks: Western North Atlantic Southern porpoises was seen during spring 2015 CBBT rock armor and portal islands Migratory Coastal; Western North (Engelhaupt et al. 2016). from November 2014 through April Atlantic Northern Migratory Coastal; HRCP estimated that one group of two 2019 (Rees et al. 2016; Jones et al. 2018; and NNCES. There is insufficient data harbor porpoises could be exposed to Jones and Rees 2020). The number of
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harbor seals sighted by month from Project, ranged from 0 to 170 anticipated to be present in the 2014 through 2019, in the Chesapeake individuals Table 27. During the months Chesapeake Bay. Bay waters, in the vicinity (lower of June through October (Table 27 and Chesapeake Bay along the CBBT) of the Table 29) harbor seals are not
TABLE 27—SUMMARY OF HISTORICAL HARBOR SEAL SIGHTINGS BY MONTH FROM 2014 TO 2019
Monthly Month 2014 2015 2016 2017 2018 2019 average
January ...... 33 120 170 7 82.5 February ...... 39 80 106 159 21 81 March ...... 55 61 41 0 18 43.8 April ...... 10 1 3 3 4 4.2 May ...... 3 0 0 0 ...... 0.8
June ...... Seals not expected to be present ...... 0
July ...... Seals not expected to be present ...... 0
August ...... Seals not expected to be present ...... 0
September ...... Seals not expected to be present ...... 0
October ...... Seals not expected to be present ...... 0
November ...... 1 0 1 0 3 ...... 1.3 December ...... 4 9 24 8 29 ...... 14.8
TABLE 28—HARBOR SEAL SURVEY EFFORT, TOTAL COUNT, MAX COUNT ON A SINGLE SURVEY DAY, AND THE AVERAGE NUMBER OF SEALS OBSERVED PER SURVEY DAY AT THE CBBT SURVEY AREA
Number of Total seal Average daily Max daily Field season survey days count seal count seal count
2014–2015 ...... 11 113 10 33 2015–2016 ...... 14 187 13 39 2016–2017 ...... 22 308 14 40 2017–2018 ...... 15 340 23 45 2018–2019 ...... 10 82 8 17 Average ...... 14.4 186 13.6 34.8
TABLE 29—SUMMARY OF THE ESTIMATED NUMBERS OF HARBOR SEALS POTENTIALLY TAKEN BY LEVEL A AND LEVEL B HARASSMENT PER MONTH PER YEAR 1
Annual Year Nov Dec Jan Feb Mar Apr May Level A Level B total
Year 1 ...... 177 367 354 326 367 354 177 424 1,697 2,122 Year 2 ...... 177 367 354 326 367 354 177 424 1,697 2,122 Year 3 ...... 177 367 354 326 367 354 177 424 1,697 2,122 Year 4 ...... 177 367 354 326 367 354 177 424 1,697 2,122 Year 5 ...... 177 367 354 326 367 354 177 0 2,122 2,122
Monthly 5-Year Total ...... 884 1,836 1,768 1,632 1,836 1,768 884 1,696 8,910 10,608 1 Harbor seals not expected June–October.
The estimated total number of harbor The largest Level A harassment anticipated that up to 20 percent of the seals potentially exposed to in-water isopleth associated with drilling with a total exposures would be at or above the noise at harassment levels is 13.6 per DTH hammer of 60-inch steel pipe piles Level A harassment threshold. day (the average of the 5-year average (casings) at the South Trestle for harbor Therefore, HRCP has requested and daily harbor seal count) (Table 28) for seals is 3,550 meters (Table 17) with a NMFS is authorizing 1,697 takes by 156 days based on a 6-day work week Level A harassment zone of 27.12 km2. Level B harassment and 424 takes by from mid-November to mid-May. Seals It is possible that harbor seals could Level A harassment for project years are not expected to be present in the enter this or other Level A harassment 1–4 and 2,122 Level B harassment takes Chesapeake Bay from June through zones undetected. While NMFS does and no Level A harassment takes of October. It is estimated that 13.6 harbor not believe that take of harbor seals by harbor seals for project year 5 since only Level A harassment is likely due to seals could be exposed per day to vibratory extraction will be occurring in accumulated energy that would be Project-related underwater noise for 156 the last year. (Table 29). required to experience injury, we days for a total of 2,122 exposures per nevertheless propose to authorize year. limited take as requested by HRCP. It is
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Gray Seal the months of March through December. for sufficient duration to incur injury, Between 2015 and 2019 only three eight takes by Level A harassment have Gray seals are expected to be very individual seals were observed, all in also been requested (2 during years uncommon in the Project area. As the month of February (i.e., 2015, 2016 1–4 and 0 during year 5). NMFS concurs described below, historical data indicate and 2018). with this assessment and is authorizing that approximately one gray seal has As a precautionary measure, HRCP seven takes by Level B harassment and been seen per year in the Chesapeake assumed that there could be three gray two takes by Level A harassment per Bay. Similar to the harbor seal, HRCP seals taken by Level B harassment year for years 1–4 (9 takes¥2 takes by estimated the expected number of gray during each of the winter months Level A harassment = 7 takes by Level seals in the Project area using (December through February). B harassment) and 9 takes by Level B systematic, land- and vessel-based Therefore, HRCP requested and NMFS harassment, with no authorized takes by survey data for in-water and hauled-out is authorizing nine gray seal takes per Level A harassment, in year 5. seals collected by the U.S. Navy at the year for 5 years (3 gray seals per month Table 30 below summarizes CBBT rock armor and portal islands × 3 months per year = 9 gray seals) for authorized take numbers by species per from 2014 through 2019 (Rees et al., a total of 45 takes of gray seals (Table project year while Table 31 describes 2016; Jones et al. 2018; Jones and Rees 30). Given the size of the Level A the proposed authorized take for all the 2020). Gray seals are not expected to be harassment zones and potential for a species described above as a percentage present in the Chesapeake Bay during gray seal to be present within the zone of stock abundance. TABLE 30—ESTIMATED TAKE BY LEVEL A AND LEVEL B HARASSMENT, BY SPECIES
2021 2022 2023 2024 2025 Species Level A Level B Level A Level B Level A Level B Level A Level B Level A Level B
Humpback whale...... 2 35 2 35 2 35 2 35 0 37 Bottlenose dolphin...... 212 20,915 349 34,435 354 34,972 307 30,341 0 5,617 Harbor porpoise...... 2 4 2 4 2 4 2 4 0 6 Harbor seal...... 424 1,697 424 1,697 424 1,697 424 1,697 0 2,121 Gray seal...... 2 7 2 7 2 7 2 7 0 9
TABLE 31—MAXIMUM ANNUAL ESTIMATED TAKE BY LEVEL A AND LEVEL B HARASSMENT, BY SPECIES AND STOCK IN COMPARISON TO STOCK ABUNDANCE
Level A and Stock Level B Percent Species Stock abundance harassment of stock takes
Humpback Whale ...... Gulf of Maine ...... b 12,312 37 0.3 Bottlenose Dolphin ...... WNA Coastal, Northern Migratory a ...... 6,639 17,561 264.5 WNA Coastal, Southern Migratory a ...... 3,751 17,561 468.2 NNCES c ...... 823 200 24.3 Harbor Porpoise ...... Gulf of Maine/Bay of Fundy ...... 95,543 6 <0.01 Harbor Seal ...... Western North Atlantic ...... 75,834 2,121 2.8 Gray Seal ...... Western North Atlantic ...... 505,000 9 <0.01 a Take estimates are weighted based on calculated percentages of population for each distinct stock, assuming animals present would follow same probability of presence in the project area. Please see the Small Numbers section for additional information. b West Indies DPS from Bettridge et al. 2015. c Assumes multiple repeated takes of same individuals from small portion of each stock as well as repeated takes of Chesapeake Bay resident population (size unknown). Please see the Small Numbers section for additional information.
Mitigation conducting such activity or other means impact being mitigated (likelihood, In order to issue an LOA under of effecting the least practicable adverse scope, range). It further considers the Section 101(a)(5)(A) of the MMPA, impact upon the affected species or likelihood that the measure will be NMFS must set forth the permissible stocks and their habitat (50 CFR effective if implemented (probability of methods of taking pursuant to such 216.104(a)(11)). accomplishing the mitigating result if activity, and other means of effecting In evaluating how mitigation may or implemented as planned) the likelihood the least practicable impact on such may not be appropriate to ensure the of effective implementation (probability species or stock and its habitat, paying least practicable adverse impact on implemented as planned); and species or stocks and their habitat, as particular attention to rookeries, mating (2) The practicability of the measures well as subsistence uses where grounds, and areas of similar for applicant implementation, which applicable, we carefully consider two significance, and on the availability of may consider such things as cost, such species or stock for taking for primary factors: impact on operations, and, in the case certain subsistence uses (latter not (1) The manner in which, and the of a military readiness activity, applicable for this action). NMFS degree to which, the successful regulations require applicants for implementation of the measure(s) is personnel safety, practicality of incidental take authorizations to include expected to reduce impacts to marine implementation, and impact on the information about the availability and mammals, marine mammal species or effectiveness of the military readiness feasibility (economic and technological) stocks, and their habitat. This considers activity. of equipment, methods, and manner of the nature of the potential adverse
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In addition to the measures described monitoring of marine mammals can be as a precautionary measure. HRCP will later in this section, HRCP will employ conducted. Installation or removal of also document the duration any animal the following mitigation measures: new piles will not commence after spends within the Level A harassment • For in-water heavy machinery work daylight hours. zone; other than pile driving, if a marine mammal comes within 10 m, operations Shutdown Zones When two or more vibratory hammers shall cease and vessels shall reduce For all pile driving activities, HRCP are in use HRCP will employ the speed to the minimum level required to will establish shutdown zones for a following measures: maintain steerage and safe working marine mammal species which • A shutdown zone will be conditions; correspond to the Level A harassment implemented for each species for each • HRCP will conduct briefings zones. The purpose of a shutdown zone vibratory hammer on days when it is between construction supervisors and is generally to define an area within anticipated that multiple vibratory crews and the marine mammal which shutdown of the activity would hammers will be used, whether at a monitoring team prior to the start of all occur upon sighting of a marine single site or multiple sites; pile driving activity and when new mammal (or in anticipation of an animal • personnel join the work, to explain entering the defined area). In some A 35-meter shutdown zone will be responsibilities, communication instances, however, large zone sizes will implemented for harbor seals and gray procedures, marine mammal monitoring make it impossible to monitor the seals to prevent direct injury; protocol, and operational procedures; entirety of the Level A harassment • An 85-meter shutdown zone will be • For those marine mammals for zones. implemented for harbor porpoise to which Level A or Level B harassment During use of a single hammer the prevent direct injury; and take has not been requested, in-water following measures will be employed by • pile installation/removal will shut down HRCP: A 55-meter shutdown zone will be immediately if such species are • A minimum 10-meter shutdown implemented for humpback whales to observed within or entering the Level A zone will be implemented for all prevent direct injury; or Level B harassment zone; and species, pile sizes, and hammer types to Calculated Level A harassment zones • If take reaches the authorized limit prevent direct injury of marine and shutdown zones for each activity for an authorized species, pile mammals; and pile size and type are depicted in • installation/removal will shut down A 15-meter shutdown zone will be Table 32 and Table 33. Note that immediately if these species approach implemented for seals to prevent direct shutdown zones in Table 33 include a the Level A or Level B harassment zone injury; 7 dB reduction due to the use of bubble • A 100-meter shutdown zone will be to avoid additional take. curtains. Compare shutdown zones in The following mitigation measures implemented for harbor porpoises when Table 32 with Level A harassment zones apply to HRCP’s in-water construction utilizing a DTH hammer and impact activities. hammering to prevent direct injury; and contained in Tables 16, 17 and 18. • When the Level A harassment zone Under some pile driving scenarios, the Time Restriction is larger than 50 meters, shutdown Level A harassment zones are larger For pile driving, work would occur zones have been rounded up relative to than the specified shutdown zones. only during daylight hours, when visual the calculated Level A harassment zones
TABLE 32—SHUTDOWN ZONES WITH NO ATTENUATION FOR ALL SPECIES
Level A harassment isopleth distance Number of (meters) Minutes (min) piles installed Method Pile size and type per pile or or removed Cetaceans strikes per pile per day Pinnipeds LF MF HF
Vibratory Installa- 24-inch Pipe, Steel 15 min ...... 6 1 10/55 10 2 14/85 3 15/35 tion and Re- moval. 30-inch Pipe, 30 min ...... 6 15/55 ...... 21/85 ...... Steel, Concrete 36/55 60/85 Filled. 36-inch Pipe, Steel 2.5 min ...... 8 10/55 ...... 13/85 ...... 2.5 min...... 16 14/55 ...... 20/85 ...... 25 min...... 1 10/55 ...... 15/85 ...... 2 16/55 ...... 23/85 ...... 3 20/55 ...... 30/85 ...... 30 min...... 2 18/55 ...... 26/85 ...... 42-inch Pipe, Steel 15 min ...... 6 27/55 ...... 39/85 ...... Sheet, Steel ...... 15 min ...... 10 11/55 ...... 16/85 ...... 16-inch CCA, Tim- 15 min ...... 4 10/55 ...... 12/85 ...... ber. Jetting ...... 42-inch Pipe, Steel 15 min ...... 1 10 ...... 10 ...... Down-the-Hole In- 30-inch Pipe, 36,000 strikes * 6 1,950 70 100 ...... stallation. Steel, Concrete Filled. 36-inch Pipe, Steel 2 940 34 ...... 60-inch Pipe, Steel 3 6,640 240 ...... Impact Installation 24-inch Pipe, Steel 20 strikes ...... 6 100 10 ......
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TABLE 32—SHUTDOWN ZONES WITH NO ATTENUATION FOR ALL SPECIES—Continued
Level A harassment isopleth distance Number of (meters) Minutes (min) piles installed Method Pile size and type per pile or or removed Cetaceans strikes per pile per day Pinnipeds LF MF HF
30-inch Pipe, 390 14 ...... Steel, Concrete Filled. 36-inch Pipe, Steel 2 120 10 ...... 36-inch Pipe, Steel 3 160 10 ...... 24-inch Pipe, Con- 1,050 strikes .... 1 80 10 ...... crete Square. 54-inch Pipe, Con- 420 15 ...... crete Cylinder. 1 A 55-meter shutdown zone will be implemented for humpback whales during concurrent vibratory driving of two or more hammers. 2 A 85-meter shutdown zone will be implemented for harbor porpoise during concurrent vibratory driving of two or more hammers. 3 A 35-meter shutdown zone will be implemented for harbor seals and gray seals during concurrent vibratory driving of two or more hammers.
TABLE 33—SHUTDOWN ZONES WITH ATTENUATION FOR ALL SPECIES
Level A harassment isopleth distance (meters) Strikes Number of Method Pile size and type per pile piles per day Cetaceans Pinnipeds LF MF HF PW
Impact Installation 24-inch Pipe, Steel 20 strikes ...... 6 35 10 40 20 30-inch Pipe, Steel, 135 10 160 75 Concrete Filled. 36-inch Pipe, Steel 20 strikes ...... 2 40 10 50 25
Protected Species Observers threshold during vibratory driving and harassment. Bubble curtains will meet DTH pile installation. the following requirements: The placement of PSOs during all pile • The Level A and Level B harassment The bubble curtain must distribute driving and removal activities air bubbles around 100 percent of the (described in the Monitoring and monitoring zones are given in Tables 16–19. piling perimeter for the full depth of the Reporting section) will ensure that the water column; entire shutdown zone is visible during Monitoring for Level B Harassment • The lowest bubble ring shall be in pile driving and removal. Should contact with the mudline and/or rock environmental conditions deteriorate HRCP will monitor the Level B bottom for the full circumference of the such that marine mammals within the harassment zones to the extent ring, and the weights attached to the entire shutdown zone would not be practicable, as well as Level A bottom ring shall ensure 100 percent visible (e.g., fog, heavy rain), pile harassment zones extending beyond mudline and/or rock bottom contact. No driving and removal must be delayed shutdown zones. HRCP will monitor at parts of the ring or other objects shall until the PSO is confident marine least a portion of the Level B harassment prevent full mudline and/or rock bottom mammals within the shutdown zone zone on all pile driving days. contact; could be detected. However, if work on Monitoring zones provide utility for • The bubble curtain shall be a pile has already begun, work is observing by establishing monitoring operated such that there is proper allowed to continue until that pile is protocols for areas adjacent to the (equal) balancing of air flow to all installed. shutdown zones. Monitoring zones bubblers; and enable observers to be aware of and • The applicant shall require that Establishment of Level A and Level B communicate the presence of marine Harassment Zones construction contractors train personnel mammals in the project area outside the in the proper balancing of air flow to the HRCP will establish monitoring zones shutdown zone and thus prepare for a bubblers and corrections to the based on calculated Level A harassment potential cessation of activity should the attenuation device to meet the isopleths associated with specific pile animal enter the shutdown zone. performance standards. This shall occur driving activities and scenarios. These Bubble Curtains prior to the initiation of pile driving are areas beyond the established activities. shutdown zones in which animals could Use of air bubble curtain systems will be exposed to sound levels that could be implemented by HRCP during impact Soft-Start result in Level A harassment in the form driving of steel piles except in situations The use of soft-start procedures are of PTS. HRCP will also establish and where the water depth is less than 20 ft believed to provide additional monitor Level B harassment zones in depth. The use of this sound protection to marine mammals by which are areas where SPLs are equal to attenuation device will reduce SPLs and providing warning and/or giving marine or exceed the 160 dB rms threshold for the size of the zones of influence for mammals a chance to leave the area impact driving and 120 dB rms Level A harassment and Level B prior to the hammer operating at full
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capacity. For impact pile driving, HRCP restrict full visibility of the shut-down • Mitigation and monitoring will be required to provide an initial set zone(s) until the entire shut-down effectiveness. of strikes from the hammer at reduced zone(s) is visible. HRCP will submit a Marine Mammal energy, with each strike followed by a Based on our evaluation of HRCP’s Monitoring Plan which must be 30-second waiting period. This planned measures, as well as other approved by NMFS in advance of the procedure will be conducted a total of measures considered by NMFS, NMFS start of construction. three times before impact pile driving has determined that the planned Visual Monitoring begins. Soft start will be implemented at mitigation measures provide the means the start of each day’s impact pile of effecting the least practicable impact Marine mammal monitoring during driving and at any time following on the affected species or stocks and pile driving and removal must be cessation of impact pile driving for a their habitat, paying particular attention conducted by PSOs in a manner period of 30 minutes or longer. Soft start to rookeries, mating grounds, and areas consistent with the following: • is not required during vibratory or DTH of similar significance. Independent PSOs (i.e., not pile driving activities. construction personnel) who have no If a marine mammal is present within Monitoring and Reporting other assigned tasks during monitoring the shutdown zone, ramping up will be In order to issue an LOA for an periods must be used; • delayed until the PSO has determined, activity, section 101(a)(5)(A) of the At least one PSO must have prior through sighting, that the animal(s) has MMPA states that NMFS must set forth experience performing the duties of a moved outside the shutdown zone. If a requirements pertaining to the PSO during construction activity marine mammal is present in the Level monitoring and reporting of such taking. pursuant to a NMFS-issued incidental A or Level B harassment zone, ramping take authorization; NMFS’ MMPA implementing • up may begin and a Level A or Level B regulations further describe the Other PSOs may substitute harassment take will be recorded. If a information that an applicant should education (degree in biological science marine mammal is present in the Level provide when requesting an or related field) or training for A or Level B harassment zone, HRCP experience; authorization (50 CFR 216.104 (a)(13)), • may elect to delay ramping up to avoid including the means of accomplishing Where a team of three or more PSOs a Level A or Level B harassment take. the necessary monitoring and reporting is required, a lead observer or To avoid a take by Level A or Level B that will result in increased knowledge monitoring coordinator must be harassment, ramping up will begin only of the species and the level of taking or designated. The lead observer must have after the PSO has determined, through impacts on populations of marine prior experience working as a marine sighting, that the animal(s) has moved mammals. Monitoring and reporting mammal observer during construction; outside the corresponding Level A or requirements prescribed by NMFS and • HRCP must submit PSO Curriculum Level B harassment zone or 15 minutes should contribute to improved Vitae for approval by NMFS prior to the have passed. understanding of one or more of the onset of pile driving. following: Pre-Activity Monitoring PSOs must have the following • Occurrence of marine mammal Prior to the start of daily in-water additional qualifications: construction activity, or whenever a species or stocks in the area in which • Ability to conduct field break in pile driving of 30 minutes or take is anticipated (e.g., presence, observations and collect data according longer occurs, PSOs will observe the abundance, distribution, density); • to assigned protocols; shutdown and monitoring zones for a Nature, scope, or context of likely • Experience or training in the field period of 30 minutes. The shutdown marine mammal exposure to potential identification of marine mammals, zone will be cleared when a marine stressors/impacts (individual or including the identification of mammal has not been observed within cumulative, acute or chronic), through behaviors; the zone for that 30-minute period. If a better understanding of: (1) Action or • Sufficient training, orientation, or marine mammal is observed within the environment (e.g., source experience with the construction shutdown zone, a soft-start cannot characterization, propagation, ambient operation to provide for personal safety proceed until the animal has left the noise); (2) affected species (e.g., life during observations; zone or has not been observed for 15 history, dive patterns); (3) co-occurrence • Writing skills sufficient to prepare a minutes. If the Level A and Level B of marine mammal species with the report of observations including but not harassment zones have been observed action; or (4) biological or behavioral limited to the number and species of for 30 minutes and non-permitted context of exposure (e.g., age, calving or marine mammals observed; dates and species are not present within the zone, feeding areas); times when in-water construction soft start procedures can commence and • Individual marine mammal activities were conducted; dates, times, work can continue even if visibility responses (behavioral or physiological) and reason for implementation of becomes impaired within the Level A or to acoustic stressors (acute, chronic, or mitigation (or why mitigation was not Level B harassment monitoring zones. cumulative), other stressors, or implemented when required); and When a marine mammal permitted for cumulative impacts from multiple marine mammal behavior; and take by Level A or Level B harassment stressors; • Ability to communicate orally, by is present in the Level A or Level B • How anticipated responses to radio or in person, with project harassment zone, activities may begin stressors impact either: (1) Long-term personnel to provide real-time and Level A or Level B harassment take fitness and survival of individual information on marine mammals will be recorded as appropriate. If work marine mammals; or (2) populations, observed in the area as necessary. ceases for more than 30 minutes, the species, or stocks; PSOs will be positioned at the best pre-activity monitoring of both the Level • Effects on marine mammal habitat practical vantage point(s). The B harassment and shutdown zone will (e.g., marine mammal prey species, position(s) may vary based on commence again. Additionally, in-water acoustic habitat, or other important construction activity and location of construction activity must be delayed or physical components of marine piles or equipment. At least one of the cease, if poor environmental conditions mammal habitat); and monitoring locations will have an
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unobstructed view of the pile being as observer requirements when individual animals taken and the driven, and an unobstructed view of the construction is taking place within the number of incidences of take, such as Level A shutdown and Level B bay. The Bay is relatively small and will ability to track groups or individuals. harassment zones, Core Monitoring be monitored from the construction site If no comments are received from Area, as well as the 100-meter shutdown by one to two observers. NMFS within 30 days, the draft report zone. will constitute the final report. If Between one and five PSOs will be Reporting comments are received, a final report stationed at locations offering the best HRCP would submit an annual draft addressing NMFS comments must be available views of the Level A and Level report for each construction year to submitted within 30 days after receipt of B harassment monitoring zones during NMFS within 90 calendar days of the comments. in-water pile installation and removal, completion of marine mammal In the event that personnel involved depending on where active in-water monitoring. A final annual report will in the construction activities discover work is taking place. It is anticipated be prepared and submitted to NMFS an injured or dead marine mammal, that a PSO will observe from the North within 30 days following receipt of HRCP shall report the incident to the Island when in-water pile installation is comments on the draft report from Office of Protected Resources (OPR) occurring at the North Island and North NMFS. (301–427–8401), NMFS and to the Trestle. If the view field is adequate, The report will detail the monitoring Greater Atlantic Region New England/ Level A and Level B harassment zones protocol and summarize the data Mid-Atlantic Regional Stranding may be monitored for multiple pile recorded during monitoring. Coordinator as soon as feasible. If the driving locations by the same individual Specifically, the report must include death or injury was clearly caused by PSO. Two PSOs will be located at the • Dates and times (begin and end) of the specified activity, HRCP must South Island, where they will monitor all marine mammal monitoring; immediately cease the specified for marine mammals passing into and • Construction activities occurring activities until NMFS is able to review out of the Core Monitoring Area as well during each daily observation period, the circumstances of the incident and as monitor the active hammer sites. This including how many and what type of determine what, if any, additional location also provides good views to the piles were driven or removed and by measures are appropriate to ensure east for monitoring when zones extend what method (i.e., impact or vibratory); compliance with the terms of the • beyond the Core Monitoring Area into Environmental conditions during authorization. HRCP must not resume Chesapeake Bay. One PSO will be monitoring periods (at beginning and their activities until notified by NMFS. stationed on Willoughby Spit or a end of PSO shift and whenever The report must include the following similar location that offers the best conditions change significantly), information: available views of the Level A and Level including Beaufort sea state and any i. Time, date, and location (latitude/ B harassment monitoring zones during other relevant weather conditions longitude) of the first discovery (and in-water pile installation and removal including cloud cover, fog, sun glare, updated location information if known within Willoughby Bay. Finally, on days and overall visibility to the horizon, and and applicable); when use of multiple hammers is estimated observable distance (if less ii. Species identification (if known) or planned and it is anticipated that the than the harassment zone distance); and description of the animal(s) involved; Level B harassment isopleth will percentages of Level A and Level B iii. Condition of the animal(s) encompass the CBBT, a PSO will be harassment zones that are not visible; (including carcass condition if the located on one of the CBBT Portal • The number of marine mammals animal is dead); Islands to monitor the extended observed, by species, relative to the pile iv. Observed behaviors of the ensonified area. A central position will location and if pile driving or removal animal(s), if alive; generally be staffed by the lead PSO, was occurring at time of sighting; v. If available, photographs or video who will monitor the shutdown zones • Age and sex class, if possible, of all footage of the animal(s); and and communicate with construction marine mammals observed; vi. General circumstances under personnel about shutdowns and take • PSO locations during marine which the animal was discovered. management. PSOs at the pile mammal monitoring; Negligible Impact Analysis and • Distances and bearings of each installation and removal locations will Determination be able to see at least a radius around marine mammal observed to the pile the construction site that exceeds the being driven or removed for each NMFS has defined negligible impact largest Level A harassment zone. PSOs sighting (if pile driving or removal was as an impact resulting from the will watch for marine mammals occurring at time of sighting); specified activity that cannot be entering and leaving the James River • Description of any marine mammal reasonably expected to, and is not and will alert the lead PSO of the behavior patterns during observation, reasonably likely to, adversely affect the number and species sighted, so that no including direction of travel and species or stock through effects on unexpected marine mammals will estimated time spent within the Level A annual rates of recruitment or survival approach the construction site. This will and Level B harassment zones while the (50 CFR 216.103). A negligible impact minimize Level A harassment take of all source was active; finding is based on the lack of likely species. • Number of marine mammals adverse effects on annual rates of Decibel addition is not a detected within the harassment zones, recruitment or survival (i.e., population- consideration when sound fields do not by species; level effects). An estimate of the number overlap at the sound sources. • Detailed information about any of takes alone is not enough information Willoughby Bay is largely surrounded implementation of any mitigation on which to base an impact by land, and sound will be prevented triggered (e.g., shutdowns and delays), a determination. In addition to from propagating to other Project description of specific actions that considering estimates of the number of construction sites. Therefore, ensued, and resulting behavior of the marine mammals that might be ‘‘taken’’ Willoughby Bay will be treated as an animal, if any; and through harassment, NMFS considers independent site with its own • Description of attempts to other factors, such as the likely nature monitoring and shutdown zones, as well distinguish between the number of of any responses (e.g., intensity,
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duration), the context of any responses Localized noise exposures produced by exacerbate or compound upon the (e.g., critical reproductive time or project activities may cause short-term ongoing UME. location, migration), as well as effects behavioral modifications in affected With regard to humpback whales, the on habitat, and the likely effectiveness cetaceans and pinnipeds. However, as UME does not yet provide cause for of the mitigation. We also assess the described previously, the mitigation and concern regarding population-level number, intensity, and context of monitoring measures are expected to impacts. Despite the UME, the relevant estimated takes by evaluating this further reduce the likelihood of injury population of humpback whales (the information relative to population as well as reduce behavioral West Indies breeding population, or status. Consistent with the 1989 disturbances. distinct population segment (DPS)) preamble for NMFS’s implementing Effects on individuals that are taken remains healthy. Prior to 2016, regulations (54 FR 40338; September 29, by Level B harassment, on the basis of humpback whales were listed under the 1989), the impacts from other past and reports in the literature as well as ESA as an endangered species ongoing anthropogenic activities are monitoring from other similar activities, worldwide. Following a 2015 global incorporated into this analysis via their will likely be limited to reactions such status review (Bettridge et al., 2015), impacts on the environmental baseline as increased swimming speeds, NMFS established 14 DPSs with (e.g., as reflected in the regulatory status increased surfacing time, or decreased different listing statuses (81 FR 62259; of the species, population size and foraging (if such activity were occurring) September 8, 2016) pursuant to the ESA. growth rate where known, ongoing (e.g., Thorson and Reyff 2006). The West Indies DPS, which consists of sources of human-caused mortality, or Individual animals, even if taken the whales whose breeding range ambient noise levels). multiple times, will most likely move includes the Atlantic margin of the To avoid repetition, this introductory away from the sound source and be Antilles from Cuba to northern discussion of our analyses applies to all temporarily displaced from the areas of Venezuela, and whose feeding range of the species listed in Table 31, given pile driving, although even this reaction primarily includes the Gulf of Maine, that many of the anticipated effects of has been observed primarily only in eastern Canada, and western Greenland, this project on different marine mammal association with impact pile driving. was delisted. The status review stocks are expected to be relatively The pile driving activities analyzed here identified harmful algal blooms, vessel similar in nature. Where there are are similar to, or less impactful than, collisions, and fishing gear meaningful differences between species numerous other construction activities entanglements as relevant threats for or stocks in anticipated individual conducted along the Atlantic coast, this DPS, but noted that all other threats responses to activities, impact of which have taken place with no known are considered likely to have no or expected take on the population due to long-term adverse consequences from minor impact on population size or the differences in population status, or behavioral harassment. Furthermore, growth rate of this DPS (Bettridge et al., impacts on habitat, they are described many projects similar to this one are 2015). As described in Bettridge et al. independently in the analysis below. also believed to result in multiple takes (2015), the West Indies DPS has a Pile driving activities associated with of individual animals without any substantial population size (i.e., 12,312 the project, as outlined previously, have documented long-term adverse effects. (95 percent CI 8,688–15,954) whales in the potential to disturb or displace Level B harassment will be minimized 2004–05 (Bettridge et al. 2003)), and marine mammals. Specifically, the through use of mitigation measures appears to be experiencing consistent specified activities may result in take, in described herein and, if sound produced growth. Further, NMFS is authorizing the form of Level B harassment from by project activities is sufficiently no more than 37 takes by Level A and underwater sounds generated by pile disturbing, animals are likely to simply Level B harassment annually of driving. Potential takes could occur if avoid the area while the activity is humpback whale. marine mammals are present in zones occurring, particularly as the project is For the WNA stock of harbor seals, ensonified above the thresholds for located on a busy waterfront with high the estimated abundance is 75,834 Level B harassment, identified above, amounts of vessel traffic. individuals. The estimated M/SI for this while activities are underway. No As previously described, UMEs have stock (350) is well below the PBR serious injury or mortality would be been declared for Northeast pinnipeds (2,006). As such, authorized Level A expected even in the absence of (including harbor seal and gray seal) and Level B harassment takes of harbor mitigation measures. and Atlantic humpback whales. seal are not expected to exacerbate or A limited number of animals could However, we do not expect authorized compound upon the ongoing UMEs. experience Level A harassment in the takes to exacerbate or compound upon The project is also not expected to form of PTS if they remain within the these ongoing UMEs. As noted have significant adverse effects on Level A harassment zone long enough previously, no injury, serious injury, or affected marine mammals’ habitats. The during certain impact driving scenarios. mortality is expect or authorized, and project activities will not modify However, the number of animal affected Level A and Level B harassment takes existing marine mammal habitat for a and the degree of injury is expected to of humpback whale, harbor seal and significant amount of time. The be limited to, at most, mild PTS. gray seal will be reduced to the level of activities may cause some fish to leave Furthermore, the reproduction or least practicable adverse impact through the area of disturbance, thus temporarily survival of the individual animals is not the incorporation of the required impacting marine mammals’ foraging likely to affected. It is expected that, if mitigation measures. For the WNA stock opportunities in a limited portion of the hearing impairments occurs, most likely of gray seal, the estimated stock foraging range; but, because of the the affected animal would lose a few dB abundance is 451,431 animals, relatively small area of the habitat that in its hearing sensitivity, which in most including the Canadian portion of the may be affected (with no known cases is not likely to affect its survival stock (estimated 27,131 animals in the particular importance to marine and recruitment. U.S. portion of the stock). Given that mammals), the impacts to marine HRCP’s planned pile driving activities only 7 takes by Level B harassment and mammal habitat are not expected to and associated impacts will occur two takes by Level A harassment are cause significant or long-term negative within a limited portion of the authorized for this stock annually, we consequences. Furthermore, there are no confluence of the Chesapeake Bay area. do not expect this authorization to known biologically important areas
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(BIAs), ESA-designated critical habitat, harbor seal, and gray seal comprises less coastal waters north of Cape Lookout, rookeries, or features of special than one-third of the best available stock North Carolina, to Assateague, Virginia, significance for foraging or abundance estimate for each of these including the Chesapeake Bay. There is reproduction. stocks (Table 31). The maximum likely some overlap between the In summary and as described above, number of animals authorized to be northern and southern migratory stocks the following factors primarily support taken from these stocks would be during spring and fall migrations, but our determination that the impacts considered small relative to the relevant the extent of overlap is unknown. resulting from this activity are not stock’s abundances even if each The Chesapeake Bay and waters expected to adversely affect the species estimated taking occurred to a new offshore of its mouth are located on the or stock through effects on annual rates individual, which is an unlikely periphery of the migratory ranges of of recruitment or survival: scenario. both coastal stocks (although during • No serious injury or mortality is Three bottlenose dolphin stocks could different seasons). Additionally, each of anticipated or authorized; occur in the project area: WNA Coastal the migratory coastal stocks are likely to • Authorized Level A harassment Northern Migratory, WNA Coastal be located in the vicinity of the would be limited and of low degree; Southern Migratory, and NNCES stocks. Chesapeake Bay for relatively short • The intensity of anticipated takes Therefore, the estimated takes of timeframes. Given the limited number by Level B harassment is relatively low bottlenose dolphin by Level B of animals from each migratory coastal for all stocks; harassment would likely be portioned stock likely to be found at the seasonal • The number of anticipated takes is among these stocks. Based on the stocks’ migratory boundaries of their respective very low for humpback whale, harbor respective occurrence in the area, NMFS ranges, in combination with the short porpoise, and gray seal; estimated that there would be no more time periods (∼two months) animals • The specified activity and than 200 takes from the NNCES stock might remain at these boundaries, it is associated ensonifed areas are very each year over the five-year period, with reasonable to assume that takes are small relative to the overall habitat the remaining takes evenly split likely to occur to only a small portion ranges of all species and do not include between the northern and southern of either of the migratory coastal stocks. habitat areas of special significance; migratory coastal stocks. Based on Both migratory coastal stocks likely • The lack of anticipated significant consideration of various factors overlap with the NNCES stock at or long-term negative effects to marine described below, we have determined various times during their seasonal mammal habitat; and the maximum number of individuals migrations. The NNCES stock is defined • The presumed efficacy of the taken per year would likely comprise as animals that primarily occupy waters mitigation measures in reducing the less than one-third of the best available of the Pamlico Sound estuarine system effects of the specified activity. population abundance estimate of either (which also includes Core, Roanoke, Based on the analysis contained coastal migratory stock. and Albemarle sounds, and the Neuse herein of the likely effects of the Both the WNA Coastal Northern River) during warm water months (July- specified activity on marine mammals Migratory and WNA Coastal Southern August). Animals from this stock also and their habitat, and taking into Migratory stocks have expansive ranges use coastal waters (≤1 km from shore) of consideration the implementation of the and they are the only dolphin stocks North Carolina from Beaufort north to planned monitoring and mitigation thought to make broad-scale, seasonal Virginia Beach, Virginia, including the measures, NMFS finds that the total migrations in coastal waters of the lower Chesapeake Bay. Comparison of marine mammal take from the planned western North Atlantic. Given the large dolphin photo-identification data activity will have a negligible impact on ranges associated with these stocks it is confirmed that limited numbers of all affected marine mammal species or unlikely that large segments of either individual dolphins observed in stocks. stock would approach the project area Roanoke Sound have also been sighted and enter into the Chesapeake Bay. The in the Chesapeake Bay (Young, 2018). Small Numbers majority of both stocks are likely to be Like the migratory coastal dolphin As noted above, only small numbers found widely dispersed across their stocks, the NNCES stock covers a large of incidental take may be authorized respective habitat ranges and unlikely to range. The spatial extent of most small under section 101(a)(5)(A) of the MMPA be concentrated in or near the and resident bottlenose dolphin for specified activities other than Chesapeake Bay. populations is on the order of 500 km2, military readiness activities. The MMPA Furthermore, the Chesapeake Bay and while the NNCES stock occupies over does not define small numbers and so, nearby offshore waters represent the 8,000 km2 (LeBrecque et al., 2015). in practice, where estimated numbers boundaries of the ranges of each of the Given this large range, it is again are available, NMFS compares the two coastal stocks during migration. The unlikely that a preponderance of number of individuals taken to the most WNA Coastal Northern Migratory stock animals from the NNCES stock would appropriate estimation of abundance of occurs during warm water months from depart the North Carolina estuarine the relevant species or stock in our coastal Virginia, including the system and travel to the northern extent determination of whether an Chesapeake Bay to Long Island, New of the stock’s range. However, recent authorization is limited to small York. The stock migrates south in late evidence suggests that there is likely a numbers of marine mammals. When the summer and fall. During cold-water small resident community of NNCES predicted number of individuals to be months, dolphins may occur in coastal dolphins of indeterminate size that taken is fewer than one third of the waters from Cape Lookout, North inhabits the Chesapeake Bay year-round species or stock abundance, the take is Carolina, to the North Carolina/Virginia (E. Patterson, NMFS, pers. comm.). considered to be of small numbers. border. During January–March, the Many of the dolphin observations in Additionally, other qualitative factors WNA Coastal Southern Migratory stock the Bay are likely repeated sightings of may be considered in the analysis, such appears to move as far south as northern the same individuals. The Potomac- as the temporal or spatial scale of the Florida. From April to June, the stock Chesapeake Dolphin Project has activities. moves back north to North Carolina. observed over 1,200 unique animals The maximum annual take of take of During the warm water months of July– since observations began in 2015. Re- humpback whale, harbor porpoise, August, the stock is presumed to occupy sightings of the same individual can be
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highly variable. Some dolphins are such species or stocks for taking for Endangered Species Act observed once per year, while others are subsistence purposes. Section 7(a)(2) of the Endangered highly regular with greater than 10 Adaptive Management Species Act of 1973 (ESA: 16 U.S.C. sightings per year (J. Mann, Potomac- 1531 et seq.) requires that each Federal The regulations governing the take of Chesapeake Dolphin Project, pers. agency insure that any action it marine mammals incidental to HRCP comm.). Similarly, using available authorizes, funds, or carries out is not construction activities would contain an photo-identification data, Engelhaupt et likely to jeopardize the continued adaptive management component. The al. (2016) determined that specific existence of any endangered or reporting requirements associated with individuals were often observed in close threatened species or result in the this final rule are designed to provide proximity to their original sighting destruction or adverse modification of NMFS with monitoring data from locations and were observed multiple designated critical habitat. To ensure completed projects to allow times in the same season or same year. ESA compliance for the issuance of consideration of whether any changes Ninety-one percent of re-sighted incidental take authorizations, NMFS are appropriate. The use of adaptive individuals (100 of 110) in the study consults internally whenever we management allows NMFS to consider area were recorded less than 30 km from propose to authorize take for new information from different sources the initial sighting location. Multiple endangered or threatened species. sightings of the same individual would to determine (with input from HRCP No incidental take of ESA-listed considerably reduce the number of regarding practicability) on an annual or species is planned for authorization or individual animals that are taken by biennial basis if mitigation or expected to result from this activity. Level B harassment. Furthermore, the monitoring measures should be Therefore, NMFS has determined that existence of a resident dolphin modified (including additions or formal consultation under section 7 of population in the Bay would increase deletions). Mitigation measures could be the ESA is not required for this action. the percentage of dolphin takes that are modified if new data suggests that such Classification actually re-sightings of the same modifications would have a reasonable individuals in any given year. likelihood of reducing adverse effects to Pursuant to the procedures marine mammals and if the measures In summary and as described above, established to implement Executive are practicable. the following factors primarily support Order 12866, the Office of Management The following are some of the and Budget has determined that this our determination regarding the possible sources of applicable data to be incidental take of small numbers of the rule is not significant. considered through the adaptive Pursuant to section 605(b) of the affected stocks of bottlenose dolphin: management process: (1) Results from • Potential bottlenose dolphin takes Regulatory Flexibility Act (RFA), the monitoring reports, as required by Chief Counsel for Regulation of the in the project area are likely to be MMPA authorizations; (2) results from allocated among three distinct stocks; Department of Commerce certified to general marine mammal and sound the Chief Counsel for Advocacy of the • Bottlenose dolphin stocks in the research; and (3) any information which Small Business Administration at the project area have extensive ranges and reveals that marine mammals may have proposed rule stage that this action will it would be unlikely to find a high been taken in a manner, extent, or not have a significant economic impact percentage of any one stock number not authorized by these on a substantial number of small concentrated in a relatively small area regulations or subsequent LOAs. entities. HRCP is the sole entity that such as the project area or the would be subject to the requirements in Chesapeake Bay; National Environmental Policy Act • these final regulations, and HRCP is not The Chesapeake Bay represents the To comply with the National a small governmental jurisdiction, small migratory boundary for each of the Environmental Policy Act of 1969 organization, or small business, as specified dolphin stocks and it would (NEPA; 42 U.S.C. 4321 et seq.) and defined by the RFA. No comments were be unlikely to find a high percentage of NOAA Administrative Order (NAO) received regarding this certification or any stock concentrated at such 216–6A, NMFS must review the on the economic impacts of the rule boundaries; and proposed action (i.e., the promulgation • more generally. As a result, a regulatory Many of the takes would likely be of regulations and subsequent issuance flexibility analysis is not required and repeats of the same animals and likely of an incidental take authorization) with none has been prepared. from a resident population of the respect to potential impacts on the Notwithstanding any other provision Chesapeake Bay. human environment. of law, no person is required to respond Based on the analysis contained This action is consistent with to nor shall a person be subject to a herein of the planned activity (including categories of activities identified in penalty for failure to comply with a the planned mitigation and monitoring Categorical Exclusion B4 (Incidental collection of information subject to the measures) and the anticipated take of harassment authorizations (IHAs) with requirements of the Paperwork marine mammals, NMFS finds that no anticipated serious injury or Reduction Act (PRA) unless that small numbers of marine mammals will mortality) of the Companion Manual for collection of information displays a be taken relative to the population size NOAA Administrative Order 216–6A, currently valid OMB control number. of the affected species or stocks. which do not individually or This final rule contains collection-of- cumulatively have the potential for information requirements subject to the Unmitigable Adverse Impact Analysis significant impacts on the quality of the and Determination provisions of the PRA. These human environment and for which we requirements have been approved by There are no relevant subsistence uses have not identified any extraordinary OMB under control number 0648–0151 of the affected marine mammal stocks or circumstances that would preclude this and include applications for regulations, species implicated by this action. categorical exclusion. Accordingly, subsequent LOAs, and reports. Therefore, NMFS has determined that NMFS has determined that the issuance the total taking of affected species or of regulations and the LAO qualifies to Waiver of Delay in Effective Date stocks would not have an unmitigable be categorically excluded from further The Assistant Administrator for adverse impact on the availability of NEPA review. Fisheries has determined that there is
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good cause under the Administrative Subpart W—Taking and Importing authorized by an LOA issued under Procedure Act to waive the 30-day delay Marine Mammals Incidental to §§ 216.106 of this chapter and 217.216, in the effective date (5 U.S.C. 553(d)(3)) Hampton Roads Connector Partners it is unlawful for any person to do any of the final rule. HRCP is the only entity Construction at Norfolk, Virginia of the following in connection with the subject to the regulations, and it has activities described in § 217.210: Sec. (1) Violate, or fail to comply with, the informed NMFS that it requests that this 217.210 Specified activity and geographical final rule take effect by March 2021 in terms, conditions, and requirements of region. this subpart or a LOA issued under order to prevent serious impacts that 217.211 Effective dates. would result from any stoppage in the 217.212 Permissible methods of taking. §§ 216.106 of this chapter and 217.216; (2) Take any marine mammal not project construction schedule. Any 217.213 Prohibitions. specified in such LOA; delay of enacting the final rule would 217.214 Mitigation requirements. (3) Take any marine mammal result in either: (1) Suspension of 217.215 Requirements for monitoring and reporting. specified in such LOA in any manner construction on a major road transport 217.216 Letters of Authorization. that is not authorized by the LOA; or infrastructure project at significantly 217.217 Renewals and modifications of (4) Take a marine mammal specified increased cost; or (2) HRCP’s procedural Letters of Authorization. in such LOA if NMFS determines such non-compliance with the MMPA 217.218–217.219 [Reserved] taking results in more than a negligible (should HRCP conduct pile driving and impact on the species or stocks of such Subpart W—Taking and Importing removal without an LOA), thereby marine mammal. Marine Mammals Incidental to resulting in the potential for (b) [Reserved] unauthorized takes of marine mammals. Hampton Roads Connector Partners Due to a project design change occurring Construction at Norfolk, Virginia § 217.214 Mitigation requirements. in September 2020, HRCP requested to § 217.210 Specified activity and (a) When conducting the activities transfer a portion of pile installation geographical region. identified in § 217.210(a), the mitigation measures contained in any LOA issued from the rulemaking/LOA application to (a) Regulations in this subpart apply under §§ 216.106 of this chapter and the recently issued IHA (85 FR 48153; only to the Hampton Roads Connector 217.216 must be implemented. These August 10, 2020). This resulted in the Partners (HRCP) and those persons it mitigation measures shall include but need for submitting a revised authorizes or funds to conduct activities are not limited to: application including re-calculation of on its behalf for the taking of marine (1) A copy of any issued LOA must be estimated take. Given this delay, NMFS mammals that occurs in the areas in the possession of HRCP, its was unable to accommodate the 30-day outlined in paragraph (b) of this section designees, and work crew personnel delay of effectiveness period and issue and that occurs incidental to operating under the authority of the construction activities including marine the LOA to HRCP in time to prevent a issued LOA. work stoppage and associated delay in structure maintenance, pile (2) HRCP shall conduct briefings for the project schedule. Moreover, HRCP is replacement, and select waterfront construction supervisors and crews, the ready to implement the rule improvements at the Hampton Roads monitoring team, and HRCP staff prior immediately. For these reasons, the Bridge Tunnel Expansion Project to the start of all pile driving activity, Assistant Administrator finds good (HRBT). and when new personnel join the work, (b) The taking of marine mammals by cause to waive the 30-day delay in the in order to explain responsibilities, HRCP may be authorized in a Letter of effective date. communication procedures, the marine Authorization (LOA) only if it occurs at mammal monitoring protocol, and List of Subjects in 50 CFR Part 217 the Hampton Roads Bridge Tunnel operational procedures. Expansion project location in the James Administrative practice and (3) For in-water heavy machinery River between Norfolk, VA and work other than pile driving, if a marine procedure, Marine mammals, Oil and Hampton, VA. gas exploration, Penalties, Reporting mammal comes within 10 meters (m), and recordkeeping requirements. § 217.211 Effective dates. HRCP shall cease operations and reduce vessel speed to the minimum level Dated: March 19, 2021. Regulations in this subpart are effective from April 2, 2021 through required to maintain steerage and safe Samuel D. Rauch, III, April 2, 2026. working conditions. Deputy Assistant Administrator for (4) For all pile driving activity, HRCP Regulatory Programs, National Marine § 217.212 Permissible methods of taking. shall implement a minimum shutdown Fisheries Service. (a) Under an LOA issued pursuant to zone of a 10 m radius around the pile. §§ 216.106 of this chapter and 217.216, If a marine mammal comes within or For reasons set forth in the preamble, the Holder of the LOA (hereinafter approaches the shutdown zone, such 50 CFR part 217 is amended as follows: ‘‘HRCP’’) may incidentally, but not operations shall cease. (5) For all pile driving activity, HRCP PART 217—REGULATIONS intentionally, take marine mammals within the area described in shall implement shutdown zones with GOVERNING THE TAKING AND radial distances as identified in a LOA IMPORTING OF MARINE MAMMALS § 217.210(b) by Level A and Level B harassment associated with construction issued under §§ 216.106 of this chapter and 217.216. If a marine mammal comes ■ activities, provided the activity is in 1. The authority citation for part 217 compliance with all terms, conditions, within or approaches the shutdown continues to read as follows: and requirements of the regulations in zone, such operations shall cease. Authority: 16 U.S.C. 1361 et seq., unless this subpart and the applicable LOA. (6) HRCP shall deploy protected otherwise noted. (b) [Reserved] species observers (observers) as indicated in its Marine Mammal ■ 2. Add subpart W, consisting of § 217.213 Prohibitions. Monitoring Plan approved by NMFS. §§ 217.210 through 217.219, to read as (a) Except for the takings (7) For all pile driving activities, follows: contemplated in § 217.22 and between one and four observers shall be
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stationed at the best vantage points mammals and implement shutdown or (b) [Reserved] practicable to monitor for marine delay procedures when applicable mammals and implement shutdown/ through communication with the § 217.215 Requirements for monitoring and reporting. delay procedures. equipment operator. HRCP shall adhere (8) Monitoring shall take place from to the following additional observer (a) HRCP shall submit a Marine 30 minutes prior to initiation of pile qualifications: Mammal Monitoring Plan to NMFS for driving activity through 30 minutes (i) Independent observers are approval in advance of construction. post-completion of pile driving activity. required; (b) HRCP shall deploy observers as Pre-activity monitoring shall be (ii) At least one observer must have indicated in its approved Marine conducted for 30 minutes to ensure that prior experience working as an observer; Mammal Monitoring Plan. the shutdown zone is clear of marine (iii) Other observers may substitute (c) Observers shall be trained in mammals, and pile driving may education (degree in biological science marine mammal identification and commence when observers have or related field) or training for behaviors. Observers shall have no other declared the shutdown zone clear of experience; construction-related tasks while marine mammals. In the event of a delay (iv) Where a team of three or more conducting monitoring. or shutdown of activity resulting from observers are required, one observer (d) HRCP shall monitor the Level B marine mammals in the shutdown zone, shall be designated as lead observer or harassment zones and Level A animals shall be allowed to remain in monitoring coordinator. The lead harassment zones extending beyond the the shutdown zone (i.e., must leave of observer must have prior experience designated shutdown zones to the their own volition) and their behavior working as an observer; and extent practicable. shall be monitored and documented. If (v) HRCP must submit PSO CVs for (e) HRCP shall monitor the shutdown a marine mammal is observed within approval by NMFS prior to the zones during all pile driving and the shutdown zone, a soft-start cannot beginning of pile driving and drilling. removal activities. proceed until the animal has left the (13) HRCP shall use soft start (f) HRCP shall submit a draft annual zone or has not been observed for 15 techniques for impact pile driving. Soft monitoring report to NMFS within 90 minutes. Monitoring shall occur start for impact driving requires HRCP work days of the completion of annual throughout the time required to drive a and those persons it authorizes to marine mammal monitoring. The report pile. If in-water pile installation and provide an initial set of three strikes at must detail the monitoring protocol and removal work ceases for more than 30 reduced energy, followed by a thirty- summarize the data recorded during minutes, the pre-activity monitoring of second waiting period, then two monitoring. If no comments are received the shutdown zones must commence. A subsequent reduced energy three-strike from NMFS within 30 days, the draft determination that the shutdown zone is sets. Soft start shall be implemented at report will constitute the final report. If clear must be made during a period of the start of each day’s impact pile comments are received, a final report good visibility (i.e., the entire shutdown driving and at any time following addressing NMFS comments must be zone and surrounding waters must be cessation of impact pile driving for a submitted within 30 days after receipt of visible to the naked eye). period of thirty minutes or longer. comments. Specifically, the report must (9) If a marine mammal approaches or (14) HRCP shall employ bubble include: enters the shutdown zone, all pile curtain systems during impact driving (1) Dates and times (begin and end) of driving activities at that location shall of steel piles except under conditions all marine mammal monitoring; be halted. In the event of a delay, the where the water depth is less than 20 (2) Construction activities occurring activity may not commence or resume feet in depth. Bubble curtains must meet during each daily observation period, until either the animal has voluntarily the following requirements: including how many and what type of left and been visually confirmed beyond (i) The bubble curtain must distribute piles were driven or removed and by the shutdown zone or fifteen minutes air bubbles around 100 percent of the what method (i.e., impact or vibratory); have passed without re-detection of the piling perimeter for the full depth of the (3) Environmental conditions during animal. water column. monitoring periods (at beginning and (10) Pile driving activity must be (ii) The lowest bubble ring must be in end of PSO shift and whenever halted upon observation of either a contact with the mudline and/or rock conditions change significantly), species for which incidental take is not bottom for the full circumference of the including Beaufort sea state and any authorized or a species for which ring, and the weights attached to the other relevant weather conditions incidental take has been authorized but bottom ring shall ensure 100 percent including cloud cover, fog, sun glare, the authorized number of takes has been mudline and/or rock bottom contact. No and overall visibility to the horizon, met, entering or within the harassment parts of the ring or other objects shall estimated observable distance (if less zone. prevent full mudline and/or rock bottom than the harassment zone distance), and (11) Should environmental conditions contact. percentages of Level A and Level B deteriorate (e.g., fog, heavy rain) such (iii) The bubble curtain must be harassment zones that are not visible; that observers are unable to visibly operated such that there is proper (4) The number of marine mammals detect marine mammals within the (equal) balancing of air flow to all observed, by species, relative to the pile entire shutdown zone then HRCP shall bubblers. location and if pile driving or removal delay pile driving and removal until (iv) HRCP shall require that was occurring at time of sighting; observers are confident marine construction contractors train personnel (5) Age and sex class, if possible, of mammals within the shutdown zone in the proper balancing of air flow to the all marine mammals observed; could be detected. bubblers and corrections to the (6) PSO locations during marine (12) Monitoring shall be conducted by attenuation device to meet the mammal monitoring; trained observers, who shall have no performance standards specified in an (7) Distances and bearings of each other assigned tasks during monitoring LOA issued under §§ 216.106 of this marine mammal observed to the pile periods. Trained observers shall be chapter and § 217.216. This shall occur being driven or removed for each placed at the best vantage point(s) prior to the initiation of pile driving sighting (if pile driving or removal was practicable to monitor for marine activities. occurring at time of sighting);
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(8) Description of any marine HRCP must apply for and obtain an regulations or result in no more than a mammal behavior patterns during LOA. minor change in the total estimated observation, including direction of (b) An LOA, unless suspended or number of takes (or distribution by travel and estimated time spent within revoked, may be effective for a period of species or years), NMFS may publish a the Level A and Level B harassment time not to exceed the expiration date notice of proposed LOA in the Federal zones while the source was active; of these regulations. Register, including the associated (9) Number of marine mammals (c) If an LOA expires prior to the analysis of the change, and solicit detected within the harassment zones, expiration date of these regulations, public comment before issuing the LOA. by species; HRCP may apply for and obtain a (c) An LOA issued under §§ 216.106 (10) Detailed information about any renewal of the LOA. of this chapter and 217.216 for the implementation of any mitigation (d) In the event of projected changes activity identified in § 217.210(a) may triggered (e.g., shutdowns and delays), a to the activity or to mitigation and be modified by NMFS under the description of specific actions that monitoring measures required by an following circumstances: ensued, and resulting behavior of the LOA, HRCP must apply for and obtain animal, if any; and (1) HRCP may modify (including a modification of the LOA as described augment) the existing mitigation, (11) Description of attempts to in § 217.217. distinguish between the number of monitoring, or reporting measures (after (e) The LOA shall set forth the consulting with NMFS regarding the individual animals taken and the following information: number of incidences of take, such as practicability of the modifications) if (1) Permissible methods of incidental doing so creates a reasonable likelihood ability to track groups or individuals; taking; (g) In the event that personnel of more effectively accomplishing the (2) Means of effecting the least goals of the mitigation and monitoring involved in the construction activities practicable adverse impact (i.e., discover an injured or dead marine set forth in the preamble for these mitigation) on the species, its habitat, regulations; mammal, HRCP shall report the incident and on the availability of the species for to the Office of Protected Resources subsistence uses; and (i) Possible sources of data that could (OPR) (301–427–8401), NMFS and to (3) Requirements for monitoring and contribute to the decision to modify the the Greater Atlantic Region New reporting. mitigation, monitoring, or reporting England/Mid-Atlantic Regional (f) Issuance of the LOA shall be based measures in a LOA: Stranding Coordinator as soon as on a determination that the level of (A) Results from HRCP’s monitoring feasible. If the death or injury was taking will be consistent with the from previous years; clearly caused by the specified activity, findings made for the total taking (B) Results from other marine HRCP must immediately cease the allowable under these regulations. mammal and/or sound research or specified activities until NMFS is able (g) Notice of issuance or denial of an studies; and to review the circumstances of the LOA shall be published in the Federal incident and determine what, if any, (C) Any information that reveals Register within thirty days of a additional measures are appropriate to marine mammals may have been taken determination. ensure compliance with the terms of the in a manner, extent or number not authorized by these regulations or authorization. HRCP must not resume § 217.217 Renewals and modifications of their activities until notified by NMFS. Letters of Authorization. subsequent LOAs; The report must include the following (a) An LOA issued under §§ 216.106 (ii) If, through adaptive management, information: of this chapter and 217.216 for the the modifications to the mitigation, (1) Time, date, and location (latitude/ activity identified in § 217.210(a) shall monitoring, or reporting measures are longitude) of the first discovery (and be renewed or modified upon request by substantial, NMFS will publish a notice updated location information if known the applicant, provided that: of proposed LOA in the Federal and applicable); (1) The planned specified activity and Register and solicit public comment. (2) Species identification (if known) mitigation, monitoring, and reporting (2) If NMFS determines that an or description of the animal(s) involved; measures, as well as the anticipated emergency exists that poses a significant (3) Condition of the animal(s) impacts, are the same as those described risk to the well-being of the species or (including carcass condition if the and analyzed for these regulations; and stocks of marine mammals specified in animal is dead); a LOA issued pursuant to §§ 216.106 of (4) Observed behaviors of the (2) NMFS determines that the mitigation, monitoring, and reporting this chapter and 217.216, a LOA may be animal(s), if alive; modified without prior notice or (5) If available, photographs or video measures required by the previous LOA under these regulations were opportunity for public comment. Notice footage of the animal(s); and would be published in the Federal (6) General circumstances under implemented. Register within thirty days of the action. which the animal was discovered. (b) For LOA modification or renewal requests by the applicant that include § 217.218–§ 217.219 [Reserved] § 217.216 Letters of Authorization. changes to the activity or the mitigation, (a) To incidentally take marine monitoring, or reporting that do not [FR Doc. 2021–06132 Filed 4–1–21; 8:45 am] mammals pursuant to these regulations, change the findings made for the BILLING CODE 3510–22–P
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