Vol. 86 Monday, No. 19 February 1, 2021

Pages 7615–7786

OFFICE OF THE FEDERAL REGISTER

VerDate Sep 11 2014 17:31 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\01FEWS.LOC 01FEWS II Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021

The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, under the Federal Register Act (44 U.S.C. Ch. 15) Subscriptions: and the regulations of the Administrative Committee of the Federal Paper or fiche 202–512–1800 Register (1 CFR Ch. I). The Superintendent of Documents, U.S. Assistance with public subscriptions 202–512–1806 Government Publishing Office, is the exclusive distributor of the official edition. Periodicals postage is paid at Washington, DC. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 202–512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 1–866–512–1800 Executive Orders, Federal agency documents having general (Toll-Free) applicability and legal effect, documents required to be published FEDERAL AGENCIES by act of Congress, and other Federal agency documents of public Subscriptions: interest. Assistance with Federal agency subscriptions: Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the Email [email protected] issuing agency requests earlier filing. For a list of documents Phone 202–741–6000 currently on file for public inspection, see www.federalregister.gov. The seal of the National Archives and Records Administration The Federal Register Printing Savings Act of 2017 (Pub. L. 115- authenticates the Federal Register as the official serial publication 120) placed restrictions on distribution of official printed copies established under the Federal Register Act. Under 44 U.S.C. 1507, of the daily Federal Register to members of Congress and Federal the contents of the Federal Register shall be judicially noticed. offices. Under this Act, the Director of the Government Publishing The Federal Register is published in paper and on 24x microfiche. Office may not provide printed copies of the daily Federal Register It is also available online at no charge at www.govinfo.gov, a unless a Member or other Federal office requests a specific issue service of the U.S. Government Publishing Office. or a subscription to the print edition. For more information on how to subscribe use the following website link: https:// The online edition of the Federal Register is issued under the www.gpo.gov/frsubs. authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6:00 a.m. each day the Federal Register is published and includes both text and graphics from Volume 1, 1 (March 14, 1936) forward. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800 or 866-512- 1800 (toll free). E-mail, gpocusthelp.com. The annual subscription price for the Federal Register paper edition is $860 plus postage, or $929, for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $330, plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, is based on the number of pages: $11 for an issue containing less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: U.S. Government Publishing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1-866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 86 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Publishing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.

VerDate Sep 11 2014 17:31 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\01FEWS.LOC 01FEWS III

Contents Federal Register Vol. 86, No. 19

Monday, February 1, 2021

Agriculture Department See International Trade Administration See Forest Service See National Oceanic and Atmospheric Administration See National Telecommunications and Information Air Force Department Administration NOTICES NOTICES Environmental Impact Statements; Availability, etc.: Order Denying Export Privileges: United States Air Force F–35A Operational Beddown Air Issam Hamade, 7693–7694 Force Reserve Command, 7715–7716 Community Living Administration Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES NOTICES Program Application Instructions for Adult Protective Agency Information Collection Activities; Proposals, Services Funding, 7726–7728 Submissions, and Approvals: Program Application Instructions for Long-Term Care Report of Multiple Sale or Other Disposition of Certain Ombudsman Program Funds, 7728–7730 Rifles, 7745–7746 Copyright Office, Library of Congress Census Bureau RULES NOTICES Music Modernization Act Transition Period Transfer and Agency Information Collection Activities; Proposals, Reporting of Royalties to the Mechanical Licensing Submissions, and Approvals: Collective; Correction, 7653 Household Pulse Survey, 7692–7693 Corporation for National and Community Service Centers for Disease Control and Prevention NOTICES NOTICES Privacy Act; Matching Program, 7714–7715 Meetings: Disease, Disability, and Injury Prevention and Control Defense Department Special Emphasis Panel, 7725–7726 See Air Force Department Disease, Disability, and Injury Prevention and Control Education Department Special Emphasis Panel: Research Grants for NOTICES Preventing Violence and Violence Related Injury, Meetings: 7724–7725 National Advisory Committee on Institutional Quality Disease, Disability, and Injury Prevention and Control and Integrity, 7716–7718 Special Emphasis Panel: Rigorous Evaluation of Policies for their Impacts on the Primary Prevention Employment and Training Administration of Multiple Forms of Violence, 7726 PROPOSED RULES Statement of Organization, Functions, and Delegations of Strengthening Wage Protections for the Temporary and Authority, 7725 Permanent Employment of Certain Aliens in the United States: Delay of Effective Date, 7656 Civil Rights Commission NOTICES Energy Department Meetings: See Federal Energy Regulatory Commission Maine Advisory Committee, 7690 Nevada Advisory Committee, 7691–7692 Federal Aviation Administration Oregon Advisory Committee, 7689–7691 NOTICES Agency Information Collection Activities; Proposals, Coast Guard Submissions, and Approvals: RULES National Air Tours Safety Standards, 7763–7764 Anchorage: Galveston Harbor, Bolivar Roads Channel, Galveston, TX, Federal Communications Commission 7647–7649 PROPOSED RULES Drawbridge Operations: Captioned Telephone Services Quality Metrics, 7681–7686 New Jersey Intracoastal Waterway, Atlantic City, NJ, Commission Rules to Enable GSO Fixed-Satellite Service 7649–7651 (Space-to-Earth) Operations in the 17.3–17.8 GHz Band, Safety Zone: to Modernize Certain Rules Applicable to 17/24 GHz Super Bowl LV; Hillsborough Bay and River, Tampa, FL, BSS Space Stations, and to Establish Off-Axis Uplink 7651–7653 Power Limits for Extended Ka-Band FSS Operations, 7660–7681 Commerce Department See Census Bureau Federal Energy Regulatory Commission See First Responder Network Authority RULES See Foreign-Trade Zones Board Limiting Authorizations to Proceed with Construction See Industry and Security Bureau Activities Pending Rehearing, 7643–7646

VerDate Sep<11>2014 18:47 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\01FECN.SGM 01FECN IV Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Contents

NOTICES NOTICES Application and Establishing Intervention Deadline: Annual Update of the HHS Poverty Guidelines, 7732–7734 Northern Natural Gas Co., 7719–7720 Extension of Designation of Scarce Materials or Threatened Application: Materials Subject to COVID–19 Hoarding Prevention Lock 7 Hydro Partners, LLC, 7721–7722 Measures; Extension of Effective Date with Sappi North America, Inc., Presumpscot Hydro LLC, Modifications, 7731–7732 7723–7724 Meetings: Combined Filings, 7718, 7723 National Clinical Care Commission, 7730–7731 Request for Extension of Time: Eastern Gas Transmission and Storage, Inc., 7720–7723 Homeland Security Department Waiver Period for Water Quality Certification Application: See Coast Guard Green Mountain Power Corp., 7718

Federal Highway Administration Indian Affairs Bureau NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Requests for Nominations: Submissions, and Approvals, 7764–7767 Self-Governance Practical Reforms and Other Goals to Reinforce the Effectiveness of Self-Governance and Federal Motor Carrier Safety Administration Self-Determination Act Negotiated Rulemaking NOTICES Committee Establishment, 7656–7659 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Industry and Security Bureau Practices of Household Goods Brokers, 7777–7778 NOTICES Qualification of Drivers; Exemption Applications: Order Denying Export Privileges: Epilepsy and Seizure Disorders, 7774–7775 Irma Lizette Trevizo, 7695–7696 Hearing, 7767–7768, 7772–7774 Vision, 7768–7772, 7775–7777 Interior Department Financial Crimes Enforcement Network See Indian Affairs Bureau NOTICES See National Indian Gaming Commission Agency Information Collection Activities; Proposals, See National Park Service Submissions, and Approvals: RULES Renewal Without Change of Regulations Requiring Civil Penalties Inflation Adjustments, 7653–7655 Additional Records to be Made and Retained by Dealers in Foreign Exchange and Additional Records Internal Revenue Service to be Made and Retained by Brokers or Dealers in NOTICES Securities, 7778–7783 Meetings: Taxpayer Advocacy Panel’s Special Projects Committee, First Responder Network Authority 7783 NOTICES Taxpayer Advocacy Panel’s Tax Forms and Publications Meetings: Project Committee, 7784 Combined Board and Board Committees, 7694

Foreign-Trade Zones Board International Trade Administration NOTICES NOTICES Application for Production Authority: Antidumping or Countervailing Duty Investigations, Orders, Teijin Carbon Fibers, Inc.; Foreign-Trade Zone (FTZ) 38; or Reviews, 7697–7698 Spartanburg County, SC, 7695 Antidumping or Countervailing Duty Investigations, Orders, Proposed Production Activity: or Reviews: BMW Manufacturing Co., LLC, Foreign-Trade Zone 38, Certain Pasta from Italy, 7700–7701 Charleston, SC, 7694–7695 Glycine from Thailand, 7697 Initiation of Five-Year (Sunset) Reviews, 7709–7710 Forest Service Prestressed Concrete Steel Wire Strand from Argentina, NOTICES Colombia, Egypt, the Netherlands, Saudi Arabia, Meetings: Taiwan, the Republic of Turkey, and the United Arab Ketchikan Resource Advisory Committee, 7688–7689 Emirates, 7703–7705 Saguache–Upper Rio Grande Resource Advisory Certain Upcoming 2021 Trade Missions, 7705–7709 Committee, 7688 Determination of Sales at Less Than Fair Value: Southern Montana Resource Advisory Committee, 7689 Seamless Refined Copper Pipe and Tube from the Socialist Republic of Vietnam, 7698–7700 Government Ethics Office Determination of Sales At Less Than Fair Value: RULES Silicon Metal from Malaysia, 7701–7703 Civil Monetary Penalties Inflation Adjustments for Ethics in Standard Steel Welded Wire Mesh from Mexico; Government Act Violations, 7635–7637 Postponement, Extension of Provisional Measures, 7710–7713 Health and Human Services Department Meetings: See Centers for Disease Control and Prevention United States Travel and Tourism Advisory Board, 7696– See Community Living Administration 7697

VerDate Sep<11>2014 18:47 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\01FECN.SGM 01FECN Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Contents V

International Trade Commission Nuclear Regulatory Commission NOTICES NOTICES Investigations; Determinations, Modifications, and Rulings, Environmental Impact Statements; Availability, etc.: etc.: NextEra Energy Point Beach, LLC; Point Beach Nuclear Certain Seamless Carbon and Alloy Steel Standard, Line, Plant, Units 1 and 2, 7747–7749 and Pressure Pipe from China, 7740–7743 Meetings; Sunshine Act, 7749–7750 Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal, 7734–7737 Postal Service Ironing Tables and Certain Parts Thereof from China, PROPOSED RULES 7737–7740 New Outbound Commercial Provider Initiative Program Potassium Permanganate from China, 7743–7745 Information, 7659–7660 NOTICES Justice Department Meetings; Sunshine Act, 7750 See Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Presidential Documents Filing of Proposed Settlement Agreement Regarding EXECUTIVE ORDERS Environmental Claims in Connection with the Pioneer Climate Crisis at Home and Abroad; Efforts To Tackle (EO Metals Finishing Superfund Site, 7746–7747 14008), 7619–7633 Proposed Consent Decree, 7747 Committees; Establishment, Renewal, Termination, etc.: President’s Council of Advisors on Science and Labor Department Technology; Establishment (EO 14007), 7615–7617 See Employment and Training Administration Securities and Exchange Commission Library of Congress RULES Exemption from the Definition of ‘‘Clearing Agency’’ for See Copyright Office, Library of Congress Certain Activities of Security-Based Swap Dealers and Security-Based Swap Execution Facilities, 7637–7643 National Indian Gaming Commission NOTICES RULES Meetings; Sunshine Act, 7751, 7759–7760 Annual Adjustment of Civil Monetary Penalty To Reflect Self-Regulatory Organizations; Proposed Rule Changes: Inflation, 7646–7647 Cboe BYX Exchange, Inc., 7753–7754 Cboe Exchange, Inc., 7760–7763 National Oceanic and Atmospheric Administration ICE Clear Credit, LLC, 7751–7753 PROPOSED RULES NYSE Arca, Inc., 7754–7757 Meetings: The Nasdaq Stock Market, LLC, 7750–7751, 7757–7759 Endangered and Threatened Species; Designation of Critical Habitat for the Arctic Subspecies of the State Department Ringed Seal and Designation of Critical Habitat for NOTICES the Beringia Distinct Population Segment of the Meetings: Bearded Seal; Public Hearings, 7686–7687 Shipping Coordination Committee; Preparation for NOTICES International Maritime Organization Meeting, 7763 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Transportation Department Sea Grant Program Application Requirements for Grants, See Federal Aviation Administration for Sea Grant Fellowships, including the Dean John See Federal Highway Administration A. Knauss Marine Policy Fellowships, and for See Federal Motor Carrier Safety Administration Designation as a Sea Grant College or Sea Grant Institution, 7713–7714 Treasury Department Taking and Importing Marine Mammals: See Financial Crimes Enforcement Network Training Activities in the Gulf of Alaska Temporary See Internal Revenue Service Maritime Activities Area, 7714 Unified Carrier Registration Plan National Park Service NOTICES NOTICES Meetings; Sunshine Act, 7784 National Register of Historic Places: Pending Nominations and Related Actions, 7734 Veterans Affairs Department NOTICES National Science Foundation Meetings: NOTICES Advisory Committee on Disability Compensation, 7784– Meetings: 7785 Proposal Review Panel for Physics, 7747 National Academic Affiliations Council, 7785

National Telecommunications and Information Administration Reader Aids NOTICES Consult the Reader Aids section at the end of this issue for Meetings: phone numbers, online resources, finding aids, and notice Combined Board and Board Committees, 7694 of recently enacted public laws.

VerDate Sep<11>2014 18:47 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\01FECN.SGM 01FECN VI Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Contents

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/ accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription.

VerDate Sep<11>2014 18:47 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\01FECN.SGM 01FECN Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Executive Orders: 12898 (amended by 14008) ...... 7619 13895 (revoked by 14007) ...... 7615 14007...... 7615 14008...... 7619 Administrative Orders: Memorandums: Memorandum of September 21, 2016 (reinstated by EO 14008) ...... 7619 5 CFR 2634...... 7635 2636...... 7365 17 CFR 240...... 7637 18 CFR 153...... 7643 157...... 7643 20 CFR Proposed Rules: 655...... 7656 656...... 7656 25 CFR 575...... 7646 Proposed Rules: 1000...... 7656 33 CFR 110...... 7647 117...... 7649 165...... 7651 37 CFR 210...... 7653 39 CFR Proposed Rules: 20...... 7659 43 CFR 10...... 7653 47 CFR Proposed Rules: 2...... 7660 25...... 7660 64...... 7681 50 CFR Proposed Rules: 223...... 7686 226...... 7686

VerDate Sep 11 2014 18:43 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\01FELS.LOC 01FELS 7615

Federal Register Presidential Documents Vol. 86, No. 19

Monday, February 1, 2021

Title 3— Executive Order 14007 of January 27, 2021

The President President’s Council of Advisors on Science and Technology

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish an advisory council on science, technology, and innovation, it is hereby ordered as follows: Section 1. Policy. As directed in the Presidential Memorandum of January 27, 2021 (Scientific Integrity and Evidence-Based Policymaking), it is the policy of my Administration to make evidence-based decisions guided by the best available science and data. Officials and employees across my Administration shall seek from scientists, engineers, and other experts the best available scientific and technological information and advice. Sec. 2. Establishment. (a) There is hereby established the President’s Council of Advisors on Science and Technology (PCAST). (b) The PCAST shall be composed of not more than 26 members. The Assistant to the President for Science and Technology (the ‘‘Science Advi- sor’’) shall be a member of the PCAST. The Science Advisor, if also serving as the Director of the Office of Science and Technology Policy, may designate the U.S. Chief Technology Officer as a member. The remaining members shall be distinguished individuals and representatives from sectors outside of the Federal Government appointed by the President. These non-Federal members shall have diverse perspectives and expertise in science, technology, and innovation. (c) The Science Advisor shall serve as a Co-Chair of the PCAST. The President shall also designate at least one, but not more than two, of the non-Federal members to serve as a Co-Chair, or Co-Chairs, of the PCAST with the Science Advisor. The Science Advisor may designate up to three Vice Chairs of the PCAST from among the non-Federal members of the PCAST, to support the Co-Chairs in the leadership and organization of the PCAST. Sec. 3. Functions. (a) The PCAST shall advise the President on matters involving policy affecting science, technology, and innovation, as well as on matters involving scientific and technological information that is needed to inform public policy relating to the economy, worker empowerment, education, energy, the environment, public health, national and homeland security, racial equity, and other topics. (b) The PCAST shall meet regularly and shall: (i) respond to requests from the President or the Science Advisor for information, analysis, evaluation, or advice; (ii) solicit information and ideas from a broad range of stakeholders, including the research community; the private sector; universities; national laboratories; State, local, and Tribal governments; foundations; and non- profit organizations; (iii) serve as the advisory committee identified in section 101(b) of the High-Performance Computing Act of 1991 (Public Law 102–194), as amended (15 U.S.C. 5511(b)), in which capacity the PCAST shall be known as the President’s Innovation and Technology Advisory Committee; and (iv) serve as the advisory panel identified in section 4 of the 21st Century Nanotechnology Research and Development Act (Public Law 108–153),

VerDate Sep<11>2014 15:51 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\01FEE0.SGM 01FEE0 7616 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents

as amended (15 U.S.C. 7503), in which capacity the PCAST shall be known as the National Nanotechnology Advisory Panel. (c) The PCAST shall provide advice from the non-Federal sector to the National Science and Technology Council (NSTC) in response to requests from the NSTC. Sec. 4. Administration. (a) The heads of executive departments and agencies shall, to the extent permitted by law, provide the PCAST with information concerning scientific and technological matters when requested by the PCAST Co-Chairs and as required for the purpose of carrying out the PCAST’s functions. (b) In consultation with the Science Advisor, the PCAST is authorized to create standing subcommittees and ad hoc groups, including technical advisory groups, to assist the PCAST and provide preliminary information directly to the PCAST. (c) In order to allow the PCAST to provide advice and analysis regarding classified matters, the Science Advisor may request that members of the PCAST, its standing subcommittees, or ad hoc groups, who do not hold a current clearance for access to classified information, receive security clearance and access determinations pursuant to Executive Order 12968 of August 2, 1995 (Access to Classified Information), as amended, or any successor order. (d) The Department of Energy shall provide such funding and administrative and technical support as the PCAST may require, to the extent permitted by law and within existing appropriations. (e) Members of the PCAST shall serve without any compensation for their work on the PCAST, but may receive travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermit- tently in the government service (5 U.S.C. 5701–5707). (f) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.), may apply to the PCAST, any functions of the President under that Act, except that of reporting to the Congress, shall be performed by the Secretary of Energy, in accordance with the guidelines and procedures established by the Administrator of General Services. Sec. 5. Termination. The PCAST shall terminate 2 years from the date of this order unless extended by the President. Sec. 6. Revocation. Executive Order 13895 of October 22, 2019 (President’s Council of Advisors on Science and Technology), is hereby revoked. Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

VerDate Sep<11>2014 15:51 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\01FEE0.SGM 01FEE0 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents 7617

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE, January 27, 2021.

[FR Doc. 2021–02176 Filed 1–29–21; 8:45 am] Billing code 3295–F1–P

VerDate Sep<11>2014 15:51 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\01FEE0.SGM 01FEE0 BIDEN.EPS Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents 7619 Presidential Documents

Executive Order 14008 of January 27, 2021

Tackling the Climate Crisis at Home and Abroad

The United States and the world face a profound climate crisis. We have a narrow moment to pursue action at home and abroad in order to avoid the most catastrophic impacts of that crisis and to seize the opportunity that tackling climate change presents. Domestic action must go hand in hand with United States international leadership, aimed at significantly enhancing global action. Together, we must listen to science and meet the moment. By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: PART I—PUTTING THE CLIMATE CRISIS AT THE CENTER OF UNITED STATES FOREIGN POLICY AND NATIONAL SECURITY Section 101. Policy. United States international engagement to address climate change—which has become a climate crisis—is more necessary and urgent than ever. The scientific community has made clear that the scale and speed of necessary action is greater than previously believed. There is little time left to avoid setting the world on a dangerous, potentially catastrophic, climate trajectory. Responding to the climate crisis will require both significant short-term global reductions in greenhouse gas emissions and net-zero global emissions by mid-century or before. It is the policy of my Administration that climate considerations shall be an essential element of United States foreign policy and national security. The United States will work with other countries and partners, both bilat- erally and multilaterally, to put the world on a sustainable climate pathway. The United States will also move quickly to build resilience, both at home and abroad, against the impacts of climate change that are already manifest and will continue to intensify according to current trajectories. Sec. 102. Purpose. This order builds on and reaffirms actions my Administra- tion has already taken to place the climate crisis at the forefront of this Nation’s foreign policy and national security planning, including submitting the United States instrument of acceptance to rejoin the Paris Agreement. In implementing—and building upon—the Paris Agreement’s three overarching objectives (a safe global temperature, increased climate resilience, and financial flows aligned with a pathway toward low greenhouse gas emissions and climate-resilient development), the United States will exercise its leadership to promote a significant increase in global climate ambition to meet the climate challenge. In this regard: (a) I will host an early Leaders’ Climate Summit aimed at raising climate ambition and making a positive contribution to the 26th United Nations Climate Change Conference of the Parties (COP26) and beyond. (b) The United States will reconvene the Major Economies Forum on Energy and Climate, beginning with the Leaders’ Climate Summit. In cooperation with the members of that Forum, as well as with other partners as appropriate, the United States will pursue green recovery efforts, initiatives to advance the clean energy transition, sectoral decarbonization, and alignment of financial flows with the objectives of the Paris Agreement, including with respect to coal financing, nature-based solutions, and solutions to other climate-related challenges.

VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 7620 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents

(c) I have created a new Presidentially appointed position, the Special Presidential Envoy for Climate, to elevate the issue of climate change and underscore the commitment my Administration will make toward addressing it. (d) Recognizing that climate change affects a wide range of subjects, it will be a United States priority to press for enhanced climate ambition and integration of climate considerations across a wide range of international fora, including the Group of Seven (G7), the Group of Twenty (G20), and fora that address clean energy, aviation, shipping, the Arctic, the ocean, sustainable development, migration, and other relevant topics. The Special Presidential Envoy for Climate and others, as appropriate, are encouraged to promote innovative approaches, including international multi-stakeholder initiatives. In addition, my Administration will work in partnership with States, localities, Tribes, territories, and other United States stakeholders to advance United States climate diplomacy. (e) The United States will immediately begin the process of developing its nationally determined contribution under the Paris Agreement. The process will include analysis and input from relevant executive departments and agencies (agencies), as well as appropriate outreach to domestic stakeholders. The United States will aim to submit its nationally determined contribution in advance of the Leaders’ Climate Summit. (f) The United States will also immediately begin to develop a climate finance plan, making strategic use of multilateral and bilateral channels and institutions, to assist developing countries in implementing ambitious emissions reduction measures, protecting critical ecosystems, building resilience against the impacts of climate change, and promoting the flow of capital toward climate-aligned investments and away from high-carbon investments. The Secretary of State and the Secretary of the Treasury, in coordination with the Special Presidential Envoy for Climate, shall lead a process to develop this plan, with the participation of the Administrator of the United States Agency for International Development (USAID), the Chief Executive Officer of the United States International Development Fi- nance Corporation (DFC), the Chief Executive Officer of the Millennium Challenge Corporation, the Director of the United States Trade and Develop- ment Agency, the Director of the Office of Management and Budget, and the head of any other agency providing foreign assistance and development financing, as appropriate. The Secretary of State and the Secretary of the Treasury shall submit the plan to the President, through the Assistant to the President for National Security Affairs and the Assistant to the President for Economic Policy, within 90 days of the date of this order. (g) The Secretary of the Treasury shall: (i) ensure that the United States is present and engaged in relevant international fora and institutions that are working on the management of climate-related financial risks; (ii) develop a strategy for how the voice and vote of the United States can be used in international financial institutions, including the World Bank Group and the International Monetary Fund, to promote financing programs, economic stimulus packages, and debt relief initiatives that are aligned with and support the goals of the Paris Agreement; and (iii) develop, in collaboration with the Secretary of State, the Administrator of USAID, and the Chief Executive Officer of the DFC, a plan for promoting the protection of the Amazon rainforest and other critical ecosystems that serve as global carbon sinks, including through market-based mechanisms. (h) The Secretary of State, the Secretary of the Treasury, and the Secretary of Energy shall work together and with the Export-Import Bank of the United States, the Chief Executive Officer of the DFC, and the heads of other agencies and partners, as appropriate, to identify steps through which the United States can promote ending international financing of carbon-

VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents 7621

intensive fossil fuel-based energy while simultaneously advancing sustainable development and a green recovery, in consultation with the Assistant to the President for National Security Affairs. (i) The Secretary of Energy, in cooperation with the Secretary of State and the heads of other agencies, as appropriate, shall identify steps through which the United States can intensify international collaborations to drive innovation and deployment of clean energy technologies, which are critical for climate protection. (j) The Secretary of State shall prepare, within 60 days of the date of this order, a transmittal package seeking the Senate’s advice and consent to ratification of the Kigali Amendment to the Montreal Protocol on Sub- stances that Deplete the Ozone Layer, regarding the phasedown of the production and consumption of hydrofluorocarbons. Sec. 103. Prioritizing Climate in Foreign Policy and National Security. To ensure that climate change considerations are central to United States foreign policy and national security: (a) Agencies that engage in extensive international work shall develop, in coordination with the Special Presidential Envoy for Climate, and submit to the President, through the Assistant to the President for National Security Affairs, within 90 days of the date of this order, strategies and implementation plans for integrating climate considerations into their international work, as appropriate and consistent with applicable law. These strategies and plans should include an assessment of: (i) climate impacts relevant to broad agency strategies in particular countries or regions; (ii) climate impacts on their agency-managed infrastructure abroad (e.g., embassies, military installations), without prejudice to existing requirements regarding assessment of such infrastructure; (iii) how the agency intends to manage such impacts or incorporate risk mitigation into its installation master plans; and (iv) how the agency’s international work, including partner engagement, can contribute to addressing the climate crisis. (b) The Director of National Intelligence shall prepare, within 120 days of the date of this order, a National Intelligence Estimate on the national and economic security impacts of climate change. (c) The Secretary of Defense, in coordination with the Secretary of Com- merce, through the Administrator of the National Oceanic and Atmospheric Administration, the Chair of the Council on Environmental Quality, the Administrator of the Environmental Protection Agency, the Director of Na- tional Intelligence, the Director of the Office of Science and Technology Policy, the Administrator of the National Aeronautics and Space Administra- tion, and the heads of other agencies as appropriate, shall develop and submit to the President, within 120 days of the date of this order, an analysis of the security implications of climate change (Climate Risk Analysis) that can be incorporated into modeling, simulation, war-gaming, and other analyses. (d) The Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall consider the security implications of climate change, including any relevant information from the Climate Risk Analysis described in subsection (c) of this section, in developing the National Defense Strategy, Defense Planning Guidance, Chairman’s Risk Assessment, and other relevant strategy, planning, and programming documents and processes. Starting in January 2022, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall provide an annual update, through the National Security Coun- cil, on the progress made in incorporating the security implications of climate change into these documents and processes. (e) The Secretary of Homeland Security shall consider the implications of climate change in the Arctic, along our Nation’s borders, and to National

VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 7622 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents

Critical Functions, including any relevant information from the Climate Risk Analysis described in subsection (c) of this section, in developing relevant strategy, planning, and programming documents and processes. Starting in January 2022, the Secretary of Homeland Security shall provide an annual update, through the National Security Council, on the progress made in incorporating the homeland security implications of climate change into these documents and processes. Sec. 104. Reinstatement. The Presidential Memorandum of September 21, 2016 (Climate Change and National Security), is hereby reinstated. PART II—TAKING A GOVERNMENT-WIDE APPROACH TO THE CLIMATE CRISIS Sec. 201. Policy. Even as our Nation emerges from profound public health and economic crises borne of a pandemic, we face a climate crisis that threatens our people and communities, public health and economy, and, starkly, our ability to live on planet Earth. Despite the peril that is already evident, there is promise in the solutions—opportunities to create well- paying union jobs to build a modern and sustainable infrastructure, deliver an equitable, clean energy future, and put the United States on a path to achieve net-zero emissions, economy-wide, by no later than 2050. We must listen to science—and act. We must strengthen our clean air and water protections. We must hold polluters accountable for their actions. We must deliver environmental justice in communities all across America. The Federal Government must drive assessment, disclosure, and mitigation of climate pollution and climate-related risks in every sector of our economy, marshaling the creativity, courage, and capital necessary to make our Nation resilient in the face of this threat. Together, we must combat the climate crisis with bold, progressive action that combines the full capacity of the Federal Government with efforts from every corner of our Nation, every level of government, and every sector of our economy. It is the policy of my Administration to organize and deploy the full capacity of its agencies to combat the climate crisis to implement a Government- wide approach that reduces climate pollution in every sector of the economy; increases resilience to the impacts of climate change; protects public health; conserves our lands, waters, and biodiversity; delivers environmental justice; and spurs well-paying union jobs and economic growth, especially through innovation, commercialization, and deployment of clean energy technologies and infrastructure. Successfully meeting these challenges will require the Federal Government to pursue such a coordinated approach from planning to implementation, coupled with substantive engagement by stakeholders, including State, local, and Tribal governments. Sec. 202. White House Office of Domestic Climate Policy. There is hereby established the White House Office of Domestic Climate Policy (Climate Policy Office) within the Executive Office of the President, which shall coordinate the policy-making process with respect to domestic climate-policy issues; coordinate domestic climate-policy advice to the President; ensure that domestic climate-policy decisions and programs are consistent with the President’s stated goals and that those goals are being effectively pursued; and monitor implementation of the President’s domestic climate-policy agenda. The Climate Policy Office shall have a staff headed by the Assistant to the President and National Climate Advisor (National Climate Advisor) and shall include the Deputy Assistant to the President and Deputy National Climate Advisor. The Climate Policy Office shall have such staff and other assistance as may be necessary to carry out the provisions of this order, subject to the availability of appropriations, and may work with established or ad hoc committees or interagency groups. All agencies shall cooperate with the Climate Policy Office and provide such information, support, and assistance to the Climate Policy Office as it may request, as appropriate and consistent with applicable law.

VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents 7623

Sec. 203. National Climate Task Force. There is hereby established a National Climate Task Force (Task Force). The Task Force shall be chaired by the National Climate Advisor. (a) Membership. The Task Force shall consist of the following additional members: (i) the Secretary of the Treasury; (ii) the Secretary of Defense; (iii) the Attorney General; (iv) the Secretary of the Interior; (v) the Secretary of Agriculture; (vi) the Secretary of Commerce; (vii) the Secretary of Labor; (viii) the Secretary of Health and Human Services; (ix) the Secretary of Housing and Urban Development; (x) the Secretary of Transportation; (xi) the Secretary of Energy; (xii) the Secretary of Homeland Security; (xiii) the Administrator of General Services; (xiv) the Chair of the Council on Environmental Quality; (xv) the Administrator of the Environmental Protection Agency; (xvi) the Director of the Office of Management and Budget; (xvii) the Director of the Office of Science and Technology Policy; (xviii) the Assistant to the President for Domestic Policy; (xix) the Assistant to the President for National Security Affairs; (xx) the Assistant to the President for Homeland Security and Counterter- rorism; and (xxi) the Assistant to the President for Economic Policy. (b) Mission and Work. The Task Force shall facilitate the organization and deployment of a Government-wide approach to combat the climate crisis. This Task Force shall facilitate planning and implementation of key Federal actions to reduce climate pollution; increase resilience to the impacts of climate change; protect public health; conserve our lands, waters, oceans, and biodiversity; deliver environmental justice; and spur well-paying union jobs and economic growth. As necessary and appropriate, members of the Task Force will engage on these matters with State, local, Tribal, and territorial governments; workers and communities; and leaders across the various sectors of our economy. (c) Prioritizing Actions. To the extent permitted by law, Task Force members shall prioritize action on climate change in their policy-making and budget processes, in their contracting and procurement, and in their engagement with State, local, Tribal, and territorial governments; workers and communities; and leaders across all the sectors of our economy. USE OF THE FEDERAL GOVERNMENT’S BUYING POWER AND REAL PROPERTY AND ASSET MANAGEMENT Sec. 204. Policy. It is the policy of my Administration to lead the Nation’s effort to combat the climate crisis by example—specifically, by aligning the management of Federal procurement and real property, public lands and waters, and financial programs to support robust climate action. By providing an immediate, clear, and stable source of product demand, increased transparency and data, and robust standards for the market, my Administration will help to catalyze private sector investment into, and

VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 7624 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents

accelerate the advancement of America’s industrial capacity to supply, domestic clean energy, buildings, vehicles, and other necessary products and materials. Sec. 205. Federal Clean Electricity and Vehicle Procurement Strategy. (a) The Chair of the Council on Environmental Quality, the Administrator of General Services, and the Director of the Office and Management and Budget, in coordination with the Secretary of Commerce, the Secretary of Labor, the Secretary of Energy, and the heads of other relevant agencies, shall assist the National Climate Advisor, through the Task Force established in section 203 of this order, in developing a comprehensive plan to create good jobs and stimulate clean energy industries by revitalizing the Federal Government’s sustainability efforts. (b) The plan shall aim to use, as appropriate and consistent with applicable law, all available procurement authorities to achieve or facilitate: (i) a carbon pollution-free electricity sector no later than 2035; and (ii) clean and zero-emission vehicles for Federal, State, local, and Tribal government fleets, including vehicles of the United States Postal Service. (c) If necessary, the plan shall recommend any additional legislation needed to accomplish these objectives. (d) The plan shall also aim to ensure that the United States retains the union jobs integral to and involved in running and maintaining clean and zero-emission fleets, while spurring the creation of union jobs in the manufac- ture of those new vehicles. The plan shall be submitted to the Task Force within 90 days of the date of this order. Sec. 206. Procurement Standards. Consistent with the Executive Order of January 25, 2021, entitled, ‘‘Ensuring the Future Is Made in All of America by All of America’s Workers,’’ agencies shall adhere to the requirements of the Made in America Laws in making clean energy, energy efficiency, and clean energy procurement decisions. Agencies shall, consistent with applicable law, apply and enforce the Davis-Bacon Act and prevailing wage and benefit requirements. The Secretary of Labor shall take steps to update prevailing wage requirements. The Chair of the Council on Environmental Quality shall consider additional administrative steps and guidance to assist the Federal Acquisition Regulatory Council in developing regulatory amendments to promote increased contractor attention on reduced carbon emission and Federal sustainability. Sec. 207. Renewable Energy on Public Lands and in Offshore Waters. The Secretary of the Interior shall review siting and permitting processes on public lands and in offshore waters to identify to the Task Force steps that can be taken, consistent with applicable law, to increase renewable energy production on those lands and in those waters, with the goal of doubling offshore wind by 2030 while ensuring robust protection for our lands, waters, and biodiversity and creating good jobs. In conducting this review, the Secretary of the Interior shall consult, as appropriate, with the heads of relevant agencies, including the Secretary of Defense, the Sec- retary of Agriculture, the Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric Administration, the Secretary of Energy, the Chair of the Council on Environmental Quality, State and Tribal authorities, project developers, and other interested parties. The Secretary of the Interior shall engage with Tribal authorities regarding the development and management of renewable and conventional energy resources on Tribal lands. Sec. 208. Oil and Natural Gas Development on Public Lands and in Offshore Waters. To the extent consistent with applicable law, the Secretary of the Interior shall pause new oil and natural gas leases on public lands or in offshore waters pending completion of a comprehensive review and reconsideration of Federal oil and gas permitting and leasing practices in light of the Secretary of the Interior’s broad stewardship responsibilities over the public lands and in offshore waters, including potential climate and

VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents 7625

other impacts associated with oil and gas activities on public lands or in offshore waters. The Secretary of the Interior shall complete that review in consultation with the Secretary of Agriculture, the Secretary of Commerce, through the National Oceanic and Atmospheric Administration, and the Secretary of Energy. In conducting this analysis, and to the extent consistent with applicable law, the Secretary of the Interior shall consider whether to adjust royalties associated with coal, oil, and gas resources extracted from public lands and offshore waters, or take other appropriate action, to account for corresponding climate costs. Sec. 209. Fossil Fuel Subsidies. The heads of agencies shall identify for the Director of the Office of Management and Budget and the National Climate Advisor any fossil fuel subsidies provided by their respective agencies, and then take steps to ensure that, to the extent consistent with applicable law, Federal funding is not directly subsidizing fossil fuels. The Director of the Office of Management and Budget shall seek, in coordination with the heads of agencies and the National Climate Advisor, to eliminate fossil fuel subsidies from the budget request for Fiscal Year 2022 and thereafter. Sec. 210. Clean Energy in Financial Management. The heads of agencies shall identify opportunities for Federal funding to spur innovation, commercialization, and deployment of clean energy technologies and infrastructure for the Director of the Office of Management and Budget and the National Climate Advisor, and then take steps to ensure that, to the extent consistent with applicable law, Federal funding is used to spur innovation, commercialization, and deployment of clean energy technologies and infrastructure. The Director of the Office of Management and Budget, in coordination with agency heads and the National Climate Advisor, shall seek to prioritize such investments in the President’s budget request for Fiscal Year 2022 and thereafter. Sec. 211. Climate Action Plans and Data and Information Products to Improve Adaptation and Increase Resilience. (a) The head of each agency shall submit a draft action plan to the Task Force and the Federal Chief Sustainability Officer within 120 days of the date of this order that describes steps the agency can take with regard to its facilities and operations to bolster adaptation and increase resilience to the impacts of climate change. Action plans should, among other things, describe the agency’s climate vulnerabilities and describe the agency’s plan to use the power of procurement to increase the energy and water efficiency of United States Government installations, buildings, and facilities and ensure they are climate-ready. Agencies shall consider the feasibility of using the purchasing power of the Federal Govern- ment to drive innovation, and shall seek to increase the Federal Government’s resilience against supply chain disruptions. Such disruptions put the Nation’s manufacturing sector at risk, as well as consumer access to critical goods and services. Agencies shall make their action plans public, and post them on the agency website, to the extent consistent with applicable law. (b) Within 30 days of an agency’s submission of an action plan, the Federal Chief Sustainability Officer, in coordination with the Director of the Office of Management and Budget, shall review the plan to assess its consistency with the policy set forth in section 204 of this order and the priorities issued by the Office of Management and Budget. (c) After submitting an initial action plan, the head of each agency shall submit to the Task Force and Federal Chief Sustainability Officer progress reports annually on the status of implementation efforts. Agencies shall make progress reports public and post them on the agency website, to the extent consistent with applicable law. The heads of agencies shall assign their respective agency Chief Sustainability Officer the authority to perform duties relating to implementation of this order within the agency, to the extent consistent with applicable law. (d) To assist agencies and State, local, Tribal, and territorial governments, communities, and businesses in preparing for and adapting to the impacts of climate change, the Secretary of Commerce, through the Administrator

VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 7626 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents

of the National Oceanic and Atmospheric Administration, the Secretary of Homeland Security, through the Administrator of the Federal Emergency Management Agency, and the Director of the Office of Science and Tech- nology Policy, in coordination with the heads of other agencies, as appropriate, shall provide to the Task Force a report on ways to expand and improve climate forecast capabilities and information products for the public. In addition, the Secretary of the Interior and the Deputy Director for Manage- ment of the Office of Management and Budget, in their capacities as the Chair and Vice-Chair of the Federal Geographic Data Committee, shall assess and provide to the Task Force a report on the potential development of a consolidated Federal geographic mapping service that can facilitate public access to climate-related information that will assist Federal, State, local, and Tribal governments in climate planning and resilience activities. EMPOWERING WORKERS THROUGH REBUILDING OUR INFRASTRUC- TURE FOR A SUSTAINABLE ECONOMY Sec. 212. Policy. This Nation needs millions of construction, manufacturing, engineering, and skilled-trades workers to build a new American infrastructure and clean energy economy. These jobs will create opportunities for young people and for older workers shifting to new professions, and for people from all backgrounds and communities. Such jobs will bring opportunity to communities too often left behind—places that have suffered as a result of economic shifts and places that have suffered the most from persistent pollution, including low-income rural and urban communities, communities of color, and Native communities. Sec. 213. Sustainable Infrastructure. (a) The Chair of the Council on Environ- mental Quality and the Director of the Office of Management and Budget shall take steps, consistent with applicable law, to ensure that Federal infrastructure investment reduces climate pollution, and to require that Federal permitting decisions consider the effects of greenhouse gas emissions and climate change. In addition, they shall review, and report to the National Climate Advisor on, siting and permitting processes, including those in progress under the auspices of the Federal Permitting Improvement Steering Council, and identify steps that can be taken, consistent with applicable law, to accelerate the deployment of clean energy and transmission projects in an environmentally stable manner. (b) Agency heads conducting infrastructure reviews shall, as appropriate, consult from an early stage with State, local, and Tribal officials involved in permitting or authorizing proposed infrastructure projects to develop efficient timelines for decision-making that are appropriate given the complex- ities of proposed projects. EMPOWERING WORKERS BY ADVANCING CONSERVATION, AGRI- CULTURE, AND REFORESTATION Sec. 214. Policy. It is the policy of my Administration to put a new generation of Americans to work conserving our public lands and waters. The Federal Government must protect America’s natural treasures, increase reforestation, improve access to recreation, and increase resilience to wildfires and storms, while creating well-paying union jobs for more Americans, including more opportunities for women and people of color in occupations where they are underrepresented. America’s farmers, ranchers, and forest landowners have an important role to play in combating the climate crisis and reducing greenhouse gas emissions, by sequestering carbon in soils, grasses, trees, and other vegetation and sourcing sustainable bioproducts and fuels. Coastal communities have an essential role to play in mitigating climate change and strengthening resilience by protecting and restoring coastal ecosystems, such as wetlands, seagrasses, coral and oyster reefs, and mangrove and kelp forests, to protect vulnerable coastlines, sequester carbon, and support biodiversity and fisheries. Sec. 215. Civilian Climate Corps. In furtherance of the policy set forth in section 214 of this order, the Secretary of the Interior, in collaboration with the Secretary of Agriculture and the heads of other relevant agencies,

VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents 7627

shall submit a strategy to the Task Force within 90 days of the date of this order for creating a Civilian Climate Corps Initiative, within existing appropriations, to mobilize the next generation of conservation and resilience workers and maximize the creation of accessible training opportunities and good jobs. The initiative shall aim to conserve and restore public lands and waters, bolster community resilience, increase reforestation, increase carbon sequestration in the agricultural sector, protect biodiversity, improve access to recreation, and address the changing climate. Sec. 216. Conserving Our Nation’s Lands and Waters. (a) The Secretary of the Interior, in consultation with the Secretary of Agriculture, the Secretary of Commerce, the Chair of the Council on Environmental Quality, and the heads of other relevant agencies, shall submit a report to the Task Force within 90 days of the date of this order recommending steps that the United States should take, working with State, local, Tribal, and territorial governments, agricultural and forest landowners, fishermen, and other key stakeholders, to achieve the goal of conserving at least 30 percent of our lands and waters by 2030. (i) The Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric Administration, and the Chair of the Council on Environ- mental Quality shall, as appropriate, solicit input from State, local, Tribal, and territorial officials, agricultural and forest landowners, fishermen, and other key stakeholders in identifying strategies that will encourage broad participation in the goal of conserving 30 percent of our lands and waters by 2030. (ii) The report shall propose guidelines for determining whether lands and waters qualify for conservation, and it also shall establish mechanisms to measure progress toward the 30-percent goal. The Secretary of the Interior shall subsequently submit annual reports to the Task Force to monitor progress. (b) The Secretary of Agriculture shall: (i) initiate efforts in the first 60 days from the date of this order to collect input from Tribes, farmers, ranchers, forest owners, conservation groups, firefighters, and other stakeholders on how to best use Department of Agriculture programs, funding and financing capacities, and other authorities, and how to encourage the voluntary adoption of climate-smart agricultural and forestry practices that decrease wildfire risk fueled by climate change and result in additional, measurable, and verifiable carbon reductions and sequestration and that source sustainable bioproducts and fuels; and (ii) submit to the Task Force within 90 days of the date of this order a report making recommendations for an agricultural and forestry climate strategy. (c) The Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric Administration, shall initiate efforts in the first 60 days from the date of this order to collect input from fishermen, regional ocean councils, fishery management councils, scientists, and other stakeholders on how to make fisheries and protected resources more resilient to climate change, including changes in management and conservation measures, and improvements in science, monitoring, and cooperative research. EMPOWERING WORKERS THROUGH REVITALIZING ENERGY COMMU- NITIES Sec. 217. Policy. It is the policy of my Administration to improve air and water quality and to create well-paying union jobs and more opportunities for women and people of color in hard-hit communities, including rural communities, while reducing methane emissions, oil and brine leaks, and other environmental harms from tens of thousands of former mining and well sites. Mining and power plant workers drove the industrial revolution and the economic growth that followed, and have been essential to the growth of the United States. As the Nation shifts to a clean energy economy,

VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 7628 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents

Federal leadership is essential to foster economic revitalization of and investment in these communities, ensure the creation of good jobs that provide a choice to join a union, and secure the benefits that have been earned by workers. Such work should include projects that reduce emissions of toxic substances and greenhouse gases from existing and abandoned infrastructure and that prevent environmental damage that harms communities and poses a risk to public health and safety. Plugging leaks in oil and gas wells and reclaiming abandoned mine land can create well-paying union jobs in coal, oil, and gas communities while restoring natural assets, revitalizing recreation economies, and curbing methane emissions. In addition, such work should include efforts to turn properties idled in these communities, such as brownfields, into new hubs for the growth of our economy. Federal agencies should therefore coordinate investments and other efforts to assist coal, oil and gas, and power plant communities, and achieve substantial reductions of methane emissions from the oil and gas sector as quickly as possible. Sec. 218. Interagency Working Group on Coal and Power Plant Communities and Economic Revitalization. There is hereby established an Interagency Working Group on Coal and Power Plant Communities and Economic Revital- ization (Interagency Working Group). The National Climate Advisor and the Assistant to the President for Economic Policy shall serve as Co-Chairs of the Interagency Working Group. (a) Membership. The Interagency Working Group shall consist of the following additional members: (i) the Secretary of the Treasury; (ii) the Secretary of the Interior; (iii) the Secretary of Agriculture; (iv) the Secretary of Commerce; (v) the Secretary of Labor; (vi) the Secretary of Health and Human Services; (vii) the Secretary of Transportation; (viii) the Secretary of Energy; (ix) the Secretary of Education; (x) the Administrator of the Environmental Protection Agency; (xi) the Director of the Office of Management and Budget; (xii) the Assistant to the President for Domestic Policy and Director of the Domestic Policy Council; and (xiii) the Federal Co-Chair of the Appalachian Regional Commission. (b) Mission and Work. (i) The Interagency Working Group shall coordinate the identification and delivery of Federal resources to revitalize the economies of coal, oil and gas, and power plant communities; develop strategies to implement the policy set forth in section 217 of this order and for economic and social recovery; assess opportunities to ensure benefits and protections for coal and power plant workers; and submit reports to the National Climate Advisor and the Assistant to the President for Economic Policy on a regular basis on the progress of the revitalization effort. (ii) As part of this effort, within 60 days of the date of this order, the Interagency Working Group shall submit a report to the President describ- ing all mechanisms, consistent with applicable law, to prioritize grantmaking, Federal loan programs, technical assistance, financing, procurement, or other existing programs to support and revitalize the economies of coal and power plant communities, and providing recommendations for action consistent with the goals of the Interagency Working Group.

VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents 7629

(c) Consultation. Consistent with the objectives set out in this order and in accordance with applicable law, the Interagency Working Group shall seek the views of State, local, and Tribal officials; unions; environmental justice organizations; community groups; and other persons it identifies who may have perspectives on the mission of the Interagency Working Group. (d) Administration. The Interagency Working Group shall be housed within the Department of Energy. The Chairs shall convene regular meetings of the Interagency Working Group, determine its agenda, and direct its work. The Secretary of Energy, in consultation with the Chairs, shall designate an Executive Director of the Interagency Working Group, who shall coordinate the work of the Interagency Working Group and head any staff assigned to the Interagency Working Group. (e) Officers. To facilitate the work of the Interagency Working Group, the head of each agency listed in subsection (a) of this section shall assign a designated official within the agency the authority to represent the agency on the Interagency Working Group and perform such other duties relating to the implementation of this order within the agency as the head of the agency deems appropriate. SECURING ENVIRONMENTAL JUSTICE AND SPURRING ECONOMIC OP- PORTUNITY Sec. 219. Policy. To secure an equitable economic future, the United States must ensure that environmental and economic justice are key considerations in how we govern. That means investing and building a clean energy economy that creates well-paying union jobs, turning disadvantaged communities—historically marginalized and overburdened—into healthy, thriving communities, and undertaking robust actions to mitigate climate change while preparing for the impacts of climate change across rural, urban, and Tribal areas. Agencies shall make achieving environmental justice part of their missions by developing programs, policies, and activities to address the disproportionately high and adverse human health, environmental, climate-related and other cumulative impacts on disadvantaged communities, as well as the accompanying economic challenges of such impacts. It is therefore the policy of my Administration to secure environmental justice and spur economic opportunity for disadvantaged communities that have been historically marginalized and overburdened by pollution and under- investment in housing, transportation, water and wastewater infrastructure, and health care. Sec. 220. White House Environmental Justice Interagency Council. (a) Section 1–102 of Executive Order 12898 of February 11, 1994 (Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations), is hereby amended to read as follows: ‘‘(a) There is hereby created within the Executive Office of the President a White House Environmental Justice Interagency Council (Interagency Coun- cil). The Chair of the Council on Environmental Quality shall serve as Chair of the Interagency Council. ‘‘(b) Membership. The Interagency Council shall consist of the following additional members: (i) the Secretary of Defense; (ii) the Attorney General; (iii) the Secretary of the Interior; (iv) the Secretary of Agriculture; (v) the Secretary of Commerce; (vi) the Secretary of Labor; (vii) the Secretary of Health and Human Services; (viii) the Secretary of Housing and Urban Development;

VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 7630 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents

(ix) the Secretary of Transportation; (x) the Secretary of Energy; (xi) the Chair of the Council of Economic Advisers; (xii) the Administrator of the Environmental Protection Agency; (xiii) the Director of the Office of Management and Budget; (xiv) the Executive Director of the Federal Permitting Improvement Steering Council; (xv) the Director of the Office of Science and Technology Policy; (xvi) the National Climate Advisor; (xvii) the Assistant to the President for Domestic Policy; and (xviii) the Assistant to the President for Economic Policy. ‘‘(c) At the direction of the Chair, the Interagency Council may establish subgroups consisting exclusively of Interagency Council members or their designees under this section, as appropriate. ‘‘(d) Mission and Work. The Interagency Council shall develop a strategy to address current and historic environmental injustice by consulting with the White House Environmental Justice Advisory Council and with local environmental justice leaders. The Interagency Council shall also develop clear performance metrics to ensure accountability, and publish an annual public performance scorecard on its implementation. ‘‘(e) Administration. The Office of Administration within the Executive Office of the President shall provide funding and administrative support for the Interagency Council, to the extent permitted by law and within existing appropriations. To the extent permitted by law, including the Econ- omy Act (31 U.S.C. 1535), and subject to the availability of appropriations, the Department of Labor, the Department of Transportation, and the Environ- mental Protection Agency shall provide administrative support as necessary. ‘‘(f) Meetings and Staff. The Chair shall convene regular meetings of the Council, determine its agenda, and direct its work. The Chair shall designate an Executive Director of the Council, who shall coordinate the work of the Interagency Council and head any staff assigned to the Council. ‘‘(g) Officers. To facilitate the work of the Interagency Council, the head of each agency listed in subsection (b) shall assign a designated official within the agency to be an Environmental Justice Officer, with the authority to represent the agency on the Interagency Council and perform such other duties relating to the implementation of this order within the agency as the head of the agency deems appropriate.’’ (b) The Interagency Council shall, within 120 days of the date of this order, submit to the President, through the National Climate Advisor, a set of recommendations for further updating Executive Order 12898. Sec. 221. White House Environmental Justice Advisory Council. There is hereby established, within the Environmental Protection Agency, the White House Environmental Justice Advisory Council (Advisory Council), which shall advise the Interagency Council and the Chair of the Council on Environ- mental Quality. (a) Membership. Members shall be appointed by the President, shall be drawn from across the political spectrum, and may include those with knowledge about or experience in environmental justice, climate change, disaster preparedness, racial inequity, or any other area determined by the President to be of value to the Advisory Council. (b) Mission and Work. The Advisory Council shall be solely advisory. It shall provide recommendations to the White House Environmental Justice Interagency Council established in section 220 of this order on how to increase the Federal Government’s efforts to address current and historic environmental injustice, including recommendations for updating Executive Order 12898.

VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents 7631

(c) Administration. The Environmental Protection Agency shall provide funding and administrative support for the Advisory Council to the extent permitted by law and within existing appropriations. Members of the Advi- sory Council shall serve without either compensation or reimbursement of expenses. (d) Federal Advisory Committee Act. Insofar as the Federal Advisory Com- mittee Act, as amended (5 U.S.C. App.), may apply to the Advisory Council, any functions of the President under the Act, except for those in section 6 of the Act, shall be performed by the Administrator of the Environmental Protection Agency in accordance with the guidelines that have been issued by the Administrator of General Services. Sec. 222. Agency Responsibilities. In furtherance of the policy set forth in section 219: (a) The Chair of the Council on Environmental Quality shall, within 6 months of the date of this order, create a geospatial Climate and Economic Justice Screening Tool and shall annually publish interactive maps high- lighting disadvantaged communities. (b) The Administrator of the Environmental Protection Agency shall, within existing appropriations and consistent with applicable law: (i) strengthen enforcement of environmental violations with dispropor- tionate impact on underserved communities through the Office of Enforce- ment and Compliance Assurance; and (ii) create a community notification program to monitor and provide real- time data to the public on current environmental pollution, including emissions, criteria pollutants, and toxins, in frontline and fenceline communities—places with the most significant exposure to such pollution. (c) The Attorney General shall, within existing appropriations and consistent with applicable law: (i) consider renaming the Environment and Natural Resources Division the Environmental Justice and Natural Resources Division; (ii) direct that division to coordinate with the Administrator of the Environ- mental Protection Agency, through the Office of Enforcement and Compli- ance Assurance, as well as with other client agencies as appropriate, to develop a comprehensive environmental justice enforcement strategy, which shall seek to provide timely remedies for systemic environmental violations and contaminations, and injury to natural resources; and (iii) ensure comprehensive attention to environmental justice throughout the Department of Justice, including by considering creating an Office of Environmental Justice within the Department to coordinate environmental justice activities among Department of Justice components and United States Attorneys’ Offices nationwide. (d) The Secretary of Health and Human Services shall, consistent with applicable law and within existing appropriations: (i) establish an Office of Climate Change and Health Equity to address the impact of climate change on the health of the American people; and (ii) establish an Interagency Working Group to Decrease Risk of Climate Change to Children, the Elderly, People with Disabilities, and the Vulner- able as well as a biennial Health Care System Readiness Advisory Council, both of which shall report their progress and findings regularly to the Task Force. (e) The Director of the Office of Science and Technology Policy shall, in consultation with the National Climate Advisor, within existing appropriations, and within 100 days of the date of this order, publish a report identifying the climate strategies and technologies that will result in the most air and water quality improvements, which shall be made public to the maximum extent possible and published on the Office’s website. Sec. 223. Justice40 Initiative. (a) Within 120 days of the date of this order, the Chair of the Council on Environmental Quality, the Director of the

VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 7632 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents

Office of Management and Budget, and the National Climate Advisor, in consultation with the Advisory Council, shall jointly publish recommendations on how certain Federal investments might be made toward a goal that 40 percent of the overall benefits flow to disadvantaged communities. The recommendations shall focus on investments in the areas of clean energy and energy efficiency; clean transit; affordable and sustainable housing; training and workforce development; the remediation and reduction of legacy pollution; and the development of critical clean water infrastructure. The recommendations shall reflect existing authorities the agencies may possess for achieving the 40-percent goal as well as recommendations on any legislation needed to achieve the 40-percent goal. (b) In developing the recommendations, the Chair of the Council on Envi- ronmental Quality, the Director of the Office of Management and Budget, and the National Climate Advisor shall consult with affected disadvantaged communities. (c) Within 60 days of the recommendations described in subsection (a) of this section, agency heads shall identify applicable program investment funds based on the recommendations and consider interim investment guidance to relevant program staff, as appropriate and consistent with applicable law. (d) By February 2022, the Director of the Office of Management and Budget, in coordination with the Chair of the Council on Environmental Quality, the Administrator of the United States Digital Service, and other relevant agency heads, shall, to the extent consistent with applicable law, publish on a public website an annual Environmental Justice Scorecard detailing agency environmental justice performance measures. PART III—GENERAL PROVISIONS Sec. 301. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget, relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents 7633

THE WHITE HOUSE, January 27, 2021.

[FR Doc. 2021–02177 Filed 1–29–21; 8:45 am] Billing code 3295–F1–P

VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 BIDEN.EPS 7635

Rules and Regulations Federal Register Vol. 86, No. 19

Monday, February 1, 2021

This section of the FEDERAL REGISTER The Ethics in Government Act of 1978 Applying the formula established by contains regulatory documents having general as amended, 5 U.S.C. appendix (the the 2015 Act and OMB guidance, OGE applicability and legal effect, most of which Ethics Act) provides for five CMPs.1 is amending the Ethics Act CMPs are keyed to and codified in the Code of Specifically, the Ethics Act provides for through this rulemaking to: Federal Regulations, which is published under penalties that can be assessed by an (1) Increase the three penalties 50 titles pursuant to 44 U.S.C. 1510. appropriate United States district court, reflected in 5 CFR 2634.702(a), 5 CFR The Code of Federal Regulations is sold by based upon a civil action brought by the 2634.703, and 5 CFR 2636.104(a)— the Superintendent of Documents. Department of Justice, for the following which were previously adjusted to a five types of violations: maximum of $20,489—to a maximum of (1) Knowing and willful failure to file, $20,731; OFFICE OF GOVERNMENT ETHICS report required information on, or (2) Increase the penalty reflected in 5 falsification of a public financial CFR 2634.702(b)—which was 5 CFR Parts 2634 and 2636 disclosure report, 5 U.S.C. appendix previously adjusted to a maximum of RIN 3209–AA55 104(a), 5 CFR 2634.701(b); $10,245—to a maximum of $10,366; and (2) Knowing and willful breach of a (3) Increase the penalty reflected in 5 2021 Civil Monetary Penalties Inflation qualified trust by trustees and interested CFR 2634.701(b)—which was Adjustments for Ethics in Government parties, 5 U.S.C. appendix previously adjusted to a maximum of Act Violations 102(f)(6)(C)(i), 5 CFR 2634.702(a); $61,585—to a maximum of $62,313. (3) Negligent breach of a qualified These adjusted penalty amounts will AGENCY: Office of Government Ethics. trust by trustees and interested parties, apply to penalties assessed after January ACTION: Final rule. 5 U.S.C. appendix 102(f)(6)(C)(ii), 5 CFR 15, 2021 (the applicability date of this 2634.702(b); SUMMARY: final rule) whose associated violations In accordance with the (4) Misuse of a public report, 5 U.S.C. Federal Civil Penalties Inflation occurred after November 2, 2015. appendix 105(c)(2), 5 CFR 2634.703; OGE will continue to make future Adjustment Act Improvements Act of and 2015, the U.S. Office of Government annual inflationary adjustments to the (5) Violation of outside employment/ Ethics Act CMPs in accordance with the Ethics is issuing this final rule to make activities provisions, 5 U.S.C. appendix the 2021 annual adjustments to the statutory formula set forth in the 2015 504(a), 5 CFR 2636.104(a). Act and OMB guidance. Ethics in Government Act civil In compliance with the 2015 Act and monetary penalties. guidance issued by the Office of II. Matters of Regulatory Procedure DATES: Management and Budget (OMB), the Administrative Procedure Act Effective date: This final rule is U.S. Office of Government Ethics (OGE) effective February 1, 2021. made previous inflationary adjustments Pursuant to 5 U.S.C. 553(b), as Applicability date: This final rule is to the five Ethics Act CMPs, and is Director of the Office of Government applicable beginning January 15, 2021. issuing this rulemaking to effectuate the Ethics, I find that good cause exists for FOR FURTHER INFORMATION CONTACT: 2021 annual inflationary adjustments to waiving the general notice of proposed Margaret Dylus-Yukins, Assistant those CMPs. In accordance with the rulemaking and public comment Counsel, General Counsel and Legal 2015 Act, these adjustments are based procedures as to these technical Policy Division, Office of Government on the percent change between the amendments. The notice and comment Ethics, Telephone: 202–482–9300; TTY: Consumer Price Index for all Urban procedures are being waived because 800–877–8339; FAX: 202–482–9237. Consumers (CPI–U) for the month of these amendments, which concern SUPPLEMENTARY INFORMATION: October preceding the date of the matters of agency organization, procedure and practice, are being I. Background adjustment, and the prior year’s October CPI–U. Pursuant to OMB guidance, the adopted in accordance with statutorily In November 2015, Congress passed cost-of-living adjustment multiplier for mandated inflation adjustment the Federal Civil Penalties Inflation 2021, based on the CPI–U for October procedures of the 2015 Act, which Adjustment Act Improvements Act of 2020, not seasonally adjusted, is specifies that agencies shall adjust civil 2015 (Sec. 701 of Pub. L. 114–74) (the 1.01182. To calculate the 2021 annual monetary penalties notwithstanding 2015 Act), which further amended the adjustment, agencies must multiply the Section 553 of the Administrative Federal Civil Penalties Inflation most recent penalty by the 1.01182 Procedure Act. It is also in the public Adjustment Act of 1990 (Pub. L. 101– multiplier, and round to the nearest interest that the adjusted rates for civil 410). The 2015 Act required Federal dollar. monetary penalties under the Ethics in agencies to make inflationary Government Act become effective as adjustments to the civil monetary 1 OGE has previously determined, after soon as possible in order to maintain penalties (CMPs) within their consultation with the Department of Justice, that their deterrent effect. jurisdiction with an initial ‘‘catch-up’’ the $200 late filing fee for public financial disclosure reports that are more than 30 days Regulatory Flexibility Act adjustment through an interim final rule overdue (see section 104(d) of the Ethics Act, 5 effective no later than August 1, 2016, U.S.C. appendix, 104(d), and 5 CFR 2634.704 of As the Director of the Office of and further mandates that Federal OGE’s regulations thereunder) is not a CMP as Government Ethics, I certify under the agencies make subsequent annual defined under the Federal Civil Penalties Inflation Regulatory Flexibility Act (5 U.S.C. Adjustment Act, as amended. Therefore, that fee is inflationary adjustments of their CMPs, not being adjusted in this rulemaking (nor was it chapter 6) that this final rule would not to be effective no later than January 15 adjusted by OGE in previous CMP rulemakings), have a significant economic impact on of each year. and will remain at its current amount of $200. a substantial number of small entities

VerDate Sep<11>2014 16:10 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM 01FER1 7636 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations

because it primarily affects current Dated: January 11, 2021. against the individual a civil monetary Federal executive branch employees. Emory Rounds, penalty in any amount, not to exceed Director, U.S. Office of Government Ethics. the amounts set forth in Table 1 to this Paperwork Reduction Act For the reasons set forth in the section, as provided by section The Paperwork Reduction Act (44 preamble, the U.S. Office of Government 102(f)(6)(C)(i) of the Act and as adjusted U.S.C. chapter 35) does not apply Ethics is amending 5 CFR parts 2634 in accordance with the inflation because this regulation does not contain and 2636 as follows: adjustment procedures prescribed in the information collection requirements that Federal Civil Penalties Inflation require approval of the Office of PART 2634—EXECUTIVE BRANCH Adjustment Act of 1990, as amended. Management and Budget. FINANCIAL DISCLOSURE, QUALIFIED TRUSTS, AND CERTIFICATES OF TABLE 1 TO § 2634.702 Unfunded Mandates Reform Act DIVESTITURE Date of violation Penalty For purposes of the Unfunded ■ 1. The authority citation for part 2634 Violation occurring between Sept. 29, Mandates Reform Act of 1995 (2 U.S.C. continues to read as follows: 1999 and Nov. 2, 2015 ...... $11,000 chapter 5, subchapter II), this rule Violation occurring after Nov. 2, 2015 ...... 20,731 Authority: 5 U.S.C. app.; 26 U.S.C. 1043; would not significantly or uniquely Pub. L. 101–410, 104 Stat. 890, 28 U.S.C. affect small governments and will not 2461 note, as amended by Sec. 31001, Pub. (b) The Attorney General may bring a result in increased expenditures by L. 104–134, 110 Stat. 1321 and Sec. 701, Pub. civil action in any appropriate United State, local, and tribal governments, in L. 114–74; Pub. L. 112–105, 126 Stat. 291; States district court against any the aggregate, or by the private sector, of E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., individual who negligently violates the $100 million or more (as adjusted for p. 215, as modified by E.O. 12731, 55 FR provisions of § 2634.408(d)(1) or (e)(1). inflation) in any one year. 42547, 3 CFR, 1990 Comp., p. 306. The court in which the action is brought ■ 2. Section 2634.701 is amended by may assess against the individual a civil Executive Order 13563 and Executive revising paragraph (b) to read as follows: monetary penalty in any amount, not to Order 12866 exceed the amounts set forth in Table 2 § 2634.701 Failure to file or falsifying to this section, as provided by section Executive Orders 13563 and 12866 reports. 102(f)(6)(C)(ii) of the Act and as direct agencies to assess all costs and * * * * * adjusted in accordance with the benefits of available regulatory (b) Civil action. The Attorney General inflation adjustment procedures of the alternatives and, if regulation is may bring a civil action in any Federal Civil Penalties Inflation necessary, to select the regulatory appropriate United States district court Adjustment Act of 1990, as amended. approaches that maximize net benefits against any individual who knowingly (including economic, environmental, and willfully falsifies or who knowingly TABLE 2 TO § 2634.702 public health and safety effects, and willfully fails to file or report any distributive impacts, and equity). information required by filers of public Date of violation Penalty Executive Order 13563 emphasizes the reports under subpart B of this part. The Violation occurring between Sept. 29, importance of quantifying both costs court in which the action is brought 1999 and Nov. 2, 2015 ...... $5,500 and benefits, of reducing costs, of may assess against the individual a civil Violation occurring after Nov. 2, 2015 ...... 10,366 harmonizing rules, and of promoting monetary penalty in any amount, not to flexibility. The Office of Management exceed the amounts set forth in Table 1 ■ 4. Section 2634.703 is amended by and Budget has determined that to this section, as provided by section revising paragraph (a) to read as follows: rulemakings such as this implementing 104(a) of the Act, as amended, and as annual inflationary adjustments under adjusted in accordance with the § 2634.703 Misuse of public reports. the 2015 Act are not significant inflation adjustment procedures (a) The Attorney General may bring a regulatory actions under Executive prescribed in the Federal Civil Penalties civil action against any person who Order 12866. Inflation Adjustment Act of 1990, as obtains or uses a report filed under this amended. part for any purpose prohibited by Executive Order 12988 section 105(c)(1) of the Act, as incorporated in § 2634.603(f). The court As Director of the Office of TABLE 1 TO § 2634.701 in which the action is brought may Government Ethics, I have reviewed this Date of violation Penalty assess against the person a civil rule in light of section 3 of Executive Violation occurring between Sept. 14, monetary penalty in any amount, not to Order 12988, Civil Justice Reform, and exceed the amounts set forth in Table 1 certify that it meets the applicable 2007 and Nov. 2, 2015 ...... $50,000 Violation occurring after Nov. 2, 2015 ...... 62,313 to this section, as provided by section standards provided therein. 105(c)(2) of the Act and as adjusted in List of Subjects * * * * * accordance with the inflation ■ 3. Section 2634.702 is revised to read adjustment procedures prescribed in the 5 CFR Part 2634 as follows: Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. Certificates of divestiture, Conflict of § 2634.702 Breaches by trust fiduciaries interests, Financial disclosure, and interested parties. TABLE 1 TO § 2634.703 Government employees, Penalties, (a) The Attorney General may bring a Privacy, Reporting and recordkeeping civil action in any appropriate United Date of violation Penalty requirements, Trusts and trustees. States district court against any Violation occurring between Sept. 29, 5 CFR Part 2636 individual who knowingly and willfully 1999 and Nov. 2, 2015 ...... $11,000 violates the provisions of Violation occurring after Nov. 2, 2015 ...... 20,731 Conflict of interests, Government § 2634.408(d)(1) or (e)(1). The court in employees, Penalties. which the action is brought may assess * * * * *

VerDate Sep<11>2014 16:10 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM 01FER1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations 7637

PART 2636—LIMITATIONS ON SECURITIES AND EXCHANGE exception under 17 CFR 240.3a71–2(a) OUTSIDE EARNED INCOME, COMMISSION (or subject to the period set forth in 17 EMPLOYMENT AND AFFILIATIONS CFR 240.3a71–2(b)) 3 from the definition FOR CERTAIN NONCAREER 17 CFR Part 240 of ‘‘clearing agency.’’ EMPLOYEES [Release No. 34–90667; File No. S7–08–11] Table of Contents

■ RIN 3235–AK74 I. Background 5. The authority citation for part 2636 II. New Rule 17Ad–24 continues to read as follows: Exemption From the Definition of A. Proposed Rule Text Authority: 5 U.S.C. App. (Ethics in ‘‘Clearing Agency’’ for Certain B. Comment Received Government Act of 1978); Pub. L. 101–410, Activities of Security-Based Swap C. Final Rule III. Economic Analysis 104 Stat. 890, 28 U.S.C. 2461 note (Federal Dealers and Security-Based Swap A. Baseline Civil Penalties Inflation Adjustment Act of Execution Facilities B. Consideration of Benefits, Costs, and the 1990), as amended by Sec. 31001, Pub. L. Effect on Competition, Efficiency, and AGENCY: Securities and Exchange 104–134, 110 Stat. 1321 (Debt Collection Capital Formation Improvement Act of 1996) and Sec. 701, Pub. Commission. IV. Paperwork Reduction Act L. 114–74 (Federal Civil Penalties Inflation ACTION: Final rule. V. Regulatory Flexibility Act Certification Adjustment Act Improvements Act of 2015); VI. Other Matters E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., SUMMARY: The Securities and Exchange VII. Statutory Authority Commission (‘‘Commission’’) is p. 215, as modified by E.O. 12731, 55 FR I. Background 42547, 3 CFR, 1990 Comp., p. 306. adopting a rule pursuant to Section 36 of the Securities Exchange Act of 1934 The term ‘‘clearing agency’’ is broadly ■ 6. Section 2636.104 is amended by (‘‘Exchange Act’’) to exempt from the defined in Section 3(a)(23)(A) of the revising paragraph (a) to read as follows: definition of ‘‘clearing agency’’ in Exchange Act and includes a variety of Section 3(a)(23) of the Exchange Act functions.4 Section 3(a)(23)(B) of the § 2636.104 Civil, disciplinary and other certain activities of a registered security- Exchange Act excludes a number of action. based swap dealer, a registered security- (a) Civil action. Except when the based swap execution facility, and a 3 In contrast to the definition of ‘‘dealer’’ in person engaging in dealing activity in Section 3(a)(5) of the Exchange Act, Section employee engages in conduct in good 3(a)(71)(D) of the Exchange Act and 17 CFR faith reliance upon an advisory opinion security-based swaps that is eligible for 240.3a71–2(a) thereunder contain an exception issued under § 2636.103, an employee an exception from registration as a from the definition of ‘‘security-based swap dealer’’ who engages in any conduct in violation security-based swap dealer because the for any entity that engages in a de minimis quantity quantity of dealing activity is de of security-based swap dealing in connection with of the prohibitions, limitations and transactions with or on behalf of its customers. See restrictions contained in this part may minimis. 15 U.S.C. 78c(a)(71)(D); 17 CFR 240.3a71–2(a). In be subject to civil action under 5 U.S.C. DATES: Effective date: April 2, 2021. addition, 17 CFR 240.3a71–2(b) provides that a person that has not registered as a security-based app. 504(a) and a civil monetary penalty FOR FURTHER INFORMATION CONTACT: swap dealer by virtue of satisfying the requirements of not more than the amounts set in Matthew Lee, Assistant Director, or of paragraph (a) of the rule, but that no longer can Table 1 to this section, as adjusted in Jesse Capelle, Special Counsel, Office of take advantage of the de minimis exception, will be deemed not to be a security-based swap dealer accordance with the inflation Clearance and Settlement, Division of under section 3(a)(71) of the Act (15 U.S.C. adjustment procedures prescribed in the Trading and Markets, Securities and 78c(a)(71)) and subject to the requirements of Federal Civil Penalties Inflation Exchange Commission, 100 F Street NE, section 15F of the Act (15 U.S.C. 78o–10) and the Adjustment Act of 1990, as amended, or Washington, DC 20549–7010, at (202) rules, regulations and interpretations issued thereunder until the earlier of the date on which it the amount of the compensation the 551–5710. submits a complete application for registration individual received for the prohibited SUPPLEMENTARY INFORMATION: The pursuant to section 15F(b) (15 U.S.C. 78o–10(b)) or conduct, whichever is greater. Commission is adopting 17 CFR two months after the end of the month in which that person becomes no longer able to take 240.17Ad–24 (‘‘Rule 17Ad–24’’) to advantage of the exception. TABLE 1 TO § 2636.104 exempt certain activities of a registered 4 Specifically, the term ‘‘clearing agency’’ security-based swap execution facility,1 includes, among other things, any person who acts Date of violation Penalty a registered security-based swap dealer,2 as an intermediary in making payments or and an entity that is eligible for an deliveries or both in connection with transactions Violation occurring between Sept. 29, in securities or that provides the facilities for 1999 and Nov. 2, 2015 ...... $11,000 comparison of data respecting the terms of Violation occurring after Nov. 2, 2015 ...... 20,731 1 15 U.S.C. 78c–4(a) (setting forth the registration settlement of securities transactions, to reduce the requirement for security-based swap execution number of settlements of securities transactions, or facilities). The Commission has not yet adopted for the allocation of securities settlement * * * * * rules regarding the registration of security-based responsibilities. The definition also includes any [FR Doc. 2021–00714 Filed 1–29–21; 8:45 am] swap execution facilities. The Commission has person, such as a securities depository, who (i) acts BILLING CODE 6345–03–P granted a temporary exemption from the as a custodian of securities in connection with a registration requirement for security-based swap system for the central handling of securities execution facilities. See Release No. 34–64678 (June whereby all securities of a particular class or series 15, 2011), 76 FR 36287, 36292–93, 36306 (June 22, of any issuer deposited within the system are 2011). This exemption will expire on the earliest treated as fungible and may be transferred, loaned, compliance date set forth in any of the final rules or pledged by bookkeeping entry without physical regarding registration of security-based swap delivery of securities certificates, or (ii) otherwise execution facilities. See id. at 36292–93, 36306. permits or facilitates the settlement of securities 2 15 U.S.C. 78o–10(a)(1); see also Release No. 34– transactions or the hypothecation or lending of 75611 (Aug. 5, 2015), 80 FR 48964, 48988 (Aug. 14, securities without physical delivery of securities 2015). A security-based swap market participant certificates. 15 U.S.C. 78c(a)(23)(A); see also Release that meets the definition of ‘‘security-based swap Nos. 34–71699 (Mar. 12, 2014), 79 FR 16865 (Mar. dealer’’ as of August 6, 2021 is required to register 26, 2014), corrected at 79 FR 29507, 29510–11 (May with the Commission no later than November 1, 22, 2014); 34–68080 (Oct. 22, 2012), 77 FR 66219, 2021. See Release No. 34–87780 (Dec. 18, 2019), 85 66221–22 (Nov. 2, 2012) (‘‘Clearing Agency FR 6270, 6345–46 (Feb. 4, 2020). Standards adopting release’’) (discussing the same).

VerDate Sep<11>2014 16:10 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM 01FER1 7638 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations

entities and activities from the multiple participants in the facility or similar to those provided by a dealer for definition of ‘‘clearing agency,’’ system.9 This function, similar to that securities that are not security-based including certain activities of, among provided by a national securities swaps.14 Accordingly, although a dealer other types of market intermediaries, exchange, facilitates the execution of a performing these functions is excluded national securities exchanges and security-based swap transaction from the definition of ‘‘clearing agency,’’ securities dealers that are also clearing between two counterparties by a registered security-based swap dealer agency functions.5 These exclusions are providing facilities for the comparison performing the same functions is not.15 designed to limit the potential for of data respecting the terms of To address the disparate treatment of overlapping or duplicative requirements settlement of that transaction.10 similarly situated entities performing that may otherwise be imposed on these Accordingly, although a national potential clearing agency functions, the regulated entities.6 securities exchange performing this Commission proposed Rule 17Ad–24 in Title VII of the Dodd-Frank Wall clearing agency function is excluded 2011.16 The Commission explained that Street Reform and Consumer Protection under Section 3(a)(23)(B)(ii) from the the rule would avoid imposing Act of 2010 (‘‘Dodd-Frank Act’’) created definition of ‘‘clearing agency,’’ a overlapping or duplicative requirements new categories of entities in the registered security-based swap on these entities with marginal or no security-based swap market that may execution facility performing this benefit to safeguarding securities and perform clearing agency functions function is not. funds and protecting investors.17 As similar to the functions performed by Similarly, Section 3(a)(23)(B)(iii) described in the proposing release,18 entities excluded from the definition of provides that the term ‘‘clearing agency’’ Rule 17Ad–24 would provide ‘‘clearing agency’’ in Section 3(a)(23)(B) does not include, among other things, exemptions from the Exchange Act term of the Exchange Act in the traditional any dealer if such dealer would be ‘‘clearing agency’’ for certain activities securities markets. However, Title VII deemed to be a clearing agency solely by of registered security-based swap did not amend the scope of the term reason of functions performed by such dealers and registered security-based ‘‘clearing agency’’ to address these new institution as part of customary swap execution facilities that are also types of financial intermediaries for the brokerage or dealing activities, or solely clearing agency functions, mirroring the security-based swap markets or their by reason of acting on behalf of a exclusions from the definition described potential clearing agency functions, clearing agency or a participant therein above for national securities exchanges even if those new intermediaries in connection with the furnishing by the and dealers. A person acting as a perform similar functions as entities clearing agency of services to its security-based swap dealer may make excluded from the ‘‘clearing agency’’ participants or the use of services of the payments or deliveries or both in definition, such as a national securities clearing agency by its participants.11 As connection with transactions in exchange or a securities dealer. As a with security-based swap execution securities, in a manner that could result, certain activities performed for facilities, the Exchange Act definition of require that person to register as a security-based swaps by security-based ‘‘clearing agency’’ does not provide an clearing agency under the Exchange swap dealers and security-based swap exclusion for a registered security-based Act.19 In particular, over the life of a execution facilities are also clearing swap dealer.12 Section 3(a)(71) of the security-based swap transaction, a agency functions that trigger the Exchange Act defines ‘‘security-based security-based swap dealer may requirement to either register as a swap dealer’’ as any person that: (i) facilitate the transfer of collateral, clearing agency or obtain an exemption Holds itself out as a dealer in security- periodic fixed amount payments, or from registration as a clearing agency, based swaps; (ii) makes a market in termination payments between the while the same activities performed for security-based swaps; (iii) regularly counterparties to a transaction, which securities that are not security-based enters into security-based swaps with would constitute making payments or swaps do not carry the same legal and counterparties as an ordinary course of deliveries or both in connection with regulatory implications.7 business for its own account; or (iv) transactions in securities under the Specifically, Section 3(a)(23)(B)(ii) of engages in any activity causing it to be ‘‘clearing agency’’ definition. Similarly, the Exchange Act provides that the term commonly known in the trade as a ‘‘clearing agency’’ does not include, dealer or market maker in security- Exchange Act provides that an entity transacting as based swaps.13 These functions are a dealer in security-based swaps would not need to among other things, any national separately register with the Commission as a broker- securities exchange solely by reason of dealer so long as its security-based swap its providing facilities for comparison of 9 The Exchange Act definition of ‘‘security-based transactions are solely with persons that satisfy the swap execution facility’’ states that a security-based definition of ‘‘eligible contract participant.’’ See 17 data respecting the terms of settlement swap execution facility is not a national securities U.S.C. 78c(a)(5) (defining ‘‘dealer’’); 17 U.S.C. of securities transactions effected on exchange. 15 U.S.C. 78c(a)(77). 78(a)(65) (defining ‘‘eligible contract participant’’ by such exchange.8 As noted above, the 10 A registered security-based swap execution reference to Section 1a(18) of the Commodity Dodd-Frank Act did not amend the facility may facilitate trade processing of any Exchange Act (7 U.S.C. 1a(18)). 14 Exchange Act definition of ‘‘clearing security-based swap. See 15 U.S.C. 78c–4(b)(2). See supra note 3 (noting that, in contrast to the 11 15 U.S.C. 78c(a)(23)(B). definition of ‘‘dealer’’ in Section 3(a)(5) of the agency’’ to provide a comparable 12 See 15 U.S.C. 78c(a)(5) (defining ‘‘dealer’’ to Exchange Act, Section 3(a)(71)(D) of the Exchange exclusion for a registered security-based exclude a dealer for security-based swaps, other Act and 17 CFR 240.3a71–2(a) thereunder contain swap execution facility. A security- than security-based swaps with or for persons that an exception from the definition of ‘‘security-based swap dealer’’ for any entity that engages in a de based swap execution facility is a are not eligible contract participants); see also, supra, note 3 (discussing the same). minimis quantity of security-based swap dealing in trading system or platform in which connection with transactions with or on behalf of 13 15 U.S.C. 78c(a)(71). In 2012, the Commission its customers). multiple participants have the ability to and the Commodity Futures Trading Commission 15 execute or trade security-based swaps further defined a number of terms defining the See supra note 2 (noting the adoption of final by accepting bids and offers made by intermediaries in the swap and security-based swap rules for security-based swap dealers in 2019 and markets, including ‘‘security-based swap dealer.’’ the compliance date for registration of November 1, See Release No. 34–66868 (Apr. 27, 2012), 77 FR 2021). 5 16 See 15 U.S.C. 78c(a)(23)(B). 30596 (May 23, 2012) (‘‘Entity Definitions adopting See proposing release, supra note 6. 6 Release No. 34–64017 (Mar. 3, 2011), 76 FR release’’). Among other things, the release adopted 17 Id. at 14531. 14472, 14531 (Mar. 16, 2011) (‘‘proposing release’’). 17 CFR 240.3a71–1 through 3a71–5, which further 18 See id. at 14494–95. 7 See 15 U.S.C. 78q–1(b)(1). define ‘‘security-based swap dealer.’’ Furthermore, 19 Compare 15 U.S.C. 78c(a)(71) with 15 U.S.C. 8 15 U.S.C. 78c(a)(23)(B). the definition of ‘‘dealer’’ in Section 3(a)(5) of the 78c(a)(23).

VerDate Sep<11>2014 16:10 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM 01FER1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations 7639

a security-based swap execution facility registration for activities related to in a de minimis quantity of security- that provides a trading system or matching or trade verification services based swap dealing activity in platform in which multiple participants because, in the commenter’s view, such connection with transactions with or on have the ability to execute or trade an approach would result in the rule behalf of its customers.28 In adopting security-based swaps by accepting bids applying differently to third-party the de minimis exception, the and offers made by multiple providers of such services than it would Commission explained that the participants in the facility or system to a security-based swap execution exception should be interpreted to also may provide facilities for facility.23 address amounts of dealing activity that comparison of data respecting the terms By its terms, proposed Rule 17Ad–24 are sufficiently small that they do not of settlement of securities transactions, would not provide a blanket exemption warrant registration to address concerns to reduce the number of settlements of from clearing agency registration to a implicated by the regulations governing securities transactions, or for the security-based swap execution facility swap dealers and security-based swap allocation of securities settlement to provide matching or trade verification dealers.29 The Commission similarly responsibilities, in a manner that could services that otherwise are clearing noted in proposing Rule 17Ad–24 that require that entity to register as a agency functions as defined in the the exemptions in the rule are intended clearing agency.20 Exchange Act. Rather, the Commission’s to avoid imposing requirements with The Commission received one approach under Rule 17Ad–24 specifies marginal or no benefit to safeguarding comment regarding the proposed rule,21 that a registered security-based swap securities and funds and protecting as discussed in Part II.B below. The execution facility would not be required investors.30 Accordingly, the Commission is now adopting Rule to register as a clearing agency solely Commission is adding persons eligible 17Ad–24, as discussed in Part II.C based upon the fact that such an entity for this exception under 17 CFR below. provides facilities for comparison of 240.3a71–2 to the exemption in Rule data respecting the terms of settlement II. New Rule 17Ad–24 17Ad–24 because imposing clearing of securities transactions effected on agency registration on persons solely to A. Proposed Rule Text such registered security-based swap regulate functions performed by such 24 Proposed Rule 17Ad-24 provided that execution facility. As noted in the persons as part of customary dealing 25 a registered security-based swap dealer proposing release and restated here, activity for security-based swaps, and and a registered security-based swap were a security-based swap execution where that dealing activity is execution facility shall be exempt from facility to engage in activity that is sufficiently small that it does not inclusion in the term ‘‘clearing agency,’’ outside the scope of the exemption warrant registration as a security-based as defined in section 3(a)(23)(A) of the provided in Rule 17Ad–24 and that falls swap dealer, would present only Act, where such registered security- within the definition of ‘‘clearing marginal or no benefit to safeguarding based swap dealer or registered security- agency’’ under the Exchange Act, it securities and funds and protecting based swap execution facility would be would be required to register as a investors. Second, to improve clarity deemed to be a clearing agency solely by clearing agency or obtain a separate and readability, the Commission is reason of functions performed by such exemption from clearing agency dividing the rule text into 26 institution as part of customary dealing registration. subparagraphs (a) and (b). Accordingly, new Rule 17Ad–24 activities or providing facilities for C. Final Rule comparison of data respecting the terms provides that a registered security-based Pursuant to the Commission’s of settlement of securities transactions swap dealer, a registered security-based authority under Section 36 of the effected on such registered security- swap execution facility, or an entity Exchange Act,27 the Commission is based swap execution facility, engaging in dealing activity in security- adopting Rule 17Ad–24, and the respectively, or acting on behalf of a based swaps that is eligible for an Commission is making two clearing agency or participant therein in exception under 17 CFR 240.3a71–2(a) modifications from the proposal. First, connection with the furnishing by the (or subject to the period set forth in 17 since the Commission proposed Rule 31 clearing agency of services to its CFR 240.3a71–2(b)) is exempt from 17Ad–24, the Commission adopted 17 participants or the use of services of the inclusion in the term ‘‘clearing agency,’’ CFR 240.3a71–2 to provide an exception clearing agency by its participants. as defined in Section 3(a)(23)(A) of the from the definition of ‘‘security-based Exchange Act, where such registered B. Comment Received swap dealer’’ to any entity that engages security-based swap dealer, registered One commenter agreed with the security-based swap execution facility, Commission’s proposed approach that a 23 See id. at 6. or entity engaging in dealing activity in 24 This approach is consistent with the approach security-based swaps that is eligible for security-based swap execution facility that applies to a national securities exchange when not be required to register as a clearing performing the same activity for transactions in an exception under 17 CFR 240.3a71– agency solely because it performs trade securities that are not security-based swaps. 2(a) (or subject to the period set forth in data comparison as part of the trade 25 See proposing release, supra note 6, at 14495. 17 CFR 240.3a71–2(b)) would be execution process for security-based 26 See id. For example, with respect to deemed to be a clearing agency solely by 22 transactions in securities that are not security-based swaps. However, the commenter also swaps, the Commission has explained that 28 stated that a security-based swap ‘‘matching’’ is a clearing agency function. Release See supra notes 3 and 14 and accompanying No. 34–39829 (Apr. 6, 1998), 63 FR 17943 (Apr. 13, text. execution facility should not have a 29 blanket exemption from clearing agency 1998). See Entity Definitions adopting release, supra 27 15 U.S.C. 78mm. Section 36 of the Exchange note 13, at 30626. Act authorizes the Commission to conditionally or 30 See proposing release, supra note 6, at 14531. 20 Compare 15 U.S.C. 78c(a)(77) with 15 U.S.C. unconditionally exempt any person, security, or 31 See supra note 3 (providing the text of 17 CFR 78c(a)(23). transaction, or any class of classes of persons, 240.3a71–2(a) and (b)). Accordingly, an entity 21 See Letter from Jeff Gooch, Chief Executive securities, or transactions, from any provision or subject to the period set forth in 17 CFR 240.3a71– Officer, MarkitSERV (Apr. 29, 2011) (‘‘MarkitSERV provisions of the Exchange Act or any rule or 2(b) will continue to be exempt from inclusion in Letter’’). The comment letter is available on the regulation thereunder, by rule, regulation, or order, the term ‘‘clearing agency’’ during the period after Commission’s website at https://www.sec.gov/ to the extent that such exemption is necessary or it is no longer able to able to rely on the de minimis comments/s7-08-11/s70811.shtml. appropriate in the public interest, and is consistent exception but before it is deemed to be a security- 22 See MarkitSERV Letter. with the protection of investors. based swap dealer.

VerDate Sep<11>2014 16:10 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM 01FER1 7640 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations

reason of: (a) Functions performed by based swap execution facilities from functions that may be similar to those such institution as part of customary inclusion in the term ‘‘clearing agency’’ performed by a clearing agency. Just as dealing activities or providing facilities under the Exchange Act for the de minimis amounts of dealing activity for comparison of data respecting the following functions: (a) Performing are sufficiently small so as not to terms of settlement of securities customary dealing activities or warrant registration to address concerns transactions effected on such registered providing facilities for the comparison implicated by the regulations governing security-based swap execution facility, of data respecting the settlement of security-based swap dealers, they are respectively, or (b) acting on behalf of a securities transactions; or (b) acting on also sufficiently small such that they do clearing agency or participant therein in behalf of a clearing agency or not implicate the concerns connection with the furnishing by the participant in connection with the underpinning the regulations governing clearing agency of services to its furnishing of clearing services.36 clearing agencies. participants or the use of services of the Section 3(a)(23)(B) of the Exchange Act A. Baseline clearing agency by its participants. excludes national securities exchanges In addition, as noted above, the and securities dealers from the To assess the economic impact of new Commission has granted a temporary definition of ‘‘clearing agency,’’ to limit Rule 17Ad–24, the Commission is using exemption from the registration the potential for overlapping or as its baseline the security-based swap requirement for security-based swap duplicative requirements that may market as it exists at the time of this execution facilities. The temporary otherwise be imposed on these release. This analysis uses existing exemption from the registration regulated entities. Entities engaging in Commission analyses of security-based requirement for security-based swap dealing activity in security-based swaps swap market in rules adopted pursuant execution facilities will expire on the and security-based swap execution to Title VII of the Dodd-Frank Act, earliest compliance date set forth in any facilities perform similar functions for updated using data from the DTCC of the final rules regarding registration the security-based swap market as Derivatives Repository Limited Trade of security-based swap execution securities dealers and national securities Information Warehouse (‘‘TIW’’) to facilities.32 To the extent an entity exchanges perform for the general calendar year 2019.38 The data available relying on the temporary exemption securities industry. Accordingly, new to the Commission from TIW do not from the registration requirement for Rule 17Ad–24 is intended to avoid encompass those transactions that both: security-based swap execution facilities imposing requirements on these entities (i) Do not involve U.S. counterparties, also performs the activities of a with marginal or no benefit to and (ii) are based on non-U.S. reference registered security-based swap safeguarding securities and funds and entities. execution facility as described in Rule protecting investors by mirroring the The Commission estimates, based on 17Ad–24, the Commission notes that it existing exemption from the definition an analysis of TIW data that out of more has provided a separate, temporary of ‘‘clearing agency’’ for entities than 4,000 entities engaged in single exemption from clearing agency engaging in dealing activity in security- name CDS activity worldwide in 2019, registration for entities providing certain based swaps and security-based swap potentially 50 entities may engage in 37 clearing services for security-based execution facilities. Under new Rule dealing activity that would exceed the swaps, including trade matching 17Ad–24, these entities will not have to 33 de minimis threshold, and thus services. expend additional resources ultimately have to register as security- determining their registration III. Economic Analysis based swap dealers.39 Ten entities that requirements, registering as a clearing The Commission is sensitive to the engaged in dealing activity had less than agency, or meeting the standards $3 billion of notional transacted in economic consequences and effects of required of registered clearing agencies the adopted amendments, including single-name credit default swaps, so as long as their activities do not fall they could use the de minimis their benefits and costs. Under Section outside the scope of the exemption in 3(f) of the Exchange Act, whenever the exception for the definition of ‘‘security- new Rule 17Ad–24. Excluding either based swap dealer.’’ 40 Commission engages in rulemaking entities engaging in dealing activity in under the Exchange Act and is required security-based swaps or security-based In addition, eighteen swap execution to consider or determine whether an swap execution facilities from the facilities have permanent or temporary action is necessary or appropriate in the registration with the Commodity requirements applicable to clearing 41 public interest, it must consider, in agencies should not hinder the Dodd- Futures Trading Commission. Of addition to the protection of investors, Frank Act’s goals of greater transparency those, nine allow trading of credit whether the action will promote and financial stability of the security- default swap indices; if these nine allow efficiency, competition, and capital based swap market because the trading of single-name credit default formation.34 Section 23(a)(2) of the Commission has or will have a swaps, they would be required to Exchange Act also prohibits the regulatory framework for these entities register as security-based swap Commission from adopting any rule that targeted to dealing activity in security- would impose a burden on competition based swaps or the functions performed 38 See, e.g., infra note 40; supra note 13. not necessary or appropriate in 39 See Release No. 34–75611 (Aug. 14, 2015), 80 by security-based swap execution FR 48963, 49000 (Aug. 14, 2015). The estimate has furtherance of the purposes of the facilities, rather than incidental been updated for data for calendar year 2019. 35 Exchange Act. 40 See Entity Definitions adopting release, supra The Commission is exempting entities 36 See supra Part II.C (setting forth the final rule note 13, at 30636. To identify dealing activity, the engaging in dealing activity in security- text). For purposes of this economic analysis, Commission counted the number of entities that based swaps and registered security- ‘‘entities engaging in dealing activity in security- had three or more counterparties in a calendar year based swaps’’ includes both registered security- that were not recognized as dealers by the based swap dealers and entities engaging in dealing International Swaps and Derivatives Association. 32 See supra note 1. activity in security-based swaps that are eligible for The estimate has been updated with data for 33 See Release No. 34–64796 (July 1, 2011), 76 FR an exception under 17 CFR 240.3a71–2(a) (or calendar year 2019. 39963, 39964 (July 7, 2011). subject to the period set forth in 17 CFR 240.3a71– 41 CFTC, Trading Organizations—Swap Execution 34 See 15 U.S.C. 78c(f). 2(b)). Facilities (SEF), https://sirt.cftc.gov/SIRT/ 35 See 15 U.S.C. 78w(a)(2). 37 See supra note 5 and accompanying text. SIRT.aspx?Topic=SwapExecutionFacilities.

VerDate Sep<11>2014 16:10 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM 01FER1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations 7641

execution facilities with the conduct standards to be set forth by the in annual ongoing costs, adjusted to Commission.42 Commission.46 2020 dollars.49 Absent the exemption, Security-based swap dealers must entities engaging in dealing activity in B. Consideration of Benefits, Costs, and register with the Commission and security-based swaps and security-based the Effect on Competition, Efficiency, swap execution facilities may have to comply with prudential and conduct and Capital Formation standards of the Dodd-Frank Act.43 incur these costs. However, as existing Security-based swap dealers are subject The exemption in new Rule 17Ad–24 clearing agencies follow the Principles to a registration and regulatory is designed to avoid imposing for Financial Market Infrastructures, framework that is tailored to the requirements with marginal or no many of the Commission’s requirements functions they serve and risks they pose. benefit to safeguarding securities and for clearing agencies had minimal These risks, and the corresponding funds and protecting investors on additional per-entity costs.50 Since these Commission analysis of costs and entities engaging in dealing activity in requirements are not common practice benefits of the ensuring requirements, security-based swaps and security-based for entities engaging in dealing activity are discussed in the Security-Based swap execution facilities, which will in security-based swaps and security- Swap Entity Registration, Security- benefit these entities since they will not based swap execution facilities, Based Swap Recordkeeping and be required to register as a clearing applying the Commission’s clearing Reporting, Security-Based Swap Capital, agency or comply with the agency requirements to these entities Margin, and Segregation, and Security- Commission’s requirements for clearing would likely have higher per-entity Based Swap Business Conduct agencies. Since these types of entities costs than the Commission’s past Standards releases.44 Entities that also each have their own registration estimates for clearing agencies.51 The engage in dealing activity in security- and regulatory frameworks or are Commission does not expect either based swaps below the de minimis exempt due to a de minimis level of security-based swap execution facilities 47 threshold of $3 billion of notional activity, the Commission does not or security-based swap dealers will face activity in a twelve-month period are expect new Rule 17Ad–24 to impose new costs from relying on new Rule excepted from the definition of substantial costs, and there should be 17Ad–24. ‘‘security-based swap dealer.’’ 45 The minimal impacts on transparency and The Commission also does not expect Dodd-Frank Act also requires security- financial stability. Lastly, new Rule new Rule 17Ad–24 to impose costs on based swap-execution facilities, as 17Ad–24 may improve competition and security-based swap markets. Many of therein defined, to be registered with efficiency in the security-based swap the requirements that apply to registered dealer and security-based swap and comply with prudential and security-based swap dealers, such as execution facility markets. recordkeeping, governance, margin, and The cost savings to both entities 42 Compare BGC Swap Execution Facility, http:// capital requirements, cover risks that www.bgcsef.com/; Bloomberg Professional Swap engaging in dealing activity in security- overlap with those facing clearing Execution Facility Historical Data, https:// based swaps and security-based swap agencies.52 Other aspects of clearing data.bloombergsef.com/; GFI Swaps Exchange execution facilities under new Rule agency regulation, such as standards Trade Data, http://www.gfigroup.com/markets/gfi- 17Ad–24 are likely to be significant. sef/trade-data/; ICE Swap Trade, https:// addressing settlement risk or www.theice.com/swap-trade; MarketAxess Credit New Rule 17Ad–24 will benefit entities participation requirements, are either Default Swaps, https://www.marketaxess.com/ engaging in dealing activity in security- not applicable to entities engaging in trade/credit-default-swaps; tpSEF CDS Data, based swaps and security-based swap https://www.tpinformation.com/In-Depth-Data/ execution facilities to the extent that 49 See Clearing Agency Standards adopting Credit/Credit-Default-Swaps; Tradeweb and release, supra note 4, at 66273. The estimates were Dealerweb Swap Execution Facilities, https:// additional clarity regarding registration requirements reduces the costs they may updated on a per entity basis using SIFMA’s www.tradeweb.com/our-markets/market-regulation/ Management & Professional Earnings in the sef/; TraditionSEF Daily Activity, http:// incur to determine which requirements Securities Industry 2013, modified to account for an www.traditionsef.com/market-activity/ (which apply to their activities. Furthermore, 1,800-hour work year; multiplied by 5.35 to account allow trading of credit default swap indices), with for bonuses, firm size, employee benefits and 360T Swap Execution Facilitiy, https:// although no entities engaging in dealing activity in security-based swaps or overhead. www.360t.com/trading-solutions/sef/; Cboe Swap Because the exempted activities are not among Execution Facility, https://markets.cboe.com/ security-based swap execution facilities the core central counterparty or central securities global/fx/sef/; Clearmarkets CM–SEF Center, are currently registered as clearing depository functions of a clearing agency, security- https://www.clear-markets.com/cm-sef-centre/; agencies with the Commission, based swap execution facilities and security-based LatAmSEF Market Activity, http://latamsef.com/ exempted entities engaging in dealing swap dealers would not unduly benefit from marketactivity.phtml; LedgerX, https:// avoiding the higher standards of a ‘‘covered clearing www.ledgerx.com/; NEX SEF Data, http:// activity in security-based swaps and agency.’’ See generally Release No. 34–78961 (Apr www.nexsef.com/; Refinitiv SEF Volumes, https:// future exempted security-based swap 9, 2020), 85 FR 28853 (May 14, 2020) (adopting an www.refinitiv.com/en/products/sef-swap-execution- execution facilities and security-based amendment to the definition of ‘‘covered clearing facility#sef-volumes; SwapEx, http:// swap dealers will not have to incur agency’’ such that ‘‘covered clearing agency’’ means www.swapex.com/swapex/market-data/NDF/; a clearing agency that provides the services of a TeraExchange Instruments, https:// registration and compliance costs for central counterparty or central securities teraexchange.com/Home/Instruments (which do clearing agencies.48 Many of the costs of depository). not host trading of credit default swap indices). complying with requirements for 50 See Clearing Agency Standards adopting 43 Id. clearing agencies involve collecting release, supra note 4, at 66274. 44 See Release Nos. 34–756711 (Aug. 5, 2015), 80 51 However, many of the clearing agency FR 48963 (Aug. 14, 2015) (‘‘Security-Based Swap information, and the Commission has requirements would not apply to entities engaging Entity Registration’’); 34–87782 (Dec. 18, 2019), 85 estimated the monetized burden of these in dealing activity and security-based swap FR 6270 (Feb. 4, 2020) (‘‘Risk Mitigation standards per clearing agency at $0.5 execution facilities because these entities are not Techniques’’); 34–87005 (Sep. 19, 2019), 84 FR million in initial costs and $1.2 million likely to provide central counterparty or central 68550 (Dec. 16, 2019) (‘‘Security-Based Swap securities depository services, which are the focus Recordkeeping and Reporting’’); 34–86175 (Jun. 21, of the compliance costs associated with the SEC’s 2019), 84 FR 43872 (Aug. 22, 2019) (‘‘Security- 46 See 15 U.S.C. 78c–4. regulatory framework for registered clearing Based Swap Capital, Margin, and Segregation’’); 34– 47 See supra notes 44, 46, and accompanying text. agencies. 77617 (Apr. 14, 2016), 81 FR 29959 (May 13, 2016) 48 Though a registered clearing agency may be 52 The Commission has exempted entities that (‘‘Security-Based Swap Business Conduct affiliated with a security-based swap execution engage in security-based swap dealing activity Standards’’). facility, none of the registered clearing agencies are below the de minimis threshold from these 45 See Entity Definitions adopting release, supra either a registered security-based swap dealer or requirements since these entities do not implicate note 13, at 30639. security-based swap execution facility. the concerns that these requirements address.

VerDate Sep<11>2014 16:10 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM 01FER1 7642 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations

dealing activity in security-based swaps and competition between either determine the impact of such or may place an undue burden on access liquidity providers or trade execution rulemaking on ‘‘small entities.’’ 60 The to this market.53 In crafting the security- services, it may marginally improve Commission certified in the proposing based swap dealer requirements, the efficiency of these services. The release, pursuant to Section 605(b) of Commission has considered the benefits Commission does not anticipate new the RFA, that Rule 17Ad–24 would not, for financial stability as well as the Rule 17Ad–24 to have a substantial if adopted, have a significant impact on burden on competition and the impact on capital formation. a substantial number of small entities.61 promotion of efficiency, competition, IV. Paperwork Reduction Act The Commission received no comments and capital formation.54 As such, in the on this certification. Commission’s view, applying The Paperwork Reduction Act of 1995 requirements for clearing agencies to (‘‘PRA’’) imposes certain requirements Because the exemptions provided in entities engaging in dealing activity in on Federal agencies in connection with Rule 17Ad–24 ensure that certain security-based swaps for performing the conducting or sponsoring of any activities of registered security-based customary dealing activity is not ‘‘collection of information.’’ 56 An swap dealers, registered security-based necessary to achieve the goals of the agency may not conduct or sponsor, and swap execution facilities, and entities Dodd-Frank Act. a person is not required to respond to, engaging in dealing activity in security- Similarly, security-based swap a collection of information unless it based swaps that are eligible for an execution facilities will have to register displays a currently valid control exception under 17 CFR 240.3a71–2(a) with the Commission and abide by the number. Further, 44 U.S.C. 3507(a) (or subject to the period set forth in 17 standards listed in the Dodd-Frank Act, provides that, before adopting or CFR 240.3a71–2(b)) do not trigger the as implemented by future Commission revising a collection of information requirement to register as a clearing rules.55 Providing data to participants to requirement, an agency must, among agency,62 the Commission certifies that compare settlement terms or acting on other things, publish notice in the Rule 17Ad–24 will not have a behalf of a clearing agency to facilitate Federal Register stating that the agency significant economic impact on a clearing services to the security-based has submitted the proposed collection substantial number of small entities. swap execution facilities’ customers, of information to the Office of VI. Other Matters while related to clearing and settlement, Management and Budget (‘‘OMB’’) and does not expose the security-based swap setting forth certain required If any of the provisions of this rule, or execution facility to market volatility, so information, including (i) a title for the the application thereof to any person or the Commission does not believe that collection of information; (ii) a summary circumstance, is held to be invalid, such these activities alone justify requiring of the collection of information; (iii) a invalidity shall not affect other security-based swap execution facilities brief description of the need for the provisions or application of such to adopt the risk management practices information and the proposed use of the required of clearing agencies. provisions to other persons or information; (iv) a description of the circumstances that can be given effect The cost savings associated with new likely respondents and proposed Rule 17Ad–24 may promote without the invalid provision or frequency of response to the collection application. competition among entities engaging in of information; (v) an estimate of the dealing activity in security-based swaps paperwork burden that shall result from Pursuant to the Congressional Review 63 and security-based swap execution the collection of information; and (vi) Act, the Office of Information and facilities. For example, new Rule 17Ad– notice that comments may be submitted Regulatory Affairs has designated these 24 may lower barriers to entry for to the agency and director of OMB.57 rules as not a ‘‘major rule,’’ as defined entities engaging in dealing activity in The proposing release provided notice by 5 U.S.C. 804(2). security-based swaps, promoting that Rule 17Ad–24 does not impose competition among liquidity providers VII. Statutory Authority recordkeeping or information collection in the security-based swap market. requirements and would not be a Pursuant to the Exchange Act, Similarly, lower costs for security-based ‘‘collection of information’’ within the particularly Sections 17A and 36 swap execution facilities that provide meaning of the PRA. The Commission thereof, 15 U.S.C. 78q–1 and 15 U.S.C. trade processing services should received no comments in response, and 78mm, the Commission is adopting Rule increase competition in providing these the Commission continues to believe 17Ad–24. services, which may reduce the price that Rule 17Ad-24 does not impose a and/or increase the quality of these recordkeeping burden. List of Subjects in 17 CFR Part 240 services. To the extent that new Rule 17Ad–24 increases the availability of V. Regulatory Flexibility Act Reporting and recordkeeping Certification requirements, Securities. 53 See Clearing Agency Standards adopting release, supra note 4, at 66242–43. In particular, The Regulatory Flexibility Act Text of Amendment security-based swap dealers do not have members (‘‘RFA’’) requires the Commission, in like clearing agencies do. Requiring that they accept promulgating rules, to consider the In accordance with the foregoing, title any participant that has net capital above $50 impact of those rules on small entities.58 17, chapter II of the Code of Federal million may unduly restrict their ability to mitigate Regulations is amended as follows: risks and function as a dealer. Section 603(a) of the Administrative 59 54 See, e.g., Risk Mitigation Techniques adopting Procedure Act, as amended by the release, supra note 44, at 6390 (requiring certain RFA, generally requires the Commission 60 Section 601(b) of the RFA permits agencies to risk mitigation techniques for registered security- to undertake a regulatory flexibility formulate their own definitions of ‘‘small entities.’’ See 5 U.S.C. 601(b). The Commission has adopted based swap dealers who hold uncleared swaps analysis of all proposed rules to because ‘‘the risks of the counterparties’ failure to definitions for the term ‘‘small entity’’ for the manage credit risk adequately may not become purposes of rulemaking in accordance with the apparent until the onset of a financial crisis,’’ as 56 See 44 U.S.C. 3501 et seq.; 44 U.S.C. 3502(3). RFA. These definitions, as relevant to this well as discussing the rule’s burden on competition 57 See 44 U.S.C. 3507(a)(1)(D); see also 5 CFR rulemaking, are set forth in 17 CFR 240.0–10. and promotion of efficiency, competition, and 1320.5(a)(1)(iv). 61 See 5 U.S.C. 605(b). capital formation). 58 See 5 U.S.C. 601 et seq. 62 See supra Part III. 55 See 15 U.S.C. 78c–4. 59 5 U.S.C. 603(a). 63 5 U.S.C. 801 et seq.

VerDate Sep<11>2014 16:10 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM 01FER1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations 7643

PART 240—GENERAL RULES AND Dated: December 16, 2020. Interstate Natural Gas Association of REGULATIONS, SECURITIES Vanessa A. Countryman, America (INGAA) requested EXCHANGE ACT OF 1934 Secretary. clarification or, in the alternative, [FR Doc. 2020–28194 Filed 1–29–21; 8:45 am] rehearing, and Kinder Morgan, Inc. 2 ■ 1. The general authority citation for BILLING CODE 8011–01–P Natural Gas Entities (Kinder Morgan) part 240 continues to read, in part, as and TC Energy Corporation (TC Energy) follows: requested rehearing of Order No. 871. Authority: 15 U.S.C. 77c, 77d, 77g, 77j, DEPARTMENT OF ENERGY 2. Pursuant to Allegheny Defense 77s, 77z–2, 77z–3, 77eee, 77ggg, 77nnn, Project v. FERC,3 the rehearing requests Federal Energy Regulatory 77sss, 77ttt, 78c, 78c–3, 78c–5, 78d, 78e, 78f, filed in this proceeding may be deemed Commission 78g, 78i, 78j, 78j–1, 78k, 78k–1, 78l, 78m, denied by operation of law. However, as 78n, 78n–1, 78o, 78o–4, 78o–10, 78p, 78q, 4 18 CFR Parts 153 and 157 permitted by section 19(a) of the NGA, 78q–1, 78s, 78u–5, 78w, 78x, 78dd, 78ll, we are modifying the discussion in 78mm, 80a–20, 80a–23, 80a–29, 80a–37, 80b– [Docket No. RM20–15–001; Order No. 871– Order No. 871 and providing for 3, 80b–4, 80b–11, and 7201 et seq., and 8302; A] 5 7 U.S.C. 2(c)(2)(E); 12 U.S.C. 5221(e)(3); 18 additional briefing, as discussed below. U.S.C. 1350; Pub. L. 111–203, 939A, 124 Stat. Limiting Authorizations To Proceed I. Background 1376 (2010); and Pub. L. 112–106, sec. 503 With Construction Activities Pending and 602, 126 Stat. 326 (2012), unless Rehearing 3. In Order No. 871, the Commission otherwise noted. explained that historically, due to the AGENCY: * * * * * Federal Energy Regulatory complex nature of the matters raised on Commission. rehearing of orders granting ■ 2. Section 240.17Ad–24 is added to ACTION: Order addressing arguments authorizations under NGA sections 3 read as follows: raised on rehearing and clarification, and 7, the Commission had often issued § 240.17Ad–24 Exemption from clearing and providing for additional briefing. an order (known as a tolling order) by agency definition for certain registered SUMMARY: On rehearing, the Federal the thirtieth day following the filing of security-based swap dealers, registered Energy Regulatory Commission a rehearing request, allowing itself security-based swap execution facilities, additional time to provide thoughtful, and entities engaging in dealing activity in (Commission) modifies Order No. 871, security-based swaps that are eligible for which amended its regulations to well-considered attention to the issues an exception under § 240.3a71–2(a) (or preclude the issuance of authorizations raised on rehearing. subject to the period set forth in § 240.3a71– to proceed with construction activities 4. In order to balance its commitment 2(b)). with respect to natural gas facilities to expeditiously responding to parties’ A registered security-based swap authorized by order issued pursuant to concerns in comprehensive orders on dealer, a registered security-based swap section 3 or section 7 of the Natural Gas rehearing and the serious concerns execution facility, or an entity engaging Act until either the time for filing a posed by the possibility of construction in dealing activity in security-based request for rehearing of such order has proceeding prior to the completion of swaps that is eligible for an exception passed with no rehearing request being agency review, the Commission, in under § 240.3a71–2(a) (or subject to the filed or the Commission has acted on Order No. 871, exercised its discretion period set forth in § 240.3a71–2(b)) shall the merits of any rehearing request. The by amending its regulations to add new Commission provides for further be exempt from inclusion in the term § 157.23, which precludes the issuance briefing on the issues raised in the ‘‘clearing agency,’’ as defined in section of authorizations to proceed with rehearing requests. 3(a)(23)(A) of the Act, where such construction of projects authorized DATES: registered security-based swap dealer, The effective date of the under NGA sections 3 and 7 during the document published on July 6, 2020 (85 registered security-based swap period for filing request for rehearing of execution facility, or entity engaging in FR 40113) is confirmed: August 5, 2020. FOR FURTHER INFORMATION CONTACT: dealing activity in security-based swaps Tara No. 871, 85 FR 40113 (July 6, 2020), 171 FERC that is eligible for an exception under DiJohn, Office of the General Counsel, ¶ 61,201 (2020). § 240.3a71–2(a) (or subject to the period Federal Energy Regulatory Commission, 2 The Kinder Morgan Gas Entities include: set forth in § 240.3a71–2(b)) would be 888 First Street NE, Washington, DC Natural Gas Pipeline Company of America LLC; deemed to be a clearing agency solely by 20426, (202) 502–8671, tara.dijohn@ Tennessee Gas Pipeline Company, L.L.C.; Southern reason of: ferc.gov. Natural Gas Company, L.L.C.; Colorado Interstate Gas Company, L.L.C.; Wyoming Interstate (a) Functions performed by such SUPPLEMENTARY INFORMATION: Company, L.L.C.; El Paso Natural Gas Company, institution as part of customary dealing 1. On June 9, 2020, the Federal Energy L.L.C.; Mojave Pipeline Company, L.L.C.; Bear activities or providing facilities for Regulatory Commission (Commission) Creek Storage Company, L.L.C.; Cheyenne Plains comparison of data respecting the terms issued Order No. 871, which is a final Gas Pipeline Company, LLC; Elba Express Company, L.L.C.; Kinder Morgan Louisiana of settlement of securities transactions rule that precludes the issuance of Pipeline LLC; Southern LNG Company, L.L.C.; and effected on such registered security- authorizations to proceed with TransColorado Gas Transmission Company LLC. based swap execution facility, construction activities with respect to a 3 964 F.3d 1 (D.C. Cir. 2020) (en banc) respectively; or Natural Gas Act (NGA) section 3 (Allegheny). 4 (b) Acting on behalf of a clearing authorization or section 7(c) certificate 15 U.S.C. 717r(a) (‘‘Until the record in a order until the Commission acts on the proceeding shall have been filed in a court of agency or participant therein in appeals, as provided in subsection (b), the connection with the furnishing by the merits of any timely-filed request for Commission may at any time, upon reasonable clearing agency of services to its rehearing or the time for filing such a notice and in such manner as it shall deem proper, 1 participants or the use of services of the request has passed. On July 9, 2020, the modify or set aside, in whole or in part, any finding clearing agency by its participants. or order made or issued by it under the provisions 1 Limiting Authorizations to Proceed with of this chapter.’’). By the Commission. Construction Activities Pending Rehearing, Order 5 Allegheny, 964 F.3d at 16–17.

VerDate Sep<11>2014 16:10 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM 01FER1 7644 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations

the initial orders or while rehearing is c. In its rehearing request, INGAA 11. All submissions will be placed in pending.6 poses a number of hypotheticals the Commission’s public files and may 5. Three weeks after the Commission regarding circumstances that may be viewed, printed, or downloaded issued Order No. 871, the U.S. Court of unfold following Allegheny.11 Please remotely as described in the Document Appeals for the District of Columbia comment on how a rule withholding Availability section below. Circuit (D.C. Circuit) issued an en banc authorizations to commence IV. Document Availability decision in Allegheny.7 The court held construction during rehearing, if that the Commission’s use of tolling appropriate, should apply to those 12. In addition to publishing the full orders solely to allow itself additional circumstances. text of this document in the Federal time to consider an application for d. Should the Commission modify its Register, the Commission provides all rehearing does not preclude operation of practices or procedures to address interested persons an opportunity to the NGA’s deemed denial provision,8 concerns regarding the exercise of view and/or print the contents of this which enables a rehearing applicant to eminent domain while rehearing document via the internet through the obtain judicial review after thirty days requests are pending before the Commission’s Home Page (http:// of agency inaction.9 The court explained Commission? If so, how? www.ferc.gov). At this time, the that, to prevent a rehearing from being e. If the Commission retains the rule Commission has suspended access to deemed denied, the Commission must withholding authorizations to the Commission’s Public Reference act on an application for rehearing commence construction while rehearing Room due to the President’s March 13, within thirty days of its filing by taking is pending, at what point in time should 2020 proclamation declaring a National one of the four NGA-enumerated projects be permitted, upon receipt of an Emergency concerning the Novel actions: Grant rehearing, deny appropriate authorization, to commence Coronavirus Disease (COVID–19). rehearing, or abrogate or modify its construction? For example, should the 13. From the Commission’s Home order without further hearing.10 Commission set a specific time, such as Page on the internet, this information is 6. On July 9, 2020, INGAA filed a 90 days after the filing for a request for available on eLibrary. The full text of request for clarification or, in the rehearing, for the Commission to issue this document is available on eLibrary alterative, rehearing of Order No. 871. an authorization to proceed? in PDF and Microsoft Word format for On the same day, Kinder Morgan and 8. Briefs shall be due within 21 days viewing, printing, and/or downloading. TC Energy also filed requests for (February 16, 2021). Reply briefs shall To access this document in eLibrary, rehearing. be due 15 days thereafter (March 3, type the docket number excluding the last three digits in the docket number II. Discussion 2021). Barring exceptional circumstances, the Commission will field. 7. We believe that the issues raised issue an order addressing the issues 14. User assistance is available for regarding this rulemaking merit further raised on rehearing and in the briefs eLibrary and the Commission’s website consideration by the Commission. within 60 days of receipt of the reply during normal business hours from Accordingly, to facilitate our briefs. FERC Online Support at (202) 502–6652 reconsideration of the rulemaking and (toll free at 1–866–208–3676) or email at ensure a complete record for further III. Filing Procedures [email protected], or the Commission action, we provide all 9. Submissions must refer to Docket Public Reference Room at (202) 502– interested parties an opportunity to No. RM20–15–001, and must include 8371, TTY (202) 502–8659. Email the comment on the arguments in the the filer’s name, the organization they Public Reference Room at rehearing requests, including, but not represent, if applicable, and their [email protected]. limited to, the issues enumerated below. address. The Commission encourages V. Effective Date a. Should the Commission withhold electronic filing via the eFiling link on 15. The effective date of the document authorizations to commence the Commission’s website at http:// published on July 6, 2020 (85 FR 40113) construction during the pendency of all www.ferc.gov. The Commission accepts is confirmed: August 5, 2020. rehearing requests? Alternatively, most standard word processing formats. should the Commission withhold Documents created electronically using By the Commission. Commissioner Danly authorizations to commence word processing software should be is dissenting with a separate statement construction only during the pendency filed in native applications or print-to- attached. of rehearing requests that raise certain PDF format and not in a scanned format. Issued: January 26, 2021. issues or arguments? If the Commission If filing electronically, you do not need Kimberly D. Bose, were to limit such a rule to only certain to make a paper filing. Secretary. issues or arguments, which issues or 10. In lieu of electronic filing, you arguments should trigger that rule? United States of America may submit a paper copy. Submissions Federal Energy Regulatory Commission b. If the Commission were to adopt a sent via the U.S. Postal Service must be rule of withholding authorizations to addressed to: Kimberly D. Bose, Limiting Authorizations To Proceed commence construction while rehearing Secretary, Federal Energy Regulatory With Construction Activities Pending is pending, should that rule apply to all Commission, 888 First Street NE, Room Rehearing orders pertaining to an NGA section 3 1A, Washington, DC 20426. Docket No. RM20–15–001 authorization or section 7 certificate or Submissions sent via any other carrier only a subset thereof? must be addressed to: Kimberly D. Bose, DANLY, Commissioner, dissenting: Secretary, Federal Energy Regulatory 1. On June 9, 2020, the Commission 6 Order No. 871 also revised § 153.4 of the Commission, 12225 Wilkins Avenue, issued a final rule providing that an Commission’s regulations to incorporate a cross- Rockville, Maryland 20852. The first reference to new § 157.23. authorization to proceed with 7 964 F.3d 1. page of any filing should include docket construction activities for a Natural Gas 8 15 U.S.C. 717r(a). number RM20–15–001. Act (NGA) section 3 1 authorization or 9 Allegheny, 964 F.3d at 18–19. 10 See id. at 13 (quoting 15 U.S.C. 717r(a)). 11 INGAA Rehearing at 21–24. 1 15 U.S.C. 717b (2018).

VerDate Sep<11>2014 16:46 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM 01FER1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations 7645

section 7(c) 2 certificate authorization was arbitrary and capricious due to a had not considered in issuing the final will not be issued until the Commission number of infirmities. Among them are: rule. These arguments are acts on the merits of any timely-filed • A claim that the regulation could be straightforward—implicating neither request for rehearing or the time for read to prohibit issuing an authorization complex facts nor difficult legal filing such a request has passed.3 On to proceed with construction where a principles. Although I acknowledge that July 9, 2020, the Interstate Natural Gas request for rehearing is filed by a party the Commission may well have needed Association of America requested in support of the project (including by more than thirty days in which to clarification or, in the alternative, the project proponent itself); address those arguments, the six months • rehearing, and Kinder Morgan, Inc. an argument that the rule would not that have elapsed surely were more than Natural Gas Entities and TC Energy allow an authorization to proceed with adequate, and I see no reason why the Corporation requested rehearing of construction where the party requesting Commission needs the additional rehearing is not an affected landowner; ninety-six days afforded by today’s Order No. 871. Today’s order does not • address any of these requests for a claim that the regulation, as order. Regardless, even if there were rehearing, but instead establishes a drafted, might not allow the issuance of good reasons for needing more time, the briefing schedule for addressing several an authorization to proceed with Commission necessarily fails in its questions which touch on some, but not construction when a rehearing request duties by offering no justification for has been denied by operation of law due further delay. all, of the issues raised on rehearing, to Commission inaction; 6. Moreover, the questions set forth and additionally requests briefing on • an argument that the rule, strictly for briefing are not confined to the issues not raised on rehearing. construed, might not permit the issues properly raised on rehearing. One 2. I dissent from today’s order because issuance of an authorization to proceed question asks whether the Commission it: (1) Falls short of the Commission’s with construction when the rehearing should modify its practices or obligation under the Administrative request concerns an amendment to an procedures to address concerns Procedure Act (APA) to address the existing authorization or subjects regarding the exercise of eminent arguments raised in requests for unrelated to landowner concerns, such domain while rehearing requests are rehearing; and (2) will delay a ruling on as rates; and pending before the Commission. No the merits of the rehearing requests until • potential indefinite delay in the rehearing request suggests the approximately ten months after they issuance of an authorization to proceed Commission take this step. One were submitted, an action that surely is with construction. wonders why this is the appropriate in tension with the U.S. Court of These are legitimate arguments. They vehicle for such an inquiry, but it is not Appeals for the District of Columbia deserve a response by the Commission. the proper vehicle to respond to Circuit’s (D.C. Circuit) decision in The Commission is obligated to provide arguments raised in the normal course Allegheny Defense Project v. FERC those responses, but all are sidestepped of litigation. (Allegheny) 4 which prohibits the in today’s order. 7. The inquiry regarding eminent Commission from employing procedural 4. An inattentive reader who does no domain appears at odds with the means to delay judicial review of its more than glance at the title of today’s Commission’s well-developed body of orders. order might well be lulled into believing law declaring that it lacks the authority that it accomplishes more than it really to restrict a certificate holder’s use of 3. Whether the Commission retains does. This order is styled ‘‘Order eminent domain once the certificate of the regulation as it is currently written, Addressing Arguments Raised on public convenience and necessity is modifies it, or vacates it, the Rehearing and Clarification, and received.7 I am not convinced that an Commission is required under the APA Providing for Additional Briefing.’’ automatic stay of the exercise of to explain its reasoning. In doing so, it Despite the title, the Commission eminent domain pending Commission must respond to arguments raised by neither addresses the arguments raised action on the merits of a rehearing litigants. This requirement is on rehearing nor provides any request, which today’s order suggests fundamental to administrative decision clarification. Instead, with no the Commission will consider, can be 5 making. The requests for rehearing explanation other than a bald reconciled with NGA section 19(c).8 assert that the adoption of the regulation declaration that ‘‘[w]e believe that the That section provides that ‘‘[t]he filing issues raised regarding this rulemaking of an application for rehearing . . . shall 2 15 U.S.C. 717f(c). merit further consideration,’’ 6 today’s not, unless specifically ordered by the 3 See Limiting Authorizations to Proceed with order lists a number of questions for Commission, operate as a stay of the Construction Activities Pending Rehearing, Order 9 No. 871, 85 FR 40,113 (July 6, 2020), 171 FERC further briefing. Although the Commission’s order.’’ As such, the ¶ 61,201 (2020) (Order No. 871). enumerated questions may be relevant idea that the Commission may adopt 4 964 F.3d 1 (D.C. Cir. 2020) (en banc). to some points raised in the requests for practices or procedures (presumably) to 5 See Motor Vehicle Mfrs. Ass’n of U.S., Inc. v. rehearing, the Commission fails to automatically stay an authorization to State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 43 explain why it agrees or disagrees with restrict a certificate holder’s use of (1983) (‘‘Normally, an agency rule would be arbitrary and capricious if the agency has relied on those arguments or why it believes the eminent domain would appear, at least factors which Congress has not intended it to record insufficient for the Commission on initial inquiry, to conflict with NGA consider, entirely failed to consider an important to rule on those arguments. section 19(c). At a minimum, if the aspect of the problem, offered an explanation for its 5. To the extent that the Commission Commission wants parties to address decision that runs counter to the evidence before the agency, or is so implausible that it could not suggests a more complete record is the question of whether the exercise of be ascribed to a difference in view or the product needed to consider the requests for eminent domain should be stayed of agency expertise.’’) (emphasis added); New rehearing, I disagree. The Commission automatically during the pendency of England Power Generators Ass’n, Inc. v. FERC, 881 received three requests for rehearing rehearing requests, it should also have F.3d 202, 211 (D.C. Cir. 2018) (finding ‘‘that FERC did not engage in the reasoned decisionmaking that detail arguments the Commission required by the Administrative Procedure Act’’ 7 See, e.g., PennEast Pipeline Co., LLC, 174 FERC because it ‘‘failed to respond to the substantial 6 Limiting Authorizations to Proceed with ¶ 61,056, at P 10 & n.17 (2021) (collecting cases). arguments put forward by Petitioners and failed to Construction Activities Pending Rehearing, Order 8 See 15 U.S.C. 717r(c). square its decision with its past precedent’’). No. 871–A, 174 FERC 61,050, at P 7 (2021). 9 Id. (emphasis added).

VerDate Sep<11>2014 16:10 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM 01FER1 7646 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations

directed the parties to address the ACTION: Final rule. will not adversely affect, in a material foundational question of the way, the economy, productivity, Commission’s legal authority to issue a SUMMARY: In compliance with the competition, jobs, the environment, rule mandating such a stay. I strongly Federal Civil Penalties Inflation public health or safety, or state, local, or encourage parties to address this Adjustment Act Improvements Act of tribal governments or communities. question in their briefs, even though it 2015 (the Act) and Office of Management and Budget (OMB) (2) This rule will not create a serious was not specifically mentioned in the inconsistency or otherwise interfere majority’s order. guidance, the National Indian Gaming Commission (NIGC or Commission) is with an action taken or planned by 8. The Commission’s failure to another agency. address the substance of the rehearing amending its civil monetary penalty requests might be understandable if the rule to reflect an annual adjustment for (3) This rule does not involve order directing briefing had been issued inflation in order to improve the entitlements, grants, user fees, or loan earlier. Indeed, the Court in Allegheny penalty’s effectiveness and maintain its programs or the rights or obligations of suggested that it might be permissible deterrent effect. The Act provides that recipients. for the Commission to provide for such the new penalty level must apply to (4) This regulatory change does not supplemental briefing.10 However, that penalties assessed after the effective raise novel legal or policy issues. date of the increase, including when the suggestion was offered in the context of Regulatory Flexibility Act the Court’s discussion of a potential penalties whose associated violation Commission order issued in connection predate the increase. The Commission certifies that this with a timely ruling on rehearing within DATES: This final rule is effective rule will not have a significant thirty days after a rehearing request.11 February 1, 2021. economic effect on a substantial number Here, we are simply failing to perform FOR FURTHER INFORMATION CONTACT: of small entities under the Regulatory our duties. Armando J. Acosta, Senior Attorney, Flexibility Act (5 U.S.C. 601 et seq.) 9. Finally, lest any reader of today’s Office of General Counsel, National because the rule makes annual order overlook it, let’s pause for a Indian Gaming Commission, at (202) adjustments for inflation. moment to consider the irony of what 632–7003; fax (202) 632–7066 (not toll- the Commission contemplates here. In free numbers). Small Business Regulatory Enforcement Fairness Act the very same proceeding in which the SUPPLEMENTARY INFORMATION: Commission promulgated a rule I. Background This final rule is not a major rule specifically aimed at alleviating under 5 U.S.C. 804(2), the Small concerns that its tolling orders served On November 2, 2015, the President Business Regulatory Enforcement only to ‘‘buy [the Commission] more signed into law the Federal Civil Fairness Act. It will not result in the time to act on a rehearing application Penalties Inflation Adjustment Act expenditure by state, local, or tribal and stall judicial review,’’ 12 the Improvements Act of 2015 (Sec. 701 of governments, in the aggregate, or by the Commission attempts to buy more time Pub. L. 114–74). Beginning in 2017, the private sector of $100 million or more by ordering further procedure after the Act requires agencies to make annual in any one year. The rule will not result statutory deadline to act on rehearing inflationary adjustments to their civil in a major increase in costs or prices for has passed and as judicial review is monetary penalties by January 15th of consumers, individual industries, each year, in accordance with annual imminent, absent any modification in Federal, state, or local government OMB guidance. the meantime of the rule under review. agencies, or geographic regions. Nor will I for one will be interested to see II. Calculation of Annual Adjustment this rule have significant adverse effects whether the D.C. Circuit countenances on competition, employment, this action any more than it accepted In December of every year, OMB issues guidance to agencies to calculate investment, productivity, innovation, or the Commission’s use of tolling orders the ability of the U.S.-based enterprises for the very same purpose. Time will the annual adjustment. According to OMB, the cost-of-living adjustment to compete with foreign-based tell. enterprises. For these reasons, I respectfully multiplier for 2021 is 1.01182, based on dissent. the Consumer Price Index for the month Unfunded Mandates Reform Act of October 2020, not seasonally James P. Danly, adjusted. This final rule does not impose an Commissioner. Pursuant to this guidance, the unfunded mandate of more than $100 [FR Doc. 2021–02063 Filed 1–29–21; 8:45 am] Commission has calculated the annual million per year on state, local, or tribal BILLING CODE 6717–01–P adjustment level of the civil monetary governments or the private sector. The penalty contained in 25 CFR 575.4 rule also does not have a significant or (‘‘The Chairman may assess a civil fine, unique effect on state, local, or tribal DEPARTMENT OF THE INTERIOR not to exceed $53,524 per violation, governments or the private sector. against a tribe, management contractor, Therefore, a statement containing the National Indian Gaming Commission or individual operating Indian gaming information required by the Unfunded for each notice of violation . . .’’). The Mandates Reform Act (2 U.S.C. 1531 et 25 CFR Part 575 2021 adjusted level of the civil seq.) is not required. monetary penalty is $54,157 ($53,524 × Annual Adjustment of Civil Monetary 1.01182). Takings Penalty To Reflect Inflation III. Regulatory Matters Under the criteria in Executive Order AGENCY: National Indian Gaming 12630, this final rule does not affect Regulatory Planning and Review Commission. individual property rights protected by This final rule is not a significant rule the Fifth Amendment nor does it 10 See Allegheny, 964 F.3d at 16. under Executive Order 12866. involve a compensable ‘‘taking.’’ Thus, 11 See id. (1) This rule will not have an effect of a takings implication assessment is not 12 Id. at 9. $100 million or more on the economy or required.

VerDate Sep<11>2014 16:10 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM 01FER1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations 7647

Federalism (d) be divided into short sections and anchorage (B) for extended periods, Under the criteria in Executive Order sentences; and blocking other vessels with pressing 13132, this final rule has no substantial (e) use lists and tables wherever logistical needs, adversely affecting direct effect on the states, on the possible. commerce and impacting navigational safety. Except when stress of weather relationship between the National Required Determinations Under the makes sailing impractical or hazardous, Government and the states, or on the Administrative Procedure Act distribution of power and this rule will prohibit vessels from In accordance with the Act, agencies responsibilities among the various anchoring in anchorage area (B) for are to annually adjust civil monetary levels of government. more than 48 hours unless expressly penalties without providing an authorized by the Captain of the Port Civil Justice Reform opportunity for notice and comment, Houston-Galveston. This final rule complies with the and without a delay in its effective date. DATES: This rule is effective March 3, requirements of Executive Order 12988. Therefore, the Commission is not 2021. required to complete a notice and Specifically, this rule has been reviewed ADDRESSES: To view documents to eliminate errors and ambiguity and comment process prior to promulgation. mentioned in this preamble as being written to minimize litigation. It is List of Subjects in 25 CFR Part 575 available in the docket, go to https:// written in clear language and contains www.regulations.gov, type USCG–2019– Administrative practice and clear legal standards. 0028 in the ‘‘SEARCH’’ box and click procedure, Gaming, Indian lands, ‘‘SEARCH.’’ Click on Open Docket Consultation With Indian Tribes Penalties. Folder on the line associated with this In accordance with the President’s For the reasons set forth in the rule. memorandum of April 29, 1994, preamble, the Commission amends 25 FOR FURTHER INFORMATION CONTACT: If CFR part 575 as follows: Government-to-Government Relations you have questions on this rule, call or with Native American Tribal PART 575—CIVIL FINES email Lieutenant Commander Sarah Governments, Executive Order 13175 Rousseau or Lieutenant Junior Grade (59 FR 22951, November 6, 2000), the ■ Ryan Gilbert, Sector Houston-Galveston Commission has determined that 1. The authority citation for part 575 continues to read as follows: Waterways Management Division, U.S. consultations with Indian gaming tribes Coast Guard; telephone 281–464–4736/ Authority: 25 U.S.C. 2705(a), 2706, 2713, is not practicable, as Congress has 5800, email [email protected]. mandated that annual civil penalty 2715; and Sec. 701, Pub. L. 114–74, 129 Stat. SUPPLEMENTARY INFORMATION: adjustments in the Act be implemented 599. no later than January 15th of each year. § 575.4 [Amended] I. Table of Abbreviations Paperwork Reduction Act ■ 2. Amend the introductory text of CFR Code of Federal Regulations § 575.4 by removing ‘‘$53,524’’ and DHS Department of Homeland Security This final rule does not affect any FR Federal Register information collections under the adding in its place ‘‘$54,157’’. HSC Lone Star Harbor Safety Committee Paperwork Reduction Act. Dated: January 15, 2021. NPRM Notice of proposed rulemaking E. Sequoyah Simermeyer, § Section National Environmental Policy Act U.S.C. United States Code Chairman. This final rule does not constitute a VTS Coast Guard Vessel Traffic Service major Federal action significantly Kathryn Isom-Clause, Houston/Galveston Vice Chair. affecting the quality of the human II. Background Information and environment. [FR Doc. 2021–01413 Filed 1–29–21; 8:45 am] Regulatory History BILLING CODE 7565–01–P Information Quality Act On October 11, 2018, the Texas Lone In developing this final rule, the Star Harbor Safety Committee requested Commission did not conduct or use a DEPARTMENT OF HOMELAND a regulatory change to the Galveston study, experiment, or survey requiring SECURITY Harbor Bolivar Roads Anchorage area peer review under the Information (B). The HSC submitted a Quality Act (Pub. L. 106–554). Coast Guard recommendation to the Sector Houston- Galveston Captain of the Port that Effects on the Energy Supply 33 CFR Part 110 Anchorage area (B) be regulated under This final rule is not a significant [Docket Number USCG–2019–0028] the same 48-hour time limit as the adjacent Anchorage areas (A) and (C). energy action under the definition in RIN 1625–AA01 Executive Order 13211. A Statement of The HSC developed a working group, Energy Effects is not required. Anchorage; Galveston Harbor, Bolivar the Anchorage Working Group, to assess Roads Channel, Galveston, TX the optimal ways to use the anchorage Clarity of This Regulation to facilitate safety and efficiency within The Commission is required by AGENCY: Coast Guard, DHS. the port. Executive Orders 12866 and 12988 and ACTION: Final rule. On January 28, 2020, we published a by the Presidential Memorandum of notice of proposed rulemaking (85 FR June 1, 1998, to write all rules in plain SUMMARY: The Coast Guard is 4919) that proposed to establish a 48- language. This means that each rule that establishing a 48-hour time limit in hour time limit in Anchorage Area (B) the Commission publishes must: Anchorage Area (B) in Bolivar Roads in Bolivar Roads near Galveston, Texas. (a) Be logically organized; near Galveston, Texas. Anchorage areas The purpose of the propose rule was to (b) use the active voice to address (A) and (C) in the Bolivar Roads align the Galveston Harbor Bolivar readers directly; Channel already have a 48-hour time Roads Anchorage area (B) to the (c) use clear language rather than limit, but anchorage (B) did not. This adjacent anchorages. This action is jargon; resulted in vessels remaining in necessary to address port congestion

VerDate Sep<11>2014 16:10 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM 01FER1 7648 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations

and navigation safety concerns. We regulatory action,’’ under Executive Ombudsman evaluates these actions noted that the local VTS would Order 12866. Accordingly, this rule has annually and rates each agency’s continue to monitor and control vessel not been reviewed by the Office of responsiveness to small business. If you movement within the Anchorage area Management and Budget (OMB), and wish to comment on actions by (B), and that the VTS would be allowed pursuant to OMB guidance it is exempt employees of the Coast Guard, call 1– to grant extensions for extenuating from the requirements of Executive 888–REG–FAIR (1–888–734–3247). The circumstances. Order 13771. Coast Guard will not retaliate against This regulatory action determination small entities that question or complain III. Legal Authority and Need for Rule is based on the anchorage duration of about this rule or any policy or action The Secretary of Homeland Security vessels in a previously established of the Coast Guard. has delegated to the Coast Guard the anchorage ground. This regulation will authority to establish and regulate have a positive impact on vessel traffic C. Collection of Information anchorage grounds in accordance with of the waterway, increasing the This rule will not call for a new 33 U.S.C. 471; 33 CFR 1.05–1; and efficiency of the limited inshore collection of information under the Department of Homeland Security anchorage space for Houston and Paperwork Reduction Act of 1995 (44 Delegation No. 0170.1, para. II, (63). The Galveston. U.S.C. 3501–3520). Captain of the Port Houston-Galveston B. Impact on Small Entities D. Federalism and Indian Tribal (COTP) has determined that currently Governments anchorage areas (A) and (C) in the The Regulatory Flexibility Act of Bolivar Roads Channel have a 48-hour 1980, 5 U.S.C. 601–612, as amended, A rule has implications for federalism time limit, however anchorage (B) does requires Federal agencies to consider under Executive Order 13132, not. This has resulted in vessels the potential impact of regulations on Federalism, if it has a substantial direct remaining in anchorage (B) for extended small entities during rulemaking. The effect on the States, on the relationship periods, blocking other vessels with term ‘‘small entities’’ comprises small between the National Government and pressing logistical needs, adversely businesses, not-for-profit organizations the States, or on the distribution of affecting commerce and impacting that are independently owned and power and responsibilities among the navigational safety. This rule addresses operated and are not dominant in their various levels of government. We have that problem by not permitting vessels fields, and governmental jurisdictions analyzed this rule under that Order and to anchor in anchorage area (B) for more with populations of less than 50,000. have determined that it is consistent than 48 hours unless expressly The Coast Guard received no comments with the fundamental federalism authorized by the Captain of the Port from the Small Business Administration principles and preemption requirements Houston-Galveston or without express on this rulemaking. The Coast Guard described in Executive Order 13132. permission if the stress of weather certifies under 5 U.S.C. 605(b) that this Also, this rule does not have tribal makes sailing impractical or hazardous. rule will not have a significant implications under Executive Order economic impact on a substantial 13175, Consultation and Coordination IV. Discussion of Comments, Changes, number of small entities. with Indian Tribal Governments, and the Rule The number of small entities because it does not have a substantial We received six comments to the impacted and the extent of the impact, direct effect on one or more Indian NPRM (85 FR 4919) published January if any, is expected to be minimal. The tribes, on the relationship between the 28, 2020. They all supported the anchorage area is located in an area of Federal Government and Indian tribes, proposed rule. We made no changes in Bolivar Roads that is not a popular or or on the distribution of power and the regulatory text of this rule from the productive fishing location. Further, the responsibilities between the Federal proposed regulatory text in the NPRM. location is in an area not routinely Government and Indian tribes. This rule establishes a 48-hour time transited by vessels heading to, or E. Unfunded Mandates Reform Act limit in Anchorage Area (B) in Bolivar returning from, known fishing grounds. Roads near Galveston, Texas, by Finally, the anchorage is located in an The Unfunded Mandates Reform Act revising paragraph (b)(2) in 33 CFR area that is not currently used by small of 1995 (2 U.S.C. 1531–1538) requires 110.197. entities, including small vessels, for Federal agencies to assess the effects of anchoring due to the depth of water their discretionary regulatory actions. In V. Regulatory Analyses naturally present in the area. Under particular, the Act addresses actions We developed this rule after section 213(a) of the Small Business that may result in the expenditure by a considering numerous statutes and Regulatory Enforcement Fairness Act of State, local, or tribal government, in the Executive orders related to rulemaking. 1996 (Pub. L. 104–121), we want to aggregate, or by the private sector of Below we summarize our analyses assist small entities in understanding $100,000,000 (adjusted for inflation) or based on a number of these statutes and this rule. If the rule would affect your more in any one year. Though this rule Executive orders, and we discuss First small business, organization, or will not result in such an expenditure, Amendment rights of protestors. governmental jurisdiction and you have we do discuss the effects of this rule questions concerning its provisions or elsewhere in this preamble. A. Regulatory Planning and Review options for compliance, please call or Executive Orders 12866 and 13563 email the person listed in the FOR F. Environment direct agencies to assess the costs and FURTHER INFORMATION CONTACT section. We have analyzed this rule under benefits of available regulatory Small businesses may send comments Department of Homeland Security alternatives and, if regulation is on the actions of Federal employees Directive 023–01, Rev. 1, associated necessary, to select regulatory who enforce, or otherwise determine implementing instructions, and approaches that maximize net benefits. compliance with, Federal regulations to Environmental Planning COMDTINST Executive Order 13771 directs agencies the Small Business and Agriculture 5090.1 (series), which guide the Coast to control regulatory costs through a Regulatory Enforcement Ombudsman Guard in complying with the National budgeting process. This rule has not and the Regional Small Business Environmental Policy Act of 1969 (42 been designated a ‘‘significant Regulatory Fairness Boards. The U.S.C. 4321–4370f), and have

VerDate Sep<11>2014 16:10 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM 01FER1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations 7649

determined that this action is one of a Dated: January 22, 2021. II. Background Information and category of actions that do not John P. Nadeau, Regulatory History individually or cumulatively have a Rear Admiral, U.S. Coast Guard, Commander, On September 16, 2020, the Coast significant effect on the human Eighth Coast Guard District. Guard published a notice of proposed environment. This rule involves [FR Doc. 2021–02000 Filed 1–29–21; 8:45 am] rulemaking entitled ‘‘Drawbridge establishing a 48-hour anchor time limit BILLING CODE 9110–04–P Operation Regulation; New Jersey in the Galveston Harbor Bolivar Roads Intracoastal Waterway, Atlantic City, Anchorage area B. It is categorically NJ’’ in the Federal Register (85 FR excluded from further review under DEPARTMENT OF HOMELAND 57808). We received one favorable paragraph L59(a) of Appendix A, Table SECURITY comment and one irrelevant comment. 1 of DHS Instruction Manual 023–01– Coast Guard III. Legal Authority and Need for Rule 001–01, Rev. 1. A Record of Environmental Consideration The Coast Guard is issuing this rule 33 CFR Part 117 under authority 33 U.S.C. 499. The New supporting this determination is Jersey Department of Transportation, available in the docket. For instructions [Docket No. USCG–2020–0334] which owns and operates the Route 30 on locating the docket, see the (Absecon Boulevard) Bridge, across the ADDRESSES section of this preamble. RIN 1625–AA09 NJICW Beach Thorofare, at mile 67.2, in G. Protest Activities Atlantic City, NJ, requested the Drawbridge Operation Regulation; New modification to allow the drawbridge to The Coast Guard respects the First Jersey Intracoastal Waterway, Atlantic remain in the closed-to-navigation Amendment rights of protesters. City, NJ position. The closure is necessary to Protesters are asked to call or email the facilitate bridge maintenance of the person listed in the FOR FURTHER AGENCY: Coast Guard, DHS. drawbridge, while ensuring the safety of those performing bridge maintenance INFORMATION CONTACT section to ACTION: Temporary final rule. coordinate protest activities so that your and vessels navigating in the area. A message can be received without SUMMARY: The Coast Guard is work platform will reduce the jeopardizing the safety or security of temporarily modifying the operating horizontal clearance of the navigation people, places or vessels. schedule that governs the Route 30 channel to approximately 30 feet and (Absecon Boulevard) Bridge across the temporary shielding will reduce the List of Subjects in 33 CFR Part 110 New Jersey Intracoastal Waterway vertical clearance of the entire bridge to approximately 19 feet above mean high Anchorage grounds. (NJICW), Beach Thorofare, mile 67.2, at Atlantic City, NJ. This temporary water in the closed position. Under the temporary final rule, the For the reasons discussed in the modification will allow the drawbridge drawbridge will remain in the closed-to- preamble, the Coast Guard amends 33 to remain in the closed-to-navigation navigation position from 8 a.m. on CFR part 110 as follows: position to accommodate critical bridge March 3, 2021, through 5 p.m. on March maintenance. PART 110—GALVESTON HARBOR, 31, 2021; from 8 a.m. on November 1, BOLIVAR ROADS CHANNEL, TEXAS DATES: This temporary final rule is 2021, through 5 p.m. on March 31, 2022; effective from March 3, 2021, through 5 and from 8 a.m. on November 1, 2022, p.m. on March 31, 2023. through 5 p.m. on March 31, 2023. At ■ 1. The authority citation for part 110 all other times the drawbridge will continues to read as follows: ADDRESSES: To view documents mentioned in this preamble as being operate per 33 CFR 117.733 (e). The Authority: 33 U.S.C. 471, 2071; 46 U.S.C. available in the docket, go to https:// bridge will not be able to open for 70034; 33 CFR 1.05–1; Department of www.regulations.gov. Type USCG– emergencies and there is no immediate Homeland Security Delegation No. 0170.1. 2020–0334 in the ‘‘SEARCH’’ box and alternative route for vessels unable to pass through the bridge in the closed ■ click ‘‘SEARCH.’’ Click on Open Docket 2. Revise § 110.197(b)(2) to read as position. Vessels that can safely transit Folder on the line associated with this follows: through the bridge in the closed rulemaking. § 110.197 Galveston Harbor, Bolivar Roads position with the reduced vertical and FOR FURTHER INFORMATION CONTACT: Channel, Texas. If horizontal clearances may do so, if at you have questions on this rule, call or least 30 minutes notice is given, to * * * * * email Mr. Mickey Sanders, Bridge allow for safe navigation. (b) * * * Administration Branch, Fifth District, U.S. Coast Guard, telephone (757) 398– IV. Discussion of Comments, Changes (2) Except when stress of weather and the Temporary Final Rule makes sailing impractical or hazardous, 6587, email Mickey.D.Sanders2@ uscg.mil. The Coast Guard provided a period of vessels shall not anchor in anchorage 30 days and two comments were areas (A), (B), or (C) for more than 48 SUPPLEMENTARY INFORMATION: received. One was in favor of the hours unless expressly authorized by I. Table of Abbreviations schedule change, and the other was the Captain of the Port Houston- outside the scope of the proposed Galveston. Permission to anchor for CFR Code of Federal Regulations regulation. No changes were made to the DHS Department of Homeland Security longer periods may be obtained through regulatory text of this temporary final Coast Guard Vessel Traffic Service FR Federal Register OMB Office of Management and Budget rule. Houston/Galveston on VHF–FM NPRM Notice of Proposed Rulemaking V. Regulatory Analyses channels 12 (156.60 MHz) or 13 (156.65 (Advance, Supplemental) MHz). § Section The Coast Guard developed this rule * * * * * U.S.C. United States Code after considering numerous statues and NJICW New Jersey Intercoastal Waterway Executive Orders related to rulemaking.

VerDate Sep<11>2014 16:10 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM 01FER1 7650 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations

Below we summarize our analyses listed in the FOR FURTHER INFORMATION F. Environment based on a number of these statues and CONTACT, section. We have analyzed this rule under Executive Orders, and we discuss First Small businesses may send comments Department of Homeland Security Amendment rights of protestors. on the actions of Federal employees Management Directive 023–01, Rev.1, A. Regulatory Planning and Review who enforce, or otherwise determine associated implementing instructions, compliance with, Federal regulations to and Environmental Planning Policy Executive Orders 12866 and 13563 the Small Business and Agriculture COMDTINST 5090.1 (series), which direct agencies to assess the costs and Regulatory Enforcement Ombudsman guide the Coast Guard in complying benefits of available regulatory and the Regional Small Business with the National Environmental Policy alternatives and, if regulation is Regulatory Fairness Boards. The Act of 1969 (NEPA) (42 U.S.C. 4321– necessary, to select regulatory Ombudsman evaluates these actions 4370f). The Coast Guard has determined approaches that maximize net benefits. annually and rates each agency’s that this action is one of a category of Executive Order 13771 directs agencies responsiveness to small business. If you actions that do not individually or to control regulatory costs through a wish to comment on actions by cumulatively have a significant effect on budgeting process. This rule has not employees of the Coast Guard, call 1– the human environment. This rule been designated a ‘‘significant 888–REG–FAIR (1–888–734–3247). The promulgates the operating regulations or regulatory action,’’ under Executive Coast Guard will not retaliate against procedures for drawbridges and is Order 12866. Accordingly, it has not small entities that question or complain categorically excluded from further been reviewed by the Office of about this rule or any policy or action review, under paragraph L49, of Chapter Management and Budget (OMB) and of the Coast Guard. 3, Table 3–1 of the U.S. Coast Guard pursuant to OMB guidance it is exempt C. Collection of Information Environmental Planning from the requirements of Executive Implementation Procedures. Order 13771. This rule calls for no new collection Neither a Record of Environmental This regulatory action determination of information under the Paperwork Consideration nor a Memorandum for is based on the fact that the closure will Reduction Act of 1995 (44 U.S.C. 3501– the Record are required for this rule. occur outside of recreational boating 3520). season on the NJICW, and only during G. Protest Activities D. Federalism and Indian Tribal specific daily hours. An average of only Governments The Coast Guard respects the First 40 annual bridge openings occurred for Amendment rights of protesters. recreational vessels and light tugs from A rule has implications for federalism Protesters are asked to contact the November 1 to March 31 between 2015 under Executive Order 13132, person listed in the FOR FURTHER through 2017. Federalism, if it has a substantial direct INFORMATION CONTACT section to effect on the States, on the relationship B. Impact on Small Entities coordinate protest activities so that your between the national government and message can be received without The Regulatory Flexibility Act of 1980 the States, or on the distribution of jeopardizing the safety or security of (RFA), 5 U.S.C. 601–612, as amended, power and responsibilities among the people, places or vessels. requires federal agencies to consider the various levels of government. We have potential impact of regulations on small analyzed this rule under that Order and List of Subjects in 33 CFR Part 117 entities during rulemaking. The term have determined that it is consistent Bridges. ‘‘small entities’’ comprises small with the fundamental federalism For the reasons discussed in the businesses, not-for-profit organizations principles and preemption requirements preamble, the Coast Guard amends 33 that are independently owned and described in Executive Order 13132. CFR part 117 as follows: operated and are not dominant in their Also, this rule does not have tribal fields, and governmental jurisdictions implications under Executive Order PART 117—DRAWBRIDGE with populations of less than 50,000. 13175, Consultation and Coordination OPERATION REGULATIONS The Coast Guard received no comments with Indian Tribal Governments, from the Small Business Administration because it does not have a substantial ■ 1. The authority citation for part 117 on this rule. The Coast Guard certifies direct effect on one or more Indian continues to read as follows: under 5 U.S.C. 605(b) that this rule will tribes, on the relationship between the Authority: 33 U.S.C. 499; 33 CFR 1.05–1; not have a significant economic impact Federal Government and Indian tribes, Department of Homeland Security Delegation on a substantial number of small or on the distribution of power and No. 0170.1. entities. responsibilities between the Federal ■ 2. Revise § 117.733 by adding While some owners or operators of Government and Indian tribes. paragraph (e)(4) to read as follows: vessels intending to transit the bridge may be small entities, for the reasons E. Unfunded Mandates Reform Act § 117.733 New Jersey Intracoastal stated in section V.A above, this rule The Unfunded Mandates Reform Act Waterway. will not have a significant economic of 1995 (2 U.S.C. 1531–1538) requires * * * * * impact on any vessel owner or operator. Federal agencies to assess the effects of (e) * * * Under section 213(a) of the Small their discretionary regulatory actions. In (4) From 8 a.m. on March 3, 2021, Business Regulatory Enforcement particular, the Act addresses actions through 5 p.m. on March 31, 2021; from Fairness Act of 1996 (Pub. L. 104–121), that may result in the expenditure by a 8 a.m. on November 1, 2021, through 5 we want to assist small entities in State, local, or tribal government, in the p.m. on March 31, 2022; and from 8 a.m. understanding this rule. If the rule aggregate, or by the private sector of on November 1, 2022, through 5 p.m. on would affect your small business, $100,000,000 (adjusted for inflation) or March 31, 2023, the drawbridge will be organization, or governmental more in any one year. Though this rule maintained in the closed-to-navigation jurisdiction and you have questions will not result in such an expenditure, position. A work platform will reduce concerning its provisions or options for we do discuss the effects of this rule the horizontal clearance of the compliance, please contact the person elsewhere in this preamble. navigation channel to approximately 30

VerDate Sep<11>2014 16:10 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM 01FER1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations 7651

feet and temporary shielding will FOR FURTHER INFORMATION CONTACT: If Therefore, this temporary final rule is reduce the vertical clearance of the you have questions on this rule, call or being published before the comment entire bridge to approximately 19 feet email Marine Science Technician First period ends on the notice of proposed above mean high water in the closed Class Michael D. Shackleford, Sector St. rulemaking. position. Vessels that can safely transit Petersburg Prevention Department, Under 5 U.S.C. 553(d)(3), the Coast through the bridge in the closed Coast Guard; telephone (813) 228–2191, Guard finds that good cause exists for position with the reduced clearances email [email protected]. making this rule effective less than 30 may do so, if at least 30 minutes notice SUPPLEMENTARY INFORMATION: days after publication in the Federal is given, to allow for safe navigation. Register. Delaying the effective date of I. Table of Abbreviations * * * * * this rule for the same reasons stated in CFR Code of Federal Regulations the preceding paragraph. Dated: January 13, 2021. DHS Department of Homeland Security L.M. Dickey, FR Federal Register III. Discussion of the Rule Rear Admiral, U.S. Coast Guard, Commander, NPRM Notice of proposed rulemaking This rule establishes a safety zone Fifth Coast Guard District. § Section from January 29, 2021, through February U.S.C. United States Code [FR Doc. 2021–02058 Filed 1–29–21; 8:45 am] 7, 2021. The safety zone would cover BILLING CODE 9110–04–P II. Background Information and certain navigable waters of Garrison Regulatory History Channel, Seddon Channel Turning The Coast Guard is issuing this Basin, and the Hillsborough River, in DEPARTMENT OF HOMELAND temporary rule without prior notice and the vicinity of downtown Tampa, SECURITY opportunity to comment pursuant to Florida. The duration of the zone is intended to ensure the safety of persons, Coast Guard authority under section 4(a) of the Administrative Procedure Act (APA) (5 vessels, and navigable waters before, during, and after the scheduled events. 33 CFR Part 165 U.S.C. 553(b)). This provision authorizes an agency to issue a rule All persons and vessels would be [Docket Number USCG–2020–0691] without prior notice and opportunity to required to transit through the safety zone at a steady speed and may not slow RIN 1625–AA00 comment when the agency for good cause finds that those procedures are down, stop or anchor except in the case ‘‘impracticable, unnecessary, or contrary of unforeseen mechanical failure or Safety Zone; Super Bowl LV; other emergency unless given prior Hillsborough Bay and River, Tampa, FL to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that authorization from the COTP. Any AGENCY: Coast Guard, Department of good cause exists for bypassing the full person or vessel forced to slow or stop Homeland Security (DHS). notice and comment process because it in the established zone must ACTION: Temporary final rule. is impracticable and contrary to the immediately notify the Captain of the public interest to do so in this situation. Port Tampa via VHF channel 16. SUMMARY: The Coast Guard is On September 22, 2020, the Maritime IV. Regulatory Analyses establishing a temporary safety zone on Subcommittee for Super Bowl LV We developed this rule after certain waters of Garrison Channel, notified the Coast Guard that during the Seddon Channel Turning Basin, and the considering numerous statutes and Super Bowl LV event celebrations there Executive orders related to rulemaking. Hillsborough River, in the vicinity of will be several planned super bowl- downtown Tampa, Florida during the Below we summarize our analyses related events throughout the waterfront based on a number of these statutes and Super Bowl LV celebrations. The safety areas of Tampa, FL. These events will zone is necessary to protect the public Executive orders, and we discuss First occur at various times from January 29, Amendment rights of protestors. and Super Bowl LV event personnel 2021 through February 7, 2021. These from the hazards associated with events could lead to large gatherings of A. Regulatory Planning and Review potential vessel traffic within the area of persons and vessels in waterways Executive Orders 12866 and 13563 the safety zone. All persons and vessels around the Tampa area. The Captain of direct agencies to assess the costs and would be required to transit through the the Port St. Petersburg (COTP) has benefits of available regulatory safety zone at a steady speed and may determined that the potential hazards alternatives and, if regulation is not slow down, stop or anchor except in associated with persons and vessel necessary, to select regulatory the case of unforeseen mechanical congestion within the safety zone approaches that maximize net benefits. failure or other emergency unless given during these events is a safety concern. Executive Order 13771 directs agencies prior authorization from the Captain of A notice of proposed rulemaking was to control regulatory costs through a the Port. Any person or vessel forced to published to the Federal Register on budgeting process. This rule has not slow or stop in the established zone January 4, 2021, however, there remains been designated a ‘‘significant must immediately notify the Captain of insufficient time to complete the full regulatory action,’’ under Executive the Port Tampa via VHF channel 16. 1 rulemaking process. It is necessary for Order 12866. Accordingly, this rule has DATES: This rule is effective daily from the Coast Guard to establish this safety not been reviewed by the Office of 12:01 a.m. on January 29, 2021, through zone by January 29, 2021, in order to Management and Budget (OMB), and 11:59 p.m. on February 7, 2021. ensure the appropriate level of pursuant to OMB guidance it is exempt ADDRESSES: To view documents protection exists in order to mitigate the from the requirements of Executive mentioned in this preamble as being potential safety hazards associated with Order 13771. available in the docket, go to https:// the Super Bowl LV event celebrations. This regulatory action determination www.regulations.gov, type USCG–2020– is based on the size, location, scope and 0691 in the ‘‘SEARCH’’ box and click 1 See Coast Guard notice of proposed rulemaking, duration of the safety zone. The rule ‘‘Safety Zone; Super Bowl LV; Hillsborough Bay ‘‘SEARCH.’’ Click on Open Docket and River, Tampa, FL’’ (86 FR 32) (this document will impact only a small designated area Folder on the line associated with this is available at: https://beta.regulations.gov/ of Garrison Channel, Seddon Channel rule. document/USCG-2020-0691-0001). Turning Basin, and the Hillsborough

VerDate Sep<11>2014 16:10 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM 01FER1 7652 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations

River in the vicinity of downtown C. Collection of Information excluded from further review under Tampa, Florida, and vessel traffic will This rule will not call for a new paragraph L60(a) of Appendix A, Table be able to safely operate in the area with collection of information under the 1 of DHS Instruction Manual 023–01– minimal restrictions, hence the safety Paperwork Reduction Act of 1995 (44 001–01, Rev. 1. A Record of zone is limited in size and location. U.S.C. 3501–3520). Environmental Consideration Vessels will be able to transit through supporting this determination is the safety zone at a steady speed, D. Federalism and Indian Tribal available in the docket. For instructions making it limited in scope. The safety Governments on locating the docket, see the zone will be in effect for ten days, A rule has implications for federalism ADDRESSES section of this preamble. making it limited in duration. The Coast under Executive Order 13132, G. Protest Activities Guard will issue a Broadcast Notice to Federalism, if it has a substantial direct Mariners via VHF–FM Channel 16 about effect on the States, on the relationship The Coast Guard respects the First the safety zone. between the National Government and Amendment rights of protesters. the States, or on the distribution of Protesters are asked to call or email the B. Impact on Small Entities power and responsibilities among the person listed in the FOR FURTHER The Regulatory Flexibility Act of various levels of government. We have INFORMATION CONTACT section to 1980, 5 U.S.C. 601–612, as amended, analyzed this rule under that order and coordinate protest activities so that your requires Federal agencies to consider have determined that it is consistent message can be received without the potential impact of regulations on with the fundamental federalism jeopardizing the safety or security of small entities during rulemaking. The principles and preemption requirements people, places or vessels. term ‘‘small entities’’ comprises small described in Executive Order 13132. List of Subjects in 33 CFR Part 165 businesses, not-for-profit organizations Also, this rule does not have tribal implications under Executive Order Harbors, Marine safety, Navigation that are independently owned and (water), Reporting and recordkeeping operated and are not dominant in their 13175, Consultation and Coordination with Indian Tribal Governments, requirements, Security measures, fields, and governmental jurisdictions Waterways. with populations of less than 50,000. because it does not have a substantial The Coast Guard certifies under 5 U.S.C. direct effect on one or more Indian For the reasons discussed in the 605(b) that this rule will not have a tribes, on the relationship between the preamble, the Coast Guard amends 33 significant economic impact on a Federal Government and Indian tribes, CFR part 165 as follows: substantial number of small entities. or on the distribution of power and responsibilities between the Federal PART 165—REGULATED NAVIGATION While some owners or operators of Government and Indian tribes. AREAS AND LIMITED ACCESS AREAS vessels intending to transit the safety zone may be small entities, for the E. Unfunded Mandates Reform Act ■ 1. The authority citation for part 165 reasons stated in section IV.A above, The Unfunded Mandates Reform Act continues to read as follows: this rule will not have a significant of 1995 (2 U.S.C. 1531–1538) requires Authority: 46 U.S.C. 70034, 70051; 33 CFR economic impact on any vessel owner Federal agencies to assess the effects of 1.05–1, 6.04–1, 6.04–6, and 160.5; or operator. their discretionary regulatory actions. In Department of Homeland Security Delegation No. 0170.1. Under section 213(a) of the Small particular, the Act addresses actions Business Regulatory Enforcement that may result in the expenditure by a ■ 2. Add § 165.T07–0691 to read as Fairness Act of 1996 (Pub. L. 104–121), State, local, or tribal government, in the follows: we want to assist small entities in aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or § 165.T07–0691 Safety Zone; Super Bowl understanding this rule. If the rule LV, Hillsborough Bay and River, Tampa, FL. would affect your small business, more in any one year. Though this rule will not result in such an expenditure, (a) Location. The following regulated organization, or governmental area is a safety zone: All waters in the jurisdiction and you have questions we do discuss the effects of this rule elsewhere in this preamble. vicinity of downtown, Tampa, Florida, concerning its provisions or options for in the Hillsborough River downstream compliance, please call or email the F. Environment of the North Boulevard Bridge; the FOR FURTHER person listed in the We have analyzed this rule under turning basin at the mouth of INFORMATION CONTACT section. Department of Homeland Security Hillsborough River north of Seddon Small businesses may send comments Directive 023–01, Rev. 1, associated Channel, west of the South Harbour on the actions of Federal employees implementing instructions, and Island Boulevard Bridge, and northeast who enforce, or otherwise determine Environmental Planning COMDTINST of the northwest-bound span of the compliance with, Federal regulations to 5090.1 (series), which guide the Coast Davis Islands Bridge; and Garrison the Small Business and Agriculture Guard in complying with the National Channel west of the Beneficial Drive Regulatory Enforcement Ombudsman Environmental Policy Act of 1969 (42 Bridge. and the Regional Small Business U.S.C. 4321–4370f), and have (b) Definition. The term ‘‘designated Regulatory Fairness Boards. The determined that this action is one of a representative’’ means Coast Guard Ombudsman evaluates these actions category of actions that do not Patrol Commanders, including Coast annually and rates each agency’s individually or cumulatively have a Guard coxswains, petty officers, and responsiveness to small business. If you significant effect on the human other officers operating Coast Guard wish to comment on actions by environment. This rule involves a safety vessels, and Federal, state, and local employees of the Coast Guard, call 1– zone lasting approximately 4 days that officers designated by or assisting the 888–REG–FAIR (1–888–734–3247). The will prohibit entry to all navigable Captain of the Port St. Petersburg in the Coast Guard will not retaliate against waters of Tampa Bay, Florida east of a enforcement of the regulated area. small entities that question or complain line formed by connecting the points of (c) Regulations. (1) All persons and about this rule or any policy or action 27°48′9″ N, 082°24′56″ W and 27°48′0″ vessels are required to transit through of the Coast Guard. N, 082°24′56″ W. It is categorically the safety zone at a steady speed and

VerDate Sep<11>2014 16:10 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM 01FER1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations 7653

may not slow down, stop, or anchor the Federal Register of Monday, January I. Background except in the case of unforeseen 11, 2021, the following correction is mechanical failure or other emergency, made: On November 2, 2015, the President to avoid collision, or to otherwise signed into law the Federal Civil comply with the Inland Navigation § 210.10 [Corrected] Penalties Inflation Adjustment Act Rules (33 CFR part 83), unless given ■ 1. On page 2203, in the third column, Improvements Act of 2015 (Sec. 701 of prior authorization from the Captain of in part 210, in amendment 3, the Pub. L. 114–74) (‘‘the Act’’). The Act the Port. Any person or vessel forced to instruction ‘‘Amend § 210.10 by revising requires Federal agencies to adjust the slow or stop in the established zone paragraphs (b) introductory text, (b)(1), level of civil monetary penalties must immediately notify the Captain of (b)(2) introductory text, and (b)(3)(i) and annually for inflation no later than the Port Tampa via VHF channel 16. adding paragraphs (c) through (m) to January 15 of each year. (2) The Coast Guard will provide read as follows:’’ is corrected to read II. Calculation of Annual Adjustments notice of the regulated area by Local ‘‘Amend § 210.10 by revising paragraphs Notice to Mariners, Broadcast Notice to (b) introductory text, (b)(1), (b)(2) The Office of Management and Budget Mariners, and on-scene designated introductory text, and (b)(3)(i) and (OMB) recently issued guidance to assist representatives. adding paragraphs (c) through (o) to Federal agencies in implementing the (d) Enforcement period. This section read as follows:’’ annual adjustments required by the Act will be enforced daily from January 29, Dated: January 25, 2021. which agencies must complete by 2021, through February 7, 2021. Shira Perlmutter, January 15, 2021. See December 23, Dated: January 15, 2021. Register of Copyrights and Director of the 2020, Memorandum for the Heads of Matthew A. Thompson, U.S. Copyright Office. Executive Departments and Agencies, Captain, U.S. Coast Guard, Captain of the Approved by: from Russel T. Vought, Director, Office Port St. Petersburg. Carla D. Hayden, of Management and Budget, re: [FR Doc. 2021–02107 Filed 1–28–21; 11:15 am] Implementation of Penalty Inflation Librarian of Congress. BILLING CODE 9110–04–P Adjustments for 2021, Pursuant to the [FR Doc. 2021–02049 Filed 1–29–21; 8:45 am] Federal Civil Penalties Inflation BILLING CODE 1410–30–P Adjustment Act Improvements Act of LIBRARY OF CONGRESS 2015 (M–21–10). The guidance states that the cost-of-living adjustment Copyright Office DEPARTMENT OF THE INTERIOR multiplier for 2021, based on the Office of the Secretary of the Interior Consumer Price Index (CPI–U) for the 37 CFR Part 210 month of October 2020, not seasonally [Docket No. 2020–12] 43 CFR Part 10 adjusted, is 1.01182. (The annual inflation adjustments are based on the Music Modernization Act Transition [NPS–WASO–NAGPRA–31250; percent change between the October Period Transfer and Reporting of PPWOVPADU0/PPMPRLE1Y.Y00000] CPI–U preceding the date of the Royalties to the Mechanical Licensing RIN 1024–AE67 adjustment, and the prior year’s October Collective; Correction CPI–U.) The guidance instructs agencies Civil Penalties Inflation Adjustments to complete the 2021 annual adjustment AGENCY: U.S. Copyright Office, Library by multiplying each applicable penalty of Congress. AGENCY: Office of the Secretary, Interior. by the multiplier, 1.01182, and ACTION: Final rule; correction. ACTION: Final rule. rounding to the nearest dollar. SUMMARY: The U.S. Copyright Office is SUMMARY: This rule revises U.S. The annual adjustment applies to all correcting a final rule that appeared in Department of the Interior regulations civil monetary penalties with a dollar the Federal Register on January 11, implementing the Native American amount that are subject to the Act. A 2021. The rule addressed digital music Graves Protection and Repatriation Act civil monetary penalty is any providers’ obligations to transfer and to provide for annual adjustments of assessment with a dollar amount that is report accrued royalties for the use of civil penalties to account for inflation levied for a violation of a Federal civil unmatched musical works (or shares under the Federal Civil Penalties statute or regulation, and is assessed or thereof) to the mechanical licensing Inflation Adjustment Act Improvements enforceable through a civil action in collective for purposes of eligibility for Act of 2015 and Office of Management Federal court or an administrative the Music Modernization Act’s and Budget guidance. The purpose of proceeding. A civil monetary penalty limitation on liability for prior these adjustments is to maintain the does not include a penalty levied for unlicensed uses. deterrent effect of civil penalties and to violation of a criminal statute, or fees for DATES: Effective February 10, 2021. further the policy goals of the services, licenses, permits, or other FOR FURTHER INFORMATION CONTACT: John underlying statute. regulatory review. This final rule adjusts R. Riley, Assistant General Counsel, by DATES: This rule is effective on February the following civil monetary penalties email at [email protected], or Jason E. 1, 2021. contained in the Department regulations Sloan, Assistant General Counsel, by FOR FURTHER INFORMATION CONTACT: implementing the Native American email at [email protected]. Each can be Melanie O’Brien, Manager, National Graves Protection and Repatriation Act contacted by telephone by calling (202) NAGPRA Program, (202) 354–2204, (NAGPRA) for 2021 by multiplying 707–8350. National Park Service, 1849 C Street 1.01182 by each penalty amount as SUPPLEMENTARY INFORMATION: In FR Doc. NW, Washington, DC 20240. updated by the adjustment made in 2020–29190 appearing on page 2176 in SUPPLEMENTARY INFORMATION: 2020:

VerDate Sep<11>2014 16:10 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM 01FER1 7654 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations

Current penalty including Annual Adjusted CFR citation Description of the penalty catch-up adjustment penalty adjustment (multiplier)

43 CFR 10.12(g)(2) ...... Failure of Museum to Comply ...... $6,955 1.01182 $7,037 43 CFR 10.12(g)(3) ...... Continued Failure to Comply Per Day ...... 1,392 1.01182 1,408

Consistent with the Act, the adjusted apply to this final rule because the in clear language and contain clear legal penalty levels for 2021 will take effect Office of the Secretary is not required to standards. immediately upon the effective date of publish a proposed rule for the reasons H. Consultation With Indian Tribes the adjustment. The adjusted penalty explained below in Section III.L. (E.O. 13175 and Departmental policy) levels for 2021 will apply to penalties C. Congressional Review Act assessed after that date including, if The Department of the Interior strives consistent with agency policy, This rule is not a major rule under 5 to strengthen its government-to- assessments associated with violations U.S.C. 804(2). This rule: government relationship with Indian that occurred on or after November 2, (a) Does not have an annual effect on tribes through a commitment to 2015. The Act does not, however, the economy of $100 million or more. consultation with Indian tribes and change previously assessed penalties (b) Will not cause a major increase in recognition of their right to self- that the Department is collecting or has costs or prices for consumers, governance and tribal sovereignty. We collected. Nor does the Act change an individual industries, Federal, State, or have evaluated this rule under the agency’s existing statutory authorities to local government agencies, or Department’s consultation policy and adjust penalties. geographic regions. under the criteria in Executive Order (c) Does not have significant adverse III. Procedural Requirements 13175 and have determined that it has effects on competition, employment, no substantial direct effects on federally A. Regulatory Planning and Review investment, productivity, innovation, or recognized Indian tribes and that (E.O. 12866 and 13563) the ability of U.S.-based enterprises to consultation under the Department’s compete with foreign-based enterprises. Executive Order 12866 provides that tribal consultation policy is not the Office of Information and Regulatory D. Unfunded Mandates Reform Act required. Affairs in the Office of Management and This rule does not impose an I. Paperwork Reduction Act Budget will review all significant rules. unfunded mandate on State, local, or This rule does not contain The Office of Information and tribal governments, or the private sector information collection requirements, Regulatory Affairs has determined that of more than $100 million per year. The and a submission to the Office of this rule is not significant. rule does not have a significant or Management and Budget under the Executive Order 13563 reaffirms the unique effect on State, local, or tribal Paperwork Reduction Act (44 U.S.C. principles of E.O. 12866 while calling governments or the private sector. A 3501 et seq.) is not required. We may for improvements in the Nation’s statement containing the information not conduct or sponsor, and you are not regulatory system to promote required by the Unfunded Mandates required to respond to, a collection of predictability, to reduce uncertainty, Reform Act (2 U.S.C. 1531 et seq.) is not information unless it displays a and to use the best, most innovative, required. and least burdensome tools for currently valid OMB control number. E. Takings (E.O. 12630) achieving regulatory ends. The J. National Environmental Policy Act Executive order directs agencies to This rule does not effect a taking of consider regulatory approaches that private property or otherwise have This rule does not constitute a major reduce burdens and maintain flexibility taking implications under Executive Federal action significantly affecting the and freedom of choice for the public Order 12630. A takings implication quality of the human environment. A where these approaches are relevant, assessment is not required. detailed statement under the National feasible, and consistent with regulatory Environmental Policy Act of 1969 objectives. E.O. 13563 emphasizes F. Federalism (E.O. 13132) (NEPA) is not required because the rule further that regulations must be based Under the criteria in section 1 of is covered by a categorical exclusion. on the best available science and that Executive Order 13132, this rule does This rule is excluded from the the rulemaking process must allow for not have sufficient federalism requirement to prepare a detailed public participation and an open implications to warrant the preparation statement because it is a regulation of an exchange of ideas. We have developed of a federalism summary impact administrative nature. (For further this rule in a manner consistent with statement. A federalism summary information see 43 CFR 46.210(i).) We these requirements. impact statement is not required. have also determined that the rule does not involve any of the extraordinary B. Regulatory Flexibility Act G. Civil Justice Reform (E.O. 12988) circumstances listed in 43 CFR 46.215 The Regulatory Flexibility Act (RFA) This rule complies with the that would require further analysis requires an agency to prepare a requirements of E.O. 12988. under NEPA. regulatory flexibility analysis for rules Specifically, this rule: K. Effects on the Energy Supply (E.O. unless the agency certifies that the rule (a) Meets the criteria of section 3(a) 13211) will not have a significant economic requiring that all regulations be impact on a substantial number of small reviewed to eliminate errors and This rule is not a significant energy entities. The RFA applies only to rules ambiguity and be written to minimize action under the definition in Executive for which an agency is required to first litigation; and Order 13211; the rule is not likely to publish a proposed rule. See 5 U.S.C. (b) Meets the criteria of section 3(b)(2) have a significant adverse effect on the 603(a) and 604(a). The RFA does not requiring that all regulations be written supply, distribution, or use of energy,

VerDate Sep<11>2014 16:10 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM 01FER1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations 7655

and the rule has not otherwise been Accordingly, we are issuing the 2021 Authority: 16 U.S.C. 470dd; 25 U.S.C. 9, designated by the Administrator of annual adjustments as a final rule 3001 et seq. Office of Information and Regulatory without prior notice or an opportunity § 10.12 [Amended] Affairs as a significant energy action. A for comment and with an effective date Statement of Energy Effects is not immediately upon publication in the ■ 2. In § 10.12: required. Federal Register. ■ a. In paragraph (g)(2) introductory L. Administrative Procedure Act List of Subjects in 43 CFR Part 10 text, remove ‘‘$6,955’’ and add in its Administrative practice and place ‘‘$7,037’’. The Act requires agencies to publish procedure, Hawaiian natives, Historic ■ annual inflation adjustments by no later b. In paragraph (g)(3), remove preservation, Indians—claims, ‘‘$1,392’’ and add in its place ‘‘$1,408’’. than January 15 of each year, Indians—lands, Museums, Penalties, notwithstanding section 553 of the Public lands, Reporting and George Wallace, Administrative Procedure Act (APA) (5 recordkeeping requirements. Assistant Secretary for Fish and Wildlife and U.S.C. 553). OMB has interpreted this For the reasons given in the preamble, Parks. direction to mean that the usual APA the Office of the Secretary amends 43 public procedure for rulemaking— Editorial note: This document was CFR part 10 as follows: which includes public notice of a received for publication by the Office of the proposed rule, an opportunity for public PART 10—NATIVE AMERICAN Federal Register on January 14, 2021. comment, and a delay in the effective GRAVES PROTECTION AND [FR Doc. 2021–01303 Filed 1–29–21; 8:45 am] date of a final rule—is not required REPATRIATION REGULATIONS BILLING CODE 4312–52–P when agencies issue regulations to implement the annual adjustments to ■ 1. The authority citation for part 10 civil penalties that the Act requires. continues to read as follows:

VerDate Sep<11>2014 16:10 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4700 Sfmt 9990 E:\FR\FM\01FER1.SGM 01FER1 7656

Proposed Rules Federal Register Vol. 86, No. 19

Monday, February 1, 2021

This section of the FEDERAL REGISTER www.regulations.gov. Please do not proposal to extend the effective date by contains notices to the public of the proposed include any personally identifiable or 60 days to May 14, 2021. issuance of rules and regulations. The confidential business information you Nancy Rooney, purpose of these notices is to give interested do not want publicly disclosed. persons an opportunity to participate in the Deputy Assistant Secretary. rule making prior to the adoption of the final FOR FURTHER INFORMATION CONTACT: [FR Doc. 2021–02090 Filed 1–27–21; 4:15 pm] rules. Brian Pasternak, Administrator, Office BILLING CODE 4510–FP–P of Foreign Labor Certification, Employment and Training DEPARTMENT OF LABOR Administration, Department of Labor, DEPARTMENT OF THE INTERIOR Employment and Training 200 Constitution Avenue NW, Room N– Administration 5311, Washington, DC 20210, telephone: Office of the Assistant Secretary Indian (202) 693–8200 (this is not a toll-free Affairs [DOL Docket No. ETA–2020–0006] number). Individuals with hearing or RIN 1205–AC00 speech impairments may access the 25 CFR Part 1000 telephone numbers above via TTY/TDD Strengthening Wage Protections for [212A2100DD/AAKC001030/ by calling the toll-free Federal A0A501010.999900 253G] the Temporary and Permanent Information Relay Service at 1 (877) Employment of Certain Aliens in the 889–5627. Self-Governance PROGRESS Act United States: Proposed Delay of SUPPLEMENTARY INFORMATION: Negotiated Rulemaking Committee Effective Date Establishment; Nominations The Employment and Training AGENCY: Employment and Training Administration (ETA) published a final AGENCY: Office of the Assistant Administration, Department of Labor. rule entitled Strengthening Wage Secretary—Indian Affairs, Interior. ACTION: Proposed delay of effective date; Protections for the Temporary and ACTION: Notice of intent to establish request for comments. Permanent Employment of Certain committee; request for nominations. SUMMARY: In accordance with the Aliens in the United States on January SUMMARY: The U.S. Department of the Presidential directive as expressed in 14, 2021 (86 FR 3608). The Agency Interior (DOI) is announcing its intent to the memorandum of January 20, 2021, bases this action on the Presidential establish a Self-Governance PROGRESS from the Assistant to the President and directive as expressed in the Act Negotiated Rulemaking Committee Chief of Staff, entitled ‘‘Regulatory memorandum of January 20, 2021, from (Committee) to negotiate and advise the Freeze Pending Review,’’ this action the Assistant to the President and Chief Secretary of the Interior (Secretary) on a proposes, following a 15 day comment of Staff, entitled ‘‘Regulatory Freeze proposed rule to implement the period, to further delay until May 14, Pending Review.’’ The Memorandum Practical Reforms and Other Goals To 2021, the effective date of the rule directs agencies to consider delaying the Reinforce the Effectiveness of Self- entitled Strengthening Wage Protections effective date for regulations for the Governance and Self-Determination for for the Temporary and Permanent purpose of reviewing questions of fact, Indian Tribes Act of 2019 (PROGRESS Employment of Certain Aliens in the law, and policy raised therein. Act). The DOI is soliciting comments on United States, published in the Federal Therefore, in accordance with the its proposal to form a negotiated Register on January 14, 2021. The Memorandum, ETA proposes to delay rulemaking committee; and invites current effective date is March 15, 2021. the effective date for the rule entitled nominations for Committee members This proposed delay of 60 days will ‘‘Strengthening Wage Protections for the who will adequately represent the allow agency officials the opportunity to Temporary and Permanent Employment interests that are likely to be review any questions of fact, law, or of Certain Aliens in the United States’’ significantly affected by the proposed policy the rule may raise. to May 14, 2021. Given the complexity rule. DATES: The Department invites written of this regulation, ETA has determined comments on the proposed delayed that a 60-day extension of the effective DATES: Comments regarding the intent effective date from interested parties. date is necessary to provide adequate to establish this Committee and Written comments must be received by time to review this regulation. The nominations for Committee members (postmarked, sent, or received) by proposed extension of the effective date must be submitted no later than March February 16, 2021. will not affect the compliance dates of 3, 2021. the rule. ADDRESSES: You may submit written ADDRESSES: Send written comments and comments electronically by the ETA seeks comment on the proposed nominations to Ms. Vickie Hanvey, by following method: delay, including the proposed delay’s any of the following methods: • Federal eRulemaking Portal: http:// impact on any legal, factual, or policy • (Preferred method) Email to: www.regulations.gov. Follow the issues raised by the underlying rule and [email protected]; instructions on the website for whether further review of those issues • Mail, hand-carry or use an submitting comments. warrants such a delay. All other overnight courier service to Ms. Vickie Instructions. Include the docket comments on the underlying rule will Hanvey, Office of Self-Governance, number ETA–2020–0006 in your be considered to be outside the scope of Office of the Assistant Secretary— comments. All comments received will this rulemaking. ETA therefore seeks Indian Affairs, 1849 C Street NW, Mail be posted without change to http:// comment by February 16, 2021 on its Stop 4660, Washington, DC 20240.

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7657

FOR FURTHER INFORMATION CONTACT: Ms. developed by a committee composed of FACA boards, committees, or councils Vickie Hanvey, Program Policy Analyst, at least one representative of the Federal in an individual capacity. The term Office of Self-Governance, Office of the Government and representatives of the ‘‘individual capacity’’ refers to Assistant Secretary—Indian Affairs; interests that will be significantly individuals who are appointed to telephone: (918) 931–0745; email: affected by the rule. In compliance with exercise their own individual best [email protected]. FACA and the NRA, the DOI will use judgment on behalf of the government, SUPPLEMENTARY INFORMATION: the following procedures for this such as when they are designated negotiated rulemaking. The DOI may Special Government Employees, rather I. Background modify them in response to comments than being appointed to represent a On October 21, 2020, the PROGRESS received on this notice of intent or particular interest. Act was signed into law. See Public Law during the negotiation process. C. Interests Identified 116–180. The PROGRESS Act amends A. Committee Formation subchapter I of the Indian Self- Under Section 562 of the NRA, Determination and Education The Committee will be formed in full ‘‘interest’’ means, with respect to an Assistance Act (ISDEAA), 25 U.S.C. compliance with the requirements of issue or matter, multiple parties which 5301 et seq., which addresses Indian FACA and the NRA, and operate in full have a similar point of view or which Self-Determination, and subchapter IV compliance with the NRA and the are likely to be affected in a similar of the ISDEAA which addresses DOI’s guidelines of its charter. manner. A limited number of identifiable interests will be Tribal Self-Governance Program. The B. Composition of Committee PROGRESS Act calls for a negotiated significantly affected by the rule. Those rulemaking committee to be established The Secretary is seeking nominations parties are Indian Tribes and Tribal under 5 U.S.C. 565, with membership for representatives to serve on the organizations as defined in section 4(l) consisting only of representatives of Committee who can represent the of the Indian Self-Determination and Federal and Tribal governments, with interests listed in Section C, and who Education Assistance Act that are the Office of Self-Governance serving as have a demonstrated ability to currently participating in the Tribal the lead agency for the DOI. The communicate well with groups about Self-Governance Program and those that PROGRESS Act also authorizes the the interests they will represent. The are not currently participating in, but Secretary to adapt negotiated Committee membership will consist of are interested in participating in Tribal rulemaking procedures to the unique approximately 15, but not more than 25 Self-Governance Program. context of self-governance and the members in accordance with the NRA. The DOI is accepting comments government-to-government relationship Tribal Committee membership must: identifying other interests that may be • Include only representatives of the between the United States and Indian significantly affected by the final interests described below; products of the Committee, which may Tribes. • Include representatives with a This notice is published in include report(s) and/or proposed demonstrated ability to communicate accordance with the Negotiated regulations, until the date listed in the well with groups about the interests Rulemaking Act of 1996 (NRA) (5 U.S.C. DATES section of this notice of intent. they will represent; and 561 et seq.); FACA; and the PROGRESS • Include Tribal representatives D. Committee Member Responsibilities Act. appointed by the Secretary that are: Æ The Committee is expected to meet II. Scope of the Proposed Rule To Be Elected officials of Tribal approximately 3–5 times and each Negotiated governments acting in their official meeting is expected to last multiple capacities; hours for a consecutive 2–3 days each. The PROGRESS Act requires DOI to Æ Or their designated employees with The initial meeting will be held by establish the negotiated rulemaking authority to act on their behalf in their teleconference and/or web conference; committee to develop proposed official capacities; regulations to implement subchapter IV, Æ Representative of Tribes with a later meetings may be held either regarding the Self-Governance Program. geographical balance; and virtually or in person. The Committee’s See Public Law 116–180, Section 413. Æ A majority of whom are work is expected to occur over the Current regulations implementing the representative of Indian Tribes with course of 6–12 months, and it is the Self-Governance Program are found at existing self-governance funding Secretary’s intent to publish the 25 CFR part 1000, Annual Funding agreements. proposed rule for notice and comment Agreements under the Tribal Self- • Comply with the FACA. by the statutory deadline of July 21, Government Act Amendments to the FACA regulations require the 2022 (within 18 months of the Indian Self-Determination and membership of a FACA committee to be anticipated date of the Committee’s Education Act. It is anticipated that the fairly balanced in its member in terms establishment). However, the Committee proposed rule will revise those of the points of view represented and may continue its work for up to two regulations at 25 CFR part 1000 to the functions to be performed. See 41 years. amend, delete, and add provisions as CFR 102–3.30. In making membership Because of the scope and complexity appropriate to implement the decisions, the Secretary will consider of the tasks at hand, Committee PROGRESS Act. whether the interest represented by a members must be able to invest nominee will be affected significantly considerable time and effort in the III. The Committee and Process for by the final products of the Committee, negotiated rulemaking process. Negotiated Rulemaking which may include report(s) and/or Committee members must be able to The Committee will be charged with proposed regulations; whether that attend all Committee meetings, work on developing proposed regulations for the interest is already adequately Committee work groups, consult with Secretary’s implementation of the represented by nominees; and whether their constituencies between Committee PROGRESS Act’s provisions regarding the potential addition would adequately meetings, and negotiate in good faith the DOI’s Self-Governance Program. In represent that interest. toward a consensus on issues before the negotiated rulemaking, recommended Federally registered lobbyists are Committee. Because of the complexity provisions of a proposed rule are ineligible to serve on all FACA and non- of the issues under consideration, as

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 7658 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules

well as the need for continuity, the and Tribal government representatives. represent other interest(s) related to this Secretary reserves the right to replace Tribes may nominate Tribal leaders to rulemaking; and any member who is unable to serve on the Committee who will 4. A brief description of how the participate in the Committee’s meetings. adequately represent the interests that nominee will represent the views of the Under 5 U.S.C. 568(c), members of a are likely to be significantly affected by identified interest(s), communicate with negotiated rulemaking committee are the proposed rule. Each nomination is constituents, and have a clear means to responsible for their own expenses of expected to include a nomination for a reach agreement on behalf of the participation in such committee, except primary representative and an alternate interest(s) they are representing. that an Agency may, in accordance with who can fulfill the obligations of 5. A statement on whether the Section 7(d) of the FACA, pay for a membership should the primary nominee is only representing one member’s reasonable travel and per representative be unable to attend. The interest or whether the expectation is diem expenses, expenses to obtain Committee membership should reflect a that the nominee represents a specific technical assistance, and a reasonable diversity of interests, and nominees group of interests. rate of compensation, if: should only be of representatives and To be considered, nominations must • Such member certifies a lack of alternates who: be received by the close of business on adequate financial resources to • Are elected officials of Tribal the date listed in the DATES section, at participate in the Committee; and the location indicated in the ADDRESSES • governments (or their designated The agency determines that such employees with authority to act on their section. member’s participation in the behalf) acting in their official capacities; V. Solicitation of Public Comments Committee is necessary to assure an and adequate representation of the member’s • Will be able to: Members of the public are invited to interest. Æ submit comments on this proposal to The DOI commits to pay the Represent one or more of the specified interests with the authority to establish the Committee. reasonable travel and per diem expenses Before including your address, phone embody the views of that interest, of Committee members, if appropriate, number, email address, or other communicate with interested under the NRA and Federal travel personal identifying information in your constituents, and have a clear means to regulations. comment, you should be aware that reach agreement on behalf of the your entire comment—including your E. Facilitator interest(s); personal identifying information—may Æ Coordinate, to the extent possible, The Committee may use a neutral be made publicly available at any time. with other interests who may not be facilitator. The facilitator will not be While you can ask us in your comment represented on the Committee; involved with the substantive to withhold your personal identifying Æ Negotiate effectively on behalf of development or enforcement of the information from public review, we the interest(s) represented; regulation. The facilitator’s role is to cannot guarantee that we will be able to Æ Commit the time and effort help the negotiation process run do so. smoothly, and help participants define required to attend and prepare for and reach consensus. meetings; and VI. Next Steps Æ Collaborate among diverse parties F. Administrative and Technical Following the receipt of nominations in a consensus-seeking process. Support and comments, DOI will publish a The DOI will consider nominations second notice in the Federal Register The DOI will provide sufficient for representatives only if they are with a list of persons to represent the administrative and technical resources nominated through the process interests that are likely to be for the Committee to complete its work identified in this Notice of Intent. The significantly affected by the rule and the in a timely fashion. The DOI, with the DOI will not consider any nominations person or persons proposed to represent help of the facilitator, will prepare and that we receive in any other manner. the DOI. Persons who will be provide a final report of any issues on The DOI will not consider nominations significantly affected by the proposed which the Committee reaches for Federal representatives; only the rule and who believe that their interests consensus. Secretary may nominate Federal will not be adequately represented by G. Training and Organization employees to the Committee. any person specified in that second Nominations must include the At the first meeting of the Committee, Federal Register notice will be given an following information about each a neutral facilitator will provide training opportunity to apply or nominate nominee: on negotiated rulemaking, interest-based another person for membership on the 1. A current letter from the governing negotiations, and consensus-building. In Committee to represent such interests body or chairperson of the Tribe addition, at the first meeting, Committee with respect to the proposed rule. representing one of the interest(s) members will make organizational Following the second Federal identified supporting the nomination of decisions concerning protocols, Register notice and responses to it, DOI the individual to serve as a scheduling, and facilitation of the expects to establish the Committee. representative for the Tribe on the Committee. After the Committee reaches consensus Committee; on the recommended provisions of the H. Committee Meeting Procedures 2. A resume reflecting the nominee’s proposed rule, as discussed in more The members of the Committee, with qualifications and experience, to detail below, the DOI will publish a the assistance of the facilitator, may include the nominee’s name, Tribal proposed rule in the Federal Register. affiliation, job title, major job duties, adopt procedures for Committee VII. Determination That Negotiated meetings. employer, business address, business telephone and fax numbers (and Rulemaking is in the Public Interest IV. Request for Nominations to the business email address, if applicable); Under 5 U.S.C. 563, the head of the Committee 3. The interest(s) to be represented by agency is required to determine that the The PROGRESS Act requires that the the nominee (see Section III.C of this use of the negotiated rulemaking Committee be comprised of only Federal notice) and whether the nominee will procedure is in the public interest.

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7659

In making such a determination, the Commercial Provider Initiative (OCPI) ii. New, OCPI-specific Commercial agency head must consider certain program. This document provides Invoice, and factors. Taking these factors into general information on the OCPI iii. Process changes and requirements account, the Secretary, through the program, related mailing requirements, related to OCPI service provider authority delegated to the Assistant and shipping standards. The Postal destinations Secretary—Indian Affairs, has Service is exploring the advisability of determined that a negotiated rulemaking the OCPI program and providing 4. References for advanced is in the public interest because: support to mailers to assure their ability notifications of OCPI program feature 1. A rule is needed. The PROGRESS to adhere to the new OCPI program changes. Act directs the Secretary to conduct a guidelines. Overview negotiated rulemaking pursuant to the DATES: Comments on this advance NRA. notice are due March 3, 2021. The Postal Service expects to 2. A limited number of identifiable ADDRESSES: Due to the current COVID– interests will be significantly affected by implement these new program service 19 pandemic, comments in response to the rule. enhancements on or about March 31, 3. There is a reasonable likelihood this document will only be accepted via 2021. that the Committee can be convened email—any comments or As cross-border eCommerce continues communications sent via fax or mail with a balanced representation of to grow and demand for a variety of will not be accepted. persons who can adequately represent shipping solutions continues, the Postal When sending communication and the interests discussed in item 2, above, comments related to the OCPI program, Service has encountered a need to and who are willing to negotiate in good the following instructions and identify alternatives for commercial faith to attempt to reach a consensus on guidelines apply: shipments going through its provisions of a proposed rule. • All comments and questions should international mail streams. The Postal 4. There is a reasonable likelihood be sent to the Manager, International Service relies entirely on foreign postal that the Committee will reach consensus Products and Major Accounts, Global operators to deliver our customer on a proposed rule within a fixed period Business, at the following email packages worldwide, making outbound of time. address: ProductClassification@ shipments subject to several limitations 5. The use of negotiated rulemaking usps.gov. including shipping rates, transit times, will not delay the development of a • Communications must also include and scan visibility. The rapidly proposed rule because time limits will the following: expanding eCommerce market coupled be placed on the negotiation. We Æ Subject Line: OCPI Program with the increase in competition has anticipate that these negotiations will Advanced Notice Comments motivated the Postal Service to explore expedite a proposed rule and ultimately Æ Name of Sender alternate delivery service channels and the acceptance of a final rule. competitive market strategies for 6. The DOI is making a commitment All submitted comments and attachments are part of the public record product offerings in order to provide the to ensure that the Committee has services that customers demand, while sufficient resources to complete its work and subject to disclosure. Do not enclose any material in your comments remaining competitive in the global in a timely fashion. eCommerce market. 7. The DOI, to the maximum extent that you consider to be confidential or possible and consistent with the legal inappropriate for public disclosure. The Outbound Commercial Provider obligations of the Agency, will use the You may inspect and photocopy all Initiative (OCPI) is a strategic program written comments, by appointment designed to help the Postal Service consensus report of the Committee as ® the basis for a proposed rule for public only, at USPS Headquarters Library, remain competitive in the cross-border notice and comment. 475 L’Enfant Plaza SW, 11th Floor shipping market, whereby it can For the above reasons, I hereby certify North, Washington, DC 20260. These effectively compete with alternative that the Self-Governance PROGRESS records are available for review Monday providers. OCPI also enables the Act Negotiated Rulemaking Committee through Friday, 9 a.m. to 4 p.m., by continuity of service in situations where is in the public interest. calling 202–268–2906. issues arise with foreign postal FOR FURTHER INFORMATION CONTACT: operators, such as strikes, unfavorable Tara Sweeney, Frank Cebello, 202–268–8058; or bilateral negotiations, COVID–19 Assistant Secretary—Indian Affairs. [email protected]. impacts, or significant service issues. [FR Doc. 2021–01149 Filed 1–29–21; 8:45 am] SUPPLEMENTARY INFORMATION: The Postal Creating an alternative channel also BILLING CODE 4337–15–P Service is providing this notification to offers opportunities for providing set forth the following general enhanced service options. Additional information and guidelines for the OCPI benefits of the OCPI Program include POSTAL SERVICE program: but are not limited to: 1. An overview of the OCPI program • Offering new services that are 39 CFR Part 20 with general information to advise and currently unavailable through the postal notify USPS customers, partners, and New Outbound Commercial Provider channels; affiliates; • Initiative (OCPI) Program Information; 2. Discussion of the countries and Improving service delivery times Opportunity for Comments specific products that will be serviced because of options to deliver products by commercial suppliers to select AGENCY: Postal ServiceTM. through the OCPI program; and 3. Specific changes and requirements countries; and ACTION: Advance notice of proposed associated with the OCPI program, • rulemaking; invitation to comment. Providing a more enhanced relating to mail preparation, induction, customer experience, through SUMMARY: The Postal Service is and acceptance, such as: advancements in customer service and providing an advance notification and i. Customs Form(s), shipping label(s), package visibility on international introduction to the Outbound and tag(s), outbound operations.

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 7660 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules

OCPI Program Country-Product Service forms which will allow operations ADDRESSES: You may submit comments, Enhancements personnel to identify and segregate identified by IB Docket No. 20–330, by The Postal Service will be identifying OCPI products throughout the entire any of the following methods: D opportunities and selecting designated supply chain. In addition to Federal Communications country destinations and products for International Mail Manual (IMM) Commission’s Website: http:// the OCPI program. Destination product updates, the Postal Service will provide apps.fcc.gov/ecfs/. Follow the and country pairings for OCPI will be industry notifications to inform all instructions for submitting comments. D People with Disabilities: Contact the the exclusive delivery options, however parties of OCPI program changes and FCC to request reasonable existing service will continue for provide examples of the new OCPI accommodations (accessible format destinations for which OCPI solutions receptacle tags and customs forms to documents, sign language interpreters, are not offered. The products offered help integrate changes into the existing CART, etc.) by email: [email protected] through the OCPI program will be operational processes. or phone: 202–418–0530 or TTY: 202– international shipping services, limited OCPI Program Features and Service ® 418–0432. to Priority Mail Express International Notifications For detailed instructions for (PMEI®), Priority Mail International The Postal Service will provide a submitting comments and additional (PMI), and First-Class Package information on the rulemaking process, International Service® (FCPIS®). This minimum of advanced 30-day see the SUPPLEMENTARY INFORMATION allows for a more seamless transition for notification regarding upcoming OCPI services or feature changes via Postal section of this document. To request existing customers and mailers and materials in accessible formats for avoids the confusion and capital that Bulletins articles and PostalPro. Additionally, the Postal Service will people with disabilities, send an email would be required to create and launch to [email protected] or call the Consumer new dedicated OCPI product offerings. provide updated mailer requirements to assist business mailers and provide & Governmental Affairs Bureau at 202– Products such as FCMI letters and Flats, 418–0530 (voice), 202–418–0432 (TTY). Military Mail, IPA, and ISAL are not support throughout the transition FOR FURTHER INFORMATION CONTACT: within the scope of the OCPI program. process to ensure a smooth transition. Sean O’More, International Bureau, After publishing this document, the Joshua J. Hofer, Postal Service will provide a more Satellite Division, 202–418–2453, Attorney, Federal Compliance. detailed description of the applicable [email protected]. OCPI changes to the existing products [FR Doc. 2020–28968 Filed 1–29–21; 8:45 am] SUPPLEMENTARY INFORMATION: This is a and procedures for USPS customers. BILLING CODE P summary of the Commission’s Notice of The country-product designated for the Proposed Rulemaking, FCC 20–158, OCPI program may change depending adopted November 18, 2020, and on future opportunities identified and released November 19, 2020. The full FEDERAL COMMUNICATIONS potential foreign postal operator-related text of the Notice of Proposed COMMISSION service disruptions. Rulemaking is available at https:// www.fcc.gov/edocs/search-results?t= 47 CFR Parts 2 and 25 Mail Preparation quick&fccdaNo=20-158. For customers that tender shipments Comment Filing Requirements to the Postal Service in bulk and or [IB Docket No. 20–330; FCC 20–158; FR ID consolidations, all shipments sent to 17347] Interested parties may file comments OCPI destinations must be presented and reply comments on or before the Commission Rules To Enable GSO separately and in individually prepared dates indicated in the DATES section Fixed-Satellite Service (Space-to-Earth) receptacles by product class and above. Comments may be filed using the Operations in the 17.3–17.8 GHz Band, destination country. Specific products Commission’s Electronic Comment To Modernize Certain Rules Applicable that are destined for OCPI destination Filing System (ECFS). to 17/24 GHz BSS Space Stations, and countries may not be tendered in any • Electronic Filers. Comments may be To Establish Off-Axis Uplink Power mixed country receptacles. filed electronically using the internet by Limits for Extended Ka-Band FSS accessing the ECFS, http://apps.fcc.gov/ OCPI Commercial Invoices Operations ecfs. • Paper Filers. Parties who choose to The OCPI program will require AGENCY: Federal Communications mailers to produce commercial invoices Commission. file by paper must file an original and and customs forms to comply with one copy of each filing. commercial customs clearance ACTION: Proposed rule. Filings can be sent by commercial overnight courier, or by first-class or requirements and differentiate OCPI SUMMARY: In this document, the Federal documentation from existing postal Communications Commission (FCC) overnight U.S. Postal Service mail. All forms. The OCPI program will also proposes to permit geostationary filings must be addressed to the require additional recipient information satellite orbit (GSO) space station in the Commission’s Secretary, Office of the to be provided by the sender (including fixed-satellite service (FSS) to operate Secretary, Federal Communications recipient’s phone number and email downlinks (space-to-Earth) in the 17.3– Commission. • Commercial overnight mail (other address) to comply with commercial 17.8 GHz frequency band, subject to than U.S. Postal Service Express Mail clearance processes. The OCPI forms certain limitations, and also proposes and Priority Mail) must be sent to 9050 will be made available to mailers via related technical updates to its rules Junction Drive, Annapolis Junction, MD online applications and electronically at governing the FSS and the Broadcasting- 20701. U.S. Postal Service first-class, USPS retail service counters. Satellite Service to prevent harmful Express, and Priority mail must be interference. OCPI Receptacle Tags and Customs addressed to 45 L Street NE, Forms DATES: Comments are due March 3, Washington, DC 20554. The OCPI program has developed 2021. Reply comments are due March • Effective March 19, 2020, and until specific receptacle tags and customs 18, 2021. further notice, the Commission no

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7661

longer accepts any hand or messenger .xml, .ppt, searchable .pdf). Participants this band for GSO FSS downlink delivered filings. This is a temporary in this proceeding should familiarize services would facilitate deployment of measure taken to help protect the health themselves with the Commission’s ex advanced satellite systems for the and safety of individuals, and to parte rules. benefit of American consumers. mitigate the transmission of COVID–19. We propose to define an extended Ka- Paperwork Reduction Act See FCC Announces Closure of FCC band in our rules, i.e., the 17.3–18.3 Headquarters Open Window and This document contains proposed GHz (space-to-Earth), 18.8–19.4 GHz Change in Hand-Delivery Policy, Public new and modified information (space-to-Earth), 19.6–19.7 GHz (space- Notice, DA 20–304 (March 19, 2020). collection requirements. The to-Earth), 27.5–28.35 GHz (Earth-to- https://www.fcc.gov/document/fcc- Commission, as part of its continuing space) and 28.6–29.1 GHz (Earth-to- closes-headquarters-open-window-and- effort to reduce paperwork burdens, space) bands. We further propose to changes-hand-delivery-policy. invites the general public and the Office apply certain uplink power limits • Persons with Disabilities. To request of Management and Budget to comment currently applicable to GSO FSS materials in accessible formats for on the information collection transmissions in the conventional Ka- people with disabilities (braille, large requirements contained in this band to GSO FSS uplink transmissions print, electronic files, audio format), document, as required by the Paperwork in the extended Ka-band. If adopted, send an email to [email protected] or call Reduction Act of 1995. In addition, these power limits will allow us to the Consumer & Governmental Affairs pursuant to the Small Business streamline licensing of FSS earth Bureau at 202–418–0530 (voice) or 202– Paperwork Relief Act of 2002, we stations and will result in a closely 418–0432 (TTY). specifically seek comment on how we harmonized regulatory framework for all similar FSS uplink transmissions in the Ex Parte Presentations might further reduce the information collection burden for small business conventional and extended Ka-bands.2 The Commission will treat this concerns with fewer than 25 employees. The proposals herein, if adopted with proceeding as a ‘‘permit-but-disclose’’ Initial Regulatory Flexibility Analysis. appropriate safeguards, would result in proceeding in accordance with the As required by the Regulatory efficient and effective use of the Commission’s ex parte rules. Persons Flexibility Act of 1980 (RFA) 1 the spectrum, alleviate the growing need for making ex parte presentations must file Commission has prepared an Initial additional Ka-band GSO FSS downlink a copy of any written presentation or a Regulatory Flexibility Analysis (IRFA) spectrum to support communications to memorandum summarizing any oral relating to this Notice of Proposed gateway earth stations, and further presentation within two business days Rulemaking. streamline the licensing process of after the presentation (unless a different certain satellite systems.3 deadline applicable to the Sunshine Synopsis period applies). Persons making oral ex Current Allocations and Use of the In this Notice of Proposed 17.3–17.8 GHz Band parte presentations are reminded that Rulemaking, the Commission considers memoranda summarizing the permitting use of the 17.3–17.7 GHz The Table of Frequency Allocations is presentation must (1) list all persons band by GSO space stations operating in comprised of the International Table attending or otherwise participating in the FSS, which would increase and the United States Table of the meeting at which the ex parte intensive and efficient use of the band Frequency Allocations (U.S. Table). In presentation was made, and (2) and provide additional downlink the International Table, the 17.3–17.7 summarize all data presented and capacity for high-throughput satellite GHz band is allocated, in the arguments made during the communications. International Telecommunication Union presentation. If the presentation (ITU) Region 2, to the FSS (Earth-to- consisted in whole or in part of the Notice of Proposed Rulemaking space) and to the broadcasting-satellite presentation of data or arguments In this Notice of Proposed service (BSS) on a co-primary basis, as already reflected in the presenter’s Rulemaking (Notice), we propose to well as to the radiolocation service on written comments, memoranda or other permit use of the 17.3–17.7 GHz band a secondary basis.4 In the U.S. Table, filings in the proceeding, the presenter by geostationary satellite orbit (GSO) may provide citations to such data or space stations in the fixed-satellite 2 The term ‘‘Ka-band’’ generally refers to the arguments in his or her prior comments, space-to-Earth (downlink) frequencies at 17.70– service (FSS) in the space-to-Earth 20.20 GHz and the corresponding Earth-to-space memoranda, or other filings (specifying direction on a co-primary basis with (uplink) frequencies at 27.50–30.00 GHz. See the relevant page and/or paragraph incumbent services. We also propose to Establishment of Policies and Service rules for the numbers where such data or arguments permit limited GSO FSS (space-to-Earth) Non-Geostationary Satellite Orbit, Fixed Satellite can be found) in lieu of summarizing Service in the Ka-Band, IB Docket No. 02–19, Notice use of the 17.7–17.8 GHz band on a non- of Proposed Rulemaking, 17 FCC Rcd 2807, n.1 them in the memorandum. Documents protected basis with respect to fixed (2002). See also IEEE Standard 521–2019 https:// shown or given to Commission staff service operations. Permitting use of the www.microwaves101.com/encyclopedias/ during ex parte meetings are deemed to 17.3–17.8 GHz band to include FSS frequency-letter-bands. be written ex parte presentations and downlinks would increase intensive and 3 By initiating this rulemaking proceeding, we must be filed consistent with rule also grant, to the extent discussed herein, the efficient use of the band and provide petition for rulemaking filed by SES Americom, Inc. 1.1206(b). In proceedings governed by additional downlink capacity for high- (SES) requesting that the Commission initiates a rule 1.49(f) or for which the throughput satellite communications. proceeding to authorize GSO FSS operations in the Commission has made available a With appropriate technical safeguards space-to-Earth direction using the 17.3–17.7 GHz method of electronic filing, written ex frequencies. See Petition for Rulemaking of SES proposed herein, permitting the use of Americom, Inc., RM–11839, at 1 (filed Mar. 5, parte presentations and memoranda 2019), https://ecfsapi.fcc.gov/file/ summarizing oral ex parte 1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601– 103051358025155/Petition%20for%20 presentations, and all attachments 612, has been amended by the Small Business Rulemaking%20for%2017%20GHz%20 thereto, must be filed through the Regulatory Enforcement Fairness Act of 1996 FSS%20(Mar%205%202019).pdf (SES Petition). (SBREFA), Public Law 104–121, Title II, 110 Stat. 4 Footnote 5.516 further limits use of the band by electronic comment filing system 847 (1996). The SBREFA was enacted as Title II of the FSS to feeder links for the BSS and in ITU available for that proceeding, and must the Contract with America Advancement Act of Region 2 to geostationary satellite orbit (GSO) be filed in their native format (e.g., .doc, 1996 (CWAAA). Continued

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 7662 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules

the 17.3–17.7 GHz band is allocated to would use the 17.3–17.8 GHz band in SES proposes we modify the U.S. the FSS (Earth-to-space) and to the BSS the space-to-Earth direction to provide Table to permit FSS downlinks on a co- on a co-primary basis 5 and to the BSS. This service, known as the ‘‘17/24 primary basis in the 17.3–17.7 GHz radiolocation services on a secondary GHz BSS,’’ 10 provides service band under its proposed technical rules. basis. The adjacent 17.7–17.8 GHz band downlinks to customers in the same SES contends that such an allocation is allocated internationally in ITU 17.3–17.8 GHz band that is used for would comport with Commission Region 2 to the fixed service, the BSS, feeder uplinks to DBS space stations, policies supporting flexible spectrum the FSS (in both the space-to-Earth and i.e., reverse band operation. Although use.12 SES also notes that the Earth-to-space directions) on a primary the 17/24 GHz BSS may use the entire international allocation to the BSS in basis and to the mobile service on a 17.3–17.8 GHz band internationally, it the 12.2–12.7 GHz band is accompanied secondary basis.6 The 17.7–17.8 GHz may only provide service in the United by a footnote to the allocation that band is allocated to the FSS (Earth-to- States in the 17.3–17.7 GHz band. DBS permits assignment of this spectrum to space) and to the fixed service on a co- feeder link uplinks by contrast, operate FSS downlinks, ‘‘provided that such primary basis in the U.S. Table.7 in the entire 17.3–17.8 GHz band in the transmissions do not cause more Historically, in the United States, the United States. At the same time that the interference, or require more protection 17.3–17.8 GHz band has been used for Commission adopted rules for the 17/24 from interference, than the FSS feeder 8 uplinks that transmit GHz BSS, it also sought comment on broadcasting-satellite service programming to Direct Broadcast rules to avoid interference between DBS transmissions operating in conformance Satellite (DBS) service 9 GSO space and 17/24 GHz BSS operations, both in- with the Plan or the List, as stations. DBS feeder link operations orbit (‘‘space path’’ interference) and on appropriate.’’ Finally, SES notes that the typically involve the use of large, high- the ground (‘‘ground path’’ Commission recently adopted rule gain antennas at a limited number of interference). The Commission adopted changes permitting more diverse use of individually licensed earth station technical rules to address space path FSS in the feeder link frequencies locations. The DBS service satellites interference in 2011 that included a associated with the 17/24 GHz BSS then downlink that video programming requirement that 17/24 GHz BSS space service.13 SES argues that modifying directly to consumers in the 12.2–12.7 stations locate at least 0.2 degrees from Commission rules to permit protected GHz band. DBS is the principal means a DBS space station. In 2017, the FSS downlinks in the 17 GHz band will of delivering satellite television in the Commission adopted rules to address achieve the same objectives, promoting United States. U.S.-licensed DBS ground path interference. Since rules more robust use of spectrum and providers include DIRECTV and DISH were adopted for the 17/24 GHz BSS, a providing flexibility for satellite Network. number of licenses or grants of U.S. networks to respond to customer In May 2007, the Commission market access have been issued, but demand without impairing existing adopted rules for a new service that only a few of these licenses or grants authorized use of the spectrum. remain in effect. Telesat agrees with SES that FSS satellite networks. Footnote 5.515 specifies that licensees will be able to use the band sharing between the FSS and BSS is governed by SES Americom Petition for Rulemaking Appendix 30A, Annex 4, paragraph 1 of the Radio following the same framework for Regulations. 47 CFR 2.106. We note that the ITU On March 5, 2019, SES 11 petitioned location and operation of gateway earth Region 2 area includes the United States. See 47 stations that currently regulate BSS CFR 2.104(b) and 2.105(a). the Commission to initiate a rulemaking 5 Provision of FSS in the band, however, is proceeding to amend Parts 2 and 25 of feeder link operations in the band. limited by footnote US271 to the U.S. Table to the Commission’s rules to authorize Telesat also states that Innovation, feeder links for BSS, and footnote NG163 limits BSS GSO FSS operations in the space-to- Science, and Economic Development use of the band to geostationary satellite systems. Canada is currently considering similar 47 CFR 2.106, nn. US271 and NG163. Earth direction within the United States 6 Footnote 5.516 further limits Earth-to-space use using the 17.3–17.7 GHz frequencies on changes to the Canadian Table of of the band by the FSS to feeder links for the BSS a protected basis. On May 31, 2019, and in Region 2 to GSO satellite networks. Footnote AT&T Services, Inc, (AT&T) and Telesat 12 In support of its position, SES cites the 5.517 precludes FSS networks operating in the example of the Commission’s decision in 2002 to space-to-Earth direction from claiming protection Canada (Telesat) filed comments in allow non-conforming satellite use of DBS from or causing harmful interference to BSS response to the SES Petition, and on spectrum, which concluded that relaxation of use assignments operating in conformance with the June 17, 2019, SES filed reply restrictions would encourage the development of Radio Regulations. Footnote 5.515 specifies that comments. new telecommunications products and services. sharing between the FSS and BSS is governed by SES Petition at 7–8 (citing Policies and Rules for the Appendix 30A, Annex 4, paragraph 1 of the Radio Direct Broadcast Satellite Service, IB Docket No. Regulations. 47 CFR 2.106, nn. 5.515 and 5.516. 10 17/24 GHz BSS is defined as a 98–21, Report and Order, 17 FCC Rcd 11331, 11401 7 Footnote US271 further limits FSS use of the ‘‘radiocommunication service involving (2002)). band (Earth-to-space) to feeder links for the BSS. transmission from one or more feeder-link earth 13 SES Petition at 8–9 (stating that ‘‘[i]n its Footnote US334 permits operation of Federal FSS stations to other earth stations via geostationary Spectrum Frontiers proceeding, the Commission space stations in the band subject to certain satellites, in the 17.3–17.7 GHz (space-to-Earth) responded to requests by SES and other satellite restrictions. 47 CFR 2.106, nn. US271 and US334. (domestic allocation), 17.3–17.8 GHz (space-to- industry interests for revision of the rules governing 8 A feeder link is defined as a ‘‘radio link from Earth) (international allocation) and 24.75–25.25 the 24.75–25.25 GHz frequencies.’’) SES notes that a fixed earth station at a given location to a space GHz (Earth-to-space) bands.’’ 47 CFR 25.103. the Commission proposed and adjusted its rules to station, or vice versa, conveying information for a 11 SES is a satellite company that, together with place FSS on the same footing as BSS feeder links space radiocommunication service other than the its affiliates, provides FSS to the United States with in the Spectrum Frontiers proceeding, and this was Fixed-Satellite Service. The given location may be both GSO and non-geostationary orbit (NGSO) consistent with the Commission’s goals: ‘‘increasing at a specified fixed point or at any fixed point satellites and associated earth stations. SES affiliate, flexibility of use and spectrum efficiency,’’ citing within specified areas.’’ 47 CFR 25.103. SES–17 S.a`.r.l. was recently granted U.S. market Use of Spectrum Bands Above 24 GHz for Mobile 9 DBS is defined as ‘‘a radiocommunication access for its SES–17 satellite that will use the 17.3– Radio Services, GN Docket No. 14–177, Second service in which signals transmitted or 17.7 GHz band for downlink communications to Report and Order, Second Further Notice of retransmitted by Broadcasting-Satellite Service gateway earth stations in the United States. Proposed Rulemaking, Order on Reconsideration, space stations in the 12.2–12.7 GHz band are Operation of these FSS downlinks in the 17.3–17.7 and Memorandum Opinion and Order, 32 FCC Rcd intended for direct reception by subscribers or the GHz band (space-to-Earth) was granted through a 10988, 11017–20 (2017) and Use of Spectrum Bands general public.’’ 47 CFR 25.103. DBS operations are waiver of the U.S. Table of Frequency Allocations Above 24 GHz For Mobile Radio Services, Third subject to the International Radio Regulation BSS and are on an unprotected, non-interference basis. Report and Order, Memorandum Opinion and and Feeder-link Plans contained in Appendices 30 See, IBFS File No. SAT–PDR–20190305–00014 Order, and Third Further Notice of Proposed and 30A. (grant stamp dated May 8, 2020). Rulemaking, 33 FCC Rcd 5576, 5586 (2018)).

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7663

Frequency Allocations to permit FSS broadband access services using high- the need for additional spectrum but downlinks in the band. throughput satellites. In these systems, asks that ‘‘any rulemaking must be AT&T urges the Commission to end user terminals uplink to space carefully tailored to allow the carefully evaluate a number of technical stations using one set of frequencies, Commission and interested parties to concerns that could impact incumbent and the space station downlinks traffic fully consider and evaluate SES’s DBS and 17/24 GHz BSS operators. to earth station terminals using a proposals and their potential impact on AT&T states that the Commission separate set of frequencies (and back current and future DBS and BSS should consider whether authorizing into the internet backbone). The operators.’’ FSS downlinks in the 17.3–17.7 GHz satellites in these systems typically use We propose to make the 17.3–17.8 band could constrain future spot-beam technology and high-order GHz band available for more intensive development or modifications of frequency re-use to significantly use by FSS satellite operators, to meet existing DBS systems, and the effect it increase capacity and spectral the need for additional Ka-band GSO might have on new applicants to efficiency. FSS downlink spectrum. We note that provide DBS feeder link service. AT&T Over the last ten years there has been the need for additional spectrum for further argues that any rulemaking an increase in the number of space these services also has been recognized should consider the effect of proposed stations using Ka-band frequencies that internationally.15 We seek comment on changes on other bands, such as the serve, or intend to serve, customers in this potential need for additional Ka- 24.75–25.25 GHz band, which is the United States. In its petition for band GSO FSS downlink spectrum and currently available for FSS uplinks. rulemaking, SES argues that there is a on our proposed changes to the U.S. AT&T further suggests that we seek particular need for additional Ka-band Table 16 and other Commission rules. comment on the effect that allowing FSS spectrum for FSS gateway earth stations In particular, we propose to add a downlinks in the 17.3–17.7 GHz band to support high-throughput satellite primary allocation to the FSS in the could have on operations that are co- communications.14 SES argues that the space-to-Earth direction in the U.S. located with, or near to, U.S. DBS full benefits from these systems cannot Table to permit FSS downlinks from licensees’ facilities. Finally, AT&T be achieved without access to sufficient geostationary satellites to operate in the contends that we should make clear that gateway spectrum to support multiple 17.3–17.7 GHz band on a co-primary use of the 17.3–17.7 GHz band for FSS (co-equal) basis 17 with other primary spot beams for expanded downlink 18 downlinks does not extend to earth connectivity. SES states that permitting services in that band. In addition, as stations in motion, nor to non- FSS downlink communications in the discussed below, we propose certain geostationary satellite orbit (NGSO) 17.3–17.7 GHz band would help to changes to the U.S. Table to permit GSO satellites. address the need for more spectrum and FSS space-to-Earth operations in the SES claims that none of AT&T’s enable enhanced space station adjacent 17.7–17.8 GHz band. We note contentions impede the Commission that in the 17.7–17.8 GHz band a bi- performance in communicating with from initiating a rulemaking. SES directional allocation currently exists in gateway earth stations. SES further further disputes AT&T’s claim that the International Table for ITU Region 2, states that having the additional authorizing FSS downlinks in the 17.3– but not in the U.S. Table. FSS operation spectrum for space-to-Earth 17.7 GHz band could limit future in the 17.7–17.8 GHz band is limited to communications in turn would allow modifications of BSS networks. the Earth-to-space direction in the U.S. consumers to ‘‘enjoy greater access According to SES, AT&T’s claims are United States. We propose to revise the to innovative satellite services both at speculative and outweighed by the allocation to permit FSS in the space-to- home and during their travels by air and potential benefits of promoting more Earth direction. We also propose to sea.’’ Telesat states that it ‘‘shares the efficient spectrum use. SES also asserts permit authorization of FSS receiving concerns expressed by SES regarding that we should not prejudge whether the limited availability of FSS FSS downlinks in the 17.3–17.7 GHz 15 There is already a primary allocation to the FSS frequencies that can be used to operate band can be used to communicate with (space-to-Earth) in the 17.7–17.8 GHz in all three gateway earth stations to support the ITU Regions internationally. See 47 CFR 2.106. The user terminals, including terminals in burgeoning development of Ka-band 2019 World Radiocommunication Conference motion. (WRC–19) also adopted Resolution 174 (WRC–19) We propose to permit GSO FSS satellite services.’’ Telesat further argues inviting the ITU–R to complete the sharing and (space-to-Earth) communications in the that ‘‘[t]he 17 GHz band is well-suited compatibility studies necessary to consider a 17.3–17.8 GHz band. We also propose to supplement the frequency capacity possible new primary allocation to the FSS (space- available for this purpose, both in terms to-Earth) in Region 2 in the 17.3–17.7 GHz band. technical rules to prevent harmful See also Innovation, Science, and Economic interference between stations or services of its functionality for FSS operators in Development Canada, Consultation on the in this band. With appropriate technical the Ka-band, including Telesat and SES, Utilization of the Bands 18.8–19.3 GHz and 28.6– 29.1 GHz, and the Bands 17.3–17.7 GHz, 19.3–19.7 safeguards to protect incumbents, and the compatibility of their use with other authorized uses of the band.’’ GHz and 29.1–29.25 GHz by the Fixed-Satellite permitting the use of this band for GSO Service, available at https://www.ic.gc.ca/eic/site/ FSS downlink services would facilitate Telesat emphasizes that there is smt-gst.nsf/eng/sf11441.html. deployment of advanced satellite increasingly limited spectrum and 16 The proposed changes to the U.S. Table herein ‘‘providing for the expanded use of the refer to changes to the U.S. Non-Federal Table of systems and enable the most effective Frequency Allocations in the Allocation Table. See and efficient use of the spectrum. We 17 GHz band to support growing demand for FSS Ka-band downlink 47 CFR 2.105(a). further propose to define extended Ka- 17 A service designated as co-primary must share band frequencies and to establish spectrum while not jeopardizing operations with other services designated as co- routine licensing criteria for earth existing operations in the band will primary in the frequency band on a co-equal basis. enhance the use of spectrum for the See Redesignation of the 17.7–19.7 GHz Frequency stations seeking to operate in those Band, Blanket Licensing of Satellite Earth Stations frequencies. public good.’’ AT&T does not dispute in the 17.7–20.2 GHz and 27.5–30.0 GHz Frequency Bands, and the Allocation of Additional Spectrum Proposed GSO FSS Allocation in the 14 SES Petition at 3. As an example, SES cites its in the 17.3–17.8 GHz and 24.75–25.25 GHz 17.3–17.8 GHz Band SES–17 satellite that will use all the Ka-band Frequency Bands for Broadcast Satellite Service spectrum allocated for FSS in the space-to-Earth Use, 13 FCC Rcd 19923 at n.4 (1998). The Ka-band is used extensively by direction. See, IBFS File No. SAT–PDR–20190305– 18 We also propose a consequential modification FSS operators to provide satellite-based 00014 (grant stamp dated May 8, 2020). to footnote US402. 47 CFR 2.106.

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 7664 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules

earth stations in the 17.7–17.8 GHz band mitigation regime the Commission however, the Commission adopted a on a non-protected basis with respect to established for the BSS and DBS feeder secondary allocation for the FSS (space- fixed service operations; such FSS links in the 17.3–17.7 GHz band to-Earth) in the 17.8–18.3 GHz band and receiving earth stations would operate presupposed only GSO satellites. In also permitted blanket earth station on a co-primary basis, however, vis-a`- addition, Article 22 of the ITU Radio licensing. In the 17.7–17.8 GHz band, vis primary satellite operations in the Regulations does not include equivalent we now propose to add a space-to Earth band. We seek comment on these power flux density limits at the Earth’s direction (to the existing primary FSS changes and proposals. surface for the 17.3–17.8 GHz band that allocation) in the U.S. Table, but also to GSO FSS Transmissions in the 17.3– are necessary to protect earth stations add a footnote stipulating that earth 17.7 GHz Band. At present, neither the receiving GSO transmissions from stations receiving in the 17.7–17.8 GHz International Table (for Region 2) nor harmful interference from NGSO band are not entitled to protection from the U.S. Table allows a space-to-Earth operations. Accordingly, we propose to the fixed service. This would make FSS transmission in the 17.3–17.7 GHz modify the U.S. Table, revise footnote these FSS downlink operations co- band.19 To accommodate such US402, and adopt a new footnote NG58 primary vis-a`-vis other satellite operations in the United States, on a co- to permit co-primary operation of FSS operations in the band but treat them as primary basis, SES requests we revise downlink transmissions in the 17.3– secondary with respect to fixed service the U.S. Table, specifically footnotes 17.7 GHz band, while limiting FSS operations, consistent with the US402 and NG163. Footnote NG163, as downlink operations to GSO satellite treatment of the FSS (space-to-Earth) currently written, limits use of the 17.3– networks.22 To streamline the operations vis-a-vis fixed services in the 17.7 GHz band by the BSS to applicable restrictions to the 17.3–17.8 adjacent 17.8–18.3 GHz band. geostationary satellites. SES asks that GHz band in the U.S. Table, we further Accordingly, if we permit GSO FSS we revise this footnote to include a propose to incorporate the use limits (space-to-Earth) operations in the 17.7– statement that ‘‘Space stations in this found in US271 and NG163 into the 17.8 GHz band, we propose these band may transmit in the fixed-satellite new footnote NG58 and remove US271 operations would be conducted on a service (space-to-Earth) on a primary and NG163. We also propose non-protected basis vis-a-vis the fixed basis, provided that such transmissions consequential modifications to our service.25 We seek comment on these do not cause more interference, or licensing information requirements proposals and conclusions. require more protection from contained in § 25.115(e). We seek We note that allowing use of the 17.7– interference, than broadcasting-satellite comment on these proposals. 17.8 GHz band by the FSS (space-to- service transmissions operating in GSO FSS Transmissions in the 17.7– Earth) would provide a contiguous band accordance with the Commission’s 17.8 GHz Band. In the U.S. Table, the for FSS downlink operations at 17.3– rules.’’ 20 As a consequence of this 17.7–17.8 GHz band is allocated on a 18.3 GHz, along with the existing FSS change, SES also proposes edits to primary basis to the fixed service and to use in the 18.3–18.8 GHz band.26 This footnote US402 21 to include non- the FSS (Earth-to-space) limited, by would facilitate operational efficiencies Federal FSS receiving earth stations footnote US271, to use by feeder links 23 and flexibility to avoid interference and among those not entitled to protection for the BSS. The International Table to use this contiguous spectrum in the from Federal earth station transmissions includes primary allocations to the FSS most effective and efficient manner. We in specific geographic areas. SES states (both Earth-to-space and space-to-Earth) seek comment on our proposals and that ‘‘FSS downlinks in the 17 GHz in all three ITU Regions, including these conclusions. As discussed further Region 2, in the 17.7–17.8 GHz band, band will be fully compatible with both below, we also seek comment on how and FSS operators may use this band to satellite services authorized in the our proposals would affect the existing provide service outside of the United spectrum: Feeder links for direct operations of the incumbent fixed States. broadcast satellite (‘‘DBS’’) networks services in the 17.7–17.8 GHz band as and ‘‘Reverse Band’’ use for the With respect to sharing of the 17.7 and 17.8 GHz band with the fixed well as the potential for the future downlink portion of 17/24 GHz BSS development and deployment of other operations.’’ SES points out that ’’ [n]o service, we note that in 2000, the Commission designated the 17.7–18.3 terrestrial services in this band. To the party opposes the SES Petition or extent that commenters assert that our presents any substantial obstacles to the GHz band for primary use by terrestrial services.24 This designation was based proposal would negatively impact rule revisions sought by SES to promote existing and future terrestrial services in robust, flexible satellite use of in large part upon the conclusion, at that time, that sharing between the 17.7–17.8 GHz band, these spectrum.’’ commenters should explain whether AT&T, however, states that the terrestrial services and satellite services was not feasible, especially when such impacts could be mitigated by any Commission should make clear that any modifications to our proposals herein. use of the 17.3–17.7 GHz band for FSS satellite earth stations would be ubiquitously deployed. In 2017, With respect to FSS operations vis-a- downlinks would be limited to GSO vis other satellite operations in the satellites. We note that the interference- 22 As a corresponding change, we also propose to similarly amend note 1 to § 25.202(a)(9) of our rules 25 In addition, the fixed service stations would be 19 A 17.3–17.7 GHz space-to-Earth FSS allocation which addresses use of the 17.3–17.8 GHz band for protected from harmful interference from GSO FSS exists in ITU Region 1, and in the adjacent 17.7– BSS. 47 CFR 2.202(a)(9). downlink operations, given the existing power flux 17.8 GHz band in all three Regions. 47 CFR 2.106. 23 47 CFR 2.106 and footnote US271. The use of density (PFD) limits for GSO space stations in 20 SES Petition, Rule Appendix at 1. SES models the band 17.3–17.8 GHz by the FSS (Earth-to-space) § 25.208(c) of the Commission rules. 47 CFR its proposed language on footnote 5.492 to the is limited to feeder links for BSS. 25.208(c). These PFD limits comport with International Table of Allocations which permits 24 Prior to 2000, the 17.7–18.3 GHz band was established international standards for preventing FSS downlink transmissions in BSS Ku-band designated for shared co-primary use by GSO FSS harmful interference to fixed service stations and frequencies which are part of an ITU Appendix 30 and fixed service operations. See 18 GHz Order, 15 are applicable in the entire 17.7–19.7 GHz band. Plan or List. See also, 47 CFR 2.106, n.5.492. FCC Rcd 13430. In 2000, in addition to designating See also infra at paragraph 24. 21 47 CFR 2.106, n.US402. This footnote defines the 17.7–18.3 GHz band for primary use by 26 In 2000, the Commission also designated the two geographic areas and frequency segments in terrestrial services, the Commission also designated 18.3–18.58 GHz band for co-primary use by GSO which 17/24 GHz BSS earth stations may not claim the 18.3–18.58 GHz band for co-primary use by FSS and fixed service and the 18.58–18.8 GHz band protection from earth stations transmitting to GSO FSS and terrestrial fixed services, and the for primary use by GSO FSS. See 18 GHz Order, 15 Federal satellites in the Earth-to-space direction. 18.58–18.8 GHz band for primary use by GSO FSS. FCC Rcd at 13432, 13445, paragraphs 4 and 31.

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7665

17.7–17.8 GHz band, we propose to treat proposed condition that blanket systems. If so, we ask what course of FSS (space-to-Earth) operations on a co- licensed FSS earth stations, if action would best protect the operations primary basis vis-a`-vis the primary FSS authorized to receive FSS (space-to- of future and existing users. (Earth-to-space) allocation in the 17.7– Earth) transmissions in the 17.7–17.8 Technical Rules To Prevent Harmful 17.8 GHz band. Treating satellite GHz band, must operate on a non- Interference in the 17.3–17.8 GHz Band operations on co-primary basis would protected basis and claim protection be consistent with the International from neither fixed service operations Measures To Facilitate Space-to-Earth Table and our proposed co-primary nor FSS earth stations providing feeder Operations of 17/24 GHz BSS and FSS treatment of satellite operations in the links to BSS space stations in the We propose various requirements 28 adjacent 17.3–17.7 GHz band. This band. We seek comment on these intended to facilitate both intra-service would facilitate the use of the 17.3–17.7 proposals. operations between 17.3–17.8 GHz FSS GHz and 17.7–17.8 GHz frequencies as With respect to protecting incumbents space stations and inter-service a contiguous band, governed by the from harmful interference, we note that operations between FSS and17/24 GHz same streamlined rules, allowing § 25.208(c) includes angle-dependent BSS space stations. Most of these flexibility to the FSS space-to-Earth PFD limits intended to protect terrestrial requirements are already applicable to systems to operate efficiently. services from space station 17/24 GHz BSS space stations Accordingly, allowing FSS downlink transmissions in the 17.7–19.7 GHz transmitting in the band, and we operations in the 17.7–17.8 GHz band band. We seek comment on whether propose to extend them to 17.3–17.8 would serve the public interest, these angle-dependent PFD limits GHz FSS space stations either directly provided such FSS operations comply would adequately protect fixed service or with some modifications. with other proposed revisions to the operations from harmful interference Required Longitudinal Separation. At technical requirements intended to from GSO FSS operations in the 17.7– present, the different satellite services protect the operations of incumbent 17.8 GHz band. Apart from these and operating in the 17.3–17.8 GHz band are services, including 17/24 GHz BSS and the default service rules contained in subject to different orbital spacing DBS systems. We seek comment on § 25.217 we have no requirements requirements. Our rules require 17/24 these proposals and conclusions. specifically governing space-to-Earth GHz BSS space stations that transmit in If adopted, we propose to implement FSS transmissions in the 17.7–17.8 GHz the space-to-Earth direction in the 17.3– our revisions to the U.S. Table by band. If commenters propose any 17.8 GHz band to be separated from including a primary allocation to the additional rules to facilitate sharing, each other by at least four degrees.29 In FSS (space-to-Earth) but also including they also should address costs and contrast, DBS stations are authorized to the new footnote NG58 that would benefits of adopting their proposals. receive feeder uplink transmissions in permit authorization of earth stations Although we believe that the above- the 17.3–17.8 GHz band in the opposite receiving transmissions from GSO FSS outlined approach best achieves our direction (i.e., reverse-band operations), space stations in the 17.7–17.8 GHz goals of promoting spectrum efficiency and are typically separated from each band, strictly on a non-protected basis and operational flexibility, we seek other by at least nine degrees.30 with respect to terrestrial fixed service comment on alternatives and how we Transmitting 17/24 GHz BSS space operations. The relevant portion of this can protect the operations of incumbent stations must also maintain at least 0.2 new footnote NG58 would read: ‘‘Earth services. AT&T asserts that when degrees separation from DBS space stations in the fixed-satellite service considering the entry of new FSS co- (space-to-Earth) in the 17.7–17.8 GHz primary operations into the band, the stations to minimize space path band shall not claim protection from Commission should consider the impact interference. GSO FSS space stations of these new operations on the future however, have historically been subject stations in the fixed service that operate 31 in that band.’’ We believe this approach expansion of DBS uplinks. Although the to a two-degree spacing requirement. will provide a certain level of flexibility recent removal of the DBS freeze should 29 We note however, that the FSS space stations to GSO FSS operators while placing no alleviate AT&T’s particular concern in the 24.75–25.25 GHz band, which include (but additional coordination burden on fixed regarding the timing of introducing are not limited to) feeder uplinks for 17/24 GHz service operators.27 This approach also these new operations, we nonetheless BSS stations may be located as close as two degrees. is consistent with our goals to allocate seek comment on this question See Use of Spectrum Bands Above 24 GHz for generally as raised by AT&T. We believe Mobile Radio Services, GN Docket No. 14–177, WT increasingly scarce spectrum resources Docket No. 10–112, Third Report and Order, in the most efficient and effective that our proposed revisions to the U.S. Memorandum Opinion and Order, and Third manner possible. We also propose Table allowing co-primary FSS Further Notice of Proposed Rulemaking, 33 FCC corresponding modifications to § 25.115 downlinks in the 17.3.17.8 GHz band Rcd 5576, 5586, paragraph 25 (2018). to reference these conditions in our are compatible with existing operations 30 The spectrum and orbital resources for DBS are subject to planned use, on a regional basis, under licensing requirements, including a in the band given the accompanying the international regulations administered by the revisions to the technical requirements International Telecommunication Union (ITU). 27 We note that with respect to adjacent band intended to protect the operations of Under this plan, the United States is assigned eight operations, under the currently applicable rules, a incumbent services. Nonetheless, we orbital locations for the provision of DBS, spaced ° fixed service operator in the 17.7–18.3 GHz band is seek comment on the possible impact to at least nine degrees: 61.5 West Longitude (W.L.), required to comply with out of band emission limits 101° W.L., 110° W.L., 119° W.L., 148° W.L., 157° contained in our rules. A fixed service operator in current and future DBS, 17/24 GHz BSS, W.L., 166° W.L., and 175° W.L. See ITU Radio the 17.7–18.3 GHz band that complies with these or terrestrial fixed service systems, and Regulations, Art. 5, section 1. limits would not otherwise be required to we ask if the introduction of new GSO 31 47 CFR 25.103. Our rules define a two-degree coordinate its operations with FSS receiving earth FSS downlinks into the band might compliant space station as a GSO FSS space station stations in the 17.3–17.7 GHz band. See Letter from operating in the conventional or extended C-bands, Donald J. Evans, Counsel to the Fixed Wireless have unforeseen or unreasonably the conventional or extended Ku-bands, the 24.75– Communications Coalition, to Marlene H. Dortch, constraining consequences to these 25.25 GHz band, or the conventional Ka-band Secretary, FCC, IB Docket No. 20–330 at 2 (filed within the limits on downlink EIRP density or PFD Nov. 10, 2020). See also 47 CFR 74.637, § 78.103, 28 See infra, Appendix A. Unlike blanket licensed specified in § 25.140(a)(3) and communicating only and § 101.111. Fixed services in the 17.8–18.3 GHz FSS earth stations, individually licensed FSS earth with earth stations operating in conformance with band would likewise not be subject to a stations would be permitted to claim protection routine uplink parameters specified in §§ 25.138(a), coordination requirement vis-a`-vis FSS receiving from earth stations providing feeder links to BSS 25.211(d), 25.212(c), (d), or (f), 25.218, 25.221(a)(1) earth stations operating in the 17.7–17.8 GHz band. space stations in the band. See infra, paragraph 55. Continued

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 7666 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules

Compliance with the two-degree orbital be implemented using the coordination space stations. 17/24 GHz BSS and FSS separation requirements for FSS space showings per § 25.140(b) for both types space stations transmitting in the 17.7– stations is verified by the information of applicants, it may not, however, most 17.8 GHz band are also subject to the certifications and technical showings effectively maximize use of the orbital arrival-angle-dependent PFD limits required by § 25.140(a) of our rules. arc and spectral resources, nor provide contained in § 25.208(c) that are In its Petition, SES includes proposed maximum flexibility for FSS or 17/24 intended to protect terrestrial systems in modifications to both rule §§ 25.140, GHz BSS operators. Commenters that band.37 and 25.262. Under this proposed proposing other alternatives also should At present, our rules do not include approach, FSS space stations would be discuss any cost and benefits associated PFD limits for FSS space stations in the required to maintain at least two degrees with their proposals, in addition to 17.3–17.7 GHz band. In its petition, SES of separation from each other and would discussing any technical advantages. proposes PFD limits for FSS systems also be required to maintain a default Downlink Power Limits. The based on the existing regional PFD limit orbital separation of at least four degrees Commission has typically employed scheme, with some modifications.38 SES from 17/24 GHz BSS space stations.32 downlink PFD limits for space stations proposes that in some geographic In determining what orbital transmissions in order to facilitate both regions FSS downlink transmissions not separation would be most appropriate inter-service and intra-service sharing. exceed a PFD limit of –118 dBW/m2/ for FSS space stations seeking to operate PFD limits for intra-service operations MHz which is more stringent than the in the 17.3–17.8 GHz band in the space- are generally imposed to ensure a limit imposed on 17/24 GHz BSS space to-Earth direction, we consider not only relatively homogeneous transmitting stations in the same region.39 Although accommodation of FSS operations in a environment which aids in protecting SES offers no explicit rationale for its manner most consistent with other FSS co-frequency receiving antennas from proposal to apply this more stringent bands, but also harmonization of the adjacent satellite interference.34 PFD PFD limit to FSS transmissions, we operations of the three different satellite limits may also be imposed to facilitate recognize that it is identical to the PFD services operating bi-directionally in the inter-service operations, notably to limit our rules apply to FSS same frequency band. We therefore protect terrestrial services from satellite transmissions in the nearby propose changes to §§ 25.140(a) and (b), transmissions. conventional Ka-band to allow two- (d) and 25.262 of our rules, to require The Commission’s current rules degree spacing.40 We propose applying GSO FSS and 17/24 GHz BSS applicants include PFD limits for 17/24 GHz BSS regional PFD limits to 17.3–17.8 GHz seeking to operate in the 17.3–17.8 GHz systems transmitting in the 17.3–17.7 FSS space station transmissions, to band, to demonstrate compliance with GHz band.35 These PFD levels were harmonize them with those now rules applicable to their service’s established to accommodate four-degree applicable to the 17/24 GHz BSS, and particular orbital spacing requirements, spacing (i.e., intra-service sharing) propose adopting the specific regional while simultaneously accommodating between 17/24 GHz BSS networks. The limits advocated by SES. We tentatively adjacent neighboring space stations in regional variation was adopted, among conclude that these limits, including the other services.33 We propose to adopt a other reasons, to account for geographic maximum value of ¥118 dBW/m2/MHz two-degree orbital spacing approach for variations in rainfall characteristics. will allow transmitting FSS space transmitting FSS space stations and Moreover, these limits are intended to stations to operate in both a two-degree require an FSS applicant to make protect BSS receiving antennas FSS spacing environment as well as different coordination showings conforming to the requirements of alongside the four-degree 17/24 GHz depending upon the service of its § 25.224 of our rules and are derived BSS environment.41 We seek comment adjacent neighbors. We believe that from antenna patterns in on these conclusions. permitting two-degrees of separation Recommendation ITU–R BO.1213–1 The PFD limits contained in § 25.208 between downlinking FSS space which applies specifically to BSS are largely intended to facilitate sharing 36 stations, while retaining four-degree receiving antennas. FSS receiving between space and terrestrial services. separation from 17/24 GHz BSS space antennas will likely exhibit different Most are angle-dependent and closely stations, would most efficiently use the gain characteristics and may ultimately replicate the PFD limits contained in orbital arc and associated spectrum operate in an orbital spacing resources. We seek comment on this environment (e.g., two degrees) different 37 47 CFR 25.208(c). These limits are applicable in the 17.7–19.7 GHz band and must be met by FSS proposal, and on its possible from the four-degree separation approach established for 17/24 GHz BSS and 17/24 GHz BSS space stations. ramifications for the incumbent 38 SES Petition at 10. SES’s proposed services. requirements are: (1) In the region of the contiguous We also seek comment on other 34 The downlink power levels transmitted by United States, located south of 38° North Latitude adjacent co-frequency satellites, in combination and east of 100° West Longitude: ¥118 dBW/m2/ alternatives, including whether we with the sidelobe performance characteristics of the MHz; (2) In the region of the contiguous United should apply the same orbital spacing receiving earth station antenna, will determine the States, located north of 38° North Latitude and east requirements to downlinking FSS space carrier-to-interference ratio that an operator of 100° West Longitude: ¥118 dBW/m2/MHz; (3) In stations as we currently apply to 17/24 experiences at the receive antenna as a result of the region of the contiguous United States, located adjacent satellite interference. west of 100° West Longitude: ¥121 dBW/m2/MHz.; GHz BSS stations, (i.e., four-degree 35 47 CFR 25.208(w). Specifically, these PFD and (4) For all regions outside of the contiguous spacing). While this approach might limits are: (1) In the region of the contiguous United United States including Alaska and Hawaii: ¥118 yield a more homogeneous regulatory States, located south of 38° North Latitude and east dBW/m2/MHz. ¥ 2 39 and operating environment and could of 100 West Longitude: 115 dBW/m /MHz; (2) In This limit is more stringent compared with the the region of the contiguous United States, located most restrictive PFD limit of ¥115 dBW/m2/MHz north of 38° North Latitude and east of 100° West required in the same geographic region from BSS or (3), or 25.222(a)(1) or (3), 25.226(a)(1) or (3), or Longitude: ¥118 dBW/m2/MHz; (3) In the region of space stations. 25.227(a)(1) or (3). the contiguous United States, located west of 100 40 47 CFR 25.140(a)(3)(iii). The conventional 32 The minimum four-degree separation West Longitude: ¥121 dBW/m2/MHz; and (4) For downlink Ka-bands include 18.3–18.8 GHz (space- requirement between 17/24 GHZ BSS space stations all regions outside of the contiguous United States to-Earth) and 19.7–20.2 GHz (space-to-Earth). would be unchanged. SES Petition, Rule Appendix. including Alaska and Hawaii: ¥115 dBW/m2/MHz. 41 We note that if the ¥118 dBW/m2/MHz 33 47 CFR 25.140(a) and (b) and § 26.262. We also Id. regional PFD limit is met, then the angle-dependent propose conforming changes to § 25.114(d)(15) 36 In contrast, FSS receiving antennas in other PFD limits contained in § 25.208(c) that are which refers to the showings applicants must frequency bands are typically subject to the intended to protect terrestrial operations in the provide with their applications. requirements contained in § 25.209. 17.7–17.8 GHz band will be met as well.

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7667

Article 21 of the ITU Radio Regulations. FSS space stations was eliminated in constraints that § 25.264 of our rules Since § 25.140(a) contains rules to the Part 25 Second Report and Order, now applies to 17/24 GHz BSS space facilitate FSS operations in a two-degree although at that time the Commission stations. orbital spacing environment, we believe did not address the cross-polarization Off-Axis Power Flux Density that this rule section is a more isolation requirement for 17/24 GHz Coordination Trigger. To avoid harmful appropriate place to include our BSS. We propose to not extend the levels of space path interference into proposed PFD limits, as they are cross-polarization requirements to FSS DBS space station antennas from 17/24 intended to facilitate intra-service space station antennas transmitting in GHz BSS transmissions, our rules operation. Thus, rather than amending the 17.3–17.8 GHz band. We seek provide a coordination trigger value, § 25.208, we propose to include these comment on this proposal. We also seek i.e., a PFD of ¥117 dBW/m2/100 kHz at new PFD requirements in § 25.140(a)(3). comment on whether this requirement the victim DBS space station receiving Further, to improve the organizational might be obsolete in the current digital antenna above which coordination is coherence of our Part 25 rules, we also transmission environment and could be required. To protect DBS space stations propose to likewise move the regional eliminated for 17/24 GHz BSS space PFD limits for 17/24 GHz BSS space station transmissions as well.45 from space path interference arising stations now contained in section from adjacent FSS space station Measures To Mitigate Space Path 25.208(w) to § 25.140(b)(3). As a downlinks, SES proposes modifications Interference consequence of this move, we also to § 25.264 of our rules to extend the propose conforming updates to other In the 17.3–17.8 GHz reverse-band current PFD coordination trigger of –117 2 paragraphs in § 25.140(b)(3) 42 and to sharing environment, receiving DBS dBW/m /100 kHz to downlinking FSS rule sections that currently reference space stations are vulnerable to space space stations in the 17.3–17.7 GHz section 25.208(w) including path interference 46 from nearby co- band. We further propose applying this §§ 25.114(d)(15)(i) and (ii), 25.140(b)(5), frequency 17/24 GHz BSS space station coordination trigger to transmissions and 25.262(b)(1) and (2) and (c) and (d). transmissions.47 In the 17/24 GHz Space from FSS space stations is an We seek comment on these proposed Path Report and Order, the Commission appropriate approach to mitigate space rule changes generally, and on whether adopted requirements to mitigate such path interference into DBS receivers and the proposed PFD limits for FSS space space path interference. If we opt to we propose to amend § 25.264(a) stations are appropriate. permit FSS space-to-Earth transmissions through (i) of our rules accordingly. We Polarization and Full Frequency Re- in the 17.3–17.8 GHz band, analogous also propose to apply this requirement Use Requirements. Section 25.210(f) of requirements will need to be adopted to to FSS downlinking space stations in our rules requires all space stations in mitigate space path interference from the 17.7–17.8 GHz band, which could the FSS operating in any portion of the FSS space station transmissions into also be a source of space path bands specified therein to employ state- DBS satellite receivers. We propose to interference into DBS receivers. We seek of-the-art full frequency reuse, either apply to FSS space stations the same comment on these proposals. through the use of orthogonal antenna off-axis power flux density In addition, we propose to amend polarizations within the same beam coordination trigger, antenna off-axis § 25.264(b)(1) and (2) and (e) to require and/or the use of spatially independent gain measurement requirements, two- that the PFD calculations at the DBS 43 beams. It similarly requires full part information submission process, receiver consider the aggregate power frequency reuse for BSS space stations and orbital inclination and eccentricity flux density from all 17.3–17.8 GHz transmissions in the 17.3–17.8 GHz transmitting beams on the adjacent band (space-to-Earth).44 We propose to 45 Historically, the Commission adopted its 30 dB space station. Under our proposed new amend this requirement to include FSS cross-polarization isolation requirement in an environment where satellites were predominantly rules, this requirement would apply to 17.3–17.8 GHz in the list of specified using analog transmissions as it served to minimize both FSS and any new 17/24 GHz BSS frequencies, thereby extending the the interference between adjacent satellites when space station operations. Our space path requirement to FSS space-to-Earth both carried analog video signals with highly mitigation rules were initially written transmissions in the band. We seek varying (peaked) power density levels. Although relaxed to 25 dB, a similar cross-polarization comment on this proposal. considering the 17/24 GHz BSS space requirement, was later extended to 17/24 GHz BSS stations of an earlier generation as Cross-Polarization Isolation systems. 17/24 GHz R&O and FNPRM, 22 FCC Rcd Requirements. Section 25.210(i) requires at 8888–89, paragraph 113. potential interference sources; at that 17/24 GHz BSS transmitting space 46 This type of interference may occur when the time we did not contemplate today’s station antennas to provide cross- off-axis downlinked signals from one space station space station design, that often employs are detected by the receiving antenna of a nearby multiple spot beams and may result in polarization isolation of at least 25 dB co-frequency space station. The severity of space within the primary coverage area. We path interference will depend upon the transmitted a cumulative interference level at the note that a similar cross-polarization signal power level; the off-axis gain discrimination DBS receiver. We seek comment on isolation requirement for transmitting characteristics of the transmitting and receiving these proposals. antennas; and on the specific orientation of, and separation between, the transmitting and receiving Requirements for Antenna Off-Axis 42 We propose renumbering of § 25.140(b)(3) antennas on both space stations. This latter factor Gain, Angular Measurement Ranges, generally as well as conforming updates to in turn depends upon various inter-dependent and Minimum Longitudinal Separation. paragraphs (b)(4), (b)(5) and a new paragraph (b)(6). parameters including longitudinal separation and See infra Appendix A. the inclination and eccentricity of both space Our current rules require that 17/24 43 47 CFR 25.210(f). The FSS bands listed include station orbits. Management of space path GHz BSS space stations maintain a 3600–4200 MHz, 5091–5250 MHz, 5850–7025 MHz, interference is typically more challenging when a minimum longitudinal separation of at 10.7–12.7 GHz, 12.75–13.25 GHz, 13.75–14.5 GHz, receiving DBS space station is located within a few least 0.2° from an adjacent DBS satellite. 15.43–15.63 GHz, 18.3–20.2 GHz, 24.75–25.25 GHz, tenths of a degree in orbital longitude from a or 27.5–30.0 GHz bands, including feeder links for transmitting co-frequency space station. This angular separation, in conjunction other space services. This requirement does not 47 Analogously, ground path interference arises with limits on certain orbital parameters apply to telemetry, tracking, and command between earth stations when the off-axis of space stations in both the DBS and operation. transmissions in the Earth-to-space direction of one 17/24 GHz BSS services, bounds the 44 47 CFR 25.210(f). This requirement does not service are received by a nearby co-frequency range over which 17/24 GHz BSS apply to telemetry, tracking, and command receiving earth station in another service. See infra operation. at paragraphs 49–58. applicants or licensees must provide off-

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 7668 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules

axis angular gain and PFD data.48 provide 17/24 GHz BSS operators with We propose to amend § 25.264(g) of Sections 25.264(a) and (b) of our rules the flexibility to locate at the small our rules to apply 0.5 degrees as the specify the set of angular ranges over orbital separations they then sought, minimum orbital longitude separation which antenna off-axis gain data and while simultaneously requiring the that transmitting FSS space stations associated PFD calculations must be antenna off-axis gain measurement data must maintain relative to DBS space provided to demonstrate whether the to be made within ranges considered to stations, and to amend § 25.264(a) to coordination trigger will be exceeded at be reasonable by commenters. We note reflect the corresponding off-axis planned or existing DBS satellite however, that no 17/24 GHz BSS measurement angles, i.e., ±10 degrees in locations.49 SES proposes that operator has yet provided service from the X–Z plane and ±20 degrees in planes transmitting FSS space stations be a location separated from a U.S.- rotated about the Z axis.54 We propose required to maintain this same licensed DBS satellite by as little as 0.2 to retain our current requirements for minimum longitudinal separation of degrees.51 Moreover, in more recent orbital inclination and eccentricity, and 0.2° from adjacent DBS satellites, and instances, 17/24 GHz BSS applicants propose to amend § 25.264(h) to extend would extend to them the same limits have sought waivers of our off-axis these values to FSS space stations. We on orbital inclination and eccentricity. It antenna gain measurement seek comment on these proposals, and further proposes extending to requirements, citing difficulties making we ask whether 0.2 degrees or some transmitting FSS space stations, the measurements over the required angular different orbital separation value, or requirement to provide antenna off-axis ranges and or specified frequencies. other orbital parameters would be more gain and PFD information over the same appropriate. Further, we tentatively angular and frequency measurement In its Petition, SES proposes FSS use conclude that this same change in the ranges contained in our rules for 17/24 in space-to-Earth direction for gateway required minimum orbital separation GHz BSS transmitting space stations. earth stations, not direct-to-home value and corresponding antenna The required angular measurement consumer services. For such use, FSS measurement angles could be extended ranges and associated orbital parameters operators will not have the same to 17/24 GHz BSS space stations including longitudinal separation, economic incentives to locate space transmitting in the 17.3–17.8 GHz band. inclination and eccentricity, are inter- stations at such small longitudinal We propose to similarly amend dependent values. Accordingly, the off- separations from DBS satellites (i.e., to § 25.264(a) and (g) with respect to 17/24 axis angle occurring between two make use of a single subscriber GHz BSS space stations, and we seek geostationary satellites will vary as a receiving antenna). Thus, we believe comment on these options, and on result of changes in these inter- that the minimum longitudinal alternatives that might be appropriate. dependent orbital parameters. The off- separation from DBS satellites that FSS Measurement Frequencies. To account axis measurement ranges specified in space stations must maintain could be for the frequency-dependent nature of our rules for 17/24 GHz BSS satellites increased, resulting in more limited antenna gain, our current rules require are intended to encompass the angular angular ranges over which antenna gain off-axis angular measurements to be 52 range arising between DBS and 17/24 data must be measured. Requiring a made at a minimum of three GHz BSS satellites with longitudinal minimum orbital separation between measurement frequencies determined separations as small as 0.1 degrees,50 DBS and downlinking 17.3–17.8 GHz with respect to the entire portion of the 53 while simultaneously accommodating satellites of 0.5 degrees would reduce 17.3–17.8 GHz band over which the operation of such space stations within the required angular measurement range space station is designed to transmit.55 in planes rotated about the Z axis to as Although we propose no changes in this typically observed orbital eccentricity ± and inclination values. At the time the little as 20 degrees. The corresponding requirement, we seek comment on reduction in measurement range in the whether our rules should be revised to current values for these parameters were ± chosen, the Commission sought to X–Z pane would reduce from 30 permit increased flexibility in the degrees to approximately ±6 degrees. measurement frequencies. If so, 48 47 CFR 25.264(h) and (i). Orbital inclination is commenters should be specific limited to less than 0.075° and orbital altitude may 51 Following adoption of minimum orbital regarding how such a rule should be re- not exceed 35,806 km or fall below 35,766 km separation requirements in the 17/24 GHz Second structured. Comments should address above the Earth’s surface. Although a DBS space Report and Order, Spectrum Five LLC sought to how many measurement frequencies station may exceed these bounds, it may not claim operate from an orbital location of 119.25° W.L. protection from any additional space path Spectrum Five LLC’s application was granted should be required, over what range, interference arising as a result of its excessively although the grant later declared null and void. See and at what separation from each other. inclined or eccentric operations and may only claim Petition for Declaratory Ruling Regarding 17/24 Two-Part Data Submission Process. At protection as if it were operating within the defined GHz Broadcasting-Satellite Service to the U.S. present our rules require a two-part bounds. See also, 17/24 GHz Space Path Report and Market from the 119.25° W.L. Orbital Location, 33 Order at 8945–47, paragraphs 39–41. FCC Rcd 153 (IB, Sat. Div. 2012) (declaring null and submission process for antenna off-axis 49 47 CFR 25.264(a). Specifically, measurements void Spectrum Five LLC’s grant of access to the U.S. gain data and associated PFD must be made over a range of ±30° from the X axis market for a GSO satellite to be located at the calculations to demonstrate in the X–Z plane, and over a range of ±60° in planes 119.25° W.L. orbital location operating in the conformance with the off-axis PFD rotated about the Z axis. This rule section also 17/24 BSS satellite). 56 defines the X and Z axes using a cartesian 52 One approach that might permit relaxation of coordination trigger. Under this coordinate system wherein the X axis is tangent to the required angular measurement range for off-axis the geostationary orbital arc with the positive antenna gain (and calculated PFD performance) 54 Smaller orbital separations would still be direction pointing east, i.e., in the direction of travel would be to increase the minimum orbital possible if a coordination agreement is achieved of the satellite; the Y axis is parallel to a line separation requirement between transmitting 17.3– between the FSS and DBS operators. passing through the geographic north and south 17.8 GHz space stations and DBS receiving space 55 47 CFR 25.264(a)(4) and (5). Specifically, these poles of the Earth, with the positive direction stations from 0.2 degrees to a somewhat larger are: (1) Five megahertz above the lower edge of the pointing south; and the Z axis passes through the value. Similarly, further restricting the limits placed band; (2) at the band center frequency; and (3) five satellite and the center of the Earth, with the on orbital inclination and eccentricity could megahertz below the upper edge of the band. A positive direction pointing toward the Earth. See accomplish this, although this would seem greater angular measurement range may be used, if also, 17/24 GHz Space Path Report and Order at somewhat impractical. necessary, to account for any planned spacecraft 8941–42, paragraphs 30–31. 53 Taking an east/west station keeping allowance orientation bias or change in operating orientation 50 Taking the station keeping requirements of of ±0.05 degrees into account a nominal orbital relative to the reference coordinate system. ±0.05° into account, the required nominal separation of 0.5 degrees results in an actual 56 Initially the Commission’s rules required separation between the two space stations is 0.2°. minimum orbital separation of 0.4 degrees. analytical data to be included at the time of

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7669

approach at an early stage in the two-part information showing, or is a rules contains requirements to mitigate process, operators submit predicted single simulation output sufficient? If ground path interference from DBS antenna off-axis gain data and so, at what point in the process should feeder links into BSS earth stations associated PFD calculations at any this information be submitted? operating in the 17/24 GHz BSS. If FSS identified victim (DBS) space station Would accepting simulated gain and receiving earth stations are permitted to receiver. No later than two months prior PFD data obviate a need to reduce the operate in the band with protected to launch this predicted data is angular ranges over which such status with respect to DBS feeder link confirmed by submission of measured measurements are made, based on its earth stations, then we will need to data and associated PFD calculations. ability to alleviate the difficulties adopt analogous protection We propose to amend § 25.264(a) applicants and licensees experience in requirements. Below, we propose through (e) of our rules to extend this providing measured data? Or rather, generally to apply the same requirement to FSS applicants would an increased orbital separation coordination approach that the proposing space-to-Earth transmissions between space-to-Earth transmitting FSS Commission adopted to facilitate in the 17.3–17.8 GHz band. We seek or BSS and DBS space stations alleviate operations between DBS and 17/24 GHz comment on this approach as well as concerns associated with relying upon FSS earth stations to receiving FSS earth whether it would serve the public simulated off-axis gain data for stations. We propose to apply this interest to adopt a modified data determining likelihood of inference, coordination approach to FSS earth submission process instead. We also recognizing that at increased stations in the entire 17.3–17.8 GHz seek comment on whether we should longitudinal separation, the likelihood band, although in the 17.7–17.8 GHz retain, update, or modify any part of the for space path interference is band such earth stations will not be process for 17/24 GHz BSS applicants. significantly diminished? entitled to protection from fixed service In its comments to the Part 25 Second To demonstrate that the coordination stations. As discussed below, we seek Report and Order, SIA argued that trigger is not exceeded, § 25.264(a)(6) comment on modifications to the § 25.264(c) should be revised to permit and (b)(4) of our rules require parameters used with the ITU Radio acceptance of simulated antenna gain submission of PFD information Regulations Appendix 7 coordination data in place of measured data to afford calculated from the antenna off-axis methodology 59 to account for applicants additional technical gain data. The timing of PFD data differences between the receiving flexibility. In that Order, the submission is tied to the critical design antennas in the two services. Commission acknowledged that strict review (CDR) process,57 a former SES argues that 17 GHz FSS compliance with § 25.264(c) has proven satellite milestone requirement that was downlinks readily fit into the existing difficult for some applicants. At that defined to be two years after the license 17/24 GHz BSS regulatory structure and time, however, we declined to adopt grant. In the Part 25 Second Report and will not constrain the placement of SIA’s proposal to accept simulated data Order, however, the Commission additional future DBS feeder link in place of gain measurements, as the eliminated all interim milestone facilities. SES points out that all existing record contained insufficient requirements, including CDR, thereby DBS feeder link sites are grandfathered information to determine whether the creating some uncertainty with regard to and permitted to make modest changes, simulated data would replicate the the timing of PFD submission and that entities seeking to establish accuracy of the required measurements. requirements. To correct this, we protected 17 GHz FSS receiving earth To evaluate whether to permit the use propose to replace the phrase ‘‘within stations would select locations well of simulated data in place of gain 60 days after completion of critical away from current DBS feeder link measurements in this instance, we seek design review’’ with a requirement to facilities.60 We propose generally to comment on whether and how we submit information ‘‘within two years amend § 25.203(m) of our rules to should modify the two-part submission after license grant’’ in these rule include receiving FSS earth stations in process to also accept simulated data in sections. We seek comment on our the rules. We seek comment on this lieu of measured data. We ask what proposed changes. approach and on any unforeseen effects requirements we should place on the it may have on incumbent DBS simulated data to ensure accuracy of Measures To Mitigate Ground Path Interference operations. We also recognize that there required calculations and effectiveness are some differences between BSS of our rules. Are there specific software In the 17.3–17.8 GHz band, receiving receiving earth stations and those FSS programs that should be specified, or FSS earth stations will be vulnerable to stations that may operate in the band, certain input assumptions, conditions or ground path interference from the Earth- and we ask commenters for input on if, other parameters that we should to-space transmissions from nearby co- and how, these differences might need specify? In addition to the resulting gain frequency DBS feeder link earth 58 and PFD levels, what information stations. Section 25.203(m) of our interference which arising between co-frequency should we require applicants to include space stations as discussed above. As with space with their showing, e.g., specific input 57 In bounding the timing of PFD information path interference, the severity of ground path assumptions, conditions or other submissions by the critical design review process, interference will depend upon the transmitted the Commission sought to permit licensees to signal power level, the off-axis gain discrimination parameters? If the Commission decides provide gain and PFD predictions at a point when characteristics of the transmitting and receiving to accept simulated off-axis gain and spacecraft design would be more mature, believing antennas, and the specific orientation of, and associated PFD data, what other changes that predictions made at that point would generally separation between, the transmitting and receiving to our rules may be necessary. For be more reliable than predictions made at the antennas on both earth stations. In addition, local application stage. Comprehensive Review of geography can also influence ground path example, is it necessary to retain the Licensing and Operating Rules for Satellite interference levels. Services, IB Docket No. 12–267, Further Notice of 59 ITU Radio Regulations, Appendix 7 at section application, and measured data was required nine Proposed Rulemaking, 29 FCC Rcd 12116, 12166, 3; Table 9b of Annex 7. months prior to launch. The Commission later paragraph 177 (2014) (Part 25 Further Notice). 60 SES Petition at 6–7. SES further argues that the amended § 25.264 of our rules to provide 17/24 GHz 58 Ground path interference arises in reverse-band gateway-type receiving FSS earth stations it BSS applicants and licensees greater flexibility, and sharing scenarios when the off-axis uplinked contemplates would be fewer in number and more to allow for finalization of antenna design. See Part signals transmitted by one earth station are detected resistant to interference than the ubiquitously 25 Second Report and Order, 30 FCC Rcd at 14816, by the receiving antenna of a nearby co-frequency deployed 17/24 GHz BSS earth stations now paragraphs 329–330. earth station. It is analogous to space path permitted in the band. Id.

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 7670 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules

to be accounted for in any rule of our rules contains specific parameter • Maximum equivalent isotropically modifications. We recognize, for values to be used in determining this radiated power (e.i.r.p.) density in the example, that receiving FSS and BSS coordination zone.63 These parameters main beam in any one-megahertz band; earth stations will have different however, were adopted based on the • Maximum available RF transmit antenna performance characteristics,61 characteristics of BSS receiving earth power density in any one-megahertz and unlike 17/24 GHz BSS earth stations, and we do not believe that they band at the input terminals of the stations, FSS earth stations entitled to are necessarily appropriate to use in antenna(s); and protection from DBS feeder link earth calculating the coordination zone • A plot of the coordination distance stations will not be ubiquitously relative to receiving FSS earth stations. contour(s) and rain scatter coordination deployed. Thus, we propose to modify distance contour(s) as determined by Upgrades and Modifications to § 25.203(m)(1) to include new values for Table 2 of section 3 to Appendix 7 of Grandfathered DBS Facilities. In the 17/ use in coordination of DBS feeder link the ITU Radio Regulations. 24 GHz Ground Path Report and Order earth stations relative to FSS earth DBS operators needing to coordinate the Commission grandfathered existing stations. We seek comment on this with 17.3–17.8 GHz receiving FSS earth DBS earth station sites and adopted a conclusion and on whether different station operations must be able to two-pronged approach to allow existing parameter values should be included in determine those locations at which DBS feeder link operators to modify or our rules, and on what these values coordination is required. Receive-only add antennas to their networks at these should be. For example, parameters earth stations are generally not required sites. Under that approach, the aggregate such as the link performance margin to apply for a license or to be registered PFD resulting from the new or modified (Ms), receiver noise temperature (Te) and with the Commission, although they operations cannot exceed the PFD receiving antenna gain parameters (Gm, may do so in accordance with the generated by the existing station Gr) are specific to BSS systems. provisions of § 25.115(b) of our rules, to measured at any point between three In addition, our rules identify certain receive interference protection from and ten meters above the ground. In information that applicants proposing terrestrial service in bands shared co- addition, any new earth station antenna new DBS feeder link earth station must equally with the fixed service. We seek must be located within one kilometer of provide to a third-party coordinator to comment on how to facilitate an existing authorized DBS feeder link resolve any potential interference issues coordination with DBS operators and to earth station antenna. Otherwise, the with affected 17/24 GHz BSS receiving ensure protection from DBS feeder link new or modified earth station is subject stations prior to licensing. We believe earth station ground path interference. to the coordination procedures in that the same information should also We propose that interference protection § 25.203(m) of our rules, which are be provided to a third-party coordinator will be afforded to individual FSS discussed below. We propose to retain to enable coordination with affected receiving earth stations from DBS feeder this grandfathered status for existing FSS receiving earth stations in the 17.3– link transmissions only if they have DBS feeder link earth stations relative to 17.8 GHz band. Accordingly, we been licensed with the Commission, and FSS receiving earth stations, and to propose to apply § 25.203(m)(2) to FSS we propose to amend § 25.203(m)(3) of apply to FSS the same criteria for with no additional changes to the our rules to reflect this requirement. We permitting DBS operators to modify or requested information. We seek seek comment on these proposals. add antennas to their existing networks. comment on this proposal. The We propose, however, to allow We seek comment on these proposals. requested information is as follows: • blanket licensed FSS earth stations Coordination between DBS and FSS The geographical coordinates of the (other than earth stations in motion Receiving Earth Stations. The proposed earth station antenna(s); (ESIMs)) on a non-protected basis in the • Proposed operating frequency Commission’s rules include a 17.3–17.8 GHz band and propose to band(s) and emission(s); coordination methodology to permit amend § 25.115(e) to reflect this. We licensing of new DBS feeder link earth • Antenna diameter (meters); • Antenna center height above seek comment on this proposal. SES stations in the 17.3–17.8 GHz band asserts that the 17.3–17.7 GHz FSS while protecting co-frequency receiving ground and ground elevation above mean sea level; downlink spectrum is needed to BSS earth stations in the 17.3–17.7 GHz • accommodate gateway operations, while band. This rule requires a DBS operator Antenna gain pattern(s) in the plane of the main beam; other FSS bands would be used for with a new or modified earth station to • ubiquitously deployed user terminals. complete frequency coordination with Longitude range of geostationary satellite orbit (GSO) satellites at which SES further argues that sharing with existing and planned 17/24 GHz BSS incumbent services in the 17.3–17.7 receive earth stations within an an antenna may be pointed; • Horizon elevation plot; GHz band is feasible in part because established coordination zone around • Antenna horizon gain plot(s) such gateway-type FSS earth stations its proposed site using the methodology determined in accordance with the would be fewer in number and more outlined in Appendix 7 of the ITU resistant to interference than the widely- 62 procedure in section 2.1 of Annex 5 to Radio Regulations. Section 25.203(m) Appendix 7 of the ITU Radio dispersed consumer terminals. Given Regulations; the already complex reverse-band 61 17/24 GHz BSS receiving antennas no smaller • than 45 cm in diameter are protected from Minimum elevation angle; sharing situation in the band, we seek interference only to the extent that they conform to comment on whether extending the criteria stated in ITU–R Recommendation the receiving earth station, various receiving earth protection to ubiquitously deployed BO.1213–1. 47 CFR 25.224(a). station interference parameters and criteria, earth stations in yet another service 62 17/24 GHz Ground Path Report and Order, 32 receiving earth station physical characteristics, FCC Rcd at 3710–11, paragraphs 15–17, and 47 CFR reference bandwidth and permissible interference could unduly constrain incumbent 25.203(m)(1). The ITU methodologies are described power levels. users. Commenters should discuss any in section 2–3 to Annex 5 of Appendix 7 of the ITU 63 47 CFR 25.203(m)(1). These parameters were consequences that may unduly Radio Regulations and define techniques for adopted in the 17/24 GHz Ground Path Report and constrain incumbent services as well as calculating a coordination area around a Order, 32 FCC Rcd at 3710–11, paragraphs 15–17, transmitting earth station. The methodologies make as Table 9b of Annex 7 to Appendix 7 did not any benefits of allowing non-protected use of additional parameters defined in Table 9b to include all the values necessary to make the blanket licensed earth stations in the Annex 7, which includes the modulation type of required calculations. 17.3–17.8 GHz band.

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7671

In its comments AT&T asserts that we modify the definition of a two-degree Ka-band 65 and those bands where FSS should make clear that any use of the compliant space station in § 25.103 to use is limited solely to MSS feeder 17.3–17.7 GHz band for FSS downlinks include FSS satellites transmitting in links.66 We seek comment on this would be limited to fixed earth stations. the 17.3–17.8 GHz band. In addition, we proposal. In reply, SES argues that the propose to modify § 25.114 to identify Routine License Application Commission should decline to prejudge 17.3–17.8 GHz space-to-Earth FSS Processing Criteria for Extended Ka- this issue at the Notice stage, but rather applicants alongside information band Earth Stations. Our current rules should invite comment on the range of requirements applicable to such contain no provisions to afford services that can effectively be provided applications, specifically in ‘‘routine’’ license application processing by FSS in the band while remaining § 25.114(d)(7), (15) and (18). We to earth stations seeking to operate in consistent with reasonable requirements similarly propose to modify § 25.115(e) extended Ka-band frequencies.67 We to protect incumbent 17/24 GHz BSS to identify the information required for propose to extend the routine license and DBS operations. While receiving receiving earth station applicants in this application processing criteria for FSS earth stations in the 17.3–17.8 GHz band. Finally, we modify conventional Ka-band earth stations band should not pose an interference § 25.117(d)(2)(v) to permit 17.3–17.8 contained in § 25.218(i) to extended Ka- threat to incumbent DBS, 17/24 GHz GHz FSS operators to modify certain band earth stations communicating with BSS, or fixed service operations in the restrictions that might be associated GSO space stations. We propose band, ESIMs could unduly constrain with their licenses according to the modifications to § 25.218(a) and (j) incumbent services if there is a same procedures afforded to 17/24 GHz consistent with this approach. Routine requirement to protect receiving ESIM BSS operators. We seek comment on license application processing criteria stations in the band. these and any other needed rule with respect to off-axis EIRP density At this time, we do not propose to changes. limits specified in the rules will amend § 25.202(a)(8) or (10) of our rules Radio Astronomy. We note that expedite processing of earth station to permit operation of ESIMs in the current Part 25 rules include some rules applications for these bands and are 17.3–17.8 GHz band. We ask, however, to coordinate with radio astronomy in consistent with our earlier decision to whether such a modification could various bands. Section 25.203(f), for adopt such routine processing limits for increase FSS operators’ flexibility to use example, requires any applicant for a space station transmissions in the the band more efficiently, while still transmitting earth station in the vicinity extended C- and Ku-bands. We seek protecting and allowing sufficient of certain radio astronomy observatory comment on this proposal.68 flexibility for the operations of sites, including Green Bank, West In addition, § 25.212(e) affords an incumbent services. If so, what other Virginia, to notify the National Radio alternative approach to routine license modifications to our rules might be Astronomy Observatory. We seek application processing of FSS earth required to permit operation of ESIMs comment on whether there is a need for stations transmitting to GSO satellites in while protecting incumbent services any measures, other than those in the the conventional Ka-band that permits and not imposing any undue constraints current rules, that the Commission such applicants to demonstrate on their current and future operations in should consider with respect to radio compliance with off-axis gain and the band. The U.S. Table now includes astronomy in the adjacent 17.2–17.3 accompanying input power density footnotes in certain frequency bands GHz band. levels. Accordingly, we propose to that expressly preclude ESIMs from Defining the Extended Ka-Band and extend this approach to earth station claiming protection from the Creating Rules for Routine License applicants seeking to operate in the transmissions of non-Federal stations in Application Processing in This Band extended Ka-bands by modifying the fixed service.64 Would it be § 25.212(e) and (h) 69 to permit such reasonable, for example, to allow ESIMs In the Part 25 Second Report and applicants to similarly demonstrate to receive FSS transmissions in the band Order, the Commission adopted compliance with the off-axis gain if they were similarly denied protection definitions for conventional and requirements in § 25.209(a) and (b) from co-frequency DBS feeder link extended C-bands, conventional and combined with an input power density transmissions? We seek comment on extended Ku-bands and the limit of 3.5 dBW/MHz. We also propose this possibility, and on any conventional Ka-band. At the same time, the Commission extended routine consequences that may result to 65 The conventional Ka-band includes the 18.3– licensing processing criteria with incumbent services. Commenter should 18.8 GHz (space-to-Earth), 19.7–20.2 GHz (space-to- respect to off-axis EIRP density limits Earth), 28.35–28.6 GHz (Earth-to-space), and 29.25– discuss any benefits and costs of for conventional C- and Ku-band earth 30.0 GHz (Earth-to-space) frequency bands. allowing ESIMs, including 66 stations in § 25.218 to earth station These include the 19.4–19.6 GHz (space-to- consequences affecting current and Earth) and 29.1–29.25 GHz (Earth-to-space) operations in the extended C- and Ku- future use of the band by the incumbent frequency bands. bands. Although at that time the 67 satellite and fixed services. See 47 CFR 25.218 (allowing certain earth Finally, we ask whether there are any Commission neither defined the station applications to be ‘‘routinely’’ processed in extended Ka-band nor extended routine certain frequency bands if the applicant certifies other measures we should adopt in this that the aggregate off-axis EIRP density will not proceeding to protect FSS receiving licensing processing criteria to any such exceed the off-axis EIRP density limits specified in earth stations from DBS feeder link frequencies, we propose to do so now. this rule). Definition of Extended Ka-band. We 68 transmissions in the 17.3–17.8 GHz We note that nothing in this ‘‘routine’’ license propose to define the extended Ka-band application process proposal should be construed band. in § 25.103 as 17.3–18.3 GHz (space-to- as affecting or modifying any other applicable rules and obligations, including for example the criteria Other Proposed Rule Changes Earth), 18.8–19.4 GHz (space-to-Earth), in Section 25.136 governing earth station siting Various conforming modifications to 19.6–19.7 GHz (space-to-Earth), 27.5– rules applicable to FSS earth stations in the 27.5– our rules are required as a result of the 28.35 GHz (Earth-to-space) and 28.6– 28.35 GHz band. See 47 CFR 25.136. 29.1 GHz, (Earth-to-space). These are 69 47 CFR 25.212(h). This section addresses an changes proposed above. We propose to alternative rules section for earth station frequency bands that include either applications that do not qualify for routine 64 See e.g., 47 CFR 2.106, nn. NG457A and primary or secondary allocations to the licensing. It requires a consequential modification NG527A. GSO FSS, apart from the conventional to include reference to the extended Ka-band.

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 7672 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules

modifications to § 25.209(a) and (b) to C. Description and Estimate of the total, 299 firms had annual receipts of extend the Ka-band off-axis antenna Number of Small Entities To Which the less than $25 million.80 Consequently, gain requirements across the full 27.5– Proposed Rules May Apply we estimate that the majority of satellite telecommunications providers are small 30 GHz band, and to reference these The RFA directs agencies to provide alternative routine license application entities. a description of, and, where feasible, an All Other Telecommunications. The processing requirements in § 25.115(g), estimate of, the number of small entities (k), and § 25.220(a). We seek comment ‘‘All Other Telecommunications’’ that may be affected by adoption of category is comprised of establishments on these proposals. 73 proposed rules. The RFA generally primarily engaged in providing Procedural Matters defines the term ‘‘small entity’’ as specialized telecommunications having the same meaning as the terms services, such as satellite tracking, Initial Regulatory Flexibility Analysis ‘‘small business,’’ ‘‘small organization,’’ communications telemetry, and radar and ‘‘small governmental 81 As required by the Regulatory station operation. This industry also jurisdiction.’’ 74 In addition, the term Flexibility Act (RFA),70 the Commission includes establishments primarily ‘‘small business’’ has the same meaning engaged in providing satellite terminal has prepared this Initial Regulatory as the term ‘‘small business concern’’ Flexibility Analysis (IRFA) of the stations and associated facilities under the Small Business Act.75 A small connected with one or more terrestrial possible significant economic impact on business concern is one which: (1) Is systems and capable of transmitting small entities by the policies and rules independently owned and operated; (2) telecommunications to, and receiving proposed in this Notice of Proposed is not dominant in its field of operation; telecommunications from, satellite Rulemaking (NPRM). We request and (3) satisfies any additional criteria systems.82 Establishments providing written public comments on this IRFA. established by the Small Business internet services or voice over internet Commenters must identify their Administration (SBA).76 Below, we protocol (VoIP) services via client- comments as responses to the IRFA and describe and estimate the number of supplied telecommunications must file the comments by the deadlines small entity licensees that may be connections are also included in this for comments on the NPRM provided affected by adoption of the proposed industry.83 The SBA has developed a above in section IV.B. The Commission rules. small business size standard for ‘‘All will send a copy of the NPRM, Satellite Telecommunications. This Other Telecommunications’’, which including this IRFA, to the Chief category comprises firms ‘‘primarily consists of all such firms with annual Counsel for Advocacy of the Small engaged in providing receipts of $35 million or less.84 For this Business Administration.71 In addition, telecommunications services to other category, U.S. Census Bureau data for summaries of the NPRM and IRFA will establishments in the 2012 show that there were 1,442 firms be published in the Federal Register.72 telecommunications and broadcasting that operated for the entire year.85 Of industries by forwarding and receiving those firms, a total of 1,400 had annual A. Need for, and Objectives of, the communications signals via a system of receipts less than $25 million and 15 Proposed Rules satellites or reselling satellite firms had annual receipts of $25 million telecommunications.’’ 77 Satellite to $49,999,999.86 Thus, the Commission The NPRM seeks comment on several telecommunications service providers estimates that the majority of ‘‘All Other proposals relating to the Commission’s include satellite and earth station Telecommunications’’ firms potentially allocation of frequency bands for use by operators. The category has a small affected by our action can be considered the Fixed-Satellite Service (FSS) and business size standard of $35 million or small. technical rules and policies for less in average annual receipts, under We anticipate that our proposed rule preventing harmful interference SBA rules.78 For this category, U.S. changes may have an impact on earth between stations operating in the Fixed- Census Bureau data for 2012 show that station and space station applicants and Satellite Service and stations operating there were a total of 333 firms that licensees. Space station applicants and in the Digital Broadcasting Satellite operated for the entire year.79 Of this licensees, however, rarely qualify under (DBS) Service and the Broadcasting- the definition of a small entity. Satellite Service (BSS). Adoption of the 73 5 U.S.C. 604(a)(3). proposed changes would, among other 74 5 U.S.C. 601(6). 517410&tid=ECNSIZE2012. EC1251SSSZ4&hidePreview=false&vintage=2012. things, permit the use of the 17.3–17.8 75 5 U.S.C. 601(3) (incorporating by reference the definition of ‘‘small business concern’’ in 15 U.S.C. 80 Id. The available U.S. Census Bureau data does GHz band in the space-to-Earth 632). Pursuant to the RFA, the statutory definition not provide a more precise estimate of the number direction by stations in the Fixed- of a small business applies ‘‘unless an agency, after of firms that meet the SBA size standard. Satellite Service. consultation with the Office of Advocacy of the 81 See U.S. Census Bureau, 2017 NAICS Small Business Administration and after Definition, ‘‘517919 All Other B. Legal Basis opportunity for public comment, establishes one or Telecommunications’’, https://www.census.gov/cgi- more definitions of such term which are bin/sssd/naics/naicsrch?input=517919&search= The proposed action is authorized appropriate to the activities of the agency and 2017+NAICS+Search&search=2017. publishes such definition(s) in the Federal 82 Id. under sections 4(i), 7(a), 303(c), 303(f), Register.’’ 5 U.S.C. 601(3). 83 Id. 303(g), and 303(r) of the 76 Small Business Act, 15 U.S.C. 632 (1996). 84 See 13 CFR 121.201, NAICS Code 517919. Communications Act of 1934, as 77 See U.S. Census Bureau, 2017 NAICS 85 See U.S. Census Bureau, 2012 Economic amended, 47 U.S.C. 154(i), 157(a), Definition, ‘‘517410 Satellite Telecommunications’’, Census of the United States, Table ID: 303(c), 303(f), 303(g), 303(r). https://www.census.gov/cgi-bin/sssd/naics/ EC1251SSSZ4, Information: Subject Series—Estab naicsrch?input=517410&search=2017+NAICS+ and Firm Size: Receipts Size of Firms for the U.S.: Search&search=2017. 2012, NAICS Code 517919, https://data.census.gov/ 78 70 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 See 13 CFR 121.201, NAICS Code 517410. cedsci/table?text=EC1251SSSZ4 79 &n=517919&tid=ECNSIZE2012.EC1251SSSZ4& et seq., has been amended by the Contract With See U.S. Census Bureau, 2012 Economic Census of the United States, Table ID: hidePreview=false. America Advancement Act of 1996, Public Law EC1251SSSZ4, Information: Subject Series—Estab 86 Id. The available U.S. Census Bureau data does 104–121, Title II, 110 Stat. 847 (1996) (CWAAA). and Firm Size: Receipts Size of Firms for the U.S.: not provide a more precise estimate of the number 71 See 5 U.S.C. 603(a). 2012, NAICS Code 517410, https://data.census.gov/ of firms that meet the SBA size standard of annual 72 Id. cedsci/table?text=EC1251SSSZ4&n= receipts of $35 million or less.

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7673

Generally, space stations cost hundreds The NPRM seeks comment from all this Notice of Proposed Rulemaking, of millions of dollars to construct, interested parties. The Commission is including the initial regulatory launch, and operate. Consequently, we aware that some of the proposals under flexibility analysis, to the Chief Counsel do not anticipate that any space station consideration may impact small entities. for Advocacy of the Small Business operators are small entities that would Small entities are encouraged to bring to Administration, in accordance with be affected by our proposed actions. the Commission’s attention any specific Section 603(a) of the Regulatory concerns they may have with the Flexibility Act, 5 U.S.C. 601 et seq. D. Description of Projected Reporting, proposals outlined in the NPRM. Recordkeeping, and Other Compliance The Commission expects to consider List of Subjects Requirements for Small Entities the economic impact on small entities, 47 CFR Part 2 The NPRM proposes and seeks as identified in comments filed in Radio, Table of frequency allocations. comment on several rule changes that response to the NPRM, in reaching its would affect compliance requirements final conclusions and taking action in 47 CFR Part 25 for space station operators. As noted this proceeding. In this NPRM, the Commission invites Administrative practice and above, these parties rarely qualify as procedure, Earth stations, Satellites. small entities. comment on adding an allocation in the For example, we propose to allow 17.3–17.8 GHz band to permit the use of Federal Communications Commission. additional uses of the 17.3–17.8 GHz the band by the Fixed-Satellite Service Marlene Dortch, band, subject to compliance with in the space-to-Earth direction, along Secretary. with technical rules to prevent harmful technical limits designed to protect Proposed Rules other users of the bands. interference between the FSS, DBS, and In total, the proposals and questions BSS. Overall, the proposals in the For the reasons discussed in the in the NPRM are designed to achieve the NPRM seek to increase the use of the preamble, the Federal Communications Commission’s mandate to regulate in 17.3–17.8 GHz band by satellite services Commission proposes to amend 47 CFR the public interest while imposing the while maintaining adequate protections parts 2 and 25, as follows: lowest necessary burden on all affected against interference. PART 2—FREQUENCY ALLOCATIONS parties, including small entities. F. Federal Rules That May Duplicate, AND RADIO TREATY MATTERS; E. Steps Taken To Minimize Significant Overlap, or Conflict With the Proposed GENERAL RULES AND REGULATIONS Economic Impact on Small Entities, and Rules Significant Alternatives Considered None. ■ 1. The authority citation for part 2 Ordering clauses continues to read as follows: The RFA requires an agency to Accordingly, it is ordered that, describe any significant, specifically Authority: 47 U.S.C. 154, 302a, 303, and pursuant to Sections 4(i), 7(a), 303(c), 336, unless otherwise noted. small business, alternatives that it has 303(f), 303(g), and 303(r) of the considered in reaching its proposed Communications Act of 1934, as ■ 2. Section 2.106, the Table of approach, which may include the amended, 47 U.S.C. 154(i), 157(a), Frequency Allocations, is amended as following four alternatives (among 303(c), 303(f), 303(g), 303(r), this Notice follows: others): ‘‘(1) the establishment of of Proposed Rulemaking is hereby ■ a. Revise page 52; differing compliance or reporting adopted. ■ b. In the list of United States (US) requirements or timetables that take into It is further ordered that the Petition Footnotes, remove footnote US271 and account the resources available to small for Rulemaking filed by SES in the revise footnote US402; and entities; (2) the clarification, Commission’s rulemaking proceeding ■ c. In the list of Non-Federal consolidation, or simplification of RM–11839 is granted to the extent Government (NG) Footnotes, add compliance and reporting requirements specified herein, that RM–11839 is footnote NG58 and remove footnote under the rules for such small entities; incorporated into this proceeding, IB NG163. (3) the use of performance rather than Docket No. 20–330, and that RM–11839 The additions and revisions read as design standards; and (4) an exemption is terminated. follows: from coverage of the rule, or any part It is further ordered that the thereof, for such small entities.’’ 87 Commission’s Consumer and § 2.106 Table of Frequency Allocations. Governmental Affairs Bureau, Reference * * * * * 87 5 U.S.C. 603(c)(1)–(4). Information Center will send a copy of BILLING CODE 6712–01–P

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 7674 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules

BILLING CODE 6712–01–C

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 EP01FE21.000 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7675

* * * * * (space-to-Earth), 19.6–19.7 GHz (space- BSS satellite networks or FSS satellite to-Earth), 27.5–28.35 GHz (Earth-to- networks with space stations United States (US) Footnotes space), and 28.6–29.1 GHz (Earth-to- transmitting in the 17.3–17.8 GHz band * * * * * space) FSS frequency bands. that are located up to ±6° away. US402 In the band 17.3–17.7 GHz, * * * * * Excesses of more than 3 dB above the existing Federal satellites and associated Two-degree-compliant space station. applicable power flux density levels earth stations in the fixed-satellite A GSO FSS space station operating in specified in § 25.140(a)(3)(iii) or (b)(3), service (Earth-to-space) are authorized the conventional or extended C-bands, must also be coordinated with 17/24 to operate on a primary basis in the the conventional or extended Ku-bands, GHz BSS satellite networks located up frequency bands and areas listed below. the 24.75–25.25 GHz band, or the to ±10° away. Non-Federal receiving earth stations in conventional or extended Ka-bands (iii) Any information required by the broadcasting-satellite and fixed- within the limits on downlink EIRP § 25.264(a)(6), (b)(4), or (d). satellite services within the bands and density or PFD specified in * * * * * areas listed below shall not claim § 25.140(a)(3) or (b)(3) and (18) For space stations in the Direct protection from Federal earth stations in communicating only with earth stations Broadcast Satellite service, the 17/24 the fixed-satellite service. operating in conformance with routine GHz Broadcasting-Satellite Service, or (a) 17.600–17.700 GHz for stations uplink parameters specified in FSS space stations transmitting in the within a 120 km radius of 38°49′ N ° ′ § 25.211(d), § 25.212(c), (d), or (f), or 17.3–17.8 GHz band, maximum orbital latitude and 76 52 W longitude. § 25.218. eccentricity. (b) 17.375–17.475 GHz for stations ■ 6. Amend § 25.115 by revising within a 160 km radius of 39°42′ N * * * * * ■ paragraphs (e), (g) and (k)(1) to read as latitude and 104°45′ W longitude. 5. Amend § 25.114 by revising paragraphs (d)(7), (15) and (18) to read follows: * * * * * as follows: § 25.115 Applications for earth station Non-Federal Government (NG) authorizations. Footnotes § 25.114 Applications for space station authorizations. * * * * * * * * * * * * * * * (e) GSO FSS earth stations in 17.3–30 NG58 In the band 17.3–17.8 GHz, the (d) * * * GHz. (1) An application for a GSO FSS following provisions shall apply to the (7) Applicants for authorizations for earth station license in the 17.3–19.4 broadcasting-satellite and fixed-satellite space stations in the Fixed-Satellite GHz, 19.6–20.2 GHz, 27.5–29.1 GHz, or services: Service, including applicants proposing 29.25–30 GHz bands not filed on FCC (a) The use of the band 17.3–17.8 GHz feeder links for space stations operating Form 312EZ pursuant to paragraph by the broadcasting-satellite and fixed- in the 17/24 GHz Broadcasting-Satellite (a)(2) of this section must be filed on satellite (space-to-Earth) services is Service, must also include the FCC Form 312, Main Form and limited to geostationary satellites. information specified in § 25.140(a). Schedule B, and must include any (b) The use of the 17.7–17.8 GHz band Applicants for authorizations for space information required by paragraphs by the broadcasting-satellite service is stations in the 17/24 GHz Broadcasting- (a)(5) through (10) or (g) or (j) of this limited to receiving earth stations Satellite Service or applicants seeking section. located outside of the United States and authorization for FSS space stations (2) Individual or blanket license its insular areas. transmitting in the 17.3–17.8 GHz band applications may be filed for operation (c) The use of the band 17.3–17.8 GHz (space-to-Earth), must also include the in the 17.3–17.8 GHz band; however, by the fixed-satellite service (Earth-to- information specified in § 25.140(b); blanket licensed earth stations shall space) is limited to feeder links for * * * * * operate on an unprotected basis with broadcasting-satellite service. respect to DBS feeder link earth stations. (d) Earth stations in the fixed-satellite (15) Each applicant for a space station license in the 17/24 GHz Broadcasting- All receiving FSS earth stations shall service (space-to-Earth) in the 17.7–17.8 operate on an unprotected basis with GHz band shall not claim protection Satellite Service or the FSS transmitting in the 17.3–17.8 GHz band, shall respect to the Fixed Service in the 17.7– from stations in the fixed service that 17.8 GHz band. operate in that band. include the following information as an attachment to its application: * * * * * * * * * * (i) If the applicant proposes to operate (g) Applications for earth stations that PART 25—SATELLITE in the 17.3–17.8 GHz band, a will transmit to GSO space stations in COMMUNICATIONS demonstration that the proposed space any portion of the 5850–6725 MHz, station will comply with the applicable 13.75–14.5 GHz, 24.75–25.25 GHz, ■ 3. The authority citation for part 25 power flux density limits in 27.5–29.1 GHz, or 29.25–30.0 GHz continues to read as follows: § 25.140(a)(3)(iii) or (b)(3) unless the bands must include, in addition to the Authority: 47 U.S.C. 154, 301, 302, 303, applicant provides a certification under particulars of operation identified on 307, 309, 310, 319, 332, 605, and 721 unless paragraph (d)(15)(ii) of this section. FCC Form 312 and associated Schedule otherwise noted. (ii) In cases where the proposed space B, the information specified in either paragraph (g)(1) or (2) of this section for ■ 4. Amend § 25.103 by adding, in station will not comply with the each earth station antenna type. alphabetical order, a definition for applicable power flux density limits set ‘‘Extended Ka-Band’’ and revising the forth in § 25.140(a)(3)(iii) or (b)(3), the * * * * * definition of ‘‘Two-degree-compliant applicant will be required to provide a (k)(1) Applicants for FSS earth space station’’ to read as follows: certification that all potentially affected stations that qualify for routine parties acknowledge and do not object processing in the conventional or § 25.103 Definitions. to the use of the applicant’s higher extended C-bands, the conventional or * * * * * power flux densities. The affected extended Ku-bands, the conventional or Extended Ka-band. The 17.3–18.3 parties with whom the applicant must extended Ka-bands, or the 24.75–25.25 GHz (space-to-Earth), 18.8–19.4 GHz coordinate are those GSO 17/24 GHz GHz band, including ESV applications

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 7676 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules

filed pursuant to paragraph (m)(1) or links for space stations operating in the (3) An applicant for a license to (n)(1) of this section, VMES applications 17/24 GHz BSS, that will be located at operate a 17/24 GHz BSS space station filed pursuant to paragraph (m)(1) or an orbital location less than two degrees transmitting in the 17.3–17.8 GHz band (n)(1) of this section, and ESAA from the assigned location of an must certify that the downlink power applications filed pursuant to paragraph authorized co-frequency GSO space flux density on the Earth’s surface will (m)(1) or (n)(1) of this section, may station, must either certify that the not exceed the regional power flux designate the Permitted Space Station proposed operation has been density limits given in paragraphs List as a point of communication. Once coordinated with the operator of the co- (b)(3)(i) through (iv) of this section, or such an application is granted, the earth frequency space station or submit an must provide the certification specified station operator may communicate with interference analysis demonstrating the in § 25.114(d)(15)(ii): any space station on the Permitted compatibility of the proposed system (i) In the region of the contiguous Space Station List, provided that the with the co-frequency space station. United States, located south of 38° operation is consistent with the Such an analysis must include, for each North Latitude and east of 100° West technical parameters and conditions in type of radio frequency carrier, the link Longitude: ¥115 dBW/m2/MHz. the earth station license and any noise budget, modulation parameters, (ii) In the region of the contiguous limitations placed on the space station and overall link performance analysis. United States, located north of 38° authorization or noted in the Permitted (See Appendices B and C to Licensing North Latitude and east of 100° West Space Station List. of Space Stations in the Domestic Fixed- Longitude: ¥118 dBW/m2/MHz. (2) Notwithstanding paragraph (k)(1) Satellite Service, FCC 83–184, and the (iii) In the region of the contiguous of this section, an earth station that following public notices, copies of United States, located west of 100° West would receive signals in the 17.7–20.2 which are available in the Commission’s Longitude: ¥121 dBW/m2/MHz. GHz band may not communicate with a EDOCS database, available at https:// (iv) For all regions outside of the space station on the Permitted Space www.fcc.gov/edocs: DA 03–3863 and contiguous United States including Station List in that band until the space DA 04–1708.) The provisions in this Alaska and Hawaii: ¥115 dBW/m2/ station operator has completed paragraph do not apply to proposed MHz. coordination under Footnote US334 to analog video operation, which is subject (4) Except among applicants for FSS § 2.106 of this chapter. to the requirement in paragraph (a)(1) of space-to-Earth transmissions in the * * * * * this section. Proposed GSO FSS space- 17.3–17.8 GHz band, where the ■ 7. Amend § 25.117 by revising to-Earth transmissions in the 17.3–17.8 requirements of paragraph (a)(2) of this paragraph (d)(2)(v) to read as follows: GHz band are subject to the section apply, a 17/24 GHz BSS or FSS requirements of paragraphs (b)(4) and applicant for a space station § 25.117 Modification of station license. (5) of this section with respect to transmitting in the 17.3–17.8 GHz band * * * * * possible interference into 17/24 GHz to be located less than four degrees from (d) * * * BSS networks. Proposed GSO FSS a previously authorized or proposed (2) * * * space-to-Earth transmissions in the space station transmitting in the 17.3– (v) Any operator of a space station 17.3–17.8 GHz band are subject to the 17.8 GHz band, must either certify that transmitting in the 17.3–17.8 GHz band, requirements of § 25.264 with respect to the proposed operation has been whose license is conditioned to operate possible interference to the reception of coordinated with the operator of the co- at less than the power level otherwise DBS feeder link transmissions (Earth-to- frequency space station or provide an permitted by § 25.140(a)(3)(iii) and/or space) in this band. interference analysis of the kind (b)(3), and is conditioned to accept (3) * * * described in paragraph (a) of this interference from a neighboring 17/24 (iii) With respect to proposed section, except that the applicant must GHz BSS space station, may file a operation in the conventional or demonstrate that its proposed network modification application to remove extended Ka-bands, a certification that will not cause more interference to the those two conditions in the event that the proposed space station will not adjacent space station transmitting in the license for that neighboring space generate power flux density at the the 17.3–17.8 GHz band operating in station is cancelled or surrendered. In Earth’s surface in excess of the limits in compliance with the technical the event that two or more such paragraphs (a)(iii)(A) and (B) of this requirements of this part, than if the modification applications are filed, and section, and that associated uplink applicant were located at an orbital those applications are mutually operation will not exceed applicable separation of four degrees from the exclusive, the modification applications EIRP density envelopes in § 25.218(i) previously licensed or proposed space will be considered on a first-come, first- unless the non-routine uplink and/or station. served basis pursuant to the procedure downlink operation is coordinated with (5) In addition to the requirements of set forth in § 25.158. operators of authorized co-frequency paragraphs (b)(3) and (4) of this section, * * * * * space stations at assigned locations the link budget for any satellite ■ 8. Amend § 25.140 by revising within six degrees of the orbital location transmitting in the 17.3–17.8 GHz band paragraphs (a)(2), (a)(3)(iii), (b)(3) and except as provided in paragraph (d) (space-to-Earth) must take into account through (5), and (d) introductory text to of this section. longitudinal station-keeping tolerances. read as follows: (A) ¥118 dBW/m2/MHz, except as Any applicant for a space station § 25.140 Further requirements for license provided in paragraph (a)(iii)(B) of this transmitting in the 17.3–17.8 GHz band applications for GSO space station section. that has reached a coordination operation in the FSS and the 17/24 GHz (B) For space-to-Earth FSS agreement with an operator of another BSS. transmissions in the 17.3–18.8 GHz space station to allow that operator to (a) * * * band in the region of the contiguous exceed the pfd levels specified in (2) In addition to the information United States, located west of 100 West § 25.140(a)(3)(iii) or (b)(3), must use required by § 25.114, an applicant for Longitude: ¥121 dBW/m2/MHz. those higher pfd levels for the purpose GSO FSS space station operation, * * * * * of this showing. including applicants proposing feeder (b) * * * * * * * *

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7677

(d) An operator of a GSO FSS space relieved of the obligation to coordinate § 25.203 Choice of sites and frequencies. station in the conventional or extended such levels with later applicants and * * * * * C-bands, conventional or extended Ku- petitioners. (m) * * * bands, 24.75–25.25 GHz band (Earth-to- * * * * * space), or conventional or extended Ka- ■ 9. Amend § 25.203 by revising Table (1) * * * bands may notify the Commission of its 1 to paragraph (m)(1) and paragraph BILLING CODE 6712–01–P non-routine transmission levels and be (m)(3) to read as follows:

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 7678 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4725 E:\FR\FM\01FEP1.SGM 01FEP1 EP01FE21.001 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7679

BILLING CODE 6712–01–C the 24.75–25.25 GHz or 27.5–30 GHz of conformance with the antenna gain * * * * * bands: performance requirements in § 25.209(a) (3) Each applicant for such new or * * * * * and (b). modified feeder-link earth stations shall (2) In the plane perpendicular to the * * * * * file with its application memoranda of GSO arc, for earth stations not operating (h) Applications for authority for coordination with each co-frequency in the 24.75–25.25 GHz or 27.5–30 GHz fixed earth station operation in the licensee authorized to construct BSS bands: conventional C-band, the extended C- receive earth stations or an individually * * * * * band, the conventional Ku-band, the licensed FSS receive earth station (3) In the plane tangent to the GSO arc extended Ku-band, the conventional Ka- within the coordination zone. Feeder or in the plane perpendicular to the band or the extended Ka-band that do link earth station applicants are not GSO arc, for earth stations operating in not qualify for routine processing under required to complete coordination with the 24.75–25.25 GHz or 27.5–30 GHz relevant criteria in this § 25.211 or blanket-licensed receiving FSS earth bands: 25.218 are subject to the requirements in stations in the 17.3–17.8 GHz band. * * * * * § 25.220. * * * * * ■ 12. Amend § 25.210 by revising ■ 14. Amend § 25.218 by: paragraph (f) to read as follows: ■ a. Revising paragraph (a); § 25.208 [Amended] ■ b. Adding a heading for paragraph (b); ■ 10. Amend § 25.208 by removing and § 25.210 Technical requirements for space ■ c. Revising paragraphs (i) and (j). stations. reserving paragraph (w). The revisions and addition read as ■ 11. Amend § 25.209 by revising the * * * * * follows: introductory text of paragraphs (a)(1), (f) All space stations in the Fixed- (3) and (4), and (6), and (b)(1) through Satellite Service operating in any § 25.218 Off-axis EIRP density envelopes for FSS earth stations transmitting in (3) to read as follows: portion of the 3600–4200 MHz, 5091– 5250 MHz, 5850–7025 MHz, 10.7–12.7 certain frequency bands. § 25.209 Earth station antenna GHz, 12.75–13.25 GHz, 13.75–14.5 GHz, (a) Applicability. This section applies performance standards. 15.43–15.63 GHz, 17.3–17.8 GHz (space- to applications for fixed and temporary- (a) * * * to-Earth), 18.3–20.2 GHz, 24.75–25.25 fixed FSS earth stations transmitting to (1) In the plane tangent to the GSO GHz, or 27.5–30.0 GHz bands, including geostationary space stations in the arc, as defined in § 25.103, for earth feeder links for other space services, and conventional C-band, extended C-band, stations not operating in the in the Broadcasting-Satellite Service in conventional Ku-band, extended Ku- conventional Ku-band, the 24.75–25.25 the 17.3–17.8 GHz band (space-to- band, conventional Ka-band, extended GHz band, or the 27.5–30 GHz band: Earth), shall employ state-of-the-art full Ka-band, or 24.75–25.25 GHz, and frequency reuse, either through the use * * * * * applications for ESIMs transmitting in of orthogonal polarizations within the the conventional C-band, conventional (3) In the plane tangent to the GSO same beam and/or the use of spatially Ku-band, conventional Ka-band, except arc, for earth stations operating in the independent beams. This requirement for applications proposing transmission 24.75–25.25 GHz or 27.5–30 GHz bands: does not apply to telemetry, tracking, of analog command signals at a band * * * * * and command operation. edge with bandwidths greater than 1 (4) In the plane perpendicular to the * * * * * MHz or transmission of any other type GSO arc, as defined in § 25.103, for ■ 13. Amend § 25.212 by revising of analog signal with bandwidths greater earth stations not operating in the paragraphs (e) and (h) to read as follows: than 200 kHz. conventional Ku-band, the 24.75–25.25 (b) Routine Processing. *** GHz band, or the 27.5–30 GHz band: § 25.212 Narrowband analog transmissions and digital transmissions in * * * * * * * * * * the GSO FSS. (i) Digital earth station operation in (6) In the plane perpendicular to the * * * * * the conventional or extended Ka-band. GSO arc, for earth stations operating in (e) An earth station may be routinely (1) For co-polarized transmissions in the the 24.75–25.25 GHz or 27.5–30 GHz licensed for digital transmission in the plane tangent to the GSO arc: bands: conventional or extended Ka-bands if * * * * * * * * * * the input power spectral density into (j) Non-Qualifying Applications. (b) * * * the antenna will not exceed 3.5 dBW/ Applications for authority for fixed (1) In the plane tangent to the GSO MHz and the application includes earth station operation in the arc, for earth stations not operating in certification pursuant to § 25.132(a)(1) conventional C-band, extended C-band,

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 EP01FE21.002 7680 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules

conventional Ku-band, extended Ku- coordinating with any future co- through the satellite and the center of band, conventional Ka-band, extended frequency licensees and permittees of a the Earth, with the positive direction Ka-band, or 24.75–25.25 GHz, that do space station transmitting in the 17.3– pointing toward the Earth, the applicant not qualify for routine processing under 17.8 GHz band as required in or licensee must provide the predicted relevant criteria in this section, § 25.211, § 25.114(d)(15)(ii). transmitting antenna off-axis antenna or § 25.212 are subject to the (c) If no good faith agreement can be gain information: requirements in § 25.220. reached, the operator of the FSS space (1) In the X–Z plane, i.e., the plane of ■ 15. Amend § 25.220 by revising station transmitting in the 17.3–17.8 the geostationary orbit, over a range of paragraph (a) to read as follows: GHz band that does not comply with ±10 degrees from the positive and § 25.140(a)(3)(iii) or the operator of the negative X axes in increments of 5 § 25.220 Non-routine transmit/receive 17/24 GHz BSS space station that does degrees or less. earth station operations. not comply with § 25.140(b)(3), shall (2) In planes rotated from the X–Z (a) The requirements in this section reduce its power flux-density levels to plane about the Z axis, over a range of apply to applications for, and operation be compliant with those specified in ±20 degrees relative to the equatorial of, earth stations transmitting in the §§ 25.140(a)(3)(iii) and/or 25.140(b)(3) plane, in increments of 10 degrees or conventional or extended C-bands, the as appropriate. less. conventional or extended Ku-bands, or (d) Any U.S. licensee or permittee of * * * * * the conventional or extended Ka-bands a space station transmitting in the 17.3– that do not qualify for routine licensing (6) The predictive gain information 17.8 GHz band that is required to must be submitted to the Commission under relevant criteria in §§ 25.211, provide information in its application 25.212, or 25.218. for each license application that is filed pursuant to § 25.140(a)(2) or (b)(4) must for a space station transmitting in any * * * * * accept any increased interference that portion of the 17.3–18.8 GHz band no ■ 16. Revise § 25.262 to read as follows: may result from adjacent space stations later than two years after license grant transmitting in the 17.3–17.8 GHz band for the space station. § 25.262 Licensing and domestic that are operating in compliance with coordination requirements for 17/24 GHz (b) A space station applicant or BSS space stations and FSS space stations the rules for such space stations licensee transmitting in any portion of transmitting in the 17.3–17.8 GHz band. specified in §§ 25.140(a) and (b), the 17.3–17.8 GHz band must submit (a) A 17/24 GHz BSS or FSS applicant 25.202(a)(9), and (e) through (g), power flux density (pfd) calculations seeking to transmit in the 17.3–17.8 GHz 25.210(i) through (j), 25.224, 25.262, based on the predicted gain data band may be authorized to operate a 25.264(h), and 25.273(a)(3). submitted in accordance with paragraph (e) Notwithstanding the provisions of space station at levels up to the (a) of this section, as follows: this sections, licensees and permittees maximum power flux density limits (1) * * * will be allowed to apply for a license or defined below without coordinating its (2) The calculations must take into authorization for a replacement satellite power flux density levels with adjacent account the aggregate pfd levels at the that will be operated at the same power licensed or permitted operators, as DBS receiver at each measurement level and interference protection as the follows: frequency arising from all antenna satellite to be replaced. beams on the space station transmitting (i) For 17/24 GHz BSS applicants, up ■ 17. Amend § 25.264 by revising the in the 17.3–17.8 GHz band. They must to the power flux density levels section heading and paragraphs (a) also take into account the maximum specified in § 25.140(b)(3) only if there introductory text, (a)(1) and (2), and (6), permitted longitudinal station-keeping is no licensed space station, or prior- (b) introductory text, (b)(2) introductory tolerance, orbital inclination and orbital filed application for a space station text, (b)(2)(ii), (b)(3) and (4), (c), (d) eccentricity of both the space station transmitting in the 17.3–17.8 GHz band introductory text, (d)(1)(ii), (d)(2) transmitting in the 17.3–17.8 GHz band at a location less than four degrees from introductory text, (e) introductory text, and DBS space stations, and must: the orbital location at which the (e)(1) introductory text, (e)(2) (i) * * * applicant proposes to operate; and introductory text, (e)(3), (f) introductory (ii) For FSS space station applicants (ii) Indicate the extent to which the text, (f)(2), (g), (h) introductory text, and transmitting in the 17.3–17.8 GHz band, calculated pfd of the space station’s (i) introductory text to read as follows: up to the maximum power flux density transmissions in the 17.3–17.8 GHz levels in § 25.140(a)(3)(iii), only if there § 25.264 Requirements to facilitate band exceed the threshold pfd level of is no licensed 17/24 GHz BSS space reverse-band operation in the 17.3–17.8 ¥117 dBW/m2/100 kHz at those prior- station, or prior-filed application for a GHz Band. filed U.S. DBS space station locations. 17/24 GHz BSS space station, at a (a) Each applicant or licensee for a (3) If the calculated pfd exceeds the location less than four degrees from the space station transmitting in the 17.3– threshold level of ¥117 dBW/m2/100 orbital location at which the FSS 17.8 GHz band must submit a series of kHz at the location of any prior-filed applicant proposes to operate, and there tables or graphs containing predicted U.S. DBS space station, the applicant or is no licensed FSS space station, or off-axis gain data for each antenna that licensee must also provide with the pfd prior-filed application for an FSS space will transmit in any portion of the 17.3– calculations a certification that all station transmitting in the 17.3–17.8 17.8 GHz band, in accordance with the affected DBS operators acknowledge GHz band, at a location less than two following specifications. Using a and do not object to such higher off-axis degrees from the orbital location at Cartesian coordinate system wherein the pfd levels. No such certification is which the applicant proposes to X axis is tangent to the geostationary required in cases where the frequencies operate. orbital arc with the positive direction assigned to the DBS and to the space (b) Any U.S. licensee or permittee pointing east, i.e., in the direction of station transmitting in the 17.3–17.8 authorized to transmit in the 17.3–17.8 travel of the satellite; the Y axis is GHz band do not overlap. GHz band that does not comply with the parallel to a line passing through the (4) The information and any applicable power flux-density limits set geographic north and south poles of the certification required by paragraph (b) of forth in §§ 25.140(a)(3)(iii) and/or Earth, with the positive direction this section must be submitted to the 25.140(b)(3) shall bear the burden of pointing south; and the Z axis passes Commission for each license application

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7681

that is filed for a space station (e) If the aggregate pfd level calculated listed below. When the geostationary transmitting in any portion of the 17.3– from the measured data submitted in orbit of the DBS space station exceeds 17.8 GHz band no later than two years accordance with paragraph (d) of this these bounds on inclination and after license grant for the space station. section is in excess of the threshold pfd eccentricity, it may not claim protection (c) No later than two months prior to level of ¥117 dBW/m2/100 kHz: from any additional space path launch, each licensee of a space station (1) At the location of any prior-filed interference arising as a result of its transmitting in any portion of the 17.3– U.S. DBS space station as defined in inclined or eccentric operations and 17.8 GHz band must update the paragraph (b)(1) of this section, then the may only claim protection as if it were predicted transmitting antenna off-axis operator of the space station operating within the bounds listed gain information provided in transmitting in any portion of the 17.3– below: accordance with paragraph (a) of this 17.8 GHz band must either: * * * * * section by submitting measured * * * * * [FR Doc. 2021–00047 Filed 1–29–21; 8:45 am] transmitting antenna off-axis gain (2) At the location of any BILLING CODE 6712–01–P information over the angular ranges, subsequently filed U.S. DBS space measurement frequencies and station as defined in paragraph (d)(1) of polarizations specified in paragraphs this section, where the aggregate pfd FEDERAL COMMUNICATIONS (a)(1) through (5) of this section. The level submitted in accordance with COMMISSION transmitting antenna off-axis gain paragraph (d) of this section is also in information should be measured under excess of the pfd level calculated on the 47 CFR Part 64 conditions as close to flight basis of the predicted data submitted in configuration as possible. [CG Docket Nos. 13–24, 03–123, and 10– accordance with paragraph (a) of this 51; FCC 20–132; FRS 17392] (d) No later than two months prior to section that were on file with the launch, or when applying for authority Commission at the time the DBS space Captioned Telephone Services Quality to change the location of a space station station application was filed, then the Metrics transmitting in any portion of the 17.3– operator of the space station 17.8 GHz band that is already in orbit, AGENCY: transmitting in the 17.3–17.8 GHz band Federal Communications each such space station licensee must must either: Commission. provide pfd calculations based on the ACTION: Proposed rule. measured off-axis gain data submitted in * * * * * accordance with paragraph (c) of this (3) No coordination or adjustment of SUMMARY: In this document, the Federal section, as follows: operating parameters is required in Communications Commission (FCC or (1) * * * cases where there is no overlap in Commission) proposes to amend the (ii) At the location of any frequencies assigned to the DBS and the mandatory minimum standards subsequently filed U.S. DBS space space station transmitting in the 17.3– applicable to internet Protocol station where the pfd level in the 17.3– 17.8 GH band. Captioned Telephone Service (IP CTS) 17.8 GHz band calculated on the basis (f) The applicant or licensee for the and Captioned Telephone Service (CTS) ¥ of measured gain data exceeds 117 space station transmitting in the 17.3– to include metrics for accuracy and dBW/m2/100 kHz. In this rule, the term 17.8 GHz band must modify its license, caption delay and to define how testing ‘‘subsequently filed U.S. DBS space or amend its application, as appropriate, and measurement of IP CTS and CTS station’’ refers to any co-frequency based upon new information: provider performance should be Direct Broadcast Satellite service space (1) * * * conducted. station proposed in a license application (2) If the operator of the space station filed with the Commission after the transmitting in the 17.3–17.8 GHz band DATES: Comments are due March 3, operator of a space station transmitting adjusts its operating parameters in 2021; reply comments are due April 2, in any portion of the 17.3–17.8 GHz accordance with paragraphs (e)(1)(ii) or 2021. band submitted the predicted data (e)(2)(ii) or this section. ADDRESSES: You may submit comments, required by paragraphs (a) through (b) of (g) Absent an explicit agreement identified by CG Docket Nos. 13–24, 03– this section but before submission of the between operators to permit more 123, and 10–51, by either of the measured data required by this closely spaced operations, U.S. following methods: paragraph. Subsequently filed U.S. DBS authorized 17/24 GHz BSS or FSS space • Electronic Filers: Comments may be space stations may include foreign- stations transmitting in the 17.3–17.8 filed electronically using the internet by licensed DBS space stations seeking GHz band and U.S. authorized DBS accessing the Commission’s Electronic authority to serve the United States space stations with co-frequency Filing System (ECFS): https:// market. The term does not include any assignments may not be licensed to www.fcc.gov/ecfs/filings. Filers should applications (or authorizations) that operate at locations separated by less follow the instructions provided on the have been denied, dismissed, or are than 0.5 degrees in orbital longitude. website for submitting comments. For otherwise no longer valid, nor does it (h) All operational space stations ECFS filers, in completing the include foreign-licensed DBS space transmitting in the 17.3–17.8 GHz band transmittal screen, filers should include stations that have not filed applications must be maintained in geostationary their full name, U.S. Postal service with the Commission for market access orbits that: mailing address, and CG Docket Nos. in the United States. * * * * * 13–24, 03–123, and 10–51. (2) The pfd calculations must take (i) U.S. authorized DBS networks may • Paper Filers: Parties who choose to into account the maximum permitted claim protection from space path file by paper must file an original and longitudinal station-keeping tolerance, interference arising from the reverse- one copy of each filing. If more than one orbital inclination and orbital band operations of U.S. authorized docket or rulemaking number appears in eccentricity of both the transmitting space stations transmitting in the 17.3– the caption of this proceeding, filers 17.3–17.8 GHz and DBS space stations, 17.8 GHz band to the extent that the must submit two additional copies for and must: DBS space station operates within the each additional docket or rulemaking * * * * * bounds of inclination and eccentricity number. Filings can be sent by hand or

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 7682 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules

messenger delivery, by commercial numbers where such data or arguments can speak but who has difficulty hearing overnight courier, or by first-class or can be found) in lieu of summarizing over the telephone to use a telephone overnight U.S. Postal Service mail. All them in the memorandum. Documents and an internet Protocol-enabled device filings must be addressed to the shown or given to Commission staff via the internet to simultaneously listen Commission’s Secretary, Office of the during ex parte meetings are deemed to to the other party and read captions of Secretary, Federal Communications be written ex parte presentations and what the other party is saying. CTS is Commission. must be filed consistent with another form of telephone captioning, For detailed instructions on § 1.1206(b). In proceedings governed by offered through state TRS programs, that submitting comments and additional § 1.49(f) or for which the Commission functions similarly to IP CTS but information on the rulemaking process, has made available a method of without using the internet for the see document FCC 20–132 at https:// electronic filing, written ex parte delivery of captions. docs.fcc.gov/public/attachments/FCC- presentations and memoranda 3. The Commission proposes to 20-132A1.pdf. summarizing oral ex parte amend the minimum TRS standards FOR FURTHER INFORMATION CONTACT: presentations, and all attachments applicable to CTS and IP CTS to provide William Wallace, Consumer and thereto, must be filed through the quantifiable, measurable benchmarks for Governmental Affairs Bureau, FCC, at electronic comment filing system caption delay and accuracy. The 202–418–2716, or William.Wallace@ available for that proceeding, and must Commission seeks comment on whether fcc.gov. be filed in their native format (e.g., .doc, it should modify any other minimum .xml, .ppt, searchable .pdf). Participants TRS standards to provide more specific SUPPLEMENTARY INFORMATION: This is a in this proceeding should familiarize service-quality standards for CTS and IP summary of the Commission’s Further themselves with the Commission’s ex CTS. The Commission also proposes to Notice of Proposed Rulemaking (Further parte rules. amend its rules to define how testing Notice), document FCC 20–132, adopted and measurement should be conducted on September 30, 2020, released on Initial Paperwork Reduction Act of to gauge provider performance in October 2, 2020, in CG Docket Nos. 13– 1995 Analysis relation to these standards and to 24, 03–123, and 10–51. The Report and The Further Notice in document FCC measure progress by the telephone Order and Order on Reconsideration in 20–132 seeks comment on proposed caption service program as a whole document FCC 20–132 was published at rule amendments that may result in toward achieving the statutory goals in 85 FR 64971, October 14, 2020. The full modified information collection section 225 of the Act. In addition, the text of this document is available for requirements. If the Commission adopts Commission seeks comment on whether public inspection and copying via the any modified information collection such performance assessment is best Commission’s Electronic Comment requirements, the Commission will carried out by the Commission, by Filing System (ECFS). To request publish another document in the individual providers, or by an entity materials in accessible formats for Federal Register inviting the public to selected and overseen by all providers. people with disabilities (Braille, large comment on the requirements, as More generally, the Commission seeks print, electronic files, audio format), required by the Paperwork Reduction comment on whether these proposals send an email to [email protected] or call Act. Public Law 104–13; 44 U.S.C. will advance the relevant statutory the Consumer and Governmental Affairs 3501–3520. In addition, pursuant to the objectives in section 225 of the Act, or Bureau at (202) 418–0530. Small Business Paperwork Relief Act of ‘‘performance goals’’—technological This proceeding shall be treated as a 2002, the Commission seeks comment currency and efficiency, and the ‘‘permit-but-disclose’’ proceeding in on how it might further reduce the overarching statutory goal of ‘‘functional accordance with the Commission’s ex information collection burden for small equivalence.’’ What types of parte rules. 47 CFR 1.1200 et seq. business concerns with fewer than 25 measurements are needed to ensure that Persons making ex parte presentations employees. Public Law 107–198; 44 service quality for telephone caption must file a copy of any written U.S.C. 3506(c)(4). services is not only functionally presentation or a memorandum equivalent but technologically current, Synopsis summarizing any oral presentation and does not impede the development within two business days after the 1. The Commission seeks comment on of improved technology? presentation (unless a different deadline proposed rules to enable the 4. The Commission invites applicable to the Sunshine period Commission to better evaluate the commenters to propose performance- applies). Persons making oral ex parte efficacy of the IP CTS and CTS programs measurement alternatives that would presentations are reminded that and the performance of individual advance the statutory goals and memoranda summarizing the service providers. The Commission objectives, and the Commission seeks presentation must (1) list all persons proposes to amend its rules to provide comment on the costs and benefits of its attending or otherwise participating in for robust, efficient, objective, and proposal and any alternatives. For the meeting at which the ex parte quantifiable measurement of the quality example, would quantifiable, presentation was made, and (2) of service offered by each CTS and IP measurable benchmarks for caption summarize all data presented and CTS provider and by the telephone delay and accuracy—or methods for arguments made during the caption service program as a whole. The measuring performance against such presentation. If the presentation Commission’s objective is to adopt benchmarks—be more effectively and consisted in whole or in part of the minimum performance standards that efficiently developed by a voluntary, presentation of data or arguments will allow it to evaluate progress toward consensus standards organization? If so, already reflected in the presenter’s achieving the Congressional objectives which standards-setting organization written comments, memoranda or other set forth in section 225 of the would be appropriate for developing filings in the proceeding, the presenter Communications Act of 1934, as such benchmarks and methods? What may provide citations to such data or amended (the Act). 47 U.S.C. 225. steps would be needed to ensure all arguments in his or her prior comments, 2. IP CTS is a form of stakeholders are able to participate memoranda, or other filings (specifying Telecommunications Relay Service effectively? How could a consensus the relevant page and/or paragraph (TRS) that permits an individual who process be managed so as not to unduly

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7683

delay the establishment of service fully automatic telephone captioning constitutes a ‘‘major’’ error, and if not, quality standards? Should the indicates that such services are capable can it be modified to do so? Would Commission adopt default standards in of delivering captions within one or two limiting counted errors to major errors these areas, pending completion of seconds, on average. How many seconds produce materially different results in consensus standards? of delay should be considered the the overall assessment of CTS and IP maximum acceptable delay for any form CTS providers? More specifically, Adding CTS/IP CTS Metrics to TRS of captioning, in light of the capabilities would any improvements from counting Minimum Standards of current technology, the expectations only major errors be sufficient to justify 5. Caption Delay. The Commission of caption consumers, and the impact of (1) the additional costs and burdens proposes to adopt a minimum standard delay on a user’s ability to carry on a involved in classifying errors as major for caption delay and proposes the natural telephone conversation? Should or minor and (2) the greater likelihood following definition: the FCC’s minimum standards specify of disputes over which errors count as Caption delay is the difference in time (in other limits on caption delay, in major errors? seconds) between when a word can be heard addition to the maximum average delay? 11. Alternatively, if a distinction is in the audio and when that word appears in 8. Accuracy. The Commission needed between major and minor errors, the stream of captions on the caption user’s proposes to amend its rules to provide should ‘‘minor errors’’ (i.e., word primary display. more specific standards and metrics for substitutions (such as misspellings), The Commission seeks comment on the accuracy of telephone captioning, deletions, or insertions that do not alter how to specify more precisely what is including fully automatic IP CTS with or obscure the meaning of the original meant by ‘‘when [a captioned word] captions created by an automatic speech speech) still be counted but given less appears’’ in the transcript or stream of recognition (ASR) program. The weight than major errors? For example, captions. Should such ‘‘appearance’’ be Commission proposes to combine even though minor errors may not defined as the initial ‘‘appearance’’ of accuracy with completeness in a single prevent a user from understanding the the word (i.e., prior to any correction metric, ‘‘Word Error Rate,’’ which is gist of a conversation, they still may be that may be provided subsequently) or likely to be easier to administer. Word a distraction and force the CTS or IP its ‘‘final displayed appearance’’ (i.e., so Error Rate is comprised of individual CTS user to work harder to decipher the that the caption delay includes any time counts of words that are incorrectly captions. Or should the standard the involved in providing a corrected inserted, deleted, or substituted in the Commission adopts be based on a version of the word)? Would measuring captions delivered to the caller. combination of two measurements, one caption delay based on the initial 9. For purposes of measuring that is limited to major errors and one appearance of a word provide an compliance with the standard, the that takes all errors—including undesirable incentive for providers to Commission seeks comment on the substitutions, deletions, and insertions prematurely deliver inaccurate following definition of Word Error Rate: whether major or minor—into account? captions? Conversely, would measuring The Word Error Rate for a captioned 12. Should readability (a concept that caption delay based on the final telephone conversation is (i) the number of includes correct capitalization and displayed appearance provide an word substitutions, omissions, and insertions punctuation) be included in the Word undesirable disincentive to correct in the captions divided by (ii) the total Error Rate standard, and if so, how mistakes in previously delivered number of words in the voice should it be measured? captions? communications being captioned. Accuracy 13. The Commission also seeks shall be assessed for a caption as delivered 6. Caption delay may vary over the to the caption user’s device within the comment on the maximum Word Error course of a call. The Commission minimum TRS standard for caption delay. A Rate that should be specified for caption proposes that testing procedures should substitution error occurs when a spoken service in the FCC’s minimum TRS ensure that caption delay measurements word is replaced with another word, an standards, and how this standard for any service include measurements omission error involves the omission of a should apply to variable call conditions. taken from various segments in the spoken word, and an insertion error consists Should the Commission set the accuracy duration of captioned calls. The of the addition of a word that has not been standard based on the expectations of Commission seeks comment on the spoken. users and the impact of inaccuracies on above proposals and their costs and 10. The Commission seeks comment a user’s ability to carry on a natural benefits. Should caption delays during a on this proposal and its costs and telephone conversation, and if so, how single test call be averaged together, benefits. To implement this definition of should these be determined? with each test call given a score, and the Word Error Rate, should the Alternatively, in order to set an initial score for each test call given equal Commission define what constitutes a standard as expeditiously as possible, weight in the overall average? Or should ‘‘word’’? For example, should should the Commission initially set the caption delay be averaged on some other interjected sounds such as ‘‘umm’’ and maximum permitted Word Error Rate basis, e.g., total delays divided by the ‘‘ah’’ or garbled speech count as words? based on the current performance of IP total number of minutes tested? Should If a speaker uses a regional dialect or CTS providers, and subsequently reset ‘‘seconds’’ be measured to the nearest foreign phrase that has no standard the standard based on measures of user tenth of a second or some other English spelling, can there be an error expectations and understanding? If a measure? Also, for IP CTS, what internet in transcription? The Commission also current-performance-based approach is speed(s) should be used to measure seeks comment on whether to insert a initially used, should the maximum caption delay? Should delay be qualifier in the above definition to limit level be set based on the Word Error measured at more than one internet the word errors that are counted to Rate achieved by the average provider, speed? ‘‘major errors,’’ which a group of IP CTS or at some other defined value on the 7. The Commission seeks comment on providers define as errors that spectrum of baseline accuracy setting the applicable metric, i.e., the significantly alter, obscure, or reverse measurements? Should a different maximum average caption delay that the meaning of the original speech. Does standard be applied to calls with poor should be allowed by the FCC’s this definition provide a consistent, audio quality? How would such a minimum TRS standards. Testing of repeatable determination of what determination be made?

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 7684 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules

14. Speed of Answer. Commission methodologies be technologically consequences should result if testing rules currently provide a metric for neutral and not designed to favor any shows that a provider is failing to meet speed of answer, which is that 85 particular service provider. However, to the minimum standard for caption delay percent of all captioned telephone calls the extent a provider’s service is or accuracy. If test results conducted in be answered within ten seconds of a designed to work only with a particular accordance with applicable user’s initiation of contact with the device (such as a proprietary phone or methodological guidelines indicate that captioning center and the start of a smartphone), the Commission a provider is not meeting the captioning, measured daily. The rules proposes that the provider’s service be Commission’s minimum standard for currently require TRS providers tested when used with that device. caption delay or accuracy, should the themselves to measure speed of answer 20. The Commission proposes the service be retested on a weekly basis, and to submit speed-of-answer data for following additional guidelines for with compensation withheld until such every call in their monthly call detail service quality testing: time as testing shows the problem with reports. (1) Sample size (i.e., the number of test caption delay or accuracy has been 15. The Commission seeks comment calls) should be calculated to provide reliable fixed? Alternatively, should the on whether to strengthen the applicable and accurate information; provider be given some period of time speed-of-answer standard for telephone (2) Test calls should mimic the proper use to rectify the problem, with withholding captions. With fully automatic of the service (e.g., both parties to a call to begin if the problem cannot be captioning, for example, an IP CTS should not be in the same room); rectified within that time period? provider can begin delivering (3) Test calls should follow the structure of Should the Commission formalize a captioning almost instantaneously upon a natural telephone conversation; compliance ladder approach, similar to (4) Test calls should not be detectable as receiving notice that a registered user is ‘‘test calls’’ by CAs (e.g., test calls should not the one used for closed captioning making a call for which captioning is start with a loud dual-tone multi-frequency quality problems, which would be desired. Would it be reasonable to tone followed by live conversation); triggered whenever testing shows that a require all providers to meet a standard (5) Testing should be designed to evaluate provider did not meet an applicable that approximates what is feasible with service performance over a range of service quality standard? fully automatic captioning? For telephone audio conditions (e.g., static, example, even though a provider may distortion, inaudible or unintelligible Responsibilities for Measuring Service find it desirable, for other reasons, to conversation, and background noises), Quality accents, and dialects that are likely to be 23. The Commission tentatively continue using CAs for some or most encountered by CTS and IP CTS users. calls, could fully automatic captioning concludes that to obtain authoritative be used as a stopgap measure for calls The Commission seeks comment on assessments of IP CTS providers’ for which a CA is not immediately these proposed guidelines. Do they performance in relation to caption delay available? appropriately balance the benefits of and caption accuracy, it would not be 16. Other Standards. The Commission precision and fairness with the need for practicable to rely on provider self- tentatively concludes that no rule efficient methods of measurement? measurement and reporting (e.g., as in amendments are needed to quantify Should the Commission adopt these speed-of-answer compliance). standards for transcription speed and guidelines as recommended or Measurement of provider performance usage data. The Commission seeks mandatory? Should test calls include in these areas raises more complicated comment on this tentative conclusion. If conversations in languages other than methodological issues than those the Commission adopts a caption delay English? Are there additional guidelines involved in speed-of-answer reporting, standard, as proposed, should it also the Commission should consider for such that effective oversight of the amend the rule on CA typing speed to testing the quality of service provided to testing undertaken by individual make clear that it no longer applies to IP CTS users with hearing loss and low providers would impose undue CTS and IP CTS? vision or who are deafblind? administrative burdens on both 17. The Commission seeks further 21. The Commission also seeks providers and the Commission. The comment on whether its minimum TRS comment on the specifics of how tests Commission seeks comment on this standards should be modified to provide and measurements for caption delay and tentative conclusion. more specific and quantified accuracy should be conducted, and how 24. The Commission also seeks performance standards for service the Commission can best ensure that comment on whether authoritative outages and for dropped or such methods and procedures are testing and measurement of caption disconnected calls. If the Commission transparent. Should the Commission delay and accuracy would be most adopts such standards, how should they specify the sample size and frequency of effectively and reliably performed by be measured and what should be the such testing, and if so, how? To what the Commission or by an entity selected minimum metric for compliance? extent can document scoring, technical and supervised by the providers 18. Should the Commission direct the parameters, recording conditions, or themselves, through some type of joint Consumer and Governmental Affairs other parameters affect test values, and undertaking. Could a provider- Bureau to conduct rulemakings or what guidance should the FCC’s rules sponsored entity conduct such otherwise determine more granular provide regarding these matters? Should assessments in a manner that is metrics for caption delay, accuracy, or the Commission direct the Consumer objective and unbiased? How should the other TRS standards? and Governmental Affairs Bureau to Commission ensure that such an entity conduct rulemakings or otherwise make remains unbiased and independent of Testing and Measurement more granular determinations on how to improper influence by any TRS provider Methodologies conduct performance testing and or group of providers? 19. The Commission proposes that the measurement in relation to caption 25. The Commission seeks comment methodologies used to assess provider delay, accuracy, or other TRS standards? on whether an entity designated to performance shall produce objective, Alternatively, should test methods be conduct performance testing should be quantifiable, repeatable, and verifiable subject to a peer review process? authorized to conduct testing and service quality measurements. The 22. The Commission also seeks measurement in additional areas other Commission also proposes that such comment on what specific than caption delay and accuracy. To

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7685

ensure that any entity designated to are conducted so that the provider does Small Entities Impacted conduct performance testing has the not know its service is being tested? ability to conduct sufficient testing and Should the Commission require that 33. The rules proposed in document collect sufficient data to develop scripts used to conduct test calls not be FCC 20–132 will affect the obligations of reliable performance assessments, given or identified to TRS providers or CTS and IP CTS providers. These should the Commission require that IP applicants prior to the execution of the services can be included within the CTS providers submit user devices, tests? Should the Commission amend its broad economic category of All Other software, and other material or rules to authorize the completion of test Telecommunications. information needed for testing, as well calls by registered CTS and IP CTS users Description of Projected Reporting, as provider-generated testing protocols via connections to providers’ platforms, Recordkeeping, and Other Compliance and results, to such an entity upon without disclosure to providers of the Requirements reasonable request? nature of the call, and with payment of 26. The Commission proposes that the TRS Fund compensation for such calls 34. All CTS and IP CTS providers results of testing and measurement of in the same manner as any TRS call? would be required to meet or exceed CTS and IP CTS providers’ performance, The Commission seeks comment on any quantitative performance standards both in the aggregate and for individual whether waivers of Commission rules adopted by the Commission for caption providers, be made available to the are necessary and appropriate for this delay, accuracy, or other aspects of public on a regular basis, in reports on purpose, and more generally whether provider performance. Because the the Commission’s website. The any rule provisions need to be waived Commission tentatively concludes that Commission seeks comment on this to allow for effective testing and provider self-measurement and proposal and the frequency of such measurement of CTS and IP CTS. reporting is not a practicable approach reports. In addition, the Commission 29. The Commission seeks comment to assessing caption delay and accuracy, seeks comment on the specificity of the on the above proposals and their costs no specific reporting or recordkeeping results to be posted. Should the results and benefits, and the beliefs and requirements are proposed. However, only indicate whether each individual assumptions stated above. the Commission asks whether providers provider met the tested or measured should be required to submit user minimum standard? Should the Initial Regulatory Flexibility Act devices, software, and other material or performance results for service quality Analysis information needed for testing, as well standards other than caption delay and 30. As required by the Regulatory as provider-generated testing protocols accuracy be reported? Should the Flexibility Act of 1980, as amended, the and results, upon request, if the performance results be reported in a Commission has prepared this Initial Commission authorizes a third-party way that allows consumers to compare Regulatory Flexibility Analysis (IRFA) entity to conduct the testing and providers’ results? Should the reports measurement. Such requirements, if include a rank or score for the of the possible significant economic impact on a substantial number of small adopted, may involve some additional provider’s performance results? The recordkeeping and reporting. Commission also seeks comment on entities by the policies and rules whether to test and measure proposed in the Further Notice. Written Steps Taken to Minimize Significant performance of publicly available public comments are requested on this Impact on Small Entities, and captioning services for voice calls IRFA. Comments must be identified as Significant Alternatives Considered offered by entities that do not provide responses to the IRFA and must be filed by the deadline for comments on the 35. Only CTS and IP CTS providers CTS or IP CTS and make such results certified to receive compensation from available to the public in the CTS and Further Notice specified in the DATES section. The Commission sent a copy of the TRS Fund would be subject to the IP CTS performance reports. testing and measurement requirements, 27. The Commission seeks comment document FCC 20–132 to the Chief if the rules are adopted. The on whether to mandate a system or Counsel for Advocacy of the Small Commission’s proposals limit procedure for CTS and IP CTS users to Business Administration (SBA). unnecessary regulation of small entities rate the quality and performance of Need for, and Objectives of the by focusing on assessment of caption captioning services, on a call-by-call or Proposed Rules other appropriate basis, with delay and caption accuracy—the two publication of average ratings for each 31. In the Further Notice, the metrics that interested parties generally provider, and how such a system or Commission proposes to amend its rules designate as most important to procedure can be most effectively to provide for robust, efficient, captioning service quality. Opting some implemented and overseen. Would a objective, and quantifiable measurement providers out of the program or limiting five-star rating system provide sufficient of the quality of service offered by CTS the extent of testing for some providers granularity for meaningful user ratings and IP CTS providers. This is not proposed because it would of IP CTS providers? Should the rating measurement program will enable the prevent the availability of system have more specific quality or Commission to better evaluate the comprehensive performance usability ratings, such as on a scale of efficacy of the IP CTS and CTS programs information to the Commission and one to ten? For those users who choose and the performance of individual consumers. to rate their TRS calls, should the service providers in relation to the 36. The Further Notice seeks Commission allow them the choice to statutory goals of functional comment from all interested parties. identify themselves or should the equivalence, technological currency, Small entities are encouraged to bring to ratings be strictly anonymous? and efficiency. the Commission’s attention any specific 28. If testing of providers is conducted concerns they may have with the Legal Basis by a third party, how should the proposals outlined in the Further Commission ensure that providers (and 32. The authority for this proposed Notice. The Commission expects to their ASR technologies) respond to test rulemaking is contained in sections 1, 2, consider the economic impact on small calls as they would to any call, i.e., how and 225 of the Communications Act of entities, as identified in comments filed should the Commission ensure that tests 1934, as amended. in response to the Further Notice, in

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 7686 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules

reaching its final conclusions and taking involves the omission of a spoken word, Alaska); February 24, 2021 (Northwest action in this proceeding. and an insertion error consists of the Arctic Borough and northern Bering addition of a word that has not been Sea); and February 25, 2021 (North Federal Rules That Duplicate, Overlap, spoken. The average Word Error Rate Slope Borough). NMFS may close the or Conflict With the Proposed Rules shall be no more than [XX.X%]. hearings 15 minutes after the conclusion 37. None. (iii) Testing methodologies and of public testimony and after List of Subjects in 47 CFR Part 64 procedures for caption delay and responding to any clarifying questions accuracy. (A) Sample size should be from hearing participants about the Individuals with disabilities, calculated to provide reliable and proposed critical habitat designations. Telecommunications, Telephones. statistically significant information. For each hearing, we encourage Federal Communications Commission. (B) Test calls should mimic the proper participation by members of the public Marlene Dortch, use of the service. wishing to provide oral comments Secretary, Office of the Secretary. (C) Test calls should follow the specific to the regions indicated structure of a natural telephone parenthetically. However, all hearings Proposed Rules conversation. are open to all interested parties and at For the reasons discussed in the (D) Test calls should not be detectable each hearing we will accept testimony preamble, the Federal Communications as ‘‘test calls’’ by CAs. regarding any area or aspect of the Commission proposes to amend Title 47 (E) Testing should be designed to proposed critical habitat designations. of the Code of Federal Regulations as evaluate service performance over a Written comments must be received by follows: range of telephone audio conditions, March 9, 2021. accents, and dialects that are likely to be ADDRESSES: The public hearings will be PART 64—MISCELLANEOUS RULES encountered by CTS and IP CTS users. held by conference calls rather than at RELATING TO COMMON CARRIERS * * * * * physical locations. Conference call [FR Doc. 2021–01191 Filed 1–29–21; 8:45 am] ■ 1. The authority citation for part 64 information for all three hearings is the BILLING CODE 6712–01–P continues to read as follows: same: Telephone: (800) 201–3962, Conference Code: 651174. Authority: 47 U.S.C. 151, 152, 154, 201, You may submit written data, 202, 217, 218, 220, 222, 225, 226, 227, 227b, DEPARTMENT OF COMMERCE information, or comments regarding the 228, 251(a), 251(e), 254(k), 262, 276, 403(b)(2)(B), (c), 616, 620, 1401–1473, unless revised proposed rule to designate National Oceanic and Atmospheric critical habitat for the Arctic ringed seal, otherwise noted; Pub. L. 115–141, Div. P, sec. Administration 503, 132 Stat. 348, 1091. identified by Docket ID NOAA–NMFS– 2013–0114, and the proposed rule to ■ 2. Amend § 64.604 by adding 50 CFR Parts 223 and 226 designate critical habitat for the Beringia paragraph (a)(4) to read as follows: [Docket No. 201228–0357 and 201228–0358] DPS of the bearded seal, identified by § 64.604 Mandatory minimum standards. Docket ID NOAA–NMFS–2020–0029, by RIN 0648–BC56, 0648–BJ65 * * * * * either of the following methods: • (a) * * * Endangered and Threatened Species; Electronic Submission: Submit all (4) Additional operational standards Designation of Critical Habitat for the electronic comments via the Federal for captioned telephone service and IP Arctic Subspecies of the Ringed Seal eRulemaking Portal. Go to CTS. Providers of captioned telephone and Designation of Critical Habitat for www.regulations.gov, search for the service and IP CTS shall meet or exceed the Beringia Distinct Population relevant Docket ID indicated above, service quality standards for caption Segment of the Bearded Seal; Public click the ‘‘Comment Now!’’ or delay and accuracy. Hearings ‘‘Comment’’ icon, complete the required (i) Caption delay. Caption delay is the fields, and enter or attach your difference in time (in seconds) between AGENCY: National Marine Fisheries comments. when a word can be heard in the audio Service (NMFS), National Oceanic and • Mail: Submit written comments to and when that word appears in the Atmospheric Administration (NOAA), Jon Kurland, Assistant Regional stream of captions on the caption user’s Commerce. Administrator for Protected Resources, primary display. Average caption delay ACTION: Notification of public hearings. Alaska Region NMFS, Attn: James shall be no greater than [X.X] seconds. Bruschi, P.O. Box 21668, Juneau, AK (ii) Caption accuracy. The accuracy of SUMMARY: We, NMFS, will hold three 99082–1668. a captioned telephone conversation public hearings on both our January 8, Instructions: NMFS may not consider shall be measured as the Word Error 2021, revised proposed rule to designate comments sent by any other method, to Rate, with a lower Word Error Rate critical habitat for the threatened Arctic any other address or individual, or indicating a higher degree of accuracy. subspecies of the ringed seal (Pusa received after the end of the comment The Word Error Rate for a captioned hispida hispida) and our proposed rule period. All comments received are a telephone conversation is: to designate critical habitat for the part of the public record and will (A) The number of word substitutions, threatened Beringia distinct population generally be posted for public viewing omissions, and insertions in the segment (DPS) of the Pacific bearded on www.regulations.gov without change. captions divided by; seal subspecies (Erignathus barbatus All personal identifying information (B) The total number of words in the nauticus) under the Endangered Species (e.g., name, address), confidential voice communications being captioned. Act (ESA). business information, or otherwise Accuracy shall be assessed for a caption DATES: Public hearing conference calls sensitive information submitted as delivered to the caption user’s device will be held, convening at 4 p.m. and voluntarily by the sender will be within the minimum TRS standard for concluding no later than 7 p.m. Alaska publicly accessible. NMFS will accept caption delay. A substitution error Standard Time (AKST), on each of the anonymous comments (enter ‘‘N/A’’ in occurs when a spoken word is replaced following dates: February 23, 2021 the required fields if you wish to remain with another word, an omission error (Yukon-Kuskokwim and southwest anonymous).

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\01FEP1.SGM 01FEP1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7687

The proposed rules and supporting 2021, and announced that public be speaking. In the event that documents are available in the dockets hearings would be held in Alaska. attendance at the public hearings is for the proposed rules at large, the time allotted for each Public Hearings www.regulations.gov, and on the NMFS commenter may be limited. website at www.fisheries.noaa.gov/ We will hold three public hearing Anyone wishing to make an oral action/designation-critical-habitat- conference calls to accept oral statement at the public hearing is arctic-subspecies-ringed-seal and comments on both our revised proposed encouraged to also submit a written www.fisheries.noaa.gov/action/ rule to designate critical habitat for the copy of their statement to us during the designation-critical-habitat-beringia- Arctic ringed seal and our proposed rule comment period by either of the distinct-population-segment-bearded- to designate critical habitat for the methods identified above (see seal. Beringia DPS of the bearded seal on the ADDRESSES and DATES). There are no dates and at the times listed above (see limits on the length of written FOR FURTHER INFORMATION CONTACT: ADDRESSES and DATES). Please see the comments submitted to us. Written Tammy Olson, NMFS Alaska Region, Public Comments Solicited section of statements and supporting data and (907) 271–2373; or Jon Kurland, NMFS the January 8, 2021, proposed rules information submitted during the Alaska Region, (907) 586–7638. regarding the types of information and comment period will be considered data we particularly seek. SUPPLEMENTARY INFORMATION: with the same weight as oral statements During each public hearing, NMFS provided during the public hearings. Background will provide a brief opening These public hearings are physically presentation on the proposed critical accessible to people with disabilities. On January 8, 2021, NMFS published habitat designations before accepting People needing reasonable a revised proposed rule to designate public testimony for the record. The accommodations to participate in these critical habitat for the threatened Arctic hearings will be recorded for the hearings should submit a request as ringed seal (86 FR 1452) and a proposed purpose of preparing transcripts of oral soon as possible, and no later than 10 rule to designate critical habitat for the comments received. Attendees will be business days before the threatened Beringia DPS of the bearded asked to identify themselves before accommodation is needed, by seal (86 FR 1433) under the ESA. Each joining the hearing. Once connected to contacting Tammy Olson (see FOR proposed designation comprises an area the call, telephone lines will be FURTHER INFORMATION CONTACT). of marine habitat in the northern Bering, automatically muted. During the public Authority: 16 U.S.C. 1531 et seq. Chukchi, and Beaufort seas. A particular testimony portion of the hearing, to area north of the Beaufort Sea shelf is indicate that you would like to offer a Dated: January 26, 2021. proposed for exclusion from the comment, press 5*. When it is your turn Angela Somma, proposed designation for the Arctic to offer your comment, the moderator Chief, Endangered Species Conservation ringed seal based on national security will unmute your individual line. Division, Office of Protected Resources, impacts. The proposed rules opened a Commenters will be asked to indicate National Marine Fisheries Service. public comment period for each of the their full name and the identity of any [FR Doc. 2021–02055 Filed 1–29–21; 8:45 am] proposed designations through March 9, organization on whose behalf they may BILLING CODE 3510–22–P

VerDate Sep<11>2014 16:45 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00032 Fmt 4702 Sfmt 9990 E:\FR\FM\01FEP1.SGM 01FEP1 7688

Notices Federal Register Vol. 86, No. 19

Monday, February 1, 2021

This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF AGRICULTURE contains documents other than rules or Gregg Goodland, RAC Coordinator by proposed rules that are applicable to the phone at 719–588–7045 or via email at Forest Service public. Notices of hearings and investigations, [email protected]. committee meetings, agency decisions and Ketchikan Resource Advisory rulings, delegations of authority, filing of Individuals who use Committee; Meeting petitions and applications and agency telecommunication devices for the deaf statements of organization and functions are (TDD) may call the Federal Information AGENCY: Forest Service, USDA. examples of documents appearing in this Relay Service (FIRS) at 1–800–877–8339 ACTION: Notice of meeting. section. between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday SUMMARY: The Ketchikan Resource through Friday. Advisory Committee (RAC) will hold a DEPARTMENT OF AGRICULTURE virtual meeting. The committee is SUPPLEMENTARY INFORMATION: The authorized under the Secure Rural Forest Service purpose of the meeting is to: Schools and Community Self- 1. Review RAC funding, roles, Determination Act (the Act) and Saguache—Upper Rio Grande operates in compliance with the Federal Resource Advisory Committee responsibilities, and operating guidelines; Advisory Committee Act. The purpose AGENCY: Forest Service, USDA. of the committee is to improve 2. Allow public input on project collaborative relationships and to ACTION: Notice of meeting. proposals; provide advice and recommendations to 3. Allow time for project proposal the Forest Service concerning projects SUMMARY: The Saguache—Upper Rio Grande Resource Advisory Committee presentations; and funding consistent with Title II of the Act. (RAC) will hold a virtual meeting. The 4. Discuss, recommend, and approve committee is authorized under the new Title II projects; DATES: The meeting will be held on Secure Rural Schools and Community February 25, 2021, at 6:00 p.m. (Alaska 5. Discuss possible future meetings Standard Time). Self-Determination Act (the Act) and and next steps. operates in compliance with the Federal All RAC meetings are subject to The meeting is open to the public. Advisory Committee Act. The purpose cancellation. For status of meeting prior The agenda will include time for people to attendance, please contact the person of the committee is to improve to make oral statements of three minutes listed under FOR FURTHER INFORMATION collaborative relationships and to or less. Individuals wishing to make an CONTACT. provide advice and recommendations to oral statement should request in writing the Forest Service concerning projects ADDRESSES: The meeting will be held by Friday, February 19, 2021 to be and funding consistent with the Act. virtual only. A conference line is set up scheduled on the agenda. Anyone who RAC information can be found at the for those who would like to listen in by would like to bring related matters to following website: https:// telephone. For the conference call the attention of the committee may file www.fs.usda.gov/main/riogrande/ number, please contact the person listed written statements with the committee workingtogether/advisorycommittees. under FOR FURTHER INFORMATION staff before or after the meeting. Written CONTACT. DATES: The meeting will be held on comments and requests for time to make Written comments may be submitted Tuesday, February 23, 2021 at 8:30 a.m. oral comments must be sent to Gregg as described under SUPPLEMENTARY Mountain Standard Time. Goodland, RAC Coordinator, 1803 W INFORMATION. All comments, including All RAC meetings are subject to Highway 160, Monte Vista, CO 81144; names and addresses when provided, cancellation. For status of meeting prior by email to [email protected], are placed in the record and are to attendance, please contact the person or via facsimile to 719–852–6250. available for public inspection and listed under FOR FURTHER INFORMATION Meeting Accommodations: If you are copying. The public may inspect CONTACT. a person requiring reasonable comments received at Ketchikan Misty ADDRESSES: The meeting will be held accommodation, please make requests Fjords Ranger District. Please call ahead with virtual attendance only. For virtual in advance for sign language to facilitate entry into the building. meeting information, please see the interpreting, assistive listening devices, FOR FURTHER INFORMATION CONTACT: website listed under SUMMARY. or other reasonable accommodation. For Penny L. Richardson, RAC Coordinator, Written comments may be submitted access to the facility or proceedings, by phone at 907–228–4105 (office) or as described under SUPPLEMENTARY please contact the person listed in the 907–419–5300 (cell), or via email at INFORMATION. All comments, including section titled FOR FURTHER INFORMATION [email protected]. names and addresses when provided, CONTACT. All reasonable Individuals who use are placed in the record and are accommodation requests are managed telecommunication devices for the deaf available for public inspection and on a case-by-case basis. (TDD) may call the Federal Information copying. The public may inspect Relay Service (FIRS) at 1–800–877–8339 Dated: January 15, 2021. comments received at Rio Grande between 8:00 a.m. and 8:00 p.m., National Forest Headquarters, 1803 W Cikena Reid, Eastern Standard Time, Monday Hwy. 160, Monte Vista, CO. Please call Committee Management Officer. through Friday. ahead to facilitate entry into the [FR Doc. 2021–02013 Filed 1–29–21; 8:45 am] SUPPLEMENTARY INFORMATION: The building. BILLING CODE 3411–15–P purpose of the meeting is to:

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7689

1. Update members on past RAC following website: https:// access to the facility or proceedings, projects, and www.fs.usda.gov/detail/custergallatin/ please contact the person listed in the 2. Propose new RAC projects. workingtogether/advisorycommittees/ section titled FOR FURTHER INFORMATION The meeting is open to the public. ?cid=stelprd3841767. CONTACT. All reasonable The agenda will include time for people DATES: The meeting will be held on accommodation requests are managed to make oral statements of three minutes February 16, 2021, at 3:00 p.m., on a case-by-case basis. or less. Individuals wishing to make an Mountain Standard Time. Dated: January 14, 2021. oral statement should request in writing All RAC meetings are subject to Cikena Reid, by February 22, 2021 to be scheduled on cancellation. For status of the meeting USDA Committee Management Officer. the agenda. Anyone who would like to prior to attendance, please contact the [FR Doc. 2021–02011 Filed 1–29–21; 8:45 am] bring related matters to the attention of person listed under FOR FURTHER BILLING CODE 3411–15–P the committee may file written INFORMATION CONTACT. statements with the committee staff ADDRESSES: The meeting will be held before or after the meeting. Written virtually via telephone and/or video COMMISSION ON CIVIL RIGHTS comments and requests for time to make conference. For virtual meeting oral comments must be sent to Penny L. information, please contact the person Richardson, RAC Coordinator, Notice of Public Meeting of the Oregon listed under FOR FURTHER INFORMATION Advisory Committee Ketchikan Misty Fjords Ranger District, CONTACT. 3031 Tongass Avenue, Ketchikan, Written comments may be submitted AGENCY: U.S. Commission on Civil Alaska 99901; by email to as described under SUPPLEMENTARY Rights. [email protected], or via INFORMATION. All comments, including ACTION: Announcement of meeting. facsimile to 907–225–8738. names and addresses when provided, Meeting Accommodations: If you are are placed in the record and are SUMMARY: Notice is hereby given, a person requiring reasonable available for public inspection and pursuant to the provisions of the rules accommodation, please make requests copying. The public may inspect and regulations of the U.S. Commission in advance for sign language comments received at the Custer on Civil Rights (Commission) and the interpreting, assistive listening devices, Gallatin Supervisor’s Office. Please call Federal Advisory Committee Act or other reasonable accomodation. For ahead at 406–587–6701 to facilitate (FACA) that a teleconference meeting of access to the facility or proceedings, entry into the building. the Oregon Advisory Committee please contact the person listed in the (Committee) to the Commission will be FOR FURTHER INFORMATION CONTACT: section titled FOR FURTHER INFORMATION held at 1:00 p.m. (Pacific Time) Friday, Kathy Minor, Deputy Forest Supervisor, CONTACT. All reasonable February 12, 2021. The purpose of the by phone at 406–587–6776 or via email accommodation requests are managed meeting will be to discuss their report at [email protected]. on a case by case basis. outline and discuss drafting a statement Individuals who use of concern regarding the attempted Dated: January 14, 2021. telecommunication devices for the deaf government coup. Cikena Reid, (TDD) may call the Federal Information DATES: Committee Management Officer. Relay Service (FIRS) at 1–800–877–8339 The meeting will be held on Friday, February 12, 2021 at 1:00 p.m. [FR Doc. 2021–02012 Filed 1–29–21; 8:45 am] between 8:00 a.m. and 8:00 p.m., PT. BILLING CODE 3411–15–P Eastern Standard Time, Monday through Friday. Public Call Information: Dial: 800–367–2403 SUPPLEMENTARY INFORMATION: The Conference ID: 7999183 DEPARTMENT OF AGRICULTURE purpose of the meeting is to: 1. Approve meeting minutes: And FOR FURTHER INFORMATION CONTACT: Ana Forest Service 2. Discuss and make Victoria Fortes, Designated Federal recommendations on recreation fee Officer (DFO) at [email protected] or by Southern Montana Resource Advisory proposals for sites located on the Custer phone at (202) 681–0857. Committee; Meeting Gallatin National Forest. SUPPLEMENTARY INFORMATION: This AGENCY: Forest Service, USDA. The meeting is open to the public. meeting is available to the public ACTION: Notice of meeting. The agenda will include time for people through the following toll-free call-in to make oral statements of three minutes number: 800–367–2403, conference ID SUMMARY: The Southern Montana or less. Anyone who would like to bring number: 7999183. Any interested Resource Advisory Committee (RAC) related matters to the attention of the member of the public may call this will hold a virtual meeting. The committee may file written statements number and listen to the meeting. committee is authorized under the with the committee staff before or after Callers can expect to incur charges for Secure Rural Schools and Community the meeting. Written comments must be calls they initiate over wireless lines, Self-Determination Act (the Act) and sent to Kathy Minor, Deputy Forest and the Commission will not refund any operates in compliance with the Federal Supervisor, Custer Gallatin National incurred charges. Callers will incur no Advisory Committee Act. The purpose Forest Supervisor’s Office, 10 East charge for calls they initiate over land- of the committee is to improve Babcock Street, Bozeman, Montana line connections to the toll-free collaborative relationships and to 59715; by email to kathleen.minor@ telephone number. Persons with hearing provide advice and recommendations to usda.gov, or via facsimile to 406–587– impairments may also follow the the Forest Service concerning projects 6758. proceedings by first calling the Federal and funding consistent with Title II of Meeting Accommodations: If you are Relay Service at 1–800–877–8339 and the Act; and to make recommendations a person requiring reasonable providing the Service with the on recreation fee proposals for sites accommodation, please make requests conference call number and conference consistent with the Federal Lands in advance for sign language ID number. Recreation Enhancement Act. RAC interpreting, assistive listening devices, Members of the public are entitled to information can be found at the or other reasonable accommodation. For make comments during the open period

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7690 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

at the end of the meeting. Members of • To join by phone only, dial 1–800– and regulations of the U.S. Commission the public may also submit written 360–9505; Access code: 199 929 4603. on Civil Rights (Commission) and the comments; the comments must be FOR FURTHER INFORMATION CONTACT: Federal Advisory Committee Act received in the Regional Programs Unit Barbara de La Viez at bdelaviez@ (FACA) that a teleconference meeting of within 30 days following the meeting. usccr.gov or by phone at (202) 539– the Oregon Advisory Committee Written comments may be mailed to the 8246. (Committee) to the Commission will be held from 12:00 p.m. to 1:30 p.m. Western Regional Office, U.S. SUPPLEMENTARY INFORMATION: This (Pacific Time) Friday, March 26, 2021. Commission on Civil Rights, 300 North meeting is available to the public The purpose of the meeting will be to Los Angeles Street, Suite 2010, Los through the Webex link above. If joining discuss the first draft of their report on Angeles, CA 90012 or email Ana only via phone, callers can expect to Victoria Fortes at [email protected]. incur charges for calls they initiate over pretrial detention, release, and bail Records and documents discussed wireless lines, and the Commission will practices. during the meeting will be available for not refund any incurred charges. DATES: The meeting will be held on public viewing prior to and after the Individuals who are deaf, deafblind and Friday, March 26, 2021 from 12:00 p.m. meetings at https://www.facadatabase. hard of hearing. may also follow the to 1:30 p.m. PT. gov/FACA/apex/FACAPublicCommittee proceedings by first calling the Federal Public Call Information: ?id=a10t0000001gzlwAAA. Relay Service at 1–800–877–8339 and Dial: 800–367–2403 Please click on the ‘‘Committee providing the Service with the call-in Conference ID: 3131363 Meetings’’ tab. Records generated from number found through registering at the FOR FURTHER INFORMATION CONTACT: Ana these meetings may also be inspected web link provided for this meeting. Victoria Fortes, Designated Federal and reproduced at the Regional Members of the public are entitled to Officer (DFO) at [email protected] or by Programs Unit, as they become make comments during the open period phone at (202) 681–0857. available, both before and after the at the end of the meeting. Members of SUPPLEMENTARY INFORMATION: This meetings. Persons interested in the work the public may also submit written meeting is available to the public of this Committee are directed to the comments; the comments must be through the following toll-free call-in Commission’s website, https:// received in the Regional Programs Unit number: 800–367–2403, conference ID www.usccr.gov, or may contact the within 30 days following the meeting. number: 3131363. Any interested Regional Programs Unit at the above Written comments may be emailed to member of the public may call this email or street address. Barbara de La Viez at bdelaviez@ number and listen to the meeting. Agenda usccr.gov. Persons who desire Callers can expect to incur charges for additional information may contact the calls they initiate over wireless lines, I. Welcome Regional Programs Unit at (202) 539– and the Commission will not refund any II. Statement of Concern 8246. Records and documents discussed incurred charges. Callers will incur no III. Review Report Outline during the meeting will be available for charge for calls they initiate over land- IV. Public Comment public viewing as they become available line connections to the toll-free V. Discuss Next Steps at www.facadatabase.gov. Persons telephone number. Persons with hearing VI. Adjournment interested in the work of this advisory impairments may also follow the Dated: January 26, 2021. committee are advised to go to the proceedings by first calling the Federal David Mussatt, Commission’s website, www.usccr.gov, Relay Service at 1–800–877–8339 and Supervisory Chief, Regional Programs Unit. or to contact the Regional Programs Unit providing the Service with the at the above phone number or email [FR Doc. 2021–02029 Filed 1–29–21; 8:45 am] conference call number and conference address. BILLING CODE P ID number. Agenda: Thursday, February 18, 2021 Members of the public are entitled to at 12:00 p.m. (ET) make comments during the open period COMMISSION ON CIVIL RIGHTS at the end of the meeting. Members of I. Welcome and Roll Call the public may also submit written Agenda and Notice of Public Meeting II. Project Planning: Digital Equity in comments; the comments must be of the Maine Advisory Committee Maine received in the Regional Programs Unit III. Public Comment within 30 days following the meeting. AGENCY: Commission on Civil Rights. IV. Next Steps V. Adjournment Written comments may be mailed to the ACTION: Announcement of public Western Regional Office, U.S. meeting. Dated: January 26, 2021. Commission on Civil Rights, 300 North David Mussatt, Los Angeles Street, Suite 2010, Los SUMMARY: Notice is hereby given, Supervisory Chief, Regional Programs Unit. Angeles, CA 90012 or email Ana pursuant to the provisions of the rules [FR Doc. 2021–01987 Filed 1–29–21; 8:45 am] Victoria Fortes at [email protected]. and regulations of the U.S. Commission BILLING CODE P Records and documents discussed on Civil Rights (Commission), and the during the meeting will be available for Federal Advisory Committee Act public viewing prior to and after the (FACA), that the Maine State Advisory COMMISSION ON CIVIL RIGHTS meetings at https:// Committee to the Commission will hold www.facadatabase.gov/FACA/apex/ a virtual meeting on Thursday, February Notice of Public Meeting of the Oregon FACAPublicCommittee?id= 18, 2021 at 12:00 p.m. (ET) for the Advisory Committee a10t0000001gzlwAAA. purpose of discussing next steps for its AGENCY: U.S. Commission on Civil Please click on the ‘‘Committee digital equity project. Rights. Meetings’’ tab. Records generated from DATES: February 18, 2021, Thursday, at ACTION: Announcement of meeting. these meetings may also be inspected 12:00 p.m. (ET): and reproduced at the Regional • To join by web conference: https:// SUMMARY: Notice is hereby given, Programs Unit, as they become bit.ly/3ombRrt. pursuant to the provisions of the rules available, both before and after the

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7691

meetings. Persons interested in the work the public may call this number and SUMMARY: Notice is hereby given, of this Committee are directed to the listen to the meeting. Callers can expect pursuant to the provisions of the rules Commission’s website, https:// to incur charges for calls they initiate and regulations of the U.S. Commission www.usccr.gov, or may contact the over wireless lines, and the Commission on Civil Rights (Commission) and the Regional Programs Unit at the above will not refund any incurred charges. Federal Advisory Committee Act email or street address. Callers will incur no charge for calls (FACA) that a teleconference meeting of they initiate over land-line connections the Nevada Advisory Committee Agenda to the toll-free telephone number. (Committee) to the Commission will be I. Welcome Persons with hearing impairments may held from 1:00 p.m. to 2:30 p.m. (Pacific II. Review Report Draft also follow the proceedings by first Time) Wednesday, February 17, 2021. III. Public Comment calling the Federal Relay Service at 1– The purpose of the meeting will be to IV. Discuss Next Steps 800–877–8339 and providing the continue planning for web hearing V. Adjournment Service with the conference call number focused on distance learning and equity Dated: January 26, 2021. and conference ID number. in education. Members of the public are entitled to David Mussatt, DATES: The meeting will be held on make comments during the open period Wednesday, February 17, 2021 from Supervisory Chief, Regional Programs Unit. at the end of the meeting. Members of [FR Doc. 2021–02031 Filed 1–29–21; 8:45 am] 1:00 p.m. to 2:30 p.m. PT the public may also submit written Public Call Information: BILLING CODE P comments; the comments must be Dial: 1–800–353–6461 received in the Regional Programs Unit Conference ID: 4251062 within 30 days following the meeting. COMMISSION ON CIVIL RIGHTS FOR FURTHER INFORMATION CONTACT: Ana Written comments may be mailed to the Victoria Fortes (DFO) at afortes@ Notice of Public Meeting of the Nevada Western Regional Office, U.S. usccr.gov or by phone at (202) 681– Advisory Committee Commission on Civil Rights, 300 North 0857. Los Angeles Street, Suite 2010, Los AGENCY: U.S. Commission on Civil Angeles, CA 90012 or email Ana SUPPLEMENTARY INFORMATION: This Rights. Victoria Fortes at [email protected]. meeting is available to the public through the following toll-free call-in ACTION: Announcement of web hearing. Records and documents discussed during the meeting will be available for number: 1–800–353–6461, conference SUMMARY: Notice is hereby given, public viewing prior to and after the ID number: 4251062. Any interested pursuant to the provisions of the rules meeting at https:// member of the public may call this and regulations of the U.S. Commission www.facadatabase.gov/FACA/FACA number and listen to the meeting. on Civil Rights (Commission) and the PublicViewCommitteeDetails?id= Callers can expect to incur charges for Federal Advisory Committee Act a10t0000001gzlJAAQ. calls they initiate over wireless lines, (FACA) that the Nevada Advisory Please click on the ‘‘Committee and the Commission will not refund any Committee (Committee) to the Meetings’’ tab. Records generated from incurred charges. Callers will incur no Commission will hold a web hearing these meetings may also be inspected charge for calls they initiate over land- from 12:00 p.m. to 2:30 p.m. (PST) on and reproduced at the Regional line connections to the toll-free Wednesday, March 3, 2021. The Programs Unit, as they become telephone number. Persons with hearing purpose of the hearing is to hear available, both before and after the impairments may also follow the testimony examining equity in meetings. Persons interested in the work proceedings by first calling the Federal education through distance learning of this Committee are directed to the Relay Service at 1–800–877–8339 and during the COVID–19 pandemic, Commission’s website, https:// providing the Service with the especially among students in K–16 www.usccr.gov, or may contact the conference call number and conference schools with disabilities and students of Regional Programs Unit at the above ID number. color. This is a first in a series of web email or street address. Members of the public are entitled to make comments during the open period hearings focused on this topic. Meeting Agenda materials and presentations will be at the end of the meeting. Members of I. Opening Remarks (12:00–12:15 p.m.) the public may also submit written available before and after the event at II. Speaker Presentations (12:15–1:15 http://bit.ly/NVSAC2021. comments; the comments must be p.m.) received in the Regional Programs Unit DATES: Wednesday, March 3, 2021 from III. Q & A (1:15–2:10 p.m.) within 30 days following the meeting. 12:00 p.m. to 2:30 p.m. (PST) IV. Public Comment (2:10–2:25 p.m.) Written comments may be mailed to the Public Call-In Information (audio V. Closing Remarks (2:25–2:30 p.m.) Western Regional Office, U.S. only): Dial: (800) 360–9505, Access Dated: January 26, 2021. Commission on Civil Rights, 300 North code: 199 761 5903. David Mussatt, Los Angeles Street, Suite 2010, Los Web Access Information (visual only): Supervisory Chief, Regional Programs Unit. Angeles, CA 90012 or email Ana The online portion of the meeting may [FR Doc. 2021–02025 Filed 1–29–21; 8:45 am] Victoria Fortes at [email protected]. be accessed through the following link Records and documents discussed Webex: http://bit.ly/NVSAC3321. BILLING CODE P during the meeting will be available for FOR FURTHER INFORMATION CONTACT: Ana public viewing prior to and after the Victoria Fortes, Designated Federal COMMISSION ON CIVIL RIGHTS meeting at https://www.facadatabase. Officer (DFO) at [email protected] or by gov/FACA/FACAPublicViewC Committee phone at (202) 681–0857. Notice of Public Meeting of the Nevada Details?id=a10t0000001gzlJAAQ. SUPPLEMENTARY INFORMATION: This Advisory Committee Records generated from this meeting meeting is available to the public AGENCY: U.S. Commission on Civil may also be inspected and reproduced through the following toll-free call-in Rights. at the Regional Programs Unit, as they number: 800–360–9505, Access code: become available, both before and after ACTION: Announcement of meeting. 199 761 5903. Any interested member of the meeting. Persons interested in the

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7692 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

work of this Committee are directed to 199 068 5392. Any interested member of DEPARTMENT OF COMMERCE the Commission’s website, http:// the public may call this number and www.usccr.gov, or may contact the listen to the meeting. Callers can expect Census Bureau Regional Programs Unit at the above to incur charges for calls they initiate Agency Information Collection email or street address. over wireless lines, and the Commission Activities; Submission to the Office of will not refund any incurred charges. Agenda Management and Budget (OMB) for Callers will incur no charge for calls Review and Approval; Comment I. Welcome they initiate over land-line connections II. Planning Discussion for Web Request; Household Pulse Survey to the toll-free telephone number. Hearings III. Public Comment Persons with hearing impairments may On October 31, 2020, the Department IV. Adjournment also follow the proceedings by first of Commerce received clearance from calling the Federal Relay Service at 1– the Office of Management and Budget Dated: January 26, 2021. 800–877–8339 and providing the (OMB) in accordance with the David Mussatt, Service with the conference call number Paperwork Reduction Act of 1995 to Supervisory Chief, Regional Programs Unit. and conference ID number. conduct the Household Pulse Survey [FR Doc. 2021–02030 Filed 1–29–21; 8:45 am] (OMB No. 0607–1013, Exp. 10/31/23). Members of the public are entitled to BILLING CODE P The Household Pulse Survey was make comments during the open period designed to meet a need for timely at the end of the meeting. Members of information associated with household COMMISSION ON CIVIL RIGHTS the public may also submit written experiences during the Covid-19 comments; the comments must be pandemic. Notice of Public Meeting of the Nevada received in the Regional Programs Unit The Department is committed to Advisory Committee within 30 days following the meeting. ensuring that the data collected by the AGENCY: U.S. Commission on Civil Written comments may be mailed to the Household Pulse Survey continue to Rights. Western Regional Office, U.S. meet information needs as they may Commission on Civil Rights, 300 North evolve over the course of the pandemic. ACTION: Announcement of web hearing. Los Angeles Street, Suite 2010, Los This notice serves to inform of the SUMMARY: Notice is hereby given, Angeles, CA 90012 or email Ana Department’s intent to request clearance pursuant to the provisions of the rules Victoria Fortes at [email protected]. from OMB to make some revisions to the Household Pulse Survey and regulations of the U.S. Commission Records and documents discussed questionnaire. To ensure public burden on Civil Rights (Commission) and the during the meeting will be available for is not increased, the revisions would Federal Advisory Committee Act public viewing prior to and after the (FACA) that the Nevada Advisory reflect the removal of questions for meeting at https://www.facadatabase Committee (Committee) to the which utility has declined over time, .gov/FACA/FACAPublicViewCommittee Commission will hold a web hearing and the addition of topics based on from 12:00 p.m. to 2:30 p.m. (PST) on Details?id=a10t0000001gzlJAAQ. public comment previously received Wednesday, March 31, 2021. The Please click on the ‘‘Committee and in consult with other Federal purpose of the hearing is to hear Meetings’’ tab. Records generated from agencies. New questions would relate to testimony examining equity in these meetings may also be inspected disability, child health access, education through distance learning and reproduced at the Regional telehealth and childcare. In addition, during the COVID–19 pandemic, Programs Unit, as they become given the time-critical circumstances, especially among students in K–16 available, both before and after the questions on intention to receive the schools with disabilities and students of meetings. Persons interested in the work Covid-19 vaccine were added via a color. This the second in a series of web of this Committee are directed to the request approved by OMB on December hearings focused on this topic. Meeting Commission’s website, https:// 30, 2020 to coincide with the materials and presentations will be www.usccr.gov, or may contact the availability of vaccines; questions available before and after the event at Regional Programs Unit at the above previously approved by OMB relating to http://bit.ly/NVSAC2021. email or street address. the economic stimulus payments were DATES: Wednesday, March 31, 2021 also released into production once from 12:00 p.m. to 2:30 p.m. (PST). Agenda payments began to be issued. ADDRESSES: It is the Department’s intention to I. Opening Remarks (12:00–12:15 p.m.) commence data collection using the Public Call-In Information (audio only): II. Speaker Presentations (12:15–1:15 revised instrument on or about March 1, Dial: (800) 360–9505, Access code: 2021. The Department invites the 199 068 5392 p.m.) general public and other Federal Web Access Information (visual only): III. Q & A (1:15–2:10 p.m.) agencies to comment on proposed, and The online portion of the meeting IV. Public Comment (2:10–2:25 p.m.) continuing information collections, may be accessed through the which helps us assess the impact of our following link Webex: http://bit.ly/ V. Closing Remarks (2:25–2:30 p.m.) information collection requirements and NVSAC33121 Dated: January 26, 2021. minimize the public’s reporting burden. FOR FURTHER INFORMATION CONTACT: Ana David Mussatt, Public comments were previously Victoria Fortes, Designated Federal Supervisory Chief, Regional Programs Unit. sought on the Household Pulse Survey Officer (DFO) at [email protected] or by [FR Doc. 2021–02026 Filed 1–29–21; 8:45 am] via the Federal Register on May 19, phone at (202) 681–0857. BILLING CODE 6335–01–P 2020 and again on June 3, 2020. This SUPPLEMENTARY INFORMATION: This notice allows for an additional 30 days meeting is available to the public for public comments on the proposed through the following toll-free call-in revisions. number: 800–360–9505, Access code: Agency: U.S. Census Bureau.

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7693

Title: Household Pulse Survey. public/do/PRAMain. Find this the ‘‘Regulations’’). 15 CFR 766.25.2 BIS OMB Control Number: 0607–1013. particular information collection by has not received a written submission Form Number(s): None. selecting ‘‘Currently under 30-day from Hamade. Type of Request: Request for a Review—Open for Public Comments’’ or Based upon my review of the record Revision of a Currently Approved by using the search function and and consultations with BIS’s Office of Collection. entering either the title of the collection Exporter Services, including its Number of Respondents: 3,150,000. or the OMB Control Number 0607–1013. Director, and the facts available to BIS, Average Hours per Response: 20 I have decided to deny Hamade’s export minutes. Sheleen Dumas, privileges under the Regulations for a Burden Hours: 1,039,500. Department PRA Clearance Officer, Office of period of 10 years from the date of Needs and Uses: Data produced by the Chief Information Officer, Commerce Hamade’s conviction. I have also Department. the Household Pulse Survey are decided to revoke any BIS-issued designed to inform on a range of topics [FR Doc. 2021–02076 Filed 1–29–21; 8:45 am] licenses in which Hamade had an related to households’ experiences BILLING CODE 3510–07–P interest at the time of his conviction.3 during the Covid-19 pandemic. Topics Accordingly, it is hereby ordered: to date have included employment, First, from the date of this Order until facility to telework, travel patterns, DEPARTMENT OF COMMERCE April 27, 2030, Issam Hamade, with a income loss, spending patterns, food last known address of Beirut, Galerie Bureau of Industry and Security and housing security, access to benefits, Semaan, Behind Karout Mall, Kalaa mental health and access to care, and In the Matter of: Issam Hamade, Beirut, Building 3rd Floor, Beirut, Lebanon, educational disruption (K–12 and post- and when acting for or on his behalf, his secondary). The requested revision, if Galerie Semaan, Behind Karout Mall, Kalaa Building 3rd Floor, Beirut, successors, assigns, employees, agents approved by OMB, will remove selected or representatives (‘‘the Denied items from the questions for which Lebanon; Order Denying Export Privileges Person’’), may not directly or indirectly utility has declined and add questions participate in any way in any based on information needs expressed transaction involving any commodity, via public comment and in consult with On April 27, 2020, in the U.S. District Court for the District of Minnesota, software or technology (hereinafter other Federal agencies. The overall collectively referred to as ‘‘item’’) burden to the public will remain Issam Hamade (‘‘Hamade’’), was convicted of violating 18 U.S.C. 371. exported or to be exported from the unchanged. The new items relate to United States that is subject to the disability, child health access, Specifically, Hamade was convicted of conspiring to export parts and Regulations, including, but not limited telehealth and childcare; additionally, to: questions on individuals’ intention to technology from the United States to Lebanon, and specifically to Hizballah, A. Applying for, obtaining, or using receive the Covid-19 vaccine were any license, license exception, or export added with OMB’s approval on for among other purposes, inclusion in unmanned aerial vehicles, without control document; December 30, 2020, and questions B. Carrying on negotiations previously approved regarding obtaining the required export licenses under the Export Administration concerning, or ordering, buying, economic stimulus payments were receiving, using, selling, delivering, launched into production once Regulations or under the International Traffic in Arms Regulations. Hamade storing, disposing of, forwarding, payments began to be issued. transporting, financing, or otherwise The Household Pulse Survey was was sentenced to time served and a servicing in any way, any transaction initially launched in April, 2020 as an $100 special assessment. involving any item exported or to be experimental project (see https:// Pursuant to Section 1760(e) of the exported from the United States that is www.census.gov/data/experimental- 1 Export Control Reform Act (‘‘ECRA’’), subject to the Regulations, or engaging data-products.html) under emergency the export privileges of any person who in any other activity subject to the clearance from the Office of has been convicted of certain offenses, Regulations; or Management and Budget (OMB) initially including, but not limited to, 18 U.S.C. granted April 19, 2020; regular 371, may be denied for a period of up 2 The Regulations are currently codified in the clearance was subsequently sought and to ten (10) years from the date of his/her Code of Federal Regulations at 15 CFR Parts 730– approved by OMB on October 30, 2020 conviction. 50 U.S.C. 4819(e) (Prior 774 (2020). The Regulations originally issued under (OMB No. 0607–1013; Exp. 10/30/2023). Convictions). In addition, any Bureau of the Export Administration Act of 1979, as amended, Affected Public: Households. Industry and Security (BIS) licenses or 50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘EAA’’), Frequency: Households will be which lapsed on August 21, 2001. The President, other authorizations issued under through Executive Order 13,222 of August 17, 2001 selected once to participate in a 20- ECRA, in which the person had an (3 CFR, 2001 Comp. 783 (2002)), which was minute survey. interest at the time of the conviction, extended by successive Presidential Notices, Respondent’s Obligation: Voluntary. may be revoked. Id. continued the Regulations in full force and effect Legal Authority: Title 13, United under the International Emergency Economic States Code, Sections 8(b), 182 and 196. BIS received notice of Hamade’s Powers Act, 50 U.S.C. 1701, et seq. (2012) conviction for violating 18 U.S.C. 371, (‘‘IEEPA’’). Section 1768 of ECRA, 50 U.S.C. 4826, This information collection request provides in pertinent part that all rules and may be viewed at www.reginfo.gov. and has provided notice and regulations that were made or issued under the Follow the instructions to view the opportunity for Hamade to make a EAA, including as continued in effect pursuant to Department of Commerce collections written submission to BIS, as provided IEEPA, and were in effect as of ECRA’s date of in Section 766.25 of the Export enactment (August 13, 2018), shall continue in currently under review by OMB. effect according to their terms until modified, Written comments and Administration Regulations (‘‘EAR’’ or superseded, set aside, or revoked through action recommendations for the proposed undertaken pursuant to the authority provided information collection should be 1 ECRA was enacted as part of the John S. McCain under ECRA. See note 1 above. National Defense Authorization Act for Fiscal Year 3 The Director, Office of Export Enforcement, is submitted within 30 days of the 2019, and as amended is codified at 50 U.S.C. now the authorizing official for issuance of denial publication of this notice on the 4801–4852. Hamade’s conviction post-dates ECRA’s orders, pursuant to recent amendments to the following website www.reginfo.gov/ enactment on August 13, 2018. Regulations (85 FR 73411, November 18, 2020).

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7694 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

C. Benefitting in any way from any provisions of Part 756 of the Matters to be Considered: The transaction involving any item exported Regulations. FirstNet Authority will post a detailed or to be exported from the United States Fifth, a copy of this Order shall be agenda for the Combined Board and that is subject to the Regulations, or delivered to Hamade and shall be Board Committees Meeting on from any other activity subject to the published in the Federal Register. FirstNet.gov prior to the meeting. The Regulations. Sixth, this Order is effective agenda topics are subject to change. Second, no person may, directly or immediately and shall remain in effect Please note that the subjects discussed indirectly, do any of the following: until April 27, 2030. by the Board and Board Committees A. Export or reexport to or on behalf Issued this 25 day of January, 2021. may involve commercial or financial of the Denied Person any item subject to John Sonderman, information that is privileged or the Regulations; Director, Office of Export Enforcement. confidential, or other legal matters B. Take any action that facilitates the affecting the FirstNet Authority. As [FR Doc. 2021–02068 Filed 1–29–21; 8:45 am] acquisition or attempted acquisition by such, the Board may, by majority vote, the Denied Person of the ownership, BILLING CODE 3510–DT–P close the meeting only for the time possession, or control of any item necessary to preserve the confidentiality subject to the Regulations that has been DEPARTMENT OF COMMERCE of such information, pursuant to 47 or will be exported from the United U.S.C. 1424(e)(2). States, including financing or other National Telecommunications and Other Information: The Combined support activities related to a Information Administration Board and Board Committees Meeting is transaction whereby the Denied Person accessible to people with disabilities. acquires or attempts to acquire such First Responder Network Authority Individuals requiring accommodations, ownership, possession or control; such as sign language interpretation or C. Take any action to acquire from or Combined Board and Board other ancillary aids, are asked to notify to facilitate the acquisition or attempted Committees Meeting Janell Smith at (202) 257–5929 or email: acquisition from the Denied Person of [email protected] at least five AGENCY: First Responder Network any item subject to the Regulations that (5) business days (February 3) before the Authority (FirstNet Authority), National has been exported from the United meeting. Telecommunications and Information States; Records: The FirstNet Authority Administration (NTIA), U.S. D. Obtain from the Denied Person in maintains records of all Board Department of Commerce. the United States any item subject to the proceedings. Minutes of the Combined Regulations with knowledge or reason ACTION: Announcement of meeting. Board and Board Committees Meeting will be available on FirstNet.gov. to know that the item will be, or is SUMMARY: The FirstNet Authority Board intended to be, exported from the will convene an open public meeting of Dated: January 25, 2021. United States; or the Board and Board Committees. Janell Smith, E. Engage in any transaction to service DATES: February 10, 2021; 11:00 a.m. to Board Secretary, First Responder Network any item subject to the Regulations that 1:00 p.m. Eastern Standard Time (EST); Authority. has been or will be exported from the WebEx. [FR Doc. 2021–01999 Filed 1–29–21; 8:45 am] United States and which is owned, BILLING CODE P possessed or controlled by the Denied ADDRESSES: The public meeting will be Person, or service any item, of whatever conducted via WebEx. Members of the public may listen to the meeting and origin, that is owned, possessed or DEPARTMENT OF COMMERCE controlled by the Denied Person if such view the slide presentation by visiting service involves the use of any item the URL: https:// Foreign-Trade Zones Board subject to the Regulations that has been stream2.sparkstreetdigital.com/ or will be exported from the United 20210210-firstnet.html?id=20210210- [B–03–2021] States. For purposes of this paragraph, firstnet. WebEx information can also be found on the FirstNet Authority website Foreign-Trade Zone (FTZ) 38— servicing means installation, Charleston, South Carolina; maintenance, repair, modification or (FirstNet.gov). FOR FURTHER INFORMATION CONTACT: Notification of Proposed Production testing. Activity; BMW Manufacturing Third, pursuant to Section 1760(e) of General Information: Janell Smith, (202) 257–5929, Janell.Smith@ Company, LLC (Passenger Motor the Export Control Reform Act (50 Vehicles); Spartanburg, South Carolina U.S.C. 4819(e)) and Sections 766.23 and FirstNet.gov. 766.25 of the Regulations, any other Media Inquiries: Ryan Oremland, BMW Manufacturing Company, LLC person, firm, corporation, or business (571) 665–6186, Ryan.Oremland@ (BMW MC) submitted a notification of organization related to Hamade by FirstNet.gov. proposed production activity to the FTZ ownership, control, position of SUPPLEMENTARY INFORMATION: Board for its facility in Spartanburg, responsibility, affiliation, or other Background: The Middle Class Tax South Carolina. The notification connection in the conduct of trade or Relief and Job Creation Act of 2012 conforming to the requirements of the business may also be made subject to (codified at 47 U.S.C. 1401 et seq.) (Act) regulations of the FTZ Board (15 CFR the provisions of this Order in order to established the FirstNet Authority as an 400.22) was received on January 21, prevent evasion of this Order. independent authority within NTIA. 2021. Fourth, in accordance with Part 756 of The Act directs the FirstNet Authority BMW MC already has authority to the Regulations, Hamade may file an to ensure the building, deployment, and produce gasoline and diesel-powered appeal of this Order with the Under operation of a nationwide Interoperable motor vehicles, motor vehicle bodies, Secretary of Commerce for Industry and Public Safety Broadband Network. The stamped body parts, and lithium ion Security. The appeal must be filed FirstNet Authority Board is responsible batteries within Subzone 38A. The within 45 days from the date of this for making strategic decisions regarding current request would add a foreign- Order and must comply with the the FirstNet Authority’s operations. status component to the scope of

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7695

authority. Pursuant to 15 CFR 400.14(b), behalf of Teijin Carbon Fibers, Inc. interest at the time of the conviction, additional FTZ authority would be (TCF) in Greenwood, South Carolina, may be revoked. Id. limited to the specific foreign-status submitted by the South Carolina State BIS received notice of Trevizo’s component described in the submitted Ports Authority. On December 17, 2020, conviction for violating 18 U.S.C. 371, notification (as described below) and the Board published a notice inviting and has provided notice and subsequently authorized by the FTZ public comment on TCF’s submission opportunity for Trevizo to make a Board. dated November 10, 2020 (see 85 FR written submission to BIS, as provided Production under FTZ procedures 81875, December 17, 2020). In that in Section 766.25 of the Export could exempt BMW MC from customs notice, the Board allowed for Administration Regulations (‘‘EAR’’ or duty payments on the foreign-status submission of comments until January the ‘‘Regulations’’). 15 CFR 766.25.2 BIS component used in export production. 19, 2021, and for submission of rebuttal has not received a written submission On its domestic sales, for the foreign- comments until February 1, 2021. In from Trevizo. status component noted below, BMW response to a request from TCF, the Based upon my review of the record MC would be able to choose the duty Board is now extending the current and consultations with BIS’s Office of rate during customs entry procedures period for submission of rebuttal Exporter Services, including its that applies to passenger motor vehicles comments until February 16, 2021. Director, and the facts available to BIS, (duty rate 2.5%). BMW MC would be Submissions shall be addressed to the I have decided to deny Trevizo’s export able to avoid duty on foreign-status Board’s Executive Secretary and sent to: privileges under the Regulations for a components which become scrap/waste. [email protected]. period of 10 years from the date of Customs duties also could possibly be Trevizo’s conviction. I have also For further information, contact Diane decided to revoke any BIS-issued deferred or reduced on foreign-status Finver at [email protected] or production equipment. licenses in which Trevizo had an (202) 482–1367. 3 The component sourced from abroad interest at the time of her conviction. is electronic toll collection systems Dated: January 27, 2021. Accordingly, it is hereby ordered: First, from the date of this Order until (duty-free). The request indicates that Andrew McGilvray, April 30, 2029, Irma Lizette Trevizo, electronic toll collection systems are Executive Secretary. with a last known address of Inmate subject to Section 301 of the Trade Act [FR Doc. 2021–02086 Filed 1–29–21; 8:45 am] Number: 20474–480, FCI Victorville of 1974 (Section 301), depending on the BILLING CODE 3510–DS–P Medium II, P.O. Box 3850, Adelanto, CA country of origin. The applicable 92301, and when acting for or on her Section 301 decisions require subject behalf, her successors, assigns, DEPARTMENT OF COMMERCE merchandise to be admitted to FTZs in employees, agents or representatives privileged foreign status (19 CFR Bureau of Industry and Security (‘‘the Denied Person’’), may not directly 146.41). or indirectly participate in any way in Public comment is invited from In the Matter of: Irma Lizette Trevizo, any transaction involving any interested parties. Submissions shall be commodity, software or technology addressed to the Board’s Executive Inmate Number: 20474–480, FCI Victorville Medium II, P.O. Box 3850, (hereinafter collectively referred to as Secretary and sent to: [email protected]. The ‘‘item’’) exported or to be exported from closing period for their receipt is March Adelanto, CA 92301; Order Denying Export Privileges the United States that is subject to the 15, 2021. Regulations, including, but not limited A copy of the notification will be to: available for public inspection in the On April 30, 2019, in the U.S. District Court for the Western District of Texas, A. Applying for, obtaining, or using ‘‘Reading Room’’ section of the Board’s any license, license exception, or export website, which is accessible via Irma Lizette Trevizo (‘‘Trevizo’’), was convicted of violating 18 U.S.C. 371. control document; www.trade.gov/ftz. B. Carrying on negotiations For further information, contact Specifically, Trevizo was convicted of knowingly and willfully conspiring to concerning, or ordering, buying, Christopher Wedderburn at receiving, using, selling, delivering, [email protected]. smuggle firearms and ammunition from the United States to Mexico. Trevizo Dated: January 26, 2021. 2 The Regulations are currently codified in the was sentenced to 24 months in prison, Code of Federal Regulations at 15 CFR Parts 730– Andrew McGilvray, supervised release for two years and a 774 (2020). The Regulations originally issued under Executive Secretary. $100 special assessment. the Export Administration Act of 1979, as amended, [FR Doc. 2021–02040 Filed 1–29–21; 8:45 am] 50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘EAA’’), Pursuant to Section 1760(e) of the which lapsed on August 21, 2001. The President, BILLING CODE 3510–DS–P Export Control Reform Act (‘‘ECRA’’),1 through Executive Order 13,222 of August 17, 2001 the export privileges of any person who (3 CFR, 2001 Comp. 783 (2002)), which was has been convicted of certain offenses, extended by successive Presidential Notices, DEPARTMENT OF COMMERCE continued the Regulations in full force and effect including, but not limited to, 18 U.S.C. under the International Emergency Economic Foreign-Trade Zones Board 371, may be denied for a period of up Powers Act, 50 U.S.C. 1701, et seq. (2012) to ten (10) years from the date of his/her (‘‘IEEPA’’). Section 1768 of ECRA, 50 U.S.C. 4826, [B–52–2020] provides in pertinent part that all rules and conviction. 50 U.S.C. 4819(e) (Prior regulations that were made or issued under the Convictions). In addition, any Bureau of EAA, including as continued in effect pursuant to Foreign-Trade Zone (FTZ) 38— Industry and Security (BIS) licenses or IEEPA, and were in effect as of ECRA’s date of Spartanburg County, South Carolina; other authorizations issued under enactment (August 13, 2018), shall continue in Application for Production Authority; ECRA, in which the person had an effect according to their terms until modified, Teijin Carbon Fibers, Inc.; Extension of superseded, set aside, or revoked through action Rebuttal Comment Period undertaken pursuant to the authority provided 1 ECRA was enacted as part of the John S. McCain under ECRA. See note 1 above. National Defense Authorization Act for Fiscal Year 3 The Director, Office of Export Enforcement, is The FTZ Board (the Board) is 2019, and as amended, is codified at 50 U.S.C. now the authorizing official for issuance of denial currently reviewing an application for 4801–4852. Trevizo’s conviction post-dates ECRA’s orders, pursuant to recent amendments to the production authority within FTZ 38 on enactment on August 13, 2018. Regulations (85 FR 73411, November 18, 2020).

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7696 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

storing, disposing of, forwarding, Fourth, in accordance with Part 756 of during the meeting and for auxiliary transporting, financing, or otherwise the Regulations, Trevizo may file an aids, or to submit written comments for servicing in any way, any transaction appeal of this Order with the Under dissemination prior to the meeting, is involving any item exported or to be Secretary of Commerce for Industry and 5:00 p.m. EST on Friday, February 19, exported from the United States that is Security. The appeal must be filed 2021. subject to the Regulations, or engaging within 45 days from the date of this ADDRESSES: The meeting will be held in any other activity subject to the Order and must comply with the virtually. The access information will be Regulations; or provisions of Part 756 of the provided by email to registrants. C. Benefitting in any way from any Regulations. Requests to register (including to transaction involving any item exported Fifth, a copy of this Order shall be speak or for auxiliary aids) and any or to be exported from the United States delivered to Trevizo and shall be written comments should be submitted that is subject to the Regulations, or published in the Federal Register. by email to [email protected]. from any other activity subject to the Sixth, this Order is effective FOR FURTHER INFORMATION CONTACT: Regulations. immediately and shall remain in effect Jennifer Aguinaga, the United States Second, no person may, directly or until April 30, 2029. Travel and Tourism Advisory Board, indirectly, do any of the following: Issued this 25th day of January, 2021. National Travel and Tourism Office, A. Export or reexport to or on behalf John Sonderman, U.S. Department of Commerce; of the Denied Person any item subject to Director, Office of Export Enforcement. telephone: 202–482–2404; email: the Regulations; [FR Doc. 2021–02067 Filed 1–29–21; 8:45 am] [email protected]. B. Take any action that facilitates the BILLING CODE 3510–DT–P SUPPLEMENTARY INFORMATION: acquisition or attempted acquisition by Background: The Board advises the the Denied Person of the ownership, Secretary of Commerce on matters possession, or control of any item DEPARTMENT OF COMMERCE relating to the U.S. travel and tourism subject to the Regulations that has been industry. or will be exported from the United International Trade Administration Public Participation: The meeting will States, including financing or other be open to the public and will be Rescheduling of Meeting of the United support activities related to a accessible to people with disabilities. States Travel and Tourism Advisory transaction whereby the Denied Person Any member of the public requesting to Board acquires or attempts to acquire such join the meeting is asked to register in ownership, possession or control; AGENCY: United States Travel and advance by the deadline identified C. Take any action to acquire from or Tourism Advisory Board, International under the DATES caption. Requests for to facilitate the acquisition or attempted Trade Administration, U.S. Department auxiliary aids must be submitted by the acquisition from the Denied Person of of Commerce. registration deadline. Last minute any item subject to the Regulations that ACTION: Notice of new date/time for requests will be accepted but may not be has been exported from the United public meeting, previously scheduled possible to fill. There will be fifteen (15) States; for February 10, 2021, 3:00 p.m.–4:00 minutes allotted for oral comments from D. Obtain from the Denied Person in p.m. EST. members of the public joining the the United States any item subject to the meeting. To accommodate as many Regulations with knowledge or reason SUMMARY: The International Trade speakers as possible, the time for public to know that the item will be, or is Administration is announcing a new comments may be limited to three (3) intended to be, exported from the date/time for the United States Travel minutes per person. Members of the United States; or and Tourism Advisory Board (Board or public wishing to reserve speaking time E. Engage in any transaction to service TTAB) meeting; the meeting is now during the meeting must submit a any item subject to the Regulations that scheduled for February 26, 2021. Please request at the time of registration, as has been or will be exported from the note that this meeting was originally well as the name and address of the United States and which is owned, scheduled for Wednesday, February 10, proposed speaker. If the number of possessed or controlled by the Denied 2021, notice of which was published in registrants requesting to make Person, or service any item, of whatever the Federal Register on January 21, statements is greater than can be origin, that is owned, possessed or 2021. The Board advises the Secretary of reasonably accommodated during the controlled by the Denied Person if such Commerce (Secretary) on matters meeting, the International Trade service involves the use of any item relating to the U.S. travel and tourism Administration may conduct a lottery to subject to the Regulations that has been industry. The purpose of the meeting is determine the speakers. Speakers are or will be exported from the United for Board members to discuss and requested to submit a written copy of States. For purposes of this paragraph, potentially adopt a letter to the their prepared remarks by 5:00 p.m. EST servicing means installation, Secretary recommending priorities in on Friday, February 19, 2021, for maintenance, repair, modification or travel and tourism that should be inclusion in the meeting records and for testing. addressed to support the recovery and circulation to the members of the Board. Third, pursuant to Section 1760(e) of growth of the sector and restore foreign In addition, any member of the public ECRA (50 U.S.C. 4819(e)) and Sections travel to the United States. The final may submit pertinent written comments 766.23 and 766.25 of the Regulations, agenda will be posted on the concerning the Board’s affairs at any any other person, firm, corporation, or Department of Commerce website for time before or after the meeting. business organization related to Trevizo the Board at https://www.trade.gov/ttab- Comments may be submitted to Jennifer by ownership, control, position of meetings at least one week in advance Aguinaga at the contact information responsibility, affiliation, or other of the meeting. indicated above. To be considered connection in the conduct of trade or DATES: Friday, February 26, 2021, 3:00 during the meeting, comments must be business may also be made subject to p.m.–4:00 p.m. EST. The deadline for received no later than 5:00 p.m. EST on the provisions of this Order in order to members of the public to register, Friday, February 19, 2021, to ensure prevent evasion of this Order. including requests to make comments transmission to the Board prior to the

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7697

meeting. Comments received after that as amended (the Act), and 19 CFR Notification Regarding Administrative date and time will be distributed to the 351.213(b), Commerce published in the Protective Order members but may not be considered Federal Register a notice of initiation of This notice also serves as a reminder during the meeting. Copies of Board an administrative review of the to parties subject to administrative meeting minutes will be available antidumping duty order on glycine from protective order (APO) of their within 90 days of the meeting. Thailand covering Newtrend during the responsibility concerning the period August 5, 2019, through disposition of proprietary information Jennifer Aguinaga, 4 September 30, 2020. On January 12, disclosed under APO in accordance Designated Federal Officer, United States 2021, the petitioner withdrew its Travel and Tourism Advisory Board. with 19 CFR 351.305(a)(3). Timely request for an administrative review written notification of the return or [FR Doc. 2021–01990 Filed 1–29–21; 8:45 am] with respect to Newtrend.5 BILLING CODE 3510–DR–P destruction of APO materials, or Rescission of Administrative Review conversion to judicial protective order is Pursuant to 19 CFR 351.213(d)(1), hereby requested. Failure to comply DEPARTMENT OF COMMERCE Commerce will rescind an with the regulations and terms of an APO is a violation which is subject to International Trade Administration administrative review, in whole or in part, if the party that requested the sanction. [A–549–837] review withdraws its request within 90 This notice is issued and published in days of the date of publication of the accordance with sections 751(a)(1) and Glycine From Thailand: Rescission of notice of initiation of the requested 777(i)(1) of the Act and 19 CFR Antidumping Duty Administrative review. As noted above, the petitioner 351.213(d)(4). Review; 2019–2020 timely withdrew its review request by Dated: January 27, 2021. AGENCY: Enforcement and Compliance, the 90-day deadline, and no other party James Maeder, International Trade Administration, requested an administrative review of Deputy Assistant Secretary for Antidumping Department of Commerce. the antidumping duty order. Therefore, and Countervailing Duty Operations. SUMMARY: The Department of Commerce in accordance with 19 CFR [FR Doc. 2021–02083 Filed 1–29–21; 8:45 am] (Commerce) is rescinding the 351.213(d)(1), we are rescinding the BILLING CODE 3510–DS–P administrative review of the administrative review of the antidumping duty order on glycine from antidumping duty order on glycine from Thailand for the period August 5, 2019, Thailand for the period August 5, 2019, DEPARTMENT OF COMMERCE through September 30, 2020, in its through September 30, 2020, based on International Trade Administration the timely withdrawal of the request for entirety. review. Assessment Antidumping or Countervailing Duty DATES: Applicable February 1, 2021. Commerce will instruct U.S. Customs Order, Finding, or Suspended FOR FURTHER INFORMATION CONTACT: and Border Protection (CBP) to assess Investigation; Advance Notification of Brian Smith or Alexis Cherry, AD/CVD antidumping duties on all appropriate Sunset Review Operations, Office VIII, Enforcement entries of glycine from Thailand at a rate AGENCY: Enforcement and Compliance, and Compliance, International Trade equal to the cash deposit of estimated International Trade Administration, Administration, Department of antidumping duties required at the time Department of Commerce. Commerce, 1401 Constitution Avenue of entry, or withdrawal from warehouse, NW, Washington, DC 20230; telephone: for consumption, during the period Background 202–482–1766 or (202) 482–0607, August 5, 2019, through September 30, Every five years, pursuant to the Tariff respectively. 2020, in accordance with 19 CFR Act of 1930, as amended (the Act), the SUPPLEMENTARY INFORMATION: 351.212(c)(1)(i). Commerce intends to Department of Commerce (Commerce) issue assessment instructions to CBP no and the International Trade Commission Background earlier than 35 days after the date of automatically initiate and conduct On October 1, 2020, Commerce publication of this rescission notice in reviews to determine whether published a notice of opportunity to the Federal Register. revocation of a countervailing or request an administrative review of the antidumping duty order or termination Notification to Importers antidumping duty order on glycine from of an investigation suspended under Thailand for the period August 5, 2019, This notice serves as a final reminder section 704 or 734 of the Act would be through September 30, 2020.1 On to importers of their responsibility likely to lead to continuation or November 2, 2020, the petitioner 2 filed under 19 CFR 351.402(f)(2) to file a recurrence of dumping or a a timely request for review with respect certificate regarding the reimbursement countervailable subsidy (as the case may to one company, Newtrend Food of antidumping duties prior to be) and of material injury. Ingredient (Thailand) Co., Ltd. liquidation of the relevant entries (Newtrend).3 Commerce received no during this review period. Failure to Upcoming Sunset Reviews for March other requests for an administrative comply with this requirement could 2021 review of the antidumping duty order. result in Commerce’s presumption that Pursuant to section 751(c) of the Act, Based on the petitioner’s request, on reimbursement of antidumping duties the following Sunset Reviews are December 8, 2020, in accordance with occurred and the subsequent assessment scheduled for initiation in March 2021 section 751(a) of the Tariff Act of 1930, of doubled antidumping duties. and will appear in that month’s Notice

1 See Antidumping or Countervailing Duty Order, 3 See Petitioner’s Letter, ‘‘Glycine from Thailand 5 See Petitioner’s Letter, ‘‘Glycine from Thailand Finding, or Suspended Investigation; Opportunity (A–549–837): Request for Administrative Review,’’ (A–549–837): Withdrawal of Request for To Request Administrative Review, 85 FR 61926 dated November 2, 2020. Administrative Review,’’ dated January 12, 2021. (October 1, 2020). 4 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 2 The petitioner is GEO Specialty Chemicals, Inc. 78990 (December 8, 2020) (Initiation Notice).

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7698 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

of Initiation of Five-Year Sunset Reviews (Sunset Review).

Department contact

Antidumping Duty Proceedings Pressure Sensitive Plastic Tape from Italy A–475–059 (5th Review) ...... Mary Kolberg, (202) 482–1785. Countervailing Duty Proceedings No Sunset Review of countervailing duty orders is scheduled for initiation in March 2021. Suspended Investigations No Sunset Review of suspended investigations is scheduled for initiation in March 2021.

Commerce’s procedures for the DEPARTMENT OF COMMERCE events that followed the initiation of conduct of Sunset Review are set forth this investigation, see the Preliminary in 19 CFR 351.218. The Notice of International Trade Administration Decision Memorandum.3 A list of topics Initiation of Five-Year (Sunset) Review [A–552–831] included in the Preliminary Decision provides further information regarding Memorandum is included as Appendix what is required of all parties to Seamless Refined Copper Pipe and II to this notice. The Preliminary participate in Sunset Review. Tube From the Socialist Republic of Decision Memorandum is a public Vietnam: Preliminary Affirmative document and is on file electronically Pursuant to 19 CFR 351.103(c), Determination of Sales at Less Than via Enforcement and Compliance’s Commerce will maintain and make Fair Value and Preliminary Negative Antidumping and Countervailing Duty available a service list for these Determination of Critical Centralized Electronic Service System proceedings. To facilitate the timely Circumstances (ACCESS). ACCESS is available to preparation of the service list(s), it is registered users at https:// requested that those seeking recognition AGENCY: Enforcement and Compliance, access.trade.gov. In addition, a complete as interested parties to a proceeding International Trade Administration, version of the Preliminary Decision contact Commerce in writing within 10 Department of Commerce. Memorandum can be accessed directly days of the publication of the Notice of SUMMARY: The Department of Commerce at https://enforcement.trade.gov/frn/. Initiation. (Commerce) preliminarily determines The signed and the electronic versions that imports of seamless refined copper Please note that if Commerce receives of the Preliminary Decision pipe and tube (copper pipe and tube) Memorandum are identical in content. a Notice of Intent to Participate from a from the Socialist Republic of Vietnam member of the domestic industry within (Vietnam) are being, or are likely to be, Scope of the Investigation 15 days of the date of initiation, the sold in the United States at less than fair The products covered by this review will continue. value (LTFV). The period of investigation are copper pipe and tube Thereafter, any interested party investigation (POI) is October 1, 2019, from Vietnam. For a full description of wishing to participate in the Sunset through March 31, 2020. Interested the scope of this investigation, see Review must provide substantive parties are invited to comment on this Appendix I. comments in response to the notice of preliminary determination. Scope Comments initiation no later than 30 days after the DATES: Applicable February 1, 2021. In accordance with the preamble to FOR FURTHER INFORMATION CONTACT: date of initiation. Note that Commerce Commerce’s regulations,4 the Initiation Ariela Garvett, AD/CVD Operations, has modified certain of its requirements Notice set aside a period of time for Office IV, Enforcement and Compliance, for serving documents containing parties to raise issues regarding product International Trade Administration, business proprietary information, until coverage (i.e., scope).5 Commerce 1 U.S. Department of Commerce, 1401 further notice. received no comments from interested Constitution Avenue NW, Washington, parties regarding the scope of this This notice is not required by statute DC 20230; telephone: (202) 482–3609. but is published as a service to the investigation. Accordingly, Commerce SUPPLEMENTARY INFORMATION: international trading community. has not modified the scope language as Background it appeared in the Initiation Notice. Dated: January 14, 2021. James Maeder, This preliminary determination is Methodology made in accordance with section 733(b) Deputy Assistant Secretary for Antidumping Commerce is conducting this and Countervailing Duty Operations. of the Tariff Act of 1930, as amended investigation in accordance with section (the Act). Commerce published the [FR Doc. 2021–02077 Filed 1–29–21; 8:45 am] 731 of the Act. Commerce has notice of initiation of this LTFV calculated export prices in accordance BILLING CODE 3510–DS–P investigation on August 4, 2020.1 On November 18, 2020, Commerce Postponement of Preliminary Determination in the postponed the preliminary Less-Than-Fair-Value Investigation, 85 FR 73459 determination of this investigation and (November 18, 2020). the revised deadline is now January 26, 3 See Memorandum, ‘‘Decision Memorandum for 2 the Preliminary Determination in the Less-Than- 2021. For a complete description of the Fair-Value Investigation of Seamless Refined Copper Pipe and Tube from the Socialist Republic 1 See Seamless Refined Copper Pipe and Tube of Vietnam,’’ dated concurrently with, and hereby from the Socialist Republic of Vietnam: Initiation of adopted by, this notice (Preliminary Decision Less-Than-Fair-Value Investigation, 85 FR 47181 Memorandum). 1 See Temporary Rule Modifying AD/CVD Service (August 4, 2020) (Initiation Notice). 4 See Antidumping Duties; Countervailing Duties, Requirements Due to COVID–19; Extension of 2 See Seamless Refined Copper Pipe and Tube Final Rule, 62 FR 27296, 27323 (May 19, 1997). Effective Period, 85 FR 41363 (July 10, 2020). from the Socialist Republic of Vietnam: 5 See Initiation Notice.

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7699

with section 772(a) of the Act. Because CFR 351.206, Commerce preliminary Combination Rates Vietnam is a non-market economy finds that critical circumstances do not 6 within the meaning of section 771(18) of exist for Hailiang (Vietnam) Copper In the Initiation Notice, Commerce the Act, Commerce has calculated Manufacturing Company Limited/ explained that it would calculate normal value (NV) in accordance with Hongkong Hailiang Metal Trading producer/exporter combination rates for section 773(c) of the Act. For a full Limited, for the non-individually the respondents that are eligible for a 7 description of the methodology investigated companies qualifying for a separate rate in this investigation. underlying the preliminary separate rate, and for the Vietnam-wide Preliminary Determination determination, see the Preliminary entity. For a full description of the Decision Memorandum. methodology and results of Commerce’s Commerce preliminarily determines Preliminary Negative Determination of critical circumstances analysis, see the that the following estimated weighted- Critical Circumstances Preliminary Decision Memorandum. average dumping margins exist for the In accordance with sections POI: 733(e)(1)(A)(i) and (ii) of the Act, and 19

Estimated weighted- average Producer Exporter dumping margin (percent)

Hailiang (Vietnam) Copper Manufacturing Company Limited/ Hailiang (Vietnam) Copper Manufacturing Company Limited/ 8.05 Hongkong Hailiang Metal Trading Limited (aka Hong Kong Hongkong Hailiang Metal Trading Limited (aka Hong Kong Hailiang Metal Trading Limited). Hailiang Metal Trading Limited). Jintian Copper Industrial (Vietnam) Company Limited. (aka Jintian Copper Industrial (Vietnam) Company Limited. (aka 8.05 Jintian Copper Industrial (Vietnam) Co., Ltd). Jintian Copper Industrial (Vietnam) Co., Ltd). Toan Phat Copper Tube Joint Stock Company ...... Toan Phat Copper Tube Joint Stock Company ...... 8.05

Vietnam-wide Entity 8.05

Suspension of Liquidation consideration not listed in the table this investigation. Accordingly, we In accordance with section 733(d)(2) above, the cash deposit rate is the cash intend to verify the information relied of the Act, Commerce will direct U.S. deposit rate applicable to the Vietnam upon in making the final determination producer/exporter combination (or the Customs and Border Protection (CBP) to through alternative means in lieu of an Vietnam-wide entity) that supplied that suspend liquidation of entries of subject on-site verification. third-country exporter. These merchandise, as described in Appendix suspension of liquidation instructions Public Comment I, entered, or withdrawn from will remain in effect until further notice. warehouse, for consumption on or after Case briefs or other written comments the date of publication of this notice in Disclosure may be submitted to the Assistant the Federal Register, as discussed Secretary for Enforcement and Commerce intends to disclose its Compliance. A timeline for the below. Further, pursuant to section calculations and analysis performed to 733(d)(1)(B) of the Act and 19 CFR submission of case briefs and written interested parties in this preliminary comments on non-scope issues will be 351.205(d), Commerce will instruct CBP determination within five days of any announced at a later date. Rebuttal to require a cash deposit equal to the public announcement or, if there is no briefs, limited to issues raised in case weighted average amount by which NV public announcement, within five days briefs, may be submitted no later than exceeds U.S. price, as indicated in the of the date of publication of this notice seven days after the deadline for case table above as follows: (1) For the in accordance with 19 CFR 351.224(b). producer/exporter combinations listed briefs.8 Note that Commerce has in the table above, the cash deposit rate Verification temporarily modified certain of its is equal to the estimated weighted- As provided in section 782(i)(1) of the requirements for serving documents average dumping margin listed for that Act, Commerce intends to verify the containing business proprietary combination in the table; (2) for all information relied upon in making its information, until further notice.9 combinations of Vietnam producers/ final determination. Normally, Pursuant to 19 CFR 351.309(c)(2) and exporters of the merchandise under Commerce verifies information using (d)(2), parties who submit case briefs or consideration that have not established standard procedures, including an on- rebuttal briefs in this investigation are eligibility for their own separate rate, site examination of original accounting, encouraged to submit with each the cash deposit rate will be equal to the financial, and sales documentation. argument: (1) A statement of the issue; estimated weighted-average dumping However, due to current travel (2) a brief summary of the argument; margin established for the Vietnam- restrictions in response to the global and (3) a table of authorities. wide entity; and (3) for all third-country COVID–19 pandemic, Commerce is Pursuant to 19 CFR 351.310(c), exporters of merchandise under unable to conduct on-site verification in interested parties who wish to request a

6 See Initiation Notice. Bulletin 05.1), available on Commerce’s website at 9 See Temporary Rule Modifying AD/CVD Service 7 See Policy Bulletin No. 05.1, ‘‘Separate-Rates http://enforcement.trade.gov/policy/bull05-1.pdf. Requirements Due to COVID–19, 85 FR 17006 Practice and Application of Combination Rates in 8 See 19 CFR 351.309; see also 19 CFR 351.303 (March 26, 2020); and Temporary Rule Modifying Antidumping Investigations involving Non-Market (for general filing requirements). AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, Economy Countries,’’ (April 5, 2005) (Policy 2020).

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7700 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

hearing, limited to issues raised in the B280, ASTM–B302, ASTM–B306, ASTM– DEPARTMENT OF COMMERCE case and rebuttal briefs, must submit a B359, ASTM–B743, ASTM–B819, and written request to the Assistant ASTM–B903 specifications and meeting the International Trade Administration physical parameters described therein. Secretary for Enforcement and [A–475–818] Compliance, U.S. Department of Also included within the scope of this investigation are all sets of covered products, Commerce, within 30 days after the date including ‘‘line sets’’ of seamless refined Certain Pasta From Italy: Notice of of publication of this notice. Requests copper tubes (with or without fittings or Partial Rescission of Antidumping should contain the party’s name, insulation) suitable for connecting an Duty Administrative Review address, and telephone number, the outdoor air conditioner or heat pump to an AGENCY: number of participants, whether any indoor evaporator unit. The phrase ‘‘all sets Enforcement and Compliance, participant is a foreign national, and a of covered products’’ denotes any International Trade Administration, list of the issues to be discussed. If a combination of items put up for sale that is Department of Commerce. request for a hearing is made, Commerce comprised of merchandise subject to the SUMMARY: The Department of Commerce intends to hold the hearing at a time and scope. (Commerce) is rescinding, in part, the date to be determined. Parties should ‘‘Refined copper’’ is defined as: (1) Metal antidumping duty administrative review confirm by telephone the date and time containing at least 99.85 percent by actual of the antidumping duty order on weight of copper; or (2) metal containing at of the hearing two days before the certain pasta from Italy for the period least 97.5 percent by actual weight of copper, July 1, 2019, through June 30, 2020. scheduled date of the hearing. provided that the content by actual weight of DATES: Applicable February 1, 2021. International Trade Commission any other element does not exceed the Notification following limits: FOR FURTHER INFORMATION CONTACT: Jonathan Hall-Eastman or John Hoffner, In accordance with section 733(f) of Limiting AD/CVD Operations, Office III, the Act, Commerce will notify the Element content Enforcement and Compliance, International Trade Commission (ITC) of percent by weight International Trade Administration, its preliminary determination. If the U.S. Department of Commerce, 1401 final determination is affirmative, the Ag—Silver ...... 0.25 Constitution Avenue NW, Washington, ITC will determine before the later of As—Arsenic ...... 0.5 DC 20230; telephone: (202) 482–1468 or 120 days after the date of this Cd—Cadmium ...... 1.3 (202) 482–3315, respectively. preliminary determination or 45 days Cr—Chromium ...... 1.4 SUPPLEMENTARY INFORMATION: after the final determination whether Mg—Magnesium ...... 0.8 these imports materially injure, or Pb—Lead ...... 1.5 Background S—Sulfur ...... 0.7 threaten material injury to, the U.S. On July 1, 2020, Commerce published industry. Sn—Tin ...... 0.8 Te—Tellurium ...... 0.8 a notice of opportunity to request an Notification to Interested Parties Zn—Zinc ...... 1.0 administrative review of the antidumping duty order on certain pasta This determination is issued and Zr—Zirconium ...... 0.3 from Italy.1 Pursuant to requests from published in accordance with sections Other elements (each) ...... 0.3 interested parties, and in accordance 733(f) and 777(i)(1) of the Act, and 19 Excluded from the scope of this with section 751(a) of the Tariff Act of CFR 351.205(c). investigation are all seamless circular 1930, amended (the Act), Commerce Dated: January 26, 2021. hollows of refined copper less than 12 inches published in the Federal Register the Christian Marsh, in actual length whose actual OD exceeds its notice of initiation of an antidumping Acting Assistant Secretary for Enforcement actual length. duty administrative review with respect The products subject to this investigation and Compliance. to the following companies covering the are currently classifiable under subheadings Appendix I 7411.10.1030 and 7411.10.1090 of the period July 1, 2019, through June 30, Harmonized Tariff Schedule of the United 2020: Agritalia S.r.l. (Agritalia); Scope of the Investigation States (HTSUS). Products subject to the Armonie D’Italia srl (Armonie D’Italia); The products covered by this investigation investigation may also enter under HTSUS F. Divella S.p.A. (F. Divella); La are all seamless circular refined copper pipes subheadings 7407.10.1500, 7419.99.5050, Molisana S.p.A. (La Molisana); Liguori and tubes, including redraw hollows, greater 8415.90.8065, and 8415.90.8085. Although Pastificio dal 1820 S.p.A. (Pasta than or equal to 6 inches (152.4 mm) in the HTSUS subheadings are provided for Liguori); Pasta Castiglioni; Pasta Zara actual length and measuring less than 12.130 convenience and customs purposes, the inches (308.102 mm) in actual outside S.p.A. (Pasta Zara); Pastificio C.A.M.S. written description of the scope of the Srl (Pastificio C.A.M.S.); Pastificio Della diameter (OD), regardless of wall thickness, investigation is dispositive. bore (e.g., smooth, enhanced with inner Forma S.r.l (Pastificio Della Forma); grooves or ridges), manufacturing process Appendix II Pastificio Fratelli De Luca S.r.l. (Fratelli (e.g., hot finished, cold-drawn, annealed), De Luca); and Rummo S.p.A. (Rummo).2 outer surface (e.g., plain or enhanced with List of Topics Discussed in the Preliminary Decision Memorandum On December 2, 2020, Rummo timely grooves, ridges, fins, or gills), end finish (e.g., withdrew its request to review Rummo plain end, swaged end, flared end, expanded I. Summary and its subsidiary Pasta Castiglioni.3 No end, crimped end, threaded), coating (e.g., II. Background plastic, paint), insulation, attachments (e.g., III. Period of Investigation 1 plain, capped, plugged, with compression or IV. Scope of the Investigation See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity other fitting), or physical configuration (e.g., V. Negative Preliminary Determination of straight, coiled, bent, wound on spools). To Request Administrative Review, 85 FR 39531 Critical Circumstances (July 1, 2020). The scope of this investigation covers, but VI. Affiliation and Single Entity Treatment 2 See Initiation of Antidumping and is not limited to, seamless refined copper VII. Discussion of the Methodology Countervailing Duty Administrative Reviews, 85 FR pipe and tube produced or comparable to the VIII. Currency Conversion 54983 (September 3, 2020) (Initiation Notice). American Society for Testing and Materials IX. Recommendation 3 See Rummo’s Letter, ‘‘Antidumping Duty (ASTM) ASTM–B42, ASTM–B68, ASTM– Review of Certain Pasta from Italy: The Rummo B75, ASTM–B88, ASTM–B88M, ASTM– [FR Doc. 2021–02082 Filed 1–29–21; 8:45 am] Group Withdrawal of Request for Review,’’ dated B188, ASTM–B251, ASTM–B251M, ASTM– BILLING CODE 3510–DS–P December 2, 2020.

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7701

other party requested an administrative Notification to Importers through March 31, 2020. Interested review of these parties. This notice serves as a reminder to parties are invited to comment on this Partial Rescission of the 2019–2020 importers of their responsibility under preliminary determination. Administrative Review 19 CFR 351.402(f)(2) to file a certificate DATES: Effective February 1, 2021. regarding the reimbursement of Pursuant to 19 CFR 351.213(d)(1), FOR FURTHER INFORMATION CONTACT: Commerce will rescind an antidumping and/or countervailing duties prior to liquidation of the Genevieve Coen, AD/CVD Operations, administrative review, in whole or in Office V, Enforcement and Compliance, part, if the parties that requested a relevant entries during this review International Trade Administration, review withdraw the request within 90 period. Failure to comply with this days of the date of publication of the requirement could result in Commerce’s U.S. Department of Commerce, 1401 notice of initiation of the requested presumption that reimbursement of Constitution Avenue NW, Washington, review. The aforementioned withdrawal antidumping and/or countervailing DC 20230; telephone: (202) 482–3251. duties occurred and the subsequent request was timely submitted and no SUPPLEMENTARY INFORMATION: other interested party requested an assessment of doubled antidumping administrative review of Rummo and duties. Background Pasta Castiglioni. Therefore, in Notification Regarding Administrative This preliminary determination is accordance with 19 CFR 351.213(d)(1), Protective Order and consistent with our practice,4 we made in accordance with section 733(b) are rescinding this review of the This notice serves as a final reminder of the Tariff Act of 1930, as amended antidumping duty order on certain pasta to parties subject to administrative (the Act). Commerce published the from Italy, in part, with respect to protective order (APO) of their notice of initiation of this investigation Rummo and Pasta Castiglioni. responsibility concerning the on July 27, 2020.1 On November 20, The review will continue with respect disposition of proprietary information 2020, Commerce postponed the to the following companies: Agritalia, disclosed under an APO in accordance preliminary determination of this Armonie D’Italia, F. Divella, Ghigi/ with 19 CFR 351.305(a)(3), which investigation and the revised deadline is Zara,5 La Molisana, Pasta Liguori, continues to govern business now January 26, 2021.2 For a complete Pastificio C.A.M.S., Pastificio Della proprietary information in this segment description of the events that followed Forma, and Fratelli De Luca. of the proceeding. Timely written the initiation of this investigation, see notification of the return/destruction of Assessment the Preliminary Decision APO materials or conversion to judicial Memorandum.3 A list of topics included Commerce will instruct U.S. Customs protective order is hereby requested. in the Preliminary Decision and Border Protection (CBP) to assess Failure to comply with the regulations Memorandum is included as Appendix antidumping duties on all appropriate and terms of an APO is a violation II to this notice. The Preliminary entries. For the companies for which which is subject to sanction. Decision Memorandum is a public this review is rescinded, Rummo and Notification to Interested Parties document and is on file electronically Pasta Castiglioni, antidumping duties via Enforcement and Compliance’s shall be assessed at rates equal to the This notice is issued and published in cash deposit of estimated antidumping accordance with sections 751(a)(1) and Antidumping and Countervailing Duty duties required at the time of entry, or 777(i)(1) of the Act, and 19 CFR Centralized Electronic Service System withdrawal from warehouse, for 351.213(d)(4). (ACCESS). ACCESS is available to consumption, during the period July 1, registered users at https:// Dated: January 26, 2021. access.trade.gov. In addition, a complete 2019, through June 30, 2020, in James Maeder, accordance with 19 CFR version of the Preliminary Decision Deputy Assistant Secretary for Antidumping Memorandum can be accessed directly 351.212(c)(1)(i). and Countervailing Duty Operations. Commerce intends to issue at http://enforcement.trade.gov/frn/. assessment instructions to CBP no [FR Doc. 2021–02039 Filed 1–29–21; 8:45 am] The signed and the electronic versions earlier than 35 days after the date of BILLING CODE 3510–DS–P of the Preliminary Decision publication of this rescission notice in Memorandum are identical in content. the Federal Register. DEPARTMENT OF COMMERCE Scope of the Investigation 4 See, e.g., Certain Lined Paper Products from India: Notice of Partial Rescission of Antidumping International Trade Administration The product covered by this Duty Administrative Review and Extension of Time [A–557–820] investigation is silicon metal from Limit for the Preliminary Results of Antidumping Malaysia. For a complete description of Duty Administrative Review, 74 FR 21781 (May 11, 2009); see also Carbon Steel Butt-Weld Pipe Fittings Silicon Metal From Malaysia: the scope of this investigation, see from Thailand: Rescission of Antidumping Duty Preliminary Affirmative Determination Appendix I. Administrative Review, 74 FR 7218 (February 13, of Sales at Less Than Fair Value, 2009). 1 5 Postponement of Final Determination, See Silicon Metal from Bosnia and Herzegovina, Though Commerce initiated a review of Pasta Iceland, and Malaysia: Initiation of Less-Than-Fair- Zara, because we have collapsed Ghigi 1870 S.p.A. and Extension of Provisional Measures Value Investigations, 85 FR 45177 (July 27, 2020) (Ghigi) and Pasta Zara (collectively Ghigi/Zara) (Initiation Notice). since the 2015–2016 administrative review, both AGENCY: Enforcement and Compliance, 2 Ghigi and Pasta Zara continue to be subject to the International Trade Administration, See Silicon Metal from Malaysia: Postponement of Preliminary Determination in the Less-Than-Fair- review. See Certain Pasta from Italy: Final Results Department of Commerce. of Antidumping Duty Administrative Review; 2017– Value Investigation, 85 FR 74319 (November 20, 2018, 85 FR 2714 (January 16, 2020); see also SUMMARY: The Department of Commerce 2020). Certain Pasta from Italy: Final Results of (Commerce) preliminarily determines 3 See Memorandum, ‘‘Decision Memorandum for Antidumping Duty Administrative Review; 2016– that silicon metal from Malaysia is the Preliminary Determination in the Less-Than- 2017, 83 FR 63627 (December 11, 2018); and being, or is likely to be, sold in the Fair-Value Investigation of Silicon Metal from Certain Pasta from Italy: Final Results of Malaysia’’ dated concurrently with, and hereby Antidumping Duty Administrative Review; 2015– United States at less than fair value. The adopted by, this notice (Preliminary Decision 2016, 82 FR 57428 (December 5, 2017). period of investigation is April 1, 2019, Memorandum).

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7702 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

Scope Comments Estimated Public Comment weighted- Case briefs or other written comments In accordance with the preamble to average Exporter/producer may be submitted to the Assistant Commerce’s regulations,4 the Initiation dumping Secretary for Enforcement and Notice set aside a period of time for margin (percent) Compliance. A timeline for the parties to raise issues regarding product 5 submission of case briefs and written coverage (i.e., scope). No interested PMB Silicon Sdn. Bhd ...... 7.21 comments will be notified to interested parties commented on the scope of the All Others ...... 7.21 parties at a later date. Rebuttal briefs, investigation as it appeared in the limited to issues raised in case briefs, Initiation Notice. Commerce is Suspension of Liquidation may be submitted no later than seven preliminarily not modifying the scope In accordance with section 733(d)(2) days after the deadline date for case language as it appeared in the Initiation of the Act, Commerce will direct U.S. briefs.6 Note that Commerce has Notice. See the scope in Appendix I to Customs and Border Protection (CBP) to temporarily modified certain of its this notice. suspend liquidation of entries of subject requirements for serving documents containing business proprietary Methodology merchandise, as described in Appendix I, entered, or withdrawn from information, until further notice.7 Commerce is conducting this warehouse, for consumption on or after Pursuant to 19 CFR 351.309(c)(2) and investigation in accordance with section the date of publication of this notice in (d)(2), parties who submit case briefs or 731 of the Act. Commerce has the Federal Register. Further, pursuant rebuttal briefs in this investigation are calculated export prices in accordance to section 733(d)(1)(B) of the Act and 19 encouraged to submit with each argument: (1) A statement of the issue; with section 772(a) of the Act. Normal CFR 351.205(d), Commerce will instruct (2) a brief summary of the argument; value (NV) is calculated in accordance CBP to require a cash deposit equal to the estimated weighted-average and (3) a table of authorities. with section 773 of the Act. For a full Pursuant to 19 CFR 351.310(c), description of the methodology dumping margin or the estimated all- others rate, as follows: (1) The cash interested parties who wish to request a underlying the preliminary deposit rate for the respondent listed hearing, limited to issues raised in the determination, see the Preliminary above will be equal to the company- case and rebuttal briefs, must submit a Decision Memorandum. specific estimated weighted-average written request to the Assistant Secretary for Enforcement and All-Others Rate dumping margin determined in this preliminary determination; (2) if the Compliance, U.S. Department of Sections 733(d)(1)(ii) and 735(c)(5)(A) exporter is not a respondent identified Commerce, within 30 days after the date of the Act provide that in the above, but the producer is, then the cash of publication of this notice. Requests preliminary determination Commerce deposit rate will be equal to the should contain the party’s name, shall determine an estimated all-others company-specific estimated weighted- address, and telephone number, the rate for all exporters and producers not average dumping margin established for number of participants, whether any participant is a foreign national, and a individually examined. This rate shall that producer of the subject list of the issues to be discussed. If a be an amount equal to the weighted merchandise; and (3) the cash deposit request for a hearing is made, Commerce average of the estimated weighted- rate for all other producers and exporters will be equal to the all-others intends to hold the hearing at a time and average dumping margins established date to be determined. Parties should for exporters and producers estimated weighted-average dumping margin. These suspension of liquidation confirm by telephone the date, time, and individually investigated, excluding any location of the hearing two days before instructions will remain in effect until zero and de minimis margins, and any the scheduled date. margins determined entirely under further notice. Postponement of Final Determination section 776 of the Act. Commerce Disclosure calculated an individual estimated and Extension of Provisional Measures weighted-average dumping margin for Commerce intends to disclose its Section 735(a)(2) of the Act provides calculations and analysis performed to PMB Silicon Sdn. Bhd. (PMB Silicon), that a final determination may be interested parties in this preliminary the only individually-examined postponed until not later than 135 days determination within five days of any exporter/producer in this investigation. after the date of the publication of the public announcement or, if there is no preliminary determination if, in the Because the only individually public announcement, within five days calculated dumping margin is not zero, event of an affirmative preliminary of the date of publication of this notice determination, a request for such de minimis, or based entirely on facts in accordance with 19 CFR 351.224(b). otherwise available, the estimated postponement is made by exporters who weighted-average dumping margin Verification account for a significant proportion of exports of the subject merchandise, or in calculated for PMB Silicon is the margin As provided in section 782(i)(1) of the assigned to all other producers and the event of a negative preliminary Act, Commerce intends to verify the determination, a request for such exporters, pursuant to section information relied upon in making its postponement is made by the petitioner. 735(c)(5)(A) of the Act. final determination. Commerce is Section 351.210(e)(2) of Commerce’s currently unable to conduct on-site Preliminary Determination regulations requires that a request by verification of the information relied Commerce preliminarily determines upon in making its final determination 6 See 19 CFR 351.309; see also 19 CFR 351.303 that the following estimated weighted- in this investigation. Accordingly, we (for general filing requirements). average dumping margins exist: intend to take additional steps in lieu of 7 See Temporary Rule Modifying AD/CVD Service on-site verification. Commerce will Requirements Due to COVID–19, 85 FR 17006 notify interested parties of any (March 26, 2020); and Temporary Rule Modifying 4 See Antidumping Duties; Countervailing Duties, AD/CVD Service Requirements Due to COVID–19; Final Rule, 62 FR 27296, 27323 (May 19, 1997). additional documentation or Extension of Effective Period, 85 FR 41363 (July 10, 5 See Initiation Notice. information required. 2020).

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7703

exporters for postponement of the final subheading 2804.61.0000) is excluded from SUPPLEMENTARY INFORMATION: determination be accompanied by a the scope of this investigation. Background request for extension of provisional Silicon metal is currently classifiable measures from a four-month period to a under subheadings 2804.69.1000 and In accordance with sections 735(d) period not more than six months in 2804.69.5000 of the HTSUS. While the and 777(i)(1) of the Tariff Act of 1930, HTSUS numbers are provided for duration. as amended (the Act), and 19 CFR convenience and customs purposes, the 351.210(c), on December 11, 2020, On November 3, 2020, pursuant to 19 written description of the scope remains CFR 351.210(e), PMB Silicon requested dispositive. Commerce published its affirmative that Commerce postpone the final final determinations in the less-than- determination and that provisional Appendix II fair-value (LTFV) investigations of PC measures be extended to a period not to List of Topics Discussed in the Preliminary strand from Argentina, Colombia, Egypt, exceed six months.8 In accordance with Decision Memorandum the Netherlands, Saudi Arabia, Taiwan, 1 section 735(a)(2)(A) of the Act and 19 I. Summary Turkey, and the UAE. On January 25, CFR 351.210(b)(2)(ii), because: (1) The II. Background 2021, the ITC notified Commerce of its preliminary determination is III. Period of Investigation final affirmative determinations that an affirmative; (2) the requesting exporter IV. Scope Comments industry in the United States is accounts for a significant proportion of V. Scope of the Investigation materially injured within the meaning exports of the subject merchandise; and VI. Discussion of the Methodology of section 735(b)(1)(A)(i) of the Act, by (3) no compelling reasons for denial VII. Currency Conversion reason of the LTFV imports of PC strand exist, Commerce is postponing the final VIII. Recommendation from Argentina, Colombia, Egypt, the determination and extending the [FR Doc. 2021–02080 Filed 1–29–21; 8:45 am] Netherlands, Saudi Arabia, Taiwan, provisional measures from a four-month BILLING CODE 3510–DS–P Turkey, and the UAE.2 period to a period not greater than six Scope of the Orders months. Accordingly, Commerce will DEPARTMENT OF COMMERCE make its final determination no later The merchandise covered by these orders is PC strand. For a complete than 135 days after the date of International Trade Administration publication of this preliminary description of the scope of the orders, determination. [A–357–822, A–301–804, A–729–804, A–421– see the appendix to this notice. 814, A–517–806, A–583–868, A–489–842, A– International Trade Commission 520–809] Antidumping Duty Orders Notification On January 25, 2021, in accordance In accordance with section 733(f) of Prestressed Concrete Steel Wire with sections 735(b)(1)(A)(i) and 735(d) the Act, Commerce will notify the Strand From Argentina, Colombia, of the Act, the ITC notified Commerce International Trade Commission (ITC) of Egypt, the Netherlands, Saudi Arabia, of its final determinations that an its preliminary determination. If the Taiwan, the Republic of Turkey, and industry in the United States is final determination is affirmative, the the United Arab Emirates: materially injured by reason of imports ITC will determine before the later of Antidumping Duty Orders of PC strand from Argentina, Colombia, Egypt, the Netherlands, Saudi Arabia, 120 days after the date of this AGENCY: Enforcement and Compliance, Taiwan, Turkey, and the UAE.3 preliminary determination or 45 days International Trade Administration, Therefore, Commerce is issuing these after the final determination whether Department of Commerce. antidumping duty orders in accordance these imports are materially injuring, or SUMMARY: Based on affirmative final with sections 735(c)(2) and 736 of the threaten material injury to, the U.S. determinations by the Department of Act. Because the ITC determined that industry. Commerce (Commerce) and the imports of PC strand from Argentina, International Trade Commission (ITC), Notification to Interested Parties Colombia, Egypt, the Netherlands, Saudi Commerce is issuing antidumping duty This determination is issued and Arabia, Taiwan, Turkey, and the UAE orders on prestressed concrete steel wire published in accordance with sections are materially injuring a U.S. industry, strand (PC strand) from Argentina, 733(f) and 777(i)(1) of the Act and 19 unliquidated entries of such Colombia, Egypt, the Netherlands, Saudi CFR 351.205(c). merchandise from Argentina, Colombia, Arabia, Taiwan, the Republic of Turkey Egypt, the Netherlands, Saudi Arabia, Dated: January 26, 2021. (Turkey), and the United Arab Emirates Taiwan, Turkey, and the UAE, which Christian Marsh, (UAE). are entered or withdrawn from Acting Assistant Secretary for Enforcement DATES: Applicable February 1, 2021. and Compliance. warehouse for consumption, are subject FOR FURTHER INFORMATION CONTACT: to the assessment of antidumping Appendix I Kabir Archuletta at (202) 482–2593 duties. Scope of the Investigation (Argentina), Hermes Pinilla at (202) Therefore, in accordance with section 482–3477 (Colombia), David Crespo at 736(a)(1) of the Act, Commerce will The scope of this investigation covers all forms and sizes of silicon metal, including (202) 482–3693 (Egypt), Bryan Hansen direct U.S. Customs and Border silicon metal powder. Silicon metal contains at (202) 482–3683 (the Netherlands), at least 85.00 percent but less than 99.99 Drew Jackson at (202) 482–4406 (Saudi 1 See Prestressed Concrete Steel Wire Strand from percent silicon, and less than 4.00 percent Arabia), Joy Zhang at (202) 482–1168 Argentina, Colombia, Egypt, the Netherlands, Saudi iron, by actual weight. Semiconductor grade (Taiwan), David Goldberger at (202) Arabia, Taiwan, the Republic of Turkey, and the silicon (merchandise containing at least United Arab Emirates: Final Affirmative 482–4136 (Turkey), and Charles Doss at Determinations of Sales at Less Than Fair Value 99.99 percent silicon by actual weight and (202) 482–4474 (UAE); AD/CVD and Final Affirmative Critical Circumstances classifiable under Harmonized Tariff Operations, Enforcement and Determinations, in Part, 85 FR 80001 (December 11, Schedule of the United States (HTSUS) Compliance, International Trade 2020) (Final Determinations). 2 See ITC’s Letter Re: Notification of ITC Final 8 See PMB Silicon’s Letter, ‘‘Silicon Metal from Administration, U.S. Department of Determinations, dated January 25, 2021 (ITC Malaysia; Request to Extend Final Determination,’’ Commerce, 1401 Constitution Avenue Notification Letter). dated November 3, 2020. NW, Washington, DC 20230. 3 See ITC Notification Letter.

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7704 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

Protection (CBP) to assess, upon further Continuation of Suspension of duties equal to the amounts as indicated instruction by Commerce, antidumping Liquidation below. Accordingly, effective on the duties equal to the amount by which the In accordance with section 736 of the date of publication in the Federal normal value of the merchandise Act, Commerce will instruct CBP to Register of the ITC’s final affirmative exceeds the export price (or constructed continue to suspend liquidation on all injury determinations, CBP will require, export price) of the merchandise, for all relevant entries of PC strand from at the same time as importers would relevant entries of PC strand from Argentina, Colombia, Egypt, the normally deposit estimated duties on Argentina, Colombia, Egypt, the Netherlands, Saudi Arabia, Taiwan, this subject merchandise, a cash deposit Netherlands, Saudi Arabia, Taiwan, Turkey, and the UAE which are entered, equal to the cash deposit rates listed Turkey, and the UAE. Antidumping or withdrawn from warehouse, for below.5 The relevant all-others rate duties will be assessed on unliquidated consumption on or after the date of applies to all producers or exporters not entries of PC strand from Argentina, publication of the ITC’s notice of final specifically listed, as appropriate. Colombia, Egypt, the Netherlands, Saudi determination in the Federal Register. Arabia, Taiwan, Turkey, and the UAE These instructions suspending Estimated Weighted-Average Dumping entered, or withdrawn from warehouse, liquidation will remain in effect until Margins for consumption on or after September further notice. 30, 2020, the date of publication of the We will also instruct CBP to require The dumping margins for each Preliminary Determinations.4 cash deposits for estimated antidumping antidumping duty order are as follows:

Dumping Cash deposit Exporter/producer margin rate 6 (percent) (percent)

Argentina

Acindar Industria (Argentina) de Sinal S.A ...... 60.40 All Others ...... 60.40

Colombia

Knight S.A.S ...... 86.09 All Others ...... 86.09

Egypt

United Wires Company Elsewedy ...... 29.72 All Others ...... 29.72

The Netherlands

Nedri Spanstaal BV ...... 30.86 All Others ...... 30.86

Saudi Arabia

National Metal Manufacturing & Casting Co ...... 194.40 All Others ...... 194.40

Taiwan

Chia Ta World Co., Ltd ...... 23.89 All Others ...... 23.89

Turkey

Celik Halat ve Tel Sanayi A.S ...... 53.65 44.60 Gu¨ney C¸ elik Hasir ve Demir ...... 53.65 44.60 All Others ...... 53.65 44.60

United Arab Emirates

GSS International Trading FZE ...... 170.65 Gulf Steel Strands FZE ...... 170.65

4 See Prestressed Concrete Steel Wire Strand from 5 See section 736(a)(3) of the Act. Countervailing Duty Determination and Final Argentina, Colombia, Egypt, the Netherlands, Saudi 6 The cash deposit rates for Celik Halat ve Tel Negative Critical Circumstances Determination, 85 Arabia, the Republic of Turkey, and the United Sanayi A.S., Gu¨ ney Çelik Hasir ve Demir (Gu¨ ney FR 80005 (December 11, 2020), and accompanying Arab Emirates: Preliminary Affirmative Çelik), and the companies covered by the ‘‘All Issues and Decision Memorandum at 12–16; and Determinations of Sales at Less Than Fair Value Others’’ rate are equal to the petition rate (53.65 Prestressed Concrete Steel Wire from the Republic and Preliminary Affirmative Critical Circumstances percent) adjusted for the lowest rate of export of Turkey: Preliminary Affirmative Countervailing Determinations, in Part, 85 FR 61722 (September subsidies found for any company in the most Duty Determination, Preliminary Affirmative 30, 2020); see also Prestressed Concrete Steel Wire recently-completed segment in the companion Critical Circumstances Determination, in Part, 85 Strand From Taiwan: Preliminary Affirmative FR 59287 (September 21, 2020), and accompanying Determination of Sales at Less Than Fair Value and countervailing duty proceeding, i.e, Gu¨ ney Çelik’s Negative Preliminary Determination of Critical total export subsidies rate of 9.05 percent. See Preliminary Decision Memorandum at 18–20, 25– Circumstances, 85 FR 61726 (September 30, 2020) Prestressed Concrete Steel Wire Strand from the 27, and 31–33. (collectively, Preliminary Determinations). Republic of Turkey: Final Affirmative

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7705

Dumping Cash deposit Exporter/producer margin rate 6 (percent) (percent)

All Others ...... 170.65

Critical Circumstances Notification to Interested Parties Administration, is announcing amended dates and deadlines for submitting With regard to the ITC’s negative This notice constitutes the antidumping duty orders with respect to applications for several upcoming trade critical circumstances determination on missions that were previously imports of PC strand from Colombia, PC strand from Argentina, Colombia, Egypt, the Netherlands, Saudi Arabia, announced and published in the Egypt, the Netherlands, and Turkey, we Federal Register. will instruct CBP to lift suspension and Taiwan, Turkey, and the UAE pursuant SUPPLEMENTARY INFORMATION: to refund any cash deposits made to to section 736(a) of the Act. Interested parties can find a list of antidumping Amendments to Revise Trade Mission secure the payment of estimated Dates, and Deadline for Submitting antidumping duties with respect to duty orders currently in effect at http:// enforcement.trade.gov/stats/ Applications. entries of the subject merchandise • Cybersecurity Business entered, or withdrawn from warehouse, iastats1.html. These orders are published in Development Mission to Peru, Chile, for consumption on or after July 2, 2020 accordance with section 736(a) of the and Uruguay, with an optional stop in (i.e., 90 days prior to the date of the Act and 19 CFR 351.211(b). Argentina, scheduled for March 1–5, publication of the Preliminary Dated: January 26, 2021. and 8, 2021, postponed to October 18– Determinations), but before September 22, and 25, 2021. Christian Marsh, 30, 2020 (i.e., the date of publication of • Cybersecurity Business the Preliminary Determinations). Acting Assistant Secretary for Enforcement Development Mission to India, and Compliance. Provisional Measures scheduled for April 19–23, 2021, Appendix postponed to November 8–12, 2021. Section 733(d) of the Act states that • Scope of the Orders Trade Mission to the Caribbean suspension of liquidation pursuant to an Region in conjunction with the Trade affirmative preliminary determination The merchandise covered by these orders Americas—Business Opportunities in may not remain in effect for more than is prestressed concrete steel wire strand (PC strand), produced from wire of non-stainless, the Caribbean Region Conference, four months, except that Commerce may non-galvanized steel, which is suitable for scheduled from November 15–20, 2020, extend the four-month period to no use in prestressed concrete (both postponed to October 24–29, 2021. more than six months at the request of pretensioned and post-tensioned) • Education Trade Mission to India, exporters representing a significant applications. The product definition scheduled for August 2–7, 2021, proportion of exports of the subject encompasses covered and uncovered strand postponed to September 12–17, 2022. merchandise. Commerce’s Preliminary and all types, grades, and diameters of PC • Asia EDGE (Enhancing Determinations were published on strand. PC strand is normally sold in the Development and Growth through September 30, 2020.7 Commerce’s Final United States in sizes ranging from 0.25 Energy) Business Development Mission Determinations were not extended and inches to 0.70 inches in diameter. PC strand to Indonesia and Vietnam, scheduled for 8 made from galvanized wire is only excluded were published on December 11, 2020. from the scope if the zinc and/or zinc oxide March 17–26, 2021, postponed to As such, the four-month period coating meets or exceeds the 0.40 oz./ft2 September 16–24, 2021. beginning on the date of publication of standard set forth in ASTM–A–475. Background the Preliminary Determinations ended The PC strand subject to these orders is on January 27, 2021. currently classifiable under subheadings Cybersecurity Business Development Therefore, in accordance with section 7312.10.3010 and 7312.10.3012 of the Mission to Peru, Chile, and Uruguay, Harmonized Tariff Schedule of the United With an Optional Stop in Argentina 733(d) of the Act, Commerce will States (HTSUS). Although the HTSUS instruct CBP to terminate the subheadings are provided for convenience The United States Department of suspension of liquidation, and to and customs purposes, the written Commerce, International Trade liquidate, without regard to description of the scope of these orders is Administration, is amending the Notice antidumping duties, unliquidated dispositive. published at 85 FR 45172 (July 27, entries of PC strand from Argentina, [FR Doc. 2021–02081 Filed 1–29–21; 8:45 am] 2020), regarding the dates of ITA’s Colombia, Egypt, the Netherlands, Saudi BILLING CODE 3510–DS–P planned Cybersecurity Business Arabia, Taiwan, Turkey, and the UAE Development Mission to Peru, Chile, entered or withdrawn from warehouse and Uruguay, with an optional stop in for consumption after January 27, 2021, DEPARTMENT OF COMMERCE Argentina, which have been modified the date on which the provisional from March 1–5, and 8, 2021, to October measures expired, through the day International Trade Administration 18–22, and 25, 2021. The Department preceding the date of publication of the has been closely monitoring COVID–19 ITC’s final affirmative injury Notice of Amendment for Certain developments and believes postponing determinations in the Federal Register. Upcoming 2021 Trade Missions the mission is the best decision for the Suspension of liquidation will resume AGENCY: International Trade health, safety, and welfare of the on the date of publication of the ITC’s Administration, Department of participants. The new deadline for final affirmative injury determinations Commerce. applications has been extended to in the Federal Register. ACTION: Notice. Friday, July 9, 2021. Applications may be accepted after that date if space 7 See Preliminary Determinations. SUMMARY: The United States Department remains and scheduling constraints 8 See Final Determinations. of Commerce, International Trade permit. Interested U.S. companies and

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7706 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

trade associations/organizations that Proposed Timetable availability of host government and have not already submitted an business officials, specific goals of application are encouraged to do so. The * Note: The final schedule and mission participants, and ground schedule is updated as follows: potential site visits will depend on the transportation.

Sunday, October 17, 2021 ...... • Trade Mission Participants Arrive in Lima, Peru. Monday, October 18, 2021 ...... • Welcome and Country Briefing (Peru). • Presentations and/or cabinet/ministry meetings. • Networking Lunch. • One-on-One business matchmaking appointments. • Networking Reception at Ambassador’s residence (TBC). Tuesday, October 19, 2021 ...... • Travel to Santiago, Chile. • Welcome and Country Briefing (Chile). • Presentations. Wednesday, October 20, 2021 ...... • One-on-One business matchmaking appointments. • Networking Lunch. • Cabinet/ministry meetings. • Networking Reception at Ambassador’s residence (TBC). Thursday, October 21, 2021 ...... • (Morning) Travel to Montevideo, Uruguay. • (Afternoon)Welcome and briefing. • Presentations by Uruguayan government entities. Friday, October 22, 2021 ...... • (Morning) Business matchmaking. • Closing Ambassador’s reception (TBC). • (Afternoon) Trade mission participants depart for optional Argentina stop or return home. Saturday–Sunday, October 23–24, 2021 ...... • Travel day or free time for Argentina optional stop participants. Monday, October 25, 2021 (Optional) ...... • Welcome and Country Briefing (Argentina). • One-on-One business matchmaking appointments.

The U.S. Department of Commerce Chile 2021, to November 8–12, 2021. The will review applications and make Joshua Leibowitz, Commercial Officer, Department has been closely monitoring selection decisions on a rolling basis in U.S. Embassy—Santiago, Chile, COVID–19 developments and believes accordance with the Notice published at [email protected] postponing the mission is the best 85 FR 12259 (March 10, 2020). The decision for the health, safety, and applicants selected will be notified as Uruguay welfare of the participants. The new soon as possible. Matthew Poole, Senior Commercial deadline for applications has been Officer, U.S. Embassy—Montevideo, extended to August 5, 2021. Contacts Uruguay, [email protected] Applications may be accepted after that Paul Matino, Senior International Trade Argentina date if space remains and scheduling Specialist, Baltimore, MD—USEAC, constraints permit. Interested U.S. Karen Ballard, Commercial Officer, U.S. companies and trade associations/ 410–962–4539, Paul.Matino@ Embassy—Santiago, Chile, trade.gov organizations that have not already [email protected] submitted an application are Gemal Brangman, Senior Advisor, Trade Cybersecurity Business Development encouraged to do so. The schedule is Missions, Trade Events Task Force, Mission to India updated as follows: Washington, DC, 202–482–3773, [email protected] The United States Department of Proposed Timetable Commerce, International Trade Peru Administration, is amending the Notice * Note: The final schedule and published at 85 FR 12259 (March 10, potential site visits will depend on the Leon Skarshinski, Commercial Officer, 2020), regarding the dates of ITA’s availability of host government and U.S. Embassy—Lima, Peru, planned Cybersecurity Business business officials, specific goals of [email protected] Development Mission to India, which mission participants, and ground have been modified from April 19–23, transportation.

Sunday, November 7, 2021 ...... • Trade Mission Participants Arrive in New Delhi. Monday, November 8, 2021 ...... • Welcome and Country Briefing. • One-on-One business matchmaking appointments. • Networking Lunch (No-Host). • One-on-One business matchmaking appointments. • Networking Reception at Deputy Chief of Mission residence (To Be Confirmed (TBC)). Tuesday, November 9, 2021 ...... • Breakfast roundtable with Indian industry groups and associations (TBC). • Cyber Security event to share best practices and promote participants. • Networking Lunch (No-Host). • Ministry and other Indian Government Briefings and Meetings. • Transportation from Hotel to Airport Included. • Travel to Mumbai. Wednesday, November 10, 2021 ...... • Welcome Briefing, Mumbai and Maharashtra State. • One-on-One business matchmaking appointments. • Networking Lunch (No-Host). • One-on-One business matchmaking appointments.

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7707

• Networking Reception at Consul General residence (TBC). Thursday, November 11, 2021 ...... • Breakfast roundtable with Indian industry groups and associations (TBC). • Cyber Security event to share best practices and promote participants. • Networking Lunch (No-Host). • Indian Government Briefings and Meetings. • Travel to Airport (Not Included). Friday, November 12, 2021 ...... • OPTIONAL STOP—Bangalore or Hyderabad. • One-on-One business matchmaking appointments. • Networking Lunch (No-Host). • One-on-One business matchmaking appointments.

The U.S. Department of Commerce Trade Mission to the Caribbean Region decision for the health, safety and will review applications and make in Conjunction With the Trade welfare of the participants. The new selection decisions on a rolling basis in Americas—Business Opportunities in deadline for applications has been accordance with the Notice published at the Caribbean Region Conference extended to May 28, 2021. Applications 85 FR 12259 (March 10, 2020). The may be accepted after that date if space applicants selected will be notified as The United States Department of remains and scheduling constraints Commerce, International Trade soon as possible. permit. Interested U.S. companies and Administration, is amending the Notice trade associations/organizations that Contacts published at 85 FR 29928 (May 19, have not already submitted an 2020), regarding the dates of ITA’s application are encouraged to do so. The Suzette Nickle, Senior International planned Trade Mission to the Caribbean schedule is updated as follows: Trade Specialist, U.S. Commercial Region in conjunction with the Trade Service, Denver, CO, 303–844–5655, Americas—Business Opportunities in Proposed Timetable [email protected] the Caribbean Region Conference, which * Note: The final schedule and Gemal Brangman, Senior Advisor, Trade have been modified from November 15– potential site visits will depend on the Missions, Trade Events Task Force, 20, 2020, to October 24–28, 2021. The availability of host government and Washington, DC, 202–482–3773, Department has been closely monitoring business officials, specific goals of [email protected] COVID–19 developments and believes mission participants, and ground postponing the mission is the best transportation.

Saturday, October 23, 2021 ...... • Travel Day/Arrival in Barbados. Optional Local Tour/Activities. Sunday, October 24, 2021 ...... • Barbados. Afternoon: Registration, Briefing and U.S. Embassy Officer Consultations. Evening: Networking Reception. Monday, October 25, 2021 ...... • Barbados. Morning: Registration and Trade Americas—U.S.-Caribbean Business Con- ference. Afternoon: U.S. Embassy Officer Consultations. Evening: Networking Reception.

Optional

Tuesday, October 26, 2021 ...... • Barbados/Eastern Caribbean Region Business-to-Business Meetings or Travel day. Tuesday–Thursday, October 26–28, 2021 ...... • Travel day or Business-to-Business Meetings in: Option (A) Dominican Republic. Option (B) Guyana. Option (C) Haiti. Option (D) Jamaica. Option (E) Suriname. Option (F) The Bahamas. Option (H) Trinidad & Tobago.

The U.S. Department of Commerce Diego Gattesco, Director, U.S. and welfare of the participants. The new will review applications and make Commercial Service—Wheeling, WV, deadline for applications has been selection decisions on a rolling basis in [email protected], Tel: 304– extended to July 31, 2022. Applications accordance with the Notice published at 243–5493 may be accepted after that date if space remains and scheduling constraints 84 FR 68393 (December 16, 2019). The Education Trade Mission to India applicants selected will be notified as permit. Interested U.S. companies and soon as possible. The United States Department of trade associations/organizations that Commerce, International Trade have not already submitted an Contacts Administration, is amending the Notice application are encouraged to do so. The published at 85 FR 56578 (September U.S. Trade Americas Team Contact schedule is updated as follows: 14, 2020), regarding the dates of ITA’s Information planned Education Trade Mission to Proposed Timetable Delia Valdivia, Senior International India, which have been modified from * Note: The final schedule and Trade Specialist, U.S. Commercial August 2–7, 2021, to September 12–17, potential site visits will depend on the Service—Los Angeles (West), CA, 2022. The Department has been closely availability of host government and [email protected], Tel: 310– monitoring COVID–19 developments business officials, specific goals of 597–8218 and believes postponing the mission is mission participants, and ground the best decision for the health, safety, transportation.

New Delhi

Monday, September 12, 2022 ...... • Travel Day/Arrival in New Delhi. Optional Local Tour/Activities. • New Delhi: Briefing, One-on-One matchmaking meetings; lunch hosted by TBD; Evening: Icebreaker Reception.

VerDate Sep<11>2014 17:47 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7708 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

Tuesday, September 13, 2022 ...... • Half day site visit—or student fair, to be finalized; Late afternoon departure for Bengaluru.

Bengaluru

Wednesday, September 14, 2022 ...... • Travel Day/Arrival in Bengaluru. Optional Local Tour/Activities. • Bengaluru: Briefing, One-on-One matchmaking meetings; lunch hosted by TBD. Thursday, September 15, 2022 ...... • Half day site visit—or student fair, to be finalized; Late afternoon departure for Mumbai.

Mumbai

Friday, September 16, 2022 ...... • Travel Day/Arrival in Mumbai. Optional Local Tour/Activities, • Mumbai: Briefing, One-on-One matchmaking meetings; lunch hosted by TBD. Student fair. Saturday, September 17, 2022 ...... • Half day site visit—or partner event to be finalized; Evening Wheels-up.

The U.S. Department of Commerce Asia Edge (Enhancing Development and The new deadline for applications has will review applications and make Growth Through Energy) Business been extended to May 30, 2021. The selection decisions on a rolling basis in Development Mission to Indonesia and Department of Commerce will accept accordance with the Notice published at Vietnam additional applications for this mission 85 FR 56578 (September 14, 2020). The The Department of Commerce, and will select a total of 20 firms and/ applicants selected will be notified as International Trade Administration or trade associations, including both soon as possible. (ITA), is amending the Notice published previously selected firms and new Contacts at 85 FR 54353 (September 1, 2020), applicants in accordance with the regarding the dates of ITA’s executive- Notice published at 85 FR 54353 U.S. Export Assistance Center led Asia EDGE Business Development (September 1, 2020). Once all slots have Mission, which have been modified Gabriel Zelaya, Global Education Team been filled, qualified applicants will be from March 17–26, 2021, to September Leader, U.S. Commercial Service— accepted on a waitlist basis. Firms and/ 16–24, 2021. The Department has been San Jose/Silicon Valley, U.S. or trade associations previously selected closely monitoring COVID–19 Department of Commerce, to participate in this mission will need developments and believes postponing [email protected], Tel: 408– to confirm their availability but need the mission is necessary to ensure 335–9202 not reapply. The applicants selected safety, health, and welfare of the will be notified as soon as possible. India Contact Information participants. Mission stops will include The proposed schedule is updated as Indonesia and Vietnam, with an Brenda VanHorn, Principal Commercial optional stop in Thailand. The mission follows *: Officer, U.S. Commercial Service— will highlight U.S. innovation and * Note: The final schedule of U.S. Consulate General, Mumbai, technology; spur U.S. industry, jobs, meetings, events, and site visits will [email protected] and competitiveness; promote U.S. depend on the availability of host Noella Monteiro, Commercial Advisor, exports of low-carbon energy resources government and business officials, U.S. Commercial Service—U.S. and technologies; and encourage the specific goals of mission participants, Consulate General, Mumbai, development of sustainable, low-carbon and flight availability and ground [email protected] energy policies in Southeast Asia. transportation options.

Wednesday, September 15, 2021 ...... • Travel to BANGKOK. Thursday, September 16, 2021 ...... • Optional Spin Off Program Commences. • BANGKOK (Afternoon Sessions). Friday, September 17, 2021 ...... • BANGKOK (Full Day Sessions) Saturday–Sunday, September 18–19, 2021 ..... • Travel to JAKARTA. Monday, September 20, 2021 ...... • Official Trade Mission Program Commences. • JAKARTA (Full Day Sessions). Tuesday, September 21, 2021 ...... • JAKARTA (Morning Sessions). • Travel to HO CHI MINH CITY. Wednesday, September 22, 2021 ...... • HO CHI MINH CITY (Full Day Sessions). Thursday, September 23, 2021 ...... • Travel to HANOI. • HANOI (Evening Reception). Friday, September 24, 2021 ...... • HANOI (Full Day Sessions). • Official Trade Mission Program Concludes.

Contact Information Department of Commerce, Phone: 1– Eric Hsu, Senior Commercial Officer, John Breidenstine, Regional Senior 914–682–6712, Email: cathy.gibbons@ U.S. Embassy Hanoi (Vietnam), U.S. Commercial Officer, U.S. Embassy trade.gov Department of Commerce, Phone: 84– Bangkok (Thailand), U.S. Department Victoria Yue, International Trade 24–3850–5070, Email: eric.hsu@ of Commerce, Phone: 66–2–205–5090, Specialist, Office of Energy and trade.gov Email: [email protected] Environmental Industries, U.S. David Nufrio, Deputy Director, Global Cathy Gibbons, Global Energy Team Department of Commerce, Phone: 1– Markets Asia, U.S. Department of Lead, U.S. Commercial Service, 202–482–3492, Email: victoria.yue@ Commerce, Phone: 1–202–482–5175, Westchester (New York), U.S. trade.gov Email: [email protected]

VerDate Sep<11>2014 17:47 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7709

Paul Taylor, Commercial Officer, U.S. automatically initiating the five-year Background reviews (Sunset Reviews) of the Embassy Jakarta (Indonesia), U.S. Commerce’s procedures for the antidumping and countervailing duty Department of Commerce, Phone: 62– conduct of Sunset Reviews are set forth (AD/CVD) order(s) and suspended 815–1080–0475, Email: paul.taylor@ in its Procedures for Conducting Five- investigation(s) listed below. The trade.gov Year (Sunset) Reviews of Antidumping International Trade Commission (the and Countervailing Duty Orders, 63 FR Gemal Brangman, ITC) is publishing concurrently with 13516 (March 20, 1998) and 70 FR Senior Advisor, Trade Missions, ITA Events this notice its notice of Institution of 62061 (October 28, 2005). Guidance on Management Task Force. Five-Year Reviews which covers the methodological or analytical issues [FR Doc. 2021–02022 Filed 1–29–21; 8:45 am] same order(s) and suspended relevant to Commerce’s conduct of BILLING CODE 3510–DR–P investigation(s). Sunset Reviews is set forth in DATES: Applicable February 1, 2021. Antidumping Proceedings: Calculation DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: of the Weighted-Average Dumping Commerce official identified in the Margin and Assessment Rate in Certain International Trade Administration Initiation of Review section below at Antidumping Duty Proceedings; Final AD/CVD Operations, Enforcement and Modification, 77 FR 8101 (February 14, Initiation of Five-Year (Sunset) Compliance, International Trade 2012). Reviews Administration, U.S. Department of Commerce, 1401 Constitution Avenue Initiation of Review AGENCY: Enforcement and Compliance, NW, Washington, DC 20230. For In accordance with section 751(c) of International Trade Administration, information from the ITC, contact Mary the Act and 19 CFR 351.218(c), we are Department of Commerce. Messer, Office of Investigations, U.S. initiating the Sunset Reviews of the SUMMARY: In accordance with the Tariff International Trade Commission at (202) following antidumping and Act of 1930, as amended (the Act), the 205–3193. countervailing duty order(s) and Department of Commerce (Commerce) is SUPPLEMENTARY INFORMATION: suspended investigation(s):

DOC case No. ITC case No. Country Product Commerce contact

A–602–807 ...... 731–TA–1264 .. Australia ...... Uncoated Paper (1st Review) ...... Mary Kolberg, (202) 482–1785. A–351–842 ...... 731–TA–2165 .. Brazil ...... Uncoated Paper (1st Review) ...... Mary Kolberg, (202) 482–1785. A–570–888 ...... 731–TA–1047 .. China ...... Floor-Standing, Metal-Top Ironing Tables Jacqueline Arrowsmith, (202) 482–5255. and Parts Thereof (3rd Review). A–570–001 ...... 731–TA–125 .... China ...... Potassium Permanganate (5th Review) ..... Thomas Martin, (202) 482–3936. A–570–956 ...... 731–TA–1168 .. China ...... Seamless Carbon and Alloy Steel Stand- Thomas Martin, (202) 482–3936. ard, Line and Pressure Pipe (2nd Re- view). C–570–957 ...... 701–TA–469 .... China ...... Seamless Carbon and Alloy Steel Stand- Mary Kolberg, (202) 482–1785. ard, Line and Pressure Pipe (2nd Re- view). A–570–022 ...... 731–TA–1266 .. China ...... Uncoated Paper (1st Review) ...... Mary Kolberg, (202) 482–1785. C–570–023 ...... 701–TA–528 .... China ...... Uncoated Paper (1st Review) ...... Mary Kolberg, (202) 482–1785. A–560–828 ...... 731–TA–1267 .. Indonesia ...... Uncoated Paper (1st Review) ...... Mary Kolberg, (202) 482–1785. C–560–829 ...... 701–TA–529 .... Indonesia ...... Uncoated Paper (1st Review) ...... Mary Kolberg, (202) 482–1785. A–471–807 ...... 731–TA–1268 .. Portugal ...... Uncoated Paper (1st Review) ...... Mary Kolberg, (202) 482–1785.

Filing Information In accordance with section 782(b) of those seeking recognition as interested As a courtesy, we are making the Act, any party submitting factual parties to a proceeding submit an entry information related to sunset information in an AD/CVD proceeding of appearance within 10 days of the proceedings, including copies of the must certify to the accuracy and publication of the Notice of Initiation. pertinent statute and Commerce’s completeness of that information. Because deadlines in Sunset Reviews regulations, Commerce’s schedule for Parties must use the certification can be very short, we urge interested Sunset Reviews, a listing of past formats provided in 19 CFR 351.303(g). parties who want access to proprietary revocations and continuations, and Commerce intends to reject factual information under administrative current service lists, available to the submissions if the submitting party does protective order (APO) to file an APO public on Commerce’s website at the not comply with applicable revised application immediately following following address: https:// certification requirements. publication in the Federal Register of enforcement.trade.gov/sunset/. All Letters of Appearance and this notice of initiation. Commerce’s submissions in these Sunset Reviews Administrative Protective Orders regulations on submission of proprietary must be filed in accordance with information and eligibility to receive Commerce’s regulations regarding Pursuant to 19 CFR 351.103(d), access to business proprietary format, translation, and service of Commerce will maintain and make information under APO can be found at documents. These rules, including available a public service list for these 19 CFR 351.304–306. Note that electronic filing requirements via proceedings. Parties wishing to Commerce has temporarily modified Enforcement and Compliance’s participate in any of these five-year certain of its requirements for serving Antidumping and Countervailing Duty reviews must file letters of appearance documents containing business Centralized Electronic Service System as discussed at 19 CFR 351.103(d). To (ACCESS), can be found at 19 CFR facilitate the timely preparation of the 351.303. public service list, it is requested that

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7710 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

proprietary information, until further DEPARTMENT OF COMMERCE Decision Memorandum is a public notice.1 document and is on file electronically International Trade Administration via Enforcement and Compliance’s Information Required From Interested [A–201–853] Antidumping and Countervailing Duty Parties Centralized Electronic Service System Domestic interested parties, as Standard Steel Welded Wire Mesh (ACCESS). ACCESS is available to registered users at https:// defined in section 771(9)(C), (D), (E), (F), From Mexico: Preliminary Affirmative access.trade.gov. In addition, a complete and (G) of the Act and 19 CFR Determination of Sales at Less Than Fair Value, Postponement of Final version of the Preliminary Decision 351.102(b), wishing to participate in a Memorandum can be accessed directly Sunset Review must respond not later Determination, and, Extension of Provisional Measures at http://enforcement.trade.gov/frn/. than 15 days after the date of The signed and the electronic versions publication in the Federal Register of AGENCY: Enforcement and Compliance, of the Preliminary Decision this notice of initiation by filing a notice International Trade Administration, Memorandum are identical in content. of intent to participate. The required Department of Commerce. Scope of the Investigation contents of the notice of intent to SUMMARY: The Department of Commerce participate are set forth at 19 CFR (Commerce) preliminarily determines The products covered by this 351.218(d)(1)(ii). In accordance with that standard steel welded wire mesh investigation are wire mesh from Commerce’s regulations, if we do not (wire mesh) from Mexico is being, or is Mexico. For a complete description of receive a notice of intent to participate likely to be, sold in the United States at the scope of this investigation, see from at least one domestic interested less than fair value (LTFV). The period Appendix I. party by the 15-day deadline, Commerce of investigation (POI) is April 1, 2019, Scope Comments through March 31, 2020. Interested will automatically revoke the order In accordance with the preamble to 2 parties are invited to comment on this without further review. Commerce’s regulations,4 the Initiation preliminary determination. If we receive an order-specific notice Notice set aside a period of time for of intent to participate from a domestic DATES: Applicable February 1, 2021. parties to raise issues regarding product interested party, Commerce’s FOR FURTHER INFORMATION CONTACT: coverage (i.e., scope).5 Certain interested regulations provide that all parties Alice Maldonado or Melissa Kinter, AD/ parties commented on the scope of the wishing to participate in a Sunset CVD Operations, Office II, Enforcement investigation as it appeared in the Review must file complete substantive and Compliance, International Trade Initiation Notice. For a summary of the responses not later than 30 days after Administration, U.S. Department of product coverage and rebuttal the date of publication in the Federal Commerce, 1401 Constitution Avenue comments submitted on the record for Register of this notice of initiation. The NW, Washington, DC 20230; telephone: this investigation, see the Preliminary 6 required contents of a substantive (202) 482–4682 or (202) 482–1413, Decision Memorandum. Commerce has not modified the scope language as it response, on an order-specific basis, are respectively. appeared in the Initiation Notice. set forth at 19 CFR 351.218(d)(3). Note SUPPLEMENTARY INFORMATION: Methodology that certain information requirements Background differ for respondent and domestic Commerce is conducting this parties. Also, note that Commerce’s This preliminary determination is investigation in accordance with section information requirements are distinct made in accordance with section 733(b) 731 of the Act. Commerce has from the ITC ’s information of the Tariff Act of 1930, as amended calculated constructed export prices in requirements. Consult Commerce’s (the Act). Commerce published the accordance with section 772(b) of the notice of initiation of this investigation regulations for information regarding Act. Normal value is calculated in on July 27, 2020.1 On November 18, Commerce’s conduct of Sunset Reviews. accordance with section 773 of the Act. 2020, Commerce postponed the Consult Commerce’s regulations at 19 Furthermore, pursuant to section 776(a) preliminary determination of this CFR part 351 for definitions of terms and (b) of the Act, Commerce has investigation, and the revised deadline preliminarily relied upon facts and for other general information is now January 26, 2021.2 For a concerning antidumping and otherwise available with adverse complete description of the events that inferences for Deacero S.A.P.I. de C.V. countervailing duty proceedings at followed the initiation of this Commerce. (Deacero). For a full description of the investigation, see the Preliminary methodology underlying the 3 This notice of initiation is being Decision Memorandum. A list of topics preliminary determination, see the published in accordance with section included in the Preliminary Decision Preliminary Decision Memorandum. 751(c) of the Act and 19 CFR 351.218(c). Memorandum is included as Appendix II to this notice. The Preliminary All-Others Rate Dated: January 14, 2021. Sections 733(d)(1)(ii) and 735(c)(5)(A) James Maeder, 1 See Standard Steel Welded Wire Mesh from of the Act provide that, in the Deputy Assistant Secretary for Antidumping Mexico: Initiation of Less-Than-Fair-Value preliminary determination, Commerce and Countervailing Duty Operations. Investigation, 85 FR 45167 (July 27, 2020) (Initiation Notice). shall determine an estimated all-others [FR Doc. 2021–02078 Filed 1–29–21; 8:45 am] 2 See Standard Steel Welded Wire Mesh from rate for all exporters and producers not BILLING CODE 3510–DS–P Mexico: Postponement of Preliminary individually examined. This rate shall Detremination in the Less-Than-Fair Value be an amount equal to the weighted Investigation, 85 FR 73459 (November 18, 2020). average of the estimated weighted- 3 See Memorandum, ‘‘Decision Memorandum for

1 the Preliminary Determination in the Less-Than- See Temporary Rule Modifying AD/CVD Service Fair-Value Investigation of Standard Steel Welded 4 See Antidumping Duties; Countervailing Duties, Requirements Due to COVID–19, 85 FR 41363 (July Wire Mesh from Mexico,’’ dated concurrently with, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 10, 2020). and hereby adopted by, this notice (Preliminary 5 See Initiation Notice. 2 See 19 CFR 351.218(d)(1)(iii). Decision Memorandum). 6 See Preliminary Decision Memorandum.

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7711

average dumping margins established entirely on adverse facts available (AFA) assigned as the rate for all-other for exporters and producers to Deacero. Therefore, the only rate that producers and exporters. individually investigated, excluding any is not zero, de minimis or based entirely Preliminary Determination zero and de minimis margins, and any on adverse facts otherwise available is margins determined entirely under the rate calculated for Aceromex, S.A. Commerce preliminarily determines section 776 of the Act. de C.V. (Aceromex). Consequently, the that the following estimated weighted- In this investigation, Commerce rate calculated for Aceromex is also preliminarily assigned a rate based average dumping margins exist:

Estimated weighted- Cash deposit average rate (adjusted Exporter/producer dumping for subsidy margin offset(s)) 7 (percent) (percent)

Aceromex, S.A. de C.V ...... 23.67 22.65 Deacero S.A.P.I. de C.V ...... * 152.68 151.66 All Others ...... 23.67 22.65 * AFA

Suspension of Liquidation effect. Accordingly, where Commerce standard procedures, including an on- In accordance with section 733(d)(2) preliminarily made an affirmative site examination of original accounting, of the Act, Commerce will direct U.S. determination for countervailable export financial, and sales documentation. Customs and Border Protection (CBP) to subsidies, Commerce has offset the However, due to current travel suspend liquidation of entries of subject estimated weighted-average dumping restrictions in response to the global merchandise, as described in Appendix margin by the appropriate CVD rate. COVID–19 pandemic, Commerce is I, entered, or withdrawn from Any such adjusted cash deposit rate unable to conduct on-site verification in warehouse, for consumption on or after may be found in the Preliminary this investigation. Accordingly, we the date of publication of this notice in Determination section above. intend to verify the information relied the Federal Register. Further, pursuant Should provisional measures in the upon in making the final determination to section 733(d)(1)(B) of the Act and 19 companion CVD investigation expire through alternative means in lieu of an CFR 351.205(d), Commerce will instruct prior to the expiration of provisional on-site verification. CBP to require a cash deposit equal to measures in this LTFV investigation, Public Comment the estimated weighted-average Commerce will direct CBP to begin dumping margin or the estimated all- collecting estimated antidumping duty Case briefs or other written comments others rate, as follows: (1) The cash cash deposits unadjusted for may be submitted to the Assistant deposit rate for the respondents listed countervailed export subsidies at the Secretary for Enforcement and above will be equal to the company- time that the provisional CVD measures Compliance. A timeline for the specific estimated weighted-average expire. These suspension of liquidation submission of case briefs and written dumping margins determined in this instructions will remain in effect until comments will be notified to interested preliminary determination; (2) if the further notice. parties at a later date. Rebuttal briefs, limited to issues raised in case briefs, exporter is not a respondent identified Disclosure above, but the producer is, then the cash may be submitted no later than seven deposit rate will be equal to the Commerce intends to disclose its days after the deadline date for case company-specific estimated weighted- calculations and analysis performed to briefs.8 Note that Commerce has average dumping margin established for interested parties in this preliminary temporarily modified certain of its that producer of the subject determination within five days of any requirements for serving documents merchandise; and (3) the cash deposit public announcement or, if there is no containing business proprietary rate for all other producers and public announcement, within five days information, until further notice.9 exporters will be equal to the all-others of the date of publication of this notice Pursuant to 19 CFR 351.309(c)(2) and estimated weighted-average dumping in accordance with 19 CFR 351.224(b). (d)(2), parties who submit case briefs or margin. rebuttal briefs in this investigation are Verification Commerce normally adjusts cash encouraged to submit with each deposits for estimated antidumping As provided in section 782(i)(1) of the argument: (1) A statement of the issue; duties by the amount of export subsidies Act, Commerce intends to verify the (2) a brief summary of the argument; countervailed in a companion information relied upon in making its and (3) a table of authorities. countervailing duty (CVD) proceeding, final determination. Normally, Pursuant to 19 CFR 351.310(c), when CVD provisional measures are in Commerce verifies information using interested parties who wish to request a

7 In the companion countervailing duty (CVD) margin, the export subsidy offset for all other (i.e., 1.02 percent related to the Eighth Rule Permit investigation, Commerce calculated a 1.02 percent producers and exporters is the lesser of the export Program). export subsidy rate for Aceromex and for all other subsidy rate for Aceromex and the export subsidy 8 See 19 CFR 351.309; see also 19 CFR 351.303 producers and exporters under the program ‘‘Eighth rate for all other producers and exporters in the (for general filing requirements). Rule Permit Program.’’ See Standard Steel Welded CVD preliminary determination (i.e., 1.02 percent). 9 Wire Mesh from Mexico: Preliminary Affirmative See Temporary Rule Modifying AD/CVD Service Countervailing Duty Determination, 85 FR 78124 The cash deposit rate for Deacero is equal to the Requirements Due to COVID–19, 85 FR 17006 (December 3, 2020), and accompanying Preliminary petition rate (152.68 percent) adjusted for the (March 26, 2020) (Temporary Rule); and Temporary Decision Memorandum at 14–18. Because we lowest rate of export subsidies found for any Rule Modifying AD/CVD Service Requirements Due determined the LTFV all-others rate based on company in the most recently-completed segment to COVID–19; Extension of Effective Period, 85 FR Aceromex’s estimated weighted-average dumping in the companion countervailing duty proceeding 41363 (July 10, 2020).

VerDate Sep<11>2014 18:41 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7712 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

hearing, limited to issues raised in the determination and extending the square inch (i.e., W1.4 or D1.4 is .014 square case and rebuttal briefs, must submit a provisional measures from a four-month inches). written request to the Assistant period to a period not greater than six Smooth wire is wire that has a uniform Secretary for Enforcement and months. Accordingly, Commerce will cross-sectional diameter throughout the length of the wire. Compliance, U.S. Department of make its final determination no later Deformed wire is wire with indentations or Commerce, within 30 days after the date than 135 days after the date of raised transverse ribs, which results in wire of publication of this notice. Requests publication of this preliminary that does not have a uniform cross-sectional should contain the party’s name, determination. diameter throughout the length of the wire. address, and telephone number, the Rolls of subject wire mesh are produced in International Trade Commission number of participants, whether any the following styles and nominal width and Notification participant is a foreign national, and a length combinations: list of the issues to be discussed. If a In accordance with section 733(f) of Style: 6 X 6 W1.4/W1.4 or D1.4/D1.4 (i.e., 10 request for a hearing is made, Commerce the Act, Commerce will notify the gauge) International Trade Commission (ITC) of Roll Sizes: intends to hold the hearing at a time and ′ ′ its preliminary determination. If the 5 X 50 date to be determined. Parties should 5′ X 150′ confirm by telephone the date, time, and final determination is affirmative, the 6′ X 150′ location of the hearing two days before ITC will determine before the later of 5′ X 200′ the scheduled date. 120 days after the date of this 7′ X 200′ preliminary determination or 45 days 7.5′ X 200′ Postponement of Final Determination after the final determination whether Style: 6 X 6 W2.1/W2.1 or D2.1/D2.1 (i.e., 8 and Extension of Provisional Measures these imports are materially injuring, or gauge) Section 735(a)(2) of the Act provides threaten material injury to, the U.S. Roll Sizes: ′ ′ that a final determination may be industry. 5 X 150 postponed until not later than 135 days Style: 6 X 6 W2.9/W2.9 or D2.9/D2.9 (i.e., 6 Notification to Interested Parties gauge) after the date of the publication of the Roll Sizes: preliminary determination if, in the This determination is issued and 5′ X 150′ event of an affirmative preliminary published in accordance with sections 7′ X 200′ determination, a request for such 733(f) and 777(i)(1) of the Act and 19 All rolled wire mesh is included in scope postponement is made by exporters who CFR 351.205(c). regardless of length. account for a significant proportion of Dated: January 26, 2020. Sheets of subject wire mesh are produced in the following styles and nominal width exports of the subject merchandise, or in Christian Marsh, the event of a negative preliminary and length combinations: Acting Assistant Secretary for Enforcement Style: 6 X 6 W1.4/W1.4 or D1.4/D1.4 (i.e., 10 determination, a request for such and Compliance. postponement is made by the petitioner. gauge) Appendix I—Scope of the Investigation Sheet Size: Section 351.210(e)(2) of Commerce’s 3′6″ X 7′ regulations requires that a request by The merchandise covered by this 4′ X 7′ exporters for postponement of the final investigation is uncoated standard welded 4′ X 7′6″ determination be accompanied by a steel reinforcement wire mesh (wire mesh) 5′ X 10′ request for extension of provisional produced from smooth or deformed wire. 7′ X 20′ measures from a four-month period to a Subject wire mesh is produced in square and 7′6″ X 20′ rectangular grids of uniformly spaced steel ′ ′ ″ period not more than six months in 8 X 12 6 wires that are welded at all intersections. 8′ X 15′ duration. Sizes are specified by combining the spacing ′ ′ On January 13, 2021, and January 21, 8 X 20 of the wires in inches or millimeters and the Style: 6 X 6 W2.1/W2.1 or D2.1/D2.1 (i.e., 8 2021 pursuant to 19 CFR 351.210(e), wire cross-sectional area in hundredths of gauge) Insteel Industries Inc., Mid South Wire square inch or millimeters squared. Subject Sheet Size: 5′ X 10′ Company, National Wire LLC, wire mesh may be packaged and sold in rolls 7′ X 20′ Oklahoma Steel & Wire Co., and Wire or in sheets. 7′6″ X 20′ Mesh Corp. (the petitioners) and Subject wire mesh is currently produced to 8′ X 12′6″ Aceromex requested that Commerce ASTM specification A1064/A1064M, which 8′ X 15′ covers carbon-steel wire and welded wire ′ ′ postpone the final determination and 8 X 20 reinforcement, smooth and deformed, for Style: 6 X 6 W2.9/W2.9 or D2.9/D2.9 (i.e., 6 that provisional measures be extended concrete in the following seven styles: 10 gauge) to a period not to exceed six months. 1. 6 X 6 W1.4/W1.4 or D1.4/D1.4 Sheet Size: In accordance with section 735(a)(2)(A) 2. 6 X 6 W2.1/W2.1 or D2.1/D2.1 3′6″ X 20′ of the Act and 19 CFR 351.210(b)(2)(ii), 3. 6 X 6 W2.9/W2.9 or D2.9/D2.9 5′ X 10′ because: (1) The preliminary 4. 6 X 6 W4/W4 or D4/D4 7′ X 20′ determination is affirmative; (2) the 5. 6 X 12 W4/W4 or D4/D4 7′6″ X 20′ requesting exporter accounts for a 6. 4 X 4 W2.9/W2.9 or D2.9/D2.9 8′ X 12′6″ 7. 4 X 4 W4/W4 or D4/D4 8′ X 15′ significant proportion of exports of the ′ ′ subject merchandise; and (3) no The first number in the style denotes the 8 X 20 Style: 6 X 12 W4/W4 or D4/D4 (i.e., 4 gauge) compelling reasons for denial exist, nominal spacing between the longitudinal wires and the second number denotes the Sheet Size: 8′ X 20′ Commerce is postponing the final nominal spacing between the transverse Style: 4 X 4 W2.9/W2.9 or D2.9/D2.9 (i.e., 6 wires. In the first style listed above, for gauge) 10 See Petitioners’ Letter, ‘‘Standard Steel Welded example, ‘‘6 X 6’’ denotes a grid size of six Sheet Size: Wire Mesh from Mexico—Petitioners’ Request for inches by six inches. ‘‘W’’ denotes the use of 5′ X 10′ Postponement of Final Antidumping 7′ X 20′ Determination,’’ dated January 13, 2021; see also smooth wire, and ‘‘D’’ denotes the use of deformed wire in making the mesh. The 7′6″ X 20′ Aceromex’s Letter, ‘‘Standard Steel Welded Wire ′ ′ ″ Mesh from Mexico: Aceromex’s Request to Extend number following the W or D denotes the 8 X 12 6 the Due Date for the Final Determination,’’ dated nominal cross-sectional area of the transverse 8′ X 12′8″ January 21, 2021. and longitudinal wires in hundredths of a 8′ X 15′

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7713

8′ X 20′ ASTM specification A1064/A1064M It also permits a wire diameter tolerance of Style: 4 X 4 W4/W4 or D4/D4 (i.e., 4 gauge) provides for permissible variations in wire ± 0.003 inches for products up to W5/D5 and Sheet Size: gauges, the spacing between transverse and ± 0.004 for sizes over W5/D5. A producer 5′ X 10′ longitudinal wires, and the length and width ′ ′ ″ may oversteel by increasing smooth or 8 X 12 6 combinations. To the extent a roll or sheet of deformed wire diameter up to two whole 8′ X 12′8″ welded wire mesh falls within these number size increments on Table 1 of A1064. 8′ X 15′ permissible variations, it is within this scope. Subject wire mesh has the following actual 8′ X 20′ ASTM specification A1064/A1064M also Any product imported, sold, or invoiced in defines permissible oversteeling, which is the wire diameter ranges, which account for both one of these size combinations is within the use of a heavier gauge wire with a larger oversteeling and diameter tolerance: scope. cross-sectional area than nominally specified.

Maximum W/D No. oversteeling Diameter range No. (inch)

1.4 (i.e., 10 gauge) ...... 3.4 0.093 to 0.211. 2.1 (i.e., 8 gauge) ...... 4.1 0.161 to 0.231. 2.9 (i.e., 6 gauge) ...... 4.9 0.189 to 0.253. 4.0 (i.e., 4 gauge) ...... 6.0 0.223 to 0.280.

To the extent a roll or sheet of welded wire V. Scope of the Investigation of this notice. We invite the general mesh falls within the permissible variations VI. Application of Facts Available, Use of public and other Federal agencies to provided above, it is within this scope. Adverse Inferenes, and Calculation of comment on proposed, and continuing In addition to the tolerances permitted in All-Others Rate information collections, which helps us ASTM specification A1064/A1064M, wire VII. Discussion of the Methodology assess the impact of our information mesh within this scope includes A. Determination of the Comparison combinations where: Method collection requirements and minimize 1. A width and/or length combination B. Results of the Differential Pricing the public’s reporting burden. Public varies by ± one grid size in any direction, i.e., Analysis comments were previously requested ± 6 inches in length or width where the wire VIII. Date of Sale via the Federal Register on October 28, mesh’s grid size is ‘‘6 X 6’’; and/or IX. Product Comparisons 2020, during a 60-day comment period. 2. The center-to-center spacing between X. Constructed Export Price This notice allows for an additional 30 individual wires may vary by up to one XI. Normal Value days for public comments. quarter of an inch from the nominal grid size A. Home Market Viability Agency: National Oceanic & specified. B. Affiliated-Party Transactions and Arm’s Atmospheric Administration, Length is measured from the ends of any Length Test Commerce. wire and width is measured between the C. Level of Trade Title: Sea Grant Program Application center-line of end longitudinal wires. D. Cost of Production (COP) Analysis Additionally, although the subject wire 1. Calculation of COP Requirements for Grants, for Sea Grant mesh typically meets ASTM A1064/A1064M, 2. Test of Comparison Market Sales Prices Fellowships, including the Dean John A. the failure to include certifications, test 3. Results of the COP Test Knauss Marine Policy Fellowships, and reports or other documentation establishing XII. Currency Conversion for Designation as a Sea Grant College that the product meets this specification does XIII. Recommendation or Sea Grant Institution. not remove the product from the scope. Wire [FR Doc. 2021–02079 Filed 1–29–21; 8:45 am] OMB Control Number: 0648–0362. mesh made to comparable foreign Form Number(s): NOAA Forms 90–1; specifications (e.g., DIN, JIS, etc.) or BILLING CODE 3510–DS–P 90–2; 90–4. proprietary specifications is included in the Type of Request: Regular submission. scope. DEPARTMENT OF COMMERCE Revision and extension of a current Excluded from the scope is wire mesh that information collection. is galvanized (i.e., coated with zinc) or coated Number of Respondents: 114. with an epoxy coating. In order to be National Oceanic and Atmospheric Administration Average Hours per Response: Form excluded as galvanized, the excluded welded 90–1—30 minutes; Form 90–2 (Excel)— wire mesh must have a zinc coating thickness meeting the requirements of ASTM Agency Information Collection 20 minutes, (Webform)—15 minutes; specification A641/A641M. Epoxy coating is Activities; Submission to the Office of Form 90–4—15 minutes; Application for a mix of epoxy resin and hardener that can Management and Budget (OMB) for Designation as a Sea Grant College or be applied to the surface of steel wire. Review and Approval; Comment Regional Consortia—20 hours; Merchandise subject to this investigation Request; Sea Grant Program Application for Sea Grant Fellowship— are classified under Harmonized Tariff Application Requirements for Grants, 2 hours. Schedule of the United States (HTSUS) for Sea Grant Fellowships, Including Total Annual Burden Hours: 783. categories 7314.20.0000 and 7314.39.0000. Needs and Uses: This request is for While HTSUS subheadings are provided for the Dean John A. Knauss Marine Policy Fellowships, and for the extension, with minor proposed convenience and customs purposes, the revisions, of a currently approved written description of the scope of this Designation as a Sea Grant College or investigation is dispositive. Sea Grant Institution information collection. The objectives of the National Sea Grant College Program, Appendix II—List of Topics Discussed The Department of Commerce will as stated in the Sea Grant legislation (33 in the Preliminary Decision submit the following information U.S.C. 1121 § et seq.) are to increase the Memorandum collection request to the Office of understanding, assessments, I. Summary Management and Budget (OMB) for development, utilization, and II. Background review and clearance in accordance conservation of the Nation’s ocean, III. Period of Investigation with the Paperwork Reduction Act of coastal, and Great Lakes resources. It IV. Scope Comments 1995, on or after the date of publication accomplishes these objectives by

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7714 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

conducting research, education, and requirements and improvements to third lines, ‘‘January 29, 2021’’ should outreach programs. Grant monies are information management and the user read ‘‘February 8, 2021’’. available for funding activities that help interface. This modification would [FR Doc. C1–2020–28694 Filed 1–29–21; 8:45 am] obtain the objectives of the Sea Grant enable synchronization of existing PIER BILLING CODE 1300–01–D Program. Both single and multi-project data, so that time of user entry and data grants are awarded, with the latter quality control is minimized. representing approximately 80 percent Additionally, two new information CORPORATION FOR NATIONAL AND of the total grant program. In addition to fields will be added that are required to COMMUNITY SERVICE other standard grant application better resolve two existing data fields, requirements, three forms are required while one field will be eliminated. Such Privacy Act of 1974; Matching Program with the grants. The Sea Grant Control revisions will be reflected on both the Form (NOAA Form 90–1) is used to Excel-based forms and the webform. AGENCY: Corporation for National and identify the organizations and personnel Affected Public: Academic and not- Community Service. who would be involved in the grant and for-profit institutions; individuals or ACTION: Notice of a Modified Matching briefly summarize the proposed households; business or other for-profit Program. activities under the grant. The Project organizations; State, Local, or Tribal SUMMARY: In accordance with the Record Form (NOAA Form 90–2), which government. collects summary data on projects, helps Privacy Act of 1974, as amended by the Frequency: On occasion. Computer Matching and Privacy the National Sea Grant Office (NSGO) Respondent’s Obligation: Required to evaluate the proposals during its Protection Act of 1988, OMB Final Obtain or Retain Benefits. Guidance Interpreting the Provisions of funding decisions. The Sea Grant Legal Authority: Sea Grant legislation, Budget Form (NOAA Form 90–4) the Computer Matching and Privacy 33 U.S.C. 1121–1131. Protection Act of 1988, and OMB provides information similar to, but This information collection request more detailed than, standardized budget Circular No. A–130, ‘‘Management of may be viewed at www.reginfo.gov. Federal Information Resources,’’ the forms SF–424A or SF–424C, and allows Follow the instructions to view the the NSGO to determine whether or not Corporation for National and Department of Commerce collections Community Service (operating as the breakdown cost of multi-project currently under review by OMB. grant awards is reasonable. Collectively, AmeriCorps) is issuing a public notice Written comments and of the computer matching program with the data supplied in these documents recommendations for the proposed form the basis for many of NSGO’s the Social Security Administration information collection should be (SSA). responses to the Administration, the submitted within 30 days of the Congress, other agencies, and to the publication of this notice on the DATES: AmeriCorps will file a report of public about the scope of Sea Grant following website www.reginfo.gov/ the subject computer matching activities. public/do/PRAMain. Find this agreement with the Office of The National Sea Grant College particular information collection by Management and Budget and Congress. Program Act (33 U.S.C. 1126) also selecting ‘‘Currently under 30-day The matching program will begin April provides for the designation of a public Review—Open for Public Comments’’ or 1, 2021 or 40 days after the date of or private institution of higher by using the search function and AmeriCorps’ submissions to OMB and education, institute, laboratory, or State entering either the title of the collection Congress, whichever is later. The or local agency as a Sea Grant college or or the OMB Control Number 0648–0362. matching program will continue for 18 Sea Grant institute. Applications are months after the effective date and may required for designation of Sea Grant Sheleen Dumas, be extended for an additional 12 months Colleges and Sea Grant Institutes, Department PRA Clearance Officer, Office of thereafter, if the conditions specified in although no forms are required. The the Chief Information Officer, Commerce 5 U.S.C. 552a(o)(2)(D) have been met. Department. data the collection provides helps the ADDRESSES: You may submit comments, National Sea Grant Office determine the [FR Doc. 2021–02085 Filed 1–29–21; 8:45 am] identified by the title of the information suitability of the applicant for meeting BILLING CODE 3510–KA–P collection activity, by email to: tking@ the standards and conditions for being cns.gov. a Sea Grant College as set forth in 33 U.S.C. 1126 and 15 CFR 918.5. DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION: Terence The NSGO proposes two revisions to King, Acting Senior Agency Official for this information collection. The NOAA National Oceanic and Atmospheric Privacy, 202–815–4246, or by email at Form 90–2 is currently collected using Administration [email protected]. an Excel spreadsheet (100% of use SUPPLEMENTARY INFORMATION: The cases). The NSGO intends to migrate the [RTID 0648–XA735] Privacy Act of 1974 (5 U.S.C. 552a), as Excel spreadsheet to an online webform amended by the Computer Matching that is hosted on Sea Grant’s Planning, Taking and Importing Marine and Privacy Protection Act of 1988 (Pub. Implementation and Evaluation Mammals; Taking Marine Mammals L. 100–503), regulates the use of Resource (PIER) database. The online Incidental to Training Activities in the computer matching agreements by webform would provide an additional Gulf of Alaska Temporary Maritime Federal agencies when records in a and alternative method of information Activities Area system of records are matched with collection, but not eliminate the option other Federal, state, or local government Correction for an Excel-based collection. During records. Among other things, it requires implementation (testing Q2/3–FY21; In notice document 2020–28694, Federal agencies involved in computer rollout Q4–FY21), the webform will appearing on pages 1483 through 1484 matching agreements to publish a notice likely require cosmetic modifications on in the issue of Friday, January 8, 2021 in the Federal Register regarding the the form structure, but no additional make the following correction. establishment of the matching program. data fields will be added. Such On page 1483, in the second column, This agreement will be in effect for a modifications will be driven by software in the DATES section, on the second and period of 18 months, with a provision

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7715

for a one-time extension for a period not and the regulations and guidance for and obtained an SSN. SSA uses to exceed 12 months. In order to renew promulgated under the Act. information from this system to assign this agreement, both AmeriCorps and SSA’s legal authority to enter into this SSNs. SSA must certify to their respective Data agreement is section 1106 of the Social System(s) of Records: The information Integrity Boards that: (1) The matching Security Act (42 U.S.C. 1306) and the AmeriCorps provides from the program will be conducted without regulations promulgated pursuant to AmeriCorps Member Individual change; and (2) the matching program that section (20 CFR part 401). The Account; Corporation-8 system of has been conducted in compliance with authority for SSA’s disclosure of record records, published in full on March 5, the original agreement. information is 5 U.S.C. 552a (b)(3). 1999 (64 FR 10879–10893), as amended AmeriCorps will provide SSA with a Section 146(a)(3) of the NCSA (42 on August 1, 2000, (65 FR 46890–46905) data file including each applicant’s and U.S.C. 12602(a)) sets forth the eligibility and July 25, 2002 (67 FR 48616–48617) potential education award recipient’s requirements for an individual to will be matched against this system of social security number, first and last receive an Education Award from the records and verification results will be names, and date of birth. SSA will National Service Trust upon successful disclosed under the applicable routine conduct a match on the identifying completion of a term of service in an use. information. If the match does not approved national service position. Dated: January 27, 2021. Section 1711 of the Serve America Act return a result verifying the individual’s Ndiogou Cisse, citizenship status, AmeriCorps will (Pub. L. 111–13) directs AmeriCorps to Chief Information Officer. contact the individual or the grant enter into a data matching agreement to recipient program that selected the verify statements made by an individual [FR Doc. 2021–02071 Filed 1–29–21; 8:45 am] individual to verify the results in declaring that such individual is in BILLING CODE 6050–28–P accordance with the requirements of 5 compliance with section 146(a)(3) of the U.S.C. 552a(p) and applicable OMB NCSA by comparing information guidelines. The affected individual will provided by the individual with DEPARTMENT OF DEFENSE have an opportunity to contest the information relevant to such a Department of the Air Force accuracy of the information provided by declaration in the possession of another SSA. The applicant will have at least 30 Federal agency. In accordance with the Record of Decision for the days from the date of the notice to study AmeriCorps completed pursuant Environmental Impact Statement provide clear and convincing evidence to section 1711 of the Serve America United States Air Force F–35A of the accuracy of the social security Act, AmeriCorps determined that a data Operational Beddown Air Force number, proof of U.S. citizenship, or matching program with SSA is the most Reserve Command both. effective means to verify an individual’s Applicants will be informed at the statement that he or she is in AGENCY: Department of the Air Force, time of application that information compliance with section 146(a)(3) of the Department of the Navy, Department of provided on the application is subject to NCSA. Defense. verification through a computer Purpose(s): The computer match ACTION: Notice of availability of record matching program. The application between AmeriCorps and SSA will of decision. package will contain a privacy enable AmeriCorps to verify the social certification notice that the applicant security numbers of individuals SUMMARY: On December 22, 2020, the must sign authorizing AmeriCorps to applying to serve in approved national United States Air Force (USAF) signed verify the information provided. service positions and those designated the Record of Decision (ROD) for the For transferees of education awards, to receive national service education Environmental Impact Statement: at the time an award is transferred, awards under the National and United States Air Force F–35A AmeriCorps will provide individual Community Service Act of 1990 (NCSA) Operational Beddown Air Force Reserve notice that the SSN is subject to and verify statements made by those Command. The Department of the Navy verification through a computer individuals regarding their citizenship (Navy) previously signed the same ROD matching program. AmeriCorps will status. on October 29, 2020. send a privacy notice to the transferee, Categories of Individuals: Each ADDRESSES: Mr. Hamid Kamalpour, and in the case of a minor, to the parent individual who is eligible to receive an AFCEC/CZN, 2261 Hughes Avenue, or legal guardian. The transferee, parent, education award or applies to serve in Suite 155, JBSA-Lackland Air Force or legal guardian must sign the privacy an approved national service position, Base, Texas 78236–9853, (210) 925– certification authorizing AmeriCorps to including positions in AmeriCorps State 2738; [email protected]. The verify the information provided. and National, AmeriCorps VISTA, complete text of the ROD is available on AmeriCorps will furnish a copy of AmeriCorps NCCC, and Serve America the project website at https://www.afrc- this notice to both Houses of Congress Fellows, must, at the time of acceptance f35a-beddown.com/, along with the and the Office of Management and of an education award or application to Final EIS and supporting documents. Budget. serve, certify that the individual meets SUPPLEMENTARY INFORMATION: The USAF Participating Agencies: Participants in the citizenship eligibility criteria to has decided to beddown its 7th this computer matching program are the serve in the position, i.e., is a citizen, Operational squadron (Ops 7) of up to Social Security Administration (source national, or lawful permanent resident 24 F–35A Primary Aerospace Vehicles agency) and the Corporation for of the United States. Authorized (PAA) with 2 Backup National and Community Service Categories of Records: The Master Aircraft Inventory (BAI) in one (recipient agency). Files of Social Security Number Holders squadron under the Air Force Reserve Authority for Conducting the and SSN Applications SSA/OTSO 60– Command at Naval Air Station Joint Matching Program: This agreement is 0058, last published in full on December Reserve Base Fort Worth, Texas. The executed in compliance with the 29, 2010 (75 FR 82121), as amended on Navy concurs in the Air Force’s Privacy Act of 1974, as amended by the July 5, 2013 (78 FR 40542) and February decision. Computer Matching and Privacy 13, 2014 (79 FR 8780) maintains records The USAF and Navy decision Protection Act of 1988 (5 U.S.C. 552a), about each individual who has applied documented in the ROD was based on

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7716 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

matters discussed in the Final Washington, DC 20202, telephone: (202) • Any other advisory function Environmental Impact Statement, inputs 453–7757, or email: relating to accreditation and from the public and regulatory agencies, [email protected]. institutional eligibility that the and other relevant factors. The USAF is SUPPLEMENTARY INFORMATION: Please Secretary of Education may prescribe by the lead agency with the Navy as a note that a notice setting forth the regulation. cooperating agency. The Final agenda, time, and instructions to access Meeting Agenda: Agenda items for the Environmental Impact Statement was or participate in a meeting of the March 3–5, 2021, meeting are listed made available to the public on August NACIQI on February 24–25, 2021 was below. 21, 2020 through a Notice of posted for public inspection by the Application for Renewal of Recognition Availability in the Federal Register Federal Register on January 27, 2021. At (Volume 85, Number 163, Page 51693) the Department’s request, that notice 1. Association of Institutions of with a waiting period that ended on has been withdrawn, and this notice Jewish Studies. Scope of Recognition: September 21, 2020. provides information about the NACIQI The accreditation of postsecondary Authority: This Notice of Availability is meeting, which has been rescheduled to institutions of Jewish Studies within the published pursuant to the regulations (40 March 3–5, 2021. United States exclusively offering CFR part 1506.6) implementing the Web links: You may register for the educational programs leading to a provisions of the National Environmental meeting on your computer with each certificate, associate degree, Policy Act (42 U.S.C. 4321, et seq.) and the day’s designated entry link, after which baccalaureate degree or their equivalent Air Force’s Environmental Impact Analysis you will receive an email containing credential in Jewish Studies or Classical Process (32 CFR parts 989.21(b) and Torah Studies. 989.24(b)(7)). personalized dial-in details, access code, and meeting web link. 2. American Speech-Language- Adriane S. Paris, Hearing Association, Council on Wednesday, March 3, 2021 Acting Air Force Federal Register Liaison Academic Accreditation in Audiology Officer. You must pre-register at https://ems8 and Speech-Language Pathology. Scope [FR Doc. 2021–01991 Filed 1–29–21; 8:45 am] .intellor.com?do=register&t=1&p of Recognition: The accreditation and BILLING CODE 5001–10–P =836514 to receive a join link, dial-in preaccreditation (Accreditation number, access code, and unique Candidate) throughout the United States Attendee ID for the event. of education programs in audiology and DEPARTMENT OF EDUCATION speech-language pathology leading to Thursday, March 4, 2021 the first professional or clinical degree National Advisory Committee on You must pre-register at https://ems8 at the master’s or doctoral level, and the Institutional Quality and Integrity .intellor.com?do=register&t=1&p accreditation of these programs offered Meeting =836280 to receive a join link, dial-in via distance education. number, access code, and unique 3. American Board of Funeral Service AGENCY: National Advisory Committee Attendee ID for the event. Education, Committee on Accreditation. on Institutional Quality and Integrity Scope of Recognition: The accreditation Friday, March 5, 2021 (NACIQI), Office of Postsecondary of institutions and programs within the Education, U.S. Department of You must pre-register at https://ems8 United States awarding diplomas, Education. .intellor.com?do=register&t=1&p associate degrees and bachelor’s degrees ACTION: Announcement of an open =836281 to receive a join link, dial-in in funeral service or mortuary science, meeting. number, access code, and unique including the accreditation of distance Attendee ID for the event. learning courses and programs offered SUMMARY: This notice sets forth the NACIQI’s Statutory Authority and by these programs and institutions. agenda, time, and instructions to access Function: NACIQI is established under 4. Council on Naturopathic Medical or participate in the March 3–5, 2021 section 114 of the HEA. NACIQI advises Education. Scope of Recognition: The meeting of the National Advisory the Secretary of Education with respect accreditation and preaccreditation Committee on Institutional Quality and to: throughout the United States of Integrity (NACIQI) and provides • The establishment and enforcement graduate-level, four-year naturopathic information to members of the public of the standards of accrediting agencies medical education programs leading to regarding the meeting, including or associations under subpart 2, part H, the Doctor of Naturopathic Medicine requesting to make oral comments. The Title IV of the HEA, as amended. (NMD) or Doctor of Naturopathy (ND). notice of this meeting is required under • The recognition of specific 5. Commission on Massage Therapy section 10(a)(2) of the Federal Advisory accrediting agencies or associations. Accreditation. Scope of Recognition: Committee Act (FACA) and section • The preparation and publication of The accreditation of institutions and 114(d)(1)(B) of the Higher Education Act the list of nationally recognized programs in the United States that (HEA) of 1965, as amended. accrediting agencies and associations. award postsecondary certificates, DATES: The NACIQI meeting will be • The eligibility and certification postsecondary diplomas, academic held on March 3–5, 2021, from 9:00 a.m. process for institutions of higher Associate degrees and occupational to 5:00 p.m. each day. education under Title IV of the HEA and Associate degrees, in the practice of ADDRESSES: The NACIQI meeting will part C, subchapter I, chapter 34, Title massage therapy, bodywork, and be held virtually. See the 42, together with recommendations for aesthetics/esthetics and skin care. SUPPLEMENTARY INFORMATION for improvement in such process. 6. Montessori Accreditation Council information on how to register. • The relationship between (1) for Teacher Education. Scope of FOR FURTHER INFORMATION CONTACT: accreditation of institutions of higher Recognition: The accreditation of George Alan Smith, Executive Director/ education and the certification and Montessori teacher education Designated Federal Official, NACIQI, eligibility of such institutions, and (2) institutions and programs throughout U.S. Department of Education, 400 State licensing responsibilities with the United States, including those Maryland Avenue SW, Room 271–03, respect to such institutions. offered via distance education.

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7717

7. Midwifery Education Accreditation identified noncompliance with the Additional written comments regarding Council. Scope of Recognition: The Criteria in 34 CFR 602.15(a)(1) and a specific agency or state approval accreditation and pre-accreditation 602.19(b). agency under review will not be throughout the United States of direct- b. 34 CFR 602.33 review initiated by accepted at this time. However, entry midwifery educational institutions inquiry letter dated June 19, 2019 (letter members of the public may submit and programs conferring degrees and available at https://www.ed.gov/ written statements regarding other certificates, including the accreditation accreditation/acics). The initiation of issues within the scope of NACIQI’s of such programs offered via distance the review was based on information authority for consideration by NACIQI education. from media coverage of ACICS’s in the manner described below. Oral 8. National Accrediting Commission presentation to the Council for Higher comments may not exceed three of Career Arts and Sciences Inc., Scope Education Accreditation concerning its minutes. of Recognition: The accreditation financial situation and its review of two Oral comments about an agency’s throughout the United States of institutions, Virginia International recognition when a compliance report postsecondary schools and departments University and San Diego University for has been required by the senior of cosmetology arts and sciences and Integrative Studies. The review has Department official or the Secretary massage therapy. identified noncompliance with the must relate to the criteria for recognition Criteria in 34 CFR 602.15(a)(1), Compliance Report Under 34 CFR cited in the senior Department official’s 602.16(c), and 602.17(c) and (e). It 602.31(c) letter that requested the report, or in the should be noted that the new Secretary’s appeal decision, if any. Oral Accrediting Council for Independent accreditation regulations effective July comments about an agency seeking Colleges and Schools (ACICS) 1, 2020 changed § 602.16(c) to expansion of scope must be directed to Pursuant to the November 21, 2018 § 602.16(d). There are no substantive the agency’s ability to serve as a Decision of the Secretary, Docket No. changes to these two paragraphs of recognized accrediting agency with 16–44–0 (available at https:// § 602.16, just a change in the paragraph respect to the kinds of institutions or surveys.ope.ed.gov/erecognition/ lettering. programs requested to be added. Oral c. 34 CFR 602.33 review initiated by PublicDocuments under NACIQI comments about the renewal of an inquiry letter dated February 24, 2020 meeting date: 6/23/2016 for ACICS), agency’s recognition must relate to its (letter available at https://www.ed.gov/ ACICS submitted a compliance report compliance with the Criteria for the accreditation/acics). The initiation of on December 19, 2019 on issues Recognition of Accrediting Agencies, the review was based on information identified in the Decision related to the which are available at http:// from media coverage alleging that agency’s compliance with criteria in 34 www.ed.gov/admins/finaid/accred/ ACICS accredited Reagan National CFR 602.15(a)(2) and (6). The index.html. Written statements and oral University, an institution not actually in Department staff’s review has identified comments concerning NACIQI’s work operation. The review has identified continued noncompliance with 34 CFR outside of a specific accrediting agency noncompliance with the Criteria in 34 602.15(a)(2). The ACICS compliance under review must be limited to the report was originally scheduled for the CFR 602.15(a)(1) and (2), 602.17(c), 602.18(c), and 602.19(b). It should be scope of NACIQI’s authority as outlined July 2020 NACIQI meeting, but the under section 114 of the HEA. Department published a notice in the noted that the new regulations effective July 1, 2020 changed § 602.18(c) to To request to make a third-party oral Federal Register on June 25, 2020 (85 comment of three minutes or less during FR 38132; Document Number 2020– § 602.18(b)(3). There are no relevant substantive changes to these two the March 3–5, 2021 meeting, please 13286), announcing that it was follow either Method One or Method rescheduled for the February 2021 paragraphs of § 602.18, just a change in the paragraph lettering. Two. To submit a written statement to NACIQI meeting. NACIQI concerning its work outside a Inquiries Under 34 CFR 602.33 Subcommittee on Student Success specific accrediting agency under The subcommittee will provide an review, please follow Method One. 1. ACICS interim report on its work that focuses Method One: Submit a request by a. 34 CFR 602.33 review in response on § 602.16, Accreditation and email to the ThirdPartyComments@ to ACICS monitoring report. Pursuant to preaccreditation standards, paragraph ed.gov mailbox. Please do not send the November 21, 2018 Decision of the (a)(1)(i). material directly to NACIQI members. Secretary, Docket No. 16–44–0 Submission of requests to make an Written statements to NACIQI (available at https://surveys.ope.ed.gov/ oral comment regarding a specific concerning its work outside a specific erecognition/PublicDocuments under accrediting agency under review, or to accrediting agency under review and NACIQI meeting date: 06/23/2016 for make an oral comment or written requests to make oral comment must be ACICS), ACICS submitted a monitoring statement regarding other issues within received by February 17, 2021 and report on issues identified in the the scope of NACIQI’s authority: include the subject line ‘‘Oral Comment Decision related to the agency’s Opportunity to submit a written Request: (agency name),’’ ‘‘Oral compliance with the Criteria in 34 CFR statement regarding a specific Comment Request: (subject)’’ or 602.15(a)(1), 602.16(a)(1)(i) and (vii), accrediting agency under review was ‘‘Written Statement: (subject).’’ The and 602.19(b). In its review of the solicited by previous Federal Register email must include the name(s), title, monitoring report, the Department staff notices published on March 4, 2020 (85 organization/affiliation, mailing noted that one or more deficiencies may FR 12778; Document Number 2020– address, email address, telephone exist in the agency’s compliance with 04410), May 5, 2020 (85 FR 32031; number, of the person(s) submitting a the Secretary’s Criteria for Recognition Document Number 2020–11372), June 9, written statement or requesting to speak, or the agency’s effective application of 2020 (85 FR 35295; Document Number and a brief summary (not to exceed one those Criteria, and therefore processed 2020–12351), and November 5, 2020 (85 page) of the principal points to be made the monitoring report in accordance FR 70594: Document Number 2020– during the oral presentation, if with the review procedures set forth in 24595). The period for submission of applicable. All individuals submitting 34 CFR 602.33. The review has such statements is now closed. an advance request in accordance with

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7718 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

this notice will be afforded an access documents of the Department necessary to become a party to the opportunity to speak. published in the Federal Register by proceeding. Method Two: Register on the day the using the article search feature at: eFiling is encouraged. More detailed meeting begins, March 3, 2021, from www.federalregister.gov. Specifically, information relating to filing 7:45 a.m.–8:45 a.m., to make an oral through the advanced search feature at requirements, interventions, protests, comment during NACIQI’s this site, you can limit your search to service, and qualifying facilities filings deliberations, using the designated link documents published by the can be found at: http://www.ferc.gov/ for Wednesday, March 3, 2021 listed Department. earlier in this notice. The requestor docs-filing/efiling/filing-req.pdf. For Authority: 20 U.S.C. 1011c. must provide the subject on which he or other information, call (866) 208–3676 she wishes to comment, in addition to Tiwanda Burse, (toll free). For TTY, call (202) 502–8659. his or her name, title, organization/ Deputy Assistant Secretary for Management Dated: January 26, 2021. & Planning, Office of Postsecondary affiliation, mailing address, email Nathaniel J. Davis, Sr., address, and telephone number. A total Education. Deputy Secretary. of up to fifteen minutes for each agenda [FR Doc. 2021–02106 Filed 1–29–21; 8:45 am] [FR Doc. 2021–02096 Filed 1–29–21; 8:45 am] item will be allotted for oral BILLING CODE 4000–01–P commenters who register on March 3, BILLING CODE 6717–01–P 2021 by 8:45 a.m. Individuals will be selected on a first-come, first-served DEPARTMENT OF ENERGY basis. If selected, each commenter may DEPARTMENT OF ENERGY not exceed three minutes. Federal Energy Regulatory Access to Records of the Meeting: The Commission Federal Energy Regulatory Department will post the official report Commission of the meeting on the NACIQI website Combined Notice of Filings within 90 days after the meeting. In Take notice that the Commission has [Project No. 2879–012] addition, pursuant to the FACA, the received the following Natural Gas public may request to inspect records of Green Mountain Power Corporation; Pipeline Rate and Refund Report filings: the meeting at 400 Maryland Avenue Notice of Waiver Period for Water SW, Washington, DC, by emailing Docket Numbers: RP21–399–000. Quality Certification Application [email protected] or by calling Applicants: Iroquois Gas (202) 453–7415 to schedule an Transmission System, L.P. On January 25, 2021, the Vermont appointment. Senior Department Description: § 4(d) Rate Filing: 1.25.21 Department of Environmental Negotiated Rates—Equinor Natural Gas official’s (as defined in 34 CFR 602.3) Conservation (Vermont DEC) notified LLC R–7120–13 to be effective 2/1/2021. decisions pursuant to 34 CFR 602.36 the Federal Energy Regulatory associated with all NACIQI Meetings Filed Date: 1/25/21. Accession Number: 20210125–5050. Commission (Commission) that Green can be found at the following website: Mountain Power Corporation submitted https://surveys.ope.ed.gov/erecognition/ Comments Due: 5 p.m. ET 2/8/21. Docket Numbers: RP21–400–000. an application for a Clean Water Act PublicDocuments. section 401(a)(1) water quality Reasonable Accommodations: The Applicants: Iroquois Gas certification to Vermont DEC on January meeting dial-in information and Transmission System, L.P. weblink are accessible to individuals Description: § 4(d) Rate Filing: 1.25.21 22, 2021, in conjunction with the above with disabilities. If you will need an Negotiated Rates—Equinor Natural Gas captioned project. Pursuant to 40 CFR auxiliary aid or service to participate in LLC R–7120–14 to be effective 2/1/2021. 121.6, we hereby notify the Vermont the meeting (e.g., interpreting service, Filed Date: 1/25/21. DEC of the following: assistive listening device, or materials in Accession Number: 20210125–5051. Date of Receipt of the Certification an alternate format), notify the contact Comments Due: 5 p.m. ET 2/8/21. Request: January 22, 2021. Docket Numbers: RP21–401–000. person listed in this notice at least two Reasonable Period of Time to Act on weeks before the scheduled meeting Applicants: Algonquin Gas the Certification Request: One year. date. Although we will attempt to meet Transmission, LLC. a request received after that date, we Description: § 4(d) Rate Filing: Date Waiver Occurs for Failure to Act: may not be able to make available the Negotiated Rate—Yankee Gas 510802 January 22, 2022. requested auxiliary aid or service Release eff 1–26–2021 to be effective If Vermont DEC fails or refuses to act because of insufficient time to arrange 1/26/2021. on the water quality certification request Filed Date: 1/25/21. it. by the above waiver date, then the Accession Number: 20210125–5118. Electronic Access to This Document: agency’s certifying authority is deemed The official version of this document is Comments Due: 5 p.m. ET 2/8/21. waived pursuant to section 401(a)(1) of the document published in the Federal The filings are accessible in the the Clean Water Act, 33 U.S.C. Register. Free internet access to the Commission’s eLibrary system (https:// 1341(a)(1). official edition of the Federal Register elibrary.ferc.gov/idmws/search/ and the Code of Federal Regulations is fercgensearch.asp) by querying the Dated: January 26, 2021. available via the Federal Digital System docket number. Kimberly D. Bose, at: www.gpo.gov/fdsys. At this site you Any person desiring to intervene or Secretary. can view this document, as well as all protest in any of the above proceedings [FR Doc. 2021–02061 Filed 1–29–21; 8:45 am] other documents of this Department must file in accordance with Rules 211 published in the Federal Register, in and 214 of the Commission’s BILLING CODE 6717–01–P text or Adobe Portable Document Regulations (18 CFR 385.211 and Format (PDF). To use PDF, you must 385.214) on or before 5:00 p.m. Eastern have Adobe Acrobat Reader, which is time on the specified date(s). Protests available free at the site. You also may may be considered, but intervention is

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00031 Fmt 4703 Sfmt 9990 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7719

DEPARTMENT OF ENERGY toll-free, (886) 208–3676 or TYY, (202) under the link to Documents and 502–8659. Filings. Using eComment is an easy Federal Energy Regulatory Any questions regarding the proposed method for interested persons to submit Commission project should be directed to Michael T. brief, text-only comments on a project; [Docket No. CP21–28–000] Loeffler, Certificates and External (2) You may file your comments Affairs, Northern Natural Gas Company, electronically by using the eFiling Northern Natural Gas Company; Notice P.O. Box 3330, Omaha, NE 68103–0330, feature, which is located on the of Application and Establishing by phone at (402) 398–7103, or by email Commission’s website (www.ferc.gov) Intervention Deadline at [email protected]. under the link to Documents and Pursuant to section 157.9 of the Filings. With eFiling, you can provide Take notice that on January 13, 2021, Commission’s Rules of Practice and comments in a variety of formats by Northern Natural Gas Company Procedure,1 within 90 days of this attaching them as a file with your (Northern), 1111 South 103rd Street Notice the Commission staff will either: submission. New eFiling users must Omaha, NE 68124–1000, filed an Complete its environmental review and first create an account by clicking on application under section 7(c) of the place it into the Commission’s public ‘‘eRegister.’’ You will be asked to select Natural Gas Act (NGA), and Part 157 of record (eLibrary) for this proceeding; or the type of filing you are making; first the Commission’s regulations requesting issue a Notice of Schedule for select ‘‘General’’ and then select authorization to: (1) Establish a buffer Environmental Review. If a Notice of ‘‘Comment on a Filing’’; or zone around the storage facility; (2) Schedule for Environmental Review is (3) You can file a paper copy of your designate five geological formations as issued, it will indicate, among other comments by mailing them to the gas-containing vertical buffer zones; and milestones, the anticipated date for the following address below.2 Your written (3) to recognize the inclusion of the Commission staff’s issuance of the final comments must reference the Project Lower Eau Claire formation into the environmental impact statement (FEIS) docket number (CP21–28–000). geologically continuous Mt. Simon A or environmental assessment (EA) for Kimberly D. Bose, Secretary, Federal zone of the Mt. Simon gas storage this proposal. The filing of an EA in the Energy Regulatory Commission, 888 reservoir, all at the Redfield storage Commission’s public record for this First Street NE, Washington, DC 20426. facility located in Dallas County, Iowa. proceeding or the issuance of a Notice The Commission encourages Northern seeks authorization for the of Schedule for Environmental Review electronic filing of comments (options 1 establishment of a buffer zone will serve to notify federal and state and 2 above) and has eFiling staff approximately one-half mile around the agencies of the timing for the available to assist you at (202) 502–8258 mapped gas extent consisting of completion of all necessary reviews, and or [email protected]. Persons who comment on the approximately 4,847 acres. Northern the subsequent need to complete all environmental review of this project also seeks authority to establish five federal authorizations within 90 days of will be placed on the Commission’s geological formations that are currently the date of issuance of the Commission non-storage formations as buffer environmental mailing list and will staff’s FEIS or EA. formations: The Prairie Du Chien receive notification when the formation; the Franconia formation; the Public Participation environmental documents (EA or EIS) Decorah-Platteville formation; the Fort There are two ways to become are issued for this project and will be Atkinson formation; and the Gower 2 involved in the Commission’s review of notified of meetings associated with the formation. The proposed changes will this project: You can file comments on Commission’s environmental review not change the certificated physical the project, and you can file a motion process. parameters, including the certificated to intervene in the proceeding. There is The Commission considers all storage capacity, of the Field. No new no fee or cost for filing comments or comments received about the project in aboveground facilities will be required intervening. The deadline for filing a determining the appropriate action to be for the authorities sought herein, all as motion to intervene is 5:00 p.m. Eastern taken. However, the filing of a comment more fully set forth in the request which Time on [February 16, 2021]. alone will not serve to make the filer a is on file with the Commission and open party to the proceeding. To become a to public inspection. Comments party, you must intervene in the In addition to publishing the full text Any person wishing to comment on proceeding. For instructions on how to of this document in the Federal the project may do so. Comments may intervene, see below. Register, the Commission provides all include statements of support or Interventions interested persons an opportunity to objections to the project as a whole or view and/or print the contents of this specific aspects of the project. The more Any person, which includes document via the internet through the specific your comments, the more useful individuals, organizations, businesses, 3 Commission’s Home Page (http:// they will be. To ensure that your municipalities, and other entities, has ferc.gov) using the ‘‘eLibrary’’ link. comments are timely and properly the option to file a motion to intervene Enter the docket number excluding the recorded, please submit your comments in this proceeding. Only intervenors last three digits in the docket number on or before [February 16, 2021]. have the right to request rehearing of field to access the document. At this There are three methods you can use Commission orders issued in this time, the Commission has suspended to submit your comments to the proceeding and to subsequently access to the Commission’s Public Commission. In all instances, please challenge the Commission’s orders in Reference Room, due to the reference the Project docket number the U.S. Circuit Courts of Appeal. proclamation declaring a National CP21–28–000 in your submission. To intervene, you must submit a Emergency concerning the Novel (1) You may file your comments motion to intervene to the Commission Coronavirus Disease (COVID–19), issued electronically by using the eComment by the President on March 13, 2020. For feature, which is located on the 2 Hand delivered submissions in docketed proceedings should be delivered to Health and assistance, contact the Federal Energy Commission’s website at www.ferc.gov Human Services, 12225 Wilkins Avenue, Rockville, Regulatory Commission at Maryland 20852. [email protected] or call 1 18 CFR (Code of Federal Regulations) 157.9. 3 18 CFR 385.102(d).

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7720 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

in accordance with Rule 214 of the service list at the eService link on FERC DEPARTMENT OF ENERGY Commission’s Rules of Practice and Online. Service can be via email with a Procedure 4 and the regulations under link to the document. Federal Energy Regulatory 5 Commission the NGA by the intervention deadline All timely, unopposed 7 motions to for the project, which is [February 16, intervene are automatically granted by [Docket No. CP20–26–000] 2021]. As described further in Rule 214, operation of Rule 214(c)(1).8 Motions to your motion to intervene must state, to Notice of Request for Extension of intervene that are filed after the the extent known, your position Time; Eastern Gas Transmission and intervention deadline are untimely and regarding the proceeding, as well as the Storage, Inc. your interest in the proceeding. [For an may be denied. Any late-filed motion to individual, this could include your intervene must show good cause for Take notice that on January 21, 2021, status as a landowner, ratepayer, being late and must explain why the Eastern Gas Transmission and Storage, 1 resident of an impacted community, or time limitation should be waived and Inc. (Eastern GTS) requested that the recreationist. You do not need to have provide justification by reference to Federal Energy Regulatory Commission property directly impacted by the factors set forth in Rule 214(d) of the (Commission) grant an extension of project in order to intervene.] For more Commission’s Rules and Regulations.9 time, until August 22, 2021, to abandon, information about motions to intervene, A person obtaining party status will be reconfigure, and relocate storage wells refer to the FERC website at https:// placed on the service list maintained by and related pipelines within its jurisdictional Bridgeport Storage Field www.ferc.gov/resources/guides/how-to/ the Secretary of the Commission and in Harrison County, West Virginia intervene.asp. will receive copies (paper or electronic) There are two ways to submit your (Project),2 as deemed authorized, of all documents filed by the applicant effective February 22, 2020. Under the motion to intervene. In both instances, and by all other parties. please reference the Project docket applicable regulations, the Project was number CP21–28–000 in your Tracking the Proceeding to be completed and made available for submission. service by February 22, 2021, i.e., (1) You may file your motion to Throughout the proceeding, within one year of authorization.3 intervene by using the Commission’s additional information about the project Eastern GTS states that, primarily due eFiling feature, which is located on the will be available from the Commission’s to delays related to the COVID–19 Commission’s website (www.ferc.gov) Office of External Affairs, at (866) 208– pandemic, as well as weather related under the link to Documents and FERC, or on the FERC website at delays, Eastern GTS will be unable to Filings. New eFiling users must first www.ferc.gov using the ‘‘eLibrary’’ link complete all construction activities create an account by clicking on as described above. The eLibrary link necessary to complete the Project within ‘‘eRegister.’’ You will be asked to select also provides access to the texts of all the authorized one-year timeframe. the type of filing you are making; first formal documents issued by the Accordingly, Eastern GTS requests a six- month extension of time, until August select ‘‘General’’ and then select Commission, such as orders, notices, 22, 2021, to complete construction of ‘‘Intervention.’’ The eFiling feature and rulemakings. includes a document-less intervention the Project. option; for more information, visit In addition, the Commission offers a This notice establishes a 15-calendar https://www.ferc.gov/docs-filing/efiling/ free service called eSubscription which day intervention and comment period document-less-intervention.pdf.; or allows you to keep track of all formal deadline. Any person wishing to (2) You can file a paper copy of your issuances and submittals in specific comment on Columbia’s request for an motion to intervene, along with three dockets. This can reduce the amount of extension of time may do so. No reply copies, by mailing the documents to the time you spend researching proceedings comments or answers will be address below.6 Your motion to by automatically providing you with considered. If you wish to obtain legal intervene must reference the Project notification of these filings, document status by becoming a party to the docket number CP21–28–000. summaries, and direct links to the proceedings for this request, you Kimberly D. Bose, Secretary, Federal documents. For more information and to should, on or before the comment date Energy Regulatory Commission, 888 register, go to www.ferc.gov/docs-filing/ stated below, file a motion to intervene in accordance with the requirements of First Street NE, Washington, DC 20426. esubscription.asp. The Commission encourages the Commission’s Rules of Practice and electronic filing of motions to intervene Intervention Deadline: 5:00 p.m. Procedure (18 CFR 385.214 or 385.211) (option 1 above) and has eFiling staff Eastern Time on [February 16, 2021]. and the Regulations under the Natural 4 available to assist you at (202) 502–8258 Dated: January 26, 2021. Gas Act (18 CFR 157.10). As a matter of practice, the or [email protected]. Nathaniel J. Davis, Sr., Motions to intervene must be served Commission itself generally acts on on the applicant either by mail or email Deputy Secretary. at: P.O. Box 3330, Omaha, NE 68103– [FR Doc. 2021–02098 Filed 1–29–21; 8:45 am] 1 As of November 1, 2020, Berkshire Hathaway 0330 or [email protected]. Any BILLING CODE 6717–01–P Energy Company acquired certain companies of Dominion Energy, including Dominion Energy subsequent submissions by an Transmission, Inc. and has changed its name to intervenor must be served on the Eastern Gas Transmission and Storage, Inc. applicant and all other parties to the 2 Prior Notice of Blanket Certificate Activity, proceeding. Contact information for Docket No. CP20–26–000 (filed December 16, 2019). parties can be downloaded from the 3 Pursuant to Section 157.205 of the Commission’s regulations, 18 CFR 157.205, a prior notice application is deemed to be authorized the 4 18 CFR 385.214. day after the intervention period lapses if no 7 The applicant has 15 days from the submittal of 5 18 CFR 157.10. protests are filed. a motion to intervene to file a written objection to 6 Hand delivered submissions in docketed 4 Only motions to intervene from entities that the intervention. proceedings should be delivered to Health and were party to the underlying proceeding will be Human Services, 12225 Wilkins Avenue, Rockville, 8 18 CFR 385.214(c)(1). accepted. Algonquin Gas Transmission, LLC, 170 Maryland 20852. 9 18 CFR 385.214(b)(3) and (d). FERC 61,144, at P 39 (2020).

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7721

requests for extensions of time to via USPS, use the following address: Support at FERCOnlineSupport@ complete construction for Natural Gas Kimberly D. Bose, Secretary, Federal ferc.gov, (866) 208–3676 (toll free), or Act facilities when such requests are Energy Regulatory Commission, 888 (202) 502–8659 (TTY). In lieu of contested before order issuance. For First Street NE, Washington, DC 20426. electronic filing, you may submit a those extension requests that are To mail via any other courier, use the paper copy. Submissions sent via the contested,5 the Commission will aim to following address: Kimberly D. Bose, U.S. Postal Service must be addressed issue an order acting on the request Secretary, Federal Energy Regulatory to: Kimberly D. Bose, Secretary, Federal within 45 days.6 The Commission will Commission, 12225 Wilkins Avenue, Energy Regulatory Commission, 888 address all arguments relating to Rockville, Maryland 20852. First Street NE, Room 1A, Washington, whether the applicant has demonstrated Comment Date: 5:00 p.m. Eastern DC 20426. Submissions sent via any there is good cause to grant the Time on February 11, 2021. other carrier must be addressed to: 7 extension. The Commission will not Dated: January 26, 2021. Kimberly D. Bose, Secretary, Federal consider arguments that re-litigate the Energy Regulatory Commission, 12225 issuance of the Certificate Order, Nathaniel J. Davis, Sr., Wilkins Avenue, Rockville, Maryland including whether the Commission Deputy Secretary. 20852. All filings must clearly identify properly found the project to be in the [FR Doc. 2021–02097 Filed 1–29–21; 8:45 am] the project name and docket number on public convenience and necessity and BILLING CODE 6717–01–P the first page: Mother Ann Lee Project whether the Commission’s (P–539–015). environmental analysis for the The Commission’s Rules of Practice certificate complied with the National DEPARTMENT OF ENERGY and Procedure require all interveners Environmental Policy Act.8 At the time filing documents with the Commission Federal Energy Regulatory a pipeline requests an extension of time, to serve a copy of that document on Commission orders on certificates of public each person on the official service list convenience and necessity are final and [Project No. 539–015] for the project. Further, if an intervener the Commission will not re-litigate their files comments or documents with the issuance.9 The OEP Director, or his or Lock 7 Hydro Partners, LLC; Notice Commission relating to the merits of an her designee, will act on those extension Soliciting Scoping Comments issue that may affect the responsibilities requests that are uncontested. of a particular resource agency, they In addition to publishing the full text Take notice that the following must also serve a copy of the document of this document in the Federal hydroelectric application has been filed on that resource agency. Register, the Commission provides all with the Commission and is available k. The application is not ready for interested persons an opportunity to for public inspection. environmental analysis at this time. view and/or print the contents of this a. Type of Application: New Major l. The Mother Ann Lee Project document via the internet through the License. consists of the following existing Commission’s Home Page (http:// b. Project No.: 539–015. facilities: (1) A reservoir with a surface ferc.gov) using the ‘‘eLibrary’’ link. c. Date Filed: April 30, 2020. area of 777 acres and a storage capacity Enter the docket number excluding the d. Applicant: Lock 7 Hydro Partners, of 5,828 acre-feet at elevation 513.12 last three digits in the docket number LLC (Lock 7 Hydro). NGVD 29 (National Geodetic Vertical field to access the document. At this e. Name of Project: Mother Ann Lee Datum of 1929); (2) a 250-foot-long, time, the Commission has suspended Hydroelectric Station Water Power 15.3-foot-high, timber crib dam with a access to the Commission’s Public Project (Mother Ann Lee Project). concrete cap and an abandoned 62-foot- Reference Room, due to the f. Location: The project is located on long lock structure on the east side; (3) proclamation declaring a National the Kentucky River in Mercer, a 120-foot-long, 100-foot-wide forebay; Emergency concerning COVID–19, Jessamine, and Garrard Counties, (4) a 24-foot-tall, 84-foot-wide trashrack; issued by the President on March 13, Kentucky. The project does not occupy (5) a 93-foot-long, 25-foot-wide, 16-foot- 2020. For assistance, contact FERC at federal land. high powerhouse integral with the dam [email protected] or call g. Filed Pursuant to: Federal Power containing three generating units with a toll-free, (886) 208–3676 or TYY, (202) Act 16 U.S.C. 791 (a)–825(r). total installed capacity of 2,210 502–8659. h. Applicant Contact: David Brown kilowatts; (6) a 30-foot-long, 15.3-foot- The Commission strongly encourages Kinloch, Lock 7 Hydro, 414 S Wenzel high concrete spillway section from the electronic filings of comments, protests St., Louisville, Kentucky 40204; (502) powerhouse to the west shore; (7) an 85- and interventions in lieu of paper using 589–0975 or [email protected]. foot-long substation; and (8) a 34.5 the ‘‘eFile’’ link at http://www.ferc.gov. i. FERC Contact: Joshua Dub at (202) kilovolt, 4,540-foot-long transmission Persons unable to file electronically may 502–8138 or [email protected]. line. The project is estimated to generate mail similar pleadings to the Federal j. Deadline for filing scoping an average of 9,200 megawatt-hours Energy Regulatory Commission. To mail comments: February 25, 2021. annually. The Commission strongly encourages m. In addition to publishing the full 5 Contested proceedings are those where an electronic filing. Please file scoping text of this document in the Federal intervenor disputes any material issue of the filing. comments using the Commission’s Register, the Commission provides all 18 CFR 385.2201(c)(1) (2020). eFiling system at https:// interested persons an opportunity to 6 Algonquin Gas Transmission, LLC, 170 FERC ferconline.ferc.gov/FERCOnline.aspx. view and/or print the contents via the 61,144, at P 40 (2020). 7 Id. P 40. Commenters can submit brief comments internet through the Commission’s 8 Similarly, the Commission will not re-litigate up to 6,000 characters, without prior Home Page (http://www.ferc.gov) using the issuance of an NGA section 3 authorization, registration, using the eComment system the ‘‘eLibrary’’ link. Enter the docket including whether a proposed project is not at https://ferconline.ferc.gov/ number excluding the last three digits in inconsistent with the public interest and whether QuickComment.aspx. You must include the docket number field to access the the Commission’s environmental analysis for the permit order complied with NEPA. your name and contact information at document. At this time, the Commission 9 Algonquin Gas Transmission, LLC, 170 FERC the end of your comments. For has suspended access to the 61,144, at P 40 (2020). assistance, please contact FERC Online Commission’s Public Reference Room,

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7722 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

due to the proclamation declaring a DEPARTMENT OF ENERGY requests for extensions of time to National Emergency concerning the complete construction for Natural Gas Novel Coronavirus Disease (COVID–19), Federal Energy Regulatory Act facilities when such requests are issued by the President on March 13, Commission contested before order issuance. For 2020. For assistance, contact FERC at [Docket No. CP20–26–000] those extension requests that are [email protected] or call contested,5 the Commission will aim to toll-free, (866) 208–3676 or TYY, (202) Eastern Gas Transmission and issue an order acting on the request 6 502–8659. Storage, Inc.; Notice of Request for within 45 days. The Commission will Extension of Time address all arguments relating to n. You may also register online at whether the applicant has demonstrated http://www.ferc.gov/docs-filing/ Take notice that on January 21, 2021, there is good cause to grant the esubscription.asp to be notified via Eastern Gas Transmission and Storage, extension.7 The Commission will not 1 email of new filings and issuances Inc. (Eastern GTS) requested that the consider arguments that re-litigate the related to this or other pending projects. Federal Energy Regulatory Commission issuance of the Certificate Order, For assistance, contact FERC Online (Commission) grant an extension of including whether the Commission Support. time, until August 22, 2021, to abandon, properly found the project to be in the reconfigure, and relocate storage wells o. Scoping Process: Commission staff public convenience and necessity and and related pipelines within its whether the Commission’s will prepare either an environmental jurisdictional Bridgeport Storage Field assessment (EA) or an Environmental environmental analysis for the in Harrison County, West Virginia certificate complied with the National Impact Statement (EIS) that describes 2 (Project), as deemed authorized, Environmental Policy Act.8 At the time and evaluates the probable effects, if effective February 22, 2020. Under the a pipeline requests an extension of time, any, of the licensee’s proposed action applicable regulations, the Project was orders on certificates of public and alternatives. The EA or EIS will to be completed and made available for convenience and necessity are final and consider environmental impacts and service by February 22, 2021, i.e., the Commission will not re-litigate their 3 reasonable alternatives to the proposed within one year of authorization. issuance.9 The OEP Director, or his or action. The Commission’s scoping Eastern GTS states that, primarily due her designee, will act on those extension process will help determine the to delays related to the COVID–19 requests that are uncontested. required level of analysis and satisfy the pandemic, as well as weather related In addition to publishing the full text NEPA scoping requirements, delays, Eastern GTS will be unable to of this document in the Federal irrespective of whether the Commission complete all construction activities Register, the Commission provides all prepares an EA or an EIS. Due to necessary to complete the Project within interested persons an opportunity to the authorized one-year timeframe. restrictions on mass gatherings related view and/or print the contents of this Accordingly, Eastern GTS requests a six- to COVID–19, we do not intend to document via the internet through the month extension of time, until August Commission’s Home Page (http:// conduct a public scoping meeting and 22, 2021, to complete construction of site visit in this case. Instead, we are ferc.gov) using the ‘‘eLibrary’’ link. the Project. Enter the docket number excluding the soliciting written comments and This notice establishes a 15-calendar suggestions on the preliminary list of last three digits in the docket number day intervention and comment period field to access the document. At this issues and alternatives to be addressed deadline. Any person wishing to time, the Commission has suspended in the NEPA document, as described in comment on Columbia’s request for an access to the Commission’s Public scoping document 1 (SD1), issued extension of time may do so. No reply Reference Room, due to the January 26, 2021. comments or answers will be proclamation declaring a National Copies of the SD1 outlining the considered. If you wish to obtain legal Emergency concerning COVID–19, subject areas to be addressed in the status by becoming a party to the issued by the President on March 13, NEPA document were distributed to the proceedings for this request, you 2020. For assistance, contact FERC at should, on or before the comment date parties on the Commission’s mailing list [email protected] or call stated below, file a motion to intervene and the applicant’s distribution list. toll-free, (886) 208–3676 or TYY, (202) in accordance with the requirements of Copies of SD1 may be viewed on the 502–8659. the Commission’s Rules of Practice and The Commission strongly encourages web at http://www.ferc.gov using the Procedure (18 CFR 385.214 or 385.211) ‘‘eLibrary’’ link. Enter the docket electronic filings of comments, protests and the Regulations under the Natural and interventions in lieu of paper using number excluding the last three digits in 4 Gas Act (18 CFR 157.10). the ‘‘eFile’’ link at http://www.ferc.gov. the docket number field to access the As a matter of practice, the Persons unable to file electronically may document. For assistance, call 1–866– Commission itself generally acts on mail similar pleadings to the Federal 208–3676 or for TTY, (202) 502–8659. 1 Energy Regulatory Commission. To mail Dated: January 26, 2021. As of November 1, 2020, Berkshire Hathaway Energy Company acquired certain companies of Kimberly D. Bose, Dominion Energy, including Dominion Energy 5 Contested proceedings are those where an intervenor disputes any material issue of the filing. Secretary. Transmission, Inc. and has changed its name to Eastern Gas Transmission and Storage, Inc. 18 CFR 385.2201(c)(1) (2020). [FR Doc. 2021–02062 Filed 1–29–21; 8:45 am] 2 Prior Notice of Blanket Certificate Activity, 6 Algonquin Gas Transmission, LLC, 170 FERC BILLING CODE 6717–01–P Docket No. CP20–26–000 (filed December 16, 2019). 61,144, at P 40 (2020). 3 Pursuant to Section 157.205 of the 7 Id. P 40. Commission’s regulations, 18 CFR 157.205, a prior 8 Similarly, the Commission will not re-litigate notice application is deemed to be authorized the the issuance of an NGA section 3 authorization, day after the intervention period lapses if no including whether a proposed project is not protests are filed. inconsistent with the public interest and whether 4 Only motions to intervene from entities that the Commission’s environmental analysis for the were party to the underlying proceeding will be permit order complied with NEPA. accepted. Algonquin Gas Transmission, LLC, 170 9 Algonquin Gas Transmission, LLC, 170 FERC FERC ¶ 61,144, at P 39 (2020). 61,144, at P 40 (2020).

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7723

via USPS, use the following address: Filed Date: 1/26/21. 385.214) on or before 5:00 p.m. Eastern Kimberly D. Bose, Secretary, Federal Accession Number: 20210126–5104. time on the specified comment date. Energy Regulatory Commission, 888 Comments Due: 5 p.m. ET 2/16/21. Protests may be considered, but First Street NE, Washington, DC 20426. Docket Numbers: ER21–639–000. intervention is necessary to become a To mail via any other courier, use the Applicants: Wapello Solar LLC. party to the proceeding. following address: Kimberly D. Bose, Description: Supplement to December eFiling is encouraged. More detailed Secretary, Federal Energy Regulatory 14, 2020 Wapello Solar LLC tariff filing. information relating to filing Commission, 12225 Wilkins Avenue, Filed Date: 1/21/21. requirements, interventions, protests, Rockville, Maryland 20852. Accession Number: 20210121–5316. service, and qualifying facilities filings Comment Date: 5:00 p.m. Eastern Comments Due: 5 p.m. ET 2/5/21. can be found at: http://www.ferc.gov/ Time on February 11, 2021. Docket Numbers: ER21–940–000. docs-filing/efiling/filing-req.pdf. For Dated: January 26, 2021. Applicants: Hardin Solar Energy LLC. other information, call (866) 208–3676 Kimberly D. Bose, Description: Baseline eTariff Filing: (toll free). For TTY, call (202) 502–8659. Secretary. Shared Facilities Agreement to be Dated: January 26, 2021. [FR Doc. 2021–02060 Filed 1–29–21; 8:45 am] effective 1/26/2021. Nathaniel J. Davis, Sr., BILLING CODE 6717–01–P Filed Date: 1/25/21. Deputy Secretary. Accession Number: 20210125–5214. [FR Doc. 2021–02094 Filed 1–29–21; 8:45 am] Comments Due: 5 p.m. ET 2/16/21. BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Docket Numbers: ER21–941–000. Applicants: ISO New England Inc., Federal Energy Regulatory New England Power Pool Participants DEPARTMENT OF ENERGY Commission Committee. Description: Compliance filing: ISO– Federal Energy Regulatory Combined Notice of Filings #1 NE and NEPOOL; Revisions to Schedule Commission 24 to Comply with Order No. 676–I to Take notice that the Commission [Project Nos. 2897–052, 2931–044, 2932– received the following electric corporate be effective 12/31/9998. 051, 2941–047, 2942–054, and 2984–123] filings: Filed Date: 1/26/21. Docket Numbers: EC21–47–000. Accession Number: 20210126–5034. Sappi North America, Inc., Applicants: R–WS Antelope Valley Comments Due: 5 p.m. ET 2/16/21. Presumpscot Hydro LLC; Notice of Gen-Tie, LLC, Portal Ridge Solar A, Docket Numbers: ER21–942–000. Application for Transfer of License and LLC, OMERS Administration Applicants: Southern California Lease of Project Lands Accepted for Corporation. Edison Company. Filing and Soliciting Comments, Description: Application for Description: § 205(d) Rate Filing: Motions To Intervene, and Protests Authorization Under Section 203 of the Amended GIA Windpower Partner 1993, LLC Renwind Project SA No. 375 Take notice that the following Federal Power Act of R–WS Antelope hydroelectric application has been filed Valley Gen-Tie, LLC, et al. to be effective 1/27/2021. Filed Date: 1/26/21. with the Commission and is available Filed Date: 1/25/21. for public inspection: Accession Number: 20210125–5231. Accession Number: 20210126–5061. a. Type of Application: Transfer of Comments Due: 5 p.m. ET 2/16/21. Comments Due: 5 p.m. ET 2/16/21. License and Lease of Project Lands. Take notice that the Commission Docket Numbers: ER21–943–000. b. Project Nos.: 2897–052, 2931–044, received the following electric rate Applicants: ISO New England Inc. 2932–051, 2941–047, 2942–054, and filings: Description: § 205(d) Rate Filing: ISO– 2984–123. Docket Numbers: ER10–2633–039. NE; Revisions to Obligations of Energy c. Date Filed: October 20, 2020. Applicants: Birchwood Power Efficiency Resources Under PFP to be d. Applicants: Sappi North America, Partners, L.P. effective 4/1/2021. Inc. (Transferor). Presumpscot Hydro Description: Notice of Change in Filed Date: 1/26/21. LLC (Transferee). Status of Birchwood Power Partners, Accession Number: 20210126–5084. e. Name of Projects: Saccarappa, L.P. Comments Due: 5 p.m. ET 2/16/21. Gambo, Mallison Falls, Little Falls, Filed Date: 1/22/21. Docket Numbers: ER21–944–000. Dundee, and Eel Weir. Accession Number: 20210122–5128. Applicants: Southwestern Electric f. Location: The Saccarappa, Gambo, Comments Due: 5 p.m. ET 2/12/21. Power Company. Mallison Falls, Little Falls, Dundee Docket Numbers: ER10–2924–015. Description: § 205(d) Rate Filing: projects are located on the Presumpscot Applicants: Kleen Energy Systems, Bentonville PSA to be effective 3/28/ River, in the Towns of Gorham and LLC. 2021. Windham and the City of Westbrook in Description: Notice of Non-Material Filed Date: 1/26/21. Cumberland County, Maine. The Eel Change in Status of Kleen Energy Accession Number: 20210126–5132. Weir Project is located on Sebago Lake Systems, LLC. Comments Due: 5 p.m. ET 2/16/21. near the cities of Standish and Filed Date: 1/26/21. The filings are accessible in the Windham in Cumberland County, Accession Number: 20210126–5111. Commission’s eLibrary system (https:// Maine. Comments Due: 5 p.m. ET 2/16/21. elibrary.ferc.gov/idmws/search/ g. Filed Pursuant to: Federal Power Docket Numbers: ER19–2757–003. fercgensearch.asp) by querying the Act, 16 U.S.C. 791a–825r. Applicants: California Independent docket number. h. Applicant Contacts: System Operator Corporation. Any person desiring to intervene or For Transferor: Ms. Briana O’Regan, Description: Compliance filing: 2021– protest in any of the above proceedings Sappi North America, Inc., 179 John 01–26 Petition for Limited Tariff must file in accordance with Rules 211 Roberts Road, South Portland, ME Waiver—Postpone Eff. Date to June 2021 and 214 of the Commission’s 04106, phone: (207) 854–7070, Email: to be effective N/A. Regulations (18 CFR 385.211 and [email protected].

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7724 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

For Transferor and Transferee: Mr. Project No. 2984–123. The applicants toll free, (866) 208–3676 or TTY, (202) Matthew D. Manahan, Counsel for propose the transfer because of an 502–8659. Transferor and Transferee, Pierce internal corporate reorganization that m. Individuals desiring to be included Atwood LLP, 254 Commercial St., resulted in the formation of the Sappi on the Commission’s mailing list should Portland, ME 04101, phone: (207) 791– subsidiary, Presumpscot. As part of the so indicate by writing to the Secretary 1189, Email: mmanahan@ proposed transfers, the Transferor of the Commission. pierceatwood.com. would retain ownership of the n. Comments, Protests, or Motions to i. FERC Contact: Mrs. Anumzziatta transmission line properties between Intervene: Anyone may submit Purchiaroni, (202) 502–6191 or the Dundee Project and Transferor’s comments, a protest, or a motion to [email protected]. Westbrook Mill. In addition, the intervene in accordance with the j. Deadline for filing comments, Transferor would retain ownership of requirements of Rules of Practice and motions to intervene, and protests: the transmission line properties Procedure, 18 CFR 385.210, .211, .214, Within 30 days from the issuance date between the Mallison Falls Project and respectively. In determining the of this notice. Transferors’ Westbrook Mill (which appropriate action to take, the The Commission strongly encourages transmission line connects the Gambo, Commission will consider all protests or electronic filing. Please file comments, Little Falls, and Mallison Falls projects other comments filed, but only those motions to intervene, and protests using to the mill). The applicants request who file a motion to intervene in the Commission’s eFiling system at Commission approval to lease the accordance with the Commission’s http://www.ferc.gov/docs-filing/ transmission line property to the Rules may become a party to the efiling.asp. Commenters can submit Transferee. Furthermore, the Transferor proceeding. Any comments, protests, or brief comments up to 6,000 characters, requests approval to lease to the motions to intervene must be received without prior registration, using the Transferee certain lands associated with on or before the specified comment date eComment system at http:// the Saccarappa Project, including for the application. www.ferc.gov/docs-filing/ property associated with required fish o. Filing and Service of Documents: Any filing must (1) bear in all capital ecomment.asp. You must include your passage facilities. By an Order issued on name and contact information at the end letters the title ‘‘COMMENTS’’, April 4, 2019, the Commission approved of your comments. For assistance, ‘‘PROTEST’’, or ‘‘MOTION TO a surrender of the Saccarappa Project please contact FERC Online Support at INTERVENE’’ as applicable; (2) set forth license and related license amendments [email protected], (866) in the heading the name of the applicant for the Mallison Falls, Little Falls, 208–3676 (toll free), or (202) 502–8659 and the project number of the Gambo, and Dundee Projects. The (TTY). In lieu of electronic filing, please application to which the filing license surrender would become send a paper copy to: Kimberly D. Bose, responds; (3) furnish the name, address, effective upon removal of the Secretary, Federal Energy Regulatory and telephone number of the person Saccarappa Dam and other project Commission, 888 First Street NE, Room commenting, protesting or intervening; works, installation of fish passage 1A, Washington, DC 20426. and (4) otherwise comply with the facilities, and the completion of other Submissions sent via any other carrier requirements of 18 CFR 385.2001 requirements. The completed fish must be addressed to: Kimberly D. Bose, through 385.2005. All comments, passage facilities would become part of Secretary, Federal Energy Regulatory motions to intervene, or protests must the Mallison Falls Project. The Commission, 12225 Wilkins Avenue, set forth their evidentiary basis. Any applicants also request Commission Rockville, Maryland 20852. The first filing made by an intervenor must be approval to convey in fee the proposed page of any filing should include docket accompanied by proof of service on all leased lands occupied by the fish number P–2897–052, P–2931–044, P– persons listed in the service list passage facilities to the Transferee once 2932–051, P–2941–047, P–2942–054, prepared by the Commission in this the surrender becomes effective. and P–2984–123. Comments emailed to proceeding, in accordance with 18 CFR Commission staff are not considered l. Locations of the Applications: The 385.2010. part of the Commission record. Commission provides all interested Dated: January 26, 2021. The Commission’s Rules of Practice persons an opportunity to view and/or and Procedure require all intervenors print the contents of this document via Kimberly D. Bose, filing documents with the Commission the internet through the Commission’s Secretary. to serve a copy of that document on website at http://www.ferc.gov/docs- [FR Doc. 2021–02059 Filed 1–29–21; 8:45 am] each person on the official service list filing/elibrary.asp. Enter the docket BILLING CODE 6717–01–P for the project. Further, if an intervenor number excluding the last three digits in files comments or documents with the the docket number field to access the Commission relating to the merits of an document. You may also register online DEPARTMENT OF HEALTH AND issue that may affect the responsibilities at http://www.ferc.gov/docs-filing/ HUMAN SERVICES of a resource agency, it must also serve esubscription.asp to be notified via a copy of the document on that resource email of new filings and issuances Centers for Disease Control and agency. related to this or other pending projects. Prevention k. Description of Transfer and Lease Agencies may obtain copies of the Notice of Closed Meeting of Project Lands Request: The applicants application directly from the applicants. request that the Commission approve At this time, the Commission has Pursuant to section 10(d) of the the transfer of the following projects suspended access to the Commission’s Federal Advisory Committee Act, as from Sappi North America, Inc. (Sappi Public Reference Room due to the amended, notice is hereby given of the or Transferor) to Presumpscot Hydro proclamation declaring a National following meeting. LLC (Presumpscot or Transferee): Emergency concerning the Novel The meeting will be closed to the Saccarappa Project No. 2897, Gambo Coronavirus Disease (COVID–19), issued public in accordance with the Project No. 2931, Mallison Falls Project by the President on March 13, 2020. For provisions set forth in sections No. 2932, Little Falls Project No. 2941, assistance, contact FERC at 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Dundee Project No. 2942, and Eel Weir [email protected] or call as amended, and the Determination of

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7725

the Director, Strategic Business Operating Officer, CDC, pursuant to January 20, 2021) is amended to reflect Initiatives Unit, Office of the Chief Public Law 92–463. The grant the Order of Succession for the Centers Operating Officer, CDC, pursuant to applications and the discussions could for Disease Control and Prevention. Public Law 92–463. The grant disclose confidential trade secrets or Section C–C, Order of Succession, is applications and the discussions could commercial property such as patentable hereby amended as follows: disclose confidential trade secrets or material, and personal information Delete in its entirety Section C–C, commercial property such as patentable concerning individuals associated with Order of Succession, and insert the material, and personal information the grant applications, the disclosure of following: concerning individuals associated with which would constitute a clearly During the absence or disability of the the grant applications, the disclosure of unwarranted invasion of personal Director, Centers for Disease Control which would constitute a clearly privacy. and Prevention (CDC), or in the event of unwarranted invasion of personal Name of Committee: Disease, a vacancy in that office, the first official privacy. Disability, and Injury Prevention and listed below who is available shall act Name of Committee: Disease, Control Special Emphasis Panel (SEP)— as Director, except that during a Disability, and Injury Prevention and CE21–005, The CDC National Centers of planned period of absence, the Director Control Special Emphasis Panel (SEP)— Excellence in Youth Violence may specify a different order of CE21–004: Research Grants for Prevention (YVPCs): Rigorous succession: Preventing Violence and Violence Evaluation of Prevention Strategies to 1. Principal Deputy Director Related Injury. Prevent and Reduce Community Rates 2. Chief Medical Officer Date: May 25–26, 2021. of Youth Violence. 3. Deputy Director for Public Health Time: 8:30 a.m.–5:00 p.m., EDT. Date: June 22–24, 2021. Service and Implementation Place: Videoconference. Time: 8:30 a.m.–5:00 p.m., EDT. Science Agenda: To review and evaluate grant Place: Web Conference. 4. Deputy Director for Infectious applications. Agenda: To review and evaluate grant Diseases For Further Information Contact: applications. 5. Deputy Director for Public Health Mikel Walters, Ph.D., Scientific Review For Further Information Contact: Science and Surveillance Officer, National Center for Injury Mikel Walters, Ph.D., Scientific Review 6. Deputy Director for Non-Infectious Prevention and Control, CDC, 4770 Officer, National Center for Injury Diseases Buford Highway NE, Mailstop F–63, Prevention and Control, CDC, 4770 7. Director, National Institute for Atlanta, Georgia 30341, Telephone (404) Buford Highway NE, Mailstop F–63, Occupational Safety and Health Atlanta, Georgia 30341, Telephone (404) 639–0913, [email protected]. Sherri Berger, The Director, Strategic Business 639–0913, [email protected]. Initiatives Unit, Office of the Chief The Director, Strategic Business Chief Operating Officer, Centers for Disease Control and Prevention. Operating Officer, Centers for Disease Initiatives Unit, Office of the Chief Control and Prevention, has been Operating Officer, Centers for Disease [FR Doc. 2021–02093 Filed 1–29–21; 8:45 am] delegated the authority to sign Federal Control and Prevention, has been BILLING CODE 4160–18–P Register notices pertaining to delegated the authority to sign Federal announcements of meetings and other Register notices pertaining to DEPARTMENT OF HEALTH AND committee management activities, for announcements of meetings and other HUMAN SERVICES both the Centers for Disease Control and committee management activities, for Prevention and the Agency for Toxic both the Centers for Disease Control and Centers for Disease Control and Substances and Disease Registry. Prevention and the Agency for Toxic Prevention Substances and Disease Registry. Kalwant Smagh, Notice of Closed Meeting Director, Strategic Business Initiatives Unit, Kalwant Smagh, Office of the Chief Operating Officer, Centers Director, Strategic Business Initiatives Unit, Pursuant to section 10(d) of the for Disease Control and Prevention. Office of the Chief Operating Officer, Centers Federal Advisory Committee Act, as [FR Doc. 2021–02051 Filed 1–29–21; 8:45 am] for Disease Control and Prevention. amended, notice is hereby given of the BILLING CODE 4163–18–P [FR Doc. 2021–02054 Filed 1–29–21; 8:45 am] following meeting. BILLING CODE 4163–18–P The meeting will be closed to the public in accordance with the DEPARTMENT OF HEALTH AND provisions set forth in sections HUMAN SERVICES DEPARTMENT OF HEALTH AND 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., HUMAN SERVICES as amended, and the Determination of Centers for Disease Control and the Director, Strategic Business Prevention Centers for Disease Control and Initiatives Unit, Office of the Chief Prevention Notice of Closed Meeting Operating Officer, CDC, pursuant to Statement of Organization, Functions, Public Law 92–463. The grant Pursuant to section 10(d) of the and Delegations of Authority applications and the discussions could Federal Advisory Committee Act, as disclose confidential trade secrets or amended, notice is hereby given of the Part C (Centers for Disease Control commercial property such as patentable following meeting. and Prevention) of the Statement of material, and personal information The meeting will be closed to the Organization, Functions, and concerning individuals associated with public in accordance with the Delegations of Authority of the the grant applications, the disclosure of provisions set forth in sections Department of Health and Human which would constitute a clearly 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Services (45 FR 67772–76, dated unwarranted invasion of personal as amended, and the Determination of October 14, 1980, and corrected at 45 FR privacy. the Director, Strategic Business 69296, October 20, 1980, as amended Name of Committee: Disease, Initiatives Unit, Office of the Chief most recently at 86 FR 6336–6340, dated Disability, and Injury Prevention and

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7726 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

Control Special Emphasis Panel (SEP)— Investigators in Conducting Research Primary Prevention of Multiple Forms TS21–001, Identify and Evaluate Related to Preventing Interpersonal of Violence. Potential Risk Factors for Amyotrophic Violence Impacting Children and Youth. Date: June 8–9, 2021. Lateral Sclerosis (ALS). Date: May 11–12, 2021. Time: 8:30 a.m.–5:00 p.m., EDT. Date: June 10, 2021. Time: 8:30 a.m.–5:00 p.m., EDT. Place: Videoconference. Time: 10:00 a.m.–5:00 p.m., EDT. Place: Web Conference. Agenda: To review and evaluate grant Place: Web Conference. Agenda: To review and evaluate grant applications. Agenda: To review and evaluate grant applications. For Further Information Contact: applications. For Further Information Contact: Mikel Walters, Ph.D., Scientific Review For Further Information Contact: Mikel Walters, Ph.D., Scientific Review Officer, National Center for Injury Mikel Walters, Ph.D., Scientific Review Officer, National Center for Injury Prevention and Control, CDC, 4770 Officer, National Center for Injury Prevention and Control, CDC, 4770 Buford Highway NE, Mailstop F–63, Prevention and Control, CDC, 4770 Buford Highway NE, Mailstop F–63, Atlanta, Georgia 30341, Telephone (404) Buford Highway NE, Mailstop F–63, Atlanta, Georgia 30341, Telephone (404) 639–0913, [email protected]. Atlanta, Georgia 30341, Telephone (404) 639–0913, [email protected]. 639–0913, [email protected]. The Director, Strategic Business The Director, Strategic Business The Director, Strategic Business Initiatives Unit, Office of the Chief Initiatives Unit, Office of the Chief Initiatives Unit, Office of the Chief Operating Officer, Centers for Disease Operating Officer, Centers for Disease Operating Officer, Centers for Disease Control and Prevention, has been Control and Prevention, has been Control and Prevention, has been delegated the authority to sign Federal delegated the authority to sign Federal delegated the authority to sign Federal Register notices pertaining to Register notices pertaining to Register notices pertaining to announcements of meetings and other announcements of meetings and other announcements of meetings and other committee management activities, for committee management activities, for committee management activities, for both the Centers for Disease Control and both the Centers for Disease Control and both the Centers for Disease Control and Prevention and the Agency for Toxic Prevention and the Agency for Toxic Prevention and the Agency for Toxic Substances and Disease Registry. Substances and Disease Registry. Substances and Disease Registry. Kalwant Smagh, Kalwant Smagh, Kalwant Smagh, Director, Strategic Business Initiatives Unit, Director, Strategic Business Initiatives Unit, Office of the Chief Operating Officer, Centers Director, Strategic Business Initiatives Unit, Office of the Chief Operating Officer, Centers for Disease Control and Prevention. Office of the Chief Operating Officer, Centers for Disease Control and Prevention. [FR Doc. 2021–02052 Filed 1–29–21; 8:45 am] for Disease Control and Prevention. [FR Doc. 2021–02050 Filed 1–29–21; 8:45 am] BILLING CODE 4163–18–P [FR Doc. 2021–02053 Filed 1–29–21; 8:45 am] BILLING CODE 4163–18–P BILLING CODE 4163–18–P

DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND HUMAN SERVICES HUMAN SERVICES HUMAN SERVICES Centers for Disease Control and Administration for Community Living Centers for Disease Control and Prevention Availability of Program Application Prevention Notice of Closed Meeting Instructions for Adult Protective Notice of Closed Meeting Services Funding Pursuant to section 10(d) of the Pursuant to section 10(d) of the Federal Advisory Committee Act, as Title: Coronavirus Response and Federal Advisory Committee Act, as amended, notice is hereby given of the Relief Supplemental Appropriations Act amended, notice is hereby given of the following meeting. of 2021: Grants to Enhance Adult following meeting. The meeting will be closed to the Protective Services to Respond to The meeting will be closed to the public in accordance with the COVID–19. public in accordance with the provisions set forth in sections Announcement Type: Initial. provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Statutory Authority: The statutory 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended, and the Determination of authority for grants under this program as amended, and the Determination of the Director, Strategic Business announcement is contained in the Elder the Director, Strategic Business Initiatives Unit, Office of the Chief Justice Act Section 2042(b) of Title XX Initiatives Unit, Office of the Chief Operating Officer, CDC, pursuant to of the Social Security Act [Pub. L. 74– Operating Officer, CDC, pursuant to Public Law 92–463. The grant 271] [As Amended Through Pub. L. Public Law 92–463. The grant applications and the discussions could 115–123, Enacted February 9, 2018] as applications and the discussions could disclose confidential trade secrets or referenced in the Coronavirus Response disclose confidential trade secrets or commercial property such as patentable and Relief Supplemental commercial property such as patentable material, and personal information Appropriations Act of 2021. material, and personal information concerning individuals associated with Catalog of Federal Domestic concerning individuals associated with the grant applications, the disclosure of Assistance (CFDA) Number: 93.747. the grant applications, the disclosure of which would constitute a clearly DATES: The deadline date for the which would constitute a clearly unwarranted invasion of personal submission of the Coronavirus Response unwarranted invasion of personal privacy. and Relief Supplemental privacy. Name of Committee: Disease, Appropriations Act of 2021: Grants to Name of Committee: Disease, Disability, and Injury Prevention and Enhance Adult Protective Services to Disability, and Injury Prevention and Control Special Emphasis Panel; Respond to COVID–19 Letter of Control Special Emphasis Panel (SEP)— (SEP)—CE21–001: Rigorous Evaluation Assurance is 11:59PM EST March 3, CE21–003, Grants to Support New of Policies for their Impacts on the 2021.

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7727

I. Funding Opportunity Description funding for adult protective services State/territory Projected The Administration for Community provided by States and local units of amount Living (ACL) is establishing the government. Additionally, award recipients will be required to submit Louisiana ...... 1,211,268 Coronavirus Response and Relief Maine ...... 704,100 Supplemental Appropriations Act of semi-annual federal financial reports and annual program reports related to Maryland ...... 1,571,936 2021: Grants to Enhance Adult Massachusetts ...... 1,893,433 Protective Services to Respond to the activities performed. To be eligible Michigan ...... 2,868,691 to receive this grant, the agency or unit COVID–19 funding opportunity to Minnesota ...... 1,501,422 of State government having the legal implement Section 2042(b) of Subtitle B Mississippi ...... 788,509 responsibility for providing adult of Title XX of the Social Security Act, Missouri ...... 1,712,169 protective services must submit a Letter Montana ...... 704,100 otherwise known as the Elder Justice of Assurance to ACL containing all of Nebraska ...... 704,100 Act (EJA) as authorized and funded the assurances required, and an initial Nevada ...... 795,772 through the Coronavirus Response and outline of a plan to spend the funds (see New Hampshire ...... 704,100 Relief Supplemental Appropriations below ‘‘Section III. Eligibility Criteria New Jersey ...... 2,401,390 Act, 2021. In accordance with these New Mexico ...... 704,100 and Other Requirements’’ and ‘‘Section statutes, the purpose of this opportunity New York ...... 5,306,382 IV. Submission Information’’). is to enhance and improve adult North Carolina ...... 2,813,974 protective services provided by States II. Award Information North Dakota ...... 704,100 and local units of government in Ohio ...... 3,319,395 1. Funding Instrument Type Oklahoma ...... 1,022,727 response to the COVID–19 pandemic. Oregon ...... 1,212,402 Funds awarded under this These awards will be made in the form of formula grants to the agencies Pennsylvania ...... 3,839,908 opportunity will provide Adult Rhode Island ...... 704,100 Protective Services programs (APS) in and units of State government with the South Carolina ...... 1,490,158 the States and territories with resources legal responsibility to provide adult South Dakota ...... 704,100 related to their response during the protective services. Tennessee ...... 1,842,330 Coronavirus Public Health Emergency. 2. Anticipated Total Funding per Budget Texas ...... 6,174,152 Utah ...... 704,100 This funding is intended to enhance, Period improve, and expand the ability of APS Vermont ...... 704,100 Under this program announcement, Virginia ...... 2,205,652 to investigate allegations of abuse, ACL intends to make grant awards to Washington ...... 1,962,724 neglect, and exploitation in the context each State and territory, and the District West Virginia ...... 704,100 of COVID–19. Examples of activities of Columbia. Awards made under this Wisconsin ...... 1,655,767 consistent with the purposes of the announcement have an estimated start Wyoming ...... 704,100 authorizing legislation include: American Samoa ...... 93,880 date of April 1, 2021 and an estimated • Improving and supporting remote Guam ...... 93,880 work, such as the purchase of end date of September 30, 2022, for an Northern Marianas ...... 93,880 communications and technology 18-month budget and performance Puerto Rico ...... 1,037,800 hardware, software, or infrastructure; period. Virgin Islands ...... 93,880 The total available funding for this • Costs associated with establishing opportunity is $93,880,000. Funding new, or improving existing processes for III. Eligibility Criteria and Other will be distributed through the formula responding to alleged scams and frauds, Requirements identified in Section 2042(b) of the especially related to COVID–19 vaccine Elder Justice Act. The amounts allocated 1. Eligible Entities or cure scams; are based upon the proportion of elders • Costs associated with community The eligible entity for these awards is living in each state and territory, as outreach; the agency or unit of State government defined in statute, and will be • Costs associated with providing legally responsible for providing adult distributed based on the formula. There goods and services to APS clients protective services in each state and are no cost-sharing nor match related to COVID–19; territory (EJA Section 2042(b)). requirements. Below are the projected • Acquiring personal protection 2. Other Requirements equipment and supplies; award amounts: • A. Letter of Assurance Paying for extended hours/over- Projected time for staff, hiring temporary staff, and State/territory amount A Letter of Assurance is required to be associated personnel costs; submitted by the eligible entity in order • Training costs related to COVID–19; Alabama ...... $1,367,545 to receive an award. The Letter of • Funds for travel related to or Alaska ...... 704,100 Assurance must include the following: required by COVID–19. Arizona ...... 2,034,877 1. Assurance that the award recipient • Costs associated with assisting APS Arkansas ...... 831,205 is the agency or unit of State California ...... 9,476,701 clients secure the least restrictive option Colorado ...... 1,390,039 government legally responsible for for emergency or alternative housing, Connecticut ...... 1,022,558 providing adult protective services in and with obtaining, providing, or Delaware ...... 704,100 each state and territory. coordinating with care transitions as Dist. of Columbia ...... 140,809 2. Assurance that funds will appropriate. Florida ...... 6,896,415 supplement and not supplant existing Awards authorized under the EJA Georgia ...... 2,490,713 APS funding. Section 2042(b) shall be provided to the Hawaii ...... 704,100 3. Assurance that funds will be spent Idaho ...... 704,100 in ways consistent with the Elder Justice agency or unit of State government Illinois ...... 3,324,229 having the legal responsibility for Indiana ...... 1,765,688 Act Section 2042(b); the Coronavirus providing adult protective services Iowa ...... 884,872 Response and Relief Supplemental within the State. This funding must Kansas ...... 768,741 Appropriations Act, 2021; and guidance supplement and not supplant existing Kentucky ...... 1,216,527 provided by ACL, including the

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7728 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

examples of activities consistent with B. Initial Spend Plan D. Intergovernmental Review the purposes of the authorizing An Initial Spend Plan must be legislation: Executive Order 12372, submitted along with the Letter of Intergovernmental Review of Federal • Improving and supporting remote Assurance. The Initial Spend Plan Programs, is not applicable to these work, such as the purchase of should outline how the state/territory grant applications. communications and technology intends to spend their allotment in hardware, software, or infrastructure; response to the needs and challenges to IV. Submission Information • Costs associated with establishing their APS program brought about by 1. Letter of Assurance and Initial Spend new or improving existing processes for COVID–19. The plan should be Plan responding to alleged scams and frauds, consistent with the purpose of the especially related to COVID–19 vaccine authorizing legislation and examples To receive funding, eligible entities or cure scams; outlined above. The Initial Spend Plan must provide a Letter of Assurance and submitted in response to this • Costs associated with community an Initial Spend Plan containing all the opportunity is considered a preliminary outreach; information outlined in Section III A. & framework for how the state/territory • B. above. Costs associated with providing will plan to spend these funds. The Letters of Assurance and the Initial goods and services to APS clients Initial Spend Plan should have the Spend Plan should be addressed to: related to COVID–19; following format: 2–5 pages in length, Alison Barkoff, Acting Administrator • Acquiring personal protection double-spaced, with 12pt font and 1″ and Assistant Secretary for Aging, equipment and supplies; margins, with a layout of 8.5″ x 11″ Administration for Community Living, • paper. Paying for extended hours/over- 330 C Street SW, Washington, DC time for staff, hiring temporary staff, and C. DUNS Number 20201. associated personnel costs; • All grant applicants must obtain and Letters of Assurance and the Initial Training costs related to COVID–19; keep current a D–U–N–S number from Spend Plan should be submitted • Funds for travel related to or Dun and Bradstreet. It is a nine-digit electronically via email to the ACL required by COVID–19. identification number, which provides Regional Administrator for each state. 4. Assurance to provide semi-annual unique identifiers of single business The following table identifies the ACL federal financial reports and annual entities. The D–U–N–S number can be regions for each state and contact program reports related to the activities obtained from: https://iupdate.dnb.com/ information for each Regional performed. iUpdate/viewiUpdateHome.htm. Administrator.

Covered states ACL regional administrator

Region I ...... CT, MA, ME, NH, RI, VT ...... Jennifer Throwe, Email: [email protected], Phone: 617–565–1158. Region II ...... NY, NJ, PR, VI ...... Kathleen Otte, Email: [email protected], Phone: 212–264–2976. Region III ...... DC, DE, MD, PA, VA, WV ...... Rhonda Schwartz, Email: [email protected], Phone: 267–831– 2329. Region IV ...... AL, FL, GA, KY, MS, NC, SC, TN ...... Costas Miskis, Email: [email protected], Phone: 404–562– 7600. Region V ...... IL, IN, MI, MN, OH, WI ...... Amy Wiatr-Rodriguez, Email: [email protected], Phone: 312– 938–9858. Region VI ...... AR, LA, OK, NM, TX ...... Derek Lee, Email: [email protected], Phone: 214–767–1865. Region VII ...... IA, KS, MO, NE ...... Lacey Boven, Email: [email protected], Phone: 816–702–4180. Region VIII ...... CO, MT, UT, WY, ND, SD ...... Percy Devine, Email: [email protected], Phone: 303–844–2951. Region IX ...... CA, NV, AZ, HI, GU, CNMI, AS ...... Fay Gordon, Email: [email protected], Phone: 415–437–8780. Region X ...... AK, ID, OR, WA ...... Louise Ryan, Email: [email protected], Phone: (206) 615–2299.

2. Submission Dates and Times appropriate ACL Regional DEPARTMENT OF HEALTH AND To receive consideration, Letters of Administrator found in the table in HUMAN SERVICES Assurance and the Initial Spend Plan ‘‘Section IV. Submission Information.’’ Administration for Community Living must be submitted by 11:59 p.m. Eastern Dated: January 27, 2021. Time on EST March 3, 2021. Letters of Alison Barkoff, Availability of Program Application Assurance and the Initial Spend Plan Acting Administrator and Assistant Secretary Instructions for Long-Term Care should be submitted electronically via for Aging. Ombudsman Program Funds email and have an electronic time stamp [FR Doc. 2021–02091 Filed 1–29–21; 8:45 am] indicating the date/time submitted. Title: Coronavirus Response and BILLING CODE 4154–01–P Relief Supplemental Appropriations Act VII. Agency Contacts of 2021: Grants to Enhance Capacity of 1. Programmatic Issues Long-Term Care Ombudsman Programs Direct programmatic inquiries to: to Respond to Complaints of Abuse and Stephanie Whittier Eliason, Email: Neglect of Residents in Long-Term Care [email protected], Facilities During the COVID–19 Public Phone: 202.795.7467. Health Emergency. Announcement Type: Initial. 2. Submission Issues Statutory Authority: The statutory Direct inquiries regarding submission authority for grants under this program of the Letters of Assurance to the announcement is contained in Section

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7729

712 of the Older Americans Act of 1965 residents, facility staff, and individuals Available [Pub. L. 89–73] [As Amended Through working for the LTCO program; State/territory amount Pub. L. 116–131, Enacted March 25, c. Conduct education and outreach on 2020]; and Subtitle B of Title XX of the abuse and neglect identification and Georgia ...... 109,640 Social Security Act, otherwise known as prevention during the COVID public Hawaii ...... 20,000 health emergency to residents, their Idaho ...... 20,534 the Elder Justice Act [Pub. L. 74–271] Illinois ...... 146,331 [As Amended Through Pub. L. 115–123, families and facility staff; Indiana ...... 77,725 Enacted February 9, 2018] as referenced d. Enable travel for representatives of Iowa ...... 38,952 in the Coronavirus Response and Relief the LTCO Office to ensure all residents Kansas ...... 33,840 Supplemental Appropriations Act of have access to a LTCO representative; Kentucky ...... 53,551 2021. e. Continue purchase of needed Louisiana ...... 53,319 Catalog of Federal Domestic Personal Protective Equipment; Maine ...... 20,093 Assistance (CFDA) Number: 93.747. f. Continue purchase of technology as Maryland ...... 69,196 DATES: The deadline date for State needed; Massachusetts ...... 83,348 Michigan ...... 126,278 Agencies on Aging to submit their Letter g. Enable participation in state-level ‘‘strike teams’’ to address complaints Minnesota ...... 66,092 of Assurance for Long-Term Care Mississippi ...... 34,710 Ombudsman Programs is 11:59 p.m. related to care and neglect; h. Provide information and assistance Missouri ...... 75,369 EST March 3, 2021. Montana ...... 20,000 on transitions from long-term care I. Funding Opportunity Description Nebraska ...... 22,162 facilities to community-based, home Nevada ...... 35,030 The purpose of this funding care settings, consistent with section New Hampshire ...... 20,000 opportunity is to strengthen the capacity 712(a)(3) of the Older Americans Act. New Jersey ...... 105,708 New Mexico ...... 25,885 of State Long-Term Care Ombudsman II. Award Information programs to respond during the COVID New York ...... 233,584 public health emergency and resolve 1. Funding Instrument Type North Carolina ...... 123,870 resident complaints about abuse and North Dakota ...... 20,000 These grants are discretionary, Ohio ...... 146,118 neglect. This funding opportunity is supplemental grants, authorized by Oklahoma ...... 45,020 appropriated through the Coronavirus Section 2043(a)(1)A) of the Elder Justice Oregon ...... 53,369 Response and Relief Supplemental Act and appropriated through the Pennsylvania ...... 169,031 Appropriations Act of 2021and Coronavirus Response and Relief Rhode Island ...... 20,000 authorized by the Elder Justice Act, 42 Supplemental Appropriations Act of South Carolina ...... 65,596 U.S.C. Section 2043(a)(1)(A). 2021. The State Agency on Aging will South Dakota ...... 20,000 ACL seeks plans from State Agencies assure that the State LTCO uses these Tennessee ...... 81,099 on Aging, developed in coordination Texas ...... 271,783 supplemental funds consistent with the Utah ...... 26,288 with the State Long-Term Care purposes authorized by appropriations Ombudsman, that describe how the Vermont ...... 20,000 contained in Section 2043(a)(1)A) of the Virginia ...... 97,092 Long-Term Care Ombudsman (LTCO) Elder Justice Act and the Coronavirus Washington ...... 86,398 programs will use funds to enhance Response and Relief Supplemental West Virginia ...... 25,531 their capacity during and related to the Appropriations Act, 2021. Wisconsin ...... 72,886 COVID public health emergency to Wyoming ...... 20,000 respond to and resolve complaints about 2. Anticipated Total Priority Area American Samoa ...... 2,500 abuse and neglect. This enhancement of Funding Guam ...... 10,000 capacity can include activities described The total available funding for this Northern Marianas ...... 2,500 below. Plans for use of these grant funds opportunity is $4,000,000. ACL intends Puerto Rico ...... 45,683 Virgin Islands ...... 10,000 may go above and beyond those regular to make available, under this program activities planned in response to other announcement, grant awards to State III. Eligibility Criteria and Other funding. Agencies on Aging for their Long-Term Requirements To be eligible to receive this grant, Care Ombudsman Programs. The period State Agencies on Aging must submit a of performance for these grants during 1. The eligible entities for this award Letter of Assurance to ACL containing which grant activities must occur is are State Agencies on Aging Long-Term all of the assurances required, (see estimated to commence on April 1, 2021 Care Ombudsman Programs Section III of this FRN, Eligibility and is projected to end on September 2. Cost Sharing or Matching is not Criteria and Other Requirements). 20, 2022. required. The Letter of Assurance will be Each State Agency on Aging is eligible 3. State Agencies on Aging must considered an Amendment to the State to apply for and receive the amount of provide a Letter of Assurance that will Plan on Aging and must describe the funding in the table below: be considered an Amendment to the State LTCO plans for use of these State Plan on Aging no later than March supplemental funds. Examples of 3, 2021. The Letter of Assurance must State/territory Available activities consistent with the purposes amount contain the following: of the authorizing legislation include a. A description of specific project the following: Alabama ...... $60,199 strategies that may include from among a. Enhance Ombudsman program Alaska ...... 20,000 the following: complaint investigations during the Arizona ...... 90,163 i. Enhancing Ombudsman program Arkansas ...... 36,589 COVID public health emergency to California ...... 417,159 complaint investigations during the address complaints related to abuse, Colorado ...... 61,189 COVID public health emergency to neglect and poor care; Connecticut ...... 45,013 address complaints related to abuse, b. Resume in-person visitation at such Delaware ...... 20,000 neglect and poor care; time as visitation is permitted, such as Dist. of Columbia ...... 20,000 ii. Resuming in-person visitation at when the COVID vaccine is accessible to Florida ...... 303,577 such time as visitation is permitted,

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7730 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

such as when the COVID vaccine is c. Assurance that State Agencies on Administrator and Assistant Secretary accessible to residents, facility staff, and Aging will timely submit to ACL semi- for Aging, Administration for individuals working for the LTCO annual federal financial reports and Community Living, 330 C Street SW, program; annual program reports related to the Washington, DC 20201. activities performed. iii. Conducting education and Letters of Assurance should be outreach on abuse and neglect 4. DUNS Number submitted electronically via email to the identification and prevention during the All grant applicants must obtain and ACL Regional Administrator for each COVID public health emergency to keep current a D–U–N–S number from state listed in the Agency Contacts residents, their families and facility Dun and Bradstreet. It is a nine-digit below. staff; identification number, which provides 2. Submission Dates and Times: iv. Enabling travel for representatives unique identifiers of single business To receive consideration, Letters of of the LTCO Office to ensure all entities. The D–U–N–S number can be residents have access to an LTCO; obtained from: https://iupdate.dnb.com/ Assurance must be submitted by 11:59 v. Purchase of needed Personal iUpdate/viewiUpdateHome.htm. p.m. Eastern Time on March 3, 2021. Protective Equipment; Letters of Assurance should be 5. Intergovernmental Review vi. Purchase of technology; and submitted electronically via email and Executive Order 12372, have an electronic time stamp vii. Enabling participation in state- Intergovernmental Review of Federal indicating the date/time submitted. level ‘‘strike teams’’ to address Programs, is not applicable to these complaints related to care and neglect. grant applications. VII. Agency Contacts b. Assurance that these funds will Direct inquiries regarding supplement, and not supplant, existing IV. Submission Information funding for the State LTCO program; 1. Letters of Assurance should be programmatic issues to Regional and addressed to: Alison Barkoff, Acting Administrators:

Covered states ACL regional administrator

Dated: January 27, 2021. Services (HHS) Secretary and Congress SUPPLEMENTARY INFORMATION: The Alison Barkoff, regarding improvements to the National Clinical Care Commission Act Acting Administrator and Assistant Secretary coordination and leveraging of federal (Pub. L. 115–80) requires the HHS for Aging. programs related to diabetes and its Secretary to establish the National [FR Doc. 2021–02092 Filed 1–29–21; 8:45 am] complications. Clinical Care Commission. The BILLING CODE 4154–01–P Commission consists of representatives DATES: The meeting will take place on of specific federal agencies and non- February 17, 2021, from 1 p.m. to federal individuals who represent DEPARTMENT OF HEALTH AND approximately 5:30 p.m. Eastern diverse disciplines and views. The HUMAN SERVICES Standard time (EST). Commission will evaluate and make ADDRESSES: The meeting will be held recommendations to the HHS Secretary Tenth Meeting of the National Clinical online via webinar. To register to attend and Congress regarding improvements Care Commission the meeting, please visit the registration to the coordination and leveraging of AGENCY: Office on Women’s Health, website at: https:// federal programs related to diabetes and Office of the Assistant Secretary for kauffmaninc.adobeconnect.com/nccc_ its complications. Health, Office of the Secretary, feb_2021/event/event_info.html. The tenth meeting will be held Department of Health and Human virtually, will consist of updates from FOR FURTHER INFORMATION CONTACT: Services. the Commission’s three subcommittees, and include another round of potential ACTION: Notice. Clydette Powell, M.D., MPH, FAAP, Acting Designated Federal Officer, ‘‘action plans,’’ or recommendations, SUMMARY: The National Clinical Care National Clinical Care Commission, from each subcommittee. The final Commission (the Commission) will U.S. Department of Health and meeting agenda will be available prior conduct its tenth meeting virtually on Human Services Office on Women’s to the meeting at: https://health.gov/our- February 17, 2021. The Commission is Health, 200 Independence Ave. SW, work/health-care-quality/national- charged to evaluate and make 7th Floor, Washington, DC 20201, clinical-care-commission/meetings. recommendations to the U.S. Phone: (240) 453–8239, Email: OHQ@ Public Participation at Meeting: The Department of Health and Human hhs.gov. Commission invites public comment on

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7731

issues related to the Commission’s updates the list of scarce or threatened articles, components (including critical charge. There will be an opportunity for materials to include certain classes and components), products, and items of limited oral comments (each no more sizes of hypodermic needles and supply; and (B) any technical than 3 minutes in length) at this virtual syringes. information or services ancillary to the meeting. Virtual attendees who plan to DATES: This action took effect February use of any such materials, commodities, provide oral comments at the 1, 2021 and terminates on June 30, 2021. articles, components, products, or items.’’ For purposes of the March 25 Commission meeting during a FOR FURTHER INFORMATION CONTACT: Designation Notice, the term ‘‘scarce designated time must register prior to Paige Ezernack: 202–260–0365; materials or threatened materials’’ the meeting at: https:// [email protected]. kauffmaninc.adobeconnect.com/nccc_ means health or medical resources, or SUPPLEMENTARY INFORMATION: On March feb_2021/event/event_info.html. any of their essential components, Written comments are welcome 23, 2020, and in response to the spread determined by the Secretary to be throughout the entire development of the virus associated with COVID–19, needed to respond to the spread of process of the Commission’s work and President Trump signed Executive COVID–19 and which are, or are likely Order 13910 (Executive Order) to may be emailed to [email protected]. to be, in short supply or the supply of prevent hoarding of health and medical Written comments should not exceed which would be threatened by hoarding. resources necessary to respond to the three pages in length. 85 FR at 17592. Designated scarce spread of COVID–19 within the United Individuals who need special materials or threatened materials are States. As provided in the Executive assistance, such as sign language subject to periodic review by the Order, it is the policy of the United interpretation or other reasonable Secretary. accommodations, should indicate the States that health and medical resources The designation is not a ‘‘regulation’’ special accommodation when needed to respond to the spread of under the Administrative Procedure Act COVID–19, such as personal protective registering online or by notifying (APA). See 50 U.S.C. 4559 (providing an equipment and sanitizing and Jennifer Gillissen at jennifer.gillissen@ exemption from the APA). To the extent disinfecting products, are appropriately kauffmaninc.com by February 8, 2021. that it is, the Secretary finds that, in distributed. This policy furthers the goal Authority: The National Clinical Care light of the current pandemic, urgent of protecting the Nation’s healthcare Commission is authorized by the and compelling circumstances make National Clinical Care Commission Act systems from undue strain. Through the Executive Order, the compliance with public comment (Pub. L. 115–80). The Commission is President delegated, to the Secretary of requirements impracticable. See Id. governed by provisions of the Federal The March 25 Designation Notice was Health and Human Services (the Advisory Committee Act (FACA), Public scheduled to terminate 120 days from Secretary), his authority under section Law 92–463, as amended (5 U.S.C., the date of publication, unless 102 of the Defense Production Act of App.) which sets forth standards for the superseded by a subsequent notice. 1950, 50 U.S.C. 4512, as amended (the formation and use of federal advisory Given the ongoing pandemic, the Act), to prevent hoarding of health and committees. Secretary finds good cause to extend the medical resources necessary to respond March 25 Designation Notice, as Dated: January 25, 2021. to the spread of COVID–19 within the modified by the June 30, 2020 and July Dorothy A. Fink, United States, and his authority to 30, 2020 notices, through June 30, 2021. Deputy Assistant Secretary for Women’s implement the Act in subsection III of The Secretary also finds good cause to Health, Office of the Assistant Secretary for chapter 55 of title 50, United States include the following modifications and Health. Code (50 U.S.C. 4554, 4555, 4556, and additions to the list of scarce or [FR Doc. 2021–02037 Filed 1–29–21; 8:45 am] 4560). Under this delegation and the threatened materials: BILLING CODE 4150–32–P Act, the Secretary may designate such 1. In FR Doc. 2020–06641 of March resources as scarce materials or 30, 2020 (85 FR 17592), add the materials the supply of which would be DEPARTMENT OF HEALTH AND following text: threatened by such accumulation (i) On page 17593, first column, (7) HUMAN SERVICES (threatened materials). The Secretary Sterilization services, add ‘‘or are may also prescribe conditions with Extension of Designation of Scarce authorized by FDA under section 564 of respect to accumulation of such the FD&C Act for purposes of Materials or Threatened Materials materials in excess of the reasonable Subject to COVID–19 Hoarding decontamination’’ demands of business, personal, or home (ii) On page 17593, first column, (11) Prevention Measures; Extension of consumption. The Act prohibits any Effective Date With Modifications Face masks, remove ‘‘PPE’’ person or entity from accumulating (iii) On page 17593, first column, (12) AGENCY: Department of Health and designated materials (1) in excess of the Surgical masks, remove ‘‘PPE’’ Human Services (HHS). reasonable demands of business, 2. Add ‘‘Syringes and hypodermic ACTION: Notice. personal, or home consumption, or (2) needles (whether distributed separately for the purpose of resale at prices in or attached together) generally used in SUMMARY: The Department of Health and excess of prevailing market prices. the United States for vaccinations that Human Services (HHS) provides notice The March 25 Designation Notice are either: of the extension of the designation issued by HHS designates scarce (i) Piston syringes in 1 ml or 3 ml issued on July 30, 2020 designating materials or threatened materials that sizes that allow for the controlled and health and medical resources necessary are subject to the hoarding prevention precise flow of liquid as described by 21 to respond to the spread of the virus measures authorized under the CFR 880.5860, that are compliant with associated with Coronavirus Disease Executive Order and the Act. See 85 FR ISO 7886–1:2017 and use only Current 2019 (COVID–19) that are scarce or the 17592. (Mar. 30, 2020). Under 50 U.S.C. Good Manufacturing Practices (CGMP) supply of which would be threatened by 4552(13), the term ‘‘materials’’ includes: processes; or excessive accumulation by people or ‘‘(A) any raw materials (including (ii) Hypodermic single lumen needles entities not needing the excess supplies. minerals, metals, and advanced between 1″; and 1.5″ and 22 to 25 gauge This notice extends the designation and processed materials), commodities, between 1″ and 1.5″ and 22 to 25 gauge

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7732 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

that have engineered sharps injury 21 CFR 880.6860, 880.6870, and United States for vaccinations that are protections as described in the 880.6880, including devices that already either: Needlestick Safety and Prevention Act, have FDA marketing authorization and (i) Piston syringes in 1 ml or 3 ml Public Law 106–430, 114 Stat. 1901 those that do not have FDA marketing sizes that allow for the controlled and (Nov. 6, 2000) and Occupational Safety authorization but are intended for the precise flow of liquid as described by 21 and Health Administration (OSHA) same uses, or are authorized by FDA CFR 880.5860, that are compliant with standard 29 CFR 1910.1030, Bloodborne under section 564 of the FD&C Act for ISO 7886–1:2017 and use only Current Pathogens.’’ purposes of decontamination Good Manufacturing Practices (CGMP) A copy of the Notice of the March 25 7. Disinfecting devices intended to processes; or Designation, including the above kill pathogens and other kinds of (ii) Hypodermic single lumen needles ″ ″ modifications and those included in the microorganisms by chemical means or between 1 and 1.5 and 22 to 25 gauge ″ ″ June 30, 2020 and July 30, 2020 notices physical means, including those defined between 1 and 1.5 and 22 to 25 gauge is provided below and also can be found in 21 CFR 876.1500, 880.6992, and that have engineered sharps injury on HHS’s website. 892.1570 and other sanitizing and protections as described in the disinfecting products suitable for use in Needlestick Safety and Prevention Act, Notice of Designation of Scarce Public Law 106–430, 114 Stat. 1901 Materials or Threatened Materials a clinical setting 8. Medical gowns or apparel, e.g., (Nov. 6, 2000) and OSHA standard 29 Health or medical resources, or any of surgical gowns or isolation gowns CFR 1910.1030, Bloodborne Pathogens.’’ their essential components, determined 9. Personal protective equipment Authority: The authority for this Notice is by the Secretary of HHS to be needed to (PPE) coveralls, e.g., Tyvek Suits Executive Order 13910 and section 102 of the respond to the spread of COVID–19 and 10. Face masks, including any masks Defense Production Act of 1950, 50 U.S.C. which are, or are likely to be, in short that cover the user’s nose and mouth 4512, as amended. supply (scarce materials) or the supply and may or may not meet fluid barrier Norris Cochran, of which would be threatened by or filtration efficiency levels Acting Secretary, Department of Health and hoarding (threatened materials). 11. Surgical masks, including masks Human Services. Designated scarce materials or that covers the user’s nose and mouth [FR Doc. 2021–02102 Filed 1–29–21; 8:45 am] threatened materials are subject to and provides a physical barrier to fluids BILLING CODE 4150–37–P periodic review by the Secretary. and particulate materials The following materials are 12. PPE face shields, including those designated pursuant to section 102 of defined at 21 CFR 878.4040 and those DEPARTMENT OF HEALTH AND the Defense Production Act (50 U.S.C. intended for the same purpose HUMAN SERVICES 4512) and Executive Order 13190 of 13. PPE gloves or surgical gloves, March 23, 2020 (Preventing Hoarding of including those defined at 21 CFR Office of the Secretary Health and Medical Resources to 880.6250 (exam gloves) and 878.4460 Respond to the Spread of COVID–19) as Annual Update of the HHS Poverty (surgical gloves) and such gloves scarce materials or threatened materials: Guidelines 1. N–95 Filtering Facepiece intended for the same purposes AGENCY: Department of Health and Respirators, including devices that are 14. Ventilators, anesthesia gas Human Services. disposable half-face-piece non-powered machines modified for use as air-purifying particulate respirators ventilators, and positive pressure ACTION: Notice. intended for use to cover the nose and breathing devices modified for use as ventilators (collectively referred to as SUMMARY: This notice provides an mouth of the wearer to help reduce update of the Department of Health and wearer exposure to pathogenic ‘‘ventilators’’), ventilator tubing connectors, and ventilator accessories as Human Services (HHS) poverty biological airborne particulates guidelines to account for last calendar 2. Other Filtering Facepiece those terms are described in FDA’s March 2020 Enforcement Policy for year’s increase in prices as measured by Respirators (e.g., those designated as the Consumer Price Index. N99, N100, R95, R99, R100, or P95, P99, Ventilators and Accessories and Other DATES: Applicable: January 13, 2021 P100), including single-use, disposable Respiratory Devices During the unless an office administering a half-mask respiratory protective devices Coronavirus Disease 2019 (COVID–19) program using the guidelines specifies a that cover the user’s airway (nose and Public Health Emergency located at different effective date for that mouth) and offer protection from https://www.fda.gov/media/136318/ particular program. particulate materials at or greater than download. ADDRESSES: an N95 filtration efficiency level per 42 15. Laboratory reagents and materials Office of the Assistant CFR 84.181. used for isolation of viral genetic Secretary for Planning and Evaluation, 3. Elastomeric, air-purifying material and testing, such as transport Room 404E, Humphrey Building, respirators and appropriate particulate media, collection swabs, test kits and Department of Health and Human filters/cartridges reagents specific to those kits, and Services, Washington, DC 20201. 4. Powered Air Purifying Respirators consumables such as plastic pipette tips FOR FURTHER INFORMATION CONTACT: For (PAPR) and plastic tubes information about how the guidelines 5. Portable Ventilators, including 16. Drug products currently are used or how income is defined in a portable devices intended to recommended by the NIH COVID–19 particular program, contact the Federal, mechanically control or assist patient Treatment Guidelines Panel, including state, or local office that is responsible breathing by delivering a predetermined (as of July 30, 2020) remdesivir and for that program. For information about percentage of oxygen in the breathing dexamethasone poverty figures for immigration forms, gas 17. Alcohol-based (over 60 percent) the Hill-Burton Uncompensated 6. Sterilization services for any device hand sanitizer and rubs. Services Program, and the number of as defined in section 201(h) of the 18. Syringes and hypodermic needles people in poverty, use the specific Federal Food, Drug, and Cosmetic Act (whether distributed separately or telephone numbers and addresses given (FD&C Act) and sterilizers as defined in attached together) generally used in the below.

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7733

For general questions about the differences between family sizes. In rare 2021 POVERTY GUIDELINES FOR poverty guidelines themselves, contact circumstances, the rounding and HAWAII Kendall Swenson, Office of the standardizing adjustments in the Assistant Secretary for Planning and formula result in small decreases in the Persons in family/household Poverty Evaluation, Room 404E.3, Humphrey poverty guidelines for some household guideline Building, Department of Health and sizes even when the inflation factor is Human Services, Washington, DC 1 ...... $14,820 not negative. In cases where the year-to- 2 ...... 20,040 20201—telephone: (202) 795–7309—or year change in inflation is not negative 3 ...... 25,260 visit http://aspe.hhs.gov/poverty/. and the rounding and standardizing 4 ...... 30,480 For information about the percentage adjustments in the formula result in 5 ...... 35,700 multiple of the poverty guidelines to be reductions to the guidelines from the 6 ...... 40,920 used on immigration forms such as previous year for some household sizes, 7 ...... 46,140 USCIS Form I–864, Affidavit of Support, the guidelines for the affected 8 ...... 51,360 contact U.S. Citizenship and household sizes are fixed at the prior Immigration Services at 1–800–375– year’s guidelines. As in prior years, For families/households with more 5283. You also may visit https:// these 2021 guidelines are roughly equal than 8 persons, add $5,220 for each www.uscis.gov/i-864. to the poverty thresholds for calendar additional person. For information about the Hill-Burton year 2020 which the Census Bureau Separate poverty guideline figures for Uncompensated Services Program (free expects to publish in final form in Alaska and Hawaii reflect Office of or reduced-fee health care services at September 2021. Economic Opportunity administrative certain hospitals and other facilities for practice beginning in the 1966–1970 persons meeting eligibility criteria The poverty guidelines continue to be period. (Note that the Census Bureau involving the poverty guidelines), derived from the Census Bureau’s poverty thresholds—the version of the contact the Health Resources and current official poverty thresholds; they poverty measure used for statistical Services Administration Information are not derived from the Census purposes—have never had separate Center at 1–800–638–0742. You also Bureau’s Supplemental Poverty Measure figures for Alaska and Hawaii.) The may visit https://www.hrsa.gov/get- (SPM). poverty guidelines are not defined for health-care/affordable/hill-burton/ The following guideline figures Puerto Rico or other outlying index.html. represent annual income. jurisdictions. In cases in which a For information about the number of Federal program using the poverty people in poverty, visit the Poverty 2021 POVERTY GUIDELINES FOR THE guidelines serves any of those section of the Census Bureau’s website 48 CONTIGUOUS STATES AND THE jurisdictions, the Federal office that at https://www.census.gov/topics/ DISTRICT OF COLUMBIA administers the program is generally income-poverty/poverty.html or contact responsible for deciding whether to use the Census Bureau’s Customer Service Poverty the contiguous-states-and-DC guidelines Center at 1–800–923–8282 (toll-free) or Persons in family/household guideline for those jurisdictions or to follow some visit https://ask.census.gov for further other procedure. information. 1 ...... $12,880 Due to confusing legislative language SUPPLEMENTARY INFORMATION: 2 ...... 17,420 dating back to 1972, the poverty 3 ...... 21,960 guidelines sometimes have been Background 4 ...... 26,500 mistakenly referred to as the ‘‘OMB’’ Section 673(2) of the Omnibus Budget 5 ...... 31,040 (Office of Management and Budget) Reconciliation Act (OBRA) of 1981 (42 6 ...... 35,580 poverty guidelines or poverty line. In U.S.C. 9902(2)) requires the Secretary of 7 ...... 40,120 fact, OMB has never issued the the Department of Health and Human 8 ...... 44,660 guidelines; the guidelines are issued Services to update the poverty each year by the Department of Health guidelines at least annually, adjusting For families/households with more and Human Services. The poverty them on the basis of the Consumer Price than 8 persons, add $4,540 for each guidelines may be formally referenced Index for All Urban Consumers (CPI–U). additional person. as ‘‘the poverty guidelines updated The poverty guidelines are used as an periodically in the Federal Register by eligibility criterion by Medicaid and a 2021 POVERTY GUIDELINES FOR the U.S. Department of Health and number of other Federal programs. The ALASKA Human Services under the authority of poverty guidelines issued here are a 42 U.S.C. 9902(2).’’ simplified version of the poverty Some federal programs use a Persons in family/household Poverty thresholds that the Census Bureau uses guideline percentage multiple of the guidelines to prepare its estimates of the number of (for example, 125 percent or 185 percent individuals and families in poverty. 1 ...... $16,090 of the guidelines), as noted in relevant As required by law, this update is 2 ...... 21,770 authorizing legislation or program accomplished by increasing the latest 3 ...... 27,450 regulations. Non-Federal organizations published Census Bureau poverty 4 ...... 33,130 that use the poverty guidelines under thresholds by the relevant percentage 5 ...... 38,810 their own authority in non-Federally- change in the Consumer Price Index for 6 ...... 44,490 funded activities also may choose to use All Urban Consumers (CPI–U). The 7 ...... 50,170 a percentage multiple of the guidelines. guidelines in this 2021 notice reflect the 8 ...... 55,850 The poverty guidelines do not make a 1.2 percent price increase between distinction between farm and non-farm calendar years 2019 and 2020. After this For families/households with more families, or between aged and non-aged inflation adjustment, the guidelines are than 8 persons, add $5,680 for each units. (Only the Census Bureau poverty rounded and adjusted to standardize the additional person. thresholds have separate figures for aged

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7734 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

and non-aged one-person and two- 2021. Pursuant to Section 60.13 of 36 VERMONT person units.) CFR part 60, comments are being Bennington County This notice does not provide accepted concerning the significance of definitions of such terms as ‘‘income’’ or Norton, Julius and Sophia, House, 300 the nominated properties under the Pleasant St., Bennington, SG100006180 ‘‘family’’ as there is considerable National Register criteria for evaluation. VIRGINIA variation of these terms among programs Before including your address, phone that use the poverty guidelines. The number, email address, or other Lunenburg County legislation or regulations governing each personal identifying information in your Woodburn, 673 Meherrin River Rd., Chase program define these terms and comment, you should be aware that City vicinity, SG100006177 determine how the program applies the your entire comment—including your Williamsburg Independent City poverty guidelines. In cases where personal identifying information—may legislation or regulations do not be made publicly available at any time. College Terrace Historic District, 600 and 700 establish these definitions, the entity blks. of College Ter. and Richmond Rd., While you can ask us in your comment Williamsburg, SG100006176 that administers or funds the program is to withhold your personal identifying responsible to define such terms as information from public review, we Additional documentation has been ‘‘income’’ and ‘‘family.’’ Therefore cannot guarantee that we will be able to received for the following resources: questions such as net or gross income, do so. IOWA counted or excluded income, or household size should be directed to the Nominations submitted by State or Clayton County entity that administers or funds the Tribal Historic Preservation Officers: McGregor Commercial Historic District program. DISTRICT OF COLUMBIA (Additional Documentation), (Iowa’s Main Street Commercial Architecture MPS), A Norris Cochran, District of Columbia and 1st Sts. between Main and intersection Acting Secretary, Department of Health and Annie’s Paramount Steakhouse, 1519 and of A and 1st Sts., McGregor, AD02001033 Human Services. 1609–1611 17th St. NW, Washington, Keokuk County [FR Doc. 2021–01969 Filed 1–29–21; 8:45 am] SG100006178 Saints Peter and Paul Roman Catholic BILLING CODE 4150–05–P GEORGIA Church Historic District (Additional Documentation), 30748–30832 242nd St., Fulton County Harper vicinity, AD86002277 DEPARTMENT OF THE INTERIOR Sperry & Hutchinson Company Warehouse, A request for removal has been made 2181 Sylvan Rd., East Point, SG100006164 National Park Service for the following resource: IOWA NEVADA [NPS–WASO–NRNHL–DTS#–31404; Henry County PPWOCRADI0, PCU00RP14.R50000] Elko County Schantz, Christian K. and Margaret (Rich), House and Carpentry Shop, 116 West 2nd Lamoille Organization Camp, Right Fork of National Register of Historic Places; Lamoille Creek, end of FS Rd. 122, Ruby St., Wayland, SG100006173 Notification of Pending Nominations Mountains Ranger District, Humboldt— and Related Actions Scott County Toiyabe NF, Lamoille vicinity, OT07000553 AGENCY: National Park Service, Interior. WOC Broadcasting Center, 805 Brady St., Davenport, SG100006171 ACTION: Notice. Authority: Section 60.13 of 36 CFR part 60. MISSISSIPPI Dated: January 21, 2021. SUMMARY: The National Park Service is Sherry A. Frear, soliciting electronic comments on the Hinds County Chief, National Register of Historic Places/ significance of properties nominated Falk, Meyer and Genevieve, House, 2037 National Historic Landmarks Program. before January 16, 2021, for listing or Eastbourne Pl., Jackson, SG100006163 [FR Doc. 2021–02056 Filed 1–29–21; 8:45 am] related actions in the National Register Lafayette County of Historic Places. BILLING CODE 4312–52–P Abbeville Colored School, West side of Cty. DATES: Comments should be submitted Rd, 115, Abbeville vicinity, SG100006175 electronically by February 16, 2021. MISSOURI INTERNATIONAL TRADE ADDRESSES: Comments are encouraged COMMISSION to be submitted electronically to Cole County National_Register_Submissions@ J.B. Bruns Shoe Co. Building, 627 West [Investigation Nos. 701–TA–528–529 and nps.gov with the subject line ‘‘Public McCarty St., Jefferson City, SG100006167 731–TA–1264–1268 (Review)] Comment on .’’ If you Certain Uncoated Paper From have no access to email you may send Goodwill Building, 4140 Forest Park Ave., St. Australia, Brazil, China, Indonesia, and Louis, SG100006165 them via U.S. Postal Service and all Portugal; Institution of Five-Year other carriers to the National Register of OHIO Reviews Historic Places, National Park Service, Allen County AGENCY: United States International 1849 C Street NW, MS 7228, J.M. Sealts Company Warehouse Building, Trade Commission. Washington, DC 20240. The 330 North Central Ave., Lima, ACTION: Notice. SUPPLEMENTARY INFORMATION: The SG100006179 properties listed in this notice are being SUMMARY: The Commission hereby gives considered for listing or related actions PENNSYLVANIA notice that it has instituted reviews in the National Register of Historic Allegheny County pursuant to the Tariff Act of 1930 (‘‘the Places. Nominations for their Riverview Park, Roughly bounded by Woods Act’’), as amended, to determine consideration were received by the Run Ave., Mairdale Ave., Perrysville Ave., whether revocation of the National Park Service before January 16, and Kilbuck St., Pittsburgh, SG100006181 countervailing duty orders on certain

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7735

uncoated paper from China and Definitions.—The following designated agency ethics official has Indonesia and the antidumping duty definitions apply to these reviews: advised that a five-year review is not the orders on certain uncoated paper from (1) Subject Merchandise is the class or same particular matter as the underlying Australia, Brazil, China, Indonesia, and kind of merchandise that is within the original investigation, and a five-year Portugal would be likely to lead to scope of the five-year reviews, as review is not the same particular matter continuation or recurrence of material defined by Commerce. as an earlier review of the same injury. Pursuant to the Act, interested (2) The Subject Countries in these underlying investigation for purposes of parties are requested to respond to this reviews are Australia, Brazil, China, 18 U.S.C. 207, the post-employment notice by submitting the information Indonesia, and Portugal. statute for Federal employees, and specified below to the Commission. (3) The Domestic Like Product is the Commission rule 201.15(b) (19 CFR DATES: Instituted February 1, 2021. To domestically produced product or 201.15(b)), 79 FR 3246 (Jan. 17, 2014), be assured of consideration, the products which are like, or in the 73 FR 24609 (May 5, 2008). deadline for responses is March 3, 2021. absence of like, most similar in Consequently, former employees are not Comments on the adequacy of responses characteristics and uses with, the required to seek Commission approval may be filed with the Commission by Subject Merchandise. In its original to appear in a review under Commission April 14, 2021. determinations, the Commission rule 19 CFR 201.15, even if the defined the Domestic Like Product FOR FURTHER INFORMATION CONTACT: corresponding underlying original consisting of certain uncoated paper investigation or an earlier review of the Mary Messer (202–205–3193), Office of that was coextensive with Commerce’s Investigations, U.S. International Trade same underlying investigation was scope. pending when they were Commission Commission, 500 E Street SW, (4) The Domestic Industry is the U.S. employees. For further ethics advice on Washington, DC 20436. Hearing- producers as a whole of the Domestic this matter, contact Charles Smith, impaired persons can obtain Like Product, or those producers whose Office of the General Counsel, at 202– information on this matter by contacting collective output of the Domestic Like 205–3408. the Commission’s TDD terminal on 202– Product constitutes a major proportion 205–1810. Persons with mobility of the total domestic production of the Limited disclosure of business impairments who will need special product. In its original determinations, proprietary information (BPI) under an assistance in gaining access to the the Commission defined the Domestic administrative protective order (APO) Commission should contact the Office Industry to include all U.S. producers of and APO service list.—Pursuant to of the Secretary at 202–205–2000. uncoated paper, including independent § 207.7(a) of the Commission’s rules, the General information concerning the converters. Secretary will make BPI submitted in Commission may also be obtained by (5) The Order Date is the date that the this proceeding available to authorized accessing its internet server (https:// antidumping and countervailing duty applicants under the APO issued in the www.usitc.gov). The public record for orders under review became effective. In proceeding, provided that the this proceeding may be viewed on the these reviews, the Order Date is March application is made no later than 21 Commission’s electronic docket (EDIS) 3, 2016. days after publication of this notice in at https://edis.usitc.gov. (6) An Importer is any person or firm the Federal Register. Authorized SUPPLEMENTARY INFORMATION: engaged, either directly or through a applicants must represent interested Background.—On March 3, 2016, the parent company or subsidiary, in parties, as defined in 19 U.S.C. 1677(9), Department of Commerce (‘‘Commerce’’) importing the Subject Merchandise into who are parties to the proceeding. A issued countervailing duty orders on the United States from a foreign separate service list will be maintained certain uncoated paper from China and manufacturer or through its selling by the Secretary for those parties Indonesia (81 FR 11187) and agent. authorized to receive BPI under the antidumping duty orders on certain Participation in the proceeding and APO. uncoated paper from Australia, Brazil, public service list.—Persons, including Certification.—Pursuant to § 207.3 of China, Indonesia, and Portugal (81 FR industrial users of the Subject the Commission’s rules, any person 11174). The Commission is conducting Merchandise and, if the merchandise is submitting information to the reviews pursuant to section 751(c) of the sold at the retail level, representative Commission in connection with this Act, as amended (19 U.S.C. 1675(c)), to consumer organizations, wishing to proceeding must certify that the determine whether revocation of the participate in the proceeding as parties information is accurate and complete to orders would be likely to lead to must file an entry of appearance with the best of the submitter’s knowledge. In continuation or recurrence of material the Secretary to the Commission, as making the certification, the submitter injury to the domestic industry within provided in § 201.11(b)(4) of the will acknowledge that information a reasonably foreseeable time. Commission’s rules, no later than 21 submitted in response to this request for Provisions concerning the conduct of days after publication of this notice in information and throughout this this proceeding may be found in the the Federal Register. The Secretary will proceeding or other proceeding may be Commission’s Rules of Practice and maintain a public service list containing disclosed to and used: (i) By the Procedure at 19 CFR part 201, subparts the names and addresses of all persons, Commission, its employees and Offices, A and B, and 19 CFR part 207, subparts or their representatives, who are parties and contract personnel (a) for A and F. The Commission will assess to the proceeding. developing or maintaining the records the adequacy of interested party Former Commission employees who of this or a related proceeding, or (b) in responses to this notice of institution to are seeking to appear in Commission internal investigations, audits, reviews, determine whether to conduct full or five-year reviews are advised that they and evaluations relating to the expedited reviews. The Commission’s may appear in a review even if they programs, personnel, and operations of determinations in any expedited participated personally and the Commission including under 5 reviews will be based on the facts substantially in the corresponding U.S.C. Appendix 3; or (ii) by U.S. available, which may include underlying original investigation or an government employees and contract information provided in response to this earlier review of the same underlying personnel, solely for cybersecurity notice. investigation. The Commission’s purposes. All contract personnel will

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7736 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

sign appropriate nondisclosure possible time, provide a full explanation (5) A list of all known and currently agreements. of why it cannot provide the requested operating U.S. producers of the Written submissions.—Pursuant to information, and indicate alternative Domestic Like Product. Identify any § 207.61 of the Commission’s rules, each forms in which it can provide known related parties and the nature of interested party response to this notice equivalent information. If an interested the relationship as defined in must provide the information specified party does not provide this notification § 771(4)(B) of the Act (19 U.S.C. below. The deadline for filing such (or the Commission finds the 1677(4)(B)). responses is March 3, 2021. Pursuant to explanation provided in the notification (6) A list of all known and currently § 207.62(b) of the Commission’s rules, inadequate) and fails to provide a operating U.S. importers of the Subject eligible parties (as specified in complete response to this notice, the Merchandise and producers of the Commission rule 207.62(b)(1)) may also Commission may take an adverse Subject Merchandise in each Subject file comments concerning the adequacy inference against the party pursuant to Country that currently export or have of responses to the notice of institution § 776(b) of the Act (19 U.S.C. 1677e(b)) exported Subject Merchandise to the and whether the Commission should in making its determinations in the United States or other countries since conduct expedited or full reviews. The reviews. the Order Date. deadline for filing such comments is Information to be Provided in (7) A list of 3–5 leading purchasers in April 14, 2021. All written submissions Response to This Notice of Institution: If the U.S. market for the Domestic Like must conform with the provisions of you are a domestic producer, union/ Product and the Subject Merchandise § 201.8 of the Commission’s rules; any worker group, or trade/business (including street address, World Wide submissions that contain BPI must also association; import/export Subject Web address, and the name, telephone conform with the requirements of Merchandise from more than one number, fax number, and Email address §§ 201.6, 207.3, and 207.7 of the Subject Country; or produce Subject of a responsible official at each firm). Commission’s rules. The Commission’s Merchandise in more than one Subject (8) A list of known sources of Handbook on Filing Procedures, Country, you may file a single response. information on national or regional available on the Commission’s website If you do so, please ensure that your prices for the Domestic Like Product or at https://www.usitc.gov/documents/ response to each question includes the the Subject Merchandise in the U.S. or handbook_on_filing_procedures.pdf, information requested for each pertinent other markets. elaborates upon the Commission’s Subject Country. As used below, the (9) If you are a U.S. producer of the procedures with respect to filings. Also, term ‘‘firm’’ includes any related firms. Domestic Like Product, provide the in accordance with §§ 201.16(c) and (1) The name and address of your firm following information on your firm’s 207.3 of the Commission’s rules, each or entity (including World Wide Web operations on that product during document filed by a party to the address) and name, telephone number, calendar year 2020, except as noted proceeding must be served on all other fax number, and Email address of the (report quantity data in short tons and parties to the proceeding (as identified certifying official. value data in U.S. dollars, f.o.b. plant). by either the public or APO service list (2) A statement indicating whether If you are a union/worker group or as appropriate), and a certificate of your firm/entity is an interested party trade/business association, provide the service must accompany the document under 19 U.S.C. 1677(9) and if so, how, information, on an aggregate basis, for (if you are not a party to the proceeding including whether your firm/entity is a the firms in which your workers are you do not need to serve your response). U.S. producer of the Domestic Like employed/which are members of your Please note the Secretary’s Office will Product, a U.S. union or worker group, association. accept only electronic filings at this a U.S. importer of the Subject (a) Production (quantity) and, if time. Filings must be made through the Merchandise, a foreign producer or known, an estimate of the percentage of Commission’s Electronic Document exporter of the Subject Merchandise, a total U.S. production of the Domestic Information System (EDIS, https:// U.S. or foreign trade or business Like Product accounted for by your edis.usitc.gov). No in-person paper- association (a majority of whose firm’s(s’) production; based filings or paper copies of any members are interested parties under (b) Capacity (quantity) of your firm to electronic filings will be accepted until the statute), or another interested party produce the Domestic Like Product (that further notice. (including an explanation). If you are a is, the level of production that your No response to this request for union/worker group or trade/business establishment(s) could reasonably have information is required if a currently association, identify the firms in which expected to attain during the year, valid Office of Management and Budget your workers are employed or which are assuming normal operating conditions (‘‘OMB’’) number is not displayed; the members of your association. (using equipment and machinery in OMB number is 3117 0016/USITC No. (3) A statement indicating whether place and ready to operate), normal 21–5–482, expiration date June 30, your firm/entity is willing to participate operating levels (hours per week/weeks 2023. Public reporting burden for the in this proceeding by providing per year), time for downtime, request is estimated to average 15 hours information requested by the maintenance, repair, and cleanup, and a per response. Please send comments Commission. typical or representative product mix); regarding the accuracy of this burden (4) A statement of the likely effects of (c) the quantity and value of U.S. estimate to the Office of Investigations, the revocation of the antidumping and commercial shipments of the Domestic U.S. International Trade Commission, countervailing duty orders on the Like Product produced in your U.S. 500 E Street SW, Washington, DC Domestic Industry in general and/or plant(s); 20436. your firm/entity specifically. In your (d) the quantity and value of U.S. Inability to provide requested response, please discuss the various internal consumption/company information.—Pursuant to § 207.61(c) of factors specified in § 752(a) of the Act transfers of the Domestic Like Product the Commission’s rules, any interested (19 U.S.C. 1675a(a)) including the likely produced in your U.S. plant(s); and party that cannot furnish the volume of subject imports, likely price (e) the value of (i) net sales, (ii) cost information requested by this notice in effects of subject imports, and likely of goods sold (COGS), (iii) gross profit, the requested form and manner shall impact of imports of Subject (iv) selling, general and administrative notify the Commission at the earliest Merchandise on the Domestic Industry. (SG&A) expenses, and (v) operating

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7737

income of the Domestic Like Product per week/weeks per year), time for INTERNATIONAL TRADE produced in your U.S. plant(s) (include downtime, maintenance, repair, and COMMISSION both U.S. and export commercial sales, cleanup, and a typical or representative internal consumption, and company [Investigation No. 731–TA–1047 (Third product mix); and Review)] transfers) for your most recently (c) the quantity and value of your completed fiscal year (identify the date firm’s(s’) exports to the United States of Ironing Tables and Certain Parts on which your fiscal year ends). Subject Merchandise and, if known, an Thereof From China; Institution of a (10) If you are a U.S. importer or a Five-Year Review trade/business association of U.S. estimate of the percentage of total importers of the Subject Merchandise exports to the United States of Subject AGENCY: United States International from any Subject Country, provide the Merchandise from each Subject Country Trade Commission. following information on your firm’s(s’) accounted for by your firm’s(s’) exports. ACTION: Notice. operations on that product during (12) Identify significant changes, if SUMMARY: calendar year 2020 (report quantity data any, in the supply and demand The Commission hereby gives notice that it has instituted a review in short tons and value data in U.S. conditions or business cycle for the pursuant to the Tariff Act of 1930 (‘‘the dollars). If you are a trade/business Domestic Like Product that have association, provide the information, on Act’’), as amended, to determine occurred in the United States or in the whether revocation of the antidumping an aggregate basis, for the firms which market for the Subject Merchandise in are members of your association. duty order on ironing tables and certain (a) The quantity and value (landed, each Subject Country since the Order parts thereof from China would be likely duty-paid but not including Date, and significant changes, if any, to lead to continuation or recurrence of antidumping or countervailing duties) that are likely to occur within a material injury. Pursuant to the Act, of U.S. imports and, if known, an reasonably foreseeable time. Supply interested parties are requested to estimate of the percentage of total U.S. conditions to consider include respond to this notice by submitting the imports of Subject Merchandise from technology; production methods; information specified below to the each Subject Country accounted for by development efforts; ability to increase Commission. production (including the shift of your firm’s(s’) imports; DATES: Instituted February 1, 2021. To (b) the quantity and value (f.o.b. U.S. production facilities used for other be assured of consideration, the port, including antidumping and/or products and the use, cost, or deadline for responses is March 3, 2021. countervailing duties) of U.S. availability of major inputs into Comments on the adequacy of responses commercial shipments of Subject production); and factors related to the may be filed with the Commission by Merchandise imported from each ability to shift supply among different April 14, 2021. Subject Country; and national markets (including barriers to FOR FURTHER INFORMATION CONTACT: (c) the quantity and value (f.o.b. U.S. importation in foreign markets or port, including antidumping and/or Mary Messer (202–205–3193), Office of changes in market demand abroad). Investigations, U.S. International Trade countervailing duties) of U.S. internal Demand conditions to consider include consumption/company transfers of Commission, 500 E Street SW, end uses and applications; the existence Subject Merchandise imported from Washington, DC 20436. Hearing- and availability of substitute products; each Subject Country. impaired persons can obtain (11) If you are a producer, an exporter, and the level of competition among the information on this matter by contacting or a trade/business association of Domestic Like Product produced in the the Commission’s TDD terminal on 202– producers or exporters of the Subject United States, Subject Merchandise 205–1810. Persons with mobility Merchandise in any Subject Country, produced in each Subject Country, and impairments who will need special provide the following information on such merchandise from other countries. assistance in gaining access to the your firm’s(s’) operations on that (13) (OPTIONAL) A statement of Commission should contact the Office product during calendar year 2020 whether you agree with the above of the Secretary at 202–205–2000. General information concerning the (report quantity data in short tons and definitions of the Domestic Like Product Commission may also be obtained by value data in U.S. dollars, landed and and Domestic Industry; if you disagree accessing its internet server (https:// duty-paid at the U.S. port but not with either or both of these definitions, including antidumping or www.usitc.gov). The public record for please explain why and provide this proceeding may be viewed on the countervailing duties). If you are a alternative definitions. trade/business association, provide the Commission’s electronic docket (EDIS) information, on an aggregate basis, for Authority: This proceeding is being at https://edis.usitc.gov. the firms which are members of your conducted under authority of Title VII of the SUPPLEMENTARY INFORMATION: association. Tariff Act of 1930; this notice is published Background.—On August 6, 2004, the (a) Production (quantity) and, if pursuant to § 207.61 of the Commission’s Department of Commerce (‘‘Commerce’’) known, an estimate of the percentage of rules. issued an antidumping duty order on total production of Subject Merchandise By order of the Commission. imports of ironing tables and certain in each Subject Country accounted for Issued: January 27, 2021. parts thereof from China (69 FR 47868). by your firm’s(s’) production; Following the first five-year reviews by (b) Capacity (quantity) of your firm(s) Lisa Barton, Commerce and the Commission, to produce the Subject Merchandise in Secretary to the Commission. effective June 28, 2010, Commerce each Subject Country (that is, the level [FR Doc. 2021–02087 Filed 1–29–21; 8:45 am] issued a continuation of the of production that your establishment(s) BILLING CODE 7020–02–P antidumping duty order on imports of could reasonably have expected to ironing tables and certain parts thereof attain during the year, assuming normal from China (75 FR 36629). Following operating conditions (using equipment the second five-year reviews by and machinery in place and ready to Commerce and the Commission, operate), normal operating levels (hours effective March 8, 2016, Commerce

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7738 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

issued a continuation of the Participation in the proceeding and Certification.—Pursuant to § 207.3 of antidumping duty order on imports of public service list.—Persons, including the Commission’s rules, any person ironing tables and certain parts thereof industrial users of the Subject submitting information to the from China (81 FR 12070). The Merchandise and, if the merchandise is Commission in connection with this Commission is now conducting a third sold at the retail level, representative proceeding must certify that the review pursuant to section 751(c) of the consumer organizations, wishing to information is accurate and complete to Act, as amended (19 U.S.C. 1675(c)), to participate in the proceeding as parties the best of the submitter’s knowledge. In determine whether revocation of the must file an entry of appearance with making the certification, the submitter order would be likely to lead to the Secretary to the Commission, as will acknowledge that information continuation or recurrence of material provided in § 201.11(b)(4) of the submitted in response to this request for injury to the domestic industry within Commission’s rules, no later than 21 information and throughout this a reasonably foreseeable time. days after publication of this notice in proceeding or other proceeding may be Provisions concerning the conduct of the Federal Register. The Secretary will disclosed to and used: (i) By the this proceeding may be found in the maintain a public service list containing Commission, its employees and Offices, Commission’s Rules of Practice and the names and addresses of all persons, and contract personnel (a) for Procedure at 19 CFR part 201, subparts or their representatives, who are parties developing or maintaining the records A and B, and 19 CFR part 207, subparts to the proceeding. of this or a related proceeding, or (b) in A and F. The Commission will assess Former Commission employees who internal investigations, audits, reviews, the adequacy of interested party are seeking to appear in Commission and evaluations relating to the responses to this notice of institution to five-year reviews are advised that they programs, personnel, and operations of determine whether to conduct a full may appear in a review even if they the Commission including under 5 review or an expedited review. The participated personally and U.S.C. Appendix 3; or (ii) by U.S. Commission’s determination in any substantially in the corresponding government employees and contract expedited review will be based on the underlying original investigation or an personnel, solely for cybersecurity facts available, which may include earlier review of the same underlying purposes. All contract personnel will information provided in response to this investigation. The Commission’s sign appropriate nondisclosure notice. designated agency ethics official has agreements. Definitions.—The following advised that a five-year review is not the Written submissions.—Pursuant to definitions apply to this review: same particular matter as the underlying § 207.61 of the Commission’s rules, each (1) Subject Merchandise is the class or original investigation, and a five-year interested party response to this notice review is not the same particular matter must provide the information specified kind of merchandise that is within the as an earlier review of the same below. The deadline for filing such scope of the five-year review, as defined underlying investigation for purposes of responses is March 3, 2021. Pursuant to by Commerce. 18 U.S.C. 207, the post-employment § 207.62(b) of the Commission’s rules, (2) The Subject Country in this review statute for Federal employees, and eligible parties (as specified in is China. Commission rule 201.15(b) (19 CFR Commission rule 207.62(b)(1)) may also (3) The Domestic Like Product is the 201.15(b)), 79 FR 3246 (Jan. 17, 2014), file comments concerning the adequacy domestically produced product or 73 FR 24609 (May 5, 2008). of responses to the notice of institution products which are like, or in the Consequently, former employees are not and whether the Commission should absence of like, most similar in required to seek Commission approval conduct an expedited or full review. characteristics and uses with, the to appear in a review under Commission The deadline for filing such comments Subject Merchandise. In its original rule 19 CFR 201.15, even if the is April 14, 2021. All written determination, its full first five-year corresponding underlying original submissions must conform with the review determination, and its expedited investigation or an earlier review of the provisions of § 201.8 of the second five-year review determination, same underlying investigation was Commission’s rules; any submissions the Commission found one Domestic pending when they were Commission that contain BPI must also conform with Like Product consisting of ironing tables employees. For further ethics advice on the requirements of §§ 201.6, 207.3, and and certain parts thereof, coextensive this matter, contact Charles Smith, 207.7 of the Commission’s rules. The with Commerce’s scope. Office of the General Counsel, at 202– Commission’s Handbook on Filing (4) The Domestic Industry is the U.S. 205–3408. Procedures, available on the producers as a whole of the Domestic Limited disclosure of business Commission’s website at https:// Like Product, or those producers whose proprietary information (BPI) under an www.usitc.gov/documents/handbook_ collective output of the Domestic Like administrative protective order (APO) on_filing_procedures.pdf, elaborates Product constitutes a major proportion and APO service list.—Pursuant to upon the Commission’s procedures with of the total domestic production of the § 207.7(a) of the Commission’s rules, the respect to filings. Also, in accordance product. In its original determination, Secretary will make BPI submitted in with §§ 201.16(c) and 207.3 of the its full first five-year review this proceeding available to authorized Commission’s rules, each document determination, and its expedited second applicants under the APO issued in the filed by a party to the proceeding must five-year review determination, the proceeding, provided that the be served on all other parties to the Commission defined the Domestic application is made no later than 21 proceeding (as identified by either the Industry as all U.S. producers of the days after publication of this notice in public or APO service list as Domestic Like Product. the Federal Register. Authorized appropriate), and a certificate of service (5) An Importer is any person or firm applicants must represent interested must accompany the document (if you engaged, either directly or through a parties, as defined in 19 U.S.C. 1677(9), are not a party to the proceeding you do parent company or subsidiary, in who are parties to the proceeding. A not need to serve your response). importing the Subject Merchandise into separate service list will be maintained Please note the Secretary’s Office will the United States from a foreign by the Secretary for those parties accept only electronic filings at this manufacturer or through its selling authorized to receive BPI under the time. Filings must be made through the agent. APO. Commission’s Electronic Document

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7739

Information System (EDIS, https:// (3) A statement indicating whether place and ready to operate), normal edis.usitc.gov). No in-person paper- your firm/entity is willing to participate operating levels (hours per week/weeks based filings or paper copies of any in this proceeding by providing per year), time for downtime, electronic filings will be accepted until information requested by the maintenance, repair, and cleanup, and a further notice. Commission. typical or representative product mix); No response to this request for (4) A statement of the likely effects of (c) the quantity and value of U.S. information is required if a currently the revocation of the antidumping duty commercial shipments of the Domestic valid Office of Management and Budget order on the Domestic Industry in Like Product produced in your U.S. (‘‘OMB’’) number is not displayed; the general and/or your firm/entity plant(s); OMB number is 3117 0016/USITC No. specifically. In your response, please (d) the quantity and value of U.S. 21–5–479, expiration date June 30, discuss the various factors specified in internal consumption/company 2023. Public reporting burden for the section 752(a) of the Act (19 U.S.C. transfers of the Domestic Like Product request is estimated to average 15 hours 1675a(a)) including the likely volume of produced in your U.S. plant(s); and per response. Please send comments subject imports, likely price effects of (e) the value of (i) net sales, (ii) cost regarding the accuracy of this burden subject imports, and likely impact of of goods sold (COGS), (iii) gross profit, estimate to the Office of Investigations, imports of Subject Merchandise on the (iv) selling, general and administrative U.S. International Trade Commission, Domestic Industry. (SG&A) expenses, and (v) operating 500 E Street SW, Washington, DC (5) A list of all known and currently income of the Domestic Like Product 20436. operating U.S. producers of the produced in your U.S. plant(s) (include both U.S. and export commercial sales, Inability to provide requested Domestic Like Product. Identify any internal consumption, and company information.—Pursuant to § 207.61(c) of known related parties and the nature of transfers) for your most recently the Commission’s rules, any interested the relationship as defined in section completed fiscal year (identify the date party that cannot furnish the 771(4)(B) of the Act (19 U.S.C. on which your fiscal year ends). information requested by this notice in 1677(4)(B)). (6) A list of all known and currently (10) If you are a U.S. importer or a the requested form and manner shall operating U.S. importers of the Subject trade/business association of U.S. notify the Commission at the earliest Merchandise and producers of the importers of the Subject Merchandise possible time, provide a full explanation Subject Merchandise in the Subject from the Subject Country, provide the of why it cannot provide the requested Country that currently export or have following information on your firm’s(s’) information, and indicate alternative exported Subject Merchandise to the operations on that product during forms in which it can provide United States or other countries after calendar year 2020 (report quantity data equivalent information. If an interested 2014. in number of tables and value data in party does not provide this notification (7) A list of 3–5 leading purchasers in U.S. dollars). If you are a trade/business (or the Commission finds the the U.S. market for the Domestic Like association, provide the information, on explanation provided in the notification Product and the Subject Merchandise an aggregate basis, for the firms which inadequate) and fails to provide a (including street address, World Wide are members of your association. complete response to this notice, the Web address, and the name, telephone (a) The quantity and value (landed, Commission may take an adverse number, fax number, and Email address duty-paid but not including inference against the party pursuant to of a responsible official at each firm). antidumping duties) of U.S. imports § 776(b) of the Act (19 U.S.C. 1677e(b)) (8) A list of known sources of and, if known, an estimate of the in making its determination in the information on national or regional percentage of total U.S. imports of review. prices for the Domestic Like Product or Subject Merchandise from the Subject Information to be Provided in the Subject Merchandise in the U.S. or Country accounted for by your firm’s(s’) Response to This Notice of Institution: other markets. imports; As used below, the term ‘‘firm’’ includes (9) If you are a U.S. producer of the (b) the quantity and value (f.o.b. U.S. any related firms. Domestic Like Product, provide the port, including antidumping duties) of (1) The name and address of your firm following information on your firm’s U.S. commercial shipments of Subject or entity (including World Wide Web operations on that product during Merchandise imported from the Subject address) and name, telephone number, calendar year 2020, except as noted Country; and fax number, and Email address of the (report quantity data in number of tables (c) the quantity and value (f.o.b. U.S. certifying official. and value data in U.S. dollars, f.o.b. port, including antidumping duties) of (2) A statement indicating whether plant). If you are a union/worker group U.S. internal consumption/company your firm/entity is an interested party or trade/business association, provide transfers of Subject Merchandise under 19 U.S.C. 1677(9) and if so, how, the information, on an aggregate basis, imported from the Subject Country. including whether your firm/entity is a for the firms in which your workers are (11) If you are a producer, an exporter, U.S. producer of the Domestic Like employed/which are members of your or a trade/business association of Product, a U.S. union or worker group, association. producers or exporters of the Subject a U.S. importer of the Subject (a) Production (quantity) and, if Merchandise in the Subject Country, Merchandise, a foreign producer or known, an estimate of the percentage of provide the following information on exporter of the Subject Merchandise, a total U.S. production of the Domestic your firm’s(s’) operations on that U.S. or foreign trade or business Like Product accounted for by your product during calendar year 2020 association (a majority of whose firm’s(s’) production; (report quantity data in number of tables members are interested parties under (b) Capacity (quantity) of your firm to and value data in U.S. dollars, landed the statute), or another interested party produce the Domestic Like Product (that and duty-paid at the U.S. port but not (including an explanation). If you are a is, the level of production that your including antidumping duties). If you union/worker group or trade/business establishment(s) could reasonably have are a trade/business association, provide association, identify the firms in which expected to attain during the year, the information, on an aggregate basis, your workers are employed or which are assuming normal operating conditions for the firms which are members of your members of your association. (using equipment and machinery in association.

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7740 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

(a) Production (quantity) and, if Issued: January 26, 2021. China (75 FR 69050–69054). Following known, an estimate of the percentage of Lisa Barton, the first five-year reviews by Commerce total production of Subject Merchandise Secretary to the Commission. and the Commission, effective March in the Subject Country accounted for by [FR Doc. 2021–02032 Filed 1–29–21; 8:45 am] 16, 2016, Commerce issued a your firm’s(s’) production; BILLING CODE 7020–02–P continuation of the antidumping and (b) Capacity (quantity) of your firm(s) countervailing duty orders on imports of to produce the Subject Merchandise in certain seamless carbon and alloy steel the Subject Country (that is, the level of INTERNATIONAL TRADE standard, line, and pressure pipe from production that your establishment(s) COMMISSION China (81 FR 14089). The Commission could reasonably have expected to is now conducting second reviews attain during the year, assuming normal [Investigation Nos. 701–TA–469 and 731– pursuant to section 751(c) of the Act, as TA–1168 (Second Review)] operating conditions (using equipment amended (19 U.S.C. 1675(c)), to and machinery in place and ready to Certain Seamless Carbon and Alloy determine whether revocation of the operate), normal operating levels (hours Steel Standard, Line, and Pressure orders would be likely to lead to per week/weeks per year), time for Pipe From China; Institution of Five- continuation or recurrence of material downtime, maintenance, repair, and Year Reviews injury to the domestic industry within cleanup, and a typical or representative a reasonably foreseeable time. product mix); and AGENCY: United States International Provisions concerning the conduct of (c) the quantity and value of your Trade Commission. this proceeding may be found in the firm’s(s’) exports to the United States of ACTION: Notice. Commission’s Rules of Practice and Subject Merchandise and, if known, an Procedure at 19 CFR part 201, subparts estimate of the percentage of total SUMMARY: The Commission hereby gives A and B, and 19 CFR part 207, subparts exports to the United States of Subject notice that it has instituted reviews A and F. The Commission will assess Merchandise from the Subject Country pursuant to the Tariff Act of 1930 (‘‘the the adequacy of interested party accounted for by your firm’s(s’) exports. Act’’), as amended, to determine responses to this notice of institution to (12) Identify significant changes, if whether revocation of the antidumping determine whether to conduct full or any, in the supply and demand and countervailing duty orders on expedited reviews. The Commission’s conditions or business cycle for the certain seamless carbon and alloy steel determinations in any expedited Domestic Like Product that have standard, line, and pressure pipe from reviews will be based on the facts occurred in the United States or in the China would be likely to lead to available, which may include market for the Subject Merchandise in continuation or recurrence of material information provided in response to this the Subject Country after 2014, and injury. Pursuant to the Act, interested notice. significant changes, if any, that are parties are requested to respond to this Definitions.—The following likely to occur within a reasonably notice by submitting the information definitions apply to these reviews: foreseeable time. Supply conditions to specified below to the Commission. (1) Subject Merchandise is the class or consider include technology; DATES: Instituted February 1, 2021. To kind of merchandise that is within the production methods; development be assured of consideration, the scope of the five-year reviews, as efforts; ability to increase production deadline for responses is March 3, 2021. defined by Commerce. (including the shift of production Comments on the adequacy of responses (2) The Subject Country in these facilities used for other products and the may be filed with the Commission by reviews is China. use, cost, or availability of major inputs April 14, 2021. (3) The Domestic Like Product is the into production); and factors related to FOR FURTHER INFORMATION CONTACT: domestically produced product or the ability to shift supply among Mary Messer (202–205–3193), Office of products which are like, or in the different national markets (including Investigations, U.S. International Trade absence of like, most similar in barriers to importation in foreign Commission, 500 E Street SW, characteristics and uses with, the markets or changes in market demand Washington, DC 20436. Hearing- Subject Merchandise. In its original abroad). Demand conditions to consider impaired persons can obtain determinations and its expedited first include end uses and applications; the information on this matter by contacting five-year review determinations, the existence and availability of substitute the Commission’s TDD terminal on 202– Commission defined a single Domestic products; and the level of competition 205–1810. Persons with mobility Like Product consisting of all certain among the Domestic Like Product impairments who will need special seamless carbon and alloy steel produced in the United States, Subject assistance in gaining access to the standard, line, and pressure pipe less Merchandise produced in the Subject Commission should contact the Office than or equal to 16 inches in outside Country, and such merchandise from of the Secretary at 202–205–2000. diameter that is coextensive with other countries. General information concerning the Commerce’s scope. (13) (OPTIONAL) A statement of Commission may also be obtained by (4) The Domestic Industry is the U.S. whether you agree with the above accessing its internet server (https:// producers as a whole of the Domestic definitions of the Domestic Like Product www.usitc.gov). The public record for Like Product, or those producers whose and Domestic Industry; if you disagree this proceeding may be viewed on the collective output of the Domestic Like with either or both of these definitions, Commission’s electronic docket (EDIS) Product constitutes a major proportion please explain why and provide at https://edis.usitc.gov. of the total domestic production of the alternative definitions. SUPPLEMENTARY INFORMATION: product. In its original determinations Authority: This proceeding is being Background.— On November 10, and its expedited first five-year review conducted under authority of title VII of 2010, the Department of Commerce determinations, the Commission the Tariff Act of 1930; this notice is (‘‘Commerce’’) issued antidumping and defined a single Domestic Industry published pursuant to § 207.61 of the countervailing duty orders on imports of consisting of all domestic producers of Commission’s rules. certain seamless carbon and alloy steel certain seamless carbon and alloy steel By order of the Commission. standard, line, and pressure pipe from standard, line, and pressure pipe less

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7741

than or equal to 16 inches in outside days after publication of this notice in as appropriate), and a certificate of diameter. the Federal Register. Authorized service must accompany the document (5) An Importer is any person or firm applicants must represent interested (if you are not a party to the proceeding engaged, either directly or through a parties, as defined in 19 U.S.C. 1677(9), you do not need to serve your response). parent company or subsidiary, in who are parties to the proceeding. A Please note the Secretary’s Office will importing the Subject Merchandise into separate service list will be maintained accept only electronic filings at this the United States from a foreign by the Secretary for those parties time. Filings must be made through the manufacturer or through its selling authorized to receive BPI under the Commission’s Electronic Document agent. APO. Information System (EDIS, https:// Participation in the proceeding and Certification.—Pursuant to § 207.3 of edis.usitc.gov). No in-person paper- public service list.—Persons, including the Commission’s rules, any person based filings or paper copies of any industrial users of the Subject submitting information to the electronic filings will be accepted until Merchandise and, if the merchandise is Commission in connection with this further notice. sold at the retail level, representative proceeding must certify that the No response to this request for consumer organizations, wishing to information is accurate and complete to information is required if a currently participate in the proceeding as parties the best of the submitter’s knowledge. In valid Office of Management and Budget must file an entry of appearance with making the certification, the submitter (‘‘OMB’’) number is not displayed; the the Secretary to the Commission, as will acknowledge that information OMB number is 3117 0016/USITC No. provided in § 201.11(b)(4) of the submitted in response to this request for 21–5–481, expiration date June 30, Commission’s rules, no later than 21 information and throughout this 2023. Public reporting burden for the days after publication of this notice in proceeding or other proceeding may be request is estimated to average 15 hours the Federal Register. The Secretary will disclosed to and used: (i) By the per response. Please send comments maintain a public service list containing Commission, its employees and Offices, regarding the accuracy of this burden the names and addresses of all persons, and contract personnel (a) for estimate to the Office of Investigations, or their representatives, who are parties developing or maintaining the records U.S. International Trade Commission, to the proceeding. of this or a related proceeding, or (b) in 500 E Street SW, Washington, DC Former Commission employees who internal investigations, audits, reviews, 20436. are seeking to appear in Commission and evaluations relating to the Inability to provide requested five-year reviews are advised that they programs, personnel, and operations of information.—Pursuant to § 207.61(c) of may appear in a review even if they the Commission including under 5 the Commission’s rules, any interested participated personally and U.S.C. Appendix 3; or (ii) by U.S. party that cannot furnish the substantially in the corresponding government employees and contract information requested by this notice in underlying original investigation or an personnel, solely for cybersecurity the requested form and manner shall earlier review of the same underlying purposes. All contract personnel will notify the Commission at the earliest investigation. The Commission’s sign appropriate nondisclosure possible time, provide a full explanation designated agency ethics official has agreements. of why it cannot provide the requested advised that a five-year review is not the Written submissions.—Pursuant to information, and indicate alternative same particular matter as the underlying § 207.61 of the Commission’s rules, each forms in which it can provide original investigation, and a five-year interested party response to this notice equivalent information. If an interested review is not the same particular matter must provide the information specified party does not provide this notification as an earlier review of the same below. The deadline for filing such (or the Commission finds the underlying investigation for purposes of responses is March 3, 2021. Pursuant to explanation provided in the notification 18 U.S.C. 207, the post-employment § 207.62(b) of the Commission’s rules, inadequate) and fails to provide a statute for Federal employees, and eligible parties (as specified in complete response to this notice, the Commission rule 201.15(b) (19 CFR Commission rule 207.62(b)(1)) may also Commission may take an adverse 201.15(b)), 79 FR 3246 (Jan. 17, 2014), file comments concerning the adequacy inference against the party pursuant to 73 FR 24609 (May 5, 2008). of responses to the notice of institution § 776(b) of the Act (19 U.S.C. 1677e(b)) Consequently, former employees are not and whether the Commission should in making its determinations in the required to seek Commission approval conduct expedited or full reviews. The reviews. to appear in a review under Commission deadline for filing such comments is Information to be Provided in rule 19 CFR 201.15, even if the April 14, 2021. All written submissions Response to This Notice of Institution: corresponding underlying original must conform with the provisions of As used below, the term ‘‘firm’’ includes investigation or an earlier review of the § 201.8 of the Commission’s rules; any any related firms. same underlying investigation was submissions that contain BPI must also (1) The name and address of your firm pending when they were Commission conform with the requirements of or entity (including World Wide Web employees. For further ethics advice on §§ 201.6, 207.3, and 207.7 of the address) and name, telephone number, this matter, contact Charles Smith, Commission’s rules. The Commission’s fax number, and Email address of the Office of the General Counsel, at 202– Handbook on Filing Procedures, certifying official. 205–3408. available on the Commission’s website (2) A statement indicating whether Limited disclosure of business at https://www.usitc.gov/documents/ your firm/entity is an interested party proprietary information (BPI) under an handbook_on_filing_procedures.pdf, under 19 U.S.C. 1677(9) and if so, how, administrative protective order (APO) elaborates upon the Commission’s including whether your firm/entity is a and APO service list.—Pursuant to procedures with respect to filings. Also, U.S. producer of the Domestic Like § 207.7(a) of the Commission’s rules, the in accordance with §§ 201.16(c) and Product, a U.S. union or worker group, Secretary will make BPI submitted in 207.3 of the Commission’s rules, each a U.S. importer of the Subject this proceeding available to authorized document filed by a party to the Merchandise, a foreign producer or applicants under the APO issued in the proceeding must be served on all other exporter of the Subject Merchandise, a proceeding, provided that the parties to the proceeding (as identified U.S. or foreign trade or business application is made no later than 21 by either the public or APO service list association (a majority of whose

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7742 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

members are interested parties under (b) Capacity (quantity) of your firm to product during calendar year 2020 the statute), or another interested party produce the Domestic Like Product (that (report quantity data in short tons and (including an explanation). If you are a is, the level of production that your value data in U.S. dollars, landed and union/worker group or trade/business establishment(s) could reasonably have duty-paid at the U.S. port but not association, identify the firms in which expected to attain during the year, including antidumping or your workers are employed or which are assuming normal operating conditions countervailing duties). If you are a members of your association. (using equipment and machinery in trade/business association, provide the (3) A statement indicating whether place and ready to operate), normal information, on an aggregate basis, for your firm/entity is willing to participate operating levels (hours per week/weeks the firms which are members of your in this proceeding by providing per year), time for downtime, association. information requested by the maintenance, repair, and cleanup, and a (a) Production (quantity) and, if Commission. typical or representative product mix); known, an estimate of the percentage of (4) A statement of the likely effects of (c) the quantity and value of U.S. total production of Subject Merchandise the revocation of the antidumping and commercial shipments of the Domestic in the Subject Country accounted for by countervailing duty orders on the Like Product produced in your U.S. your firm’s(s’) production; Domestic Industry in general and/or plant(s); (b) Capacity (quantity) of your firm(s) your firm/entity specifically. In your (d) the quantity and value of U.S. to produce the Subject Merchandise in response, please discuss the various internal consumption/company the Subject Country (that is, the level of factors specified in section 752(a) of the transfers of the Domestic Like Product production that your establishment(s) Act (19 U.S.C. 1675a(a)) including the produced in your U.S. plant(s); and could reasonably have expected to likely volume of subject imports, likely (e) the value of (i) net sales, (ii) cost attain during the year, assuming normal price effects of subject imports, and of goods sold (COGS), (iii) gross profit, operating conditions (using equipment likely impact of imports of Subject (iv) selling, general and administrative and machinery in place and ready to Merchandise on the Domestic Industry. (SG&A) expenses, and (v) operating operate), normal operating levels (hours (5) A list of all known and currently income of the Domestic Like Product per week/weeks per year), time for operating U.S. producers of the produced in your U.S. plant(s) (include downtime, maintenance, repair, and Domestic Like Product. Identify any both U.S. and export commercial sales, cleanup, and a typical or representative known related parties and the nature of internal consumption, and company product mix); and the relationship as defined in section transfers) for your most recently (c) the quantity and value of your 771(4)(B) of the Act (19 U.S.C. completed fiscal year (identify the date firm’s(s’) exports to the United States of 1677(4)(B)). on which your fiscal year ends). Subject Merchandise and, if known, an (6) A list of all known and currently (10) If you are a U.S. importer or a estimate of the percentage of total operating U.S. importers of the Subject trade/business association of U.S. exports to the United States of Subject Merchandise and producers of the importers of the Subject Merchandise Merchandise from the Subject Country Subject Merchandise in the Subject from the Subject Country, provide the accounted for by your firm’s(s’) exports. Country that currently export or have following information on your firm’s(s’) (12) Identify significant changes, if exported Subject Merchandise to the operations on that product during any, in the supply and demand United States or other countries after calendar year 2020 (report quantity data conditions or business cycle for the 2014. in short tons and value data in U.S. Domestic Like Product that have (7) A list of 3–5 leading purchasers in dollars). If you are a trade/business occurred in the United States or in the the U.S. market for the Domestic Like association, provide the information, on market for the Subject Merchandise in Product and the Subject Merchandise an aggregate basis, for the firms which the Subject Country after 2014, and (including street address, World Wide are members of your association. significant changes, if any, that are Web address, and the name, telephone (a) The quantity and value (landed, likely to occur within a reasonably number, fax number, and Email address duty-paid but not including foreseeable time. Supply conditions to of a responsible official at each firm). antidumping or countervailing duties) consider include technology; (8) A list of known sources of of U.S. imports and, if known, an production methods; development information on national or regional estimate of the percentage of total U.S. efforts; ability to increase production prices for the Domestic Like Product or imports of Subject Merchandise from (including the shift of production the Subject Merchandise in the U.S. or the Subject Country accounted for by facilities used for other products and the other markets. your firm’s(s’) imports; use, cost, or availability of major inputs (9) If you are a U.S. producer of the (b) the quantity and value (f.o.b. U.S. into production); and factors related to Domestic Like Product, provide the port, including antidumping and/or the ability to shift supply among following information on your firm’s countervailing duties) of U.S. different national markets (including operations on that product during commercial shipments of Subject barriers to importation in foreign calendar year 2020, except as noted Merchandise imported from the Subject markets or changes in market demand (report quantity data in short tons and Country; and abroad). Demand conditions to consider value data in U.S. dollars, f.o.b. plant). (c) the quantity and value (f.o.b. U.S. include end uses and applications; the If you are a union/worker group or port, including antidumping and/or existence and availability of substitute trade/business association, provide the countervailing duties) of U.S. internal products; and the level of competition information, on an aggregate basis, for consumption/company transfers of among the Domestic Like Product the firms in which your workers are Subject Merchandise imported from the produced in the United States, Subject employed/which are members of your Subject Country. Merchandise produced in the Subject association. (11) If you are a producer, an exporter, Country, and such merchandise from (a) Production (quantity) and, if or a trade/business association of other countries. known, an estimate of the percentage of producers or exporters of the Subject (13) (OPTIONAL) A statement of total U.S. production of the Domestic Merchandise in the Subject Country, whether you agree with the above Like Product accounted for by your provide the following information on definitions of the Domestic Like Product firm’s(s’) production; your firm’s(s’) operations on that and Domestic Industry; if you disagree

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7743

with either or both of these definitions, Department of Commerce (‘‘Commerce’’) defined a single Domestic Like Product please explain why and provide issued an antidumping duty order on as potassium permanganate, coextensive alternative definitions. imports of potassium permanganate with Commerce’s scope. Authority: This proceeding is being from China (49 FR 3897). Following first (4) The Domestic Industry is the U.S. conducted under authority of title VII of the five-year reviews by Commerce and the producers as a whole of the Domestic Tariff Act of 1930; this notice is published Commission, effective November 24, Like Product, or those producers whose pursuant to § 207.61 of the Commission’s 1999, Commerce issued a continuation collective output of the Domestic Like rules. of the antidumping duty order on Product constitutes a major proportion By order of the Commission. imports of potassium permanganate of the total domestic production of the Issued: January 27, 2021. from China (64 FR 66166). Following product. In its original determination, its full first five-year review Lisa Barton, second five-year reviews by Commerce and the Commission, effective June 21, determination, and its expedited Secretary to the Commission. 2005, Commerce issued a continuation second, third, and fourth five-year [FR Doc. 2021–02088 Filed 1–29–21; 8:45 am] of the antidumping duty order on review determinations, the Commission BILLING CODE 7020–02–P imports of potassium permanganate defined the Domestic Industry as all from China (70 FR 35630). Following domestic producers of potassium the third five-year reviews by Commerce permanganate. INTERNATIONAL TRADE and the Commission, effective October (5) An Importer is any person or firm COMMISSION 25, 2010, Commerce issued a engaged, either directly or through a [Investigation No. 731–TA–125 (Fifth continuation of the antidumping duty parent company or subsidiary, in Review)] order on imports of potassium importing the Subject Merchandise into permanganate from China (75 FR the United States from a foreign Potassium Permanganate From China; 65448). Following the fourth five-year manufacturer or through its selling Institution of a Five-Year Review reviews by Commerce and the agent. Participation in the proceeding and AGENCY: United States International Commission, effective March 18, 2016, public service list.—Persons, including Trade Commission. Commerce issued a continuation of the antidumping duty order on imports of industrial users of the Subject ACTION: Notice. potassium permanganate from China (81 Merchandise and, if the merchandise is SUMMARY: The Commission hereby gives FR 14835). The Commission is now sold at the retail level, representative notice that it has instituted a review conducting a fifth review pursuant to consumer organizations, wishing to pursuant to the Tariff Act of 1930 (‘‘the section 751(c) of the Act, as amended participate in the proceeding as parties Act’’), as amended, to determine (19 U.S.C. 1675(c)), to determine must file an entry of appearance with whether revocation of the antidumping whether revocation of the order would the Secretary to the Commission, as duty order on potassium permanganate be likely to lead to continuation or provided in § 201.11(b)(4) of the from China would be likely to lead to recurrence of material injury to the Commission’s rules, no later than 21 continuation or recurrence of material domestic industry within a reasonably days after publication of this notice in injury. Pursuant to the Act, interested foreseeable time. Provisions concerning the Federal Register. The Secretary will parties are requested to respond to this the conduct of this proceeding may be maintain a public service list containing notice by submitting the information found in the Commission’s Rules of the names and addresses of all persons, specified below to the Commission. Practice and Procedure at 19 CFR part or their representatives, who are parties 201, subparts A and B, and 19 CFR part to the proceeding. DATES: Instituted February 1, 2021. To Former Commission employees who be assured of consideration, the 207, subparts A and F. The Commission will assess the adequacy of interested are seeking to appear in Commission deadline for responses is March 3, 2021. five-year reviews are advised that they Comments on the adequacy of responses party responses to this notice of institution to determine whether to may appear in a review even if they may be filed with the Commission by participated personally and April 14, 2021. conduct a full review or an expedited review. The Commission’s substantially in the corresponding FOR FURTHER INFORMATION CONTACT: determination in any expedited review underlying original investigation or an Mary Messer (202–205–3193), Office of will be based on the facts available, earlier review of the same underlying Investigations, U.S. International Trade which may include information investigation. The Commission’s Commission, 500 E Street SW, provided in response to this notice. designated agency ethics official has Washington, DC 20436. Hearing- Definitions.—The following advised that a five-year review is not the impaired persons can obtain definitions apply to this review: same particular matter as the underlying information on this matter by contacting (1) Subject Merchandise is the class or original investigation, and a five-year the Commission’s TDD terminal on 202– kind of merchandise that is within the review is not the same particular matter 205–1810. Persons with mobility scope of the five-year review, as defined as an earlier review of the same impairments who will need special by the Department of Commerce. underlying investigation for purposes of assistance in gaining access to the (2) The Subject Country in this review 18 U.S.C. 207, the post-employment Commission should contact the Office is China. statute for Federal employees, and of the Secretary at 202–205–2000. (3) The Domestic Like Product is the Commission rule 201.15(b) (19 CFR General information concerning the domestically produced product or 201.15(b)), 79 FR 3246 (Jan. 17, 2014), Commission may also be obtained by products which are like, or in the 73 FR 24609 (May 5, 2008). accessing its internet server (https:// absence of like, most similar in Consequently, former employees are not www.usitc.gov). The public record for characteristics and uses with, the required to seek Commission approval this proceeding may be viewed on the Subject Merchandise. In its original to appear in a review under Commission Commission’s electronic docket (EDIS) determination, its full first five-year rule 19 CFR 201.15, even if the at https://edis.usitc.gov. review determination, and its expedited corresponding underlying original SUPPLEMENTARY INFORMATION: second, third, and fourth five-year investigation or an earlier review of the Background.— On January 31, 1984, the review determinations, the Commission same underlying investigation was

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7744 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

pending when they were Commission that contain BPI must also conform with (1) The name and address of your firm employees. For further ethics advice on the requirements of §§ 201.6, 207.3, and or entity (including World Wide Web this matter, contact Charles Smith, 207.7 of the Commission’s rules. The address) and name, telephone number, Office of the General Counsel, at 202– Commission’s Handbook on Filing fax number, and Email address of the 205–3408. Procedures, available on the certifying official. Limited disclosure of business Commission’s website at https:// (2) A statement indicating whether proprietary information (BPI) under an www.usitc.gov/documents/handbook_ your firm/entity is an interested party administrative protective order (APO) on_filing_procedures.pdf, elaborates under 19 U.S.C. 1677(9) and if so, how, and APO service list.—Pursuant to upon the Commission’s procedures with including whether your firm/entity is a § 207.7(a) of the Commission’s rules, the respect to filings. Also, in accordance U.S. producer of the Domestic Like Secretary will make BPI submitted in with §§ 201.16(c) and 207.3 of the Product, a U.S. union or worker group, this proceeding available to authorized Commission’s rules, each document a U.S. importer of the Subject applicants under the APO issued in the filed by a party to the proceeding must Merchandise, a foreign producer or proceeding, provided that the be served on all other parties to the exporter of the Subject Merchandise, a application is made no later than 21 proceeding (as identified by either the U.S. or foreign trade or business days after publication of this notice in public or APO service list as association (a majority of whose the Federal Register. Authorized appropriate), and a certificate of service members are interested parties under applicants must represent interested must accompany the document (if you the statute), or another interested party parties, as defined in 19 U.S.C. 1677(9), are not a party to the proceeding you do (including an explanation). If you are a who are parties to the proceeding. A not need to serve your response). union/worker group or trade/business separate service list will be maintained Please note the Secretary’s Office will association, identify the firms in which by the Secretary for those parties accept only electronic filings at this your workers are employed or which are authorized to receive BPI under the time. Filings must be made through the members of your association. APO. Commission’s Electronic Document (3) A statement indicating whether Certification.—Pursuant to § 207.3 of Information System (EDIS, https:// your firm/entity is willing to participate the Commission’s rules, any person edis.usitc.gov). No in-person paper- in this proceeding by providing submitting information to the based filings or paper copies of any information requested by the Commission in connection with this electronic filings will be accepted until Commission. proceeding must certify that the further notice. (4) A statement of the likely effects of information is accurate and complete to No response to this request for the revocation of the antidumping duty the best of the submitter’s knowledge. In information is required if a currently order on the Domestic Industry in making the certification, the submitter valid Office of Management and Budget general and/or your firm/entity will acknowledge that information (‘‘OMB’’) number is not displayed; the specifically. In your response, please submitted in response to this request for OMB number is 3117 0016/USITC No. discuss the various factors specified in information and throughout this 21–5–480, expiration date June 30, section 752(a) of the Act (19 U.S.C. proceeding or other proceeding may be 2023. Public reporting burden for the 1675a(a)) including the likely volume of disclosed to and used: (i) By the request is estimated to average 15 hours subject imports, likely price effects of Commission, its employees and Offices, per response. Please send comments subject imports, and likely impact of and contract personnel (a) for regarding the accuracy of this burden imports of Subject Merchandise on the developing or maintaining the records estimate to the Office of Investigations, Domestic Industry. of this or a related proceeding, or (b) in U.S. International Trade Commission, (5) A list of all known and currently internal investigations, audits, reviews, 500 E Street SW, Washington, DC operating U.S. producers of the and evaluations relating to the 20436. Domestic Like Product. Identify any programs, personnel, and operations of Inability to provide requested known related parties and the nature of the Commission including under 5 information.—Pursuant to § 207.61(c) of the relationship as defined in U.S.C. Appendix 3; or (ii) by U.S. the Commission’s rules, any interested § 771(4)(B) of the Act (19 U.S.C. government employees and contract party that cannot furnish the 1677(4)(B)). personnel, solely for cybersecurity information requested by this notice in (6) A list of all known and currently purposes. All contract personnel will the requested form and manner shall operating U.S. importers of the Subject sign appropriate nondisclosure notify the Commission at the earliest Merchandise and producers of the agreements. possible time, provide a full explanation Subject Merchandise in the Subject Written submissions.—Pursuant to of why it cannot provide the requested Country that currently export or have § 207.61 of the Commission’s rules, each information, and indicate alternative exported Subject Merchandise to the interested party response to this notice forms in which it can provide United States or other countries after must provide the information specified equivalent information. If an interested 2014. below. The deadline for filing such party does not provide this notification (7) A list of 3–5 leading purchasers in responses is March 3, 2021. Pursuant to (or the Commission finds the the U.S. market for the Domestic Like § 207.62(b) of the Commission’s rules, explanation provided in the notification Product and the Subject Merchandise eligible parties (as specified in inadequate) and fails to provide a (including street address, World Wide Commission rule 207.62(b)(1)) may also complete response to this notice, the Web address, and the name, telephone file comments concerning the adequacy Commission may take an adverse number, fax number, and Email address of responses to the notice of institution inference against the party pursuant to of a responsible official at each firm). and whether the Commission should § 776(b) of the Act (19 U.S.C. 1677e(b)) (8) A list of known sources of conduct an expedited or full review. in making its determination in the information on national or regional The deadline for filing such comments review. prices for the Domestic Like Product or is April 14, 2021. All written Information to be Provided in the Subject Merchandise in the U.S. or submissions must conform with the Response to This Notice of Institution: other markets. provisions of § 201.8 of the As used below, the term ‘‘firm’’ includes (9) If you are a U.S. producer of the Commission’s rules; any submissions any related firms. Domestic Like Product, provide the

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7745

following information on your firm’s U.S. commercial shipments of Subject abroad). Demand conditions to consider operations on that product during Merchandise imported from the Subject include end uses and applications; the calendar year 2020, except as noted Country; and existence and availability of substitute (report quantity data in pounds and (c) the quantity and value (f.o.b. U.S. products; and the level of competition value data in U.S. dollars, f.o.b. plant). port, including antidumping duties) of among the Domestic Like Product If you are a union/worker group or U.S. internal consumption/company produced in the United States, Subject trade/business association, provide the transfers of Subject Merchandise Merchandise produced in the Subject information, on an aggregate basis, for imported from the Subject Country. Country, and such merchandise from the firms in which your workers are (11) If you are a producer, an exporter, other countries. employed/which are members of your or a trade/business association of (13) (OPTIONAL) A statement of association. producers or exporters of the Subject whether you agree with the above (a) Production (quantity) and, if Merchandise in the Subject Country, definitions of the Domestic Like Product known, an estimate of the percentage of provide the following information on and Domestic Industry; if you disagree total U.S. production of the Domestic your firm’s(s’) operations on that with either or both of these definitions, Like Product accounted for by your product during calendar year 2020 please explain why and provide firm’s(s’) production; (report quantity data in pounds and alternative definitions. (b) Capacity (quantity) of your firm to value data in U.S. dollars, landed and produce the Domestic Like Product (that duty-paid at the U.S. port but not Authority: This proceeding is being including antidumping duties). If you conducted under authority of title VII of the is, the level of production that your Tariff Act of 1930; this notice is published establishment(s) could reasonably have are a trade/business association, provide pursuant to § 207.61 of the Commission’s expected to attain during the year, the information, on an aggregate basis, rules. assuming normal operating conditions for the firms which are members of your By order of the Commission. (using equipment and machinery in association. place and ready to operate), normal (a) Production (quantity) and, if Issued: January 26, 2021. operating levels (hours per week/weeks known, an estimate of the percentage of Lisa Barton, per year), time for downtime, total production of Subject Merchandise Secretary to the Commission. maintenance, repair, and cleanup, and a in the Subject Country accounted for by [FR Doc. 2021–02027 Filed 1–29–21; 8:45 am] typical or representative product mix); your firm’s(s’) production; BILLING CODE 7020–02–P (c) the quantity and value of U.S. (b) Capacity (quantity) of your firm(s) commercial shipments of the Domestic to produce the Subject Merchandise in the Subject Country (that is, the level of Like Product produced in your U.S. DEPARTMENT OF JUSTICE plant(s); production that your establishment(s) (d) the quantity and value of U.S. could reasonably have expected to Bureau of Alcohol, Tobacco, Firearms internal consumption/company attain during the year, assuming normal and Explosives transfers of the Domestic Like Product operating conditions (using equipment produced in your U.S. plant(s); and and machinery in place and ready to [OMB Number 1140–0100] (e) the value of (i) net sales, (ii) cost operate), normal operating levels (hours of goods sold (COGS), (iii) gross profit, per week/weeks per year), time for Agency Information Collection (iv) selling, general and administrative downtime, maintenance, repair, and Activities; Proposed eCollection of (SG&A) expenses, and (v) operating cleanup, and a typical or representative eComments Requested; Extension income of the Domestic Like Product product mix); and With Change of a Currently Approved produced in your U.S. plant(s) (include (c) the quantity and value of your Collection; Report of Multiple Sale or both U.S. and export commercial sales, firm’s(s’) exports to the United States of Other Disposition of Certain Rifles— internal consumption, and company Subject Merchandise and, if known, an ATF Form 3310.12 transfers) for your most recently estimate of the percentage of total AGENCY: Bureau of Alcohol, Tobacco, completed fiscal year (identify the date exports to the United States of Subject Merchandise from the Subject Country Firearms and Explosives, Department of on which your fiscal year ends). Justice (10) If you are a U.S. importer or a accounted for by your firm’s(s’) exports. trade/business association of U.S. (12) Identify significant changes, if ACTION: 30-Day notice. importers of the Subject Merchandise any, in the supply and demand conditions or business cycle for the SUMMARY: The Bureau of Alcohol, from the Subject Country, provide the Tobacco, Firearms and Explosives following information on your firm’s(s’) Domestic Like Product that have occurred in the United States or in the (ATF), Department of Justice (DOJ) will operations on that product during submit the following information calendar year 2020 (report quantity data market for the Subject Merchandise in the Subject Country after 2014, and collection request to the Office of in pounds and value data in U.S. Management and Budget (OMB) for dollars). If you are a trade/business significant changes, if any, that are likely to occur within a reasonably review and approval in accordance with association, provide the information, on the Paperwork Reduction Act of 1995. an aggregate basis, for the firms which foreseeable time. Supply conditions to are members of your association. consider include technology; DATES: Comments are encouraged and (a) The quantity and value (landed, production methods; development will be accepted for an additional 30 duty-paid but not including efforts; ability to increase production days until March 3, 2021. antidumping duties) of U.S. imports (including the shift of production ADDRESSES: Written comments and and, if known, an estimate of the facilities used for other products and the recommendations for the proposed percentage of total U.S. imports of use, cost, or availability of major inputs information collection should be sent Subject Merchandise from the Subject into production); and factors related to within 30 days of publication of this Country accounted for by your firm’s(s’) the ability to shift supply among notice to www.reginfo.gov/public/do/ imports; different national markets (including PRAMain. Find this particular (b) the quantity and value (f.o.b. U.S. barriers to importation in foreign information collection by selecting port, including antidumping duties) of markets or changes in market demand ‘‘Currently under 30-day Review—Open

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7746 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

for Public Comments’’ or by using the (5) An estimate of the total number of The Settlement Agreement would search function. respondents and the amount of time resolve a proof of claim by the EPA SUPPLEMENTARY INFORMATION: Written estimated for an average respondent to under Section 107 of the comments and suggestions from the respond: An estimated 1,000 Comprehensive Environmental public and affected agencies concerning respondents will utilize the form about Response, Compensation, and Liability the proposed collection of information twice annually, and it will take each Act (‘‘CERCLA’’), 42 U.S.C. 9607, are encouraged. Your comments should respondent approximately 12 minutes to against WEIC involving the insured address one or more of the following complete their responses. Pioneer Metals Finishing Co., Inc. four points: (6) An estimate of the total public (‘‘Pioneer Metals’’) at the Pioneer Metals —Evaluate whether the proposed burden (in hours) associated with the Finishing Superfund Site. EPA filed a collection of information is necessary collection: The estimated annual public proof of claim in the instant proceeding for the proper performance of the burden associated with this collection is against WEIC arising from policies of functions of the agency, including 400 hours, which is equal to 1,000 (# of insurance that WEIC companies had whether the information will have respondents) * 2 (# of responses per issued to Pioneer Metals based on practical utility; respondent) * .2 (12 minutes). liability for contamination at the —Evaluate the accuracy of the agency’s (7) An Explanation of the Change in Pioneer Metals Finishing Superfund estimate of the burden of the Estimates: The adjustments associated Site. proposed collection of information, with this collection include a decrease Under the Settlement Agreement, including the validity of the in the number of respondents and WEIC will pay to the United States methodology and assumptions used; responses by 870 and 7,640 $1,200,000 million to the EPA. In —Evaluate whether and if so how the respectively. Consequently, both the consideration of this payment, upon quality, utility, and clarity of the public burden hours and public cost approval of the Settlement Agreement, information to be collected can be burden have also reduced by 1,492 and the EPA covenants not to file a civil enhanced; and $20,067 respectively, since the last action against the Insurance —Minimize the burden of the collection renewal in 2019. Commissioner, the California of information on those who are to If additional information is required Department of Insurance, the California respond, including through the use of contact: Melody Braswell, Department Conservation and Liquidation Office appropriate automated, electronic, Clearance Officer, United States and WEIC with respect to all liabilities mechanical, or other technological Department of Justice, Justice and obligations to Pioneer Metals or the collection techniques or other forms Management Division, Policy and EPA arising under CERCLA under the of information technology, e.g., Planning Staff, Two Constitution Policies issued by the WEIC to Pioneer permitting electronic submission of Square, 145 N Street NE, 3E.405A, Metals, whether such liabilities and responses. Washington, DC 20530. obligations are known or unknown, Overview of This Information Dated: January 26, 2021. reported or unreported, and whether Collection Melody Braswell, currently existing or arising in the future. The Settlement Agreement is (1) Type of Information Collection: Department Clearance Officer for PRA, U.S. conditioned upon court approval. The Extension with change of a currently Department of Justice. Commissioner will appear at a hearing approved collection. [FR Doc. 2021–01989 Filed 1–29–21; 8:45 am] to present the motion seeking approval (2) The Title of the Form/Collection: BILLING CODE 4410–14–P Report of Multiple Sale or Other the Settlement Agreement on February Disposition of Certain Rifles. 24, 2021 at 9:30 a.m. in Department 302 (3) The agency form number, if any, DEPARTMENT OF JUSTICE of the San Francisco County Superior and the applicable component of the Court located at 400 McAllister Street, Department sponsoring the collection: Notice of Filing of Proposed San Francisco, California 94102. Form number: ATF Form 3310.12. Settlement Agreement Regarding The publication of this notice opens Component: Bureau of Alcohol, Environmental Claims in Connection a period for public comment on the Tobacco, Firearms and Explosives, U.S. With the Pioneer Metals Finishing Settlement Agreement. Comments Department of Justice. Superfund Site should be addressed to the Assistant (4) Affected public who will be asked Attorney General, Environment and or required to respond, as well as a brief On January 21, 2021 a Notice of Natural Resources Division, and should abstract: Motion was filed in the Superior Court refer to Insurance Commissioner of the Primary: Business or other for-profit. for the State of California for the County State of California v. Western Employers Other: None. of San Francisco in the proceeding Insurance Company, et al., D.J. Ref. No. Abstract: Federal firearms licensees entitled Insurance Commissioner of the 90–11–3–10954/2. All comments must (FFLs) who are dealers and pawnbrokers State of California vs. Western be submitted no later than thirty (30) in Arizona, California, New Mexico and Employers Insurance Company, et al., days after the publication date of this Texas, must report multiple sale or Case No. CPF–97–984281. The Motion notice. Comments may be submitted other disposition of two or more rifles will seek court approval of the Pioneer either by email or by mail: with the following characteristics: (a) Metals Finishing Superfund Site Semi-automatic, (b) caliber greater than Settlement Agreement between the To submit .22, and (c) the ability to accept a Insurance Commissioner of the State of comments: Send them to: detachable magazine. These FFLs must California (‘‘Commissioner’’), in his complete the Report of Multiple Sale or capacity as the liquidator of the Western By email ...... pubcomment-ees.enrd@ Other Disposition of Certain Rifles— Employers Insurance Company usdoj.gov. ATF Form 3310.12 regarding such sale (‘‘WEIC’’), and the Environmental By mail ...... Assistant Attorney General, or other disposition to an unlicensed Protection Agency (‘‘EPA’’), acting by U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC person, whether it occurs one time or and through the United States 20044–7611. within five consecutive business days. Department of Justice (‘‘DOJ’’).

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7747

During the public comment period, received a request for an extension of Place: University of California—Santa the Settlement Agreement may be the comment period. In consideration of Barbara, KITP Kohn Hall Santa Barbara, examined and downloaded at this the request, notice is hereby given that CA 93106–4030. Justice Department website: https:// the Department of Justice has extended Type of Meeting: Part-Open. www.justice.gov/enrd/consent-decrees. the comment period on the proposed Contact Person: Edmundo Garcia- Alternatively, a paper copy of the consent decree by an additional 30 days, Solis, Program Director, Division of Settlement Agreement will be provided up to and including February 22, 2021. Physics, National Science Foundation, upon written request and payment of Comments should be addressed to the 2415 Eisenhower Avenue, Room 9219, reproduction costs. Please mail your Assistant Attorney General, Alexandria, VA 22314; Telephone: (703) request and payment to: Consent Decree Environment and Natural Resources 292–4432. Library, U.S. DOJ—ENRD, P.O. Box Division, and should refer to United Purpose of Meeting: Virtual site visit 7611, Washington, DC 20044–7611. States, the State of Utah, the State of to provide an evaluation of the progress Please enclose a check or money order Rhode Island and the Commonwealth of of the projects at the host site for the for $2.25 (25 cents per page Massachusetts Executive Office of Division of Physics at the National reproduction cost) payable to the United Workforce Development, Department of Science Foundation. States Treasury. Labor Standards v. The Home Depot, Agenda (All Times PST) Henry Friedman, U.S.A., Inc., D.J. Ref. No. 90–5–1–1– 11854. Comments may be submitted April 5, 2021 Assistant Section Chief, Environmental either by email or by mail: Enforcement Section, Environment and 8:00 a.m.–8:30 a.m. Executive Session Natural Resources Division. To submit (Closed) [FR Doc. 2021–02023 Filed 1–29–21; 8:45 am] comments: Send them to: 8:30 a.m.–1:30 p.m. Presentations BILLING CODE 4410–15–P 1:30 p.m.–2:00 p.m. Executive Session By email ...... pubcomment-ees.enrd@ (Closed) usdoj.gov. DEPARTMENT OF JUSTICE By mail ...... Assistant Attorney General, April 6, 2021 U.S. DOJ—ENRD, P.O. 8:00 a.m.–8:30 a.m. Executive Session Notice of Extension of Public Box 7611, Washington, DC (Closed) Comment Period 20044–7611. 8:30 a.m.–1:30 p.m. Presentations 1:30 p.m.–2:00 p.m. Executive Session On December 17, 2020, the During the public comment period, (Closed) Department of Justice lodged a proposed the proposed consent decree may be consent decree with the United States examined and downloaded at this April 7, 2021 District Court for the Northern District Justice Department website: https:// 8:00 a.m.–9:00 a.m. Q & A of Georgia in the lawsuit entitled United www.justice.gov/enrd/consent-decrees. 9:00 a.m.–12:00 p.m. Executive Session States, the State of Utah, the State of We will provide a paper copy of the (Closed) Rhode Island and the Commonwealth of proposed consent decree upon written 12:00 p.m.–1:00 p.m. Closeout Massachusetts Executive Office of request and payment of reproduction presentation summary by panel Workforce Development, Department of costs. Please mail your request and Reason for Closing: The work being Labor Standards v. The Home Depot, payment to: Consent Decree Library, reviewed during closed portions of the U.S.A., Inc., Civil Action No. U.S. DOJ—ENRD, P.O. Box 7611, site visit include information of a 1:20CV5112. Washington, DC 20044–7611. proprietary or confidential nature, The United States, in conjunction Please enclose a check or money order including technical information; with the State of Utah, the State of for $22.25 (25 cents per page financial data, such as salaries and Rhode Island, and the Commonwealth reproduction cost) payable to the United personal information concerning of Massachusetts Executive Office of States Treasury. individuals associated with the project. Workforce Development, Department of These matters are exempt under 5 Labor Standards, filed this lawsuit Patricia McKenna, Assistant Section Chief, Environmental U.S.C. 552b(c), (4) and (6) of the under the Toxic Substances Control Act Government in the Sunshine Act. alleging violations of the Act’s Enforcement Section, Environment and Natural Resources Division. Renovation, Repair, and Painting Dated: January 27, 2021. (‘‘RRP’’) regulations, 40 CFR part 745, [FR Doc. 2021–02057 Filed 1–29–21; 8:45 am] Crystal Robinson, which address lead paint hazards at BILLING CODE 4410–15–P Committee Management Officer. home renovations. The complaint [FR Doc. 2021–02069 Filed 1–29–21; 8:45 am] alleges that Home Depot performed BILLING CODE 7555–01–P renovations through its retail stores at NATIONAL SCIENCE FOUNDATION approximately 2000 homes covered by Proposal Review Panel for Physics; the RRP regulations without using EPA Notice of Meeting NUCLEAR REGULATORY certified firms, among other allegations. COMMISSION The proposed consent decree requires In accordance with the Federal Home Depot to institute a compliance Advisory Committee Act (Pub. L. 92– [Docket Nos. 50–266 and 50–301; NRC– 2020–0277] program and pay a civil penalty of 463, as amended), the National Science $20,750,000. Foundation (NSF) announces the Notice of Intent To Conduct Scoping On December 23, 2020, the following meeting: Process and Prepare Environmental Department of Justice published notice Name and Committee Code: Kavli Impact Statement; NextEra Energy of the lodging of the proposed consent Institute for Theoretical Physics (KITP) Point Beach, LLC, Point Beach Nuclear decree. 85 FR 84,001. The notice started Virtual Site Visit (1208). Plant, Units 1 and 2 a 30-day period for the submission of Date and Time: April 5–6, 2021; 8:00 comments on the proposed consent a.m. to 2:00 p.m. (PST); April 7, 2021; AGENCY: Nuclear Regulatory decree. The Department of Justice has 8:00 a.m. to 1:00 p.m. (PST). Commission.

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7748 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

ACTION: Intent to conduct scoping I. Obtaining Information and Your request should state that the NRC process and prepare environmental Submitting Comments does not routinely edit comment submissions to remove such information impact statement; public scoping A. Obtaining Information meeting and request for comment. before making the comment Please refer to Docket ID NRC–2020– submissions available to the public or 0277 when contacting the NRC about SUMMARY: The U.S. Nuclear Regulatory entering the comment into ADAMS. the availability of information for this Commission (NRC) will conduct a action. You may obtain publicly II. Discussion scoping process to gather information available information related to this By letter dated November 16, 2020 necessary to prepare an environmental action by any of the following methods: (ADAMS Package Accession No. impact statement (EIS) to evaluate the • Federal Rulemaking Website: Go to ML20329A292), NextEra Energy Point environmental impacts for the https://regulations.gov and search for Beach, LLC (NextEra) submitted to the subsequent license renewal of the Docket ID NRC–2020–0277. NRC an application for subsequent operating licenses for Point Beach • NRC’s Agencywide Documents license renewal (SLR) of Renewed Nuclear Plant, Units 1 and 2 (Point Access and Management System Facility Operating License Nos. DPR–24 Beach). The NRC is seeking public (ADAMS): You may obtain publicly and DPR–27 for Point Beach, Units 1 comment on this action and has available documents online in the and 2, respectively, for an additional 20 scheduled a public scoping meeting that ADAMS Public Documents collection at years of operation. This submission will take place as an online webinar. https://www.nrc.gov/reading-rm/ initiated the NRC’s proposed action of adams.html. To begin the search, select determining whether to grant the SLR DATES: The NRC will hold a public ‘‘Begin Web-based ADAMS Search.’’ For application. The Point Beach units are scoping meeting as an online webinar problems with ADAMS, please contact pressurized water reactors designed by on February 17, 2021, from 2:00 p.m. to the NRC’s Public Document Room (PDR) Westinghouse Electric Corporation and 4:00 p.m. Eastern Standard Time (EST). reference staff at 1–800–397–4209, 301– are located on the shore of Lake Submit comments on the scope of the 415–4737, or by email to pdr.resource@ Michigan, in the Town of Two Creeks, EIS by March 3, 2021. Comments nrc.gov. The ADAMS accession number Manitowoc County, Wisconsin, received after this date will be for each document referenced in this approximately 15 miles north-northeast considered if it is practical to do so, but document (if it is available in ADAMS) of Manitowoc. The current renewed the NRC is able to ensure consideration is provided the first time that it is facility operating license for Unit 1 only for comments received on or before referenced. expires at midnight on October 5, 2030, this date. • Attention: The PDR, where you may and the current renewed facility examine and order copies of public operating license for Unit 2 expires at ADDRESSES: You may submit comments documents, is currently closed. You midnight on March 8, 2033. The SLR by any of the following methods; may submit your request to the PDR via application was submitted pursuant to however, the NRC encourages electronic email at [email protected] or call 1– part 54 of title 10 of the Code of Federal comment submission through the 800–397–4209 or 301–415–4737, Regulations (10 CFR) and seeks to Federal Rulemaking Website: between 8:00 a.m. and 4:00 p.m. (EST), extend the renewed facility operating • Federal Rulemaking Website: Go to Monday through Friday, except Federal license for Unit 1 to midnight on https://regulations.gov and search for holidays. October 5, 2050, and the renewed facility operating license for Unit 2 to Docket ID NRC–2020–0277. Address B. Submitting Comments questions about Docket IDs in midnight on March 8, 2053. A notice of The NRC encourages electronic Regulations.gov to Jennifer Borges; receipt and availability of the comment submission through the telephone: 301–287–9127; email: application was published in the Federal Rulemaking Website (https:// [email protected]. For technical Federal Register on December 29, 2020 www.regulations.gov). Please include (85 FR 85685). A notice of acceptance questions, contact the individual listed Docket ID NRC–2020–0277 in the for docketing of the application and of in the FOR FURTHER INFORMATION subject line of your comment opportunity to request a hearing was CONTACT section of this document. submission in order to ensure that the published in the Federal Register on • Mail comments to: Office of NRC is able to make your comment January 22, 2021 (86 FR 6684) and is Administration, Mail Stop: TWFN–7– submission available to the public in available on the Federal Rulemaking A60M, U.S. Nuclear Regulatory this docket. Website (https://www.regulations.gov) Commission, Washington, DC 20555– The NRC cautions you not to include by searching for Docket ID NRC–2020– 0001, ATTN: Program Management, identifying or contact information that 0277. Announcements and Editing Staff. you do not want to be publicly disclosed in your comment submission. III. Request for Comment For additional direction on obtaining The NRC will post all comment This notice informs the public of the information and submitting comments, submissions at https:// NRC’s intention to conduct see ‘‘Obtaining Information and www.regulations.gov as well as enter the environmental scoping and prepare an Submitting Comments’’ in the comment submissions into ADAMS. EIS related to the SLR application for SUPPLEMENTARY INFORMATION section of The NRC does not routinely edit Point Beach, and to provide the public this document. comment submissions to remove an opportunity to participate in the FOR FURTHER INFORMATION CONTACT: identifying or contact information. environmental scoping process, as Phyllis Clark, Office of Nuclear Material If you are requesting or aggregating defined in 10 CFR 51.29. Safety and Safeguards, U.S. Nuclear comments from other persons for The regulations in 36 CFR 800.8, Regulatory Commission, Washington, submission to the NRC, then you should ‘‘Coordination With the National inform those persons not to include Environmental Policy Act,’’ allow DC 20555–0001; telephone: 301–415– identifying or contact information that agencies to use their National 6447, email: [email protected]. they do not want to be publicly Environmental Policy Act of 1969 (42 SUPPLEMENTARY INFORMATION: disclosed in their comment submission. U.S.C. 4321, et seq.) (NEPA) process to

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7749

fulfill the requirements of Section 106 of c. Identify and eliminate from ADDRESSES section of this document. the National Historic Preservation Act of detailed study those issues that are The public scoping webinar will be held 1966 (54 U.S.C. 300101, et seq.) (NHPA). peripheral or are not significant or that on February 17, 2021, from 2:00 p.m. to Therefore, pursuant to 36 CFR 800.8(c), have been covered by prior 4:00 p.m. EST. Persons interested in the NRC intends to use its process and environmental review; attending this online webinar should documentation required for the d. Identify any environmental monitor the NRC’s Public Meeting preparation of the EIS on the proposed assessments and other ElSs that are Schedule website at https:// action to comply with Section 106 of the being or will be prepared that are www.nrc.gov/pmns/mtg for additional NHPA in lieu of the procedures set forth related to, but are not part of, the scope information, agendas for the meeting, at 36 CFR 800.3 through 800.6. of the supplement to the GEIS under and access information for the webinar. In accordance with 10 CFR 51.53(c) consideration; Please contact Ms. Phyllis Clark no later and 10 CFR 54.23, NextEra submitted an e. Identify other environmental than February 10, 2021, if environmental report (ER) as part of the review and consultation requirements accommodations or special equipment SLR application. The ER was prepared related to the proposed action; is needed to attend or to provide pursuant to 10 CFR part 51 and is f. Indicate the relationship between comments, so that the NRC staff can publicly available at ADAMS Accession the timing of the preparation of the determine whether the request can be No. ML20329A248. The ER will also be environmental analyses and the NRC’s accommodated. available for viewing at https:// tentative planning and decision-making The public scoping meeting will www.nrc.gov/reactors/operating/ schedule; include: (1) An overview by the NRC licensing/renewal/subsequent-license- g. Identify any cooperating agencies staff of the environmental and safety renewal.html. In addition, the SLR and, as appropriate, allocate review processes, the proposed scope of application, including the ER, is assignments for preparation and the supplement to the GEIS, and the available for public review on the schedules for completing the proposed review schedule; and (2) the website of the Lester Public Library at supplement to the GEIS to the NRC and opportunity for interested government http://www.lesterlibrary.org/. any cooperating agencies; and agencies, organizations, and individuals The NRC intends to gather the h. Describe how the supplement to to submit comments or suggestions on information necessary to prepare a the GEIS will be prepared, including environmental issues or the proposed plant-specific supplement to NUREG– any contractor assistance to be used. scope of the Point Beach subsequent 1437, ‘‘Generic Environmental Impact The NRC invites the following entities license renewal supplement to the GEIS. to participate in scoping: Statement for License Renewal of Participation in the scoping process Nuclear Plants’’ (ADAMS Package a. The applicant, NextEra; b. Any Federal agency that has for the Point Beach subsequent license Accession No. ML13107A023) (GEIS), jurisdiction by law or special expertise renewal supplement to the GEIS does related to the SLR application for Point with respect to any environmental not entitle participants to become Beach. The NRC is required by 10 CFR impact involved or that is authorized to parties to the proceeding to which the 51.95 to prepare a plant-specific develop and enforce relevant supplement to the GEIS relates. Matters supplement to the GEIS in connection environmental standards; related to participation in any hearing with the renewal of an operating c. Affected State and local are outside the scope of matters to be license. This notice is being published government agencies, including those discussed at this public meeting. in accordance with NEPA and the NRC’s authorized to develop and enforce Dated: January 26, 2021. regulations at 10 CFR part 51. relevant environmental standards; For the Nuclear Regulatory Commission. The supplement to the GEIS will d. Any affected Indian Tribe; evaluate the environmental impacts of Robert B. Elliott, e. Any person who requests or has Chief, Environmental Review License Renewal subsequent license renewal for Point requested an opportunity to participate Beach, and reasonable alternatives Branch, Division of Rulemaking, in the scoping process; and Environment, and Financial Support, Office thereto. Possible alternatives to the f. Any person who has petitioned or of Nuclear Material Safety and Safeguards. proposed action include the no action intends to petition for leave to intervene [FR Doc. 2021–02001 Filed 1–29–21; 8:45 am] alternative and reasonable alternative under 10 CFR 2.309. energy sources. BILLING CODE 7590–01–P As part of its environmental review, IV. Public Scoping Meeting the NRC will first conduct a scoping In accordance with 10 CFR 51.26(b), NUCLEAR REGULATORY process for the plant-specific the scoping process for an EIS may COMMISSION supplement to the GEIS and, as soon as include a public scoping meeting to practicable thereafter, will prepare a help identify significant issues related [NRC–2021–0001] draft supplement to the GEIS for public to the proposed action and to determine comment. Participation in this scoping the scope of issues to be addressed in Sunshine Act Meetings process by members of the public and the EIS. local, State, Tribal, and Federal The NRC is announcing that it will TIME AND DATE: Weeks of February 1, 8, government agencies is encouraged. The hold a public scoping meeting as an 15, 22, March 1, 8, 2021. scoping process for the supplement to online webinar for the Point Beach PLACE: Commissioners’ Conference the GEIS will be used to accomplish the subsequent license renewal supplement Room, 11555 Rockville Pike, Rockville, following: to the GEIS. The webinar will include Maryland. a. Define the proposed action that is a telephone line for members of the to be the subject of the supplement to public to provide comments. A court STATUS: Public. the GEIS; reporter will transcribe all comments MATTERS TO BE CONSIDERED: b. Determine the scope of the received during the webinar. To be Week of February 1, 2021 supplement to the GEIS and identify the considered, comments must be provided significant issues to be analyzed in either at the transcribed public meeting There are no meetings scheduled for depth; or in writing, as discussed in the the week of February 1, 2021.

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7750 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

Week of February 8, 2021—Tentative Members of the public may request to Plaza SW, Washington, DC 20260–1000. receive this information electronically. Telephone: (202) 268–4800. Thursday, February 11, 2021 If you would like to be added to the Michael J. Elston, 9:00 a.m. Discussion of NRC’s distribution, please contact the Nuclear Regulatory Framework for Dry Cask Regulatory Commission, Office of the Secretary. Storage and Transportation of Spent Secretary, Washington, DC 20555, at [FR Doc. 2021–02150 Filed 1–28–21; 11:15 am] Nuclear Fuel and Related Research 301–415–1969, or by email at BILLING CODE 7710–12–P Activities (Public Meeting), [email protected]. (Contact: Damaris Marcano: 301– The NRC is holding the meetings 415–7328) under the authority of the Government SECURITIES AND EXCHANGE Additional Information: Due to in the Sunshine Act, 5 U.S.C. 552b. COMMISSION COVID–19, there will be no physical Dated: January 28, 2021. [Release No. 34–90994; File No. SR– public attendance. The public is invited For the Nuclear Regulatory Commission. NASDAQ–2020–017] to attend the Commission’s meeting live by webcast at the Web address—https:// Wesley W. Held, Self-Regulatory Organizations; The video.nrc.gov/. Policy Coordinator, Office of the Secretary. Nasdaq Stock Market LLC; Notice of [FR Doc. 2021–02175 Filed 1–28–21; 4:15 pm] Designation of a Longer Period for Week of February 15, 2021—Tentative BILLING CODE 7590–01–P Commission Action on Proceedings To Thursday, February 18, 2021 Determine Whether To Approve or Disapprove a Proposed Rule Change 10:00 a.m. Briefing on Equal To Amend Nasdaq Rule 5704 Employment Opportunity, POSTAL SERVICE Affirmative Employment, and Small January 26, 2021. Business (Public Meeting), (Contact: Board of Governors; Sunshine Act On July 23, 2020, The Nasdaq Stock Nadim Khan: 301–415–1119) Meeting Market LLC filed with the Securities Additional Information: Due to and Exchange Commission COVID–19, there will be no physical DATES AND TIMES: Monday, February 8, (‘‘Commission’’), pursuant to Section public attendance. The public is invited 2021, at 10:00 a.m.; and Tuesday, 19(b)(1) of the Securities Exchange Act to attend the Commission’s meeting live February 9, 2021, at 9:00 a.m. of 1934 (‘‘Exchange Act’’) 1 and Rule 2 by webcast at the Web address—https:// PLACE: Washington, DC, at U.S. Postal 19b–4 thereunder, a proposed rule video.nrc.gov/. Service Headquarters, 475 L’Enfant change to amend certain listing requirements relating to maintaining a Week of February 22, 2021—Tentative Plaza SW, in the Benjamin Franklin Room. minimum number of beneficial holders There are no meetings scheduled for and minimum number of shares STATUS: the week of February 22, 2021. Monday, February 8, 2021, at outstanding. The proposed rule change 10:00 a.m.—Closed; Tuesday, February was published for comment in the Week of March 1, 2021—Tentative 9, 2021, at 9:00 a.m.—Open. Federal Register on August 7, 2020.3 There are no meetings scheduled for MATTERS TO BE CONSIDERED: On September 10, 2020, pursuant to the week of March 1, 2021. 4 Monday, February 8, 2021, at 10:00 a.m. Section 19(b)(2) of the Exchange Act, Week of March 8, 2021—Tentative (Closed) the Commission designated a longer period within which to approve the There are no meetings scheduled for 1. Strategic Issues. proposed rule change, disapprove the the week of March 8, 2021. 2. Financial and Operational Matters. proposed rule change, or institute CONTACT PERSON FOR MORE INFORMATION: 3. Compensation and Personnel proceedings to determine whether to For more information or to verify the Matters. disapprove the proposed rule change.5 status of meetings, contact Wesley Held 4. Administrative Items. On November 5, 2020, the Commission at 301–287–3591 or via email at instituted proceedings under Section [email protected]. The schedule for Tuesday, February 9, 2021, at 9:00 a.m. 19(b)(2)(B) of the Exchange Act 6 to Commission meetings is subject to (Open) determine whether to approve or change on short notice. 1. Remarks of the Chairman of the disapprove the proposed rule change.7 The NRC Commission Meeting Board of Governors. The Commission has received comment Schedule can be found on the internet 2. Election of Chairman and Vice letters on the proposed rule change.8 at: https://www.nrc.gov/public-involve/ Chairman of the Board. Section 19(b)(2) of the Exchange Act 9 public-meetings/schedule.html. 3. Remarks of the Chairman and Vice provides that, after initiating The NRC provides reasonable Chairman of the Board. disapproval proceedings, the accommodation to individuals with 4. Remarks of the Postmaster General 1 disabilities where appropriate. If you and CEO. 15 U.S.C. 78s(b)(1). need a reasonable accommodation to 2 17 CFR 240.19b–4. 5. Approval of Minutes of Previous participate in these public meetings or 3 See Securities Exchange Act Release No. 89464 Meetings. need this meeting notice or the (August 4, 2020), 85 FR 48012. 6. Committee Reports. 4 15 U.S.C. 78s(b)(2). transcript or other information from the 5 See Securities Exchange Act Release No. 89823, public meetings in another format (e.g., 7. Quarterly Financial Report. 8. Quarterly Service Performance 85 FR 57895 (September 16, 2020). braille, large print), please notify Anne 6 15 U.S.C. 78s(b)(2)(B). Silk, NRC Disability Program Specialist, Report. 7 See Securities Exchange Act Release No. 90355, at 301–287–0745, by videophone at 9. Approval of Tentative Agendas for 85 FR 71977 (November 12, 2020). 240–428–3217, or by email at May Meetings. 8 Comments on the proposed rule change can be found on the Commission’s website at: https:// [email protected]. Determinations on CONTACT PERSON FOR MORE INFORMATION: www.sec.gov/comments/sr-nasdaq-2020-017/ requests for reasonable accommodation Michael J. Elston, Secretary of the srnasdaq2020017.htm. will be made on a case-by-case basis. Board, U.S. Postal Service, 475 L’Enfant 9 15 U.S.C. 78s(b)(2).

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7751

Commission shall issue an order SECURITIES AND EXCHANGE (A) Clearing Agency’s Statement of the approving or disapproving the proposed COMMISSION Purpose of, and Statutory Basis for, the rule change not later than 180 days after Proposed Rule Change, Security-Based the date of publication of notice of filing [Release No. 34–90989; File No. SR–ICC– Swap Submission, or Advance Notice of the proposed rule change. The 2021–002] (a) Purpose Commission may extend the period for issuing an order approving or Self-Regulatory Organizations; ICE The purpose of the proposed rule change is to adopt rules that will disapproving the proposed rule change Clear Credit LLC; Notice of Filing of provide the basis for ICC to clear an by not more than 60 days if the Proposed Rule Change, Security- Commission determines that a longer additional credit default swap contract. Based Swap Submission, or Advance ICC proposes to make such change period is appropriate and publishes Notice Relating to the Clearance of an reasons for such determination. The effective following Commission Additional Credit Default Swap approval of the proposed rule change. proposed rule change was published for Contract notice and comment in the Federal ICC believes the addition of this contract will benefit the market for Register on August 7, 2020. February 3, January 26, 2021. 2021 is 180 days from that date, and credit default swaps by providing April 4, 2021 is 240 days from that date. Pursuant to Section 19(b)(1) of the market participants the benefits of Securities Exchange Act of 1934,1 and clearing, including reduction in The Commission finds it appropriate Rule 19b–4,2 notice is hereby given that counterparty risk and safeguarding of to designate a longer period within on January 15, 2021, ICE Clear Credit margin assets pursuant to clearing house which to issue an order approving or LLC (‘‘ICC’’) filed with the Securities rules. Clearing of the additional EM disapproving the proposed rule change Contract will not require any changes to so that it has sufficient time to consider and Exchange Commission the proposed rule change, security-based swap ICC’s Risk Management Framework or the proposed rule change. Accordingly, other policies and procedures the Commission, pursuant to Section submission, or advance notice as 10 described in Items I, II and III below, constituting rules within the meaning of 19(b)(2) of the Exchange Act, the Securities Exchange Act of 1934 designates April 4, 2021 as the date by which Items have been prepared by ICC. The Commission is publishing this (‘‘Act’’). which the Commission shall either ICC proposes amending Subchapter notice to solicit comments on the approve or disapprove the proposed 26D of its Rules to provide for the rule change (File No. SR–NASDAQ– proposed rule change, security-based clearance of the additional EM Contract, 2020–017). swap submission, or advance notice namely Ukraine. This additional EM For the Commission, by the Division of from interested persons. Contract has terms consistent with the Trading and Markets, pursuant to delegated I. Clearing Agency’s Statement of the other EM Contracts approved for 11 authority. Terms of Substance of the Proposed clearing at ICC and governed by J. Matthew DeLesDernier, Rule Change, Security-Based Swap Subchapter 26D of the Rules. A minor Assistant Secretary. Submission, or Advance Notice revision to Subchapter 26D (Standard [FR Doc. 2021–02009 Filed 1–29–21; 8:45 am] Emerging Market Sovereign (‘‘SES’’) BILLING CODE 8011–01–P The principal purpose of the Single Name) is made to provide for proposed rule change is to revise the clearing the additional EM Contract. ICC Rulebook (the ‘‘Rules’’) to provide Specifically, in Rule 26D–102 SECURITIES AND EXCHANGE for the clearance of an additional (Definitions), ‘‘Eligible SES Reference COMMISSION Standard Emerging Market Sovereign Entities’’ is modified to include Ukraine CDS contract (the ‘‘EM Contract’’). in the list of specific Eligible SES Sunshine Act Meeting; Cancellation Reference Entities to be cleared by ICC. II. Clearing Agency’s Statement of the (b) Statutory Basis FEDERAL REGISTER CITATION OF PREVIOUS Purpose of, and Statutory Basis for, the ANNOUNCEMENT: 86 FR 6687, January 22, Proposed Rule Change, Security-Based Section 17A(b)(3)(F) of the Act 3 2021. Swap Submission, or Advance Notice requires, among other things, that the rules of a clearing agency be designed to PREVIOUSLY ANNOUNCED TIME AND DATE OF In its filing with the Commission, ICC promote the prompt and accurate THE MEETING: Wednesday, January 27, included statements concerning the clearance and settlement of securities 2021 at 2:00 p.m. purpose of and basis for the proposed transactions and, to the extent CHANGES IN THE MEETING: The Closed rule change, security-based swap applicable, derivative agreements, Meeting scheduled for Wednesday, submission, or advance notice and contracts, and transactions; to assure the January 27, 2021 at 2:00 p.m., has been discussed any comments it received on safeguarding of securities and funds cancelled. the proposed rule change, security- which are in the custody or control of CONTACT PERSON FOR MORE INFORMATION: based swap submission, or advance ICC or for which it is responsible; and For further information; please contact notice. The text of these statements may to comply with the provisions of the Act Vanessa A. Countryman from the Office be examined at the places specified in and the rules and regulations of the Secretary at (202) 551–5400. Item IV below. ICC has prepared thereunder. The additional EM Contract proposed for clearing is similar to the Dated: January 27, 2021. summaries, set forth in sections (A), (B), and (C) below, of the most significant EM Contracts currently cleared by ICC, Vanessa A. Countryman, and will be cleared pursuant to ICC’s aspects of these statements. Secretary. existing clearing arrangements and [FR Doc. 2021–02131 Filed 1–28–21; 11:15 am] related financial safeguards, protections BILLING CODE 8011–01–P and risk management procedures. Clearing of the additional EM Contract 10 Id. 1 15 U.S.C. 78s(b)(1). 11 17 CFR 200.30–3(a)(31). 2 17 CFR 240.19b–4. 3 15 U.S.C. 78q–1(b)(3)(F).

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7752 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

will allow market participants an will, together with the required initial risks associated with physical increased ability to manage risk and margin, provide sufficient financial deliveries. ensure the safeguarding of margin assets resources to support the clearing of the Rule 17Ad–22(e)(2)(i) and (v) 14 pursuant to clearing house rules. ICC additional EM Contract, consistent with requires each covered clearing agency to believes that acceptance of the new EM the requirements of Rule 17Ad– establish, implement, maintain, and Contract, on the terms and conditions 22(e)(4)(ii).9 enforce written policies and procedures set out in the Rules, is consistent with reasonably designed to provide for Rule 17Ad–22(e)(17) 10 requires, in the prompt and accurate clearance and governance arrangements that are clear relevant part, each covered clearing settlement of securities transactions and and transparent and specify clear and agency to establish, implement, derivative agreements, contracts and direct lines of responsibility. ICC transactions cleared by ICC, the maintain, and enforce written policies determined to accept the additional EM safeguarding of securities and funds in and procedures reasonably designed to Contract for clearing in accordance with the custody or control of ICC or for manage its operational risks by (i) its governance process, which included which it is responsible, and the identifying the plausible sources of review of the contract and related risk protection of investors and the public operational risk, both internal and management considerations by the ICC interest, within the meaning of Section external, and mitigating their impact Risk Committee and approval by its 17A(b)(3)(F) of the Act.4 through the use of appropriate systems, Board. These governance arrangements Clearing of the additional EM policies, procedures, and controls; and continue to be clear and transparent, Contract will also satisfy the relevant (ii) ensuring that systems have a high such that information relating to the requirements of Rule 17Ad–22,5 as set degree of security, resiliency, assignment of responsibilities and the forth in the following discussion. operational reliability, and adequate, requisite involvement of the ICC Board Rule 17Ad–22(e)(6)(i) 6 requires each scalable capacity. ICC believes that its and committees is clearly detailed in the covered clearing agency to establish, existing operational and managerial ICC Rules and policies and procedures, implement, maintain, and enforce resources will be sufficient for clearing consistent with the requirements of Rule written policies and procedures of the additional EM Contract, 17Ad–22(e)(2)(i) and (v).15 reasonably designed to cover its credit consistent with the requirements of Rule Rule 17Ad–22(e)(13) 16 requires each exposures to its participants by 17Ad–22(e)(17),11 as the new contract is covered clearing agency to establish, establishing a risk-based margin system substantially the same from an implement, maintain, and enforce that, at a minimum, considers, and operational perspective as existing written policies and procedures produces margin levels commensurate contracts. reasonably designed to ensure it has the with, the risks and particular attributes Rule 17Ad–22(e)(8), (9) and (10) 12 authority and operational capacity to of each relevant product, portfolio, and take timely action to contain losses and requires each covered clearing agency to market. In terms of financial resources, liquidity demands and continue to meet establish, implement, maintain, and ICC will apply its existing margin its obligations by, at a minimum, enforce written policies and procedures methodology to the new EM Contract, requiring its participants and, when reasonably designed to define the point which is similar to the EM Contracts practicable, other stakeholders to at which settlement is final to be no currently cleared by ICC. ICC believes participate in the testing and review of later than the end of the day on which that this model will provide sufficient its default procedures, including any payment or obligation is due and, where margin requirements to cover its credit close-out procedures, at least annually necessary or appropriate, intraday or in exposure to its clearing members from and following material changes thereto. real time; conduct its money settlements clearing such contract, consistent with ICC will apply its existing default in central bank money, where available the requirements of Rule 17Ad– management policies and procedures for and determined to be practical by the 22(e)(6)(i).7 the additional EM Contract. ICC believes Rule 17Ad–22(e)(4)(ii) 8 requires each Board, and minimize and manage credit that these procedures allow for it to take covered clearing agency to establish, and liquidity risk arising from timely action to contain losses and implement, maintain, and enforce conducting its money settlements in liquidity demands and to continue written policies and procedures commercial bank money if central bank meeting its obligations in the event of reasonably designed to effectively money is not used; and establish and clearing member insolvencies or identify, measure, monitor, and manage maintain transparent written standards defaults in respect of the additional its credit exposures to participants and that state its obligations with respect to single name, in accordance with Rule those arising from its payment, clearing, the delivery of physical instruments, 17Ad–22(e)(13).17 and settlement processes, including by and establish and maintain operational maintaining additional financial practices that identify, monitor, and (B) Clearing Agency’s Statement on resources at the minimum to enable it manage the risks associated with such Burden on Competition to cover a wide range of foreseeable physical deliveries. ICC will use its The additional EM Contract will be stress scenarios that include, but are not existing rules, settlement procedures available to all ICC participants for limited to, the default of the two and account structures for the new EM clearing. The clearing of the additional participant families that would Contract, which is similar to the EM EM Contract by ICC does not preclude potentially cause the largest aggregate Contracts currently cleared by ICC, the offering of the additional EM credit exposure for the covered clearing consistent with the requirements of Rule Contract for clearing by other market agency in extreme but plausible market 17Ad–22(e)(8), (9) and (10) 13 as to the participants. Accordingly, ICC does not conditions. ICC believes its Guaranty finality and accuracy of its daily believe that clearance of the additional Fund, under its existing methodology, settlement process and addressing the EM Contract will impose any burden on competition not necessary or 4 Id. 9 Id. 5 17 CFR 240.17Ad–22. 10 17 CFR 240.17Ad–22(e)(17)(i) and (ii). 14 17 CFR 240.17Ad–22(e)(2)(i) and (v). 6 17 CFR 240.17Ad–22(e)(6)(i). 11 Id. 15 Id. 7 Id. 12 17 CFR 240.17Ad–22(e)(8), (9) and (10). 16 17 CFR 240.17Ad–22(e)(13). 8 17 CFR 240.17Ad–22(e)(4)(ii). 13 Id. 17 Id.

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7753

appropriate in furtherance of the amendments, all written statements Act’’) 1 and Rule 19b–4 thereunder,2 a purposes of the Act. with respect to the proposed rule proposed rule change to introduce change, security-based swap periodic auctions in U.S. equity (C) Clearing Agency’s Statement on submission, or advance notice that are securities. The proposed rule change Comments on the Proposed Rule filed with the Commission, and all was published for comment in the Change, Security-Based Swap written communications relating to the Federal Register on August 4, 2020.3 Submission, or Advance Notice proposed rule change, security-based On September 10, 2020, pursuant to Received From Members, Participants or swap submission, or advance notice Section 19(b)(2) of the Exchange Act,4 Others between the Commission and any the Commission designated a longer Written comments relating to the person, other than those that may be period within which to approve the proposed rule change have not been withheld from the public in accordance proposed rule change, disapprove the solicited or received. ICC will notify the with the provisions of 5 U.S.C. 552, will proposed rule change, or institute Commission of any written comments be available for website viewing and proceedings to determine whether to received by ICC. printing in the Commission’s Public disapprove the proposed rule change.5 III. Date of Effectiveness of the Reference Room, 100 F Street NE, On October 27, 2020, the Exchange filed Proposed Rule Change, Security-Based Washington, DC 20549, on official Amendment No. 1 to the proposed rule Swap Submission, or Advance Notice business days between the hours of change, and on October 28, 2020 the and Timing for Commission Action 10:00 a.m. and 3:00 p.m. Copies of such Exchange filed Amendment No. 2 to the filings will also be available for proposed rule change, which replaced Within 45 days of the date of inspection and copying at the principal in its entirety the proposed rule change publication of this notice in the Federal office of ICE Clear Credit and on ICE as modified by Amendment No. 1.6 On Register or within such longer period Clear Credit’s website at https:// October 30, 2020, the Commission up to 90 days (i) as the Commission may www.theice.com/clear-credit/regulation. noticed the filing of Amendment No. 2 designate if it finds such longer period All comments received will be posted and instituted proceedings under to be appropriate and publishes its without change. Persons submitting Section 19(b)(2)(B) of the Exchange Act 7 reasons for so finding or (ii) as to which comments are cautioned that we do not to determine whether to approve or the self-regulatory organization redact or edit personal identifying disapprove the proposed rule change.8 consents, the Commission will: information from comment submissions. The Commission has received comment (A) By order approve or disapprove You should submit only information letters on the proposed rule change.9 such proposed rule change, or that you wish to make available Section 19(b)(2) of the Exchange (B) institute proceedings to determine publicly. All submissions should refer Act 10 provides that, after initiating whether the proposed rule change to File Number SR–ICC–2021–002 and disapproval proceedings, the should be disapproved. should be submitted on or before Commission shall issue an order IV. Solicitation of Comments February 22, 2021. approving or disapproving the proposed Interested persons are invited to For the Commission, by the Division of rule change not later than 180 days after submit written data, views, and Trading and Markets, pursuant to delegated the date of publication of notice of filing arguments concerning the foregoing, authority.18 of the proposed rule change. The including whether the proposed rule J. Matthew DeLesDernier, Commission may extend the period for change, security-based swap Assistant Secretary. issuing an order approving or disapproving the proposed rule change submission, or advance notice is [FR Doc. 2021–02004 Filed 1–29–21; 8:45 am] by not more than 60 days if the consistent with the Act. Comments may BILLING CODE 8011–01–P be submitted by any of the following Commission determines that a longer methods: period is appropriate and publishes SECURITIES AND EXCHANGE reasons for such determination. The Electronic Comments COMMISSION proposed rule change was published for • Use the Commission’s internet notice and comment in the Federal Register on August 4, 2020. January 31, comment form (http://www.sec.gov/ [Release No. 34–90993; File No. SR– rules/sro.shtml); or CboeBYX–2020–021] • Send an email to rule-comments@ 1 15 U.S.C. 78s(b)(1). 2 sec.gov. Please include File Number SR– 17 CFR 240.19b–4. Self-Regulatory Organizations; Cboe 3 See Securities Exchange Act Release No. 89424 ICC–2021–002 on the subject line. BYX Exchange, Inc.; Notice of (July 29, 2020), 85 FR 47262. Paper Comments Designation of a Longer Period for 4 15 U.S.C. 78s(b)(2). Commission Action on Proceedings To 5 See Securities Exchange Act Release No. 89820, Send paper comments in triplicate to Determine Whether To Approve or 85 FR 57891 (September 16, 2020). The Secretary, Securities and Exchange Disapprove a Proposed Rule Change, Commission designated November 2, 2020 as the Commission, 100 F Street NE, date by which the Commission shall approve or as Modified by Amendment No. 2, To disapprove, or institute proceedings to determine Washington, DC 20549. Introduce Periodic Auctions for the whether to disapprove, the proposed rule change. All submissions should refer to File Trading of U.S. Equity Securities 6 Comments on the proposal, including Number SR–ICC–2021–002. This file Amendments No. 1 and No. 2, can be found on the January 26, 2021. Commission’s website at: https://www.sec.gov/ number should be included on the comments/sr-cboebyx-2020-021/ subject line if email is used. To help the On July 17, 2020, Cboe BYX srcboebyx2020021.htm. Commission process and review your Exchange, Inc. (‘‘Exchange’’ or ‘‘BYX’’) 7 15 U.S.C. 78s(b)(2)(B). comments more efficiently, please use filed with the Securities and Exchange 8 See Securities Exchange Act Release No. 90288, only one method. The Commission will Commission (‘‘Commission’’), pursuant 85 FR 70678 (November 5, 2020). post all comments on the Commission’s to Section 19(b)(1) of the Securities 9 Comments on the proposed rule change can be found on the Commission’s website at: https:// internet website (http://www.sec.gov/ Exchange Act of 1934 (‘‘Exchange www.sec.gov/comments/sr-cboebyx-2020-021/ rules/sro.shtml). Copies of the srcboebyx2020021.htm. submission, all subsequent 18 17 CFR 200.30–3(a)(12). 10 15 U.S.C. 78s(b)(2).

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7754 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

2021 is 180 days from that date, and to implement the fee changes effective list multiple ETPs. The proposed change April 1, 2021 is 240 days from that date. January 12, 2021.4 The proposed rule is designed to offer annual listing fees The Commission finds it appropriate change is available on the Exchange’s for ETPs that have a maturity date and to designate a longer period within website at www.nyse.com, at the ETPs that provide an expected return which to issue an order approving or principal office of the Exchange, and at over a specific outcome period based on disapproving the proposed rule change the Commission’s Public Reference the annual fees for ETPs that track an so that it has sufficient time to consider Room. index. the proposed rule change. Accordingly, The Exchange proposes to implement the Commission, pursuant to Section II. Self-Regulatory Organization’s the fee changes effective January 12, 19(b)(2) of the Exchange Act,11 Statement of the Purpose of, and 2021. designates April 1, 2021 as the date by Statutory Basis for, the Proposed Rule Proposed Rule Change which the Commission shall either Change approve or disapprove the proposed In its filing with the Commission, the Annual fees are assessed each January rule change (File No. SR–CboeBYX– self-regulatory organization included in the first full calendar year following 2020–021). statements concerning the purpose of, the year of listing. The aggregate total For the Commission, by the Division and basis for, the proposed rule change shares outstanding is calculated based of Trading and Markets, pursuant to and discussed any comments it received on the total shares outstanding as delegated authority.12 on the proposed rule change. The text reported by the Fund issuer or Fund ‘‘family’’ in its most recent periodic J. Matthew DeLesDernier, of those statements may be examined at the places specified in Item IV below. filing with the Commission or other Assistant Secretary. The Exchange has prepared summaries, publicly available information. Annual [FR Doc. 2021–02006 Filed 1–29–21; 8:45 am] set forth in sections A, B, and C below, fees apply regardless of whether any of BILLING CODE 8011–01–P of the most significant parts of such these Funds are listed elsewhere. statements. The Exchange proposes to offer annual listing fees for two types of SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s ETPs: (1) ETPs that have a specific COMMISSION Statement of the Purpose of, and the maturity date, such as a fixed income [Release No. 34–90988; File No. SR– Statutory Basis for, the Proposed Rule ETP that primarily holds a diversified NYSEArca–2021–04] Change portfolio of fixed income bonds that 1. Purpose provides regular interest payments and Self-Regulatory Organizations; NYSE distributes a final payout in its stated Arca, Inc.; Notice of Filing and The Exchange proposes to amend its maturity year; and (2) ETPs that provide Immediate Effectiveness of Proposed Schedule of Fees and Charges to an expected return over a specific Rule Change To Amend Its Schedule of establish annual fees for Exchange outcome period, which are designed to 5 Fees and Charges To Establish Annual Traded Products (‘‘ETPs’’) that have a provide a particular set of returns over Fees for Exchange Traded Products maturity date and ETPs that are based a specific period based on the on an expected return over a specific performance of an underlying January 26, 2021. outcome period. As proposed, these 1 instrument during the ETP’s outcome Pursuant to Section 19(b)(1) of the types of ETPs would be eligible for the period. Such ETPs include a buffer Securities Exchange Act of 1934 (the current annual fees for products that 2 3 strategy that seeks to provide ‘‘Act’’) and Rule 19b–4 thereunder, track an index. investment returns that match the gains notice is hereby given that, on January The proposed change responds to the of a particular index(s) up to a 12, 2021, NYSE Arca, Inc. (‘‘NYSE current extremely competitive maximum annual return, or cap level, Arca’’ or the ‘‘Exchange’’) filed with the environment for ETPs listings in which while guarding against declines in the Securities and Exchange Commission issuers can readily favor competing same underlying index(s), a buffer level, (the ‘‘Commission’’) the proposed rule venues or transfer their listings if they over a particular time period. Currently, change as described in Items I, II, and deem fee levels at a particular venue to both types of ETPs are eligible for the III below, which Items have been be excessive, or discount opportunities annual fees set forth in section 6.b. of prepared by the self-regulatory available at other venues to be more the Schedule of Fees and Charges, organization. The Commission is favorable. The Exchange’s current which are applicable to Managed Fund publishing this notice to solicit annual fees for ETPs is based on the Shares, Managed Trust Securities, comments on the proposed rule change number of shares outstanding per issuer Active Proxy Portfolio Shares, Managed from interested persons. and provide incentives for issuers to list Portfolio Shares and Exchange-Traded I. Self-Regulatory Organization’s multiple series of certain securities on Fund Shares listed under Rule 5.2– Statement of the Terms of Substance of the Exchange. In response to the E(j)(8) that do not track an index. the Proposed Rule Change competitive environment for listings, Generally, the products eligible for fees the Exchange adopted a competitive under section 6.b. of the Schedule of The Exchange proposes to amend its pricing structure that combines higher Schedule of Fees and Charges to Fees and Charges entail more active minimum annual fees for certain issuer management and therefore incur establish annual fees for Exchange securities with discounts for issuers that Traded Products that have a maturity higher Exchange costs, including costs related to issuer services, listing date and for products that are based on 4 The Exchange originally filed to amend the administration, product development an expected return over a specific Schedule of Fees and Charges on December 23, outcome period. The Exchange proposes 2020 (SR–NYSEArca–2020–117). SR–NYSEArca– and regulatory oversight. 2020–117 was withdrawn and replaced by SR– The Exchange proposes that ETPs that NYSEArca–2020–118. SR–NYSEArca–2020–117 11 Id. have a maturity date and ETPs that was subsequently withdrawn and replaced by this provide an expected return over a 12 17 CFR 200.30–3(a)(31). filing. 1 15 U.S.C. 78s(b)(1). 5 ‘‘Exchange Traded Products’’ is defined in specific outcome period would be 2 15 U.S.C. 78a. footnote 3 of the current Schedule of Fees and eligible for the lower fees set forth in 3 17 CFR 240.19b–4. Charges. section 6.a. of the Schedule of Fees and

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7755

Charges for products that track an index, 6(b)(4) and (5) of the Act,7 in particular, ETPs that track an index would be as follows: because it provides for the equitable reasonable because those relatively allocation of reasonable dues, fees, and lower annual fees better correlate with Number of shares other charges among its members, the generally lesser Exchange costs outstanding Annual fee issuers and other persons using its associated with listing and trading ETPs (each issue) facilities and does not unfairly that track an index, including costs Less than 25 million ...... $7,500 discriminate between customers, related to issuer services, listing 25 million up to 49,999,999 .. 10,000 issuers, brokers or dealers. administration and product development. Given the current 50 million up to 99,999,999 .. 15,000 The Proposed Change Is Reasonable 100 million up to competitive environment, the Exchange 249,999,999 ...... 20,000 As discussed above, the Exchange believes that the proposed change is a 250 million up to operates in a highly competitive market reasonable attempt to establish listing 499,999,999 ...... 25,000 for the listing of ETPs. Specifically, ETP fees for products that, like products that 500 million and over ...... 30,000 issuers can readily favor competing track an index, require a decreased venues or transfer listings if they deem expenditure of Exchange resources to An ETP designed to provide a fee levels at a particular venue to be support listing and administration, particular set of returns over a specific excessive, or discount opportunities thereby enhancing competition among outcome period utilizing a buffer available at other venues to be more issuers and listing venues. The strategy as described above is designed favorable. The Exchange’s current Exchange also believes that lower to provide investment returns that annual fees for ETPs are based on the annual fees may reduce the barriers to match the gains of a particular index(s) number of shares outstanding per issuer entry and incentivize enhanced up to a maximum cap level while and provide incentives for issuers to list competition among issuers of ETPs that guarding against declines in the same multiple series of certain securities on have a maturity date and ETPs that underlying index(s) below a certain the Exchange. The Commission has provide an expected return over a buffer level over a specified time period, repeatedly expressed its preference for specific outcome period. The proposed which is very similar to how a fund competition over regulatory rule change reflects a competitive based on an index operates. Moreover, intervention in determining prices, pricing structure designed to incentivize an ETP with a maturity date designed to products, and services in the securities issuers to list new products and transfer end on a specific date would not require markets. Specifically, in Regulation existing products to the Exchange, the same open-ended commitment of NMS, the Commission highlighted the which the Exchange believes will Exchange resources as the more importance of market forces in enhance competition both among ETP traditional types of actively managed determining prices and SRO revenues issuers and listing venues, to the benefit products eligible for fees under section and, also, recognized that current of investors. 6.b. of the Schedule of Fees and Charges regulation of the market system ‘‘has been remarkably successful in The Proposal Is An Equitable Allocation that do not have a specified end date. of Fees Accordingly, the Exchange believes that promoting market competition in its the proposed lower fees are appropriate broader forms that are most important to The Exchange believes the proposal because ETPS that have a maturity date investors and listed companies.’’ 8 equitably allocates its fees among its and that provide an expected return The Exchange believes that the market participants. In the prevailing over a specific outcome period, like ongoing competition among the competitive environment, issuers can products that track an index, generally exchanges with respect to new listings readily favor competing venues or require the expenditure of less Exchange and the transfer of existing listings transfer listings if they deem fee levels resources to support listing and among competitor exchanges at a particular venue to be excessive, or administration. Charging lower fees for demonstrates that issuers can choose discount opportunities available at other such products would thus more closely different listing markets in response to venues to be more favorable. The correlate the listing fee applicable to the fee changes. Accordingly, competitive proposed fees for ETPs that have a issuer of ETPs to the costs associated forces constrain exchange listing fees. maturity date and ETPs that provide an with listing and trading such products, Stated otherwise, changes to exchange expected return over a specific outcome including costs related to issuer listing fees can have a direct effect on period are equitable because the services, listing administration, product the ability of an exchange to compete for proposed annual fees would apply development and regulatory oversight. new listings and retain existing listings. uniformly to all issuers. Moreover, the Structured products would continue to Annual fees for ETPs are based on the proposed fees would be equitably be charged annual fees under section 7 number of shares outstanding per issuer, allocated among issuers because issuers of the Schedule of Fees and Charges. and then are further differentiated based would continue to qualify for the annual on whether the ETP is index based or listing fee based on issuing ETPs that The proposed change described above not, with lower annual fees for ETPs have a maturity date and that provide an is not otherwise intended to address that are based on an index. As discussed expected return over a specific outcome other issues, and the Exchange is not above, the Exchange believes that it is period and for the annual fee based on aware of any significant problems that reasonable to charge annual fees for the number of shares outstanding and market participants would have in ETPs that have a maturity date and ETPs under criteria applied uniformly to all complying with the proposed changes. that provide an expected return over a such issuers. For the same reasons, the 2. Statutory Basis specific outcome period based on that proposal neither targets nor will it have same differentiation. The Exchange a disparate impact on any particular The Exchange believes that the believes that, given the characteristics of category of market participant. proposed rule change is consistent with such ETPs, charging the same, lower 6 The Proposal Is Not Unfairly Section 6(b) of the Act, in general, and fees as the Exchange currently charges furthers the objectives of Sections Discriminatory 7 15 U.S.C. 78f(b)(4) & (5). The Exchange believes that the 6 15 U.S.C. 78f(b). 8 See Regulation NMS, 70 FR at 37499. proposal is not unfairly discriminatory.

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7756 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

In the prevailing competitive competitive. Issuers have the option to III. Date of Effectiveness of the environment, issuers are free to list list their securities on these alternative Proposed Rule Change and Timing for elsewhere if they believe that alternative venues based on the fees charged and Commission Action venues offer them better value. The the value provided by each listing The foregoing rule change is effective Exchange believes it is not unfairly exchange. Because issuers have a choice upon filing pursuant to Section discriminatory to offer the lower annual to list their securities on a different 19(b)(3)(A) 10 of the Act and fees for products tracking an index to national securities exchange, the subparagraph (f)(2) of Rule 19b–4 11 ETPs that have a maturity date and that Exchange does not believe that the thereunder, because it establishes a due, provide an expected return over a proposed change imposes a burden on fee, or other charge imposed by the specific outcome period because the competition. Exchange. proposed fees would apply to and Intramarket Competition. The At any time within 60 days of the potentially benefit all issuers equally. proposed change is a competitive filing of such proposed rule change, the Further, the Exchange believes it is not pricing structure designed to encourage Commission summarily may unfairly discriminatory to apply the temporarily suspend such rule change if same fees applicable to ETPs that track issuers to list and transfer ETPs that have a maturity date and ETPs that it appears to the Commission that such an index to ETPs that have a maturity action is necessary or appropriate in the date and that provide an expected provide an expected return over a specific outcome period on the public interest, for the protection of return over a specific outcome period investors, or otherwise in furtherance of because the proposed fees would be Exchange. The Exchange believes the proposal will enhance competition the purposes of the Act. If the offered on an equal basis to all issuers Commission takes such action, the listing such products on the Exchange. among ETP issuers, to the benefit of investors. The Exchange does not Commission shall institute proceedings Moreover, the proposed annual fees under Section 19(b)(2)(B) 12 of the Act to believe the proposed change would would apply to issuers in the same determine whether the proposed rule burden intramarket competition as it manner as the current annual fees for change should be approved or would apply to and potentially benefit ETPs that track an index. disapproved. Finally, the Exchange believes that it all issuers equally and uniformly and, as is subject to significant competitive such, the proposed change would not IV. Solicitation of Comments forces, as described below in the impose a disparate burden on Interested persons are invited to Exchange’s statement regarding the competition among market participants submit written data, views, and burden on competition. on the Exchange. arguments concerning the foregoing, For the foregoing reasons, the Intermarket Competition. The including whether the proposed rule Exchange believes that the proposal is Exchange operates in a highly change is consistent with the Act. consistent with the Act. competitive listings market in which Comments may be submitted by any of B. Self-Regulatory Organization’s issuers can readily choose alternative the following methods: Statement on Burden on Competition listing venues. In such an environment, Electronic Comments the Exchange must adjust its fees and In accordance with Section 6(b)(8) of • discounts to remain competitive with Use the Commission’s internet the Act,9 the Exchange believes that the comment form (http://www.sec.gov/ proposed rule change would not impose other exchanges competing for the same listings. The Exchange believes that rules/sro.shtml); or any burden on competition that is not • Send an email to rule-comments@ necessary or appropriate in furtherance such proposal will directly enhance competition among ETP listing venues sec.gov. Please include File Number SR– of the purposes of the Act. Instead, as NYSEArca–2021–04 on the subject line. discussed above, the Exchange believes by reducing the costs associated with that the proposed change would listing on the Exchange for ETPs that Paper Comments encourage competition by offering lower have a maturity date and that provide an • Send paper comments in triplicate annual fees for ETPs that have a expected return over a specific outcome to Secretary, Securities and Exchange maturity date and that provide an period, to the benefit of investors. As Commission, 100 F Street NE, expected return over a specific outcome such, the proposal is a competitive Washington, DC 20549–1090. proposal designed to enhance pricing period, thereby incentivizing issuers to All submissions should refer to File list such products on the Exchange, competition among listing venues and implement pricing for listings that better Number SR–NYSEArca–2021–04. This thereby enhancing competition among file number should be included on the issuers and listing venues, to the benefit reflects the revenue and expenses associated with listing these types of subject line if email is used. To help the of investors. The Exchange believes that Commission process and review your lower annual fees may reduce the ETPs on the Exchange. Because competitors are free to modify their own comments more efficiently, please use barriers to entry and incentivize only one method. The Commission will enhanced competition among issuers of fees and discounts in response, and because issuers may readily adjust their post all comments on the Commission’s ETPs that have a maturity date and that internet website (http://www.sec.gov/ provide an expected return over a listing decisions and practices, the Exchange does not believe its proposed rules/sro.shtml). Copies of the specific outcome period. The proposed submission, all subsequent rule changes reflect a competitive change can impose any burden on intermarket competition. amendments, all written statements pricing structure designed to incentivize with respect to the proposed rule issuers to list and transfer new products C. Self-Regulatory Organization’s change that are filed with the on the Exchange, which the Exchange Statement on Comments on the Commission, and all written believes will enhance competition both Proposed Rule Change Received From communications relating to the among ETP issuers and listing venues, Members, Participants, or Others proposed rule change between the to the benefit of investors. As noted, the market for listing services is extremely No written comments were solicited 10 15 U.S.C. 78s(b)(3)(A). or received with respect to the proposed 11 17 CFR 240.19b–4(f)(2). 9 15 U.S.C. 78f(b)(8). rule change. 12 15 U.S.C. 78s(b)(2)(B).

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7757

Commission and any person, other than $2,500. On October 21, 2020, the The Exchange states in its proposal those that may be withheld from the Exchange filed Amendment No. 1 to the that it imposed the Required Minimum public in accordance with the proposed rule change, which amended Amount to help ensure that at least 50% provisions of 5 U.S.C. 552, will be and replaced the proposed rule change of the required minimum number of available for website viewing and in its entirety. The proposed rule shareholders hold a meaningful value of printing in the Commission’s Public change, as modified by Amendment No. unrestricted securities and that a Reference Room, 100 F Street NE, 1, was published for comment in the company has sufficient investor interest Washington, DC 20549 on official Federal Register on October 28, 2020.3 to support an exchange listing.7 The business days between the hours of On December 11, 2020, pursuant to Exchange asserts that, prior to adopting 10:00 a.m. and 3:00 p.m. Copies of the Section 19(b)(2) of the Act,4 the the Required Minimum Amount, it had filing also will be available for Commission designated a longer period noticed problems with companies inspection and copying at the principal within which to approve or disapprove, listing where a large number of round office of the Exchange. All comments or institute proceedings to determine lot holders held exactly 100 shares, received will be posted without change. whether to disapprove, the proposed which would be worth only $400 in the Persons submitting comments are rule change, as modified by Amendment case of a stock that is trading at the cautioned that we do not redact or edit No. 1.5 This order approves the minimum bid price of $4 per share, or personal identifying information from proposed rule change, as modified by as little as $200 in the case of a stock comment submissions. You should Amendment No. 1. listing under alternative price criteria.8 submit only information that you wish The Exchange further states that such II. Description of the Proposed Rule to make available publicly. All holders held shares in the company Change, as Modified by Amendment submissions should refer to File prior to its IPO and that such amount No. 1 Number SR–NYSEArca–2021–04 and was not a representation of genuine should be submitted on or before The Exchange has proposed to investor interest in the company February 22, 2021. exclude companies listed pursuant to sufficient to support an exchange Nasdaq Rule IM–5101–2 whose business 9 For the Commission, by the Division of listing. In proposing to adopt the Trading and Markets, pursuant to delegated plan is to engage in a merger or standard, the Exchange stated that it authority.13 acquisition with one or more believed the Required Minimum J. Matthew DeLesDernier, unidentified companies within a Amount was a more appropriate specified period of time (‘‘SPACs’’), Assistant Secretary. representation of genuine investor prior to the completion of any such [FR Doc. 2021–02003 Filed 1–29–21; 8:45 am] interest in the company and would merger or acquisition, from the make it more difficult to circumvent the BILLING CODE 8011–01–P requirement that at least 50% of the round lot holder requirement through company’s required minimum number share transfers for no value.10 SECURITIES AND EXCHANGE of round lot holders must each hold The Exchange states that it does not COMMISSION unrestricted securities with a market believe the Required Minimum Amount value of at least $2,500 at the time of is as relevant to the listing of SPACs.11 [Release No. 34–90995; File No. SR– initial listing (‘‘Required Minimum NASDAQ–2020–069] Amount’’).6 Nasdaq Global Select Market; 400 holders for the Nasdaq Global Market; and 300 holders for the Self-Regulatory Organizations; The 3 See Securities Exchange Act Release No. 90245 Nasdaq Capital Market. See Nasdaq Rules Nasdaq Stock Market LLC; Order (October 22, 2020), 85 FR 68400 (‘‘Notice’’). 5315(f)(1)(C), 5405(a)(3), and 5505(a)(3). Nasdaq defines ‘‘market value’’ as the consolidated closing Approving a Proposed Rule Change, 4 15 U.S.C. 78s(b)(2). bid price multiplied by the measure to be valued. 5 as Modified by Amendment No. 1, To See Securities Exchange Act Release No. 90644, See Nasdaq Rule 5005(a)(23). 85 FR 82005 (December 17, 2020). The Commission Exclude Special Purpose Acquisition 7 See Notice, supra note 3, at 68401; Securities designated January 26, 2021, as the date by which Exchange Act Release No. 86314 (July 5, 2019), 84 Companies From the Requirement the Commission shall either approve or disapprove, FR 33102, 33107 (July 11, 2019) (order approving That at Least 50% of a Company’s or institute proceedings to determine whether to SR–NASDAQ–2019–009) (‘‘Required Minimum disapprove, the proposed rule change, as modified Round Lot Holders Each Hold Amount Approval Order’’). In the Required by Amendment No. 1. Unrestricted Securities With a Market Minimum Amount Approval Order, the 6 Value of at Least $2,500 Nasdaq defines ‘‘round lot holder’’ as a holder Commission also approved Nasdaq’s proposal to of a normal unit of trading of unrestricted exclude restricted securities (see supra note 6) from securities. The number of beneficial holders will be January 26, 2021. the calculation of publicly held shares, market considered in addition to holders of record. See value of publicly held shares, and round lot holders I. Introduction Nasdaq Rule 5005(a)(40). Nasdaq defines ‘‘normal for initial listing purposes. According to Nasdaq, unit of trading’’ to mean 100 shares of a security these changes were designed to help ensure On October 8, 2020, The Nasdaq unless, with respect to a particular security, Nasdaq adequate distribution, shareholder interest, and a Stock Market LLC (‘‘Nasdaq’’ or determines that a normal unit of trading shall liquid trading market for a security. See Notice, constitute other than 100 shares. See Nasdaq Rule ‘‘Exchange’’) filed with the Securities supra note 3, at 68401; Required Minimum Amount 5005(a)(39). Nasdaq defines ‘‘unrestricted Approval Order, supra, at 33103, 33108–09. and Exchange Commission securities’’ to mean securities that are not restricted 8 See Notice, supra note 3, at 68401. See also securities. See Nasdaq Rule 5005(a)(46). Nasdaq (‘‘Commission’’), pursuant to Section Required Minimum Amount Approval Order, supra defines ‘‘restricted securities’’ to mean securities 19(b)(1) of the Securities Exchange Act note 7, at 33109. that are subject to resale restrictions for any reason, 1 9 of 1934 (‘‘Act’’) and Rule 19b–4 including, but not limited to, securities: (1) See Notice, supra note 3, at 68401–02. thereunder,2 a proposed rule change to Acquired directly or indirectly from the issuer or 10 See id. at 68401; Required Minimum Amount exclude special purpose acquisition an affiliate of the issuer in unregistered offerings Approval Order, supra note 7, at 33109. such as private placements or Regulation D 11 See Notice, supra note 3, at 68401. Nasdaq Rule companies from the requirement that at offerings; (2) acquired through an employee stock IM–5101–2 sets forth requirements applicable to least 50% of a company’s round lot benefit plan or as compensation for professional SPACs and requires, among other things, that at holders each hold unrestricted services; (3) acquired in reliance on Regulation S, least 90% of the gross proceeds raised in the IPO securities with a market value of at least which cannot be resold within the United States; (4) and any concurrent sale by the SPAC of equity subject to a lockup agreement or a similar securities must be deposited in a trust account. See contractual restriction; or (5) considered ‘‘restricted Nasdaq Rule IM–5101–2(a). Until a SPAC has 13 17 CFR 200.30–3(a)(12). securities’’ under Rule 144. See Nasdaq Rule completed business combinations meeting the 1 15 U.S.C. 78s(b)(1). 5005(a)(37). The number of required minimum requirements of IM–5101–2(b), each shareholder 2 17 CFR 240.19b–4. number of round lot holders is 450 holders for the Continued

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7758 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

In contrast to its observations regarding listing rules, which, among other things, investing public.24 Among other things, operating companies,12 the Exchange provide shareholders the right to the Commission has stated that listing states that typically the only investors redeem or convert their shares for a pro standards provide the means for an holding shares in a SPAC prior to an rata share of the trust account in exchange to screen issuers that seek to IPO are its founders and that all other conjunction with the business become listed, and to provide listed round lot holders generally represent combination.18 Moreover, following a status only to those that are bona fide new investors in the SPAC’s IPO.13 The business combination, in order to companies that have or will have Exchange therefore does not believe that remain listed, the combined company sufficient public float, investor base, SPACs present a similar risk as must meet Nasdaq’s initial listing and trading interest likely to generate operating companies of circumventing requirements, which include the depth and liquidity sufficient to the round lot holder requirement Required Minimum Amount, at the time promote fair and orderly markets.25 through share transfers for no value and of the IPO.19 The Exchange states in its Meaningful listing standards are also represents that it has not observed this proposal that it believes that, although important given investor expectations problem with SPACs.14 Further, the SPACs will be excluded from the regarding the nature of securities that Exchange states that shareholders of Required Minimum Amount at the time have achieved an exchange listing, and SPACs are afforded the opportunity to of initial listing, requiring SPACs to the role of an exchange in overseeing its redeem or tender their shares for a pro satisfy Nasdaq’s other initial listing market and assuring compliance with its rata portion of the value of the IPO standards 20 would continue to help listing standards.26 proceeds maintained in a trust account ensure that SPACs have sufficient The Exchange has proposed to in connection with the SPAC’s business public float, investor base, and trading exclude SPACs, prior to the completion combination, which must occur within interest likely to generate depth and of a business combination, from the 36 months of the IPO, and therefore, the liquidity to support exchange listing requirement to meet the Required SPAC structure provides an alternative and trading, which should help to Minimum Amount at the time of initial liquidity mechanism that operating protect investors and the public listing on the Nasdaq Global Select companies do not offer.15 interest.21 Market, Nasdaq Global Market, and The Exchange accordingly believes Nasdaq Capital Market. As described that SPACs should be excluded from the III. Discussion and Commission above, the Exchange states that, unlike Required Minimum Amount and Findings with operating companies where the proposes to revise Nasdaq Rules After careful review, the Commission 5315(f)(1)(C) (for the Nasdaq Global finds that the proposed rule change, as 24 See infra notes 25–26. 25 Select Market), 5405(a)(3) (for the modified by Amendment No. 1, is See, e.g., Securities Exchange Act Release Nos. Nasdaq Global Market), and 5505(a)(3) 81856 (October 11, 2017), 82 FR 48296, 48298 consistent with the requirements of the (October 17, 2017) (‘‘SR–NYSE–2017–31 Approval (for the Nasdaq Capital Market) to Act and the rules and regulations Order’’); 81079 (July 5, 2017), 82 FR 32022, 32023 exclude SPACs from the requirement to thereunder applicable to a national (July 11, 2017) (‘‘SR–NYSE–2017–11 Approval meet the Required Minimum Amount at securities exchange.22 In particular, the Order’’); 65708 (November 8, 2011), 76 FR 70799, the time of initial listing.16 The 70802 (November 15, 2011) (‘‘SR–NASDAQ–2011– Commission finds that the proposed 073 Approval Order’’); 63607 (December 23, 2010), Exchange notes, however, that SPACs rule change, as modified by Amendment 75 FR 82420, 82422 (December 30, 2010) (‘‘SR– must continue to satisfy the Exchange’s No. 1, is consistent with Section 6(b)(5) NASDAQ–2010–137 Approval Order’’); 57785 (May other initial listing requirements at the of the Act,23 which requires, among 6, 2008), 73 FR 27597, 27599 (May 13, 2008) (‘‘SR– time of listing,17 including the SPAC NYSE–2008–17 Approval Order’’); and 58228 (July other things, that the rules of a national 25, 2008), 73 FR 44794, 44796 (July 31, 2008) (‘‘SR– securities exchange be designed to NASDAQ–2008–013 Approval Order’’). In addition, has the right to redeem their shares into a pro rata prevent fraudulent and manipulative once a security has been approved for initial listing, share of the aggregate amount in the deposit maintenance criteria allow an exchange to monitor account if: (i) The shareholder votes against a acts and practices, to promote just and the status and trading characteristics of that issue business combination; or (ii) a shareholder vote on equitable principles of trade, to remove to ensure that it continues to meet the exchange’s the business combination is not held for which the impediments to and perfect the standards for market depth and liquidity so that fair company must file and furnish a proxy or mechanism of a free and open market and orderly markets can be maintained. See, e.g., information statement subject to Regulation 14A or Securities Exchange Act Release No. 82627 14C under the Act. See Nasdaq Rules IM–5101–2(d) and a national market system, and, in (February 2, 2018), 83 FR 5650, 5653 n.53 (February and (e). general, to protect investors and the 8, 2018) (‘‘SR–NYSE–2017–30 Approval Order’’); 12 See supra notes 8–9 and accompanying text. public interest, and are not designed to SR–NYSE–2017–31 Approval Order, 82 FR at 13 See Notice, supra note 3, at 68401. permit unfair discrimination between 48298; SR–NYSE–2017–11 Approval Order, 82 FR 14 See id. customers, issuers, brokers, or dealers. at 32023; SR–NASDAQ–2010–137 Approval Order, 15 See id. at 68401–02. The Exchange also states 75 FR at 82422; and SR–NYSE–2008–17 Approval that it believes the value of a SPAC prior to a The Commission has consistently Order, 73 FR at 27599. The Commission has stated business combination, unlike the value of an recognized that the development and that adequate listing standards, by promoting fair operating company, is not based solely on investor enforcement of meaningful listing and orderly markets, are consistent with Section demand for the security but, in the Exchange’s standards for an exchange is of critical 6(b)(5) of the Act, in that they are, among other view, is based primarily on the value of the cash things, designed to prevent fraudulent and held in the trust account. See id. importance to financial markets and the manipulative acts and practices, promote just and 16 See id. at 68402. equitable principles of trade, and protect investors 17 See id. These initial listing requirements (The Nasdaq Global Select Market) and 5400 Series and the public interest. See, e.g., SR–NYSE–2017– currently include, among other things, a minimum (The Nasdaq Global Market). 30 Approval Order, 83 FR at 5653 n.53; Securities Exchange Act Release Nos. 87648 (December 3, number of unrestricted publicly held shares, 18 See Notice, supra note 3, at 68402–03. See also 2019), 84 FR 67308, 67314 n.42 (December 9, 2019) minimum market value of unrestricted publicly supra notes 11, 15, and accompanying text. (SR–NASDAQ–2019–059); and 88716 (April 21, held shares, minimum number of round lot holders 19 See Notice, supra note 3, at 68402. 2020), 85 FR 23393, 23395 n.22 (April 27, 2020) of unrestricted shares, and minimum bid price. See 20 id. at 68402 n.9. The Commission notes, as an See supra note 17. (SR–NASDAQ–2020–001). example, that a SPAC listed on the Nasdaq Capital 21 See Notice, supra note 3, at 68402. 26 See, e.g., SR–NASDAQ–2011–073 Approval Market under the Market Value of Listed Securities 22 15 U.S.C. 78f(b). In approving this proposed Order, supra note 25, 76 FR at 70802; SR– Standard must have at least one million rule change, as modified by Amendment No. 1, the NASDAQ–2010–137 Approval Order, supra note unrestricted publicly held shares and a market Commission has considered the proposed rule 25, 75 FR at 82422; SR–NYSE–2008–17 Approval value of unrestricted publicly held shares of at least change’s impact on efficiency, competition, and Order, supra note 25, 73 FR at 27599; and SR– $15 million. See Nasdaq Rules 5505(a)(2) and capital formation. See 15 U.S.C. 78c(f). NASDAQ–2008–013 Approval Order, supra note 5505(b)(2)(C). See also Nasdaq Rule 5300 Series 23 15 U.S.C. 78f(b)(5). 25, 73 FR at 44796.

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7759

Required Minimum Amount is when approving the Exchange’s Amendment No. 1 (SR–NASDAQ–2020– necessary to demonstrate genuine amendments to exclude restricted 069), be, and hereby is, approved. investor interest in the operating securities from its calculation of a For the Commission, by the Division of company to support an exchange listing, company’s publicly held shares, market Trading and Markets, pursuant to delegated SPACs do not present a similar risk of value of publicly held shares, and round authority.33 circumventing the round lot holder lot holders for purposes of qualifying J. Matthew DeLesDernier, requirement through share transfers for the company’s securities for initial Assistant Secretary. no value and that removing this listing, the amendments ‘‘should allow [FR Doc. 2021–02010 Filed 1–29–21; 8:45 am] the Exchange to more accurately requirement will not impact the BILLING CODE 8011–01–P protection of investors.27 determine whether a security has Given the differences between SPACs adequate distribution and liquidity and and operating companies, including in is thus suitable for listing and trading on SECURITIES AND EXCHANGE their structure, and the rights of SPAC the Exchange.’’ 30 In addition, all initial COMMISSION shareholders to convert or redeem their listing requirements apply to the shares upon a business combination for combined company upon Sunshine Act Meetings a pro rata portion of the IPO proceeds consummation of a business maintained in a trust account, the combination, which would include the TIME AND DATE: 2:00 p.m. on Thursday, Commission believes that it is Required Minimum Amount. The February 4, 2021. reasonable and not unfairly Commission therefore believes the PLACE: The meeting will be held via discriminatory for the Exchange to Exchange’s current listing rules will remote means and/or at the exclude SPACs from the requirement to continue to provide appropriate listing Commission’s headquarters, 100 F meet the Required Minimum Amount at standards for SPAC securities, both Street NE, Washington, DC 20549. the time of initial listing of the SPAC. prior to and after the completion of any STATUS: This meeting will be closed to Specifically, the Commission believes business combination. Moreover, the public. the Exchange has provided a reasonable investors in SPACs will continue to MATTERS TO BE CONSIDERED: basis for its proposal to differentiate have the ability to convert or redeem Commissioners, Counsel to the SPACs from operating companies in their shares for cash into a pro rata share Commissioners, the Secretary to the terms of the requirement to comply with of the amount in the trust account, Commission, and recording secretaries the Required Minimum Amount upon pursuant to the provisions of Nasdaq will attend the closed meeting. Certain initial listing given that, in the Rules IM–5101–2(d) and (e). staff members who have an interest in Exchange’s experience, SPACs do not These other listing requirements, the matters also may be present. appear to present a similar risk of taken together, should continue to help In the event that the time, date, or circumventing the round lot holder ensure that SPACs are listed only if location of this meeting changes, an requirement through share transfers for there will be a sufficient market, with announcement of the change, along with no value. As the Exchange states in its adequate depth and liquidity and with the new time, date, and/or place of the proposal, typically the only investors sufficient investor interest to support an meeting will be posted on the holding shares in a SPAC prior to an exchange listing, and will continue to Commission’s website at https:// IPO are its founders, whereas other provide investors the redemption www.sec.gov. round lot holders generally represent feature. The Commission also notes that The General Counsel of the new investors, in contrast to the the Exchange’s proposal is consistent Commission, or his designee, has Exchange’s experience with operating with SPAC listing standards on other certified that, in his opinion, one or companies.28 listing exchanges that do not require more of the exemptions set forth in 5 Further, the Exchange’s other initial round lot holders to hold unrestricted U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) securities of a minimum market value and (10) and 17 CFR 200.402(a)(3), listing requirements will remain 31 applicable to SPACs at the time of their amount. For the reasons discussed (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and initial listing including, among other above, the Commission believes the (a)(10), permit consideration of the things, that round lot holders hold Exchange’s proposal is consistent with scheduled matters at the closed meeting. unrestricted shares and that SPACs will the requirements of Section 6(b)(5) of The subject matter of the closed continue to meet the minimum number the Act and with the maintenance of fair meeting will consist of the following and orderly markets under the Act. and market value of unrestricted topics: Institution and settlement of publicly held shares requirements as IV. Conclusion injunctive actions; well as the other listing requirements on It is therefore ordered, pursuant to Institution and settlement of the applicable market tier, in addition to Section 19(b)(2) of the Act,32 that the administrative proceedings; the specific listing criteria applicable to proposed rule change, as modified by Resolution of litigation claims; and 29 SPACs. As the Commission stated Other matters relating to examinations Nasdaq’s rules provide alternative standards to and enforcement proceedings. 27 See supra note 14 and accompanying text. satisfy in lieu of the market value standards, SPACs At times, changes in Commission 28 See supra notes 12–13 and accompanying text. typically list under the market value standard given priorities require alterations in the 29 For example, SPACs listed on the Nasdaq that they have no prior operating history. Capital Market under the Market Value of Listed 30 Required Minimum Amount Approval Order, scheduling of meeting agenda items that Securities Standard would be required to have at supra note 7, at 33111. See also supra note 7. may consist of adjudicatory, least 1,000,000 unrestricted publicly held shares, at 31 See, e.g., New York Stock Exchange LLC examination, litigation, or regulatory least 300 round lot holders that hold unrestricted (‘‘NYSE’’) Listed Company Manual Section 102.06. matters. shares, a minimum market value of listed securities The Commission notes that NYSE’s initial listing of $50 million, a minimum market value of standards for SPACs, which require an aggregate CONTACT PERSON FOR MORE INFORMATION: unrestricted publicly held shares of at least $15 market value of $100 million and market value of For further information; please contact million, and at least three registered and active publicly-held shares of $80 million, are generally Vanessa A. Countryman from the Office market makers. See Nasdaq Rules 5505(a)–(b). See higher than those on Nasdaq. See supra notes 17 also Nasdaq Rules 5315(e)–(f) (Nasdaq Global Select and 29. See also NYSE American LLC Company of the Secretary at (202) 551–5400. Market) and 5405(a)–(b) (Nasdaq Global Market). Guide Sections 102 and 119. The Commission understands that, although 32 15 U.S.C. 78s(b)(2). 33 17 CFR 200.30–3(a)(12).

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7760 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

Dated: January 28, 2021. of the Board of Governors of the Federal currency index warrants and currency Vanessa A. Countryman, Reserve System. At any other time, in the warrants, it shall mean the closing price of case of options, stock index warrants, that series of options or warrants on the Secretary. currency index warrants and currency Exchange on any day with respect to which [FR Doc. 2021–02155 Filed 1–28–21; 11:15 am] warrants, it shall mean the closing price of a determination of current market value is BILLING CODE 8011–01–P that series of options or warrants on the made, except in the case of certain index Exchange on any day with respect to which options determined by the Exchange, it shall a determination of current market value is be based on quotes for that series of options SECURITIES AND EXCHANGE made, except in the case of certain index and on the Exchange 15 minutes prior to the close COMMISSION ETF options determined by the Exchange, it of trading on any day with respect to which shall be based on quotes for that series of a determination of current market value is [Release No. 34–90990; File No. SR–CBOE– options on the Exchange 15 minutes prior to made. In the case of other securities, it shall 2021–006] the close of trading on any day with respect mean the preceding business day’s closing to which a determination of current market price as shown by any regularly published Self-Regulatory Organizations; Cboe value is made. In the case of other securities, reporting or quotation service. If there is no Exchange, Inc.; Notice of Filing and it shall mean the preceding business day’s closing price or quotes, as applicable, on the Immediate Effectiveness of a Proposed closing price as shown by any regularly option or on another security, a TPH Rule Change Relating To Amend the published reporting or quotation service. If organization may use a reasonable estimate of there is no closing price or quotes, as the current market value of the security as of Definition of ‘‘Current Market Value’’ for the close of business or as of 15 minutes prior Purposes of Calculating Margin applicable, on the option or on another security, a TPH organization may use a to the closing of trading, respectively, on the Requirements for Certain Options preceding business day.5 reasonable estimate of the current market January 26, 2021. value of the security as of the close of Rule 10.3 and other Rules in Chapter Pursuant to Section 19(b)(1) of the business or as of 15 minutes prior to the 10 of the Exchange’s Rulebook describe closing of trading, respectively, on the how margin requirements are calculated Securities Exchange Act of 1934 (the preceding business day. ‘‘Act’’),1 and Rule 19b–4 thereunder,2 for market participants’ positions in notice is hereby given that on January * * * * * options (and certain other securities), 14, 2021, Cboe Exchange, Inc. (the The text of the proposed rule change including strategy-based margin and ‘‘Exchange’’ or ‘‘Cboe Options’’) filed is also available on the Exchange’s customer portfolio margin requirements, with the Securities and Exchange website (http://www.cboe.com/ which requirements are generally based Commission (the ‘‘Commission’’) the AboutCBOE/CBOELegal on the current market value of the proposed rule change as described in RegulatoryHome.aspx), at the option series. These requirements are Items I and II below, which Items have Exchange’s Office of the Secretary, and determined on a daily basis for market participants’ securities accounts that been prepared by the Exchange. The at the Commission’s Public Reference hold options positions.6 Currently, 43 Exchange filed the proposal as a ‘‘non- Room. ETF options that are listed for trading controversial’’ proposed rule change II. Self-Regulatory Organization’s on the Exchange close for trading at 4:15 pursuant to Section 19(b)(3)(A)(iii) of Statement of the Purpose of, and p.m. Eastern time.7 Therefore, daily the Act 3 and Rule 19b–4(f)(6) Statutory Basis for, the Proposed Rule margin requirements for those options thereunder.4 The Commission is Change are currently based on the closing trade publishing this notice to solicit prices of those options series at that comments on the proposed rule change In its filing with the Commission, the time.8 from interested persons. Exchange included statements concerning the purpose of and basis for I. Self-Regulatory Organization’s 5 Section 220.2 of Regulation T of the Board of the proposed rule change and discussed Governors of the Federal Reserve System defines Statement of the Terms of Substance of any comments it received on the ‘‘current market value’’ of a security as (1) the Proposed Rule Change proposed rule change. The text of these throughout the day of the purchase or sale of a security, the security’s total cost of purchase or the Cboe Exchange, Inc. (the ‘‘Exchange’’ statements may be examined at the net proceeds of its sale including any commissions or ‘‘Cboe Options’’) proposes to amend places specified in Item IV below. The charged; or (2) at any other time, the closing sale the definition of ‘‘current market value’’ Exchange has prepared summaries, set price of the security on the preceding business day, for purposes of calculating margin forth in sections A, B, and C below, of as shown by any regularly published reporting or quotation service. If there is no closing sale price, requirements for certain options. The the most significant aspects of such the creditor may use any reasonable estimate of the text of the proposed rule change is statements. market value of the security as of the close of provided below. business on the preceding business day.’’ See 12 A. Self-Regulatory Organization’s CFR 220.2. The term ‘‘marking’’ value is often used (additions are italicized; deletions are Statement of the Purpose of, and to refer to the current market value for capital and [bracketed]) Statutory Basis for, the Proposed Rule margin purposes. The proposed rule change corrects the reference to Section 220.3 in the * * * * * Change definition of current market value in Rule 10.3(a)(2) Rules of Cboe Exchange, Inc. 1. Purpose to be Section 220.2. * * * * * 6 The Exchange notes the Options Clearing The Exchange proposes to amend the Corporation (‘‘OCC’’) calculates the daily margin Rule 10.3. Margin Requirements requirements for Clearing Members’ options definition of ‘‘current market value’’ positions at OCC. The Exchange understands OCC (a) Definitions. For purposes of this Rule, with respect to certain ETF options for intends to incorporate a corresponding change the following terms shall have the meanings purposes of calculating margin regarding the time at which the value of a series is specified below. requirements. Rule 10.3(a)(2) currently determined into its procedures for calculating (1) No change. margin requirements. (2) The term ‘‘current market value’’ is as defines the term ‘‘current market value’’ 7 See Rule 5.1(b)(2); see also closing times for ETF defined in Section 220.[3]2 of Regulation T as follows: options, available at https://www.cboe.com/us/ options/market_statistics/symbol_reference/ The term ‘‘current market value’’ is as ?mkt=cone&underlying=1. 1 15 U.S.C. 78s(b)(1). defined in Section 220.3 of Regulation T of 8 The Exchange notes the daily margin 2 17 CFR 240.19b–4. the Board of Governors of the Federal requirements for all other ETF options that close at 3 15 U.S.C. 78s(b)(3)(A)(iii). Reserve System. At any other time, in the 4:00 p.m. Eastern time are based on the closing 4 17 CFR 240.19b–4(f)(6). case of options, stock index warrants, trade at that time.

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7761

A number of options overlie Currently, the Exchange determines 2. Statutory Basis exchange-traded funds (‘‘ETFs’’) that the daily settlement price for all ETF The Exchange believes the proposed track the same indexes on which the options at the time at which they close rule change is consistent with the 9 Exchange lists index options. These for trading, which as noted above, is at Securities Exchange Act of 1934 (the options are complementary investment 4:15 p.m. for a number of ETF options. ‘‘Act’’) and the rules and regulations tools available to market participants. Several of these ETF options overlie an thereunder applicable to the Exchange The Exchange understands that market ETF that tracks an index on which the and, in particular, the requirements of participants generally use the same Exchange lists index options, including Section 6(b) of the Act.15 Specifically, information when pricing an index index options for which the Exchange the Exchange believes the proposed rule option and an ETF option with an determines the current market value for change is consistent with the Section underlying ETF that tracks the same margin requirements 15 minutes prior to 6(b)(5) 16 requirements that the rules of index. Additionally, market the closing time. The Exchange has an exchange be designed to prevent participants’ investment and hedging fraudulent and manipulative acts and strategies often involve index options received numerous requests from market participants to determine the practices, to promote just and equitable and related products, including ETF principles of trade, to foster cooperation options. For example, market current market value for such ETF options at the same time at which it and coordination with persons engaged participants often engage in hedging in regulating, clearing, settling, determines the current market value for strategies that involve options on the processing information with respect to, corresponding index options. Therefore, S&P 500 Index (‘‘SPX options’’), which and facilitating transactions in trade exclusively on the Exchange, and to permit the Exchange to align the securities, to remove impediments to SPY options, which may trade on any times at which the current market value and perfect the mechanism of a free and options exchange. of index options and options overlying open market and a national market The Exchange recently amended the ETFs that track the same indexes is system, and, in general, to protect definition of ‘‘current market value’’ to determined for purposes of calculating investors and the public interest. provide that, for certain index options daily margin requirements, the Additionally, the Exchange believes the determined by the Exchange, it would Exchange proposes to amend the proposed rule change is consistent with be based on quotes for a series of definition of current market value with the Section 6(b)(5) 17 requirement that options on the Exchange 15 minutes respect to certain Exchange-designated the rules of an exchange not be designed prior to the close of trading rather than ETF options 13 to be based on quotes of to permit unfair discrimination between 10 the closing price. The purpose of that that series of options on the Exchange customers, issuers, brokers, or dealers. change was to maintain alignment 15 minutes prior to the close of trading The Exchange also believes the between the times at which the current on any day with respect to which a proposed rule change furthers the market value of index options and the determination of current market value is objectives of Section 6(c)(3) of the Act,18 daily settlement price of related futures made.14 The Exchange intends to apply which authorizes the Exchange to, (i.e., futures that overlie the same an indicator to the quotes disseminated among other things, prescribe standards indexes as the index options) is of financial responsibility or operational determined for purposes of calculating to the Options Price Reporting Authority (‘‘OPRA’’) that will be the capability and standards of training, daily margin requirements.11 Currently, experience and competence for its daily mark for a series on the applicable the Exchange has determined to Trading Permit Holders and person trading day. The Exchange anticipates determine the current market value for associated with Trading Permit Holders. margin requirements 15 minutes prior to initially applying this proposed In particular, the Exchange believes the closing time for the following index definition to SPY options. The proposed alignment between the times at which options: DJX options, MXEA options, flexibility will permit the Exchange to related options prices are used to MXEF options, OEX options, RUT respond in a timely manner to any calculate daily margin requirements will options, SPESG options, SPX options, requests from industry participants and protect investors. In fact, the Exchange VIX options, XEO options, and XSP maintain alignment between those times has received numerous requests from options.12 as appropriate. market participants to make this change. Among other things, the Exchange 9 For example, the SPDR S&P 500 ETF Trust and MXEF to be Added to 3:00 p.m. Marking Price believes this alignment will prevent (‘‘SPY’’) tracks the S&P 500 Index. The Exchange (as Files. These index options close for trading at 4:15 increased risk to market participants well as other options exchanges) list SPY options p.m. Eastern time. for trading, and the Exchange lists options on the that hold positions across related 13 Pursuant to Rule 1.5, the Exchange announces S&P 500 Index as well (‘‘SPX’’). Additional options products due to potential to Trading Permit Holders all determinations it examples of ETF options (which may trade on any disparities that could occur in relation makes pursuant to the Rules (which would include options exchange) with an underlying ETF that to factors such as margin requirements, tracks an index on which the Exchange lists an the determination of ETF options subject to the option include the iShares Russell 2000 ETF proposed rule change) via specifications, notices, or pay-collect obligations, the (‘‘IWM’’) (which tracks the Russell 2000 Index, as regulatory circulars with appropriate advanced synchronization of existing hedges, and do RUT options) and the SPDR Dow Jones notice, which are posted on the Exchange’s website, the level of end-of-day risk. Differing Industrial Average ETF Trust (‘‘DIA’’) (which tracks or as otherwise provided in the Rules (among other daily valuation times for these products methods). the Dow Jones Industrial Average, as do DJX may cause offset relationships between options). 14 Fifteen minutes prior to the close of trading 10 See Securities Exchange Act Release No. 90195 will generally equate to 4:00 p.m. Eastern time. The options positions to be lost, which may (October 15, 2020), 85 FR 67041 (October 21, 2020) Exchange notes the proposed rule change does not distort the true status of risk within a (SR–CBOE–2020–090). change the time at which trading in the applicable market participant’s portfolio. Use of the 11 See id. As described in that proposed rule ETF options will close. In other words, on a regular same determination time for margin change, the Chicago Mercantile Exchange (‘‘CME’’), trading day, while the current market value for calculations reduces risk of a disconnect on which index futures products trade, intended to these ETF options will be determined at 4:00 p.m. change the daily settlement price for index futures Eastern time, those ETF options will continue to from 4:15 p.m. Eastern time to 4:00 p.m. Eastern trade until 4:15 p.m. Eastern time (any options 15 15 U.S.C. 78f(b). time. trades that occur between 4:00 and 4:15 on that 16 15 U.S.C. 78f(b)(5). 12 See Exchange Notice C2020113000, Schedule trading day would use the 4:00 current market 17 Id. Update—Cboe Proprietary Index Products MXEA value for margin calculation purposes). 18 15 U.S.C. 78f(c)(3).

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7762 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

between the values used in a market the time at which it determines current rule change is not novel, because the participant’s securities account for market value for index options with the Exchange recently made a similar rule related securities. For example, if the time at which a futures exchange change to permit it to align the time at Exchange continues to use the closing determined the daily settlement value which it determines current market prices of ETF options as the current for related futures products for value for index options with the time at market value of those options while the substantially similar purposes. Other which a futures exchange determined marking time of related index options options exchanges may choose to the daily settlement value for related uses prices 15 minutes prior to the similarly change the time at which futures products for substantially close, there could be a significant current market value will be determined similar purposes. The Exchange stated it misalignment between these values, for purposes of their margin rules. will announce to Trading Permit particularly if there were to be a large C. Self-Regulatory Organization’s Holders the date on which the change price move in the equity markets during will be implemented in accordance with 19 Statement on Comments on the that 15-minute time period. Rule 1.5 (i.e., the date will be The Exchange believes the proposed Proposed Rule Change Received From announced via specifications, notices, rule change will also promote just and Members, Participants, or Others or regulatory circulars with appropriate equitable principles of trade and remove The Exchange neither solicited nor advanced notice, which are posted on impediments to and perfect the received comments on the proposed the Exchange’s website, or as otherwise mechanism of a free and open market by rule change. provided in the Rules (among other permitting alignment of daily marks for III. Date of Effectiveness of the related products that market methods)). The Commission believes Proposed Rule Change and Timing for that waiving the 30-day operative delay participants often use in a Commission Action complementary manner as part of their is consistent with the protection of investment and hedging strategies. The Because the foregoing proposed rule investors and the public interest, Act authorizes the Exchange to change does not: because waiver of the operative delay prescribe standards of financial A. Significantly affect the protection will permit the Exchange to eliminate responsibility for Trading Permit of investors or the public interest; the potential pricing disparities that Holders, and the proposed rule change B. impose any significant burden on may occur as a result of continued regarding the daily value to be used for competition; and misalignment as soon as possible. For C. become operative for 30 days from calculation of daily margin this reason, the Commission designates the date on which it was filed, or such requirements for options positions is the proposed rule change to be operative shorter time as the Commission may 22 consistent with that authority. upon filing. designate, it has become effective B. Self-Regulatory Organization’s pursuant to Section 19(b)(3)(A) of the At any time within 60 days of the Statement on Burden on Competition Act 20 and Rule 19b–4(f)(6) 21 filing of the proposed rule change, the Commission summarily may The Exchange does not believe that thereunder. The Exchange has asked the temporarily suspend such rule change if the proposed rule change will impose it appears to the Commission that such any burden on competition that is not Commission to waive the 30-day operative delay so that the proposal may action is necessary or appropriate in the necessary or appropriate in furtherance public interest, for the protection of of the purposes of the Act. The primary become operative immediately upon filing. The Exchange stated that it investors, or otherwise in furtherance of purpose of the proposed rule change is believes waiver of the operative delay the purposes of the Act. If the to align margin calculations for related will protect investors by permitting the Commission takes such action, the products in the securities industries. Exchange to align the times at which the Commission will institute proceedings The Exchange does not believe the current market value of ETF options to determine whether the proposed rule proposed rule change will impose any with the times at which the current change should be approved or burden on intramarket competition that market value of related index options in disapproved. is not necessary or appropriate in securities accounts are determined as furtherance of the purposes of the Act IV. Solicitation of Comments soon as practicable. The Exchange also because the proposed change related to stated that it believes this will benefit margin requirements for the designated Interested persons are invited to market participants by preventing options will apply in the same manner submit written data, views, and potential price distortions between to all market participants that hold arguments concerning the foregoing, related options and reduce pricing risks positions in those options. The including whether the proposed rule to market participants that hold Exchange does not believe the proposed change is consistent with the Act. positions in ETF options and related rule change will impose any burden on Comments may be submitted by any of index options that may occur if the time intermarket competition that is not the following methods: at which the current market value of necessary or appropriate in furtherance options was determined differed from Electronic Comments of the purposes of the Act because the the time at which the daily settlement proposed rule change relates to margin • value of related futures was determined. Use the Commission’s internet requirements the Exchange imposes on The Exchange also noted the proposed comment form (http://www.sec.gov/ its Trading Permit Holders. As noted rules/sro.shtml); or above, the Exchange recently made a 20 15 U.S.C. 78s(b)(3)(A). • Send an email to rule-comments@ similar rule change to permit it to align 21 17 CFR 240.19b–4(f)(6). In addition, as required sec.gov. Please include File Number SR– under Rule 19b–4(f)(6)(iii), the Exchange provided CBOE–2021–006 on the subject line. 19 The Exchange is unaware of market the Commission with written notice of its intent to participants who have been significantly negatively file the proposed rule change, along with a brief impacted by this lack of alignment since the description and the text of the proposed rule 22 For purposes only of waiving the 30-day marking time for index options changed in October. change, at least five business days prior to the date operative delay, the Commission has also However, the proposed rule change would of the filing of the proposed rule change, or such considered the proposed rule’s impact on eliminate the potential risk associated with shorter time as designated by the Commission. The efficiency, competition, and capital formation. See misalignment going forward. Exchange has satisfied this requirement. 15 U.S.C. 78c(f).

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7763

Paper Comments Coordination Committee at 10:00 a.m. at (202) 372–1376, or in writing at 2703 • Send paper comments in triplicate on Thursday, April 29, 2021, by way of Martin Luther King Jr. Ave. SE Stop to Secretary, Securities and Exchange teleconference. Members of the public 7509, Washington DC 20593–7509. Commission, 100 F Street NE, may participate up to the capacity of the Additional information regarding this Washington, DC 20549–1090. teleconference phone line, which will and other IMO public meetings may be handle 500 participants. To access the found at: https://www.dco.uscg.mil/ All submissions should refer to File teleconference line, participants should IMO. Number SR–CBOE–2021–006. This file call (202) 475–4000 and use Participant Jeremy M. Greenwood, number should be included on the Code: 138 541 34#. subject line if email is used. To help the The primary purpose of the meeting is Executive Secretary, Shipping Coordinating Committee, Coast Guard Liaison Officer, Commission process and review your to prepare for the 103rd session of the comments more efficiently, please use Office of Ocean and Polar Affairs, Department International Maritime Organization’s of State. only one method. The Commission will (IMO) Maritime Safety Committee to be [FR Doc. 2021–02101 Filed 1–29–21; 8:45 am] post all comments on the Commission’s held remotely, May 5 to 14, 2021. internet website (http://www.sec.gov/ The agenda items to be considered BILLING CODE 4710–09–P rules/sro.shtml). Copies of the include: submission, all subsequent —Adoption of the agenda; report on amendments, all written statements DEPARTMENT OF TRANSPORTATION with respect to the proposed rule credentials change that are filed with the —Decisions of other IMO bodies Federal Aviation Administration —Consideration and adoption of Commission, and all written amendments to mandatory communications relating to the [Docket No. FAA–2020–0621] instruments proposed rule change between the —Capacity-building for the Agency Information Collection Commission and any person, other than implementation of new measures Activities: Requests for Comments; those that may be withheld from the —Regulatory scoping exercise for the Clearance of a Renewed Approval of public in accordance with the use of Maritime Autonomous Surface Information Collection: National Air provisions of 5 U.S.C. 552, will be Ships (MASS) Tours Safety Standards available for website viewing and —Development of further measures to printing in the Commission’s Public AGENCY: enhance the safety of ships relating to Federal Aviation Reference Room, 100 F Street NE, the use of fuel oil Administration (FAA), DOT. Washington, DC 20549 on official —Goal-based new ship construction ACTION: Notice and request for business days between the hours of standards comments. 10:00 a.m. and 3:00 p.m. Copies of the —Measures to improve domestic ferry filing also will be available for SUMMARY: In accordance with the safety inspection and copying at the principal Paperwork Reduction Act of 1995, FAA —Measures to enhance maritime office of the Exchange. All comments invites public comments about our security received will be posted without change. intention to request the Office of —Piracy and armed robbery against Persons submitting comments are Management and Budget (OMB) ships cautioned that we do not redact or edit approval to renew an information —Unsafe mixed migration by sea personal identifying information from collection. The Federal Register Notice —Formal safety assessment comment submissions. You should —Human element, training and with a 60-day comment period soliciting submit only information that you wish watchkeeping (report of the seventh comments on the following collection of to make available publicly. All session of the Sub-Committee) information was published on June 24, submissions should refer to File —Navigation, communications and 2020. The collection involves Number SR–CBOE–2021–006 and search and rescue requirements in FAA regulations that should be submitted on or before —Ship design and construction set safety and oversight rules for a broad February 22, 2021. —Ship systems and equipment variety of sightseeing and commercial For the Commission, by the Division of —Application of the Committee’s air tour flights to improve the overall Trading and Markets, pursuant to delegated method of work safety of commercial air tours by authority.23 —Work programme requiring all air tours to submit J. Matthew DeLesDernier, —Election of Chair and Vice-Chair for information. Assistant Secretary. 2021 DATES: Written comments should be [FR Doc. 2021–02005 Filed 1–29–21; 8:45 am] —Any other business submitted by March 3, 2021. BILLING CODE 8011–01–P —Consideration of the report of the ADDRESSES: Interested persons are Committee on its 103rd session invited to submit written comments on Please note: the Maritime Safety the proposed information collection to DEPARTMENT OF STATE Committee may, on short notice, adjust the Office of Information and Regulatory the MSC 103 agenda to accommodate Affairs, Office of Management and [Public Notice: 11342] the constraints associated with the Budget. Comments should be addressed Notice of Shipping Coordination virtual meeting format. Any changes to to the attention of the Desk Officer, the agenda will be relayed to those who Department of Transportation/FAA, and Committee Meeting in Preparation for _ International Maritime Organization contact the meeting coordinator to sent via electronic mail to oira Meeting confirm their attendance at the public [email protected], or faxed to meeting. (202) 395–6974, or mailed to the Office The Department of State will conduct Those who plan to participate may of Information and Regulatory Affairs, a public meeting of the Shipping contact the meeting coordinator, LT Office of Management and Budget, Jessica Anderson, by email at Docket Library, Room 10102, 725 17th 23 17 CFR 200.30–3(a)(12). [email protected], by phone Street NW, Washington, DC 20503.

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7764 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF TRANSPORTATION Background: Title 23 United States Sandra Ray by email at: sandra.ray@ Code, Section 141(c), provides that a faa.gov; phone: 412–329–3088. Federal Highway Administration State’s apportionment of funds under 23 [Docket No. FHWA–2020–0030] U.S.C. 104(b)(1) shall be reduced in an SUPPLEMENTARY INFORMATION: amount up to 8 percent of the amount Public Comments Invited: You are Agency Information Collection to be apportioned during any fiscal year asked to comment on any aspect of this Activities: Notice of Request for beginning after September 30, 1984, if information collection, including (a) Extension of Currently Approved vehicles subject to the Federal heavy Whether the proposed collection of Information Collection vehicle use tax are lawfully registered in information is necessary for FAA’s the State without having presented performance; (b) the accuracy of the AGENCY: Federal Highway proof of payment of the tax. The annual estimated burden; (c) ways for FAA to Administration (FHWA), DOT. certification by the State Governor or enhance the quality, utility and clarity ACTION: Notice of request for extension designated official regarding the of the information collection; and (d) of currently approved information collection of the heavy vehicle use tax ways that the burden could be collection. serves as the FHWA’s primary means of determining State compliance. The minimized without reducing the quality SUMMARY: In compliance with the FHWA has determined that an annual of the collected information. The agency Paperwork Reduction Act (PRA) of certification of compliance by each State will summarize and/or include your 1995, this notice announces that FHWA is the least obtrusive means of comments in the request for OMB’s will submit the collection of administering the provisions of the clearance of this information collection. information described below to the legislative mandate. In addition, States OMB Control Number: 2120–0717. Office of Management and Budget are required to retain for 1 year a (OMB) for review and comment. The Title: National Air Tours Safety Schedule 1, IRS Form 2290, Heavy Federal Register Notice with a 60-day Standards. Vehicle Use Tax Return (or other comment period soliciting comments on suitable alternative provided by Form Numbers: None. the following collection of information regulation). The FHWA conducts Type of Review: Renewal of an was published on November 25, 2020. compliance reviews at least once every information collection. The PRA submission describes the 3 years to determine if the annual nature of the information collection and Background: The Federal Register certification is adequate to ensure its expected cost and burden. effective administration of 23 U.S.C. Notice with a 60-day comment period DATES: Please submit comments by 141(c). soliciting comments on the following March 3, 2021. The estimated annual reporting collection of information was published burden is 102 hours; the estimated on June 24, 2020 (85 FR 38010). FAA ADDRESSES: You may submit comments identified by DOT Docket ID Number recordkeeping burden is 510 hours for a regulations set safety and oversight rules total of 612 hours. The 50 States and the for a broad variety of sightseeing and 2020–0030 by any of the following methods: District of Columbia share this burden. commercial air tour flights to improve Website: For access to the docket to Preparing and processing the annual the overall safety of commercial air read background documents or certification is estimated to require 2 tours by requiring all air tour operators comments received go to the Federal hours per State. Recordkeeping is to submit information. The FAA uses eRulemaking Portal: Go to http:// estimated to require an average of 10 the information it collects and reviews www.regulations.gov. hours per State. to ensure compliance and adherence to Follow the online instructions for Respondents: 50 State Transportation regulations and, if necessary, take submitting comments. Departments, and the District of enforcement action on violators of the Fax: 1–202–493–2251. Columbia for a total of 51 respondents. Frequency: Annually. regulations. Mail: Docket Management Facility, Estimated Average Annual Burden U.S. Department of Transportation, Respondents: Approximately 13,751 per Response: The average burden to West Building Ground Floor, Room respondents. submit the certification and to retain W12–140, 1200 New Jersey Avenue SE, required records is 12 hours per Frequency: Information is collected Washington, DC 20590–0001. on occasion. respondent. Hand Delivery or Courier: U.S. Estimated Total Annual Burden Estimated Average Burden per Department of Transportation, West Hours: Total estimated average annual Response: Burden varies per Building Ground Floor, Room W12–140, burden is 612 hours. respondent. 1200 New Jersey Avenue SE, Public Comments Invited: You are Estimated Total Annual Burden: Washington, DC 20590 between 9 a.m. asked to comment on any aspect of this 5,182 hours. and 5 p.m. ET, Monday through Friday, information collection, including: (1) except Federal holidays. Issued in Washington, DC, on January 27, Whether the proposed collection of FOR FURTHER INFORMATION CONTACT: 2021. information is necessary for the U.S. Michael Dougherty 202–366–9234, DOT’s performance, including whether Sheri A. Martin, Department of Transportation, Federal the information will have practical Management & Program Analyst, FAA, Policy Highway Administration, Office of utility; (2) the accuracy of the U.S. Integration Branch, AFS–270. Highway Policy Information, 1200 New DOT’s estimate of the burden of the [FR Doc. 2021–02072 Filed 1–29–21; 8:45 am] Jersey Avenue SE, Washington, DC proposed information collection; (3) BILLING CODE 4910–13–P 20590, Monday through Friday, except ways to enhance the quality, usefulness, Federal holidays. and clarity of the collected information; SUPPLEMENTARY INFORMATION: and (4) ways that the burden could be Title: Certification of Enforcement of minimized, including the use of the Heavy Vehicle Use Tax. electronic technology, without reducing OMB Control Number: 2125–0541. the quality of the collected information.

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7765

The agency will summarize and/or Planning, Environment, and Realty, type of information requested can be include your comments in the request Federal Highway Administration, found in 23 CFR 772.13(f). for OMB’s clearance of this information Department of Transportation, 1200 The previously distributed listing can collection. New Jersey Avenue SE, Washington, DC be found at http://www.fhwa.dot.gov/ (Authority: The Paperwork Reduction Act of 20590. Office hours are from 6:00 a.m. environment/noise/noise_barriers/ to 3:30 p.m., Monday through Friday, 1995; 44 U.S.C. Chapter 35, as amended; and inventory/summary/sintro7.cfm. This 49 CFR 1.48) except Federal holidays. listing continues to be extremely useful Issued On: January 26, 2021. SUPPLEMENTARY INFORMATION: in the management of the highway Michael Howell, Title: Noise Barrier Inventory. traffic noise program, in our technical Information Collection Officer. Background: The basis of the Federal- assistance efforts for State highway [FR Doc. 2021–01997 Filed 1–29–21; 8:45 am] aid highway program is a strong federal- agencies, and in responding to inquiries BILLING CODE 4910–22–P state partnership. At the core of that from congressional sources, Federal, partnership is a philosophy of trust and State, and local agencies, and the flexibility, and a belief that the states are general public. An updated listing of DEPARTMENT OF TRANSPORTATION in the best position to make investment noise barriers will be distributed decisions and that states base these nationally for use in the highway traffic Federal Highway Administration decisions on the needs and priorities of noise program. It is anticipated that this [Docket No. FHWA–2020–0027] their citizens. The FHWA noise information will be requested in 2014 regulation (23 CFR 772) gives each state (for noise barriers constructed in 2011, Agency Information Collection department of transportation (SDOT) 2012 and 2013) and then again in 2017 Activities: Request for Comments for a flexibility to determine the feasibility (for noise barriers constructed in 2014, New Information Collection and reasonableness of noise abatement 2015 and 2016). After review of the by balancing of the benefits of noise AGENCY: Federal Highway ‘‘Summary of Noise Barriers abatement against the overall adverse Administration (FHWA), DOT. Constructed by December 31, 2004’’ social, economic, and environmental ACTION: document, a SDOT may request to Notice and request for effects and costs of the noise abatement comments. delete, modify or add information to any measures. The SDOT must base its calendar year. SUMMARY: In compliance with the determination on the interest of the Respondents: Each of the 50 SDOTs, Paperwork Reduction Act (PRA) of overall public good, keeping in mind all the District of Columbia, and the 1995, this notice announces that FHWA the elements of the highway program will submit the collection of (need, funding, environmental impacts, Commonwealth of Puerto Rico. information described below to the public involvement, etc.). Frequency: Every 3 years. Office of Management and Budget Reduction of highway traffic noise Estimated Average Burden per (OMB) for review and comment. The should occur through a program of Response: It is estimated that on average Federal Register Notice with a 60-day shared responsibility with the most it would take 8 hours to respond to this comment period soliciting comments on effective strategy being implementation request. the following collection of information of noise compatible planning and land was published on June 19, 2017. The use control strategies by state and local Estimated Total Annual Burden PRA submission describes the nature of governments. Local governments can Hours: It is estimated that the estimated the information collection and its use their power to regulate land total annual burden is 139 hours. expected cost and burden. development to prohibit noise-sensitive Public Comments Invited: You are DATES: Please submit comments by land use development adjacent to a asked to comment on any aspect of this March 3, 2021. highway, or to require that developers information collection, including: (1) ADDRESSES: You may submit comments plan, design, and construct Whether the proposed collection is identified by DOT Docket ID 2020–0027 development in ways that minimize necessary for the FHWA’s performance; by any of the following methods: noise impacts. The FHWA noise (2) the accuracy of the estimated Website: For access to the docket to regulations limit Federal participation burdens; (3) ways for the FHWA to read background documents or in the construction of noise barriers enhance the quality, usefulness, and comments received go to the Federal along existing highways to those clarity of the collected information; and eRulemaking Portal: Go to http:// projects proposed along lands where (4) ways that the burden could be www.regulations.gov. Follow the online land development or substantial minimized, including the use of construction predated the existence of instructions for submitting comments. electronic technology, without reducing Fax: 1–202–493–2251. any highway. The data reflects the the quality of the collected information. Mail: Docket Management Facility, flexibility in noise abatement decision- The agency will summarize and/or U.S. Department of Transportation, making. Some states have built many West Building Ground Floor, Room noise barriers while a few have built include your comments in the request W12–140, 1200 New Jersey Avenue SE, none. Through the end of 2010, 47 for OMB’s clearance of this information Washington, DC 20590–0001. SDOTs and the Commonwealth of collection. Hand Delivery or Courier: U.S. Puerto Rico have constructed over 2,748 Authority: The Paperwork Reduction Act Department of Transportation, West linear miles of barriers at a cost of over of 1995; 44 U.S.C. Chapter 35, as amended; Building Ground Floor, Room W12–140, $4.05 billion ($5.44 billion in 2010 and 49 CFR 1.48. 1200 New Jersey Avenue SE, dollars). Three states and the District of Issued On: January 26, 2021. Washington, DC 20590, between 9 a.m. Columbia have not constructed noise and 5 p.m. ET, Monday through Friday, barriers. Ten SDOTs account for Michael Howell, except Federal holidays. approximately sixty-two percent (62%) Information Collection Officer. FOR FURTHER INFORMATION CONTACT: of total barrier length and sixty-nine [FR Doc. 2021–01995 Filed 1–29–21; 8:45 am] Mark Ferroni, 202–366–3233, Office of percent (69%) of total barrier cost. The BILLING CODE 4910–22–P

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00078 Fmt 4703 Sfmt 9990 E:\FR\FM\01FEN1.SGM 01FEN1 7766 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

DEPARTMENT OF TRANSPORTATION Federal surface transportation research DEPARTMENT OF TRANSPORTATION and development activities address the Federal Highway Administration needs of stakeholders, including Federal Highway Administration [Docket No. FHWA–2020–0028] ‘‘States, metropolitan planning [Docket No. FHWA–2020–0029] organizations, local governments, the Agency Information Collection private sector, researchers, research Agency Information Collection Activities: Request for Comments for a sponsors, and other affected parties, Activities: Request for Comments for a New Information Collection including public interest groups.’’ As New Information Collection AGENCY: Federal Highway part of its effort to ensure that Federal AGENCY: Federal Highway Administration (FHWA), DOT. research, development and technology Administration (FHWA), DOT. (RD&T) activities are addressing the ACTION: Notice and request for ACTION: Notice and request for comments. most critical national challenges, the comments. Federal Highway Administration SUMMARY: In compliance with the (FHWA) is developing the RD&T SUMMARY: In compliance with the Paperwork Reduction Act (PRA) of Agenda website. This website will Paperwork Reduction Act (PRA) of 1995, this notice announces that FHWA communicate FHWA’s RD&T goals, 1995, this notice announces that FHWA will submit the collection of objectives and strategies to its will submit the collection of information described below to the stakeholders and highlight notable information described below to the Office of Management and Budget initiatives or projects that illustrate Office of Management and Budget (OMB) for review and comment. The FHWA’s RD&T approach. The website (OMB) for review and comment. The Federal Register Notice with a 60-day Federal Register Notice with a 60-day comment period soliciting comments on will include an electronic mechanism for stakeholders to provide feedback on comment period soliciting comments on the following collection of information the following collection of information was published on November 25, 2020. the overall RD&T Agenda, FHWA’s approach to addressing national was published on November 25, 2020. The PRA submission describes the The PRA submission describes the nature of the information collection and transportation challenges, and potential opportunities for FHWA to collaborate nature of the information collection and its expected cost and burden. its expected cost and burden. DATES: Please submit comments by with stakeholders to address them. DATES: Please submit comments by March 3, 2021. Respondents: Approximately 1,000 March 3, 2021. ADDRESSES: You may submit comments annual respondents. ADDRESSES: You may submit comments identified by DOT Docket ID 2020–0028 Frequency: Annually. identified by DOT Docket ID 2020–0029 by any of the following methods: Website: For access to the docket to Estimated Average Burden per by any of the following methods: read background documents or Response: Approximately 10 minutes Website: For access to the docket to comments received; go to the Federal per respondent per year. read background documents or comments received go to the Federal eRulemaking Portal: Go to http:// Estimated Total Annual Burden www.regulations.gov. Follow the online eRulemaking Portal: Go to http:// Hours: Approximately 167 hours per www.regulations.gov. Follow the online instructions for submitting comments. year. Fax: 1–202–493–2251. instructions for submitting comments. Mail: Docket Management Facility, Public Comments Invited: You are Fax: 1–202–493–2251. U.S. Department of Transportation, asked to comment on any aspect of this Mail: Docket Management Facility, West Building Ground Floor, Room information collection, including: (1) U.S. Department of Transportation, W12–140, 1200 New Jersey Avenue SE, Whether the proposed collection is West Building Ground Floor, Room Washington, DC 20590–0001. necessary for the FHWA’s performance; W12–140, 1200 New Jersey Avenue SE, Hand Delivery or Courier: U.S. (2) the accuracy of the estimated Washington, DC 20590–0001. Department of Transportation, West burden; (3) ways for the FHWA to Hand Delivery or Courier: U.S. Building Ground Floor, Room W12–140, enhance the quality, usefulness, and Department of Transportation, West 1200 New Jersey Avenue SE, clarity of the collected information; and Building Ground Floor, Room W12–140, Washington, DC 20590, between 9 a.m. (4) ways that the burden could be 1200 New Jersey Avenue SE, and 5 p.m. ET, Monday through Friday, minimized, including the use of Washington, DC 20590, between 9 a.m. except Federal holidays. computer technology, without reducing and 5 p.m. ET, Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: the quality of the collected information. Mary Huie, 202–493–3460, Mary.Huie@ The agency will summarize and/or FOR FURTHER INFORMATION CONTACT: dot.gov, Turner-Fairbank Highway include your comments in the request Carolyn Winborne-James, 202–493– Research Center, Office of Corporate for OMB’s clearance of this information 0353, Department of Transportation, Research, Technology, and Innovation collection. Federal Highway Administration, Office Management, Federal Highway of Real Estate Services, 1200 New Jersey Administration, Department of Authority: The Paperwork Reduction Act Avenue SE, Washington, DC 20590. Transportation, 6300 Georgetown Pike, of 1995; 44 U.S.C. Chapter 35, as amended; Office hours are from 8 a.m. to 5 p.m., McLean, VA 22101. Office hours are and 49 CFR 1.48. Monday through Friday, except Federal from 8 a.m. to 5 p.m., Monday through Issued On: January 26, 2021. holidays. Friday, except Federal holidays. Michael Howell, SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION: Information Collection Coordinator. Title: FHWA Excellence in Right-of- Way Awards. Title: Federal Highway [FR Doc. 2021–01996 Filed 1–29–21; 8:45 am] Administration Research, Development Background: In 1995, the Federal and Technology Portfolio website. BILLING CODE P Highway Administration established the Background: Title 23, United States biennial Excellence in Right-of-Way Code, Section 502(a)(5) requires that Awards Program to recognize partners,

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7767

projects, and processes that use FHWA minimized, including the use of FMCSA–2014–0104, FMCSA–2016– funding sources to go beyond regulatory electronic technology, without reducing 0002, FMCSA–2017–0057, FMCSA– compliance and achieve Right-of-Way the quality of the collected information. 2017–0061, or FMCSA–2018–0135, in excellence. Excellence in Right-of-Way The agency will summarize and/or the keyword box, and click ‘‘Search.’’ awardees have contributed to include your comments in the request Next, click the ‘‘Open Docket Folder’’ outstanding innovations that enhance for OMB’s clearance of this information button and choose the document to the right-of-way professional’s ability to collection. review. If you do not have access to the meet the challenges associated with Authority: The Paperwork Reduction Act internet, you may view the docket acquiring real property for Federal-aid of 1995; 44 U.S.C. Chapter 35, as amended; online by visiting Dockets Operations in projects. and 49 CFR 1.48. Room W12–140 on the ground floor of Similarly, FHWA established the the DOT West Building, 1200 New Issued On: January 26, 2021. Excellence in Right-of-Way Awards Jersey Avenue SE, Washington, DC Program to honor the use of innovative Michael Howell, 20590–0001, between 9 a.m. and 5 p.m. practices and outstanding achievements Information Collection Officer. ET, Monday through Friday, except associated with highway improvement [FR Doc. 2021–01998 Filed 1–29–21; 8:45 am] Federal holidays. To be sure someone is projects as it relates to the Right-of-Way BILLING CODE 4910–22–P there to help you, please call (202) 366– program. The goal of the program is to 9317 or (202) 366–9826 before visiting showcase exemplary and innovative Dockets Operations. projects, programs, initiatives, and DEPARTMENT OF TRANSPORTATION practices that successfully integrate the B. Privacy Act consideration of the Right-of-Way Federal Motor Carrier Safety In accordance with 5 U.S.C. 553(c), program along with the association of Administration DOT solicits comments from the public the acquisition of land required to [Docket No. FMCSA–2014–0102; FMCSA– to better inform its rulemaking process. construct transportation facilities. 2014–0104; FMCSA–2016–0002; FMCSA– DOT posts these comments, without Award: Anyone can nominate a 2017–0057; FMCSA–2017–0061; FMCSA– edit, including any personal information project, process, person or group that 2018–0135] the commenter provides, to has used Federal Highway www.regulations.gov, as described in Administration funding sources to make Qualification of Drivers; Exemption the system of records notice (DOT/ALL– an outstanding contribution to Applications; Hearing 14 FDMS), which can be reviewed at transportation and the Right-of-Way AGENCY: Federal Motor Carrier Safety www.transportation.gov/privacy. field. The nominator is responsible for Administration (FMCSA), DOT. II. Background submitting an application form that ACTION: Notice of final disposition. summarizes the outstanding On November 18, 2020, FMCSA accomplishments of the entry. FHWA SUMMARY: FMCSA announces its published a notice announcing its will use the collected information to decision to renew exemptions for nine decision to renew exemptions for nine evaluate, showcase, and enhance the individuals from the hearing individuals from the hearing standard in public’s knowledge on addressing right- requirement in the Federal Motor 49 CFR 391.41(b)(11) to operate a CMV of-way challenges on transportation Carrier Safety Regulations (FMCSRs) for in interstate commerce and requested projects. Nominations will be reviewed interstate commercial motor vehicle comments from the public (85 FR by an independent panel of judges from (CMV) drivers. The exemptions enable 73591). The public comment period varying backgrounds. It is anticipated these hard of hearing and deaf ended on December 18, 2020, and no that awards will be given every two individuals to continue to operate CMVs comments were received. years. The winners will be presented in interstate commerce. FMCSA has evaluated the eligibility awards at the completion of the process. DATES: The exemptions were applicable of these applicants and determined that Respondents: Anyone who has used on November 30, 2020. The exemptions renewing these exemptions would Federal Highway funding sources in the expire on November 30, 2022. achieve a level of safety equivalent to, fifty states, the District of Columbia and FOR FURTHER INFORMATION CONTACT: Ms. or greater than, the level that would be Puerto Rico. Christine A. Hydock, Chief, Medical achieved by complying with Frequency: The information will be Programs Division, (202) 366–4001, § 391.41(b)(11). The physical qualification standard collected biennially. [email protected], FMCSA, for drivers regarding hearing found in Estimated Average Burden per Department of Transportation, 1200 § 391.41(b)(11) states that a person is Response: 6 hours per respondent per New Jersey Avenue SE, Room W64–224, physically qualified to drive a CMV if application. Washington, DC 20590–0001. Office Estimated Total Annual Burden that person first perceives a forced hours are from 8:30 a.m. to 5 p.m., ET, Hours: It is expected that the whispered voice in the better ear at not Monday through Friday, except Federal respondents will complete less than 5 feet with or without the use holidays. If you have questions approximately 50 applications for an of a hearing aid or, if tested by use of regarding viewing or submitting estimated total of 600 annual burden an audiometric device, does not have an material to the docket, contact Dockets hours. average hearing loss in the better ear Operations, (202) 366–9826. Public Comments Invited: You are greater than 40 decibels at 500 Hz, 1,000 asked to comment on any aspect of this SUPPLEMENTARY INFORMATION: Hz, and 2,000 Hz with or without a information collection, including: (1) I. Public Participation hearing aid when the audiometric Whether the proposed collection is device is calibrated to American necessary for the FHWA’s performance; A. Viewing Documents and Comments National Standard (formerly ASA (2) the accuracy of the estimated To view comments, as well as any Standard) Z24.5—1951. burdens; (3) ways for the FHWA to documents mentioned in this notice as This standard was adopted in 1970 enhance the quality, usefulness, and being available in the docket, go to and was revised in 1971 to allow drivers clarity of the collected information; and http://www.regulations.gov. Insert the to be qualified under this standard (4) ways that the burden could be docket number, FMCSA–2014–0102, while wearing a hearing aid, 35 FR

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7768 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

6458, 6463 (April 22, 1970) and 36 FR ACTION: Notice of denials. III. Basis for Exemption Determination 12857 (July 3, 1971). SUMMARY: FMCSA announces its Under 49 U.S.C. 31136(e) and III. Discussion of Comments decision to deny applications from 37 31315(b), FMCSA may grant an individuals who requested an exemption from the FMCSRs for no FMCSA received no comments in this longer than a 5-year period if it finds proceeding. exemption from the vision standard in the Federal Motor Carrier Safety such exemption would likely achieve a IV. Conclusion Regulations (FMCSRs) to operate a CMV level of safety that is equivalent to, or Based upon its evaluation of the nine in interstate commerce. greater than, the level that would be achieved absent such exemption. renewal exemption applications, FOR FURTHER INFORMATION CONTACT: Ms. FMCSA grants exemptions from the FMCSA announces its decision to Christine A. Hydock, Chief, Medical exempt the following drivers from the FMCSRs for a 2-year period to align Programs Division, (202) 366–4001, with the maximum duration of a hearing requirement in § 391.41(b)(11). [email protected], FMCSA, As of November 18, 2020, and in driver’s medical certification. Department of Transportation, 1200 The Agency’s decision regarding these accordance with 49 U.S.C. 31136(e) and New Jersey Avenue SE, Room W64–224, exemption applications is based on 31315(b), the following nine individuals Washington, DC 20590–0001. Office medical reports about the applicants’ have satisfied the renewal conditions for hours are from 8:30 a.m. to 5 p.m. ET, vision, as well as their driving records obtaining an exemption from the Monday through Friday, except Federal and experience driving with the vision hearing requirement in the FMCSRs for holidays. If you have questions deficiency. interstate CMV drivers (85 FR 73591): regarding viewing materials in the Michael Arwood (TN) docket, contact Dockets Operations, IV. Conclusion Christian DeNight (FL) (202) 366–9826. The Agency has determined that these James Dignan (IL) SUPPLEMENTARY INFORMATION: applicants do not satisfy the eligibility Michael Dohanish (OH) criteria or meet the terms and I. Public Participation Bruce Dunn (LA) conditions of the Federal exemption and Scott Perdue (GA) A. Viewing Documents and Comments granting these exemptions would not Albert Pizana (CA) To view comments, as well as any provide a level of safety that would be Adalberto Rodriguez (NY) equivalent to, or greater than, the level Michael Smith (CO) documents mentioned in this notice as being available in the docket, go to of safety that would be obtained by The drivers were included in docket http://www.regulations.gov/ complying with § 391.41(b)(10). number FMCSA–2014–0102, FMCSA– docket?D=FMCSA-2021-0002 and Therefore, the 37 applicants in this 2014–0104, FMCSA–2016–0002, choose the document to review. If you notice have been denied exemptions FMCSA–2017–0057, FMCSA–2017– do not have access to the internet, you from the physical qualification 0061, or FMCSA–2018–0135. Their may view the docket online by visiting standards in § 391.41(b)(10). exemptions are applicable as of Dockets Operations in Room W12–140 Each applicant has, prior to this November 30, 2020, and will expire on on the ground floor of the DOT West notice, received a letter of final November 30, 2022. Building, 1200 New Jersey Avenue SE, disposition regarding his/her exemption In accordance with 49 U.S.C. Washington, DC 20590–0001, between 9 request. Those decision letters fully 31315(b), each exemption will be valid a.m. and 5 p.m. ET, Monday through outlined the basis for the denial and for 2 years from the effective date unless Friday, except Federal holidays. To be constitute final action by the Agency. revoked earlier by FMCSA. The sure someone is there to help you, This notice summarizes the Agency’s exemption will be revoked if the please call (202) 366–9317 or (202) 366– recent denials as required under 49 following occurs: (1) The person fails to 9826 before visiting Dockets Operations. U.S.C. 31315(b)(4) by periodically comply with the terms and conditions publishing names and reasons for of the exemption; (2) the exemption has B. Privacy Act denial. resulted in a lower level of safety than In accordance with 5 U.S.C. 553(c), The following 18 applicants had no was maintained prior to being granted; DOT solicits comments from the public experience operating a CMV: or (3) continuation of the exemption to better inform its rulemaking process. Dut J. Acuoth (NY) would not be consistent with the goals DOT posts these comments, without Wyatt W. Brown (IA) and objectives of 49 U.S.C. 31136(e) and edit, including any personal information James R. Bruner (AL) 31315(b). the commenter provides, to Gareth S. Collins (AZ) Maira A. Giraldo (TX) Larry W. Minor, www.regulations.gov, as described in Richard E. Hordon (NH) Associate Administrator for Policy. the system of records notice (DOT/ALL– Eddie Howard (NM) [FR Doc. 2021–02019 Filed 1–29–21; 8:45 am] 14 FDMS), which can be reviewed at Chen N. Nguyen (IA) www.transportation.gov/privacy. BILLING CODE 4910–EX–P John R. Pruitt (AR) II. Background Martin K. Ramos (FL) Aaron Rot (TX) DEPARTMENT OF TRANSPORTATION FMCSA received applications from 37 Adam L. Scorza (CA) individuals who requested an Gabriel P. Serna (AZ) Federal Motor Carrier Safety exemption from the vision standard in Shabria N. Shepherd (AL) Administration the FMCSRs. Satvir Singh (NJ) FMCSA has evaluated the eligibility Coltin Upchurch (KS) [Docket No. FMCSA–2021–0002] of these applicants and concluded that Aimable Vuningoma (TX) Caleb Zane (NY) Qualification of Drivers; Exemption granting these exemptions would not Applications; Vision provide a level of safety that would be The following 10 applicants did not equivalent to, or greater than, the level have 3 years of experience driving a AGENCY: Federal Motor Carrier Safety of safety that would be obtained by CMV on public highways with their Administration (FMCSA), DOT. complying with § 391.41(b)(10). vision deficiencies:

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7769

Jose M. Almarez (IL) ACTION: Notice of renewal of Ground Floor, Room W12–140, David D. Brown (ID) exemptions; request for comments. Washington, DC 20590–0001. Jonathan F. Curtis (IL) • Hand Delivery: West Building Wesley H. Eldred (WA) SUMMARY: FMCSA announces its Ground Floor, Room W12–140, 1200 Jason J. Forward (TX) decision to renew exemptions for 53 New Jersey Avenue SE, Washington, Jeremiah R. Gladen (CA) individuals from the vision requirement DC, between 9 a.m. and 5 p.m. ET, Shawn M. Osborn (MO) in the Federal Motor Carrier Safety Monday through Friday, except Federal William F. Preston (OH) Regulations (FMCSRs) for interstate Holidays. • Daniel I. Smith (WA) commercial motor vehicle (CMV) Fax: (202) 493–2251. Dennis M. Wright drivers. The exemptions enable these To avoid duplication, please use only one of these four methods. See the The following three applicants did individuals to continue to operate CMVs ‘‘Public Participation’’ portion of the not have 3 years of recent experience in interstate commerce without meeting SUPPLEMENTARY INFORMATION section for driving a CMV on public highways with the vision requirements in one eye. instructions on submitting comments. their vision deficiencies: DATES: Each group of renewed FOR FURTHER INFORMATION CONTACT: Ms. Derrick V. Arter (MD) exemptions are applicable on the dates stated in the discussions below and will Christine A. Hydock, Chief, Medical Jose O. Diaz Rosado (PA) Programs Division, (202) 366–4001, Michael L. Leschner (MN) expire on the dates stated in the discussions below. Comments must be [email protected], FMCSA, The following four applicants were received on or before March 3, 2021. Department of Transportation, 1200 denied for multiple reasons: ADDRESSES: You may submit comments New Jersey Avenue SE, Room W64–224, Kenneth W. Courtney (AL) identified by the Federal Docket Washington, DC 20590–0001. Office Jason A. Melo (NH) Management System (FDMS) Docket No. hours are from 8:30 a.m. to 5 p.m. ET, George R. Miller (PA) FMCSA–1999–6480, Docket No. Monday through Friday, except Federal Ryan L. VanZanten (PA) FMCSA–2000–7006, Docket No. holidays. If you have questions The following applicant has not had FMCSA–2000–7363, Docket No. regarding viewing or submitting stable vision for the preceding 3-year FMCSA–2000–8398, Docket No. material to the docket, contact Dockets period: FMCSA–2001–10578, Docket No. Operations, (202) 366–9826. Sheldon Blanton (TX) FMCSA–2002–12294, Docket No. SUPPLEMENTARY INFORMATION: The following applicant drove FMCSA–2002–13411, Docket No. I. Public Participation interstate while restricted to intrastate FMCSA–2004–19477, Docket No. A. Submitting Comments driving: FMCSA–2005–23238, Docket No. Henry E. Brown (IL) FMCSA–2006–24783, Docket No. If you submit a comment, please FMCSA–2006–26066, Docket No. include the docket number for this Larry W. Minor, FMCSA–2008–0021, Docket No. notice (Docket No. FMCSA–1999–6480; Associate Administrator for Policy. FMCSA–2008–0266, Docket No. FMCSA–2000–7006; FMCSA–2000– [FR Doc. 2021–02015 Filed 1–29–21; 8:45 am] FMCSA–2008–0340, Docket No. 7363; FMCSA–2000–8398; FMCSA– FMCSA–2009–0011, Docket No. BILLING CODE 4910–EX–P 2001–10578; FMCSA–2002–12294; FMCSA–2009–0303, Docket No. FMCSA–2002–13411; FMCSA–2004– FMCSA–2010–0187, Docket No. 19477; FMCSA–2005–23238; FMCSA– DEPARTMENT OF TRANSPORTATION FMCSA–2010–0354, Docket No. 2006–24783; FMCSA–2006–26066; FMCSA–2010–0385, Docket No. FMCSA–2008–0021; FMCSA–2008– Federal Motor Carrier Safety FMCSA–2011–0276, Docket No. 0266; FMCSA–2008–0340; FMCSA– Administration FMCSA–2011–0379, Docket No. 2009–0011; FMCSA–2009–0303; FMCSA–2012–0161, Docket No. FMCSA–2010–0187; FMCSA–2010– [Docket No. FMCSA–1999–6480; FMCSA– 2000–7006; FMCSA–2000–7363; FMCSA– FMCSA–2012–0339, Docket No. 0354; FMCSA–2010–0385; FMCSA– 2000–8398; FMCSA–2001–10578; FMCSA– FMCSA–2013–0174, Docket No. 2011–0276; FMCSA–2011–0379; 2002–12294; FMCSA–2002–13411; FMCSA– FMCSA–2014–0002, Docket No. FMCSA–2012–0161; FMCSA–2012– 2004–19477; FMCSA–2005–23238; FMCSA– FMCSA–2014–0003, Docket No. 0339; FMCSA–2013–0174; FMCSA– 2006–24783; FMCSA–2006–26066; FMCSA– FMCSA–2014–0006, Docket No. 2014–0002; FMCSA–2014–0003; 2008–0021; FMCSA–2008–0266; FMCSA– FMCSA–2014–0007, Docket No. FMCSA–2014–0006; FMCSA–2014– 2008–0340; FMCSA–2009–0011; FMCSA– FMCSA–2014–0299, Docket No. 0007; FMCSA–2014–0299; FMCSA– 2009–0303; FMCSA–2010–0187; FMCSA– FMCSA–2014–0300, Docket No. 2014–0300; FMCSA–2014–0301; 2010–0354; FMCSA–2010–0385; FMCSA– FMCSA–2014–0301, Docket No. FMCSA–2016–0027; FMCSA–2016– 2011–0276; FMCSA–2011–0379; FMCSA– 2012–0161; FMCSA–2012–0339; FMCSA– FMCSA–2016–0027, Docket No. 0031; FMCSA–2016–0033; FMCSA– 2013–0174; FMCSA–2014–0002; FMCSA– FMCSA–2016–0031, Docket No. 2016–0210; FMCSA–2016–0212; 2014–0003; FMCSA–2014–0006; FMCSA– FMCSA–2016–0033, Docket No. FMCSA–2018–0207; FMCSA–2018– 2014–0007; FMCSA–2014–0299; FMCSA– FMCSA–2016–0210, Docket No. 0209), indicate the specific section of 2014–0300; FMCSA–2014–0301; FMCSA– FMCSA–2016–0212, Docket No. this document to which each comment 2016–0027; FMCSA–2016–0031; FMCSA– FMCSA–2018–0207, or Docket No. applies, and provide a reason for each 2016–0033; FMCSA–2016–0210; FMCSA– FMCSA–2018–0209 using any of the suggestion or recommendation. You 2016–0212; FMCSA–2018–0207; FMCSA– following methods: may submit your comments and 2018–0209] • Federal eRulemaking Portal: Go to material online or by fax, mail, or hand Qualification of Drivers; Exemption http://www.regulations.gov. Follow the delivery, but please use only one of Applications; Vision online instructions for submitting these means. FMCSA recommends that comments. you include your name and a mailing AGENCY: Federal Motor Carrier Safety • Mail: Dockets Operations; U.S. address, an email address, or a phone Administration (FMCSA), Department Department of Transportation, 1200 number in the body of your document of Transportation (DOT). New Jersey Avenue SE, West Building so that FMCSA can contact you if there

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7770 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

are questions regarding your FMCSA–2014–0006; FMCSA–2014– exemptions from the vision standard in submission. 0007; FMCSA–2014–0299; FMCSA– § 391.41(b)(10), in accordance with To submit your comment online, go to 2014–0300; FMCSA–2014–0301; FMCSA procedures. Accordingly, http://www.regulations.gov, put the FMCSA–2016–0027; FMCSA–2016– FMCSA has evaluated these docket number, FMCSA–1999–6480; 0031; FMCSA–2016–0033; FMCSA– applications for renewal on their merits FMCSA–2000–7006; FMCSA–2000– 2016–0210; FMCSA–2016–0212; and decided to extend each exemption 7363; FMCSA–2000–8398; FMCSA– FMCSA–2018–0207; FMCSA–2018– for a renewable 2-year period. 2001–10578; FMCSA–2002–12294; 0209), in the keyword box, and click III. Request for Comments FMCSA–2002–13411; FMCSA–2004– ‘‘Search.’’ Next, click the ‘‘Open Docket 19477; FMCSA–2005–23238; FMCSA– Folder’’ button and choose the Interested parties or organizations 2006–24783; FMCSA–2006–26066; document to review. If you do not have possessing information that would FMCSA–2008–0021; FMCSA–2008– access to the internet, you may view the otherwise show that any, or all, of these 0266; FMCSA–2008–0340; FMCSA– docket online by visiting Dockets drivers are not currently achieving the 2009–0011; FMCSA–2009–0303; Operations in Room W12–140 on the statutory level of safety should FMCSA–2010–0187; FMCSA–2010– ground floor of the DOT West Building, immediately notify FMCSA. The 0354; FMCSA–2010–0385; FMCSA– 1200 New Jersey Avenue SE, Agency will evaluate any adverse 2011–0276; FMCSA–2011–0379; Washington, DC 20590–0001, between 9 evidence submitted and, if safety is FMCSA–2012–0161; FMCSA–2012– a.m. and 5 p.m. ET, Monday through being compromised or if continuation of 0339; FMCSA–2013–0174; FMCSA– Friday, except Federal holidays. To be the exemption would not be consistent 2014–0002; FMCSA–2014–0003; sure someone is there to help you, with the goals and objectives of 49 FMCSA–2014–0006; FMCSA–2014– please call (202) 366–9317 or (202) 366– U.S.C. 31136(e) and 31315(b), FMCSA 0007; FMCSA–2014–0299; FMCSA– 9826 before visiting Dockets Operations. will take immediate steps to revoke the 2014–0300; FMCSA–2014–0301; exemption of a driver. C. Privacy Act FMCSA–2016–0027; FMCSA–2016– IV. Basis for Renewing Exemptions 0031; FMCSA–2016–0033; FMCSA– In accordance with 5 U.S.C. 553(c), 2016–0210; FMCSA–2016–0212; DOT solicits comments from the public In accordance with 49 U.S.C. 31136(e) FMCSA–2018–0207; FMCSA–2018– to better inform its rulemaking process. and 31315(b), each of the 53 applicants 0209), in the keyword box, and click DOT posts these comments, without has satisfied the renewal conditions for ‘‘Search.’’ When the new screen edit, including any personal information obtaining an exemption from the vision appears, click on the ‘‘Comment Now!’’ the commenter provides, to standard (see 64 FR 68195; 65 FR 20245; button and type your comment into the www.regulations.gov, as described in 65 FR 20251; 65 FR 45817; 65 FR 57230; text box on the following screen. Choose the system of records notice (DOT/ALL– 65 FR 77066; 65 FR 78256; 66 FR 16311; whether you are submitting your 14 FDMS), which can be reviewed at 66 FR 53826; 66 FR 66966; 67 FR 38311; comment as an individual or on behalf www.transportation.gov/privacy. 67 FR 46016; 67 FR 57266; 67 FR 57267; 67 FR 76439; 68 FR 1654; 68 FR 10298; of a third party and then submit. II. Background If you submit your comments by mail 68 FR 13360; 68 FR 69434; 69 FR 26921; or hand delivery, submit them in an Under 49 U.S.C. 31136(e) and 69 FR 52741; 69 FR 64806; 69 FR 71098; unbound format, no larger than 81⁄2 by 31315(b), FMCSA may grant an 70 FR 2705; 70 FR 7545; 70 FR 12265; 11 inches, suitable for copying and exemption from the FMCSRs for no 70 FR 44946; 70 FR 53412; 70 FR 74102; electronic filing. If you submit longer than a 5-year period if it finds 71 FR 5105; 71 FR 19600; 71 FR 27033; comments by mail and would like to such exemption would likely achieve a 71 FR 32184; 71 FR 32185; 71 FR 41311; know that they reached the facility, level of safety that is equivalent to, or 71 FR 53489; 71 FR 63379; 72 FR 1051; please enclose a stamped, self-addressed greater than, the level that would be 72 FR 1054; 72 FR 1056; 72 FR 7812; 72 postcard or envelope. achieved absent such exemption. The FR 11426; 73 FR 11989; 73 FR 15567; FMCSA will consider all comments statute also allows the Agency to renew 73 FR 27015; 73 FR 28186; 73 FR 42403; and material received during the exemptions at the end of the 5-year 73 FR 51336; 73 FR 51689; 73 FR 63047; comment period. period. FMCSA grants medical 73 FR 75803; 73 FR 76439; 73 FR 78421; exemptions from the FMCSRs for a 2- 73 FR 78423; 74 FR 6209; 74 FR 6689; B. Viewing Documents and Comments year period to align with the maximum 74 FR 8302; 74 FR 60021; 74 FR 60022; To view comments, as well as any duration of a driver’s medical 75 FR 4623; 75 FR 9480; 75 FR 13653; documents mentioned in this notice as certification. 75 FR 19674; 75 FR 22176; 75 FR 27623; being available in the docket, go to The physical qualification standard 75 FR 38602; 75 FR 47883; 75 FR 52062; http://www.regulations.gov. Insert the for drivers regarding vision found in 49 75 FR 63257; 75 FR 64396; 75 FR 72863; docket number, FMCSA–1999–6480; CFR 391.41(b)(10) states that a person is 75 FR 77492; 75 FR 77949; 75 FR 79079; FMCSA–2000–7006; FMCSA–2000– physically qualified to drive a CMV if 75 FR 79083; 75 FR 79084; 76 FR 2190; 7363; FMCSA–2000–8398; FMCSA– that person has distant visual acuity of 76 FR 4413; 76 FR 5425; 76 FR 9859; 76 2001–10578; FMCSA–2002–12294; at least 20/40 (Snellen) in each eye FR 11215; 76 FR 67248; 76 FR 75942; FMCSA–2002–13411; FMCSA–2004– without corrective lenses or visual 76 FR 79761; 77 FR 543; 77 FR 15184; 19477; FMCSA–2005–23238; FMCSA– acuity separately corrected to 20/40 77 FR 17107; 77 FR 17108; 77 FR 23797; 2006–24783; FMCSA–2006–26066; (Snellen) or better with corrective 77 FR 27850; 77 FR 29447; 77 FR 41879; FMCSA- 2008–0021; FMCSA–2008– lenses, distant binocular acuity of a least 77 FR 52389; 77 FR 52391; 77 FR 60010; 0266; FMCSA–2008–0340; FMCSA– 20/40 (Snellen) in both eyes with or 77 FR 64582; 77 FR 74273; 77 FR 74734; 2009–0011; FMCSA–2009–0303; without corrective lenses, field of vision 77 FR 75496; 77 FR 76166; 78 FR 800; FMCSA–2010–0187; FMCSA–2010– of at least 70° in the horizontal meridian 78 FR 1919; 78 FR 8689; 78 FR 11731; 0354; FMCSA–2010–0385; FMCSA– in each eye, and the ability to recognize 78 FR 12817; 78 FR 12822; 78 FR 67452; 2011–0276; FMCSA–2011–0379; the colors of traffic signals and devices 78 FR 67460; 78 FR 76707; 79 FR 1908; FMCSA–2012–0161; FMCSA–2012– showing red, green, and amber. 79 FR 10606; 79 FR 14333; 79 FR 14571; 0339; FMCSA–2013–0174; FMCSA– The 53 individuals listed in this 79 FR 17642; 79 FR 18391; 79 FR 22003; 2014–0002; FMCSA–2014–0003; notice have requested renewal of their 79 FR 23797; 79 FR 27043; 79 FR 28588;

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7771

79 FR 35212; 79 FR 37842; 79 FR 38659; 75 FR 4623; 75 FR 9480; 75 FR 13653; Antonio Rivera (PA) 79 FR 38661; 79 FR 41735; 79 FR 46300; 75 FR 19674; 75 FR 22176; 75 FR 27623; Ricky D. Rostad (MN) 79 FR 47175; 79 FR 53514; 79 FR 56104; 75 FR 38602; 75 FR 47883; 75 FR 52062; Julius Simmons, Jr. (SC) 79 FR 73397; 79 FR 73686; 79 FR 73687; 75 FR 63257; 75 FR 64396; 75 FR 72863; William T. Smiley (MD) 79 FR 74169; 80 FR 603; 80 FR 2473; 80 75 FR 77492; 75 FR 79079; 75 FR 79083; Michael G. Somma (NY) FR 3723; 80 FR 6162; 80 FR 7678; 80 FR 75 FR 79084; 76 FR 2190; 76 FR 4413; Joshua R. Stanley (OK) Douglas R. Strickland (NC) 8751; 80 FR 9304; 80 FR 15859; 80 FR 76 FR 5425; 76 FR 67248; 76 FR 75942; David M. Taylor (MO) 18693; 80 FR 20562; 80 FR 67481; 81 FR 76 FR 79761; 77 FR 543; 77 FR 15184; Bruce A. Walker (WI) 15401; 81 FR 20433; 81 FR 20435; 81 FR 77 FR 17107; 77 FR 17108; 77 FR 23797; Scott C. Westphal (MN) 26305; 81 FR 28138; 81 FR 52514; 81 FR 77 FR 27850; 77 FR 29447; 77 FR 41879; Edward C. Williams (AL) 59266; 81 FR 66724; 81 FR 68098; 81 FR 77 FR 52389; 77 FR 52391; 77 FR 60010; Steven E. Williams (GA) 71173; 81 FR 72664; 81 FR 74494; 81 FR 77 FR 64582; 77 FR 74273; 77 FR 74734; Olen L. Williams, Jr. (TN) 80161; 81 FR 81230; 81 FR 86063; 81 FR 77 FR 75496; 77 FR 76166; 78 FR 800; The drivers were included in docket 90050; 81 FR 91239; 81 FR 94013; 81 FR 78 FR 1919; 78 FR 11731; 78 FR 12817; numbers FMCSA–1999–6480; FMCSA– 96165; 81 FR 96196; 82 FR 12683; 82 FR 78 FR 67452; 78 FR 67460; 78 FR 76707; 2000–7006; FMCSA–2000–7363; 13043; 82 FR 13048; 83 FR 2306; 83 FR 79 FR 1908; 79 FR 10606; 79 FR 14333; FMCSA–2001–10578; FMCSA–2002– 6919; 83 FR 15195; 83 FR 28325; 83 FR 79 FR 14571; 79 FR 17642; 79 FR 18391; 12294; FMCSA–2004–19477; FMCSA– 28332; 83 FR 34661; 83 FR 53724; 83 FR 79 FR 22003; 79 FR 23797; 79 FR 27043; 2005–23238; FMCSA–2006–24783; 56140; 83 FR 56902; 84 FR 2309; 84 FR 79 FR 28588; 79 FR 35212; 79 FR 37842; FMCSA–2006–26066; FMCSA–2008– 2311; 84 FR 2314; 84 FR 2323; 84 FR 79 FR 38659; 79 FR 38661; 79 FR 41735; 0021; FMCSA–2008–0266; FMCSA– 16320; 84 FR 16336). They have 79 FR 46300; 79 FR 47175; 79 FR 53514; 2008–0340; FMCSA–2009–0011; submitted evidence showing that the 79 FR 56104; 79 FR 73397; 79 FR 73686; FMCSA–2009–0303; FMCSA–2010– vision in the better eye continues to 79 FR 73687; 79 FR 74169; 80 FR 603; 0187; FMCSA–2010–0354; FMCSA– meet the requirement specified at 80 FR 2473; 80 FR 3723; 80 FR 8751; 80 2010–0385; FMCSA–2011–0276; § 391.41(b)(10) and that the vision FR 9304; 80 FR 18693; 80 FR 67481; 81 FMCSA–2011–0379; FMCSA–2012– impairment is stable. In addition, a FR 15401; 81 FR 20433; 81 FR 20435; 0161; FMCSA–2012–0339; FMCSA– review of each record of safety while 81 FR 26305; 81 FR 28138; 81 FR 52514; 2013–0174; FMCSA–2014–0002; driving with the respective vision 81 FR 59266; 81 FR 66724; 81 FR 68098; FMCSA–2014–0003; FMCSA–2014– deficiencies over the past 2 years 81 FR 71173; 81 FR 72664; 81 FR 74494; 0006; FMCSA–2014–0007; FMCSA– indicates each applicant continues to 81 FR 80161; 81 FR 81230; 81 FR 86063; 2014–0299; FMCSA–2014–0300; meet the vision exemption 81 FR 90050; 81 FR 91239; 81 FR 94013; FMCSA–2016–0027; FMCSA–2016– requirements. These factors provide an 81 FR 96165; 81 FR 96196; 82 FR 12683; 0031; FMCSA–2016–0033; FMCSA– adequate basis for predicting each 82 FR 13043; 82 FR 13048; 83 FR 2306; 2016–0210; FMCSA–2016–0212; driver’s ability to continue to drive 83 FR 6919; 83 FR 15195; 83 FR 28325; FMCSA–2018–0207. Their exemptions safely in interstate commerce. 83 FR 28332; 83 FR 34661; 83 FR 53724; are applicable as of March 1, 2021, and Therefore, FMCSA concludes that 83 FR 56140; 83 FR 56902; 84 FR 2309; will expire on March 1, 2023. extending the exemption for each 84 FR 2311; 84 FR 2314; 84 FR 16320): As of March 4, 2021, and in renewal applicant for a period of 2 years Kurtis A. Anderson (SD) accordance with 49 U.S.C. 31136(e) and is likely to achieve a level of safety Alan A. Andrews (NE) 31315, the following individual has equal to that existing without the Teddy S. Bioni (PA) satisfied the renewal conditions for exemption. Duane N. Brojer (NM) obtaining an exemption from the vision In accordance with 49 U.S.C. 31136(e) Chad L. Burnham (ME) requirement in the FMCSRs for and 31315(b), the following groups of Derric D. Burrell (AL) interstate CMV drivers (67 FR 76439; 68 drivers received renewed exemptions in Laurence R. Casey (MA) FR 10298; 70 FR 7545; 72 FR 7812; 74 the month of March and are discussed Thomas A. Crowell (NC) FR 6689; 76 FR 9859; 78 FR 8689; 80 FR below. As of March 1, 2021, and in Kevin J. Embrey (IN) 7678; 82 FR 13043; 84 FR 16320): accordance with 49 U.S.C. 31136(e) and Douglas K. Esp (MT) Ralph J. Miles (OR) 31315, the following 44 individuals Liam F. Gilliland (MA) The driver was included in docket have satisfied the renewal conditions for Gary A. Goostree (OH) number FMCSA–2002–13411. The obtaining an exemption from the vision Brian G. Hagen (IL) exemption is applicable as of March 4, requirement in the FMCSRs for Todd M. Harguth (MN) 2021, and will expire on March 4, 2023. interstate CMV drivers (64 FR 68195; 65 Guadalupe J. Hernandez (IN) As of March 7, 2021, and in FR 20245; 65 FR 20251; 65 FR 45817; Clarence K. Hill (NC) accordance with 49 U.S.C. 31136(e) and 65 FR 57230; 65 FR 77066; 66 FR 53826; Justin A. Hooper (MO) 31315, the following two individuals 66 FR 66966; 67 FR 38311; 67 FR 46016; Samuel L. Klaphake (MN) have satisfied the renewal conditions for 67 FR 57266; 67 FR 57267; 68 FR 1654; Dennis E. Krone (IL) obtaining an exemption from the vision 68 FR 69434; 69 FR 26921; 69 FR 52741; John C. Lewis (SC) requirement in the FMCSRs for 69 FR 64806; 69 FR 71098; 70 FR 2705; Ernest B. Martin (KY) interstate CMV drivers (80 FR 6162; 80 70 FR 7545; 70 FR 44946; 70 FR 53412; Terrence L. McKinney (TX) FR 20562; 82 FR 13043; 84 FR 16320): 70 FR 74102; 71 FR 5105; 71 FR 19600; Norman Mullins (OH) Steven D. Ellsworth (IL) and Richard A. 71 FR 27033; 71 FR 32184; 71 FR 32185; Robert H. Nelson (VA) Pierce (MO) 71 FR 41311; 71 FR 53489; 71 FR 63379; Lance C. Phares (NY) The drivers were included in docket 72 FR 1051; 72 FR 1054; 72 FR 1056; 73 Jack E. Potts, Jr. (PA) number FMCSA–2014–0301. The FR 11989; 73 FR 15567; 73 FR 27015; Don C. Powell (NY) exemptions are applicable as of March 73 FR 28186; 73 FR 42403; 73 FR 51336; Monte L. Purciful (IN) 7, 2021, and will expire on March 7, 73 FR 51689; 73 FR 63047; 73 FR 75803; Luis Ramos (FL) 2023. 73 FR 76439; 73 FR 78421; 73 FR 78423; George S. Rayson (OH) As of March 9, 2021, and in 74 FR 6209; 74 FR 60021; 74 FR 60022; Charles D. Reddick (GA) accordance with 49 U.S.C. 31136(e) and

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7772 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

31315, the following three individuals of safety than was maintained before it SUPPLEMENTARY INFORMATION: have satisfied the renewal conditions for was granted; or (3) continuation of the I. Public Participation obtaining an exemption from the vision exemption would not be consistent with requirement in the FMCSRs for the goals and objectives of 49 U.S.C. A. Viewing Documents and Comments interstate CMV drivers (84 FR 2323; 84 31136(e) and 31315(b). To view comments, as well as any FR 16336): VI. Preemption documents mentioned in this notice as Henry J. Hughes (MN); Emmanuel A. being available in the docket, go to Sepulveda (CA); and Nyrone Whyte During the period the exemption is in http://www.regulations.gov/ (CT) effect, no State shall enforce any law or docket?D=FMCSA-2020-0028 and regulation that conflicts with this The drivers were included in docket choose the document to review. If you exemption with respect to a person number FMCSA–2018–0209. The do not have access to the internet, you operating under the exemption. exemptions are applicable as of March may view the docket online by visiting 9, 2021, and will expire on March 9, VI. Conclusion Dockets Operations in Room W12–140 on the ground floor of the DOT West 2023. Based upon its evaluation of the 53 As of March 23, 2021, and in Building, 1200 New Jersey Avenue SE, exemption applications, FMCSA renews accordance with 49 U.S.C. 31136(e) and Washington, DC 20590–0001, between 9 the exemptions of the aforementioned 31315, the following three individuals a.m. and 5 p.m., ET, Monday through drivers from the vision requirement in have satisfied the renewal conditions for Friday, except Federal holidays. To be § 391.41(b)(10), subject to the obtaining an exemption from the vision sure someone is there to help you, requirements cited above. In accordance requirement in the FMCSRs for please call (202) 366–9317 or (202) 366– with 49 U.S.C. 31136(e) and 31315(b), interstate CMV drivers (65 FR 78256; 66 9826 before visiting Dockets Operations. each exemption will be valid for 2 years FR 16311; 67 FR 76439; 68 FR 10298; B. Privacy Act 68 FR 13360; 70 FR 7545; 70 FR 12265; unless revoked earlier by FMCSA. 72 FR 7812; 72 FR 11426; 73 FR 51689; Larry W. Minor, In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public 73 FR 63047; 74 FR 6689; 74 FR 8302; Associate Administrator for Policy. 75 FR 77949; 76 FR 9859; 76 FR 11215; to better inform its rulemaking process. [FR Doc. 2021–02020 Filed 1–29–21; 8:45 am] DOT posts these comments, without 78 FR 8689; 78 FR 12822; 80 FR 15859; BILLING CODE 4910–EX–P 82 FR 13043; 84 FR 16320): edit, including any personal information Howard K. Bradley (VA); Thomas F. the commenter provides, to www.regulations.gov, as described in Marczewski (WI); and Wade D. Taylor DEPARTMENT OF TRANSPORTATION (MO) the system of records notice (DOT/ALL– Federal Motor Carrier Safety 14 FDMS), which can be reviewed at The drivers were included in docket www.transportation.gov/privacy. numbers FMCSA–2000–8398; FMCSA– Administration 2002–13411; FMCSA–2008–0266. The [Docket No. FMCSA–2020–0028] II. Background exemptions are applicable as of March On December 16, 2020, FMCSA 23, 2021, and will expire on March 23, Qualification of Drivers; Exemption published a notice announcing receipt 2023. Applications; Hearing of applications from 20 individuals V. Conditions and Requirements AGENCY: Federal Motor Carrier Safety requesting an exemption from the hearing requirement in 49 CFR The exemptions are extended subject Administration (FMCSA), Department of Transportation (DOT). 391.41(b)(11) to operate a CMV in to the following conditions: (1) Each interstate commerce and requested driver must undergo an annual physical ACTION: Notice of final disposition. comments from the public (85 FR examination (a) by an ophthalmologist 81553). The public comment period or optometrist who attests that the SUMMARY: FMCSA announces its decision to exempt 20 individuals from ended on January 15, 2021, and two vision in the better eye continues to comments were received. meet the requirements in 49 CFR the hearing requirement in the Federal Motor Carrier Safety Regulations FMCSA has evaluated the eligibility 391.41(b)(10), and (b) by a certified of these applicants and determined that medical examiner (ME), as defined by (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate granting exemptions to these § 390.5, who attests that the driver is individuals would achieve a level of otherwise physically qualified under commerce. The exemptions enable these hard of hearing and deaf individuals to safety equivalent to, or greater than, the § 391.41; (2) each driver must provide a level that would be achieved by operate CMVs in interstate commerce. copy of the ophthalmologist’s or complying with § 391.41(b)(11). optometrist’s report to the ME at the DATES: The exemptions were applicable The physical qualification standard time of the annual medical examination; on January 22, 2021. The exemptions for drivers regarding hearing found in and (3) each driver must provide a copy expire on January 22, 2023. § 391.41(b)(11) states that a person is of the annual medical certification to FOR FURTHER INFORMATION CONTACT: Ms. physically qualified to drive a CMV if the employer for retention in the Christine A. Hydock, Chief, Medical that person first perceives a forced driver’s qualification file or keep a copy Programs Division, (202) 366–4001, whispered voice in the better ear at not of his/her driver’s qualification if he/she [email protected], FMCSA, less than 5 feet with or without the use is self-employed. The driver must also Department of Transportation, 1200 of a hearing aid or, if tested by use of have a copy of the exemption when New Jersey Avenue SE, Room W64–224, an audiometric device, does not have an driving, for presentation to a duly Washington, DC 20590–0001. Office average hearing loss in the better ear authorized Federal, State, or local hours are from 8:30 a.m. to 5 p.m., ET, greater than 40 decibels at 500 Hz, 1,000 enforcement official. The exemption Monday through Friday, except Federal Hz, and 2,000 Hz with or without a will be rescinded if: (1) The person fails holidays. If you have questions hearing aid when the audiometric to comply with the terms and regarding viewing or submitting device is calibrated to American conditions of the exemption; (2) the material to the docket, contact Dockets National Standard (formerly ASA exemption has resulted in a lower level Operations, (202) 366–9826. Standard) Z24.5—1951.

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7773

This standard was adopted in 1970 this exemption have demonstrated that following occurs: (1) The person fails to and was revised in 1971 to allow drivers they do not pose a risk to public safety. comply with the terms and conditions to be qualified under this standard Consequently, FMCSA finds that in of the exemption; (2) the exemption has while wearing a hearing aid, 35 FR each case exempting these applicants resulted in a lower level of safety than 6458, 6463 (April 22, 1970) and 36 FR from the hearing standard in was maintained prior to being granted; 12857 (July 3, 1971). § 391.41(b)(11) is likely to achieve a or (3) continuation of the exemption level of safety equal to that existing would not be consistent with the goals III. Discussion of Comments without the exemption. and objectives of 49 U.S.C. 31136(e) and 31315(b). FMCSA received two comments in V. Conditions and Requirements this proceeding. Of the two comments Larry W. Minor, received, one was in support of issuing The terms and conditions of the the exemptions and the other was exemption are provided to the Associate Administrator for Policy. outside the scope of this notice. applicants in the exemption document [FR Doc. 2021–02017 Filed 1–29–21; 8:45 am] and includes the following: (1) Each BILLING CODE 4910–EX–P IV. Basis for Exemption Determination driver must report any crashes or Under 49 U.S.C. 31136(e) and accidents as defined in § 390.5; (2) each DEPARTMENT OF TRANSPORTATION 31315(b), FMCSA may grant an driver must report all citations and exemption from the FMCSRs for no convictions for disqualifying offenses under 49 CFR 383 and 49 CFR 391 to Federal Motor Carrier Safety longer than a 5-year period if it finds Administration such exemption would likely achieve a FMCSA; and (3) each driver is level of safety that is equivalent to, or prohibited from operating a motorcoach [Docket No. FMCSA–2018–0136] greater than, the level that would be or bus with passengers in interstate achieved absent such exemption. The commerce. The driver must also have a Qualification of Drivers; Exemption statute also allows the Agency to renew copy of the exemption when driving, for Applications; Hearing presentation to a duly authorized exemptions at the end of the 5-year AGENCY: Federal Motor Carrier Safety Federal, State, or local enforcement period. FMCSA grants medical Administration (FMCSA), Department official. In addition, the exemption does exemptions from the FMCSRs for a 2- of Transportation (DOT). not exempt the individual from meeting year period to align with the maximum ACTION: Notice of final disposition. duration of a driver’s medical the applicable CDL testing certification. requirements. SUMMARY: FMCSA announces its The Agency’s decision regarding these VI. Preemption decision to renew exemptions for 10 exemption applications is based on individuals from the hearing During the period the exemption is in current medical information and requirement in the Federal Motor effect, no State shall enforce any law or literature, and the 2008 Evidence Carrier Safety Regulations (FMCSRs) for regulation that conflicts with this Report, ‘‘Executive Summary on interstate commercial motor vehicle exemption with respect to a person Hearing, Vestibular Function and (CMV) drivers. The exemptions enable operating under the exemption. Commercial Motor Driving Safety.’’ The these hard of hearing and deaf evidence report reached two VII. Conclusion individuals to continue to operate CMVs conclusions regarding the matter of Based upon its evaluation of the 20 in interstate commerce. hearing loss and CMV driver safety: exemption applications, FMCSA DATES: The exemptions were applicable (1) No studies that examined the exempts the following drivers from the on December 16, 2020. The exemptions relationship between hearing loss and hearing standard, § 391.41(b)(11), expire on December 16, 2022. crash risk exclusively among CMV subject to the requirements cited above: FOR FURTHER INFORMATION CONTACT: Ms. drivers were identified; and (2) evidence Hassan Abdi (MN) Christine A. Hydock, Chief, Medical from studies of the private driver’s Matthew Acken (UT) Programs Division, (202) 366–4001, license holder population does not Ryan Bailey (FL) [email protected], FMCSA, support the contention that individuals Gage Burchett (VA) Department of Transportation, 1200 with hearing impairment are at an Andrew Cho (NY) New Jersey Avenue SE, Room W64–224, increased risk for a crash. In addition, Jeffrey Daniel (NV) Washington, DC 20590–0001. Office the Agency reviewed each applicant’s Tyler Davis (TX) hours are from 8:30 a.m. to 5 p.m., ET, driving record found in the Commercial Gabriel Despanie (LA) Monday through Friday, except Federal Driver’s License Information System, for Zachrey Gill (MI) holidays. If you have questions commercial driver’s license (CDL) Nicholas Grabanski (TX) regarding viewing or submitting holders, and inspections recorded in the Michael Hartman (OK) material to the docket, contact Dockets Motor Carrier Management Information Andrew Hatch (IA) Operations, (202) 366–9826. System. For non-CDL holders, the Joshua Johnson (CO) Agency reviewed the driving records William Lavender (OH) SUPPLEMENTARY INFORMATION: from the State Driver’s Licensing MarcKenzie Loriston (FL) I. Public Participation Agency. Each applicant’s record Ronald Pridgen (NC) demonstrated a safe driving history. Zachary Reagan (TX) A. Viewing Documents and Comments Based on an individual assessment of Michael L. Smith (NC) To view comments, as well as any each applicant that focused on whether Carlos Sotelo Sanchez (CA) documents mentioned in this notice as an equal or greater level of safety is Matthew Spainhoward (KY) being available in the docket, go to likely to be achieved by permitting each In accordance with 49 U.S.C. http://www.regulations.gov/ of these drivers to drive in interstate 31315(b), each exemption will be valid docket?D=FMCSA-2018-0136 and commerce as opposed to restricting him for 2 years from the effective date unless choose the document to review. If you or her to driving in intrastate commerce, revoked earlier by FMCSA. The do not have access to the internet, you the Agency believes the drivers granted exemption will be revoked if the may view the docket online by visiting

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7774 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

Dockets Operations in Room W12–140 IV. Conclusion motor vehicle (CMV) drivers have ‘‘no on the ground floor of the DOT West Based upon its evaluation of the 10 established medical history or clinical Building, 1200 New Jersey Avenue SE, renewal exemption applications, diagnosis of epilepsy or any other Washington, DC 20590–0001, between 9 FMCSA announces its decision to condition which is likely to cause loss a.m. and 5 p.m., ET, Monday through exempt the following drivers from the of consciousness or any loss of ability to Friday, except Federal holidays. To be hearing requirement in § 391.41 (b)(11). control a CMV.’’ The exemptions enable sure someone is there to help you, As of December 11, 2020, and in these individuals who have had one or please call (202) 366–9317 or (202) 366– accordance with 49 U.S.C. 31136(e) and more seizures and are taking anti- 9826 before visiting Dockets Operations. 31315(b), the following 10 individuals seizure medication to operate CMVs in interstate commerce. B. Privacy Act have satisfied the renewal conditions for obtaining an exemption from the DATES: The exemptions were applicable In accordance with 5 U.S.C. 553(c), hearing requirement in the FMCSRs for on January 11, 2021. The exemptions DOT solicits comments from the public interstate CMV drivers (85 FR 80219): expire on January 11, 2023. to better inform its rulemaking process. Joshua Cogan (MD) FOR FURTHER INFORMATION CONTACT: Ms. DOT posts these comments, without Ronald Cottrell (OR) Christine A. Hydock, Chief, Medical edit, including any personal information Heath Focken (NE) Programs Division, (202) 366–4001, the commenter provides, to Ahmed Gabr (NC) [email protected], FMCSA, www.regulations.gov, as described in Daniel Hanson (PA) Department of Transportation, 1200 the system of records notice (DOT/ALL– Arnold Hatton (DE) New Jersey Avenue SE, Room W64–224, 14 FDMS), which can be reviewed at Donte Mason (TN) Washington, DC 20590–0001. Office www.transportation.gov/privacy. Taryn Peterson (IA) hours are from 8:30 a.m. to 5 p.m. ET, Greivin Salazar (CA) Monday through Friday, except Federal II. Background Eric Woods (MD) holidays. If you have questions The drivers were included in docket regarding viewing or submitting On December 11, 2020, FMCSA number FMCSA–2018–0136. Their material to the docket, contact Dockets published a notice announcing its exemptions were applicable as of Operations, (202) 366–9826. decision to renew exemptions for 10 December 16, 2020, and will expire on SUPPLEMENTARY INFORMATION: individuals from the hearing standard in December 16, 2022. 49 CFR 391.41(b)(11) to operate a CMV In accordance with 49 U.S.C. I. Public Participation in interstate commerce and requested 31315(b), each exemption will be valid A. Viewing Documents and Comments comments from the public (85 FR for 2 years from the effective date unless To view comments, as well as any 80219). The public comment period revoked earlier by FMCSA. The documents mentioned in this notice as ended on January 11, 2021, and no exemption will be revoked if the being available in the docket, go to comments were received. following occurs: (1) The person fails to http://www.regulations.gov/ comply with the terms and conditions FMCSA has evaluated the eligibility docket?D=FMCSA-2020-0052 and of the exemption; (2) the exemption has of these applicants and determined that choose the document to review. If you resulted in a lower level of safety than renewing these exemptions would do not have access to the internet, you was maintained prior to being granted; achieve a level of safety equivalent to, may view the docket online by visiting or (3) continuation of the exemption or greater than, the level that would be Dockets Operations in Room W12–140 would not be consistent with the goals achieved by complying with on the ground floor of the DOT West and objectives of 49 U.S.C. 31136(e) and § 391.41(b)(11). Building, 1200 New Jersey Avenue SE, 31315(b). The physical qualification standard Washington, DC 20590–0001, between 9 for drivers regarding hearing found in Larry W. Minor, a.m. and 5 p.m. ET, Monday through 391.41(b)(11) states that a person is Associate Administrator for Policy. Friday, except Federal holidays. To be physically qualified to drive a CMV if [FR Doc. 2021–02014 Filed 1–29–21; 8:45 am] sure someone is there to help you, that person first perceives a forced BILLING CODE 4910–EX–P please call (202) 366–9317 or (202) 366– whispered voice in the better ear at not 9826 before visiting Dockets Operations. less than 5 feet with or without the use B. Privacy Act of a hearing aid or, if tested by use of DEPARTMENT OF TRANSPORTATION an audiometric device, does not have an In accordance with 5 U.S.C. 553(c), average hearing loss in the better ear Federal Motor Carrier Safety DOT solicits comments from the public greater than 40 decibels at 500 Hz, 1,000 Administration to better inform its rulemaking process. DOT posts these comments, without Hz, and 2,000 Hz with or without a [FMCSA Docket No. FMCSA–2020–0052] hearing aid when the audiometric edit, including any personal information device is calibrated to American Qualification of Drivers; Exemption the commenter provides, to National Standard (formerly ASA Applications; Epilepsy and Seizure www.regulations.gov, as described in Standard) Z24.5—1951. Disorders the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at This standard was adopted in 1970 AGENCY: Federal Motor Carrier Safety www.dot.gov/privacy. and was revised in 1971 to allow drivers Administration (FMCSA), Department to be qualified under this standard II. Background of Transportation (DOT). while wearing a hearing aid, 35 FR ACTION: Notice of final disposition. On December 11, 2020, FMCSA 6458, 6463 (April 22, 1970) and 36 FR published a notice announcing receipt 12857 (July 3, 1971). SUMMARY: FMCSA announces its of applications from three individuals III. Discussion of Comments decision to exempt three individuals requesting an exemption from the from the requirement in the Federal epilepsy and seizure disorders FMCSA received no comments in this Motor Carrier Safety Regulations prohibition in 49 CFR 391.41(b)(8) and proceeding. (FMCSRs) that interstate commercial requested comments from the public (85

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7775

FR 8022). The public comment period reviewed the treating clinician’s VI. Preemption ended on January 11, 2021, and one medical opinion related to the ability of During the period the exemption is in comments was received. the driver to safely operate a CMV with effect, no State shall enforce any law or FMCSA has evaluated the eligibility a history of seizure and each applicant’s regulation that conflicts with this of these applicants and determined that driving record found in the Commercial exemption with respect to a person granting exemptions to these Driver’s License Information System for operating under the exemption. individuals would achieve a level of commercial driver’s license (CDL) safety equivalent to, or greater than, the holders, and interstate and intrastate VII. Conclusion level that would be achieved by inspections recorded in the Motor Based upon its evaluation of the three complying with § 391.41(b)(8). Carrier Management Information exemption applications, FMCSA The physical qualification standard System. For non-CDL holders, the exempts the following drivers from the for drivers regarding epilepsy found in Agency reviewed the driving records epilepsy and seizure disorder § 391.41(b)(8) states that a person is from the State Driver’s Licensing prohibition, § 391.41(b)(8), subject to the physically qualified to drive a CMV if Agency (SDLA). A summary of each requirements cited above: that person has no established medical applicant’s seizure history was Dylan C. Hill (KS) history or clinical diagnosis of epilepsy discussed in the December 11, 2020, James R. Satterlee (MI) or any other condition which is likely Federal Register notice (85 FR 80222) Robert G. Schauer, III (IA) to cause the loss of consciousness or any and will not be repeated in this notice. In accordance with 49 U.S.C. loss of ability to control a CMV. These three applicants have been 31315(b), each exemption will be valid In addition to the regulations, FMCSA seizure-free over a range of eight to 19 for 2 years from the effective date unless has published advisory criteria 1 to years while taking anti-seizure revoked earlier by FMCSA. The assist medical examiners (MEs) in medication and maintained a stable exemption will be revoked if the determining whether drivers with medication treatment regimen for the following occurs: (1) The person fails to certain medical conditions are qualified last 2 years. In each case, the applicant’s comply with the terms and conditions to operate a CMV in interstate treating physician verified his or her of the exemption; (2) the exemption has commerce. seizure history and supports the ability resulted in a lower level of safety than III. Discussion of Comments to drive commercially. was maintained prior to being granted; FMCSA received one comments in The Agency acknowledges the or (3) continuation of the exemption this proceeding. The comment received potential consequences of a driver would not be consistent with the goals was outside the scope of this notice. experiencing a seizure while operating a and objectives of 49 U.S.C. 31136(e) and CMV. However, the Agency believes the 31315(b). IV. Basis for Exemption Determination drivers granted this exemption have Larry W. Minor, Under 49 U.S.C. 31136(e) and demonstrated that they are unlikely to Associate Administrator for Policy. 31315(b), FMCSA may grant an have a seizure and their medical exemption from the FMCSRs for no condition does not pose a risk to public [FR Doc. 2021–02018 Filed 1–29–21; 8:45 am] longer than a 5-year period if it finds safety. BILLING CODE 4910–EX–P such exemption would likely achieve a Consequently, FMCSA finds that in each case exempting these applicants level of safety that is equivalent to, or DEPARTMENT OF TRANSPORTATION greater than, the level that would be from the epilepsy and seizure disorder achieved absent such exemption. The prohibition in § 391.41(b)(8) is likely to Federal Motor Carrier Safety statute also allows the Agency to renew achieve a level of safety equal to that Administration exemptions at the end of the 5-year existing without the exemption. [Docket No. FMCSA–2000–7363; FMCSA– period. FMCSA grants medical V. Conditions and Requirements exemptions from the FMCSRs for a 2- 2002–12844; FMCSA–2004–17195; FMCSA– The terms and conditions of the 2004–18885; FMCSA–2004–19477; FMCSA– year period to align with the maximum 2006–26066; FMCSA–2008–0106; FMCSA– duration of a driver’s medical exemption are provided to the 2008–0231; FMCSA–2010–0354; FMCSA– certification. applicants in the exemption document 2011–0379; FMCSA–2014–0007; FMCSA– The Agency’s decision regarding these and includes the following: (1) Each 2014–0010; FMCSA–2014–0299; FMCSA– exemption applications is based on the driver must remain seizure-free and 2016–0033; FMCSA–2016–0209; FMCSA– 2007 recommendations of the Agency’s maintain a stable treatment during the 2016–0347; FMCSA–2018–0017; FMCSA– Medical Expert Panel (MEP). The 2-year exemption period; (2) each driver 2018–0018; FMCSA–2018–0208] Agency conducted an individualized must submit annual reports from their assessment of each applicant’s medical treating physicians attesting to the Qualification of Drivers; Exemption information, including the root cause of stability of treatment and that the driver Applications; Vision the respective seizure(s) and medical has remained seizure-free; (3) each AGENCY: Federal Motor Carrier Safety information about the applicant’s driver must undergo an annual medical Administration (FMCSA), DOT. seizure history, the length of time that examination by a certified ME, as ACTION: Notice of final disposition. has elapsed since the individual’s last defined by § 390.5; and (4) each driver seizure, the stability of each individual’s must provide a copy of the annual SUMMARY: FMCSA announces its treatment regimen and the duration of medical certification to the employer for decision to renew exemptions for 26 time on or off of anti-seizure retention in the driver’s qualification individuals from the vision requirement medication. In addition, the Agency file, or keep a copy of his/her driver’s in the Federal Motor Carrier Safety qualification file if he/she is self- Regulations (FMCSRs) for interstate 1 These criteria may be found in APPENDIX A TO employed. The driver must also have a commercial motor vehicle (CMV) PART 391—MEDICAL ADVISORY CRITERIA, copy of the exemption when driving, for drivers. The exemptions enable these section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4, and 5, which is available on the internet at https:// presentation to a duly authorized individuals to continue to operate CMVs www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/ Federal, State, or local enforcement in interstate commerce without meeting CFR-2015-title49-vol5-part391-appA.pdf. official. the vision requirement in one eye.

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7776 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

DATES: Each group of renewed II. Background 79 FR 73689; 81 FR 1474; 81 FR 48493; exemptions were applicable on the On November 30, 2020, FMCSA 81 FR 59266; 81 FR 70251; 81 FR 74494; dates stated in the discussions below published a notice announcing its 81 FR 81230; 81 FR 90050; 81 FR 96165; and will expire on the dates provided decision to renew exemptions for 26 81 FR 96178; 81 FR 96180; 83 FR 28325; below. individuals from the vision requirement 83 FR 34661; 83 FR 40638; 83 FR 45750; 83 FR 53724; 83 FR 53727; 83 FR 56137; FOR FURTHER INFORMATION CONTACT: Ms. in 49 CFR 391.41(b)(10) to operate a CMV in interstate commerce and 83 FR 60954; 84 FR 2305; 84 FR 2311; Christine A. Hydock, Chief, Medical 84 FR 2326; 84 FR 2328): Programs Division, (202) 366–4001, requested comments from the public (85 FR 76652). The public comment period Darrin E. Bogert (NY) [email protected], FMCSA, ended on December 30, 2020, and one Ronald A. Bolyard (WV) Department of Transportation, 1200 comment was received. Robert J. Clarke (NY) New Jersey Avenue SE, Room W64–224, FMCSA has evaluated the eligibility Lane D. Fuller (KS) Washington, DC 20590–0001. Office of these applicants and determined that J.W. Keener (PA) hours are from 8:30 a.m. to 5 p.m. ET, renewing these exemptions would Darrell D. Kropf (CA) Donald L. Minney (OH) Monday through Friday, except Federal achieve a level of safety equivalent to, Donald L. Nisbet (WA) holidays. If you have questions or greater than, the level that would be regarding viewing or submitting Jose H. Rivas (NM) achieved by complying with the current Pedro T. Tellez Alvarez (CA) material to the docket, contact Dockets regulation § 391.41(b)(10). Operations, (202) 366–9826. Roy F. Varnado, Jr. (LA) The physical qualification standard Wade W. Ward (WY) SUPPLEMENTARY INFORMATION: for drivers regarding vision found in Christopher R. Whitson (NC) § 391.41(b)(10) states that a person is I. Public Participation The drivers were included in docket physically qualified to drive a CMV if numbers FMCSA–2000–7363; FMCSA– A. Viewing Documents and Comments that person has distant visual acuity of 2008–0106; FMCSA–2008–0231; at least 20/40 (Snellen) in each eye FMCSA–2011–0379; FMCSA–2014– To view comments, as well as any without corrective lenses or visual 0007; FMCSA–2014–0010; FMCSA– documents mentioned in this notice as acuity separately corrected to 20/40 2016–0033; FMCSA–2016–0209; being available in the docket, go to (Snellen) or better with corrective FMCSA–2016–0347; FMCSA–2018– http://www.regulations.gov. Insert the lenses, distant binocular acuity of a least 0017; FMCSA–2018–0018; FMCSA– docket number, FMCSA–2000–7363; 20/40 (Snellen) in both eyes with or 2018–0208. Their exemptions were FMCSA–2002–12844; FMCSA–2004– without corrective lenses, field of vision ° applicable as of January 3, 2021, and 17195; FMCSA–2004–18885; FMCSA– of at least 70 in the horizontal meridian will expire on January 3, 2023. 2004–19477; FMCSA–2006–26066; in each eye, and the ability to recognize As of January 9, 2021, and in FMCSA–2008–0106; FMCSA–2008– the colors of traffic signals and devices accordance with 49 U.S.C. 31136(e) and 0231; FMCSA–2010–0354; FMCSA– showing red, green, and amber. 31315, the following four individuals 2011–0379; FMCSA–2014–0007; III. Discussion of Comments have satisfied the renewal conditions for FMCSA–2014–0010; FMCSA–2014– obtaining an exemption from the vision FMCSA received one comment in this 0299; FMCSA–2016–0033; FMCSA– requirement in the FMCSRs for proceeding. An anonymous individual 2016–0209; FMCSA–2016–0347; interstate CMV drivers (71 FR 63379; 72 submitted a comment in support of the FMCSA–2018–0017; FMCSA–2018– FR 1051; 73 FR 78423; 75 FR 79083; 77 Agency’s decision to grant the 0018; FMCSA–2018–0208, in the FR 74734; 79 FR 73686; 81 FR 96165; exemptions. keyword box, and click ‘‘Search.’’ Next, 84 FR 2311): click the ‘‘Open Docket Folder’’ button IV. Conclusion David L. Cattoor (NV) and choose the document to review. If Based on its evaluation of the 26 Ronald C. Morris (NV) you do not have access to the internet, renewal exemption applications and Kevin L. Truxell (FL) you may view the docket online by comments received, FMCSA confirms Lee A. Wiltjer (IL) visiting Dockets Operations in Room its decision to exempt the following The drivers were included in docket W12–140 on the ground floor of the drivers from the vision requirement in number FMCSA–2006–26066. Their DOT West Building, 1200 New Jersey § 391.41(b)(10). exemptions were applicable as of Avenue SE, Washington, DC 20590– In accordance with 49 U.S.C. 31136(e) January 9, 2021, and will expire on 0001, between 9 a.m. and 5 p.m. ET, and 31315(b), the following groups of January 9, 2023. Monday through Friday, except Federal drivers received renewed exemptions in As of January 10, 2021, and in holidays. To be sure someone is there to the month of January and are discussed accordance with 49 U.S.C. 31136(e) and help you, please call (202) 366–9317 or below. As of January 3, 2021, and in 31315, the following two individuals (202) 366–9826 before visiting Dockets accordance with 49 U.S.C. 31136(e) and have satisfied the renewal conditions for Operations. 31315, the following 13 individuals obtaining an exemption from the vision B. Privacy Act have satisfied the renewal conditions for requirement in the FMCSRs for obtaining an exemption from the vision interstate CMV drivers (79 FR 73397; 80 In accordance with 5 U.S.C. 553(c), requirement in the FMCSRs for FR 9304; 81 FR 96165; 84 FR 2311): DOT solicits comments from the public interstate CMV drivers (65 FR 45817; 65 Jesse L. Lichtenberger (PA) to better inform its rulemaking process. FR 77066; 67 FR 71610; 69 FR 64810; Frederick E. Schaub (IA) DOT posts these comments, without 71 FR 66217; 73 FR 35201; 73 FR 46973; The drivers were included in docket edit, including any personal information 73 FR 48275; 73 FR 54889; 73 FR 74565; number FMCSA–2014–0299. Their the commenter provides, to 75 FR 44051; 75 FR 77949; 75 FR 77951; exemptions were applicable as of www.regulations.gov, as described in 77 FR 15184; 77 FR 27850; 77 FR 46153; January 10, 2021, and will expire on the system of records notice (DOT/ALL– 77 FR 68202; 77 FR 74730; 79 FR 21996; January 10, 2023. 14 FDMS), which can be reviewed at 79 FR 38659; 79 FR 46153; 79 FR 51643; As of January 12, 2021, and in www.transportation.gov/privacy. 79 FR 53514; 79 FR 64001; 79 FR 65759; accordance with 49 U.S.C. 31136(e) and

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7777

31315, the following three individuals In accordance with 49 U.S.C. SUPPLEMENTARY INFORMATION: have satisfied the renewal conditions for 31315(b), each exemption will be valid Background obtaining an exemption from the vision for 2 years from the effective date unless requirement in the FMCSRs for revoked earlier by FMCSA. The As a result of Title IV, Subtitle B of interstate CMV drivers (69 FR 53493; 69 exemption will be revoked if the the Safe, Accountable, Flexible, FR 64742; 71 FR 62148; 73 FR 61925; following occurs: (1) The person fails to Efficient, Transportation Equity Act: A 75 FR 59327; 75 FR 72863; 76 FR 2190; comply with the terms and conditions Legacy for Users (SAFETEA–LU) (Pub. 77 FR 74273; 79 FR 73687; 81 FR 96165; of the exemption; (2) the exemption has L. 109–59) and a petition for rulemaking 84 FR 2311): resulted in a lower level of safety than from the American Moving and Storage 1 Thomas L. Oglesby (GA) was maintained prior to being granted; Association, FMCSA amended then- David W. Ward (NC) or (3) continuation of the exemption existing regulations for brokers in a final Ralph W. York (NM) would not be consistent with the goals rule titled, ‘‘Brokers of Household Goods Transportation by Motor The drivers were included in docket and objectives of 49 U.S.C. 31136(e) and 31315(b). Vehicles,’’ (75 FR 72987, Nov. 29, 2010). numbers FMCSA–2004–18885; The 2010 rule revised 49 CFR part 371 FMCSA–2010–0354. Their exemptions Larry W. Minor, by providing additional consumer were applicable as of January 12, 2021, Associate Administrator for Policy. protection responsibilities for brokers of and will expire on January 12, 2023. [FR Doc. 2021–02016 Filed 1–29–21; 8:45 am] Household Goods (HHG). As of January 14, 2021, and in BILLING CODE 4910–EX–P Section 4212 of SAFETEA–LU directs accordance with 49 U.S.C. 31136(e) and the Secretary to require HHG brokers to 31315, the following individual has provide potential shippers with satisfied the renewal conditions for DEPARTMENT OF TRANSPORTATION information throughout the various obtaining an exemption from the vision stages of their interaction. The below requirement in the FMCSRs for Federal Motor Carrier Safety summarizes the information collection interstate CMV drivers (69 FR 64806; 70 Administration required of the HHG broker at the FR 2705; 72 FR 1056; 73 FR 76439; 75 [Docket No. FMCSA–2020–0111] various interaction stages between the FR 79084; 77 FR 75496; 79 FR 74169; HHG broker and shippers as laid out by 81 FR 96165; 84 FR 2311): Agency Information Collection 49 CFR part 371, subpart B. Francis M. McMullin (PA) Activities; Revision of an Approved I. First Phase: ‘‘Prospecting’’ The driver was included in docket Information Collection: Practices of number FMCSA–2004–19477. The Household Goods Brokers When HHG shippers are looking to exemption was applicable as of January procure HHG brokers’ services, brokers AGENCY: Federal Motor Carrier Safety 14, 2021, and will expire on January 14, must collect the following information Administration (FMCSA), U.S. 2023. and display it on their websites and Department of Transportation (DOT). solicitation materials: As of January 17, 2021, and in • accordance with 49 U.S.C. 31136(e) and ACTION: Notice and request for Their physical address (49 CFR 31315, the following individual has comments. 371.107(a)); • Their U.S. DOT number(s) and MC satisfied the renewal conditions for SUMMARY: In accordance with the number (49 CFR 371.107(b)); obtaining an exemption from the vision Paperwork Reduction Act of 1995, • A statement indicating that they requirement in the FMCSRs for FMCSA announces its plan to submit will not transport the shipper’s goods interstate CMV drivers (67 FR 68719; 68 the Information Collection Request (ICR) but will only arrange for goods to be FR 2629; 69 FR 71100; 72 FR 1053; 73 described below to the Office of transported by a registered motor carrier FR 76440; 75 FR 80887; 77 FR 76167; Management and Budget (OMB) for (49 CFR 371.107(c)); 79 FR 74168; 81 FR 96165; 84 FR 2311): review and approval. • If brokers choose to publish rates on Howard F. Breitkreutz (MN) DATES: Please send your comments by their websites or solicitation materials, The driver was included in docket March 3, 2021. OMB must receive your the broker must also publish a statement number FMCSA–2002–12844. The comments by this date in order to act that the rates are based on a motor exemption was applicable as of January quickly on the ICR. carrier’s publicly available rates (49 CFR 17, 2021, and will expire on January 17, ADDRESSES: 371.107(d)); Written comments and • 2023. recommendations for the proposed If brokers choose to publish a list of As of January 31, 2021, and in information collection should be sent motor carriers with whom they work, accordance with 49 U.S.C. 31136(e) and within 30 days of publication of this the list must only be a list of motor 31315, the following two individuals notice to www.reginfo.gov/public/do/ carriers with whom brokers have have satisfied the renewal conditions for agreements (49 CFR 371.107(e)); and PRAMain. Find this particular • obtaining an exemption from the vision information collection by selecting Brokers must publish information requirement in the FMCSRs for ‘‘Currently under 30-day Review—Open regarding their cancellation policies, interstate CMV drivers (69 FR 17263; 69 for Public Comments’’ or by using the including information on deposits and FR 31447; 70 FR 44946; 71 FR 43557; search function. refunds (49 CFR 371.117(a)). 73 FR 42403; 75 FR 38602; 75 FR 72863; FOR FURTHER INFORMATION CONTACT: II. Second Phase: ‘‘Contact’’ 76 FR 2190; 78 FR 800; 80 FR 603; 81 Monique Riddick, Commercial FR 96165; 84 FR 2311): When HHG shippers make reasonable Enforcement and Investigations requests seeking additional information Jose M. Suarez (TX) Division, U.S. Department of Richard L. Zacher (OR) Transportation, Federal Motor Carrier 1 As of August 8, 2020, the American Moving and The drivers were included in docket Safety Administration, West Building, Storage Association (AMSA) announced AMSA will numbers FMCSA–2004–17195; 6th Floor, MC–ECC, 1200 New Jersey join the American Trucking Associations (ATA) as the Moving & Storage Conference. Retrieved January FMCSA–2010–0354. Their exemptions Avenue SE, Washington, DC 20590– 1, 2021 from: https://www.moving.org/amsa-to- were applicable as of January 31, 2021, 0001. Telephone: 202–366–8045; email become-conference-of-american-trucking- and will expire on January 31, 2023. [email protected]. associations/.

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7778 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

about broker services, the HHG brokers used by prospective HHG shippers to Estimated Number of Responses: must collect the following information make informed decisions about 500,084 responses. and distribute it to HHG shippers: contracts, services ordered, executed, Expiration Date: January 31, 2021. 1. A list of motor carriers with whom and settled. The HHG broker is often the Frequency of Response: On occasion. it has agreements (49 CFR 371.109(a)); earliest contact for individual HHG Estimated Total Annual Burden: and shippers in an interstate moving 72,808 hours. 2. A statement indicating the broker is transaction; therefore, it makes sense for Public Comments Invited: You are not a motor carrier and that the broker HHG brokers to provide HHG shippers asked to comment on any aspect of this is only arranging transportation of the with consumer protection information. information collection, including: (1) shipper’s goods (49 CFR 371.109(b)). FMCSA revises the total annual Whether the proposed collection is burden to 72,808 hours. This is a 2,723 necessary for the FMCSA to perform its III. Third Phase: ‘‘Estimate’’ annual burden hour increase from the functions; (2) the accuracy of the When HHG shippers request currently approved 70,085 annual estimated burden; (3) ways for the estimates, the HHG brokers must collect burden estimate. This increase is due to FMCSA to enhance the quality, the following information and distribute the following: (1) The previous iteration usefulness, and clarity of the collected it to HHG shippers and/or store the did not account for the time brokers use information; and (4) ways that the information received: to complete a ‘‘waiver’’ should shippers burden could be minimized without 1. FMCSA’s published information choose to waive their rights to a reducing the quality of the collected materials: (1) ‘‘Ready to Move?—Tips physical survey, if applicable to a information. for a Successful Interstate Move’’ and (2) shipper, as required by 49 CFR Issued under the authority delegated in 49 ‘‘Your Rights and Responsibilities When 371.113(c)(1), (c)(2), and (c)(3); (2) the CFR part 1.87. you Move’’ (49 CFR 371.111(a)(1),(a)(2), previous iteration did not clarify a Thomas P. Keane, & (a)(3)); reproducible frequency formula used to Associate Administrator, Office of Research 2. A document signed by the shipper, calculate the number of times brokers and Registration. showing he/she received FMCSA’s collect information and submit [FR Doc. 2021–02021 Filed 1–29–21; 8:45 am] published information material (49 CFR information to shippers. To produce a BILLING CODE 4910–EX–P 371.111(c)); reproducible frequency formula, the 3. A written estimate based on the updated information collection motor carrier’s physical survey of introduced the concept of ‘‘phases,’’ DEPARTMENT OF THE TREASURY household items (49 CFR 371.113(a)), which created a frequency number with estimates based on published based on business interactions between Financial Crimes Enforcement Network motor carrier rates (49 CFR 371.113(b)); brokers and shippers as explained 4. If applicable, the shipper must sign above; and (3) FMCSA’s records Agency Information Collection a ‘‘Waiver’’ receipt, showing he/she has indicate the number of household goods Activities; Proposed Renewal; waived his/her right to a physical brokers increased from 543 brokers to Comment Request; Renewal Without survey of his/her household items by 652 brokers. Change of Regulations Requiring the motor carrier. The HHG broker must In addition to the above, an Additional Records To Be Made and collect the ‘‘Waiver’’ receipt and store adjustment was made to this ICR Retained by Dealers in Foreign the record (49 CFR 371.113(b)). revision from the previous ICR renewal Exchange and Additional Records To IV. Fourth Phase: ‘‘Agreement’’ with regards to the annual hourly Be Made and Retained by Brokers or burden estimate for broker ‘‘transaction Dealers in Securities Should the shipper find the shipping records’’(49 CFR 371.3). The annual AGENCY: estimate and broker services reasonable hourly burden was removed from this Financial Crimes Enforcement and wish to contract the broker’s ICR revision because the burden is for Network (FinCEN), Treasury. services, the two parties must enter into the collection of information that the ACTION: Notice and request for an agreement. At this point, it is broker would ordinarily record for other comments. standard practice for shippers to pay standard business practices such as tax either a deposit or make full payment. SUMMARY: As part of its continuing effort purposes. As a result, the associated to reduce paperwork and respondent However, before collecting any annual hourly burden estimate is payment, the broker must collect the burden, FinCEN invites comments on removed. The previous ICR accounted the proposed renewal, without change, following information and distribute it 2 32,580 annual burden hours for of a currently approved information to the HHG shipper: ‘‘transaction records,’’ while this ICR • An agreement document with collections found in existing Bank revises the annual burden to 0 hours. Secrecy Act regulations. Specifically, required specifications as laid out by 49 Title: Practices of Household Goods CFR 371.115; and the regulations require dealers in foreign • Brokers. exchange and brokers or dealers in An agreement document which OMB Control Number: 2126–0048. highlights the broker’s and/or motor Type of Request: Revision of currently securities to secure and maintain a carrier’s refund policy for cancellation approved collection. record of the taxpayer identification of agreements (49 CFR 371.117(a)). Respondents: Brokers of Household number for individuals for whom a The information provided in phases I, Goods. transaction or brokerage account is II, III, and IV supports the requirements Estimated Number of Respondents: opened, or for whom a line of credit is of 49 CFR part 371, subpart B, and the 652. extended, subject to certain exceptions. Department’s secondary mission to The regulations also require that the support HHG consumer protection. 2 FMCSA derived the annual hourly burden by dealers in foreign exchange and brokers The complete collection of applying the following formula: Time spent on or dealers in securities retain originals information required by the referenced shipper transaction record keeping per day × or copies of specified documents number of work days × the number of brokers. The final rule assists HHG shippers in their calculation was 15 minutes per day × 240 workdays relating to account and transaction business dealings with interstate HHG × 543 brokers, which resulted in an annual burden records. Although no changes are brokers. The information collected is of 32,580 hours. proposed to the information collections

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7779

themselves, this request for comments implement anti-money laundering each deposit or security account, covers a future expansion of the scope (AML) programs and compliance containing specified items of of the annual hourly burden and cost procedures.1 Regulations implementing information about the customer estimate associated with these the BSA appear at 31 CFR Chapter X. (including a record of the actual owner regulations. This request for comments The authority of the Secretary to of the account if customer accounts are is made pursuant to the Paperwork administer the BSA has been delegated maintained in a code name); (5) each 2 Reduction Act of 1995. to the Director of FinCEN. item, including checks, drafts, and DATES: Written comments are welcome, a. 31 CFR 1022.410—Additional transfers of credit, of more than $10,000 and must be received on or before April Records To Be Made and Retained by remitted or transferred to a person, 2, 2021 Dealers in Foreign Exchange account, or place outside the United ADDRESSES: Comments may be 31 CFR 1022.410(a) requires a dealer States; (6) a record of each receipt of submitted by any of the following in foreign exchange to make and currency, other monetary instruments, methods: maintain a record of the taxpayer investment securities and checks, and of • Federal E-rulemaking Portal: http:// identification number of certain persons each transfer of funds or credit, of more www.regulations.gov. Follow the for whom a transaction account is than $10,000 received on any one instructions for submitting comments. opened or a line of credit is extended, occasion directly and not through a Refer to Docket Number FINCEN–2021– within 30 days of opening such an domestic financial institution, from any 0003 and the specific Office of account or extending such a line of person, account, or place outside the Management and Budget (OMB) control credit, or longer if the person has United States; (7) records prepared or numbers 1506–0052 and 1506–0053. applied for a taxpayer identification or • Mail: Policy Division, Financial received by the dealer in foreign social security number. A dealer in Crimes Enforcement Network, P.O. Box exchange in the ordinary course of foreign exchange must also maintain a 39, Vienna, VA 22183. Refer to Docket business that would be needed to list containing the names, addresses, reconstruct an account and trace a check Number FINCEN–2021–0003 and OMB and account or credit line numbers of control numbers 1506–0052 and 1506– in excess of $100 deposited in such an those persons from whom it has been account through its internal 0053. unable to secure such information Please submit comments by one recordkeeping system to its depository despite reasonable efforts. A dealer in method only. Comments will also be institution, or to supply a description of foreign exchange need not attempt to taken into account in FinCEN’s review secure such information if the person is such a deposited check; (8) a record of of existing regulations, consistent with an agency or instrumentality of a the name, address and taxpayer by Treasury’s 2011 Plan for Federal, state, local, or foreign identification number of any person Retrospective Analysis of Existing government using an account for public presenting a certificate of deposit for Rules. All comments submitted in funds, one of several categories of aliens payment, as well as a description of the response to this notice will become a that are not permanent resident aliens, instrument and the date of the matter of public record. Therefore, you or an unincorporated subordinate unit transaction; and (9) a system of books should submit only information that of a tax exempt organization covered by and records that enables the dealer in you wish to make publicly available. a group exemption letter. foreign exchange to prepare an accurate FOR FURTHER INFORMATION CONTACT: The Under 31 CFR 1022.410(b), a dealer in balance sheet and income statement. To FinCEN Regulatory Support Section at foreign exchange must also retain the the extent that these records include 1–800–767–2825 or electronically at original or a copy of nine types of originals or copies of checks, drafts, [email protected]. documents: (1) Statements of accounts monetary instruments, investment SUPPLEMENTARY INFORMATION: from banks, including documents securities, or other similar instruments, representing the entries reflected on I. Statutory and Regulatory Provisions copies of front and back of such such statements; (2) daily work records, instruments must generally be retained.3 The legislative framework generally including documents needed to identify The required records must be referred to as the Bank Secrecy Act and reconstruct currency transactions maintained for five years.4 (BSA) consists of the Currency and with customers and foreign banks; (3) a Financial Transactions Reporting Act of record of each exchange of currency b. 31 CFR 1023.410—Additional 1970, as amended by the Uniting and involving transactions in excess of Records To Be Made and Retained by Strengthening America by Providing $1,000, including the customer’s name Brokers or Dealers in Securities Appropriate Tools Required to Intercept and address (and passport or tax and Obstruct Terrorism Act of 2001 identification number unless received Until October 1, 2003, 31 CFR (USA PATRIOT Act) (Pub. L. 107–56) by mail or common carrier), the date 1023.410(a) required a broker or dealer and other legislation. The BSA is and amount of the transaction, and the in securities to make a record of certain codified at 12 U.S.C. 1829b, 12 U.S.C. currency name, country, and total information. Until October 1, 2008, a 1951–1959, 31 U.S.C. 5311–5314 and amount of each foreign currency; (4) broker or dealer in securities was 5316–5332, and notes thereto, with signature cards or other documents required to maintain all such records, as implementing regulations at 31 CFR evidencing signature authority over well as a list containing the names, Chapter X. addresses, and account or credit line The BSA authorizes the Secretary of 1 Section 358 of the USA PATRIOT Act added numbers of those persons from whom it the Treasury, inter alia, to require language expanding the scope of the BSA to intelligence or counter-intelligence activities to had been unable to secure the required financial institutions to keep records protect against international terrorism. Section 6101 information despite reasonable efforts. and file reports that are determined to of the Anti-Money Laundering Act of 2020 (‘‘the The customer identification program AML Act’’) added language further expanding the have a high degree of usefulness in requirement for brokers or dealers in criminal, tax, and regulatory matters, or scope of the BSA but did not disturb these longstanding purposes. The AML Act is Division F in the conduct of intelligence or of Public Law 116–283 (January 1, 2021). counter-intelligence activities to protect 2 Treasury Order 180–01 (re-affirmed Jan. 14, 3 31 CFR 1010.430(a). against international terrorism, and to 2020). 4 31 CFR 1010.430(d).

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7780 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

securities has effectively superseded OMB Control Numbers: 1506–0052 used in the past assigned a total annual these requirements.5 and 1506–0053. hourly burden estimate, per financial Under 31 CFR 1023.410(b), a broker or Report Number: Not applicable. institution, to multiple recordkeeping dealer in securities must retain an Abstract: FinCEN is issuing this requirements within the regulations. In original or copy of: (1) Each document notice to renew the OMB control Part 3, FinCEN proposes for review and granting signature or trading authority numbers for record-keeping comment a methodology to estimate the over each customer’s account; (2) a requirements for dealers in foreign hourly burden and the cost of a future record of each remittance or transfer of exchange and brokers or dealers in estimate of an annual PRA burden that funds, currency, checks, other monetary securities. includes the burden and cost broken instruments, investment securities, or Affected Public: Businesses or other down by each unique type of credit, of more than $10,000 to a person, for-profit institutions, and non-profit recordkeeping requirement covered by account, or place outside the United institutions. the regulations being renewed. The States; (3) a record of each receipt of Type of Review: methodology also includes identifying • currency, other monetary instruments, Renewal without change of a estimates for the number of transactions investment securities, or checks, and of currently approved information conducted annually, per financial each transfer of funds or credit, of more collection. • institution, which would trigger each than $10,000 on any one occasion, not Propose for review and comment a unique recordkeeping requirement. through a domestic financial institution, renewal of the portion of the PRA Finally, in Part 4, FinCEN solicits input from any person, account, or place burden that has been subject to notice from the public about: (a) The accuracy outside the United States; and (4) each and comment in the past (the of the estimate of the traditional annual record described in paragraphs (1), (2), ‘‘traditional annual PRA burden’’). PRA burden; (b) the method proposed to • Propose for review and comment a (3), (5), (6), (7), (8), and (9) of 17 CFR be more granular in the calculation of future expansion of the scope of the 240.17a–3(a), covering records to be burden per unique recordkeeping PRA burden (the ‘‘future annual PRA made by certain exchange members, requirement, within the regulations, to burden’’). brokers and dealers as identified in 17 establish a future annual PRA burden; CFR 240.17a–3. To the extent that these Frequency: As required. Estimated Number of Respondents: (c) the criteria, metrics, and most records include originals or copies of appropriate questions FinCEN should checks, drafts, monetary instruments, 4,563 financial institutions.9 Estimated Recordkeeping Burden: In consider when researching the investment securities, or other similar information to estimate the future instruments, copies of front and back of Part 1 of this notice, FinCEN describes annual PRA burden, according to the such instruments must generally be the breakdown of the estimated number methodology proposed; and (d) any retained.6 The required records must be of financial institutions, by type, other comments about the regulations maintained for five years.7 affected by each of the regulatory requirements. In Part 2, FinCEN and the current and proposed future II. Paperwork Reduction Act of 1995 proposes for review and comment a hourly burden and cost estimates of 8 (PRA) renewal of the estimate of the traditional these requirements. Title: Additional records to be made annual PRA hourly burden, which Part 1. Breakdown of the Financial and retained by dealers in foreign includes an annual hourly burden Institutions Covered by This Notice exchange and additional records to be estimate per financial institution similar made and retained by brokers or dealers to that used in the past, with the The breakdown of financial in securities (31 CFR 1022.410 and 31 incorporation of a more robust cost institutions, by type, covered by this CFR 1023.410). estimate. The scope and methodology notice is reflected in Table 1 below: TABLE 1—BREAKDOWN OF FINANCIAL INSTITUTIONS COVERED BY THIS NOTICE, BY TYPE OF FINANCIAL INSTITUTION

Number of Type of financial institution financial institutions

Dealers in foreign exchange ...... 10 923 Brokers or dealers in securities ...... 11 3,640

Total number of financial institutions ...... 4,563

Part 2. Traditional Annual PRA Burden account is opened or a line of credit is those persons from whom it has been and Cost extended within 30 days of opening unable to secure such information OMB Control Number 1506–0052 such an account or extending such a despite reasonable efforts. line of credit, or longer if the person has 31 CFR 1022.410(b) 31 CFR 1022.410(a) applied for a taxpayer identification or Each dealer in foreign exchange must social security number. A dealer in Each dealer in foreign exchange must make and maintain a record of the foreign exchange must also maintain a retain the original or a copy of nine taxpayer identification number of list containing the names, addresses, types of documents as described in certain persons for whom a transaction and account or credit line numbers of

5 31 CFR 1023.220. The burden associated with 9 Table 1 below sets forth a breakdown of the available at https://www.fincen.gov/msb-state- these requirement is calculated under OMB control types of financial institutions covered by this selector. number 1506–0034. notice. 11 According to the Securities and Exchange 6 31 CFR 1010.430(a). 10 This number is derived from self-reported Commission (SEC), there were 3,640 brokers or 7 31 CFR 1010.430(d). information in MSB registrations submitted to dealers in securities registered with the SEC, as of 8 Public Law 104–13, 44 U.S.C. 3506(c)(2)(A). FinCEN. FinCEN’s MSB registration database is March 31, 2020.

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7781

Section I—Statutory and Regulatory OMB Control Number 1506–0053 securities, in its most recent control Provisions above. 31 CFR 1023.410(a) number renewal, FinCEN estimated that Due to the challenges of obtaining the the annual recordkeeping burden per As noted above, brokers or dealers in total number of such records required to broker or dealer in securities for these securities have no recordkeeping 14 be maintained by dealers in foreign requirements was 100 hours. FinCEN responsibilities under this provision; continues to estimate that the annual exchange under 31 CFR 1022.410, in its the obligation on brokers or dealers in hourly burden of complying with 31 most recent control number renewal, securities to maintain customer CFR 1023.410 is 100 hours per broker or FinCEN estimated that the annual identification programs pursuant to 31 dealer in securities. recordkeeping burden per dealer in CFR 1023.220 has effectively replaced 3,640 brokers or dealers in foreign exchange for these requirements these responsibilities. securities 15 multiplied by 100 hours, was 16 hours.12 FinCEN continues to 31 CFR 1023.410(b) results in a total annual hourly burden estimate that the annual hourly burden estimate of 364,000 hours. of complying with 31 CFR 1022.410 is Each broker or dealer in securities 16 hours per dealer in foreign exchange. must retain an original or copy of Total Annual Traditional PRA Hourly Burden for OMB Control Numbers 13 certain types of documents as described 923 dealers in foreign exchange 1506–0052 and 1506–0053 multiplied by 16 hours, results in a total in Section I—Statutory and Regulatory annual hourly burden estimate of 14,768 Provisions above. FinCEN’s estimate of the traditional hours. Due to the challenges of obtaining the annual PRA burden, therefore, is total number of such records required to 378,768 hours, as detailed in Table 2 be maintained by brokers or dealers in below:

TABLE 2—BREAKDOWN OF FINANCIAL INSTITUTIONS IMPACTED BY EACH REGULATORY REQUIREMENT, AND THE ESTIMATED TOTAL ANNUAL BURDEN HOURS PER REQUIREMENT

Traditional annual burden Total annual Type of financial institution Number of estimate per burden hours Regulatory requirement impacted by the requirement financial financial per regulatory institutions institution requirement (hours)

31 CFR 1022.410—OMB Control Number Dealers in foreign exchange ...... 923 16 14,768 1506–0052. 31 CFR 1023.410—OMB Control Number Brokers or dealers in securities ...... 3,640 100 364,000 1506–0053.

Total annual hour burden hours ...... 378,768

To calculate the hourly costs of the (providing process oversight); (ii) direct FinCEN calculated the fully-loaded burden estimate, FinCEN identified supervision (reviewing operational-level hourly wage for each of these three roles three roles and corresponding staff work and cross-checking all or a sample by using the median wage estimated by positions involved in maintaining of the work product against supporting the U.S. Bureau of Labor Statistics records as required by 31 CFR 1022.410 documentation); and (iii) clerical work (BLS),16 and computing an additional and 1023.410: (i) General supervision (engaging in recordkeeping). benefits cost as follows:

TABLE 3—FULLY-LOADED HOURLY WAGE BY ROLE AND BLS JOB POSITION FOR ALL FINANCIAL INSTITUTIONS COVERED BY THIS NOTICE

Median hourly Fully-loaded Role BLS-code BLS-name wage Benefit factor hourly wage

General supervision ...... 11–3031 Financial Manager ...... $62.45 1.50 $93.68 Direct supervision ...... 13–1041 Compliance Officer ...... 33.20 1.50 49.80 Clerical work (research, review, and record- 43–3099 Financial Clerk...... 20.40 1.50 30.60 keeping).

FinCEN estimates that, in general and portion of the traditional annual PRA The cost of each hour of burden, on average,17 each role would spend burden, as follows: broken down by role, to produce and different amounts of time on each maintain records as outlined in 31 CFR

12 82 FR 31686, 31687 (July 7, 2017). corresponds to May 2019. For the benefits hourly wage by the benefit factor produces the 13 See Table 1, supra. component of total compensation, see U.S. Bureau fully-loaded hourly wage per position. 17 14 82 FR 31686, 31687 (July 7, 2017). of Labor Statistics, Employer’s Cost per Employee By ‘‘in general,’’ FinCEN means without regard Compensation as of December 2019, available at to outliers (e.g., financial institutions with accounts 15 See Table 1, supra. https://www.bls.gov/news.release/ecec.nr0.htm. The or transactions that require recordkeeping that is 16 The U.S. Bureau of Labor Statistics, ratio between benefits and wages for financial uncommonly higher or lower than those of the Occupational Employment Statistics-National, May activities is $15.95 (hourly benefits)/$32.05 (hourly population at large). By ‘‘on average,’’ FinCEN 2019, available at https://www.bls.gov/oes/ wages) = 0.50. The benefit factor is 1 plus the means the mean of the distribution of each subset tables.htm. The most recent data from the BLS benefit/wages ratio, or 1.50. Multiplying each of the population.

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 7782 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

1022.410 and 31 CFR 1023.410 would be $37.00 as set out in Table 4 below:

TABLE 4—WEIGHTED AVERAGE HOURLY COST OF MAKING AND RETAINING THE RECORDS

General supervision Direct supervision Clerical work Weighted average % Time Hourly cost % Time Hourly cost % Time Hourly cost hourly cost

5% $4.68 15 $7.47 80 $24.48 $37.00 $36.63 rounded to $37.00.

The total estimated cost of the $14,014,416, as reflected in Table 5 traditional annual PRA burden is below:

TABLE 5—TOTAL COST OF TRADITIONAL ANNUAL PRA BURDEN

OMB control No./regulation Hourly burden Hourly cost Total cost

1506–0052 (31 CFR 1022.410) ...... 14,768 $37 $546,416 1506–0053 (31 CFR 1023.410) ...... 364,000 37 13,468,000

Total cost ...... 14,014,416

Part 3. Future Annual PRA Burden understanding of the volume of obtained in these studies also may result In the future, FinCEN will include the transactions that trigger such in a significant variation of the burden and cost for each type of recordkeeping requirements per year by estimated annual PRA burden. recordkeeping requirement covered by dealers in foreign exchange. Estimated Number of Respondents: 4,563 financial institutions, as set out in the regulations being renewed. The 31 CFR 1023.410(b) future burden estimate will also include Table 1. Each broker or dealer in securities estimates of the number of transactions Estimated Total Annual must retain an original or copy of conducted annually per financial Recordkeeping Burden: The estimated certain types of documents as described institution, which trigger each total annual PRA burden is 378,768 in Section I—Statutory and Regulatory recordkeeping requirement. hours, as set out in Table 2. Provisions above. In order to more Estimated Total Annual 31 CFR 1022.410(a) accurately estimate the related PRA Recordkeeping Cost: The estimated total Each dealer in foreign exchange must burden in the future, FinCEN intends to annual PRA cost is $14,014,416, as set make and maintain a record of the obtain a better understanding of the out in Table 5. taxpayer identification number of volume of transactions that trigger such An Agency may not conduct or certain persons for whom a transaction recordkeeping requirements per year by sponsor, and a person is not required to account is opened or a line of credit is brokers or dealers in exchange. respond to, a collection of information extended within 30 days of opening FinCEN does not have the information unless the collection of information such an account or extending such a needed to estimate the number of displays a valid OMB control number. line of credit, or longer if the person has annual transactions that trigger each Records required to be retained under applied for a taxpayer identification or recordkeeping requirement being the BSA must be retained for five years. renewed in this notice. For that reason, social security number. A dealer in Part 4—Request for Comments foreign exchange must also maintain a FinCEN is relying on estimates used in list containing the names, addresses, prior renewals of these OMB control (a) Specific request for comments on and account or credit line numbers of numbers and the applicable regulations. the traditional annual PRA hourly those persons from whom it has been FinCEN further recognizes that after burden and cost. unable to secure such information receiving public comments as a result of despite reasonable efforts. In order to this notice, future annual PRA hourly regulatory obligation of the financial institution. more accurately estimate the related burden and cost estimates may vary Burden for purposes of the PRA does not include significantly. In order to arrive at more the time and financial resources needed to comply PRA burden in the future, FinCEN with an information collection, if the time and intends to obtain a better understanding precise estimates of net BSA hourly resources are for things a business (or other person) of the volume of transaction accounts burden and cost, FinCEN intends to does in the ordinary course of its activities if the and lines of credit opened per year by conduct more granular studies in the agency demonstrates that the reporting activities near future, regarding the types and needed to comply are usual and customary. 5 CFR dealers in foreign exchange. 1320.3(b)(2). For example, depending on the nature volume of transactions conducted of the account or transaction, a financial institution 31 CFR 1022.410(b) annually, which trigger each may be collecting and maintaining some of the As described in greater detail in recordkeeping requirement, and the same information on an account or transaction that Section I—Statutory and Regulatory time it takes to collect and record the is required to be recorded in 31 CFR 1022.410 and information required for each 31 CFR 1023.410 in order to satisfy other Provisions above, each dealer in foreign obligations. Those obligations may include (i) 18 exchange must retain the original or a recordkeeping requirement. The data protecting the financial institution from fraud copy of nine types of documents. In against itself or its customers, (ii) complying with order to more accurately estimate the 18 Net hourly burden and cost are the burden and other non-BSA regulatory requirements such as cost a financial institution incurs to comply with those imposed by the specific Federal functional related PRA burden in the future, requirements that are unique to the BSA, and that regulator, or (iii) maintaining proper accounting FinCEN intends to obtain a better do not support any other business purpose or information.

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7783

FinCEN invites comments on any (1) Complying With 31 CFR 1022.410(a) maintenance, and purchase of services aspect of the traditional annual PRA • to provide information. burden, as set out in Part 2 of this On average, how many transaction notice. In particular, FinCEN seeks accounts or lines of credit does your Kenneth A. Blanco, comments on the adequacy of: (i) dealer in foreign exchange open/extend Director, Financial Crimes Enforcement FinCEN’s assumptions underlying its annually, which trigger the Network. estimate of the burden; (ii) the estimated recordkeeping requirement in 31 CFR [FR Doc. 2021–02064 Filed 1–29–21; 8:45 am] number of hours required by each 1022.410(a)? BILLING CODE 4810–02–P portion of the burden; and (iii) the • On average, how long does it take organizational levels of the financial your dealer in foreign exchange to institution engaged in each portion of collect and retain the records required DEPARTMENT OF THE TREASURY the burden, their estimated hourly to be maintained when you open a remuneration, and the estimated Internal Revenue Service transaction account or extend a line of proportion of participation by each role. FinCEN encourages commenters to credit? Open Meeting of the Taxpayer include any publicly available sources (2) Complying With 31 CFR 1022.410(b) Advocacy Panel’s Special Projects for alternative estimates or Committee; Change methodologies. • On average, how often does your (b) Specific request for comments on dealer in foreign exchange conduct each AGENCY: Internal Revenue Service (IRS), the proposed criteria for determining of the transactions described in 31 CFR Treasury. the scope of a future annual PRA hourly 1022.410(b), as explained in further ACTION: Notice of meeting; change. burden and cost estimate. detail in Section I—Statutory and FinCEN invites comments on any Regulatory Provisions? SUMMARY: In the Federal Register notice aspect of the criteria for a future • estimate of the annual PRA burden, as On average, how long does it take that was originally published on January set out in Part 3 of this notice. your dealer in foreign exchange to 22, 2021, (Volume 86, Number 13, Page (c) Specific request for comments on collect and retain the records required 6740) the time for this meeting has the appropriate criteria, methodology, to be maintained when you conduct one changed from 1:30 p.m. Eastern Time to and questionnaire required to obtain of the transactions described in 31 CFR 11:00 a.m. Eastern Time. All other information to more precisely estimate 1022.410(b)? meeting details remain the unchanged. the future annual PRA hourly burden and cost. (3) Complying With 31 CFR 1023.410(b) DATES: The meeting will be held Wednesday, February 10, 2021. FinCEN invites comments on the most • On average, how often does your appropriate and comprehensive means broker or dealer in securities conduct FOR FURTHER INFORMATION CONTACT: to question financial institutions about each of the transactions described in 31 Antoinette Ross at 1–888–912–1227 or the annual hourly burden and cost CFR 1023.410(b), as explained in further 202–317–4110. attributable solely to the regulations covered by this notice (i.e., the hourly detail in Section I—Statutory and SUPPLEMENTARY INFORMATION: Notice is burden and cost of complying with the Regulatory Provisions? hereby given pursuant to Section recordkeeping requirements imposed • On average, how long does it take 10(a)(2) of the Federal Advisory exclusively by the BSA, which are not your broker or dealer in securities to Committee Act, 5 U.S.C. App. (1988) used to satisfy contractual obligations, collect and retain the records required that an open meeting of the Taxpayer other regulatory requirements, or to be maintained when you conduct one Advocacy Panel’s Special Projects business purposes of the financial of the transactions described in 31 CFR Committee will be held Wednesday, institution). The future annual PRA 1023.410(b)? February 10, 2021, at 11:00 a.m. Eastern hourly burden and cost estimate must (e) General request for comments. Time. The public is invited to make oral take into consideration only the comments or submit written statements Comments submitted in response to information collected and recorded that for consideration. Due to limited time this notice will be summarized and/or is used exclusively to comply with and structure of meeting, notification of included in the request for OMB requirements under 31 CFR 1022.410 intent to participate must be made with and 31 CFR 1023.410. approval. All comments will become a Antoinette Ross. For more information FinCEN seeks comments from the matter of public record. Comments are please contact Antoinette Ross at 1– public regarding any questions we invited on: (i) Whether the collection of 888–912–1227 or 202–317–4110, or should consider posing in future information is necessary for the proper write TAP Office, 1111 Constitution notices, in addition to the specific performance of the functions of the Ave. NW, Room 1509, Washington, DC questions for comment outlined directly agency, including whether the 20224 or contact us at the website: below. Also, due to the difficulty information shall have practical utility; http://www.improveirs.org. The agenda involved in estimating the number of (ii) the accuracy of the agency’s estimate will include various IRS issues. transaction accounts, lines of credit, and of the burden of the collection of transactions that trigger recordkeeping information; (iii) ways to enhance the Dated: January 26, 2021. requirements, as described in this quality, utility, and clarity of the Kevin Brown, notice, FinCEN welcomes any information to be collected; (iv) ways to suggestions as to how to derive these Acting Director, Taxpayer Advocacy Panel. minimize the burden of the collection of estimates by using publicly available [FR Doc. 2021–02007 Filed 1–29–21; 8:45 am] information on respondents, including financial information. BILLING CODE 4830–01–P (d) Specific questions for comment through the use of automated collection associated with making and retaining techniques or other forms of information records required by the regulations technology; and (v) estimates of capital described in this notice: or start-up costs and costs of operation,

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00096 Fmt 4703 Sfmt 9990 E:\FR\FM\01FEN1.SGM 01FEN1 7784 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices

DEPARTMENT OF THE TREASURY (U.S. Toll Free) or 1–888–788–0099 VI. Discussion of the Audit Module (U.S. Toll Free), Meeting ID: 988 1565 Subject Matter Expert Interview—UCR Internal Revenue Service 4454, to listen and participate in this Depository Manager meeting. The website to participate via Open Meeting of the Taxpayer The Subcommittee will discuss and Zoom Meeting and Screenshare is provide comments on the interviews Advocacy Panel’s Tax Forms and https://kellen.zoom.us/j/98815654454. Publications Project Committee; conducted with Audit subject matter STATUS: This meeting will be open to Change experts. the public. VII. Other Items—Subcommittee Chair AGENCY: Internal Revenue Service (IRS), MATTERS TO BE CONSIDERED: The Treasury. Unified Carrier Registration Plan The Subcommittee Chair will call for ACTION: Notice of meeting; change. Education and Training Subcommittee any other items the committee members (the ‘‘Subcommittee’’) will continue its would like to discuss. SUMMARY: In the Federal Register notice work in developing and implementing VIII. Adjournment—Subcommittee that was originally published on January the Unified Carrier Registration Plan Chair 22, 2021, (Volume 86, Number 13, Page and Agreement. The subject matter of 6740) the time for this meeting has this meeting will include: The Subcommittee Chair will adjourn changed from 11:00 a.m. Eastern Time the meeting. to 1:30 p.m. Eastern Time. All other Proposed Agenda The agenda will be available no later meeting details remain the unchanged. I. Call to Order—Subcommittee Chair than 5:00 p.m. Eastern time, January 28, 2021 at: https://plan.ucr.gov. DATES: The meeting will be held The Subcommittee Chair will Wednesday, February 10, 2021. CONTACT PERSON FOR MORE INFORMATION: welcome attendees, call the meeting to Elizabeth Leaman, Chair, Unified FOR FURTHER INFORMATION CONTACT: Fred order, call roll for the Subcommittee, Carrier Registration Plan Board of Smith at 1–888–912–1227 or (202) 317– confirm whether a quorum is present, 3087. Directors, (617) 305–3783, eleaman@ and facilitate self-introductions. board.ucr.gov. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section II. Verification of Publication of Alex B. Leath, Meeting Notice—UCR Executive 10(a)(2) of the Federal Advisory Chief Legal Officer, Unified Carrier Committee Act, 5 U.S.C. App. (1988) Director Registration Plan. that a meeting of the Taxpayer The UCR Executive Director will [FR Doc. 2021–02145 Filed 1–28–21; 11:15 am] Advocacy Panel’s Tax Forms and verify the publication of the meeting BILLING CODE 4910–YL–P Publications Project Committee will be notice on the UCR website and held Wednesday, February 10, 2021 at distribution to the UCR contact list via 1:30 p.m. Eastern Time. The public is email followed by the subsequent DEPARTMENT OF VETERANS invited to make oral comments or publication of the notice in the Federal AFFAIRS submit written statements for Register. consideration. Due to limited time and Advisory Committee on Disability III. Review and Approval of structure of meeting, notification of Compensation, Notice of Meeting Subcommittee Agenda and Setting of intent to participate must be made with Ground Rules—Subcommittee Chair The Department of Veterans Affairs Fred Smith. For more information (VA) gives notice under the Federal please contact Fred Smith at 1–888– For Discussion and Possible Advisory Committee Act, 5 U.S.C. App. 912–1227 or (202) 317–3087, or write Subcommittee Action 2, that a virtual meeting of the Advisory TAP Office, 1111 Constitution Ave. NW, The Subcommittee Agenda will be Committee on Disability Compensation Room 1509, Washington, DC 20224 or reviewed, and the Subcommittee will (the Committee) will begin and end as contact us at the website: http:// consider adoption. follows: www.improveirs.org. Ground Rules Dated: January 26, 2021. Dates Times Kevin Brown, ➢ Subcommittee action only to be taken Acting Director, Taxpayer Advocacy Panel. in designated areas on agenda Tuesday, March 16, 9:00 a.m.–12:00 p.m. 2021. Eastern Standard [FR Doc. 2021–02008 Filed 1–29–21; 8:45 am] IV. Review and Approval of Minutes Time (EST). BILLING CODE 4830–01–P From the December 17, 2020 Meeting— Wednesday, March 9:00 a.m.–12:00 p.m. Subcommittee Chair 17, 2021. EST. For Discussion and Possible UNIFIED CARRIER REGISTRATION The virtual meeting is open to the Subcommittee Action PLAN public. Draft minutes from the December 17, The purpose of the Committee is to Sunshine Act Meeting Notice; Unified 2020 Subcommittee meeting via advise the Secretary of Veterans Affairs Carrier Registration Plan Board teleconference will be reviewed. The on the maintenance and periodic Subcommittee Meeting Subcommittee will consider action to readjustment of the VA Schedule for approve. Rating Disabilities. TIME AND DATE: February 4, 2021, from The Committee is to assemble and Noon to 2:00 p.m., Eastern time. V. Audit Module Development review relevant information relating to PLACE: This meeting will be accessible Discussion With the Education and the nature and character of disabilities via conference call and via Zoom Training Subcommittee—UCR arising during service in the Armed Meeting and Screenshare. Any Operations Director Forces, provide an ongoing assessment interested person may call (i) 1–929– The Subcommittee will discuss and of the effectiveness of the rating 205–6099 (U.S. Toll) or 1–669–900– provide updates on development of the schedule, and give advice on the most 6833 (U.S. Toll) or (ii) 1–877–853–5247 Audit Module. appropriate means of responding to the

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7785

needs of Veterans relating to disability DEPARTMENT OF VETERANS then press #. The meeting passcode is compensation. AFFAIRS 590228, then press #. Individuals The agenda will include, but is not seeking to present oral statements are limited to, briefings on the VA Schedule Advisory Committee: VA National invited to submit a 1–2 page summary for Rating Disabilities and on relevant Academic Affiliations Council, Notice of their comments at the time of the earnings and losses studies. of Meeting meeting for inclusion in the official Time will not be allocated at this meeting record. Oral presentations will virtual meeting for receiving oral The Department of Veterans Affairs be limited to five minutes or less, presentations from the public. However, (VA) gives notice under the Federal interested individuals may submit a one Advisory Committee Act, 5 U.S.C. App. depending on the number of (1) to two (2) page summary of their 2, that the VA National Academic participants. Interested parties may also written statements for the Committee’s Affiliations Council (Council) will meet provide written comments for review by review. Public statements may be via conference call on March 9, from the Council prior to the meeting or at received no later than February 12, 1:00 p.m. to 3:00 p.m. EST. The meeting any time, by email to Larissa.Emory@ 2021; for inclusion in the official is open to the public. va.gov, or by mail to Larissa A. Emory The purpose of the Council is to meeting record. Please send these to PMP, CBP, MS, Designated Federal advise the Secretary on matters affecting Sian Roussel of the Veterans Benefits Officer, Office of Academic Affiliations partnerships between VA and its Administration, Compensation Service (14AA), 810 Vermont Avenue NW, academic affiliates. at [email protected]. On March 9, 2021, the Council will Washington, DC 20420. Any member of Members of the public who wish to receive annual training from the the public wishing to participate or obtain a copy of the agenda should Advisory Committee Management seeking additional information should contact Sian Roussel at Sian.Roussel@ Office; brief on VA modernization contact Ms. Emory via email or by va.gov and provide his/her name, impact on trainee onboarding; status of phone at (915) 269–0465. professional affiliation, email address VA’s Electronic Health Record and phone number. Dated: January 27, 2021. The call-in number for those who implementation; and update from the Jelessa M. Burney, would like to attend the meeting is 1– Strategic Academic Advisory Council (SAAC). The Council will receive public Federal Advisory Committee Management 800–767–1750; access code: 75937#. Officer. comments from 2:45 p.m. to 2:55 p.m. Dated: January 27, 2021. EST. [FR Doc. 2021–02041 Filed 1–29–21; 8:45 am] Jelessa M. Burney, Interested persons may attend and/or BILLING CODE P Federal Advisory Committee Management present oral statements to the Council. Officer. The dial in number to attend the [FR Doc. 2021–02042 Filed 1–29–21; 8:45 am] conference call is: 646–828–7666. At the BILLING CODE P prompt, enter meeting ID 161 601 0099,

VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00098 Fmt 4703 Sfmt 9990 E:\FR\FM\01FEN1.SGM 01FEN1 i

Reader Aids Federal Register Vol. 86, No. 19 Monday, February 1, 2021

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 47 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Executive Orders: Proposed Rules: The United States Government Manual 741–6000 12898 (amended by 2...... 7660 14008) ...... 7619 25...... 7660 Other Services 13895 (revoked by 64...... 7681 Electronic and on-line services (voice) 741–6020 14007) ...... 7615 Privacy Act Compilation 741–6050 14007...... 7615 50 CFR 14008...... 7619 Proposed Rules: ELECTRONIC RESEARCH Administrative Orders: Memorandums: 223...... 7686 World Wide Web Memorandum of 226...... 7686 September 21, 2016 Full text of the daily Federal Register, CFR and other publications (reinstated by EO is located at: www.govinfo.gov. 14008) ...... 7619 Federal Register information and research tools, including Public Inspection List and electronic text are located at: 5 CFR www.federalregister.gov. 2634...... 7635 2636...... 7635 E-mail 17 CFR FEDREGTOC (Daily Federal Register Table of Contents Electronic Mailing List) is an open e-mail service that provides subscribers 240...... 7637 with a digital form of the Federal Register Table of Contents. The digital form of the Federal Register Table of Contents includes 18 CFR HTML and PDF links to the full text of each document. 153...... 7643 To join or leave, go to https://public.govdelivery.com/accounts/ 157...... 7643 USGPOOFR/subscriber/new, enter your email address, then 20 CFR follow the instructions to join, leave, or manage your subscription. Proposed Rules: 655...... 7656 PENS (Public Law Electronic Notification Service) is an e-mail 656...... 7656 service that notifies subscribers of recently enacted laws. To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 25 CFR and select Join or leave the list (or change settings); then follow 575...... 7646 the instructions. Proposed Rules: FEDREGTOC and PENS are mailing lists only. We cannot 1000...... 7656 respond to specific inquiries. 33 CFR Reference questions. Send questions and comments about the Federal Register system to: [email protected] 110...... 7647 117...... 7649 The Federal Register staff cannot interpret specific documents or 165...... 7651 regulations. 37 CFR FEDERAL REGISTER PAGES AND DATE, FEBRUARY 10...... 7653 7615–7786...... 1 39 CFR Proposed Rules: 20...... 7659 43 CFR 10...... 7653

VerDate Sep 11 2014 18:42 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\01FECU.LOC 01FECU ii Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Reader Aids

listserv.gsa.gov/cgi-bin/ wa.exe?SUBED1=PUBLAWS- LIST OF PUBLIC LAWS Public Laws Electronic L&A=1 Notification Service Note: No public bills which (PENS) Note: This service is strictly have become law were for email notification of new received by the Office of the laws. The text of laws is not Federal Register for inclusion PENS is a free email available through this service. in today’s List of Public notification service of newly PENS cannot respond to Laws. enacted public laws. To specific inquiries sent to this Last List January 25, 2021 subscribe, go to https:// address.

VerDate Sep 11 2014 18:42 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4711 E:\FR\FM\01FECU.LOC 01FECU Federal Register / Vol. 86 No. 19 / Monday, February 1, 2021 / Reader Aids iii

TABLE OF EFFECTIVE DATES AND TIME PERIODS—FEBRUARY 2021

This table is used by the Office of the dates, the day after publication is A new table will be published in the Federal Register to compute certain counted as the first day. first issue of each month. dates, such as effective dates and When a date falls on a weekend or comment deadlines, which appear in holiday, the next Federal business day agency documents. In computing these is used. (See 1 CFR 18.17)

DATE OF FR 15 DAYS AFTER 21 DAYS AFTER 30 DAYS AFTER 35 DAYS AFTER 45 DAYS AFTER 60 DAYS AFTER 90 DAYS AFTER PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION

February 1 Feb 16 Feb 22 Mar 3 Mar 8 Mar 18 Apr 2 May 3

February 2 Feb 17 Feb 23 Mar 4 Mar 9 Mar 19 Apr 5 May 3

February 3 Feb 18 Feb 24 Mar 5 Mar 10 Mar 22 Apr 5 May 4

February 4 Feb 19 Feb 25 Mar 8 Mar 11 Mar 22 Apr 5 May 5

February 5 Feb 22 Feb 26 Mar 8 Mar 12 Mar 22 Apr 6 May 6

February 8 Feb 23 Mar 1 Mar 10 Mar 15 Mar 25 Apr 9 May 10

February 9 Feb 24 Mar 2 Mar 11 Mar 16 Mar 26 Apr 12 May 10

February 10 Feb 25 Mar 3 Mar 12 Mar 17 Mar 29 Apr 12 May 11

February 11 Feb 26 Mar 4 Mar 15 Mar 18 Mar 29 Apr 12 May 12

February 12 Mar 1 Mar 5 Mar 15 Mar 19 Mar 29 Apr 13 May 13

February 16 Mar 3 Mar 9 Mar 18 Mar 23 Apr 2 Apr 19 May 17

February 17 Mar 4 Mar 10 Mar 19 Mar 24 Apr 5 Apr 19 May 18

February 18 Mar 5 Mar 11 Mar 22 Mar 25 Apr 5 Apr 19 May 19

February 19 Mar 8 Mar 12 Mar 22 Mar 26 Apr 5 Apr 20 May 20

February 22 Mar 9 Mar 15 Mar 24 Mar 29 Apr 8 Apr 23 May 24

February 23 Mar 10 Mar 16 Mar 25 Mar 30 Apr 9 Apr 26 May 24

February 24 Mar 11 Mar 17 Mar 26 Mar 31 Apr 12 Apr 26 May 25

February 25 Mar 12 Mar 18 Mar 29 Apr 1 Apr 12 Apr 26 May 26

February 26 Mar 15 Mar 19 Mar 29 Apr 2 Apr 12 Apr 27 May 27

VerDate Sep 11 2014 18:22 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4201 Sfmt 4701 E:\FR\FM\01FEEF.LOC 01FEEF