FEDERAL REGISTER
Vol. 86 Tuesday No. 108 June 8, 2021
Pages 30375–30532
OFFICE OF THE FEDERAL REGISTER
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Contents Federal Register Vol. 86, No. 108
Tuesday, June 8, 2021
Antitrust Division PROPOSED RULES NOTICES Airspace Designations and Reporting Points: Proposed Final Judgment and Competitive Impact New Madrid, MO, 30399–30400 Statement: Airworthiness Directives: United States v. Zen-Noh Grain Corporation, et al., Airbus Helicopters, 30395–30398 30479–30494 Gulfstream Aerospace Corporation Airplanes, 30398– 30399 Children and Families Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals: Part 121 Operating Requirements: Domestic, Flag, and Evaluation of Project Connect, 30463 Supplemental Operations, 30513 Head Start Family and Child Experiences Survey, 30463– Voluntarily Implement a Safety Management System, 30465 30514–30515 Land Release Request: Commerce Department Saratoga County Airport (5B2), Ballston Spa, NY, 30513– 30514 See International Trade Administration See National Institute of Standards and Technology Federal Communications Commission See National Oceanic and Atmospheric Administration RULES See Office of the Under-Secretary for Economic Affairs Certification Adopted for Auction of Flexible-Use Service See Patent and Trademark Office Licenses in the 3.45--3.55 Band for Next-Generation Wireless Services (Auction 110), 30389–30391 Drug Enforcement Administration The Uniendo a Puerto Rico Fund and the Connect USVI NOTICES Fund, Connect America Fund, ETC Annual Reports Order Denying Motion to Stay: and Certifications, 30391–30393 Jennifer L. St. Croix, M.D., 30494–30496 Federal Election Commission Education Department NOTICES NOTICES Meetings; Sunshine Act, 30461 Request for Information: Nondiscriminatory Administration of School Discipline, Federal Energy Regulatory Commission 30449–30453 NOTICES Application: Energy Department Pacific Gas and Electric Co., 30457–30458 See Federal Energy Regulatory Commission Verdant Power, LLC, 30458–30459 NOTICES Combined Filings, 30456–30457 Change in Control: Complaint: Cameron LNG, LLC; et al., 30453–30454 Illinois Municipal Electric Agency v. PJM Request for Information: Interconnection, L.L.C., 30459 Hydrogen Program’s Demonstration Opportunities aligned Initial Market-Based Rate Filings Including Requests for with Hydrogen Energy Earthshot initiative, 30454– Blanket Section 204 Authorizations: 30455 Heartland Divide Wind II, LLC, 30459–30460 Preliminary Determination of A Qualifying Conduit Environmental Protection Agency Hydropower Facility and Soliciting Comments and RULES Motions to Intervene: Air Quality State Implementation Plans; Approvals and North Loup River Public Power and Irrigation District, Promulgations: 30455–30456 North Dakota; Revisions to Air Pollution Control Rules; Regional Haze, 30387–30389 Federal Highway Administration NOTICES NOTICES Cryolite and Propazine: Agency Information Collection Activities; Proposals, Product Cancellation Order for Certain Pesticide Submissions, and Approvals, 30515 Registrations, 30460–30461 Federal Maritime Commission Federal Aviation Administration NOTICES RULES Agreements Filed, 30461–30462 Airworthiness Directives: International Aero Engines AG Turbofan Engines, 30380– Federal Railroad Administration 30383 NOTICES MHI RJ Aviation ULC (Type Certificate Previously Held Petition for Extension of Waiver of Compliance, 30516– by Bombardier, Inc.) Airplanes, 30383–30387 30517
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Petition for Waiver of Compliance, 30516 See Drug Enforcement Administration NOTICES Federal Reserve System Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 30498–30499 Change in Bank Control: Agency Information Collection Activities; Proposals, Acquisitions of Shares of a Bank or Bank Holding Submissions, and Approvals: Company, 30462 Community Oriented Policing Services Progress Report, Formations of, Acquisitions by, and Mergers of Bank 30496–30497 Holding Companies, 30462 Improving Customer Experience (OMB Circular A–11, Proposals to Engage in or to Acquire Companies Engaged in Section 280 Implementation), 30497–30498 Permissible Nonbanking Activities, 30462 National Aeronautics and Space Administration Foreign Assets Control Office NOTICES NOTICES Extension of The Registration Deadline: Blocking or Unblocking of Persons and Properties, 30517– Deep Space Food Challenge Phase 1, 30499 30531 National Credit Union Administration Health and Human Services Department NOTICES See Children and Families Administration Meetings; Sunshine Act, 30499 See Health Resources and Services Administration See National Institutes of Health National Endowment for the Arts NOTICES Health Resources and Services Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, CARES Act Funding Survey, 30499–30501 Submissions, and Approvals: Grant Applicant Research and Evaluation Ethics Review, National Survey of Organ Donation Attitudes and 30501 Practices, 30465–30466 National Foundation on the Arts and the Humanities Homeland Security Department See National Endowment for the Arts See U.S. Customs and Border Protection National Institute of Standards and Technology Housing and Urban Development Department NOTICES NOTICES Agency Information Collection Activities; Proposals, Continuation of Demonstration To Test Proposed New Submissions, and Approvals: Method of Assessing the Physical Conditions of Small- and Medium-Sized Business Complex Event Voucher-Assisted Housing, 30468–30469 COVID–19 Survey (Wave 3), 30409–30410
Interior Department National Institutes of Health See National Park Service NOTICES Meetings: Internal Revenue Service Center for Scientific Review; Correction, 30466 NOTICES National Institute of Mental Health, 30466 Meetings: National Institute of Neurological Disorders and Stroke, Tax Administration Advisory Committee, 30531 30466–30467
International Trade Administration National Oceanic and Atmospheric Administration NOTICES RULES Agency Information Collection Activities; Proposals, Fisheries of the Caribbean, Gulf of Mexico, and South Submissions, and Approvals: Atlantic: Application for Export Trade Certificate of Review, 30408 Snapper-Grouper Resources of the South Atlantic; 2021 Antidumping or Countervailing Duty Investigations, Orders, Red Snapper Commercial and Recreational Fishing or Reviews: Seasons, 30393–30394 1,1,1,2-Tetrafluoroethane (R–134a) from the People’s NOTICES Republic of China, 30404–30405 Agency Information Collection Activities; Proposals, Certain Walk-Behind Snow Throwers and Parts Thereof Submissions, and Approvals: from the People’s Republic of China, 30405 Aleutian Islands Pollock Fishery Requirements, 30443 Circular Welded Carbon Steel Pipes and Tubes from Application for Commercial Fisheries Authorization Thailand, 30405–30408 under Section 118 of the Marine Mammal Protection Crystalline Silicon Photovoltaic Products from the Act, 30442–30443 People’s Republic of China, 30409 Applications and Reporting Requirements for the Emulsion Styrene-Butadiene Rubber from Brazil, 30401– Incidental Take of Marine Mammals by Specified 30403 Activities Under the Marine Mammal Protection Act, Narrow Woven Ribbons with Woven Selvedge from 30447–30448 Taiwan, 30403–30404 Atlantic Highly Migratory Species Permit Family of Forms, 30411–30412 Justice Department Coastal Ocean Program Grants Proposal Application See Antitrust Division Package, 30410–30411
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Documentation of Fish Harvest, 30448 Personnel Management Office NOAA Community-based Restoration Program Progress RULES Reports, 30444–30445 Promotion and Internal Placement, 30375–30379 Questionnaire for National Oceanic and Atmospheric NOTICES Administration Federal Financial Assistance Agency Information Collection Activities; Proposals, Applicants, 30445 Submissions, and Approvals: Meetings: Financial Resources Questionnaire and Notice of Amount New England Fishery Management Council, 30445–30447 Due Because Of Annuity Overpayment, 30503–30504 Takes of Marine Mammals Incidental to Specified Activities: Postal Regulatory Commission Elkhorn Slough Tidal Marsh Restoration, Phase II in NOTICES Monterey County, CA, 30412–30418 New Postal Products, 30504–30505 Marine Site Characterization Surveys Offshore of Massachusetts, Rhode Island, Connecticut, and New Securities and Exchange Commission York, 30435–30442 Portsmouth Naval Shipyard Dry Dock 1 Modification and NOTICES Application: Expansion, 30418–30434 Listed Funds Trust and Skyrocket Investments, LLC, Site Characterization Surveys off the Coast of 30505–30508 Massachusetts; Correction, 30434–30435 Self-Regulatory Organizations; Proposed Rule Changes: National Park Service Miami International Securities Exchange, LLC, 30508– NOTICES 30510 Agency Information Collection Activities; Proposals, New York Stock Exchange, LLC, NYSE American, LLC, Submissions, and Approvals: NYSE Arca, Inc., et al., 30510 National Historic Landmarks Nomination Form, 30469– 30470 Small Business Administration Nomination of Properties for Listing in the National NOTICES Register of Historic Places, 30478 Major Disaster Declaration: Intent to Repatriate Cultural Items: Louisiana, 30510–30511 McClure Archives and University Museum, University of Central Missouri, Warrensburg, MO, 30479 Social Security Administration Inventory Completion: NOTICES Arizona Museum of Natural History, Mesa, AZ, 30470– Agency Information Collection Activities; Proposals, 30471 Submissions, and Approvals, 30511 Indiana State Museum and Historic Sites Corporation, State of Indiana, Indianapolis, IN, 30472–30473 Metropolitan Park District of the Toledo Area, Toledo, State Department OH, 30473–30475 NOTICES The University of California, Berkeley; Berkeley, CA, Certification Pursuant to the Department of State, Foreign 30477–30478 Operations, and Related Programs Appropriations Act, University of Pennsylvania Museum of Archaeology and 2021, 30511 Anthropology, Philadelphia, PA, 30475–30476 Culturally Significant Objects Imported for Exhibition: Repatriation of Cultural Items: Legacies of Exchange: Chinese Contemporary Art from The University of California, Berkeley, Berkeley, CA, the Yuz Foundation, 30512 30471–30472 Private Lives: Home and Family in the Art of the Nabis, University of Pennsylvania Museum of Archaeology and Paris, 1889–1900, 30512 Anthropology, Philadelphia, PA, 30476–30477 Surface Transportation Board National Transportation Safety Board NOTICES NOTICES Continuance in Control Exemption: Meetings; Sunshine Act, 30501 Chicago, Rock Island and Pacific Railroad LLC and Gulf and Ship Island Railroad LLC, 30512–30513 Nuclear Regulatory Commission Release of Waybill Data, 30513 NOTICES Order: Transportation Department In the Matter of CampCo Inc., 30501–30503 See Federal Aviation Administration Office of the Under-Secretary for Economic Affairs See Federal Highway Administration NOTICES See Federal Railroad Administration Meetings: NOTICES Advisory Committee on Data for Evidence Building, Removal from the Public Interest Exclusion List: 30401 Elizabeth Betsy Pope d/b/a/ Eastgate Laboratory Testing and Mounir R. Khouri, 30517 Patent and Trademark Office NOTICES Treasury Department Agency Information Collection Activities; Proposals, See Foreign Assets Control Office Submissions, and Approvals: See Internal Revenue Service Fastener Quality Act Insignia Recordal Process, 30449 See United States Mint
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U.S. Customs and Border Protection NOTICES Meetings: Commercial Customs Operations Advisory Committee, Reader Aids 30467–30468 Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice United States Mint of recently enacted public laws. NOTICES Meetings: To subscribe to the Federal Register Table of Contents Citizens Coinage Advisory Committee, 30531 electronic mailing list, go to https://public.govdelivery.com/ accounts/USGPOOFR/subscriber/new, enter your e-mail Veterans Affairs Department address, then follow the instructions to join, leave, or NOTICES manage your subscription. Meetings: National Academic Affiliations Council, 30531–30532
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
5 CFR 335...... 30375 14 CFR 39 (2 documents) ...... 30380, 30383 Proposed Rules: 39 (2 documents) ...... 30395, 30398 71...... 30399 40 CFR 52...... 30387 47 CFR 1...... 30389 27...... 30389 54...... 30391 50 CFR 622...... 30393
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Rules and Regulations Federal Register Vol. 86, No. 108
Tuesday, June 8, 2021
This section of the FEDERAL REGISTER through extended service in the Federal academia, or state and local government contains regulatory documents having general Government and individuals who have that enrich the knowledge, skills, and applicability and legal effect, most of which developed their competencies in the abilities of the employee. Facilitating are keyed to and codified in the Code of private or non-profit sectors can the return to Government of people who Federal Regulations, which is published under enhance each other’s strengths by have broadened their work experience 50 titles pursuant to 44 U.S.C. 1510. sharing knowledge and perspectives. in this way advances the civil service’s The Code of Federal Regulations is sold by DATES: This rule is effective July 8, goal of an effective and efficient the Superintendent of Documents. 2021. government. Apart from providing the FOR FURTHER INFORMATION CONTACT: agency with additional choices in Michelle T. Glynn, Telephone: 202– making selections for current vacancies, OFFICE OF PERSONNEL it enables agencies to build a workforce MANAGEMENT 606–1571, Fax: 202–606–3340, TDD: 202–418–3134, or email: of individuals who bring a variety of knowledge, training, and experiences to 5 CFR PART 335 [email protected]. their work. Accordingly, OPM seeks to SUPPLEMENTARY INFORMATION: On RIN 3206–AN77 remove barriers to reinstating Federal December 26, 2019, the Office of employees who have already competed Promotion and Internal Placement Personnel Management (OPM) published proposed regulations in the for a Federal position once or who AGENCY: Office of Personnel Federal Register at 84 FR 70906 to otherwise meet the service requirement Management. change the criteria for how an agency for career tenure in accordance with 5 CFR 315.201 and reinstatement ACTION: Final rule. may reinstate certain former Federal employees to a position in the eligibility under 5 CFR 315.401, SUMMARY: The Office of Personnel competitive service in part 335 of title performed successfully, and Management (OPM) is issuing final 5, Code of Federal Regulations (CFR). subsequently gained valuable new skills regulations to give agencies, in OPM received 36 comments on the and experiences when they apply to individual hiring processes, the proposed rule: 20 from individuals, 11 positions commensurate with their discretion to select and reinstate certain from Federal agencies, 4 from current level of qualification. former Federal employees, to fill professional associations, and 1 from a One commenter asked whether this vacancies at any grade level or with Federal employees’ union (‘‘the Federal rule waives the three-year time limit on promotion potential for which the Employees’ Union’’). reinstatement eligibility in 5 CFR individual is qualified, notwithstanding Ten individuals, eight Federal 315.401(b) for individuals who did not the grade of the position the individual agencies, and 2 professional complete the requirement for career had previously held on a permanent associations expressed their general tenure. OPM is not waiving the time basis in the competitive service. An support for the proposed changes. limitations in 5 CFR 315.401(b). Former agency will be able to effectuate such Three Federal agencies recommended career-conditional employees are reinstatements non-competitively, OPM place a limitation on the number eligible for reinstatement for three years. pursuant to a job opportunity of times an individual can be Former career employees have lifetime announcement open to outside noncompetitively reinstated under this eligibility for reinstatement. candidates, provided the former hiring authority. OPM is not adopting Another individual commented that employee qualifies for the position as this suggestion because the purpose of an employee who leaves an agency posted. The regulations will help this rule is to broaden choices for an before completing 52 weeks at their agencies to recruit former Federal agency seeking to fill a vacancy by current grade level should not be employees who have developed more enabling an agency to choose to allowed to be reinstated after one year enhanced or higher-level skill-sets than reinstate a former employee, non- to a position at a higher grade level they had when they left government to competitively, when such a former because the employee did not obtain all apply for agency vacancies at grade employee applies for the position and of the knowledge, skills, experience, levels appropriate to their current establishes qualifications at the and training at the lower grade to be knowledge, skills, and abilities. appropriate level, and regardless of the eligible for work at the higher grade. Previously, an agency could reinstate an grade or promotion potential of that OPM agrees, in part, with this comment, individual, without competition, only to employee’s prior Federal position. but it has already addressed through a position at a grade level that was no Limitations on the number of times an existing regulation. Individuals seeking higher than the grade level of a position individual could apply for a position reinstatement to a higher-graded the individual had held on a permanent through this reinstatement authority position under this rule must meet time- basis in the competitive service. could act as a disincentive for in-grade (TIG) restrictions in accordance Reinstatement to a higher-graded individuals who have developed their with 5 CFR part 300 subpart F; position, or to a position with greater knowledge, skills, and abilities through reinstatement is not an exclusion from promotion potential, required experiences outside of the Federal TIG restriction per 5 CFR 315.603(b)(2). competition. The intended effect of this Government to attempt to return to OPM disagrees with the commenter’s hiring authority is to broaden the Federal service. The Federal belief that an individual could not meet choices available to agencies when government can benefit when an the qualifications for higher-graded filling vacant positions and to promote employee leaves Federal service if the work if the requisite education or a workforce in which individuals who employee obtains new experiences in experience was obtained outside of have developed their competencies the private sector, the non-profit sector, Federal employment. OPM has
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concluded that some individuals can employees to come back to Federal invested in the employee when he or and do acquire such skills and or service at higher grade levels she was previously in Federal service experience from work with other noncompetitively when current Federal and recoups the benefit of the additional employers. The proposed regulation employees must compete for higher training and development the person acknowledges this possibility and grade levels. There are many safeguards received while working outside of provides that, when it arises, such built into this enhanced flexibility. This government. It can be a benefit for former employees may apply for flexibility was proposed as a Federal workers to gain new positions at higher levels, or with higher discretionary action under 5 CFR part perspectives on how to best deliver promotion potential, than the positions 335. This means an agency may except agency missions from jobs outside of they previously held, and agencies may reinstatement actions from the government, and OPM seeks to facilitate reinstate such individuals at that grade competitive procedures of part 335 but agencies’ ability to pursue that benefit level, just as agencies do now when is not required to do so. Discretionary by permitting them to select former appointing other individuals from actions must be taken in accordance Federal employees non-competitively, outside the agency’s workforce who with the hiring agency’s merit when they qualify for posted positions, apply under other non-competitive promotion plans pursuant to 5 CFR even if the grade level of or promotion hiring authorities (e.g., when agencies 335.103, and any collective bargaining potential for the position exceeds the hire individuals under the non- agreements the hiring agency has in grade the former employee previously competitive appointment of certain place. Before an agency may select a held. military spouses, or the non-competitive former employee and reinstate him or Seven individuals, two Federal appointment of present and former her to a position at a higher grade level agencies and the Federal Employees’ Peace Corps personnel). OPM believes or with higher promotion potential than Union state the changes will discourage its rationale for this rule is sound: That the position the individual previously current Federal employees, if someone individuals who have previously proven held, the agency must provide public is hired noncompetitively, because their ability to be successful in Federal notice through a job opportunity current Federal employees do not have employment over an extended period announcement, clear its Reemployment the same opportunity to compete for a should be allowed to apply for vacant Priority List (RPL) as well as its Career higher graded position; they believe this positions at the grade level for which Transition Assistance Plans (CTAP), and hiring will be abused. It is more they currently qualify, and agencies Interagency Career Transition accurate to view the two methods of should be able to appoint them, non- Assistance Plans (ICTAP); consider qualifying for selection as counterparts competitively, through this expansion to applicants under the Veterans for two different groups of people with the reinstatement provision. The Employment Opportunities Act of 1998, prior experience in Government. Both presence of restrictions on the grade as amended (VEOA), 5 U.S.C. 3304(f) former successful Federal employees level to which an individual could be and the Land Management Workforce and current successful employees will reinstated could serve as a disincentive Flexibilities Act, as applicable; and have the ability to qualify and be for highly qualified individuals to apply assess whether the individual meets all selected through methods that recognize for positions that would enable them to the knowledge, skills, and abilities they rejoin the Federal workforce. qualifications requirements for the Three Federal agencies and three position to which the individual is have acquired, though through different individuals suggested OPM limit being reinstated. OPM will assess paths. We also note that an agency that reinstatement under this provision to agency use of this flexibility as part of ultimately reinstates an individual to a one grade level higher than the highest its on-going oversight work or will higher grade level or with greater grade level an individual held. OPM is consider whether to conduct a specific promotion potential, using this not adopting this suggestion because the evaluation of this flexibility after it has authority, must first have complied with intent of this rule is to allow individuals been in operation for a year, depending public notice requirements, met CTAP/ to be reinstated at any grade level for on how widely it is used. OPM’s ICTAP procedures, considered other which a position is posted and for purpose in modifying its reinstatement candidates from outside their agency which the individual qualifies. regulation is to expand agency choice by pursuant to the VEOA and Land Four individuals, one professional permitting an agency to select and Management requirements; assessed association, one Federal agency, and the reinstate into Government former that the individual met all qualifications Federal Employees’ Union stated this successful Federal employees who have requirements; and concluded that the proposed rule should also apply to obtained new knowledge, skills, and former employee was the candidate current Federal employees who have abilities from outside government that with the highest relative level of completed one year of service after a qualifies them for the positions posted. knowledge, skills, and experience, in competitive appointment and were An agency may also consider and select accordance with the Merit Systems rated at least fully successful on their from among candidates who qualified Principles. As previously noted, OPM most recent performance appraisal. through the normal progression through believes these safeguards are adequate OPM cannot adopt this established steps and grades and the to protect this discretionary flexibility recommendation. Current Federal agency’s merit promotion program. from abuse. OPM will assess agency use employees cannot be reinstated; OPM believes that permitting these of this flexibility as part of its on-going reinstatement is a personnel action that choices will enhance the quality of oversight work or consider whether to applies to certain former federal hiring, and thus Government, generally, conduct a specific evaluation of this employees. The scope of the proposed and enable agencies to exploit flexibility after it has been in operation regulation concerned reinstatement of knowledge, skills, and abilities acquired for a year, depending on how widely it former Federal employees only. and developed both within and outside is used. This proposal also does not Seven individuals, two Federal the Federal sector, enhancing diversity eliminate an agency’s discretion to limit agencies, and the Federal Employees’ of thought and methods and enriching the area of consideration to agency Union commented that this hiring the workforce. In that scenario, the employees when filling positions. We authority will be abused and questioned Federal government recoups the value are simply providing a new option for the fairness of allowing former Federal of the training and development agencies that expands choices and
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reflects the fact that employees who agency as a program manager for the is a means to ‘make an employee whole’ have moved to jobs outside government Federal program. There is value in whose career was disrupted through no to develop their abilities may wish to facilitating an agency’s ability to select fault (or action) of that employee. An come back to Federal service in a such an individual, in a particular exception to ICTAP would vacate the position that makes good use of newly hiring action, through a non-competitive selection priority that ICTAP eligible acquired skills. Agencies may lose out process. The presence of restrictions on individuals would otherwise have when on such candidates if their only means the grade level to which an individual applying for positions. of re-entry continues to be to return to may be reinstated currently serves as a One Federal agency suggested OPM a position at the last grade they disincentive for individuals to consider include a statement that former occupied or apply again through the sort rejoining the Federal workforce. employees who received a Voluntary of open competitive examination that One individual commented that the Separation Incentive Payment (VSIP) they underwent when they originally proposed rule is not in the best interest must repay the VSIP if rehired under entered Government service. of the American people. OPM disagrees. this rule. OPM is not adopting this Two individuals and 3 Federal First, we note that the proposed rule is recommendation because VSIP agencies questioned OPM’s assertion a discretionary action but used requires: repayment provisions already exist at 5 that former employees actually acquire The applicant to be reinstatement CFR part 576 subpart B. Agencies must skills or experience in private industry eligible, meet time-in-grade ensure that any hiring action is made in that would qualify them for non- requirements, and meet all accordance with 5 CFR 576 subpart B qualifications requirements needed for regardless of the authority under which competitive appointment to higher the position the individual is seeking. It the individual is being appointed. graded positions under this rule. In also requires the agency to adhere to the An individual asked what research addition, these commenters stated Merit System Principles when using this OPM conducted to support the claim OPM’s argument is not substantive and authority. Because of these safeguards, that the proposed rule would ‘‘benefit’’ lacks merit and logic. OPM is not OPM believes the proposed language is both agencies as well as individuals asserting that all former employees will in the public interest; it provides wider seeking reemployment with the have acquired the sorts of skills or choice to agencies by encouraging government. OPM believes the benefits experience in the private sector that qualified former employees to apply, to agencies to be self-evident: The would qualify them for appointment to thereby enhancing merit. regulation will provide greater choice to higher-graded positions than the One Federal agency commented that agencies, and provide an ability to positions in the Government they the language at the new proposed recruit back to Government former previously held, or that they will paragraph 335.103(c)(3)(viii) does not Federal employees who have developed necessarily be among the best clearly emphasize that these enhanced enhanced or higher-level skillsets than candidates for the position. OPM simply skills/experiences were obtained in the they had when they left government. recognizes that some individuals may, private sector. The comment is This proposed regulation is part of in fact, acquire such skills and or ambiguous; OPM interprets it to mean, OPM’s on-going efforts to provide tools experience. If they, do, the proposed ‘‘Proposed paragraph 335.103(c)(3)(viii) to help agencies attract and retain the rule provides agencies the flexibility to does not clearly emphasize that these talent they need to carry out their select and reinstate such individuals in enhanced skills/experience, putatively mission requirements. hiring processes for particular positions, gained in the private sector, were One individual and three Federal at the grade level for which those actually acquired.’’ When using this agencies asked OPM to clarify the individuals qualify, just as agencies may authority, a hiring agency must phrase ‘‘most recent’’ in the context of appoint other individuals from outside determine, based on an assessment of all using the performance rating from an of the agency’s workforce at a grade of the pertinent skills, abilities and individual’s last Federal appointment. level appropriate to their knowledge, experience the applicant possesses, that These commenters also asked that OPM skills, and abilities. OPM believes its the applicant possesses the explain the value of relying on the most rationale for this rule is sound: That qualifications required for the position recent performance rating if the former permitting individual agencies to to which he or she has applied and the employee has been out of Federal appoint a former successful Federal agency is seeking to fill, including the service for many years. The term ‘‘most employee at a grade level for which the grade level at which the agency intends recent’’ means the last Federal rating of employee qualifies, benefits to fill it. Reinstatement is available only record under 5 CFR part 430 an Government, by attracting former if the agency determines the applicant individual received from his or her last employees who have obtained does possess such qualifications. If the career or career-conditional position. important new knowledge, skills, and agency determines the applicant is The value of using a former employee’s abilities from outside of government and qualified, for example, for a higher most recent (i.e., last) rating of record thus enhancing the choices available to grade than that of the position the under 5 CFR part 430 for these purposes the agency under the Merit System applicant had in a prior federal job, this is to ensure the individual was Principles. For example, the an agency rule rules allows the agency the performing to expectations at the time could secure a huge benefit if an discretion to appoint the applicant at he or she left Federal service and to individual was first hired into an entry- that level, notwithstanding the grade of provide consistency with other level position through a normal the position the applicant previously requirements for career advancement in competitive process, spent several years occupied. the competitive service. Under 5 CFR with the agency learning about a One Federal agency suggested OPM 335.104, performance is an important program and obtaining valuable training provide an exception to ICTAP under factor for advancement to a higher grade and development, then went to private this hiring authority. OPM is not level. Typically, agencies consider an industry to experience the impact of the adopting this suggestion. The purpose of individual’s performance during the program first hand, then went to a state ICTAP is to restore employees who were rating cycle that precedes the personnel government to become a program involuntarily separated to comparable action to be taken or the most recent manager of a similar state program, and positions for which they are deemed to rating of record. This is especially so for now wants to return to her original be well-qualified. In other words, ICTAP appointments (including
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reinstatements) or promotions to higher individual who is separated for at least proposal or provision. In addition, the grades. Absence of this requirement for 1 year before being reinstated and has a final rule merely allows agencies this noncompetitive appointment by rating of record for his or her most additional flexibility to rehire former reinstatement would create unnecessary recent career or career-conditional federal employees but does not require disparate treatment among individuals position of at least Fully Successful (or them to do so. Thus, we do not agree vying for the same position. equivalent). Individuals returning to that the final rule will inevitably Two Federal agencies suggested OPM work after disability retirement must be deprive bargaining unit employees of eliminate the proposed requirement that qualified for higher-graded work the first consideration in accordance with an individual must have received a same as anyone else and may be subject law. We note that any hiring mechanism rating of record of Fully Successful to be to any requirements pertaining to or authority that permits or requires eligible under these rules. These reemployed annuitants and/or agencies to consider candidates from agencies suggested that OPM replace provisions affecting their retirement outside the agency’s existing workforce this requirement with consideration of payments in accordance with 5 U.S.C. can impact the ability for a current an individual’s entire Federal 8837(d) and 5 U.S.C. 8455(a), and the employee to advance to a higher graded employment record. OPM is not corresponding implementing provisions position, but, in this case, the changes adopting this suggestion. The at 5 CFR parts 831 and 843. OPM is not will benefit the effectiveness and requirement that an individual must adopting the suggestion to include efficiency of Government and further have a rating of record under 5 CFR part individuals who recovered after medical Merit System Principles, by enhancing 430 aligns with 5 CFR 335.104, thus inability because regulations at 5 CFR choices. providing consistency and fairness with part 353 subpart C address restoring an One Federal agency requested that respect to Federal employees vying for individual to duty after compensable OPM clarify whether applicants eligible the same position through career ladder injury or illness. under these rules could be eligible for promotions. An individual whose last the superior qualifications pay-setting Seven individuals, four Federal rating was not fully successful or its authority, and, if so, how an individual agencies, one professional organization equivalent may still compete for Federal would meet these requirements. and the Federal Employees’ Union positions under normal competitive Agencies may use superior believe this proposal is contrary to Merit processes. qualifications pay-setting authority System Principles and deprives certain Four Federal agencies stated there are (which is not a hiring authority) to set inconsistencies by using the word ‘‘if’’ bargaining unit employees of their the rate of basic pay upon the first at 335.103(c)(1)(vi) and the word collectively bargained right to first appointment as a civilian employee of ‘‘provided’’ at 335.103(c)(3)(viii) and consideration. OPM disagrees these the Federal government or for recommends changing and use the same rules are contrary to Merit System reappointment to a GS position after a word in both places for consistency. Principles. These rules allow an agency break in service of 90-days or more, as OPM disagrees. Section 335.103(c)(1)(vi) (at its own discretion) to consider an stated at 5 CFR 531. The mechanics of originally said that an agency must individual who has previously how to apply this pay flexibility are apply competitive procedures to succeeded as a Federal employee and beyond the scope of the proposed rule. reinstatement at a higher grade level or achieved career status at the grade level Agencies interested in using the with more promotion potential. This for which the individual currently superior qualifications pay authority rule added the phrase ‘‘if’’ the qualifies through a non-competitive should refer to 5 CFR 531.212 as well individual did not wait at least a year process. The rules do not require an as OPM’s Pay Administration guidance to reapply or did not have a most recent agency to use this authority or to hire at https://www.opm.gov/policy-data- rating of record of Fully Successful or any particular individual. Agencies oversight/pay-leave/pay-administration/ above. 335.103(c)(3)(viii) is a new must still adhere to their merit fact-sheets/superior-qualifications-and- section that provides that an agency promotion plans and Merit Systems special-needs-pay-setting-authority. may except from competitive Principles in making hiring decisions One individual asked OPM to clarify procedures reinstatement of an under this authority. An agency could how positions filled using this employee at a higher grade level or with require competition under 5 CFR 335, flexibility will be advertised or more promotion potential, ‘‘provided’’ Promotion and Internal Placement, if otherwise made available to job-seekers. that the employee has waited at least a the agency chose to do so. OPM also Reinstatement actions made under these year and has a most recent rating of disagrees that this proposal will deprive rules are subject to public notice record of Fully Successful or above. employees of any rights those requirements in accordance with 5 Thus, the two provisions are not employees may have pursuant to their U.S.C. 3327 and 3330 as well as the parallel. ‘‘If’’ connotes ‘‘on the condition agency’s collective bargaining provisions for selection priority for that’’ and ‘‘provided’’ connotes ‘‘as long agreement (CBA). As to any right of first displaced Federal employees. This as’’. As a result, OPM is not adopting consideration, making selections for a means agencies are required to post any this suggestion. position from any appropriate source is vacant positions they may fill through Three Federal agencies recommend a management right. 5 U.S.C. reinstatement on the USAJOBS website OPM also allow individuals separated 7106(a)(2)(C)(ii). It would abrogate that (www.usajobs.gov). Applicants should ‘‘involuntarily’’ due to reduction in management right to require an agency visit the USAJOBS website for force (RIF), or recovered after disability to limit a selection to bargaining unit information about positions for which retirement or medical inability to be employees. However, whether a they may be interested in applying. eligible under these rules. OPM agrees currently applicable collective- One agency recommended OPM these provisions should apply to bargaining provision relating to ‘‘first address the parameters for using this individuals who are separated consideration’’ of bargaining-unit reinstatement hiring flexibility to ensure involuntarily as a result of a RIF. We employees is negotiable and therefore compliance with merit system have modified proposed enforceable is a case-by-case principles and address how OPM § 335.103(c)(3)(viii) by removing the determination to be adjudicated by the oversight will be conducted. Use of this word ‘‘voluntary’’ in this section. This FLRA and the courts. OPM expresses no hiring authority is discretionary on the change extends eligibility to any views concerning any particular part of agencies. When using this
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authority agencies are required to assess necessary, to select regulatory Office of Personnel Management an applicant’s qualifications for the approaches that maximize net benefits Alexys Stanley, position being filled and avoid relying (including potential economic, Regulatory Affairs Analyst. on prohibited considerations in making environmental, public health and safety selections in the same manner as they effects, distributive impacts, and Accordingly, OPM is amending 5 CFR would when making any other equity). Executive Order 13563 part 335 as follows: appointment. emphasizes the importance of * * * * * A professional executive association quantifying both costs and benefits, of suggested OPM develop a legislative reducing costs, of harmonizing rules, PART 335—PROMOTION AND proposal to further cement the goals of and of promoting flexibility. This rule is INTERNAL PLACEMENT this regulation. Further legislation is not not a ‘‘significant regulatory action,’’ necessary; 5 U.S.C. 3301 and 3302 under Executive Order 12866 and was ■ 1. The authority citation for part 335 provides the President the statutory not reviewed by OMB. is revised to read as follows: authority to craft rules governing competitive status, career tenure, and E.O. 13132, Federalism Authority: 5 U.S.C. 2301, 2302, 3301, 3302, discretion in hiring. The President This regulation will not have 3330; E.O. 10577, E.O. 11478, 3 CFR 1966– delegated much of his authority to OPM substantial direct effects on the States, 1970, Comp., page 803, unless otherwise through presidential Civil Service Rules, on the relationship between the noted, E.O. 13087; and E.O. 13152, 3 CFR see, especially, 5 CFR 2.2, and provided National Government and the States, or 19554–58 Comp., p.218; 5 U.S.C. 3304(f), and in Rule VII, 5 CFR 7.1, that agencies on distribution of power and Pub. L. 106–117, and 5 CFR 2.2 and 7.1. have discretion to fill positions in the responsibilities among the various Subpart A—General Provisions competitive service by competitive levels of government. Therefore, in appointment or by noncompetitive accordance with Executive Order 13132, ■ selection of a present or former Federal it is determined that this rule does not 2. In § 335.103, revise paragraph employee. have sufficient federalism implications (c)(1)(vi) and add paragraph (c)(3)(viii) Two of the comments we received to warrant preparation of a Federalism to read as follows: were beyond the scope of the proposed Assessment. changes. One individual could not § 335.103 Agency promotion programs. locate a copy of the proposed regulation E.O. 12988, Civil Justice Reform * * * * * on the regulations.gov website. The This regulation meets the applicable (c) * * * other commenter recommended OPM standard set forth in section 3(a) and (1) * * * re-evaluate the 40-hour basic work (b)(2) of Executive Order 12988. week. (vi) Reinstatement to a permanent or OPM is making two clarifying changes Unfunded Mandates Reform Act of temporary position at a higher grade or to the final rule which commenters did 1995 with more promotion potential than a not address. We have added references This rule will not result in the position previously held on a to Civil Service Rules II and VII in the expenditure by state, local, and tribal permanent basis in the competitive ‘‘authority’’ listing which are OPM’s governments, in the aggregate, or by the service if the individual did not wait 1 authority, pursuant to the President’s private sector, of $100 million or more year or more after separating from delegation of his own authority under 5 in any year and it will not significantly Federal employment before applying for U.S.C. 3301 and 3302, to establish and or uniquely affect small governments. reinstatement, or did not receive a rating administer a system that provides for Therefore, no actions were deemed of record for his or her most recent career appointments for former necessary under the provisions of the career or career-conditional position of employees eligible for career Unfunded Mandates Reform Act of at least Fully Successful (or equivalent). appointment upon reinstatement, and 1995. agencies’ authority to select for * * * * * positions in the competitive service by Congressional Review Act (3) * * * competitive appointment or by This action pertains to agency (viii) Reinstatement in accordance noncompetitive selection of a present or management, personnel and with 5 CFR part 315 to any position in former Federal employee. organization and does not substantially the competitive service for which the OPM has modified the wording in 5 affect the rights or obligations of CFR 335.103(c)(3)(viii) by inserting the individual is qualified at a higher grade nonagency parties and, accordingly, is words, ‘‘before applying for level or with more promotion potential not a ‘‘rule’’ as that term is used by the reinstatement,’’ to parallel the language than a career or career-conditional Congressional Review Act (Subtitle E of used in 5 CFR 335.103(c)(1)(vi). position previously held by the the Small Business Regulatory individual; provided: The individual Regulatory Flexibility Act Enforcement Fairness Act of 1996 has been separated for at least one year I certify that this regulation will not (SBREFA)). Therefore, the reporting before applying for reinstatement, and have a significant impact on a requirement of 5 U.S.C. 801 does not the individual must have received a substantial number of small entities apply. rating of record for his or her most because it applies only to Federal Paperwork Reduction Act recent career or career-conditional agencies and employees. position of at least Fully Successful (or This rule does not impose any new equivalent). E.O. 13563 and E.O. 12866, Regulatory reporting or record-keeping Review requirements subject to the Paperwork * * * * * Executive Orders 13563 and 12866 Reduction Act. [FR Doc. 2021–11894 Filed 6–7–21; 8:45 am] direct agencies to assess all costs and BILLING CODE 6325–39–P List of Subjects in 5 CFR Part 335 benefits of available regulatory alternatives and, if regulation is Government employees.
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DEPARTMENT OF TRANSPORTATION other information. The address for IAE, and an individual commenter. One Docket Operations is U.S. Department of commenter requested clarification on Federal Aviation Administration Transportation, Docket Operations, the compliance time for inspection. M–30, West Building Ground Floor, Another commenter requested 14 CFR Part 39 Room W12–140, 1200 New Jersey clarification regarding additional [Docket No. FAA–2021–0129; Project Avenue SE, Washington, DC 20590. inspections that are needed when parts Identifier AD–2020–01597–E; Amendment FOR FURTHER INFORMATION CONTACT: are removed for piece part inspections. 39–21577; AD 2021–11–15] Nicholas Paine, Aviation Safety One commenter requested clarification Engineer, ECO Branch, FAA, 1200 regarding the definition of a part eligible RIN 2120–AA64 District Avenue, Burlington, MA 01803; for installation as well as the Airworthiness Directives; International phone: (781) 238–7742; fax: (781) 238– installation prohibition. An individual commenter supported the proposal Aero Engines AG Turbofan Engines 7199; email: [email protected]. SUPPLEMENTARY INFORMATION: without change. The following presents AGENCY: Federal Aviation the comments received on the NPRM Administration (FAA), DOT. Background and the FAA’s response to each ACTION: Final rule. The FAA issued a notice of proposed comment. rulemaking (NPRM) to amend 14 CFR Request To Clarify USI Interval for SUMMARY: The FAA is adopting a new part 39 by adding an AD that would Different Thrust Ratings airworthiness directive (AD) for certain apply to certain IAE V2522–A5, V2524– International Aero Engines AG (IAE) A5, V2525–D5, V2527–A5, V2527E–A5, Cathay asked for clarification of the V2500 model turbofan engines. This AD V2527M–A5, V2528–D5, V2530–A5, interval for performing the USI for any was prompted by an analysis performed V2531–E5, and V2533–A5 model HPT 1st-stage disk or HPT 2nd-stage by the manufacturer after an event turbofan engines. The NPRM published disk that has operated in different thrust involving an uncontained failure of a in the Federal Register on March 8, ratings, such as from 27K to 33K, or 33K high-pressure turbine (HPT) 1st-stage 2021 (86 FR 13225). The NPRM was to 27K. Cathay reasoned that during the disk that resulted in high-energy debris prompted by an event involving an IAE V2500 Customer Council Call in penetrating the engine cowling. This AD uncontained failure of an HPT 1st-stage December 2020, IAE used thrust ratings requires the performance of an disk that resulted in high-energy debris to indicate when to perform the ultrasonic inspection (USI) of the HPT penetrating the engine cowling. On inspections of the HPT 1st-stage disk or 1st-stage disk and HPT 2nd-stage disk March 18, 2020, an Airbus Model A321– HPT 2nd-stage disk. and, depending on the results of the 231 airplane, powered by IAE V2533– The FAA reviewed IAE Non- inspections, replacement of the HPT 1st- A5 model turbofan engines, experienced Modification Service Bulletin (NMSB) stage disk or HPT 2nd-stage disk. The an uncontained HPT 1st-stage disk No. V2500–ENG–72–0713, Revision 1, FAA is issuing this AD to address the failure that resulted in an aborted dated January 26, 2021 (IAE NMSB unsafe condition on these products. takeoff. The uncontained failure of the V2500–ENG–72–0713, Revision 1). This revised NMSB was published after the DATES: This AD is effective July 13, HPT 1st-stage disk resulted in high- energy debris penetrating the engine IAE V2500 Customer Council Call in 2021. December 2020. The revised NMSB The Director of the Federal Register cowling. The FAA published Emergency AD 2020–07–51 on March 21, 2020 removed references to thrust ratings in approved the incorporation by reference the Compliance section. Therefore, this of certain publications listed in this AD (followed by publication in the Federal Register on April 13, 2020, as a Final AD does not distinguish inspection as of July 13, 2021. intervals based on thrust ratings. ADDRESSES: For service information Rule, Request for Comments (85 FR identified in this final rule, contact 20402)) and AD 2021–01–03 on January Request To Clarify Piece-Part International Aero Engines AG, 400 6, 2021 (86 FR 458), to remove from Opportunity Inspection Requirements Main Street, East Hartford, CT 06118; service HPT 1st-stage and HPT 2nd- IAE requested clarification on phone: (800) 565–0140; email: help24@ stage disks identified as having the whether an HPT 1st-stage disk and HPT pw.utc.com; website: http:// highest risk of failure. Based on the root 2nd-stage disk with fewer than 100 fleetcare.pw.utc.com. You may view this cause analysis performed since that flight cycles (FCs) since the last piece- service information at the FAA, event, the manufacturer identified a part fluorescent penetrant inspection Airworthiness Products Section, population of HPT 1st-stage disks and (FPI) need to undergo another FPI if the Operational Safety Branch, 1200 District HPT 2nd-stage disks that require same parts were removed for the piece- Avenue, Burlington, MA 01803. For inspection and possible removal from part opportunity USI in accordance with information on the availability of this service. In the NPRM, the FAA IAE NMSB V2500–ENG–72–0713, material at the FAA, call (781) 238– proposed to require the performance of Revision 1. IAE reasoned that the V2500 7759. It is also available at https:// a USI of the HPT 1st-stage disk and HPT Maintenance Scheduling section of the www.regulations.gov by searching for 2nd-stage disk and, depending on the Airworthiness Limitations Section and locating Docket No. FAA–2021– results of the inspections, replacement (ALS) requires an FPI at each piece-part 0129. of the HPT 1st-stage disk or HPT 2nd- opportunity. stage disk. The FAA is issuing this AD The FAA clarifies that when an HPT Examining the AD Docket to address the unsafe condition on these 1st-stage disk or an HPT 2nd-stage disk You may examine the AD docket at products. is removed for piece-part inspection, the https://www.regulations.gov by Discussion of Final Airworthiness ALS of the manufacturer’s Instructions searching for and locating Docket No. Directive for Continued Airworthiness may FAA–2021–0129; or in person at Docket require additional inspections not Operations between 9 a.m. and 5 p.m., Comments required by this AD. The FAA refers the Monday through Friday, except Federal The FAA received comments from commenter to the ALS, which indicates holidays. The AD docket contains this three commenters. The commenters that additional inspections are not final rule, any comments received, and were Cathay Pacific Airways (Cathay), required unless the part has more than
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100 FCs since the last piece-part stage disk that passes the inspection is the affected HPT 1st-stage disks and opportunity inspection, is damaged, or eligible for installation. As noted in an HPT 2nd-stage disks on IAE V2522–A5, is the cause for the removal of the earlier comment response, the FAA V2524–A5, V2525–D5, V2527–A5, engine. Engine removal for the purposes added the definition of a ‘‘part eligible V2527E–A5, V2527M–A5, V2528–D5, of complying with this AD is not for installation’’ in this AD, which V2530–A5, and V2533–A5 model ‘‘cause’’ for engine removal as stated in includes this clarification. turbofan engines and specifies the ALS. The FAA added a note to procedures for a USI of the HPT 1st- Support for the AD paragraph (g)(1) of this AD to clarify stage disk and HPT 2nd-stage disk. piece-part inspection requirements. An individual commenter expressed The FAA also reviewed IAE NMSB support for the AD as written. Request To Define Part Eligible for No. V2500–E5–72–0015, dated Installation Conclusion December 15, 2020. The NMSB identifies the affected HPT 1st-stage The FAA reviewed the relevant data, Cathay requested that the FAA define disks and HPT 2nd-stage disks on IAE considered any comments received, and ‘‘part eligible for installation’’ in this V2531–E5 model turbofan engines and determined that air safety requires AD. specifies procedures for a USI of the adopting this AD as proposed. The FAA agrees and added a HPT 1st-stage disk and HPT 2nd-stage Accordingly, the FAA is issuing this AD definition of a ‘‘part eligible for disk. installation’’ in this AD. to address the unsafe condition on these products. Except for minor editorial This service information is reasonably Request To Clarify Prohibition on changes and any other changes available because the interested parties Installation of Parts described previously, this AD is have access to it through their normal Cathay asked if there is a prohibition adopted as proposed in the NPRM. course of business or by the means on the installation of parts in this AD. None of the changes will increase the identified in ADDRESSES. The FAA notes that if a HPT 1st-stage economic burden on any operator. Costs of Compliance disk or HPT 2nd-stage disk does not pass the inspection required by Related Service Information Under 1 The FAA estimates that this AD paragraphs (g)(1) through (6) of this AD, CFR Part 51 affects 1,100 engines installed on the HPT 1st-stage disk or 2nd-stage disk, The FAA reviewed IAE NMSB No. airplanes of U.S. registry. as applicable, must be removed from V2500–ENG–72–0713, Revision 1, dated The FAA estimates the following service. Any HPT 1st-stage disk or 2nd- January 26, 2021. The NMSB identifies costs to comply with this AD:
ESTIMATED COSTS
Cost per Cost on U.S. Action Labor cost Parts cost product operators
USI the HPT 1st-stage disk and HPT 2nd- 20 work-hours × $85 per hour = $1,700 ...... $0 $1,700 $1,870,000 stage disk.
The FAA estimates the following results of the inspection. The agency has aircraft that might need this costs to do any necessary replacement no way of determining the number of replacement: that would be required based on the
ON-CONDITION COSTS
Cost per Action Labor cost Parts cost product
Replace the HPT 1st-stage disk or HPT 2nd-stage 0 work-hours × $85 per hour = $0 ...... $300,000 $300,000 disk.
The FAA has included all known The FAA is issuing this rulemaking Regulatory Findings costs in its cost estimate. According to under the authority described in This AD will not have federalism the manufacturer, however, some of the Subtitle VII, Part A, Subpart III, Section implications under Executive Order costs of this AD may be covered under 44701: General requirements. Under 13132. This AD will not have a warranty, thereby reducing the cost that section, Congress charges the FAA substantial direct effect on the States, on impact on affected individuals. with promoting safe flight of civil the relationship between the national aircraft in air commerce by prescribing Authority for This Rulemaking government and the States, or on the regulations for practices, methods, and distribution of power and Title 49 of the United States Code procedures the Administrator finds responsibilities among the various specifies the FAA’s authority to issue necessary for safety in air commerce. levels of government. rules on aviation safety. Subtitle I, This regulation is within the scope of For the reasons discussed above, I section 106, describes the authority of that authority because it addresses an certify that this AD: the FAA Administrator. Subtitle VII: unsafe condition that is likely to exist or (1) Is not a ‘‘significant regulatory Aviation Programs, describes in more develop on products identified in this action’’ under Executive Order 12866, detail the scope of the Agency’s rulemaking action. (2) Will not affect intrastate aviation authority. in Alaska, and
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(3) Will not have a significant disk. The unsafe condition, if not addressed, accumulated 6,700 FCs since the effective economic impact, positive or negative, could result in uncontained HPT disk failure, date of this AD, whichever occurs first, on a substantial number of small entities damage to the engine, damage to the airplane, perform a USI of the HPT 2nd-stage disk under the criteria of the Regulatory and loss of the airplane. using the Accomplishment Instructions, paragraph 7, of IAE NMSB V2500–ENG–72– (f) Compliance Flexibility Act. 0713, Revision 1. List of Subjects in 14 CFR Part 39 Comply with this AD within the (5) For IAE V2531–E5 model turbofan compliance times specified, unless already engines with an HPT 1st-stage disk, P/N Air transportation, Aircraft, Aviation done. 2A5001, with an S/N listed in Appendix A, safety, Incorporation by reference, (g) Required Actions Table 1, of IAE NMSB V2500–E5–72–0015, at Safety. the next engine shop visit or before the HPT (1) For IAE V2527E–A5, V2527M–A5, 1st-stage disk has accumulated 3,200 FCs The Amendment V2528–D5, V2530–A5, and V2533–A5 model since the effective date of this AD, whichever Accordingly, under the authority turbofan engines with an HPT 1st-stage disk, occurs first, perform a USI of the HPT 1st- delegated to me by the Administrator, P/N 2A5001, with an S/N listed in Appendix stage disk using the Accomplishment A, Table 1, of IAE NMSB V2500–ENG–72– Instructions, paragraph 6, of IAE NMSB the FAA amends 14 CFR part 39 as 0713, Revision 1, at the next engine shop follows: V2500–E5–72–0015. visit after the effective date of this AD or (6) For IAE V2531–E5 model turbofan before the HPT 1st-stage disk has engines with an HPT 2nd-stage disk, P/N PART 39—AIRWORTHINESS accumulated 3,200 flight cycles (FCs) since DIRECTIVES 2A4802, with an S/N listed in Appendix A, the effective date of this AD, whichever Table 2, of IAE NMSB V2500–E5–72–0015, at occurs first, perform an ultrasonic inspection ■ 1. The authority citation for part 39 the next engine shop visit or before the HPT (USI) of the HPT 1st-stage disk using the 2nd-stage disk has accumulated 3,200 FCs continues to read as follows: Accomplishment Instructions, paragraph 6, since the effective date of this AD, whichever of IAE NMSB V2500–ENG–72–0713, Authority: 49 U.S.C. 106(g), 40113, 44701. occurs first, perform a USI of the HPT 2nd- Revision 1. stage disk using the Accomplishment § 39.13 [Amended] Note 1 to paragraph (g)(1): The USI Instructions, paragraph 7, of IAE NMSB ■ 2. The FAA amends § 39.13 by adding required by paragraphs (g)(1) through (6) of V2500–E5–72–0015. this AD requires the HPT 1st-stage disk and (7) If, during the USI required by the following new airworthiness HPT 2nd-stage disks to be removed from the directive: paragraphs (g)(1) through (6) of this AD, a engine allowing piece-part opportunity HPT 1st-stage disk or HPT 2nd-stage disk 2021–11–15 International Aero Engines inspections. Per the Airworthiness does not pass the inspection as specified in AG: Amendment 39–21577; Docket No. Limitations Section of the manufacturer’s the Accomplishment Instructions, paragraph FAA–2021–0129; Project Identifier AD– Instructions for Continued Airworthiness 8., of IAE NMSB V2500–ENG–72–0713, 2020–01597–E. (ICAs), the additional inspections are not Revision 1, or IAE NMSB V2500–E5–72– required unless the part has more than 100 (a) Effective Date 0015, as applicable, before further flight, FCs since the last piece-part opportunity remove the HPT 1st-stage disk or 2nd-stage This airworthiness directive (AD) is inspection, is damaged, or is the cause for the disk, as applicable, from service and replace effective July 13, 2021. removal of the engine. Engine removal for the with a part eligible for installation. purposes of complying with this AD is not (b) Affected ADs ‘‘cause’’ for removal as stated in the ALS. (h) Definition None. (2) For IAE V2527E–A5, V2527M–A5, (1) For the purpose of this AD, an ‘‘engine (c) Applicability V2528–D5, V2530–A5, and V2533–A5 model shop visit’’ is the induction of an engine into turbofan engines with an HPT 2nd-stage disk, the shop for maintenance involving the This AD applies to International Aero P/N 2A4802, with an S/N listed in Appendix separation of pairs of major mating engine Engines AG (IAE) V2522–A5, V2524–A5, A, Table 2, of IAE NMSB V2500–ENG–72– flanges, H–P, except for the following V2525–D5, V2527–A5, V2527E–A5, 0713, Revision 1, at the next engine shop V2527M–A5, V2528–D5, V2530–A5, V2531– situations, which do not constitute an engine visit after the effective date of this AD or E5, and V2533–A5 model turbofan engines shop visit. before the HPT 2nd-stage disk has with an installed: (i) Separation of engine flanges solely for accumulated 3,200 FCs since the effective (1) High-pressure turbine (HPT) 1st-stage the purposes of transportation without date of this AD, whichever occurs first, disk, part number (P/N) 2A5001, with a serial subsequent engine maintenance. perform a USI of the HPT 2nd-stage disk number (S/N) listed in Appendix A, Table 1, (ii) Engine removal for the purpose of using the Accomplishment Instructions, of IAE Non-Modification Service Bulletin performing field maintenance activities at a paragraph 7, of IAE NMSB V2500–ENG–72– (NMSB) No. V2500–ENG–72–0713, Revision maintenance facility in lieu of performing 0713, Revision 1. 1, dated January 26, 2021 (IAE NMSB V2500– them on-wing. (3) For IAE V2522–A5, V2524–A5, V2525– ENG–72–0713, Revision 1) or IAE NMSB No. (2) For the purpose for this AD, a ‘‘part V2500–E5–72–0015, dated December 15, D5, and V2527–A5 model turbofan engines eligible for installation’’ is: 2020 (IAE NMSB V2500–E5–72–0015); and/ with an HPT 1st-stage disk, P/N 2A5001, (i) An HPT 1st-stage disk or HPT 2nd-stage or with an S/N listed in Appendix A, Table 1, disk listed in Appendix A, Tables 1 and 2, (2) HPT 2nd-stage disk, P/N 2A4802, with of IAE NMSB V2500–ENG–72–0713, of IAE NMSB V2500–ENG–72–0713, an S/N listed in Appendix A, Table 2, of IAE Revision 1, at the next HPT rotor and stator Revision 1, or Appendix A, Tables 1 and 2, NMSB V2500–ENG–72–0713, Revision 1, or assembly (HPT module) removal or before of IAE NMSB V2500–E5–72–0015, that IAE NMSB V2500–E5–72–0015. the HPT 1st-stage disk has accumulated 6,700 passed the USI required by paragraphs (g)(1) FCs since the effective date of this AD, through (6) of this AD; or (d) Subject whichever occurs first, perform a USI of the (ii) An HPT 1st-stage disk or HPT 2nd-stage Joint Aircraft System Component (JASC) HPT 1st-stage disk using the disk that is not listed in Appendix A, Tables Code 7250, Turbine Section. Accomplishment Instructions, paragraph 6, 1 and 2, of IAE NMSB V2500–ENG–72–0713, of IAE NMSB V2500–ENG–72–0713, Revision 1, or Appendix A, Tables 1 and 2, (e) Unsafe Condition Revision 1. of IAE NMSB V2500–E5–72–0015. This AD was prompted by an analysis (4) For IAE V2522–A5, V2524–A5, V2525– performed by the manufacturer after an event D5, and V2527–A5 model turbofan engines (i) Alternative Methods of Compliance involving an uncontained failure of a HPT with an HPT 2nd-stage disk, P/N 2A4802, (AMOCs) 1st-stage disk that resulted in high-energy with an S/N listed in Appendix A, Table 2, (1) The Manager, ECO Branch, FAA, has debris penetrating the engine cowling. The of IAE NMSB V2500–ENG–72–0713, the authority to approve AMOCs for this AD, FAA is issuing this AD to prevent failure of Revision 1, at the next HPT module removal if requested using the procedures found in 14 the HPT 1st-stage disk and HPT 2nd-stage or before the HPT 2nd-stage disk has CFR 39.19. In accordance with 14 CFR 39.19,
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send your request to your principal inspector DEPARTMENT OF TRANSPORTATION call 206–231–3195. It is also available or local Flight Standards District Office, as on the internet at https:// appropriate. If sending information directly Federal Aviation Administration www.regulations.gov by searching for to the manager of the certification office, and locating Docket No. FAA–2021– send it to the attention of the person 14 CFR Part 39 0098. identified in Related Information. You may [Docket No. FAA–2021–0098; Project email your request to: ANE-AD-AMOC@ Examining the AD Docket Identifier MCAI–2020–01121–T; Amendment faa.gov. 39–21564; AD 2021–11–02] You may examine the AD docket on (2) Before using any approved AMOC, the internet at https:// notify your appropriate principal inspector, RIN 2120–AA64 www.regulations.gov by searching for or lacking a principal inspector, the manager and locating Docket No. FAA–2021– Airworthiness Directives; MHI RJ of the local flight standards district office/ 0098; or in person at Docket Operations Aviation ULC (Type Certificate certificate holding district office. between 9 a.m. and 5 p.m., Monday Previously Held by Bombardier, Inc.) through Friday, except Federal holidays. (j) Related Information Airplanes The AD docket contains this final rule, For more information about this AD, AGENCY: Federal Aviation any comments received, and other contact Nicholas Paine, Aviation Safety information. The address for Docket Engineer, ECO Branch, FAA, 1200 District Administration (FAA), Department of Operations is U.S. Department of Avenue, Burlington, MA 01803; phone: (781) Transportation (DOT). Transportation, Docket Operations, 238–7742; fax: (781) 238–7199; email: ACTION: Final rule. M–30, West Building Ground Floor, [email protected]. SUMMARY: The FAA is superseding Room W12–140, 1200 New Jersey (k) Material Incorporated by Reference Airworthiness Directive (AD) 2019–22– Avenue SE, Washington, DC 20590. (1) The Director of the Federal Register 07, which applied to all MHI RJ FOR FURTHER INFORMATION CONTACT: approved the incorporation by reference Aviation ULC Model CL–600–2B19 Steven Dzierzynski, Aerospace (IBR) of the service information listed in this (Regional Jet Series 100 & 440) Engineer, Avionics and Electrical paragraph under 5 U.S.C. 552(a) and 1 CFR airplanes, Model CL–600–2C10 Systems Section, FAA, New York ACO part 51. (Regional Jet Series 700, 701 & 702) Branch, 1600 Stewart Avenue, Suite (2) You must use this service information airplanes, Model CL–600–2D15 410, Westbury, NY 11590; telephone as applicable to do the actions required by (Regional Jet Series 705) airplanes, 516–228–7367; email 9-avs-nyaco-cos@ this AD, unless the AD specifies otherwise. Model CL–600–2D24 (Regional Jet faa.gov. (i) International Aero Engines (IAE) Non- Series 900) airplanes, and Model CL– SUPPLEMENTARY INFORMATION: Modification Service Bulletin (NMSB) No. 600–2E25 (Regional Jet Series 1000) V2500–ENG–72–0713, Revision 1, dated airplanes. AD 2019–22–07 required Background January 26, 2021. revising the existing airplane flight Transport Canada Civil Aviation (ii) IAE NMSB No. V2500–E5–72–0015, manual (AFM) to include a limitation (TCCA), which is the aviation authority dated December 15, 2020. and an abnormal operating procedure for Canada, has issued TCCA AD CF– (3) For IAE service information identified for the Automatic Flight Control System 2018–32R1, dated August 21, 2020 (also in this AD, contact International Aero (AFCS). This AD requires revising the referred to as the Mandatory Continuing Engines AG, 400 Main Street, East Hartford, existing AFM and adding airplanes to Airworthiness Information, or the CT 06118; phone: (800) 565–0140; email: the applicability. This AD was MCAI), to correct an unsafe condition [email protected]; website: http:// prompted by a finding that the for all MHI RJ Aviation ULC Model CL– fleetcare.pw.utc.com. limitation and abnormal operating 600–2B19 (Regional Jet Series 100 & (4) You may view this service information procedure did not include reference to 440), CL–600–2C10 (Regional Jet Series at FAA, Airworthiness Products Section, a certain mode. The FAA is issuing this Operational Safety Branch, 1200 District 700, 701 & 702), CL–600–2C11 (Regional AD to address the unsafe condition on Jet Series 550), CL–600–2D15 (Regional Avenue, Burlington, MA 01803. For these products. information on the availability of this Jet Series 705), CL–600–2D24 (Regional DATES: This AD is effective July 13, Jet Series 900), and CL–600–2E25 material at the FAA, call (781) 238–7759. 2021. (5) You may view this service information (Regional Jet Series 1000) airplanes. You The Director of the Federal Register may examine the MCAI in the AD that is incorporated by reference at the approved the incorporation by reference National Archives and Records docket on the internet at https:// of certain publications listed in this AD Administration (NARA). For information on www.regulations.gov by searching for as of July 13, 2021. the availability of this material at NARA, and locating Docket No. FAA–2021– email: [email protected], or go to: ADDRESSES: For Bombardier service 0098. https://www.archives.gov/federal-register/cfr/ information identified in this final rule, The FAA issued a notice of proposed ibr-locations.html. contact MHI RJ Aviation ULC, 12655 rulemaking (NPRM) to amend 14 CFR Henri-Fabre Blvd., Mirabel, Que´bec J7N part 39 to supersede AD 2019–22–07, Issued on May 19, 2021. 1E1 Canada; Widebody Customer Amendment 39–19786 (85 FR 439, Lance T. Gant, Response Center North America toll-free January 6, 2020) (AD 2019–22–07). AD Director, Compliance & Airworthiness telephone +1–844–272–2720 or direct- 2019–22–07 applied to all MHI RJ Division, Aircraft Certification Service. dial telephone +1–514–855–8500; fax Aviation ULC Model CL–600–2B19 [FR Doc. 2021–11960 Filed 6–7–21; 8:45 am] +1–514–855–8501; email thd.crj@ (Regional Jet Series 100 & 440) BILLING CODE 4910–13–P mhirj.com; internet https://mhirj.com. airplanes, Model CL–600–2C10 You may view this referenced service (Regional Jet Series 700, 701 & 702) information at the FAA, Airworthiness airplanes, Model CL–600–2D15 Products Section, Operational Safety (Regional Jet Series 705) airplanes, Branch, 2200 South 216th St., Des Model CL–600–2D24 (Regional Jet Moines, WA. For information on the Series 900) airplanes, and Model CL– availability of this material at the FAA, 600–2E25 (Regional Jet Series 1000)
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airplanes. The NPRM published in the determined that air safety and the ‘‘In-Flight Engine Failures,’’ of Chapter Federal Register on February 24, 2021 public interest require adopting this 5, ‘‘ABNORMAL PROCEDURES’’; of the (86 FR 11165). The NPRM was final rule as proposed, except for minor Bombardier CRJ Series Regional Jet prompted by a finding that the editorial changes. The FAA has Model CL–600–2C10 (Series 700, 701, limitation and abnormal operating determined that these minor changes: 702) and CL–600–2C11 (Series 550) procedure did not include reference to • Are consistent with the intent that AFM, CSP B–012, Revision 31, dated (V) ALTV CAP mode and a finding that was proposed in the NPRM for May 8, 2020. the MHI RJ Aviation ULC Model CL– addressing the unsafe condition; and • Section 02–08, ‘‘System • 600–2C11 (Regional Jet Series 550) Do not add any additional burden Limitations,’’ of Chapter 2, airplanes are also affected by the same upon the public than was already ‘‘LIMITATIONS’’; and Section 05–02, unsafe condition (Model CL–600–2B19 proposed in the NPRM. ‘‘In-Flight Engine Failures,’’ of Chapter airplanes do not have (V) ALTS CAP or Related Service Information Under 1 5, ‘‘ABNORMAL PROCEDURES’’; of the (V) ALTV CAP mode). The risk of the CFR Part 51 Bombardier CRJ Series Regional Jet unsafe condition also exists during (V) Model CL–600–2D24 (Series 900) and ALTV CAP mode. The NPRM proposed Bombardier has issued the following CL–600–2D15 (Series 705) AFM, CSP C– to require revising the existing AFM and service information, which describes 012, Volume 1, Revision 24, dated adding airplanes to the applicability. procedures for revising the existing March 27, 2020. The FAA is issuing this AD to address AFM by including a limitation that • specifies a warning for the AFCS and an Section 02–08, ‘‘System an engine failure, if it occurs during or Limitations,’’ of Chapter 2, before a climb while in ALTS CAP, (V) abnormal operating procedure if an engine failure occurs during or before a ‘‘LIMITATIONS’’; and Section 05–02, ALTS CAP, or (V) ALTV CAP mode, ‘‘In-Flight Engine Failures,’’ of Chapter which may cause the airspeed to drop climb while in ALTS CAP mode, (V) ALTS CAP mode, or (V) ALTV CAP 5, ‘‘ABNORMAL PROCEDURES’’; of the significantly below the safe operating Bombardier CRJ Series Regional Jet speed, possibly resulting in reduced mode, as applicable. These documents are distinct since they apply to different Model CL–600–2E25 (Series 1000) AFM, control of the airplane. See the MCAI for CSP D–012, Revision 23, dated February additional background information. airplane models. • Section 02–08, ‘‘System 14, 2020. Comments Limitations,’’ of Chapter 2, This service information is reasonably The FAA gave the public the ‘‘LIMITATIONS’’; and Section 05–02, available because the interested parties opportunity to participate in developing ‘‘In-Flight Engine Failures,’’ of Chapter have access to it through their normal this final rule. The FAA has considered 5, ‘‘ABNORMAL PROCEDURES’’; of the course of business or by the means the comment received. The Air Line Bombardier CRJ Series Regional Jet identified in the ADDRESSES section. Pilots Association, International (ALPA) Model CL–600–2B19 AFM, CSP A–012, Costs of Compliance stated that it supports the NPRM. Volume 1, Revision 73, dated January 3, 2020. The FAA estimates that this AD Conclusion • Section 02–08, ‘‘System affects 992 airplanes of U.S. registry. The FAA reviewed the relevant data, Limitations,’’ of Chapter 2, The FAA estimates the following considered the comment received, and ‘‘LIMITATIONS’’; and Section 05–02, costs to comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Cost per Cost on U.S. Action Labor cost Parts cost product operators
New actions ...... 1 work-hour × $85 per hour = $85 ...... $0 $85 $84,320
Authority for This Rulemaking develop on products identified in this under the criteria of the Regulatory Title 49 of the United States Code rulemaking action. Flexibility Act. specifies the FAA’s authority to issue Regulatory Findings List of Subjects in 14 CFR Part 39 rules on aviation safety. Subtitle I, section 106, describes the authority of The FAA determined that this AD Air transportation, Aircraft, Aviation the FAA Administrator. Subtitle VII: will not have federalism implications safety, Incorporation by reference, under Executive Order 13132. This AD Aviation Programs, describes in more Safety. detail the scope of the Agency’s will not have a substantial direct effect authority. on the States, on the relationship Adoption of the Amendment The FAA is issuing this rulemaking between the national government and under the authority described in the States, or on the distribution of Accordingly, under the authority Subtitle VII, Part A, Subpart III, Section power and responsibilities among the delegated to me by the Administrator, 44701: General requirements. Under various levels of government. the FAA amends 14 CFR part 39 as that section, Congress charges the FAA For the reasons discussed above, I follows: with promoting safe flight of civil certify that this AD: aircraft in air commerce by prescribing (1) Is not a ‘‘significant regulatory PART 39—AIRWORTHINESS regulations for practices, methods, and action’’ under Executive Order 12866, DIRECTIVES procedures the Administrator finds (2) Will not affect intrastate aviation necessary for safety in air commerce. in Alaska, and ■ 1. The authority citation for part 39 This regulation is within the scope of (3) Will not have a significant continues to read as follows: that authority because it addresses an economic impact, positive or negative, Authority: 49 U.S.C. 106(g), 40113, 44701. unsafe condition that is likely to exist or on a substantial number of small entities
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§ 39.13 [Amended] (1) Model CL–600–2B19 (Regional Jet mode, which may cause the airspeed to drop ■ 2. The FAA amends § 39.13 by: Series 100 & 440) airplanes. significantly below the safe operating speed, ■ a. Removing Airworthiness Directive (2) Model CL–600–2C10 (Regional Jet possibly resulting in reduced control of the Series 700, 701 & 702) airplanes. airplane. (AD) 2019–22–07, Amendment 39– (3) Model CL–600–2C11 (Regional Jet 19786 (85 FR 439, January 6, 2020); and Series 550) airplanes. (f) Compliance ■ b. Adding the following new AD: (4) Model CL–600–2D15 (Regional Jet Comply with this AD within the 2021–11–02 MHI RJ Aviation ULC (Type Series 705) airplanes. compliance times specified, unless already Certificate Previously Held by (5) Model CL–600–2D24 (Regional Jet done. Bombardier, Inc.): Amendment 39– Series 900) airplanes. 21564; Docket No. FAA–2021–0098; (6) Model CL–600–2E25 (Regional Jet (g) Revision of the Airplane Flight Manual Project Identifier MCAI–2020–01121–T. Series 1000) airplanes. (AFM) Within 60 days after the effective date of (a) Effective Date (d) Subject this AD: Revise the existing AFM to include Air Transport Association (ATA) of This airworthiness directive (AD) is the information in Subject 2, ‘‘AUTOMATIC America Code 22, Auto Flight. effective July 13, 2021. FLIGHT CONTROL SYSTEM (AFCS),’’ of (b) Affected ADs (e) Reason Section 02–08, ‘‘System Limitations,’’ of Chapter 2, ‘‘LIMITATIONS’’; and Subject 1.C, This AD replaces AD 2019–22–07, This AD was prompted by a report that Amendment 39–19786 (85 FR 439, January 6, during the Automatic Flight Control System ‘‘Engine Failure in Climb During ALTS 2020) (AD 2019–22–07). (AFCS) ALTS CAP, (V) ALTS CAP, or (V) CAP,’’ or Subject 1.D, ‘‘Engine Failure in ALTV CAP mode, the flight guidance/ Climb During (V) ALTS CAP or (V) ALTV (c) Applicability autopilot does not account for engine failure CAP,’’ of Section 05–02, ‘‘In-flight Engine This AD applies to the MHI RJ Aviation while capturing an altitude. The FAA is Failures,’’ of Chapter 5, ‘‘ABNORMAL ULC airplanes identified in paragraphs (c)(1) issuing this AD to address an engine failure, PROCEDURES’’; as applicable; of the through (6) of this AD, certificated in any if it occurs during or before a climb while in applicable AFM identified in figure 1 to category, all manufacturer serial numbers. ALTS CAP, (V) ALTS CAP, or (V) ALTV CAP paragraph (g) of this AD.
Figure 1 to paragraph (g) - AFM Revision
MHI RJ Aviation ULC Airplane Bombardier AFM AFM Revision Model
Bombardier CRJ Series Regional Jet Revision 73, dated CL-600-2B 19 Model CL-600-2B19 AFM, CSP A-012, January 3, 2020 Volume 1
Bombardier CRJ Series Regional Jet CL-600-2C10 Model CL-600-2C10 (Series 700, 701, Revision 31, dated CL-600-2Cll 702) and CL-600-2Cl 1 (Series 550) May 8, 2020 AFM, CSP B-012
Bombardier CRJ Series Regional Jet CL-600-2D15 Model CL-600-2D24 (Series 900) and Revision 24, dated CL-600-2D24 CL-600-2D15 (Series 705) AFM, CSP March 27, 2020 C-012, Volume 1 Bombardier CRJ Series Regional Jet Revision 23, dated CL-600-2E25 Model CL-600-2E25 (Series 1000) February 14, 2020 AFM, CSP D-012
(h) Credit for Previous Actions actions were performed before the effective specified in figure 2 to paragraph (h) of this This paragraph provides credit for actions date of this AD, using the applicable AFM AD. required by paragraph (g) of this AD, if those
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Figure 2 to paragraph (h) - Credit for Previous AFM Revision
MHI RJ Aviation CRJ Series Regional Jet ULC Airplane Bombardier AFM AFM Revision Model
Revision 70, dated Bombardier CRJ Series Regional Jet July 13, 2018; or CL-600-2B 19 Model CL-600-2B19 AFM, CSP A-012, Volume 1 Revision 68, dated August 4, 2017
Bombardier CRJ Series Regional Jet CL-600-2C10 Model CL-600-2C10 (Series 700, 701, Revision 29, dated CL-600-2Cll 702) and CL-600-2Cl 1 (Series 550) September 20, 2019 AFM, CSP B-012
Bombardier CRJ Series Regional Jet CL-600-2D15 Model CL-600-2D24 (Series 900) and Revision 22, June 7, CL-600-2D24 CL-600-2D15 (Series 705) AFM, CSP 2019 C-012, Volume 1
Bombardier CRJ Series Regional Jet Revision 22, dated CL-600-2E25 Model CL-600-2E25 (Series 1000) September 6, 2019 AFM, CSP D-012
(i) Other FAA AD Provisions CF–2018–32R1, dated August 21, 2020, for PROCEDURES,’’ of Bombardier CRJ Series (1) Alternative Methods of Compliance related information. This MCAI may be Regional Jet Model CL–600–2B19 Airplane (AMOCs): The Manager, New York ACO found in the AD docket on the internet at Flight Manual (AFM), CSP A–012, Volume 1, Branch, FAA, has the authority to approve https://www.regulations.gov by searching for Revision 73, dated January 3, 2020. AMOCs for this AD, if requested using the and locating Docket No. FAA–2021–0098. (iii) Section 02–08, ‘‘System Limitations,’’ procedures found in 14 CFR 39.19. In (2) For more information about this AD, of Chapter 2, ‘‘LIMITATIONS,’’ of accordance with 14 CFR 39.19, send your contact Steven Dzierzynski, Aerospace Bombardier CRJ Series Regional Jet Model request to your principal inspector or Engineer, Avionics and Electrical Systems CL–600–2C10 (Series 700, 701, 702) and CL– responsible Flight Standards Office, as Section, FAA, New York ACO Branch, 1600 600–2C11 (Series 550) AFM, CSP B–012, appropriate. If sending information directly Stewart Avenue, Suite 410, Westbury, NY Revision 31, dated May 8, 2020. to the manager of the certification office, 11590; telephone 516–228–7367; email 9-avs- (iv) Section 05–02, ‘‘In-flight Engine send it to ATTN: Program Manager, [email protected]. Failures,’’ of Chapter 5, ‘‘ABNORMAL Continuing Operational Safety, FAA, New (3) Service information identified in this PROCEDURES,’’ of Bombardier CRJ Series York ACO Branch, 1600 Stewart Avenue, AD that is not incorporated by reference is Regional Jet Model CL–600–2C10 (Series 700, available at the addresses specified in Suite 410, Westbury, NY 11590; telephone 701, 702) and CL–600–2C11 (Series 550) paragraphs (k)(3) and (4) of this AD. 516–228–7300; fax 516–794–5531. Before AFM, CSP B–012, Revision 31, dated May 8, using any approved AMOC, notify your (k) Material Incorporated by Reference 2020. appropriate principal inspector, or lacking a (v) Section 02–08, ‘‘System Limitations,’’ of principal inspector, the manager of the (1) The Director of the Federal Register Chapter 2, ‘‘LIMITATIONS,’’ of Bombardier responsible Flight Standards Office. approved the incorporation by reference CRJ Series Regional Jet Model CL–600–2D24 (2) Contacting the Manufacturer: For any (IBR) of the service information listed in this (Series 900) and Model CL–600–2D15 (Series requirement in this AD to obtain instructions paragraph under 5 U.S.C. 552(a) and 1 CFR from a manufacturer, the instructions must part 51. 705) AFM, CSP C–012, Volume 1, Revision be accomplished using a method approved (2) You must use this service information 24, dated March 27, 2020. by the Manager, New York ACO Branch, as applicable to do the actions required by (vi) Section 05–02, ‘‘In-flight Engine FAA; or Transport Canada Civil Aviation this AD, unless this AD specifies otherwise. Failures,’’ of Chapter 5, ‘‘ABNORMAL (TCCA); or MHI RJ Aviation ULC’s TCCA (i) Section 02–08, ‘‘System Limitations,’’ of PROCEDURES,’’ of Bombardier CRJ Series Design Approval Organization (DAO). If Chapter 2, ‘‘LIMITATIONS,’’ of Bombardier Regional Jet Model CL–600–2D24 (Series approved by the DAO, the approval must CRJ Series Regional Jet Model CL–600–2B19 900) and Model CL–600–2D15 (Series 705) include the DAO-authorized signature. Airplane Flight Manual (AFM), CSP A–012, AFM, CSP C–012, Volume 1, Revision 24, Volume 1, Revision 73, dated January 3, dated March 27, 2020. (j) Related Information 2020. (vii) Section 02–08, ‘‘System Limitations,’’ (1) Refer to Mandatory Continuing (ii) Section 05–02, ‘‘In-flight Engine of Chapter 2, ‘‘LIMITATIONS,’’ of Airworthiness Information (MCAI) TCCA AD Failures,’’ of Chapter 5, ‘‘ABNORMAL Bombardier CRJ Series Regional Jet Model
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CL–600–2E25 (Series 1000) AFM, CSP D– 3, 2020, that addresses additional rule) from the regional haze provisions 012, Revision 23, dated February 14, 2020. amendments to the regional haze provided in NDAC section 33–15–25.1 (viii) Section 05–02, ‘‘In-flight Engine provisions of the NDAC. The 2020 SIP We also proposed to approve a Failures,’’ of Chapter 5, ‘‘ABNORMAL revision was submitted to update the portion of North Dakota’s August 3, PROCEDURES,’’ of Bombardier CRJ Series 2020, SIP revision that addresses NDAC Regional Jet Model CL–600–2E25 (Series incorporation by reference date for regional haze definitions, add emission section 33.1–15–25 of the Air Pollution 1000) AFM, CSP D–012, Revision 23, dated 2 February 14, 2020. reduction requirements to make Control Rules for regional haze. (3) For Bombardier service information reasonable progress during the second Specifically, we proposed to approve identified in this AD, contact MHI RJ and subsequent regional haze planning the following revisions to NDAC: Aviation ULC, 12655 Henri-Fabre Blvd., periods, and revise the regional haze Section 33.1–15–25–01 which updates Mirabel, Que´bec J7N 1E1 Canada; Widebody the incorporation by reference date for monitoring, recordkeeping, and Customer Response Center North America regional haze definitions; section 33.1– reporting requirements to be applicable toll-free telephone +1–844–272–2720 or 15–25–03 which adds emission direct-dial telephone +1–514–855–8500; fax under the second and subsequent reduction requirements to make +1–514–855–8501; email [email protected]; planning period. EPA is taking this reasonable progress for the second and internet https://mhirj.com. action pursuant to section 110 and Part subsequent planning periods; and (4) You may view this service information C of the Clean Air Act (CAA). at the FAA, Airworthiness Products Section, section 33.1–15–25–04 which revises Operational Safety Branch, 2200 South 216th DATES: This rule is effective on July 8, the regional haze monitoring, St., Des Moines, WA. For information on the 2021. recordkeeping, and reporting availability of this material at the FAA, call requirements to be applicable to sources 206–231–3195. ADDRESSES: The EPA has established a under the second and subsequent (5) You may view this service information docket for this action under Docket ID planning periods. that is incorporated by reference at the No. EPA–R08–OAR–2021–0002. All We did not receive any comments on National Archives and Records documents in the docket are listed on the proposed rule. Administration (NARA). For information on the http://www.regulations.gov website. II. Final Action the availability of this material at NARA, Although listed in the index, some email [email protected], or go to: https:// information is not publicly available, In this action, EPA is finalizing www.archives.gov/federal-register/cfr/ibr- approval on SIP amendments to North locations.html. e.g., CBI or other information whose disclosure is restricted by statute. Dakota Air Pollution Control Rules, Issued on May 11, 2021. Certain other material, such as shown in Table 1, submitted by the Lance T. Gant, copyrighted material, is not placed on State of North Dakota on November 11, Director, Compliance & Airworthiness 2016, and supplemented March 15, the internet and will be publicly Division, Aircraft Certification Service. 2021, and August 3, 2020. available only in hard copy form. [FR Doc. 2021–11956 Filed 6–7–21; 8:45 am] Publicly available docket materials are TABLE 1—LIST OF NORTH DAKOTA BILLING CODE 4910–13–P available through http:// AMENDMENTS THAT EPA IS AP- www.regulations.gov, or please contact PROVING the person identified in the FOR FURTHER ENVIRONMENTAL PROTECTION Amended Sections in the November 11, 2016 INFORMATION CONTACT section for AGENCY Submittal, Supplemented March 15, 2021 additional availability information. NDAC section 33–15–25–02.1,3 NDAC section 33– 15–25–03.4 40 CFR Part 52 FOR FURTHER INFORMATION CONTACT: Amended Sections in the August 3, 2020 [EPA–R08–OAR–2021–0002; FRL–10024– Jaslyn Dobrahner, Air and Radiation Submittal 54–Region 8] Division, EPA, Region 8, Mailcode NDAC section 33.1–15–25–01, NDAC section 33.1– 8ARD–IO, 1595 Wynkoop Street, 15–25–03, NDAC section 33.1–15–25–04. Approval and Promulgation of Denver, Colorado 80202–1129, (303) III. Incorporation by Reference Implementation Plans; North Dakota; 312–6252, [email protected]. In this document, EPA is finalizing Revisions to Air Pollution Control regulatory text that includes Rules; Regional Haze SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ incorporation by reference. In AGENCY: Environmental Protection and ‘‘our’’ means the EPA. accordance with requirements of 1 CFR Agency (EPA). 51.5, EPA is finalizing the incorporation I. Background ACTION: Final rule. 1 On August 6, 2018, North Dakota submitted a The background for this action is SUMMARY: The Environmental Protection SIP to EPA that recodified the Air Pollution Control discussed in detail in our April 1, 2021 Rules, including those that address regional haze, Agency (EPA) is finalizing approval on proposal (86 FR 17101). In that from NDAC section 33–15 to NDAC section 33.1– a revision to the North Dakota State 15. EPA approved the recodification on February 5, document we proposed to approve Implementation Plan (SIP) submitted by 2019 (84 FR 1610). The recodification made the North Dakota’s regional haze SIP regional haze section of NDAC to be changed from the State of North Dakota on November revision submitted by the State of North section 33–15–25 to section 33.1–15–25. The 2018 11, 2016 and supplemented on March SIP reflected the deletions of section 33.1–15–25– 15, 2021, that addresses amendments to Dakota on November 11, 2016 and 02.1 and section 33.1–15.25–03 (formerly referred the regional haze provisions of the supplemented on March 15, 2021. to as section 33–15–25–02.1 and section 33–15–25– North Dakota Administrative Code Specifically, we proposed to approve 03). North Dakota’s removal of NDAC 2 EPA will act on the remaining portions of the (NDAC). These revisions were ND August 3, 2020, SIP in a separate future submitted to remove certain regional section 33–15–25–02.1 (requirement rulemaking. haze requirements related to Best pertaining to the submittal of a regional 3 Since North Dakota’s NDAC recodification in Available Retrofit Technology (BART) haze BART analysis) and section 33–15– 2018, section 33–15–25–02.1 is referred to as 25–03 (requirement that references the section 33.1–15–25–02.1. in the first planning period. EPA is also 4 federal guidelines for BART Since North Dakota’s NDAC recodification in finalizing approval on a revision to the 2018, section 33–15–25–03 is referred to as section North Dakota SIP submitted on August determinations under the regional haze 33.1–15–25–03.
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by reference of NDAC as described in the Unfunded Mandates Reform Act of This action is not a ‘‘major rule’’ as section II of this preamble. EPA has 1995 (Pub. L. 104–4); defined by 5 U.S.C. 804(2). • made, and will continue to make, these Does not have Federalism Under section 307(b)(1) of the Clean materials generally available through implications as specified in Executive Air Act, petitions for judicial review of www.regulations.gov and at the EPA Order 13132 (64 FR 43255, August 10, this action must be filed in the United Region 8 Office (please contact the 1999); States Court of Appeals for the • Is not an economically significant person identified in the FOR FURTHER appropriate circuit by August 9, 2021. regulatory action based on health or INFORMATION CONTACT section of this Filing a petition for reconsideration by safety risks subject to Executive Order preamble for more information). the Administrator of this final rule does 13045 (62 FR 19885, April 23, 1997); Therefore, these materials have been not affect the finality of this action for approved by EPA for inclusion in the • Is not a significant regulatory action subject to Executive Order 13211 (66 FR the purposes of judicial review nor does SIP, have been incorporated by it extend the time within which a reference by EPA into that plan, are 28355, May 22, 2001); • Is not subject to requirements of petition for judicial review may be filed, fully federally enforceable under and shall not postpone the effectiveness sections 110 and 113 of the CAA as of section 12(d) of the National of such rule or action. This action may the effective date of the final rulemaking Technology Transfer and Advancement not be challenged later in proceedings to of EPA’s approval, and will be Act of 1995 (15 U.S.C. 272 note) because enforce its requirements (see section incorporated by reference in the next application of those requirements would 5 be inconsistent with the CAA; and 307(b)(2)). update to the SIP compilation. • Does not provide EPA with the List of Subjects in 40 CFR Part 52 IV. Statutory and Executive Order discretionary authority to address, as Reviews appropriate, disproportionate human Environmental protection, Air Under the Clean Air Act, the health or environmental effects, using pollution control, Carbon monoxide, Administrator is required to approve a practicable and legally permissible Greenhouse gases, Incorporation by SIP submission that complies with the methods, under Executive Order 12898 reference, Intergovernmental relations, provisions of the Act and applicable (59 FR 7629, February 16, 1994). Lead, Nitrogen dioxide, Ozone, Federal regulations. 42 U.S.C. 7410(k); In addition, the SIP is not approved Particulate matter, Reporting and 40 CFR 52.02(a). Thus, in reviewing SIP to apply on any Indian reservation land recordkeeping requirements, Sulfur submissions, the EPA’s role is to or in any other area where EPA or an oxides, Volatile organic compounds. Indian tribe has demonstrated that a approve state choices, provided that Dated: June 2, 2021. they meet the criteria of the Clean Air tribe has jurisdiction. In those areas of Debra H. Thomas, Act. Accordingly, this action merely Indian country, the rule does not have approves state law as meeting Federal tribal implications and will not impose Acting Regional Administrator, Region 8. substantial direct costs on tribal requirements and does not impose 40 CFR part 52 is amended as follows: additional requirements beyond those governments or preempt tribal law as imposed by state law. For that reason, specified by Executive Order 13175 (65 PART 52—APPROVAL AND this action: FR 67249, November 9, 2000). PROMULGATION OF • Is not a ‘‘significant regulatory The Congressional Review Act, 5 IMPLEMENTATION PLANS action’’ subject to review by the Office U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement of Management and Budget under ■ Fairness Act of 1996, generally provides 1. The authority citation for part 52 Executive Orders 12866 (58 FR 51735, continues to read as follows: October 4, 1993) and 13563 (76 FR 3821, that before a rule may take effect, the January 21, 2011); agency promulgating the rule must Authority: 42 U.S.C. 7401 et seq. • Does not impose an information submit a rule report, which includes a collection burden under the provisions copy of the rule, to each House of the Subpart JJ—North Dakota of the Paperwork Reduction Act (44 Congress and to the Comptroller General U.S.C. 3501 et seq.); of the United States. EPA will submit a ■ 2. In § 52.1820, the table in paragraph • Is certified as not having a report containing this action and other (c) is amended by revising the entries significant economic impact on a required information to the U.S. Senate, ‘‘33.1–15–25–01’’, 33.1–15–25–02’’, substantial number of small entities the U.S. House of Representatives, and ‘‘33.1–15–25–03’’, and ‘‘33.1–15–25–04’’ under the Regulatory Flexibility Act (5 the Comptroller General of the United to read as follows: States prior to publication of the rule in U.S.C. 601 et seq.); § 52.1820 Identification of plan. • Does not contain any unfunded the Federal Register. A major rule mandate or significantly or uniquely cannot take effect until 60 days after it * * * * * affect small governments, described in is published in the Federal Register. (c) * * *
State EPA Rule No. Rule title effective effective Final rule Comments date date citation/date
*******
33.1–15–25. Regional Haze Requirements
33.1–15–25–01 ...... Definitions ...... 7/1/2020 7/8/2021 [insert Federal Register citation], 6/8/2021. 33.1–15–25–02 ...... Best available retrofit technology ...... 7/1/2016 7/8/2021 [insert Federal Register citation], 6/8/2021.
5 62 FR 27968 (May 22, 1997).
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State EPA Rule No. Rule title effective effective Final rule Comments date date citation/date
33.1–15–25–03 ...... Emission reduction measures required to 7/1/2020 7/8/2021 [insert Federal Register citation], make reasonable progress toward the 6/8/2021. national visibility goal. 33.1–15–25–04 ...... Monitoring, recordkeeping, and reporting 7/1/2020 7/8/2021 [insert Federal Register citation], 6/8/2021.
* * * * * Economics and Analytics (OEA) and the ensuring familiarity with the [FR Doc. 2021–11888 Filed 6–7–21; 8:45 am] Wireless Telecommunications Bureau Commission’s rules and procedures BILLING CODE 6560–50–P (WTB) adopt a certification that will be governing Auction 110, OEA and WTB required of each applicant to participate are also taking steps to help bidders in the upcoming auction of flexible-use avoid the consequences to them FEDERAL COMMUNICATIONS licenses in the 3.45–3.55 GHz band associated with defaults, as well as the COMMISSION (Auction 110). Specifically, each consequences for other applicants, the applicant for Auction 110 will be public, and the Commission associated 47 CFR Parts 1 and 27 required to certify in its short-form therewith. This certification, along with [AU Docket No. 21–62; DA 21–567; FR ID application that it has read the public the other certifications required 29366] notice describing the procedures for the pursuant to § 1.2105(a) of the auction and that it has familiarized itself Commission’s rules, helps ensure that Certification Adopted for Auction of both with the auction procedures and auction applicants are sincere about Flexible-Use Service Licenses in the with the requirements for obtaining a their interest in the auction, and it may 3.45–3.55 Band for Next-Generation license and operating facilities in the discourage the filing of frivolous Wireless Services (Auction 110) 3.45–3.55 GHz band. applications that waste Commission 2. In the Auction 110 Comment Public resources. AGENCY: Federal Communications Notice, 86 FR 18000 (April 7, 2021), 5. For these reasons, OEA and WTB Commission. released March 18, 2021, the will require each Auction 110 applicant ACTION: Final action; requirement and Commission sought comment on a range to certify as follows in its short-form procedure. of proposed procedures for conducting application: Auction 110, including a proposal to SUMMARY: In this document, the Office That the applicant has read the public notice require each participant in Auction 110 of Economics and Analytics and the adopting procedures for the auction and that to certify in its short-form application, Wireless Telecommunications Bureau it has familiarized itself both with the under penalty of perjury, that it has read auction procedures and with the adopt a certification that will be the public notice adopting procedures requirements for obtaining a license and required of each applicant to participate for the auction and that it has operating facilities in the 3.45–3.55 GHz in the upcoming auction of flexible-use familiarized itself both with the auction band. licenses in the 3.45–3.55 GHz band procedures and with the requirements (Auction 110). An applicant will provide this for obtaining a license and operating certification under penalty of perjury, DATES: The Commission will publish a facilities in the 3.45–3.55 GHz band. As consistent with § 1.2105(a) of the document in the Federal Register with other certifications required to be Commission’s rules. announcing the effective date of the made in an auction application, a failure 6. This action is taken by the Office certification requirement. to make the certification would render of Economics and Analytics, jointly FOR FURTHER INFORMATION CONTACT: the application unacceptable for filing, with the Wireless Telecommunications Auction 110 Information: Mary Lovejoy and the application would be dismissed Bureau, pursuant to §§ 0.21(m) and or Andrew McArdell at 202–418–0660. with prejudice. 0.131(c) of the Commission’s rules. This SUPPLEMENTARY INFORMATION: This is a 3. The Commission proposed to requirement is an information collection summary of the Auction 110 establish this requirement to help that is subject to approval by the Office Certification Requirement Public Notice, ensure that each applicant has reviewed of Management and Budget (OMB), released on May 19, 2021. The complete the procedures to become a qualified pursuant to the Paperwork Reduction text of the Auction 110 Certification bidder and participate in the auction Act of 1995, Public Law 104–13. Requirement Public Notice, including process and that it has investigated and Accordingly, this requirement will attachments and any related documents, assessed technical and business factors apply to applicants for Auction 110 only is available on the Commission’s that may be relevant to its use of the if it has been approved by OMB and website at www.fcc.gov/auction/110 or licenses being offered. The Commission notice of such approval has been by using the search function for AU reasoned that this requirement would published in the Federal Register prior Docket No. 21–62, DA 21–567, on the promote an applicant’s successful to the opening of the short-form Commission’s Electronic Comment participation and would minimize its application window for Auction 110. Filing System (ECFS) web page at risk of auction defaults. www.fcc.gov/ecfs. Alternative formats 4. This certification is designed to Supplemental Final Regulatory are available to persons with disabilities bolster applicants’ efforts to educate Flexibility Analysis by sending an email to [email protected] themselves to the greatest extent 7. As required by the Regulatory or by calling the Consumer & possible about procedures for auction Flexibility Act of 1980, as amended Governmental Affairs Bureau at (202) participation and to ensure that, prior to (RFA), a Supplemental Initial 418–0530 (voice), (202) 418–0432 submitting their short-form Regulatory Flexibility Analysis (TTY). applications, applicants understand (Supplemental IRFA) was incorporated 1. By the Auction 110 Certification their obligation to stay abreast of in the Auction 110 Comment Public Requirement Public Notice, the Office of relevant, forthcoming information. By Notice released in March 2021. The
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Commission sought public comment on underestimates the costs that small and that might be significantly affected. In the proposals in the Auction 110 rural entities incur when participating the Auction 110 Certification Comment Public Notice, including in a Commission auction. RWA states Requirement Public Notice, OEA and comments on the Supplemental IRFA. that, contrary to the Commission’s WTB hereby incorporate by reference One comment was filed addressing the expectations, RWA members regularly the descriptions and estimates of the Supplemental IRFA. The Auction 110 consult attorneys, engineers, and number of small entities from the Certification Requirement Public Notice consultants to participate in previous Regulatory Flexibility establishes a certification requirement to Commission auctions, incurring costs of Analyses in the 3.1–3.55 GHz R&O and be used for Auction 110 and $100,000 on average per auction. RWA FNPRM and the 3.45 GHz Second supplements the Initial and Final provides no support for this cost figure. Report and Order. Regulatory Flexibility Analyses Nor does RWA clarify what portion of 15. Description of Projected completed by the Commission in the this figure represents costs associated Reporting, Recordkeeping, and Other 3.1–3.55 GHz Report and Order (R&O) with applying to participate in the Compliance Requirements for Small and Further Notice of Proposed auction and/or whether the figure may Entities. The Commission designed its Rulemaking (FNPRM), 85 FR 64062, be an aggregate amount for all of its auction application process to minimize October 2, 2020, and 85 FR 66888, trade association members. RWA claims reporting and compliance requirements October 21, 2020, 3.45 GHz Second that the educational materials provided for applicants, including small business Report and Order, 86 FR 17920, April 7, by the Commission are insufficient, as applicants. In the first part of the 2021, and other Commission orders some materials are not provided until Commission’s two-stage auction pursuant to which Auction 110 will be after the short-form application application process, parties desiring to conducted. This present Supplemental deadline. participate in an auction file a Final Regulatory Flexibility Analysis 12. Response to Comments by the streamlined, short-form application in (Supplemental FRFA) conforms to the Chief Counsel for Advocacy of the Small which they certify under penalty of RFA. Business Administration. Pursuant to perjury as to their qualifications. 8. Need for, and Objectives of, the the Small Business Jobs Act of 2010, Eligibility to participate in an auction is Rules. The Auction 110 Certification which amended the RFA, the based on an applicant’s short-form Requirement Public Notice implements Commission is required to respond to application and certifications, as well as an element of the auction procedures for any comments filed by the Chief its upfront payment. The Auction 110 those entities that seek to bid to acquire Counsel for Advocacy of the Small Certification Requirement Public Notice licenses in Auction 110, which will be Business Administration (SBA) and to adds to the existing certifications that the Commission’s third auction of mid- provide a detailed statement of any are required under the Commission’s band spectrum in furtherance of the changes made to the proposed competitive bidding rules a certification deployment of fifth-generation (5G) procedures as a result of those that is specific to Auction 110. wireless, the Internet of Things (IoT), comments. The Chief Counsel did not 16. Typically, the auction procedures and other advanced spectrum-based file any comments in response to the informs prospective applicants that they services. procedures that were proposed in the are expected to familiarize themselves 9. To promote the efficient and fair Auction 110 Comment Public Notice. with the Commission’s general administration of the competitive 13. Description and Estimate of the competitive bidding rules, Commission bidding process for all Auction 110 Number of Small Entities to Which the decisions regarding competitive bidding participants, OEA and WTB adopt a Rules Will Apply. The RFA directs procedures, application requirements, procedure requiring each Auction 110 agencies to provide a description of, obligations of Commission licensees, applicant to certify that it has read the and, where feasible, an estimate of the and the Commission’s service rules for public notice adopting procedures for number of small entities that may be the frequency band available in the the auction and that it has familiarized affected by the rules and policies auction, and that they must be itself both with the auction procedures adopted herein. The RFA generally thoroughly familiar with the and with the requirements for obtaining defines the term ‘‘small entity’’ as procedures, terms, and conditions a license and operating facilities in the having the same meaning as the terms contained in the public notice adopting 3.45–3.55 GHz band, consistent with the ‘‘small business,’’ ‘‘small organization,’’ procedures for the auction. OEA and proposal made in the Auction 110 and ‘‘small governmental jurisdiction.’’ WTB therefore do not expect that the Comment Public Notice. In addition, the term ‘‘small business’’ certification requirement adopted in the 10. This requirement is an element of has the same meaning as the term small Auction 110 Certification Requirement the more specific implementation of the business concern under the Small Public Notice will increase the need for competitive bidding rules contemplated Business Act. A ‘‘small business small entities to hire attorneys, by parts 1 and 27 of the Commission’s concern’’ is one which: (1) Is engineers, consultants, or other rules and the underlying rulemaking independently owned and operated, (2) professionals because it does not decisions regarding the 3.45–3.55 GHz is not dominant in its field of operation, increase the level of education or due band, including the 3.45 GHz Second and (3) satisfies any additional criteria diligence beyond what was required of Report and Order, and relevant established by the SBA. applicants prior to the adoption of the competitive bidding orders, and are 14. As noted above, Regulatory certification requirement, and thus it fully consistent therewith. Flexibility Analyses were incorporated should not increase an applicant’s 11. Summary of Significant Issues into the 3.1–3.55 GHz R&O and FNPRM burden in complying with the Raised by Public Comments in Response and the 3.45 GHz Second Report and additional certification requirement. to the Supplemental IRFA. One party— Order. These decisions provide the The public notice adopting the the Rural Wireless Association (RWA)— underlying authority for the procedures procedures for Auction 110 will be filed comments that address issues proposed in the Auction 110 Comment made publicly available on the Auction raised in the Supplemental IRFA. RWA Public Notice and are adopted herein for 110 web page, and the 3.45 GHz Second argues that the Commission’s analysis in Auction 110. In those regulatory Report and Order is already publicly the Auction 110 Comment Public flexibility analyses, the Commission available on both the Commission’s Notice’s Supplemental IRFA described in detail the small entities main website and the Auction 110 web
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page. OEA and WTB believe that these already have access to the 3.45 GHz FEDERAL COMMUNICATIONS materials are sufficient to ensure that Second Report and Order on both the COMMISSION Auction 110 applicants can certify Commission’s main website and the truthfully that they have read the Auction 110 web page. The Commission 47 CFR Part 54 auction procedures and familiarized makes this information publicly [WC Docket Nos. 18–143, 10–90, 14–58; FCC themselves with the relevant rules and available and easily accessible and 19–95; FRS 30653] requirements. without charge to benefit all potential 17. RWA does not provide evidence Auction 110 applicants, including small The Uniendo a Puerto Rico Fund and that outside consultants are needed to entities, thereby lowering their the Connect USVI Fund, Connect enable an entity to certify truthfully that administrative costs to comply with the America Fund, ETC Annual Reports it has read the public notice adopting Commission’s competitive bidding and Certifications the procedures for the auction and that rules. AGENCY: Federal Communications it has familiarized itself both with the 20. Small entities and other auction Commission. auction procedures and with the participants may seek clarification of, or requirements for obtaining a license and guidance regarding, the Auction 110 ACTION: Final rule; announcement of operating facilities in the 3.45–3.55 GHz procedures and the service rules for the effective date. band. Instead, RWA claims that small 3.45–3.55 GHz band rules prior to the SUMMARY: In this document, the Federal entity bidders cannot make complex Auction 110 application window. Communications Commission decisions on the future impacts of Additionally, an FCC Auctions Hotline (Commission) announces that the Office auction bidding, participation, and will provide small entities one-on-one of Management and Budget (OMB) has winning bidder compliance access to Commission staff for approved, for a period of three years, an requirements without outside counsel. information about the auction process information collection associated with In doing so, RWA appears to conflate and procedures. The FCC Auctions the rules for the Connect America Fund compliance with auction procedures (in Technical Support Hotline is another this case, certifying that they have read contained in the Commission’s Uniendo resource that provides technical the public notice adopting procedures a Puerto Rico Fund and Connect USVI assistance to applicants, including small for Auction 110 and familiarized Fund Order, FCC 19–95. This document entities, on issues such as access to or themselves with those procedures and is consistent with the Uniendo a Puerto navigation within the electronic FCC the service rules for the 3.45–3.55 GHz Rico Fund and Connect USVI Fund Form 175 and use of the bidding system. band) with the development of bidding Order, which stated that the strategies and compliance with the 21. The Commission also makes Commission would publish a document relevant service rules. The Commission various databases and other sources of in the Federal Register announcing the does not believe that outside information, including the auctions effective date of the new information consultants of this sort are necessary for program web pages and copies of collection requirements. Commission decisions, available to the an applicant to comply with this DATES: The amendments to § 54.313(e) public without charge, providing a low- certification requirement. introductory text, (e)(2) introductory cost mechanism for small entities to 18. Steps Taken to Minimize the text and paragraphs (n) and (o) conduct research prior to and Significant Economic Impact on Small published at 84 FR 59937, November 7, throughout the auction. Entities, and Significant Alternatives 2019 are effective June 8, 2021. Considered. The RFA requires an 22. These procedures for the conduct FOR FURTHER INFORMATION CONTACT: agency to describe any significant, of Auction 110 constitute the more specifically small business, alternatives specific implementation of the Suzanne Yelen, Wireline Competition that it has considered in reaching its competitive bidding rules contemplated Bureau at (202) 418–7400 or TTY (202) approach, which may include the by parts 1 and 27 of the Commission’s 418–0484. For additional information following four alternatives (among rules and the underlying rulemaking concerning the Paperwork Reduction others): (1) the establishment of decisions regarding the 3.45–3.55 GHz Act information collection requirements differing compliance or reporting band, including the 3.45 GHz Second contact Nicole Ongele at (202) 418–2991 requirements or timetables that take into Report and Order and relevant or via email: [email protected]. account the resources available to small competitive bidding decisions, and are SUPPLEMENTARY INFORMATION: The entities; (2) the clarification, fully consistent therewith. Commission submitted revised consolidation, or simplification of 23. Report to Congress. The information collection requirements for compliance and reporting requirements Commission will send a copy of the review and approval by OMB, as under the rule for such small entities; Auction 110 Certification Requirement required by the Paperwork Reduction (3) the use of performance rather than Public Notice, including the Act (PRA) of 1995, on March 8, 2021, design standards; and (4) an exemption Supplemental FRFA, in a report to which were approved by OMB on May from coverage of the rule, or any part Congress pursuant to the Congressional 10, 2021. The information collection thereof, for such small entities. Review Act. In addition, the requirements are contained in the 19. The Commission has taken steps Commission will send a copy of the Commission’s Uniendo a Puerto Rico to minimize any economic impact of its Auction 110 Certification Requirement Fund and Connect USVI Fund Order, auction procedures on small entities Public Notice, including the FCC 19–95 published at 84 FR 59937, through, among other things, the many Supplemental FRFA, to the Chief November 7, 2019. The OMB Control free resources the Commission provides Counsel for Advocacy of the SBA. Number is 3060–0986. If you have any to potential auction participants. comments on the burden estimates Consistent with the past practices in Federal Communications Commission. listed in the following, or how the prior auctions, small entities that are Erik Salovaara, Commission can improve the potential participants will have access Assistant Chief, Auctions Division, Office of collections and reduce any burdens to the public notice adopting the Economics and Analytics. caused thereby, please contact Nicole procedures for Auction 110 prior to the [FR Doc. 2021–11694 Filed 6–7–21; 8:45 am] Ongele, Federal Communications opening of the application window, and BILLING CODE 6712–01–P Commission, 45 L Street NE,
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Washington, DC 20554. Please include 201–206, 214, 218–220, 251, 252, 254, Rcd 7227 (Wireline Comp. Bur. 2013); the OMB Control Number, 3060–0986, 256, 303(r), 332, 403, 405, 410, and Connect America Fund, WC Docket No. in your correspondence. The 1302. 10–90, Report and Order, 28 FCC Rcd Commission will also accept your Total Annual Burden: 53,955 hours. 7766 (Wireline Comp. Bur. 2013); comments via email at [email protected]. Total Annual Cost: No Cost. Connect America Fund, WC Docket No. To request materials in accessible Privacy Act Impact Assessment: No 10–90, Report and Order, 28 FCC Rcd formats for people with disabilities impact(s). 7211 (Wireline Comp. Bur. 2013); (braille, large print, electronic files, Nature and Extent of Confidentiality: Connect America Fund, WC Docket No. audio format), send an email to fcc504@ The Commission notes that the 10–90, Report and Order, 28 FCC Rcd fcc.gov or call the Consumer and Universal Service Administrative 10488 (Wireline Comp. Bur. 2013); Governmental Affairs Bureau at (202) Company (USAC) must preserve the Connect America Fund et al., WC 418–0530 (voice), (202) 418–0432 confidentiality of all data obtained from Docket No. 10–90 et al., Report and (TTY). respondents and contributors to the Order, Order and Order on universal service support program Reconsideration and Further Notice of Synopsis mechanism; must not use the data Proposed Rulemaking, 31 FCC Rcd 3087 As required by the Paperwork except for purposes of administering the (2016); Connect America Fund et al., Reduction Act of 1995 (44 U.S.C. 3507), universal service program; must not use WC Docket Nos. 10–90, 16–271; WT the Commission is notifying the public the data except for purposes of Docket No. 10–208, Report and Order that it received OMB approval on May administering the universal support and Further Notice of Proposed 10, 2021, for the information collection program; and must not disclose data in Rulemaking, 31 FCC Rcd 10139 (2016); requirements contained in 47 CFR company-specific form unless directed Connect America Fund; ETC Annual 54.313(e) introductory text, (e)(2) to do so by the Commission. Parties may Reports and Certifications, WC Docket introductory text and paragraphs (n) and submit confidential information in Nos. 10–90, 14–58, Order, 32 FCC Rcd (o) published at 84 FR 59937, November relation to the Privately Held Rate-of- 968 (2017); Connect America Fund et 7, 2019. Under 5 CFR part 1320, an Return Carrier Financial Information al., WC Docket No. 10–90 et al., Report agency may not conduct or sponsor a requirement pursuant to a protective and Order, Further Notice of Proposed collection of information unless it order. Also, respondents may request Rulemaking, and Order on displays a current, valid OMB Control materials or information submitted to Reconsideration, 33 FCC Rcd 11893 Number. the Commission or to the Administrator (2018); Connect America Fund; ETC No person shall be subject to any believed confidential to be withheld Annual Reports and Certifications, WC penalty for failing to comply with a from public inspection under 47 CFR Docket Nos. 10–90, 14–58, Report and collection of information subject to the 0.459 of the FCC’s rules. Order, 32 FCC Rcd 5944 (2017). The Paperwork Reduction Act that does not Needs and Uses: On November 18, Commission has received OMB display a current, valid OMB Control 2011, the Commission adopted an order approval for most of the information Number. The OMB Control Number is reforming its high-cost universal service collections required by these orders. At 3060–0986. support mechanisms. Connect America a later date, the Commission plans to The foregoing notification is required Fund; A National Broadband Plan for submit additional revisions for OMB by the Paperwork Reduction Act of Our Future; Establish Just and review to address other reforms adopted 1995, Public Law 104–13, October 1, Reasonable Rates for Local Exchange in the orders. 1995, and 44 U.S.C. 3507. Carriers; High-Cost Universal Service More recently, the Commission The total annual reporting burdens Support; Developing a Unified adopted the Uniendo a Puerto Rico and costs for the respondents are as Intercarrier Compensation Regime; Fund and Connect USVI Fund Order, follows: Federal-State Joint Board on Universal which allocated nearly a billion OMB Control Number: 3060–0986. Service; Lifeline and Link-Up; Universal additional dollars to United States OMB Approval Date: May 10, 2021. Service Reform—Mobility Fund, WC territories that had suffered extensive OMB Expiration Date: May 31, 2024. Docket Nos. 10–90, 07–135, 05–337, 03– infrastructure damage due to Hurricanes Title: High-Cost Universal Service 109; GN Docket No. 09–51; CC Docket Irma and Maria. The Uniendo a Puerto Support. Nos. 01–92, 96–45; WT Docket No. 10– Rico Fund and the Connect USVI Fund, Form Number: FCC Form 481 and 208, Order and Further Notice of et al., WC Docket No. 18–143, et al., FCC Form 525. Proposed Rulemaking, 26 FCC Rcd Report and Order and Order on Type of Review: Revision of a 17663 (2011) (USF/ICC Transformation Reconsideration, 34 FCC Rcd 9109 currently approved collection. Order), and the Commission and (2019) (Puerto Rico and USVI Stage 2 Respondents: Business or other for- Wireline Competition Bureau have since Order). The Commission adopted profit, Not-for-profit institutions and adopted a number of orders that similar accountability measures for State, Local or Tribal Government. implement the USF/ICC Transformation recipients of this support as required of Number of Respondents and Order; see also Connect America Fund other high-cost support recipients to Responses: 2,049 unique respondents; et al., WC Docket No. 10–90 et al., Third ensure that providers receive support 14,358 responses. Order on Reconsideration, 27 FCC Rcd ‘‘only for the provision, maintenance, Estimated Time per Response: 0.1–15 5622 (2012); Connect America Fund et and upgrading of facilities and services hours. al., WC Docket No. 10–90 et al., Order, for which the support is intended.’’ Frequency of Response: On occasion, 27 FCC Rcd 605 (Wireline Comp. Bur. Puerto Rico and USVI Stage 2 Order, 34 quarterly and annual reporting 2012); Connect America Fund et al., WC FCC Rcd at 9149, para. 72. requirements, recordkeeping Docket No. 10–90 et al., Fifth Order on In the 2019 Supply Chain Order, the requirement and third party disclosure Reconsideration, 27 FCC Rcd 14549 Commission also adopted a rule requirement. (2012); Connect America Fund et al., prohibiting the use of USF support to Obligation to Respond: Required to WC Docket No. 10–90 et al., Order, 28 purchase or obtain any equipment or obtain or retain benefits. Statutory FCC Rcd 2051 (Wireline Comp. Bur. services produced or provided by a authority for this information collection 2013); Connect America Fund et al., WC covered company posing a national is contained in 47 U.S.C. 151–154, 155, Docket No. 10–90 et al., Order, 28 FCC security threat to the integrity of
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communications networks or the the Uniendo a Puerto Rico Fund and 12:01 a.m., local time, on July 9, 2021, communications supply chain. Connect USVI Fund programs. See and closes at 12:01 a.m., local time, on Protecting Against National Security Puerto Rico and USVI Stage 2 Order, 34 July 12, 2021, unless changed by Threats to the Communications Supply FCC Rcd at 9150, para. 74. subsequent notification in the Federal Chain Through FCC Programs, WC The Commission therefore revises this Register. Docket No. 18–89, Report and Order, information collection, as well as Form FOR FURTHER INFORMATION CONTACT: Further Notice of Proposed Rulemaking, 481 and its accompanying instructions, Mary Vara, NMFS Southeast Regional and Order, 34 FCC Rcd 11423, 11433, to reflect these new and revised Office, telephone: 727–824–5305, email: para. 26. See also 47 CFR 54.9. In June requirements. We also eliminated one [email protected]. 2020, the Public Safety and Homeland requirement that is associated with SUPPLEMENTARY INFORMATION: The South Security Bureau issued final obligations no longer in effect for certain Atlantic snapper-grouper fishery designations of Huawei Technologies carriers. Any increased burdens for includes red snapper and is managed Company (Huawei) and ZTE Corp. reporting requirements account for the under the Fishery Management Plan for (ZTE) as covered companies for the additional carriers that will be subject to the Snapper-Grouper Fishery of the purposes of this rule. Protecting Against those requirements as a condition for South Atlantic Region (FMP). The South National Security Threats to the receiving high-cost support. Atlantic Fishery Management Council Communications Supply Chain Through Federal Communications Commission. (Council) prepared the FMP, and the FCC Programs—Huawei Designation, Marlene Dortch, FMP is implemented by NMFS under WC Docket No. 19–351, Order, 35 FCC Secretary, Office of the Secretary. the authority of the Magnuson-Stevens Rcd 6604 (PSHSB June 30, 2020) Fishery Conservation and Management (Huawei Designation Order); Protecting [FR Doc. 2021–11903 Filed 6–7–21; 8:45 am] BILLING CODE 6712–01–P Act (Magnuson-Stevens Act) by Against National Security Threats to the regulations at 50 CFR part 622. Communications Supply Chain Through For South Atlantic red snapper, the FCC Programs—ZTE Designation, WC DEPARTMENT OF COMMERCE commercial AM requires the sector to Docket No. 19–352, Order, 35 FCC Rcd close when commercial landings reach 6633 (PSHSB June 30, 2020) (ZTE or are projected to reach the commercial Designation Order). Accordingly, USF National Oceanic and Atmospheric Administration ACL. The recreational AM is the length recipients may not use USF funds to of the recreational season, with NMFS purchase, obtain, maintain, improve, 50 CFR Part 622 projecting the season length based on modify, manage, or otherwise support catch rate estimates from previous years. Huawei or ZTE equipment or services in [Docket No. 1710319998630–02] The commercial ACL is 124,815 lb any way, including upgrades to existing RTID 0648–XB091 (56,615 kg), round weight, and in 2020, Huawei or ZTE equipment and services. NMFS closed the commercial sector on Huawei Designation Order, 35 FCC Rcd Fisheries of the Caribbean, Gulf of September 5 as a result of the at 6608, para. 10; ZTE Designation Mexico, and South Atlantic; Snapper- commercial ACL being projected to be Order, 35 FCC Rcd at 6637, para. 10. Grouper Resources of the South met (85 FR 54943; September 3, 2020). Moreover, USF recipients must certify Atlantic; 2021 Red Snapper Subsequent to the commercial closure it that they are in compliance with this Commercial and Recreational Fishing was determined that the commercial rule. 2019 Supply Chain Order, 34 FCC Seasons ACL was exceeded in 2020 by 9,650 lb Rcd at 11454, para. 79; see also 47 CFR (4,377 kg), round weight. The 54.9. AGENCY: National Marine Fisheries recreational ACL is 29,656 fish, and Lastly, in the CAF Phase II Auction Service (NMFS), National Oceanic and preliminary landings information show Order, in addition to rules requiring Atmospheric Administration (NOAA), this ACL was exceeded in the 4-day Connect America Phase II auction Commerce. fishing season in 2020 by 13,116 fish. support recipients to report regarding ACTION: Temporary rule; 2021 fishing For 2021, NMFS has determined that support used for capital expenditures, seasons notice. the landings from the recreational sector certify regarding available funds, and are expected to reach the recreational SUMMARY: NMFS announces the limited certify that the Phase II-funded network ACL in 3 days. meets performance requirements, the opening of commercial and recreational The commercial season for South Commission also adopted rules red snapper in the exclusive economic Atlantic red snapper begins each year requiring that Phase II auction support zone (EEZ) of the South Atlantic for the on the second Monday in July and recipients must report information on 2021 fishing year. This notice closes when the commercial ACL is served community anchor institutions announces the 2021 red snapper reached or is projected to be reached. and certify regarding bidding on FCC commercial season opening date and the Accordingly, the 2021 commercial Form 470 postings for eligible schools opening and closing dates for the red season opens on July 12, 2021, and will and libraries in census blocks where the snapper recreational season, according remain open until 12:01 a.m., local time, carrier receives auction support. to the accountability measures (AMs). on January 1, 2022, unless the Connect America Fund, et al., WC This season announcement for South commercial ACL is reached or projected Docket No. 10–90, et al., Report and Atlantic red snapper allows fishers to to be reached prior to this date. During Order and Further Notice of Proposed maximize their opportunity to harvest the commercial fishing season, the Rulemaking, 31 FCC Rcd 5949 (2016) the commercial and recreational annual commercial trip limit is 75 lb (34 kg), (CAF Phase II Auction Order). catch limits (ACLs) while also managing gutted weight. NMFS will monitor Recipients of Uniendo a Puerto Rico harvest to protect the red snapper commercial landings during the open Fund and Connect USVI Fund Stage 2 resource. season, and if commercial landings support must also observe these DATES: The 2021 commercial red reach or are projected to reach the requirements in addition to the general snapper season opens at 12:01 a.m., commercial ACL, then NMFS will file a requirements for high-cost support local time, July 12, 2021. The 2021 notification with the Office of the recipients and requirements specific to recreational red snapper season opens at Federal Register to close the commercial
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sector for red snapper for the remainder Act. This action is required by 50 CFR the fishing seasons now allows each of the fishing year. 622.183(b)(5)(i) and 622.193(y), which sector to prepare for the upcoming The recreational season for South was issued pursuant to section 304(b), harvest, provides opportunity to for-hire Atlantic red snapper begins on the and is exempt from review under fishing vessels to book trips that could second Friday in July. Accordingly, the Executive Order 12866. increase their revenues and profits, and 2021 recreational red snapper season Pursuant to 5 U.S.C. 553(b)(B), there gives the South Atlantic states just opens at 12:01 a.m., local time, on July is good cause to waive prior notice and enough time to prepare for their 9, 2021, and closes at 12:01 a.m., local an opportunity for public comment on respective data collection needs for the time, on July 12, 2021. During the this action, as notice and comment season. recreational season, the recreational bag would be unnecessary and contrary to For the aforementioned reasons, the limit is one red snapper per person, per the public interest. Such procedures are Acting Assistant Administrator for day. After the recreational sector unnecessary because the rule NMFS also finds good cause to waive closure, the bag and possession limits establishing the red snapper ACLs and the 30-day delay in the effectiveness of for red snapper are zero. AMs has already been subject to notice this action under 5 U.S.C. 553(d)(3). There is not a red snapper minimum and comment, and all that remains is to Authority: 16 U.S.C. 1801 et seq. or maximum size limit for the notify the public of the respective commercial and recreational sectors commercial and recreational fishing Dated: June 3, 2021. during the open seasons. seasons. In addition, providing prior Jennifer M. Wallace, notice and an opportunity for public Acting Director, Office of Sustainable Classification comment is contrary to the public Fisheries, National Marine Fisheries Service. NMFS issues this action pursuant to interest because the seasons begin in [FR Doc. 2021–12004 Filed 6–4–21; 8:45 am] section 305(d) of the Magnuson-Stevens early July and announcing the length of BILLING CODE 3510–22–P
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Proposed Rules Federal Register Vol. 86, No. 108
Tuesday, June 8, 2021
This section of the FEDERAL REGISTER • Federal eRulemaking Portal: Go to under ADDRESSES. Include ‘‘Docket No. contains notices to the public of the proposed https://www.regulations.gov. Follow the FAA–2021–0453; Project Identifier issuance of rules and regulations. The instructions for submitting comments. MCAI–2021–00377–R’’ at the beginning purpose of these notices is to give interested • Fax: 202–493–2251. of your comments. The most helpful persons an opportunity to participate in the • Mail: U.S. Department of comments reference a specific portion of rule making prior to the adoption of the final rules. Transportation, Docket Operations, M– the proposal, explain the reason for any 30, West Building Ground Floor, Room recommended change, and include W12–140, 1200 New Jersey Avenue SE, supporting data. The FAA will consider DEPARTMENT OF TRANSPORTATION Washington, DC 20590. all comments received by the closing • Hand Delivery: Deliver to Mail date and may amend this proposal Federal Aviation Administration address above between 9 a.m. and 5 because of those comments. p.m., Monday through Friday, except Except for Confidential Business 14 CFR Part 39 Federal holidays. Information (CBI) as described in the For material that is proposed for IBR following paragraph, and other [Docket No. FAA–2021–0453; Project information as described in 14 CFR Identifier MCAI–2021–00377–R] in this AD, contact the EASA, Konrad- Adenauer-Ufer 3, 50668 Cologne, 11.35, the FAA will post all comments RIN 2120–AA64 Germany; telephone +49 221 8999 000; received, without change, to https:// email [email protected]; internet www.regulations.gov, including any Airworthiness Directives; Airbus www.easa.europa.eu. You may find this personal information you provide. The Helicopters IBR material on the EASA website at agency will also post a report AGENCY: Federal Aviation https://ad.easa.europa.eu. You may summarizing each substantive verbal Administration (FAA), DOT. view this material at the FAA, Office of contact received about this proposal. ACTION: Notice of proposed rulemaking the Regional Counsel, Southwest Confidential Business Information (NPRM). Region, 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, TX 76177. For CBI is commercial or financial SUMMARY: The FAA proposes to information on the availability of this information that is both customarily and supersede Airworthiness Directive (AD) material at the FAA, call 817–222–5110. actually treated as private by its owner. 2021–04–15, which applies to all Airbus It is also available in the AD docket on Under the Freedom of Information Act Helicopters Model AS355E, AS355F, the internet at https:// (FOIA) (5 U.S.C. 552), CBI is exempt AS355F1, AS355F2, AS355N, and www.regulations.gov by searching for from public disclosure. If your AS355NP helicopters; and certain and locating Docket No. FAA–2021– comments responsive to this NPRM Model AS350B3 helicopters. AD 2021– 0453. contain commercial or financial 04–15 requires repetitive visual information that is customarily treated inspections of the right-hand side of the Examining the AD Docket as private, that you actually treat as vertical fin spar for discrepancies You may examine the AD docket on private, and that is relevant or (cracking), and corrective action if the internet at https:// responsive to this NPRM, it is important necessary. Since the FAA issued AD www.regulations.gov by searching for that you clearly designate the submitted 2021–04–15, the FAA has determined and locating Docket No. FAA–2021– comments as CBI. Please mark each that additional actions are required to 0453; or in person at Docket Operations page of your submission containing CBI address the unsafe condition. This between 9 a.m. and 5 p.m., Monday as ‘‘PROPIN.’’ The FAA will treat such proposed AD would retain the through Friday, except Federal holidays. marked submissions as confidential requirements of AD 2021–04–15, and The AD docket contains this NPRM, any under the FOIA, and they will not be would require repetitive cleaning and comments received, and other placed in the public docket of this repetitive detailed inspections for information. The street address for NPRM. Submissions containing CBI cracking of the vertical fin spar and Docket Operations is listed above. should be sent to Kathleen Arrigotti, vertical fin upper attachments, and Comments will be available in the AD Program Manager, Large Aircraft Section, International Validation corrective action if necessary, as docket shortly after receipt. specified in a European Union Aviation Branch, Compliance & Airworthiness FOR FURTHER INFORMATION CONTACT: Division, FAA, 2200 South 216th St., Safety Agency (EASA) AD, which is Kathleen Arrigotti, Program Manager, proposed for incorporation by reference Des Moines, WA 98198; telephone and Large Aircraft Section, International fax 206–231–3218; email (IBR). This proposed AD would also Validation Branch, Compliance & expand the applicability to include [email protected]. Any Airworthiness Division, FAA, 2200 commentary that the FAA receives that additional Model AS350B3 helicopters. South 216th St., Des Moines, WA 98198; The FAA is proposing this AD to is not specifically designated as CBI will telephone and fax 206–231–3218; email be placed in the public docket for this address the unsafe condition on these [email protected]. products. rulemaking. SUPPLEMENTARY INFORMATION: DATES: The FAA must receive comments Background on this proposed AD by July 23, 2021. Comments Invited The FAA issued AD 2021–04–15, ADDRESSES: You may send comments, The FAA invites you to send any Amendment 39–21437 (86 FR 13165, using the procedures found in 14 CFR written relevant data, views, or March 8, 2021) (AD 2021–04–15), which 11.43 and 11.45, by any of the following arguments about this proposal. Send applies to all Airbus Helicopters Model methods: your comments to an address listed AS355E, AS355F, AS355F1, AS355F2,
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AS355N, and AS355NP helicopters; and condition and additional helicopters are 2021–04–15, this proposed AD would certain Model AS350B3 helicopters. AD affected by the identified unsafe retain all of the requirements of AD 2021–04–15 requires repetitive visual condition. This proposed AD was also 2021–04–15. Those requirements are inspections of the right-hand side of the prompted by a report that, during an referenced in EASA AD 2021–0099, vertical fin spar for cracking, and unscheduled post-flight inspection of which, in turn, is referenced in corrective action if necessary. The FAA the tail cone area of an Airbus paragraph (g) of this proposed AD. issued AD 2021–04–15 to address Helicopters Model AS355NP helicopter, Proposed AD Requirements cracking in the spar of the upper part of a crack was found in the spar of the the vertical fin and fractures in the front upper part of the vertical fin and This proposed AD would require attachment screws. This condition fractures were found in the two front accomplishing the actions specified in could lead to in-flight separation of the attachment screws. Airbus Helicopters EASA AD 2021–0099 described upper part of the vertical fin, resulting Model AS350B3 helicopters have a previously, as incorporated by in loss of control of the helicopter. similar vertical fin configuration and are reference, except for any differences subject to comparable load levels as the Actions Since AD 2021–04–15 Was identified as exceptions in the affected Model AS355NP helicopter, regulatory text of this AD. Issued therefore, this model may be subject to The preamble to AD 2021–04–15 the same unsafe condition revealed on Explanation of Required Compliance explains that the FAA was considering the Model AS355NP helicopter. The Information further rulemaking to address the FAA is proposing this AD to address actions specified in paragraph (2) of cracking in the spar of the upper part of In the FAA’s ongoing efforts to EASA AD 2020–0186, dated August 20, the vertical fin and fractures in the front improve the efficiency of the AD 2020. The FAA has now determined attachment screws. This condition process, the FAA initially worked with that further rulemaking is indeed could lead to in-flight separation of the Airbus and EASA to develop a process necessary, and this proposed AD upper part of the vertical fin, resulting to use certain EASA ADs as the primary follows from that determination. This in loss of control of the helicopter. See source of information for compliance proposed AD would require additional the MCAI for additional background with requirements for corresponding actions and would expand the information. FAA ADs. The FAA has since applicability to include additional coordinated with other manufacturers Related Service Information Under 1 and civil aviation authorities (CAAs) to Airbus Helicopters Model AS350B3 CFR Part 51 helicopters (i.e., Model AS350B3 use this process. As a result, EASA AD helicopters modified through EASA AD 2021–0099 specifies 2021–0099 will be incorporated by Eurocopter AS350 Service Bulletin procedures for repetitive visual reference in the FAA final rule. This 55.00.14 in service). Eurocopter AS350 inspections of the right-hand side of the proposed AD would, therefore, require Service Bulletin 55.00.14 was optional vertical fin spar for cracking; repetitive compliance with EASA AD 2021–0099 terminating action in EASA AD 2020– cleaning and repetitive detailed in its entirety, through that 0186. However, helicopters modified by inspections for cracking of the vertical incorporation, except for any differences Eurocopter AS350 Service Bulletin fin spar and vertical fin upper identified as exceptions in the 55.00.14 are affected by fatigue cracking attachments; and corrective action. The regulatory text of this proposed AD. and must be inspected. A terminating corrective action includes repair. Using common terms that are the same This material is reasonably available action is not included in this proposed as the heading of a particular section in because the interested parties have AD. the EASA AD does not mean that access to it through their normal course The EASA, which is the Technical operators need comply only with that of business or by the means identified Agent for the Member States of the section. For example, where the AD in the ADDRESSES section. European Union, has issued EASA AD requirement refers to ‘‘all required 2021–0099, dated April 9, 2021 (EASA FAA’s Determination and Requirements actions and compliance times,’’ AD 2021–0099) (also referred to as the of This Proposed AD compliance with this AD requirement is not limited to the section titled Mandatory Continuing Airworthiness These products have been approved Information, or the MCAI), to correct an ‘‘Required Action(s) and Compliance by the aviation authority of another Time(s)’’ in the EASA AD. Service unsafe condition for all Airbus country, and are approved for operation Helicopters Model AS355E, AS355F, information specified in EASA AD in the United States. Pursuant to the 2021–0099 that is required for AS355F1, AS355F2, AS355N, and bilateral agreement with the State of compliance with EASA AD 2021–0099 AS355NP helicopters; and all Model Design Authority, the FAA has been will be available on the internet at AS350B3 helicopters except those that notified of the unsafe condition https://www.regulations.gov by have that embodied Airbus Helicopters described in the MCAI referenced searching for and locating Docket No. Modification 073148 in production. above. The FAA is proposing this AD FAA–2021–0453 after the FAA final EASA stated that recent analysis after evaluating all the relevant rule is published. identified that AS350B3 helicopters information and determining the unsafe modified through Eurocopter AS350 condition described previously is likely Costs of Compliance Service Bulletin 55.00.14 (any revision) to exist or develop in other products of in service might also be affected by the these same type designs. The FAA estimates that this proposed identified unsafe condition. AD affects 650 helicopters of U.S. This proposed AD was prompted by Explanation of Retained Requirements registry. The FAA estimates the a determination that additional actions Although this proposed AD does not following costs to comply with this are required to address the unsafe explicitly restate the requirements of AD proposed AD:
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ESTIMATED COSTS FOR REQUIRED ACTIONS
Action Labor cost Parts cost Cost per product Cost on U.S. operators
Retained actions from AD 7 work-hours × $85 per hour $0 $595, per inspection/cleaning $386,750, per inspection/ 2021–04–15. = $595, per inspection/ cycle. cleaning cycle. cleaning cycle. New proposed actions ...... 4 work-hours × $85 per hour 0 $340, per inspection/cleaning $221,000, per inspection/ = $340, per inspection/ cycle. cleaning cycle. cleaning cycle.
The FAA estimates the following the results of any required actions. The number of helicopters that might need costs to do any necessary on-condition FAA has no way of determining the these on-condition actions: actions that would be required based on
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Cost per Labor cost Parts cost product
4 work-hours × $85 per hour = $340 ...... $17,052 $17,392
Authority for This Rulemaking under the criteria of the Regulatory (2) Model AS350B3 helicopters, all serial Flexibility Act. numbers except those that have embodied Title 49 of the United States Code Airbus Helicopters Modification 073148 in specifies the FAA’s authority to issue List of Subjects in 14 CFR Part 39 production. rules on aviation safety. Subtitle I, Air transportation, Aircraft, Aviation section 106, describes the authority of (d) Subject safety, Incorporation by reference, Joint Aircraft System Component (JASC) the FAA Administrator. Subtitle VII: Safety. Aviation Programs, describes in more Code 5531, Vertical Stabilizer, Spar/Rib. detail the scope of the Agency’s The Proposed Amendment (e) Unsafe Condition authority. Accordingly, under the authority This AD was prompted by a report that, The FAA is issuing this rulemaking delegated to me by the Administrator, during an unscheduled post-flight inspection under the authority described in the FAA proposes to amend 14 CFR part of the tail cone area of an Airbus Helicopters Subtitle VII, Part A, Subpart III, Section 39 as follows: Model AS355NP helicopter, a crack was 44701: General requirements. Under found in the spar of the upper fin and that section, Congress charges the FAA PART 39—AIRWORTHINESS fractures were found in the two front with promoting safe flight of civil DIRECTIVES attachment screws. The FAA is issuing this AD to address cracking in the spar of the aircraft in air commerce by prescribing ■ 1. The authority citation for part 39 upper part of the vertical fin and fractures in regulations for practices, methods, and the front attachment screws. This condition procedures the Administrator finds continues to read as follows: could lead to in-flight separation of the upper necessary for safety in air commerce. Authority: 49 U.S.C. 106(g), 40113, 44701. part of the vertical fin, resulting in loss of This regulation is within the scope of control of the helicopter. § 39.13 [Amended] that authority because it addresses an (f) Compliance unsafe condition that is likely to exist or ■ 2. The FAA amends § 39.13 by: Comply with this AD within the develop on products identified in this ■ a. Removing Airworthiness Directive (AD) 2021–04–15, Amendment 39– compliance times specified, unless already rulemaking action. done. 21437 (86 FR 13165, March 8, 2021); Regulatory Findings and (g) Requirements The FAA determined that this ■ b. Adding the following new AD: Except as specified in paragraph (h) of this proposed AD would not have federalism Airbus Helicopters: Docket No. FAA–2021– AD: Comply with all required actions and implications under Executive Order 0453; Project Identifier MCAI–2021– compliance times specified in, and in 13132. This proposed AD would not 00377–R. accordance with, European Union Aviation have a substantial direct effect on the Safety Agency (EASA) AD 2021–0099, dated (a) Comments Due Date April 9, 2021 (EASA AD 2021–0099). States, on the relationship between the The FAA must receive comments by July (h) Exceptions to EASA AD 2021–0099 national Government and the States, or 23, 2021. on the distribution of power and (1) Where EASA AD 2021–0099 refers to its responsibilities among the various (b) Affected Airworthiness Directives (ADs) effective date or to July 12, 2017, (the levels of government. This AD replaces AD 2021–04–15, effective date of EASA AD 2017–0114, dated For the reasons discussed above, I Amendment 39–21437 (86 FR 13165, March June 28, 2017), this AD requires using the certify this proposed regulation: 8, 2021) (AD 2021–04–15). effective date of this AD. (2) The ‘‘Remarks’’ section of EASA AD (1) Is not a ‘‘significant regulatory (c) Applicability action’’ under Executive Order 12866, 2021–0099 does not apply to this AD. This AD applies to Airbus Helicopters (3) Where EASA AD 2021–0099 refers to (2) Would not affect intrastate specified in paragraph (c)(1) and (2) of this flight hours (FH), this AD requires using aviation in Alaska, and AD, certificated in any category. hours time-in-service. (3) Would not have a significant (1) Model AS355E, AS355F, AS355F1, (4) Where paragraph (4) of EASA AD 2021– economic impact, positive or negative, AS355F2, AS355N, and AS355NP 0099 specifies to contact the manufacturer for on a substantial number of small entities helicopters, all serial numbers. approved repair instructions, for this AD, if
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any cracking is detected during any by searching for and locating Docket No. any comments received, and other inspection, repair before further flight using FAA–2021–0453. information. The street address for a method approved by the Manager, (2) For more information about this AD, Docket Operations is U.S. Department of International Validation Branch, FAA. For a contact Kathleen Arrigotti, Program Manager, Transportation, Docket Operations, Large Aircraft Section, International repair method to be approved by the M–30, West Building Ground Floor, Manager, International Validation Branch, as Validation Branch, Compliance & required by this paragraph, the Manager’s Airworthiness Division, FAA, 2200 South Room W12–140, 1200 New Jersey approval letter must specifically refer to this 216th St., Des Moines, WA 98198; telephone Avenue SE, Washington, DC 20590. AD. and fax (206) 231–3218; email FOR FURTHER INFORMATION CONTACT: (5) Where the service information referred [email protected]. Myles Jalalian, Aviation Safety to in EASA AD 2021–0099 specifies to Issued on June 2, 2021. Engineer, Atlanta ACO Branch, FAA, perform a visual inspection for cracking on Lance T. Gant, 1701 Columbia Avenue, College Park, the ‘‘RH side of spar (a)’’ and ‘‘if you are not Director, Compliance & Airworthiness GA 30337; phone: (404) 474–5572; fax: sure’’ remove the rear and the tail rotor gear (404) 474–5606; email: myles.jalalian@ box (TGB) fairings to perform a detailed Division, Aircraft Certification Service. inspection and do a dye-penetrant [FR Doc. 2021–11965 Filed 6–7–21; 8:45 am] faa.gov. inspection, those actions are required by this BILLING CODE 4910–13–P SUPPLEMENTARY INFORMATION: AD if any crack indication (e.g., paint chips, dents, or swelling) is found during any Background inspection done without removing the rear DEPARTMENT OF TRANSPORTATION The FAA issued an NPRM that and the TGB fairings. proposed to amend 14 CFR part 39 by (6) Where the service information referred Federal Aviation Administration to in EASA AD 2021–0099 specifies to adding an AD that would apply to certain serial-numbered Gulfstream perform a visual check for cracks in the 14 CFR Part 39 ‘‘spars (a) of the top and bottom fins’’ and ‘‘if Model GVII–G600 airplanes. The NPRM you are not sure’’ do a dye-penetrant [FAA Docket No. FAA–2020–0994; Project published in the Federal Register on inspection, the dye-penetrant inspection is Identifier AD–2020–00687–T] February 23, 2021 (86 FR 10875). The required by this AD if any crack indication RIN 2120–AA64 NPRM was prompted by a report of a (e.g., paint chips, dents, or swelling) is found failure mode in the DCN software that during any visual check (inspection). Airworthiness Directives; Gulfstream causes pitch attitude value to freeze on (7) Where the service information referred the PFD for up to 20 seconds, which to in EASA AD 2021–0099 specifies to check Aerospace Corporation Airplanes the integrity of the two thrust pad attachment results in temporarily incorrect pitch AGENCY: Federal Aviation indications. screws for damage, for this AD, damage Administration (FAA), DOT. includes loosening, deformation, and nicks. The effect is evident only if the pitch ACTION: Proposed rule; withdrawal. of the airplane changes during the 20 (i) Special Flight Permit second reset window. After 20 seconds, SUMMARY: Special flight permits, as described in 14 The FAA is withdrawing a the system returns to normal. The CFR 21.197 and 21.199, are prohibited. notice of proposed rulemaking (NPRM) standby flight display and heads up that proposed to adopt a new display are unaffected by this failure (j) Alternative Methods of Compliance airworthiness directive (AD) for certain (AMOCs) mode and continue to display the Gulfstream Aerospace Corporation (1) The Manager, International Validation correct pitch attitude. However, there is (Gulfstream) Model GVII–G600 not an alert or annunciation that Branch, FAA, has the authority to approve airplanes. The NPRM was prompted by AMOCs for this AD, if requested using the informs the flight crew of a stale (frozen) procedures found in 14 CFR 39.19. In a report that a failure mode in the data pitch display or potentially misleading accordance with 14 CFR 39.19, send your concentration network (DCN) software flight information. request to your principal inspector or local causes the pitch attitude value to freeze The NPRM proposed to require Flight Standards District Office, as on the primary flight display (PFD) for installing the MOS software update part appropriate. If sending information directly up to 20 seconds. The NPRM proposed number EB60001034–0106, updating to the manager of the International Validation to require updating the DCN and flight the DCN software level to version Branch, send it to the attention of the person deck master operating system (MOS) identified in paragraph (k)(2) of this AD. 10.10.12 in support of the MOS software software. Since issuance of the NPRM, update, and operationally checking the Information may be emailed to: 9-AVS-AIR- the FAA has determined that there is [email protected]. installations. Incorrect pitch indications (2) Before using any approved AMOC, not an unsafe condition because all could result in the loss of control of the notify your appropriate principal inspector, affected airplanes have updated airplane during certain phases of flight or lacking a principal inspector, the manager software. Accordingly, the NPRM is during instrument meteorological of the local flight standards district office/ withdrawn. conditions. certificate holding district office. DATES: As of June 8, 2021, the proposed Actions Since the NPRM Was Issued (k) Related Information rule, which published in the Federal (1) For EASA AD 2021–0099, contact the Register on February 23, 2021 (86 FR After issuance of the NPRM, the FAA EASA, Konrad-Adenauer-Ufer 3, 50668 10875), is withdrawn. received a comment from Gulfstream Cologne, Germany; telephone +49 221 8999 ADDRESSES: recommending the FAA withdraw the 000; email [email protected]; internet NPRM based on full fleet compliance. www.easa.europa.eu. You may find this Examining the AD Docket All Gulfstream Model GVII–G600 EASA AD on the EASA website at https:// You may examine the AD docket at airplanes have corrected the unsafe ad.easa.europa.eu. You may view this https://www.regulations.gov by condition by complying with the material at the FAA, Office of the Regional searching for and locating Docket No. proposed software update. The FAA has Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, TX 76177. FAA–2020–0994; or in person at Docket determined that the unsafe condition For information on the availability of this Operations between 9 a.m. and 5 p.m., has been removed from the fleet. In material at the FAA, call 817–222–5110. This Monday through Friday, except Federal addition, since Gulfstream controls the material may be found in the AD docket on holidays. The AD docket contains this software, it is unlikely the unsafe the internet at https://www.regulations.gov AD action, the regulatory evaluation, condition will be re-introduced.
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Based on the above information, the DATES: Comments must be received on supporting the views and suggestions FAA has determined that AD action is or before July 23, 2021. presented are particularly helpful in not warranted and the proposal should ADDRESSES: Send comments on this developing reasoned regulatory be withdrawn. proposal to: The U.S. Department of decisions on the proposal. Comments Withdrawal of the NPRM constitutes Transportation, Docket Operations, 1200 are specifically invited on the overall only such action and does not preclude New Jersey Avenue SE, West Building regulatory, aeronautical, economic, the FAA from further rulemaking on Ground Floor, Room W12–140, environmental, and energy-related this issue, nor does it commit the FAA Washington, DC 20590–0001; aspects of the proposal. to any course of action in the future. Telephone: (800) 647–5527, or (202) Communications should identify both Regulatory Findings 366–9826. You must identify the Docket docket numbers (Docket No. FAA– No. FAA–2021–0418; Airspace Docket 2021–0418 and Airspace Docket No. 21– Since this action only withdraws an No. 21–ACE–12, at the beginning of ACE–12) and be submitted in triplicate NPRM, it is neither a proposed AD nor your comments. You may also submit to DOT Docket Operations (see a final rule. This action, therefore, is not comments through the internet at ADDRESSES section for the address and covered under Executive Order 12866 or https://www.regulations.gov. phone number). You may also submit the Regulatory Flexibility Act. FAA Order 7400.11E Airspace comments through the internet at List of Subjects in 14 CFR Part 39 Designations and Reporting Points, and https://www.regulations.gov. subsequent amendments can be viewed Air transportation, Aircraft, Aviation _ Persons wishing the FAA to online at https://www.faa.gov/air acknowledge receipt of their comments safety, Incorporation by reference, traffic/publications/. For further Safety. on this action must submit with those information, you can contact the comments a self-addressed stamped The Withdrawal Airspace Policy Group, Federal Aviation postcard on which the following Administration, 800 Independence statement is made: ‘‘Comments to FAA Accordingly, the notice of proposed Avenue SW, Washington, DC 20591; rulemaking, which published in the Docket No. FAA–2021–0418; Airspace Telephone: (202) 267–8783. The Order Docket No. 21–ACE–12.’’ The postcard Federal Register on February 23, 2021 is also available for inspection at the (86 FR 10875), is withdrawn. will be date/time stamped and returned National Archives and Records to the commenter. Issued on May 28, 2021. Administration (NARA). For Lance T. Gant, information on the availability of FAA All communications received before Director, Compliance & Airworthiness Order 7400.11E at NARA, email the specified closing date for comments Division, Aircraft Certification Service. [email protected] or go to https:// will be considered before taking action on the proposed rule. The proposal [FR Doc. 2021–11813 Filed 6–7–21; 8:45 am] www.archives.gov/federal-register/cfr/ ibr-locations.html. contained in this document may be BILLING CODE 4910–13–P changed in light of the comments FOR FURTHER INFORMATION CONTACT: John received. All comments submitted will Fornito, Operations Support Group, be available for examination in the DEPARTMENT OF TRANSPORTATION Eastern Service Center, Federal Aviation public docket both before and after the Administration, 1701 Columbia Avenue, comment closing date. A report Federal Aviation Administration College Park, GA 30337; Telephone summarizing each substantive public (404) 305–6364. 14 CFR Part 71 contact with FAA personnel concerned SUPPLEMENTARY INFORMATION: with this rulemaking will be filed in the [Docket No. FAA–2021–0418; Airspace docket. Docket No. 21–ACE–12] Authority for This Rulemaking The FAA’s authority to issue rules Availability of NPRMs RIN 2120–AA66 regarding aviation safety is found in Title 49 of the United States Code. An electronic copy of this document Proposed Amendment of Class E may be downloaded through the Airspace; New Madrid, MO Subtitle I, Section 106 describes the authority of the FAA Administrator. internet at https://www.regulations.gov. AGENCY: Federal Aviation Subtitle VII, Aviation Programs, Recently published rulemaking Administration (FAA), DOT. describes in more detail the scope of the documents can also be accessed through the FAA’s web page at https:// ACTION: Notice of proposed rulemaking agency’s authority. This rulemaking is www.faa.gov/air_traffic/publications/ (NPRM). promulgated under the authority _ described in Subtitle VII, Part A, airspace amendments/. SUMMARY: This action proposes to Subpart I, Section 40103. Under that You may review the public docket amend Class E airspace extending section, the FAA is charged with containing the proposal, any comments upward from 700 feet above the surface prescribing regulations to assign the use received and any final disposition in at County Memorial Airport, New of airspace necessary to ensure the person in the Dockets Office (see the Madrid, MO. The FAA is proposing this safety of aircraft and the efficient use of ADDRESSES section for address and action as a result of an airspace review airspace. This regulation is within the phone number) between 9:00 a.m. and caused by the decommissioning of the scope of that authority, as it amends 5:00 p.m., Monday through Friday, Malden Very High Frequency Class E airspace in New Madrid, MO, to except federal holidays. An informal Omnidirectional Range collocated with support IFR operations in the area. docket may also be examined between Tactical Air Navigation (VORTAC) 8:00 a.m. and 4:30 p.m., Monday navigation aid as part of the VOR Comments Invited through Friday, except federal holidays Minimum Operational Network (MON) Interested persons are invited to at the office of the Eastern Service Program. Controlled airspace is comment on this proposed rulemaking Center, Federal Aviation necessary for the safety and by submitting such written data, views, Administration, Room 350, 1701 management of instrument flight rules or arguments, as they may desire. Columbia Avenue, College Park, GA (IFR) operations in the area. Comments that provide the factual basis 30337.
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Availability and Summary of published yearly and effective on proposes to amend 14 CFR part 71 as Documents for Incorporation by September 15. follows: Reference Regulatory Notices and Analyses PART 71—DESIGNATION OF CLASS A, This document proposes to amend The FAA has determined that this B, C, D, AND E AIRSPACE AREAS; AIR FAA Order 7400.11E, Airspace proposed regulation only involves an TRAFFIC SERVICE ROUTES; AND Designations and Reporting Points, established body of technical REPORTING POINTS dated July 21, 2020, and effective regulations for which frequent and September 15, 2020. FAA Order routine amendments are necessary to ■ 1. The authority citation for part 71 7400.11E is publicly available as listed keep them operationally current. It, continues to read as follows: in the ADDRESSES section of this therefore: (1) is not a ‘‘significant Authority: 49 U.S.C. 106(f), 106(g); 40103, document. FAA Order 7400.11E lists regulatory action’’ under Executive Class A, B, C, D, and E airspace areas, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Order 12866; (2) is not a ‘‘significant 1959–1963 Comp., p. 389. air traffic service routes, and reporting rule’’ under DOT Regulatory Policies points. and Procedures (44 FR 11034; February § 71.1 [Amended] The Proposal 26, 1979); and (3) does not warrant ■ 2. The incorporation by reference in preparation of a Regulatory Evaluation The FAA proposes an amendment to 14 CFR 71.1 of Federal Aviation as the anticipated impact is so minimal. 14 CFR part 71 to amend Class E Administration Order 7400.11E, Since this is a routine matter that will airspace extending upward from 700 Airspace Designations and Reporting only affect air traffic procedures and air feet above the surface for County Points, dated July 21, 2020, and navigation, it is certified that this Memorial Airport, New Madrid, MO, as effective September 15, 2020, is proposed rule, when promulgated, will the Malden VORTAC has been amended as follows: not have a significant economic impact decommissioned and all associated on a substantial number of small entities Paragraph 6005 Class E Airspace Areas airspace extensions of Class E airspace Extending Upward From 700 Feet or More under the criteria of the Regulatory extending upward from 700 feet above Above the Surface of the Earth. Flexibility Act. the surface, off the Malden VORTAC * * * * * have been eliminated. The Class E Environmental Review ACE MO E5 New Madrid, MO [Amend] airspace extending upward from 700 This proposal will be subject to an County Memorial Airport, New Madrid, MO feet above the surface would be environmental analysis in accordance ° ′ ″ ° ′ ″ amended by increasing the radius to (Lat. 36 32 07 N, long. 89 35 59 W) with FAA Order 1050.1F, That airspace extending upward from 700 10.3 miles (previously 6.3 miles). ‘‘Environmental Impacts: Policies and Class E airspace designations are feet above the surface within a 10.3-mile Procedures’’, prior to any FAA final radius of the County Memorial Airport. published in Paragraph 6005, of FAA regulatory action. Order 7400.11E, dated July 21, 2020, Issued in College Park, Georgia, on June 3, and effective September 15, 2020, which Lists of Subjects in 14 CFR Part 71 2021. is incorporated by reference in 14 CFR Airspace, Incorporation by reference, Andreese C. Davis, 71.1. The Class E airspace designations Navigation (air). Manager, Airspace & Procedures Team South, listed in this document will be Eastern Service Center, Air Traffic published subsequently in the Order. The Proposed Amendment Organization. FAA Order 7400.11, Airspace In consideration of the foregoing, the [FR Doc. 2021–11939 Filed 6–7–21; 8:45 am] Designations and Reporting Points, is Federal Aviation Administration BILLING CODE 4910–13–P
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Notices Federal Register Vol. 86, No. 108
Tuesday, June 8, 2021
This section of the FEDERAL REGISTER The safety and well-being of the be provided to the members for their contains documents other than rules or public, committee members, and our consideration and will become part of proposed rules that are applicable to the staff are our top priority. In light of the Committee’s records. Additional public. Notices of hearings and investigations, current travel restrictions and social- opportunities for public input will be committee meetings, agency decisions and distancing guidelines resulting from the forthcoming as the Committee’s work rulings, delegations of authority, filing of petitions and applications and agency COVID–19 outbreak, each meeting will progresses. statements of organization and functions are be held virtually. ACDEB Committee meetings are open, examples of documents appearing in this FOR FURTHER INFORMATION CONTACT: and the public is invited to attend and section. Gianna Marrone, Program Analyst, U.S. observe. Those planning to attend are Department of Commerce, 4600 Silver asked to RSVP to [email protected]. Hill Road (BE–64), Suitland, MD 20746; The call-in number, access code, and DEPARTMENT OF COMMERCE phone (301) 278–9282; email Evidence@ meeting link will be posted 24 hours bea.gov. prior to each meeting on www.bea.gov/ Office of the Under Secretary for SUPPLEMENTARY INFORMATION: The evidence. The meetings are accessible to Economic Affairs Foundations for Evidence-Based people with disabilities. Requests for Advisory Committee on Data for Policymaking Act (Pub. L. 115–435, foreign language interpretation or other Evidence Act 101(a)(2) (5 U.S.C. 315 Evidence Building auxiliary aids should be directed to (a)), establishes the Committee and its Gianna Marrone at [email protected] AGENCY: Office of the Under Secretary charge. It specifies that the Chief two weeks prior to each meeting. Statistician of the United States shall for Economic Affairs, U.S. Department Dated: June 2, 2021. of Commerce. serve as the Chair and other members shall be appointed by the Director of the Alyssa Holdren, ACTION: Notice of public meeting. Office of Management and Budget Designated Federal Officer, U.S. Department of Commerce. SUMMARY: The Office of the Under (OMB). The Act prescribes a [FR Doc. 2021–11908 Filed 6–7–21; 8:45 am] Secretary for Economic Affairs is membership balance plan that includes: providing notice of an upcoming One agency Chief Information Officer; BILLING CODE 3510–MN–P meeting of the Advisory Committee on one agency Chief Privacy Officer; one agency Chief Performance Officer; three Data for Evidence Building (ACDEB or DEPARTMENT OF COMMERCE Committee). This will constitute the members who are agency Chief Data ninth meeting of the Committee in Officers; three members who are agency International Trade Administration support of its charge to review, analyze, Evaluation Officers; and three members who are agency Statistical Officials who and make recommendations on how to [A–351–849] promote the use of Federal data for are members of the Interagency Council evidence building purposes. At the for Statistical Policy established under Emulsion Styrene-Butadiene Rubber conclusion of the Committee’s first and section 3504(e)(8) of title 44. From Brazil: Preliminary Results of second year, it will submit to the Additionally, at least 10 members are to Antidumping Duty Administrative Director of the Office of Management be representative of state and local Review; 2019–2020 and Budget, Executive Office of the governments and nongovernmental President, an annual report on the stakeholders with expertise in AGENCY: Enforcement and Compliance, activities and findings of the Committee. government data policy, privacy, International Trade Administration, This report will also be made available technology, transparency policy, Department of Commerce. evaluation and research methodologies, to the public. SUMMARY: and other relevant subjects. Committee The Department of Commerce DATES: June 18, 2021. The meeting will (Commerce) has preliminarily assigned begin at approximately 9:00 a.m. and members serve for a term of two years. Following a public solicitation and ARLANXEO Brasil S.A. (ARLANXEO adjourn at approximately 11:00 a.m. Brasil), the sole respondent subject to (ET). review of nominations, the Director of OMB appointed members per this this antidumping duty (AD) ADDRESSES: Those interested in balance plan and information on the administrative review, an AD margin attending the Committee’s public membership can be found at based on the application of adverse facts meetings are requested to RSVP to www.bea.gov/evidence. Any member available (AFA). We invite interested [email protected] one week prior to appointed to fill a vacancy occurring parties to comment on these preliminary each meeting. Agendas, background before the expiration of the term for results. material, and meeting links will be which the member’s predecessor was DATES: Applicable June 8, 2021. accessible 24 hours prior to each appointed shall be appointed only for FOR FURTHER INFORMATION CONTACT: meeting at www.bea.gov/evidence. the remainder of that term. Members of the public who wish to The ACDEB is interested in the Drew Jackson, AD/CVD Operations, submit written input for the public’s input on the issues it will Office IV, Enforcement and Compliance, Committee’s consideration are consider, and requests that interested International Trade Administration, welcomed to do so via email to parties submit statements to the ACDEB U.S. Department of Commerce, 1401 [email protected]. Additional via email to [email protected]. Please Constitution Avenue NW, Washington, opportunities for public input will be use the subject line ‘‘ACDEB Meeting DC 20230; telephone: (202) 482–4406. forthcoming. Public Comment.’’ All statements will SUPPLEMENTARY INFORMATION:
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Background that ARLANXEO Brasil failed to section 751(a)(2)(C) of the Act: (1) The On October 30, 2020, Commerce cooperate to the best of its ability, and cash deposit rate for ARLANXEO Brasil published in the Federal Register the thus, Commerce is applying AFA in will be equal to the weighted-average notice of initiation of an antidumping determining a margin for ARLANXEO dumping margin established in the final duty administrative review on emulsion Brasil, in accordance with section results of this review, except if the rate styrene-butadiene rubber (ESB rubber) 776(b) of the Act. For a full description is less than 0.50 percent and, therefore, from Brazil, covering ARLANXEO Brasil of the methodology underlying our de minimis within the meaning of 19 for the period of review (POR) conclusions regarding the application of CFR 351.106(c)(1), in which case the September 1, 2019, through August 31, AFA, see the Preliminary Decision cash deposit rate will be zero; (2) for 2020.1 On November 19, 2020, Memorandum. previously investigated or reviewed Commerce issued the AD questionnaire companies not subject to this review, Preliminary Results of the the cash deposit will continue to be the to the sole mandatory respondent, Administrative Review ARLANXEO Brasil.2 ARLANXEO Brasil company-specific rate published for the did not respond to the AD We preliminarily determine that the most recently completed segment of this questionnaire. following weighted-average dumping proceeding in which the company For a complete description of the margin exists for the period September participated; (3) if the exporter is not a events that followed the initiation of 1, 2019 through August 31, 2020: firm covered in this or a previously this review, see the Preliminary completed review, or in the original Decision Memorandum.3 The Weighted- less-than-fair-value (LTFV) average investigation, but the producer is, the Preliminary Decision Memorandum is a Exporter/producer margin public document and is made available (percent) cash deposit rate will be the rate to the public via Enforcement and established for the most recent segment Compliance’s Antidumping and ARLANXEO Brasil S.A ...... 67.99 for the producer of the merchandise; Countervailing Duty Centralized and (4) the cash deposit rate for all other Electronic Service System (ACCESS). Assessment Rate producers or exporters will continue to be 19.61 percent, the all-others rate ACCESS is available to registered users Upon completion of the established in the LTFV investigation.5 at https://access.trade.gov. In addition, a administrative review, Commerce shall These cash deposit requirements, when complete version of the Preliminary determine, and U.S. Customs and imposed, shall remain in effect until Decision Memorandum is available at Border Protection (CBP) shall assess, further notice. http://enforcement.trade.gov/frn/. antidumping duties on all appropriate Scope of the Order entries covered by this review. The final Disclosure The product covered by this review is results of this review shall be the basis Normally, Commerce discloses the certain ESB rubber from Brazil. For a for the assessment of antidumping calculations performed in connection full description of the scope see the duties on entries of merchandise with preliminary results to interested Preliminary Decision Memorandum. covered by the final results of this parties within five days after the date of review and for future deposits of public announcement or publication of 4 Methodology estimated duties, where applicable. If this notice.6 Because Commerce Commerce is conducting this review the preliminary results are unchanged preliminarily applied a rate based in accordance with sections 751(a)(1)(B) for the final results, we will instruct entirely on AFA in accordance with and (2) of the Tariff Act of 1930, as CBP to apply an ad valorem assessment section 776 of the Act, to the only amended (the Act). Commerce is rate equal to ARLANXEO Brasil’s mandatory respondent in this review, preliminarily relying upon facts weighted-average dumping margin in there are no calculations to disclose. otherwise available to determine a the final results of this review to all weighted-average dumping margin for entries of subject merchandise during Public Comment ARLANXEO Brasil in this review. the POR from ARLANXEO Brasil. Pursuant to 19 CFR 351.309(c), Commerce preliminarily finds that Commerce intends to issue interested parties may submit case briefs necessary information is not available assessment instructions to CBP no to the Assistant Secretary for on the record, and that ARLANXEO earlier than 35 days after the date of Enforcement and Compliance not later Brasil withheld information requested publication of the final results of this than 30 days after the date of by Commerce, failed to provide the review in the Federal Register. If a publication of this notice, unless the requested information in the form and timely summons is filed at the U.S. Secretary alters the time limit. Rebuttal manner requested, and significantly Court of International Trade, the briefs, limited to issues raised in the impeded the proceeding, warranting a assessment instructions will direct CBP case briefs, may be filed not later than determination on the basis of the facts not to liquidate relevant entries until the seven days after the date for filing case available under sections 776(a)(1) and time for parties to file a request for a briefs.7 Parties who submit case briefs or (2)(A)–(C) of the Act. Further, statutory injunction has expired (i.e., rebuttal briefs in this administrative Commerce preliminarily determines within 90 days of publication). 5 Cash Deposit Requirements See Emulsion Styrene-Butadiene Rubber from 1 See Initiation of Antidumping and Brazil: Final Affirmative Determination of Sales at Countervailing Duty Administrative Reviews, 85 FR The following deposit requirements Less Than Fair Value and Final Negative 68840 (October 30, 2020). will be effective for all shipments of the Determination of Critical Circumstances, 82 FR 2 See Commerce’s Letter, Initial AD 33048 (July 19, 2019); see also Emulsion Styrene- Questionniare, dated November 19, 2020 (AD subject merchandise entered, or Butadiene Rubber From Brazil, the Republic of Questionnaire). withdrawn from warehouse, for Korea, Mexico, and Poland: Antidumping Duty 3 See Memorandum, ‘‘Decision Memorandum for consumption on or after the publication Orders, 82 FR 42790 (September 12, 2017). the Preliminary Results of the Third Antidumping date of the final results of this 6 See 19 CFR 351.224(b). Duty Administrative Review: Emulsion Styrene 7 See 19 CFR 351.309(d); see also Temporary Rule Butadiene Rubber from Brazil; 2019–2020,’’ dated administrative review, as provided by Modifying AD/CVD Service Requirements Due to concurrently with, and hereby adopted by, this COVID–19; Extension of Effective Period, 85 FR notice (Preliminary Decision Memorandum). 4 See section 751(a)(2)(C) of the Act. 41363 (July 10, 2020).
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review are encouraged to submit with II. Background Taiwan with respect to this company.3 each argument: (1) A statement of the III. Scope of the Order On November 9, 2020, Commerce issued issue, (2) a brief summary of the IV. Application of Facts Available and Use of the U.S. Customs and Border Protection argument, and (3) a table of authorities.8 Adverse Inferences (CBP) entry data for U.S. imports of V. Recommendation Pursuant to 19 CFR 351.310(c), subject merchandise during the POR.4 interested parties who wish to request a [FR Doc. 2021–11954 Filed 6–7–21; 8:45 am] On January 27, 2021, the petitioner hearing must submit a written request to BILLING CODE 3510–DS–P timely withdrew its request for an the Assistant Secretary for Enforcement administrative review with respect to and Compliance, filed electronically via Maple Ribbon.5 ACCESS. An electronically filed DEPARTMENT OF COMMERCE document must be received successfully Rescission of Review in its entirety by Commerce’s electronic International Trade Administration records system, ACCESS, by 5:00 p.m. Pursuant to 19 CFR 351.213(d)(1), [A–583–844] Eastern Time within 30 days after the Commerce will rescind an 9 administrative review, in whole or in date of publication of this notice. Narrow Woven Ribbons With Woven part, if the party that requested the Requests should contain: (1) The party’s Selvedge From Taiwan: Rescission of review withdraws the request within 90 name, address and telephone number; Antidumping Duty Administrative days of the date of publication of the (2) the number of participants; and (3) Review; 2019–2020 a list of issues to be discussed. Issues notice of initiation of the requested raised in the hearing will be limited to AGENCY: Enforcement and Compliance, review. As noted above, the petitioner those raised in the respective case International Trade Administration, timely withdrew its request for review briefs. If a request for a hearing is made, United States Department of Commerce. within the 90-day period. Because no Commerce intends to hold the hearing SUMMARY: The Department of Commerce other party requested a review of the AD at a time and date to be determined.10 (Commerce) is rescinding the order, we are rescinding this administrative review of the AD order Final Results of Review administrative review of the antidumping duty (AD) order on narrow on NWR from Taiwan for the POR in its Commerce intends to issue the final woven ribbons with woven selvedge entirety, in accordance with 19 CFR results of this administrative review, (NWR) from Taiwan for the period of 351.213(d)(1). including the results of its analysis of review (POR) September 1, 2019, Assessment the issues raised in any written briefs, through August 31, 2020, based on the not later than 120 days after the date of timely withdrawal of the request for Commerce will instruct CBP to assess publication of these preliminary results review. antidumping duties on all appropriate in the Federal Register, pursuant to entries of NWR from Taiwan during the section 751(a)(3)(A) of the Act, unless DATES: Applicable June 8, 2021. POR at rates equal to the cash deposit extended. FOR FURTHER INFORMATION CONTACT: David Crespo, AD/CVD Operations, rates for estimated antidumping duties Notification to Importers Office II, Enforcement and Compliance, that were required at the time of entry, This notice serves as a preliminary International Trade Administration, or withdrawal from warehouse, for reminder to importers of their U.S. Department of Commerce, 1401 consumption, in accordance with 19 responsibility under 19 CFR Constitution Avenue NW, Washington, CFR 351.212(c)(1)(i). Commerce intends 351.402(f)(2) to file a certificate DC 20230; telephone: (202) 482–3693. to issue appropriate assessment regarding the reimbursement of instructions to CBP no earlier than 35 antidumping duties prior to liquidation Background days after the date of publication of this of the relevant entries during this POR. On September 1, 2020, Commerce rescission notice in the Federal Failure to comply with this requirement published in the Federal Register a Register. could result in Commerce’s notice of opportunity to request an Notification to Importers presumption that reimbursement of administrative review of the AD order antidumping duties occurred and the on NWR from Taiwan.1 On September This notice serves as a final reminder subsequent assessment of double 30, 2020, Commerce received a timely to importers of their responsibility antidumping duties. request, in accordance with section under 19 CFR 351.402(f)(2) to file a Notification to Interested Parties 751(a) of the Tariff Act of 1930, as certificate regarding the reimbursement amended (the Act), from Berwick Offray of antidumping duties prior to Commerce is issuing and publishing LLC (the petitioner) to conduct an liquidation of the relevant entries these results in accordance with administrative review of the AD order during this POR. Failure to comply with sections 751(a)(1) and 777(i) of the Act on NWR from Taiwan with respect to this requirement could result in and 19 CFR 351.221(b)(4). Maple Ribbon Co., Ltd. (Maple Commerce’s presumption that Dated: June 2, 2021. Ribbon).2 reimbursement of antidumping duties Christian Marsh, On October 30, 2020, Commerce occurred and the subsequent assessment Acting Assistant Secretary for Enforcement published in the Federal Register a of doubled antidumping duties. and Compliance. notice of initiation of an administrative review of the AD order on NWR from Appendix 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR List of Topics Discussed in the Preliminary 1 See Antidumping or Countervailing Duty Order, 68840 (October 30, 2020). Decision Memorandum Finding, or Suspended Investigation; Opportunity 4 See Memorandum, ‘‘Release of U.S. Customs I. Summary to Request Administrative Review, 85 FR 54349 and Border Protection Entry Data,’’ dated November (September 1, 2020). 9, 2020. 2 See Petitioner’s Letter, ‘‘Narrow Woven Ribbons 5 See Petitioner’s Letter, ‘‘Narrow Woven Ribbons 8 See 19 CFR 351.309(c)(2) and (d)(2). with Woven Selvedge from Taiwan/Petitioner’s with Woven Selvedge from Taiwan/Petitioner’s 9 See 19 CFR 351.310(c). Request for Administrative Review,’’ dated Withdrawal Of Request For Administrative Review 10 Id. September 30, 2020. Of Maple Ribbon Co., Ltd.,’’ dated January 27, 2021.
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Notification Regarding Administrative invited interested parties to comment.1 section 751(a)(2)(C) of the Act and 19 Protective Order We received no comments from CFR 351.212(b). Because we determined This notice also serves as a reminder interested parties on the Preliminary that Puremann, Inc. was not eligible for to parties subject to administrative Results. Commerce conducted this a separate rate and is part of the China- protective order (APO) of their administrative review in accordance wide entity, we will instruct CBP to responsibility concerning the with section 751 of the Tariff Act of apply an ad valorem assessment rate of 1930, as amended (the Act). disposition of proprietary information 167.02 percent to all entries of subject disclosed under APO in accordance Scope of the Order merchandise during the POR that were with 19 CFR 351.305(a)(3). Timely exported by Puremann, Inc. The merchandise covered by the order 4 written notification of the return/ Consistent with its recent notice, is 1,1,1,2-Tetrafluoroethane, R–134a, or Commerce intends to issue assessment destruction of APO materials or its chemical equivalent, regardless of conversion to judicial protective order is instructions to CBP no earlier than 35 form, type, or purity level. The chemical days after the date of publication of the hereby requested. Failure to comply formula for 1,1,1,2-Tetrafluoroethane is with the regulations and terms of an final results of this review in the CF3-CH2 F, and the Chemical Abstracts APO is a sanctionable violation. Federal Register. If a timely summons is Service (CAS) registry number is CAS filed at the U.S. Court of International 2 Notification to Interested Parties 811–97–2. Trade, the assessment instructions will Merchandise subject to the order is direct CBP not to liquidate relevant This notice is issued and published in currently classified in the Harmonized accordance with sections 751(a)(1) and entries until the time for parties to file Tariff Schedule of the United States a request for a statutory injunction has 777(i)(1) of the Act, and 19 CFR (HTSUS) at subheading 2903.39.2020. 351.213(d)(4). expired (i.e., within 90 days of Although the HTSUS subheading and publication). Dated: June 1, 2021. CAS registry number are provided for Scot Fullerton, convenience and customs purposes, the Cash Deposit Requirements Associate Deputy Assistant Secretary for written description of the scope is The following cash deposit Antidumping and Countervailing Duty dispositive. requirements will be effective for all Operations. Final Results of Review shipments of subject merchandise [FR Doc. 2021–11920 Filed 6–7–21; 8:45 am] entered, or withdrawn from warehouse, Because we received no comments, BILLING CODE 3510–DS–P for consumption on or after the we made no changes from the publication date of the final results of Preliminary Results. We continue to this administrative review, as provided find that Puremann, Inc., the sole DEPARTMENT OF COMMERCE by section 751(a)(2)(C) of the Act: (1) company subject to this review, did not For previously investigated or reviewed International Trade Administration file an SRA and has not demonstrated Chinese or non-Chinese exporters that its eligibility for separate rate status and, received a separate rate in a prior [A–570–044] therefore, is part of the China-wide segment of this proceeding, the cash entity. In this administrative review, no 1,1,1,2-Tetrafluoroethane (R–134a) deposit rate will continue to be the party requested a review of the China- From the People’s Republic of China: existing exporter-specific rate; (2) for all wide entity, and Commerce did not self- Final Results of Antidumping Duty Chinese exporters of subject initiate a review of the China-wide Administrative Review; 2019–2020 merchandise that have not been found entity. Because no review of the China- to be entitled to a separate rate, the cash AGENCY: Enforcement and Compliance, wide entity is being conducted, the deposit rate will be that for the China- International Trade Administration, China-wide entity’s entries were not wide entity (i.e., 167.02 percent); and (3) Department of Commerce. subject to the review, and the rate for all non-Chinese exporters of subject applicable to the NME entity was not SUMMARY: The Department of Commerce merchandise which have not received subject to change as a result of this (Commerce) finds that the sole company their own rate, the cash deposit rate will review. The China-wide entity rate subject to this administrative review is be the rate applicable to the Chinese remains 167.02 percent.3 part of the China-wide entity because it exporter that supplied that non-Chinese did not file a separate rate application Assessment Rates exporter. These deposit requirements, (SRA). The period of review (POR) is when imposed, shall remain in effect April 1, 2019, through March 31, 2020. Commerce shall determine, and U.S. Customs and Border Protection (CBP) until further notice. DATES: Applicable June 8, 2021. shall assess, antidumping duties on all Notification to Importers FOR FURTHER INFORMATION CONTACT: appropriate entries in accordance with Peter Zukowski, AD/CVD Operations, This notice also serves as a reminder Office III, Enforcement and Compliance, 1 See 1,1,1,2-Tetrafluoroethane (R–134a) from the to importers of their responsibility International Trade Administration, People’s Republic of China: Preliminary Results of under 19 CFR 315.402(f)(2) to file a U.S. Department of Commerce, 1401 Antidumping Duty Administrative Review; 2019– certificate regarding the reimbursement 2020, 86 FR 7854 (February 2, 2021) (Preliminary of antidumping duties prior to Constitution Avenue NW, Washington, Results). DC 20230; telephone: (202) 482–0189. 2 1,1,1,2-Tetrafluoroethane is sold under a liquidation of the relevant entries SUPPLEMENTARY INFORMATION: number of trade names including Klea 134a and during this review period. Failure to Zephex 134a (Mexichem Fluor); Genetron 134a comply with this requirement could Background (Honeywell); FreonTM 134a, Suva 134a, Dymel result in Commerce’s presumption that 134a, and Dymel P134a (Chemours); Solkane 134a On February 2, 2021, Commerce (Solvay); and Forane 134a (Arkema). Generically, reimbursement of antidumping duties published the Preliminary Results of 1,1,1,2-Tetrafluoroethane has been sold as this administrative review of the Fluorocarbon 134a, R–134a, HFC–134a, HF A–134a, 4 See Notice of Discontinuation of Policy to Issue antidumping duty order on 1,1,1,2- Refrigerant 134a, and UN3159. Liquidation Instructions After 15 Days in 3 See 1,1,1,2 Tetrafluoroethane (R–134a) from the Applicable Antidumping and Countervailing Duly Tetrafluoroethane (R–134a) from the People’s Republic of China: Antidumping Duty Administrative Proceedings, 86 FR 3995 (January People’s Republic of China (China) and Order, 82 FR 18422, 18423 (April 19, 2017). 15, 2021).
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occurred and the subsequent assessment preliminary determination is due no This notice is issued and published of double antidumping duties. later than June 23, 2021. pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). Notification Regarding Administrative Postponement of Preliminary Protective Order Determination Dated: June 2, 2021. Christian Marsh, This notice also serves as a reminder Section 703(b)(1) of the Tariff Act of to parties subject to administrative Acting Assistant Secretary for Enforcement 1930, as amended (the Act), requires and Compliance. protective order (APO) of their Commerce to issue the preliminary [FR Doc. 2021–11952 Filed 6–7–21; 8:45 am] responsibility concerning the determination in a countervailing duty BILLING CODE 3510–DS–P disposition of proprietary information investigation within 65 days after the disclosed under APO in accordance date on which Commerce initiated the with 19 CFR 351.305(a)(3). Timely investigation. However, section DEPARTMENT OF COMMERCE written notification of return/ 703(c)(1) of the Act permits Commerce destruction of APO materials or to postpone the preliminary International Trade Administration conversion to judicial protective order is determination until no later than 130 [A–549–502] hereby requested. Failure to comply days after the date on which Commerce with the regulations and the terms of an initiated the investigation if: (A) The Circular Welded Carbon Steel Pipes APO is a sanctionable violation. 2 petitioner makes a timely request for a and Tubes From Thailand: Preliminary Notification to Interested Parties postponement; or (B) Commerce Results of Antidumping Duty concludes that the parties concerned are Administrative Review and Preliminary We are issuing and publishing this cooperating, that the investigation is notice in accordance with sections Determination of No Shipments; 2019– extraordinarily complicated, and that 2020 751(a)(1) and 777(i) of the Act, and 19 additional time is necessary to make a CFR 351.213(h) and 351.221(b)(5). preliminary determination. Under 19 AGENCY: Enforcement and Compliance, Dated: June 2, 2021. CFR 351.205(e), the petitioner must International Trade Administration, Christian Marsh, submit a request for postponement 25 U.S. Department of Commerce. Acting Assistant Secretary for Enforcement days or more before the scheduled date SUMMARY: The Department of Commerce and Compliance. of the preliminary determination and (Commerce) preliminarily finds that [FR Doc. 2021–11997 Filed 6–7–21; 8:45 am] must state the reasons for the request. Saha Thai Steel Pipe Public Co., Ltd. BILLING CODE 3510–DS–P Commerce will grant the request unless (Saha Thai), and 26 non-examined it finds compelling reasons to deny the companies, made sales of subject request. merchandise at less than normal value DEPARTMENT OF COMMERCE On May 28, 2021, the petitioner during the period of review (POR) submitted a timely request that March 1, 2019, through February 29, International Trade Administration Commerce postpone the preliminary 2020. We further preliminarily [C–570–142] CVD determination.3 The petitioner determine that Blue Pipe Steel Center stated that it requests postponement (Blue Pipe) and K Line Logistics Certain Walk-Behind Snow Throwers ‘‘{t}o permit a thorough investigation (Thailand) Ltd. (K-Line) had no and Parts Thereof From the People’s and the calculation of the most accurate shipments during the POR. We invite Republic of China: Postponement of countervailing rates.’’ 4 interested parties to comment on these Preliminary Determination in the In accordance with 19 CFR preliminary results. Countervailing Duty Investigation 351.205(e), the petitioner has stated the DATES: Applicable June 8, 2021. FOR FURTHER INFORMATION CONTACT: AGENCY: Enforcement and Compliance, reasons for requesting a postponement International Trade Administration, of the preliminary determination, and William Langley or Thomas Schauer, Department of Commerce. Commerce finds no compelling reason AD/CVD Operations, Office I, to deny the request. Therefore, in Enforcement and Compliance, DATES: Applicable June 8, 2021. accordance with section 703(c)(1)(A) of International Trade Administration, FOR FURTHER INFORMATION CONTACT: Kate the Act, Commerce is postponing the U.S. Department of Commerce, 1401 Sliney or Alex Cipolla at (202) 482–0324 deadline for the preliminary Constitution Avenue NW, Washington, or (202) 482–4956, respectively, AD/ determination to no later than 130 days DC 20230; telephone: (202) 482–3861 or CVD Operations, Office III, Enforcement after the date on which this (202) 482–0410, respectively. and Compliance, International Trade investigation was initiated, i.e., August SUPPLEMENTARY INFORMATION: Administration, U.S. Department of 27, 2021. Pursuant to section 705(a)(1) Commerce, 1401 Constitution Avenue of the Act and 19 CFR 351.210(b)(1), the Background NW, Washington, DC 20230. deadline for the final determination of In accordance with section 751(a)(2) SUPPLEMENTARY INFORMATION: this investigation will continue to be 75 of the Tariff Act of 1930, as amended days after the date of the preliminary (the Act), Commerce is conducting an Background determination. administrative review of the On April 19, 2021, the Department of antidumping duty order on circular Commerce (Commerce) initiated a Initiation of Countervailing Duty Investigation, 86 welded carbon steel pipes and tubes countervailing duty (CVD) investigation FR 22022 (April 26, 2021) (Initiation Notice). (pipes and tubes) from Thailand. On of imports of certain walk-behind snow 2 The petitioner is MTD Products, Inc. May 6, 2020, in accordance with 19 CFR throwers and parts thereof (snow 3 See Petitioner’s Letter, ‘‘Countervailing Duty 251.221(c)(1)(i), we initiated the Investigation of Certain Walk-Behind Snow 1 throwers) from the People’s Republic of Throwers and Parts Thereof from the People’s administrative review of the order on 1 China (China). Currently, the Republic of China: Petitioner’s Request to Postpone the Preliminary Determination,’’ dated May 28, 1 See Initiation of Antidumping and 1 See Certain Walk-Behind Snow Throwers and 2021. Countervailing Duty Administrative Reviews, 88 FR Parts Thereof from the People’s Republic of China: 4 Id. 26931 (May 6, 2020).
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29 companies, including Blue Pipe, K- registered users at http:// March 1, 2019, through February 29, Line, and Saha Thai, which were access.trade.gov. In addition, the signed 2020: selected for individual examination.2 Preliminary Decision Memorandum can On April 24, 2020, Commerce be accessed directly at http:// Weighted- enforcement.trade.gov/frn/. average exercised its discretion to toll all Producer or exporter dumping deadlines in administrative reviews by margin 3 Preliminary Determination of No 50 days. On July 21, 2020, Commerce Shipments (percent) tolled all deadlines in preliminary and final results of administrative reviews Commerce selected Blue Pipe as a Saha Thai Steel Pipe Public by an additional 60 days.4 On October mandatory respondent because it and Company, Ltd ...... 7.23 Saha Thai accounted for the largest Apex International Logistics ...... 7.23 3, 2020, Commerce further extended the Aquatec Maxcon Asia ...... 7.23 deadline for the preliminary results of volume of subject merchandise during the POR. Blue Pipe reported that its Asian Unity Part Co., Ltd ...... 7.23 this administrative review by 120 days, Bis Pipe Fitting Industry Co., Ltd 7.23 until June 1, 2021.5 For a complete supplier, Saha Thai, had knowledge of Chuhatsu (Thailand) Co., Ltd ..... 7.23 description of the events between the the final destination of the subject CSE Technologies Co., Ltd ...... 7.23 initiation of this review and these merchandise that they produced and Expeditors International (Bang- preliminary results, see the Preliminary sold to Blue Pipe, and which Blue Pipe kok) ...... 7.23 Decision Memorandum.6 resold to U.S. customers during the Expeditors Ltd ...... 7.23 POR, which Saha Thai confirmed in its FS International (Thailand) Co., Scope of the Order responses.8 Blue Pipe and Saha Thai Ltd ...... 7.23 Kerry-Apex (Thailand) Co., Ltd .. 7.23 The products covered by the provided sales documentation as 9 Oil Steel Tube (Thailand) Co., antidumping order are pipes and tubes evidence in support of their claim. Ltd ...... 7.23 from Thailand. For a full description of Because the evidence on the record Otto Ender Steel Structure Co., the scope of this order, see the demonstrates that Saha Thai had Ltd ...... 7.23 Preliminary Decision Memorandum.7 knowledge that the final destination of Pacific Pipe and Pump ...... 7.23 the subject merchandise was to Pacific Pipe Public Company Methodology customers in the United States, we Limited ...... 7.23 preliminarily determine that Blue Pipe Panalpina World Transport Ltd .. 7.23 Commerce conducted this review in Polypipe Engineering Co., Ltd .... 7.23 accordance with section 751(a)(2) of the had no shipments of subject merchandise during the POR. We intend Schlumberger Overseas S.A...... 7.23 Act. Export price is calculated in Siam Fittings Co., Ltd ...... 7.23 accordance with section 772 of the Act. to instruct CBP at the final results to Siam Steel Pipe Co., Ltd ...... 7.23 Normal value is calculated in liquidate any existing entries of Sino Connections Logistics accordance with section 773 of the Act. merchandise produced by Saha Thai (Thailand) Co., Ltd ...... 7.23 For a full description of the and entered into the United States as Thai Malleable Iron and Steel .... 7.23 methodology underlying these having been exported by Blue Pipe at Thai Oil Group ...... 7.23 10 Thai Oil Pipe Co., Ltd ...... 7.23 preliminary results, see the Preliminary the rate applicable to Saha Thai. Based on an analysis of U.S. Customs Thai Premium Pipe Co., Ltd ...... 7.23 Decision Memorandum. A list of topics Vatana Phaisal Engineering discussed in the Preliminary Decision and Border Protection (CBP) information, and comments provided by Company ...... 7.23 Memorandum is attached in the Visavakit Patana Corp., Ltd ...... 7.23 appendix to this notice. The Preliminary interested parties regarding the CBP data, Commerce preliminarily Decision Memorandum is a public Rate for Non-Examined Companies document and is on file electronically determines that K-Line had no shipments during the POR. For The statute and Commerce’s via Enforcement and Compliance’s additional information regarding this regulations do not address the Antidumping and Countervailing Duty determination, see the Preliminary establishment of a weighted-average Centralized Electronic Service System Decision Memorandum. dumping margin to be applied to (ACCESS). ACCESS is available to companies not selected for individual Preliminary Results of Review examination when Commerce limits its 2 See Memorandum, ‘‘Circular Welded Carbon Steel Pipes and Tubes from Thailand: Respondent Commerce preliminarily determines examination in an administrative review Selection,’’ dated October 13, 2020. that the following weighted-average pursuant to section 777A(c)(2) of the 3 See Memorandum, ‘‘Tolling of Deadlines for dumping margins exist for the period Act. Generally, Commerce looks to Antidumping and Countervailing Duty section 735(c)(5) of the Act, which Administrative Reviews in Response to Operational 8 See Blue Pipe’s Letter, ‘‘Circular Welded Carbon provides instructions for calculating the Adjustments Due to COVID–19 Government,’’ dated Steel Pipes and Tubes from Thailand: Section A all-others rate in a less-than-fair-value April 24, 2020. Questionnaire Response,’’ dated November 10, 2020 4 See Memorandum, ‘‘Tolling of Deadlines for at 22; and Saha Thai’s Letter, ‘‘Saha Thai’s Section investigation, for guidance when Antidumping and Countervailing Duty A Questionnaire Response Circular Welded Carbon calculating the weighted-average Administrative Reviews,’’ dated July 21, 2020. Steel Pipe and Tubes from Thailand (AR 19–20),’’ dumping margin for companies which 5 See Memorandum, ‘‘Certain Welded Carbon dated November 10, 2020 at 19 and 24–25; see also were not selected for individual Steel Pipes and Tubes from Thailand: Extension of Blue Pipe’s Letter, ‘‘Circular Welded Carbon Steel Deadline for Preliminary Results of Antidumping Pipes and Tubes from Thailand: 1st Supplemental examination in an administrative Duty Administrative Review; 3/1/2019–2/29/2020,’’ Questionnaire Response—Part 2,’’ dated March 1, review. Under section 735(c)(5)(A) of dated January 21, 2021. 2021 at 2–3 and Exhibits 3–4; and Saha Thai’s the Act, the all-others rate is normally 6 See Memorandum, ‘‘Circular Welded Carbon Letter, ‘‘Saha Thai’s Supplemental Questionnaire an amount equal to the weighted Steel Pipes and Tubes from Thailand: Decision Response Circular Welded Carbon Steel Pipe and Memorandum for the Preliminary Results of Tubes from Thailand (AR 19–20),’’ dated February average of the estimated weighted- Antidumping Duty Administrative Review, and 24, 2021 at 5–6 and Exhibits 5–10. average dumping margins established Preliminary Determination of No Shipments; 2018– 9 Id. for exporters and producers 2019,’’ dated concurrently with, and hereby 10 See, e.g., Certain Steel Nails from Taiwan: Final individually investigated, excluding adopted by, this notice (Preliminary Decision Results of Antidumping Duty Administrative rates that are zero, de minimis (i.e., less Memorandum). Review and Final Determination of No Shipments; 7 See Preliminary Decision Memorandum at 2018–2019, 85 FR 76014, 76015 (November 27, than 0.5 percent) or determined entirely ‘‘Scope of the Order.’’ 2020). on the basis of facts available.
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Consistent with section 735(c)(5)(A) shipments of subject merchandise ACCESS 15 and must be served on of the Act, we determined the weighted- entered, or withdrawn from warehouse, interested parties.16 Executive average dumping margin for each of the for consumption on or after the date of summaries should be limited to five non-selected companies by using the publication of the final results of this pages total, including footnotes. weighted-average dumping margin administrative review, as provided for Pursuant to 19 CFR 351.310(c), calculated for Saha Thai in this by section 751(a)(2)(C) of the Act: (1) interested parties who wish to request a administrative review. The cash deposit rate for the companies hearing, must submit a written request under review will be equal to the Assessment Rates to the Assistant Secretary for weighted-average dumping margin Enforcement and Compliance, filed Upon completion of this established in the final results of this electronically via Commerce’s electronic administrative review, Commerce shall review (except, if that rate is de determine and CBP shall assess minimis, then the cash deposit rate will records system, ACCESS. Requests antidumping duties on all appropriate be zero); (2) for previously reviewed or should contain: (1) The party’s name, entries. If an examined respondent’s investigated companies not listed in the address and telephone number; (2) the weighted-average dumping margin is final results of this review, including number of participants; and (3) a list of not zero or de minimis in the final those for which Commerce may issues to be discussed. Issues raised in results of this review, we will calculate determine had no shipments during the the hearing will be limited to those importer-specific ad valorem POR, the cash deposit rate will continue raised by each party in their respective assessment rates on the basis of the ratio to be the company-specific rate case brief. of the total amount of dumping calculated for an importer’s examined published for the most recently Note that Commerce has temporarily sales and the total entered value of such completed segment of this proceeding; modified certain of its requirements for sales in accordance with 19 CFR (3) if the exporter is not a firm covered serving documents containing business 351.212(b)(1). For non-examined in this review or another completed proprietary information, until further respondents, Commerce shall direct segment of this proceeding, but the notice.17 An electronically filed CBP to assess antidumping duties at an producer is, then the cash deposit rate document must be received successfully ad valorem rate equal to the company- will be the rate established for the most in its entirety in ACCESS by 5 p.m. specific weighted-average dumping recently completed segment of this Eastern Time within 30 days after the margin determined in the final results of proceeding for the producer of the date of publication of this notice. this review. Where either the merchandise; and (4) if neither the exporter nor the producer is a firm Commerce intends to issue the final respondent’s weighted-average dumping results of this administrative review, margin is zero or de minimis within the covered in this or any previously including the results of its analysis of meaning of 19 CFR 351.106(c), or an completed segment of this proceeding, the issues raised in any written briefs, importer-specific assessment rate is zero then the cash deposit rate will be the or de minimis, we will instruct CBP to all-others rate of 15.67 percent that was not later than 120 days after the date of liquidate the appropriate entries established in the less-than-fair-value publication of this notice, unless without regard to antidumping duties. investigation.12 These deposit extended, pursuant to section Commerce clarified its ‘‘automatic requirements, when imposed, shall 751(a)(3)(A) of the Act. assessment’’ regulation on May 6, remain in effect until further notice. 11 Notification to Importers 2003. This clarification applies to Disclosure and Public Comment entries of subject merchandise during This notice serves as a preliminary the POR produced by Saha Thai for We intend to disclose the calculations reminder to importers of their which it did not know its merchandise performed to parties in this proceeding responsibility under 19 CFR was destined for the United States. In within five days after public 351.402(f)(2) to file a certificate such instances, we will instruct CBP to announcement of the preliminary regarding the reimbursement of liquidate unreviewed entries at the all- results in accordance with 19 CFR antidumping duties prior to liquidation others rate if there is no rate for the 351.224(b). Interested parties may of the relevant entries during this intermediate company(ies) involved in submit case briefs not later than the date review period. Failure to comply with the transaction. which Commerce will announce this requirement could result in We intend to issue assessment subsequent to this notice. Rebuttal instructions to CBP no earlier than 35 Commerce’s presumption that briefs, limited to issues raised in the reimbursement of antidumping duties days after the date of publication of the case briefs, may be filed not later than occurred and the subsequent assessment final results of this review in the seven days after the date for filing case of double antidumping duties. Federal Register. If a timely summons is briefs.13 Parties who submit case briefs filed at the U.S. Court of International or rebuttal briefs in this proceeding are Notification to Interested Parties Trade, the assessment instructions will encouraged to submit with each direct CBP not to liquidate relevant argument: (1) A statement of the issue; We are issuing and publishing these entries until the time for parties to file (2) a brief summary of the argument; preliminary results in accordance with a request for a statutory injunction has and (3) a table of authorities.14 Case and sections 751(a)(1) and 777(i) of the Act, expired (i.e., within 90 days of rebuttal briefs should be filed using and 19 CFR 351.213(h) and publication). 351.221(b)(4). Cash Deposit Requirements 12 See Antidumping Duty Order: Circular Welded Carbon Steel Pipes and Tubes from Thailand, 51 FR The following cash deposit 8341 (March 11, 1986). requirements will be effective for all 13 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension 11 For a full discussion of this clarification, see of Effective Period, 85 FR 41363 (July 10, 2020) 15 See generally 19 CFR 351.303. Antidumping and Countervailing Duty Proceedings: (Temporary Rule). Assessment of Antidumping Duties, 68 FR 23954 14 See 19 CFR 351.303 (for general filing 16 See 19 CFR 351.303(f). (May 6, 2003). requirements). 17 See Temporary Rule.
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Dated: June 1, 2021. FOR FURTHER INFORMATION CONTACT: II. Method of Collection Christian Marsh, Requests for additional information or The form is sent by request to U.S. Acting Assistant Secretary for Enforcement specific questions related to collection firms. and Compliance. activities should be directed to Amanda Reynolds, Senior International III. Data Appendix Economist, (202) 482–4691 and email OMB Control Number: 0625–0125. List of Topics Discussed in the Preliminary [email protected]. Decision Memorandum Form Number(s): ITA–4093P. SUPPLEMENTARY INFORMATION: Type of Review: Regular submission. I. Summary Affected Public: Business or other for- II. Background I. Abstract III. Scope of the Order profit organizations; not-for-profit IV. Preliminary Determination of No Title III of the Export Trading institutions, and state, local or tribal Shipments Company Act (hereinafter ‘‘the Act’’) of government. V. Comparison to Normal Value 1982 (Pub. L. 97–290, 15 U.S.C. 4001 et Estimated Number of Respondents: 9. VI. Particular Market Situation seq.), authorizes the Secretary of Estimated Time per Response: 32 VII. Product Comparisons Commerce to issue, with the hours (application); 2 hours (annual VIII. Determination Not to Select TPP as a concurrence of the Attorney General, an report). Voluntary Respondent Estimated Total Annual Burden IX. Discussion of Methodology Export Trade Certificate of Review to X. Recommendation any person that establishes that its Hours: 440 hours. proposed export trade, export trade Estimated Total Annual Cost to [FR Doc. 2021–11922 Filed 6–7–21; 8:45 am] activities, and methods of operation Public: $0. BILLING CODE 3510–DS–P meet the four standards found in Respondent’s Obligation: Voluntary. Section 303(a) of the Act, 15 U.S.C. 4001 Legal Authority: Title III of the Export DEPARTMENT OF COMMERCE et seq. An Export Trade Certificate of Trading Company Act of 1982, 15 U.S.C. Review provides the certificate holder § 4011–4021. and its members with limited antitrust International Trade Administration IV. Request for Comments immunity for specified export-related Agency Information Collection activities. Application for an Export We are soliciting public comments to Activities; Submission to the Office of Trade Certificate of Review is voluntary. permit the Department/Bureau to: (a) Management and Budget (OMB) for The information to be collected is found Evaluate whether the proposed Review and Approval; Comment at 15 CFR part 325.3—Export Trade information collection is necessary for Request; Application for Export Trade Certificates of Review. The collection of the proper functions of the Department, Certificate of Review information is necessary for both the including whether the information will Departments of Commerce and Justice to have practical utility; (b) Evaluate the AGENCY: International Trade conduct an analysis, in order to accuracy of our estimate of the time and Administration, Commerce. determine whether the applicant and its cost burden for this proposed collection, ACTION: Notice of information collection, members are eligible to receive the including the validity of the request for comment. protection of an Export Trade Certificate methodology and assumptions used; (c) of Review and whether the applicant’s Evaluate ways to enhance the quality, SUMMARY: The Department of proposed export-related conduct meets utility, and clarity of the information to Commerce, in accordance with the the standards in Section 303(a) of the be collected; and (d) Minimize the Paperwork Reduction Act of 1995 Act. The collection of information reporting burden on those who are to (PRA), invites the general public and constitutes the essential basis of the respond, including the use of automated other Federal agencies to comment on statutory determinations to be made by collection techniques or other forms of proposed, and continuing information the Secretary of Commerce and the information technology. collections, which helps us assess the Attorney General. Comments that you submit in impact of our information collection The Department of Commerce response to this notice are a matter of requirements and minimize the public’s conducts its economic and legal public record. We will include or reporting burden. The purpose of this analysis of the information supplied by summarize each comment in our request notice is to allow for 60 days of public applicants through the Office of Trade to OMB to approve this ICR. Before comment preceding submission of the and Economic Analysis and the Office including your address, phone number, collection to OMB. of the General Counsel. In the email address, or other personal DATES: To ensure consideration, Department of Justice, analysis is identifying information in your comments regarding this proposed conducted by the Antitrust Division. comment, you should be aware that your entire comment—including your information collection must be received Title III was enacted to reduce on or before August 9, 2021. personal identifying information—may uncertainty regarding the application of be made publicly available at any time. ADDRESSES: Interested persons are U.S. antitrust laws to export activities. While you may ask us in your comment invited to submit written comments to An Export Trade Certificate of Review to withhold your personal identifying Amanda Reynolds, Senior International provides its holder and members named information from public review, we Economist, International Trade in the Certificate with (a) protection cannot guarantee that we will be able to Administration (ITA) by email to from government actions under state do so. [email protected] or and federal antitrust laws for the export [email protected]. Please conduct specified in the Certificate, and Sheleen Dumas, reference OMB Control Number 0625– (b) certain protection from private suits, Department PRA Clearance Officer, Office of 0125 in the subject line of your by limiting liability in private actions to the Chief Information Officer, Commerce comments. Do not submit Confidential actual damages when the challenged Department. Business Information or otherwise activities are covered by an Export [FR Doc. 2021–11907 Filed 6–7–21; 8:45 am] sensitive or protected information. Trade Certificate of Review. BILLING CODE 3510–DR–P
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DEPARTMENT OF COMMERCE results of the CCRs by 45 days until June with the regulations and terms of an 2, 2021.4 APO is a violation which is subject to International Trade Administration On May 14, 2021, Maodi Solar sanction. [A–570–010, C–570–011] informed Commerce that it ‘‘no longer This notice is issued and published in wishes to pursue this action, and hereby accordance with sections 751(b)(1) and Crystalline Silicon Photovoltaic withdraws its request for a finding of 777(i) of the Tariff Act of 1930, as Products From the People’s Republic changed circumstances and partial amended. 5 of China: Notice of Rescission of revocation.’’ No party submitted Dated: June 2, 2021. Changed Circumstances Reviews comments on Maodi Solar’s withdrawal James Maeder, of its CCR requests. AGENCY: Enforcement and Compliance, Deputy Assistant Secretary for Antidumping International Trade Administration, Rescission of Reviews and Countervailing Duty Operations. Department of Commerce. Although it does not specifically [FR Doc. 2021–11921 Filed 6–7–21; 8:45 am] SUMMARY: The Department of Commerce reference CCRs, 19 CFR 351.213(d)(1) BILLING CODE 3510–DS–P (Commerce) is rescinding the changed provides that Commerce will rescind an circumstances reviews (CCRs) of the administrative review if the party DEPARTMENT OF COMMERCE antidumping duty (AD) and requesting the review withdraws its countervailing duty (CVD) orders on request within 90 days of the date of National Institute of Standards and crystalline silicon photovoltaic products publication of the notice of initiation of Technology (solar products) from the People’s the requested review. Commerce’s Republic of China (China) with respect practice has been to apply the 90-day Information Collection Activities; to certain off-grid portable small panels. deadline to requests for CCRs. However, Submission to the Office of DATES: Applicable June 8, 2021. 19 CFR 351.213(d)(1) also provides that Management and Budget (OMB) for FOR FURTHER INFORMATION CONTACT: Commerce may extend the 90-day time Review and Approval; Comment Mark Hoadley, Enforcement and limit for withdrawing the request for an Request; Small- and Medium-Sized Compliance, AD/CVD Operations, administrative review if we determine Business Complex Event COVID–19 Office VII, International Trade that it is reasonable to do so. In this Survey (Wave 3) case, Maodi Solar requested a rescission Administration, U.S. Department of The Department of Commerce will Commerce, 1401 Constitution Avenue of this review on May 14, 2021, which is beyond 90 days from the date of submit the following information NW, Washington, DC 20230; telephone: collection request to the Office of (202) 482–3148. initiation. However, we note that no party has objected to Maodi Solar’s Management and Budget (OMB) for SUPPLEMENTARY INFORMATION: rescission request. Additionally, review and clearance in accordance Background Commerce has not expended significant with the Paperwork Reduction Act of resources conducting this review. 1995, on or after the date of publication On July 28, 2020, Commerce of this notice. We invite the general published a notice of initiation of CCRs, Therefore, we determine that it is reasonable to extend the 90-day time public and other Federal agencies to and consideration of revocation of the comment on proposed, and continuing Orders, in part, with respect to certain limit in this instance. Consequently, Commerce has accepted Maodi Solar’s information collections, which helps us off-grid portable small panels, pursuant assess the impact of our information to a request by Maodi Solar Technology rescission request in this case as timely 1 and is now rescinding the CCRs. U.S. collection requirements and minimize (Dongguan) Co. Ltd. (Maodi Solar). On the public’s reporting burden. Public September 3, 2020, Commerce Customs and Border Protection will comments were previously requested published the Preliminary Results of the continue to suspend entries of subject via the Federal Register on January 19, CCRs, preliminarily determining to merchandise at the appropriate cash 2021 (86 FR 5140) during a 60-day revoke the Orders, in part, with respect deposit rate for all entries of solar comment period. This notice allows for to certain off-grid portable small products from China. an additional 30 days for public panels.2 Commerce invited parties to Notification Regarding Administrative comments. comment on the Preliminary Results in Protective Orders Agency: National Institute of accordance with 19 CFR This notice also serves as a reminder Standards and Technology (NIST). 351.309(c)(1)(ii).3 No party submitted to parties subject to the administrative Title: Small and Medium Sized comments on the Preliminary Results. Business Complex Event COVID–19 On April 19, 2021, Commerce protective order (APO) of their Survey (Wave 3). extended the deadline for the final responsibility concerning the disposition of proprietary information OMB Control Number: 0693–XXXX. Form Number(s): None. 1 See Crystalline Silicon Photovoltaic Products disclosed under an APO in accordance with 19 CFR 351.305(a)(3). Timely Type of Request: Regular. from the People’s Republic of China: Notice of Number of Respondents: 1,800. Initiation of Changed Circumstances Reviews, and written notification of the return or Average Hours per Response: 15 Consideration of Revocation of the Antidumping destruction of APO materials, or minutes to 45 minutes. and Countervailing Duty Orders in Part, 85 FR conversion to judicial protective order, 45373 (July 28, 2020); see also Certain Crystalline Estimated Time per Response: 15 Silicon Photovoltaic Products from the People’s is hereby requested. Failure to comply minutes per structured survey Republic of China: Antidumping Duty Order; and (n=1,800); additional 45 minutes for the Amended Final Affirmative Countervailing Duty 4 See Memorandum, ‘‘Crystalline Silicon Determination and Countervailing Duty Order, 80 Photovoltaic Products from the People’s Republic of semi-structured survey add-on (n=300). FR 8592 (February 18, 2015) (Orders). China: Extension of Deadline for Final Results of Burden Hours: 675 hours. 2 See Crystalline Silicon Photovoltaic Products Changed Circumstances Reviews, and Revocation of Estimated Total Annual Burden from the People’s Republic of China: Preliminary the Antidumping and Countervailing Duty Orders Hours: 15 min. × 1,800 = 27,000; 45 Results of Changed Circumstances Reviews, and in Part,’’ dated April 19, 2021. min. × 300 = 13,500; Total = 40,500 min. Intent to Revoke Antidumping and Countervailing 5 See Maodi Solar’s Letter, ‘‘Crystalline Silicon Duty Orders in Part, 85 FR 54993 (September 3, Photovoltaic Products from the Peoples’ Republic of = 675 hours. 2020) (Preliminary Results). China; Withdrawal of Request for Changed Needs and Uses: In May 2020, 3 See Preliminary Results, 85 FR at 54996. Circumstances Review,’’ dated May 14, 2021. researchers at NIST launched a
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longitudinal effort to assess Complex publication of this notice on the I. Abstract Event Resilience of Small- and Medium- following website www.reginfo.gov/ This request is for a revision and sized Enterprises (SMEs) during the public/do/PRAMain. Find this extension of a currently approved COVID–19 pandemic. This effort was particular information collection by information collection. The National approved by the NIST Office of the selecting ‘‘Currently under 30-day Oceanic and Atmospheric Associate Director for Laboratory Review—Open for Public Comments’’ or Administration’s Coastal Ocean Program Programs, providing time for this work by using the search function and (COP), now known as the Competitive to be conducted. entering the title of the collection. Research Program (CRP) under the As COVID–19 conditions persist, populations around the U.S. and the Sheleen Dumas, National Centers for Coastal Ocean world have and will continue to Department PRA Clearance Officer, Office of Science, provides direct financial experience heat waves, floods, the Chief Information Officer, Commerce assistance through grants and hurricanes, fire, and drought during the Department. cooperative agreements for research period of virus transmission and into [FR Doc. 2021–11930 Filed 6–7–21; 8:45 am] supporting the management of coastal the period of recovery (e.g., Phillips et BILLING CODE 3510–13–P ecosystems and the NOAA RESTORE al., 2020). There were 22 $1 billion Science Program (RSP). The statutory extreme weather events in 2020. SMEs authority for COP is Public Law 102– in areas vulnerable to natural hazards DEPARTMENT OF COMMERCE 567 Section 201 (Coastal Ocean and disasters are particularly Program). NOAA was authorized to National Oceanic and Atmospheric establish and administer the Restore noteworthy in the context of COVID–19. Administration The goal of this longitudinal effort is Science Program, in consultation with the U.S. Fish and Wildlife Service, by to inform NIST research and Agency Information Collection recommendations as well as provide the Resources and Ecosystems Activities; Submission to the Office of Sustainability, Tourist Opportunities, Federal partners (e.g., FEMA, NOAA, Management and Budget (OMB) for and SBA) with insights into how SMEs and Revived Economies (RESTORE) of Review and Approval; Comment the Gulf States Act of 2012 (Pub. L. 112– think about disaster readiness during Request; NOAA Coastal Ocean the pandemic, both the transmission 141, Section 1604). Identified in the Program Grants Proposal Application RESTORE Act as the Gulf Coast and recovery periods. The first and Package second waves of data collection took Ecosystem restoration Science, place during summer 2020 and fall AGENCY: National Oceanic & Observation, Monitoring, and 2020/winter 2021, respectively and Atmospheric Administration (NOAA), Technology Program, the Program is were approved under the NIST Generic Commerce. commonly known as the NOAA Clearance #0693–0078. ACTION: Notice of information collection, RESTORE Science Program. In addition A third wave of data collection is request for comment. to standard government application proposed in order to address the requirements, applicants for financial research goals as SMEs begin to recover SUMMARY: The Department of assistance are required to submit a from the pandemic. This effort Commerce, in accordance with the project summary form, current and addresses the gap in research on the Paperwork Reduction Act of 1995 pending form, and a key contacts form experiences of SMEs dealing with (PRA), invites the general public and for both programs. CRP recipients are complex events generally and those that other Federal agencies to comment on required to file annual progress reports arise during a pandemic, specifically. proposed, and continuing information and a project final report using CRP This longitudinal study accounts for collections, which helps us assess the formats. The RSP are required to file SME vulnerabilities, which may further impact of our information collection semi-annual progress reports, a final amplify the impacts of a singular or requirements and minimize the public’s report, and a Gantt chart showing complex event. reporting burden. The purpose of this project milestones using RSP formats. Proposed respondents to this data notice is to allow for 60 days of public All of these requirements are needed for collection have already registered their comment preceding submission of the better evaluation of proposals and interest in participation in the data collection to OMB. monitoring of awards. collection (during Wave 2). The DATES: To ensure consideration, Revisions to the approved annual and proposed collection is critical to comments regarding this proposed final reports for CRP include the request understand the resilience of SMEs, information collection must be received for publication digital object identifiers which in turn allows NIST to refine on or before August 9, 2021. (DOIs). Additional information requested for RSP semi-annual and final recommendations relevant to SMEs. ADDRESSES: Interested persons are This is critical as SMEs and the invited to submit written comments to reports include end-user details. communities in which they exist plan Adrienne Thomas, NOAA PRA Officer, II. Method of Collection for future events while continuing to at [email protected]. Please Respondents have a choice of either recover from COVID–19 impacts. reference OMB Control Number 0648– electronic or paper forms. Affected Public: The private sector. 0384 in the subject line of your Frequency: Once. comments. Do not submit Confidential III. Data Respondent’s Obligation: Voluntary. This information collection request Business Information or otherwise OMB Control Number: 0648–0384. may be viewed at www.reginfo.gov. sensitive or protected information. Form Number: None. Follow the instructions to view the FOR FURTHER INFORMATION CONTACT: Type of Review: Regular submission Department of Commerce collections Requests for additional information or (revision/extension of a currently currently under review by OMB. specific questions related to collection approved collection). Written comments and activities should be directed to Laurie Affected Public: Non-profit recommendations for the proposed Golden, Grants Administrator, 240–533– institutions; State, local, or tribal information collection should be 0285 or [email protected]. government; business or other for-profit submitted within 30 days of the SUPPLEMENTARY INFORMATION: organizations.
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Estimated Number of Respondents: DEPARTMENT OF COMMERCE obligations under the Atlantic Tunas 1,200. Convention Act of 1975 (16 U.S.C. 971 National Oceanic and Atmospheric Estimated Time per Response: 30 et seq.). NMFS issues permits to fishing Administration minutes each for a project summary, key vessels and dealers in order to collect contacts and current and pending information necessary to comply with Agency Information Collection domestic and international obligations, federal support; 6 hours for a semi- Activities; Submission to the Office of secure compliance with regulations, and annual report; 6 hours for an annual Management and Budget (OMB) for disseminate necessary information. report, 10.5 hours for a CRP final report, Review and Approval; Comment 10.5 hours for the RSP final report; and Request; Atlantic Highly Migratory Regulations at 50 CFR 635.4 require 1 hour for the milestone Gantt chart. Species Permit Family of Forms that vessels participating in commercial and recreational fisheries for Atlantic Estimated Total Annual Burden AGENCY: National Oceanic & highly migratory species (HMS) and Hours: 1,875. Atmospheric Administration (NOAA), dealers purchasing Atlantic HMS from a Estimated Total Annual Cost to Commerce. vessel obtain a Federal permit issued by Public: $0 in recordkeeping/reporting ACTION: Notice of information collection, NMFS. This action addresses the costs. request for comment. renewal of permit applications currently approved under PRA 0648–0327, Respondent’s Obligation: Mandatory. SUMMARY: The Department of including both vessel and Atlantic IV. Request for Comments Commerce, in accordance with the Tunas Dealer permits. Vessel permits Paperwork Reduction Act of 1995 include Atlantic Tunas (except Longline We are soliciting public comments to (PRA), invites the general public and permits, which are approved under PRA permit the Department/Bureau to: (a) other Federal agencies to comment on 0648–0205), HMS Charter/Headboat, Evaluate whether the proposed proposed, and continuing information HMS Angling, and Swordfish General information collection is necessary for collections, which helps us assess the Commercial permits. This action also the proper functions of the Department, impact of our information collection includes the one-time requirement for including whether the information will requirements and minimize the public’s commercial vessels greater than 20 have practical utility; (b) Evaluate the reporting burden. The purpose of this meters in length to obtain an accuracy of our estimate of the time and notice is to allow for 60 days of public International Maritime Organization/ cost burden for this proposed collection, comment preceding submission of the Lloyd’s Registry (IMO/LR) number. collection to OMB. including the validity of the The burden estimates in this renewal DATES: methodology and assumptions used; (c) To ensure consideration, are being updated to reflect increases in Evaluate ways to enhance the quality, comments regarding this proposed the number of permits issued each year, utility, and clarity of the information to information collection must be received and a $6 increase in the price of permits be collected; and (d) Minimize the on or before August 9, 2021. due to increased costs associated with reporting burden on those who are to ADDRESSES: Interested persons are maintaining and executing the program. invited to submit written comments to respond, including the use of automated II. Method of Collection collection techniques or other forms of Adrienne Thomas, NOAA PRA Officer, at [email protected]. Please information technology. Methods of submittal include online, reference OMB Control Number 0648– email, and mail. Comments that you submit in 0327 in the subject line of your response to this notice are a matter of comments. Do not submit Confidential III. Data public record. We will include or Business Information or otherwise summarize each comment in our request sensitive or protected information. OMB Control Number: 0648–0327. to OMB to approve this ICR. Before FOR FURTHER INFORMATION CONTACT: Form Number(s): None. including your address, phone number, Requests for additional information or Type of Review: Regular submission email address, or other personal specific questions related to collection (extension of a current information identifying information in your activities should be directed to Clifford collection). comment, you should be aware that Hutt, Fishery Management Specialist, Affected Public: Individuals or your entire comment—including your NOAA Fisheries Highly Migratory households; Business or other for-profit personal identifying information—may Species Management Division, at 301– organizations. be made publicly available at any time. 427–8542 or [email protected]. Estimated Number of Respondents: SUPPLEMENTARY INFORMATION: While you may ask us in your comment 38,205. to withhold your personal identifying I. Abstract information from public review, we Estimated Time per Response: cannot guarantee that we will be able to This request is for the renewal and Renewal of Atlantic Tunas Dealer Permit application, 5 minutes; renewal do so. extension of a current information collection, which includes both vessel applications for the following vessel Sheleen Dumas, and dealer permits. permits—Atlantic Tunas, HMS Charter/ Department PRA Clearance Officer, Office of Under the provisions of the Headboat, HMS Angling, and Swordfish the Chief Information Officer, Commerce Magnuson-Stevens Fishery General Commercial, 10 minutes; initial Department. Conservation and Management Act (16 Atlantic Tunas Dealer Permit [FR Doc. 2021–12001 Filed 6–7–21; 8:45 am] U.S.C. 1801 et seq.), the National application, 15 minutes; initial BILLING CODE 3510–JS–P Oceanic and Atmospheric applications for the following vessel Administration’s National Marine permits—Atlantic Tunas, HMS Charter/ Fisheries Service (NMFS) is responsible Headboat, HMS Angling, and Swordfish for management of the Nation’s marine General Commercial, 35 minutes; One- fisheries. In addition, NMFS must time application for the IMO/LP comply with the United States’ number, 30 minutes.
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Estimated Total Annual Burden Atmospheric Administration (NOAA), copies of the original application, Hours: 10,730. Commerce. Renewal request, and supporting Estimated Total Annual Cost to ACTION: Notice; request for comments on documents (including NMFS Federal Public: $978,013. proposed Renewal incidental Register notices of the original proposed Respondent’s Obligation: Mandatory. harassment authorization (IHA). and final authorizations, and the Legal Authority: Magnuson-Stevens previous IHA), as well as a list of the Fishery Conservation and Management SUMMARY: NMFS received a request from references cited in this document, may Act (16 U.S.C. 1801 et seq.), and the the California Department of Fish and be obtained online at: https:// Atlantic Tunas Convention Act of 1975 Wildlife (CDFW) for the Renewal of www.fisheries.noaa.gov/permit/ (16 U.S.C. 971 et seq.). their currently active incidental incidental-take-authorizations-under- IV. Request for Comments harassment authorization (IHA) to take marine-mammal-protection-act. In case marine mammals incidental to the of problems accessing these documents, We are soliciting public comments to Elkhorn Slough Tidal Marsh Restoration please call the contact listed above. allow the Department/Bureau to: (a) Project (Phase II) which includes the SUPPLEMENTARY INFORMATION: Evaluate whether the proposed excavation and movement of soil with information collection is necessary for heavy machinery for marsh restoration Background the proper functions of the Department, in Monterey County, California. These The Marine Mammal Protection Act including whether the information will activities consist of activities that are (MMPA) prohibits the ‘‘take’’ of marine have practical utility; (b) Evaluate the covered by the current authorization but mammals, with certain exceptions. accuracy of our estimate of the time and will not be completed prior to its Sections 101(a)(5)(A) and (D) of the cost burden for this proposed collection, expiration. Pursuant to the Marine MMPA (16 U.S.C. 1361 et seq.) direct including the validity of the Mammal Protection Act, prior to issuing the Secretary of Commerce (as delegated methodology and assumptions used; (c) the currently active IHA, NMFS to NMFS) to allow, upon request, the Evaluate ways to enhance the quality, requested comments on both the incidental, but not intentional, taking of utility, and clarity of the information to proposed IHA and the potential for small numbers of marine mammals by be collected; and (d) Minimize the renewing the initial authorization if U.S. citizens who engage in a specified reporting burden on those who are to certain requirements were satisfied. The activity (other than commercial fishing) respond, including the use of automated Renewal requirements have been within a specified geographical region if collection techniques or other forms of satisfied, and NMFS is now providing certain findings are made and either information technology. an additional 15-day comment period to regulations are proposed or, if the taking Comments that you submit in allow for any additional comments on is limited to harassment, a notice of a response to this notice are a matter of the proposed Renewal not previously proposed incidental take authorization public record. We will include or provided during the initial 30-day is provided to the public for review. summarize each comment in our request comment period. Authorization for incidental takings to OMB to approve this ICR. Before shall be granted if NMFS finds that the including your address, phone number, DATES: Comments and information must be received no later than June 23, 2021. taking will have a negligible impact on email address, or other personal the species or stock(s) and will not have ADDRESSES: identifying information in your Comments should be an unmitigable adverse impact on the comment, you should be aware that addressed to Jolie Harrison, Chief, availability of the species or stock(s) for your entire comment—including your Permits and Conservation Division, taking for subsistence uses (where personal identifying information—may Office of Protected Resources, National relevant). Further, NMFS must prescribe be made publicly available at any time. Marine Fisheries Service. Written the permissible methods of taking and While you may ask us in your comment comments should be submitted via other ‘‘means of effecting the least to withhold your personal identifying email to [email protected]. practicable adverse impact’’ on the information from public review, we Instructions: NMFS is not responsible affected species or stocks and their cannot guarantee that we will be able to for comments sent by any other method, habitat, paying particular attention to do so. to any other address or individual, or rookeries, mating grounds, and areas of received after the end of the comment Sheleen Dumas, similar significance, and on the period. Comments, including all availability of such species or stocks for Department PRA Clearance Officer, Office of attachments, must not exceed a 25- taking for certain subsistence uses the Chief Information Officer, Commerce megabyte file size. Attachments to Department. (referred to here as ‘‘mitigation comments will be accepted in Microsoft measures’’). Monitoring and reporting of [FR Doc. 2021–11998 Filed 6–7–21; 8:45 am] Word or Excel or Adobe PDF file such takings are also required. The BILLING CODE 3510–22–P formats only. All comments received are meaning of key terms such as ‘‘take,’’ a part of the public record and will ‘‘harassment,’’ and ‘‘negligible impact’’ generally be posted online at https:// DEPARTMENT OF COMMERCE can be found in section 3 of the MMPA www.fisheries.noaa.gov/permit/ (16 U.S.C. 1362) and the agency’s National Oceanic and Atmospheric incidental-take-authorizations-under- regulations at 50 CFR 216.103. Administration marine-mammal-protection-act without NMFS’ regulations implementing the change. All personal identifying MMPA at 50 CFR 216.107(e) indicate [RTID 0648–XB129] information (e.g., name, address) that IHAs may be renewed for voluntarily submitted by the commenter Takes of Marine Mammals Incidental to additional periods of time not to exceed may be publicly accessible. Do not one year for each reauthorization. In the Specified Activities; Taking Marine submit confidential business Mammals Incidental to Elkhorn Slough notice of proposed IHA for the initial information or otherwise sensitive or authorization, NMFS described the Tidal Marsh Restoration, Phase II in protected information. Monterey County, California circumstances under which we would FOR FURTHER INFORMATION CONTACT: Kim consider issuing a Renewal for this AGENCY: National Marine Fisheries Corcoran, Office of Protected Resources, activity, and requested public comment Service (NMFS), National Oceanic and NMFS, (301) 427–8401. Electronic on a potential Renewal under those
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circumstances. Specifically, on a case- Renewal, along with relevant comments slough-phase-ii-2020) which confirms by-case basis, NMFS may issue a one- on the initial IHA, have been considered that the applicant has implemented the time one-year Renewal IHA following in the development of this proposed required mitigation and monitoring, and notice to the public providing an IHA Renewal, and a summary of agency which also shows that no impacts of a additional 15 days for public comments responses to applicable comments is scale or nature not previously analyzed when (1) up to another year of identical included in this notice. NMFS will or authorized have occurred as a result or nearly identical, or nearly identical, consider any additional public of the activities conducted. However, activities as described in the Detailed comments prior to making any final NMFS did note that there were a few Description of Specified Activities decision on the issuance of the instances where work continued during section of the initial IHA issuance requested Renewal, and agency the pupping season during what was notice is planned or (2) the activities as responses will be summarized in the noted as foggy or hard to see conditions. described in the Detailed Description of final notice of our decision. Despite the low visibility, there were no Specified Activities section of the initial The NDAA (Pub. L. 108–136) unexpected changes in behavior noted IHA issuance notice would not be removed the ‘‘small numbers’’ and during the activity. These instances completed by the time the initial IHA ‘‘specified geographical region’’ were rare and CDFW has been reminded expires and a Renewal would allow for limitations indicated above and to shut down activity during times completion of the activities beyond that amended the definition of ‘‘harassment’’ where monitoring cannot be efficiently described in the DATES section of the as it applies to a ‘‘military readiness implemented, especially during notice of issuance of the initial IHA, activity.’’ pupping season (March–July). provided all of the following conditions National Environmental Policy Act Description of the Specified Activities are met: (1) A request for renewal is received The current action is consistent with and Anticipated Impacts no later than 60 days prior to the needed categories of activities identified in CDFW is unable to complete all of the Renewal IHA effective date (recognizing Categorical Exclusion B4 (incidental planned work under the initial 2020 that the Renewal IHA expiration date harassment authorizations with no IHA for Phase II of the Elkhorn Slough cannot extend beyond one year from anticipated serious injury or mortality) Tidal Marsh Restoration Project. The expiration of the initial IHA). of the Companion Manual for NOAA initial IHA planned to restore 58 acres (2) The request for renewal must Administrative Order 216–6A, which do of saltmarsh habitat in two areas, include the following: not individually or cumulatively have Minhoto-Hester Restoration Area • An explanation that the activities to the potential for significant impacts on (subareas M4a–b, M5, and M6) and the be conducted under the requested the quality of the human environment Seal Bend Restoration Area (S1–S4) Renewal IHA are identical to the and for which we have not identified (Figure 1). To date, the majority of activities analyzed under the initial any extraordinary circumstances that earthwork at the Minhoto-Hester IHA, are a subset of the activities, or would preclude this categorical Restoration Area has been completed, include changes so minor (e.g., exclusion. Accordingly, NMFS has including earthwork in subareas M4a–b reduction in pile size) that the changes preliminarily determined that the and M5, however outstanding work in do not affect the previous analyses, issuance of the proposed renewal subareas M5 and M6 will not be mitigation and monitoring qualifies to be categorically excluded completed before the May 31, 2021 IHA requirements, or take estimates (with from further NEPA review just as the expiration date. Therefore, CDFW has the exception of reducing the type or initial IHA did. requested a Renewal IHA to authorize the take of marine mammals for a subset amount of take). History of Request • A preliminary monitoring report of the initially planned work that has showing the results of the required On March 13, 2020, NMFS issued an not been completed which will include monitoring to date and an explanation IHA to CDFW to take marine mammals the outstanding work in subareas M5 showing that the monitoring results do incidental to construction activities and M6. A separate IHA application will not indicate impacts of a scale or nature associated with the second phase of the be submitted by CDFW for the work at not previously analyzed or authorized. tidal marsh restoration project in the Seal Bend Restoration Area which (3) Upon review of the request for Elkhorn Slough, California (85 FR has not been initiated to date, and is Renewal, the status of the affected 14640; March 13, 2021), effective from expected to start later in the year. Of species or stocks, and any other June 01, 2020 through May 31, 2021. On note, the work in the Minhoto-Hester pertinent information, NMFS May 11, 2021, NMFS received an Restoration Area has taken more days to determines that there are no more than application for the Renewal of that conduct than initially expected, but the minor changes in the activities, the initial IHA. Although the request was completion of work in that Area is still mitigation and monitoring measures not received 60 days prior to the expected to occur within the total will remain the same and appropriate, expiration date of the initial IHA, the number of workdays contemplated in and the findings in the initial IHA applicant has been informed that the the initial IHA. remain valid. Renewal may not be issued until 60 Anticipated impacts would include An additional public comment period days past the May 11, 2021 submission only Level B harassment of marine of 15 days (for a total of 45 days), with date. As described in the application for mammals (though fewer, since the direct notice by email, phone, or postal Renewal IHA, the activities for which duration of the proposed activity is service to commenters on the initial incidental take is requested consist of shorter). CDFW’s request is for one IHA, is provided to allow for any activities that are covered by the initial species of pinniped by Level B additional comments on the proposed authorization but will not be completed harassment: Harbor seal (Phoca vitulina Renewal. A description of the Renewal prior to its expiration. As required, the richardii). Monitoring results from the process may be found on our website at: applicant also provided a preliminary 2020 restoration activities indicate that www.fisheries.noaa.gov/national/ monitoring report (available at https:// observed exposures above Level B marine-mammal-protection/incidental- www.fisheries.noaa.gov/action/ harassment thresholds were well below harassment-authorization-renewals. incidental-take-authorization-tidal- the amount authorized in associated Any comments received on the potential marsh-restoration-project-elkhorn- with the amount of work conducted to
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date (see monitoring report in renewal authorized under the 2020 IHA will be restoration work at the Minhoto-Hester request letter). Thus, the subset of Level sufficient to cover the remaining 2021 Restoration Area. B harassment take remaining from that
Figure 1 - Overview of Elkhorn Slough Tidal Marsh Restoration Project
Detailed Description of the Activity fill in subareas M5 and M6 (see Table to those described in the previous As discussed earlier, this is a Renewal 1) to raise the subsided marsh plain; notices. The proposed Renewal would to complete the subset of the activity not excavation of tidal channels in all be effective until May 31, 2022 and does completed under the initial IHA (85 FR subareas; and rerouting tidal flow from not authorize activities related to 14640; March 13, 2020). Due to the existing tidal channel adjacent to restoration work in the Seal Bend construction delays attributed to severe Yampah Marsh to the new tidal channel Restoration Area as a subsequent IHA weather in the winter of 2020 which that bisects subareas M4b and M5. All application will be submitted by CDFW limited the ability for heavy equipment of the remaining work is consistent with for such activities at a later date. to access and mobilize onsite in work described in the initial IHA. Table 1 (same as Table 1 from application and The mitigation and monitoring will be addition to smaller construction crew identical to that of the 2020 IHA. A sizes than anticipated, only 118 days of initial proposed) presents the acreages detailed description of the restoration work occurred between August 2020 and extents of proposed fill within each activities for which take is proposed and April 2021 of the 180 days marsh subarea, as well as the volume of may be found in the notices of the anticipated and authorized for this fill required for each marsh subarea to project. The completed work to date be restored. The upland borrow area, proposed (84 FR 72308; December 31, includes the majority of earthwork at onsite, would be used as the fill source. 2019) and the final IHAs (85 FR 14640; Minhoto-Hester Restoration Area in The project would rely primarily on March 13, 2020) for the 2020 subareas M4a–b, and M5. As of the natural vegetation recruitment in the authorization. All documented submission of their Renewal request, 62 restored marsh areas. associated with the 2020 IHA (i.e., the days of work remains at the Minhoto- This Renewal request is identical to IHA application, proposed IHA, final Hester Restoration Area which will that of the 2020 IHA, in that it is IHA, public comments, monitoring occur between the time the Renewal is comprised of a subset of the work that reports, etc.) can be found on NMFS’s issued and September 2021. The was covered in the initial IHA. The website, https://www.fisheries.noaa.gov/ applicant requests authorization for the location, timing, and nature of the action/incidental-take-authorization- work remaining as of June 1, 2021 activities, including the types of tidal-marsh-restoration-project-elkhorn- which includes placement of additional equipment planned for use, are identical slough-phase-ii-2020.
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TABLE 1—VOLUME OF FILL REQUIRED IN EACH SUB-AREA IN MINHOTO-HESTER RESTORATION AREA
Estimated Subarea Area Fill area fill volume (acres) (acres) (CY)
Sub-area M4a ...... 2.5 1.0 46,880 Sub-area M4b ...... 9.7 7.3 44,516 Sub-area M5 ...... 10.2 7.8 57,466 Sub-area H6 ...... 6.8 5.5 33,792
Total ...... 29.2 21.6 182,654 Source: ESA 2014a. 1 Volumes are mid-range estimates; actual volumes may be higher or lower.
Description of Marine Mammals Potential Effects on Marine Mammals specified activity are found in the final A description of the marine mammals and Their Habitat IHA notice for the initial authorization. in the area of the activities for which A description of the potential effects Specifically, the activity, days of authorization of take is proposed here, of the specified activity on marine operation, and marine mammal density including information on abundance, mammals and their habitat for the data applicable to this authorization status, distribution, and hearing, may be activities for which take is proposed remain unchanged from the previously found in the notices of the proposed and here may be found in the notices of the issued IHA. Similarly, the stock taken, final IHAs for the initial authorization. proposed and final IHAs for the initial method of take, and type of take remain NMFS has reviewed the monitoring data authorization. NMFS has reviewed the unchanged from the previously issued from the initial IHA, recent draft Stock monitoring data from the initial IHA, IHA. The number of Level B harassment Assessment Reports, information on recent draft Stock Assessment Reports, takes will be fewer since the proposed relevant Unusual Mortality Events, and information on relevant Unusual Renewal is for a subset of the days other scientific literature, and Mortality Events, and other scientific which can be seen in Table 2. The determined that neither this nor any literature, and determined that neither authorized take was determined by other new information affects which this nor any other new information multiplying the daily take estimate species or stocks have the potential to affects our initial analysis of impacts on (37.53) by the number of construction be affected or the pertinent information marine mammals and their habitat. days remaining (62 days) at Minhoto- in the Description of the Marine Hester Restoration Area and rounding Mammals in the Area of Specified Estimated Take Activities contained in the supporting A detailed description of the methods up (Table 2). documents for the initial IHA. and inputs used to estimate take for the
TABLE 2—CALCULATED TAKE AND PERCENTAGE OF STOCK EXPOSED
Authorized take Species % population 4 Level B Level A
Pacific Harbor Seal ...... 417 1 max seals/day (9 percent 2) (62 days 3) = 2,327 ...... 0 1.3 1 Maximum number of seals observed/day between January 2018 and April 2019 by Reserve Otter Monitoring Project. 2 % Take from Phase I. 3 Number of construction days remaining in Minhoto-Hester Restoration Area. 4 Data from U.S. Pacific Marine Mammal Stock Assessments: 2015 (Carretta et al., 2015).
All estimates are considered Description of Proposed Mitigation, environmental conditions deteriorate conservative. Construction activities Monitoring and Reporting Measures such that marine mammals within the will occur in sections. Noise from The proposed mitigation, monitoring, entire shutdown zone would not be construction activities in more southern and reporting measures included as visible (e.g., fog, heavy rain), sections may thus cause fewer requirements in this authorization are construction must be delayed until the disturbances to seals given their identical to those included in the PSO is confident marine mammals distance from seal haul outs Federal Register notice announcing the within the shutdown zone could be (approximately 100 m and greater). issuance of the initial IHA, and the detected. There are unlikely to be 417 animals in discussion of the least practicable Visual Monitoring—Required the project area on any given day. Not adverse impact included in that monitoring must be conducted by all seals that previously used the haul document and the notice of the dedicated, trained, NMFS-approved outs within the footprint of the proposed IHA (84 FR 72308; December PSO(s). PSOs shall establish a Level B construction are expected use the haul 31, 2019) remains accurate. The harassment zone within 300 m of all outs just outside the project based on following measures are proposed for construction activities. When observations from Phase I of the project. this renewal: construction activities occur either, (1) Some seals may seek alternative haul Timing Restrictions—All work must in water or (2); within the boundaries of out habitat in other parts of Elkhorn be conducted during daylight hours the two tidal restoration areas, Minhoto- Slough. when visual monitoring of marine Hester and Seal Bend identified in mammals can be implemented. If
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Figure 1, monitoring must occur every Activities must cease if a marine • Occurrence of marine mammal other day when work is occurring. mammal species for which take was not species or stocks in the area in which When construction activities occur authorized, or a species for which take is anticipated (e.g., presence, near the ‘‘borrow’’ areas where marsh authorization was granted but the abundance, distribution, density). fill material is gathered, monitoring authorized number of takes have been • Nature, scope, or context of likely must occur every fifth day when work met, is observed by Protected Species marine mammal exposure to potential is occurring, unless the borrow area is Observers (PSOs) approaching or within stressors/impacts (individual or more than 300 m from any area where the Level B harassment zone. Activities cumulative, acute or chronic), through marine mammals have been observed. must not resume until the animal is better understanding of: (1) Action or Occurrence of marine mammals within confirmed to have left the area. environment (e.g., source the Level B harassment zone must be Construction Activities—A NMFS characterization, propagation, ambient communicated to the construction lead approved PSO must conduct biological noise); (2) affected species (e.g., life to prepare for the potential shutdown resources awareness training for history, dive patterns); (3) co-occurrence when required. construction personnel. The awareness of marine mammal species with the Pre-construction clearance and training will be provided to brief action; or (4) biological or behavioral Ramp-up—A 30-minute pre-clearance construction personnel on identification context of exposure (e.g., age, calving or observation period must occur prior to of marine mammals (including feeding areas). • the start of ramp-up and construction neonates) and the need to avoid and Individual marine mammal activities. CDFW must adhere to the minimize impacts to marine mammals. responses (behavioral or physiological) following pre-clearance and ramp-up If new construction personnel are added to acoustic stressors (acute, chronic, or requirements: (i) Construction activities to the project, the contractor shall cumulative), other stressors, or must not be initiated if any marine ensure that the personnel receive the cumulative impacts from multiple mammal is within 10 m of planned mandatory training before starting work. stressors. Construction activities must not be • operations. If a marine mammal is How anticipated responses to initiated if any marine mammal is observed within 10 m of planned stressors impact either: (1) Long-term within 10 m of planned operations. If a operations during the 30-minute pre- fitness and survival of individual marine mammal is observed within 10 clearance period, ramp-up must not marine mammals; or (2) populations, m of planned operations during the 30- begin until the animal(s) has been species, or stocks. minute pre-clearance period, ramp-up • observed exiting the zones or until an Effects on marine mammal habitat must not begin until the animal(s) has additional time period has elapsed with (e.g., marine mammal prey species, been observed exiting the zones or until no further sightings (15 minutes for acoustic habitat, or other important an additional time period has elapsed small odontocetes and pinnipeds and 30 physical components of marine with no further sightings (15 minutes for minutes for all other species), (ii) The mammal habitat). small odontocetes and pinnipeds and 30 • Mitigation and monitoring construction contractor must begin minutes for all other species). effectiveness. construction activities gradually each Furthermore, the PSO will have the PSOs—PSOs shall be used to detect, day (e.g., ramp up by moving around the authority to stop project activities if document, and minimize impacts to project area and starting equipment marine mammals approach or enter the marine mammals, as well as, sequentially). Level B Harassment Zone and/or at any communicate with and instruct relevant Shutdown Requirements—For heavy time for the safety of any marine construction crew with regard to the machinery work, if a marine mammal mammals. Work will commence only presence of marine mammals and comes within 10 m of such operations, with approval of the PSO to ensure that mitigation requirements. Independent operations must cease and vessels shall no marine mammals are present in the PSOs (i.e., not construction personnel) reduce speed to the minimum level Level B Harassment Zone. who have no other assigned tasks during required to maintain steerage and safe Ramp Up—To reduce the risk of monitoring periods must be used. working conditions. potentially startling marine mammals Biological monitoring will begin 30 Pupping Season—Construction with a sudden intensive sound, the minutes before work begins and will activities may not be initiated: (1) construction contractor must begin continue until 30 minutes after work is Within 300 m of a mom/pup pair that construction activities gradually each completed each day. is hauled out, or (2) within 100 m of a day by moving around the project area PSOs will be placed at the best mom/pup pair in the water. If there is and starting machinery one at a time. vantage point(s) practicable to monitor a gap in construction activities of more Based on our evaluation of the for marine mammals within the Level B than an hour or if construction moves to applicant’s proposed measures, as well harassment zone, defined above. If a different area, this initiation protocol as other measures considered by NMFS, multiple construction activities occur must again be implemented. During site NMFS has preliminarily determined simultaneously, enough PSOs must be containment activities that are that the authorized mitigation measures on duty to monitor all Level B underway, heavy machinery must not provide the means effecting the least Harassment zones. approach closer than 100 m of where practicable impact on the affected Qualifications for PSOs for visual mothers and pups are actively hauled species or stocks and their habitat, monitoring include: out. If a pup less than one week old paying particular attention to rookeries, • Visual acuity in both eyes (neonate) comes within 20 m of where mating grounds, and areas of similar (correction is permissible) sufficient for heavy machinery is working, significance. discernment of harbor seals on land or construction activities in that area must in the water with ability to estimate be shutdown or delayed until the pup Monitoring and Reporting target size and distance; use of has left the area. In the event that a pup Monitoring and reporting binoculars may be necessary to correctly less than one week old remains within requirements prescribed by NMFS identify the target. those 20 m, NMFS will be consulted to should contribute to improved • Successfully attained a bachelor’s determine the appropriate course of understanding of one or more of the degree from an accredited college or action. following: university with a major in one of the
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natural sciences and a minimum of 30 information on marine mammals Data collected must include: semester hours or equivalent in the observed in the area as necessary. • Numbers of each species biological sciences and at least one (a) PSOs must be provided with the • Location, including whether inside undergraduate course in math or equipment necessary to effectively the Level B harassment zone; whether statistics. The educational requirements monitor for marine mammals in order to hauled out or in the water; and may be waived if the PSO has acquired record species, the distance from distance from construction activities the relevant skills through alternate species’ location to the construction (+/¥10 m) activities, behaviors, and responses to experience. Requests for such a waiver • Time must include written justification. construction activities. • (b) The PSO must also conduct Tidal conditions Alternate experience that may be • biological resources awareness training Time construction activities start and considered includes, but is not limited end to (1) secondary education and/or for construction personnel. The • Primary construction activities experience comparable to PSO duties; awareness training will be provided to occurring during the past hour (2) previous work experience brief construction personnel on identification of marine mammals • Any noise or visual disturbance conducting academic, commercial, or • government-sponsored marine mammal (including neonates) and the need to Number of mom/pup pairs and avoid and minimize impacts to marine neonates observed surveys; or (3) previous work experience • as a PSO; the PSO should demonstrate mammals. If new construction Notable behaviors, including foraging, good standing and consistently good personnel are added to the project, the grooming, resting, aggression, mating performance of PSO duties. contractor shall ensure that the activity, and others • Experience and ability to conduct personnel receive the mandatory Notes should include any of the training before starting work. field observations and collect data following information to the extent it is Monitoring requirements also include: according to assigned protocols (this feasible to record: Pre-Activity Monitoring—Pre and post may include academic experience). • Age-class • construction daily censuses—A census Experience or training in the field of marine mammals in the project area • Sex identification of marine mammals, and the area surrounding the project • Unusual activity or signs of stress including the identification of must be conducted 30 minutes prior to • Any other information worth noting behaviors. • the beginning of construction on Construction Related Reactions— Sufficient training, orientation, or monitoring days, and again 30 minutes experience with the construction Record reaction observed in relation to after the completion of construction construction activities including: operation to provide for personal safety activities. The following data will be • Tally of each reaction during observations. collected: • • Time of reaction Writing skills sufficient to prepare a • Environmental conditions (weather report of observations including but not • Concurrent construction activity condition, tidal conditions, visibility, • limited to the number and species of cloud cover, air temperature and wind The assumed cause (whether related marine mammals observed; dates and speed to construction activities or not) shall times when construction activities were • Numbers of each marine mammal be noted • conducted; dates and times when species spotted Disturbance must be recorded construction activities were suspended • Location of each species spotted, according to NMFS’ three-point to avoid potential incidental injury from including distance from construction pinniped disturbance scale (see Table construction sound or visual activity 3) disturbance of marine mammals • Status (in water or hauled out) • Location of animal during initial observed; and marine mammal • Behavior reaction and distance from the noted behavior. Hourly Counts—Conduct hourly disturbance • Ability to communicate orally, by counts of animals hauled out and in the • Activity before and after disturbance radio or in person, with project water within, at least, the Level B • Status (in water or hauled out) before personnel to provide real-time harassment zone. and after disturbance
TABLE 3—PINNIPED BEHAVIORAL DISTURBANCE CODE REACTIONS
Type of Level response Definition
1 ...... Alert ...... Seal head orientation or brief movement in response to disturbance, which may include turning head towards the disturbance, craning head and neck while holding the body rigid in a u-shaped position, changing from a lying to a sitting position, or brief movement of less than twice the animal’s body length. 2 ...... Movement ...... Movements in response to the source of disturbance, ranging from short withdrawals at least twice the ani- mal’s body length to longer retreats over the beach, or if already moving a change of direction of greater than 90 degrees. 3 ...... Flush ...... All retreats (flushes) to the water.
Reporting issuance of any future IHAs for projects during-activity, and post-activity of at the same location, whichever comes construction, and shall also provide A draft marine mammal monitoring first. The report must include full descriptions of any behavioral responses report would be submitted to NMFS documentation of methods, results, and by marine mammals due to disturbance within 90 days after the completion of interpretation pertaining to all from construction activities and a pile driving and removal activities, or monitoring. It shall also include marine complete description of total take 60 days prior to a requested date of mammal observations pre-activity, estimate based on the number of marine
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mammals observed during the course of should change from those reached for Dated: June 2, 2021. construction. The report must include the initial IHA. Based on the Catherine Marzin, an extrapolation of the estimated takes information and analysis contained here Acting Director, Office of Protected Resources, by Level B harassment based on the and in the referenced documents, NMFS National Marine Fisheries Service. number of observed disturbances within has determined the following: (1) The [FR Doc. 2021–11915 Filed 6–7–21; 8:45 am] the Level B harassment zone and the required mitigation measures will effect BILLING CODE 3510–22–P percentage of time the Level B the least practicable impact on marine harassment zone was not monitored; mammal species or stocks and their i.e., 50 percent of time for the two habitat; (2) the authorized takes will DEPARTMENT OF COMMERCE restoration areas and 80 percent of the have a negligible impact on the affected time for the borrow and other areas. If marine mammal species or stocks; (3) National Oceanic and Atmospheric comments are received from the NMFS the authorized takes represent small Administration Office of Protected Resources on the numbers of marine mammals relative to [RTID 0648–XB146] draft report, a final report shall be the affected stock abundances; (4) submitted to NMFS within 30 days CDFW activities will not have an Takes of Marine Mammals Incidental to thereafter following resolution of unmitigable adverse impact on taking Specified Activities; Taking Marine comments on the draft report from for subsistence purposes as no relevant Mammals Incidental to Portsmouth NMFS. If no comments are received subsistence uses of marine mammals are Naval Shipyard Dry Dock 1 from NMFS, the draft report will be implicated by this action, and; (5) Modification and Expansion considered to be the final report. This appropriate monitoring and reporting report must contain the informational requirements are included. AGENCY: National Marine Fisheries elements described above. Service (NMFS), National Oceanic and Endangered Species Act Atmospheric Administration (NOAA), Comments and Responses Section 7(a)(2) of the Endangered Commerce. As noted previously, NMFS published Species Act of 1973 (ESA: 16. U.S.C. ACTION: Notice; issuance of incidental a notice of a proposed IHA (84 FR 1531 et seq.) requires that each Federal harassment authorization. 72308; December 31, 2019) and solicited agency insure that any action it public comments on both our proposal authorizes, funds, or carries out is not SUMMARY: In accordance with the to issue the initial IHA for CDFW’s likely to jeopardize the continued regulations implementing the Marine activity and on the potential for a existence of any endangered or Mammal Protection Act (MMPA) as Renewal IHA, should certain threatened species or result in the amended, notification is hereby given requirements be met. All public destruction or adverse modification of that NMFS has issued an IHA to the comments were addressed in the notice designated critical habitat. To ensure U.S. Navy (Navy) to incidentally harass, announcing the issuance of the initial ESA compliance for the issuance of by Level B and Level A harassment, IHA (85 FR 14640; March 13, 2020). IHAs, NMFS consults internally marine mammals incidental to Below, we describe how we have whenever we propose to authorize take Portsmouth Naval Shipyard (PNSY) Dry addressed, with updated information for endangered or threatened species. Dock 1 (DD1) modification and where appropriate, any comments expansion in Kittery, Maine. received that specifically pertain to the No incidental take of ESA-listed species is proposed for authorization or DATES: This authorization is effective Renewal of the 2020 IHA. from June 2, 2021 through June 1, 2022. Comment: The Commission reiterated expected to result from this activity in programmatic recommendations the Elkhorn Slough Reserve. Therefore, FOR FURTHER INFORMATION CONTACT: regarding NMFS’ potential use of the NMFS has determined that formal Carter Esch, Office of Protected renewal mechanism for 1 year IHAs; consultation under section 7 of the ESA Resources, NMFS, (301) 427–8421. that NMFS refrain from issuing is not required for this action. Electronic copies of the application and renewals for any authorization and supporting documents, as well as a list Proposed Renewal IHA and Request for of the references cited in this document, instead use its abbreviated Federal Public Comment Register notice process. may be obtained online at: https:// Response: In prior responses to As a result of these preliminary www.fisheries.noaa.gov/permit/ comments about IHA Renewals (e.g., 84 determinations, NMFS proposes to issue incidental-take-authorizations-under- FR 52464; October 02, 2019 and 85 FR a Renewal IHA to CDFW for conducting marine-mammal-protection-act. In case 53342, August 28, 2020), NMFS has Phase II of the Elkhorn Slough Tidal of problems accessing these documents, explained how the Renewal process, as Marsh Restoration Project in Elkhorn please call the contact listed above. implemented, is consistent with the Slough located in Monterey County, SUPPLEMENTARY INFORMATION: California, provided the previously statutory requirements contained in Background section 101(a)(5)(D) of the MMPA, described mitigation, monitoring, and provides additional efficiencies beyond reporting requirements are incorporated. The MMPA prohibits the ‘‘take’’ of the use of abbreviated notices, and, A draft of the proposed and final initial marine mammals, with certain further, promotes NMFS’ goals of IHA can be found at https:// exceptions. Sections 101(a)(5)(A) and improving conservation of marine www.fisheries.noaa.gov/permit/ (D) of the MMPA (16 U.S.C. 1361 et mammals and increasing efficiency in incidental-take-authorizations-under- seq.) direct the Secretary of Commerce the MMPA compliance process. marine-mammal-protection-act. We (as delegated to NMFS) to allow, upon Therefore, we intend to continue request comment on our analyses, the request, the incidental, but not implementing the Renewal process. proposed Renewal IHA, and any other intentional, taking of small numbers of aspect of this notice. Please include marine mammals by U.S. citizens who Preliminary Determinations with your comments any supporting engage in a specified activity (other than NMFS has preliminarily concluded data or literature citations to help commercial fishing) within a specified that there is no new information inform our final decision on the request geographical region if certain findings suggesting that our analysis or findings for MMPA authorization. are made and either regulations are
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issued or, if the taking is limited to species. Neither the Navy nor NMFS bedrock excavation. Construction harassment, a notice of a proposed expects serious injury or mortality to activities include in-water impact pile incidental take authorization may be result from this activity; therefore, an driving, vibratory pile driving and provided to the public for review. IHA is appropriate. removal, rock drilling, and underwater Authorization for incidental takings NMFS previously issued three IHAs blasting. Underwater sounds produced shall be granted if NMFS finds that the to the Navy for waterfront improvement by these activities may result in Level B taking will have a negligible impact on work, in 2016 (81 FR 85525; November harassment and Level A harassment of the species or stock(s) and will not have 28, 2016), 2018 (83 FR 3318; January 24, marine mammal species. an unmitigable adverse impact on the 2018), 2019 (84 FR 24476, May 28, In-water construction activities are availability of the species or stock(s) for 2019), and a renewal of the 2019 IHA expected to occur between June 2021 taking for subsistence uses (where (86 FR 14598; March 17, 2021). As and June 2022, with an estimated total relevant). Further, NMFS must prescribe required, the applicant provided of 29 days for pile driving and pile the permissible methods of taking and monitoring reports (available at: https:// removal, 130 days for drilling of blast other means of effecting the least www.fisheries.noaa.gov/national/ charge holes, and 130 days of blasting practicable adverse impact on the marine-mammal-protection/incidental- for bedrock excavation, for a total of 289 affected species or stocks and their take-authorizations-construction- construction days. Some of these habitat, paying particular attention to activities) which confirm that the activities will occur on the same day, rookeries, mating grounds, and areas of applicant has implemented the required resulting in 159 total construction days similar significance, and on the mitigation and monitoring, and which over 12 months. However, as a availability of such species or stocks for also shows that no impacts of a scale or conservative measure, construction days taking for certain subsistence uses nature not previously analyzed or are accounted for as consecutive rather (referred to here as ‘‘mitigation’’). authorized have occurred as a result of than concurrent activities in take Monitoring and reporting of such the activities conducted. This IHA estimates (see Estimated Take section). takings are also required. The meaning covers the second year of a larger five- All in-water construction work will be of key terms such as ‘‘take,’’ year project, for which the Navy also limited to daylight hours, with the ‘‘harassment,’’ and ‘‘negligible impact’’ intends to request take authorization for exception of pre-dawn (beginning no can be found in section 3 of the MMPA subsequent dock modification and earlier than 3:00 a.m.) drilling of blast (16 U.S.C. 1362 and the agency’s expansion at the PNSY. charge holes; drilling will not occur regulations at 50 CFR 216.103. Description of the Specified Activity from sunset to pre-dawn. The daily Summary of Request As part of its overall objective to construction timeframe for blasting will On October 22, 2020, NMFS received modernize and maximize dry dock begin no sooner than 30 minutes after a request from the Navy for an IHA to capabilities for performing current and sunrise to allow for initial marine take marine mammals incidental to future missions efficiently and with mammal monitoring to take place and modification and expansion of DD1 at maximum flexibility, the Navy plans to will end at least 60 minutes before PNSY in Kittery, Maine. The Navy modify and expand DD1 at the PNSY by sunset to allow for post-activity submitted revised versions of the constructing two new dry docking monitoring. application on December 30, 2020, and positions capable of servicing Virginia A summary of in-water pile driving January 19 and February 11, 2021. The class submarines within the super flood activity is provided in Table 1. In application was deemed adequate and basin of the dry dock. The in-water addition, a total of 1,580, 4.5-inch blast complete on February 19, 2021. The portion of the dock modification and charge holes will be drilled at a rate of Navy’s request is for take of a small expansion, which will occur within and 12 holes per day over 130 days. The number of harbor porpoises, harbor at the boundaries of the super flood Navy anticipates one to two blast events seals, gray seals, harp seals, and hooded basin, includes: Construction of the per day, with a maximum of 6 blast seals by Level B harassment and Level west closure wall, construction of events per week; a total of 150 blast A harassment for a subset of these entrance structure closure walls, and events will occur over 130 days.
TABLE 1—SUMMARY OF IN-WATER PILE DRIVING ACTIVITIES
Pile size Pile purpose Pile type (inch) Pile drive method Total piles Piles/day Work days
West closure wall template ...... Steel pipe ...... 30 Vibratory ...... 13 installed ...... 3 5 13 removed ...... 3 5 West closure wall construction ...... Flat-webbed steel 18 Vibratory ...... 160 ...... 12 13 sheet. Impact. Entrance structure temporary guide Steel pipe ...... 30 Vibratory ...... 12 ...... 8 2 dolphin removal. Entrance structure closure wall con- Steel sheet ...... 28 Vibratory ...... 44 ...... 12 4 struction. Impact.
Total ...... 242 ...... 29
Construction activities will occur at project area and super flood basin. A for the proposed IHA (86 FR 18244; the PNSY in Kittery, Maine. Please see detailed description of the planned April 8, 2021). Since that time, no Figures 1–1 to 1–6 in the Navy’s IHA modification and expansion of DD1 is changes have been made to the planned application for detailed maps of the provided in the Federal Register notice activities. Therefore, a detailed
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description is not provided here. Please pile (which reduced the harassment authorization applications until the refer to that Federal Register notice and zone sizes and take estimates for gray Commission’s perceived issues are the original proposed IHA documents and harbor seals). The Commission resolved. referenced therein for a detailed noted that the thresholds associated Response: NMFS appreciates the description of the specified activity. with slight lung injury and mortality Commission’s concern but will consider were incorrectly specified in the notice any future requests for incidental take Comments and Responses of the proposed IHA. However, the authorization from the Navy according A notice of NMFS’ proposal to issue distances to the isopleths for onset of to the requirements of the MMPA. an IHA to the Navy was published in and 50 percent probability of Changes From the Proposed IHA to the the Federal Register on April 8, 2021 gastrointestinal tract injury, and the Final IHA (86 FR 18244). That notice described, in resulting estimate of zero take for harbor detail, the Navy’s activity, the marine porpoises and phocids, provided The following corrections and mammal species that may be affected by accurate information regarding the additions have been incorporated into the activity, and the anticipated effects potential for this type of non-auditory this notice and/or the issued IHA: on marine mammals. During the 30-day injury. The distances to thresholds • Corrected the reference for the 28- public comment period, NMFS received associated with gastrointestinal injury inch Z-shaped sheet pile source level comments from the Marine Mammal (harbor porpoises, 26 meters (m); (NAVFAC 2020; Table 6); Commission (Commission). For full phocids, 26 m), slight lung injury • Revised source levels for impact details of the comments, please see the (harbor porpoises, 48 meters; phocids, pile driving of 18-inch flat-webbed sheet Commission’s letter, which is available 34 m) and mortality (harbor porpoises, piles, as well as all associated acoustic online at: https:// 21 m; phocids, 18 m) calculated for the analyses and take estimation; www.fisheries.noaa.gov/national/ City of Juneau’s Statter Harbor Project • Included a description of marine-mammal-protection/incidental- (see 84 FR 11066; March 25, 2019) are transmission loss modeling, as well as take-authorizations-construction- similar to each other in magnitude. The the coefficients used to estimate Level B activities#active-authorizations. A distances to slight lung injury and harassment zones for construction summary of the Commission’s mortality thresholds are not expected to activities; recommendations as well as NMFS’ be substantially different for blasting at • Included the input parameters used responses is below. PNSY than those calculated for Statter to estimate Level A harassment zones Comment 1: As a result of its belief Harbor, and would likely be within tens for pile driving and removal, and blast- that NMFS did not provide the public of meters from those estimated here for charge hole drilling (Table 8); • with an adequate basis for review of onset of and 50 percent probability of Corrected distance to the Level B NMFS’ proposed action, due to what it gastrointestinal tract injury. All of these harassment isopleth for removal of 30- asserts are errors in the notice of the zones would be smaller than the Level inch steel pipe piles to 13.6 kilometers proposed authorization, the A harassment zones for harbor (km) from 46 km (Table 8); • Commission recommends that NMFS porpoises and phocids, and would be Corrected typographical errors either deny the proposed incidental encompassed by the large shutdown specifying ensonified zones in Tables 8 harassment authorization or publish a zone for blasting at DD1. The mitigation and 9; • revised Federal Register notice and requirements for blasting events, Included ranges to peak SPL draft authorization with another 30-day including the use of stemmed charges, thresholds for PTS for blasting events as comment period. installation of a double bubble curtain a footnote of Table 9; • Response: NMFS does not agree with across openings to the super flood basin Refined identification of the the Commission and does not adopt the in which blasting will occur, and specific activities to which take is recommendation. Although the initial attributed (Table 11); implementation of shutdown • Federal Register notice and proposed procedures, are sufficiently protective to Corrected take estimate for harbor authorization contained certain errors minimize the potential for non-auditory porpoises (reduced from 6 to 4) to align and omissions, which have been injury such that the potential for non- with the IHA application, and adjusted addressed in this notice and auditory injury is considered take estimates for impact pile driving of authorization according to the discountable. No mortality is 18-inch flat-webbed sheet piles based on Commission’s recommendations, the revised source levels (Table 11); anticipated or authorized for these • description of the specified activity and activities. Per the Commission’s Added additional mitigation analysis of potential acoustic impacts on recommendations, additional mitigation requirements for blasting, including (1) marine mammals in the vicinity of the and monitoring requirements for requiring stemmed charges, (2) project area in the notice of the blasting have been incorporated into the restricting blasting to a time period at proposed authorization (86 FR 18422; issued authorization. least 30 minutes after sunrise and one April 8, 2021) provided sufficient The majority of the Commission’s hour before sunset, (3) requiring information upon which to determine comments pertained to errors or monitoring to occur for at least one hour whether or not the activities would have inconsistencies that have been after blasting activities cease, (4) a negligible impact on the species or addressed in this notice and the final requiring that the Navy notify NMFS stocks for which take is likely to occur, authorization. NMFS’ small numbers and the Greater Atlantic Regional and on which the public had an finding and negligible impact Stranding Coordinator or local stranding opportunity to comment. The determination were not affected by the network at least 24 hours prior to information utilized in take estimation changes from the proposed to the final commencing a blasting event and within (i.e., source levels, thresholds, densities, authorization; therefore, NMFS is not 24 hours after a blasting event ceases (if and number of construction days for republishing a notice of the proposed occurring on consecutive days, the Navy each specified activity) has largely been authorization. can provide notice of how long blasting retained from the proposed to the final Comment 2: The Commission is scheduled to last and when it has authorization, with the exception of recommends that NMFS return the IHA been completed), and (5) requiring that revised source levels for impact pile application to the Navy as incomplete the Navy immediately report any driving of an 18-inch flat-webbed sheet and refrain from processing future injured or dead marine mammal to the
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Greater Atlantic Regional Stranding Description of Marine Mammals in the be removed from a marine mammal Coordinator or local stranding network Area of Specified Activities stock while allowing that stock to reach and follow any instructions provided by Sections 3 and 4 of the application or maintain its optimum sustainable the Stranding Coordinator or stranding summarize available information population (as described in NMFS’ network; regarding status and trends, distribution SARs). While no mortality is anticipated or authorized here, PBR and annual • Clarified the number and potential and habitat preferences, and behavior serious injury and mortality from locations of Protected Species Observers and life history, of the potentially affected species. Additional information anthropogenic sources are included here (PSOs); as gross indicators of the status of the • regarding population trends and threats Clarified that pile driving/removal may be found in NMFS’ Stock species and other threats. must only occur during daylight hours; Assessment Reports (SARs; https:// Marine mammal abundance estimates • Clarified in this notice that 10, 18- www.fisheries.noaa.gov/national/ presented in this document represent inch flat-webbed piles will be marine-mammal-protection/marine- the total number of individuals that acoustically monitored during vibratory mammal-stock-assessments) and more make up a given stock or the total and impact pile driving, and 4, 30-inch general information about these species number estimated within a particular steel piles will be monitored during (e.g., physical and behavioral study or survey area. NMFS’ stock vibratory pile driving, as was included descriptions) may be found on NMFS’ abundance estimates for most species in the draft IHA; website: (https:// represent the total estimate of individuals within the geographic area, • www.fisheries.noaa.gov/find-species). Added hydroacoustic monitoring Table 2 lists the five marine mammal if known, that comprises that stock. For plan, which can be accessed at: https:// species, including one cetacean and four some species, this geographic area may www.fisheries.noaa.gov/national/ pinnipeds, with the potential to occur in extend beyond U.S. waters. All managed marine-mammal-protection/incidental- the area of the specified activity and for stocks in this region are assessed in take-authorizations-construction- which take is authorized for this action, NMFS’ U.S. Atlantic Marine Mammal activities#active-authorizations; and summarizes information related to SARs. All values presented in Table 2 • Corrected contact information and the population or stock, including are the most recent available at the time requirements for reporting a dead or regulatory status under the MMPA and of publication and are available in the injured marine mammal to provide ESA and potential biological removal final 2019 SARs (Hayes et al., 2020) and consistency between this notice and the (PBR), where known. For taxonomy, draft 2020 SARs, available online at: https://www.fisheries.noaa.gov/ IHA; NMFS follows Committee on Taxonomy (2020). PBR is defined by the MMPA as national/marine-mammal-protection/ • Clarified that the IHA condition 4(e) the maximum number of animals, not draft-marine-mammal-stock- applies to all activities; and including natural mortalities, that may assessment-reports). TABLE 2—MARINE MAMMALS WITH POTENTIAL PRESENCE WITHIN THE PROJECT AREA
ESA/ MMPA Stock abundance Common name Scientific name Stock status; (CV, N , most recent PBR Annual min M/SI 3 strategic abundance survey) 2 I (Y/N) 1 I I I Order Cetartiodactyla—Cetacea—Superfamily Odontoceti (toothed whales)
Family Phocoenidae (por- poises): Harbor porpoise ...... Phocoena phocoena ...... Gulf of Maine/Bay of Fundy -; N 95,543 (0.31; 74,034; 2016) ..... 851 217
Order Carnivora—Superfamily Pinnipedia
Family Phocidae (earless seals): Harbor seal ...... Phoca vitulina ...... Western North Atlantic ...... -; N 75,834 (0.15, 66,884; 2012) ..... 2,006 350 Gray seal ...... Halichoerus grypus ...... Western North Atlantic ...... -; N 27,131 4 (0.19; 23,158; 2016) ... 1,389 4,729 Harp seal ...... Pagophilus groenlandicus ... Western North Atlantic ...... -; N Unknown (NA, NA) ...... unk 232,422 Hooded seal ...... Cystophora cristata ...... Western North Atlantic ...... I -; N Unknown (NA, NA) ...... I unk I 1,680 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment- reports-region#reports. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. 3 These values, found in NMFS’ SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mor- tality due to commercial fisheries is presented in some cases. 4 NMFS stock abundance estimate applies to U.S. population only, actual stock abundance is approximately 451,431. The PBR value presented is in relation to the U.S. population, whereas the annual M/SI value is for the entire stock.
Detailed descriptions of the species proposed IHA (86 FR 18244; April 8, (www.fisheries.noaa.gov/find-species) likely to be affected by the Navy’s 2021). Since that time, NMFS is not for generalized species accounts. activities, including brief introductions aware of any substantive new Marine Mammal Hearing to the species and relevant stocks as information regarding these species or well as available information regarding stocks; therefore, detailed descriptions Hearing is the most important sensory population trends and threats, and are not provided here. Please refer to modality for marine mammals information regarding local occurrence that notice for descriptions. Please also underwater, and exposure to were provided in the notice of the refer to NMFS’ website anthropogenic sound can have
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deleterious effects. To appropriately based on directly measured or estimated Generalized hearing ranges were chosen assess the potential effects of exposure hearing ranges on the basis of available based on the approximately 65 decibel to sound, it is necessary to understand behavioral response data, audiograms (dB) threshold from the normalized the frequency ranges marine mammals derived using auditory evoked potential composite audiograms, with the are able to hear. Current data indicate techniques, anatomical modeling, and exception for lower limits for low- that not all marine mammal species other data. Note that no direct frequency cetaceans where the lower have equal hearing capabilities (e.g., measurements of hearing ability have bound was deemed to be biologically Richardson et al., 1995; Wartzok and been successfully completed for implausible and the lower bound from Ketten, 1999; Au and Hastings, 2008). mysticetes (i.e., low-frequency Southall et al. (2007) retained. Marine To reflect this, Southall et al. (2007) cetaceans). Subsequently, NMFS (2018) mammal hearing groups and their recommended that marine mammals be described generalized hearing ranges for associated hearing ranges are provided divided into functional hearing groups these marine mammal hearing groups. in Table 3.
TABLE 3—MARINE MAMMAL HEARING GROUPS [NMFS, 2018]
Generalized hearing Hearing group range *
Low-frequency (LF) cetaceans (baleen whales) ...... 7 Hz to 35 kHz. Mid-frequency (MF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales) ...... 150 Hz to 160 kHz. High-frequency (HF) cetaceans (true porpoises, Kogia, river dolphins, cephalorhynchid, Lagenorhynchus cruciger & L. 275 Hz to 160 kHz. australis). Phocid pinnipeds (PW) (underwater) (true seals) ...... 50 Hz to 86 kHz. Otariid pinnipeds (OW) (underwater) (sea lions and fur seals) ...... 60 Hz to 39 kHz. * Represents the generalized hearing range for the entire group as a composite (i.e., all species within the group), where individual species’ hearing ranges are typically not as broad. Generalized hearing range chosen based on ∼65 dB threshold from normalized composite audiogram, with the exception for lower limits for LF cetaceans (Southall et al. 2007) and PW pinniped (approximation).
The pinniped functional hearing as haulout sites, but may have potential driving (vibratory and impact), drilling, group was modified from Southall et al. short-term impacts to food sources such and blasting has the potential to result (2007) on the basis of data indicating as forage fish and impacts to the in disruption of behavioral patterns for that phocid species have consistently substrate during installation and individual marine mammals. The use of demonstrated an extended frequency removal of piles and as a result of the explosive source (i.e., blasting) for a range of hearing compared to otariids, bedrock removal. The Federal Register very short period each day has the especially in the higher frequency range notice of the proposed IHA (86 FR potential to result in Temporary (Hemila¨ et al., 2006; Kastelein et al., 18244; April 8, 2021) included a Threshold Shift (TTS), which is another 2009; Reichmuth and Holt, 2013). discussion of the potential effects to form of Level B harassment. There is For more detail concerning these marine mammals and their associated also some potential for auditory injury groups and associated frequency ranges, habitat, therefore, that information is (Level A harassment) to result from please see NMFS (2018) for a review of not repeated here; please refer to the impact pile driving and blasting in the available information. As mentioned notice of proposed IHA for more details. form of Permanent Threshold Shift previously, five marine mammal species Estimated Take (PTS). The required mitigation and (one cetacean and four pinniped (all monitoring measures (see Mitigation This section provides an estimate of phocid) species) have the reasonable Requirements and Monitoring and the number of incidental takes potential to co-occur with the Reporting Requirements sections) are authorized by the IHA, which informed construction activities. Please refer to expected to minimize the severity of both NMFS’ consideration of ‘‘small Table 2. The only cetacean species that such taking to the extent practicable. may be present, the harbor porpoise, is numbers’’ and the negligible impact classified as a high-frequency cetacean. determination. The primary relevant mitigation Harassment is the only type of take measure to minimize Level A Potential Effects of Specified Activities expected to result from these activities. harassment is delaying these activities, on Marine Mammals and Their Habitat Except with respect to certain activities to the extent practicable, when any The effects of underwater noise from not pertinent here, section 3(18) of the marine mammal is observed in the Level impact pile driving, vibratory pile MMPA defines ‘‘harassment’’ as any act A harassment zones for PTS. While this driving and removal, drilling, and of pursuit, torment, or annoyance, requirement is expected to minimize blasting activities for the Navy’s which (i) has the potential to injure a take by Level A harassment, NMFS is modification and expansion of DD1 marine mammal or marine mammal authorizing takes by Level A harassment have the potential to result in Level B stock in the wild (Level A harassment); (in the form of PTS) to account for the harassment (behavioral disturbance, or (ii) has the potential to disturb a possibility that marine mammals escape TTS) for marine mammal species marine mammal or marine mammal observation in the PTS zone and authorized for take. Level A harassment stock in the wild by causing disruption because the shutdown zones (see (injury) in the form of PTS may also of behavioral patterns, including, but Mitigation Requirements section) are, in occur in limited numbers of animals. No not limited to, migration, breathing, most cases, smaller than the Level A other forms of Level A harassment nursing, breeding, feeding, or sheltering harassment zones. The distances to would occur, nor would serious injury (Level B harassment). thresholds associated with the onset of or mortality. The project would not Authorized takes would be primarily and 50 percent probability of injury to result in permanent impacts to habitats by Level B behavioral harassment, as the gastrointestinal tract for harbor used directly by marine mammals, such noise generated from in-water pile porpoises (5 meters (m)) and phocids (9
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m) are small enough that the mitigation activities. NMFS notes that while these threshold based on received level to and monitoring measures are expected basic factors can contribute to a basic estimate the onset of behavioral to avoid the potential for such taking. calculation to provide an initial harassment. NMFS predicts that marine As mentioned previously, distances to prediction of takes, additional mammals are likely to be behaviorally thresholds for slight lung injury and information that can qualitatively harassed in a manner NMFS considers mortality are not modeled here, but are inform take estimates is also sometimes Level B behavioral harassment when expected to have a similar small available (e.g., previous monitoring exposed to underwater anthropogenic magnitude and range of values (tens of results or average group size). Below, noise above received levels of 120 dB re meters) as those reported for the Statter NMFS describes the factors considered 1 mPa (rms) for continuous (e.g., Harbor project (84 FR 11066; March 25, here in more detail and presents the vibratory pile-driving, drilling) and 2019). In conjunction with small zone authorized take. above 160 dB re 1 mPa (rms) for sizes for onset of and 50 percent Acoustic Thresholds impulsive and/or intermittent (e.g., probability of gastrointestinal tract impact pile driving) sources. injury and NMFS’ expectation that zone NMFS recommends the use of The Navy’s Portsmouth Naval sizes for slight lung injury will be small, acoustic thresholds that identify the Shipyard modification and expansion blasting will occur in a confined area received level of underwater sound project includes the use of continuous, that allows for effective observation above which exposed marine mammals or non-impulsive, (i.e., vibratory pile with only one entrance to the basin that would be reasonably expected to be driving and drilling) and impulsive (i.e., behaviorally harassed or experience will be blocked by a bubble curtain impact pile driving) sources; therefore, TTS (equated to Level B harassment), or during blasting events, within a large the 120 and 160 dB re 1 mPa (rms) to incur PTS of some degree (equated to shutdown zone equivalent to the Level thresholds are appropriate. Level A harassment). Thresholds have A harassment zone for harbor porpoises, Level A harassment for non-explosive all of which make it unlikely that these also been developed to identify the pressure levels above which animals sources—NMFS’ Technical Guidance types of non-auditory injuries will for Assessing the Effects of occur. Therefore, the potential for non- may incur different types of tissue damage from exposure to pressure Anthropogenic Sound on Marine auditory physical injury is considered Mammal Hearing (Version 2.0) (NMFS, discountable, and any takes by Level A waves from explosive detonations. Level B Harassment for non-explosive 2018) identifies dual criteria to assess harassment are expected to occur due to sources—Though significantly driven by auditory injury (Level A harassment) to PTS. received level, the onset of behavioral five different marine mammal groups As described previously, no mortality disturbance from anthropogenic noise (based on hearing sensitivity) as a result is anticipated or authorized for these exposure is also informed to varying of exposure to noise from two different activities. The method by which take is degrees by other factors related to the types of sources (impulsive or non- estimated is described below. source (e.g., frequency, predictability, impulsive). As noted above, the Navy’s Generally speaking, NMFS estimates duty cycle), the environment (e.g., planned activity includes the use of take by considering: (1) Acoustic bathymetry), and the receiving animals impulsive and non-impulsive sources. thresholds above which NMFS believes (hearing, motivation, experience, These thresholds are provided in marine mammals will be behaviorally demography, behavioral context) and Table 4. The references, analysis, and harassed or incur some degree of can be difficult to predict (Southall et methodology used in the development permanent hearing impairment; (2) the al., 2007, Ellison et al., 2012). Based on of the thresholds are described in area or volume of water that will be what the available science indicates and NMFS’ 2018 Technical Guidance, which ensonified above these levels in a day; the practical need to use a threshold may be accessed at: https:// (3) the density or occurrence of marine based on a factor that is both predictable www.fisheries.noaa.gov/national/ mammals within these ensonified areas; and measurable for most activities, marine-mammal-protection/marine- and, (4) and the number of days of NMFS uses a generalized acoustic mammal-acoustic-technical-guidance.
TABLE 4—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT
PTS onset acoustic thresholds * Hearing group (received level) Impulsive Non-impulsive
High-Frequency (HF) Cetaceans ...... Cell 5: Lpk,flat: 202 dB; LE,HF,24h: 155 dB ...... Cell 6: LE,HF,24h: 173 dB. Phocid Pinnipeds (PW) (Underwater) ...... Cell 7: Lpk,flat: 218 dB; LE,PW,24h: 185 dB ...... Cell 8: LE,PW,24h: 201 dB. * Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impul- sive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should also be considered. 2 Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa s. In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (HF cetaceans and PW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the con- ditions under which these acoustic thresholds will be exceeded.
Explosive sources—Based on the best indicated in Table 5 to predict the onset instantaneous nature of blasting, there is available science, NMFS uses the of behavioral harassment, PTS, and non- no established Level B behavioral acoustic and pressure thresholds auditory impacts. Because of the harassment threshold associated with
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the activity. A single detonation is not the notice of the proposed IHA. This shutdown zone fully encompasses likely to disrupt behavioral patterns However, the distances to isopleths the Level A harassment zone for beyond a brief startle response, associated with the onset of and 50 phocids (0.01978 km2), and onset of therefore, the 160 dB re 1 mPa (rms) percent probability of gastrointestinal (0.000254 km2) and 50 percent threshold for behavioral harassment injury were correctly modeled, resulting probability of (0.0008 km2) from impulsive acoustic sources is not in very small zone sizes, and the zone gastrointestinal injury zone, Further, the applicable. However, TTS, which (as sizes for slight lung injury and mortality Navy will not begin blasting activities mentioned previously) is a form of Level (although not presented here) are until one sheet pile face of the west B harassment take, may occur. The expected to be commensurate with closure wall is installed, thus providing behavioral threshold used in analyses those modeled for the City of Juneau’s an additional barrier to sound for multiple explosive events is Statter Harbor project (84 FR 11066; propagating into the environment determined relative to (5 dB less than) March 25, 2019), given that both the TTS onset threshold (DoN 2017). projects (1) analyze acoustic impacts of beyond the super flood basin (reducing The threshold associated with the onset confined blasting in drill shafts in the maximum ensonified zone from 2 2 of effect for non-auditory injury to the underwater bedrock within a harbor/ 0.418 km to 0.335 km ). In addition, gastrointestinal tract (237 dB re 1 mPa basin, (2) utilize the same sound the Navy will install a double bubble (peak)) is used to determine the exposure level for blasting events, and curtain at the entrance to the super distances at which there is a one percent (3) estimate transmission loss by flood basin during blasting and drilling likelihood of injury occurring, combining spherical spreading with activities within the basin, the informing mitigation measures rather frequency-specific absorption loss to the attenuation from which (although not than take estimates (DoN 2017). Take environment. The size of the shutdown incorporated into the acoustic analyses estimates are based on the 243 dB re 1 zone for blasting, relative to these small presented here) will further reduce the mPa (peak) threshold, the criterion used zones, is sufficiently large to discount impact of sound produced during these to predict the distances at which there the potential for this type of injury. The activities. The references, analysis, and is a 50 percent probability of shutdown zone for blasting equates to methodology used in the development gastrointestinal injury resulting from the Level A harassment zone for harbor of the thresholds are described in NMFS underwater explosions (DoN 2017). porpoises, which is a 0.335 square 2018 Technical Guidance, which may During the public comment period, the kilometers (km2) arc-shaped area that be accessed at: http:// Marine Mammal Commission noted that encompasses the super flood basin and www.nmfs.noaa.gov/pr/acoustics/ the thresholds for slight lung injury and extends into the Piscataqua River (show guidelines.htm. mortality were incorrectly specified in in Figure 6–5 of the IHA application).
TABLE 5—EXPLOSIVE ACOUSTIC AND PRESSURE THRESHOLDS FOR MARINE MAMMALS
Level B harassment Level A harassment Non-auditory Group Behavioral Gastro-intestinal Gastro-intestinal (multiple TTS PTS tract tract detonations) (onset of effect) (injury)
High-Frequency (HF) 135 dB SEL ... 140 dB SEL or 196 dB SPLpk 155 dB SEL or 202 dB SPLpk 237 dB SPLpk ... 243 dB SPLpk Cetaceans. Phocid Pinnipeds (PW) 165 dB SEL ... 170 dB SEL or 212 dB SPLpk 185 dB SEL or 218 dB SPLpk. (Underwater).
Ensonified Area larger associated ensonified zone) than installation of a 24-inch Z-shaped sheet The operational and environmental for non-overlapping sources. When pile are used. In the notice of the parameters of the activity that fed into drilling and vibratory pile driving co- proposed IHA, the proxy source levels identifying the area ensonified above occur, the larger of the two shutdown were incorrectly specified. As a result of the acoustic thresholds, which include zones will trigger mitigation measures. NMFS’ review of public comment, the source levels and transmission loss, are Source levels of pile driving activities approach to estimating the source levels described below. are based on reviews of measurements for this pile type was modified by taking of the same or similar types and the mean of the maximum values for Source Levels dimensions of piles available in the each type of sound level in Table 1.6– The project includes impact pile literature. Source levels for impact pile 5 of CALTRANS (2015), resulting in the driving, vibratory pile driving and pile driving of a 30-inch steel pipe pile are decreased source levels shown in Table removal, drilling, and blasting. Of these, used as a proxy for impact driving of 28- 6. only drilling and vibratory pile driving inch Z-shaped steel sheet piles will occur concurrently. When two (NAVFAC, 2020). Similarly, source The source levels in Table 6 are continuous noise sources have levels for impact pile driving of an 18- assumed for pile driving and drilling overlapping sound fields, there is a inch flat-webbed sheet pile were underwater noise produced by potential for higher sound levels (and a unavailable, so proxy values for construction activities.
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TABLE 6—SUMMARY OF IN-WATER PILE DRIVING SOURCE LEVELS [at 10 m from source]
, dB SPL , dB SEL, dB Pile type Installation/extraction method Pile diameter SPLpk rms (inch) re 1 μPa re 1 μPa re 1 μPa2-s
Z-shaped steel sheet 13 ...... Vibratory 2 ...... 28 NA 167 167 Impact 3 ...... 28 211 196 181 Flat-webbed steel sheet 14 ...... Vibratory ...... 18 NA 163 163 Impact ...... 18 201 183 172 Steel pipe 2 ...... Vibratory ...... 30 NA 167 167 Blast holes 5 ...... Drilling ...... 4.5 NA 166.2 166.2 Key: dB = decibels; NA = Not applicable; dB re 1 μPa = dB referenced to a pressure of 1 micropascal, measures underwater SPL. dB re 1 μPa2-s = dB referenced to a pressure of 1 micropascal squared per second, measures underwater SEL. 1 = A proxy value for 28-inch sheet piles could not be found for impact and vibratory driving so the proxy for a 30-inch steel pipe pile has been used (NAVFAC SW 2020). A proxy value for 18-inch flat-webbed sheet piles could not be found for impact and vibratory driving so the proxy for a 24-inch Z-shaped sheet pile has been used (CALTRANS 2015). Sources: DoN 2015 2; NAVFAC SW 2020 3 CALTRANS 2015 4; Denes et al., 2016.5
The proxy source level for drilling of and 1.5 m by 1.8 m for the rows closest bathymetry and presence or absence of blast-charge holes is derived from Denes to Berth 11. Due to time and spatial reflective or absorptive conditions et al. (2016), which reports sound separation of each single charge by a including in-water structures and pressure levels measured during rock distance of 2.4 m, the accumulation of sediments. Spherical spreading occurs socket drilling at Kodiak Ferry Terminal acoustic energy is added sequentially, in a perfectly unobstructed (free-field) in Alaska. The size of the blast-charge assuming the transmission loss follows environment not limited by depth or holes considered here (4.5-inch) is cylindrical spreading within the matrix water surface, resulting in a 6 dB much smaller than the size of the drilled of charges. Using this approach for reduction in sound level for each holes (24-inch) in Denes et al. (2016), multiple confined charges, the modeled doubling of distance from the source making the use of 166.2 dB re 1mPa source SEL for 30, 120 lb charges at 1 (20*log[range]). Cylindrical spreading conservative. m is estimated to be 227 dB re 1mPa2- occurs in an environment in which There are no data on sound source s. Please see the Navy’s IHA application sound propagation is bounded by the levels from explosives used under for more details regarding these water surface and sea bottom, resulting circumstances identical to the blasting calculations. in a reduction of 3 dB in sound level for activity described here (e.g., charge each doubling of distance from the composition and weight, bathymetry, TABLE 7—BLASTING SOURCE LEVELS source (10*log[range]). A practical substrate composition, and the spreading value of 15 is often used dimensions of holes for stemmed charge SPLpk, SEL under conditions, such as at the placement). Therefore, the Navy made Explosive charge (dB re 1 (dB re 1 Shipyard dock, where water increases μPa) μPa2-s) approximations by reference to with depth as the receiver moves away mathematical models that have been 30 x 120 lb charge 257 227 from the shoreline, resulting in an empirically validated, under roughly expected propagation environment that comparable circumstances, to estimate These source levels for pile driving, would lie between spherical and source levels both in terms of absolute drilling, and blasting are used to cylindrical spreading loss conditions. peak sound pressure level (SPL in units estimate the Level B harassment zones The Level B harassment distances for of dB re 1mPa) and sound exposure level construction activities are calculated 2 and calculate the Level A harassment (SEL in units of dB re 1mPa -s) (Table 7). zones. using practical spreading (impact and The peak source level calculation of a vibratory pile driving, drilling) and confined blast follows Cole’s (1948) Level B Harassment Zones spherical spreading with absorption equation and a regression curve from Transmission loss (TL) is the decrease (blasting), which includes an additional the Miami Harbor Deepening Project in acoustic intensity as an acoustic term in the equation that accounts for (Hempen et al. 2007), using a distance pressure wave propagates out from a frequency-specific transmission loss to of 2.4 m and a weight of 120 pounds source. TL parameters vary with the environment due to absorption, (lbs) for a single charge. Based on this frequency, temperature, sea conditions, using the source levels provided in approach, the peak source level for the current, source and receiver depth, Tables 6 and 7, respectively. project is estimated to be 257 dB re 1 water depth, water chemistry, and Ensonified areas (A) are calculated mPa for a 120 lb charge. Following Urick bottom composition and topography. using the following equation. (1983), the Navy estimated the SEL for The general formula for underwater TL (2) A = pR2 30, 120 lb charges at 1 m by first is: calculating the instantaneous pressure Where, (1) TL = B * log10(R1/R2) following the onset of a shock wave, as R is the harassment distance. a relationship between peak pressure Where, However, the maximum distance from and time. Blasting operations will R1 = the distance of the modeled SPL from the source is capped due to landmass involve detonating 120 lb up to 30 times the driven pile, and interception in the surrounding area. in rapid succession, with a split second R2 = the distance from the driven pile of the For this reason, the maximum area that delay between each detonation. Without initial measurement. could be ensonified by noise from pile specific information regarding the The degree to which underwater driving and drilling is an estimated layout of the charges, the modeling sound propagates away from a sound 0.418 km2. Therefore, all harassment assumes a grid of 2.4 m by 2.4 m charges source is dependent on a variety of zones that are larger than 0.418 km2 are for the majority of the super flood basin, factors, most notably the water corrected to this maximum value. The
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maximum ensonified area for blasting is incur PTS. Inputs used in the User basin; the resulting distances to Level B smaller (0.335 km2) because, prior to the Spreadsheet (i.e., pile driving duration harassment and Level A harassment removal of bedrock, a portion of the or number of strikes per pile, and the isopleths are, therefore, a conservative west closure wall will be installed, number of piles installed or removed estimate of the maximum extent of providing an additional boundary per day) used to calculate distances to potential acoustic impact outside of the between noise produced within the the Level A harassment isopleths for basin. The distance to the Level A super flood basin and the surrounding pile driving and drilling are shown in harassment isopleth for blasting for environment. Table 8. harbor porpoises (1,007 m) is larger than For blasting, the calculated distances that for phocids (110 m), but the density Level A Harassment Zones to Level A harassment thresholds are of harbor porpoises near the When the original NMFS Technical based on a single blast event per day. construction area is very low (see Guidance (2016) was published, in The Navy plans to conduct 150 blast Marine Mammal Occurrence section). recognition of the fact that the events over 130 days, so on the majority Harbor seals and gray seals are more ensonified area/volume could be more of construction days (110) only one blast common, but the distance to the Level technically challenging to predict event will occur. NMFS recognizes that A harassment isopleth for phocids is because of the duration component in if two blasts do occur on a single day, fully encompassed by the shutdown the new thresholds, NMFS developed a the cumulative SEL for the 24-hour zone. User Spreadsheet that includes tools to timeframe over which blasting occurs The Level A harassment zones are help predict a simple isopleth that can would be higher than that analyzed calculated using the same Equation (2). be used in conjunction with marine here. However, the distances to the For all pile driving/drilling activities, mammal density or occurrence to help Level A harassment thresholds in Table ensonified areas are based on distances predict takes. NMFS notes that because 9 do not reflect the attenuating to the cumulative SEL Level A of some of the assumptions included in influence of the double bubble curtain harassment thresholds using the NMFS the methods used for these tools, NMFS that will be in place across any openings acoustic guidance (NMFS 2018) because anticipates that isopleths produced are between the super flood basin and the they were larger than the values typically going to be overestimates of surrounding environment during calculated against the SPLpeak criteria. some degree, which may result in some blasting events. If multiple blast events Following the approach used for degree of overestimate of Level A occur within a 24-hour period, they will estimating Level B harassment zones, if harassment take. However, these tools be separated by 4 to 5 hours. It is likely the calculated value is larger than the offer the best way to predict appropriate that if marine mammals are present in maximum potential ensonified zone, isopleths when more sophisticated 3D the vicinity of the construction area Level A harassment zones are corrected modeling methods are not available, and (outside of the shutdown zone) during to 0.418 km2 for pile driving activity NMFS continues to develop ways to the first blast event they will avoid the and 0.335 km2 for blasting activity. quantitatively refine these tools, and area for at least the remainder of day. The calculated distances to Level A will qualitatively address the output Blasting will occur at multiple harassment and non-auditory injury (to where appropriate. For stationary locations within the super flood basin. the gastrointestinal tract) isopleths, sources such as in-water vibratory and The minimum and maximum distances estimated distances to Level B impact pile driving, NMFS User from the blasting locations to the center harassment isopleths, and associated Spreadsheet predicts the closest of the entrance to the super flood basin ensonified areas for the marine mammal distance at which, if a marine mammal are 37.5 and 160 m, respectively. species likely to be affected by the remained at that distance the entire Acoustic modeling is based on the construction activities are provided in duration of the activity, it would not location closest to the entrance to the Tables 8 and 9. TABLE 8—DISTANCES AND AREAS OF HARASSMENT ZONES FOR PILE DRIVING AND DRILLING
Level A harassment Level B harassment Number of strikes/pile Number HF cetacean Phocid Activity Pile size, type, and rate or duration of days Dist. Area Dist. Area Dist. Area (m) (km2) (m) (km2) (m) (km2)
Impulsive
Construct west closure 18-inch flat-webbed 300 ...... 13 516 0.258 232 0.068 341 0.126 wall. sheet pile (12 pile/ day). Entrance structure clo- 28-inch Z-shaped sheet 300 ...... 4 2,056 0.418 923 0.395 2,512 0.418 sure walls. pile (12 pile/day). I I I I I I I Non-impulsive
Construct west closure 18-inch flat-webbed 5 min/pile 60 min/day ... 13 13.7 0.000556 5.6 0.00098 7,356 0.418 wall. sheet pile (12 pile/ day). Install west closure wall 30-inch steel pipe pile 5 min/pile 15 min/day ... 5 10.1 0.000319 4.1 0.000053 13,594 0.418 template. (3 pile/day). Remove west closure 30-inch steel pipe pile 5 min/pile 15 min/day ... 5 10.1 0.000319 4.1 0.000053 13,594 0.418 wall template. (3 pile/day). Remove temporary dol- 30-inch steel pipe pile 5 min/pile 40 min/day ... 2 19.4 0.01068 8.0 0.001996 13,594 0.418 phins. (8 pile/day). Entrance structure clo- 28-inch Z-shaped sheet 5 min/pile 60 min/day ... 4 25.4 0.00174675 10.4 0.000338 13,594 0.418 sure walls. pile (12 pile/day).
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TABLE 8—DISTANCES AND AREAS OF HARASSMENT ZONES FOR PILE DRIVING AND DRILLING—Continued
Level A harassment Level B harassment Number of strikes/pile Number HF cetacean Phocid Activity Pile size, type, and rate or duration of days Dist. Area Dist. Area Dist. Area (m) (km2) (m) (km2) (m) (km2)
Bedrock drilling for blast 4.5-inch (1,580 holes) .. 12 hr/day ...... 130 7 0.000153 4.3 0.000058 12,023 0.418 charges. * 0.418 km2 is the maximum ensonified area in the project area for pile driving and drilling due to landmass interception of sound propagation.
TABLE 9—DISTANCES AND AREAS OF HARASSMENT ZONES FOR BLASTING
Level A (PTS onset) harassment 1 Level B (behavioral) harassment Non-auditory injury (gastrointestinal tract) Phocid/harbor por- Phocid/harbor por- Blasting events Blasting days Harbor porpoise Phocids distance Harbor porpoise Phocids distance poise distance to poise distance to and charge distance to 155 to 185 dB SELcum distance to 135 to 165 dB SELcum 237 dB peak pres- 243 dB peak pres- dB SELcum thresh- threshold/area of dB SELcum thresh- threshold/area of sure threshold/ sure threshold/ old/area of ZOI ZOI old/area of ZOI ZOI area of ZOI area of ZOI (onset of effect) (injury)
5–30 blasts per 130 (1–2 events/ 1,007 m/0.335 110 m/0.01978 2,131 m/0.335 577 m/0.27636 9 m/0.000254 km2 5 m/0.00008 km2 event, 120-lb day). km2. km2. km2. km2. charge per blast event, 150 blast events. * 0.335 km2 is the maximum ensonified area for blasting in the project area due to landmass interception of sound propagation. 1 Distance to 202 dB SPLpeak threshold for harbor porpoises is 19 m, and to 218 dB SPLpeak threshold for phocids is 3 m.
Marine Mammal Occurrence and 2018 (CIANBRO 2018a, b). Density in which the sightings occurred in the Marine mammal density estimates for values were calculated from visual 2017 and 2018 activities (0.8401 km2). the harbor porpoise, harbor seal, and sightings of all marine mammals Details used for calculations are gray seal are based on marine mammal divided by the monitoring days (total of provided in Table 10 and described monitoring observations during 2017 154 days) and the total ensonified area below.
TABLE 10—MARINE MAMMAL SIGHTINGS AND RESULTING DENSITY IN THE VICINITY OF PORTSMOUTH NAVAL SHIPYARD
2017 sighting 2018 sighting Density Species (96 days) (58 days) Total sighting (animal/ day/km2)
Harbor porpoise ...... 3 2 5 0.04 Harbor seal ...... 199 122 321 2.48 Gray seal ...... 24 2 26 0.20
Hooded and harp seals are much rarer Take Calculation and Estimation seal Level B behavioral harassment takes have been adjusted upwards by than harbor and gray seals in the The approach by which the multiplying the average number of Piscataqua River, and no density information provided above is brought harbor seals sighted per day from May information for these two species is together to produce a quantitative take through December 2020 (721 sightings available. To date, marine mammal estimate is described here. monitoring for the Berth 11 Waterfront divided by 150 days of monitoring, or 5 For marine mammals with calculated harbor seals/day) by the number of Improvements Construction project has density information (i.e., harbor not recorded a sighting of a hooded or actual construction days (159), resulting porpoise, harbor seal, and gray seal), in in 795 Level B behavioral harassment harp seal in the project area (Cianbro general, estimated Level B harassment 2018ab; NAVFAC Mid-Atlantic 2018, takes. Gray seal Level B harassment and Level A harassment take numbers takes have been increased utilizing the 2019b; Navy 2019; Stantec 2020); are calculated using the following however, two harp seals were observed same approach (47 sightings divided by equation: 150 days of monitoring, or 0.31 gray outside of the timeframe of dedicated Estimated take = animal density × seals/day), resulting in 50 Level B marine mammal monitoring of Berth 11 ensonified area × operating days (3) behavioral harassment takes. pile-driving activities, one on May 12, However, in consideration of the NMFS authorized one Level B 2020 and one on May 14, 2020 (Stantec prevalence of seals in the project area harassment take per month for both 2020). The Navy requested and in accordance with the approach hooded seals and harp seals for the authorization of take for these two utilized in IHAs previously issued to the Berth 11 Waterfront Improvements species, given the potential for Navy for expansion and modification of construction project in both 2018 and occurrence, and NMFS is acting on that DD1, NMFS has determined that it is 2019. Following the same approach, the request. appropriate to increase the number of Navy has requested, and NMFS has harbor seal and gray seal Level B authorized, one Level B harassment take behavioral harassment takes. Harbor each of hooded seals and harp seals per
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month of construction from January Level B harassment takes for each take estimates were zero for all species through May, when these species may species). and are, therefore, not included in Table occur in the vicinity of DD1 (total of 5 The total number of takes authorized 11. is presented in Table 11. Non-auditory BILLING CODE 3510–22–P
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BILLING CODE 3510–22–C monitor the project area to the driving, vibratory pile driving and pile Mitigation Requirements maximum extent possible based on the removal, drilling, and blasting), Level B required number of PSOs, required harassment and Level A harassment In order to issue an IHA under monitoring locations, and zones must be established for purposes Section 101(a)(5)(D) of the MMPA, environmental conditions; of monitoring. Monitoring zones enable NMFS must set forth the permissible • Monitoring must take place from 30 observers to be aware of and methods of taking pursuant to such minutes prior to initiation of communicate the presence of marine activity, and other means of effecting construction activities through 30 mammals in the project area outside of the least practicable impact on such minutes post-completion of pile-driving the shutdown zone (see below) and thus species or stock and its habitat, paying and drilling, and 60 minutes post- prepare for a potential cease of activity particular attention to rookeries, mating completion of blasting events; should the animal enter the shutdown grounds, and areas of similar • The Navy must conduct a briefing zone. All Level B harassment significance, and on the availability of between construction supervisors and such species or stock for taking for monitoring zones for the construction crews and the marine mammal activities are equivalent to the certain subsistence uses. NMFS monitoring team prior to the start of regulations require applicants for maximum ensonified zone, adjusted for construction, and when new personnel landmass interception, or 0.418 km2. incidental take authorizations to include join the work, to explain information about the availability and Similarly, harassment monitoring zones responsibilities, communication must be established for the PTS feasibility (economic and technological) procedures, marine mammal monitoring of equipment, methods, and manner of isopleths associated with each protocol, and operational procedures; functional hearing group. conducting such activity or other means • For in-water and over-water heavy of effecting the least practicable adverse machinery work, if a marine mammal Shutdown Zones—The Navy will impact upon the affected species or comes within 10 m, operations shall implement shutdown zones for all pile stocks and their habitat (50 CFR cease and vessels shall reduce speed to driving and removal, drilling, and 216.104(a)(11)). the minimum level required to maintain blasting activities. The purpose of a In evaluating how mitigation may or steerage and safe working conditions; shutdown is to prevent some may not be appropriate to ensure the • With the exception of pre-dawn undesirable outcome, such as auditory least practicable adverse impact on drilling, work must only occur during injury or severe behavioral disturbance species or stocks and their habitat, as daylight hours, when visual monitoring of sensitive species, by halting the well as subsistence uses where of marine mammals can be conducted; activity. If a marine mammal is observed applicable, NMFS carefully considers • For those marine mammals for entering or within the respective two primary factors: which take has not been requested, pile shutdown zone (Table 12) after a (1) The manner in which, and the driving and removal, drilling, and construction activity has begun, the PSO degree to which, the successful blasting will shut down immediately will request a temporary cessation of the implementation of the measure(s) is when the animals are sighted construction activity. On days when expected to reduce impacts to marine approaching the Level B harassment multiple activities are occurring mammals, marine mammal species or zone; concurrently, the largest shutdown zone stocks, and their habitat. This considers • If take reaches the authorized limit between/among the activities will be the nature of the potential adverse for an authorized species, activity for implemented. The shutdown zone for impact being mitigated (likelihood, which take is authorized will be blasting will be the entire region of scope, range). It further considers the stopped as these species approach the influence (ROI), equivalent to the likelihood that the measure will be Level B harassment zone to avoid maximum ensonified zone adjusted for effective if implemented (probability of additional take; landmass interception (0.335 km2). If accomplishing the mitigating result if • Blasting will not begin until at least shutdown zones are obscured by fog or implemented as planned), the one sheet pile face of the west closure poor lighting conditions, pile-driving likelihood of effective implementation wall has been installed; and blasting will not be initiated until (probability implemented as planned); • Blasting must only occur in good the entire shutdown zones are visible. and visibility conditions between 30 Although drilling activities may occur (2) The practicability of the measures minutes after sunrise and one hour during pre-dawn hours in order to for applicant implementation, which before sunset; maintain the project schedule, the may consider such things as cost, • Stemming procedures must be used shutdown distance for drilling is small impact on operations, and, in the case for blasting events; and of a military readiness activity, • A double bubble curtain will be (10 m) and will likely be entirely visible personnel safety, practicality of installed across any openings at the for monitoring despite visibility implementation, and impact on the entrance of DD1 to mitigate underwater limitations during this timeframe. As effectiveness of the military readiness noise impacts outside of the super flood mentioned previously, drilling will not activity. basin during pre-dawn drilling of blast- occur between sunset and pre-dawn In addition to the measures described charge holes and blasting events. hours. later in this section, the Navy will The following measures will apply to Shutdown zones typically vary based employ the following standard the Navy’s mitigation requirements: on the activity type and marine mammal mitigation measures: Monitoring Harassment Zones— hearing group. A summary of the • The Navy must employ PSOs, Before the commencement of in-water shutdown zones is provided in Table establish monitoring locations, and construction activities (i.e., impact pile 12.
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TABLE 12—SHUTDOWN ZONES DISTANCES FOR CONSTRUCTION ACTIVITIES AND MARINE MAMMAL HEARING GROUPS
Shutdown distance (m) Pile type, size & driving method HF cetacean Phocid
Vibratory drive 30-inch steel pipe piles ...... 70 ...... 30 Vibratory extraction 30-inch steel pipe piles ...... 70 ...... 30. Impact drive 28-inch steel sheet piles ...... 110 ...... 50. Vibratory drive 28-inch steel sheet piles ...... 25 ...... 10. Impact drive 18-inch sheet piles ...... 110 ...... 50. Vibratory drive 18-inch sheet piles ...... 15 ...... 10. Drilling 4.5-inch blast charge holes ...... 10 ...... 10. Blasting 120 lb charge ...... Entire ROI 1 Entire ROI. 1 Region of influence (ROI) for blasting is the maximum ensonified area (0.335 km2).
Pre-start Clearance Monitoring—Prior cessation of impact pile driving for a context of exposure (e.g., age, calving or to the start of daily in-water period of 30 minutes or longer. feeding areas); construction activity, or whenever a Based on our evaluation of the • Individual marine mammal break in pile driving/removal or drilling required measures, NMFS has responses (behavioral or physiological) of 30 minutes or longer occurs, PSOs determined that the prescribed to acoustic stressors (acute, chronic, or will observe the shutdown zones for a mitigation measures provide the means cumulative), other stressors, or period of 30 minutes. The shutdown effecting the least practicable adverse cumulative impacts from multiple zone will be considered cleared when a impact on the affected species or stocks stressors; marine mammal has not been observed and their habitat, paying particular • How anticipated responses to within the zone for that 30-minute attention to rookeries, mating grounds, stressors impact either: (1) Long-term period. If a marine mammal is observed and areas of similar significance. fitness and survival of individual within the shutdown zone, no Monitoring and Reporting marine mammals; or (2) populations, construction activity, including soft- Requirements species, or stocks; start (see below), can proceed until the • Effects on marine mammal habitat animal has voluntarily left the zone or In order to issue an IHA for an (e.g., marine mammal prey species, has not been observed for 15 minutes. activity, Section 101(a)(5)(D) of the acoustic habitat, or other important When a marine mammal for which MMPA states that NMFS must set forth physical components of marine Level B harassment take is authorized is requirements pertaining to the mammal habitat); and present in the Level B harassment zone, monitoring and reporting of such taking. • Mitigation and monitoring activities may begin. If the entire Level The MMPA implementing regulations at effectiveness. 50 CFR 216.104 (a)(13) indicate that B harassment zone is not visible at the Monitoring Requirements start of construction, pile driving requests for authorizations must include activities can begin. If work ceases for the suggested means of accomplishing The Navy shall employ trained PSOs more than 30 minutes, the pre-activity the necessary monitoring and reporting to conduct marine mammal monitoring monitoring of the shutdown zones will that will result in increased knowledge for its PNSY modification and commence. of the species and of the level of taking expansion project. The purposes of or impacts on populations of marine marine mammal monitoring are to Soft Start—The use of a soft start mammals that are expected to be implement mitigation measures and procedure is believed to provide present in the action area. Effective learn more about impacts to marine additional protection to marine reporting is critical both to compliance mammals from the Navy’s construction mammals by warning marine mammals as well as ensuring that the most value activities. or providing them with a chance to is obtained from the required leave the area prior to the hammer monitoring. Protected Species Observer operating at full capacity, and typically Monitoring and reporting Qualifications involves a requirement to initiate sound requirements prescribed by NMFS NMFS-approved PSOs shall meet the from the hammer at reduced energy should contribute to improved following requirements: followed by a waiting period. The Navy understanding of one or more of the 1. Independent observers (i.e., not will provide an initial set of strikes from following: construction personnel) are required; the impact hammer at reduced energy, • Occurrence of marine mammal 2. At least one observer must have followed by a 30 second waiting period, species or stocks in the area in which prior experience working as an observer; and then two subsequent sets. NMFS take is anticipated (e.g., presence, 3. Other observers may substitute notes that it is difficult to specify the abundance, distribution, density); education (undergraduate degree in reduction in energy for any given • Nature, scope, or context of likely biological science or related field) or hammer because of variation across marine mammal exposure to potential training for experience; drivers and, for impact hammers, the stressors/impacts (individual or 4. Where a team of three or more actual number of strikes at reduced cumulative, acute or chronic), through observers are required, one observer energy will vary because operating the better understanding of: (1) Action or should be designated as lead observer or hammer at less than full power results environment (e.g., source monitoring coordinator. The lead in ‘‘bouncing’’ of the hammer as it characterization, propagation, ambient observer must have prior experience strikes the pile, resulting in multiple noise); (2) affected species (e.g., life working as an observer; and ‘‘strikes’’. Soft start will be implemented history, dive patterns); (3) co-occurrence 5. NMFS will require submission and at the start of each day’s impact pile of marine mammal species with the approval of observer curricula vitae driving and at any time following action; or (4) biological or behavioral (CVs).
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Marine Mammal Monitoring Protocols end of PSO shift and whenever construction work or the expiration of The Navy will monitor all Level B conditions change significantly); the IHA, whichever comes earlier. This harassment zones and Level A including Beaufort sea state and any report must detail the monitoring harassment zones before, during, and other relevant weather conditions, protocol, summarize the data recorded after construction activities. The Marine including cloud cover, fog, sun glare, during monitoring, and estimate the Mammal Monitoring Plan must include and estimated observable distance; number of marine mammals that may Æ For each marine mammal sighting: have been harassed. The draft the following procedures: • • At least two (2) PSOs shall be Name of PSO who sighted the hydroacoustic monitoring report must posted to monitor marine mammals animal(s) and PSO location and activity be submitted within the same timeframe during in-water pile driving and at time of sighting; and must contain the informational • Time of sighting; removal, drilling, and blasting. • elements described in the hydroacoustic Additional PSOs will be required in Species, numbers, and, if possible, monitoring plan for all acoustically sex and age class of marine mammals; conditions of low visibility (i.e., rain or • monitored events, including: A light fog), for activities producing the Description of any observable description of the hydrophones used, largest ensonified zones, and/or if marine mammal behavior patterns, hydrophone locations (both near- and marine mammal occurrence is higher including bearing and direction of travel far-field) and water depths, recording and distance from construction activity; than expected in the project area; device(s), distance from the acoustic • Location, distance, and bearing • PSOs must be stationed at the best source, and sediment type at the from pile driving, drilling, and blasting possible vantage point(s) in order to recording location; type and size of pile activities to marine mammals and properly see the entire shutdown being driven, method of pile-driving distance from the marine mammals to zone(s) and zones associated with during recording (hammer model and behavioral impact thresholds, which the observation point; • Animal’s closet point of approach energy), and total driving/removal or may include the following locations: drilling duration. For impact pile Berth 2, Berth 12, Isle of Shoals and estimated amount of time that the animals remained in the Level B driving, the Navy must also report: Steamship Company, Prescott Park, Number of strikes and strike rate, depth Four Tree Island, Peirce Island, and/or harassment and Level A harassment zones; and of substrate penetrated, pulse duration, a boat or barge within the project limits; and mean, median, and maximum • • Detailed information about PSOs must record all observations sound levels (db re 1 m Pa) (root mean of marine mammals, regardless of implementation of any mitigation (e.g., shutdowns or delays), a description of square sound pressure level (SPLrms); distance from the construction activity; cumulative sound exposure level • During all observation periods, specific actions that ensued, and (SELcum), peak sound pressure level PSOs will use high-magnification (25X), resulting changes in behavior of the (SPLpeak), and single-strike sound as well as standard handheld (7X) animal(s), if any. • Percentage of time that activities exposure level (SELs-s)). For vibratory binoculars, and the naked eye to search pile driving or removal and drilling, the continuously for marine mammals; (i.e., drilling) occur at night. • Navy must also report: Median, Monitoring distances will be Hydroacoustic Monitoring minimum and maximum sound levels measured with range finders. Distances (db re 1 m Pa) (SPLrms, SELcum), and to animals will be based on the best The Navy must conduct hydroacoustic monitoring of in-water the timeframe over which the sound is estimate of the PSO, relative to known averaged. For blast events, the Navy distances to objects in the vicinity of the construction activities, including the installation of (10) 28-inch Z-shaped must also report: Number of blast events PSO; per day, time between blast events if • Pile driving and removal, drilling, sheet piles and (10) 18-inch flat-webbed two are conducted within a 24-hour and blasting will only take place when sheet piles for both impact and vibratory period, total number of charges/delays, the shutdown zones are visible and can pile driving, (4) 30-inch steel piles for maximum net explosive weight (NEW) be adequately monitored. If conditions vibratory pile driving, (10) 120 lbs of a single charge and the total NEW of (e.g., fog) prevent the visual detection of blasting events, and (10) 4.5-inch blast- the event, timeframe between delays marine mammals, activities with the charge hole drilling events. Near-field and total timeframe of event, impulse in potential to result in Level A monitoring will occur at 10 m from the Pa-sec, SPL for each event and harassment shall not be initiated. If such pile driving hammers and drilling peak SEL values for the entire 24 hours conditions arise after the activity has location. During blasting, near-field data cum over which blasting occurs. For all begun, blasting and impact pile driving will be collected using a pressure activities, reported SPL values must or removal will be halted but drilling transducer to estimate sounds levels rms be based on a time window that consists and vibratory pile driving or removal based on received impulse. The far-field of 90 percent of the acoustic energy. will be allowed to continue; hydrophone will be placed as far from Information Collection: the acoustic source as is practicable, Power spectral density plots and one- PSOs shall collect the following although the distance will limited by third octave band spectra must be information during marine mammal DD1’s proximity to a navigable channel provided for all acoustically monitored monitoring: outside of the entrance to the super construction activities. If, for any Æ PSO locations during monitoring; flood basin. Monitoring will only be reason, the total number of events Æ Date and time that monitored conducted when concurrent activities included in the hydroacoustic activity begins and ends for each day are not occurring, limiting interference monitoring plan are not monitored conducted (monitoring period); in the recordings from other sources of within the overall construction Æ Construction activities occurring noise in the environment. timeframe, the Navy must report the during each daily observation period, actual number of events monitored. including how many and what type of Reporting Requirements NMFS will have an opportunity to piles driven, number of blast holes The Navy is required to submit a draft provide comments on the report and, if drilled, and number or blast events; monitoring report (including all PSO NMFS has comments, the Navy will Æ Environmental conditions during data sheets and/or raw sighting data) address the comments and submit a monitoring periods (at beginning and within 90 days after completion of the final report to NMFS within 30 days.
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The Navy is required to notify NMFS’ of any responses (e.g., intensity, its hearing sensitivity, which in most Office of Protected Resources (OPR) and duration), the context of any responses cases is not likely to affect its survival NMFS’ Greater Atlantic Regional (e.g., critical reproductive time or and recruitment. Hearing impairment Stranding Coordinator or local stranding location, migration), as well as effects that might occur for these individual network at least 24 hours prior to on habitat, and the likely effectiveness animals would be limited to the commencing blasting events as well as of the mitigation. NMFS also assesses dominant frequency of the noise within 24 hours after blasting events the number, intensity, and context of sources, (i.e., in the low-frequency cease. If blasting events occur on estimated takes by evaluating this region below 2 kHz). Nevertheless, as consecutive days, the Navy must information relative to population for all marine mammal species, it is communicate how long the blasting is status. Consistent with the 1989 anticipated that, in general, these scheduled to last as well as when it is preamble for NMFS’ implementing pinnipeds will avoid areas where sound completed. In addition, in the event that regulations (54 FR 40338; September 29, levels could cause hearing impairment. personnel involved in the construction 1989), the impacts from other past and Therefore, it is not likely that an animal activities discover an injured or dead ongoing anthropogenic activities are would stay in an area with intense noise marine mammal, the Navy must incorporated into this analysis via their that could cause severe levels of hearing immediately report the incident to impacts on the environmental baseline damage. NMFS OPR and the Stranding (e.g., as reflected in the regulatory status Under the majority of the Coordinator or local stranding network of the species, population size and circumstances, anticipated takes are and follow any instructions provided by growth rate where known, ongoing expected to be limited to short-term the Stranding Coordinator or stranding sources of human-caused mortality, or Level B behavioral harassment or TTS. network. If the death or injury was ambient noise levels). Marine mammals present in the vicinity clearly caused by the specific activity, Pile driving and removal, drilling, and of the action area and taken by Level B the Navy must immediately cease the blasting activities associated with the harassment would most likely show specified activities until NMFS OPR is project, as described previously, have overt brief disturbance (startle reaction) able to review the circumstances of the the potential to disturb or temporarily from blasting events and avoidance of incident and determine what, if any, displace marine mammals. The the area impacted by elevated noise additional measures are appropriate to specified activities may result in take, in levels during pile driving (and removal) ensure compliance with the terms of the the form of Level A harassment and drilling. Given the limited IHA. The Navy must not resume their (potential injury; from impact pile estimated number of predicted incidents activities until notified by NMFS OPR. driving or blasting) or Level B of Level B harassment and Level A The Navy shall provide NMFS OPR and harassment (potential behavioral harassment and the limited, short-term the Stranding Coordinator or local disturbance or TTS) from underwater nature of the responses by the stranding network with the species or sounds generated from pile driving individuals, the impacts of the description of the animal(s), the (impact and vibratory), drilling and estimated take cannot be reasonably condition of the animal(s) (including blasting. Potential takes could occur if expected to, and are not reasonably carcass condition, if the animal is dead), individual marine mammals are present likely to, rise to the level that they location, time of first discovery, in the ensonified zone when pile would adversely affect the species observed behaviors (if alive), and photo driving, drilling, or blasting activities considered here at the population level, or video (if available). are occurring. through effects on annual rates of In the event that the Navy finds an To avoid repetition, this introductory recruitment or survival. There are no injured or dead marine mammal that is discussion of NMFS’ analysis applies to known important habitats, such as not in the construction area, the Navy all of the species listed in Table 2, given rookeries or haulouts, in the vicinity of would report the same information as that the anticipated effects of the Navy’s the Navy’s PNSY DD1 modification and listed above to the Stranding PNSY modification and expansion expansion construction project. The Coordinator or local stranding network construction project activities on marine project also is not expected to have and NMFS OPR as soon as is mammals are expected to be relatively significant adverse effects on affected operationally feasible. similar in nature. There is no marine mammals’ habitat, including information about the nature or severity prey, as analyzed in detail in the Negligible Impact Analysis and of the impacts, or the size, status, or Determination Potential Effects of Specified Activities structure of any species or stock that on Marine Mammals and their Habitat NMFS has defined negligible impact would lead to a different analysis by section in the Federal Register notice as an impact resulting from the species for this activity, or else species- for the proposed IHA (86 FR 18244; specified activity that cannot be specific factors would be identified and April 8, 2021). reasonably expected to, and is not analyzed. In summary and as described above, reasonably likely to, adversely affect the Although some individual harbor the following factors primarily support species or stock through effects on porpoises and harbor and gray seals are our determination that the impacts annual rates of recruitment or survival estimated to experience Level A resulting from this activity are not (50 CFR 216.103). A negligible impact harassment in the form of PTS if they expected to adversely affect the species finding is based on the lack of likely remain within the impact pile driving or stock through effects on annual rates adverse effects on annual rates of Level A harassment zone for an entire of recruitment or survival: recruitment or survival (i.e., population- day, or are present within the Level A • No mortality is anticipated or level effects). An estimate of the number harassment zone during a blasting authorized; of takes alone is not enough information event, the degree of injury is expected • Some individual marine mammals on which to base an impact to be mild and is not likely to affect the might experience a mild level of PTS, determination. In addition to reproduction or survival of the but the degree of PTS is not expected to considering estimates of the number of individual animals. It is expected that, affect their survival; marine mammals that might be ‘‘taken’’ if hearing impairments occurs as a result • Most adverse effects to marine through harassment, NMFS considers of impact pile driving or blasting, the mammals are likely to be temporary other factors, such as the likely nature affected animal would lose a few dB in behavioral harassment or TTS; and
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• No biologically important area is National Environmental Policy Act proposed authorization and possible present in or near the construction area. To comply with the National renewal; correction. Based on the analysis contained Environmental Policy Act of 1969 SUMMARY: This document contains herein of the likely effects of the (NEPA; 42 U.S.C. 4321 et seq.) and specified activity on marine mammals corrections to the DATES section of the NOAA Administrative Order (NAO) notice of modified proposed incidental and their habitat, and taking into 216–6A, NMFS must review our consideration the implementation of the harassment authorization (IHA) for take proposed action (i.e., the issuance of an of marine mammals incidental to monitoring and mitigation measures, IHA) with respect to potential impacts NMFS finds that the total marine marine site characterization surveys in on the human environment. coastal waters of Massachusetts mammal take from the activity will have This action is consistent with published in the Federal Register on a negligible impact on all affected categories of activities identified in May 20, 2021. This action is necessary marine mammal species or stocks. Categorical Exclusion B4 (IHA with no to notify the public of the end date of anticipated serious injury or mortality) Small Numbers the public comment period, which was of the Companion Manual for NOAA inadvertently omitted from the notice. As noted above, only small numbers Administrative Order 216–6A, which do This document corrects that omission; of incidental take may be authorized not individually or cumulatively have all other information is unchanged. under section 101(a)(5)(A) and (D) of the the potential for significant impacts on MMPA for specified activities other the quality of the human environment ADDRESSES: Comments should be than military readiness activities. The and for which NMFS has not identified addressed to Jolie Harrison, Chief, MMPA does not define small numbers any extraordinary circumstances that Permits and Conservation Division, and so, in practice, NMFS compares the would preclude this categorical Office of Protected Resources, National number of individuals taken to the most exclusion. Accordingly, NMFS has Marine Fisheries Service. Written appropriate estimation of abundance of determined that the issuance of the IHA comments should be submitted via the relevant species or stock in our qualifies to be categorically excluded email to [email protected]. determination of whether an from further NEPA review. Instructions: NMFS is not responsible authorization is limited to small for comments sent by any other method, numbers of marine mammals. When the Authorization to any other address or individual, or predicted number of individuals to be As a result of these determinations, received after the end of the comment taken is less than one third of the NMFS has issued an IHA to the Navy for period. Comments, including all species or stock abundance, the take is the taking of marine mammals attachments, must not exceed a 25- considered to be of small numbers. incidental to modification and megabyte file size. All comments Additionally, other qualitative factors expansion of the Portsmouth Naval received are a part of the public record may be considered in the analysis, such Shipyard Dry Dock 1 in Kittery, Maine, and will generally be posted online at as the temporal or spatial scale of the effective for one year from the date of www.fisheries.noaa.gov/permit/ activities. issuance, provided the previously incidental-take-authorizations-under- NMFS authorizes incidental take of 5 mentioned mitigation, monitoring, and marine-mammal-protection-act without marine mammal stocks. The total reporting requirements are incorporated. change. All personal identifying amount of take authorized is three A copy of the final IHA can be found at information (e.g., name, address) percent or less for all five of these stocks https://www.fisheries.noaa.gov/permit/ voluntarily submitted by the commenter (Table 11). incidental-take-authorizations-under- may be publicly accessible. Do not Based on the analysis contained marine-mammal-protection-act. submit confidential business information or otherwise sensitive or herein of the activity (including the Dated: June 3, 2021. protected information. prescribed mitigation and monitoring Catherine Marzin, FOR FURTHER INFORMATION CONTACT: measures) and the anticipated take of Acting Director, Office of Protected Resources, marine mammals, NMFS finds that National Marine Fisheries Service. Robert Pauline, Office of Protected Resources, NMFS, (301) 427–8401. small numbers of marine mammals will [FR Doc. 2021–11983 Filed 6–7–21; 8:45 am] be taken relative to the population size SUPPLEMENTARY INFORMATION: BILLING CODE 3510–22–P of the affected species or stocks. Background Unmitigable Adverse Impact Analysis NMFS published a notice of a and Determination DEPARTMENT OF COMMERCE modified proposed IHA in the Federal There are no relevant subsistence uses National Oceanic and Atmospheric Register on May 20, 2021 (86 FR 27393), of the affected marine mammal stocks or Administration based on a request from Mayflower species implicated by this action. Wind Energy LLC (Mayflower) for [RTID 0648–XB131] Therefore, NMFS has determined that authorization to take marine mammals the total taking of affected species or Takes of Marine Mammals Incidental to incidental to site characterization stocks would not have an unmitigable Specified Activities; Taking Marine surveys off the coast of Massachusetts in adverse impact on the availability of Mammals Incidental to Site the area of the Commercial Lease of such species or stocks for taking for Characterization Surveys Off the Coast Submerged Lands for Renewable Energy subsistence purposes. of Massachusetts; Correction Development on the Outer Continental Shelf (OCS–A 0521) and along potential Endangered Species Act (ESA) AGENCY: National Marine Fisheries submarine cable routes to landfall No incidental take of ESA-listed Service (NMFS), National Oceanic and locations at Falmouth, Massachusetts species is authorized or expected to Atmospheric Administration (NOAA), and near Narragansett Bay. The result from this activity. Therefore, Commerce. information in the notice of modified NMFS has determined that formal ACTION: Notice; modified proposal of an proposed IHA is not repeated here. As consultation under section 7 of the ESA incidental harassment authorization; published, the notice of modified is not required for this action. request for comments on modified proposed IHA (86 FR 27393; May 20,
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2021) omitted the DATES section NMFS requested comments on both the activity (other than commercial fishing) including the closing date of the proposed IHA and the potential for within a specified geographical region if comment period. renewing the initial authorization if certain findings are made and either certain requirements were satisfied. The regulations are proposed or, if the taking Correction Renewal requirements have been is limited to harassment, a notice of a In the Federal Register of May 20, satisfied, and NMFS is now providing proposed incidental take authorization 2021, in FR Doc. 2021–10551, on page an additional 15-day comment period to is provided to the public for review. 27394, in the first column, correct the allow for any additional comments on Authorization for incidental takings DATES section to read as follows: the proposed Renewal not previously shall be granted if NMFS finds that the DATES: Comments and information must provided during the initial 30-day taking will have a negligible impact on be received no later than June 21, comment period. the species or stock(s) and will not have 2021. DATES: Comments and information must an unmitigable adverse impact on the The closing date for public comments be received no later than June 23, 2021. availability of the species or stock(s) for regarding the notice of modified ADDRESSES: Comments should be taking for subsistence uses (where proposed IHA published on May 20, addressed to Jolie Harrison, Chief, relevant). Further, NMFS must prescribe 2021 (86 FR 27393) in the Federal Permits and Conservation Division, the permissible methods of taking and Register is June 21, 2021. Office of Protected Resources, National other ‘‘means of effecting the least practicable adverse impact’’ on the Dated: June 2, 2021. Marine Fisheries Service. Written comments should be submitted via affected species or stocks and their Catherine Marzin, email to [email protected]. habitat, paying particular attention to Acting Director, Office of Protected Resources, Instructions: NMFS is not responsible rookeries, mating grounds, and areas of National Marine Fisheries Service. for comments sent by any other method, similar significance, and on the [FR Doc. 2021–11910 Filed 6–7–21; 8:45 am] to any other address or individual, or availability of such species or stocks for BILLING CODE 3510–22–P received after the end of the comment taking for certain subsistence uses period. Comments, including all (referred to here as ‘‘mitigation attachments, must not exceed a 25- measures’’). Monitoring and reporting of DEPARTMENT OF COMMERCE megabyte file size. All comments such takings are also required. The meaning of key terms such as ‘‘take,’’ National Oceanic and Atmospheric received are a part of the public record ‘‘harassment,’’ and ‘‘negligible impact’’ Administration and will generally be posted online at https://www.fisheries.noaa.gov/permit/ can be found in section 3 of the MMPA [RTID 0648–XB067] incidental-take-authorizations-under- (16 U.S.C. 1362) and the agency’s marine-mammal-protection-act without regulations at 50 CFR 216.103. Takes of Marine Mammals Incidental to change. All personal identifying NMFS’ regulations implementing the Specified Activities; Taking Marine information (e.g., name, address) MMPA at 50 CFR 216.107(e) indicate Mammals Incidental to Marine Site voluntarily submitted by the commenter that IHAs may be renewed for Characterization Surveys Offshore of may be publicly accessible. Do not additional periods of time not to exceed Massachusetts, Rhode Island, submit confidential business one year for each reauthorization. In the Connecticut, and New York information or otherwise sensitive or notice of proposed IHA for the initial AGENCY: National Marine Fisheries protected information. authorization, NMFS described the Service (NMFS), National Oceanic and FOR FURTHER INFORMATION CONTACT: circumstances under which we would Atmospheric Administration (NOAA), Reny Tyson Moore, Office of Protected consider issuing a Renewal for this Commerce. Resources, NMFS, (301) 427–8401. activity and requested public comment ACTION: Notice; request for comments on Electronic copies of the original on a potential Renewal under those proposed renewal incidental harassment application, Renewal request, and circumstances. Specifically, on a case- authorization. supporting documents (including NMFS by-case basis, NMFS may issue a one- Federal Register notices of the original time, one-year Renewal IHA following SUMMARY: NMFS received a request from proposed and final authorizations, and notice to the public providing an Vineyard Wind, LLC (Vineyard Wind) the previous IHA), as well as a list of the additional 15 days for public comments for the Renewal of their currently active references cited in this document, may when (1) up to another year of identical incidental harassment authorization be obtained online at: https:// or nearly identical, or nearly identical, (IHA) to take marine mammals www.fisheries.noaa.gov/permit/ activities as described in the Detailed incidental to marine site incidental-take-authorizations-under- Description of Specified Activities characterization survey activities off the marine-mammal-protection-act. In case section of the initial IHA issuance coast of Massachusetts in the areas of of problems accessing these documents, notice is planned or (2) the activities as the Commercial Lease of Submerged please call the contact listed above. described in the Detailed Description of Lands for Renewable Energy SUPPLEMENTARY INFORMATION: Specified Activities section of the initial Development on the Outer Continental IHA issuance notice would not be Shelf (OCS–A 0501 and OCS–A 0522) Background completed by the time the initial IHA and along potential submarine cable The Marine Mammal Protection Act expires and a Renewal would allow for routes to landfall locations in (MMPA) prohibits the ‘‘take’’ of marine completion of the activities beyond that Massachusetts, Rhode Island, mammals, with certain exceptions. described in the DATES section of the Connecticut, and New York. These Sections 101(a)(5)(A) and (D) of the notice of issuance of the initial IHA, activities consist of activities that are MMPA (16 U.S.C. 1361 et seq.) direct provided all of the following conditions covered by the current authorization but the Secretary of Commerce (as delegated are met: will not be completed prior to its to NMFS) to allow, upon request, the (1) A request for Renewal is received expiration. Pursuant to the Marine incidental, but not intentional, taking of no later than 60 days prior to the needed Mammal Protection Act (MMPA), prior small numbers of marine mammals by Renewal IHA effective date (recognizing to issuing the currently active IHA, U.S. citizens who engage in a specified that the Renewal IHA expiration date
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cannot extend beyond one year from Administrative Order 216–6A, which do to landfall locations in Massachusetts, expiration of the initial IHA). not individually or cumulatively have Rhode Island, Connecticut, and New (2) The request for Renewal must the potential for significant impacts on York. The purpose of the marine site include the following: the quality of the human environment characterization surveys is to obtain a • An explanation that the activities to and for which we have not identified baseline assessment of seabed/sub- be conducted under the requested any extraordinary circumstances that surface soil conditions in the Lease Area Renewal IHA are identical to the would preclude this categorical and cable route corridors to support the activities analyzed under the initial exclusion. Accordingly, NMFS has siting of potential future offshore wind IHA, are a subset of the activities, or preliminarily determined that the projects. Underwater sound resulting include changes so minor (e.g., issuance of the proposed IHA Renewal from Vineyard Wind’s planned site reduction in pile size) that the changes qualifies to be categorically excluded characterization surveys has the do not affect the previous analyses, from further NEPA review. potential to result in incidental take of mitigation and monitoring We will review all comments 14 marine mammal species in the form requirements, or take estimates (with submitted in response to this notice of Level B behavioral harassment. the exception of reducing the type or prior to concluding our NEPA process Vineyard Wind requested a Renewal of amount of take). or making a final decision on the IHA • the initial IHA that was re-issued by A preliminary monitoring report Renewal request. NMFS in July 2020 on the basis that the showing the results of the required History of Request activities as described in the Specified monitoring to date and an explanation Activities section of the initial IHA showing that the monitoring results do On May 06, 2020, NMFS issued an would not be completed by the time the not indicate impacts of a scale or nature IHA to Vineyard Wind to take marine IHA expires and a Renewal would allow not previously analyzed or authorized. mammals incidental to marine site for completion of the activities beyond characterization survey activities off the (3) Upon review of the request for that described in the Dates and Duration coast of Massachusetts in the areas of Renewal, the status of the affected section of the initial IHA. species or stocks, and any other the Commercial Lease of Submerged pertinent information, NMFS Lands for Renewable Energy In their 2020 IHA application, determines that there are no more than Development on the Outer Continental Vineyard Wind estimated that it would minor changes in the activities, the Shelf (OCS–A 0501 and OCS–A 0522) take a year to complete the HRG mitigation and monitoring measures and along potential submarine cable surveys. This schedule was based on 24- will remain the same and appropriate, routes to landfall locations in hour operations and included potential and the findings in the initial IHA Massachusetts, Rhode Island, down time due to inclement weather. remain valid. Connecticut, and New York (85 FR With up to eight survey vessels An additional public comment period 26940), effective from June 01, 2020 operating concurrently, a maximum of of 15 days (for a total of 45 days), with through May 31, 2021. This IHA was re- 736 vessel days were anticipated. Each direct notice by email, phone, or postal issued on July 14, 2020 with the only vessel would maintain a speed of service to commenters on the initial change being a change in effective dates approximately 3.5 knots (kn; 6.5 IHA, is provided to allow for any from June 21, 2020 through June 20, kilometers [km]/hour) while transiting additional comments on the proposed 2021 (85 FR 42357). On March 25, 2021, survey lines and each vessel would Renewal. A description of the Renewal NMFS received a request for a Renewal cover approximately 100 km per day. process may be found on our website at: of the re-issued IHA. As described in the However, during the 2020–2021 survey www.fisheries.noaa.gov/national/ request for Renewal IHA, the activities season, Vineyard Wind completed only marine-mammal-protection/incidental- for which incidental take is requested 184 vessel days of the 736 vessel days harassment-authorization-renewals. consist of activities that are covered by estimated to complete the work and Any comments received on the potential the initial authorization but will not be only surveyed approximately 25 percent Renewal, along with relevant comments completed prior to its expiration. As of the planned survey routes. Vineyard on the initial IHA, have been considered required, the applicant also provided a Wind predicts that a maximum of 552 in the development of this proposed preliminary monitoring report (available vessel days, with up to eight survey IHA Renewal, and a summary of agency at https://www.fisheries.noaa.gov/ vessels operating concurrently, over 181 responses to applicable comments is permit/incidental-take-authorizations- days will be required to survey the included in this notice. NMFS will under-marine-mammal-protection-act) remaining routes, estimated to be consider any additional public which confirms that the applicant has approximately 55,200 km. The Renewal comments prior to making any final implemented the required mitigation IHA would authorize harassment of decision on the issuance of the and monitoring, and which also shows marine mammals for this remaining requested Renewal, and agency that no impacts of a scale or nature not survey distance using survey methods responses will be summarized in the previously analyzed or authorized have identical to those described in the initial final notice of our decision. occurred as a result of the activities IHA application; therefore, the conducted. anticipated effects on marine mammals National Environmental Policy Act and the affected stocks also remain the To comply with the National Description of the Specified Activities same. All active acoustic sources and Environmental Policy Act of 1969 and Anticipated Impacts mitigation and monitoring measures (NEPA; 42 U.S.C. 4321 et seq.) and Vineyard Wind plans to conduct high- would remain as described in the NOAA Administrative Order (NAO) resolution geophysical (HRG) surveys in Federal Register notices of the proposed 216–6A, NMFS must review our support of offshore wind development IHA (85 FR 7952, February 12, 2020) proposed action with respect to projects in the areas of Commercial and issued IHA (85 FR 26940, May 06, environmental consequences on the Lease of Submerged Lands for 2020). The amount of take requested for human environment. Renewable Energy Development on the the Renewal IHA reflects the amount of This action is consistent with Outer Continental Shelf (#OCS–A 0501 remaining work in consideration of categories of activities identified in CE and #OCS–A 0522) (Lease Areas) and marine mammal monitoring data from B4 of the Companion Manual for NOAA along potential submarine cable routes the 2020 survey season resulting in
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equal or less take than that authorized be affected or the pertinent information Activities contained in the supporting in the initial IHA. in the Description of the Marine documents for the initial IHA. Mammals in the Area of Specified Detailed Description of the Activity Potential Effects on Marine Mammals Activities contained in the supporting and Their Habitat A detailed description of the HRG documents for the initial IHA. activities for which take is proposed The draft 2020 Stock Assessment A description of the potential effects here may be found in the Federal Report (SAR, available online at: https:// of the specified activity on marine Register notices of the proposed IHA (85 www.fisheries.noaa.gov/national/ mammals and their habitat for the FR 7952, February 12, 2020), issued IHA marine-mammal-protection/draft- activities for which take is proposed (85 FR 26940, May 06, 2020), and marine-mammal-stock-assessment- here may be found in the notices of the reissued IHA (85 FR 42357, July 14, reports) states that estimated abundance proposed and final IHAs for the initial 2020) for the initial authorization. As has increased for the Western North authorization (85 FR 7952, February 12, described above, Vineyard Wind is not Atlantic stock of common dolphins, 2020; 85 FR 26940, May 06, 2020). able to complete the survey activities from 172,825 (CV = 0.21) to 172,974 (CV NMFS has reviewed the monitoring data analyzed in the initial IHA by the date = 0.21), and decreased for the following from the initial IHA, recent draft Stock the IHA is set to expire (June 20, 2021). marine mammal stocks: The Gulf of Assessment Reports, Technical Reports As such, the surveys Vineyard Wind Maine stock of humpback whales (from (e.g., Pace 2021), information on proposes to conduct under this Renewal 1,396 (CV = 0) to 1,393 (CV = 0.15)), the relevant Unusual Mortality Events, and would be a continuation of the surveys Western North Atlantic stock of fin other scientific literature and data (e.g., as described in the initial IHA. The whales (from 7,418 (CV = 0.25) to 6,802 Roberts et al. 2020) and determined that location and nature of the activities, (CV = 0.24)), and the Canadian East neither this nor any other new including the types of equipment coast stock of minke whales (from information affects our initial analysis planned for use, are identical to those 24,202 (CV = 0.3) to 21,968 (CV=0.31)). of impacts on marine mammals and described in the previous notices. Abundance estimates for the Western their habitat. Because part of the work has already North Atlantic stock of North Atlantic Estimated Take been completed, the duration of the right whales have also been updated, surveys conducted under the Renewal and state that right whale abundance A detailed description of the methods IHA will occur over less time than that has decreased from 428 to 368 (95% CI and inputs used to estimate take for the described for the initial IHA (181 days 356–378) individuals (Pace 2021). specified activity are found in the versus 365 days); however, Vineyard Roberts et al. (2020) provided updated notices of the proposed and final IHAs Wind will continue to operate 24 hours monthly densities of North Atlantic for the initial authorization (85 FR 7952, per day to complete the work. Vineyard right whales in the area of proposed February 12, 2020; 85 FR 26940, May Wind proposes to continue its activities activities since the time of the initial 06, 2020). The acoustic source types, as on June 21, 2021, after the initial IHA IHA. These updated data for North well as source levels applicable to this expires on June 20, 2021. The proposed Atlantic right whale densities authorization remain unchanged from Renewal would be effective for a period incorporate additional sighting data and the initial IHA. Similarly, the stocks of one year from the date of issuance. include increased spatial resolution. We taken, methods of take, and type of take reviewed the updated model (i.e., Level B harassment only) remain Description of Marine Mammals documentation and recalculated the unchanged from the initial IHA. A description of the marine mammals North Atlantic right whale density In the initial authorization for the in the area of the activities for which estimates following the same methods HRG survey activities, the potential for authorization of take is proposed here, outlined in the proposed and final IHAs take was estimated using the following including information on abundance, for the initial authorization (85 FR 7952, parameters: (1) Maximum number of status, distribution, and hearing, may be February 12, 2020; 85 FR 26940, May survey days that could occur over a 12- found in the notices of the proposed and 06, 2020). The new model results state month period; (2) maximum distance final IHAs for the initial authorization that the mean annual North Atlantic each vessel could travel per 24-hour (85 FR 7952, February 12, 2020; 85 FR right whale densities have slightly period in each of the identified survey 26940, May 06, 2020). NMFS has increased in the activity area. areas; (3) maximum ensonified area reviewed the monitoring data from the NMFS has preliminarily determined (zone of influence (ZOI)); and (4) initial IHA, recent draft Stock that neither the updated abundance and maximum marine mammal densities for Assessment Reports, information on density information presented above nor any given season that a survey could relevant Unusual Mortality Events, and any other new information affects which occur. The calculated radial distances to other scientific literature, and species or stocks have the potential to the Level B harassment threshold (160 determined that neither this nor any be affected or the pertinent information decibel (dB) root mean square (rms)) other new information affects which in the Description of the Marine from a survey vessel are included in species or stocks have the potential to Mammals in the Area of Specified Table 1.
TABLE 1—MODELED RADIAL DISTANCES FROM HRG SURVEY EQUIPMENT TO ISOPLETHS CORRESPONDING TO LEVEL A HARASSMENT AND LEVEL B HARASSMENT THRESHOLDS
HRG Survey Equipment Level B harassment horizontal impact distance (m)
Shallow subbottom profilers ...... EdgeTech Chirp 216 ...... 4 Deep seismic profilers ...... Applied Acoustics AA251 Boomer ...... 178 Deep seismic profilers ...... GeoMarine Geo Spark 2000 (400 tip) ...... 195
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The equation for estimating take for reduction in take based on the reduction approaches were >900 m), they all species remains the same as the in the number of days of work represent an increased amount of initial IHA: remaining would result in a take sightings observed during HRG surveys, Estimated Take = D × ZOI × # of days estimate that is smaller than the average though the information suggests that Where: group size estimate. As described in there were no takes. Updated model Vineyard Wind’s preliminary outputs from Roberts et al. (2020) also D = species density (per km2) and ZOI = maximum daily ensonified area monitoring report, they did not observe suggest that there has been a slight any Risso’s dolphins during the survey increase in North Atlantic right whale In the notices of the proposed and work thus far completed. Therefore, we density in the survey area. Despite the final IHAs for the initial authorization have carried over the same amount of increase in sightings and densities of (85 FR 7952, February 12, 2020; 85 FR take as proposed in the initial IHA, North Atlantic right whales in the 26940, May 06, 2020), a conservative which is based on an average group size survey area, we believe that an updated ZOI was calculated by applying the of 6 Risso’s dolphins (Table 2). unadjusted modeled exposure estimate maximum radial distance for any In the notices of the proposed and based on these slightly increased category and type of HRG survey final IHAs for the initial authorization densities would still represent a equipment considered in its assessment (85 FR 7952, February 12, 2020; 85 FR significant overestimate of the actual to the mobile source ZOI calculation. 26940, May 06, 2020) takes by Level B potential exposure, and therefore This maximum calculated distance to harassment authorized for North propose to carry over the same amount the Level B harassment threshold for the Atlantic right whales were limited to 10 of take (10 individuals) as proposed in GeoMarine Geo Spark 2000 of 195 m individuals, which was reduced from the initial IHA, which accounts for the was also used to calculate the ZOI for the calculated take of 31 whales. There expected mitigating effects on the actual the requested extension. Vineyard Wind were several reasons justifying this taking of right whales. estimates that proposed survey vessels reduction. Vineyard Wind established As documented in Vineyard Wind’s will achieve a maximum daily track line and monitored a shutdown zone at least preliminary monitoring report, there distance of 100 km per day during 2.5 times (500-meters (m)) greater than was a number of sightings of delphinids proposed HRG surveys. This distance the predicted Level B harassment both within the estimated 195 m Level accounts for the vessel traveling at threshold distance (195 m). Take had B Harassment Zone and the 100 m EZ roughly 3.5 kn (6.5 km/hour) and also been conservatively calculated that were characterized by the PSOs as accounts for non-active survey periods. based on the largest source, which will ‘voluntary approaches.’ A ‘‘voluntary Based on the maximum estimated not be operating at all times, and take approach’’ is defined as a purposeful distance to the Level B harassment is therefore likely over-estimated to approach toward the vessel by the threshold of 195 m (Table 1) and the some degree. Furthermore, the potential delphinid(s) with a speed and vector maximum estimated daily track line for incidental take during daylight hours that indicates that the delphinid(s) is distance of 100 km, Vineyard Wind is very low given that two Protected approaching the vessels and remains estimated that an area of 39.12 km2 Species Observers (PSOs) are required near the vessel or towed equipment would be ensonified to the Level B for monitoring. Additionally, sightings (BOEM 2014). Vineyard Wind PSOs harassment threshold per day during of right whales had been uncommon reported 270 sightings of approximately Vineyard Wind’s proposed HRG during previous HRG surveys conducted 3,332 individual common dolphins surveys. This is a conservative estimate in areas near the proposed surveys. For within the estimated 195 m Level B as it assumes the HRG sources that example, no North Atlantic right whales harassment zone for the sparker. During result in the greatest isopleth distances were sighted during Bay State Wind these marine mammal observations, no to the Level B harassment threshold surveys in adjacent and overlapping behavior was observed that would be would be operated at all times during survey areas over 376 vessel days considered consistent with a behavioral the all vessel days. between May 11, 2018 and March 14, response to harassment (i.e., rapid This methodology of calculating take 2019. Vineyard Wind also had no North swimming away from the sound source in the initial IHA applies to the Atlantic right whales sighted in their or vessel; repeated fin slaps or breaches; proposed Renewal IHA for all species, marine mammal monitoring report that notable changes in behavior as a result with the only difference being the fewer included Lease Areas OCS–A 0501 and of vessel approach), and no animals amount of vessel days (i.e., 552 versus OCS–A 0522 from May 31, 2019 through demonstrated signs of harm. Therefore, 736). The result is that the amount of January 7, 2020. Therefore, the Vineyard Wind concluded that these take is reduced proportionally to the aforementioned factors led NMFS to animals did not experience Level B reduction in the number of days of work conclude that the unadjusted modeled Harassment, as defined under the remaining. Vineyard Wind has exposure estimate was likely a MMPA. Given that Vineyard Wind requested a deviation from the significant overestimate of actual observed more common dolphins than proportionally reduced calculated take potential exposure. Accordingly, in the expected, we propose to carry over the for Risso’s dolphins as described below. initial IHA NMFS made a reasonable same amount of take (2,036 individuals) Other than in the additional instances adjustment to conservatively account for as proposed in the initial IHA, as described below, NMFS agrees with these expected mitigating effects on opposed to decreasing it commensurate Vineyard Wind’s request for take and actual taking of right whales. to the reduced amount of activity we propose to authorize the same During the 2020–2021 surveys, remaining. Thus, take numbers amount of take as described in their Vineyard Wind reported four sightings proposed in this IHA Renewal (Table 2) request. of seven North Atlantic right whales in represent prorated estimates for all In their request for a Renewal IHA their preliminary monitoring report. species except North Atlantic right application, Vineyard Wind requested While all of these individuals were whales, Risso’s dolphins, and common that the number of Level B harassment observed on a single day (December 20, dolphins whose proposed take estimates takes (per the equation above) for 2020) and outside both the estimated remain the same as authorized in the Risso’s dolphins be equal to their 195-m Level B harassment Zone and the initial IHA. average group size estimate (6 500 m Exclusion Zone (EZ) for North On August 20, 2020 Vineyard Wind individuals), given a proportional Atlantic right whales (closest PSOs observed two white-beaked
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dolphins within the 195 m Level B 2019). The dolphins observed during and thus Vineyard Wind did not report harassment zone for the sparker during the 2020–2021 surveys were first the sighting as a potentially the first year of Vineyard Wind’s survey sighted as unidentified dolphins due to unauthorized Level B harassment take. activities. White-beaked dolphins were the decreased visibility under sea state Despite this single observation of white considered unlikely to be encountered 3 conditions, creating challenges in beaked dolphins, encounters with the in the survey area and, therefore, take identification. Given the dolphins were species in the survey area remain was not considered reasonably likely to of genera Delphinus, Lagenorhynchus, unlikely. For example, no sightings of occur and was not authorized in the or Tursiops, and in accordance with white beaked dolphins have been initial IHA. This species has historically IHA condition 4(f)(vii), the PSO used reported in monitoring reports from been found in waters outside of the their best professional judgment in other IHAs issued in the same region in survey area, from southern New determining that the animals were recent years. Therefore, NMFS has England to southern Greenland and exempted from the shutdown Davis Straits (Leatherwood et al. 1976; requirement. After less than a minute of determined that the initial CETAP 1982, Hayes et al. 2019), across bow riding the dolphins began determination that take of the species is the Atlantic to the Barents Sea and swimming away and at the end of the not reasonably likely to occur and, south to at least Portugal (Reeves et al. sighting the PSO was able to make a therefore, that take authorization for the 1999). In waters off the northeastern positive ID. The PSO determined the species is not warranted. We have U.S. coast, white-beaked dolphin animal was leaving the zone and clarified with Vineyard Wind the need sightings are typically concentrated in therefore no mitigation was required. to communicate any sightings of rare the western Gulf of Maine and around The PSO determined that there was no species to NMFS as soon as possible. Cape Cod (CETAP 1982, Hayes et al. behavioral change or signs of distress
TABLE 2—INITIAL IHA TAKE AUTHORIZED AND RENEWAL IHA PROPOSED TAKE
Level B harassment Percent Species Take 1 authorized Proposed take population initial IHA renewal IHA
Fin whale ...... 67 51 1.1 Humpback whale ...... 46 34 2.1 Minke whale ...... 41 31 1.5 North Atlantic right whale ...... 10 10 2.7 Sei whale ...... 4 3 0.4 Atlantic white sided dolphin ...... 1,011 758 2.0 Bottlenose dolphin (WNA Offshore) ...... 815 611 1.0 Long-finned pilot whales ...... 142 107 0.6 Risso’s dolphin ...... 6 6 0.08 Common dolphin ...... 2,036 2,036 2.3 Sperm whale ...... 4 3 0.06 Harbor porpoise ...... 1,045 784 1.7 Gray seal ...... 4,044 3,033 11.17 Harbor seal ...... 4,044 3,033 4.0 1 Calculations of percentage of stock taken are based on the best available abundance estimate as shown in Table 2 in the notice of the final IHA for the initial authorization (85 FR 26940, May 06, 2020). In most cases the best available abundance estimate is provided by Roberts et al. (2016, 2017, 2018), when available, to maintain consistency with density estimates derived from Roberts et al. (2016, 2017, 2018). For North At- lantic right whales the best available abundance estimate is derived from the 2021 NOAA Technical Memorandum NMFS–NE–269 Revisions and Further Evaluations of the Right Whale Abundance Model: Improvements for Hypothesis Testing (Pace, 2021). For bottlenose dolphins and seals, Roberts et al. (2016, 2017, 2018) provides only a single abundance estimate and does not provide abundance estimates at the stock or species level (respectively), so abundance estimates used to estimate percentage of stock taken for bottlenose dolphins, gray and harbor seals are derived from NMFS SARs (Hayes et al., 2019).
Description of Proposed Mitigation, • EZ: Marine mammal EZs will be visually monitor a 200-m Buffer Zone; Monitoring and Reporting Measures established around the HRG survey however, this Buffer Zone is not The proposed mitigation, monitoring, equipment and monitored by PSO applicable when the EZ is greater than and reporting measures included as during HRG surveys as follows: A 500- 100 meters. PSOs would also be requirements in this authorization are m EZ is required for North Atlantic right required to observe a 500-m Monitoring identical to those included in the FR whales and a 100-m EZ is required for Zone and record the presence of all Notice announcing the issuance of the all other marine mammals (with the marine mammals within this zone and initial IHA (85 FR 26940, May 06, 2020), exception of certain genera of small within the Level B harassment zone. and the discussion of the least delphinids (i.e., Delphinus, The zones described above would be practicable adverse impact included in Lagenorhynchus, and Tursiops) under based upon the radial distance from the that document and the notice of the certain circumstances, such as active equipment (rather than being proposed IHA remains accurate (85 FR individuals voluntary approaching the based on distance from the vessel itself). 7952, February 12, 2020; 85 FR 26940, vessel). If a marine mammal is detected • PSO: A minimum of two NMFS- May 06, 2020). All mitigation, approaching or entering the EZs during approved PSOs must be on duty and monitoring and reporting measures in the planned survey, the vessel operator conducting visual observations at all the initial IHA are carried over to this would adhere to the shutdown times on all active survey vessels when proposed Renewal IHA and summarized procedures described below. In addition HRG equipment is operating, including here: to the EZs described above, PSOs would both daytime and nighttime operations.
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Visual monitoring would begin no less minutes for small odontocetes and seals, the initial IHA for marine site than 30 minutes prior to initiation of and 30 minutes for all other species). characterization surveys and on the HRG survey equipment and would • Vessel strike avoidance measures: potential for a Renewal IHA, should continue until 30 minutes after use of Separation distances for large whales certain requirements be met. the acoustic source ceases or until 30 (500 m North Atlantic Right Whales, All public comments were addressed minutes past sunset. However, Vineyard 100 m other large whales; 50 m other in the notice announcing the issuance of Wind has committed to 24-hr use of cetaceans and pinnipeds), restricted the initial IHA (85 FR 26940, May 06, PSOs. PSOs would establish and vessel speeds, and operational 2020). Below, we describe how we have monitor the applicable EZs, Buffer Zone maneuvers. addressed, with updated information and Monitoring Zone as described Seasonal Operating Requirements: where appropriate, any comments • above. Vineyard Wind will conduct HRG received that specifically pertain to the • Pre-Operation Clearance Protocols: survey activities in the Cape Cod Bay Renewal of the 2020 IHA. Prior to initiating HRG survey activities, Mid-Atlantic U.S. Seasonal Management Comment: The Marine Mammal Vineyard Wind would implement a 30- Area (SMA) and Off Race Point SMA Commission (Commission) minute pre-clearance period. Ramp-up only during the months of August and recommended that NMFS refrain from of the survey equipment would not September to ensure sufficient buffer issuing Renewals for any authorization begin until the relevant zones (500-m EZ between the SMA restrictions (January and instead use its abbreviated Federal to May 15) and known seasonal for North Atlantic right whales and 200- Register notice process. They argued occurrence of the North Atlantic right m Buffer Zone for all other species) have that the process is similarly expeditious whale north and northeast of Cape Cod been cleared by the PSOs. If any marine and fulfills NMFS’s intent to maximize (fall, winter, and spring). Vineyard mammals are detected within the efficiencies, and that NMFS (1) stipulate Wind will also limit to three the number relevant EZs or Buffer Zone during the that a Renewal is a one-time survey vessels that will operate pre-clearance period, initiation of HRG opportunity (a) in all Federal Register concurrently from March through June survey equipment would not begin until notices requesting comments on the within the lease areas (OCS–A 0501 and possibility of a Renewal, (b) on its web the animal(s) has been observed exiting 0487) and offshore export cable corridor page detailing the Renewal process, and the respective EZ or Buffer Zone, or, (OECC) areas north of the lease areas up (c) in all draft and final authorizations until an additional time period has to, but not including, coastal and bay that include a term and condition for a elapsed with no further sighting (i.e., waters. Another seasonal restriction area Renewal and, (2) if NMFS refuses to minimum 15 minutes for small south of Nantucket will be in effect from stipulate a Renewal being a one-time odontocetes and seals, and 30 minutes December to February in the area opportunity, explain why it will not do for all other species). The pre-clearance delineated by the DMA that was so in its Federal Register notices, on its requirement would include small effective from January 31, 2020 through web page, and in all draft and final delphinids that approach the vessel February 15, 2020. In addition, authorizations. (e.g., bow ride). PSOs would also Vineyard Wind would operate either a Response: NMFS expressed how it continue to monitor the zone for 30 single vessel, two vessels concurrently does not agree with the Commission minutes after survey equipment is shut or, for short periods, no more than three that we instead use the abbreviated down or survey activity has concluded. notice process and did not adopt the • survey vessels concurrently in the areas Ramp-up: A ramp-up procedure described above during the December– Commission’s recommendation. As would be used for geophysical survey February and March–June timeframes explained in the response to the equipment capable of adjusting energy when right whale densities are greatest. following comment, NMFS believes levels at the start or re-start of survey The seasonal restrictions described Renewals can be issued in certain activities. Ramp-up of the survey above will help to reduce both the limited circumstances. equipment would not begin until the number and intensity of North Atlantic The Commission was also concerned relevant EZs and Buffer Zone has been right whale takes. that NMFS had not explicitly identified cleared by the PSOs, as described above. • Reporting: Vineyard Wind will that a 1-year Renewal IHA was a one- HRG equipment would be initiated at submit a final technical report within 90 time opportunity in our Federal their lowest power output and would be days following completion of the Register notices nor on our website. incrementally increased to full power. If surveys. In the event that Vineyard NMFS has since identified in Federal any marine mammals are detected Wind personnel discover an injured or Register notices and on our website that within the EZs or Buffer Zone prior to dead marine mammal, Vineyard Wind a Renewal IHA is one time opportunity. or during ramp-up, the HRG equipment shall report the incident to the Office of Comment: A group of environmental would be shut down (as described Protected Resources (OPR), NMFS and non-governmental organizations below). to the New England/Mid-Atlantic (ENGOs) objected to NMFS’ process to • Shutdown of HRG Equipment: If an Regional Stranding Coordinator as soon consider extending any 1-year IHA with HRG source is active and a marine as feasible. In the event of a ship strike a truncated 15-day comment period as mammal is observed within or entering of a marine mammal by any vessel contrary to the MMPA. a relevant EZ (as described above) an involved in the activities covered by the Response: NMFS’ IHA Renewal immediate shutdown of the HRG survey authorization, Vineyard Wind shall process meets all statutory equipment would be required. Note this report the incident to OPR, NMFS and requirements. All IHAs issued, whether shutdown requirement would be waived to the New England/Mid-Atlantic an initial IHA or a Renewal IHA, are for certain genera of small delphinids as Regional Stranding Coordinator as soon valid for a period of not more than 1 described above. Subsequent restart of as feasible. year. And the public has at least 30 days the HRG equipment would only occur to comment on all proposed IHAs, with after the marine mammal has either Comments and Responses a cumulative total of 45 days for IHA been observed exiting the relevant EZ, As noted previously, NMFS published Renewals. As noted above, the Request or, until an additional time period has a notice of a proposed IHA (85 FR 7952, for Public Comments section in the elapsed with no further sighting of the February 12, 2020) and solicited public initial IHA made clear that the agency animal within the relevant EZ (i.e., 15 comments on both our proposal to issue was seeking comment on both the initial
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proposed IHA and the potential Request for Public Comments section of documents, NMFS has determined the issuance of a Renewal for this project. each proposed IHA, the description of following: (1) The required mitigation Because any Renewal (as explained in the process on NMFS’ website, further measures will effect the least practicable the Request for Public Comments elaboration on the process through impact on marine mammal species or section in the initial IHA) is limited to responses to comments such as these, stocks and their habitat; (2) the another year of identical or nearly posting of substantive documents on the authorized takes will have a negligible identical activities in the same location agency’s website, and provision of 30 or impact on the affected marine mammal (as described in the Description of 45 days for public review and comment species or stocks; (3) the authorized Proposed Activity section in the initial on all proposed initial IHAs and takes represent small numbers of marine IHA) or the same activities that were not Renewals respectively, NMFS has mammals relative to the affected stock completed within the one-year period of ensured that the public ‘‘is invited and abundances; (4) Vineyard Wind’s the initial IHA, reviewers have the encouraged to participate fully in the activities will not have an unmitigable information needed to effectively agency decision-making process.’’ adverse impact on taking for subsistence comment on both the immediate For more information, NMFS has purposes as no relevant subsistence uses proposed IHA and a possible 1-year published a description of the Renewal of marine mammals are implicated by Renewal, should the IHA holder choose process on our website (available at this action, and; (5) appropriate to request one. https://www.fisheries.noaa.gov/ monitoring and reporting requirements While there are additional documents national/marine-mammal-protection/ are included. submitted with a Renewal request, for a incidental-harassment-authorization- qualifying Renewal these are limited to renewals). Endangered Species Act documentation that NMFS will make Section 7(a)(2) of the Endangered Preliminary Determinations available and use to verify that the Species Act of 1973 (16 U.S.C. 1531 et activities are identical to those in the The survey activities proposed by seq.) requires that each Federal agency initial IHA, are nearly identical such Vineyard Wind are identical to (and a insure that any action it authorizes, that the changes would have either no subset of) those analyzed in the initial funds, or carries out is not likely to effect on impacts to marine mammals or IHA, as are the method of taking and the jeopardize the continued existence of decrease those impacts, or are a subset effects of the action. The mitigation any endangered or threatened species or of activities already analyzed and measures and monitoring and reporting result in the destruction or adverse authorized but not completed under the requirements as described above are modification of designated critical initial IHA. NMFS will also confirm, also identical to the initial IHA. The habitat. To ensure ESA compliance for among other things, that the activities planned number of days of activity will the issuance of IHAs, NMFS consults will occur in the same location; involve be reduced given the completion of a internally, in this case with the NMFS the same species and stocks; provide for small portion of the originally planned Greater Atlantic Regional Fisheries continuation of the same mitigation, work. Therefore, the amount of take Office (GARFO), whenever we propose monitoring, and reporting requirements; proposed is equal to or less than that to authorize take for endangered or and that no new information has been authorized in the initial IHA. The threatened species. received that would alter the prior potential effect of Vineyard Winds’ The NMFS Office of Protected analysis. The renewal request also activities remains limited to Level B Resources is authorizing the incidental contains a preliminary monitoring harassment in the form of behavioral take of four species of marine mammals report, but that is to verify that effects disturbance. In analyzing the effects of which are listed under the ESA: The from the activities do not indicate the activities in the initial IHA, NMFS North Atlantic right, fin, sei and sperm impacts of a scale or nature not determined that Vineyard Wind’s whale. We requested initiation of previously analyzed. The additional 15- activities would have a negligible consultation under Section 7 of the ESA day public comment period provides impact on the affected species or stocks with NMFS GARFO on February 12, the public an opportunity to review and that the authorized take numbers of 2020, for the issuance of this IHA. these few documents, provide any each species or stock were small relative BOEM consulted with NMFS GARFO additional pertinent information and to the relevant stocks (e.g., less than under section 7 of the ESA on comment on whether they think the one-third of the abundance of all commercial wind lease issuance and criteria for a renewal have been met. stocks). site assessment activities on the Atlantic NMFS also will provide direct notice of NMFS has preliminarily concluded Outer Continental Shelf in the proposed Renewal to those who that there is no new information Massachusetts, Rhode Island, New York commented on the initial IHA, to suggesting that our analysis or findings and New Jersey Wind Energy Areas. The provide an opportunity to submit any should change from those reached for NMFS GARFO issued a Biological additional comments. Between the the initial IHA. This includes Opinion concluding that these activities initial 30-day comment period on these consideration of the estimated may adversely affect but are not likely same activities and the additional 15 abundances of four stocks (North to jeopardize the continued existence of days, the total comment period for a Atlantic right whales, humpback the North Atlantic right, fin, sei and renewal is 45 days. whales, fin whales, and minke whales) sperm whale. Upon request from the In addition to the IHA Renewal decreasing and the estimated NMFS Office of Protected Resources, process being consistent with all abundances of one stock (common NMFS GARFO issued an amended requirements under section 101(a)(5)(D), dolphins) increasing (Hayes et al. 2020, incidental take statement associated it is also consistent with Congress’s Pace 2021). This also includes with this Biological Opinion to include intent for issuance of IHAs to the extent consideration of the increased density the take of the ESA-listed marine reflected in statements in the legislative estimates for North Atlantic right mammal species authorized through history of the MMPA. Through the whales based on updated model outputs this IHA in April 2020. On May 12, provision for Renewals in the from Roberts et al. (2020) as described 2021 NMFS GARO determined that regulations, description of the process above in the Estimated Take section. their initial consultation remains valid and express invitation to comment on Based on the information and analysis and that the proposed MMPA Renewal specific potential Renewals in the contained here and in the referenced IHA provides no new information about
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the effects of the action, nor does it other Federal agencies to comment on II. Method of Collection change the extent of effects of the proposed, and continuing information Fishermen’s information is imported action, or any other basis to require collections, which helps us assess the directly into the Marine Mammal reinitiation of the opinion. impact of our information collection Authorization Program (MMAP) from requirements and minimize the public’s Proposed Renewal IHA and Request for their state. If they do not have a state or reporting burden. The purpose of this Public Comment Federal fishery permit or license, notice is to allow for 60 days of public As a result of these preliminary fishermen can request a MMAP comment preceding submission of the registration form (OMB No. 0648–0293) determinations, NMFS proposes to issue collection to OMB. a Renewal IHA to Vineyard Wind for from their NMFS regional office and conducting marine site characterization DATES: To ensure consideration, mail in the registration form. survey activities off the coast of comments regarding this proposed III. Data Massachusetts in the areas of the information collection must be received Commercial Lease of Submerged Lands on or before August 9, 2021. OMB Control Number: 0648–0293. Form Number(s): None. for Renewable Energy Development on ADDRESSES: Interested persons are Type of Review: Regular submission the Outer Continental Shelf (OCS–A invited to submit written comments to 0501 and OCS–A 0522) and along (extension of existing information Adrienne Thomas, NOAA PRA Officer, collection). potential submarine cable routes to at [email protected]. Please Affected Public: Individuals or landfall locations in Massachusetts, reference OMB Control Number 0648– households; Business or other for-profit Rhode Island, Connecticut, and New 0293 in the subject line of your organizations. York for a period of one year from the comments. Do not submit Confidential date of issuance, provided the Business Information or otherwise Estimated Number of Respondents: 100. previously described mitigation, sensitive or protected information. monitoring, and reporting requirements Estimated Time per Response: Initial are incorporated. A draft of the FOR FURTHER INFORMATION CONTACT: registration 15 minutes. proposed and final initial IHA can be Requests for additional information or Estimated Total Annual Burden found at https:// specific questions related to collection Hours: 25 hours. www.fisheries.noaa.gov/permit/ activities should be directed to Jaclyn Estimated Total Annual Cost to incidental-take-authorizations-under- Taylor, National Marine Fisheries Public: $2,555 in recordkeeping/ marine-mammal-protection-act. We Service Office of Protected Resources, reporting costs and application fees. request comment on our analyses, the 301–427–8402 or Jaclyn.Taylor@ Respondent’s Obligation: Mandatory. proposed Renewal IHA, and any other noaa.gov. Legal Authority: 16 U.S.C. 1361 et aspect of this Notice. Please include seq.; MMPA. with your comments any supporting SUPPLEMENTARY INFORMATION: IV. Request for Comments data or literature citations to help I. Abstract inform our final decision on the request We are soliciting public comments to for MMPA authorization. National Marine Fisheries Service’s permit the Department/Bureau to: (a) Dated: June 2, 2021. (NMFS) Office of Protected Resources Evaluate whether the proposed Catherine Marzin, sponsors this information collection and information collection is necessary for is requesting renewal of the currently Acting Director, Office of Protected Resources, the proper functions of the Department, National Marine Fisheries Service. approved collection. including whether the information will [FR Doc. 2021–11904 Filed 6–7–21; 8:45 am] Section 118 of the Marine Mammal have practical utility; (b) Evaluate the BILLING CODE 3510–22–P Protection Act requires any commercial accuracy of our estimate of the time and fisherman operating in Category I and II cost burden for this proposed collection, fisheries to register for a certificate of including the validity of the DEPARTMENT OF COMMERCE authorization that will allow the methodology and assumptions used; (c) fisherman to take marine mammals Evaluate ways to enhance the quality, National Oceanic and Atmospheric incidental to commercial fishing utility, and clarity of the information to Administration operations. Category I and II fisheries be collected; and (d) Minimize the are those identified by NOAA as having reporting burden on those who are to Agency Information Collection either frequent or occasional takings of respond, including the use of automated Activities; Submission to the Office of marine mammals. All states have collection techniques or other forms of Management and Budget (OMB) for integrated the NMFS registration information technology. Review and Approval; Comment process into the existing state fishery Comments that you submit in Request; Application for Commercial registration process and vessel owners response to this notice are a matter of Fisheries Authorization Under Section do not need to file a separate federal public record. We will include or 118 of the Marine Mammal Protection registration. If applicable, vessel owners summarize each comment in our request Act (MMPA) will be notified of this simplified to OMB to approve this ICR. Before AGENCY: National Oceanic and registration process when they apply for including your address, phone number, Atmospheric Administration (NOAA), their state or Federal permit or license. email address, or other personal Commerce. A valid certificate of authorization identifying information in your ACTION: Notice of information collection, protects the vessel owner from comment, you should be aware that request for comment. prosecution under the MMPA for your entire comment—including your violation of the moratorium on taking personal identifying information—may SUMMARY: The Department of marine mammals. The information be made publicly available at any time. Commerce, in accordance with the needed to register or update a While you may ask us in your comment Paperwork Reduction Act of 1995 commercial fishery authorization is to withhold your personal identifying (PRA), invites the general public and found at 50 CFR 229.4. information from public review, we
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cannot guarantee that we will be able to participant letter for the Aleutian Form Number(s): None. do so. Islands pollock fishery. Type of Review: Regular submission Amendment 82 to the Fishery Sheleen Dumas, (extension of a current information Management Plan for Groundfish of the collection). Department PRA Clearance Officer, Office of Bering Sea and Aleutian Islands the Chief Information Officer, Commerce Management Area (FMP) established a Affected Public: Business or other for- Department. framework for the management of the profit organizations. [FR Doc. 2021–11929 Filed 6–7–21; 8:45 am] Aleutian Islands subarea (AI) directed Estimated Number of Respondents: 1. BILLING CODE 3510–22–P pollock fishery. The Aleut Corporation receives an annual AI pollock allocation Estimated Time per Response: Annual for the purpose of economic Aleutian Islands Fishery Participant DEPARTMENT OF COMMERCE development in Adak, Alaska. The Letter, 16 hrs. National Oceanic and Atmospheric Aleut Corporation is identified in Public Estimated Total Annual Burden Administration Law 108–199 as a business incorporated Hours: 16 hrs. pursuant to the Alaska Native Claims Estimated Total Annual Cost to Settlement Act (43 U.S.C. 1601 et seq.). Agency Information Collection Public: $5. Activities; Submission to the Office of Regulations implementing the FMP Management and Budget (OMB) for appear at 50 CFR part 679. Respondent’s Obligation: Required to Review and Approval; Comment The Aleut Corporation’s AI pollock Obtain or Retain Benefits. Request; Aleutian Islands Pollock fishery is set up so that harvesting Legal Authority: Consolidated Fishery Requirements pollock in the AI directed pollock Appropriations Act of 2004; Magnuson- fishery and processing pollock taken in Stevens Fishery Conservation and AGENCY: National Oceanic & the AI directed pollock fishery are Management Act. Atmospheric Administration (NOAA), authorized only for those harvesters and Commerce. processors that are selected by the Aleut IV. Request for Comments ACTION: Notice of information collection, Corporation and approved by the NMFS We are soliciting public comments to request for comment. Regional Administrator. Each year and at least 14 days before permit the Department/Bureau to: (a) SUMMARY: The Department of harvesting pollock or processing pollock Evaluate whether the proposed Commerce, in accordance with the in the AI directed pollock fishery, the information collection is necessary for Paperwork Reduction Act of 1995 Aleut Corporation must submit its the proper functions of the Department, (PRA), invites the general public and selections to NMFS. The information including whether the information will other Federal agencies to comment on submitted by the Aleut Corporation have practical utility; (b) Evaluate the proposed, and continuing information consists of the names of the harvesting accuracy of our estimate of the time and collections, which helps us assess the vessels and processors it has selected, cost burden for this proposed collection, impact of our information collection the Federal fisheries permit numbers or including the validity of the requirements and minimize the public’s Federal processor permit numbers of the methodology and assumptions used; (c) reporting burden. The purpose of this participants, and the fishing year for Evaluate ways to enhance the quality, notice is to allow for 60 days of public which approval is requested. utility, and clarity of the information to comment preceding submission of the On approval, NMFS sends the Aleut be collected; and (d) Minimize the collection to OMB. Corporation a letter that includes a list reporting burden on those who are to respond, including the use of automated DATES: To ensure consideration, of the approved participants. A copy of collection techniques or other forms of comments regarding this proposed this letter must be retained on board information technology. information collection must be received each participating vessel and on site at on or before August 9, 2021. each shoreside processor at all times. Comments that you submit in ADDRESSES: Interested persons are This information collection is response to this notice are a matter of invited to submit written comments to necessary for NMFS to obtain the list of public record. We will include or Adrienne Thomas, NOAA PRA Officer, vessels and processors selected by the summarize each comment in our request at [email protected]. Please Aleut Corporation to harvest and to OMB to approve this ICR. Before reference OMB Control Number 0648– process its annual AI pollock allocation. including your address, phone number, 0513 in the subject line of your The Aleut Corporation is required by email address, or other personal comments. Do not submit Confidential Federal regulations at 50 CFR identifying information in your Business Information or otherwise 679.4(m)(2) to provide its selected comment, you should be aware that sensitive or protected information. harvesters and processors to NMFS for your entire comment—including your approval. Without this information, personal identifying information—may FOR FURTHER INFORMATION CONTACT: NMFS would not know the participants be made publicly available at any time. Requests for additional information or selected by the Aleut Corporation and While you may ask us in your comment specific questions related to collection harvest rates could not be determined, to withhold your personal identifying activities should be directed to Gabrielle which may result in allocations being information from public review, we Aberle (907) 586–7356. exceeded. cannot guarantee that we will be able to SUPPLEMENTARY INFORMATION: do so. II. Method of Collection I. Abstract The Aleut Corporation submits the Sheleen Dumas, The National Marine Fisheries Service participant letter to NMFS by mail, Department PRA Clearance Officer, Office of (NMFS), Alaska Regional Office, is email, or fax. the Chief Information Officer, Commerce requesting renewal of a currently Department. approved information collection that III. Data [FR Doc. 2021–12002 Filed 6–7–21; 8:45 am] contains the requirements for the annual OMB Control Number: 0648–0513. BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE Act of 2006, 16 U.S.C. 1891a and the Type of Review: Regular submission Fish and Wildlife Coordination Act, 16 (extension of a current information National Oceanic and Atmospheric U.S.C. 661, as amended by the collection). Administration Reorganization Plan No. 4 of 1970. Affected Public: Not-for-profit institutions; State, Local, or Tribal Agency Information Collection The NOAA RC requires collection of government; business or other for profit Activities; Submission to the Office of specific information on habitat organizations. Management and Budget (OMB) for restoration projects that we fund, as part Review and Approval; Comment of routine progress reporting. Recipients Estimated Number of Respondents: Request; NOAA Community-Based of NOAA RC funds submit information 130. Restoration Program Progress Reports such as project location, restoration Estimated Time per Response: techniques used, species benefited, Performance Report Form initial reports, AGENCY: National Oceanic & acres restored, stream miles opened to 9 hour 30 minutes; Performance Report Atmospheric Administration (NOAA), access for diadromous fish, volunteer Form semi-annual reports, 5 hours 30 Commerce. participation, and other parameters. minutes; Performance Report Form final ACTION: Notice of information collection, The required information enables reports, 9 hours 45 minutes; request for comment. NOAA to track, evaluate and report on Administrative Report Form initial coastal and marine habitat restoration reports, 6 hours; Administrative Report SUMMARY: The Department of Form semi-annual reports, 2 hours 45 Commerce, in accordance with the and demonstrate accountability for minutes; and Administrative Report Paperwork Reduction Act of 1995 federal funds. This information is used Forms final reports, 5 hours 30 minutes. (PRA), invites the general public and to populate a database of NOAA RC- other Federal agencies to comment on funded habitat restoration. The Estimated Total Annual Burden proposed, and continuing information database, with its robust querying Hours: 1,846. collections, which helps us assess the capabilities, is instrumental to provide Estimated Total Annual Cost to impact of our information collection accurate and timely responses to NOAA, Public: $0 in recordkeeping/reporting requirements and minimize the public’s Department of Commerce, costs. reporting burden. The purpose of this Congressional and constituent inquiries. Respondent’s Obligation: Mandatory. It also facilitates reporting by NOAA on notice is to allow for 60 days of public Legal Authority: Magnuson-Stevens the Government Performance and comment preceding submission of the Fishery Conservation and Management Results Act ‘‘acres restored’’ collection to OMB. Act of 2006, 16 U.S.C. 1891a and the performance measure. Grant recipients DATES: Fish and Wildlife Coordination Act, 16 To ensure consideration, are required by the NOAA Grants U.S.C. 661, as amended by the comments regarding this proposed Management Division to submit Reorganization Plan No. 4 of 1970. information collection must be received periodic performance reports and a final on or before August 9, 2021. report for each award; this collection IV. Request for Comments ADDRESSES: Interested persons are stipulates the information to be invited to submit written comments to provided in these reports. We are soliciting public comments to Adrienne Thomas, NOAA PRA Officer, permit the Department/Bureau to: (a) There are two progress report forms at [email protected]. Please Evaluate whether the proposed for simplicity. The Performance Report reference OMB Control Number 0648– information collection is necessary for Form focuses on tracking project 0472 in the subject line of your the proper functions of the Department, implementation, milestones, comments. Do not submit Confidential including whether the information will performance measures, monitoring, and Business Information or otherwise have practical utility; (b) Evaluate the expenditures. The Administrative Form sensitive or protected information. accuracy of our estimate of the time and only applies to recipients with an award FOR FURTHER INFORMATION CONTACT: cost burden for this proposed collection, that will implement multiple projects. It including the validity of the Requests for additional information or collects information on the specific questions related to collection methodology and assumptions used; (c) administration of the award, the number Evaluate ways to enhance the quality, activities should be directed to Janine of projects supported by the award, and Harris, Marine Habitat Resource utility, and clarity of the information to award expenditures. The Project be collected; and (d) Minimize the Specialist, Office of Habitat Performance Report and Administration Conservation, Restoration Center, 1315- reporting burden on those who are to Report Forms and Example Report Form respond, including the use of automated East-West Highway, Silver Spring, MD Instructions can be reviewed under the 20910, (301–427–8625) or collection techniques or other forms of Progress Reporting heading at https:// information technology. [email protected]. www.fisheries.noaa.gov/national/ Comments that you submit in SUPPLEMENTARY INFORMATION: habitat-conservation/resources-noaa- response to this notice are a matter of restoration-center-applicants#progress- I. Abstract public record. We will include or reporting. This request is for extension of a summarize each comment in our request currently approved information II. Method of Collection to OMB to approve this ICR. Before collection. The NOAA Restoration including your address, phone number, Center (NOAA RC) is sponsoring this NOAA’s preferred method of email address, or other personal collection. NOAA RC provides technical collection is submission of electronic identifying information in your and financial assistance to identify, fillable forms attached to an award file comment, you should be aware that develop, implement, and evaluate in Grants Online, NOAA’s award your entire comment—including your community-driven habitat restoration management system. personal identifying information—may projects. Awards are made as grants or III. Data be made publicly available at any time. cooperative agreements under the While you may ask us in your comment authority of the Magnuson-Stevens OMB Control Number: 0648–0472. to withhold your personal identifying Fishery Conservation and Management Form Number(s): None. information from public review, we
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cannot guarantee that we will be able to Environmental Compliance Estimated Total Annual Burden do so. Questionnaire for National Oceanic and Hours: 1,030. Atmospheric Administration Federal Estimated Total Annual Cost to Sheleen Dumas, Financial Assistance Applicants Public: $0 in recordkeeping/reporting Department PRA Clearance Officer, Office of (Questionnaire). This Questionnaire is costs. the Chief Information Officer, Commerce Department. used by the National Oceanic and Respondent’s Obligation: Required to Atmospheric Administration (NOAA) to obtain or retain benefits. [FR Doc. 2021–11928 Filed 6–7–21; 8:45 am] collect information about proposed Legal Authority: National BILLING CODE 3510–22–P activities for the purpose of complying Environmental Policy Act (42 U.S.C. with the National Environmental Policy 4321–4370). Act (‘‘NEPA,’’ 42 U.S.C. 4321–4370) and DEPARTMENT OF COMMERCE IV. Request for Comments other environmental compliance National Oceanic and Atmospheric requirements associated with proposed We are soliciting public comments to Administration activities. NEPA requires federal permit the Department/Bureau to: (a) agencies to complete an environmental Evaluate whether the proposed Agency Information Collection analysis for all major federal actions, information collection is necessary for Activities; Submission to the Office of including funding non-federal activities the proper functions of the Department, Management and Budget (OMB) for through federal financial assistance including whether the information will Review and Approval; Comment awards where federal participation in have practical utility; (b) Evaluate the Request; Questionnaire for National the funded activity is expected to be accuracy of our estimate of the time and Oceanic and Atmospheric significant. The Questionnaire is used in cost burden for this proposed collection, Administration Federal Financial conjunction with NOAA Notices of including the validity of the Assistance Applicants Funding Opportunity (NOFO). methodology and assumptions used; (c) The NOFO will indicate the specific Evaluate ways to enhance the quality, AGENCY: National Oceanic & questions to which an applicant must utility, and clarity of the information to Atmospheric Administration (NOAA), respond in one of three ways: (1) The be collected; and (d) Minimize the Commerce. applicable questions are inserted reporting burden on those who are to ACTION: Notice of information collection, directly into the NOFO with reference to respond, including the use of automated request for comment. the OMB Approval Number (0648–0538) collection techniques or other forms of for this form; (2) the NOFO will specify information technology. SUMMARY: The Department of which questions (e.g., 1, 2) an applicant Comments that you submit in Commerce, in accordance with the must answer, with the entire OMB- response to this notice are a matter of Paperwork Reduction Act of 1995 approved Questionnaire attached to the public record. We will include or (PRA), invites the general public and NOFO; or (3) applicants to be summarize each comment in our request other Federal agencies to comment on recommended for funding will be to OMB to approve this ICR. Before proposed, and continuing information required to answer relevant questions including your address, phone number, collections, which helps us assess the from the Questionnaire. The federal email address, or other personal impact of our information collection program officer will determine which identifying information in your requirements and minimize the public’s questions are relevant to each specific comment, you should be aware that reporting burden. The purpose of this applicant. Answers must be provided your entire comment—including your notice is to allow for 60 days of public before the application can be submitted personal identifying information—may comment preceding submission of the for final funding approval. be made publicly available at any time. collection to OMB. This Questionnaire has been revised While you may ask us in your comment DATES: To ensure consideration, to (1) update specific questions to use to withhold your personal identifying comments regarding this proposed plain language, and (2) add questions information from public review, we information collection must be received that would be helpful to a wider range cannot guarantee that we will be able to on or before August 9, 2021. of NOAA programs. do so. ADDRESSES: Interested persons are Sheleen Dumas, invited to submit written comments to II. Method of Collection Adrienne Thomas, NOAA PRA Officer, Department PRA Clearance Officer, Office of The information may be submitted the Chief Information Officer, Commerce at [email protected]. Please electronically or on paper (faxed or Department. reference OMB Control Number 0648– mailed). [FR Doc. 2021–12000 Filed 6–7–21; 8:45 am] 0538 in the subject line of your comments. Do not submit Confidential III. Data BILLING CODE 3510–12–P Business Information or otherwise OMB Control Number: 0648–0538. sensitive or protected information. Form Number(s): None. DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: Type of Review: Regular submission. Requests for additional information or Revision and extension of a current National Oceanic and Atmospheric specific questions related to collection information collection. Administration activities should be directed Frank M. Affected Public: Individuals or Sprtel, (301) 628–1641 or frank.sprtel@ households; Business or other for-profit [RTID 0648–XB144] noaa.gov. organizations; Not-for-profit New England Fishery Management SUPPLEMENTARY INFORMATION: institutions; State, Local, or Tribal Council; Public Meeting government. I. Abstract Estimated Number of Respondents: AGENCY: National Marine Fisheries This request is for a revision and 736. Service (NMFS), National Oceanic and extension of a currently approved Estimated Time per Response: 3.375 Atmospheric Administration (NOAA), information collection through the hours. Commerce.
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ACTION: Notice of public meeting. Administrator on a draft White House potentially adjust herring accountability report titled ‘‘Conserving and Restoring measures. Second, the Council will SUMMARY: The New England Fishery America the Beautiful’’; and (2) discuss receive an update on Framework Management Council (Council, NEFMC) how it applies to fisheries. Related to Adjustment 7, which is an action to will hold a three-day meeting to this report, the Council also will discuss protect adult spawning herring on consider actions affecting New England the Council Coordination Committee’s Georges Bank. Next, the Council will fisheries in the exclusive economic zone (CCC) decision to form a CCC take up 2021–25 Council Research (EEZ). Due to ongoing public safety subcommittee on area-based Priorities by first hearing the SSC’s considerations related to COVID–19, management to address items in the recommendations on research priorities this meeting will be conducted entirely draft White House report related to and then discussing and approving the by webinar. increasing fisheries conservation final list. DATES: The webinar meeting will be through expanded usage of area-based Following the lunch break, the held on Tuesday, Wednesday, and management. Next, the Council will Council will receive the Groundfish Thursday, June 22–24, 2021, beginning receive a presentation on a draft NMFS Report, which will cover three items. at 9 a.m. each day. procedural directive on applying The first item relates to acceptable ADDRESSES: All meeting participants information law to electronic biological catch (ABC) control rules. and interested parties can register to monitoring (EM) data in U.S. fisheries. The Council will receive a presentation join the webinar at https:// The Council will approve comments on on a draft report titled ‘‘Evaluation of attendee.gotowebinar.com/register/ the draft directive. Alternative Harvest Control Rules for 575795962545827087. Following the lunch break, the New England Groundfish,’’ which will Council address: New England Council will receive the Habitat be followed by the SSC’s comments on Fishery Management Council, 50 Water Committee Report, which will include: the ABC control rule presentation and Street, Mill 2, Newburyport, MA 01950; (1) Updates from GARFO, NEFSC, and report. The Council then will discuss telephone: (978) 465–0492; the Bureau of Ocean Energy the draft report, as well as the SSC’s www.nefmc.org. Management (BOEM) on offshore wind- comments, and provide further FOR FURTHER INFORMATION CONTACT: related projects and activities; and (2) guidance as needed on the work being Thomas A. Nies, Executive Director, updates on the Council’s habitat-related done to evaluate an alternative ABC New England Fishery Management work, including efforts to revise the control rule for groundfish. Next, the Council; telephone: (978) 465–0492, ext. Council’s Wind Energy Policy. The Council will receive a progress report on 113. Scallop Committee Report will be next. the Atlantic Cod Stock Structure SUPPLEMENTARY INFORMATION: The Council will discuss and approve Working Groups’ public workshops and research priorities for the 2022–23 other activities. Then, the Council will Agenda Scallop Research Set-Aside (RSA) initiate Framework Adjustment 62 to Tuesday, June 22, 2021 Program. It also will initiate Framework the Groundfish FMP, which will Adjustment 34 to the Atlantic Sea include (1) 2022 total allowable catches After introductions and brief Scallop Fishery Management Plan (TACs) for U.S./Canada shared announcements, the Council will (FMP), which will include 2022 fishery resources on Georges Bank (GB), (2) receive reports on recent activities from specifications, 2023 default 2022–24 specifications for GB cod, Gulf its Chairman and Executive Director, specifications, and other measures. of Maine (GOM) cod, GB haddock, and NMFS’s Greater Atlantic Regional Additionally, the Council will receive a GOM haddock, (3) 2022–23 Fisheries Office (GARFO) Regional short update on work being done to specifications for GB yellowtail and Administrator, the Northeast Fisheries evaluate the scallop fishery’s rotational 2022 specifications for white hake, and Science Center (NEFSC) Director, the area management program. Finally, the (4) other measures. The Council then Mid-Atlantic Fishery Management Council will review a letter from the will adjourn for the day. Council liaison, staff from the Atlantic Scallopers Campaign that was sent to Thursday, June 24, 2021 States Marine Fisheries Commission NMFS requesting secretarial action to (ASMFC), and representatives from implement a scallop leasing program. At The Council will begin the third day NOAA General Counsel, the U.S. Coast the request of GARFO, the Council will of its meeting with the Skate Committee Guard, NOAA’s Office of Law approve a response to this letter. As the Report, which will include three items: Enforcement, the Stellwagen Bank final order of business for the day, the (1) An update on 2022–23 National Marine Sanctuary, and the Council will receive an update from specifications; (2) an update on Northeast Trawl Advisory Panel. Next, GARFO on the 2021 Atlantic Sea Amendment 5 to the Northeast Skate members of the public will have the Scallop Biological Opinion to address Complex FMP; and (3) consideration of opportunity to speak during an open turtle interactions in the fishery. updating the existing control dates for comment period on issues that relate to both the skate wing and skate bait Council business but are not included Wednesday, June 23, 2021 fisheries. Then, the Council will discuss on the published agenda for this The Council will start off the day with and approve comments on a draft NMFS meeting. The Council asks the public to a progress report from its Atlantic policy directive and procedural limit remarks to 3–5 minutes. These Herring Committee, which will begin guidance for financial disclosures and comments will be received through the with a discussion of Framework recusals for regional fishery webinar. A guide for how to publicly Adjustment 9 to the Atlantic Herring management councils. Next, the Council comment through the webinar is FMP. First, the Council will: (1) Receive will hear from its Ecosystem-Based available on the Council website at the Scientific and Statistical Fishery Management (EBFM) https://s3.amazonaws.com/nefmc.org/ Committee’s (SSC) recommendations on Management Strategy Evaluation (MSE) NEFMC-meeting-remote-participation_ herring rebuilding plan alternatives to Steering Committee. The Council will generic.pdf. Following the public address the overfished status of Atlantic review and approve the Steering comment period, the Council will: (1) herring; and (2) receive an update on the Committee’s plan for informational Receive a briefing from the Acting framework’s rebuilding plan workshops using public outreach NOAA Fisheries Assistant alternatives, as well as measures to materials and focusing on potential
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application to a Georges Bank example DEPARTMENT OF COMMERCE the public based upon the complexity of Fishery Ecosystem Plan (eFEP). the requested action. National Oceanic and Atmospheric Total Annual Burden Hours: 259,743. Following the lunch break, the Administration Needs and Uses: This request is for an Council will be briefed on the NOAA extension of a currently approved Fisheries Southeast Region’s for-hire Agency Information Collection information collection, 0648–0151. electronic reporting requirements and Activities; Submission to the Office of The Marine Mammal Protection Act their application to New England Management and Budget (OMB) for of 1972 (MMPA; 16 U.S.C. 1361 et seq.) recreational party/charter vessels that Review and Approval; Comment prohibits the ‘‘take’’ of marine mammals possess permits for South Atlantic Request; Applications and Reporting unless otherwise authorized or species. Next, the Council will receive Requirements for the Incidental Take exempted by law. Among the provisions a presentation from the NMFS Highly of Marine Mammals by Specified that allow for lawful take of marine Migratory Species (HMS) Management Activities Under the Marine Mammal mammals, sections 101(a)(5)(A) and (D) Division on Amendment 13 to the Protection Act of the MMPA direct the Secretary of Consolidated HMS Fishery Management Commerce to allow, upon request, the The Department of Commerce will incidental, but not intentional, taking of Plan, which focuses on bluefin tuna submit the following information issues. The Council will discuss and small numbers of marine mammals by collection request to the Office of U.S. citizens who engage in a specified approve comments on this proposed Management and Budget (OMB) for rule. Immediately following, the activity (other than commercial fishing), review and clearance in accordance within a specified geographical region Council will receive reports on recent with the Paperwork Reduction Act of meetings of NMFS’s HMS Advisory if, after notice and opportunity for 1995, on or after the date of publication public comment, we find that the taking Panel and the Advisory Committee to of this notice. We invite the general will have a negligible impact on the the U.S. Section of the International public and other Federal agencies to affected species or stock(s) and will not Commission for the Conservation of comment on proposed, and continuing have an unmitigable adverse impact on Atlantic Tunas. The Council then will information collections, which helps us the availability of the species or stock(s) close out the meeting with other assess the impact of our information for subsistence uses (where relevant). business. collection requirements and minimize NMFS also must set forth the Although non-emergency issues not the public’s reporting burden. Public permissible methods of taking; other contained on this agenda may come comments were previously requested means of effecting the least practicable before the Council for discussion, those via the Federal Register on January 29, adverse impact on the species or stock issues may not be the subject of formal 2021 (86 FR 7544) during a 60-day and its habitat (mitigation); and comment period. This notice allows for action during this meeting. Council requirements pertaining to the an additional 30 days for public action will be restricted to those issues monitoring and reporting of such taking. comments. NMFS Office of Protected Resources specifically listed in this notice and any Agency: National Oceanic & issues arising after publication of this leads the process for the agency. Atmospheric Administration (NOAA), Issuance of an incidental take notice that require emergency action Commerce. authorization (Authorization) under under section 305(c) of the Magnuson- Title: Applications and Reporting section 101(a)(5)(A) or 101(a)(5)(D) of Stevens Fishery Conservation and Requirements for the Incidental Take of the MMPA requires three sets of Management Act, provided the public Marine Mammals by Specified information collection: (1) A complete has been notified of the Council’s intent Activities Under the Marine Mammal application for an Authorization, as set to take final action to address the Protection Act. forth in our implementing regulations at emergency. The public also should be OMB Control Number: 0648–0151. 50 CFR 216.104, which provides the aware that the meeting will be recorded. Form Number(s): None. information necessary for us to make the Consistent with 16 U.S.C. 1852, a copy Type of Request: Regular submission necessary statutory determinations, of the recording is available upon (extension of a current information including estimates of take and an request. collection). assessment of impacts on the affected Number of Respondents: 699. species and stocks; (2) information Special Accommodations Average Hours per Response: 281 relating to required monitoring; and (3) This meeting is being conducted hours for an Incidental Harassment information related to required Authorization (IHA) application; 30 entirely by webinar. Requests for reporting. These collections of hours for an IHA Interim Draft Report; auxiliary aids should be directed to information enable us to: (1) Evaluate 140 hours for an IHA draft annual the proposed activity’s impact on Thomas A. Nies (see ADDRESSES) at least report; 28 hours for an IHA final annual marine mammals; (2) arrive at the 5 days prior to the meeting date. report (if applicable); 1,200 hours for the appropriate determinations required by Authority: 16 U.S.C. 1801 et seq. initial preparation of an application for the MMPA and other applicable laws Dated: June 3, 2021. new regulations; 70 hours for an annual prior to issuing the authorization; and Letter of Authorization (LOA) (3) monitor impacts of activities for Tracey L. Thompson, application; 225 hours for an LOA draft which we have issued Authorizations to Acting Deputy Director, Office of Sustainable annual report; 70 hours for a LOA final determine if our predictions regarding Fisheries, National Marine Fisheries Service. annual report (if applicable); 640 hours impacts on marine mammals remain [FR Doc. 2021–11986 Filed 6–7–21; 8:45 am] for a LOA draft comprehensive report; valid. BILLING CODE 3510–22–P 300 hours for an LOA final We do not propose any changes to the comprehensive report; 140 hours for a information collection beyond expecting Gulf of Mexico Rule (GOM) draft annual an increased number of respondents and report; 28 hours for a GOM final annual responses due to increases in the report; and 1,540 hours for PAM/PSO number of requests for incidental take Surveys. Response times will vary for authorizations and requests for Letters
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of Authorization from a recent GOM DATES: To ensure consideration, II. Method of Collection rule. comments regarding this proposed The information is in the form of a Affected Public: Business or other for- information collection must be received paper affidavit, which a respondent profit organizations; Not-for-profit by August 9, 2021. creates and retains. institutions; State, Local, or Tribal government; Federal government. ADDRESSES: Interested persons are III. Data Frequency: One application for every invited to submit written comments to OMB Control Number: 0648–0365. LOA or IHA, draft and final annual and Adrienne Thomas, NOAA PRA Officer, Form Number(s): None. comprehensive reports. at [email protected]. Please Respondent’s Obligation: Mandatory. reference OMB Control Number 0648– Type of Review: Regular submission— Legal Authority: Marine Mammal 0551 in the subject line of your extension of a current information Protection Act of 1972 (MMPA, 16 comments. All comments received are collection. U.S.C. 1361 et seq.). part of the public record and will Affected Public: Businesses or other This information collection request generally be posted on for-profit organizations. may be viewed at www.reginfo.gov. www.regulations.gov without change. Estimated Number of Respondents: 414 Follow the instructions to view the Do not submit confidential business Estimated Time per Response: 10 Department of Commerce collections information or otherwise sensitive or minutes. currently under review by OMB. protected information. Written comments and Estimated Total Annual Burden recommendations for the proposed FOR FURTHER INFORMATION CONTACT: Hours: 69. information collection should be Requests for additional information or Estimated Total Annual Cost to submitted within 30 days of the specific questions related to collection Public: $0 in recordkeeping and publication of this notice on the activities should be directed to Adam reporting costs. following website www.reginfo.gov/ Bailey, National Marine Fisheries Respondent’s Obligation: Mandatory. public/do/PRAMain. Find this Service, Southeast Regional Office, Legal Authority: Magnuson-Stevens particular information collection by Sustainable Fisheries Division, 263 13th Act, 16 U.S.C. 1801 et seq. selecting ‘‘Currently under 30-day Ave. South, St. Petersburg, FL 33701, IV. Request for Comments Review—Open for Public Comments’’ or telephone: 727–824–5305, email: by using the search function and [email protected]. We are soliciting public comments to: entering either the title of the collection (a) Evaluate whether the proposed SUPPLEMENTARY INFORMATION: or the OMB Control Number 0648–0151. information collection is necessary for I. Abstract the proper functions of the Department, Sheleen Dumas, including whether the information will Department PRA Clearance Officer, Office of The NMFS Southeast Regional Office have practical utility; (b) Evaluate the the Chief Information Officer, Commerce proposes to extend without revision the accuracy of our estimate of the time and Department. information collection currently cost burden for this proposed collection, [FR Doc. 2021–11953 Filed 6–7–21; 8:45 am] approved under OMB Control Number including the validity of the BILLING CODE 3510–22–P 0648–0365. methodology and assumptions used; (c) Evaluate ways to enhance the quality, The NMFS Southeast Regional Office utility, and clarity of the information to manages commercial fishing in Federal DEPARTMENT OF COMMERCE be collected; and (d) Minimize the waters of the South Atlantic under the reporting burden on those who are to National Oceanic and Atmospheric authority of the Magnuson-Stevens Administration respond, including the use of automated Fishery Conservation and Management collection techniques or other forms of Act (Magnuson-Stevens Act), 16 U.S.C. Agency Information Collection information technology. 1801 et seq. Activities; Submission to the Office of Comments that you submit in Management and Budget for Review Federally permitted seafood dealers response to this notice are a matter of and Approval; Comment Request; who process or sell snapper-grouper public record. We will include or Documentation of Fish Harvest species during seasonal fishery closures summarize each comment in our request in the South Atlantic for those to OMB to approve this ICR. Before AGENCY: NOAA National Marine applicable species must maintain including your address, phone number, Fisheries Service (NMFS), Commerce. documentation, as specified in 50 CFR email address, or other personal ACTION: Notice of information collection, part 300 subpart K and 50 CFR identifying information in your request for comment. 622.192(i), that such fish were harvested comment, you should be aware that from areas other than state or Federal your entire comment—including your SUMMARY: The Department of personal identifying information—may Commerce, in accordance with the waters in the South Atlantic. The applicable snapper-grouper species are be made publicly available at any time. Paperwork Reduction Act of 1995 While you may ask us in your comment (PRA), invites the general public and greater amberjack, gag, black grouper, red grouper, scamp, red hind, rock hind, to withhold your personal identifying other Federal agencies to comment on information from public review, we proposed and continuing information yellowmouth grouper, yellowfin grouper, graysby, and coney. The cannot guarantee that we will be able to collections, which helps us assess the do so. impact of our information collection documentation includes information on requirements and minimize the public’s the vessel that harvested the fish, and Sheleen Dumas, reporting burden. The purpose of this where and when the fish were Department PRA Clearance Officer, Office of notice is to allow for 60 days of public offloaded. NMFS requires the the Chief Information Officer, Commerce comment preceding submission of the information for the enforcement of Department. collection to the Office of Management fishery regulations at 50 CFR 622, [FR Doc. 2021–11999 Filed 6–7–21; 8:45 am] and Budget (OMB) for review. subpart I. BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE requiring both the insignia and the DEPARTMENT OF EDUCATION recordation is to ensure that certain [Docket ID ED–2021–OCR–0068] United States Patent and Trademark fasteners can be traced to their Office manufacturers and to protect against the Request for Information Regarding the sale of mismarked, misrepresented, or Agency Information Collection Nondiscriminatory Administration of counterfeit fasteners. The procedures for School Discipline Activities; Submission to the Office of the recordal of fastener insignia under Management and Budget (OMB) for the FQA are set forth in 15 CFR 280.300 AGENCY: Office for Civil Rights (OCR), Review and Approval; Comment et seq. U.S. Department of Education. Request; Fastener Quality Act Insignia ACTION: Request for information. Recordal Process This information collection covers data gathered by the FQA applications SUMMARY: This notice is a request for The United States Patent and for Recordal of Insignia and the Trademark Office (USPTO) will submit information in the form of written applications for Renewal/Reactivation comments that include information, the following information collection of Recordal. The USPTO uses the request to the Office of Management and research, and suggestions regarding the information in this information administration of school discipline in Budget (OMB) for review and clearance collection to record or renew insignias in accordance with the Paperwork schools serving students in pre-K under the FQA and to maintain the through grade 12. OCR solicits these Reduction Act of 1995, on or after the Fastener Insignia Register, which is date of publication of this notice. The comments to inform determinations open to public inspection. The public about what policy guidance, technical USPTO invites comment on this may download the Fastener Insignia information collection renewal, which assistance, or other resources would Register from the USPTO website at assist schools that serve students in pre- helps the USPTO assess the impact of https://www.uspto.gov/trademark/laws- its information collection requirements K through grade 12 with improving regulations/fastener-quality-act-fqa/ school climate and safety, consistent and minimize the public’s reporting fastener-quality-act-fqa. burden. Public comments were with the civil rights laws that OCR previously requested via the Federal Affected Public: Private sector. enforces, to ensure equal access to Register on January 15, 2021 during a Frequency: On occasion. education programs and activities. OCR 60-day comment period. This notice has promulgated regulations to Respondent’s Obligation: Required to implement civil rights laws and allows for an additional 30 days for obtain or retain benefits. public comments. periodically provides policy guidance Agency: United States Patent and This information collection request and technical assistance to clarify these Trademark Office, Department of may be viewed at www.reginfo.gov. statutory and regulatory requirements. Commerce. Follow the instructions to view Information received through this Title: Fastener Quality Act Insignia Department of Commerce, USPTO request may be used to assist OCR in Recordal Process. information collections currently under preparing further guidance, technical OMB Control Number: 0651–0028. review by OMB. assistance, and other resources. Form Number: Written comments and DATES: We must receive your comments • PTO–1611 (Application for Recordal recommendations for this information on or before July 23, 2021. of Insignia or Renewal/Reactivation of collection should be submitted within ADDRESSES: Written comments may be Recordal Under the Fastener Quality 30 days of the publication of this notice submitted as indicated below: Act) on the following website • Federal eRulemaking Portal: Using Type of Review: Extension and www.reginfo.gov/public/do/PRAMain. the Docket ID number above, please go revision of a currently approved Find this particular information to www.regulations.gov to submit your information collection. collection by selecting ‘‘Currently under comments electronically. Information Number of Respondents: 96 30-day Review—Open for Public on using Regulations.gov, including respondents per year. Comments’’ or by using the search instructions for accessing agency Estimated Time per Response: The function and entering either the title of documents, submitting comments, and USPTO estimates that it will take the the information collection or the OMB viewing the docket, is available on the public approximately 30 minutes (0.5 Control Number 0651–0028. site. • hours) to gather the necessary Further information can be obtained Mail: If you do not have internet information, prepare the form, and by: access or electronic submission is not possible, you may mail written submit the request for recordal or • renewal of a fastener insignia to the Email: InformationCollection@ comments to the Office for Civil Rights, USPTO. uspto.gov. Include ‘‘0651–0028 U.S. Department of Education, Potomac Estimated Total Annual Respondent information request’’ in the subject line Center Plaza (PCP), 550 12th Street SW, Burden Hours: 48 hours. of the message. Washington, DC 20024. Mailed Estimated Total Annual Non-Hour • Mail: Kimberly Hardy, Office of the comments must be postmarked by July Cost Burden: $2,136. Chief Administrative Officer, United 23, 2021, to be accepted. Comments Needs and Uses: Under Section 5 of States Patent and Trademark Office, submitted by email or fax will not be the Fastener Quality Act (FQA) of 1999, P.O. Box 1450, Alexandria, VA 22313– accepted. (15 U.S.C. 5401 et seq.), certain 1450. Privacy Note: The Department’s industrial fasteners must bear an policy is to make all electronic insignia identifying the manufacturer. It Kimberly Hardy, comments received from members of the is also mandatory for manufacturers of Information Collections Officer, Office of the public available for public viewing in fasteners covered by the FQA to submit Chief Administrative Officer, United States their entirety on the Federal an application to the USPTO for Patent and Trademark Office. eRulemaking Portal at recordal of the insignia on the Fastener [FR Doc. 2021–11933 Filed 6–7–21; 8:45 am] www.regulations.gov. Therefore, Insignia Register. The purpose of BILLING CODE 3510–16–P commenters should be careful to
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include in their comments only OCR fulfills its mission to protect guidance emphasized the requirements information that they wish to make civil rights in many ways, including by of Titles IV and VI of the Civil Rights publicly available. (1) responding to civil rights complaints Act of 1964, which protect students FOR FURTHER INFORMATION CONTACT: filed by members of the public; (2) from race, color, or national origin Alejandro Reyes, Director, Program proactively conducting compliance discrimination, and discussed both Legal Group, Office for Civil Rights, reviews and directed investigations to racial and national origin discrimination Potomac Center Plaza (PCP), Room enforce Federal civil rights laws; (3) due to different treatment of, and 6125, 550 12th Street SW, Washington, monitoring recipients’ adherence to unjustified disparate impacts on, DC 20024. Telephone: (202) 245–7272. resolution agreements reached with students of color. The guidance also Email: [email protected]. OCR; (4) issuing policy guidance to noted how the growing and If you use a telecommunications increase recipients’ understanding of disproportionate use of exclusionary device for the deaf (TDD) or a text their civil rights obligations and discipline policies, such as in-school telephone (TTY), please call the Federal students’ and families’ awareness of and out-of-school suspensions, caused Relay Service (FRS), toll free, at 1–800– students’ civil rights; (5) providing students to lose instructional time and 877–8339. technical assistance and other created the potential for significant, If you have difficulty understanding information to recipients and the public; negative educational and other long- English, you may request language and (6) administering and disseminating term impacts that contributed to the assistance services for Department the Civil Rights Data Collection (CRDC). school-to-prison pipeline. information that is available to the OCR develops policy guidance based In 2018, OCR and CRT issued a Dear public. These language assistance on legal developments, its enforcement Colleague letter that rescinded the 2014 services are available free of charge. If work, and civil rights data trends. In guidance.3 This rescission followed a you need more information about addition, OCR develops policy report and recommendations issued by interpretation or translation services, guidance, technical assistance, and the 2018 Federal Commission on School please call 1–800–USA–LEARN (1–800– other informational materials in Safety.4 In 2018, OCR also issued a 872–5327) (TTY: 1–800–877–8339). response to compliance concerns raised question-and-answer document with SUPPLEMENTARY INFORMATION: by public inquiries, requests for information on how OCR assesses a school’s compliance with Title VI with I. Background technical assistance, and engagement with a wide array of education and civil respect to the administration of school A. OCR’s Role in Enforcing Federal Civil rights stakeholders. OCR’s policy discipline.5 Rights Laws guidance and technical assistance are U.S. Government Accountability OCR enforces Federal civil rights laws designed to ensure that every student Office (GAO) and the U.S. Commission and their implementing regulations, has equal access to education programs on Civil Rights (USCCR): GAO released including those that prohibit and activities free from discrimination. a report in March 2018 in which it discrimination based on race, color, or These guidance and technical assistance analyzed CRDC discipline data from the national origin (Title VI of the Civil documents are available on OCR’s 2013–14 school year. This report found Rights Act of 1964, 42 U.S.C. 2000d et website at www.ed.gov/ocr/frontpage/ that Black students, boys, and students seq., 34 CFR part 100) (Title VI); sex faq/readingroom.html. with disabilities were (Title IX of the Education Amendments disproportionately disciplined B. OCR and Other Federal Agency ‘‘regardless of the type of disciplinary of 1972, 20 U.S.C. 1681 et seq., 34 CFR Policy Guidance on the part 106); disability (Section 504 of the action, level of school poverty, or type Nondiscriminatory Administration of of public school attended.’’ 6 Rehabilitation Act of 1973, 29 U.S.C. School Discipline 794, 34 CFR part 104, Title II of the Likewise, in its 2019 report— Americans with Disabilities Act of 1990, As described below, OCR and other BEYOND SUSPENSIONS: Examining 42 U.S.C. 12131 et seq., 28 CFR part Federal agencies have taken multiple School Discipline Policies and 35); 1 and age (Age Discrimination Act approaches to analyze and address Connections to the School-to-Prison of 1975, 42 U.S.C. 6101 et seq., 34 CFR longstanding issues related to the Pipeline for Students of Color with part 110). These laws prohibit nondiscriminatory administration of Disabilities—the USCCR found that: discrimination in the programs or school discipline and the creation of Students of color as a whole, as well as activities of schools and other entities positive school climates. by individual racial group, do not that receive Federal financial assistance OCR and the U.S. Department of commit more disciplinable offenses from the Department (recipients), or, in Justice Civil Rights Division (CRT): In than their white peers—but black the case of Title II, are public entities, 2014, following input from a wide array students, Latino students, and Native regardless of whether they receive of stakeholders, OCR and CRT jointly American students in the aggregate Federal financial assistance. released a Dear Colleague letter on the receive substantially more school These laws apply to a wide range of nondiscriminatory administration of discipline than their white peers and entities, including all State educational school discipline and related materials agencies (SEAs); approximately 17,600 (‘‘guidance’’) to identify, avoid, and 3 Dear Colleague letter (December 21, 2018) local educational agencies (LEAs); over remedy discrimination based on race, available at https://www2.ed.gov/about/offices/list/ color, or national origin in the ocr/letters/colleague-201812.pdf. 5,000 postsecondary institutions; 80 4 Federal Commission on School Safety listening State vocational rehabilitation agencies administration of school discipline and session transcripts, report and recommendations are and their subrecipients; and other create a positive school climate.2 The available at https://www.ed.gov/school-safety. institutions that receive Departmental 5 OCR’s Questions and Answers on Racial financial assistance, such as libraries, 2 Dear Colleague Letter on Nondiscriminatory Discrimination and School Discipline (December Administration of School Discipline (January 8, 21, 2018) is available at https://www2.ed.gov/about/ museums, and correctional institutions. 2014) (rescinded) available at https://www2.ed.gov/ offices/list/ocr/docs/qa-title-vi-201812.pdf. about/offices/list/ocr/letters/colleague-201401-title- 6 U.S. Government Accountability Office, K–12 1 OCR shares, with DOJ, responsibility for vi.html. See also, ED–DOJ School Discipline Education: Discipline Disparities for Black compliance with Title II with regard to educational Guidance package website (archived) available at Students, Boys, and Students with Disabilities, 12 institutions. 28 CFR subpart 35.190(b)(2); 28 CFR https://www2.ed.gov/policy/gen/guid/school- (March 2018) available at https://www.gao.gov/ subparts 35.172–35.174. discipline/fedefforts.html#guidance. products/gao-18-258.
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receive harsher and longer punishments services.10 By contrast, White students comprehensive approach to advancing than their white peers receive for like accounted for 47 percent of overall equity for all, including people of color offenses.7 student enrollment but received and others who have been historically OCR’s Civil Rights Data Collection comparatively fewer expulsions: 36 underserved, marginalized, and (CRDC): OCR’s most recent analysis of percent of all expulsions and 41 percent adversely affected by persistent poverty discipline data from the 2017–18 CRDC of students who were expelled without and inequality.’’ 11 shows that these racial disparities educational services. American Indian Consistent with this approach, OCR is persist. In particular, the data show that or Alaska Native students received issuing this notice to solicit information students of color are disproportionately expulsions at rates (1.1 percent and 1.8 on school climate and discipline subjected to disciplinary actions in percent, respectively) that were slightly practices in our nation’s schools serving contrast to their White peers.8 With higher than their share of total student students in pre-K through grade 12, and respect to referrals to law enforcement, enrollment (1.0 percent). how best to support and build schools’ which includes school-based arrests and Disparities worsen when you examine capacity to promote positive, inclusive, the issuance of citations and tickets, the intersection between race and sex. safe, and supportive school climates in CRDC data revealed that in 2017–18, According to the 2017–18 CRDC data, a nondiscriminatory manner. Black girls were the only group across Black students represented only 15 II. Solicitation of Comments percent of the total student enrollment all races or ethnicities for girls where a but accounted for 29 percent of all disparity in school suspensions was A. Information Solicited students referred to law enforcement— observed. Black girls accounted for 11.1 The Department requests information almost twice their share of overall percent of in-school suspensions and from students, families, educators, student enrollment. White students, on 13.3 percent of out-of-school school leaders, SEAs, LEAs, the other hand, accounted for 47 percent suspensions, which is almost two times community-based organizations, civil of total student enrollment in 2017–18, their share of total student enrollment of rights organizations, and other but only 38 percent of referrals to law 7.4 percent. Black boys accounted for stakeholders regarding the ongoing enforcement. 7.7 percent of total student enrollment discipline challenges in our nation’s These disparities in referrals to law and received both in-school suspensions schools. OCR is also interested in enforcement are apparent in the and out-of-school suspensions at rates learning about discipline issues arising treatment of students with disabilities as (20.1 percent and 24.9 percent, during this unprecedented time of well. Students served under the respectively) almost three times their school closures, virtual learning, hybrid Individuals with Disabilities Education share of total student enrollment—the learning, and reopening schools during Act (IDEA) 9 represented 13 percent of largest disparity across all race/ethnicity the COVID–19 pandemic, as well as total student enrollment but 27 percent and sex groupings. promising practices for addressing of students referred to law enforcement Students with disabilities were also student discipline and creating positive in 2017–18. During that school year, overrepresented in exclusionary school climates in these unique learning Black students with disabilities disciplinary actions as shown by CRDC environments. represented 18 percent of all students data from 2017–18. Despite representing In particular, OCR is soliciting provided services under IDEA but 32 only 13 percent of the student responses to the questions and requests percent of those who were referred to population, they represented 25 percent below in the form of written comments law enforcement. of all students who received one or to inform determinations about what With respect to other exclusionary more out-of-school suspensions and 15 policy guidance, technical assistance, or discipline practices, CRDC data from percent of those who were expelled other resources would aid schools 2017–18 show that Black students without educational services in 2017– serving students in pre-K through grade represented 38 percent of students who 18. Black students with disabilities 12 in providing positive, inclusive, safe, received one or more out-of-school represented 26 percent of expulsions and supportive school climates and suspensions—over two times their share without educational services although ensuring the nondiscriminatory of overall student enrollment (15 they accounted for only 18 percent of all administration of school discipline percent). In addition, Black students students provided services under IDEA under the laws OCR enforces. accounted for 36 percent of all in 2017–18. expulsions and 33 percent of students B. Instructions for Responding to This who were expelled without educational C. Commitment to Equity and This Request for Information Request for Information When responding to this request for 7 U.S. Commission on Civil Rights, BEYOND On January 20, 2021, President Joe information, please be as specific as SUSPENSIONS: Examining School Discipline Biden issued an Executive Order On possible in your comments. If you are Policies and Connections to the School-to-Prison Pipeline for Students of Color with Disabilities, 161 Advancing Racial Equity and Support aware of any supportive research (July 23, 2019), https://www.usccr.gov/pubs/2019/ for Underserved Communities Through (qualitative or quantitative) or 07-23-Beyond-Suspensions.pdf. the Federal Government to affirm the promising school- or community-based 8 In 2017–18, 50.9 million students were enrolled Administration’s policy of and programs, please include citations, in pre-K through grade 12 in public schools across the country. The data and all percentages are from commitment to pursuing ‘‘a websites, or other information that the 2017–18 CRDC released in October 2020 and might enable OCR to follow up on the updated in May 2021. Downloadable data files of 10 The 2017–18 CRDC collected expulsions data information you have shared. information from the CRDC are available at https:// for students who were expelled with education OCR recognizes students may www2.ed.gov/about/offices/list/ocr/docs/crdc-2017- services, students who were expelled without 18.html. The definitions used by the CRDC can be educational services, and students who were experience multiple forms of found at https://crdc.communities.ed.gov/ expelled under zero-tolerance policies. A zero- #communities/pdc/documents/17270. tolerance policy is a policy that results in 11 Executive Order 13985 On Advancing Racial 9 The Office of Special Education Programs mandatory expulsion from a student’s regular Equity and Support for Underserved Communities (OSEP) in the Department’s Office of Special school for the remainder of the school year or Through the Federal Government (January 20, Education and Rehabilitative Services (OSERS) longer if the student commits one or more specified 2021), available at https://www.federalregister.gov/ administers the IDEA. For information about the offenses. Examples of specified offenses include documents/2021/01/25/2021-01753/advancing- IDEA, please see osep.communities.ed.gov and those involving guns or other weapons, violence, or racial-equity-and-support-for-underserved- www.ed.gov/osers/osep/index.html. similar factors, or combinations of these factors. communities-through-the-federal-government.
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discrimination at once and encourages resource officers, or other law courses, arts and theater, and extra- commenters to identify and address enforcement. curricular programming; (j) impact of individual and intersectional (g) Referrals to alternative schools and discipline records on access to discrimination as appropriate. This programs. scholarships or on enrollment in might include, for example, comments (h) Threat assessment practices. college; (k) student participation in on disproportionate discipline of (i) Students bringing weapons or ceremonies (for example, graduation students of a certain race, color, or using them at school. ceremonies and National Honor Society national origin who are also male, (j) Use of surveillance technologies in ceremonies); and (l) life outcomes (for female, LGBTQI+, and/or who are also a discriminatory manner. example, earnings, reliance on public students with disabilities. (k) School policies or practices related support, income, employment If you are commenting on materials to teacher and staff training related to opportunities, and housing)? that OCR has issued in the past, please discipline, the role teachers play in 8. To what extent can hiring and indicate if you believe OCR should referrals of students for discipline, and professional development practices be consider affirming, changing, or the role of implicit bias in disciplinary designed and aligned to ensure that rejecting such materials in future decisions. teachers and staff are adequately guidance, and the reasons for your (l) Discipline related to attendance prepared to manage classrooms and recommendations. and time management. work with students in a fair and Please do not submit comments (m) Discipline of victims of race, equitable manner? focused on OCR’s handling of color, or national origin harassment, sex 9. Describe any data collection, complaints filed with OCR as this topic harassment, or disability harassment for analysis, or record-keeping practices is beyond the scope of this request for misconduct that arises as a result of that you believe are helpful in information and will not be considered. such harassment. identifying and addressing disparities in (n) Zero tolerance or strict, three- discipline. Conversely, describe any C. Request for Information strike policies. barriers or limitations in these areas, Please address one or more of the (o) Reintegration of students who and any ideas you may have on how to following questions or requests: return to school after a long-term out-of- overcome them. 1. What are your views on the school suspension or expulsion. III. Conclusion usefulness of current and previous (p) Discipline issues relating to virtual guidance OCR and CRT have issued on learning. OCR appreciates the contributions of school discipline? We would appreciate (q) Discipline issues relating to students, families, educators, school your comments on the guidance returning to in-person instruction. leaders, SEAs, LEAs, community-based documents described above, including (r) Discipline issues relating to organizations, civil rights organizations, the 2014 guidance, the 2018 Dear activities off school campus or in virtual and others to this request for Colleague letter, and the 2018 Questions school settings, such as bullying information. We will review every & Answers on Racial Discrimination and through social media usage. comment, and, as described above, School Discipline guidance. 5. What types of guidance and electronic comments in response to this 2. What ongoing or emerging school technical assistance can OCR provide to request for information will be publicly discipline policies or practices are best help SEAs and LEAs create available on the Federal eRulemaking relevant to you or the communities you positive, inclusive, safe, and supportive Portal at www.regulations.gov. serve, including any that you believe school climates and identify, address, Please note that OCR will not directly raise concerns about potentially and remedy discriminatory student acknowledge or respond to comments, discriminatory implementation or discipline policies and practices (for including comments that contain effects on students’ access to example, Dear Colleague letters, specific questions or inquiries. OCR educational opportunities based on race, Frequently Asked Questions documents, issues a limited number of policy color, national origin, sex, or disability? fact sheets, tool kits, videos on the guidance and technical assistance 3. What promising practices for the nondiscriminatory administration of documents each year. Receipt of administration of nondiscriminatory school discipline or positive school comments in response to this request for school discipline or creating positive climate, and guidance on returning information does not imply that OCR school climates have you identified? students to in-person instruction)? has decided to issue policy guidance, 4. What are your views on this non- 6. What promising practices that have technical assistance, or other resources. exhaustive list of disciplinary policies, reduced the use of discipline or the Accessible Format: On request to the practices, and other issues below? disparities in the use of discipline program contact person listed under FOR (a) Discipline of students in pre-K between different groups of students FURTHER INFORMATION CONTACT, through third grade, including in-school (including promising evidence-based individuals with disabilities can obtain and out-of-school suspensions. programs and success stories from this document in an accessible format. (b) Use of exclusionary disciplinary particular school districts) should OCR The Department will provide the penalties, such as suspensions or consider highlighting in any future requestor with an accessible format that expulsions, for minor, non-violent, or guidance or resource materials? may include Rich Text Format (RTF) or subjectively defined types of infractions, 7. How do school discipline policies text format (txt), a thumb drive, an MP3 such as defiance or disrespect of impact (a) students’ opportunity to file, braille, large print, audiotape, or authority. learn; (b) academic achievement; (c) compact disc, or other accessible format. (c) Discipline issues relating to dress students’ mental health; (d) drop out Electronic Access to This Document: and grooming codes (including and graduation rates; (e) school climate The official version of this document is restrictions on hairstyles). and safety; (f) access to instructional the document published in the Federal (d) Corporal punishment. time; (g) teacher retention and Register. You may access the official (e) Inappropriate use of seclusion and satisfaction; (h) the rates at which staff edition of the Federal Register and the restraint for disciplinary purposes. refer students for formal discipline; (i) Code of Federal Regulations at (f) Referrals to and the resulting student participation in STEM courses, www.govinfo.gov. At this site you can interactions with school police, school honors and advanced placement view this document, as well as all other
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documents of the Department published feature at www.federalregister.gov. DEPARTMENT OF ENERGY in the Federal Register, in text or Specifically, through the advanced Portable Document Format (PDF). To search feature at this site, you can limit Change in Control use PDF, you must have Adobe Acrobat your search to documents published by Reader, which is available free at the the Department. site. Suzanne B. Goldberg, You may also access documents of the Acting Assistant Secretary for Civil Rights. Department published in the Federal [FR Doc. 2021–11990 Filed 6–7–21; 8:45 am] Register by using the article search BILLING CODE 4000–01–P
Cameron LNG, LLC ...... 11–145–LNG Cameron LNG, LLC ...... 11–162–LNG Cameron LNG, LLC ...... 14–204–LNG Cameron LNG, LLC ...... 15–36–LNG Cameron LNG, LLC ...... 15–67–LNG Cameron LNG, LLC ...... 15–90–LNG Cameron LNG, LLC ...... 19–62–LNG Ecogas Mexico, S. de R.L. de C.V ...... 19–45–NG ECA Liquefaction, S. de R.L. de C.V ...... 18–144–LNG Energı´a Costa Azul, S. de R.L. de C.V ...... 18–145–LNG Port Arthur LNG, LLC ...... 15–53–LNG Port Arthur LNG, LLC ...... 15–96–LNG Port Arthur LNG, LLC ...... 18–162–LNG Port Arthur LNG Phase II, LLC ...... 20–23–LNG Sempra Gas & Power Marketing, LLC ...... 20–43–NG Sempra LNG International, LLC ...... 19–65–LNG Sempra LNG Marketing, LLC ...... 20–52–LNG Termoelectrica de Mexicali, S. de R.L. de C.V ...... 20–145–NG Vista Pacifico LNG, S.A.P.I de C.V ...... 20–153–LNG
AGENCY: Office of Fossil Energy, ADDRESSES: Electronic Filing by email: Independence Avenue SW, Department of Energy. [email protected]. Washington, DC 20585, (202) 586– Although DOE has routinely accepted 9793, cassandra.bernstein@ ACTION: Notice of change in control. public comment submissions through a hq.doe.gov variety of mechanisms, including postal SUMMARY: The Office of Fossil Energy SUPPLEMENTARY INFORMATION: (FE) of the Department of Energy (DOE) mail and hand delivery/courier, the gives notice of receipt of a Statement of Department has found it necessary to Summary of Change in Control make temporary modifications to the Change in Control filed jointly on April The Authorization Holders state that 30, 2021 (Statement) (as supplemented comment submission process in light of the ongoing Covid-19 pandemic. DOE is the upstream ownership change on May 3 and May 19, 2021) by the described in the Statement is the result following entities: Cameron LNG, LLC; currently accepting only electronic submissions at this time. If a commenter of the acquisition (Transaction) by KKR Ecogas Mexico, S. de R.L. de C.V.; ECA Pinnacle Aggregator L.P. (KKR Liquefaction, S. de R.L. de C.V.; Energı´a finds that this change poses an undue hardship, please contact Office of Fossil Pinnacle), a subsidiary of KKR & Co. Costa Azul, S. de R.L. de C.V.; Port Inc. (together with its subsidiaries, Arthur LNG, LLC; Port Arthur LNG Energy staff at (202) 586–2627 or (202) 586–4749 to discuss the need for KKR), of a non-controlling 20% interest Phase II, LLC; Sempra Gas & Power in the equity of the reorganized Sempra Marketing, LLC; Sempra LNG alternative arrangements. Once the Covid-19 pandemic health emergency is Global Holdings, LP (Sempra Global), a International, LLC; Sempra LNG subsidiary of Sempra. Marketing, LLC; Termolectrica de resolved, DOE anticipates resuming all Mexicali, S. de R.L. de C.V.; and Vista of its regular options for public According to the Authorization Pacifico LNG, S.A.P.I de C.V. comment submission, including postal Holders, the Transaction is part of a (collectively, Authorization Holders) in mail and hand delivery/courier. series of integrated transactions the above-referenced dockets. The FOR FURTHER INFORMATION CONTACT: involving Sempra’s portfolio of Authorization Holders are all affiliates Amy Sweeney or Jennifer Wade, U.S. Northern American energy of Sempra Energy (Sempra). The Department of Energy (FE–34), Office infrastructure projects. Prior to the Statement, as supplemented, describes a of Regulation, Analysis, and closing of the Transaction, Sempra will change in the Authorization Holders’ Engagement, Office of Fossil Energy, conduct an internal reorganization to upstream ownership. The Statement Forrestal Building, Room 3E–042, consolidate the assets of its liquefied was filed under the Natural Gas Act 1000 Independence Avenue SW, natural gas (LNG) business and its (NGA). Washington, DC 20585, (202) 586– ownership in Infraestructura Energe´tica 2627; (202) 586–4749, amy.sweeney@ Nova, S.A.B. de C.V. (IEnova) under DATES: Protests, motions to intervene, or hq.doe.gov or jennifer.wade@ Sempra Global, which will be renamed notices of intervention, as applicable, hq.doe.gov Sempra Infrastructure Partners (SIP). and written comments are to be filed Cassandra Bernstein, U.S. Department of The Authorization Holders state that, as electronically as detailed in the Public Energy (GC–76), Office of the part of the integrated transactions, on Comment Procedures section no later Assistant General Counsel for April 26, 2021, Sempra launched a than 4:30 p.m., Eastern time, June 23, Electricity and Fossil Energy, stock-for-stock exchange offer with the 2021. Forrestal Building, 1000 intent of acquiring the outstanding
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shares in IEnova that it does not supplemented.3 Protests, motions to Signed in Washington, DC, on June 2, currently own. intervene, notices of intervention, and 2021. Following the reorganization and written comments are invited in Treena V. Garrett, consummation of the Transaction, KKR response to this notice only as to the Federal Register Liaison Officer, U.S. Pinnacle will own a 20% non- change in control described in the Department of Energy. controlling equity interest in SIP. Post- Statement, as supplemented. All [FR Doc. 2021–11909 Filed 6–7–21; 8:45 am] consummation, Sempra will maintain protests, comments, motions to BILLING CODE 6450–01–P control of SIP as the 80% owner, with intervene, or notices of intervention KKR Pinnacle having certain minority must meet the requirements specified by DEPARTMENT OF ENERGY protections. DOE’s regulations in 10 CFR part 590. Additional details can be found in the As noted, DOE is only accepting Notice of Request for Information (RFI) Statement and related supplements, electronic submissions at this time. on Hydrogen Program’s posted on the DOE/FE website at: Please email the filing to fergas@ Demonstration Opportunities Aligned https://www.energy.gov/sites/default/ hq.doe.gov. All filings must include a With Hydrogen Energy Earthshot files/2021-05/Sempra%20 reference to ‘‘FE Docket Nos. 11–145– Initiative CIC%20Statement%20%284.30. LNG, et al.’’ in the title line, or AGENCY: Office of Energy Efficiency and 2021%29.pdf; https://www.energy.gov/ ‘‘Cameron LNG, LLC, et al. Change in sites/default/files/2021-05/ Renewable Energy, Office of Fossil Control’’ in the title line. Please Note: Energy, Office of Nuclear Energy, Office Sempra%20Supplement%20to Please include all related documents %20CIC%20Statement%20%285.3. of Electricity, Office of Science, and attachments (e.g., exhibits) in the 2021%29%20%28002%29.pdf; https:// Department of Energy. original email correspondence. Please www.energy.gov/sites/default/files/ ACTION: Request for information. do not include any active hyperlinks or 2021-05/Supplemental%20Service%20 password protection in any of the SUMMARY: The U.S. Department of re%20CIC%20Statement%20%285. Energy (DOE) invites public comment 19.2021%29.pdf. documents or attachments related to the filing. All electronic filings submitted to on its Request for Information (RFI) DOE/FE Evaluation DOE must follow these guidelines to number DE–FOA–0002529 regarding the ensure that all documents are filed in a DOE’s Hydrogen Energy Earthshot DOE/FE will review the Statement, as initiative to enable low cost, clean supplemented, in accordance with its timely manner. Any hardcopy filing submitted greater in length than 50 hydrogen at scale. Energy Earthshots Procedures for Changes in Control being launched by DOE look beyond Affecting Applications and pages must also include, at the time of the filing, a digital copy on disk of the incremental advances and aim, instead, Authorizations to Import or Export at the game-changing breakthroughs that 1 entire submission. Natural Gas (CIC Procedures). will secure American leadership in Consistent with the CIC Procedures, this The Authorization Holders’ enabling net-zero carbon technologies notice addresses the Authorization Statement, the supplements thereto, and and address the climate crisis through Holders’ various existing authorizations any filed protests, motions to intervene, the build-up of a clean and equitable to export LNG to non-free trade notices of intervention, and comments energy future for all. The information agreement (non-FTA) countries, as will be available electronically by going being sought is intended to assist DOE’s identified in the Statement.2 If no to the following DOE/FE Web address: Hydrogen Program in further defining interested person protests the change in https://www.energy.gov/fe/services/ the scope and priorities of its initiatives control and DOE takes no action on its natural-gas-regulation. to accelerate the production, storage, own motion, the proposed change in delivery, and end use of clean, control will be deemed granted 30 days Signing Authority affordable hydrogen in the United after publication in the Federal This document of the Department of States. Specifically, this RFI seeks input Register. If one or more protests are Energy was signed on June 2, 2021, by on viable hydrogen demonstration and submitted, DOE will review any deployment projects, as well as science motions to intervene, protests, and Amy R. Sweeney, Director, Office of Regulation, Analysis, and Engagement, and innovation, that enable clean and answers, and will issue a determination affordable hydrogen production, as to whether the proposed change in Office of Oil and Natural Gas, pursuant to delegated authority from the infrastructure and end use to reduce control has been demonstrated to render emissions, create jobs, provide benefits Secretary of Energy. That document the underlying authorizations to disadvantaged communities, and with the original signature and date is inconsistent with the public interest. enable a net-zero carbon emissions maintained by DOE. For administrative economy by 2050. This is solely a Public Comment Procedures purposes only, and in compliance with request for information and not a requirements of the Office of the Federal Interested persons will be provided 15 Funding Opportunity Announcement days from the date of publication of this Register, the undersigned DOE Federal (FOA). DOE is not accepting notice in the Federal Register to move Register Liaison Officer has been applications. to intervene, protest, and answer the authorized to sign and submit the DATES: Responses to the RFI must be Authorization Holders’ Statement, as document in electronic format for publication, as an official document of received by July 7, 2021 by 5:00 p.m. ADDRESSES: Interested parties are to 1 79 FR 65541 (Nov. 5, 2014). the Department of Energy. This 2 The Authorization Holders’ Statement also administrative process in no way alters submit comments electronically to applies to: (1) Their various existing authorizations the legal effect of this document upon [email protected]. Include ‘‘HFTO to export LNG to FTA countries, and (2) their publication in the Federal Register. RFI’’ in the subject line of the email. various pending applications to export LNG to FTA Email attachments can be provided as a and/or non-FTA countries, both as identified in the Statement. DOE/FE will respond to those portions 3 Intervention, if granted, would constitute Microsoft Word (.docx) file or an Adobe of the Statement separately pursuant to the CIC intervention only in the change in control portion PDF (.pdf) file, prepared in accordance Procedures, 79 FR 65542. of these proceedings, as described herein. with the detailed instructions in the
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RFI. Documents submitted • Additional Information DEPARTMENT OF ENERGY electronically should clearly indicate Specific questions can be found in the which topic areas and specific questions RFI. The RFI is available at: https://eere- Federal Energy Regulatory are being addressed, and should be exchange.energy.gov/. Commission limited to no more than 25 MB in size. Confidential Business Information: The complete RFI [DE–FOA–0002529] Pursuant to 10 CFR 1004.11, any person [Docket No. CD21–6–000] document is located at https://eere- submitting information that he or she exchange.energy.gov/. believes to be confidential and exempt North Loup River Public Power and FOR FURTHER INFORMATION CONTACT: by law from public disclosure should Irrigation District; Notice of Preliminary Questions may be addressed to submit via email two well-marked Determination of a Qualifying Conduit [email protected] or to Michael copies: One copy of the document Hydropower Facility and Soliciting Hahn at 240–562–1551. Further marked ‘‘confidential’’ including all the Comments and Motions To Intervene instruction can be found in the RFI information believed to be confidential, document posted on EERE Exchange at and one copy of the document marked On May 21, 2021, North Loup River https://eere-exchange.energy.gov/. ‘‘non-confidential’’ with the information Public Power and Irrigation District SUPPLEMENTARY INFORMATION: There are believed to be confidential deleted. filed a notice of intent to construct a extensive opportunities to produce Submit these documents via email. DOE qualifying conduit hydropower facility, will make its own determination about clean hydrogen from diverse domestic pursuant to section 30 of the Federal the confidential status of the resources, and both the DOE Hydrogen Power Act (FPA). The proposed North information and treat it according to its Program and industry have identified Loup Canal Hydroelectric Project would opportunities for using that clean determination. Signing Authority: This document of have an installed capacity of 30 hydrogen across multiple applications kilowatts (kW), and would be located in and sectors. The Hydrogen Program is the Department of Energy was signed on May 24, 2021, by Dr. Sunita Satyapal, the applicant’s existing North Loup interested in hearing from stakeholders, Main Canal in Valley County, Nebraska. which of these areas would provide Director, Hydrogen and Fuel Cells potential locations for near-term, large- Technology Office, Office of Energy Applicant Contact: Amos Lange, 128 scale, clean hydrogen demonstration Efficiency and Renewable Energy North 16th Street, Ord, NE 68862, pursuant to delegated authority from the projects, where near-term refers to Email: [email protected]. Secretary of Energy. That document deployment in the next few years. The with the original signature and date is FERC Contact: Christopher Chaney, purpose of this RFI is to solicit feedback maintained by DOE. For administrative Phone No. (202) 502–6778, Email: from industry, investors, developers, purposes only, and in compliance with [email protected]. academia, research laboratories, requirements of the Office of the Federal government agencies, and other Qualifying Conduit Hydropower Register, the undersigned DOE Federal stakeholders on potential hydrogen Facility Description: The proposed Register Liaison Officer has been demonstration projects and their project would consist of: (1) Four authorized to sign and submit the associated locations, including approximately 1.8-meter by 2.3-meter by document in electronic format for 2.4-meter hydrokinetic turbine modules potentially ideal locations in the United publication, as an official document of States. Specifically, DOE is requesting with a total capacity of 30 kW; and (2) the Department of Energy. This appurtenant facilities. The proposed input on the following categories: administrative process in no way alters • project would have an estimated annual Regional Hydrogen Production, the legal effect of this document upon generation of approximately 130 Resources, and Infrastructure publication in the Federal Register. • End Users for Hydrogen in the Region, megawatt-hours. Signed in Washington, DC, on May 27, Cost, and Value Propositions A qualifying conduit hydropower • Greenhouse Gas and Pollutant 2021. Treena V. Garrett, facility is one that is determined or Emissions Reduction Potential deemed to meet all the criteria shown in • Diversity, Equity, Inclusion (DEI), Federal Register Liaison Officer, U.S. the table below. Jobs, and Environmental Justice Department of Energy. • Science and Innovation Needs and [FR Doc. 2021–11604 Filed 6–7–21; 8:45 am] Challenges BILLING CODE 6450–01–P
TABLE 1—CRITERIA FOR QUALIFYING CONDUIT HYDROPOWER FACILITY
Satisfies Statutory provision Description (Y/N)
FPA 30(a)(3)(A) ...... The conduit the facility uses is a tunnel, canal, pipeline, aqueduct, flume, ditch, or similar Y manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity. FPA 30(a)(3)(C)(i) ...... The facility is constructed, operated, or maintained for the generation of electric power and Y uses for such generation only the hydroelectric potential of a non-federally owned conduit. FPA 30(a)(3)(C)(ii) ...... The facility has an installed capacity that does not exceed 40 megawatts ...... Y FPA 30(a)(3)(C)(iii) ...... On or before August 9, 2013, the facility is not licensed, or exempted from the licensing re- Y quirements of Part I of the FPA.
Preliminary Determination: The which is used to distribute water for proposal satisfies the requirements for a proposed North Loup Canal agricultural irrigation. Therefore, based qualifying conduit hydropower facility, Hydroelectric Project will not alter the upon the above criteria, Commission which is not required to be licensed or primary purpose of the conduit system, staff preliminarily determines that the exempted from licensing.
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Comments and Motions to Intervene: Commission in this proceeding, in Description: Revised Refund Report of Deadline for filing comments contesting accordance with 18 CFR 385.2010. Dayton Power and Light Company. whether the facility meets the qualifying Locations of Notice of Intent: The Filed Date: 6/1/21. criteria is 30 days from the issuance Commission provides all interested Accession Number: 20210601–5388. date of this notice. persons an opportunity to view and/or Comments Due: 5 p.m. ET 6/22/21. Deadline for filing motions to print the contents of this document via Docket Numbers: ER20–2288–001. intervene is 30 days from the issuance the internet through the Commission’s Applicants: Tatanka Ridge Wind, date of this notice. website at http://www.ferc.gov/docs- LLC. Anyone may submit comments or a filing/elibrary.asp. Enter the docket Description: Tatanka Ridge Wind, LLC motion to intervene in accordance with number (i.e., CD21–6) in the docket submits Supplemental Information re the requirements of Rules of Practice number field to access the document. Notice of Non-Material Change in and Procedure, 18 CFR 385.210 and You may also register online at http:// Status. 385.214. Any motions to intervene must www.ferc.gov/docs-filing/ Filed Date: 5/12/21. be received on or before the specified esubscription.asp to be notified via Accession Number: 20210512–5074. deadline date for the particular email of new filings and issuances Comments Due: 5 p.m. ET 6/23/21. proceeding. related to this or other pending projects. Docket Numbers: ER21–2051–000. Filing and Service of Responsive Copies of the notice of intent can be Applicants: Tri-State Generation and Documents: All filings must (1) bear in obtained directly from the applicant. At Transmission Association, Inc. all capital letters the ‘‘COMMENTS this time, the Commission has Description: Tariff Cancellation: CONTESTING QUALIFICATION FOR A suspended access to the Commission’s Notice of Cancellation of Service CONDUIT HYDROPOWER FACILITY’’ Public Reference Room due to the Agreement Nos. 801 and 802 (Final) to or ‘‘MOTION TO INTERVENE,’’ as proclamation declaring a National be effective 12/31/9998. applicable; (2) state in the heading the Emergency concerning the Novel Filed Date: 6/1/21. name of the applicant and the project Coronavirus Disease (COVID–19), issued Accession Number: 20210601–5260. number of the application to which the by the President on March 13, 2020. For Comments Due: 5 p.m. ET 6/22/21. assistance, call toll-free 1–866–208– filing responds; (3) state the name, Docket Numbers: ER21–2052–000. 3676 or email FERCOnlineSupport@ address, and telephone number of the Applicants: PJM Interconnection, ferc.gov. For TTY, call (202) 502–8659. person filing; and (4) otherwise comply L.L.C. with the requirements of sections Dated: June 2, 2021. Description: § 205(d) Rate Filing: 385.2001 through 385.2005 of the Debbie-Anne A. Reese, Original WMPA, Service Agreement No. 1 Commission’s regulations. All Deputy Secretary. 6081; Queue No. AF2–246 to be comments contesting Commission staff’s [FR Doc. 2021–11989 Filed 6–7–21; 8:45 am] effective 5/4/2021. preliminary determination that the BILLING CODE 6717–01–P Filed Date: 6/2/21. facility meets the qualifying criteria Accession Number: 20210602–5004. must set forth their evidentiary basis. Comments Due: 5 p.m. ET 6/23/21. The Commission strongly encourages DEPARTMENT OF ENERGY Docket Numbers: ER21–2053–000. electronic filing. Please file motions to Applicants: ITC Midwest LLC. intervene and comments using the Federal Energy Regulatory Description: MISO Schedule 50 Cost Commission’s eFiling system at http:// Commission Recovery Filing of ITC Midwest, LLC. www.ferc.gov/docs-filing/efiling.asp. Filed Date: 6/1/21. Combined Notice of Filings #1 Commenters can submit brief comments Accession Number: 20210601–5368. up to 6,000 characters, without prior Take notice that the Commission Comments Due: 5 p.m. ET 6/22/21. registration, using the eComment system received the following electric rate at http://www.ferc.gov/docs-filing/ Docket Numbers: ER21–2054–000. filings: ecomment.asp. You must include your Applicants: ITC Midwest LLC. name and contact information at the end Docket Numbers: ER18–1639–009. Description: MISO Schedule 50 Cost Applicants: Constellation Mystic of your comments. For assistance, Recovery Filing of ITC Midwest, LLC. Power, LLC. please contact FERC Online Support at Filed Date: 6/1/21. Description: Compliance filing: [email protected], (866) Accession Number: 20210601–5369. Fourth Compliance Filing to be effective 208–3676 (toll free), or (202) 502–8659 Comments Due: 5 p.m. ET 6/22/21. 6/1/2022. Docket Numbers: ER21–2055–000. (TTY). In lieu of electronic filing, you Filed Date: 6/2/21. may send a paper copy. Submissions Applicants: ITC Midwest LLC. Accession Number: 20210602–5098. Description: MISO Schedule 50 Cost sent via the U.S. Postal Service must be Comments Due: 5 p.m. ET 6/23/21. addressed to: Kimberly D. Bose, Recovery Filing of ITC Midwest, LLC. Docket Numbers: ER19–2716–001; Filed Date: 6/1/21. Secretary, Federal Energy Regulatory ER19–1398–001; ER19–2717–001; Commission, 888 First Street NE, Room Accession Number: 20210601–5370. ER20–1399–001. Comments Due: 5 p.m. ET 6/22/21. 1A, Washington, DC 20426. Applicants: Madison BTM, LLC, Submissions sent via any other carrier Madison ESS, LLC, Rumford ESS, LLC, Docket Numbers: ER21–2056–000. must be addressed to: Kimberly D. Bose, Ocean State BTM, LLC. Applicants: ITC Midwest LLC. Secretary, Federal Energy Regulatory Description: Notice of Change in Description: MISO Schedule 50 Cost Commission, 12225 Wilkins Avenue, Status of Madison BTM, LLC, et al. Recovery Filing of ITC Midwest, LLC. Rockville, MD 20852. A copy of all Filed Date: 6/1/21. Filed Date: 6/1/21. other filings in reference to this Accession Number: 20210601–5382. Accession Number: 20210601–5371. application must be accompanied by Comments Due: 5 p.m. ET 6/22/21. Comments Due: 5 p.m. ET 6/22/21. proof of service on all persons listed in Docket Numbers: ER20–1150–002. Docket Numbers: ER21–2057–000. the service list prepared by the Applicants: The Dayton Power and Applicants: ITC Midwest LLC. Light Company, PJM Interconnection, Description: MISO Schedule 50 Cost 1 18 CFR 385.2001–2005 (2020). L.L.C. Recovery Filing of ITC Midwest, LLC.
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Filed Date: 6/1/21. Costs for 2020 for NERC and the Jennifer Post, Esq., 77 Beale St., San Accession Number: 20210601–5372. Regional Entities. Francisco, CA 94105; (415) 973–9809; Comments Due: 5 p.m. ET 6/22/21. Filed Date: 6/1/21. email at [email protected]. Docket Numbers: ER21–2058–000. Accession Number: 20210601–5381. h. FERC Contact: Benjamin Mann at Applicants: Michigan Electric Comments Due: 5 p.m. ET 6/22/21. (202) 502–8127; or email at Transmission Company LLC. The filings are accessible in the [email protected]. Description: MISO Schedule 50 Cost Commission’s eLibrary system (https:// i. PG&E filed its request to use Recovery Filing of Michigan Electric elibrary.ferc.gov/idmws/search/ Traditional Licensing Process on April Transmission Company, LLC. fercgensearch.asp) by querying the 19, 2021. PG&E provided public notice Filed Date: 6/1/21. docket number. of its request on simultaneously. In a Accession Number: 20210601–5373. Any person desiring to intervene or letter dated June 2, 2021 the Director of Comments Due: 5 p.m. ET 6/22/21. protest in any of the above proceedings the Division of Hydropower Licensing approved PG&E’s request to use the Docket Numbers: ER21–2059–000. must file in accordance with Rules 211 and 214 of the Commission’s Traditional Licensing Process. Applicants: ITC Midwest LLC. j. With this notice, we are initiating Regulations (18 CFR 385.211 and Description: MISO Schedule 50 Cost informal consultation with the U.S. Fish 385.214) on or before 5:00 p.m. Eastern Recovery Filing of ITC Midwest, LLC. and Wildlife Service and/or NOAA time on the specified comment date. Filed Date: 6/1/21. Fisheries under section 7 of the Protests may be considered, but Accession Number: 20210601–5374. Endangered Species Act and the joint intervention is necessary to become a Comments Due: 5 p.m. ET 6/22/21. agency regulations thereunder at 50 party to the proceeding. Docket Numbers: ER21–2060–000. CFR, part 402; and NOAA Fisheries eFiling is encouraged. More detailed Applicants: Duke Energy Ohio, Inc., under section 305(b) of the Magnuson- information relating to filing PJM Interconnection, L.L.C. Stevens Fishery Conservation and requirements, interventions, protests, Description: § 205(d) Rate Filing: Management Act and implementing Duke Ohio submits Interconnection service, and qualifying facilities filings regulations at 50 CFR 600.920. We are Agreement, SA No. 3141 with EKPC to can be found at: http://www.ferc.gov/ also initiating consultation with the be effective 5/3/2021. docs-filing/efiling/filing-req.pdf. For California State Historic Preservation Filed Date: 6/2/21. other information, call (866) 208–3676 Officer, as required by section 106, Accession Number: 20210602–5036. (toll free). For TTY, call (202) 502–8659. National Historic Preservation Act, and Comments Due: 5 p.m. ET 6/23/21. Dated: June 2, 2021. the implementing regulations of the Docket Numbers: ER21–2061–000. Debbie-Anne A. Reese, Advisory Council on Historic Applicants: Northern Indiana Public Deputy Secretary. Preservation at 36 CFR 800.2. Service Company. [FR Doc. 2021–11993 Filed 6–7–21; 8:45 am] k. With this notice, we are designating Description: § 205(d) Rate Filing: BILLING CODE 6717–01–P PG&E as the Commission’s non-federal Filing of a CIAC Agreement to be representative for carrying out informal effective 6/1/2021. consultation pursuant to section 7 of the Filed Date: 6/2/21. DEPARTMENT OF ENERGY Endangered Species Act and section Accession Number: 20210602–5084. 305(b) of the Magnuson-Stevens Fishery Comments Due: 5 p.m. ET 6/23/21. Federal Energy Regulatory Conservation and Management Act; and Docket Numbers: ER21–2062–000. Commission consultation pursuant to section 106 of Applicants: Alabama Power [Project No.175–029] the National Historic Preservation Act. Company. l. PG&E filed a Pre-Application Description: Tariff Cancellation: Pacific Gas and Electric Company; Document (PAD; including a proposed Raven Solar Development (Wilcox Notice of Intent To File License process plan and schedule) with the Solar) LGIA Termination Filing to be Application, Filing of Pre-Application Commission, pursuant to 18 CFR 5.6 of effective 6/2/2021. Document, Approving Use of the the Commission’s regulations. Filed Date: 6/2/21. Traditional Licensing Process m. A copy of the PAD may be viewed Accession Number: 20210602–5105. and/or printed on the Commission’s Comments Due: 5 p.m. ET 6/23/21. a. Type of Filing: Notice of Intent to website (http://www.ferc.gov), using the File License Application and Request to ‘‘eLibrary’’ link. Enter the docket Docket Numbers: ER21–2063–000. Use the Traditional Licensing Process. number, excluding the last three digits Applicants: Alabama Power b. Project No.: P–175–029. in the docket number field to access the Company. c. Date Filed: April 19, 2021. document. At this time, the Commission Description: Tariff Cancellation: d. Submitted by: Pacific Gas and has suspended access to the Raven Solar Development (Taylor Solar) Electric Company (PG&E). Commission’s Public Reference Room, LGIA Termination Filing to be effective e. Name of Project: Balch due to the proclamation declaring a 6/2/2021. Hydroelectric Project. National Emergency concerning the Filed Date: 6/2/21. Location: On the North Fork King Novel Coronavirus Disease (COVID–19), Accession Number: 20210602–5106. River, in Fresno County, California. The issued on March 13, 2020. For Comments Due: 5 p.m. ET 6/23/21. project occupies 506.28 of federal land assistance, contact FERC Online Take notice that the Commission administered by the United States Support at FERCOnlineSupport@ received the following electric Department of Agriculture, Forest ferc.gov, (866) 208–3676 (toll free), or reliability filings: Service. (202) 502–8659 (TTY). Docket Numbers: RR21–5–000. f. Filed Pursuant to: 18 CFR 5.3 and n. The licensee states its unequivocal Applicants: North American Electric 5.5 of the Commission’s regulations. intent to submit an application for a Reliability Corporation. g. Potential Applicant Contact(s): new license for Project No. P–175–029. Description: North American Electric Mareen Zawalick, 77 Beale St., San Pursuant to 18 CFR 16.8, 16.9, and 16.10 Reliability Corporation’s Report of Francisco, CA 94105; (805) 545–4242; each application for a new license and Comparisons of Budgeted to Actual email at [email protected]; or any competing license applications
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must be filed with the Commission at Commenters can submit brief comments appurtenant facilities for navigation least 24 months prior to the expiration up to 6,000 characters, without prior safety and operation. of the existing license. All applications registration, using the eComment system On October 22, 2020, Verdant for license for this project must be filed at https://ferconline.ferc.gov/ installed three turbine-generator units by April 30, 2024. QuickComment.aspx. You must include attached to one tri-frame mount under o. Register online at https:// your name and contact information at the existing pilot project license. ferconline.ferc.gov/FERCOnline.aspx to the end of your comments. For Between October 2020 and January be notified via email of new filing and assistance, please contact FERC Online 2021, the pilot project generated about issuances related to this or other Support at FERCOnlineSupport@ 90 megawatt-hours. Under the current pending projects. For assistance, contact ferc.gov, (866) 208–3676 (toll free), or pilot project license, Verdant is required FERC Online Support. (202) 502–8659 (TTY). In lieu of to remove all project facilities, including triframe mounts and turbines, prior to Dated: June 2, 2021. electronic filing, you may submit a paper copy. Submissions sent via the the expiration of its pilot project license. Kimberly D. Bose, U.S. Postal Service must be addressed The proposed project would consist of Secretary. to: Kimberly D. Bose, Secretary, Federal a maximum of fifteen 35-kilowatt, 5- [FR Doc. 2021–11951 Filed 6–7–21; 8:45 am] Energy Regulatory Commission, 888 meter-diameter axial flow turbine- BILLING CODE 6717–01–P First Street NE, Washington, DC 20426. generator units with a total installed Submissions sent via any other carrier capacity of 0.525 megawatt, with must be addressed to: Kimberly D. Bose, underwater cables connecting five DEPARTMENT OF ENERGY Secretary, Federal Energy Regulatory triframe mounts to two shoreline Commission, 12225 Wilkins Avenue, switchgear vaults. The project would Federal Energy Regulatory Rockville, Maryland 20852. The first operate using the natural tidal currents Commission page of any filing should include docket of the East River, during both ebb and [Project No. 12611–014] number P–12611–014. flood tidal periods. As the direction of The Commission’s Rules of Practice tidal flow changes, each turbine- Verdant Power, LLC; Notice of require all intervenors filing documents generator unit would rotate (or yaw) to Application Ready for Environmental with the Commission to serve a copy of align the rotor to the direction of flow, Analysis and Soliciting Comments, that document on each person on the through a passive system caused by Recommendations, Terms and official service list for the project. hydrodynamic forces on the turbine- Conditions, and Prescriptions Further, if an intervenor files comments generator unit. The annual generation is or documents with the Commission expected to be from 840 to 1,200 Take notice that the following relating to the merits of an issue that megawatt-hours. hydroelectric application has been filed may affect the responsibilities of a m. A copy of the application can be with the Commission and is available particular resource agency, they must viewed on the Commission’s website at for public inspection. also serve a copy of the document on http://www.ferc.gov using the a. Type of Application: Subsequent that resource agency. ‘‘eLibrary’’ link. Enter the docket Minor License. k. This application has been accepted number excluding the last three digits in b. Project No.: P–12611–014. and is now ready for environmental the docket number field to access the c. Date filed: December 30, 2019. analysis. document. For assistance, contact FERC d. Applicant: Verdant Power, LLC The Council on Environmental Online Support. (Verdant Power). Quality (CEQ) issued a final rule on July All filings must (1) bear in all capital e. Name of Project: Roosevelt Island 15, 2020, revising the regulations under letters the title ‘‘COMMENTS,’’ ‘‘REPLY Tidal Energy Project (RITE Project). 40 CFR parts 1500–1518 that federal COMMENTS,’’ f. Location: On the East River in New agencies use to implement NEPA (see ‘‘RECOMMENDATIONS,’’ ‘‘TERMS York County, New York. The project Update to the Regulations Implementing AND CONDITIONS,’’ or does not occupy federal land. the Procedural Provisions of the ‘‘PRESCRIPTIONS;’’ (2) set forth in the g. Filed Pursuant to: Federal Power National Environmental Policy Act, 85 heading the name of the applicant and Act 16 U.S.C. 791(a)–825(r). FR 43304). The Final Rule became the project number of the application to h. Applicant Contact: Mr. Ronald F. effective on and applies to any NEPA which the filing responds; (3) furnish Smith, President and Chief Operating process begun after September 14, 2020. the name, address, and telephone Officer, Verdant Power, LLC, P.O. Box An agency may also apply the number of the person submitting the 282, Roosevelt Island, New York, New regulations to ongoing activities and filing; and (4) otherwise comply with York 10044. Phone: (703) 328–6842. environmental documents begun before the requirements of 18 CFR 385.2001 Email: [email protected]. September 14, 2020, which includes the through 385.2005. All comments, i. FERC Contact: Andy Bernick at RITE Project. Commission staff intends recommendations, terms and conditions (202) 502–8660, or andrew.bernick@ to conduct its NEPA review in or prescriptions must set forth their ferc.gov. accordance with CEQ’s new regulations. evidentiary basis and otherwise comply j. Deadline for filing comments, l. The existing pilot project license, with the requirements of 18 CFR 4.34(b). recommendations, terms and which expires on December 31, 2021, Agencies may obtain copies of the conditions, and prescriptions: 60 days authorizes the following project application directly from the applicant. from the issuance date of this notice; facilities: (a) Thirty 35-kilowatt, 5- Each filing must be accompanied by reply comments are due 105 days from meter-diameter axial flow turbine- proof of service on all persons listed on the issuance date of this notice. generator units; (b) ten triframe mounts, the service list prepared by the The Commission strongly encourages each supporting three turbine-generator Commission in this proceeding, in electronic filing. Please file comments, units; (c) 480-volt underwater cables accordance with 18 CFR 4.34(b) and recommendations, terms and from each triframe mount to five 385.2010. conditions, and prescriptions using the shoreline switchgear vaults that You may also register online at http:// Commission’s eFiling system at https:// interconnect to a control room and www.ferc.gov/docs-filing/ ferconline.ferc.gov/FERCOnline.aspx. interconnection points; and (d) esubscription.asp to be notified via
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email of new filings and issuances Year and future Delivery Years, in Dated: June 2, 2021. related to this or other pending projects. accordance with PJM’s Open Access Debbie-Anne A. Reese, For assistance, contact FERC Online Transmission Tariff and in a just and Deputy Secretary. Support. reasonable manner, all as more fully [FR Doc. 2021–11995 Filed 6–7–21; 8:45 am] n. The applicant must file no later explained in its complaint. BILLING CODE 6717–01–P than 60 days following the date of The Complainant certify that copies of issuance of this notice: (1) A copy of the the complaint were served on the water quality certification; (2) a copy of contacts listed for Respondent in the DEPARTMENT OF ENERGY the request for certification, including Commission’s list of Corporate Officials. proof of the date on which the certifying Federal Energy Regulatory agency received the request; or (3) Any person desiring to intervene or to Commission evidence of waiver of water quality protest this filing must file in certification. Please note that the accordance with Rules 211 and 214 of [Docket No. ER21–1953–000] certification request must comply with the Commission’s Rules of Practice and 40 CFR 121.5(b), including Procedure (18 CFR 385.211, 385.214). Heartland Divide Wind II, LLC; documentation that a pre-filing meeting Protests will be considered by the Supplemental Notice That Initial request was submitted to the certifying Commission in determining the Market-Based Rate Filing Includes authority at least 30 days prior to appropriate action to be taken, but will Request for Blanket Section 204 submitting the certification request. not serve to make protestants parties to Authorization Please also note that the certification the proceeding. Any person wishing to This is a supplemental notice in the request must be sent to the certifying become a party must file a notice of above-referenced proceeding of authority and to the Commission intervention or motion to intervene, as Heartland Divide Wind II, LLC’s concurrently. appropriate. The Respondent’s answer application for market-based rate o. Procedural schedule: The and all interventions, or protests must authority, with an accompanying rate application will be processed according be filed on or before the comment date. tariff, noting that such application to the following schedule. Revisions to The Respondent’s answer, motions to includes a request for blanket the schedule will be made as intervene, and protests must be served authorization, under 18 CFR part 34, of appropriate. on the Complainant. future issuances of securities and Milestone Target date The Commission strongly encourages assumptions of liability. electronic filings of comments, protests Any person desiring to intervene or to Deadline for Filing Comments, August 2021. and interventions in lieu of paper using protest should file with the Federal Recommendations, and the ‘‘eFiling’’ link at http:// Energy Regulatory Commission, 888 Agency Terms and Condi- tions/Prescriptions. www.ferc.gov. Persons unable to file First Street NE, Washington, DC 20426, Deadline for Filing Reply Com- September 2021. electronically may mail similar in accordance with Rules 211 and 214 ments. pleadings to the Federal Energy of the Commission’s Rules of Practice Regulatory Commission, 888 First Street and Procedure (18 CFR 385.211 and Dated: June 2, 2021. NE, Washington, DC 20426. Hand 385.214). Anyone filing a motion to Kimberly D. Bose, delivered submissions in docketed intervene or protest must serve a copy Secretary. proceedings should be delivered to of that document on the Applicant. Notice is hereby given that the [FR Doc. 2021–11955 Filed 6–7–21; 8:45 am] Health and Human Services, 12225 Wilkins Avenue, Rockville, Maryland deadline for filing protests with regard BILLING CODE 6717–01–P 20852. to the applicant’s request for blanket In addition to publishing the full text authorization, under 18 CFR part 34, of future issuances of securities and DEPARTMENT OF ENERGY of this document in the Federal assumptions of liability, is June 22, Register, the Commission provides all 2021. Federal Energy Regulatory interested persons an opportunity to The Commission encourages Commission view and/or print the contents of this electronic submission of protests and document via the internet through the [Docket No. EL21–79–000] interventions in lieu of paper, using the Commission’s Home Page (http:// FERC Online links at http:// Illinois Municipal Electric Agency v. www.ferc.gov) using the ‘‘eLibrary’’ link. www.ferc.gov. To facilitate electronic PJM Interconnection, L.L.C.; Notice of Enter the docket number excluding the service, persons with internet access Complaint last three digits in the docket number who will eFile a document and/or be field to access the document. At this Take notice that on May 28, 2021, listed as a contact for an intervenor pursuant to sections 206, 306, and 309 time, the Commission has suspended must create and validate an of the Federal Power Act, 16 U.S.C. access to the Commission’s Public eRegistration account using the 824e, 825e, and 825h and Rule 206 of Reference Room, due to the eRegistration link. Select the eFiling the Federal Energy Regulatory proclamation declaring a National link to log on and submit the Commission’s (Commission) Rules of Emergency concerning the Novel intervention or protests. Practice and Procedure, 18 CFR 385.206, Coronavirus Disease (COVID–19), issued Persons unable to file electronically Illinois Municipal Electric Agency by the President on March 13, 2020. For may mail similar pleadings to the (IMEA or Complainant) filed a formal assistance, contact the Federal Energy Federal Energy Regulatory Commission, complaint against PJM Interconnection, Regulatory Commission at 888 First Street NE, Washington, DC L.L.C. (PJM or Respondent), requesting [email protected], or call 20426. Hand delivered submissions in that PJM properly administer the toll-free, (886) 208–3676 or TTY, (202) docketed proceedings should be payment of Incremental Capacity 502–8659. delivered to Health and Human Transfer Rights to IMEA without Comment Date: 5:00 p.m. Eastern Services, 12225 Wilkins Avenue, reduction in the 2021/2022 Delivery Time on June 17, 2021. Rockville, Maryland 20852.
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In addition to publishing the full text Rodenticide Act (FIFRA). This industry; pesticide users; and members of this document in the Federal cancellation order follows a March 10, of the public interested in the sale, Register, the Commission provides all 2021 Federal Register Notice of Receipt distribution, or use of pesticides. Since interested persons an opportunity to of Requests from the registrants listed in others also may be interested, the view and/or print the contents of this Table 2 of Unit II. to voluntarily cancel Agency has not attempted to describe all document via the internet through the these product registrations. In the March the specific entities that may be affected Commission’s Home Page (http:// 10, 2021 notice, EPA indicated that it by this action. www.ferc.gov) using the ‘‘eLibrary’’ link. would issue an order implementing the Enter the docket number excluding the cancellations, unless the Agency B. How can I get copies of this document last three digits in the docket number received substantive comments within and other related information? field to access the document. At this the 30-day comment period that would The docket for this action, identified time, the Commission has suspended merit its further review of these by docket identification (ID) number access to the Commission’s Public requests, or unless the registrants EPA–HQ–OPP–2021–0132, is available Reference Room, due to the withdrew their requests. The Agency at http://www.regulations.gov or at the proclamation declaring a National did not receive any comments on the Office of Pesticide Programs Regulatory Emergency concerning the Novel notice. Further, the registrants did not Coronavirus Disease (COVID–19), issued Public Docket (OPP Docket) in the withdraw their requests. Accordingly, Environmental Protection Agency by the President on March 13, 2020. For EPA hereby issues in this notice a assistance, contact the Federal Energy Docket Center (EPA/DC), West William cancellation order granting the Jefferson Clinton Bldg., Rm. 3334, 1301 Regulatory Commission at requested cancellations. This Constitution Ave. NW, Washington, DC [email protected] or call cancellation order terminates the last 20460–0001. The Public Reading Room toll-free, (886) 208–3676 or TTY, (202) cryolite and propazine products is open from 8:30 a.m. to 4:30 p.m., 502–8659. registered in the United States. Any Monday through Friday, excluding legal distribution, sale, or use of the products Dated: June 2, 2021. holidays. The telephone number for the subject to this cancellation order is Debbie-Anne A. Reese, Public Reading Room is (202) 566–1744, permitted only in accordance with the Deputy Secretary. and the telephone number for the OPP terms of this order, including any [FR Doc. 2021–11992 Filed 6–7–21; 8:45 am] Docket is (703) 305–5805. Due to the existing stocks provisions. BILLING CODE 6717–01–P public health concerns related to DATES: The cancellations are effective COVID–19, the EPA Docket Center June 8, 2021. (EPA/DC) and Reading Room is closed ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: to visitors with limited exceptions. The AGENCY Carolyn Smith, Pesticide Re-Evaluation staff continues to provide remote Division (7508P), Office of Pesticide [EPA–HQ–OPP–2021–0132; FRL–10024–48] customer service via email, phone, and Programs, Environmental Protection webform. For the latest status Cryolite and Propazine; Product Agency, 1200 Pennsylvania Ave. NW, information on EPA/DC services and Cancellation Order for Certain Washington, DC 20460–0001; telephone docket access, visit https:// Pesticide Registrations number: (703) 347–8325; email address: www.epa.gov/dockets. [email protected]. AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: II. What action is the Agency taking? Agency (EPA). ACTION: Notice. I. General Information This notice announces the cancellation, as requested by registrants, A. Does this action apply to me? SUMMARY: This notice announces EPA’s of products registered under FIFRA order for the cancellations, voluntarily This action is directed to the public section 3 (7 U.S.C. 136a) or 24(c) (7 requested by the registrants and in general, and may be of interest to a U.S.C. 136v(c)). These registrations are accepted by the Agency, of the products wide range of stakeholders including listed in sequence by registration listed in Table 1 of Unit II., pursuant to environmental, human health, and number (or company number and 24(c) the Federal Insecticide, Fungicide, and agricultural advocates; the chemical number) in Table 1 of this unit.
TABLE 1—PRODUCT CANCELLATIONS
EPA registration No. Product name Chemical name
10163–41 ...... Prokil Cryolite 96 ...... Cryolite. 10163–225 ...... Gowan Cryolite Bait ...... Cryolite. 10163–242 ...... Prokil Cryolite 75-Dust ...... Cryolite. 10163–243 ...... Prokil Cryolite 50-Dust ...... Cryolite. 42750–148 ...... Propazine 4L ...... Propazine. 42750–149 ...... Propazine Technical ...... Propazine. 91813–32 ...... Kryocide Insecticide ...... Cryolite. FL000011 ...... Prokil Cryolite 96 ...... Cryolite.
Table 2 of this unit includes the this unit, in sequence by EPA company numbers of the products listed in Table names and addresses of record for all number. This number corresponds to 1 of this unit. registrants of the products in Table 1 of the first part of the EPA registration
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TABLE 2—REGISTRANTS OF CANCELLED PRODUCTS
EPA company No. Company name and address
10163 ...... Gowan Company, P.O. Box 5569, Yuma, AZ 85366. 42750 ...... Albaugh, LLC, P.O. Box 2127, Valdosta, GA 31604–2127. 91813 ...... UPL NA, Inc., 630 Freedom Business Ctr., # 402, King of Prussia, PA 19406.
III. Summary of Public Comments products subject to this order are as CONTACT PERSON FOR MORE INFORMATION: Received and Agency Response to follows. Judith Ingram, Press Officer. Telephone: Comments The registrants may continue to sell (202) 694–1220. and distribute existing stocks of the During the public comment period cryolite products listed in Table 1 of Authority: Government in the Sunshine provided, EPA received no comments in Unit II. until December 8, 2022, which Act, 5 U.S.C. 552b. response to the March 10, 2021 Federal is 18 months after the publication of the Laura E. Sinram, Register notice announcing the Cancellation Order in the Federal Acting Secretary and Clerk of the Agency’s receipt of the requests for Register. The registrants may continue voluntary cancellations of products Commission. to sell and distribute existing stocks of [FR Doc. 2021–12041 Filed 6–4–21; 11:15 am] listed in Table 1 of Unit II. the propazine products listed in Table 1 BILLING CODE 6715–01–P IV. Cancellation Order of Unit II. Until June 8, 2022, which is 1 year after the publication of the Pursuant to FIFRA section 6(f) (7 Cancellation Order in the Federal U.S.C. 136d(f)), EPA hereby approves Register. Thereafter, the registrants are FEDERAL MARITIME COMMISSION the requested cancellations of the prohibited from selling or distributing registrations identified in Table 1 of products listed in Table 1, except for Notice of Agreements Filed Unit II. Accordingly, the Agency hereby export in accordance with FIFRA orders that the product registrations section 17 (7 U.S.C. 136o), or proper identified in Table 1 of Unit II. are The Commission hereby gives notice disposal. Persons other than the of the filing of the following agreements canceled. The effective date of the registrants may sell, distribute, or use cancellations that are the subject of this under the Shipping Act of 1984. existing stocks of products listed in Interested parties may submit notice is June 8, 2021. Any distribution, Table 1 of Unit II. until existing stocks comments, relevant information, or sale, or use of existing stocks of the are exhausted, provided that such sale, documents regarding the agreements to products identified in Table 1 of Unit II. distribution, or use is consistent with the Secretary by email at Secretary@ in a manner inconsistent with any of the the terms of the previously approved fmc.gov, or by mail, Federal Maritime provisions for disposition of existing labeling on, or that accompanied, the Commission, Washington, DC 20573. stocks set forth in Unit VI. will be a canceled products. violation of FIFRA. Comments will be most helpful to the Authority: 7 U.S.C. 136 et seq. Commission if received within 12 days V. What is the Agency’s authority for Dated: May 27, 2021. of the date this notice appears in the taking this action? Mary Reaves, Federal Register. Copies of agreements Section 6(f)(1) of FIFRA (7 U.S.C. Director, Pesticide Re-Evaluation Division, are available through the Commission’s 136d(f)(1)) provides that a registrant of Office of Pesticide Programs. website (www.fmc.gov) or by contacting a pesticide product may at any time [FR Doc. 2021–11919 Filed 6–7–21; 8:45 am] the Office of Agreements at (202)–523– request that any of its pesticide BILLING CODE 6560–50–P 5793 or [email protected]. registrations be canceled or amended to Agreement No.: 201361. terminate one or more uses. FIFRA Agreement Name: Port of Los Angeles further provides that, before acting on FEDERAL ELECTION COMMISSION Data Delivery Agreement. the request, EPA must publish a notice of receipt of any such request in the Sunshine Act Meeting Parties: The City of Los Angeles Federal Register. Thereafter, following Harbor Department, acting by and the public comment period, the EPA TIME AND DATE: Thursday, June 10, 2021 through the Executive Director of its Administrator may approve such a at 10:00 a.m. Harbor Department; PierPASS LLC, request. The notice of receipt for this PLACE: Virtual meeting. Note: Because of APMT Terminals Pacific Ltd.; Fenix action was published for comment in the COVID–19 pandemic, we will Marine Services, Ltd.; Everport the Federal Register of March 10, 2021 conduct the open meeting virtually. If Terminal Services, Inc.; Trapac LLC; (86 FR 13714) (FRL–10020–72). The you would like to access the meeting, West Basin Container Terminal LLC; comment period closed on April 9, see the instructions below. and Yusen Terminals LLC. 2021. STATUS: This meeting will be open to the Synopsis: The agreement authorizes public. To access the virtual meeting, go terminals who are tenants of the Port of VI. Provisions for Disposition of to the Commission’s website Existing Stocks Los Angeles to provide the Port with www.fec.gov and click on the banner to truck data from the tenants’ terminal Existing stocks are those stocks of be taken to the meeting page. gate transactions. The parties request registered pesticide products which are MATTERS TO BE CONSIDERED: Motion to expedited review. currently in the United States and Amend Directive 68 to Include which were packaged, labeled, and Additional Information in Quarterly Proposed Effective Date: 7/17/2021. released for shipment prior to the Status Reports to Commission. Location: https://www2.fmc.gov/ effective date of the cancellation action. Management and Administrative FMC.Agreements.Web/Public/ The existing stocks provisions for the Matters. AgreementHistory/43505.
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Dated: June 3, 2021. Board of Governors of the Federal Reserve FEDERAL RESERVE SYSTEM Rachel E. Dickon, System, June 3, 2021. Secretary. Ann Misback, Formations of, Acquisitions by, and [FR Doc. 2021–11975 Filed 6–7–21; 8:45 am] Secretary of the Board. Mergers of Bank Holding Companies BILLING CODE 6730–02–P [FR Doc. 2021–12011 Filed 6–7–21; 8:45 am] BILLING CODE 6210–01–P The companies listed in this notice have applied to the Board for approval, FEDERAL RESERVE SYSTEM pursuant to the Bank Holding Company FEDERAL RESERVE SYSTEM Act of 1956 (12 U.S.C. 1841 et seq.) Notice of Proposals To Engage in or (BHC Act), Regulation Y (12 CFR part To Acquire Companies Engaged in Change in Bank Control Notices; 225), and all other applicable statutes Permissible Nonbanking Activities Acquisitions of Shares of a Bank or and regulations to become a bank Bank Holding Company The companies listed in this notice holding company and/or to acquire the have given notice under section 4 of the The notificants listed below have assets or the ownership of, control of, or Bank Holding Company Act (12 U.S.C. applied under the Change in Bank the power to vote shares of a bank or 1843) (BHC Act) and Regulation Y, (12 Control Act (Act) (12 U.S.C. 1817(j)) and bank holding company and all of the CFR part 225) to engage de novo, or to § 225.41 of the Board’s Regulation Y (12 banks and nonbanking companies acquire or control voting securities or CFR 225.41) to acquire shares of a bank owned by the bank holding company, assets of a company, including the or bank holding company. The factors including the companies listed below. companies listed below, that engages that are considered in acting on the The public portions of the either directly or through a subsidiary or applications are set forth in paragraph 7 applications listed below, as well as other company, in a nonbanking activity of the Act (12 U.S.C. 1817(j)(7)). other related filings required by the that is listed in § 225.28 of Regulation Y The public portions of the Board, if any, are available for (12 CFR 225.28) or that the Board has applications listed below, as well as immediate inspection at the Federal determined by Order to be closely other related filings required by the Reserve Bank(s) indicated below and at related to banking and permissible for Board, if any, are available for the offices of the Board of Governors. bank holding companies. Unless immediate inspection at the Federal This information may also be obtained otherwise noted, these activities will be Reserve Bank(s) indicated below and at conducted throughout the United States. the offices of the Board of Governors. on an expedited basis, upon request, by The public portions of the This information may also be obtained contacting the appropriate Federal applications listed below, as well as on an expedited basis, upon request, by Reserve Bank and from the Board’s other related filings required by the contacting the appropriate Federal Freedom of Information Office at Board, if any, are available for Reserve Bank and from the Board’s https://www.federalreserve.gov/foia/ immediate inspection at the Federal Freedom of Information Office at request.htm. Interested persons may Reserve Bank(s) indicated below and at https://www.federalreserve.gov/foia/ express their views in writing on the the offices of the Board of Governors. request.htm. Interested persons may standards enumerated in the BHC Act This information may also be obtained express their views in writing on the (12 U.S.C. 1842(c)). on an expedited basis, upon request, by standards enumerated in paragraph 7 of Comments regarding each of these contacting the appropriate Federal the Act. applications must be received at the Reserve Bank and from the Board’s Comments regarding each of these Reserve Bank indicated or the offices of Freedom of Information Office at applications must be received at the the Board of Governors, Ann E. https://www.federalreserve.gov/foia/ Reserve Bank indicated or the offices of Misback, Secretary of the Board, 20th request.htm. Interested persons may the Board of Governors, Ann E. Street and Constitution Avenue NW, express their views in writing on the Misback, Secretary of the Board, 20th Washington DC 20551–0001, not later question whether the proposal complies Street and Constitution Avenue NW, than July 8, 2021. with the standards of section 4 of the Washington DC 20551–0001, not later BHC Act. than June 23, 2021. A. Federal Reserve Bank of Boston Unless otherwise noted, comments A. Federal Reserve Bank of St. Louis (Prabal Chakrabarti, Senior Vice regarding the applications must be (Holly A. Rieser, Manager) P.O. Box 442, President) 600 Atlantic Avenue, Boston, received at the Reserve Bank indicated St. Louis, Missouri 63166–2034. Massachusetts 02210–2204. Comments or the offices of the Board of Governors, Comments can also be sent can also be sent electronically to Ann E. Misback, Secretary of the Board, electronically to BOS.SRC.Applications.Comments@ 20th Street and Constitution Avenue [email protected]: bos.frb.org: NW, Washington, DC 20551–0001, not 1. Rich Land Bancorp, Inc. Employee 1. Webster Financial Corporation, later June 23, 2021. Stock Option Plan (ESOP) and Dan L. Waterbury, Connecticut; to merge with A. Federal Reserve Bank of San Eichelberger, individually, and as Francisco (Sebastian Astrada, Director, Sterling Bancorp, and thereby indirectly trustee of the ESOP, both of Olney, acquire Sterling National Bank, both of Applications) 101 Market Street, San Illinois; to retain voting shares of Rich Pearl River, New York. Francisco, California 94105–1579: Land Bancorp, Inc., and thereby 1. BankGuam Holding Company, indirectly retain voting shares of Board of Governors of the Federal Reserve Hagatna, Guam; to acquire additional TrustBank, both of Olney, Illinois. System, June 3, 2021. voting shares of ASC Trust, LLC, Ann Misback, Hagatna, Guam, and thereby engage in Board of Governors of the Federal Reserve performing trust company functions and System, June 3, 2021. Secretary of the Board. providing employee benefits consulting Ann Misback, [FR Doc. 2021–12013 Filed 6–7–21; 8:45 am] services pursuant to section 225.28(b)(5) Secretary of the Board. BILLING CODE P and (b)(9)(ii) of the Board’s Regulation [FR Doc. 2021–12012 Filed 6–7–21; 8:45 am] Y, respectively. BILLING CODE 6210–01–P
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DEPARTMENT OF HEALTH AND information collection should be sent of five site visits to the program and HUMAN SERVICES within 30 days of publication of this child welfare agency that are notice to www.reginfo.gov/public/do/ participating in the study. Information Administration for Children and PRAMain. Find this particular collection activities include interviews Families information collection by selecting with program and child welfare agency ‘‘Currently under 30-day Review—Open administrators, focus groups with Submission for OMB Review; for Public Comments’’ or by using the program and child welfare agency staff, Evaluation of Project Connect (New search function. interviews and focus groups with Collection) SUPPLEMENTARY INFORMATION: participants, interviews with other AGENCY: Office of Planning, Research, Description: The proposed program stakeholders, and observations and Evaluation; Administration for information collection activity will of program staff meetings, program Children and Families; HHS. assess the implementation of Project delivery, and judicial hearings. Site ACTION: Request for public comment. Connect, a comprehensive home visits will also include direct visitation intervention that provides observations of staff delivery of the SUMMARY: The Administration for home-based services and treatment to program, program staff meetings, and Children and Families (ACF) at the U.S. child welfare-involved, substance- relevant judicial hearings/activities for Department of Health and Human affected families with children and program families. Services (HHS) is proposing a new adolescents ages 0 to 17. The program This evaluation is part of a larger information collection to assess the aims to strengthen and address the project to help ACF build the evidence implementation of Project Connect, a complex needs of substance-affected base in child welfare through rigorous comprehensive home visitation families by providing intensive, long- evaluation of programs, practices, and intervention that provides home-based term services that address issues of policies. The activities and products services and treatment to child welfare- unhealthy parental substance use and from this project will contribute to involved, substance-affected families provide help for parents recover while evidence building in child welfare and with children and adolescents ages 0 to keeping children safe. It focuses on help to determine the effectiveness of a 17. maintaining children safely in their substance use program on child welfare DATES: Comments due within 30 days of homes and preventing admission to outcomes. publication. OMB must make a decision care, or facilitating reunification when Respondents: Semi-structured about the collection of information children have been placed in out-of- interviews will be completed with between 30 and 60 days after home care. agency and program administrators, publication of this document in the The implementation study will parents who are participating in the Federal Register. Therefore, a comment support a planned effectiveness program, parents receiving services as is best assured of having its full effect evaluation that will rely on usual, and other program stakeholders. if OMB receives it within 30 days of administrative data to examine the Focus groups will be conducted with publication. impact of the program on child welfare agency and program staff and parents ADDRESSES: Written comments and outcomes. These information collection who are participating in the program recommendations for the proposed activities will take place over the course and parents receiving services as usual.
ANNUAL BURDEN ESTIMATES
Number of Number of responses per Avg. burden Instrument respondents respondent per response Total burden Annual burden (total over (total over (in hours) (in hours) (in hours) request period) request period)
Interview Guide for Administrators (Project Connect, Child Welfare Agency, and Child Welfare Central Referral Unit)...... 14 1 1 14 5 Focus Group Guide for Staff (Project Connect and Child Welfare Agency Staff) ...... 24 1 1.50 36 12 Interview Guide for Other Stakeholders (Behavioral Health and Judicial Stakeholders) ...... 12 1 1 12 4 Interview Guide for Families ...... 16 1 1 16 5 Focus Group Guide for Families ...... 24 1 1.5 36 12
Estimated Total Annual Burden DEPARTMENT OF HEALTH AND ACTION: Request for public comment. Hours: 38. HUMAN SERVICES SUMMARY: The Office of Planning, Authority: 42 U.S.C. 676. Administration for Children and Research, and Evaluation (OPRE), Mary B. Jones, Families Administration for Children and Families (ACF), U.S. Department of ACF/OPRE Certifying Officer. Submission for OMB Review; Head Health and Human Services (HHS), is [FR Doc. 2021–11934 Filed 6–7–21; 8:45 am] Start Family and Child Experiences proposing to collect data for a new wave BILLING CODE 4184–25–P Survey (FACES) (OMB #0970–0151) of the Head Start Family and Child Experiences Survey (FACES). AGENCY: Office of Planning, Research, DATES: Comments due within 30 days of and Evaluation, Administration for publication. OMB must make a decision Children and Families, HHS. about the collection of information
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between 30 and 60 days after Start programs. Information about the a list of all teachers and home visitors publication of this document in the Head Start program recruitment and working with Head Start-funded Federal Register. Therefore, a comment center selection processes and on the children. Next, for each selected teacher is best assured of having its full effect fall 2019 and spring 2020 data or home visitor, we will request if OMB receives it within 30 days of collection activities for both FACES and information for each child enrolled. publication. AIAN FACES can be found here: https:// For the fall 2021 collection, FACES ADDRESSES: Written comments and www.reginfo.gov/public/do/ will survey the parents of 2,400 Head _ recommendations for the proposed PRAViewICR?ref nbr=202005-0970-009. Start children in Regions I–X (FACES information collection should be sent The studies are adding a fall 2021 2019) and 800 children in Region XI within 30 days of publication of this data collection to address how families (AIAN FACES 2019) and ask their Head notice to www.reginfo.gov/public/do/ are faring during the COVID–19 Start teachers to rate children’s social PRAMain. Find this particular pandemic. Data collection activities will and emotional skills. Parents of sampled information collection by selecting include classroom and child sampling children (2,400 for FACES and 800 for ‘‘Currently under 30-day Review—Open information collection, parent surveys, AIAN FACES) will complete surveys on for Public Comments’’ or by using the teacher child reports, and teacher the web or by telephone about their search function. surveys. children and family in the context of the SUPPLEMENTARY INFORMATION: Sampling will begin with a freshening COVID–19 pandemic. Head Start Description: The purpose of the of the programs included in FACES fall teachers will rate each sampled child FACES data collection is to support the 2019 and spring 2020 waves for a target (approximately 10 children per 2007 reauthorization of the Head Start of 180 programs that are nationally classroom) using the Web or paper-and program (Pub. L. 110–134), which calls representative of all Head Start pencil forms. Teachers will also for periodic assessments of Head Start’s programs in the 2021–2022 program complete a survey, also using the web quality and effectiveness. year. FACES fall 2021 data collection or paper-and-pencil forms, about their FACES 2019 focuses on Head Start will take place in 60 of the 180 well-being and background. Additional Regions I through X (which are programs. AIAN FACES will return to data collection activities, to include the geographically based); AIAN (American the same 22 programs that participated programs and respondents from fall Indian and Alaska Native) FACES 2019 in 2019 and 2020 data collection. 2021 plus the remaining 120 FACES focuses on Region XI (which funds Head Sampling of teachers and children programs, are planned for spring 2022 Start programs that serve federally starts with sampling activities for 162 and will be included in a future Federal recognized American Indian and Alaska Head Start centers (120 for FACES 2019 Register notice. Native tribes). Both studies will provide and 42 for AIAN FACES 2019) in fall Respondents: Parents of Head Start data on a set of key indicators for Head 2021. Study team members will request children; Head Start teachers.
ANNUAL BURDEN ESTIMATES
Number of Number of responses per Average Total Annual Instrument respondents respondent burden per burden burden (total over (total over response (hours) (hours) request period) request period) (hours)
Fall 2021 special telephone script and recruitment in- formation collection for program directors, Regions I–X ...... 77 1 1 77 26 Fall 2021 special telephone script and recruitment in- formation collection for program directors, Region XI ...... 22 1 1 22 7 Fall 2021 special telephone script and recruitment in- formation collection for on-site coordinators, Re- gions I–X ...... 60 1 1 60 20 Fall 2021 special telephone script and recruitment in- formation collection for on-site coordinators, Region XI ...... 22 1 1 22 7 FACES 2019 fall 2021 special teacher sampling form from Head Start staff ...... 120 1 .17 20 7 FACES 2019 fall 2021 special child roster form from Head Start staff ...... 120 1 .33 40 13 FACES 2019 special parent consent form for fall 2021 and spring 2022 data collection ...... 2,400 1 .17 408 136 FACES 2019 fall 2021 special Head Start parent sur- vey ...... 2,400 1 .58 1,392 464 FACES 2019 fall 2021 special Head Start teacher child report ...... 240 10 .17 408 136 FACES 2019 fall 2021 special Head Start teacher survey ...... 240 1 .17 41 14 AIAN FACES 2019 fall 2021 special teacher sam- pling form from Head Start staff ...... 42 1 .17 7 2 AIAN FACES 2019 fall 2021 special child roster form from Head Start staff ...... 42 1 .33 14 5 AIAN FACES 2019 special parent consent form for fall 2021 and spring 2022 data collection ...... 800 1 .17 136 45
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ANNUAL BURDEN ESTIMATES—Continued
Number of Number of responses per Average Total Annual Instrument respondents respondent burden per burden burden (total over (total over response (hours) (hours) request period) request period) (hours)
AIAN FACES 2019 fall 2021 special Head Start par- ent survey ...... 800 1 .58 464 155 AIAN FACES 2019 fall 2021 special Head Start teacher child report ...... 90 9 .17 138 46 AIAN FACES 2019 fall 2021 special Head Start teacher survey ...... 90 1 .17 15 5
Estimated Total Annual Burden DATES: Comments on this ICR should be Need and Proposed Use of the Hours: 1,088. received no later than July 8, 2021. Information: OMB previously approved Authority: Section 640(a)(2)(D) and section ADDRESSES: Submit your comments, this survey and HRSA fielded it during 649 of the Improving Head Start for School including the ICR Title, to the desk 2005, 2012, and 2019. Results of the Readiness Act of 2007. officer for HRSA, either by email to data collected from this survey will help [email protected] or by Mary B. Jones, develop appropriate messages for future fax to 202–395–5806. public outreach and educational ACF/OPRE Certifying Officer. FOR FURTHER INFORMATION CONTACT: To initiatives to increase awareness about [FR Doc. 2021–11935 Filed 6–7–21; 8:45 am] request a copy of the clearance requests organ donation and ultimately the BILLING CODE 4184–22–P submitted to OMB for review, email Lisa number of registered donors. Wright-Solomon, the HRSA Information Likely Respondents: A nationally Collection Clearance Officer at DEPARTMENT OF HEALTH AND [email protected] or call (301) 443– representative sample of adults over the HUMAN SERVICES 1984. age of 18 with a high number of responses from populations of interest SUPPLEMENTARY INFORMATION: Health Resources and Services such as racial-ethnic minorities, Administration Information Collection Request Title: National Survey of Organ Donation including African American, Asian, Agency Information Collection Attitudes and Practices, OMB No. 0915– Native American, and Hispanic Activities: Submission to OMB for 0290—Extension. respondents, as well as respondents of Review and Approval; Public Comment Abstract: HRSA is requesting all age groups and education levels. Request; National Survey of Organ approval by OMB for an extension of a Burden Statement: Burden in this Donation Attitudes and Practices, OMB previously approved collection of context means the time expended by No. 0915–0290—Extension information (OMB control number persons to generate, maintain, retain, 0915–0290). The National Survey of disclose, or provide the information AGENCY: Health Resources and Services Organ Donation Attitudes and Practices requested. This includes the time Administration (HRSA), Department of is conducted approximately every 6–7 needed to review instructions; to Health and Human Services. years and serves a critical role in develop, acquire, install, and utilize ACTION: Notice. providing HRSA and the donation community with data regarding why technology and systems for collecting, SUMMARY: In compliance with the Americans choose to donate organs, validating, verifying, processing and Paperwork Reduction Act of 1995, current barriers to donation, and maintaining information, and disclosing HRSA has submitted an Information possible paths to increasing donations. and providing information; to train Collection Request (ICR) to the Office of Survey data and derived analytic personnel and be able to respond to a Management and Budget (OMB) for insights help HRSA develop and target collection of information; to search data review and approval. Comments appropriate messages for public sources; to complete and review the submitted during the first public review outreach and educational initiatives. collection of information, and to of this ICR will be provided to OMB. A 60-day notice published in the transmit or otherwise disclose the OMB will accept further comments from Federal Register on April 19, 2021, vol. information. A summary of the total the public during the review and 86, No. 73; pp. 20374. There were no annual burden hours estimated for this approval period. public comments. ICR is in the table below.
TOTAL ESTIMATED ANNUALIZED BURDEN—HOURS
Average Number of Number of Total burden per Total burden Form name respondents responses per responses response hours respondent (in hours)
National Survey of Organ Donation Attitudes and Prac- tices Telephone (English and Spanish Versions) ...... 2,000 1 2,000 0.37 740 National Survey of Organ Donation Attitudes and Prac- tices Web Online Panel (English and Spanish Versions) 8,000 1 8,000 0.27 2,160
Total ...... 10,000 ...... 10,000 ...... 2,900
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HRSA specifically requests comments Dated: June 3, 2021. applications, the disclosure of which on (1) the necessity and utility of the Melanie J. Pantoja, would constitute a clearly unwarranted proposed information collection for the Program Analyst, Office of Federal Advisory invasion of personal privacy. proper performance of the agency’s Committee Policy. Name of Committee: National Institute of functions; (2) the accuracy of the [FR Doc. 2021–11967 Filed 6–7–21; 8:45 am] Neurological Disorders and Stroke Special estimated burden; (3) ways to enhance BILLING CODE 4140–01–P Emphasis Panel; NST–1 Member Conflict the quality, utility, and clarity of the SEP. information to be collected; and (4) the Date: June 29, 2021. use of automated collection techniques DEPARTMENT OF HEALTH AND Time: 9:00 a.m. to 12:00 p.m. HUMAN SERVICES or other forms of information Agenda: To review and evaluate grant technology to minimize the information applications. National Institutes of Health Place: National Institutes of Health, collection burden. Neuroscience Center, 6001 Executive Center for Scientific Review; Amended Maria G. Button, Boulevard, Rockville, MD 20852 (Virtual Notice of Meeting Meeting). Director, Executive Secretariat. Contact Person: William C. Benzing, Ph.D., [FR Doc. 2021–11959 Filed 6–7–21; 8:45 am] Notice is hereby given of a change in the meeting of the Bioengineering of Scientific Review Officer, Scientific Review BILLING CODE 4165–15–P Neuroscience, Vision and Low Vision Branch, Division of Extramural Activities, NINDS, NIH, NSC, 6001 Executive Blvd., Technologies Study Section, June 17, Suite 3204, MSC 9529, Rockville, MD 20852, DEPARTMENT OF HEALTH AND 2021, 08:00 a.m. to June 18, 2021, 07:00 (301) 496–0660, [email protected]. HUMAN SERVICES p.m., National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Name of Committee: National Institute of Neurological Disorders and Stroke Special National Institutes of Health Bethesda, MD 20892 which was Emphasis Panel; BRAIN Initiative Advanced published in the Federal Register on Postdoctoral Career Transition Awards to National Institute of Mental Health; May 18, 2021, 86 FR 26930. Promote Diversity (K99). Notice of Closed Meeting Correction Date: July 1, 2021. Time: 10:00 a.m. to 6:00 p.m. Pursuant to section 10(d) of the In the Federal Register of May 18, Agenda: To review and evaluate grant Federal Advisory Committee Act, as 2021, in FR Doc 2021–10425, on page applications. amended, notice is hereby given of the 26930, in the second column, under the Place: National Institutes of Health, following meeting. Name of Committee: Emerging Neuroscience Center, 6001 Executive Technologies and Training Boulevard, Rockville, MD 20852 (Virtual The meeting will be closed to the Neurosciences Integrated Review Group; Meeting). public in accordance with the Bioengineering of Neuroscience, Vision Contact Person: Tatiana Pasternak, Ph.D., provisions set forth in sections and Low Vision Technologies Study Scientific Review Officer, Scientific Review 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Section heading, correct the ‘‘Date’’ to Branch, Division of Extramural Activities, as amended. The grant applications and read June 16, 2021–June 17, 2021. The NINDS/NIH, NSC, 6001 Executive Blvd., the discussions could disclose meeting is closed to the public. Suite 3208, MSC 9529, Rockville, MD 20852, (301) 496–9223, [email protected]. confidential trade secrets or commercial Dated: June 2, 2021. property such as patentable material, Name of Committee: National Institute of David W. Freeman, Neurological Disorders and Stroke Special and personal information concerning Program Analyst, Office of Federal Advisory individuals associated with the grant Emphasis Panel; Neurological Sciences and Committee Policy. Disorders B (NSD–B) Conflict SEP Panel. applications, the disclosure of which [FR Doc. 2021–11842 Filed 6–7–21; 8:45 am] Date: July 8, 2021. would constitute a clearly unwarranted BILLING CODE 4140–01–P Time: 2:00 p.m. to 4:00 p.m. invasion of personal privacy. Agenda: To review and evaluate grant Name of Committee: National Institute of applications. Mental Health Special Emphasis Panel; DEPARTMENT OF HEALTH AND Place: National Institutes of Health, HEAL Initiative RFA Review: Optimizing HUMAN SERVICES Neuroscience Center, 6001 Executive Multi-Component Service Delivery Boulevard, Rockville, MD 20852 (Virtual National Institutes of Health Meeting). Interventions for OUD, Co-Occurring Contact Person: Joel A. Saydoff, Ph.D., Conditions, and/or Suicide Risk. National Institute of Neurological Scientific Review Officer, Scientific Review Date: June 29, 2021. Disorders and Stroke; Notice of Closed Branch, Division of Extramural Activities, Time: 2:00 p.m. to 5:00 p.m. Meetings NINDS/NIH, NSC, 6001 Executive Blvd., Agenda: To review and evaluate grant Room 3205, MSC 9529, Rockville, MD 20852, applications. Pursuant to section 10(d) of the (301) 496–9223, [email protected]. Place: National Institutes of Health, 6100 Federal Advisory Committee Act, as (Catalogue of Federal Domestic Assistance Executive Boulevard, Rockville, MD 20852 amended, notice is hereby given of the Program Nos. 93.853, Clinical Research (Telephone Conference Call). following meetings. Related to Neurological Disorders; 93.854, Contact Person: Nicholas Gaiano, Ph.D., The meetings will be closed to the Biological Basis Research in the Review Branch Chief, Division of Extramural public in accordance with the Neurosciences, National Institutes of Health, Activities, National Institute of Mental provisions set forth in sections HHS) Health, NIH, Neuroscience Center/Room 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 6150/MSC 9606, 6001 Executive Boulevard, as amended. The grant applications and Dated: June 2, 2021. Bethesda, MD 20892–9606, 301–443–2742, the discussions could disclose Tyeshia M. Roberson, [email protected]. confidential trade secrets or commercial Program Analyst, Office of Federal Advisory (Catalogue of Federal Domestic Assistance property such as patentable material, Committee Policy. Program No. 93.242, Mental Health Research and personal information concerning [FR Doc. 2021–11931 Filed 6–7–21; 8:45 am] Grants, National Institutes of Health, HHS) individuals associated with the grant BILLING CODE 4140–01–P
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DEPARTMENT OF HEALTH AND Place: National Institutes of Health, ADDRESSES: The meeting will be held HUMAN SERVICES Neuroscience Center, 6001 Executive via webinar. The webinar link and Boulevard, Rockville, MD 20852 (Virtual conference number will be provided to National Institutes of Health Meeting). all registrants by 5:00 p.m. EDT on June Contact Person: Bo-Shiun Chen, Ph.D., 22, 2021. For information on facilities or National Institute of Neurological Scientific Review Officer, Scientific Review Branch, Division of Extramural Activities, services for individuals with disabilities Disorders and Stroke; Notice of Closed or to request special assistance at the Meetings NINDS/NIH, NSC, 6001 Executive Blvd., Suite 3208, MSC 9529, Rockville, MD 20852, meeting, contact Ms. Florence Constant- Pursuant to section 10(d) of the (301) 496–9223, [email protected]. Gibson, Office of Trade Relations, U.S. Federal Advisory Committee Act, as Name of Committee: National Institute of Customs and Border Protection, at (202) amended, notice is hereby given of the Neurological Disorders and Stroke Special 344–1440 as soon as possible. following meetings. Emphasis Panel; Review of Neurology and FOR FURTHER INFORMATION CONTACT: Ms. The meetings will be closed to the Neurosurgery R25 Programs. Florence Constant-Gibson, Office of public in accordance with the Date: July 16, 2021. Trade Relations, U.S. Customs and Time: 12:00 p.m. to 5:00 p.m. provisions set forth in sections Agenda: To review and evaluate grant Border Protection, 1300 Pennsylvania 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications. Avenue NW, Room 3.5A, Washington, as amended. The grant applications and Place: National Institutes of Health, DC 20229; or Ms. Valarie M. Neuhart, the discussions could disclose Neuroscience Center, 6001 Executive Designated Federal Officer, at (202) confidential trade secrets or commercial Boulevard, Rockville, MD 20852 (Virtual 344–1440. property such as patentable material, Meeting). SUPPLEMENTARY INFORMATION: Notice of and personal information concerning Contact Person: William C. Benzing, Ph.D., this meeting is given under the Scientific Review Officer, Scientific Review individuals associated with the grant authority of the Federal Advisory applications, the disclosure of which Branch, Division of Extramural Activities, NINDS, NIH, NSC, 6001 Executive Blvd., Committee Act, 5 U.S.C. Appendix. The would constitute a clearly unwarranted Suite 3204, MSC 9529, Rockville, MD 20852, Commercial Customs Operations invasion of personal privacy. (301) 496–0660, [email protected]. Advisory Committee (COAC) provides Name of Committee: National Institute of (Catalogue of Federal Domestic Assistance advice to the Secretary of Homeland Neurological Disorders and Stroke Special Program Nos. 93.853, Clinical Research Security, the Secretary of the Treasury, Emphasis Panel; NINDS Summer Research Related to Neurological Disorders; 93.854, and the Commissioner of U.S. Customs Education Experience (R25). Biological Basis Research in the and Border Protection (CBP) on matters Date: July 12, 2021. Neurosciences, National Institutes of Health, pertaining to the commercial operations Time: 10:00 a.m. to 6:00 p.m. HHS) of CBP and related functions within the Agenda: To review and evaluate grant applications and/or proposals. Dated: June 2, 2021. Department of Homeland Security and Place: National Institutes of Health, Tyeshia M. Roberson, the Department of the Treasury. Neuroscience Center, 6001 Executive Program Analyst, Office of Federal Advisory Pre-registration: For members of the Boulevard, Rockville, MD 20852 (Virtual Committee Policy. public who plan to participate via Meeting). [FR Doc. 2021–11927 Filed 6–7–21; 8:45 am] webinar, please register online at Contact Person: DeAnna Lynn Adkins, BILLING CODE 4140–01–P https://teregistration.cbp.gov/ Ph.D., Scientific Review Officer, Scientific index.asp?w=228 by 2:00 p.m. EDT on Review Branch, NSC Building, Rockville, MD June 22, 2021. For members of the 20852, 301–496–9223, deanna.adkins@ public who are pre-registered to attend nih.gov. DEPARTMENT OF HOMELAND SECURITY the webinar and later need to cancel, Name of Committee: National Institute of please do so by 2:00 p.m. EDT on June Neurological Disorders and Stroke Special Emphasis Panel; BRAIN Biology and U.S. Customs and Border Protection 21, 2021, utilizing the following link: https://teregistration.cbp.gov/ Biophysics of Neural Stimulations and [Docket No. USCBP–2021–0020] Recording Technologies. cancel.asp?w=228. Date: July 12, 2021. Commercial Customs Operations Please feel free to share this Time: 10:00 a.m. to 6:00 p.m. Advisory Committee (COAC) information with other interested Agenda: To review and evaluate grant members of your organization or applications. AGENCY: U.S. Customs and Border association. Place: National Institutes of Health, Protection (CBP), Department of To facilitate public participation, we Neuroscience Center, 6001 Executive Homeland Security (DHS). are inviting public comment on the Boulevard, Rockville, MD 20852 (Virtual Meeting). ACTION: Committee management; notice issues the committee will consider prior Contact Person: Mirela Milescu, Ph.D., of Federal advisory committee meeting. to the formulation of recommendations Scientific Review Officer, Scientific Review as listed in the Agenda section below. Branch, Division of Extramural Activities, SUMMARY: The Commercial Customs Comments must be submitted in NINDS/NIH, NSC, 6001 Executive Blvd., Operations Advisory Committee (COAC) writing no later than June 22, 2021, and Suite 3208, MSC 9529, Rockville, MD 20852, will hold its quarterly meeting on must be identified by Docket No. [email protected]. Wednesday, June 23, 2021. The meeting USCBP–2021–0020, and may be Name of Committee: National Institute of will be open to the public via webinar submitted by one (1) of the following Neurological Disorders and Stroke Special only. There is no on-site, in-person methods: Emphasis Panel; HEAL Initiative: Planning option for this quarterly meeting. • Federal eRulemaking Portal: http:// Studies for Initial Analgesic Development DATES: The COAC will meet on www.regulations.gov. Follow the Initial Translational Efforts [Small Molecules Wednesday, June 23, 2021, from 1:00 instructions for submitting comments. and Biologics] (R34 Clinical Trial Not • Allowed). p.m. to 5:00 p.m. EDT. Please note that Email: [email protected]. Date: July 15, 2021. the meeting may close early if the Include the docket number in the Time: 10:00 a.m. to 6:00 p.m. committee has completed its business. subject line of the message. Agenda: To review and evaluate grant Comments must be submitted in writing • Mail: Ms. Florence Constant- applications. no later than June 22, 2021. Gibson, Office of Trade Relations, U.S.
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Customs and Border Protection, 1300 Imagined Entry Processes (RIEP) Dated: June 3, 2021. Pennsylvania Avenue NW, Room 3.5A, Working Group has begun a series of Valarie M. Neuhart, Washington, DC 20229. deep-dive sessions to review the entire Deputy Executive Director, Office of Trade Instructions: All submissions received entry process and examine when entry Relations. must include the words ‘‘Department of data becomes available. The intent of [FR Doc. 2021–11950 Filed 6–7–21; 8:45 am] Homeland Security’’ and the docket these sessions is to determine the points BILLING CODE 9111–14–P number (USCBP–2021–0020) for this along the supply-chain where the data action. Comments received will be is first available in order to enhance the posted without alteration at http:// facilitation and security of the entry DEPARTMENT OF HOUSING AND www.regulations.gov. Please do not process and may provide some strategic URBAN DEVELOPMENT submit personal information to this recommendations in this area. Next, the [Docket No. FR 5928–N–03] docket. One U.S. Government Working Group Docket: For access to the docket or to will provide an update on the following read background documents or Notice of Continuation of key project: The automation of comments, go to http:// Demonstration To Test Proposed New www.regulations.gov and search for electronic documents that are currently Method of Assessing the Physical Docket Number USCBP–2021–0020. To required at time of entry and the Partner Conditions of Voucher-Assisted submit a comment, click the ‘‘Comment Government Agency Disclaim Housing Now!’’ button located on the top-right Handbook. Finally, CBP will provide an AGENCY: Office of the Assistant hand side of the docket page. update on the progress of the E- There will be multiple public Commerce and 21st Century Customs Secretary for Public and Indian comment periods held during the Framework Task Forces. Housing, Department of Housing and Urban Development (HUD). meeting on June 23, 2021. Speakers are 3. The Intelligent Enforcement requested to limit their comments to Subcommittee will provide a status ACTION: Demonstration continuation. two (2) minutes or less to facilitate update on the following: The Bond SUMMARY: Through this notice, HUD greater participation. Please note that Working Group will report on the announces the continuation of HUD’s the public comment period for speakers continued work with CBP on the demonstration to test the new method of may end before the time indicated on Monetary Guidelines of Setting Bond assessing the physical condition of the schedule that is posted on the CBP Amounts, the status of the risk-based housing assisted by HUD vouchers web page, http://www.cbp.gov/trade/ bonding initiative, and (voucher-assisted housing) through stakeholder-engagement/coac. recommendations on the eBond Pilot; October 1, 2022 and renews its call for Agenda the Antidumping/Countervailing Duty additional Public Housing Authority (AD/CVD) Working Group will discuss The COAC will hear from the current (PHA) volunteers (eligible PHAs subcommittees on the topics listed the ongoing challenges associated with administering the Housing Choice below and then will review, deliberate, the growing number of AD/CVD cases; Voucher (HCV) program). This provide observations, and formulate the Intellectual Property Rights (IPR) continuation supports HUD’s ability to recommendations on how to proceed: Process Modernization Working Group align the HCV program with the 1. The Secure Trade Lanes will provide updates on past National Standards for the Physical Subcommittee will present the recommendations to further the Inspection of Real Estate (NSPIRE) following updates: The Trusted Trader modernization of IPR processes; and, physical inspection model and to assess Working Group will provide an update the Forced Labor Working Group will the HCV program’s inspection protocol on the progress of the White Paper on provide an update related to the against this model. In addition, this the Implementation of CTPAT Trade progress of the three subgroups outlined notice updates the relevant participation Compliance Requirements for Forced in the Statement of Work: Informed provisions and selection criteria. Labor; the In-Bond Working Group will Compliance Fact Sheet Subgroup, DATES: Applicable date July 4, 2021. provide an update on the progress with Emerging Traceability Subgroup, and FOR FURTHER INFORMATION CONTACT: the technical enhancements being Forced Labor Report and Metrics Kevin Laviano, Assessment Manager, addressed through the Trade Support Subgroup. Office of Public and Indian Housing, Network and the review of regulatory 4. The Rapid Response Subcommittee Department of Housing and Urban recommendations incorporated within will provide an update on the progress Development, 550 12th Street SW, Suite the COAC In-Bond Modernization of its two working groups. First, the 100, Washington, DC 20410–4000, White Paper to create future efficiency USMCA Working Group has identified telephone number 216–659–2193 (this and process development; the Export specific topics for review with the is not a toll-free number) or via email to Modernization Working Group will USMCA Center as the anticipated [email protected]. Persons with present their White Paper on Export publication of the new regulations hearing or speech impairments may Operations for the 21st Century along approaches. The topics for discussion contact the numbers above via TTY by with proposed recommendations; and, include export guidance, e-signatures, calling the Federal Relay Service at 800– the Remote and Autonomous Cargo and the marking rules in part 102 of title 877–8339 (this is a toll-free number). Processing Working Group will provide 19 of the Code of Federal Regulations SUPPLEMENTARY INFORMATION: On May 4, an update on the development of a draft (19 CFR part 102). Second, the Broker 2016, HUD published a notice White Paper identifying the potential Exam Modernization Working Group implementing the ‘‘Demonstration To impact of Remote and Autonomous will provide an update on recent exam Test Proposed New Method of Assessing Vehicles to CBP Cargo Processing modernization activities. the Physical Conditions of Voucher- Operations. Assisted Housing.’’ 1 On May 28, 2019, 2. The Next Generation Facilitation Meeting materials will be available by June 21, 2021, at: http://www.cbp.gov/ Subcommittee will provide an update 1 Notice of Demonstration to Test Proposed New on the following working groups and trade/stakeholder-engagement/coac/ Method of Assessing the Physical Conditions of task force activities: First, the Re- coac-public-meetings. Voucher-Assisted Housing, 81 FR 26759 (May 4,
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HUD extended the demonstration for Housing.6 Accordingly, current PHA subject line of your comment. two years.2 HUD has again decided to volunteers may continue to participate Individuals who are hearing or speech continue the demonstration to assess the beyond the previous three-year impaired may call the Federal Relay improvements and alignment of the limitation and for the duration of the Service at 1–800–877–8339 for TTY HCV inspection protocol. This demonstration. HUD, therefore, extends assistance. continuation furthers the direction this demonstration through October 1, SUPPLEMENTARY INFORMATION: In contained in the Joint Explanatory 2022. HUD may amend the accordance with the Paperwork Statement accompanying the demonstration dates in response to Reduction Act of 1995, (PRA, 44 U.S.C. Consolidated Appropriations Act of changes in programmatic and 3501 et seq.) and 5 CFR 1320.8(d)(1), all 2016, Public Law 114–113, approved environmental conditions through information collections require approval December 18, 2015, and the proposals subsequent Federal Register notices. under the PRA. We may not conduct or set forth in the Economic Growth and HUD is also seeking additional sponsor and you are not required to Recovery, Regulatory Relief, and volunteers for the demonstration. respond to a collection of information Consumer Protection Act of 2018, Interested PHAs should email HUD at unless it displays a currently valid OMB 3 Public Law 115–174, and the direction [email protected] and provide the control number. the Department has proposed in the PHA name, PHA address, point of As part of our continuing effort to Economic Growth, Regulatory Relief, contact, phone number, and email reduce paperwork and respondent and Consumer Protection Act: address. burdens, we invite the public and other Implementation of National Standards Dominque Blom, Federal agencies to comment on new, for the Physical Inspection of Real proposed, revised, and continuing Estate proposed rule.4 HUD seeks to General Deputy Assistant Secretary for Public collections of information. This helps us and Indian Housing. continue this demonstration to further assess the impact of our information evaluate the application of NSPIRE [FR Doc. 2021–11926 Filed 6–7–21; 8:45 am] collection requirements and minimize standards on the HCV inspection BILLING CODE 4210–67–P the public’s reporting burden. It also program. In addition, the program- helps the public understand our specific requirements in the respective information collection requirements and sections of the above-mentioned DEPARTMENT OF THE INTERIOR provide the requested data in the demonstration notices continue to desired format. apply, other than, those specific National Park Service We are especially interested in public references to HUD’s testing of the [NPS–WASO–CR–NR–NHL–NPS0031737; comment addressing the following: Uniform Physical Condition Standards PPWOCRADP2, PCU00RP15.R50000 (212); (1) Is Whether or not the collection of for Vouchers (UPCS–V) related OMB Control Number 1024–0276] information is necessary for the proper inspection protocols.5 performance of the functions of the Furthermore, HUD is lifting the three- Agency Information Collection NPS, including whether or not the year limitation to PHA participation Activities; National Historic Landmarks information will have practical utility. contained in Section III, Part C., of the Nomination Form (2) The accuracy of our estimate of the Notice of Demonstration To Test burden for this collection of Proposed New Method of Assessing the AGENCY: National Park Service, Interior. information, including the validity of Physical Conditions of Voucher-Assisted ACTION: Notice of Information the methodology and assumptions used. Collection; request for comment. (3) Ways to enhance the quality, 2016) https://www.federalregister.gov/documents/ utility, and clarity of the information to 2016/05/04/2016-10460/notice-of-demonstration-to- SUMMARY: In accordance with the be collected. test-proposed-new-method-of-assessing-the- Paperwork Reduction Act of 1995, we, (4) How might the NPS minimize the physical-conditions-of. the National Park Service (NPS) are burden of this collection on the 2 Notice of Continuation of Demonstration to Test proposing to renew an information Proposed New Method of Assessing the Physical respondents, including through the use Conditions of Voucher-Assisted Housing, 84 FR collection. of appropriate automated, electronic, 24416 (May 28, 2019) https:// DATES: Interested persons are invited to mechanical, or other technological www.federalregister.gov/documents/2019/05/28/ collection techniques or other forms of 2019-11059/notice-of-continuation-of- submit comments on or before August 9, demonstration-to-test-proposed-new-method-of- 2021. information technology, e.g., permitting electronic submission of response. assessing-the-physical. ADDRESSES: Send your comments on 3 Comments that you submit in The text of the Economic Growth Act, along this information collection request (ICR) with a summary prepared by the Congressional response to this notice are a matter of by mail to Phadrea Ponds, NPS Research Service, can be found at https:// public record. We will include or www.congress.gov/bill/115th-congress/senate-bill/ Information Collection Clearance summarize each comment in our request 2155/text. Officer, 1201 Oakridge Drive Fort 4 to OMB to approve this ICR. Before See Economic Growth Regulatory Relief and Collins, CO 80525; or by email at Consumer Protection Act: Implementation of _ including your address, phone number, National Standards for the Physical Inspection of phadrea [email protected]. Please email address, or other personal Real Estate (NSPIRE), 86 FR 2582 (January 13, 2021) reference Office of Management and identifying information in your https://www.federalregister.gov/documents/2021/ Budget (OMB) Control Number 1024– comment, you should be aware that 01/13/2021-00098/economic-growth-regulatory- 0276 in the subject line of your relief-and-consumer-protection-act- your entire comment—including your implementation-of-national-standards. comments. personal identifying information—may 5 See Notice of Demonstration to Test Proposed FOR FURTHER INFORMATION CONTACT: To be made publicly available at any time. New Method of Assessing the Physical Conditions of Voucher-Assisted Housing, para. III.C and Notice request additional information about While you can ask us in your comment of Continuation of Demonstration To Test Proposed this ICR, contact Patty Henry by email to withhold your personal identifying New Method of Assessing the Physical Conditions at [email protected], or by telephone information from public review, we of Voucher-Assisted Housing and Notice of at 202–354–2216. Please reference OMB cannot guarantee that we will be able to Demonstration To Assess the National Standards for the Physical Inspection of Real Estate and Control Number 1024–0276 in the do so. Associated Protocols, paras. III.A, III.B, III.C, III.D, Abstract: The NPS is authorized by and IV. 6 81 FR 26759. the Historic Sites Act of 1935 (54 U.S.C.
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320101 et seq.), National Historic Total Estimated Annual Nonhour SUPPLEMENTARY INFORMATION: Notice is Landmarks Program (36 CFR part 65), Burden Cost: None. here given in accordance with the and the National Historic Preservation An agency may not conduct or Native American Graves Protection and Act of 1966 (54 U.S.C. 300101 et seq.) sponsor and a person is not required to Repatriation Act (NAGPRA), 25 U.S.C. to collect information on behalf of the respond to a collection of information 3003, of the completion of an inventory Secretary of the Interior to evaluate unless it displays a currently valid OMB of human remains under the control of properties applying for historic control number. the Arizona Museum of Natural History, landmark designation. In accordance The authority for this action is the Mesa, AZ. The human remains were with the law and 36 CFR part 65, private Paperwork Reduction Act of 1995 (44 most likely removed from Maricopa citizens, businesses, and organizations; U.S.C. 3501 et seq.). County, AZ. Federal agencies (FPO); State and local This notice is published as part of the public agencies; State Historic Phadrea Ponds, National Park Service’s administrative Preservation Officers (SHPOs); Information Collection Clearance Officer, responsibilities under NAGPRA, 25 territories; and Indian tribes (THPO) National Park Service. U.S.C. 3003(d)(3). The determinations in may submit nominations for National [FR Doc. 2021–11987 Filed 6–7–21; 8:45 am] this notice are the sole responsibility of Historic Landmark (NHL) designation. BILLING CODE 4312–52–P the museum, institution, or Federal All interested parties must inquire by agency that has control of the Native letter or email about the eligibility of American human remains. The National properties to be considered for NHL DEPARTMENT OF THE INTERIOR Park Service is not responsible for the designation. The inquiry includes the determinations in this notice. National Park Service name, location, brief description and Consultation historical summary of property. If determined eligible for consideration [NPS–WASO–NAGPRA–NPS0032041; A detailed assessment of the human PPWOCRADN0–PCU00RP14.R50000] the respondent will use NPS Form 10– remains was made by the Arizona Museum of Natural History professional 934, National Historic Landmarks Notice of Inventory Completion: Nomination, to nominate a property. staff in consultation with Arizona Museum of Natural History, representatives of the Gila River Indian The form is used to collect the following Mesa, AZ information related to the property: Community of the Gila River Indian AGENCY: National Park Service, Interior. Reservation, Arizona, and the Salt River (1) Name and location Pima-Maricopa Indian Community of ACTION: Notice. (2) data related to the national the Salt River Reservation, Arizona. significance of the property (3) any withholding of sensitive SUMMARY: The Arizona Museum of History and Description of the Remains Natural History has completed an information In 2021, human remains representing, (4) geographical data inventory of human remains, in consultation with the appropriate at minimum, one individual were (5) statements and discussions about the removed from an unknown location national significance of the property Indian Tribes or Native Hawaiian organizations, and has determined that most likely in Maricopa County, AZ. (6) description and statement of The human remains belong to an integrity there is a cultural affiliation between the human remains and present-day Indian individual of undetermined age and sex. (7) major bibliographic references and No known individual was identified. No (8) name, organization, address, phone Tribes or Native Hawaiian organizations. Lineal descendants or associated funerary objects are present. number, and email of the person The human remains were discovered representatives of any Indian Tribe or completing the form when the box in which they were Native Hawaiian organization not Title of Collection: National Historic housed was moved from the Historic identified in this notice that wish to Landmarks Nomination Form. Post Office. As information on the box request transfer of control of these OMB Control Number: 1024–0276. references Scottsdale, AZ, the Arizona human remains should submit a written Form Number: 10–934, National Museum of Natural History has request to the Arizona Museum of Historic Landmark Nomination. determined that the human remains Natural History. If no additional Type of Review: Extension of a most likely were removed from requestors come forward, transfer of currently approved collection. Maricopa County. According to control of the human remains to the Respondents/Affected Public: Private archeological understanding, the region lineal descendants, Indian Tribes, or individuals; Federal, state, tribal and where these human remains were most Native Hawaiian organizations stated in local governments; businesses; likely collected was occupied by the this notice may proceed. educational institutions; and nonprofit Hohokam Material Culture in organizations. DATES: Lineal descendants or prehistoric times. As the primary Total Estimated Number of Annual representatives of any Indian Tribe or collection of the Arizona Museum of Respondents: 50. Native Hawaiian organization not Natural History focuses on Hohokam Total Estimated Number of Annual identified in this notice that wish to Material Culture, the Arizona Museum Responses: 50. request transfer of control of these of Natural History has determined that Estimated Completion Time per human remains should submit a written the human remains most likely are Response: Average time 388 hours request with information in support of Hohokam. (Varies from 256 hours to 603 hours, the request to the Arizona Museum of According to archeological and depending on respondent and/or Natural History at the address in this ethnographic understandings, the activity). notice by July 8, 2021. Hohokam Material Culture people were Total Estimated Number of Annual FOR FURTHER INFORMATION CONTACT: ancestors to the Four Southern Tribes of Burden Hours: 11,680. Melanie Deer, Arizona Museum of Arizona (Ak-Chin Indian Community Respondent’s Obligation: Required to Natural History, 53 N Macdonald, Mesa, [previously listed as Ak Chin Indian obtain or retain a benefit. AZ 85201, telephone (480) 644–4381, Community of the Maricopa (Ak Chin) Frequency of Collection: On occasion. email [email protected]. Indian Reservation, Arizona]; Gila River
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Indian Community of the Gila River DEPARTMENT OF THE INTERIOR Park Service is not responsible for the Indian Reservation, Arizona; Salt River- determinations in this notice. National Park Service Pima Maricopa Indian Community of History and Description of the Cultural the Salt River Reservation, Arizona; and [NPS–WASO–NAGPRA–NPS0032042; Items Tohono O’odham Nation of Arizona) PPWOCRADN0–PCU00RP14.R50000] and the Hopi Tribe of Arizona. The Four In 1940 or 1941, one lot of beans was removed from Santa Clara Pueblo in Rio Southern Tribes of Arizona divide their Notice of Intent To Repatriate Cultural Arriba County, NM. At that time, George ancestral lands such that each Tribe Items: The University of California, Berkeley, Berkeley, CA F. Carter collected the beans from oversees those portions closest to their representatives of the ‘‘East Delaware reservation. AGENCY: National Park Service, Interior. Indians of Okla.’’, a term used for the Determinations Made by the Arizona ACTION: Notice. modern Delaware Tribe of Indians. The Museum of Natural History exact breed of bean is unknown. The SUMMARY: The University of California, one object of cultural patrimony is one Officials of the Arizona Museum of Berkeley, in consultation with the vial of beans. Natural History have determined that: appropriate Indian Tribes or Native In c. 1900, one hank of wampum was Hawaiian organizations, has determined • Pursuant to 25 U.S.C. 3001(9), the removed from an unknown location in that the cultural items listed in this Nebraska. It was collected by Frank B. human remains described in this notice notice meet the definition of Hutchens ‘‘from Indians who were being represent the physical remains of one unassociated funerary objects and relocated by the government.’’ The individual of Native American ancestry. objects of cultural patrimony, items were made of shell, and the place • Pursuant to 25 U.S.C. 3001(2), there respectively. Lineal descendants or of manufacture was recorded as New is a relationship of shared group representatives of any Indian Tribe or Jersey. The one object of cultural identity that can be reasonably traced Native Hawaiian organization not patrimony is a hank of wampum between the Native American human identified in this notice that wish to consisting of 27 strands of cylindrical remains and the Ak-Chin Indian claim these cultural items should shell beads. Community [previously listed as Ak submit a written request to the In 1904, 1,895 funerary objects were Chin Indian Community of the University of California, Berkeley. If no removed from the vicinity of Abbott Maricopa (Ak Chin) Indian Reservation, additional claimants come forward, Farm in Mercer County, NJ. These items Arizona]; Gila River Indian Community transfer of control of the cultural items were collected by Ernest Volk as part of to the lineal descendants, Indian Tribes, of the Gila River Indian Reservation, his annual excavations in the area and or Native Hawaiian organizations stated Arizona; Hopi Tribe of Arizona; Salt sent to the University of California. The in this notice may proceed. River-Pima Maricopa Indian items collected were from funerary sites DATES: Community of the Salt River Lineal descendants or south of Trenton that stretch along representatives of any Indian Tribe or Crosswicks Creek, from the Delaware Reservation, Arizona; and the Tohono Native Hawaiian organization not River to Yardville, NJ. The 1,895 O’odham Nation of Arizona (hereafter identified in this notice that wish to unassociated funerary objects are: 842 referred to as ‘‘The Tribes’’). claim these cultural items should items described as ‘‘lithics and pottery’’; Additional Requestors and Disposition submit a written request with three sets of faunal remains; 62 items information in support of the claim to described as ‘‘hammerstones and Lineal descendants or representatives the University of California, Berkeley at flakes’’; 511 lithics; 21 items described of any Indian Tribe or Native Hawaiian the address in this notice by July 8, as ‘‘lithics and mica’’; 27 items organization not identified in this notice 2021. described as ‘‘lithics, pottery, and that wish to request transfer of control FOR FURTHER INFORMATION CONTACT: Dr. bone’’; 115 items described as ‘‘lithics, of these human remains should submit Thomas Torma; The University of pottery, and charcoal’’; 93 items a written request with information in California, Berkeley; 119 California Hall, described as ‘‘lithics, pottery, antler, support of the request to Melanie Deer, Berkeley, CA 94720–1500, telephone: and pipe’’; 220 items described as Arizona Museum of Natural History, 53 (510) 672–5388, email: t.torma@ ‘‘lithics, pottery, bone, charcoal and N Macdonald, Mesa, AZ 85201, berkeley,edu. botanical remains’’; and one piece of telephone (480) 644–4381, email pottery. SUPPLEMENTARY INFORMATION: Notice is [email protected], by July 8, here given in accordance with the Determinations Made by the University 2021. After that date, if no additional Native American Graves Protection and of California, Berkeley requestors have come forward, transfer Repatriation Act (NAGPRA), 25 U.S.C. Officials of the University of of control of the human remains to The 3005, of the intent to repatriate cultural California, Berkeley have determined Tribes may proceed. items under the control of the that: The Arizona Museum of Natural University of California, Berkeley, • Pursuant to 25 U.S.C. 3001(3)(B), History is responsible for notifying The Berkeley, CA, that meet the definition of the 1,895 cultural items collected from Tribes that this notice has been unassociated funerary objects and New Jersey and described above are published. objects of cultural patrimony, reasonably believed to have been placed respectively, under 25 U.S.C. 3001. with or near individual human remains Dated: May 25, 2021. This notice is published as part of the at the time of death or later as part of Melanie O’Brien, National Park Service’s administrative the death rite or ceremony and are Manager, National NAGPRA Program. responsibilities under NAGPRA, 25 believed, by a preponderance of the [FR Doc. 2021–11947 Filed 6–7–21; 8:45 am] U.S.C. 3003(d)(3). The determinations in evidence, to have been removed from a BILLING CODE 4312–52–P this notice are the sole responsibility of specific burial site of a Native American the museum, institution, or Federal individual. agency that has control of the Native • Pursuant to 25 U.S.C. 3001(3)(D), American cultural items. The National the two cultural items collected from
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New Mexico and Nebraska and Indian Tribe or Native Hawaiian Michigan; Hannahville Indian described above have ongoing historical, organization not identified in this notice Community, Michigan; Keweenaw Bay traditional, or cultural importance that wish to request transfer of control Indian Community, Michigan; Kickapoo central to the Native American group or of these human remains should submit Traditional Tribe of Texas; Kickapoo culture itself, rather than property a written request to the ISMHS. If no Tribe of Indians of the Kickapoo owned by an individual. additional requestors come forward, Reservation in Kansas; Kickapoo Tribe • Pursuant to 25 U.S.C. 3001(2), there transfer of control of the human remains of Oklahoma; Lac Courte Oreilles Band is a relationship of shared group to the Indian Tribes or Native Hawaiian of Lake Superior Chippewa Indians of identity that can be reasonably traced organizations stated in this notice may Wisconsin; Lac du Flambeau Band of between the unassociated funerary proceed. Lake Superior Chippewa Indians of the objects and objects of cultural DATES: Representatives of any Indian Lac du Flambeau Reservation of patrimony and the Delaware Nation, Tribe or Native Hawaiian organization Wisconsin; Lac Vieux Desert Band of Oklahoma; Delaware Tribe of Indians; not identified in this notice that wish to Lake Superior Chippewa Indians of and the Stockbridge Munsee request transfer of control of these Michigan; Match-e-be-nash-she-wish Community, Wisconsin (hereafter human remains should submit a written Band of Pottawatomi Indians of referred to as ‘‘The Tribes’’). request with information in support of Michigan; Miami Tribe of Oklahoma; Additional Requestors and Disposition the request to the ISMHS at the address Minnesota Chippewa Tribe, Minnesota in this notice by July 8, 2021. (Six component reservations: Bois Forte Lineal descendants or representatives FOR FURTHER INFORMATION CONTACT: Band (Nett Lake); Fond du Lac Band; of any Indian Tribe or Native Hawaiian Michele Greenan, Indiana State Grand Portage Band; Leech Lake Band; organization not identified in this notice Museum and Historic Sites Corporation, Mille Lacs Band; White Earth Band); that wish to claim these cultural items 650 West Washington Street, Nottawaseppi Huron Band of the should submit a written request with Indianapolis, IN 46214, telephone (317) Potawatomi, Michigan (previously listed information in support of the claim to 473–0836, email mgreenan@ as Huron Potawatomi, Inc.); Ottawa Dr. Thomas Torma, The University of indianamuseum.org. Tribe of Oklahoma; Peoria Tribe of California, Berkeley, 119 California Hall, Indians of Oklahoma; Pokagon Band of SUPPLEMENTARY INFORMATION: Notice is Berkeley, CA 94720–1500, telephone Potawatomi Indians, Michigan and here given in accordance with the (510) 672–5388, email t.torma@ Indiana; Prairie Band Potawatomi Native American Graves Protection and berkeley,edu, by July 8, 2021. After that Nation (previously listed as Prairie Band Repatriation Act (NAGPRA), 25 U.S.C. date, if no additional claimants have of Potawatomi Nation, Kansas); Red 3003, of the completion of an inventory come forward, transfer of control of the Cliff Band of Lake Superior Chippewa of human remains under the control of unassociated funerary objects and Indians of Wisconsin; Red Lake Band of the Indiana State Museum and Historic objects of cultural patrimony to The Chippewa Indians, Minnesota; Saginaw Sites Corporation, State of Indiana, Tribes may proceed. Chippewa Indian Tribe of Michigan; Indianapolis, IN. The human remains The University of California, Berkeley Sault Ste. Marie Tribe of Chippewa were removed from Ferdinand State is responsible for notifying The Tribes Indians, Michigan; Shawnee Tribe; that this notice has been published. Forest, Dubois County, IN. This notice is published as part of the Sokaogon Chippewa Community, Dated: May 25, 2021. National Park Service’s administrative Wisconsin; St. Croix Chippewa Indians Melanie O’Brien, responsibilities under NAGPRA, 25 of Wisconsin; Turtle Mountain Band of Manager, National NAGPRA Program. U.S.C. 3003(d)(3) and 43 CFR 10.11(d). Chippewa Indians of North Dakota; [FR Doc. 2021–11946 Filed 6–7–21; 8:45 am] The determinations in this notice are United Keetoowah Band of Cherokee BILLING CODE 4312–52–P the sole responsibility of the museum, Indians in Oklahoma; and the institution, or Federal agency that has Wyandotte Nation (hereafter referred to control of the Native American human as ‘‘The Consulted Tribes.)’’ DEPARTMENT OF THE INTERIOR remains. The National Park Service is History and Description of the Remains National Park Service not responsible for the determinations in this notice. On March 30, 2009, human remains [NPS–WASO–NAGPRA–NPS0032049; representing, at minimum, one PPWOCRADN0–PCU00RP14.R50000] Consultation individual were recovered in A detailed assessment of the human association with looting activity at Notice of Inventory Completion: remains was made by ISMHS Ferdinand State Park in Dubois County, Indiana State Museum and Historic professional staff in consultation with IN. Conservation officers were Sites Corporation, State of Indiana, representatives of the Absentee- contacted, and the Indiana Department Indianapolis, IN Shawnee Tribe of Indians of Oklahoma; of Historic Preservation and AGENCY: National Park Service, Interior. Bad River Band of the Lake Superior Archaeology (DHPA) assigned ACTION: Notice. Tribe of Chippewa Indians of the Bad accidental discovery number 2009019 to River Reservation, Wisconsin; Bay Mills the looting area and associated SUMMARY: The Indiana State Museum Indian Community, Michigan; materials. An archeologist from the and Historic Sites Corporation, State of Chippewa Cree Indians of the Rocky Indiana Department of Natural Indiana (ISMHS) has completed an Boy’s Reservation, Montana (previously Resources, Division of Forestry, was inventory of human remains, in listed as Chippewa-Cree Indians of the then contacted to assess the looting. consultation with the appropriate Rocky Boy’s Reservation, Montana); Based on the archeologist’s assessment, Indian Tribes or Native Hawaiian Citizen Potawatomi Nation, Oklahoma; no other information could be organizations, and has determined that Delaware Nation, Oklahoma; Delaware determined, and it appeared that the there is no cultural affiliation between Tribe of Indians; Eastern Shawnee Tribe looters quickly deposited/discarded the the human remains and any present-day of Oklahoma; Forest County Potawatomi material as they were retreating. In July Indian Tribes or Native Hawaiian Community, Wisconsin; Grand Traverse 2013, the human remains were organizations. Representatives of any Band of Ottawa and Chippewa Indians, transferred to the ISMHS.
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The human remains consist of two Lake Superior Chippewa Indians of DEPARTMENT OF THE INTERIOR teeth—a lower left molar and right first Michigan; Match-e-be-nash-she-wish molar. The roots were gone Band of Pottawatomi Indians of National Park Service taphonomically. The wear patterns Michigan; Miami Tribe of Oklahoma; [NPS–WASO–NAGPRA–NPS0032048; indicate that teeth belong to an adult. Minnesota Chippewa Tribe, Minnesota PPWOCRADN0–PCU00RP14.R50000] Determinations of sex, pathology or (Six component reservations: Bois Forte other traits were not possible. No known Band (Nett Lake); Fond du Lac Band; Notice of Inventory Completion: individuals were identified. No Grand Portage Band; Leech Lake Band; Metropolitan Park District of the associated funerary objects are present. Mille Lacs Band; White Earth Band); Toledo Area, Toledo, OH At the ISMHS, staff from the Nottawaseppi Huron Band of the University of Indianapolis assessed the AGENCY: National Park Service, Interior. human remains and determined that Potawatomi, Michigan (previously listed ACTION: Notice. they could be Native American. Taking as Huron Potawatomi, Inc.); Ottawa into account the archeological history of Tribe of Oklahoma; Peoria Tribe of SUMMARY: The Metropolitan Park the area, the ISMHS has determined that Indians of Oklahoma; Pokagon Band of District of the Toledo Area (Metroparks the human remains are more likely than Potawatomi Indians, Michigan and Toledo) has completed an inventory of not Native American. Indiana; Prairie Band Potawatomi human remains and associated funerary Nation (previously listed as Prairie Band objects, in consultation with the Determinations Made by the Indiana of Potawatomi Nation, Kansas); Red appropriate Indian Tribes or Native State Museum and Historic Sites Cliff Band of Lake Superior Chippewa Hawaiian organizations, and has Corporation, State of Indiana Indians of Wisconsin; Red Lake Band of determined that there is no cultural Officials of the Indiana State Museum Chippewa Indians, Minnesota; Saginaw affiliation between the human remains and Historic Sites Corporation, State of Chippewa Indian Tribe of Michigan; and associated funerary objects and any Indiana have determined that: Sault Ste. Marie Tribe of Chippewa present-day Indian Tribes or Native • Pursuant to 25 U.S.C. 3001(9), the Indians, Michigan; Shawnee Tribe; Hawaiian organizations. Representatives human remains described in this notice of any Indian Tribe or Native Hawaiian Sokaogon Chippewa Community, are Native American based on analysis organization not identified in this notice Wisconsin; St. Croix Chippewa Indians of the teeth and the archeological that wish to request transfer of control history of the find locality. of Wisconsin; Turtle Mountain Band of of these human remains and associated • Pursuant to 25 U.S.C. 3001(9), the Chippewa Indians of North Dakota; and funerary objects should submit a written human remains described in this notice the Wyandotte Nation (hereafter referred request to Metroparks Toledo. If no represent the physical remains of one to as ‘‘The Tribes’’). additional requestors come forward, individual of Native American ancestry. • Pursuant to 43 CFR 10.11(c)(1), the transfer of control of the human remains • Pursuant to 25 U.S.C. 3001(2), a disposition of the human remains may and associated funerary objects to the relationship of shared group identity be to The Tribes. Indian Tribes or Native Hawaiian cannot be reasonably traced between the organizations stated in this notice may Native American human remains and Additional Requestors and Disposition proceed. any present-day Indian Tribe. DATES: Representatives of any Indian • Treaties, Acts of Congress, or Representatives of any Indian Tribe or Tribe or Native Hawaiian organization Executive Orders, indicate that the land Native Hawaiian organization not not identified in this notice that wish to from which the Native American human identified in this notice that wish to request transfer of control of these remains were removed is the aboriginal request transfer of control of these human remains and associated funerary land of the Absentee-Shawnee Tribe of human remains should submit a written objects should submit a written request Indians of Oklahoma; Bad River Band of request with information in support of with information in support of the the Lake Superior Tribe of Chippewa the request to Michele Greenan, Indiana request to Metroparks Toledo at the Indians of the Bad River Reservation, State Museum and Historic Sites, address in this notice by July 8, 2021. Wisconsin; Bay Mills Indian Corporation, 650 West Washington St., Community, Michigan; Chippewa Cree Indianapolis, IN 46204, telephone (317) FOR FURTHER INFORMATION CONTACT: Indians of the Rocky Boy’s Reservation, 473–0836, email mgreenan@ Joseph Fausnaugh, Metroparks of the Toledo Area, 5100 West Central Montana (previously listed as indianamuseum.org, by July 8, 2021. Avenue, Toledo, OH 43615, telephone Chippewa-Cree Indians of the Rocky After that date, if no additional Boy’s Reservation, Montana); Citizen (419) 407–9700, email joe.fausnaugh@ requestors have come forward, transfer metroparkstoledo.com. Potawatomi Nation, Oklahoma; of control of the human remains to The Delaware Nation, Oklahoma; Forest Tribes may proceed. SUPPLEMENTARY INFORMATION: Notice is County Potawatomi Community, here given in accordance with the Wisconsin; Grand Traverse Band of The Indiana State Museum and Native American Graves Protection and Ottawa and Chippewa Indians, Historic Sites Corporation, State of Repatriation Act (NAGPRA), 25 U.S.C. Michigan; Hannahville Indian Indiana is responsible for notifying The 3003, of the completion of an inventory Community, Michigan; Keweenaw Bay Consulted Tribes that this notice has of human remains and associated Indian Community, Michigan; Kickapoo been published. funerary objects under the control of the Traditional Tribe of Texas; Kickapoo Dated: May 25, 2021. Metropolitan Park District of the Toledo Tribe of Indians of the Kickapoo Melanie O’Brien, Area, Toledo, OH. The human remains Reservation in Kansas; Kickapoo Tribe and associated funerary objects were Manager, National NAGPRA Program. of Oklahoma; Lac Courte Oreilles Band removed from the Fore Site (33LU0133) of Lake Superior Chippewa Indians of [FR Doc. 2021–11941 Filed 6–7–21; 8:45 am] in the City of Maumee, Lucas County, Wisconsin; Lac du Flambeau Band of BILLING CODE 4312–52–P OH. Lake Superior Chippewa Indians of the This notice is published as part of the Lac du Flambeau Reservation of National Park Service’s administrative Wisconsin; Lac Vieux Desert Band of responsibilities under NAGPRA, 25
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U.S.C. 3003(d)(3) and 43 CFR 10.11(d). tools made of Dundee/Stoney Creek, human remains at the time of death or The determinations in this notice are Ten Mile Creek, Bayport, Cedarville/ later as part of the death rite or the sole responsibility of the museum, Guelph, Delaware, Upper Mercer, Upper ceremony. institution, or Federal agency that has Mercer Nellie Variety, Greywacke, • Pursuant to 25 U.S.C. 3001(2), a control of the Native American human Onondaga, Quartzite, Local Devonian relationship of shared group identity remains and associated funerary objects. Limestone, Flint Ridge, and Pipe Creek cannot be reasonably traced between the The National Park Service is not cherts, one ground stone tool made of Native American human remains and responsible for the determinations in igneous rock, three projectile points associated funerary objects and any this notice. made of Flint Ridge and Bayport cherts, present-day Indian Tribe. four fire-cracked rocks made of igneous • According to final judgments of the Consultation rock and limestone, 62 unmodified Indian Claims Commission or the Court A detailed assessment of the human natural rocks, 408 fired and unfired clay of Federal Claims, the land from which remains was made for Metroparks sherds, four pottery temper fragments, the Native American human remains Toledo by The Mannik Smith Group, 1,408 faunal remains representing deer, were removed is the aboriginal land of Inc. professional staff in consultation cow, rabbit, raccoon, squirrel, turtle, the Ottawa Tribe of Oklahoma. with representatives of the Absentee- unidentified rodents, unidentified birds, • Treaties, Acts of Congress, or Shawnee Tribe of Indians of Oklahoma; unidentified reptiles, and shell Executive Orders, indicate that the land Bay Mills Indian Community, Michigan; fragments, two burned nut fragments, from which the Native American human Delaware Nation, Oklahoma; Delaware 276 charcoal fragments, one bag of soil remains and associated funerary objects Tribe of Indians; Eastern Shawnee Tribe with numerous small charcoal were removed is the aboriginal land of of Oklahoma; Forest County Potawatomi fragments, five slag pieces, one nail the Absentee-Shawnee Tribe of Indians Community, Wisconsin; Grand Traverse fragment, three unidentified ferrous of Oklahoma; Bad River Band of the Band of Ottawa and Chippewa Indians, metal fragments, 53 brick fragments, and Lake Superior Tribe of Chippewa Michigan; Lac Vieux Desert Band of two whiteware sherds. Indians of the Bad River Reservation, Lake Superior Chippewa Indians of Following the excavations, all the Wisconsin; Bay Mills Indian Michigan; Little Traverse Bay Bands of materials removed from the Fore Site Community, Michigan; Chippewa Cree Odawa Indians, Michigan; Match-e-be- were taken to the Heidelberg College Indians of the Rocky Boy’s Reservation, nash-she-wish Band of Pottawatomi Archaeology Laboratory in Tiffin, Ohio. Montana [previously listed as Indians of Michigan; Miami Tribe of A report of investigations for the 1987 Chippewa-Cree Indians of the Rocky Oklahoma; Minnesota Chippewa Tribe, field season at the Fore Site was Boy’s Reservation, Montana]; Citizen Minnesota (Mille Lacs Band); completed by Dr. G. Michael Pratt in the Potawatomi Nation, Oklahoma; Nottawaseppi Huron Band of the spring of 1988. The Fore Site collection Delaware Nation, Oklahoma; Forest Potawatomi, Michigan [previously listed remained at Heidelberg College (now County Potawatomi Community, as Huron Potawaomi, Inc.]; Pokagon Heidelberg University) until the summer Wisconsin; Grand Traverse Band of Band of Potawatomi Indians, Michigan of 2017, when the university eliminated Ottawa and Chippewa Indians, and Indiana; Saginaw Chippewa Indian its anthropology program. At that time, Michigan; Hannahville Indian Tribe of Michigan; Sault Ste. Marie all archeological collections from Community, Michigan; Keweenaw Bay Tribe of Chippewa Indians, Michigan; Metroparks Toledo-owned property Indian Community, Michigan; Kickapoo Shawnee Tribe, Tonawanda Band of were returned to Metroparks Toledo. Traditional Tribe of Texas; Kickapoo Seneca [previously listed as Tonawanda Metroparks Toledo then negotiated an Tribe of Indians of the Kickapoo Band of Seneca Indians of New York]; agreement with the Ohio History Reservation in Kansas; Kickapoo Tribe and the Wyandotte Nation (hereafter Connection (OHC) in Columbus to have of Oklahoma; Lac Courte Oreilles Band referred to as ‘‘The Consulted Tribes’’). the OHC permanently store Metroparks of Lake Superior Chippewa Indians of Wisconsin; Lac du Flambeau Band of History and Description of the Remains Toledo’s archeological collections in its archeological curation facility (which Lake Superior Chippewa Indians of the Between May 18 and June 19, 1987, meets the Secretary of the Interior’s Lac du Flambeau Reservation of human remains representing, at standards [36 CFR 79] for such Wisconsin; Lac Vieux Desert Band of minimum, two individuals were facilities). Lake Superior Chippewa Indians of removed from the Fore Site (33LU0133) Michigan; Match-e-be-nash-she-wish in Lucas County, OH. The Fore Site was Determinations Made by the Band of Pottawatomi Indians of excavated by archeologists from Metropolitan Park District of the Michigan; Miami Tribe of Oklahoma; Heidelberg College in 1986 and 1987. Toledo Area Minnesota Chippewa Tribe, Minnesota During the 1987 field season, a burial Officials of the Metropolitan Park (Six component reservations: Bois Forte feature was excavated. The burial District of the Toledo Area have Band (Nett Lake); Fond du Lac Band; contained one individual. Based on determined that: Grand Portage Band; Leech Lake Band; artifacts contained in the feature, the • Pursuant to 25 U.S.C. 3001(9), the Mille Lacs Band; White Earth Band); burial was dated to the Younge Phase of human remains described in this notice Nottawaseppi Huron Band of the the Late Woodland period (ca. 1050–800 are Native American based on Potawatomi, Michigan [previously listed B.P.), part of the Western Basin archeological context, biological as Huron Potawatomi, Inc.]; Ottawa Tradition culture as described by evidence, museum, and lab records. Tribe of Oklahoma; Peoria Tribe of archeologists. No radiometric dating of • Pursuant to 25 U.S.C. 3001(9), the Indians of Oklahoma; Pokagon Band of any materials from the feature was human remains described in this notice Potawatomi Indians, Michigan and undertaken. In addition to the burial, represent the physical remains of two Indiana; Prairie Band Potawatomi the human remains of one individual individuals of Native American Nation [previously listed as Prairie Band were recovered from another stratum. ancestry. of Potawatomi Nation, Kansas]; Red No known individuals were identified. • Pursuant to 25 U.S.C. 3001(3)(A), Cliff Band of Lake Superior Chippewa The 2,828 associated funerary objects the 2,828 objects described in this Indians of Wisconsin; Red Lake Band of include: One fossilized crinoid bead, notice are reasonably believed to have Chippewa Indians, Minnesota; Saginaw 594 pieces of lithic debitage, cores, and been placed with or near individual Chippewa Indian Tribe of Michigan;
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Sault Ste. Marie Tribe of Chippewa Indian Tribe or Native Hawaiian History and Description of the Remains Indians, Michigan; Shawnee Tribe; organization not identified in this notice Sokaogon Chippewa Community, that wish to request transfer of control In November 1890, human remains Wisconsin; St. Croix Chippewa Indians of these human remains and associated representing, at minimum, two of Wisconsin; Turtle Mountain Band of funerary object should submit a written individuals (record numbers 8286 and Chippewa Indians of North Dakota; and request to the University of 8292) were removed from ‘‘ash pits’’ the Wyandotte Nation (hereafter referred Pennsylvania Museum of Archaeology near Trenton, Mercer County, NJ, by to as ‘‘The Tribes’’). and Anthropology. If no additional Ernest Volk (b. 1845–d. 1919), according • Pursuant to 43 CFR 10.11(c)(1), the requestors come forward, transfer of to the Museum’s records. At the time, disposition of the human remains and control of the human remains and Volk was an archeologist working under associated funerary objects may be to associated funerary object to the lineal the aegis of the Harvard Peabody The Tribes. descendants, Indian Tribes, or Native Museum of Archaeology and Ethnology. Based on what is known about Volk’s Additional Requestors and Disposition Hawaiian organizations stated in this notice may proceed. fieldwork activities (as gleaned from his Representatives of any Indian Tribe or notes of November 1890 and other, DATES: Lineal descendants or Native Hawaiian organization not representatives of any Indian Tribe or published information), these human identified in this notice that wish to Native Hawaiian organization not remains most likely were removed from request transfer of control of these identified in this notice that wish to Lalor and Wrights Field site (28ME10). human remains and associated funerary request transfer of control of these According to Volk’s records, he dug two objects should submit a written request human remains and associated funerary trenches at Lalor Field during November with information in support of the object should submit a written request 3–8, 1890. In one, he found features that request to Joseph Fausnaugh, with information in support of the he labeled ‘‘Potholes.’’ Volk described Metroparks of the Toledo Area, 5100 request to the University of the presence of bone, ash or charcoal (or West Central Avenue, Toledo, OH Pennsylvania Museum of Archaeology both), lithics, pottery, and faunal 42615, telephone (419) 407–9700, email and Anthropology at the address in this remains. Based on this description, the [email protected], notice by July 8, 2021. Museum’s records, and consultation by July 8, 2021. After that date, if no information, the above listed human FOR FURTHER INFORMATION CONTACT: additional requestors have come Dr. remains most likely were removed from forward, transfer of control of the Christopher Woods, Williams Director, these ‘‘Potholes’’ or from other features human remains and associated funerary University of Pennsylvania Museum of located during the Lalor Field objects to The Tribes may proceed. Archaeology and Anthropology, 3260 excavations. That same month, these The Metropolitan Park District of the South Street, Philadelphia, PA 19104– human remains were gifted to the Toledo Area is responsible for notifying 6324, telephone (215) 898–4050, email University of Pennsylvania Museum of The Tribes that this notice has been [email protected]. Archaeology and Anthropology by Carl published. SUPPLEMENTARY INFORMATION: Notice is Edelheim and Clarence S. Bement, both here given in accordance with the Dated: May 25, 2021. of whom were associated with the Native American Graves Protection and University of Pennsylvania and its Melanie O’Brien, Repatriation Act (NAGPRA), 25 U.S.C. Manager, National NAGPRA Program. museum. How the human remains came 3003, of the completion of an inventory to be in the possession of Edelheim and [FR Doc. 2021–11942 Filed 6–7–21; 8:45 am] of human remains and associated Bement is unclear. The human BILLING CODE 4312–52–P funerary object under the control of the remains—cranial elements—belong to University of Pennsylvania Museum of two adults of undetermined sex. No Archaeology and Anthropology, DEPARTMENT OF THE INTERIOR known individuals were identified. The Philadelphia, PA. The human remains one associated funerary object is an National Park Service and associated funerary object were unidentified animal bone (record removed from Lalor and Wright Fields number 8290). [NPS–WASO–NAGPRA–NPS0032045; site (28ME10), Mercer County, NJ. PPWOCRADN0–PCU00RP14.R50000] This notice is published as part of the The archeological evidence from Lalor National Park Service’s administrative Field indicates this site dates to the Notice of Inventory Completion: responsibilities under NAGPRA, 25 Middle and Late Woodland Period. University of Pennsylvania Museum of U.S.C. 3003(d)(3). The determinations in These human remains were determined Archaeology and Anthropology, this notice are the sole responsibility of to be Native American based on their Philadelphia, PA the museum, institution, or Federal archeological context and collection history. Archeological, consultation, AGENCY: National Park Service, Interior. agency that has control of the Native historical, and linguistic information, ACTION: Notice. American human remains and associated funerary object. The National and oral tradition support a cultural SUMMARY: The University of Park Service is not responsible for the affiliation of this Woodland site with Pennsylvania Museum of Archaeology determinations in this notice. the Delaware (Lenape). Today, the and Anthropology has completed an Lenape are represented by three Indian inventory of human remains and Consultation Tribes—the Delaware Nation, associated funerary object, in A detailed assessment of the human Oklahoma; Delaware Tribe of Indians; consultation with the appropriate remains was made by the University of and the Stockbridge Munsee Indian Tribes or Native Hawaiian Pennsylvania Museum of Archaeology Community, Wisconsin. organizations, and has determined that and Anthropology professional staff in Determinations Made by the University there is a cultural affiliation between the consultation with representatives of the of Pennsylvania Museum of human remains and associated funerary Delaware Nation, Oklahoma; Delaware Archaeology and Anthropology object and present-day Indian Tribes or Tribe of Indians; and the Stockbridge Native Hawaiian organizations. Lineal Munsee Community, Wisconsin Officials of the University of descendants or representatives of any (hereafter referred to as ‘‘The Tribes’’). Pennsylvania Museum of Archaeology
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and Anthropology have determined the appropriate Indian Tribes or Native items from a grave at an unknown that: Hawaiian organizations, has determined location near Trenton. Subsequently, • Pursuant to 25 U.S.C. 3001(9), the that the cultural items listed in this these 10 cultural items were transferred human remains described in this notice notice meet the definition of to Samuel S. Haldeman. In September represent the physical remains of two unassociated funerary objects. Lineal 1877, Haldeman’s collection, including individuals of Native American descendants or representatives of any the 10 cultural objects, was donated to ancestry. Indian Tribe or Native Hawaiian the Academy of Natural Sciences of • Pursuant to 25 U.S.C. 3001(3)(A), organization not identified in this notice Philadelphia. the one object described in this notice that wish to claim these cultural items In 1936/1937, collections from the is reasonably believed to have been should submit a written request to the Academy of Natural Sciences of placed with or near individual human University of Pennsylvania Museum of Philadelphia were loaned to the remains at the time of death or later as Archaeology and Anthropology. If no University of Pennsylvania Museum of part of the death rite or ceremony. additional claimants come forward, Archaeology and Anthropology, • Pursuant to 25 U.S.C. 3001(2), there transfer of control of the cultural items including the above enumerated 22 is a relationship of shared group to the lineal descendants, Indian Tribes, cultural items, and in 1997, these 22 identity that can be reasonably traced or Native Hawaiian organizations stated cultural items were gifted to the between the Native American human in this notice may proceed. Museum. The 22 unassociated funerary remains and associated funerary object DATES: Lineal descendants or objects are two pottery sherds (record and The Tribes. representatives of any Indian Tribe or numbers 97–563–337 and 97–563– Additional Requestors and Disposition Native Hawaiian organization not 6473A), 10 animal and fish bones identified in this notice that wish to (record number 97–563–6473B), and 10 Lineal descendants or representatives marginella shell beads (record number of any Indian Tribe or Native Hawaiian claim these cultural items should submit a written request with 97–563–1141). organization not identified in this notice Based on archeological, consultation, that wish to request transfer of control information in support of the claim to the University of Pennsylvania Museum historical, linguistic, oral traditional, of these human remains and associated and geographic information, the cultural funerary object should submit a written of Archaeology and Anthropology at the address in this notice by July 8, 2021. items date to the Woodland Period, and request with information in support of they were most likely connected to the FOR FURTHER INFORMATION CONTACT: Dr. the request to Dr. Christopher Woods, Delaware (Lenape). Today, the Delaware Christopher Woods, Williams Director, Williams Director, University of (Lenape) are represented by three Indian University of Pennsylvania Museum of Pennsylvania Museum of Archaeology Tribes—the Delaware Nation, Archaeology and Anthropology, 3260 and Anthropology, 3260 South Street, Oklahoma; Delaware Tribe of Indians; South Street, Philadelphia, PA 19104– Philadelphia, PA 19104–6324, and the Stockbridge Munsee 6324, telephone (215) 898–4050, email telephone (215) 898–4050, email Community, Wisconsin (hereafter [email protected]. [email protected], by July 8, referred to as ‘‘The Tribes’’). 2021. After that date, if no additional SUPPLEMENTARY INFORMATION: Notice is requestors have come forward, transfer here given in accordance with the Determinations Made by the University of control of the human remains and Native American Graves Protection and of Pennsylvania Museum of associated funerary object to The Tribes Repatriation Act (NAGPRA), 25 U.S.C. Archaeology and Anthropology may proceed. 3005, of the intent to repatriate cultural Officials of the University of The University of Pennsylvania items under the control of the Pennsylvania Museum of Archaeology Museum of Archaeology and University of Pennsylvania Museum of and Anthropology have determined Anthropology is responsible for Archaeology and Anthropology, that: notifying The Tribes that this notice has Philadelphia, PA, that meet the • Pursuant to 25 U.S.C. 3001(3)(B), been published. definition of unassociated funerary the 22 cultural items described above Dated: May 25, 2021. objects under 25 U.S.C. 3001. are reasonably believed to have been This notice is published as part of the Melanie O’Brien, placed with or near individual human National Park Service’s administrative remains at the time of death or later as Manager, National NAGPRA Program. responsibilities under NAGPRA, 25 part of the death rite or ceremony and [FR Doc. 2021–11943 Filed 6–7–21; 8:45 am] U.S.C. 3003(d)(3). The determinations in are believed, by a preponderance of the BILLING CODE 4312–52–P this notice are the sole responsibility of evidence, to have been removed from a the museum, institution, or Federal specific burial site of a Native American agency that has control of the Native individual. DEPARTMENT OF THE INTERIOR American cultural items. The National • Pursuant to 25 U.S.C. 3001(2), there National Park Service Park Service is not responsible for the is a relationship of shared group determinations in this notice. identity that can be reasonably traced [NPS–WASO–NAGPRA–NPS0032044; between the unassociated funerary History and Description of the Cultural PPWOCRADN0–PCU00RP14.R50000] objects and The Tribes. Items Notice of Intent To Repatriate Cultural At an unknown date, 12 cultural Additional Requestors and Disposition Items: University of Pennsylvania items were removed from a Lineal descendants or representatives Museum of Archaeology and ‘‘sarcophagus 4 ft. below the surface’’ at of any Indian Tribe or Native Hawaiian Anthropology, Philadelphia, PA an unidentified location near Trenton in organization not identified in this notice AGENCY: National Park Service, Interior. Mercer County, NJ, by Charles C. Abbott that wish to claim these cultural items ACTION: Notice. (b. 1843–d. 1919). These 12 cultural should submit a written request with items were donated to the Academy of information in support of the claim to SUMMARY: The University of Natural Sciences of Philadelphia most Dr. Christopher Woods, Williams Pennsylvania Museum of Archaeology likely between 1876 and 1894. In 1876, Director, University of Pennsylvania and Anthropology, in consultation with Abbott removed a further 10 cultural Museum of Archaeology and
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Anthropology, 3260 South Street, FOR FURTHER INFORMATION CONTACT: Dr. potsherds; one pottery fragment; two Philadelphia, PA 19104–6324, Thomas Torma; University of California, projectile points; five scrapers; seven telephone (215) 898–4050, email Berkeley; Office of the Vice Chancellor spear points; 84 pieces of stone tools [email protected], by July 8, for Research, 119 California Hall, and flakes; and two stones. 2021. After that date, if no additional Berkeley, CA 94720–1500, telephone The preponderance of the evidence claimants have come forward, transfer (510) 672–5388, email t.torma@ shows that these human remains and of control of the unassociated funerary berkeley.edu. associated funerary objects are of Native objects to The Tribes may proceed. SUPPLEMENTARY INFORMATION: American origin and date sometime The University of Pennsylvania Notice is between the middle woodland period Museum of Archaeology and here given in accordance with the and the early historic era. Mercer Anthropology is responsible for Native American Graves Protection and County, NJ, is the aboriginal territory of notifying The Tribes that this notice has Repatriation Act (NAGPRA), 25 U.S.C. the Lenape, or Delaware people. been published. 3003, of the completion of an inventory of human remains and associated Moreover, archeological, historic, Dated: May 25, 2021. funerary objects under the control of the linguistic, oral traditional, and other Melanie O’Brien, University of California, Berkeley, lines of evidence support a cultural Manager, National NAGPRA Program. Berkeley, CA. The human remains and affiliation of these human remains and [FR Doc. 2021–11944 Filed 6–7–21; 8:45 am] associated funerary objects were objects with the Delaware Nation, BILLING CODE 4312–52–P removed from Mercer County, NJ. Oklahoma; Delaware Tribe of Indians; This notice is published as part of the and the Stockbridge Munsee National Park Service’s administrative Community, Wisconsin. DEPARTMENT OF THE INTERIOR responsibilities under NAGPRA, 25 Determinations Made by the University U.S.C. 3003(d)(3). The determinations in of California, Berkeley National Park Service this notice are the sole responsibility of [NPS–WASO–NAGPRA–NPS0032043; the museum, institution, or Federal Officials of the University of PPWOCRADN0–PCU00RP14.R50000] agency that has control of the Native California, Berkeley have determined American human remains and that: Notice of Inventory Completion: The associated funerary objects. The • Pursuant to 25 U.S.C. 3001(9), the University of California, Berkeley; National Park Service is not responsible human remains described in this notice Berkeley, CA for the determinations in this notice. represent the physical remains of four AGENCY: National Park Service, Interior. Consultation individuals of Native American ACTION: Notice. A detailed assessment of the human ancestry. SUMMARY: The University of California, remains was made by the University of • Pursuant to 25 U.S.C. 3001(3)(A), Berkeley has completed an inventory of California, Berkeley professional staff in the 713 objects described in this notice human remains and associated funerary consultation with representatives of the are reasonably believed to have been objects, in consultation with the Delaware Nation, Oklahoma; Delaware placed with or near individual human appropriate Indian Tribes or Native Tribe of Indians; and the Stockbridge remains at the time of death or later as Hawaiian organizations, and has Munsee Community, Wisconsin part of the death rite or ceremony. determined that there is a cultural (hereafter referred to as ‘‘The Tribes’’). • Pursuant to 25 U.S.C. 3001(2), there affiliation between the human remains History and Description of the Remains is a relationship of shared group and associated funerary objects and identity that can be reasonably traced present-day Indian Tribes or Native In 1904, human remains representing, between the Native American human Hawaiian organizations. Lineal at minimum, four individuals were remains and associated funerary objects descendants or representatives of any removed from Major Woodward’s Farm and The Tribes. Indian Tribe or Native Hawaiian and Squire Willey’s Farm in Mercer organization not identified in this notice County, NJ. They were collected by Additional Requestors and Disposition that wish to request transfer of control Ernest Volk as part of his annual of these human remains and associated excavations in the area. Although in Lineal descendants or representatives funerary objects should submit a written most years during his 22-year-long of any Indian Tribe or Native Hawaiian request to the University of California, study, Volk’s work was done under the organization not identified in this notice Berkeley. If no additional requestors supervision of Frederick Ward Putnam that wish to request transfer of control come forward, transfer of control of the at Harvard University, for some of these human remains and associated human remains and associated funerary unknown reason, all the materials Volk funerary objects should submit a written objects to the lineal descendants, Indian collected in 1904 were sent to the request with information in support of Tribes, or Native Hawaiian University of California. The human the request to Dr. Thomas Torma; organizations stated in this notice may remains belong to four individuals of University of California, Berkeley; proceed. unknown age and sex. No known Office of the Vice Chancellor for DATES: Lineal descendants or individuals were identified. The 713 Research, 119 California Hall, Berkeley, representatives of any Indian Tribe or associated funerary objects are one axe; CA 94720–1500, telephone (510) 672– Native Hawaiian organization not one set of faunal remains; 87 pieces of 5388, email [email protected], by identified in this notice that wish to flake and cobble; 109 pieces of flake and July 8, 2021. After that date, if no request transfer of control of these gravel; 190 pieces of flake and comb additional requestors have come human remains and associated funerary fragment; six pieces of flake and scraper; forward, transfer of control of the objects should submit a written request 44 pieces of flake and stone; 100 pieces human remains and associated funerary with information in support of the of flake, hammerstone, and gravel; five objects to The Tribes may proceed. request to the University of California, flakes; one graver; two knives; 27 pieces The University of California, Berkeley Berkeley at the address in this notice by of pebble, stone tools, and flake; one is responsible for notifying The Tribes July 8, 2021. pestle; 27 points and flakes; 11 that this notice has been published.
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Dated: May 25, 2021. Federal agencies to comment on new, or federally assisted projects and listing Melanie O’Brien, proposed, revised, and continuing in the National Register is required for Manager, National NAGPRA Program. collections of information. This helps us eligibility for Federal rehabilitation tax [FR Doc. 2021–11945 Filed 6–7–21; 8:45 am] assess the impact of our information incentives. BILLING CODE 4312–52–P collection requirements and minimize The NPS is responsible for the public’s reporting burden. It also administering the National Register. helps the public understand our Nominations for listing historic DEPARTMENT OF THE INTERIOR information collection requirements and properties come from State Historic provide the requested data in the Preservation Officers (SHPO), from National Park Service desired format. Federal Preservation Officers (FPO) for We are especially interested in public [NPS–WASO–CR–NPS0031595; properties owned or controlled by the PPWOCRADI0, PCU00RP15.R50000, comment addressing the following: United States Government, and from 212P104215 (211); OMB Control Number (1) Whether or not the collection of Tribal Historic Preservation Officers 1024–0018] information is necessary for the proper (THPO) for properties on tribal lands. performance of the functions of the Private individuals and organizations, Agency Information Collection agency, including whether or not the local governments, and American Activities; Nomination of Properties for information will have practical utility. Indian tribes often initiate this process Listing in the National Register of (2) The accuracy of our estimate of the and prepare the necessary Historic Places burden for this collection of documentation. Regulations at 36 CFR information, including the validity of AGENCY: National Park Service, Interior. 60 and 63 establish the criteria and the methodology and assumptions used. guidelines for listing and for ACTION: Notice of Information collection; (3) Ways to enhance the quality, determining the eligibility of properties. request for comment. utility, and clarity of the information to be collected. Title of Collection: Nomination of SUMMARY: In accordance with the (4) How might the agency minimize Properties for Listing in the National Paperwork Reduction Act of 1995, we, the burden of the collection of Register of Historic Places. the National Park Service (NPS) are information on those who are to OMB Control Number: 1024–0018. proposing to renew an information respond, including through the use of Form Number: 10–900, 10–900–a, and collection. appropriate automated, electronic, 10–900–b. DATES: Interested persons are invited to mechanical, or other technological submit comments on or before August 9, collection techniques or other forms of Type of Review: Extension of a 2021. information technology, e.g., permitting currently approved collection. ADDRESSES: Send your comments on electronic submission of response. Respondents/Affected Public: this information collection request (ICR) Comments that you submit in Individuals, Private Sector, and by mail to Phadrea Ponds, NPS response to this notice are a matter of Government. public record. We will include or Information Collection Clearance Total Estimated Number of Annual summarize each comment in our request Officer, National Park Service, 1201 Respondents: 2,564. Oakridge Drive Fort Collins, CO 80525; to OMB to approve this ICR. Before or by email to [email protected]. including your address, phone number, Total Estimated Number of Annual Please reference Office of Management email address, or other personal Responses: 8,443. and Budget (OMB) Control Number identifying information in your Estimated Completion Time per 1024–0018 in the subject line of your comment, you should be aware that Response: Varies from 6 hours to 250 comments. your entire comment—including your hours, depending on respondent and/or personal identifying information—may activity. FOR FURTHER INFORMATION CONTACT: To be made publicly available at any time. Total Estimated Number of Annual request additional information about While you can ask us in your comment Burden Hours: 226,672. this ICR, contact, Alexis Abernathy, to withhold your personal identifying National Register of Historic Places, by Respondent’s Obligation: Required to _ information from public review, we email at alexis [email protected], or cannot guarantee that we will be able to obtain or retain a benefit. by telephone at 202 354–2236. do so. Frequency of Collection: On occasion. Individuals who are hearing or speech Abstract: The National Register of impaired may call the Federal Relay Historic Places (NRHP) is the official Total Estimated Annual Nonhour Service at 1–800–877–8339 for TTY Federal list of districts, sites, buildings, Burden Cost: None. assistance. structures, and objects significant in An agency may not conduct or SUPPLEMENTARY INFORMATION: In American history, architecture, sponsor and a person is not required to accordance with the Paperwork archeology, engineering, and culture. respond to a collection of information Reduction Act of 1995 (PRA, 44 U.S.C. National Register properties have unless it displays a currently valid OMB 3501 et seq.) and 5 CFR 1320.8(d)(1), all significance to the history of control number. information collections require approval communities, States, or the Nation. The The authority for this action is the under the PRA. We may not conduct or National Historic Preservation Act of Paperwork Reduction Act of 1995 (44 sponsor and you are not required to 1966 requires the Secretary of the U.S.C. 3501 et seq.). respond to a collection of information Interior to maintain and expand the unless it displays a currently valid OMB National Register, and to establish Phadrea Ponds, control number. criteria and guidelines for including Information Collection Clearance Officer, As part of our continuing effort to properties on the National Register. National Park Service. reduce paperwork and respondent National Register properties must be [FR Doc. 2021–11988 Filed 6–7–21; 8:45 am] burdens, we invite the public and other considered in the planning for Federal BILLING CODE 4312–52–P
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DEPARTMENT OF THE INTERIOR American cultural item. The National claimants have come forward, transfer Park Service is not responsible for the of control of the object of cultural National Park Service determinations in this notice. patrimony to the Metlakatla Indian Community, Annette Island Reserve [NPS–WASO–NAGPRA–NPS0032040; History and Description of the Cultural PPWOCRADN0–PCU00RP14.R50000] may proceed. Item The McClure Archives and University Notice of Intent To Repatriate Cultural In the 1920s, one cultural item was Museum, University of Central Missouri Items: McClure Archives and removed from an unknown location is responsible for notifying the University Museum, University of most likely on the southeastern coast of Metlakatla Indian Community, Annette Central Missouri, Warrensburg, MO Alaska. In the 1920s, anthropologist Island Reserve that this notice has been Erna Gunther collected or bought a published. AGENCY: National Park Service, Interior. wooden food box from the Tsimshian Dated: May 25, 2021. ACTION: Notice. people. After her death in 1982, Melanie O’Brien, Gunther’s son, anthropologist Robert Manager, National NAGPRA Program. SUMMARY: The McClure Archives and Spier, inherited the box. Spier reported University Museum, University of that his mother did not tell him much [FR Doc. 2021–11948 Filed 6–7–21; 8:45 am] Central Missouri, in consultation with about the box, as it caused tension BILLING CODE 4312–52–P the appropriate Indian Tribes or Native between his parents and ultimately Hawaiian organizations, has determined played a part in their divorce. Robert that the cultural item listed in this Spier died in 2014. In 2017, his widow, DEPARTMENT OF JUSTICE notice meet the definition of an object Carolyn Spier, donated the box to the Antitrust Division of cultural patrimony. Lineal McClure Archives and University descendants or representatives of any Museum, along with many other items United States v. Zen-Noh Grain Indian Tribe or Native Hawaiian in her husband’s personal Corporation, et al.; Proposed Final organization not identified in this notice anthropological collection. The one Judgment and Competitive Impact that wish to claim this cultural item object of cultural patrimony is this Statement should submit a written request to the wooden food box. McClure Archives and University Following analysis by McClure Notice is hereby given pursuant to the Museum. If no additional claimants Archive and University Museum staff, a Antitrust Procedures and Penalties Act, come forward, transfer of control of the determination was made that this 15 U.S.C. 16(b)–(h), that a proposed cultural item to the lineal descendants, wooden food box is Tsimshian, and is Final Judgment, Stipulation, and Indian Tribes, or Native Hawaiian connected to the Metlakatla Indian Competitive Impact Statement have organizations stated in this notice may Community, Annette Island Reserve, in been filed with the United States proceed. Alaska. District Court for the District of DATES: Columbia in United States of America v. Lineal descendants or Determinations Made by the McClure representatives of any Indian Tribe or Zen-Noh Grain Corporation, et al., Civil Archives and University Museum, Action No. 1:21–cv–1482–RJL. On June Native Hawaiian organization not University of Central Missouri identified in this notice that wish to 1, 2021, the United States filed a claim this cultural item should submit Officials of the McClure Archives and Complaint alleging that Zen-Noh Grain a written request with information in University Museum, University of Corporation’s proposed acquisition of Central Missouri have determined that: 35 operating and 13 idled U.S. grain support of the claim to the McClure • Archives and University Museum at the Pursuant to 25 U.S.C. 3001(3)(D), origination elevators from Bunge North address in this notice by July 8, 2021. the one cultural item described above America, Inc. would violate Section 7 of has ongoing historical, traditional, or the Clayton Act, 15 U.S.C. 18. The FOR FURTHER INFORMATION CONTACT: cultural importance central to the proposed Final Judgment, filed at the Ashley McGuffey, NAGPRA Preparator, Native American group or culture itself, same time as the Complaint, requires McClure Archives and University rather than property owned by an Zen-Noh Grain Corporation to divest Museum of JCKL 1470, 601 Missouri individual. nine grain elevators located in five Street, Warrensburg, MO 64093, • Pursuant to 25 U.S.C. 3001(2), there states along the Mississippi River and telephone (660) 543–4649, email is a relationship of shared group its tributaries. [email protected]. identity that can be reasonably traced Copies of the Complaint, proposed SUPPLEMENTARY INFORMATION: Notice is between the object of cultural patrimony Final Judgment, and Competitive Impact here given in accordance with the and the Metlakatla Indian Community, Statement are available for inspection Native American Graves Protection and Annette Island Reserve. on the Antitrust Division’s website at Repatriation Act (NAGPRA), 25 U.S.C. http://www.justice.gov/atr and at the 3005, of the intent to repatriate a Additional Requestors and Disposition Office of the Clerk of the United States cultural item under the control of the Lineal descendants or representatives District Court for the District of McClure Archives and University of any Indian Tribe or Native Hawaiian Columbia. Copies of these materials may Museum, University of Central organization not identified in this notice be obtained from the Antitrust Division Missouri, Warrensburg, MO, that meets that wish to claim this cultural item upon request and payment of the the definition of an object of cultural should submit a written request with copying fee set by Department of Justice patrimony under 25 U.S.C. 3001. information in support of the claim to regulations. This notice is published as part of the Ashley McGuffey, NAGPRA Preparator, Public comment is invited within 60 National Park Service’s administrative McClure Archives and University days of the date of this notice. Such responsibilities under NAGPRA, 25 Museum of JCKL 1470, 601 Missouri comments, including the name of the U.S.C. 3003(d)(3). The determinations in Street, Warrensburg, MO 64093, submitter, and responses thereto, will be this notice are the sole responsibility of telephone (660) 543–4649, email posted on the Antitrust Division’s the museum, institution, or Federal [email protected], by July 8, 2021. website, filed with the Court, and, under agency that has control of the Native After that date, if no additional certain circumstances, published in the
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Federal Register. Comments should be distributing the grain to customers Clayton Act, 15 U.S.C. 25, and 28 U.S.C. submitted in English and directed to throughout the United States and the 1331, 1337(a), and 1345. Robert Lepore, Chief, Transportation, rest of the world. 8. ZGC and Bunge have each Energy, and Agriculture Section, 3. Today, ZGC, along with its affiliate consented to personal jurisdiction and Antitrust Division, Department of CGB Enterprises, Inc. (‘‘CGB’’), a 50–50 venue in this jurisdiction for purposes Justice, 450 Fifth Street NW, Suite 8000, joint venture between ZGC and Itochu of this action. Venue is proper under 15 Washington, DC 20530 (email address: Corporation, competes against Bunge to U.S.C. 22, and 28 U.S.C. 1391(b) and (c). [email protected]). purchase corn and soybeans at III. Defendants and the Proposed numerous U.S. grain elevators and at Suzanne Morris, Transaction their port elevators. In particular, in Chief, Premerger and Division Statistics, 9. This case arises from ZGC’s Antitrust Division. some areas along the Mississippi and Ohio Rivers where the Defendants proposed acquisition of certain grain UNITED STATES DISTRICT COURT operate competing river elevators, elevator assets from Bunge for FOR THE DISTRICT OF COLUMBIA farmers have few—if any—alternative approximately $300 million pursuant to purchasers for their grain. The an Asset Purchase Agreement entered United States of America, U.S. Department on April 21, 2020. acquisition will eliminate competition of Justice, Antitrust Division, 450 Fifth Street 10. ZGC, headquartered in Covington, between ZGC and Bunge in those NW, Suite 8000, Washington, DC 20530, Louisiana, is a subsidiary of the Plaintiff, v. Zen–Noh Grain Corp., 1127 locations; as a result, many U.S. farmers National Federation of Agricultural Highway 190, East Service Road, Covington, are likely to receive lower prices and LA 70433 and Bunge North America, Inc., Cooperative Associations of Japan. ZGC poorer quality service when seeking to owns and operates a state-of-the-art 1391 Timberland Manor Parkway, sell their grain. Chesterfield, MO 63017, Defendants. export elevator located on the 4. In nine geographic areas, a Bunge Mississippi River near Convent, Civil Action No.: 1:21–cv–1482–RJL elevator and a nearby ZGC or CGB Judge Richard J. Leon Louisiana, from which it trades and elevator represent two of only a small exports corn, soybeans, sorghum, wheat, Complaint number of alternatives where area and grain by-products. Recently The United States of America, acting farmers can sell their grain. In those expanded in 2018 to handle up to 17 under the direction of the Attorney nine areas, ZGC and Bunge currently million tons of grain annually, ZGC’s General of the United States, brings this compete aggressively to win farmers’ Convent elevator is the largest port civil antitrust action to prevent Zen-Noh business by offering better prices and elevator on the Mississippi. ZGC does Grain Corp. from acquiring assets of more attractive amenities such faster not own any inland grain elevators and Bunge North America, Inc. The United grain drop-off services and better grain relies upon its affiliate, CGB, to supply States alleges as follows: grading. Faster drop-off services mean the majority of the massive quantities of farmers can get back to their fields more corn and soybeans ZGC exports I. Introduction quickly and make better use of their annually from Convent. Post- 1. American farmers produce the trucks and employees, ultimately saving acquisition, ZGC intends to lease the crops that feed our nation and the time and money. If one elevator is Bunge elevators to CGB to operate world. The United States’ primary crops grading grain more harshly or through CGB’s wholly owned are corn and soybeans (collectively inconsistently, which may lead to a subsidiary, Consolidated Grain and referred to here as ‘‘grain’’). American lower price paid to a farmer for the Barge Co. farmers produced 14.2 billion bushels of grain, the farmer has the option of 11. CGB is a 50–50 joint venture corn and 4.14 billion bushels of selling to a competing elevator which between ZGC and Itochu Corporation, a soybeans in 2020, and roughly one- may grade differently. global trading company. CGB operates quarter of these grains were exported. In 5. If the proposed transaction more than 100 elevators, many of which the United States, grain may flow from proceeds in its current form, farmers are located along the Mississippi, Ohio, the farm directly to end users like located in these areas are likely to Arkansas, and Illinois Rivers. CGB is the ethanol plants and feed mills, or farmers receive lower prices and lower quality fifth-largest grain company in the can sell their grain to local grain services, and have fewer choices for the United States by storage capacity. CGB’s elevators, where it is stored and sale of their crops. The proposed grain merchandizers are in daily contact aggregated, and later transported by transaction therefore is likely to lessen with thousands of farmers, actively train or barge to more distant domestic competition substantially in violation of seeking to purchase grain from them. end users or to port elevators for export. Section 7 of the Clayton Act, 15 U.S.C. Currently, CGB sells approximately 60% To earn a fair return on their hard work 18, and the Court should enjoin this of the grain it purchases to ZGC. and investments, farmers rely on unlawful transaction. 12. Bunge, headquartered in Chesterfield, Missouri, is the North vigorous competition between the II. Jurisdiction and Venue companies that purchase their grain for American subsidiary of Bunge Limited. direct use or further resale. 6. The United States brings this action Bunge is a large agribusiness and food 2. Zen-Noh Grain Corp. (‘‘ZGC’’) seeks pursuant to Section 15 of the Clayton ingredient company that owns and to acquire 35 operating and 13 idled Act, 15 U.S.C. 25, to prevent and operates grain elevators, oilseed U.S. grain elevators from Bunge North restrain Defendants from violating processing plants, and edible oil America, Inc. (‘‘Bunge’’). These Section 7 of the Clayton Act, 15 U.S.C. refineries, as well as grain export elevators are located in nine states, 18. terminals. Bunge is the eighth-largest mainly along the Mississippi River and 7. Defendants are engaged in, and grain company in the United States by its tributaries. ZGC and Bunge are both their activities substantially affect, storage capacity. Post-acquisition, grain traders and exporters, each interstate commerce. ZGC and Bunge Bunge will continue purchase grain in purchasing millions of tons of corn and both purchase, store, and sell grain the United States via its export elevator soybeans annually from farmers located throughout the United States. The Court on the Mississippi River in Destrehan, across the United States’ agricultural has subject matter jurisdiction over this Louisiana and its export terminal in regions, and through their networks action pursuant to Section 15 of the Longview, Washington (a joint venture
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with Itochu Corporation). In addition to but significant decrease in price by a (d) The overlapping draw areas of the export terminals, Bunge will retain hypothetical monopsonist of that crop. elevators in the vicinity of ownership interests in eight elevators in The purchase of corn and the purchase Caruthersville, Missouri; Illinois and Indiana. of soybeans for end use or for sale to the (e) The overlapping draw areas of export market each constitute a relevant elevators in the vicinity of Huffman, IV. The Relevant Markets product market and line of commerce Arkansas; 13. The livelihood of farmers depends under Section 7 of the Clayton Act, 15 (f) The overlapping draw areas of on their ability to sell the corn and U.S.C. 18. elevators in the vicinity of Osceola, soybeans they grow to purchasers who Arkansas; offer them the best price, net of B. Relevant Geographic Market (g) The overlapping draws areas of transportation and other selling costs 17. Farmers typically haul grain by elevators in the vicinity of Helena, that farmers incur. Ethanol plants and truck to nearby elevators or end users. Arkansas; feed and crush mills purchase grain and Transportation costs increase (h) The overlapping draw areas of process it into usable products such as significantly with every mile the farmers elevators in the vicinity of Lake soymeal or fuel. Rail and river elevators must transport the grain to reach a Providence, Louisiana; and (i) The overlapping draw areas of also purchase grain and store it until it purchaser, reducing the farmers’ profits. elevators in the vicinity of Lettsworth, is sold and transported to end users, in Transporting grain also consumes either domestic or export markets. Louisiana. farmers’ time. For these reasons, a small 20. These geographic areas satisfy the 14. For convenience, some farmers change in price would not likely cause may sell their grain to smaller, hypothetical monopsonist test (a farmers to significantly expand the ‘‘monopsonist’’ is a buyer that controls ‘‘country’’ elevators, located in closer distance they are willing to drive to sell proximity to the farmer than end users the purchases in a given market), the their grain. The distance a farmer is buyer-side counterpart to the or rail and river elevators. Such willing to drive is determined in large elevators serve as grain collection and hypothetical monopolist test. A part by the second-closest potential hypothetical monopsonist of the buying points in rural communities, and purchaser, which is the best competitive may provide other services like grain purchase of corn or soybeans in each of threat to the purchaser closest to the these areas would impose at least a storage, drying, and conditioning farmer. services. Upon aggregating sufficient small but significant and non-transitory 18. Rail or river elevators and other quantities of grain, or when market decrease in the price paid to farmers. grain purchasing facilities, such as grain prices are most attractive, country Such a price decrease for these products crush plants and ethanol plants, elevators ultimately resell the grain to would not be defeated by farmers selling typically purchase grain from within the end users or to the larger rail or river to purchasers outside their local area facility’s draw area. ‘‘Draw area’’ is an elevators that can transport the grain to due to the added costs of transportation. industry term that describes the end users or export elevators. As farmers in these areas have already 15. More than 45% of the grain locations of farms from which the determined the best use of their exported from the U.S. is shipped out facility expects to acquire most of its farmland, a price decrease would also from port elevator export terminals grain. Each elevator or end user has a not be defeated by farmers’ switching to located at the mouth of the Mississippi unique draw area due to characteristics growing alternative crops. Farmers River near the Gulf of Mexico. The vast such as surrounding road conditions, currently growing corn or soybeans are majority of this grain is sourced from crop output, local topography, and unlikely convert to production of other river elevators located along the proximity of competing purchasers. The agricultural commodities in sufficient Mississippi and its tributaries. These draw area of a grain purchasing facility numbers to prevent a small but river elevators, found as far north as is determined by transportation time significant decrease in price. Nor could Minnesota, purchase grain from and costs and so is usually very area farmers thwart a post-transaction surrounding farms, and load it onto localized. price decrease by selling instead to local barges for transport to the port elevators. 19. The draw area of one grain facility country elevators. Country elevators frequently will overlap with that of simply resell grain to river and rail A. Relevant Product Markets another, resulting in competition elevators or to other end users; if 16. ZGC (mainly through CGB) and between the facilities to purchase grain Defendants lower prices post- Bunge own grain elevators, primarily from farmers. Some farming areas of the transaction, country elevators would be located at rail terminals and along country may be located such that they forced to lower their own price to navigable rivers. They compete with fall within the overlapping draw areas farmers to maintain profitability. other grain purchasers, including of only a few competing grain Consequently, country elevators cannot ethanol processors, feed mills, and purchasing facilities. In particular, in mitigate a price decrease resulting from crush processors, to purchase corn and the following areas where the this transaction. Therefore, each of the soybeans from U.S. farmers, brokers and Defendants’ river elevators have overlapping draw areas above constitute country elevators. Corn and soybeans overlapping draw areas, there are only a relevant geographic market within the are each distinct products without a small number of grain purchasers meaning of Section 7 of the Clayton Act, reasonable substitutes, differing from competing to purchase farmers’ corn 15 U.S.C. 18, for the purposes of other agricultural commodities and one and soybeans: analyzing this transaction. another in their physical characteristics, (a) The overlapping draw areas of means of production, uses, and pricing. elevators in the vicinity of McGregor, V. ZGC’s Acquisition of Certain Grain Because of the length of growing Iowa; Elevators From Bunge is Likely To seasons, and the suitability of corn and (b) The overlapping draw areas of Result in Anticompetitive Effects soybeans to certain climates and elevators in the vicinity of Albany/ 21. In each of the nine relevant regions, farmers of these crops would Fulton, Illinois; geographic markets, ZGC (and its not switch to production of other (c) The overlapping draw areas of affiliate CGB) and Bunge are two of a agricultural commodities in sufficient elevators in the vicinity of very small number of grain purchasers numbers to render unprofitable a small Shawneetown, Illinois; competing to buy corn and soybeans; in
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two of these markets, CGB and Bunge 27. ZGC’s proposed acquisition of the UNITED STATES DISTRICT COURT are the only elevators available to area Bunge elevators is likely to substantially FOR THE DISTRICT OF COLUMBIA farmers. Famers located within these lessen competition in the relevant United States of America, Plaintiff, v. Zen- geographic areas depend on this markets, in violation of Section 7 of the Noh Grain Corp., and Bunge North America, competition to obtain a competitive Clayton Act, 15 U.S.C. 18. Inc., Defendants. price for their grain. ZGC’s acquisition 28. Unless enjoined, the proposed Civil Action No.: 1:21–cv–1482–RJL of Bunge’s elevators will substantially acquisition would likely have the Judge Richard J. Leon lessen competition for the purchase of following anticompetitive effects, Proposed Final Judgment corn and soybeans in these markets, among others: enabling it to unilaterally depress prices Whereas, Plaintiff, United States of (a) Eliminate present and future paid to farmers for their crops. America, filed its Complaint on lll, competition between ZGC (and affiliate 22. Because there are few alternative 2021; grain purchasers within these CGB) and Bunge in the each of the And whereas, the United States and geographic areas, purchases of grain are relevant geographic markets for the Defendants, Zen-Noh Grain Corp. and highly concentrated, with the purchase of corn and the purchase of Bunge North America, Inc., by their Defendants accounting for a majority of soybeans; respective attorneys, have consented to corn and/or soybean purchases in a (b) cause prices paid to farmers for entry of this Final Judgment without the given year. For example, in 2019, the corn and soybeans to be lower than they taking of testimony, without trial or Defendants purchased upwards of 95% would be otherwise; and adjudication of any issue of fact or law, of the total corn and soybean output of (c) reduce quality, service, and choice and without this Final Judgment farmers in Pemiscot County, Missouri; for American farmers. constituting any evidence against or Pemiscot County falls within the draw admission by any party regarding any area of Bunge’s Caruthersville, Missouri VIII. Request for Relief issue of fact or law; river elevator, and the draw areas of And whereas, Defendants agree to 29. The United States requests that CGB’s Caruthersville and Cottonwood, make certain divestitures to remedy the the Court: Missouri river elevators. loss of competition alleged in the 23. By eliminating head-to-head (a) Adjudge ZGC’s acquisition of Complaint; competition between ZGC (and its Bunge’s elevators to violate Section 7 of And whereas, Defendants represent affiliate CGB) and Bunge for grain the Clayton Act, 15 U.S.C. 18; that the divestitures and other relief purchases in these geographic markets, (b) permanently enjoin Defendants required by this Final Judgment can and the proposed acquisition would result from consummating ZGC’s proposed will be made and that Defendants will in lower prices paid to farmers, lower acquisition of Bunge’s elevators or from not later raise a claim of hardship or quality of services offered to farmers at entering into or carrying out any other difficulty as grounds for asking the the grain origination elevators, and agreement, understanding, or plan by Court to modify any provision of this reduced choice of outlets for farmers to which the assets or businesses of ZGC Final Judgment; sell their grain. The proposed and Bunge would be combined; Now therefore, it is ordered, transaction would substantially lessen adjudged, and decreed: (c) award the United States its costs competition and harm the many farmers of this action; and selling their crops to river elevators I. Jurisdiction along the Mississippi River and its (d) grant the United States such other The Court has jurisdiction over the tributaries. relief the Court deems just and proper. subject matter of and each of the parties to this action. The Complaint states a V. Absence of Countervailing Factors Dated: June 1, 2021. Respectfully submitted, claim upon which relief may be granted 24. New entry and expansion by FOR PLAINTIFF UNITED STATES: against Defendants under Section 7 of competitors likely will not be timely the Clayton Act, as amended (15 U.S.C. and sufficient in scope to prevent the lllllllllllllllllllll Richard A. Powers 18). acquisition’s likely anticompetitive Acting Assistant Attorney General for II. Definitions effects. New elevators are unlikely to be Antitrust constructed in these geographic markets lllllllllllllllllllll As used in this Final Judgment: because of the high cost of construction Kathleen S. O’Neill A. ‘‘Acquirer’’ or ‘‘Acquirers’’ means and the difficulty of finding appropriate Senior Director of Investigations & Litigation Viserion or another entity or entities to locations to build such a facility along lllllllllllllllllllll which Defendants divest the Divestiture the Mississippi or its tributaries. Even Robert A. Lepore Assets. assuming such a location could be Chief, Transportation, Energy & Agriculture B. ‘‘ZGC’’ means Zen-Noh Grain found and regulatory and permitting Section Corp., a Louisiana corporation lllllllllllllllllllll headquartered in Covington, Louisiana, requirements could be fulfilled, Katherine A. Celeste constructing a river elevator would take its successors and assigns, and its Assistant Chief, Transportation, Energy & subsidiaries, divisions, groups, affiliates approximately two years to complete. Agriculture Section 25. The proposed acquisition is lllllllllllllllllllll (including CGB), partnerships, and joint unlikely to generate verifiable, merger- Jill Ptacek * ventures, and their directors, officers, specific efficiencies sufficient to reverse Michele B. Cano managers, agents, and employees. or outweigh the anticompetitive effects Jessica Butler-Arkow (D.C. #43022) C. ‘‘Bunge’’ means Bunge North likely to occur. Attorneys for the United States America, Inc., a New York corporation headquartered in Chesterfield, Missouri, VII. Violation Alleged U.S. Department of Justice, Antitrust Division, 450 Fifth Street NW, Suite 8000, its successors and assigns, and its 26. The United States hereby Washington, DC 20530, Tel: (202) 307–6607, subsidiaries, divisions, groups, incorporates the allegations of Fax: (202) 616–2441, Email: jill.ptacek@ affiliates, partnerships, and joint paragraphs 1 through 26 above as if set usdoj.gov ventures, and their directors, officers, forth fully herein. * Lead attorney to be noticed managers, agents, and employees.
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D. ‘‘Bunge Elevators’’ means the ventures, and their directors, officers, companies headquartered in Colorado, elevators located on the properties managers, agents, and employees. their successors and assigns, their owned or leased by Bunge listed among F. ‘‘CGB Elevator’’ means the elevator subsidiaries, divisions, groups, the Divested Elevators. located on the property owned or leased affiliates, partnerships, and joint E. ‘‘CGB’’ means CGB Enterprises Inc., by CGB listed among the Divested ventures and their directors, officers, a Louisiana corporation headquartered Elevators. managers, agents, and employees. in Covington, LA, its successors and G. ‘‘Viserion’’ means Viserion Grain, assigns, and its subsidiaries, divisions, LLC and Viserion International Holdco, H. ‘‘Divested Elevators’’ means the groups, affiliates, partnerships, and joint LLC, Delaware limited liability following elevators:
Geographic area Elevator(s) to be divested
McGregor, IA ...... The Bunge Elevator located at 311 E B St., McGregor, IA 52157. Albany, IL ...... The Bunge Elevator located at 1002 N Main St., Albany, IL 61230 OR the CGB Elevator located at 561 Broderick Drive, Savanna, IL 61074. Shawneetown, IL ...... The Bunge Elevator located at 218 Market St., Shawneetown, IL 62984. Caruthersville, MO ...... The Bunge Elevator located at 100 Ward Ave., Caruthersville, MO 63830. Huffman, AR ...... The Bunge Elevator located at 7058 E County Rd. 54, Hwy. 37, Blytheville, AR 72315. Osceola, MO ...... The Bunge Elevators located at 2220 E State Hwy. 198 and Mississippi River, Osceola, AR 72370 and at Mis- sissippi County 661 S, Monroe Township, AR 72370. Helena, AR ...... The Bunge Elevator located at 103 Hanks Ln., Helena, AR 72342. Lake Providence, LA ...... The Bunge Elevator located at 337 Port Rd., Lake Providence, LA 71254. Lettsworth, LA ...... The Bunge Elevator located at 17783 Hwy. 418, Lettsworth, LA 70753.
I. ‘‘Divestiture Assets’’ means all of d. all records and data, including (a) superintendents employed by Bunge or Defendants’ rights, titles, and interests customer and supplier lists, accounts, CGB whose job responsibilities are in and to: sales, and credit records, (b) production, shared between or among Divested 1. The Divested Elevators; repair, maintenance, and performance Elevators and any non-divested 2. all contracts, contractual rights, and records, (c) manuals and technical elevators, at any time between August relationships, including customer and information Defendants provide to their 21, 2020, and the Divestiture Date; and supplier relationships, and all other own employees, customers, suppliers, (3) all regional managers employed by agreements, commitments, and agents, or licensees, (d) accounting and Bunge one organizational level above understandings, including, supply operating records and ledgers; (e) sales the elevator manager level, wherever agreements, teaming agreements, and and marketing records, including local located, whose job responsibilities leases, and all outstanding offers or marketing plans and sales and support the grain purchasing business of solicitations to enter into a similar advertising materials, (f) records and any of the Bunge Elevators, at any time arrangement that relate exclusively to research data concerning historic and between August 21, 2020, and the the Divested Elevators; and current research and development Divestiture Date. The United States, in 3. all other property and assets, activities, and (g) drawings, blueprints, its sole discretion, will resolve any tangible and intangible, wherever and designs; and disagreement regarding which located, relating to or used in e. all other intangible property, employees are Relevant Personnel. connection with each Divested Elevator, including, (a) technical information, (b) M. ‘‘Transaction’’ means ZGC’s including: design tools and simulation capabilities, proposed acquisition of 35 operating (c) computer software and related a. All real property and real property and 13 idled grain elevators from Bunge. documentation, know-how, trade rights, fee simple interests; buildings, secrets, design protocols, specifications III. Applicability facilities, and other structures, for materials, specifications for parts, A. This Final Judgment applies to including bins, silos, other grain storage specifications for devices, safety Defendants ZGC and Bunge, as defined facilities, and dock facilities; easements; procedures (e.g., for the handling of above, and all other persons in active leasehold and rental rights, including all materials and substances), and quality concert or participation with any renewal or option rights; prepaid rent assurance and control procedures, Defendant who receive actual notice of and security deposits; and fixtures, provided, however, that any intellectual this Final Judgment. improvements, and assignable property associated with the brand B. If, prior to complying with Section improvement warranties; names Bunge, CGB, Zen-Noh, and ZGC IV and Section V of this Final Judgment, b. all tangible personal property; is not included in the Divestiture Defendants sell or otherwise dispose of equipment, machinery, and tools, such Assets. all or substantially all of their assets or as those used for handling, receiving, J. ‘‘Divestiture Date’’ means the date[s] of business units that include the unloading, weighing, sampling, grading, on which the Divestiture Assets are Divestiture Assets, Defendants must elevating, storing, drying, conditioning, divested to Acquirer[s] pursuant to this require any purchaser to be bound by loading, and buying and selling grain; Final Judgment. the provisions of this Final Judgment. vehicles and furniture; supplies, K. ‘‘Including’’ means including, but Defendants need not obtain such an replacement parts, and spare parts; and not limited to. agreement from an Acquirer. inventory; L. ‘‘Relevant Personnel’’ means: (1) c. all licenses, permits, certifications, All full-time, part-time, or contract IV. Divestitures approvals, consents, registrations, employees employed at the Divested A. Defendant ZGC is ordered and waivers, and authorizations issued or Elevators at any time between August directed within 30 calendar days after granted by any governmental 21, 2020, and the Divestiture Date; (2) entry of the Asset Preservation organization, and all pending all elevator managers, grain Stipulation and Order to divest the applications or renewals; merchandisers, and elevator Divestiture Assets in a manner
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consistent with this Final Judgment to person with a copy of this Final the Relevant Personnel. If Defendants Viserion or to another Acquirer or Judgment. Defendants must offer to are barred by any applicable law from Acquirers acceptable to the United furnish to all prospective Acquirers, providing any of this information, States, in its sole discretion. The United subject to customary confidentiality Defendants must provide, within 10 States, in its sole discretion, may agree assurances, all information and business days following receipt of the to one or more extensions of this time documents relating to the Divestiture request, the requested information to the period not to exceed 90 calendar days Assets that are customarily provided in full extent permitted by law and also in total and will notify the Court of any a due-diligence process; provided, must provide a written explanation of extensions. however, that Defendants need not Defendants’ inability to provide the B. Defendant ZGC must use its best provide information or documents remaining information, including efforts to divest the Divestiture Assets as subject to the attorney-client privilege or specifically identifying the provisions of expeditiously as possible, and work-product doctrine. Defendants must the applicable laws. Defendants may not take any action to make all information and documents 3. At the request of an Acquirer, impede the permitting, licensing, available to the United States at the Defendants must promptly make operation, or divestiture of the same time that the information and Relevant Personnel available for private Divestiture Assets. Defendants must documents are made available to any interviews with Acquirer during normal take no action that would jeopardize the other person. business hours at a mutually agreeable divestiture ordered by the Court. H. Defendants must provide location. C. Unless the United States otherwise prospective Acquirers with (1) access to 4. Defendants must not interfere with consents in writing, divestiture make inspections of the Divestiture any effort by an Acquirer to employ any pursuant to this Final Judgment must Assets; (2) access to all environmental, Relevant Personnel. Interference include the entire Divestiture Assets zoning, and other permitting documents includes, but is not limited to, offering and must be accomplished in such a and information regarding the to increase the compensation or way as to satisfy the United States, in its Divestiture Assets; and (3) access to all improve the benefits of Relevant sole discretion, that the Divestiture financial, operational, or other Personnel unless: (a) The offer is part of Assets can and will be used by Acquirer documents and information relating to a company-wide increase in as part of a viable, ongoing business of the Divestiture Assets that customarily compensation or improvement in grain purchasing, and that the would be provided as part of a due- benefits that was announced prior to divestiture to Acquirer or Acquirers will diligence process. Defendants also must April 21, 2020, or (b) the offer is remedy the competitive harm alleged in disclose all encumbrances on any part approved by the United States in its sole the Complaint. of the Divestiture Assets, including on discretion. Defendants’ obligations D. The divestiture must be made to an intangible property. under this Paragraph will expire 6 Acquirer or Acquirers that, in the I. Defendants must cooperate with months after the Divestiture Date. United States’ sole judgment, has or and assist an Acquirer in identifying 5. For Relevant Personnel who elect have the intent and capability and, at the option of Acquirer, hiring all employment with an Acquirer within 6 (including the necessary managerial, Relevant Personnel, including: months of the Divestiture Date, operational, technical, and financial 1. Within 10 business days following Defendants must waive all non-compete capability) to compete effectively in the filing of the Complaint in this and non-disclosure agreements, vest all grain purchasing. matter, or, if the Divestiture Assets are unvested pension and other equity E. The divestiture must be divested to an Acquirer or Acquirers rights (or to the extent such accelerated accomplished in a manner that satisfies other than Viserion, within 10 business vesting is not permitted, provide the the United States, in its sole discretion, days of notice from the United States equivalent benefits), provide any pay that none of the terms of any agreement pursuant to Paragraph VI.C. that it does pro-rata, provide all other compensation between an Acquirer and Defendant not object to a proposed Acquirer, and benefits that their Relevant ZGC give Defendants the ability Defendants must identify all Relevant Personnel have fully or partially unreasonably to raise an Acquirer’s Personnel to Acquirer and the United accrued, and provide pro-rata all other costs, to lower an Acquirer’s efficiency, States, including by providing benefits that those Relevant Personnel or otherwise to interfere in the ability of organization charts covering all otherwise would have been provided an Acquirer to compete effectively in Relevant Personnel. had the Relevant Personnel continued grain purchasing. 2. Within 10 business days following employment with Defendants, including F. Divestiture of the Divestiture Assets receipt of a request by an Acquirer or any vested retention bonuses or may be made to one or more Acquirers, the United States, Defendants must payments. Defendants may maintain in one or more transactions, provided provide to Acquirer and the United reasonable restrictions on disclosure by that it is demonstrated to the sole States additional information related to Relevant Personnel of Defendants’ satisfaction of the United States that the Relevant Personnel, including name, job proprietary non-public information that criteria required by Paragraphs IV(C), title, reporting relationships, past is unrelated to the Divestiture Assets IV(D), and IV(E) will still be met. experience, responsibilities, training and not otherwise required to be G. In the event Defendant ZGC is and educational histories, relevant disclosed by this Final Judgment. attempting to divest the Divestiture certifications, and job performance 6. For a period of 12 months from the Assets to an Acquirer other than evaluations. Defendants must also Divestiture Date, Defendants may not Viserion, Defendant ZGC promptly must provide to Acquirer and the United solicit to rehire the following categories make known, by usual and customary States current and accrued of Relevant Personnel hired by an means, the availability of the Divestiture compensation and benefits, including Acquirer from Defendants within 6 Assets. Defendant ZGC must inform any most recent bonuses paid, aggregate months of the Divestiture Date: Regional person making an inquiry regarding a annual compensation, current target or and general managers, elevator possible purchase of the Divestiture guaranteed bonus, any retention managers, grain merchandisers, elevator Assets that the Divestiture Assets are agreement or incentives, and any other superintendents, and bookkeepers. being divested in accordance with this payments due, compensation or Defendants may solicit to rehire these Final Judgment and must provide that benefited accrued, or promises made to categories of Relevant Personnel if (a) an
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individual is terminated or laid off by sole discretion. The United States, in its Divestiture Assets as quickly as Acquirer, or (b) Acquirer agrees in sole discretion, may approve one or possible. writing that Defendants may solicit to more extensions of any contract for C. Defendants may not object to a sale rehire that individual. Nothing in this transition services between Defendants by the divestiture trustee on any ground Paragraph IV.H.6. prohibits Defendants and Viserion, for a total of up to an other than malfeasance by the from advertising employment openings additional six months. In the event the divestiture trustee. Objections by using general solicitations or Divestiture Assets are divested to an Defendants must be conveyed in writing advertisements and rehiring Relevant Acquirer or Acquirers other than to the United States and the divestiture Personnel who apply for an Viserion, the United States, in its sole trustee within 10 calendar days after the employment opening through a general discretion, may approve an extension of divestiture trustee has provided the solicitation or advertisement. any contract for transition services for notice of proposed divestiture required J. Defendant ZGC must warrant to up to 12 months after the divestiture is by Section VI. Acquirer or Acquirers that (1) the completed. If an Acquirer seeks an D. The divestiture trustee will serve at Divestiture Assets will be operational extension of the term of any contract for the cost and expense of Defendant ZGC and without material defects on the date transition services, the relevant pursuant to a written agreement, on of their transfer to Acquirer; (2) there are Defendant must notify the United States terms and conditions, including no material defects in the in writing at least two months prior to confidentiality requirements and environmental, zoning, or other permits the date the contract expires. An conflict of interest certifications, that are relating to the operation of the Acquirer may terminate a contract for approved by the United States in its sole Divestiture Assets; and (3) Defendant transition services, or any portion of a discretion. ZGC has disclosed all encumbrances on contract for transition services, without E. The divestiture trustee may hire at any part of the Divestiture Assets, cost or penalty at any time upon 30 the cost and expense of Defendant ZGC including on intangible property. days’ written notice. The employee(s) of any agents or consultants, including, but Following the sale of the Divestiture Defendants tasked with providing not limited to, investment bankers, Assets, Defendants must not undertake, transition services must not share any attorneys, and accountants, that are directly or indirectly, challenges to the competitively sensitive information of reasonably necessary in the divestiture environmental, zoning, or other permits an Acquirer with any other employee of trustee’s judgment to assist with the relating to the operation of the Defendants. divestiture trustee’s duties. These agents Divestiture Assets. N. If any term of an agreement or consultants will be accountable K. For any contract or agreement that between Defendants and Acquirer or solely to the divestiture trustee and will requires the consent of another party to Acquirers, including an agreement to serve on terms and conditions, assign, subcontract, or otherwise effectuate the divestiture required by including terms and conditions transfer, Defendants must use best this Final Judgment, varies from a term governing confidentiality requirements efforts to accomplish the assignment, of this Final Judgment, to the extent that and conflict-of-interest certifications, subcontracting, or transfer. Defendants Defendants cannot fully comply with that are approved by the United States must not interfere with any negotiations both, this Final Judgment determines in its sole discretion. between an Acquirer and a contracting Defendants’ obligations. F. The compensation of the party. divestiture trustee and agents or L. Defendants must make best efforts V. Appointment of Divestiture Trustee consultants hired by the divestiture to assist Acquirer or Acquirers to obtain A. If Defendant ZGC has not divested trustee must be reasonable in light of the all necessary licenses, registrations, the Divestiture Assets within the period value of the Divestiture Assets and certifications, and permits to operate the specified in Paragraph IV.A., Defendant based on a fee arrangement that Divestiture Assets, including those ZGC must immediately notify the provides the divestiture trustee with issued by governmental entities. Until United States of that fact in writing. incentives based on the price and terms an Acquirer obtains the necessary Upon application of the United States, of the divestiture and the speed with licenses, registrations, certifications, which Defendants may not oppose, the which it is accomplished. If the and permits, Defendants must provide Court will appoint a divestiture trustee divestiture trustee and Defendant ZGC Acquirer with the benefit of Defendants’ selected by the United States and are unable to reach agreement on the licenses, registrations, certifications, approved by the Court to effect the divestiture trustee’s compensation or and permits to the full extent divestiture of the Divestiture Assets. other terms and conditions of permissible by law. B. After the appointment of a engagement within 14 calendar days of M. At the option of Acquirer or divestiture trustee by the Court, only the the appointment of the divestiture Acquirers, and subject to approval by divestiture trustee will have the right to trustee by the Court, the United States, the United States in its sole discretion, sell the Divestiture Assets. The in its sole discretion, may take on or before the Divestiture Date, divestiture trustee will have the power appropriate action, including by making Defendants must enter into contracts to and authority to accomplish the a recommendation to the Court. Within provide transition services for back divestiture to an Acquirer or Acquirer(s) three business days of hiring an agent or office, human resources, and acceptable to the United States, in its consultant, the divestiture trustee must information technology, for a period of sole discretion, at a price and on terms provide written notice of the hiring and up to six months after the divestiture obtainable through reasonable effort by rate of compensation to Defendant ZGC occurs on terms and conditions the divestiture trustee, subject to the and the United States. reasonably related to market conditions provisions of Sections IV, V, and VI of G. The divestiture trustee must for the provision of the transition this Final Judgment, and will have other account for all monies derived from the services. Any amendments to or powers as the Court deems appropriate. sale of the Divestiture Assets sold by the modifications of any provision of any The divestiture trustee will have sole divestiture trustee and all costs and contract between either or both discretion to select the Divested expenses incurred. Within 30 calendar Defendants, and Acquirer or Acquirers, Elevator to be divested in each days of the Divestiture Date, the to provide transition services are subject geographic area listed in Paragraph II.H. divestiture trustee must submit that to approval by the United States, in its The divestiture trustee must sell the accounting to the Court for approval.
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After approval by the Court of the K. The divestiture trustee will serve Defendants pursuant to Paragraph V.C., divestiture trustee’s accounting, until divestiture of all Divestiture Assets a divestiture by the divestiture trustee including fees for unpaid services and is completed or for a term otherwise may not be consummated unless those of agents or consultants hired by ordered by the Court. approved by the Court. the divestiture trustee, all remaining L. If the United States determines that D. No information or documents money must be paid to Defendant ZGC the divestiture trustee is not acting obtained pursuant to this Section VI and the trust will then be terminated. diligently or in a reasonably cost- may be divulged by the United States to H. Defendants must use their best effective manner, the United States may any person other than an authorized efforts to assist the divestiture trustee to recommend that the Court appoint a representative of the executive branch of accomplish the required divestiture. substitute divestiture trustee. the United States, except in the course Subject to reasonable protection for VI. Notice of Proposed Divestiture of legal proceedings to which the United trade secrets, other confidential A. Within two business days States is a party, including grand-jury research, development, or commercial proceedings, for the purpose of information, or any applicable following execution of a definitive agreement to divest the Divestiture evaluating a proposed Acquirer or privileges, Defendants must provide the Assets to an Acquirer or Acquirers other securing compliance with this Final divestiture trustee and agents or than Viserion, Defendant ZGC or the Judgment, or as otherwise required by consultants retained by the divestiture divestiture trustee, whichever is then law. trustee with full and complete access to responsible for effecting the divestiture, E. In the event of a request by a third all personnel, books, records, and must notify the United States of the party for disclosure of information facilities of the Divestiture Assets. proposed divestiture. If the divestiture under the Freedom of Information Act, Defendants also must provide or trustee is responsible for completing the 5 U.S.C. 552, the United States develop financial and other information divestiture, the divestiture trustee also Department of Justice’s Antitrust relevant to the Divestiture Assets that must notify Defendant ZGC. The notice Division will act in accordance with the divestiture trustee may reasonably must set forth the details of the that statute, and the Department of request. Defendants must not take any proposed divestiture and list the name, Justice regulations at 28 CFR part 16, action to interfere with or to impede the address, and telephone number of each including the provision on confidential divestiture trustee’s accomplishment of person not previously identified who commercial information, at 28 CFR 16.7. the divestiture. offered or expressed an interest in or Persons submitting information to the I. The divestiture trustee must desire to acquire any ownership interest Antitrust Division should designate the maintain complete records of all efforts in the Divestiture Assets. confidential commercial information made to sell the Divestiture Assets, B. Within 15 calendar days of receipt portions of all applicable documents including by filing monthly reports with by the United States of receipt of the and information under 28 CFR 16.7. the United States setting forth the notice required by Paragraph IV.A., the Designations of confidentiality expire divestiture trustee’s efforts to United States may request from ten years after submission, ‘‘unless the accomplish the divestiture ordered by Defendants, the proposed Acquirer, submitter requests and provides this Final Judgment. The reports must other third parties, or the divestiture justification for a longer designation include the name, address, and trustee additional information period.’’ See 28 CFR 16.7(b). telephone number of each person who, concerning the proposed divestiture, the F. If at the time that a person during the preceding month, made an proposed Acquirer, and other furnishes information or documents to offer to acquire, expressed an interest in prospective Acquirers. Defendants and acquiring, entered into negotiations to the divestiture trustee must furnish the the United States pursuant to this acquire, or was contacted or made an additional information requested within Section VI, that person represents and inquiry about acquiring any interest in 15 calendar days of the receipt of the identifies in writing information or the Divestiture Assets and must describe request unless the United States documents for which a claim of in detail each contact with any such provides written agreement to a protection may be asserted under Rule person. different period. 26(c)(1)(G) of the Federal Rules of Civil J. If the divestiture trustee has not C. Within 45 calendar days after Procedure, and marks each pertinent accomplished the divestiture ordered by receipt of the notice required by page of such material, ‘‘Subject to claim this Final Judgment within six months Paragraph VI.A. or within 20 calendar of protection under Rule 26(c)(1)(G) of of appointment, the divestiture trustee days after the United States has been the Federal Rules of Civil Procedure,’’ must promptly provide the United provided the additional information the United States must give that person States with a report setting forth: (1) The requested pursuant to Paragraph VI.B., ten calendar days’ notice before divestiture trustee’s efforts to whichever is later, the United States divulging the material in any legal accomplish the required divestiture; (2) will provide written notice to Defendant proceeding (other than a grand-jury the reasons, in the divestiture trustee’s ZGC and any divestiture trustee that proceeding). judgment, why the required divestitures states whether or not the United States, VII. Financing have not been accomplished; and (3) the in its sole discretion, objects to an divestiture trustee’s recommendations Acquirer or Acquirers or any other Defendants may not finance all or any for completing the divestitures. aspect of the proposed divestitures. part of Acquirer’s purchase of all or part Following receipt of that report, the Without written notice that the United of the Divestiture Assets. United States may make additional States does not object, a divestiture may VIII. Asset Preservation and Hold recommendations to the Court. The not be consummated. If the United Separate Obligations Court thereafter may enter such orders States provides written notice that it as it deems appropriate to carry out the does not object, the divestiture may be Defendants must take all steps purpose of this Final Judgment, which consummated, subject only to necessary to comply with the Asset may include extending the trust and the Defendants’ limited right to object to the Preservation and Hold Separate term of the divestiture trustee’s sale under Paragraph V.C. of this Final Stipulation and Order entered by the appointment. Judgment. Upon objection by Court.
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IX. Affidavits United States an affidavit describing information to the Antitrust Division A. Within 20 calendar days of the those changes. should designate the confidential F. Defendants must keep all records of filing of the Complaint in this matter, commercial information portions of all any efforts made to comply with Section and every 30 calendar days thereafter applicable documents and information VIII until one year after the Divestiture until the divestitures required by this under 28 CFR 16.7. Designations of Date. Final Judgment have been completed, confidentiality expire 10 years after each Defendant must deliver to the X. Compliance Inspection submission, ‘‘unless the submitter United States an affidavit, signed by requests and provides justification for a A. For the purpose of determining or longer designation period.’’ See 28 CFR each Defendant’s Chief Financial Officer securing compliance with this Final 16.7(b). and General Counsel, describing in Judgment, or related orders such as the E. If at the time that Defendants reasonable detail the fact and manner of Hold Separate Stipulation and Order, or furnish information or documents to the Defendants’ compliance with this Final for the purpose of determining whether United States pursuant to this Section Judgment. The United States, in its sole this Final Judgment should be modified X, Defendants represent and identify in discretion, may approve different or vacated, upon written request of an writing information or documents for signatories for the affidavits. Defendant authorized representative of the which a claim of protection may be Bunge’s obligations under this Assistant Attorney General for the asserted under Rule 26(c)(1)(G) of the Paragraph IX.A shall cease 30 calendar Antitrust Division, and reasonable Federal Rules of Civil Procedure, and days after the closing of the Transaction. notice to Defendants, Defendants must Defendants mark each pertinent page of B. Each affidavit required by permit, from time to time and subject to such material, ‘‘Subject to claim of Paragraph IX.A. must include: (1) The legally recognized privileges, authorized protection under Rule 26(c)(1)(G) of the name, address, and telephone number of representatives, including agents Federal Rules of Civil Procedure,’’ the each person who, during the preceding retained by the United States: United States must give Defendants 10 30 calendar days, made an offer to 1. To have access during Defendants’ calendar days’ notice before divulging acquire, expressed an interest in office hours to inspect and copy, or at the material in any legal proceeding acquiring, entered into negotiations to the option of the United States, to (other than a grand jury proceeding). acquire, or was contacted or made an require Defendants to provide electronic inquiry about acquiring, an interest in copies of all books, ledgers, accounts, XI. Notification the Divestiture Assets and describe in records, data, and documents in the A. Unless a transaction is otherwise detail each contact with such persons possession, custody, or control of subject to the reporting and waiting during that period; (2) a description of Defendants relating to any matters period requirements of the Hart-Scott- the efforts Defendants have taken to contained in this Final Judgment; and Rodino Antitrust Improvements Act of solicit buyers for and complete the sale 2. to interview, either informally or on 1976, as amended, 15 U.S.C. 18a (the of the Divestiture Assets and to provide the record, Defendants’ officers, ‘‘HSR Act’’), Defendant ZGC, may not, required information to prospective employees, or agents, who may have without first providing at least 30 Acquirers; and (3) a description of any their individual counsel present, calendar days advance notification to limitations placed by Defendants on relating to any matters contained in the the United States, directly or indirectly information provided to prospective Final Judgment. The interviews must be acquire any assets of or any interest, Acquirers. Objection by the United subject to the reasonable convenience of including a financial, security, loan, States to information provided by the interviewee and without restraint or equity, or management interest, in grain Defendants to prospective Acquirers interference by Defendants. purchasing facilities, including grain must be made within 14 calendar days B. Upon the written request of an elevators and crush mills, located of receipt of the affidavit, except that the authorized representative of the within a 100-mile radius any Divested United States may object at any time if Assistant Attorney General for the Elevator during the term of this Final the information set forth in the affidavit Antitrust Division, Defendants must Judgment; provided, however, that the is not true or complete. submit written reports or respond to obligations in this Section XI do not C. Defendants must keep all records of written interrogatories, under oath if apply to Defendant ZGC’s acquisition of any efforts made to divest the requested, relating to any of the matters grain purchasing facilities that were Divestiture Assets until one year after contained in this Final Judgment. leased by Defendant ZGC as of January the Divestiture Date. C. No information or documents 1, 2021. D. Within 20 calendar days of the obtained pursuant to this Section XI B. Defendant ZGC must provide the filing of the Complaint in this matter, may be divulged by the United States to notification required by this Section XI each Defendant must also deliver to the any person other than an authorized in the same format as, and in United States an affidavit signed by representative of the executive branch of accordance with the instructions each Defendant’s Chief Financial Officer the United States, except in the course relating to, the Notification and Report and General Counsel, describing in of legal proceedings to which the United Form set forth in the Appendix to Part reasonable detail all actions Defendants States is a party, including grand jury 803 of Title 16 of the Code of Federal have taken and all steps Defendants proceedings, for the purpose of securing Regulations as amended, except that the have implemented on an ongoing basis compliance with this Final Judgment, or information requested in Items 5 to comply with Section VIII of this Final as otherwise required by law. through 8 of the instructions must be Judgment. The United States, in its sole D. In the event of a request by a third provided only about grain purchasing discretion, may approve different party for disclosure of information facilities located within a 100-mile signatories for the affidavits. under the Freedom of Information Act, radius of any Divested Elevator. E. If a Defendant makes any changes 5 U.S.C. 552, the Antitrust Division will C. Notification must be provided at to the actions and steps outlined in any act in accordance with that statute, and least 30 calendar days before acquiring earlier affidavits provided pursuant to the Department of Justice regulations at any assets or interest, and must include, Paragraph IX.D., Defendants must, 28 CFR part 16, including the provision beyond the information required by the within 15 calendar days after any on confidential commercial information, instructions, the names of the principal change is implemented, deliver to the at 28 CFR 16.7. Defendants submitting representatives who negotiated the
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transaction on behalf of each party, and ordinary tools of interpretation, is stated if applicable, any comments and all management or strategic plans specifically and in reasonable detail, responses to comments filed with the relating to the proposed transaction. If, whether or not it is clear and Court, entry of this Final Judgment is in within the 30 calendar days following unambiguous on its face. In any such the public interest. notification, representatives of the interpretation, the terms of this Final Date: llll United States make a written request for Judgment should not be construed [Court approval subject to procedures of additional information, Defendant ZGC against either party as the drafter. Antitrust Procedures and Penalties Act, 15 may not consummate the proposed C. In an enforcement proceeding in U.S.C. 16] transaction until 30 calendar days after which the Court finds that Defendants lllllllllllllllllllll submitting all requested information. have violated this Final Judgment, the United States District Judge D. Early termination of the waiting United States may apply to the Court for periods set forth in this Section XI may a one-time extension of this Final United States District Court for the be requested and, where appropriate, Judgment, together with other relief that District of Columbia granted in the same manner as is may be appropriate. In connection with United States of America, Plaintiff, v. Zen- applicable under the requirements and a successful effort by the United States Noh Grain Corp., and Bunge North America, provisions of the HSR Act and rules to enforce this Final Judgment against a Inc., Defendants. promulgated thereunder. This Section Defendant, whether litigated or resolved Civil Action No.: 1:21–cv–1482–RJL XI must be broadly construed, and any before litigation, that Defendant agrees Judge Richard J. Leon to reimburse the United States for the ambiguity or uncertainty regarding Competitive Impact Statement whether to file a notice under this fees and expenses of its attorneys, as Section XI must be resolved in favor of well as all other costs including experts’ The United States of America, under filing notice. fees, incurred in connection with that Section 2(b) of the Antitrust Procedures effort to enforce the Final Judgment, and Penalties Act, 15 U.S.C. 16(b)–(h) XII. Limitations on Reacquisition including in the investigation of the (the ‘‘APPA’’ or ‘‘Tunney Act’’), files Defendant ZGC may not reacquire any potential violation. this Competitive Impact Statement part of or any interest in the Divestiture D. For a period of four years following relating to the proposed Final Judgment Assets during the term of this Final the expiration of this Final Judgment, if submitted for entry in this civil antitrust Judgment without prior authorization by the United States has evidence that a proceeding. the United States. Defendant violated this Final Judgment I. Nature and Purpose of the Proceeding before it expired, the United States may XIII. Retention of Jurisdiction file an action against that Defendant in On April 21, 2020, Zen-Noh Grain The Court retains jurisdiction to this Court requesting that the Court Corp. (‘‘ZGC’’) agreed to acquire 35 enable any party to this Final Judgment order: (1) Defendant to comply with the operating and 13 idled U.S. grain to apply to the Court at any time for terms of this Final Judgment for an elevators from Bunge North America, further orders and directions as may be additional term of at least four years Inc. (‘‘Bunge’’) for approximately $300 necessary or appropriate to carry out or following the filing of the enforcement million (‘‘the Transaction’’). The United construe this Final Judgment, to modify action; (2) all appropriate contempt States filed a civil antitrust Complaint any of its provisions, to enforce remedies; (3) additional relief needed to on June 1, 2021, seeking to enjoin the compliance, and to punish violations of ensure the Defendant complies with the proposed Transaction. The Complaint its provisions. terms of this Final Judgment; and (4) alleges that the likely effect of the Transaction would be to substantially XIV. Enforcement of Final Judgment fees or expenses as called for by this Section XIV. lessen competition for purchases of corn A. The United States retains and and soybeans in nine geographic areas reserves all rights to enforce the XV. Expiration of Final Judgment of the United States in violation of provisions of this Final Judgment, Unless the Court grants an extension, Section 7 of the Clayton Act, 15 U.S.C. including the right to seek an order of this Final Judgment will expire 10 years 18. contempt from the Court. Defendants from the date of its entry, except that At the same time the Complaint was agree that in a civil contempt action, a after five years from the date of its entry, filed, the United States filed a proposed motion to show cause, or a similar this Final Judgment may be terminated Final Judgment and an Asset action brought by the United States upon notice by the United States to the Preservation and Hold Separate regarding an alleged violation of this Court and Defendants that the Stipulation and Order (‘‘Stipulation’’), Final Judgment, the United States may divestitures have been completed and which are designed to address the establish a violation of this Final continuation of this Final Judgment no anticompetitive effects of the Judgment and the appropriateness of a longer is necessary or in the public Transaction. The proposed Final remedy therefor by a preponderance of interest. Judgment, explained more fully below, the evidence, and Defendants waive any requires the Defendants to divest certain argument that a different standard of XVI. Public Interest Determination grain elevators and related assets of proof should apply. Entry of this Final Judgment is in the Bunge or ZGC affiliate CGB Enterprises, B. This Final Judgment should be public interest. The parties have Inc. (‘‘the Divestiture Assets’’) to interpreted to give full effect to the complied with the requirements of the Viserion Grain LLC and Viserion procompetitive purposes of the antitrust Antitrust Procedures and Penalties Act, International Holdco LLC (‘‘Viserion’’), laws and to restore the competition the 15 U.S.C. 16, including by making or to another acquirer or acquirers United States alleges was harmed by the available to the public copies of this acceptable to the United States, within challenged conduct. Defendants agree Final Judgment and the Competitive 30 calendar days after entry of the that they may be held in contempt of, Impact Statement, public comments Stipulation. and that the Court may enforce, any thereon, and any response to comments Under the terms of the Stipulation, provision of this Final Judgment that, as by the United States. Based upon the the Defendants will take certain steps to interpreted by the Court in light of these record before the Court, which includes ensure that the Divestiture Assets procompetitive principles and applying the Competitive Impact Statement and, remain independent; that all of the
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Divestiture Assets remain economically processing plants, and edible oil process it into usable products such as viable, competitive, and saleable; that refineries, as well as grain export soymeal or fuel. Rail and river elevators Defendants will preserve and maintain terminals. Bunge is the eighth-largest also purchase grain and store it until it the Divestiture Assets; and that the level grain company in the United States by is sold and transported to end users, in of competition that existed between storage capacity. Post-acquisition, either domestic or export markets. Defendants prior to the Transaction is Bunge will continue to purchase grain For convenience, some farmers may maintained during the pendency of the in the United States via its export sell their grain to smaller, ‘‘country’’ required divestiture. elevator on the Mississippi River in elevators, located in closer proximity to The United States and Defendants Destrehan, Louisiana and its export the farmer than end users or rail and have stipulated that the proposed Final terminal in Longview, Washington (a river elevators. Such elevators serve as Judgment may be entered after joint venture with Itochu Corporation). grain collection and buying points in compliance with the APPA. Entry of the In addition to the export terminals, rural communities, and may provide proposed Final Judgment will terminate Bunge will retain ownership interests in other services like grain storage, drying, this action, except that the Court will eight grain elevators in Illinois and and conditioning services. Upon retain jurisdiction to construe, modify, Indiana. aggregating sufficient quantities of grain, or enforce the provisions of the Final The 35 operating elevators ZGC or when market prices are most Judgment and to punish violations proposes to acquire from Bunge are attractive, country elevators ultimately thereof. located in nine states—Arkansas, Iowa, resell the grain to end users or to the Illinois, Indiana, Kentucky, Louisiana, larger rail or river elevators that can II. Description of Events Giving Rise to Missouri, Mississippi and Tennessee— transport the grain to end users or the Alleged Violation primarily along the Mississippi River export elevators. (A) The Defendants and the Proposed and its tributaries, and predominantly Today, ZGC and its affiliate CGB Transaction handle corn and soybeans. compete against Bunge to purchase corn and soybeans from farmers. In Defendant ZGC, headquartered in (B) Relevant Markets and the particular, in nine geographic areas a Covington, Louisiana, is a subsidiary of Competitive Effects of the Transaction Bunge river elevator and a nearby ZGC the National Federation of Agricultural American consumers benefit from the or CGB elevator represent two of only a Cooperative Associations of Japan. ZGC productivity and efficiency of American handful of grain purchasing alternatives owns and operates a state-of-the-art farmers, who annually produce far more for area farmers. In those nine export elevator located on the volume than needed to meet domestic geographic areas, ZGC and Bunge Mississippi River near Convent, demand. Corn and soybeans currently compete aggressively to win Louisiana, from which it trades and (collectively referred to here as ‘‘grain’’) farmers’ business by offering better exports corn, soybeans, sorghum, wheat, are the primary crops grown in the prices and more attractive amenities and grain by-products. Export elevators United States. American farmers such as faster grain drop-off services receive grain, largely via barge or rail, produced 14.2 billion bushels of corn and better grain grading. Faster drop-off that has been purchased from farmers by and 4.14 billion bushels of soybeans in services mean farmers can get back to inland elevators. Export elevators store 2020, and roughly one-quarter of these their fields more quickly and make the aggregated grain until it can be grains were exported. In the United better use of their trucks and employees, loaded onto ocean going ships. ZGC States, grain may flow from the farm ultimately saving time and money. If does not own any inland grain elevators directly to end users like ethanol plants one elevator is grading grain more and relies upon its affiliate, CGB and feed mills, or farmers may sell their harshly or inconsistently, which may Enterprises Inc. (‘‘CGB’’), to supply the grain to nearby rail or river grain lead to a lower price paid, the farmer majority of the corn, soybeans and other elevators, where it is stored, aggregated, has the option of selling to a competing agricultural commodities ZGC exports and later transported by train or barge elevator which may grade differently. annually from Convent. Post- to more distant domestic end users or to The Transaction will eliminate acquisition, ZGC intends to lease the port elevators for export. competition between ZGC and Bunge in elevators that it proposes to acquire More than 45% of the grain exported those locations. As result, many U.S. from Bunge to CGB to operate through from the United States is shipped out farmers are likely to receive lower prices CGB’s wholly owned subsidiary, from port elevator export terminals and poorer quality service when seeking Consolidated Grain and Barge Co. located at the mouth of the Mississippi to sell their grain. CGB is a 50–50 joint venture between River near the Gulf of Mexico. The vast ZGC and Itochu Corporation, a global majority of this grain is sourced from 1. Relevant Product Markets trading company. CGB operates more river elevators located along the ZGC (mainly through CGB) and Bunge than 100 elevators in the United States, Mississippi and its tributaries. These own grain elevators, primarily located at many of which are located along the river elevators, found as far north as rail terminals and along navigable Mississippi, Ohio, Arkansas, and Minnesota, purchase grain from rivers. They compete with other grain Illinois Rivers. CGB is the fifth-largest surrounding farms and load it onto purchasers, including ethanol grain company in the United States by barges for transport to port elevators. processors, feed mills, and crush storage capacity. CGB’s grain Nearly all of the elevators ZGC seeks to processors, to purchase corn and merchandisers are in daily contact with acquire from Bunge are river elevators soybeans from U.S. farmers, brokers, thousands of farmers, actively seeking to located on the Mississippi or its and country elevators. Corn and purchase grain from them. Currently, tributaries. soybeans are each distinct products CGB sells approximately 60% of the The livelihood of farmers depends on without reasonable substitutes, differing grain it purchases to ZGC. their ability to sell the corn and from other agricultural commodities and Defendant Bunge is the North soybeans they grow to purchasers who one another in their physical American subsidiary of Bunge Limited. offer them the best price, net of characteristics, means of production, Bunge is a large agribusiness and food transportation and other selling costs uses, and pricing. Because of the length ingredient company that owns and that farmers incur. Ethanol plants and of growing seasons, and the suitability operates grain elevators, oilseed feed and crush mills purchase grain and of corn and soybeans to certain climates
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and regions, farmers of these crops (c) The overlapping draw areas of competing to buy corn and soybeans; in would not switch to production of other elevators in the vicinity of two of these markets, CGB and Bunge agricultural commodities in sufficient Shawneetown, Illinois; are the only elevators available to area numbers to render unprofitable a small (d) The overlapping draw areas of farmers. Famers located within these but significant decrease in price by a elevators in the vicinity of geographic areas depend on this hypothetical monopsonist of that crop. Caruthersville, Missouri; competition to obtain a competitive The purchase of corn and the purchase (e) The overlapping draw areas of price for their grain. ZGC’s acquisition of soybeans for end use or for sale to the elevators in the vicinity of Huffman, of Bunge’s elevators will substantially export market each constitute a relevant Arkansas; lessen competition for the purchase of product market and line of commerce (f) The overlapping draw areas of corn and soybeans in these markets, under Section 7 of the Clayton Act, 15 elevators in the vicinity of Osceola, enabling it to unilaterally depress prices U.S.C. 18. Arkansas; paid to farmers for their crops. (g) The overlapping draws areas of Because there are few alternative 2. Relevant Geographic Markets elevators in the vicinity of Helena, grain purchasers within these Farmers typically haul grain by truck Arkansas; geographic areas, purchases of grain are to nearby elevators or end users. (h) The overlapping draw areas of highly concentrated, with the Transportation costs increase elevators in the vicinity of Lake Defendants accounting for a majority of significantly with every mile the farmers Providence, Louisiana; and corn and/or soybean purchases in a must transport the grain to reach a (i) The overlapping draw areas of given year. For example, in 2019, the purchaser, reducing the farmers’ profits. elevators in the vicinity of Lettsworth, Defendants purchased upwards of 95% Transporting grain also consumes Louisiana. of the total corn and soybean output of farmers’ time. For these reasons, a small These geographic areas satisfy the farmers in Pemiscot County, Missouri; change in price would not likely cause hypothetical monopsonist test (a Pemiscot County falls within the draw farmers to significantly expand the ‘‘monopsonist’’ is a buyer that controls area of Bunge’s Caruthersville, Missouri distance they are willing to drive to sell the purchases in a given market), the river elevator, and the draw areas of their grain. The distance a farmer is buyer-side counterpart to the CGB’s Caruthersville and Cottonwood, willing to drive is determined in large hypothetical monopolist test. A Missouri river elevators. part by the second-closest potential hypothetical monopsonist of the By eliminating head-to-head purchaser, which is the best competitive purchase of corn or soybeans in each of competition between ZGC (and its threat to the purchaser closest to the these areas would impose at least a affiliate CGB) and Bunge for grain farmer. small but significant and non-transitory purchases in these geographic markets, Rail or river elevators and other grain decrease in the price paid to farmers. the Transaction would result in lower purchasing facilities, such as grain Such a price decrease for these products prices paid to farmers, lower quality of crush plants and ethanol plants, would not be defeated by farmers selling services offered to farmers at the grain typically purchase grain from within the to purchasers outside their local area origination elevators, and reduced facility’s draw area. ‘‘Draw area’’ is an due to the added costs of transportation. choice of outlets for farmers to sell their industry term that describes the As farmers in these areas have already grain. The Transaction would locations of farms from which the determined the best use of their substantially lessen competition and facility expects to acquire most of its farmland, a price decrease would also harm the many farmers selling their grain. Each elevator or end user has a not be defeated by farmers’ switching to crops to river elevators along the unique draw area due to characteristics growing alternative crops. Farmers Mississippi River and its tributaries. such as surrounding road conditions, currently growing corn or soybeans are crop output, local topography, and unlikely convert to production of other 4. Entry proximity of competing purchasers. The agricultural commodities in sufficient New entry and expansion by draw area of a grain purchasing facility numbers to prevent a small but competitors likely will not be timely is determined by transportation time significant decrease in price. Nor could and sufficient in scope to prevent the and costs and so is usually very area farmers thwart a post-transaction likely anticompetitive effects of localized. price decrease by selling instead to local Defendant ZGC’s acquisition of Bunge’s The draw area of one grain facility country elevators. Country elevators elevators. Competitors are unlikely to frequently will overlap with that of simply resell grain to river and rail construct new elevators in these another, resulting in competition elevators or to other end users; if geographic markets because of the high between the facilities to purchase grain Defendants lower prices post- cost of construction and the difficulty of from farmers. Some farming areas of the transaction, country elevators would be finding appropriate locations to build country may be located such that they forced to lower their own price to along the Mississippi or its tributaries. fall within the overlapping draw areas farmers to maintain profitability. Even assuming such a location could be of only a few competing grain Consequently, country elevators cannot found and regulatory and permitting purchasing facilities. In particular, in mitigate a price decrease resulting from requirements could be fulfilled, the following areas where the the Transaction. Therefore, each of the constructing a river elevator would take Defendants’ river elevators have overlapping draw areas above constitute approximately two years to complete. overlapping draw areas, there are only a relevant geographic market within the III. Explanation of the Proposed Final a small number of grain purchasers meaning of Section 7 of the Clayton Act, Judgment competing to purchase farmers’ corn 15 U.S.C. 18, for the purposes of and soybeans: analyzing this transaction. The divestiture required by the (a) The overlapping draw areas of proposed Final Judgment will remedy elevators in the vicinity of McGregor, 3. Competitive Effects the loss of competition alleged in the Iowa; In the each of the nine relevant Complaint by establishing an (b) The overlapping draw areas of geographic markets, ZGC (and its independent and economically viable elevators in the vicinity of Albany/ affiliate CGB) and Bunge are two of a competitor for the purchase of corn and Fulton, Illinois; very small number of grain purchasers soybeans in certain geographic markets
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along the Mississippi and Ohio Rivers. trustee’s appointment becomes effective, relationships to get grain into the The proposed Final Judgment requires the trustee will provide periodic reports elevators. Defendants are not restricted, the Defendants to divest nine elevators 1 to the United States setting forth his or however, from advertising employment in nine geographic markets within 30 her efforts to accomplish the divestiture. openings using general solicitations or days after the entry of the Stipulation by If the divestiture has not been advertisements and rehiring relevant the Court to Viserion or another acquirer accomplished at the end of six months, personnel who apply for an or acquirers approved by the United the divestiture trustee and the United employment opening through a general States. In each of those nine geographic States will make recommendations to solicitation or advertisement. markets, a Bunge elevator competes the Court, which will enter such orders Under Paragraph IV.M. of the head to head with one or more ZGC or as appropriate, in order to carry out the proposed Final Judgment, at the option CGB elevators. purpose of the trust, including by of the acquirer or acquirers, and subject The Divestiture Assets include the extending the trust or the term of the to approval by the United States in its real property and real property rights, divestiture trustee’s appointment. sole discretion, Defendants must enter fee simple interests; buildings, facilities, Under Paragraph IV.I. of the proposed into one or more contracts to provide and other structures, including bins, Final Judgment, Defendants must the acquirer or acquirers with transition silos, other grain storage facilities, and cooperate with and assist the acquirer in services for back office, human dock facilities associated with the nine identifying and, at the option of resources, or information technology, grain elevators. The Divestiture Assets acquirer, hiring (1) all full time, part for a period of up to six months after the also encompass all existing grain time, or contract employees employed at divestiture occurs, on terms and inventories at the elevators, and all the divested elevators at any time conditions reasonably related to market contracts (including grain contracts), between August 21, 2020, and the conditions for the provision of the contractual rights, and relationships, divestiture date; (2) all elevator transition services. The transition including customer and supplier managers, grain merchandisers, and services covered by the proposed Final relationships, and all other agreements, elevator superintendents employed by Judgment are those that might commitments, and understandings, Bunge or CGB whose job responsibilities reasonably be necessary to ensure that including, supply agreements, teaming are shared between or among divested an acquirer or acquirers can readily and agreements, and leases, and all elevators and any non-divested promptly use the assets to compete in outstanding offers or solicitations to elevators, at any time between August the relevant markets. enter into a similar arrangement that 21, 2020, and the divestiture date; and For the term of the proposed Final relate exclusively to the elevators that (3) all regional managers employed by Judgment, Paragraph XI.A. requires will be divested. Bunge one organizational level above Defendant ZGC to provide at least 30 The Divestiture Assets must be the elevator manager level, wherever calendar days advance notification to divested in such a way as to satisfy the located, whose job duties support the the United States of its intent to directly United States in its sole discretion that grain purchasing business of any of the or indirectly acquire any assets of, or the Divestiture Assets can and will be Bunge elevators, at any time between any interest in, grain purchasing operated by the purchaser as a viable, August 21, 2020, and the divestiture facilities located within a 100-mile ongoing business that can compete date. Defendants must provide Viserion, radius any divested elevator. The effectively in the market for the or any other acquirer or acquirers, with notification requirement of Paragraph purchase of corn and the market for the information on these employees and are XI.A. applies to transactions that are not purchase of soybeans. Defendants must prohibited from interfering with the subject to the reporting and waiting take all reasonable steps necessary to efforts of Viserion, or any other acquirer period requirements of the Hart-Scott- accomplish the divestiture quickly and or acquirers, to hire them. Rodino Antitrust Improvements Act of must cooperate with any acquirer. The proposed Final Judgment 1976, as amended, 15 U.S.C. 18a (the If Defendants do not accomplish the includes a non-solicit provision ‘‘HSR Act’’).2 Notification of such non- divestiture within the period prescribed (Paragraph IV.I.6.) prohibiting the reportable transactions is necessary in the proposed Final Judgment, the Defendants from attempting to rehire because acquisition of a single elevator proposed Final Judgment provides that relevant personnel that have agreed to from another grain purchasing company the Court will appoint a divestiture work for the acquirer, subject to certain is not uncommon in the grain industry, trustee selected by the United States to narrow exceptions, such as if an and such an acquisition, or even an execute the divestiture. If a divestiture individual is laid off by the acquirer. acquisition of a small suite of elevators, trustee is appointed, the proposed Final The non-solicit provision is limited in likely would not meet the notification Judgment provides that Defendant ZGC duration to 12 months, which is a length thresholds of the HSR Act, but will pay all costs and expenses of the of time intended to encompass the first nevertheless could have a substantial trustee. The divestiture trustee’s harvest season for which the acquirer anticompetitive effect. commission will be structured so as to will be operating the divested elevators. The proposed Final Judgment also provide an incentive for the trustee It is also limited in scope to apply only contains provisions designed to promote based on the price obtained and the to certain relevant personnel—regional/ compliance and make the enforcement speed with which the divestiture is general managers, elevator managers, of the Final Judgment as effective as accomplished. After the divestiture merchandisers, bookkeepers, and site possible. Paragraph XIV.A. provides that superintendents—the employees most the United States retains and reserves 1 In Osceola, Arkansas, Bunge has two elevator intimately involved with farmer all rights to enforce the provisions of the locations, ‘‘Riverside,’’ which as the name implies, outreach and elevator operation. The abuts the Mississippi, and ‘‘Landside,’’ a former soy proposed Final Judgment, including its crush plant located a bit inland from the river. categories of employees protected by the Bunge currently operates the two locations as one non-solicit provision are integral to 2 Paragraph XI.M. exempts from this reporting combined entity, with Landside being used maintaining customer relations while requirement Defendant ZGC’s acquisition of grain primarily for overflow storage in support of ownership of the assets is transitioning; purchasing facilities that were leased by Defendant Riverside; similarly, the proposed Final Judgment ZGC as of January 1, 2021. The United States has and Stipulation view the two Bunge Osceola elevator managers and the grain already accounted for ZGC’s control over those locations as one asset for purposes of remedying the merchandisers, in particular, are needed assets in its competitive analysis of the Transaction likely harm from the proposed Transaction. to develop and keep strong customer and structuring of the divestiture.
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rights to seek an order of contempt from United States to complete an considered by the U.S. Department of the Court. Under the terms of this investigation of an alleged violation Justice, which remains free to withdraw paragraph, Defendants have agreed that until after the Final Judgment has its consent to the proposed Final in any civil contempt action, any expired or been terminated. This Judgment at any time before the Court’s motion to show cause, or any similar provision, therefore, makes clear that, entry of the Final Judgment. The action brought by the United States for four years after the Final Judgment comments and the response of the regarding an alleged violation of the has expired or been terminated, the United States will be filed with the Final Judgment, the United States may United States may still challenge a Court. In addition, comments will be establish the violation and the violation that occurred during the term posted on the U.S. Department of appropriateness of any remedy by a of the Final Judgment. Justice, Antitrust Division’s internet preponderance of the evidence and that Finally, Section XV of the proposed website and, under certain Defendants have waived any argument Final Judgment provides that the Final circumstances, published in the Federal that a different standard of proof should Judgment will expire ten years from the Register. apply. This provision aligns the date of its entry, except that after five Written comments should be standard for compliance obligations years from the date of its entry, the Final submitted to: with the standard of proof that applies Judgment may be terminated upon Robert Lepore, Chief, Transportation, to the underlying offense that the notice by the United States to the Court Energy and Agriculture Section, compliance commitments address. and Defendants that the divestiture has Antitrust Division, U.S. Department of Paragraph XIV.B. provides additional been completed and that the Justice, 450 Fifth Street NW, Suite 8000, clarification regarding the interpretation continuation of the Final Judgment is no Washington, DC 20530. of the provisions of the proposed Final longer necessary or in the public The proposed Final Judgment Judgment. The proposed Final Judgment interest. provides that the Court retains was drafted to restore competition that jurisdiction over this action, and the IV. Remedies Available to Potential would otherwise be harmed by the parties may apply to the Court for any Private Litigants transaction. Defendants agree that they order necessary or appropriate for the will abide by the proposed Final Section 4 of the Clayton Act, 15 modification, interpretation, or Judgment, and that they may be held in U.S.C. 15, provides that any person who enforcement of the Final Judgment. contempt of this Court for failing to has been injured as a result of conduct prohibited by the antitrust laws may VI. Alternatives to the Proposed Final comply with any provision of the Judgment proposed Final Judgment that is stated bring suit in federal court to recover specifically and in reasonable detail, as three times the damages the person has As an alternative to the proposed interpreted in light of this suffered, as well as costs and reasonable Final Judgment, the United States procompetitive purpose. attorneys’ fees. Entry of the proposed considered a full trial on the merits Paragraph XIV.C. of the proposed Final Judgment neither impairs nor against Defendants. The United States Final Judgment provides that if the assists the bringing of any private could have continued the litigation and Court finds in an enforcement antitrust damage action. Under the sought preliminary and permanent proceeding that Defendants have provisions of Section 5(a) of the Clayton injunctions against ZGC’s acquisition of violated the Final Judgment, the United Act, 15 U.S.C. 16(a), the proposed Final grain elevators from Bunge. The United States may apply to the Court for a one- Judgment has no prima facie effect in States is satisfied, however, that the time extension of the Final Judgment, any subsequent private lawsuit that may divestiture of assets described in the together with such other relief as may be be brought against Defendants. proposed Final Judgment will remedy appropriate. In addition, to compensate the anticompetitive effects alleged in the V. Procedures Available for American taxpayers for any costs Complaint, preserving competition for Modification of the Proposed Final associated with investigating and the purchase of corn and soybeans in Judgment enforcing violations of the proposed the nine relevant geographic markets Final Judgment, Paragraph XIV.C. The United States and Defendants along the Mississippi and Ohio Rivers. provides that in any successful effort by have stipulated that the proposed Final Thus, the proposed Final Judgment the United States to enforce the Final Judgment may be entered by the Court achieves all or substantially all of the Judgment against a Defendant, whether after compliance with the provisions of relief the United States would have litigated or resolved before litigation, the APPA, provided that the United obtained through litigation, but avoids that Defendants will reimburse the States has not withdrawn its consent. the time, expense, and uncertainty of a United States for attorneys’ fees, The APPA conditions entry upon the full trial on the merits of the Complaint. experts’ fees, and other costs incurred in Court’s determination that the proposed VII. Standard of Review Under the connection with any enforcement effort, Final Judgment is in the public interest. APPA for the Proposed Final Judgment including the investigation of the The APPA provides a period of at potential violation. least 60 days preceding the effective The Clayton Act, as amended by the Paragraph XIV.D. states that the date of the proposed Final Judgment APPA, requires that proposed consent United States may file an action against within which any person may submit to judgments in antitrust cases brought by a Defendant for violating the Final the United States written comments the United States be subject to a 60-day Judgment for up to four years after the regarding the proposed Final Judgment. comment period, after which the Court Final Judgment has expired or been Any person who wishes to comment shall determine whether entry of the terminated. This provision is meant to should do so within 60 days of the date proposed Final Judgment ‘‘is in the address circumstances such as when of publication of this Competitive public interest.’’ 15 U.S.C. 16(e)(1). In evidence that a violation of the Final Impact Statement in the Federal making that determination, the Court, in Judgment occurred during the term of Register, or the last date of publication accordance with the statute as amended the Final Judgment is not discovered in a newspaper of the summary of this in 2004, is required to consider: until after the Final Judgment has Competitive Impact Statement, (A) the competitive impact of such expired or been terminated or when whichever is later. All comments judgment, including termination of alleged there is not sufficient time for the received during this period will be violations, provisions for enforcement and
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modification, duration of relief sought, F.2d at 1577 (quotation marks omitted). conclusions regarding the proposed anticipated effects of alternative remedies ‘‘The court should bear in mind the settlements are reasonable); InBev, 2009 actually considered, whether its terms are flexibility of the public interest inquiry: U.S. Dist. LEXIS 84787, at *20 (‘‘the ambiguous, and any other competitive The court’s function is not to determine considerations bearing upon the adequacy of ‘public interest’ is not to be measured by such judgment that the court deems whether the resulting array of rights and comparing the violations alleged in the necessary to a determination of whether the liabilities is one that will best serve complaint against those the court consent judgment is in the public interest; society, but only to confirm that the believes could have, or even should and resulting settlement is within the have, been alleged’’). Because the (B) the impact of entry of such judgment reaches of the public interest.’’ ‘‘court’s authority to review the decree upon competition in the relevant market or Microsoft, 56 F.3d at 1460 (quotation markets, upon the public generally and depends entirely on the government’s marks omitted). More demanding exercising its prosecutorial discretion by individuals alleging specific injury from the requirements would ‘‘have enormous violations set forth in the complaint bringing a case in the first place,’’ it including consideration of the public benefit, practical consequences for the follows that ‘‘the court is only if any, to be derived from a determination of government’s ability to negotiate future authorized to review the decree itself,’’ the issues at trial. settlements,’’ contrary to congressional and not to ‘‘effectively redraft the intent. Id. at 1456. ‘‘The Tunney Act 15 U.S.C. 16(e)(1)(A) & (B). In complaint’’ to inquire into other matters was not intended to create a considering these statutory factors, the that the United States did not pursue. disincentive to the use of the consent Court’s inquiry is necessarily a limited Microsoft, 56 F.3d at 1459–60. decree.’’ Id. one as the government is entitled to The United States’ predictions about In its 2004 amendments to the APPA, ‘‘broad discretion to settle with the the efficacy of the remedy are to be Congress made clear its intent to defendant within the reaches of the afforded deference by the Court. See, preserve the practical benefits of using public interest.’’ United States v. e.g., Microsoft, 56 F.3d at 1461 consent judgments proposed by the Microsoft Corp., 56 F.3d 1448, 1461 (recognizing courts should give ‘‘due United States in antitrust enforcement, (D.C. Cir. 1995); United States v. U.S. respect to the Justice Department’s . . . Public Law. 108–237 § 221, and added Airways Grp., Inc., 38 F. Supp. 3d 69, view of the nature of its case’’); United the unambiguous instruction that 75 (D.D.C. 2014) (explaining that the States v. Iron Mountain, Inc., 217 F. ‘‘[n]othing in this section shall be ‘‘court’s inquiry is limited’’ in Tunney Supp. 3d 146, 152–53 (D.D.C. 2016) (‘‘In construed to require the court to Act settlements); United States v. InBev evaluating objections to settlement conduct an evidentiary hearing or to N.V./S.A., No. 08–1965 (JR), 2009 U.S. agreements under the Tunney Act, a require the court to permit anyone to Dist. LEXIS 84787, at *3 (D.D.C. Aug. court must be mindful that [t]he intervene.’’ 15 U.S.C. 16(e)(2); see also 11, 2009) (noting that a court’s review government need not prove that the U.S. Airways, 38 F. Supp. 3d at 76 of a consent judgment is limited and settlements will perfectly remedy the (indicating that a court is not required only inquires ‘‘into whether the alleged antitrust harms[;] it need only to hold an evidentiary hearing or to government’s determination that the provide a factual basis for concluding permit intervenors as part of its review proposed remedies will cure the that the settlements are reasonably under the Tunney Act). This language antitrust violations alleged in the adequate remedies for the alleged explicitly wrote into the statute what complaint was reasonable, and whether harms.’’) (internal citations omitted); the mechanism to enforce the final Congress intended when it first enacted United States v. Republic Servs., Inc., the Tunney Act in 1974. As Senator judgment are clear and manageable’’). 723 F. Supp. 2d 157, 160 (D.D.C. 2010) As the U.S. Court of Appeals for the Tunney explained: ‘‘[t]he court is (noting ‘‘the deferential review to which nowhere compelled to go to trial or to District of Columbia Circuit has held, the government’s proposed remedy is under the APPA a court considers, engage in extended proceedings which accorded’’); United States v. Archer- might have the effect of vitiating the among other things, the relationship Daniels-Midland Co., 272 F. Supp. 2d 1, between the remedy secured and the benefits of prompt and less costly 6 (D.D.C. 2003) (‘‘A district court must settlement through the consent decree specific allegations in the government’s accord due respect to the government’s process.’’ 119 Cong. Rec. 24,598 (1973) complaint, whether the proposed Final prediction as to the effect of proposed (statement of Sen. Tunney). ‘‘A court Judgment is sufficiently clear, whether remedies, its perception of the market can make its public interest its enforcement mechanisms are structure, and its view of the nature of determination based on the competitive sufficient, and whether it may positively the case’’). The ultimate question is impact statement and response to public harm third parties. See Microsoft, 56 whether ‘‘the remedies [obtained by the F.3d at 1458–62. With respect to the Final Judgment are] so inconsonant with comments alone.’’ U.S. Airways, 38 F. adequacy of the relief secured by the the allegations charged as to fall outside Supp. 3d at 76 (citing Enova Corp., 107 proposed Final Judgment, a court may of the ‘reaches of the public interest.’ ’’ F. Supp. 2d at 17). ‘‘not to make de novo determination of Microsoft, 56 F.3d at 1461 (quoting W. VIII. Determinative Documents facts and issues.’’ United States v. W. Elec. Co., 900 F.2d at 309). Elec. Co., 993 F.2d 1572, 1577 (D.C. Cir. Moreover, the Court’s role under the There are no determinative materials 1993) (quotation marks omitted); see APPA is limited to reviewing the or documents within the meaning of the also Microsoft, 56 F.3d at 1460–62; remedy in relationship to the violations APPA that were considered by the United States v. Alcoa, Inc., 152 F. that the United States has alleged in its United States in formulating the Supp. 2d 37, 40 (D.D.C. 2001); United complaint, and does not authorize the proposed Final Judgment. States v. Enova Corp., 107 F. Supp. 2d Court to ‘‘construct [its] own Dated: June 1, 2021. 10, 16 (D.D.C. 2000); InBev, 2009 U.S. hypothetical case and then evaluate the Dist. LEXIS 84787, at *3. Instead, ‘‘[t]he decree against that case.’’ Microsoft, 56 Respectfully submitted, balancing of competing social and F.3d at 1459; see also U.S. Airways, 38 lllllllllllllllllllll political interests affected by a proposed F. Supp. 3d at 75 (noting that the court Jill Ptacek, antitrust consent decree must be left, in must simply determine whether there is U.S. Department of Justice Antitrust Division, the first instance, to the discretion of the a factual foundation for the Transportation, Energy and Agriculture Attorney General.’’ W. Elec. Co., 993 government’s decisions such that its Section, 450 Fifth Street NW, Suite 8000,
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Washington, DC 20530, 202–307–6607, Petitioner’s counsel made a motion for In adjudicating the OSC issued to [email protected]. summary disposition. Id. at 19017–18. Petitioner, I found that Petitioner made [FR Doc. 2021–11916 Filed 6–7–21; 8:45 am] After the Chief Administrative Law legal arguments that conflict with a core BILLING CODE 4410–11–P Judge (hereinafter, ALJ) heard from both principle of the Controlled Substances the Petitioner’s and the Government’s Act (hereinafter, CSA)—the counsels on the motion, he ruled on the establishment of a closed regulatory DEPARTMENT OF JUSTICE motion from the bench, denying it in system devised to ‘‘prevent the part and reserving it in part. Id. diversion of drugs from legitimate to Drug Enforcement Administration Petitioner then advised the Chief ALJ illicit channels.’’ Gonzales v. Raich, 545 [Docket No. 17–31] that she chose not to present a case. Id. U.S. 1, 13–14, 27 (2005). I found that at 19018. Following discussion about Petitioner proposed a course of action Jennifer L. St. Croix, M.D.; Order that decision, Petitioner sought and regarding the storage of controlled Denying Motion To Stay obtained from the Chief ALJ time to substances that would be a danger to public health and safety as it would I. Introduction consult with her attorney. Id. After the opportunity to consult, Petitioner re- allow the storage of controlled On April 12, 2021, I issued a Decision stated her decision not to put on a case. substances anywhere, as long as no and Order revoking, effective May 12, Id. Accordingly, Petitioner knowingly dispensing took place at the location. 86 2021, Certificate of Registration No. declined the opportunity to offer FR at 19024. I declined to accept FS2669868 issued to Jennifer L. St. documentary evidence and oral Petitioner’s arguments, concluding that Croix, M.D. (hereinafter, Petitioner) at a testimony for the record. to do so would conflict with my registered address in Tennessee. In my April 12, 2021 Decision/Order, authority under the CSA and would Jennifer L. St. Croix, M.D., 86 FR 19010 I found that Petitioner ‘‘had committed establish a dangerous policy. Id. (April 12, 2021) (hereinafter, April 12, In my adjudication of the OSC issued such acts as would render . . . [her] 2021 Decision/Order). On May 6, 2021, to Petitioner, I also determined that registration inconsistent with the public Petitioner’s Counsel filed by email with Petitioner urged me to accept positions interest.’’ 21 U.S.C. 824(a)(4). The acts the Drug Enforcement Administration that minimize statutory and regulatory alleged in the OSC for which I found the Office of the Administrative Law Judges inventory requirements. Id. I rejected Government had submitted substantial (hereinafter, OALJ) a Motion to Stay those positions as well. Enforcement Pending Appeal evidentiary support for the record and III. Petitioner’s Motion To Stay (hereinafter, Motion to Stay) and served had proven were legal violations were by email the Drug Enforcement (1) that Petitioner issued controlled Petitioner argues that there are Administration Office of Chief Counsel substance prescriptions for no legitimate multiple reasons why her Motion to (hereinafter, DEA or Government). The purpose and outside the usual course of Stay satisfies the applicable legal OALJ forwarded the Motion to Stay to professional practice, (2) that Petitioner standard and why I should grant her my office. On May 7, 2021, I ordered the failed to maintain medical records requested relief. First, she argues that Government to respond to Petitioner’s pertaining to her prescribing of there is a substantial likelihood that her Motion to Stay no later than 5:00 p.m. controlled substances, (3) that Petitioner review petition will prevail because she on Monday, May 10, 2021. The provided misleading information to has had ‘‘no further issues regarding her Government filed a timely response investigating DEA agents, (4) that prescribing and management of (hereinafter, Govt Opposition), arguing Petitioner failed to provide fully- controlled substances . . . over the past that the Motion to Stay should be compliant controlled substance seven years.’’ Motion to Stay, at 3. denied. prescription drug logs to DEA for Petitioner also argues that the reviewing Later in the day of May 7, 2021, the periods during which she issued Circuit Court will find in her favor United States Department of Justice controlled substance prescriptions, (5) because the penalty I assessed in my alerted my office that Petitioner had that Petitioner stored controlled April 12, 2021 Decision/Order ‘‘is filed a pro se petition with the District substances at an unregistered location, excessive, unjust, and disproportionate of Columbia Circuit Court of Appeals for and (6) that Petitioner failed to provide to her actions’’ based on her ‘‘review of review of my April 12, 2021 Decision/ effective controls or procedures to guard other administrative actions against Order. Petition for Review of Agency against the theft or diversion of physicians.’’ Id. at 4. Decision, St. Croix v. United States Drug controlled substances. 86 FR at 19019– Second, Petitioner posits that she will Enforcement Administration, 21–1116 21, 19023–25. I did not find substantial suffer irreparable injury if enforcement (dated May 5, 2021) (hereinafter, Review evidence and/or a legal basis to support of my April 12, 2021 Decision/Order is Petition). Petitioner identified her the OSC’s allegations (1) that Petitioner not stayed. ‘‘It would be difficult,’’ the address on her Review Petition to be in had continued to issue controlled Motion to Stay argues, ‘‘to overstate the Las Vegas, Nevada. Review Petition, at substance prescriptions to individuals impact that the loss of her [DEA 1. who are intimate or close acquaintances, registration] would have on . . . [her] Having considered the merits of and to an individual with whom she ability to earn a living.’’ Id. She states Petitioner’s Motion to Stay and of the had a ‘‘romantic interaction,’’ (2) that that enforcement of my April 12, 2021 Government’s Response in conjunction Petitioner violated 21 U.S.C. Decision/Order ‘‘will result in the with the record evidence, I deny 843(a)(4)(A) by failing to comply with immediate loss of her current position Petitioner’s Motion to Stay. the terms of her June 2011 and essentially make her unemployable Memorandum of Agreement as a physician.’’ Id. She also states that II. The April 12, 2021 Decision/Order (hereinafter, MOA) with DEA, (3) that she ‘‘will not be able to recover her lost Petitioner requested a hearing on the Petitioner did not maintain records of income that will result from her sudden allegations that the Order to Show the controlled substances she unemployment’’ and that a stay of Cause (hereinafter, OSC) made against dispensed, and (4) that Petitioner did enforcement ‘‘would allow . . . [her] to her. 86 FR at 19011. She attended the not conduct an initial inventory of the continue to support herself while she hearing with her attorney. Id. at 19018. controlled substances she received. Id. explores other employment After the Government rested, at 19019–20, 19022–25. opportunities.’’ Id. at 5.
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Third, Petitioner argues that no party entitled to substantial deference.’ ’’ Govt review, and the party requesting the stay ‘‘will be harmed if the enforcement of Opposition, at 3 (citing Chien v. Drug ‘‘bears the burden of showing that the the . . . [April 12, 2021 Decision/Order] Enf’t Admin., 533 F.3d 828, 835 (D.C. circumstances justify an exercise of that is stayed.’’ Id. In support of this Cir. 2008) (quoting Morall, 412 F.3d at discretion.’’ 556 U.S. at 433–34. The argument, Petitioner states that the 177)). The Government’s Opposition four factors are ‘‘(1) whether the stay enforcement proceeding never ‘‘alleged states that an ‘‘Agency’s sanction applicant has made a strong showing that any action or omission by . . . [her] decision is ‘arbitrary’ only if it is a that he is likely to succeed on the resulted in harm to any person,’’ and ‘flagrant departure from DEA policy and merits; (2) whether the applicant will be that DEA ‘‘did not apparently see . . . practice . . . and if the departure is not irreparably injured absent a stay; (3) [her] as posing any kind of imminent only unexplained, but entirely whether issuance of the stay will threat or danger to her . . . patients, as unrecognized in the [Agency’s] substantially injure the other parties it never sought any sort of injunction or decision.’ ’’ Govt Opposition, at 3–4 interested in the proceeding; and (4) immediate suspension of her (citing Chien, 533 F.3d at 836 (quoting where the public interest lies.’’ Id. at certificate.’’ Id. She also argues that ‘‘no Morall, 412 F.3d at 183) (emphasis 434. According to the Court, the ‘‘first parties have been harmed in the past added by the Government)). The two factors of the traditional standard and there is no likelihood that any Government concludes that Petitioner are the most critical.’’ Id. If the parties would be harmed if a stay of has not shown that the April 12, 2021 applicant satisfies the first two factors, enforcement is granted.’’ Id. at 6. Decision/Order was ‘‘arbitrary’’ and that ‘‘the traditional stay inquiry calls for Fourth, Petitioner states in her Motion she ‘‘‘ has not established a serious assessing the harm to the opposing party to Stay that the ‘‘public interest is in question going to the merits of [her] and weighing the public interest.’’ Id. at allowing an experienced practitioner to appeal, much less a substantial 435. When the Government is the keep practicing in a medical specialty likelihood of success on the merits of opposing party, these two factors merge. that is urgently needed during a global [her] petition for review to warrant the Id. pandemic.’’ 1 Id. at 6. Petitioner indicates issuance of a stay.’ ’’ Govt Opposition, at VI. Application of the Legal Standard to that she would like ‘‘to at least give 3, 5 (quoting Medicine Shoppe- Petitioner’s Motion to Stay proper notice to her employer and allow Jonesborough, Motion to Stay Denial, 73 sufficient time to try and find a suitable FR 3997, 3998 (2008)). Having analyzed the Motion to Stay, employment.’’ Id. Petitioner’s definition Regarding whether Petitioner’s the Government’s Opposition, and the of ‘‘proper notice’’ appears to be Motion to Stay demonstrates irreparable entire record in this matter, I find that connected to ‘‘at least until this action harm, the Government argues that it Petitioner has not met her burden of has been finally concluded.’’ Id. at 7. does not, because it ‘‘offers no evidence showing that the circumstances justify Petitioner also claims that, ‘‘as she is a in support’’ of its claims that revocation an exercise of my discretion to stay, woman of Asian descent, . . . [she] is ‘‘would ‘result in the immediate loss of pending appellate review, enforcement particularly suited to provide her current position and essentially of the sanction I ordered on April 12, compassionate and understanding make her unemployable as a 2021. Id. at 433–34. treatment to patients who have been the physician.’ ’’ Govt Opposition, at 5 Regarding whether there is a victim of ongoing racial/ethnic (citing Medicine Shoppe-Jonesborough, substantial likelihood that Petitioner prejudices, as she herself has 73 FR at 3998). The Government will prevail on the merits, even if experienced these prejudices herself.’’ concludes that Petitioner’s allegations of Petitioner had substantiated her Id. at 6. harm are ‘‘entirely speculative and, as argument, which she did not, that she importantly, unsubstantiated.’’ Govt has had ‘‘no further issues regarding her IV. The Government’s Opposition to the Opposition, at 6. prescribing and management of Motion to Stay controlled substances’’ for the last seven As already discussed, the Government V. The Applicable Legal Standard years, her argument is irrelevant to my opposes Petitioner’s Motion to Stay. The Supreme Court has addressed the adjudication of the OSC and to the Supra section I. Regarding whether purpose of stays and the legal standard Circuit Court’s review of my Decision/ Petitioner is likely to prevail on appeal, for the evaluation of motions to stay. In Order.2 The OSC at issue, dated April the Government states that the Motion Scripps-Howard Radio, Inc. v. Fed. 12, 2017, and the adjudication of that to Stay ‘‘assigns no legal or factual Communications Comm’n, the Supreme OSC concern Petitioner’s unlawful and errors to the Acting Administrator’s Court ruled that ‘‘it is reasonable that an allegedly unlawful acts during a decision.’’ Govt Opposition, at 3. It appellate court should be able to specified period before April 12, 2017. argues that Petitioner’s Motion to Stay prevent irreparable injury to the parties As such, Petitioner’s argument that she ‘‘points (without analysis or or to the public resulting from the has had ‘‘no further issues regarding her comparison) to a single court of appeals premature enforcement of a prescribing and management of decision finding that the Agency’s determination which may later be found controlled substances’’ since the date of decision to revoke a practitioner’s to have been wrong . . . [and it] has the OSC is of no relevance. registration was ‘arbitrary.’ ’’ Id. (citing always been held, therefore, that, as part For the portion of the alleged seven- Morall v. Drug Enf’t Admin., 412 F.3d of its traditional equipment for the year period that is before the date of the 165, 181 (D.C. Cir. 2005)). According to administration of justice, a federal court OSC, I note that neither this Agency nor the Government, ‘‘Morall offers . . . can stay the enforcement of a judgment any other federal law enforcement [Petitioner] here no relief’’ because, ‘‘as pending the outcome of an appeal.’’ 316 agency is required to bring all possible the D.C. Circuit has since reiterated, U.S. 4, 9–10 (1942). charges against any subject at one time. ‘under the Administrative Procedure In 2009, the Supreme Court provided See, e.g., Heckler v. Chaney, 470 U.S. Act, the [Agency’s] choice of sanction is the legal standard applicable to Petitioner’s Motion to Stay. Nken v. 2 Petitioner likely referenced ‘‘seven’’ years 1 According to the Motion to Stay, Petitioner is Holder, 556 U.S. 418 (2009). According because the record evidence includes a three-year ‘‘actively engaged in the care and treatment of to Nken, four factors guide a court’s MOA between Petitioner and DEA dated June 2011. individuals in desperate need of medical care, and DEA issued her the Tennessee-based registration, . . . does not pose any immediate danger to the exercise of discretion to stay whose revocation is effective tomorrow, because community.’’ Motion to Stay, at 6. enforcement of an order pending she agreed to the MOA’s terms.
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821, 831 (1985) (‘‘This Court has Accordingly, I do not accept Petitioner’s collection request to the Office of recognized on several occasions over irreparable injury arguments. Management and Budget (OMB) for many years that an agency’s decision Nken makes clear that the ‘‘first two review and approval in accordance with not to prosecute or enforce, whether factors of the traditional standard are the Paperwork Reduction Act of 1995. through civil or criminal process, is a the most critical.’’ 556 U.S. at 434. It DATES: The purpose of this notice is to decision generally committed to an also explains that, if the applicant allow for an additional 60 days for agency’s absolute discretion.’’). Instead, satisfies the first two factors, ‘‘the public comment August 9, 2021. agencies exercise their investigative and traditional stay inquiry calls for FOR FURTHER INFORMATION CONTACT: If prosecutorial discretion based on assessing the harm to the opposing party you have comments especially on the matters such as enforcement priorities and weighing the public interest.’’ Id. at estimated public burden or associated and the availability of resources. See, 435. Here, Petitioner has not satisfied response time, suggestions, or need a e.g., id. at 831–32. either of the first two factors. Supreme copy of the proposed information Further, Petitioner has had, and Court case law makes clear that I need collection instrument with instructions continues to have, the option of not address Petitioner’s arguments or additional information, please submitting an application for a new regarding the third and fourth stay contact Lashon M. Hilliard, Department DEA registration. The Agency’s factors. Id. For the sake of having a of Justice Office of Community Oriented decisions make clear that an applicant’s complete record, however, I shall do so. Policing Services, 145 N Street NE, past actions that violate the law need Assuming, arguendo, the accuracy of Washington, DC 20530, 202–305–5245. not result in her being denied a DEA Petitioner’s arguments that she has Written comments and/or suggestions registration indefinitely. See, e.g., never been accused of harming a person, can also be directed to the Office of Michele L. Martinho, M.D., 86 FR 24012 and of her suggestion that the third Management and Budget, Office of (2021). factor addresses such harm, I find that Regarding her allegation that the Information and Regulatory Affairs, the legal violations I sustained in my Attention Department of Justice Desk sanction I assessed in my April 12, 2021 April 12, 2021 Decision/Order do not Decision/Order is ‘‘excessive, unjust, Officer, Washington, DC 20530 or sent include harm to a person among their to [email protected]. and disproportionate to her actions,’’ elements. Accordingly, I find SUPPLEMENTARY INFORMATION: Written Petitioner neither submitted evidence Petitioner’s third factor arguments to be comments and suggestions from the for the record during the hearing on the irrelevant, and I reject them. public and affected agencies concerning OSC nor now submits evidence that Fourth, even if the record evidence the proposed collection of information substantiates it. My April 21, 2021 substantiates Petitioner’s public interest are encouraged. Your comments should Decision/Order, however, explains how claims, which it does not, the Agency address one or more of the following violations that I found Petitioner had has rejected community impact four points: committed go to the heart of the CSA arguments. See, e.g., Perry County Food and its implementing regulations, and & Drug, 80 FR 70084 (2015). —Evaluate whether the proposed rejects her arguments that minimize Accordingly, I reject Petitioner’s public collection of information is necessary applicable legal requirements. See, e.g., interest arguments. for the proper performance of the 86 FR at 19024. Accordingly, I do not Having determined that Petitioner has functions of the agency, including find persuasive Petitioner’s arguments not met her burden of showing that the whether the information will have that there is a substantial likelihood that circumstances justify an exercise of my practical utility; she will prevail on the merits upon discretion to stay enforcement of the —Evaluate the accuracy of the agency’s appellate review, and I reject them. sanction I ordered on April 12, 2021, estimate of the burden of the Petitioner’s irreparable injury pending appellate review, I deny her proposed collection of information, arguments are predictions that she does Motion to Stay. including the validity of the not tether to existing or new record methodology and assumptions used; evidence. For example, as already It is so ordered. —Enhance the quality, utility, and discussed, Petitioner provides an Dated: May 11, 2021. clarity of the information to be address for herself in Las Vegas, Nevada D. Christopher Evans, collected; and in the pro se review petition she Acting Administrator. —Minimize the burden of the collection recently filed in the District of Columbia [FR Doc. 2021–11982 Filed 6–7–21; 8:45 am] of information on those who are to Circuit. Supra n.1. There is no record BILLING CODE 4410–09–P respond, including through the use of evidence, and she submitted no new appropriate automated, electronic, evidence along with this or her Review mechanical, or other technological Petition filing, that Petitioner is DEPARTMENT OF JUSTICE collection techniques or other forms registered in Nevada or even that she is of information technology, e.g., [OMB Number 1103–0102] licensed to practice medicine in permitting electronic submission of Nevada. Petitioner’s irreparable injury Agency Information Collection responses. arguments related to any future loss by Activities; Proposed eCollection her of earned income, therefore, are Overview of This Information eComments Requested; Community Collection without a sufficient basis in record Oriented Policing Services (COPS) evidence. Accordingly, I reject them. Progress Report (1) Type of Information Collection: Further, Petitioner’s loss of earned Revision of a currently approved income claims are of a generic nature AGENCY: Community Oriented Policing collection. that any practitioner whose registration Services, Department of Justice. (2) Title of the Form/Collection: COPS had been revoked or suspended could ACTION: 60-Day notice. Progress Report. make. Even if Petitioner had submitted (3) Agency form number: 1103–0102 record evidence substantiating these SUMMARY: The Office of Community U.S. Department of Justice Office of predictions, the CSA does not direct me Oriented Policing Services (COPS), Community Oriented Policing Services. to consider her loss of earned income or Department of Justice (DOJ), will be (4) Affected public who will be asked potential loss of earned income. submitting the following information or required to respond, as well as a brief
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abstract: Primary: Law Enforcement Section 280 Implementation), by any of A modern, streamlined and Agencies. the following methods: responsive customer experience means: (5) An estimate of the total number of • Federal eRulemaking portal: Raising government-wide customer respondents and the amount of time https://www.regulations.gov. Follow the experience to the average of the private estimated for an average respondent to instructions for submitting comments. sector service industry; developing respond/reply: Comments submitted electronically, indicators for high-impact Federal There will be approximately 1,424 including attachments to https:// programs to monitor progress towards awardees submitting a COPS Progress www.regulations.gov, will be posted to excellent customer experience and Report on a semi-annually basis, or the docket unchanged. mature digital services; and providing 4,042 responses annually. The average • Mail: General Services the structure (including increasing estimated time to complete a progress Administration, Regulatory Secretariat transparency) and resources to ensure report is 35 minutes per awardee Division (MVCB), 1800 F Street NW, customer experience is a focal point for submission. Washington, DC 20405. ATTN: Ms. agency leadership. To support this, (6) An estimate of the total public Mandell/IC 1103–NEW, A–11 Section OMB Circular A–11 Section 280 burden (in hours) associated with the 280 Improving Customer Experience. established government-wide standards collection: Instructions: Please submit comments for mature customer experience 0.4167 hours per respondent × 1424 only and cite Information Collection × organizations in government and respondents 2 (semi-annually 1103–NEW, Improving Customer measurement. To enable Federal response) = 2,848 annual hours Experience (OMB Circular A–11, programs to deliver the experience Total Annual Respondent Burden: Section 280 Implementation), in all taxpayers deserve, they must undertake 2,848 hours. correspondence related to this three general categories of activities: If additional information is required collection. To confirm receipt of your Conduct ongoing customer research, contact: Melody D. Braswell, comment(s), please check gather and share customer feedback, and Department Clearance Officer, United regulations.gov, approximately two-to- test services and digital products. States Department of Justice, Justice three business days after submission to Management Division, Policy and verify posting (except allow 30 days for These data collection efforts may be Planning Staff, Two Constitution posting of comments submitted by either qualitative or quantitative in Square, 145 N Street NE, Room mail). nature or may consist of mixed 3E.405A, Washington, DC 20530. methods. Additionally, data may be SUPPLEMENTARY INFORMATION: collected via a variety of means, Dated: June 3, 2021. A. Purpose including but not limited to electronic Melody D. Braswell, or social media, direct or indirect Under the PRA, (44 U.S.C. 3501– Department Clearance Officer for PRA, U.S. observation (i.e., in person, video and 3520) Federal Agencies must obtain Department of Justice. audio collections), interviews, approval from the Office of Management [FR Doc. 2021–11963 Filed 6–7–21; 8:45 am] questionnaires, surveys, and focus and Budget (OMB) for each collection of BILLING CODE 4410–AT–P groups. The De will limit its inquiries to information they conduct or sponsor. data collections that solicit strictly ‘‘Collection of information’’ is defined voluntary opinions or responses. Steps in 44 U.S.C. 3502(3) and 5 CFR DEPARTMENT OF JUSTICE will be taken to ensure anonymity of 1320.3(c) and includes Agency requests respondents in each activity covered by [OMB Control No. 1103–NEW] or requirements that members of the this request. Information Collection; Improving public submit reports, keep records, or The results of the data collected will Customer Experience (OMB Circular provide information to a third party. be used to improve the delivery of A–11, Section 280 Implementation) Section 3506(c)(2)(A) of the PRA requires Federal Agencies to provide a Federal services and programs. It will AGENCY: Office of the Chief Information 60-day notice in the Federal Register include the creation of personas, Officer, Department of Justice. concerning each proposed collection of customer journey maps, and reports and ACTION: 60-Day notice. information, including each proposed summaries of customer feedback data extension of an existing collection of and user insights. It will also provide SUMMARY: The Department of Justice as information, before submitting the government-wide data on customer part of its continuing effort to reduce collection to OMB for approval. To experience that can be displayed on paperwork and respondent burden, is comply with this requirement, GSA is performance.gov to help build announcing an opportunity for public publishing notice of the proposed transparency and accountability of comment on a new proposed collection collection of information set forth in Federal programs to the customers they of information by the Agency. Under the this document. serve. Paperwork Reduction Act of 1995 Whether seeking a loan, Social (PRA), Federal Agencies are required to Security benefits, veteran’s benefits, or Method of Collection publish notice in the Federal Register other services provided by the Federal concerning each proposed collection of The Department will collect this Government, individuals and businesses information by electronic means when information, and to allow 60 days for expect Government customer services to public comment in response to the possible, as well as by mail, fax, be efficient and intuitive, just like telephone, technical discussions, and notice. This notice solicits comments on services from leading private-sector new collection proposed by the Agency. in-person interviews. The Department organizations. Yet the 2016 American may also utilize observational DATES: Submit comments on or before: Consumer Satisfaction Index and the techniques to collect this information. August 9, 2021. 2017 Forrester Federal Customer ADDRESSES: Submit comments Experience Index show that, on average, Data identified by Information Collection Government services lag nine 1103–NEW, Improving Customer percentage points behind the private Form Number(s): None. Experience (OMB Circular A–11, sector. Type of Review: New.
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B. Annual Reporting Burden DEPARTMENT OF JUSTICE (3) Agency form number, if any, and the applicable component of the Affected Public: Collections will be [OMB Number 1122–NEW] Department of Justice sponsoring the targeted to the solicitation of opinions Agency Information Collection collection: 1122–NEW. Sponsoring from respondents who have experience Activities; Proposed eCollection agency: U.S. Department of Justice, with the program or may have eComments Requested Office on Violence Against Women, experience with the program in the near which has supplied grant funds to the future. For the purposes of this request, AGENCY: Office on Violence Against National Crime Victim Law Institute for ‘‘customers’’ are individuals, Women, Department of Justice. a project of which the proposed survey businesses, and organizations that ACTION: 60-Day notice. is one component. interact with a Federal Government (4) Affected public who will be asked SUMMARY: The Department of Justice, agency or program, either directly or via or required to respond, as well as a brief Office on Violence Against Women a Federal contractor. This could include abstract: Established in 1995, OVW (OVW) will be submitting the following administers financial and technical individuals or households; businesses information collection request to the or other for-profit organizations; not-for- assistance to communities across the Office of Management and Budget country that are developing programs, profit institutions; State, local or tribal (OMB) for review and approval in policies, and practices that combat governments; Federal government; and accordance with the Paperwork domestic/dating violence, sexual Universities. Reduction Act of 1995. assault, and stalking. OVW administers Estimated Number of Respondents: DATES: Comments are encouraged and both formula-based and discretionary 2,001,550. will be accepted for 60 days until grant programs, established under the Estimated Time per Response: Varied, August 9, 2021. Violence Against Women Act (VAWA) dependent upon the data collection FOR FURTHER INFORMATION CONTACT: and subsequent legislation. Recipients method used. The possible response Written comments and/or suggestion of OVW funds work through a time to complete a questionnaire or regarding the items contained in this coordinated community response to notice, especially the estimated public support victims and hold perpetrators survey may be 3 minutes or up to 1.5 burden and associated response time, accountable. The National Crime Victim hours to participate in an interview. should be directed to Cathy Poston, Law Institute (NCVLI) receives funding Estimated Total Annual Burden Office on Violence Against Women, at to provide training and technical Hours: 101,125. 202–514–5430 or Catherine.poston@ assistance to help community-based and Estimated Total Annual Cost to usdoj.gov. system-based advocates work Public: $0. SUPPLEMENTARY INFORMATION: Written collaboratively to support victims, comments and suggestions from the particularly with regard to their legal C. Public Comments public and affected agencies concerning rights in criminal justice. The training and technical assistance OVW award The Department invites comments on: the proposed collection of information are encouraged. Your comments should granted to NCVLI is the first award (a) Whether the proposed collection of focused on system-based advocates and information is necessary for the proper address one or more of the following four points: the dynamic relationship between performance of the functions of the (1) Evaluate whether the proposed system-based advocates and their agency, including whether the collection of information is necessary community partners. information will have practical utility; for the proper performance of the The purpose of this collection is two- (b) the accuracy of the agency’s estimate functions of the agency, including fold: (1) To determine front-line of the burden (including hours and cost) whether the information will have advocates’ (both system and community of the proposed collection of practical utility; based) existing knowledge regarding information; (c) ways to enhance the (2) Evaluate the accuracy of the victims’ legal rights, particularly in quality, utility, and clarity of the agency’s estimate of the burden of the criminal justice processes; and (2) the information to be collected; and (d) proposed collection of information, existence (or non-existence) and quality ways to minimize the burden of the including the validity of the of relationships between community- collection of information on methodology and assumptions used; and system-based advocates in a respondents, including through the use (3) Enhance the quality, utility, and jurisdiction that can aid appropriate referrals for coordinated or of automated collection techniques or clarity of the information to be complementary services. This collection other forms of information technology. collected; and will identify existing skills and Comments submitted in response to this (4) Minimize the burden of the collection of information on those who knowledge as well as gaps, together notice will be summarized and/or are to respond, including through the with barriers to meaningful included in the request for OMB use of appropriate automated, collaboration among and between approval of this information collection; electronic, mechanical, or other advocates. This collection is critical they also will become a matter of public technological collection techniques or because effective advocacy that record. other forms of information technology, promotes survivor agency and physical Dated: June 2, 2021. e.g., permitting electronic submission of and emotional safety requires Melody Braswell, responses. collaboration and coordination of community-based and system-based Department Clearance Officer for PRA, U.S. Overview of This Information advocates and training and technical Department of Justice. Collection assistance provided should fill gaps and [FR Doc. 2021–11893 Filed 6–7–21; 8:45 am] (1) Type of Information Collection: build upon existing knowledge and BILLING CODE 4410–02–P New collection. skills. The collection tool was (2) Title of the Form/Collection: developed in collaboration with an Advocate Skill & Knowledge Needs Advisory Committee of subject matter Assessment. experts after determining that there has
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been no comparable assessment of Square, 145 N Street NE, 3E, 405B, Summary knowledge and skills conducted to date. Washington, DC 20530. Phase 1 of the Deep Space Food The Advisory Committee developed the Dated: June 2, 2021. Challenge will be conducted virtually. collection tool to ensure its language is Melody Braswell, The Challenge competitors will develop accessible and understandable to Department Clearance Officer, PRA, U.S. and submit their design proposals from advocates; its questions will result in Department of Justice. their own location. collection of data needed to identify The original registration deadline was gaps in knowledge and skills; and its [FR Doc. 2021–11892 Filed 6–7–21; 8:45 am] BILLING CODE 4410–FX–P released in the Federal Register on structure is streamlined to ease burden. January 15, 2021. Ref: Federal Register/ The information will be used by NCVLI Vol. 86, No. 10/Friday, January 15, to determine what training and 2021/Notices; pages 4131–4132. technical assistance (TTA) is needed to NATIONAL AERONAUTICS AND ensure that communities have SPACE ADMINISTRATION Cheryl Parker, collaborative partnerships between [Notice: 21–034] NASA Federal Register Liaison Officer. community-based and system-based [FR Doc. 2021–11905 Filed 6–7–21; 8:45 am] advocates and other service Deep Space Food Challenge Phase 1 BILLING CODE 7510–13–P professionals in order to provide Extended Deadline trauma-informed and survivor-centered AGENCY: National Aeronautics and services regarding victims’ rights. This Space Administration (NASA). NATIONAL CREDIT UNION information will be used by OVW to ADMINISTRATION ensure grantees are received targeted, ACTION: Notice of extension of the informed training and technical registration deadline for Deep Space Sunshine Act Meetings assistance from NCVLI to ensure that Food Challenge Phase 1. grantees’ professional and community TIME AND DATE: 10:00 a.m., Thursday, SUMMARY: The National Aeronautics and June 10, 2021. needs are being met. The collection will Space Administration (NASA) PLACE: Due to the COVID–19 Pandemic, be national in scope and will inform the announces an extension of the Deep the meeting will be held via development of TTA for NCVLI’s Space Food Challenge Phase 1 teleconference. national Project as well as future OVW registration deadline for U.S. and non- criminal justice response programs. Canadian International teams to June 25, STATUS: Closed. The affected public are victim 2021. MATTERS TO BE CONSIDERED: advocates (both system-based and 1. Board Appeal. Closed pursuant to DATES: Challenge registration for Phase community-based). Exemption (8). 1 opened January 12, 2021, and will Explain Why Information Is Necessary, remain open until the deadlines stated CONTACT PERSON FOR MORE INFORMATION: How It Will Be Collected below. No further requests for Melane Conyers-Ausbrooks, Secretary of (Electronically), How It Will Be Used registration will be accepted after the the Board, Telephone: 703–518–6304. (5) An estimate of the total number of stated deadline. Melane Conyers-Ausbrooks, respondents and the amount of time Other important dates: Secretary of the Board. estimated for an average respondent to June 25, 2021—Phase 1 Registration [FR Doc. 2021–12047 Filed 6–4–21; 11:15 am] respond/reply: It is estimated that it will Closes for U.S. & Non-Canadian BILLING CODE 7535–01–P take the hoped for 150 respondents International Teams approximately 10 minutes each to July 30, 2021—Submissions Due for all complete this one-time online survey, Teams NATIONAL FOUNDATION ON THE which will ask respondents about their September 2021—Winner(s) Announced ARTS AND THE HUMANITIES knowledge of existing victims’ rights FOR FURTHER INFORMATION CONTACT: To laws as well as to evaluate their register for or get additional information National Endowment for the Arts collaborative relationships. The survey regarding the Deep Space Food will be a mix of multiple-choice, Likert Challenge, please visit: Subject 30-Day Notice for the ‘‘CARES scale and short narrative response www.deepspacefoodchallenge.org. For Act Funding Survey’’ questions. The information gathered general information on NASA AGENCY: National Endowment for the will identify skill and knowledge gaps Centennial Challenges please visit: Arts, National Foundation on the Arts that can be addressed by OVW’s http://www.nasa.gov/challenges. and the Humanities. Improving Criminal Justice Response General questions and comments ACTION: Notice. TTA Program. regarding the program should be (6) An estimate of the total public addressed to Monsi Roman, Centennial SUMMARY: The National Endowment for burden (in hours) associated with the Challenges Program Manager, NASA the Arts (NEA), as part of its continuing collection: The total hour burden of this Marshall Space Flight Center effort to reduce paperwork and one-time data collection is 25 hours Huntsville, AL 35812, Phone (256) 544– respondent burden, conducts a (150 respondents each taking 10 4071, Email address: hq-stmd- preclearance consultation program to minutes each). Respondents will be [email protected]. provide the general public and Federal responding to this information For general information on the Canadian agencies with an opportunity to collection once. Space Agency please visit: https:// comment on proposed and/or If additional information is required www.canada.ca/en/space-agency.html. continuing collections of information in contact: Melody Braswell, Deputy General questions and comments accordance with the Paperwork Clearance Officer, United States regarding the program should be Reduction Act of 1995. This program Department of Justice, Justice addressed to ASC.DefiAEL- helps to ensure that requested data can Management Division, Policy and [email protected]. be provided in the desired format, Planning Staff, Two Constitution SUPPLEMENTARY INFORMATION: reporting burden (time and financial
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resources) is minimized, collection Title: CARES Act Funding Survey. agencies in administering and instruments are clearly understood, and OMB Number: New. implementing relief funding, the the impact of collection requirements on Frequency: One-time web survey. administration emphasized minimal respondents can be properly assessed. Affected Public: State art agency staff burden to expedite implementing Currently, the NEA is soliciting members. funding decisions, which gave agencies comments concerning the proposed Estimated Number of Respondents: leeway in determining appropriate information collection for the CARES 62. transparency and accountability Act Funding Survey for state arts Total Burden Hours: 279 hours (62 mechanisms. agencies. Copies of this ICR, with responses, average of 4.5 hours). With this guidance, the National Total annualized capital/startup applicable supporting documentation, Endowment for the Arts determined that costs: 0. there would be no additional reporting may be obtained by visiting Total annual costs (operating/ www.Reginfo.gov requirements associated with these maintaining systems or purchasing emergency funds in order to minimize DATES: Written comments must be services): $45,000 (one-time costs). burdens of during the pandemic. CARES submitted to the office listed in the The planned data collection is a new funds were administered to state arts address section below within 30 days information collection request, and the agencies and regional art organizations from the date of this publication in the data to be collected are not available via amendments to FY 2019 partnership Federal Register. elsewhere unless obtained through this agreements, which are reported to the ADDRESSES: Written comments and information collection. A web-based Arts Endowment annually in Final recommendations for proposed survey of state arts agencies and Descriptive Reports (OMB Control information collection requests should regional arts organizations is planned to Number 3135–0140). However, Final be sent within 30 days of publication of be administered once during summer Descriptive Reports do not contain data this Notice to www.reginfo.gov/public/ 2021, contingent upon OMB approval. describing jobs and facility or do/PRAMain. Find this particular Knowledge gained through this infrastructure investments, which were information collection request by information collection will enable the the primary purpose of CARES Act selecting ‘‘National Endowment for the Arts Endowment to collect information dollars to state arts agencies. In an effort Arts’’ under ‘‘Currently Under Review;’’ on emergency relief funding provided to understand the benefits and outcomes then check ‘‘Only Show ICR for Public by the Coronavirus Aid, Relief, and of emergency relief funds going to the Comment’’ checkbox. Once you have Economic Security Act (CARES Act) to 56 states and jurisdictions, and six found this information collection state-level and regional subgrantees regions, the Arts Endowment partnered request, select ‘‘Comment,’’ and enter or from the Arts Endowment. Currently, with NASAA to survey state arts upload your comment and information. the Arts Endowment does not collect agencies and regional arts organizations Alternatively, comments can be sent to any information from state arts agencies to collect data on the how subgrantees the Office of Information and Regulatory or regional arts organizations related to used CARES Act funding. Affairs, Attn: OMB Desk Officer for the the benefits of the CARES Act funding The NEA intends to examine the National Endowment for the Arts, Office awarded to states and regions. outcomes of CARES Act funding on of Management and Budget, Room The National Endowment for the Arts subgrantees of state arts agencies and 10235, Washington, DC 20503, or call is compelled by Congress to obligate 40 regional arts organizations to (202) 395–7316, within 30 days from the percent of its program budget to state understand how these funds were used date of this publication in the Federal arts agencies and regional arts to support arts organizations and benefit Register. organizations through Partnership the public. SUPPLEMENTARY INFORMATION: The NEA Agreements (20 U.S.C. 954(g)). In turn, The Arts Endowment’s Office of is particularly interested in comments state arts agencies and regional arts Research & Analysis decided to survey which: organizations use these funds to support state arts agencies and regional arts • Evaluate whether the proposed state and regional grantmaking and organizations because it would fill a gap collection of information is necessary other programming, ‘‘developing in knowledge of the 40 percent of for the proper performance of the projects and productions in the arts in CARES Act funding allocated to states functions of the agency, including such a manner as will furnish adequate and regions. The questions in the survey whether the information will have programs, facilities, and services in the will capture the jobs subgrantees were practical utility; arts to all the people and communities able to maintain or create, and the • Evaluate the accuracy of the in each of the several States.’’ (20 U.S.C. amount invested in infrastructure, as a agency’s estimate of the burden of the 954. (g)(1)). For regular Partnership result of CARES Act emergency relief. proposed collection of information Agreements, states, jurisdictions and The survey will also provide an including the validity of the regions are required to report subgrantee opportunity to share any additional methodology and assumptions used; data to the National Endowment for the qualitative or quantitative subgrantee • Enhance the quality, utility, and Arts. data related to CARES Act funding that clarity of the information to be As part of the stimulus package state arts agencies have collected. collected; and passed by Congress in April 2020, the NASAA will report the survey data to • Minimize the burden of the CARES Act appropriated $75 million to the public in the aggregate and the Arts collection of information on those who the Arts Endowment for emergency Endowment will include an analysis of are to respond, including through the relief. 40 percent of these funds were subgrantee data along with direct use of appropriate automated, directed to state arts agencies and grantee data to understand and track electronic, mechanical, or other regional arts organizations to be outcomes on CARES Act funding. The technological collection techniques or distributed for emergency grantmaking. primary indicators will be the number other forms of information technology, After the National Assembly of State of jobs created or maintained by e.g., permitting electronic submissions Arts Agencies (NASAA) conducted a grantees and subgrantees (full time and of responses. listening session on June 24, 2020 with part time), and the facilities/ Agency: National Endowment for the executive directors of state arts agencies, infrastructure supported with CARES Arts. based on OMB guidance to federal Act dollars.
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This request is for a full clearance to functions of the agency, including Dated: June 4, 2021. conduct a web survey. whether the information will have Candi R. Bing, Dated: June 2, 2021. practical utility; Federal Register Liaison Officer. • Meghan Jugder, Evaluate the accuracy of the [FR Doc. 2021–12111 Filed 6–4–21; 4:15 pm] Support Services Specialist, Office of agency’s estimate of the burden of the BILLING CODE 7533–01–P Administrative Services & Contracts National proposed collection of information Endowment for the Arts. including the validity of the [FR Doc. 2021–11901 Filed 6–7–21; 8:45 am] methodology and assumptions used; NUCLEAR REGULATORY • BILLING CODE 7537–01–P Enhance the quality, utility, and COMMISSION clarity of the information to be collected; and [EA–20–084; NRC–2021–0115] • Minimize the burden of the NATIONAL FOUNDATION ON THE In the Matter of CampCo Incorporated ARTS AND THE HUMANITIES collection of information on those who are to respond, including through the AGENCY: Nuclear Regulatory National Endowment for the Arts use of appropriate automated, Commission. electronic, mechanical, or other ACTION: Order; issuance. Subject 60-Day Notice for the ‘‘Grant technological collection techniques or Applicant Research and Evaluation other forms of information technology, SUMMARY: The U.S. Nuclear Regulatory Ethics Review’’ e.g., permitting electronic submissions Commission (NRC) is issuing an Order AGENCY: National Endowment for the of responses. to CampCo, Inc., imposing a civil Arts, National Foundation on the Arts Dated: June 2, 2021. penalty of $75,000. On February 11, 2021, the NRC issued a Notice of and the Humanities. Meghan Jugder, ACTION: Notice. Violation and Proposed Imposition of Support Services Specialist, Office of Civil Penalty—$75,000 to CampCo, Inc., Administrative Services & Contracts, National SUMMARY: The National Endowment for Endowment for the Arts. for failing to comply with regulatory the Arts (NEA), as part of its continuing requirements regarding the import and effort to reduce paperwork and [FR Doc. 2021–11895 Filed 6–7–21; 8:45 am] distribution of watches containing respondent burden, conducts a BILLING CODE 7537–01–P radioactive material. preclearance consultation program to DATES: The Order imposing civil provide the general public and Federal monetary penalty of $75,000 was issued agencies with an opportunity to NATIONAL TRANSPORTATION on June 3, 2021. comment on proposed and/or SAFETY BOARD ADDRESSES: Please refer to Docket ID continuing collections of information in NRC–2021–0115 when contacting the accordance with the Paperwork Sunshine Act Meeting NRC about the availability of Reduction Act of 1995. This program information regarding this document. helps to ensure that requested data can TIME AND DATE: 9:30am, Tuesday, June You may obtain publicly available be provided in the desired format, 29, 2021. information related to this document reporting burden (time and financial PLACE: Virtual. using any of the following methods: resources) is minimized, collection • Federal Rulemaking Website: Go to instruments are clearly understood, and STATUS: The one item may be viewed by the public through webcast only. https://www.regulations.gov and search the impact of collection requirements on for Docket ID NRC–2021–0115. Address MATTERS TO BE CONSIDERED: respondents can be properly assessed. questions about Docket IDs in Currently, the NEA is soliciting 67259 Marine Accident Report— Regulations.gov to Stacy Schumann; comments concerning the proposed Capsizing and Sinking of the telephone: 301–415–0624; email: information collection regarding Commercial Fishing Vessel Scandies [email protected]. For technical research and evaluation ethics for grant Rose, Sutwik Island, Alaska, questions, contact the individual listed December 31, 2019. applicants to the NEA for external in the FOR FURTHER INFORMATION funding programs other than research CONTACT PERSON FOR MORE INFORMATION: CONTACT section of this document. programs and who propose research and Candi Bing at (202) 590–8384 or by • NRC’s Agencywide Documents evaluation activities in their project. A email at [email protected]. Access and Management System copy of the current information Media Information Contact: Eric (ADAMS): You may obtain publicly collection request can be obtained by Weiss by email at [email protected] or available documents online in the contacting the office listed below in the at (202) 314–6100. ADAMS Public Document collection at address section of this notice. This meeting will take place virtually. https://www.nrc.gov/reading-rm/ DATES: Written comments must be The public may view it through a live adams.html. To begin the search, select submitted to the office listed in the or archived webcast by accessing a link ‘‘Begin Web-based ADAMS Search.’’ For address section below within 60 days under ‘‘Webcast of Events’’ on the NTSB problems with ADAMS, contact the from the date of this publication in the home page at www.ntsb.gov. NRC’s Public Document Room (PDR) Federal Register. There may be changes to this event reference staff at 1–800–397–4209, 301– ADDRESSES: Send comments to Sunil due to the evolving situation concerning 415–4737, or by email to pdr.resource@ Iyengar, National Endowment for the the novel coronavirus (COVID–19). nrc.gov. The Order imposing civil Arts, via email ([email protected]). Schedule updates, including weather- monetary penalty is available in SUPPLEMENTARY INFORMATION: The NEA related cancellations, are also available ADAMS under Accession No. is particularly interested in comments at www.ntsb.gov. ML21139A318. which: The National Transportation Safety • Attention: The PDR, where you may • Evaluate whether the proposed Board is holding this meeting under the examine and order copies of public collection of information is necessary Government in the Sunshine Act, 5 documents, is currently closed. You for the proper performance of the U.S.C. 552(b). may submit your request to the PDR via
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email at [email protected] or call 1– compliance with NRC requirements. Order within 30 days of the date of the 800–397–4209 or 301–415–4737, The NRC determined that nine Order. Where good cause is shown, between 8:00 a.m. and 4:00 p.m. (EST), violations of NRC requirements consideration will be given to extending Monday through Friday, except Federal occurred, involving multiple failures the time to answer or request a hearing. holidays. (including several repeat failures from A request for extension of time must be FOR FURTHER INFORMATION CONTACT: EA–14–080) to comply with the license directed to the Director, Office of Leelavathi Sreenivas, Office of and regulations, failure to provide Enforcement, U.S. Nuclear Regulatory Enforcement, U.S. Nuclear Regulatory complete and accurate information to Commission, and include a statement of Commission, Washington, DC 20555– the NRC, and failure to comply with the good cause for the extension. 001; telephone: 301–287–9249, email: Confirmatory Order. All documents filed in NRC [email protected]. A written Notice of Violation and adjudicatory proceedings including documents filed by an interested State, SUPPLEMENTARY INFORMATION: The text of Proposed Imposition of Civil Penalty local governmental body, Federally the Order is attached. (Notice) was served upon the Licensee by letter dated February 11, 2021. The recognized Indian Tribe, or designated Dated: June 3, 2021. Notice states the nature of the agency thereof that requests to For the Nuclear Regulatory Commission. violations, the provisions of the NRC’s participate under 10 CFR 2.315(c), must Anton Vegel, requirements that the Licensee violated, be filed in accordance with 10 CFR Acting Director, Office of Enforcement. and the amount of the civil penalty 2.302. The E-Filing process requires proposed for the violations. participants to submit and serve all Attachment—Order Imposing Civil The Licensee responded to the Notice adjudicatory documents over the Monetary Penalty in a letter dated March 8, 2021. In its internet, or in some cases, to mail copies United States of America Nuclear response, the Licensee stated that they on electronic storage media, unless an Regulatory Commission believed the civil penalty was not exemption permitting an alternative filing method, as discussed below, is In the Matter of CAMPCO, INC. LOS consistent with NRC policy and not granted. Detailed guidance on electronic ANGELES, CALIFORNIA justified by the violations that occurred. submissions is located in the Guidance Docket Number: 03036619 III for Electronic Submissions to the NRC License Number: 04–23910–01E EA–20–084 After consideration of the Licensee’s (ADAMS Accession No. ML13031A056) response and the statements of fact, and on the NRC website at https:// Order Imposing Civil Monetary Penalty explanation, and argument for www.nrc.gov/site-help/e- I mitigation contained therein, the NRC submittals.html. staff has, as set forth in the Appendix to To comply with the procedural CampCo, Inc. (Licensee) is the holder this Order, determined that the requirements of E-Filing, at least 10 of Materials License No. 04–23910–01E violations occurred as stated and that days prior to the filing deadline, the issued by the U.S. Nuclear Regulatory the penalty proposed for the violations participant should contact the Office of Commission (NRC or Commission) identified in the Notice should be the Secretary by email at pursuant to Part 30 of Title 10 of the imposed. [email protected], or by telephone Code of Federal Regulations (10 CFR). at 301–415–1677, to (1) request a digital The license was initially issued on IV identification (ID) certificate, which October 12, 2004, and Amendment No.5 In view of the foregoing and pursuant allows the participant (or its counsel or was issued on October 22, 2018. The to Section 234 of the Atomic Energy Act representative) to digitally sign license authorizes distribution of of 1954, as amended (Act), 42 U.S.C. submissions and access the E-Filing watches containing radioactive material 2282, and 10 CFR 2.205, It is hereby system for any proceeding in which it (hydrogen-3, also known as tritium) to ordered that: is participating; and (2) advise the unlicensed persons in accordance with The Licensee pay a civil penalty in Secretary that the participant will be the conditions specified in the license. the amount of $75,000 within 30 days submitting a petition or other The Licensee facility is currently of the date of this Order, in accordance adjudicatory document (even in located in Los Angeles, California. with NUREG/BR–0254, ‘‘Payment instances in which the participant, or its Methods.’’ (https://www.nrc.gov/ counsel or representative, already holds II reading-rm/doc-collections/nuregs/ an NRC-issued digital ID certificate). U.S. Nuclear Regulatory brochures/br0254/index.html). In Based upon this information, the Commission’s (NRC’s) Office of addition, at the time payment is made, Secretary will establish an electronic Investigations initiated an investigation the Licensee shall submit a statement docket for the proceeding if the on June 20, 2017, and the NRC staff indicating when and by what method Secretary has not already established an initiated an inspection at the Licensee’s payment was made to the Director, electronic docket. facility in Los Angeles, California, on Office of Enforcement, U.S. Nuclear Information about applying for a May 11, 2017, with subsequent records Regulatory Commission, One White digital ID certificate is available on the review, conducted from May 11, 2017, Flint North, 11555 Rockville Pike, NRC’s public website at https:// to September 3, 2020. The purpose of Rockville, MD 20852–2738. www.nrc.gov/site-help/e-submittals/ the investigation and inspection was to getting-started.html. After a digital ID examine activities conducted under the V certificate is obtained and a docket license and to verify the Licensee’s In accordance with 10 CFR 2.202, created, the participant must submit compliance with the Confirmatory ‘‘Orders,’’ the Licensee must, and any adjudicatory documents in Portable Order Modifying License, dated June 20, other person adversely affected by this Document Format. Guidance on 2016, issued under previous Order may, submit an answer to this submissions is available on the NRC’s Enforcement Action EA–14–080. Order within 30 days of the date of the public website at https://www.nrc.gov/ The results of the investigation and Order. In addition, the Licensee and any site-help/electronic-sub-ref-mat.html. A inspection indicated that the Licensee other person adversely affected by this filing is considered complete at the time had not conducted its activities in full Order may request a hearing on this the document is submitted through the
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NRC’s E-Filing system. To be timely, an available documents in a particular OFFICE OF PERSONNEL electronic filing must be submitted to hearing docket. Participants are MANAGEMENT the E-Filing system no later than 11:59 requested not to include personal p.m. Eastern Time on the due date. privacy information such as social Submission for Review: Financial Upon receipt of a transmission, the E- security numbers, home addresses, or Resources Questionnaire (RI 34–1, RI Filing system time-stamps the document personal phone numbers in their filings 34–17, and RI 34–18) and Notice of and sends the submitter an email unless an NRC regulation or other law Amount Due Because of Annuity confirming receipt of the document. The requires submission of such Overpayment (RI 34–3, RI 34–19, and RI 34–20) E-Filing system also distributes an email information. With respect to that provides access to the document to copyrighted works, except for limited the NRC’s Office of the General Counsel AGENCY: Office of Personnel excerpts that serve the purpose of the and any others who have advised the Management. Office of the Secretary that they wish to adjudicatory filings and would ACTION: 60-Day notice and request for participate in the proceeding, so that the constitute a Fair Use application, comments. filer need not serve the document on participants should not include those participants separately. Therefore, copyrighted materials in their SUMMARY: Retirement Services, Office of applicants and other participants (or submission. Personnel Management (OPM) offers the their counsel or representative) must If a person other than CampCo, Inc. general public and other federal apply for and receive a digital ID requests a hearing, that person shall set agencies the opportunity to comment on certificate before adjudicatory forth with particularity the manner in an expiring information collection (ICR) with minor edits, Financial Resources documents are filed to obtain access to which his interest is adversely affected Questionnaire (RI 34–1, RI 34–17, and the documents via the E-Filing system. by this Order and shall address the RI 34–18) and Notice of Amount Due A person filing electronically using criteria set forth in 10 CFR 2.309(d) and the NRC’s adjudicatory E-Filing system Because Of Annuity Overpayment (RI (f). may seek assistance by contacting the 34–3, RI 34–19, and RI 34–20). This ICR NRC’s Electronic Filing Help Desk If a hearing is requested by a licensee has been revised in the following through the ‘‘Contact Us’’ link located or a person whose interest is adversely manner: The display of the OMB control on the NRC’s public website at https:// affected, the Commission will issue an number and an updated edition date. www.nrc.gov/site-help/e- Order designating the time and place of DATES: Comments are encouraged and submittals.html, by email to any hearings. If a hearing is held, the will be accepted until August 9, 2021. [email protected], or by a toll- issue to be considered at such hearing ADDRESSES: You may submit comments, free call at 1–866–672–7640. The NRC shall be whether this Order should be identified by docket number and/or Electronic Filing Help Desk is available sustained. Pursuant to 10 CFR Regulatory Information Number (RIN) between 9 a.m. and 6 p.m., Eastern 2.202(c)(2)(i), CampCo, Inc. or any other and title, by the following method: Time, Monday through Friday, person adversely affected by this Order, excluding government holidays. —Federal Rulemaking Portal: http:// may, in addition to demanding a www.regulations.gov. Follow the Participants who believe that they hearing, at the time the answer is filed have good cause for not submitting instructions for submitting comments. or sooner, move the presiding officer on documents electronically must file an All submissions received must include the ground that the Order is not based exemption request, in accordance with the agency name and docket number or on adequate evidence but on mere 10 CFR 2.302(g), with their initial paper RIN for this document. The general filing stating why there is good cause for suspicion, unfounded allegations, or policy for comments and other not filing electronically and requesting error. In the absence of any request for submissions from members of the public authorization to continue to submit hearing, or written approval of an is to make these submissions available documents in paper format. Such filings extension of time in which to request a for public viewing at http:// must be submitted in accordance with hearing, the provisions specified in www.regulations.gov as they are 10 CFR 2.302(b)-(d). Participants filing Section IV above shall be final 30 days received without change, including any adjudicatory documents in this manner from the date this Order is published in personal identifiers or contact are responsible for serving their the Federal Register without further information. documents on all other participants. order or proceedings. If an extension of FOR FURTHER INFORMATION CONTACT: A Participants granted an exemption time for requesting a hearing has been copy of this ICR with applicable under 10 CFR 2.302(g)(2) must still meet approved, the provisions specified in the electronic formatting requirement in supporting documentation, may be Section IV shall be final when the obtained by contacting the Retirement 10 CFR 2.302(g)(1), unless the extension expires if a hearing request participant also seeks and is granted an Services Publications Team, Office of has not been received. If payment has Personnel Management, 1900 E Street exemption from 10 CFR 2.302(g)(1). not been made by the time specified Documents submitted in adjudicatory NW, Room 3316–L, Washington, DC above, the matter may be referred to the proceedings will appear in the NRC’s 20415, Attention: Cyrus S. Benson, or Attorney General, for collection. electronic hearing docket, which is sent via electronic mail to publicly available at https:// Dated this 3rd day of June 2021. [email protected] or faxed to adams.nrc.gov/ehd, unless excluded For the Nuclear Regulatory Commission (202) 606–0910 or via telephone at (202) 606–4808. pursuant to an order of the presiding Anton Vegel, officer. If you do not have an NRC- SUPPLEMENTARY INFORMATION: As Acting Director, Office of Enforcement. issued digital ID certificate as described required by the Paperwork Reduction above, click ‘‘cancel’’ when the link [FR Doc. 2021–12009 Filed 6–7–21; 8:45 am] Act of 1995 (Pub. L. 104–13, 44 U.S.C. requests certificates and you will be BILLING CODE 7590–01–P chapter 35) as amended by the Clinger- automatically directed to the NRC’s Cohen Act (Pub. L. 104–106), OPM is electronic hearing dockets where you soliciting comments for this collection will be able to access any publicly (OMB No. 3206–0167). The Office of
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Management and Budget is particularly POSTAL REGULATORY COMMISSION can be accessed through compliance interested in comments that: with the requirements of 39 CFR [Docket Nos. CP2020–83; MC2021–95 and 1. Evaluate whether the proposed 1 CP2021–98; MC2021–96 and CP2021–99; 3011.301. collection of information is necessary MC2021–97 and CP2021–100] The Commission invites comments on for the proper performance of functions whether the Postal Service’s request(s) of the agency, including whether the New Postal Products information will have practical utility; in the captioned docket(s) are consistent 2. Evaluate the accuracy of the AGENCY: Postal Regulatory Commission. with the policies of title 39. For agency’s estimate of the burden of the ACTION: Notice. request(s) that the Postal Service states proposed collection of information, concern market dominant product(s), including the validity of the SUMMARY: The Commission is noticing a applicable statutory and regulatory methodology and assumptions used; recent Postal Service filing for the requirements include 39 U.S.C. 3622, 39 3. Enhance the quality, utility, and Commission’s consideration concerning U.S.C. 3642, 39 CFR part 3030, and 39 clarity of the information to be a negotiated service agreement. This CFR part 3040, subpart B. For request(s) collected; and notice informs the public of the filing, that the Postal Service states concern 4. Minimize the burden of the invites public comment, and takes other competitive product(s), applicable collection of information on those who administrative steps. statutory and regulatory requirements are to respond, including through the DATES: Comments are due: June 10, include 39 U.S.C. 3632, 39 U.S.C. 3633, use of appropriate automated, 2021. 39 U.S.C. 3642, 39 CFR part 3035, and electronic, mechanical, or other ADDRESSES: 39 CFR part 3040, subpart B. Comment technological collection techniques or Submit comments deadline(s) for each request appear in other forms of information technology, electronically via the Commission’s e.g., permitting electronic submissions Filing Online system at http:// section II. www.prc.gov. Those who cannot submit of responses. II. Docketed Proceeding(s) RI 34–1 (Financial Resources comments electronically should contact Questionnaire), RI 34–17 (Financial the person identified in the FOR FURTHER 1. Docket No(s).: CP2020–83; Filing Resources Questionnaire—Federal INFORMATION CONTACT section by Title: USPS Notice of Amendment to Employees’ Group Life Insurance telephone for advice on filing Parcel Select Contract 37, Filed Under Premiums Underpaid), and RI 34–18 alternatives. Seal; Filing Acceptance Date: June 2, (Financial Resources Questionnaire— FOR FURTHER INFORMATION CONTACT: 2021; Filing Authority: 39 CFR Federal Employees Health Benefits David A. Trissell, General Counsel, at 3035.105; Public Representative: Premiums Underpaid), collects detailed 202–789–6820. Kenneth R. Moeller; Comments Due: financial information for use by OPM to SUPPLEMENTARY INFORMATION: June 10, 2021. determine whether to agree to a waiver, compromise, or adjustment of the Table of Contents 2. Docket No(s).: MC2021–95 and CP2021–98; Filing Title: USPS Request collection of erroneous payments from I. Introduction the Civil Service Retirement and II. Docketed Proceeding(s) to Add Priority Mail Contract 703 to Disability Fund. RI 34–3 (Notice of Competitive Product List and Notice of Amount Due Because Of Annuity I. Introduction Filing Materials Under Seal; Filing Overpayment), RI 34–19 (Notice of The Commission gives notice that the Acceptance Date: June 2, 2021; Filing Amount Due Because of FEGLI Postal Service filed request(s) for the Authority: 39 CFR 3035.105; Public Premium Underpayment), and RI 34–20 Commission to consider matters related Representative: Kenneth R. Moeller; (Notice of Amount Due Because of to negotiated service agreement(s). The Comments Due: June 10, 2021. FEHB Premium Underpayment), request(s) may propose the addition or 3. Docket No(s).: MC2021–96 and informs the annuitant about the removal of a negotiated service CP2021–99; Filing Title: USPS Request agreement from the market dominant or overpayment and collects information to Add Priority Mail Contract 704 to the competitive product list, or the from the annuitant about how Competitive Product List and Notice of repayment will be made. modification of an existing product Filing Materials Under Seal; Filing currently appearing on the market Analysis dominant or the competitive product Acceptance Date: June 2, 2021; Filing Agency: Retirement Operations, list. Authority: 39 CFR 3035.105; Public Retirement Services, Office of Personnel Section II identifies the docket Representative: Kenneth R. Moeller; Management. number(s) associated with each Postal Comments Due: June 10, 2021. Title: Financial Resources Service request, the title of each Postal 4. Docket No(s).: MC2021–97 and Questionnaire/Notice of Debt Due Service request, the request’s acceptance CP2021–100; Filing Title: USPS Request Because of Annuity Overpayment. date, and the authority cited by the to Add Priority Mail & First-Class OMB Number: 3206–0167. Postal Service for each request. For each Package Service Contract 194 to Frequency: On occasion. request, the Commission appoints an Affected Public: Individuals or Competitive Product List and Notice of officer of the Commission to represent Filing Materials Under Seal; Filing Households. the interests of the general public in the Number of Respondents: 2,081. Acceptance Date: June 2, 2021; Filing Estimated Time per Respondent: 60 proceeding, pursuant to 39 U.S.C. 505 Authority: 39 CFR 3035.105; Public minutes. (Public Representative). Section II also Representative: Kenneth R. Moeller; Total Burden Hours: 2,081 hours. establishes comment deadline(s) Comments Due: June 10, 2021. pertaining to each request. Office of Personnel Management. The public portions of the Postal Alexys Stanley, Service’s request(s) can be accessed via 1 See Docket No. RM2018–3, Order Adopting Regulatory Affairs Analyst. the Commission’s website (http:// Final Rules Relating to Non-Public Information, [FR Doc. 2021–11970 Filed 6–7–21; 8:45 am] www.prc.gov). Non-public portions of June 27, 2018, Attachment A at 19–22 (Order No. BILLING CODE 6325–38–P the Postal Service’s request(s), if any, 4679).
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This Notice will be published in the the Commission by 5:30 p.m. on June 2. Applicants also request an order Federal Register. 28, 2021, and should be accompanied exempting the Sub-Advised Funds (as by proof of service on the Applicants, in defined below) from the Disclosure Erica A. Barker, the form of an affidavit, or, for lawyers, Requirements, which require each Fund Secretary. a certificate of service. Pursuant to Rule to disclose fees paid to a Sub-Adviser. [FR Doc. 2021–11984 Filed 6–7–21; 8:45 am] 0–5 under the Act, hearing requests Applicants seek relief to permit each BILLING CODE 7710–FW–P should state the nature of the writer’s Sub-Advised Fund to disclose (as a interest, any facts bearing upon the dollar amount and a percentage of the desirability of a hearing on the matter, Fund’s net assets): (i) The aggregate fees SECURITIES AND EXCHANGE the reason for the request, and the issues paid to the Adviser and any Wholly- COMMISSION contested. Persons who wish to be Owned Sub-Advisers; and (ii) the [Investment Company Act Release No. notified of a hearing may request aggregate fees paid to Affiliated and 34293; 812–15202–01] notification by emailing the Non-Affiliated Sub-Advisers Commission’s Secretary. (‘‘Aggregate Fee Disclosure’’).3 Applicants seek an exemption to permit Listed Funds Trust and Skyrocket ADDRESSES: The Commission: a Sub-Advised Fund to include only the Investments, LLC [email protected]. Applicants: Aggregate Fee Disclosure.4 June 2, 2021. Kent P. Barnes, Listed Funds Trust, by 3. Applicants request that the relief AGENCY: Securities and Exchange email: [email protected]. apply to Applicants, as well as to any Commission (‘‘Commission’’). FOR FURTHER INFORMATION CONTACT: future Fund and any other existing or ACTION: Notice. Christine Y. Greenlees, Senior Counsel, future registered open-end management at (202) 551–6879, or Lisa Reid Ragen, investment company or series thereof Notice of an application under Branch Chief, at (202) 551–6825 that intends to rely on the requested Section 6(c) of the Investment Company (Division of Investment Management, order in the future and that: (i) Is Act of 1940 (‘‘Act’’) for an exemption Chief Counsel’s Office). advised by the Adviser; (ii) uses the from Section 15(a) of the Act, as well as SUPPLEMENTARY INFORMATION: The multi-manager structure described in from certain disclosure requirements in following is a summary of the the application; and (iii) complies with Rule 20a–1 under the Act, Item 19(a)(3) application. The complete application the terms and conditions of the of Form N–1A, Items 22(c)(1)(ii), may be obtained via the Commission’s application (each, a ‘‘Sub-Advised 5 22(c)(1)(iii), 22(c)(8) and 22(c)(9) of website by searching for the file number Fund’’). Schedule 14A under the Securities or an Applicant using the ‘‘Company’’ Exchange Act of 1934 (‘‘1934 Act’’), and II. Management of the Sub-Advised name box, at http://www.sec.gov/ Funds Sections 6–07(2)(a), (b), and (c) of search/search.htm or by calling (202) 4. The Adviser serves or will serve as Regulation S–X (‘‘Disclosure 551–8090. Requirements’’). the investment adviser to each Sub- APPLICANTS: Listed Funds Trust I. Requested Exemptive Relief Advised Fund pursuant to an (‘‘Trust’’), a Delaware statutory trust investment advisory agreement with the 1. Applicants request an order to Fund (each an ‘‘Investment Advisory registered under the Act as an open-end permit the Adviser,1 subject to the management investment company with Agreement’’). Each Investment Advisory approval of the board of trustees of the Agreement has been or will be approved multiple series (each a ‘‘Fund’’) and Trust (collectively, the ‘‘Board’’),2 Skyrocket Investments, LLC (‘‘Initial by the Board, including a majority of the including a majority of the trustees who Independent Trustees, and by the Adviser’’), a Delaware limited liability are not ‘‘interested persons’’ of the Trust company registered as an investment or the Adviser, as defined in Section 3 A ‘‘Wholly-Owned Sub-Adviser’’ is any adviser under the Investment Advisers 2(a)(19) of the Act (the ‘‘Independent investment adviser that is (1) an indirect or direct Act of 1940 (‘‘Advisers Act’’) that serves Trustees’’), without obtaining ‘‘wholly-owned subsidiary’’ (as such term is an investment adviser to the Funds shareholder approval, to: (i) Select defined in Section 2(a)(43) of the Act) of the (collectively with the Trust, the Adviser, (2) a ‘‘sister company’’ of the Adviser that investment sub-advisers (‘‘Sub- is an indirect or direct ‘‘wholly-owned subsidiary’’ ‘‘Applicants’’). Advisers’’) for all or a portion of the of the same company that indirectly or directly SUMMARY OF APPLICATION: The requested assets of one or more of the Funds wholly owns the Adviser (the Adviser’s ‘‘parent exemption would permit Applicants to pursuant to an investment sub-advisory company’’), or (3) a parent company of the Adviser. An ‘‘Affiliated Sub-Adviser’’ is any investment sub- enter into and materially amend sub- agreement with each Sub-Adviser (each adviser that is not a Wholly-Owned Sub-Adviser, advisory agreements with sub-advisers a ‘‘Sub-Advisory Agreement’’); and (ii) but is an ‘‘affiliated person’’ (as defined in Section without shareholder approval and materially amend Sub-Advisory 2(a)(3) of the Act) of a Sub-Advised Fund or the would grant relief from the Disclosure Adviser for reasons other than serving as Agreements with the Sub-Advisers. investment sub-adviser to one or more Funds. A Requirements as they relate to fees paid ‘‘Non-Affiliated Sub-Adviser’’ is any investment to the sub-advisers. 1 The term ‘‘Adviser’’ means (i) the Initial adviser that is not an ‘‘affiliated person’’ (as defined DATES: The application was filed on Adviser, (ii) its successors, and (iii) any entity in the Act) of a Fund or the Adviser, except to the February 17, 2021 and amended on May controlling, controlled by or under common control extent that an affiliation arises solely because the with, the Initial Adviser or its successors that serves Sub-Adviser serves as a sub-adviser to one or more 14, 2021. as the primary adviser to a Sub-Advised Fund. For Funds. HEARING OR NOTIFICATION OF HEARING: An the purposes of the requested order, ‘‘successor’’ is 4 Applicants note that all other items required by order granting the requested relief will limited to an entity or entities that result from a Sections 6–07(2)(a), (b) and (c) of Regulation S–X reorganization into another jurisdiction or a change will be disclosed. be issued unless the Commission orders in the type of business organization. Any other 5 All registered open-end investment companies a hearing. Interested persons may Adviser also will be registered with the that currently intend to rely on the requested order request a hearing by emailing the Commission as an investment adviser under the are named as Applicants. All Funds that currently Commission’s Secretary at Secretarys- Advisers Act. are, or that currently intend to be, Sub-Advised 2 The term ‘‘Board’’ also includes the board of Funds are identified in this application. Any entity [email protected] and serving Applicants trustees or directors of a future Sub-Advised Fund that relies on the requested order will do so only with a copy of the request by email. (as defined below), if different from the board of in accordance with the terms and conditions Hearing requests should be received by trustees (‘‘Trustees’’) of the Trust. contained in the application.
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shareholders of the relevant Sub- 6. The Sub-Advisory Agreements will company or with an investment adviser Advised Fund in the manner required be approved by the Board, including a of such registered company, has been by Sections 15(a) and 15(c) of the Act. majority of the Independent Trustees, in approved by the vote of a majority of the The terms of these Investment Advisory accordance with Sections 15(a) and outstanding voting securities of such Agreements comply or will comply with 15(c) of the Act. In addition, the terms registered company.’’ Section 15(a) of the Act. Applicants are of each Sub-Advisory Agreement will 9. Form N–1A is the registration not seeking an exemption from the Act comply fully with the requirements of with respect to the Investment Advisory Section 15(a) of the Act. The Adviser statement used by open-end investment Agreements. Pursuant to the terms of may compensate the Sub-Advisers or companies. Item 19(a)(3) of Form N–1A each Investment Advisory Agreement, the Sub-Advised Funds may pay requires a registered investment the Adviser, subject to the oversight of advisory fees to the Sub-Advisers company to disclose in its statement of the Board, will provide continuous directly. additional information the method of investment management for each Sub- 7. Sub-Advised Funds will inform computing the ‘‘advisory fee payable’’ Advised Fund. For its services to each shareholders of the hiring of a new Sub- by the investment company with respect Sub-Advised Fund, the Adviser receives Adviser pursuant to the following to each investment adviser, including or will receive an investment advisory procedures (‘‘Modified Notice and the total dollar amounts that the fee from that Fund as specified in the Access Procedures’’): (a) Within 90 days investment company ‘‘paid to the applicable Investment Advisory after a new Sub-Adviser is hired for any adviser (aggregated with amounts paid Agreement. Sub-Advised Fund, that Fund will send to affiliated advisers, if any), and any 5. Consistent with the terms of each its shareholders either a Multi-Manager advisers who are not affiliated persons Investment Advisory Agreement, the Notice or a Multi-Manager Notice and of the adviser, under the investment Adviser may, subject to the approval of Multi-Manager Information Statement; 9 advisory contract for the last three fiscal the Board, including a majority of the and (b) the Sub-Advised Fund will years.’’ Independent Trustees, and the make the Multi-Manager Information 10. Rule 20a–1 under the Act requires shareholders of the applicable Sub- Statement available on the website proxies solicited with respect to a Advised Fund (if required by applicable identified in the Multi-Manager Notice law), delegate portfolio management no later than when the Multi-Manager registered investment company to responsibilities of all or a portion of the Notice (or Multi-Manager Notice and comply with Schedule 14A under the assets of a Sub-Advised Fund to a Sub- Multi-Manager Information Statement) 1934 Act. Items 22(c)(1)(ii), 22(c)(1)(iii), Adviser. The Adviser will retain overall is first sent to shareholders, and will 22(c)(8) and 22(c)(9) of Schedule 14A, responsibility for the management and maintain it on that website for at least taken together, require a proxy investment of the assets of each Sub- 90 days.10 statement for a shareholder meeting at Advised Fund. This responsibility which the advisory contract will be includes recommending the removal or III. Applicable Law voted upon to include the ‘‘rate of replacement of Sub-Advisers, allocating 8. Section 15(a) of the Act states, in compensation of the investment the portion of that Sub-Advised Fund’s part, that it is unlawful for any person adviser,’’ the ‘‘aggregate amount of the assets to any given Sub-Adviser and to act as an investment adviser to a investment adviser’s fee,’’ a description reallocating those assets as necessary registered investment company ‘‘except of the ‘‘terms of the contract to be acted from time to time.6 The Sub-Advisers pursuant to a written contract, which upon,’’ and, if a change in the advisory will be ‘‘investment advisers’’ to the contract, whether with such registered fee is proposed, the existing and Sub-Advised Funds within the meaning proposed fees and the difference of Section 2(a)(20) of the Act and will Fund’s portfolio or a portion thereof, and place between the two fees. provide investment management orders with brokers or dealers that it selects. services to the Funds subject to, without 9 A ‘‘Multi-Manager Notice’’ will be modeled on 11. Regulation S–X sets forth the a Notice of internet Availability as defined in Rule requirements for financial statements limitation, the requirements of Sections 14a–16 under the 1934 Act, and specifically will, 7 required to be included as part of a 15(c) and 36(b) of the Act. The Sub- among other things: (a) Summarize the relevant Advisers, subject to the oversight of the information regarding the new Sub-Adviser (except registered investment company’s Adviser and the Board, will determine as modified to permit Aggregate Fee Disclosure); (b) registration statement and shareholder inform shareholders that the Multi-Manager reports filed with the Commission. the securities and other investments to Information Statement is available on a website; (c) be purchased, sold or entered into by a provide the website address; (d) state the time Sections 6–07(2)(a), (b), and (c) of Sub-Advised Fund’s portfolio or a period during which the Multi-Manager Regulation S–X require a registered portion thereof, and will place orders Information Statement will remain available on that investment company to include in its 8 website; (e) provide instructions for accessing and financial statements information about with brokers or dealers that they select. printing the Multi-Manager Information Statement; and (f) instruct the shareholder that a paper or investment advisory fees. 6 Applicants represent that if the name of any email copy of the Multi-Manager Information 12. Section 6(c) of the Act provides Sub-Advised Fund contains the name of a sub- Statement may be obtained, without charge, by adviser, the name of the Adviser that serves as the contacting the Sub-Advised Fund. A ‘‘Multi- that the Commission may exempt any primary adviser to the Fund, or a trademark or trade Manager Information Statement’’ will meet the person, security, or transaction or any name that is owned by or publicly used to identify requirements of Regulation 14C, Schedule 14C and class or classes of persons, securities, or the Adviser, will precede the name of the sub- Item 22 of Schedule 14A under the 1934 Act for an adviser. information statement, except as modified by the transactions from any provisions of the 7 The Sub-Advisers will be registered with the requested order to permit Aggregate Fee Disclosure. Act, or any rule thereunder, if such Commission as an investment adviser under the Multi-Manager Information Statements will be filed exemption is necessary or appropriate Advisers Act or not subject to such registration. with the Commission via the EDGAR system. in the public interest and consistent 8 A ‘‘Sub-Adviser’’ also includes an investment 10 In addition, Applicants represent that sub-adviser that will provide the Adviser with a whenever a new Sub-Adviser is retained, an with the protection of investors and the model portfolio reflecting a specific strategy, style existing Sub-Adviser is terminated, or a Sub- purposes fairly intended by the policy or focus with respect to the investment of all or a Advisory Agreement is materially amended, the and provisions of the Act. Applicants portion of a Sub-Advised Fund’s assets. The Sub-Advised Fund’s prospectus and statement of state that the requested relief meets this Adviser may use the model portfolio to determine additional information will be supplemented the securities and other instruments to be promptly pursuant to Rule 497(e) under the standard for the reasons discussed purchased, sold or entered into by a Sub-Advised Securities Act of 1933. below.
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IV. Arguments in Support of the reasons for requiring disclosure of information to monitor and address Requested Relief individual fees paid to Sub-Advisers are conflicts. 13. Applicants assert that, from the to inform shareholders of expenses to be 18. With respect to the relief permitting Aggregate Fee Disclosure, perspective of the shareholder, the role charged by a particular Sub-Advised Applicants assert that it is appropriate of the Sub-Advisers is substantially Fund and to enable shareholders to to disclose only aggregate fees paid to equivalent to the limited role of the compare the fees to those of other Affiliated Sub-Advisers for the same individual portfolio managers employed comparable investment companies. reasons that similar relief has been by an investment adviser to a traditional Applicants believe that the requested granted previously with respect to investment company. Applicants also relief satisfies these objectives because Wholly-Owned and Non-Affiliated Sub- assert that the shareholders expect the the Sub-Advised Fund’s overall advisory fee will be fully disclosed and, Advisers. Adviser, subject to review and approval therefore, shareholders will know what of the Board, to select a Sub-Adviser VI. Applicants’ Conditions the Sub-Advised Fund’s fees and who is in the best position to achieve expenses are and will be able to Applicants agree that any order the Sub-Advised Fund’s investment compare the advisory fees a Sub- granting the requested relief will be objective. Applicants believe that Advised Fund is charged to those of subject to the following conditions: permitting the Adviser to perform the other investment companies. In 1. Before a Sub-Advised Fund may duties for which the shareholders of the addition, Applicants assert that the rely on the order requested in the Sub-Advised Fund are paying the requested relief would benefit application, the operation of the Sub- Adviser—the selection, oversight and shareholders of the Sub-Advised Fund Advised Fund in the manner described evaluation of the Sub-Adviser—without because it would improve the Adviser’s in the application will be, or has been, incurring unnecessary delays or ability to negotiate the fees paid to Sub- approved by a majority of the Sub- expenses of convening special meetings Advisers. In particular, Applicants state Advised Fund’s outstanding voting of shareholders is appropriate and in the that if the Adviser is not required to securities as defined in the Act, or, in interest of the Fund’s shareholders, and disclose the Sub-Advisers’ fees to the the case of a Sub-Advised Fund whose will allow such Fund to operate more public, the Adviser may be able to public shareholders purchase shares on efficiently. Applicants state that each negotiate rates that are below a Sub- the basis of a prospectus containing the Investment Advisory Agreement will Adviser’s ‘‘posted’’ amounts as the rate disclosure contemplated by condition 2 continue to be fully subject to Section would not be disclosed to the Sub- below, by the initial shareholder before 15(a) of the Act and approved by the Adviser’s other clients. Applicants such Sub-Advised Fund’s shares are relevant Board, including a majority of assert that the relief will also encourage offered to the public. the Independent Trustees, in the 2. The prospectus for each Sub- Sub-Advisers to negotiate lower sub- manner required by Section 15(a) and Advised Fund will disclose the advisory fees with the Adviser if the 15(c) of the Act. existence, substance and effect of any lower fees are not required to be made 14. Applicants submit that the order granted pursuant to the public. requested relief meets the standards for application. In addition, each Sub- relief under Section 6(c) of the Act. V. Relief for Affiliated Sub-Advisers Advised Fund will hold itself out to the Applicants state that the operation of 17. The Commission has granted the public as employing the multi-manager the Sub-Advised Fund in the manner requested relief with respect to Wholly- structure described in the application. described in the application must be Owned and Non-Affiliated Sub- The prospectus will prominently approved by shareholders of that Fund Advisers through numerous exemptive disclose that the Adviser has the before it may rely on the requested orders. The Commission also has ultimate responsibility, subject to relief. Applicants also state that the extended the requested relief to oversight by the Board, to oversee the proposed conditions to the requested Affiliated Sub-Advisers.11 Applicants Sub-Advisers and recommend their relief are designed to address any state that although the Adviser’s hiring, termination, and replacement. potential conflicts of interest or judgment in recommending a Sub- 3. The Adviser will provide general economic incentives, and provide that Adviser can be affected by certain management services to each Sub- shareholders are informed when new conflicts, they do not warrant denying Advised Fund, including overall Sub-Advisers are hired. the extension of the requested relief to supervisory responsibility for the 15. Applicants contend that, in the Affiliated Sub-Advisers. Specifically, general management and investment of circumstances described in the the Adviser faces those conflicts in the Sub-Advised Fund’s assets, and application, a proxy solicitation to allocating fund assets between itself and subject to review and oversight of the approve the appointment of new Sub- a Sub-Adviser, and across Sub-Advisers, Board, will (i) set the Sub-Advised Advisers provides no more meaningful as it has an interest in considering the Fund’s overall investment strategies, (ii) information to shareholders than the benefit it will receive, directly or evaluate, select, and recommend Sub- proposed Multi-Manager Information indirectly, from the fee the Sub-Advised Advisers for all or a portion of the Sub- Statement. Applicants state that, Fund pays for the management of those Advised Fund’s assets, (iii) allocate and, accordingly, they believe the requested assets. Applicants also state that to the when appropriate, reallocate the Sub- relief is necessary or appropriate in the extent the Adviser has a conflict of Advised Fund’s assets among Sub- public interest, and consistent with the interest with respect to the selection of Advisers, (iv) monitor and evaluate the protection of investors and the purposes an Affiliated Sub-Adviser, the proposed Sub-Advisers’ performance, and (v) fairly intended by the policy and conditions are protective of shareholder implement procedures reasonably provisions of the Act. interests by ensuring the Board’s designed to ensure that Sub-Advisers 16. With respect to the relief independence and providing the Board comply with the Sub-Advised Fund’s permitting Aggregate Fee Disclosure, with the appropriate resources and investment objective, policies and Applicants assert that disclosure of the restrictions. individual fees paid to the Sub-Advisers 11 Carillon Series Trust, et al., Investment Co. Act 4. Sub-Advised Funds will inform does not serve any meaningful purpose. Rel. Nos. 33464 (May 2, 2019) (notice) and 33494 shareholders of the hiring of a new Sub- Applicants contend that the primary (May 29, 2019) (order). Adviser within 90 days after the hiring
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of the new Sub-Adviser pursuant to the minutes, that the Sub-Adviser Change or pursuant to Section 19(b)(3)(A)(iii) of Modified Notice and Access Procedures. continuation after Sub-Adviser Review the Act 3 and Rule 19b–4(f)(6) 5. At all times, at least a majority of is in the best interests of the Sub- thereunder.4 The Commission is the Board will be Independent Trustees, Advised Fund and its shareholders and, publishing this notice to solicit and the selection and nomination of based on the information provided to comments on the proposed rule change new or additional Independent Trustees the Board, does not involve a conflict of from interested persons. will be placed within the discretion of interest from which the Adviser, a Sub- the then-existing Independent Trustees. Adviser, any officer or Trustee of the I. Self-Regulatory Organization’s 6. Independent Legal Counsel, as Sub-Advised Fund, or any officer or Statement of the Terms of Substance of defined in Rule 0–1(a)(6) under the Act, board member of the Adviser derives an the Proposed Rule Change will be engaged to represent the inappropriate advantage. Independent Trustees. The selection of 9. Each Sub-Advised Fund will The Exchange is filing a proposal to such counsel will be within the disclose in its registration statement the delay implementation of the change to discretion of the then-existing Aggregate Fee Disclosure. allow a component of a complex order 5 Independent Trustees. 10. In the event that the Commission that legs into the Simple Order Book 6 to 7. Whenever a Sub-Adviser is hired or adopts a rule under the Act providing execute at a price that is outside the terminated, the Adviser will provide the substantially similar relief to that in the NBBO.7 Board with information showing the order requested in the application, the The text of the proposed rule change requested order will expire on the expected impact on the profitability of is available on the Exchange’s website at effective date of that rule. the Adviser. http://www.miaxoptions.com/rule- 8. The Board must evaluate any 11. Any new Sub-Advisory filings/ at MIAX Options’ principal material conflicts that may be present in Agreement or any amendment to an a sub-advisory arrangement. existing Investment Advisory office, and at the Commission’s Public Specifically, whenever a sub-adviser Agreement or Sub-Advisory Agreement Reference Room. change is proposed for a Sub-Advised that directly or indirectly results in an II. Self-Regulatory Organization’s Fund (‘‘Sub-Adviser Change’’) or the increase in the aggregate advisory fee Statement of the Purpose of, and Board considers an existing Sub- rate payable by the Sub-Advised Fund Statutory Basis for, the Proposed Rule will be submitted to the Sub-Advised Advisory Agreement as part of its Change annual review process (‘‘Sub-Adviser Fund’s shareholders for approval. Review’’): For the Commission, by the Division of In its filing with the Commission, the (a) The Adviser will provide the Investment Management, under delegated Exchange included statements Board, to the extent not already being authority. concerning the purpose of and basis for provided pursuant to Section 15(c) of J. Matthew DeLesDernier, the proposed rule change and discussed the Act, with all relevant information Assistant Secretary. any comments it received on the concerning: [FR Doc. 2021–11917 Filed 6–7–21; 8:45 am] proposed rule change. The text of these (i) Any material interest in the BILLING CODE 8011–01–P statements may be examined at the proposed new Sub-Adviser, in the case places specified in Item IV below. The of a Sub-Adviser Change, or the Sub- Exchange has prepared summaries, set Adviser in the case of a Sub-Adviser SECURITIES AND EXCHANGE forth in sections A, B, and C below, of Review, held directly or indirectly by COMMISSION the Adviser or a parent or sister the most significant aspects of such company of the Adviser, and any [Release No. 34–92090; File No. SR–MIAX– statements. 2021–22] material impact the proposed Sub- Advisory Agreement may have on that Self-Regulatory Organizations; Miami interest; International Securities Exchange, 3 15 U.S.C. 78s(b)(3)(A)(iii). (ii) any arrangement or understanding LLC; Notice of Filing and Immediate 4 17 CFR 240.19b–4(f)(6). in which the Adviser or any parent or Effectiveness of a Proposed Rule 5 A ‘‘complex order’’ is any order involving the sister company of the Adviser is a Change To Delay Implementation of an concurrent purchase and/or sale of two or more participant that (A) may have had a Amendment to Rule 518, Complex different options in the same underlying security material effect on the proposed Sub- Orders, To Permit Legging Through (the ‘‘legs’’ or ‘‘components’’ of the complex order), Adviser Change or Sub-Adviser Review, the Simple Market for the same account, in a ratio that is equal to or or (B) may be materially affected by the greater than one-to-three (.333) and less than or proposed Sub-Adviser Change or Sub- June 2, 2021. equal to three-to-one (3.00) and for the purposes of Adviser Review; Pursuant to Section 19(b)(1) of the executing a particular investment strategy. Mini- (iii) any material interest in a Sub- Securities Exchange Act of 1934 options may only be part of a complex order that includes other mini-options. Only those complex 1 2 Adviser held directly or indirectly by an (‘‘Act’’), and Rule 19b–4 thereunder, orders in the classes designated by the Exchange officer or Trustee of the Sub-Advised notice is hereby given that on May 21, and communicated to Members via Regulatory Fund, or an officer or board member of 2021, Miami International Securities Circular with no more than the applicable number the Adviser (other than through a Exchange, LLC (‘‘MIAX Options’’ or the of legs, as determined by the Exchange on a class- pooled investment vehicle not ‘‘Exchange’’) filed with the Securities by-class basis and communicated to Members via controlled by such person); and and Exchange Commission Regulatory Circular, are eligible for processing. See (iv) any other information that may be (‘‘Commission’’) the proposed rule Exchange Rule 518(a)(5). 6 relevant to the Board in evaluating any change as described in Items I, II, and The ‘‘Simple Order Book’’ is the Exchange’s potential material conflicts of interest in regular electronic book of orders and quotes. See III below, which Items have been Exchange Rule 518(a)(15). the proposed Sub-Adviser Change or prepared by the Exchange. The 7 The term ‘‘NBBO’’ means the national best bid Sub-Adviser Review. Exchange filed the proposed rule change or offer as calculated by the Exchange based on (b) the Board, including a majority of market information received by the Exchange from the Independent Trustees, will make a 1 15 U.S.C. 78s(b)(1). the appropriate Securities Information Processor separate finding, reflected in the Board 2 17 CFR 240.19b–4. (‘‘SIP’’). See Exchange Rule 518(a)(14).
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A. Self-Regulatory Organization’s Exchange additional time to plan and public interest, for the protection of Statement of the Purpose of, and implement the proposed functionality. investors, or otherwise in furtherance of Statutory Basis for, the Proposed Rule the purposes of the Act. If the B. Self-Regulatory Organization’s Change Commission takes such action, the Statement on Burden on Competition Commission shall institute proceedings 1. Purpose The Exchange does not believe that under Section 19(b)(2)(B) 14 of the Act to the proposed rule change will impose On October 22, 2019, the Exchange determine whether the proposed rule any burden on competition that is not filed a proposed rule change to amend change should be approved or necessary or appropriate in furtherance subsection (c)(2)(iii) of Exchange Rule disapproved. of the purposes of the Act. The 518, Complex Orders, to remove the Exchange’s proposal to delay the IV. Solicitation of Comments provision which provides that a implementation of the proposed Interested persons are invited to component of a complex order that legs functionality does not impose an undue submit written data, views, and into the Simple Order Book may not burden on competition. Delaying the arguments concerning the foregoing, execute at a price that is outside the including whether the proposed rule 8 implementation will simply allow the NBBO. The proposed rule change Exchange additional time to properly change is consistent with the Act. indicated that the Exchange would plan and implement the proposed Comments may be submitted by any of announce the implementation date of functionality. the following methods: the proposed rule change by Regulatory The Exchange does not believe that Electronic Comments Circular to be published no later than 90 the proposed rule change will impose • days following the operative date of the any burden on intramarket competition Use the Commission’s internet proposed rule. The implementation date as the delay will apply equally to all comment form (http://www.sec.gov/ will be no later than 90 days following rules/sro.shtml); or Members of the Exchange. • the issuance of the Regulatory Circular. The Exchange does not believe that Send an email to rule-comments@ The Exchange delayed the the proposed rule change will impose sec.gov. Please include File Number SR– implementation of this functionality any burden on intermarket competition MIAX–2021–22 on the subject line. 9 until the second quarter of 2021. The as the proposal is to delay the Paper Comments Exchange now proposes to delay the implementation of approved • Send paper comments in triplicate implementation of this functionality functionality which affects MIAX until the second quarter of 2022. to Secretary, Securities and Exchange Members only and does not impact Commission, 100 F Street NE, The Exchange proposes this delay in intermarket competition. Washington, DC 20549–1090. order to allow the Exchange to complete C. Self-Regulatory Organization’s All submissions should refer to File its reprioritization of its software Statement on Comments on the Number SR–MIAX–2021–22. This file delivery and release schedule as a result Proposed Rule Change Received From number should be included on the of a shift in priorities due to the impact Members, Participants, or Others subject line if email is used. To help the the coronavirus pandemic has had on Commission process and review your Exchange operations. The Exchange will Written comments were neither solicited nor received. comments more efficiently, please use issue a Regulatory Circular notifying only one method. The Commission will market participants at least 45 days III. Date of Effectiveness of the post all comments on the Commission’s prior to implementing this functionality. Proposed Rule Change and Timing for internet website (http://www.sec.gov/ 2. Statutory Basis Commission Action rules/sro.shtml). Copies of the The Exchange has filed the proposed submission, all subsequent The Exchange believes that its rule change pursuant to Section amendments, all written statements proposed rule change is consistent with 19(b)(3)(A)(iii) of the Act 12 and Rule with respect to the proposed rule Section 6(b) of the Act 10 in general, and 19b–4(f)(6) thereunder.13 Because the change that are filed with the furthers the objectives of Section 6(b)(5) proposed rule change does not: (i) Commission, and all written of the Act 11 in particular, in that it is Significantly affect the protection of communications relating to the designed to prevent fraudulent and investors or the public interest; (ii) proposed rule change between the manipulative acts and practices, to impose any significant burden on Commission and any person, other than promote just and equitable principles of competition; and (iii) become operative those that may be withheld from the trade, to foster cooperation and prior to 30 days from the date on which public in accordance with the coordination with persons engaged in it was filed, or such shorter time as the provisions of 5 U.S.C. 552, will be regulating, clearing, settling, processing Commission may designate, if available for website viewing and information with respect to, and consistent with the protection of printing in the Commission’s Public facilitating transactions in, securities, to investors and the public interest, the Reference Room, 100 F Street, NE, remove impediments to and perfect the proposed rule change has become Washington, DC 20549, on official mechanisms of a free and open market effective pursuant to Section 19(b)(3)(A) business days between the hours of and a national market system and, in of the Act and Rule 19b–4(f)(6)(iii) 10:00 a.m. and 3:00 p.m. Copies of the general, to protect investors and the thereunder. filing also will be available for public interest by allowing the At any time within 60 days of the inspection and copying at the principal filing of such proposed rule change, the office of the Exchange. All comments 8 See Securities Exchange Release No. 87440 Commission summarily may received will be posted without change. (November 1, 2019), 84 FR 60117 (November 7, temporarily suspend such rule change if Persons submitting comments are 2019) (SR–MIAX–2019–45). it appears to the Commission that such cautioned that we do not redact or edit 9 See Securities Exchange Release No. 90507 (November 24, 2020), 85 FR 77321 (December 1, action is necessary or appropriate in the personal identifying information from 2020) (SR–MIAX–2020–36). comment submissions. You should 10 15 U.S.C. 78f(b). 12 15 U.S.C. 78s(b)(3)(A)(iii). 11 15 U.S.C. 78f(b)(5). 13 17 CFR 240.19b–4(f)(6). 14 15 U.S.C. 78s(b)(2)(B).
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submit only information that you wish received no comment letters on the Incident Period: 05/17/2021 through to make available publicly. All proposed rule changes. 05/21/2021. submissions should refer to File Section 19(b)(2) of the Act 4 provides DATES: Issued on 06/02/2021. Number SR–MIAX–2021–22, and that within 45 days of the publication of Physical Loan Application Deadline should be submitted on or before June notice of the filing of a propose rule Date: 08/02/2021. 29, 2021. change, or within such longer period up Economic Injury (EIDL) Loan For the Commission, by the Division of to 90 days as the Commission may Application Deadline Date: 03/02/2022. Trading and Markets, pursuant to delegated designate if it find such longer period to ADDRESSES: Submit completed loan authority.15 be appropriate and published its reasons applications to: U.S. Small Business J. Matthew DeLesDernier, for so finding or as to which the self- Administration, Processing and Assistant Secretary. regulatory organization consents, the Disbursement Center, 14925 Kingsport Commission shall either approve the Road, Fort Worth, TX 76155. proposed rule change, disapprove the FOR FURTHER INFORMATION CONTACT: A. proposed rule change, or institute Escobar, Office of Disaster Assistance, [FR Doc. 2021–11912 Filed 6–7–21; 8:45 am] proceedings to determine whether the U.S. Small Business Administration, BILLING CODE 8011–01–P proposed rule change should be 409 3rd Street SW, Suite 6050, disapproved. The 45th day after Washington, DC 20416, (202) 205–6734. publication of the Notices for these SUPPLEMENTARY INFORMATION: Notice is SECURITIES AND EXCHANGE proposed rule changes is June 6, 2021. COMMISSION hereby given that as a result of the The Commission is extending this 45- President’s major disaster declaration on day period. 06/02/2021, applications for disaster [Release No. 34–92089; File Nos. SR–NYSE– The Commission finds that it is 2021–25, SR–NYSEAMER–2021–21, SR– loans may be filed at the address listed appropriate to designate a longer period above or other locally announced NYSEArca–2021–24, SR–NYSECHX–2021– within which to take action on the 07, SR–NYSENAT–2021–09] locations. proposed rule changes so that it has The following areas have been Self-Regulatory Organizations; New sufficient time to consider the proposed determined to be adversely affected by York Stock Exchange LLC, NYSE rule changes. Accordingly, pursuant to the disaster: 5 American LLC, NYSE Arca, Inc., NYSE Section 19(b)(2) of the Act, the Primary Parishes (Physical Damage and Chicago, Inc., and NYSE National, Inc.; Commission designates July 21, 2021, as Economic Injury Loans): Ascension, Notice of Designation of a Longer the date by which the Commission shall Calcasieu, East Baton Rouge, Period for Commission Action on either approve or disapprove, or Iberville, Lafayette. Proposed Rule Changes To Amend the institute proceedings to determine Contiguous Parishes/Counties Fee Schedule To Add Meet-Me-Room whether to approve or disapprove, the (Economic Injury Loans Only): Connectivity Services Available at the proposed rule changes (File Nos. SR– Louisiana: Acadia, Assumption, Mahwah Data Center NYSE–2021–25, SR–NYSEAMER–2021– Beauregard, Cameron, East 21, SR–NYSEArca–2021–24, SR– Feliciana, Iberia, Jefferson Davis, June 2, 2021. NYSECHX–2021–07, SR–NYSENAT– Livingston, Pointe Coupee, Saint On April 9, 2021, New York Stock 2021–09). Helena, Saint James, Saint Landry, Exchange LLC, NYSE American LLC, For the Commission, by the Division of Saint Martin, St John the Baptist, NYSE Arca, Inc., NYSE Chicago, Inc., Trading and Markets, pursuant to delegated Vermilion, West Baton Rouge. and NYSE National, Inc. each filed with authority.6 Texas: Newton, Orange. the Securities and Exchange J. Matthew DeLesDernier, The Interest Rates are: Commission (‘‘Commission’’), pursuant Assistant Secretary. to Section 19(b)(1) of the Securities [FR Doc. 2021–11911 Filed 6–7–21; 8:45 am] Percent 1 Exchange Act of 1934 (‘‘Act’’) and Rule BILLING CODE 8011–01–P 19b–4 thereunder,2 a proposed rule For Physical Damage: change to amend the schedule of Homeowners with Credit Avail- able Elsewhere ...... 3.250 connectivity services available at the SMALL BUSINESS ADMINISTRATION Homeowners without Credit Mahwah data center to add services Available Elsewhere ...... 1.625 available to customers in the meet me [Disaster Declaration #16995 and #16996; Businesses with Credit Avail- rooms in the Mahwah data center and Louisiana Disaster Number LA–00112] able Elsewhere ...... 5.760 procedures for the allocation of cabinets Businesses without Credit and power to such customers. The Presidential Declaration of a Major Available Elsewhere ...... 2.880 proposed rule changes were published Disaster for the State of Louisiana Non-Profit Organizations with Credit Available Elsewhere 2.000 for comment in the Federal Register on AGENCY: U.S. Small Business April 22, 2021.3 The Commission has Non-Profit Organizations with- Administration. out Credit Available Else- ACTION: Notice. where ...... 2.000 15 17 CFR 200.30–3(a)(12). For Economic Injury: 1 15 U.S.C. 78s(b)(1). SUMMARY: This is a Notice of the Businesses & Small Agricul- 2 17 CFR 240.19b–4. Presidential declaration of a major tural Cooperatives without 3 See Securities Exchange Act Release Nos. 91598 Credit Available Elsewhere 2.880 (April 16, 2021), 86 FR 21373 (April 22, 2021) (SR– disaster for the State of Louisiana (FEMA–4606–DR), dated 06/02/2021. Non-Profit Organizations with- NYSE–2021–25); 91599 (April 16, 2021), 86 FR out Credit Available Else- 21365 (April 22, 2021) (SR–NYSEAMER–2021–21); Incident: Severe Storms, Tornadoes, where ...... 2.000 91600 (April 16, 2021), 86 FR 21384 (April 22, and Flooding. 2021) (SR–NYSEArca–2021–24); 91601 (April 16, 2021), 86 FR 21410 (April 22, 2021) (SR– 4 The number assigned to this disaster NYSECHX–2021–07); and 91602 (April 16, 2021), 15 U.S.C. 78s(b)(2). 86 FR 21393 (April 22, 2021) (SR–NYSENAT–2021– 5 15 U.S.C. 78s(b)(2). for physical damage is 16995 B and for 09) (collectively, the ‘‘Notices’’). 6 17 CFR 200.30–3(a)(31). economic injury is 16996 0.
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(Catalog of Federal Domestic Assistance minimize burden on respondents, days from the date of this publication. Number 59008) including the use of automated To be sure we consider your comments, James Rivera, collection techniques or other forms of we must receive them no later than July Associate Administrator for Disaster information technology. Mail, email, or 8, 2021. Individuals can obtain copies of Assistance. fax your comments and this OMB clearance package by writing [FR Doc. 2021–11985 Filed 6–7–21; 8:45 am] recommendations on the information to [email protected]. collection(s) to the OMB Desk Officer BILLING CODE 8026–03–P Filing Claims Under the Federal Tort and SSA Reports Clearance Officer at Claims Act—20 CFR 429.101 the following addresses or fax numbers. –429.110—0960–0667. The Federal Tort SOCIAL SECURITY ADMINISTRATION (OMB), Office of Management and Claims Act (FTCA) is the mechanism for Budget, Attn: Desk Officer for SSA, [Docket No: SSA–2021–0021] compensating people who Federal Comments: https://www.reginfo.gov/ employees injured through negligent or public/do/PRAMain. Submit your Agency Information Collection wrongful acts that occurred during the comments online referencing Docket Activities: Comment Request performance of those employees’ official ID Number [SSA–2021–0021]. duties. SSA accepts claims filed under (SSA), Social Security Administration, The Social Security Administration the FTCA for damages against the (SSA) publishes a list of information OLCA, Attn: Reports Clearance Director, 3100 West High Rise, 6401 United States; loss of property; personal collection packages requiring clearance injury; or death resulting from an SSA by the Office of Management and Security Blvd., Baltimore, MD 21235, employee’s wrongful act or omission. Budget (OMB) in compliance with Fax: 410–966–2830, Email address: The various types of claims included Public Law 104–13, the Paperwork [email protected]. under this information collection Reduction Act of 1995, effective October Or you may submit your comments request require claimants to provide 1, 1995. This notice includes one online through https://www.reginfo.gov/ information SSA can use to determine revision of an OMB-approved public/do/PRAMain, referencing Docket whether to make an award, compromise, information collection. ID Number [SSA–2021–0021]. SSA is soliciting comments on the SSA submitted the information or settlement under the FTCA. The accuracy of the agency’s burden collection below to OMB for clearance. respondents are individuals or entities estimate; the need for the information; Your comments regarding this making a claim under the FTCA. its practical utility; ways to enhance its information collection would be most Type of Request: Revision of an OMB- quality, utility, and clarity; and ways to useful if OMB and SSA receive them 30 approved information collection.
Average Average Estimated theoretical Total annual Regulation Number of Frequency of burden total annual hourly cost opportunity citations respondents response per response burden amount cost (minutes) (hours) (dollars) ** (dollars) ***
429.102; 429.103 * ...... 1 1 1 0 **$27.07 ***$0 429.104(a) ...... 11 1 5 1 **27.07 ***27 429.104(b) ...... 43 1 5 4 **27.07 ***108 429.104(c) ...... 1 1 5 0 **27.07 ***0 429.106(b) ...... 8 1 10 1 **27.07 ***27
Totals ...... 64 ...... 6 ...... *** 162 * We are including a one-hour placeholder burden for 20 CFR 429.102 and 429.103, as respondents complete OMB-approved Form SF–95, OMB No. 1105–0008. Since the burden for these citations is covered under a separate OMB number, we are not double-counting the burden here. ** We based this figure on the average U.S. citizen’s hourly salary, as reported by the U.S. Bureau of Labor Statistics (https://www.bls.gov/oes/ current/oes_nat.htm#00-0000). *** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the application.
Dated: June 2, 2021. DEPARTMENT OF STATE oversight, and control of funds made Naomi Sipple, available by the SFOAA for assistance [Public Notice: 11441] Reports Clearance Officer, Social Security for Libya. Administration. Certification Pursuant to the This certification shall be published [FR Doc. 2021–11896 Filed 6–7–21; 8:45 am] Department of State, Foreign in the Federal Register and, along with BILLING CODE 4191–02–P Operations, and Related Programs the accompanying Memorandum of Appropriations Act, 2021 Justification, shall be reported to Congress. Pursuant to section 7041(f)(2) of the Department of State, Foreign Dated: June 1, 2021. Operations, and Related Programs Brian P. McKeon, Appropriations Act, 2021 (Div. K, Pub. Deputy Secretary for Management and L. 116–260) (SFOAA) and Department Resources. of State Delegation of Authority 513, I [FR Doc. 2021–11969 Filed 6–7–21; 8:45 am] hereby certify that all practicable steps BILLING CODE 4710–31–P have been taken to ensure that mechanisms are in place for monitoring,
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DEPARTMENT OF STATE DEPARTMENT OF STATE has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to continue [Public Notice: 11435] [Public Notice: 11436] in control of Gulf & Ship Island Railroad Notice of Determinations; Culturally LLC (GSIR), a noncarrier controlled by Notice of Determinations; Culturally Significant Objects Being Imported for CRIP, upon GSIR’s becoming a carrier. This transaction is related to a Significant Objects Being Imported for Exhibition—Determinations: ‘‘Legacies verified notice of exemption filed Exhibition—Determinations: ‘‘Private of Exchange: Chinese Contemporary Lives: Home and Family in the Art of concurrently in Gulf & Ship Island Art From the Yuz Foundation’’ Railroad LLC—Lease & Operation the Nabis, Paris, 1889–1900’’ Exhibition Exhibition Exemption—Rail Line of Harrison County Development Commission at or SUMMARY: Notice is hereby given of the SUMMARY: Notice is hereby given of the Near Gulfport, Harrison County, Miss., following determinations: I hereby following determinations: I hereby Docket No. FD 36519, in which GSIR determine that certain objects being determine that certain objects being imported from abroad pursuant to an seeks to lease from Harrison County imported from abroad pursuant to Development Commission, acting with agreements with their foreign owners or agreement with their foreign owner or custodian for temporary display in the the Harrison County Board of custodians for temporary display in the exhibition ‘‘Legacies of Exchange: Supervisors, and operate approximately exhibition ‘‘Private Lives: Home and Chinese Contemporary Art from the Yuz 5 miles of industrial lead tracks known Family in the Art of the Nabis, Paris, Foundation’’ at the Los Angeles County as the Seaway Lead, in Harrison County, 1889–1900’’ at the Cleveland Museum Museum of Art, Los Angeles, California, Miss. of Art, Cleveland, Ohio, at the Portland and at possible additional exhibitions or The transaction may be consummated Art Museum, Portland, Oregon, and at venues yet to be determined, are of on or after July 1, 2021, the effective possible additional exhibitions or date of the exemption (30 days after the cultural significance, and, further, that 1 venues yet to be determined, are of their temporary exhibition or display verified notice was filed). According to the verified notice of cultural significance, and, further, that within the United States as exemption, CRIP currently owns and their temporary exhibition or display aforementioned is in the national operates Mississippi Delta Railroad LLC within the United States as interest. I have ordered that Public (MSDR), a Class III rail carrier operating aforementioned is in the national Notice of these determinations be solely in the state of Mississippi. interest. I have ordered that Public published in the Federal Register. CRIP represents that: (1) The rail line Notice of these determinations be FOR FURTHER INFORMATION CONTACT: Chi to be leased and operated by GSIR does published in the Federal Register. D. Tran, Program Administrator, Office not connect with the rail lines of any of FOR FURTHER INFORMATION CONTACT: Chi of the Legal Adviser, U.S. Department of the rail carriers controlled by CRIP; (2) D. Tran, Program Administrator, Office State (telephone: 202–632–6471; email: the transaction is not part of a series of of the Legal Adviser, U.S. Department of [email protected]). The mailing anticipated transactions that would address is U.S. Department of State, L/ State (telephone: 202–632–6471; email: connect GSIR with any railroad in the PD, SA–5, Suite 5H03, Washington, DC [email protected]). The mailing CRIP corporate family; and (3) the 20522–0505. address is U.S. Department of State, L/ transaction does not involve a Class I rail carrier. The proposed transaction is PD, SA–5, Suite 5H03, Washington, DC SUPPLEMENTARY INFORMATION: The therefore exempt from the prior 20522–0505. foregoing determinations were made pursuant to the authority vested in me approval requirements of 49 U.S.C. SUPPLEMENTARY INFORMATION: The by the Act of October 19, 1965 (79 Stat. 11323 pursuant to 49 CFR 1180.2(d)(2). foregoing determinations were made 985; 22 U.S.C. 2459), Executive Order Under 49 U.S.C. 10502(g), the Board pursuant to the authority vested in me 12047 of March 27, 1978, the Foreign may not use its exemption authority to by the Act of October 19, 1965 (79 Stat. Affairs Reform and Restructuring Act of relieve a rail carrier of its statutory 985; 22 U.S.C. 2459), Executive Order 1998 (112 Stat. 2681, et seq.; 22 U.S.C. obligation to protect the interests of its 12047 of March 27, 1978, the Foreign 6501 note, et seq.), Delegation of employees. However, 49 U.S.C. 11326(c) Affairs Reform and Restructuring Act of Authority No. 234 of October 1, 1999, does not provide for labor protection for transactions under 49 U.S.C. 11324 and 1998 (112 Stat. 2681, et seq.; 22 U.S.C. and Delegation of Authority No. 236–3 of August 28, 2000. 11325 that involve only Class III rail 6501 note, et seq.), Delegation of carriers. Because this transaction Authority No. 234 of October 1, 1999, Matthew R. Lussenhop, involves Class III rail carriers only, the and Delegation of Authority No. 236–3 Acting Assistant Secretary, Bureau of Board, under the statute, may not of August 28, 2000. Educational and Cultural Affairs, Department impose labor protective conditions for of State. Matthew R. Lussenhop, this transaction. [FR Doc. 2021–11898 Filed 6–7–21; 8:45 am] If the verified notice contains false or Acting Assistant Secretary, Bureau of BILLING CODE 4710–05–P misleading information, the exemption Educational and Cultural Affairs, Department of State. is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) [FR Doc. 2021–11899 Filed 6–7–21; 8:45 am] SURFACE TRANSPORTATION BOARD may be filed at any time. The filing of BILLING CODE 4710–05–P a petition to revoke will not [Docket No. FD 36520] automatically stay the effectiveness of the exemption. Petitions for stay must Chicago, Rock Island & Pacific be filed no later than June 24, 2021 (at Railroad LLC—Continuance in Control Exemption—Gulf & Ship Island 1 CRIP initially submitted its notice of exemption Railroad LLC on May 17, 2021, but supplemented it by letter on June 1, 2021. The date of CRIP’s supplement will Chicago Rock Island & Pacific be considered the filing date for purposes of Railroad LLC (CRIP), a Class III carrier, calculating the effective date of the exemption.
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least seven days before the exemption DEPARTMENT OF TRANSPORTATION Type of Review: Renewal of an becomes effective). information collection. Federal Aviation Administration All pleadings, referring to Docket No. Background: Under the authority of Title 49 CFR, Section 44701, Title 14 FD 36520, should be filed with the [Docket No. FAA–2021–0493] CFR prescribes the terms, conditions, Surface Transportation Board via e- and limitations as are necessary to filing on the Board’s website. In Agency Information Collection ensure safety in air transportation. Title addition, one copy of each pleading Activities: Requests for Comments; Clearance of a Renewed Approval of 14 CFR part 121 prescribes the must be served on CRIP’s representative, Information Collection: Part 121 requirements governing air carrier Thomas F. McFarland, Thomas F. Operating Requirements: Domestic, operations. The information collected is McFarland, P.C., 2230 Marston Lane, Flag, and Supplemental Operations used to determine air operators’ Flossmoor, IL 60422–1336. compliance with the minimum safety According to CRIP, this action is AGENCY: Federal Aviation standards and the applicants’ eligibility categorically excluded from Administration (FAA), Transportation for air operations certification. Each environmental review under 49 CFR (DOT). operator which seeks to obtain, or is in 1105.6(c) and from historic reporting ACTION: Notice and request for possession of an air carrier operating requirements under 49 CFR 1105.8(b). comments. certificate, must comply with the requirements of part 121 which include Board decisions and notices are SUMMARY: In accordance with the maintaining data which is used to available at www.stb.gov. Paperwork Reduction Act of 1995, FAA determine if the air carrier is operating Decided: June 2, 2021. invites public comments about our in accordance with minimum safety intention to request the Office of By the Board, Scott M. Zimmerman, Acting standards. Management and Budget (OMB) Director, Office of Proceedings. Respondents: 66 Part 121 Air Carriers. approval to renew an information Jeffrey Herzig, Frequency: Information is collected collection. The collection involves on occasion. Clearance Clerk. regulations that prescribe the Estimated Average Burden per [FR Doc. 2021–11994 Filed 6–7–21; 8:45 am] requirements governing air carrier Response: Varies per Response and BILLING CODE 4915–01–P operations. The information collected is Requirement type. necessary to determine air operators’ Estimated Total Annual Burden: compliance with the minimum safety 1,455,260 Hours. SURFACE TRANSPORTATION BOARD standards and the applicants’ eligibility Issued in Washington, DC, on June 3, 2021. for air operations certification. Sandra L. Ray, Release of Waybill Data DATES: Written comments should be Aviation Safety Inspector, AFS–270. submitted by August 9, 2021. The Surface Transportation Board has [FR Doc. 2021–11980 Filed 6–7–21; 8:45 am] ADDRESSES: Please send written received a request from Miami BILLING CODE 4910–13–P comments: University (WB21–40—6/1/21) for By Electronic Docket: https:// permission to use data from the Board’s www.regulations.gov (Enter docket DEPARTMENT OF TRANSPORTATION 1983–2019 Unmasked Carload Waybill number into search field). Samples. A copy of this request may be By Mail: Sandra Ray, Federal Aviation Federal Aviation Administration obtained from the Board’s website under Administration, Policy Integration docket no. WB21–40. Branch AFS–270, 1187 Thorn Run Notice of Intent To Rule on a Land The waybill sample contains Road, Suite 200, Coraopolis, PA 15108. Release Request at Saratoga County confidential railroad and shipper data; By Fax: 412–239–3063. Airport (5B2), Ballston Spa, NY therefore, if any parties object to these FOR FURTHER INFORMATION CONTACT: AGENCY: Federal Aviation requests, they should file their Sandra Ray by email at: Sandra.ray@ Administration (FAA), DOT. faa.gov; phone: 412–329–3088. objections with the Director of the ACTION: Notice of request to release Board’s Office of Economics within 14 SUPPLEMENTARY INFORMATION: airport land. calendar days of the date of this notice. Public Comments Invited: You are The rules for release of waybill data are asked to comment on any aspect of this SUMMARY: The FAA proposes to rule and codified at 49 CFR 1244.9. information collection, including (a) invites public comment on the application for a release of Contact: Alexander Dusenberry, (202) Whether the proposed collection of approximately 1.79 acres of federally 245–0319. information is necessary for FAA’s performance; (b) the accuracy of the obligated airport property at Saratoga Eden Besera, estimated burden; (c) ways for FAA to County Airport, Ballston Spa, Saratoga Clearance Clerk. enhance the quality, utility and clarity County, NY, from conditions, [FR Doc. 2021–12025 Filed 6–7–21; 8:45 am] of the information collection; and (d) reservations, and restrictions contained ways that the burden could be in Airport Improvement Program (AIP) BILLING CODE 4915–01–P minimized without reducing the quality grants that would restrict the use of said of the collected information. The agency land to aeronautical purposes. This will summarize and/or include your acreage is composed of a portion of a comments in the request for OMB’s parcel that was acquired by Saratoga clearance of this information collection. County though AIP Grant 3–36–0004– OMB Control Number: 2120–0008. 05–1987. It is requested that FAA Title: Part 121 Operating approval be given to release the 1.79 Requirements: Domestic, Flag, and acres for disposal to allow a currently Supplemental Operations. existing non-aeronautical use on the Form Numbers: None. parcel to continue. The land is not
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needed for aeronautical purposes and needed for aeronautical purposes in the Department of Transportation/FAA, and the Federal share of the proceeds from future. sent via electronic mail to oira_ the sale of land would be dedicated to Issued in Jamaica, New York, on June 2, [email protected], or faxed to a future AIP eligible airport effort. 2021. (202) 395–6974, or mailed to the Office DATES: Comments must be received on Evelyn Martinez, of Information and Regulatory Affairs, Office of Management and Budget, or before July 8, 2021. Manager, New York Airports District Office. Docket Library, Room 10102, 725 17th ADDRESSES: Comments on this [FR Doc. 2021–11900 Filed 6–7–21; 8:45 am] Street NW, Washington, DC 20503. application may be submitted to Robert BILLING CODE 4910–13–P Public Comments Invited: You are Costa, Federal Aviation Administration, asked to comment on any aspect of this New York Airports District Office via information collection, including (a) phone at (718) 995–5778 or at the email DEPARTMENT OF TRANSPORTATION whether the proposed collection of address [email protected]. Federal Aviation Administration information is necessary for FAA’s Comments on this application may also performance; (b) the accuracy of the be mailed or delivered to the FAA at the [Docket No. FAA–2020–0611] estimated burden; (c) ways for FAA to following address: Evelyn Martinez, enhance the quality, utility and clarity Manager, Federal Aviation Agency Information Collection of the information collection; and (d) Administration, New York Airports Activities: Requests for Comments; ways that the burden could be District Office, Federal Register Clearance of Renewed Approval of minimized without reducing the quality Comment, 1 Aviation Plaza, Jamaica, Information Collection: Voluntarily of the collected information. The agency New York 11434. Implement a Safety Management will summarize and/or include your System (SMS) FOR FURTHER INFORMATION CONTACT: Mr. comments in the request for OMB’s Robert Costa, Assistant Manager, AGENCY: Federal Aviation clearance of this information collection. Federal Aviation Administration, New Administration (FAA), Transportation FOR FURTHER INFORMATION CONTACT: York Airports District Office, 1 Aviation (DOT). Andrea Giordani, Security and Plaza, Jamaica, New York 11434. ACTION: Notice and request for Hazardous Materials Safety, Office of Telephone: 718–995–5778. comments. Hazardous Materials Safety (AXH–002), SUPPLEMENTARY INFORMATION: In Federal Aviation Administration, 800 accordance with the Wendell H. Ford SUMMARY: In accordance with the Independence Avenue SW, Washington, Aviation Investment and Reform Act for Paperwork Reduction Act of 1995, FAA DC 20591; (202) 267–3770. the 21st Century (AIR 21), Public Law invites public comments about our SUPPLEMENTARY INFORMATION: 106–181 (Apr. 5, 2000; 114 Stat. 61), intention to request the Office of OMB Control Number: To be this notice must be published in the Management and Budget’s (OMB) determined. Federal Register 30 days before the approval to renew an information Title: Voluntarily Implement a Safety Secretary may waive any condition collection. The information collection is Management System (SMS). for entities who voluntarily follow the Form Numbers: N/A. imposed on a federally obligated airport Type of Review: Clearance of a new by surplus property conveyance deeds guidance in FAA Advisory Circular (AC) 120–119, Voluntary Safety information collection. or grant agreements. The following is a Background: Advisory Circular (AC) brief overview of the request. Management System for Other Regulated Entities Transporting No. 120–119 provides information on The County of Saratoga has requested how entities subject to the regulatory release from grant assurance obligations Dangerous Goods by Air, on how to use the SMS principles included in part 5, requirements of Title 49 of the Code of of approximately 1.79 acres of airport Federal Regulations (CFR) parts 171– as a basis to develop and implement a property at Saratoga County Airport to 180 (e.g., entities performing functions voluntary SMS program and how to permit the disposal of the land at fair such as, but not limited to, handling or submit such a voluntary program to the market value to allow an existing not- shipping of dangerous goods by air and FAA’s Office of Hazardous Materials for-profit hospice facility to continue to hereinafter referred to as ‘‘other Safety (AXH) for acceptance. operate on site. The airport has no plans regulated entities’’) may choose to Information received from the first to utilize the parcel for aviation use. The voluntarily implement a Safety collection will be used to determine 1.79 acres sits on a larger 5.48-acre Management System (SMS) as described compliance with FAA SMS regulations. parcel currently owned by the airport. in Title 14 CFR, part 5—Safety With the exception of a one-time The 5.48-acre parcel will be split into Management Systems. two parcels; a 3.69-acre parcel that will submission of an implementation plan, This AC addresses general SMS be retained by the airport, as it includes the data will not be submitted to the principles and explains certain a portion of the Runway 23 Runway FAA. The records for Safety Policy, regulatory requirements outlined in 14 Protection Zone, and the 1.79-acre Safety Risk Management, and Safety CFR part 5. While part 5 does not apply parcel that is outside of the Runway Assurance processes, training, and to voluntary SMS programs, it describes Protection Zone and currently houses communications are kept under Safety the general SMS framework and serves the not-for-profit hospice facility and Promotion and will be kept by the as a non-binding basis for the associated parking area. As a condition organization and used in its SMS. development and implementation of of the release, the proposed use must DATES: Written comments should be voluntary SMS programs. This AC not interfere with the airport or its submitted by August 9, 2021. provides guidance to organizations on operations. The Federal share of the ADDRESSES: Interested persons are how to use the SMS principles included proceeds of the disposal would be invited to submit written comments on in part 5, as a basis to develop and distributed towards approved AIP the proposed information collection to implement a voluntary SMS program eligible efforts, with the remaining the Office of Information and Regulatory and how to submit such a voluntary proceeds to be utilized to operate the Affairs, Office of Management and program to the FAA’s Office of airport. For these reasons, it is not Budget. Comments should be addressed Hazardous Materials Safety (AXH) for anticipated that this acreage will be to the attention of the Desk Officer, acceptance.
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The organization collects and DATES: Please submit comments by July State DOTs now must submit biennial analyzes safety data and maintains 8, 2021. performance reports (23 U.S.C. 150 (e) training and communications records ADDRESSES: You may submit comments and 23 CFR 490.107). The information for its SMS. Data and records are within 30 days identified by DOT being requested in the TPM Biennial essential for an SMS. Any organization Docket ID Number (FHWA–2021–0008) Reports has been provided to the DOT that volunteers for this process is by any of the following methods: in an electronic format through an required to maintain records of SMS Website: For access to the docket to online data form called the Performance outputs, training records, and read background documents or Management Form (PMF). State DOTs communications materials used to comments received, go to the Federal have successfully submitted the promote safety. An organization may eRulemaking Portal: http:// required biennial reports in October create a gap analysis to identify what www.regulations.gov. Follow the online 2018 and 2020. Alternative formats will already exists within that organization instructions for submitting comments. be made available where necessary. As and what needs to be created to Fax: 1–202–493–2251. part of the rulemaking 1 implementing complete the SMS implementation plan. the MAP–21 and FAST Act The organization’s implementation plan Mail: Docket Management Facility; requirements, FHWA evaluated all of is submitted once to FAA for approval. U.S. Department of Transportation, the Biennial Reporting requirements in As needed, other information may be West Building Ground Floor, Room the individual regulatory impact requested or submitted as part of W12–140, 1200 New Jersey Avenue SE, assessments (RIA) and determined the ongoing SMS evaluation. Washington, DC 20590. Respondents: The FAA estimates that Hand Delivery or Courier: U.S. following: a total of three companies will Department of Transportation, West Respondents: 52 State DOTs, voluntarily implement an SMS. Building Ground Floor, Room W12–140, including Washington DC and Puerto Frequency: The FAA assumes that the 1200 New Jersey Avenue SE, Rico. Washington, DC 20590, between 9 a.m. implementation plan is a one-time Frequency: Biennially. burden that takes place over three (3) and 5 p.m. ET, Monday through Friday, years for organizations that choose to except Federal holidays. Estimated Average Burden per comply. FOR FURTHER INFORMATION CONTACT: Response: Approximately 2,128 hours Estimated Average Burden per Susanna Hughes Reck, Office of annually for an individual State DOT to Response: 6,680 hours reporting and Infrastructure, HISM–20, (202) 366– compile, organize, and submit the report 170 hours recordkeeping. 1548, Federal Highway Administration, to FHWA. Estimated Total Annual Burden: 1200 New Jersey Avenue SE, Estimated Total Annual Burden 20,040 hours reporting and 6,120 hours Washington, DC 20590. Office hours are Hours: Approximately 110,656 hours recordkeeping. from 8:00 a.m. to 4:30 p.m. ET, Monday annually. Issued in Washington, DC, on June 3, 2021. through Friday, except Federal holidays. Public Comments Invited: You are Daniel Benjamin Supko, SUPPLEMENTARY INFORMATION: asked to comment on any aspect of this Executive Director, FAA, Office of Hazardous Title: Biennial Performance Reporting information collection, including: (1) Materials Safety. for the TPM Program. Ways for the FHWA to enhance the [FR Doc. 2021–11971 Filed 6–7–21; 8:45 am] Background: The MAP–21 (Pub. L. quality, usefulness, and clarity of the BILLING CODE 4910–13–P 112–141) and FAST Act (Pub. L. 114– collected information; and (2) ways that 94) transformed the Federal-aid the burden could be minimized, without highway program by establishing new reducing the quality of the collected DEPARTMENT OF TRANSPORTATION requirements for transportation information. The agency will summarize performance management (TPM) to Federal Highway Administration and/or include your comments in the ensure the most efficient investment of request for OMB’s clearance of this [Docket No. FHWA–2021–0008] Federal transportation funds. Prior to information collection. MAP–21, there were no explicit Agency Information Collection requirements for State DOTs to Authority: The Paperwork Reduction Act Activities: Request for Comments for a demonstrate how their transportation of 1995; 44 U.S.C. chapter 35, as amended; New Information Collection program supported national and 49 CFR 1.48. AGENCY: Federal Highway performance outcomes. State DOTs were Issued On: June 2, 2021. Administration (FHWA), U.S. not required to measure condition or Michael Howell, Department of Transportation (DOT). performance, establish targets, assess Information Collection Officer. progress toward targets, or report on ACTION: Notice of request for the renewal [FR Doc. 2021–11918 Filed 6–7–21; 8:45 am] condition or performance in a nationally of a previously approved information BILLING CODE 4910–22–P collection and request for comments. consistent manner that FHWA could use to assess the entire system. It has been 1 SUMMARY: The FHWA has forwarded the difficult for FHWA to examine the 2nd National Performance Management Measures Rule (PM2): Assessing Pavement information collection request described effectiveness of the Federal-aid highway Condition for National Highway Performance in this notice to the Office of program as a means to address surface Program and Bridge Condition for National Management and Budget (OMB) for transportation performance at a national Highway Performance Program; Assessing approval of a new (periodic) level without States reporting on the Performance of National Highway System, etc. (RIN: 2125–AF53 https://www.govinfo.gov/content/pkg/ information collection. We published a above factors. The new TPM FR-2017-01-18/pdf/2017-00550.pdf. Federal Register Notice with a 60-day requirements, as established by MAP–21 3rd National Performance Management Measures public comment period on this and FAST Act, change this paradigm Rule (PM3): Assessing Performance of National information collection on May 11, 2021. and require states to measure condition Highway System, Freight Movement on Interstate System, and Congestion Mitigation and Air Quality We are required to publish this notice or performance, establish targets, assess Improvement Program (RIN 2125–AF54) https:// in the Federal Register by the progress towards targets and report on www.govinfo.gov/content/pkg/FR-2017-01-18/pdf/ Paperwork Reduction Act of 1995. condition or performance. 2017-00681.pdf.
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DEPARTMENT OF TRANSPORTATION relief from the requirements of 49 CFR • Mail: Docket Operations Facility, 215.13(b) (pre-departure inspection) and U.S. Department of Transportation Federal Railroad Administration § 232.205 (class I brake test-initial (DOT), 1200 New Jersey Ave. SE, W12– terminal inspection) on the combined 140, Washington, DC 20590. [Docket Number FRA–2021–0031] and subsequently separated trains. Communications received by July 7, Petition for Waiver of Compliance and FRA’s April 22, 2021, notice provided 2021, will be considered by FRA before Extension of Comment Period a 45-day public comment period final action is taken. Comments received (ending June 7, 2021) on UP’s request after that date will be considered if On April 22, 2021, the Federal for relief. Subsequent to publication of practicable. Railroad Administration (FRA) that notice, in a letter dated May 21, Anyone can search the electronic published notice of its receipt of a 2021, the Transportation Trades form of any written communications petition dated March 9, 2021, from Department, AFL–CIO (TTD) requested and comments received into any of our Union Pacific Railroad Company (UP) that FRA extend the comment period dockets by the name of the individual requesting a waiver of compliance from pending FRA’s clarification of certain submitting the comment (or signing the certain provisions of the Federal questions related to UP’s request for document, if submitted on behalf of an railroad safety regulations contained at relief. Specifically, TTD asked if UP’s association, business, labor union, etc.). 49 CFR parts 215 (Railroad Freight Car request affects end-of-train (EOT) device Under 5 U.S.C. 553(c), DOT solicits Safety Standards) and 232 (Brake inspections and inspections related to comments from the public to better System Safety Standards for Freight and positive train control. TTD asked if inform its processes. DOT posts these Other Non-Passenger Trains and ‘‘there are any other pre-departure comments, without edit, including any Equipment; End-Of-Train Devices). FRA inspections/duties performed on a personal information the commenter assigned the petition Docket Number locomotive that will be included in this provides, to www.regulations.gov, as FRA–2021–0031.1 waiver, including 236.587 departure described in the system of records As noted in FRA’s April 22, 2021, tests.’’ In response to TTD’s request for notice (DOT/ALL–14 FDMS), which can notice, UP requested relief from 49 CFR clarification, FRA notes that UP’s be reviewed at https:// 215.13, Pre-departure inspection, which request for relief is limited to two FRA www.transportation.gov/privacy. See requires an inspection when combining regulatory requirements—the inspection also https://www.regulations.gov/ two separate consists including one or and test requirements of 49 CFR 215.13 privacy-notice for the privacy notice of more cars and one or more locomotives (pre-departure freight car inspection) regulations.gov. and § 232.205 (Class I brake test-initial that have been properly inspected and Issued in Washington, DC. tested in compliance with all applicable terminal inspection) for trains that have John Karl Alexy, regulations (i.e., both consists have had been combined and then subsequently a Class I brake test (§ 232.205), Class IA separated as outlined in UP’s petition. Associate Administrator for Railroad Safety, Chief Safety Officer. brake test (§ 232.207), or have been UP has not requested relief from, and designated as extended haul trains and FRA is not considering granting relief [FR Doc. 2021–11962 Filed 6–7–21; 8:45 am] are compliant with all requirements of from, any other regulatory requirements BILLING CODE 4910–06–P § 232.213). UP states that the requested other than §§ 215.13 and 232.205 under relief will allow combining two existing the specific circumstances outlined in DEPARTMENT OF TRANSPORTATION and operating trains without additional UP’s March 9, 2021, petition. A copy of UP’s petition, as well as all inspections, besides a Class III brake Federal Railroad Administration test. It further states that the relief will written communications concerning the allow subsequent separation of two petition, is available for review online at [Docket Number FRA–2010–0011] trains without additional inspections, www.regulations.gov. besides a Class III brake test, provided In response to TTD’s request, FRA is Petition for Extension of Waiver of that a record of the original consist extending the comment period in this Compliance waiver proceeding for an additional 30 remains intact. Although not explicitly Under part 211 of title 49 Code of referenced in FRA’s April 22, 2021, days. Interested parties are invited to Federal Regulations (CFR), this notice, FRA notes that to accomplish the participate in these proceedings by document provides the public notice combining and subsequent separation of submitting written views, data, or that on May 17, 2021, Norfolk Southern two existing and operating trains comments. FRA does not anticipate Corporation (NS) petitioned the Federal without additional inspections (besides scheduling a public hearing in Railroad Administration (FRA) for an a Class III brake test), UP also requests connection with these proceedings since extension of a waiver of compliance from certain provisions of the Federal 1 FRA notes that UP submitted 3 separate the facts do not appear to warrant a petitions to the docket of this proceeding. The first hearing. If any interested party desires railroad safety regulations contained at petition was dated February 24, 2021 (available at an opportunity for oral comment and a 49 CFR part 236, Rules, Standards, and https://www.regulations.gov/document/FRA-2021- public hearing, they should notify FRA, Instructions Governing the Installation, 0031-0001). UP submitted a revised petition dated Inspection, Maintenance, and Repair of March 9, 2021 (available at https:// in writing, before the end of the www.regulations.gov/document/FRA-2021-0031- comment period and specify the basis Signal and Train Control Systems, 0002). Finally, UP submitted a third petition (also for their request. Devices, and Appliances. The relevant dated March 9, 2021) (available at https:// All communications concerning these Docket Number is FRA–2010–0011. www.regulations.gov/document/FRA-2021-0031- proceedings should identify the Specifically, NS requests continued 0004). UP’s third petition corrected minor errors in its earlier petitions as UP explained in separate appropriate docket number and may be relief from 49 CFR 236.377, Approach correspondence. That correspondence is Document submitted by any of the following locking; 236.378, Time locking; 236.379, No. FRA–2021–0031–0005 in the docket to this methods: Route locking; 236.380, Indication proceeding (available at https:// • Website: http:// locking; and 236.381, Traffic locking. www.regulations.gov/document/FRA-2021-0031- 0005). FRA is considering and will respond to UP’s www.regulations.gov. Follow the online The relief would continue the extension third petition (Document No. FRA–2021–0031– instructions for submitting comments. of periodic testing schedules from at 0004). • Fax: 202–493–2251. least once every two years to at least
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once every four years at interlockings, DEPARTMENT OF TRANSPORTATION and Mr. Khouri, et al., have been control points, and other signal removed from the list of excluded locations controlled by solid-state Office of the Secretary service agents. microprocessor-based equipment. The Department published notice of Elizabeth Betsy Pope d/b/a Eastgate the Public Interest Exclusion for A copy of the petition, as well as any Laboratory Testing and Mounir R. written communications concerning the Elizabeth Betsy Pope, et al., on August Khouri; Removal From the Public 24, 2015 (80 FR 51349) and for Mounir petition, is available for review online at Interest Exclusion List R. Khouri, et al., on January 27, 2016 (81 www.regulations.gov. AGENCY: Office of the Secretary, DOT. FR 4739). The exclusions were for 5- Interested parties are invited to year periods, respectively, which have ACTION: Notice. participate in these proceedings by now run their term. We have removed submitting written views, data, or SUMMARY: The Department of Ms. Pope and Mr. Khouri from the comments. FRA does not anticipate Transportation (DOT) issued a decision DOT’s list of Public Interest Exclusions scheduling a public hearing in and order under the Procedures for on our website at: http:// connection with these proceedings since Transportation Workplace Drug and www.transportation.gov/odapc/pie. We the facts do not appear to warrant a Alcohol Testing Programs excluding a are also notifying the public of the hearing. If any interested party desires service agent, Elizabeth ‘‘Betsy’’ Pope removal by publishing this Federal an opportunity for oral comment and a d/b/a Eastgate Laboratory Testing in Register notice as required by 49 CFR public hearing, they should notify FRA, Tennessee and all other places doing 40.401(d). in writing, before the end of the business, and all other individuals who Issued on May 20, 2021, in Washington, comment period and specify the basis are employees or all other individuals DC. for their request. associated with Ms. Pope and Eastgate Bohdan Baczara, All communications concerning these Laboratory Testing, from providing drug Deputy Director, Office of Drug and Alcohol proceedings should identify the and alcohol testing services in any Policy Compliance. appropriate docket number and may be capacity to any DOT-regulated employer [FR Doc. 2021–11902 Filed 6–7–21; 8:45 am] submitted by any of the following for a period of 5 years. Ms. Pope and her BILLING CODE 4910–9X–P methods: company provided Medical Review • Website: http:// Officer services to DOT-regulated www.regulations.gov. Follow the online employers directly and through other DEPARTMENT OF THE TREASURY instructions for submitting comments. service agents when Ms. Pope was not qualified to act as a Medical Review • Office of Foreign Assets Control Fax: 202–493–2251. Officer. The 5-year period has ended • Mail: Docket Operations Facility, and Ms. Pope, et al., have been removed Notice of OFAC Sanctions Actions from the list of excluded service agents. U.S. Department of Transportation AGENCY: Office of Foreign Assets (DOT), 1200 New Jersey Ave. SE, W12– DATES: This Notice is effective as of Control, Treasury. 140, Washington, DC 20590. January 21, 2021. ACTION: Notice. Communications received by July 23, FOR FURTHER INFORMATION CONTACT: 2021 will be considered by FRA before Bohdan Baczara, Deputy Director, U.S. SUMMARY: The U.S. Department of the final action is taken. Comments received Department of Transportation, Office of Treasury’s Office of Foreign Assets after that date will be considered if Drug and Alcohol Policy and Control (OFAC) is publishing the names practicable. Compliance, 1200 New Jersey Avenue of one or more persons that have been SE, Washington, DC 20590; (202) 366– placed on OFAC’s Specially Designated Anyone can search the electronic 3784 (voice), (202) 366–3897 (fax), or Nationals and Blocked Persons List form of any written communications [email protected]. (SDN List) based on OFAC’s and comments received into any of our determination that one or more dockets by the name of the individual SUPPLEMENTARY INFORMATION: The applicable legal criteria were satisfied. submitting the comment (or signing the Department of Transportation (DOT) All property and interests in property document, if submitted on behalf of an issued a decision and order under the subject to U.S. jurisdiction of these association, business, labor union, etc.). Procedures for Transportation persons are blocked, and U.S. persons Under 5 U.S.C. 553(c), DOT solicits Workplace Drug and Alcohol Testing are generally prohibited from engaging comments from the public to better Programs excluding a service agent, in transactions with them. inform its processes. DOT posts these Mounir R. Khouri d/b/a Mobile Testing comments, without edit, including any Services, Inc., in Vermont and all other DATES: See Supplementary Information personal information the commenter places it is incorporated, franchised, or section for effective date(s). provides, to www.regulations.gov, as otherwise doing business, and all other FOR FURTHER INFORMATION CONTACT: described in the system of records individuals who are officers, employees, OFAC: Andrea Gacki, Director, tel.: notice (DOT/ALL–14 FDMS), which can directors, shareholders, partners, or 202–622–2490; Associate Director for be reviewed at https:// other individuals associated with Mr. Global Targeting, tel.: 202–622–2420; www.transportation.gov/privacy. See Khouri and Mobile Testing Services, Assistant Director for Licensing, tel.: also https://www.regulations.gov/ Inc., from providing drug and alcohol 202–622–2480; Assistant Director for privacy-notice for the privacy notice of testing services in any capacity to any Regulatory Affairs, tel.: 202–622–4855; regulations.gov. DOT-regulated employer for a period of or the Assistant Director for Sanctions 5 years. Mr. Khouri and his company Compliance & Evaluation, tel.: 202–622– Issued in Washington, DC. provided Medical Review Officer 2490. John Karl Alexy, services to DOT-regulated employers SUPPLEMENTARY INFORMATION: Associate Administrator for Railroad Safety, directly and through other service Chief Safety Officer. agents when Mr. Khouri was not Electronic Availability [FR Doc. 2021–11964 Filed 6–7–21; 8:45 am] qualified to act as a Medical Review The Specially Designated Nationals BILLING CODE 4910–06–P Officer. The 5-year period has ended and Blocked Persons List and additional
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information concerning OFAC sanctions Notice of OFAC Action(s) the following persons are blocked under programs are available on OFAC’s On June 2, 2021, OFAC determined the relevant sanctions authorities listed website (https://www.treasury.gov/ofac). that the property and interests in below. property subject to U.S. jurisdiction of BILLING CODE 4810–AL–P
Individuals:
1. BOJKOV, Vassil Kroumov (a.k.a. BOZHKOV, Vasil (Cyrillic: EO)I{KOB, BACMJI); a.k.a. "Cherepa"; a.k.a. "The Skull"), 79 Vassil Levski Blvd, Sofia 1000, Bulgaria; Dubai, United Arab Emirates; DOB 29 Jul 1956; POB Velingrad, Bulgaria; nationality Bulgaria; Gender Male; Passport 440210366 (Bulgaria) expires 23 Aug 2023; alt. Passport 385950465 (Bulgaria) expires 11 Apr 2024; National ID No. 647475973 (Bulgaria) (individual) [GLOMAG].
Designated pursuant to section l(a)(iii)(A)(l) of Executive Order 13818 of December 20, 2017, "Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption," 82 FR 60839, 3 CFR, 2018 Comp., p. 399, (E.O. 13818) for having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of corruption, including the misappropriation of state assets, the expropriation of private assets for personal gain, corruption related to government contracts or the extraction of natural resources, or bribery that is conducted by a foreign person.
2. PEEVSKI, Delyan Slavchev (Cyrillic: IIEEBCKM, ,[(emrn Cnaaqea), 7 Nezabravka Street, Floor 7, Ap. 28, Sofia 1113, Bulgaria; DOB 27 Jul 1980; POB Sofia, Bulgaria; nationality Bulgaria; Gender Male; Passport 383862880 (Bulgaria) expires 11 Mar 2021 (individual) [GLOMAG].
Designated pursuant to section l(a)(ii)(B)(l) ofE.O. 13818 for being a foreign person who is a current or former government official, or a person acting for or on behalf of such an official, who is responsible for or complicit in, or has directly or indirectly engaged in, corruption, including the misappropriation of state assets, the expropriation of private assets for personal gain, corruption related to government contracts or the extraction of natural resources, or bribery.
3. ZHELYAZKOV, Ilko Dimitrov (a.k.a. ZHELYAZKOV, Ilko Dmitrov), Bulgaria; DOB 08 Feb 1958; nationality Bulgaria; Gender Male (individual) [GLOMAG].
Designated pursuant to section l(a)(ii)(B)(l) ofE.O. 13818 for being a foreign person who is a current or former government official, or a person acting for or on behalf of such
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an official, who is responsible for or complicit in, or has directly or indirectly engaged in, corruption, including the misappropriation of state assets, the expropriation of private assets for personal gain, corruption related to government contracts or the extraction of natural resources, or bribery.
Entities:
1. DECART OOD (a.k.a. DEKART OOD), 2A Krakra Str., Oborishte Distr., Sofia, Stolichna 1504, Bulgaria; Organization Established Date 2003; V.A.T. Number BG 131122494 (Bulgaria) [GLOMAG] (Linked To: V ABO SYSTEMS EOOD).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, V ABO SYSTEMS EOOD, a person whose property and interests in property are blocked pursuant to this order.
2. DIGITAL SERVICES EAD, 43 Moskovska Str., R-N Oborishte Distr, Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2003; V.A.T. Number BG 131131080 (Bulgaria) [GLOMAG] (Linked To: BOJKOV, Vassil Kroumov).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, BOJKOV, Vassil Kroumov, a person whose property and interests in property are blocked pursuant to this order.
3. DOMINO GAMES OOD, 2EProf. PetarDzhidrov Str., R-N Studentski Distr, Sofia, Bulgaria; Organization Established Date 2014; V.A.T. Number BG 202884681 (Bulgaria) [GLOMAG] (Linked To: DECART OOD).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, DECART OOD, a person whose property and interests in property are blocked pursuant to this order.
4. EDE 2 EOOD, 43 Moskovska Str., Oborishte Distr., Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2002; V.A.T. Number BG 130855508 (Bulgaria) [GLOMAG] (Linked To: BOJKOV, Vassil Kroumov).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, BOJKOV, Vassil Kroumov, a person whose property and interests in property are blocked pursuant to this order.
5. EUROBET OOD (a.k.a. EUROBET LTD. (Cyrillic: EBPOEET-OO,Z:O), 48 Sitnyakovo blvd., Poduyane Distr., fl. 4, Sofia, Stolichna 1505, Bulgaria; Organization Established Date 1996; V.A.T. Number BG 121179290 (Bulgaria) [GLOMAG] (Linked To: EUROBET PARTNERS OOD).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly,
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EUROBET PARTNERS OOD, a person whose property and interests in property are blocked pursuant to this order.
6. EUROBET PARTNERS OOD, 43 Moskovska Str., Oborishte Distr., Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2016; Government Gazette Number 203950885 (Bulgaria) [GLOMAG] (Linked To: DIGITAL SERVICES EAD).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, DIGITAL SERVICES EAD, a person whose property and interests in property are blocked pursuant to this order.
7. EUROBET TRADING EOOD, 48 Sitnyakovo blvd., Poduyane Distr., fl.4, Sofia, Stolichna 1505, Bulgaria; Organization Established Date 2013; V.A.T. Number BG 202647305 (Bulgaria) [GLOMAG] (Linked To: EUROBET OOD).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, EUROBET OOD, a person whose property and interests in property are blocked pursuant to this order.
8. EUROFOOTBALL OOD (Cyrillic: EBPO«l>YTEOJI - 00):{) (a.k.a. EUROFOOTBALL LTD), 126, Tsar Boris Iiiti blvd., Krasno Selo Distr., Sofia, Stolichna 1612, Bulgaria; Organization Established Date 1993; V.A.T. Number BG 831036657 (Bulgaria) [GLOMAG] (Linked To: EUROSADRUZHIE OOD).
Designated pursuant to section l(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, EUROSADRUZHIE OOD, a person whose property and interests in property are blocked pursuant to this order.
9. EUROSADRUZHIE OOD (a.k.a. EUROSADRUZHIE LTD.; a.k.a. EUROSUDRUZHIE LTD.; a.k.a. EVROSADRUZHIE OOD; a.k.a. "EUROCOMPANYLTD."), 43 Moskovska Str., Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2002; V.A.T. Number BG 130855554 (Bulgaria) [GLOMAG] (Linked To: V ABO SYSTEMS EOOD).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, V ABO SYSTEMS EOOD, a person whose property and interests in property are blocked pursuant to this order.
10. GALENIT INVEST AD, 43 Moskovska Str., Oborishte Distr., Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2000; Government Gazette Number 130329006 (Bulgaria) [GLOMAG] (Linked To: BOJKOV, Vassil Kroumov).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, BOJKOV, Vassil Kroumov, a person whose property and interests in property are blocked pursuant to this order.
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11. LOTTERY DISTRIBUTIONS OOD (Cyrillic: JIOTEPH ro,ICTPlffiIOIIIoHC OOf];) (a.k.a. LOTTERY DISTRIBUTIONS LTD), 1 Koloman Str., Krasno selo Distr., Sofia, Stolichna 1618, Bulgaria; Organization Established Date 2004; Government Gazette Number 131251717 (Bulgaria) [GLOMAG] (Linked To: EUROSADRUZHIE OOD).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, EUROSADRUZHIE OOD, a person whose property and interests in property are blocked pursuant to this order.
12. MELIORA ACADEMICA EOOD (f.k.a. MELIORA AKADEMIKA), 2E Prof. P. Dzhidrov Str., Studentski Grad Distr., Sofia, Stolichna 1700, Bulgaria; Organization Established Date 2012; V.A.T. Number BG 202052161 (Bulgaria) [GLOMAG] (Linked To: DECART OOD).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, DECART OOD, a person whose property and interests in property are blocked pursuant to this order.
13. ML BUILD EAD (a.k.a. ML BILD EAD), 2A Krakra Str., Oborishte Distr., Sofia, Stolichna 1527, Bulgaria; Organization Established Date 2008; V.A.T. Number BG 200108841 (Bulgaria) [GLOMAG] (Linked To: DECART OOD).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, DECART OOD, a person whose property and interests in property are blocked pursuant to this order.
14. MOSTSTROY IZTOK AD (a.k.a. MOSTS TROY EAST AD), 3 Moskovska Str., Oborishte Distr., Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2009; Government Gazette Number 200112909 (Bulgaria) [GLOMAG] (Linked To: BOJKOV, Vassil Kroumov).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, BOJKOV, Vassil Kroumov, a person whose property and interests in property are blocked pursuant to this order.
15. NATIONAL LOTTERY AD (Cyrillic: H~OHAJIHA JIOTAPIUI M) (a.k.a. NATIONAL LOTTARY), 43 Moskovska Str., Oborishte Distr., Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2013; V.A.T. Number BG 204061981 (Bulgaria) [GLOMAG] (Linked To: NOVE DEVELOPMENT EOOD).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, NOVE DEVELOPMENT EOOD, a person whose property and interests in property are blocked pursuant to this order.
16. NATIONAL LOTTERY OOD (a.k.a. NATIONAL LOTTERIES LTD.), 1 Koloman Str., Krasno selo Distr., Sofia, Stolichna 1618, Bulgaria; Organization Established Date 2004;
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Government Gazette Number 131251674 (Bulgaria) [GLOMAG] (Linked To: EUROSADRUZHIE OOD).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, EUROSADRUZHIE OOD, a person whose property and interests in property are blocked pursuant to this order.
17. NOYE DEVELOPMENT EOOD, 43 Moskovska Str., R-N Oborishte Distr, Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2010; Government Gazette Number 201275656 (Bulgaria) [GLOMAG] (Linked To: NOYE INTERNAL EOOD).
Designated pursuant to section l(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, NOYE INTERNAL EOOD, a person whose property and interests in property are blocked pursuant to this order.
18. NOYE INTERNAL EOOD, 43 Moskovska Str., R-N Oborishte Distr, Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2007; V.A.T. Number BG 175382860 (Bulgaria) [GLOMAG] (Linked To: BOJKOV, Vassil Kroumov).
Designated pursuant to section l(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, BOJKOV, Vassil Kroumov, a person whose property and interests in property are blocked pursuant to this order.
19. NUMERICAL GAMES OOD (a.k.a. NUMERICAL GAMES LTD.), 1 Koloman Str., Sofia, Stolichna 1618, Bulgaria; Organization Established Date 2004; Government Gazette Number 131252477 (Bulgaria) [GLOMAG] (Linked To: EUROSADRUZHIE OOD).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, EUROSADRUZHIE OOD, a person whose property and interests in property are blocked pursuant to this order.
20. PROPERTY-VB OOD, 43 Moskovska Str., R-N Oborishte Distr, Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2006; Government Gazette Number 120598193 (Bulgaria) [GLOMAG] (Linked To: NOYE INTERNAL EOOD).
Designated pursuant to section l(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, NOYE INTERNAL EOOD, a person whose property and interests in property are blocked pursuant to this order.
21. REX LOTO AD (a.k.a. REX LOTTO AD), 8 Silistra, Oborishte Distr., Sofia 1504, Bulgaria; Organization Established Date 2006; Government Gazette Number 175010714 (Bulgaria) [GLOMAG] (Linked To: V ABO-2005 EOOD).
Designated pursuant to section l(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, V ABO-
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2005 EOOD person whose property and interests in property are blocked pursuant to this order.
22. TRANS NOVE OOD, 43 Moskovska Str., Oborishte Distr., Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2007; V.A.T. Number BG 175433597 (Bulgaria) [GLOMAG] (Linked To: NOVE INTERNAL EOOD).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, NOVE INTERNAL EOOD, a person whose property and interests in property are blocked pursuant to this order.
23. VABO SYSTEMS EOOD, 43 Moskovska Str., Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2008; V.A.T. Number BG 200431052 (Bulgaria) [GLOMAG] (Linked To: NOVE INTERNAL EOOD).
Designated pursuantto section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, NOVE INTERNAL EOOD, a person whose property and interests in property are blocked pursuant to this order.
24. V ABO-2005 EOOD (a.k.a. V ABO 2005 EOOD), 43 Moskovska, Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2005; V.A.T. Number BG 131502906 (Bulgaria) [GLOMAG] (Linked To: BOJKOV, Vassil Kroumov).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, BOJKOV, Vassil Kroumov, a person whose property and interests in property are blocked pursuant to this order.
25. VATO 2002 EOOD, 43 Moskovska Str., Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2002; Government Gazette Number 130839906 (Bulgaria) [GLOMAG] (Linked To: NOVE INTERNAL EOOD).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, NOVE INTERNAL EOOD, a person whose property and interests in property are blocked pursuant to this order.
26. ADLER BG AD, 126, Tsar Boris III Str./blvd., R-N Krasno Selo Distr, Sofia, Stolichna 1612, Bulgaria; Organization Established Date 2009; Government Gazette Number 200874603 (Bulgaria) [GLOMAG] (Linked To: NOVE INTERNAL EOOD).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, NOVE INTERNAL EOOD, a person whose property and interests in property are blocked pursuant to this order.
27. EFBET PARTNERS OOD, 43 Moskovska Str., R-N Oborishte Distr, Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2017; Government Gazette Number 204839749 (Bulgaria) [GLOMAG] (Linked To: NOVE INTERNAL EOOD).
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Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, NOVE INTERNAL EOOD, a person whose property and interests in property are blocked pursuant to this order.
28. EUROGROUP ENGINEERING EAD (a.k.a. EUROGROUP ENGINEERING AD), 43 Moskovska Str., R-N Oborishte Distr, Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2010; Government Gazette Number 201043177 (Bulgaria) [GLOMAG] (Linked To: BOJKOV, Vassil Kroumov).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, BOJKOV, Vassil Kroumov, a person whose property and interests in property are blocked pursuant to this order.
29. EVROBET - RUMANIA EOOD (a.k.a. EUROBET - ROMANIA EOOD), 63, Blvd. Shipchenski, Prohod Slatina Distr., Sofia, Stolichna 1574, Bulgaria; Organization Established Date 2010; Government Gazette Number 201220179 (Bulgaria) [GLOMAG] (Linked To: GAMES UNLIMITED OOD).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, GAMES UNLIMITED OOD, a person whose property and interests in property are blocked pursuant to this order.
30. GAMES UNLIMITED OOD, 43 Moskovska Str., Oborishte Distr., Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2013; Government Gazette Number 202621673 (Bulgaria) [GLOMAG] (Linked To: VB MANAGEMENT EOOD).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, VB MANAGEMENT EOOD, a person whose property and interests in property are blocked pursuant to this order.
31. INTERNEWS 98 OOD, 126, Tsar Boris III Str./blvd., R-N Krasno Sela Distr, Sofia, Stolichna 1612, Bulgaria; Organization Established Date 1998; V.A.T. Number BG 121584837 (Bulgaria) [GLOMAG] (Linked To: NOVE INTERNAL EOOD).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, NOVE INTERNAL EOOD, a person whose property and interests in property are blocked pursuant to this order.
32. LOTTERY BG OOD (a.k.a. LOTTERY BG LTD.), 43 Moskovska Str., Oborishte Distr., Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2014; Government Gazette Number 203018962 (Bulgaria) [GLOMAG] (Linked To: V ABO 2012 EOOD).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, V ABO
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2012 EOOD, a person whose property and interests in property are blocked pursuant to this order.
33. NOYE PARTNERS OOD, 43 Moskovska Str., Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2007; Government Gazette Number 175392527 (Bulgaria) [GLOMAG] (Linked To: NOYE INTERNAL EOOD).
Designated pursuant to section l(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, NOYE INTERNAL EOOD, a person whose property and interests in property are blocked pursuant to this order.
34. OLD GAMES EOOD, 14 Iskar Str., Oborishte Distr., Sofia, Bulgaria; Organization Established Date 2010; Government Gazette Number 201084124 (Bulgaria) [GLOMAG] (Linked To: GAMES UNLIMITED OOD).
Designated pursuant to section l(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, GAMES UNLIMITED OOD, a person whose property and interests in property are blocked pursuant to this order.
35. PRIM BG EAD, 126 Bui.Tsar Boris III Blvd., R-N Krasno Selo Distr, Sofia, Stolichna 1612, Bulgaria; Organization Established Date 2010; V.A.T. Number BG 201045769 (Bulgaria) [GLOMAG] (Linked To: BOJKOV, Vassil Kroumov).
Designated pursuant to section l(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, BOJKOV, Vassil Kroumov, a person whose property and interests in property are blocked pursuant to this order.
36. SIGURO EOOD, 43 Moskovska Str., R-N Oborishte Distr, Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2005; Government Gazette Number 131567042 (Bulgaria) [GLOMAG] (Linked To: EUROGROUP ENGINEERING EAD).
Designated pursuant to section l(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, EUROGROUP ENGINEERING EAD, a person whose property and interests in property are blocked pursuant to this order.
37. VABO COMPANYEOOD (a.k.a. VABO KAMPANIEOOD), 43 Moskovska Str., Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2012; Government Gazette Number 202066022 (Bulgaria) [GLOMAG] (Linked To: BOJKOV, Vassil Kroumov).
Designated pursuant to section l(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, BOJKOV, Vassil Kroumov, a person whose property and interests in property are blocked pursuant to this order.
3 8. V ABO 2008 EOOD, 43 Moskovska, Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2008; Government Gazette Number 200481087 (Bulgaria) [GLOMAG]
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(Linked To: BOJKOV, Vassil Kroumov).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, BOJKOV, Vassil Kroumov, a person whose property and interests in property are blocked pursuant to this order.
39. V ABO 2012 EOOD (a.k.a. V ABO 2012), 43 Moskovska Str., Oborishte Distr., Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2012; V.A.T. Number BG 201884835 (Bulgaria) [GLOMAG] (Linked To: BOJKOV, Vassil Kroumov).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, BOJKOV, Vassil Kroumov, a person whose property and interests in property are blocked pursuant to this order.
40. VABO 2017 OOD (a.k.a. VABO 2017 LTD.), 43 Moskovska Str., R-N Oborishte Distr, Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2017; V.A. T. Number BG 204811027 (Bulgaria) [GLOMAG] (Linked To: V ABO 2012 EOOD).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, V ABO 2012 EOOD, a person whose property and interests in property are blocked pursuant to this order.
41. V ABO MANAGEMENT EOOD, 43 Moskovska Str., Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2012; Government Gazette Number 201884908 (Bulgaria) [GLOMAG] (Linked To: BOJKOV, Vassil Kroumov).
Designated pursuant to section 1(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, BOJKOV, Vassil Kroumov, person whose property and interests in property are blocked pursuant to this order.
42. VB MANAGEMENT EOOD, 43 Moskovska Str., Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2012; Government Gazette Number 202080417 (Bulgaria) [GLOMAG] (Linked To: BOJKOV, Vassil Kroumov).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, BOJKOV, Vassil Kroumov, a person whose property and interests in property are blocked pursuant to this order.
43. VERTEX PROPERTIES EOOD (a.k.a. VERTEX IMOTI EOOD), 126 Tsar Boris III Str./blvd., R-N Krasno Selo Distr, Sofia, Stolichna 1612, Bulgaria; Organization Established Date 2007; Government Gazette Number 175387373 (Bulgaria) [GLOMAG] (Linked To: BOJKOV, Vassil Kroumov).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly,
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BOJKOV, Vassil Kroumov, a person whose property and interests in property are blocked pursuant to this order.
44. VIHROGONIKA AD, 43 Moskovska Str., R-N Oborishte Distr, Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2016; Government Gazette Number 203892599 (Bulgaria) [GLOMAG] (Linked To: V ABO MANAGEMENT EOOD).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, V ABO MANAGEMENT EOOD, a person whose property and interests in property are blocked pursuant to this order.
45. ANCIENT HERITAGE AD (Cyrillic: AHTWIHO HACJIE~CTBO -Aro, 105, Tsarigradsko shose str., Slatina Distr., Sofia, Stolichna 1113, Bulgaria; Organization Established Date 2011; V.A.T. NumberBG201673717 (Bulgaria) [GLOMAG] (Linked To: THRACE FOUNDATION).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, THRACE FOUNDATION, a person whose property and interests in property are blocked pursuant to this order.
46. BUL PARTNERS TRAVEL OOD (Cyrillic: EYJI IIAPTHEPC TP ABEJI- OO~), 4, Trapezitsa, Sofia, Stolichna 1000, Bulgaria; Organization Established Date 1997; V.A.T. Number BG 121211051 (Bulgaria) [GLOMAG] (Linked To: BOJKOV, Vassil Kroumov).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, BOJKOV, Vassil Kroumov, a person whose property and interests in property are blocked pursuant to this order.
47. BULGARIAN SUMMER, Bulgaria; Organization Established Date Jan 2021; Organization Type: Activities of political organizations [GLOMAG] (Linked To: BOJKOV, Vassil Kroumov).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, BOJKOV, Vassil Kroumov, a person whose property and interests in property are blocked pursuant to this order.
48. BULLET TRADE OOD (a.k.a. "BULIT TRADE LTD"), 43 Moskovska Str., R-N Oborishte Distr, Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2001; Government Gazette Number 121457476 (Bulgaria) [GLOMAG] (Linked To: BOJKOV, Vassil Kroumov).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, BOJKOV, Vassil Kroumov, a person whose property and interests in property are blocked pursuant to this order.
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49. CARITEX LUCKY AD (a.k.a. "KARITEKS LAKI AD"), 14, Iskar str., Oborishte Distr., Sofia, Stolichna 1000, Bulgaria; Organization Established Date 1998; V.A.T. Number BG 121633825 (Bulgaria) [GLOMAG] (Linked To: BOJKOV, Vassil Kroumov).
Designated pursuant to section l(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, BOJKOV, Vassil Kroumov, a person whose property and interests in property are blocked pursuant to this order.
50. CSKA BASKETBALL CLUB (Cyrillic: EACKETEOJIEH KJIYE IJ;CKA) (a.k.a. PROFESIONALEN BASKETBOLEN KLUB TSSKA 48 AD; a.k.a. PROFESSIONAL BASKETBALL CLUB-CSKA-48 AD), Bul. Dragan Tsankov, N3, Stadion-Tsska, Sofia 1164, Bulgaria; Organization Established Date 2003; V.A. T. Number BG 131083632 (Bulgaria) [GLOMAG] (Linked To: NOYE-AD-HOLDING AD).
Designated pursuant to section l(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, NOVE AD-HOLDING AD, a person whose property and interests in property are blocked pursuant to this order.
51. KRISTIANO GR 53 JSC AD, 43 Moskovska Str., Oborishte Distr., Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2017; Government Gazette Number 204642716 (Bulgaria) [GLOMAG] (Linked To: BOJKOV, Vassil Kroumov).
Designated pursuant to section l(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, BOJKOV, Vassil Kroumov, a person whose property and interests in property are blocked pursuant to this order.
52. NOYE-AD-HOLDING AD (Cyrillic: HOBE-A)];-XOJIAID-If - A.ll;), 43 Moskovsa, Oborishte Distr., Sofia 1000, Bulgaria; Organization Established Date 1991; V.A. T. Number BG 121024920 (Bulgaria) [GLOMAG] (Linked To: BOJKOV, Vassil Kroumov).
Designated pursuant to section l(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, BOJKOV, Vassil Kroumov, a person whose property and interests in property are blocked pursuant to this order.
53. PARKSTROY-SOFIA OOD (Cyrillic: IIAPKCTPOH-CO
Designated pursuant to section l(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, NOVE AD-HOLDING AD, a person whose property and interests in property are blocked pursuant to this order.
54. PUBLISHING HOUSE SPORT LTD (a.k.a. "PUBLISHUNG HOUSE SPORT OOD"), sektor V Natsionalen Stadion V. Levski, Distr. Sredets Distr, Sofia, Bulgaria;
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Organization Established Date 1993; Government Gazette Number 831134806 (Bulgaria) [GLOMAG] (Linked To: NOYE-AD-HOLDING AD).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, NOYE AD-HOLDING AD, a person whose property and interests in property are blocked pursuant to this order.
55. SIZIF V OOD, Nadezhda 1 Distr., Sofia, Bulgaria; Organization Established Date 1996; V.A.T. Number BG 121136410 (Bulgaria) [GLOMAG] (Linked To: BOJKOV, Vassil Kroumov).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, BOJKOV, Vassil Kroumov, a person whose property and interests in property are blocked pursuant to this order.
56. THRACE FOUNDATION, 43 Moskovska Str., R-N Oborishte Distr, Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2004; Government Gazette Number 131258494 (Bulgaria) [GLOMAG] (Linked To: BOJKOV, Vassil Kroumov).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, BOJKOV, Vassil Kroumov, a person whose property and interests in property are blocked pursuant to this order.
57. TRAKIA-PAPIR 96 OOD (a.k.a. "TRAKIA-PAPER 96 OOD"), 9 lskar, Oborishte Distr, Sofia, Bulgaria; Organization Established Date 1996; Government Gazette Number 121220666 (Bulgaria) [GLOMAG] (Linked To: NOYE-AD-HOLDING AD).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, NOYE AD-HOLDING AD, a person whose property and interests in property are blocked pursuant to this order.
58. V ABO INTERNAL AD, 43 Moskovska Str., R-N Oborishte Distr, Sofia, Stolichna 1000, Bulgaria; Organization Established Date 2017; Government Gazette Number 204682034 (Bulgaria) [GLOMAG] (Linked To: BOJKOV, Vassil Kroumov).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, BOJKOV, Vassil Kroumov, a person whose property and interests in property are blocked pursuant to this order.
59. BM SYSTEMS EAD, 119 Ekzarh Yosif Str., Oborishte Distr., Sofia 1527, Bulgaria; Organization Established Date 2007; Registration Number 131382912 (Bulgaria) [GLOMAG] (Linked To: INTRUST PLC EAD).
Designated pursuant to section l(a)(iii)(B) ofE.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly,
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INTRUST PLC EAD, a person whose property and interests in property are blocked pursuant to this order.
60. INT INVEST EOOD, 119 Ekzarh Yosif Str., Oborishte Distr., Sofia 1527, Bulgaria; 79, Ralevitsa Str., Vitosha Distr., Sofia, Stolichna 1618, Bulgaria; Organization Established Date 2019; V.A.T. Number BG 205535941 (Bulgaria) [GLOMAG] (Linked To: INTRUST PLC EAD).
Designated pursuant to section l(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, INTRUST PLC EAD, a person whose property and interests in property are blocked pursuant to this order.
61. INT LTD EOOD, 119 Ul. Ekzarh Yosif Str., R-N Oborishte Distr, Sofia 1527, Bulgaria; 79, Ralevitsa Str., Vitosha Distr., Sofia, Stolichna 1618, Bulgaria; Organization Established Date 2017; V.A.T. Number BG 204589523 (Bulgaria) [GLOMAG] (Linked To: PEEVSKI, Delyan Slavchev).
Designated pursuant to section l(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, PEEVSKI, Delyan Slavchev, a person whose property and interests in property are blocked pursuant to this order.
62. INTRUST PLC EAD (a.k.a. INTRUST EAD), 119 Ekzarh Yosif Str., R-N Oborishte Distr, Sofia 1527, Bulgaria; 79, Ralevitsa Str., VitoshaDistr., Sofia, Stolichna 1618, Bulgaria; Organization Established Date 2017; Legal Entity Number 485100GBI2SE0KIX8T70; Registration Number 204589733 (Bulgaria) [GLOMAG] (Linked To: PEEVSKI, Delyan Slavchev).
Designated pursuant to section l(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, PEEVSKI, Delyan Slavchev, a person whose property and interests in property are blocked pursuant to this order.
63. INTTRAFIK EOOD (a.k.a. INTTRAFFIC EOOD), 119 Ekzarh Yosif Str., Oborishte Distr., Sofia 1527, Bulgaria; 102, Balgaria blvd., Vitosha Distr., Apt. 59, Sofia, Stolichna 1618, Bulgaria; Organization Established Date 2018; V.A.T. Number BG 205244843 (Bulgaria) [GLOMAG] (Linked To: INTRUST PLC EAD).
Designated pursuant to section l(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, INTRUST PLC EAD, a person whose property and interests in property are blocked pursuant to this order.
64. REAL ESTATES INT LTD EOOD, 119 Ul. Ekzarh Yosif Str., R-N Oborishte Distr., Sofia 1527, Bulgaria; 79, Ralevitsa Str., VitoshaDistr., Sofia, Stolichna 1618, Bulgaria; Organization Established Date 2018; V.A.T. Number BG 204930572 (Bulgaria) [GLOMAG] (Linked To: INTRUST PLC EAD).
Designated pursuant to section l(a)(iii)(B) of E.O. 13818 for being owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly,
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INTRUST PLC EAD, a person whose property and interests in property are blocked pursuant to this order.
Dated: June 2, 2021. Dated: June 2, 2021. For members of the public interested Bradley T. Smith, John Lipold, in listening in to the provided call Acting Director, Office of Foreign Assets Designated Federal Official Branch Chief, number, this is a reminder that the Control. National Public Liaison. public attendance is for listening [FR Doc. 2021–11897 Filed 6–7–21; 8:45 am] [FR Doc. 2021–11913 Filed 6–7–21; 8:45 am] purposes only. Any member of the public interested in submitting matters BILLING CODE 4810–AL–C BILLING CODE 4830–01–P for the CCAC’s consideration is invited to submit them by email to info@ DEPARTMENT OF THE TREASURY DEPARTMENT OF THE TREASURY ccac.gov. For Accommodation Request: If you Internal Revenue Service United States Mint need an accommodation to listen to the CCAC meeting, please contact the Notification of Citizens Coinage Electronic Tax Administration Diversity Management and Civil Rights Advisory Committee June 15–16, 2021, Advisory Committee (ETAAC); Notice Office by June 9, 2021 at 202–354–7260 Public Meeting of Virtual Public Meeting or 1–888–646–8369 (TYY). ACTION: Notice of meeting. FOR FURTHER INFORMATION CONTACT: AGENCY: Internal Revenue Service (IRS), Jennifer Warren, United States Mint Treasury. Pursuant to United States Code, Title Liaison to the CCAC; 801 9th Street NW; 31, section 5135(b)(8)(C), the United Washington, DC 20220; or call 202–354– ACTION: Notice of meeting. States Mint announces the Citizens 7208. Coinage Advisory Committee (CCAC) (Authority: 31 U.S.C. 5135(b)(8)(C)) SUMMARY: The Electronic Tax teleconference public meeting Administration Advisory Committee scheduled for June 15–16, 2021. Eric Anderson, (ETAAC) will hold a virtual public Date: June 15, 2021 and June 16, 2021. Executive Secretary, United States Mint. meeting on Wednesday, June 23, 2021. Time: 12:30–4:30 p.m. (ET) on June [FR Doc. 2021–11936 Filed 6–7–21; 8:45 am] 15, 2021, and 10:00 a.m.–4:15 p.m. (ET) FOR FURTHER INFORMATION CONTACT: Mr. BILLING CODE P on June 16, 2021. Sean Parman, Office of National Public Location: This meeting will occur via Liaison, at (202) 317–6247, or send an teleconference. Interested members of email to [email protected]. DEPARTMENT OF VETERANS the public may dial in to listen to the AFFAIRS SUPPLEMENTARY INFORMATION: Notice is meeting at (888) 330–1716; Access hereby given pursuant to section Code: 1137147. Advisory Committee: VA National 10(a)(2) of the Federal Advisory Subject: Review and discussion of the Academic Affiliations Council, Notice Committee Act, 5 U.S.C. App. (1988), obverse and reverse candidate designs of Meeting that a virtual public meeting of the for the 2022 Negro Leagues Baseball ETAAC will be held on Wednesday, Commemorative Coin (Pub. L. 116–209); The Department of Veterans Affairs June 23, 2021 from 9:00 a.m. to 11:00 obverse and reverse candidate designs (VA) gives notice under the Federal a.m. EDT. The purpose of the ETAAC is for the Merrill’s Marauders Advisory Committee Act that, 5 U.S.C. App. 2, the VA National Academic to provide continuing advice regarding Congressional Gold Medal (Pub. L. 116– Affiliations Council (Council) will meet the development and implementation of 170); obverse and reverse candidate via conference call on July 15, from 1:00 the IRS organizational strategy for designs for the 2022 Purple Heart Hall of Honor Commemorative Coin (Pub. L. p.m. to 3:00 p.m. EST. The meeting is electronic tax administration. ETAAC is 116–247); and candidate designs for the open to the public. an organized public forum for 2022 American Women Quarters (Pub. The purpose of the Council is to discussion of electronic tax L. 116–330). advise the Secretary on matters affecting administration issues such as Interested persons should call the partnerships between VA and its prevention of identity theft and refund CCAC HOTLINE at (202) 354–7502 for academic affiliates. fraud. It supports the overriding goal the latest update on meeting time and On July 15, 2021, the Council will that paperless filing should be the access information. receive a report on the recently held VA preferred and most convenient method The CCAC advises the Secretary of the Minority Summit; discussion on of filing tax and information returns. Treasury on any theme or design research priorities and relationships; ETAAC members convey the public’s proposals relating to circulating coinage, and status of VA’s Electronic Health perceptions of IRS electronic tax bullion coinage, Congressional Gold Record implementation. The Council administration activities, offer Medals, and national and other medals; will receive public comments from 2:50 constructive observations about current advises the Secretary of the Treasury p.m. to 2:55 p.m. EST. or proposed policies, programs, and with regard to the events, persons, or Interested persons may attend and/or procedures, and suggest improvements. places to be commemorated by the present oral statements to the Council. Please call or email Sean Parman to issuance of commemorative coins in The dial in number to attend the confirm your attendance. Mr. Parman each of the five calendar years conference call is: 669–254–5252. At the can be reached at 202–317–6247 or succeeding the year in which a prompt, enter meeting ID 161 174 4403, [email protected]. Should you wish commemorative coin designation is then press #. The meeting passcode is the ETAAC to consider a written made; and makes recommendations 590228, then press #. Individuals statement, please call 202–317–6247 or with respect to the mintage level for any seeking to present oral statements are email: [email protected]. commemorative coin recommended. invited to submit a 1–2 page summary
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of their comments at the time of the any time, by email to Larissa.Emory@ contact Ms. Emory via email or by meeting for inclusion in the official va.gov or by mail to Larissa A. Emory phone at (915) 269–0465. meeting record. Oral presentations will PMP, CBP, MS, Designated Federal Dated: June 2, 2021. be limited to five minutes or less, Officer, Office of Academic Affiliations Jelessa M. Burney, depending on the number of (14AA), 810 Vermont Avenue NW, Federal Advisory Committee Management participants. Interested parties may also Washington, DC 20420. Any member of Officer. provide written comments for review by the public wishing to participate or [FR Doc. 2021–11914 Filed 6–7–21; 8:45 am] the Council prior to the meeting or at seeking additional information should BILLING CODE P
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Reader Aids Federal Register Vol. 86, No. 108 Tuesday, June 8, 2021
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE
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. 15 CFR Presidential Documents 2 CFR 732...... 29189 Executive orders and proclamations 741–6000 1000...... 29483 734...... 29189 The United States Government Manual 741–6000 3 CFR 744...... 29190 Other Services Proclamations: 16 CFR Electronic and on-line services (voice) 741–6020 10218...... 29925 Proposed Rules: Privacy Act Compilation 741–6050 10219...... 29929 305...... 29533 10220...... 30131 ELECTRONIC RESEARCH 10221...... 30133 17 CFR 10222...... 30135 World Wide Web 10223...... 30137 242...... 29195 10224...... 30139 18 CFR Full text of the daily Federal Register, CFR and other publications 10225...... 30141 is located at: www.govinfo.gov. 10226...... 30143 37...... 29491 Federal Register information and research tools, including Public Executive Orders: 38...... 29491 Inspection List and electronic text are located at: 13959 (partially 154...... 29503 www.federalregister.gov. superseded and 260...... 29503 amended by 284...... 29503 E-mail 14026) ...... 30145 21 CFR FEDREGTOC (Daily Federal Register Table of Contents Electronic 13974 (revoked by Mailing List) is an open e-mail service that provides subscribers 14032) ...... 30145 1308...... 29506 with a digital form of the Federal Register Table of Contents. The 14031...... 29675 1310...... 30169 14032...... 30145 digital form of the Federal Register Table of Contents includes 22 CFR HTML and PDF links to the full text of each document. Administrative Orders: Orders: 121...... 29196 To join or leave, go to https://public.govdelivery.com/accounts/ 123...... 29196 USGPOOFR/subscriber/new, enter your email address, then Order of May 28, 2021 ...... 29927 124...... 29196 follow the instructions to join, leave, or manage your 126...... 29196 subscription. 5 CFR 129...... 29196 PENS (Public Law Electronic Notification Service) is an e-mail 335...... 30375 306...... 30169 service that notifies subscribers of recently enacted laws. Ch. CII ...... 29931 29 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html and select Join or leave the list (or change settings); then follow 10 CFR 1473...... 29196 the instructions. Ch. I ...... 29683 30 CFR FEDREGTOC and PENS are mailing lists only. We cannot 34...... 29173 723...... 29509 respond to specific inquiries. 1061...... 29932 Proposed Rules: 724...... 29509 Reference questions. Send questions and comments about the 429...... 29888 845...... 29509 Federal Register system to: [email protected] 430 ...... 29704, 29888, 29954, 846...... 29509 The Federal Register staff cannot interpret specific documents or 29964 Proposed Rules: regulations. 917...... 29709 12 CFR 31 CFR FEDERAL REGISTER PAGES AND DATE, JUNE 204...... 29937 1026...... 29685 525...... 29197 29173–29482...... 1 29483–29674...... 2 14 CFR 33 CFR 29675–29928...... 3 39 ...... 29176, 29178, 29181, 100...... 29691 29929–30130...... 4 29183, 29185, 29187, 29483, 117...... 29204 30131–30374...... 7 29486, 29939, 29942, 29944, 165...... 30178, 30180 30375–30532...... 8 30151, 30153, 30155, 30158, Proposed Rules: 30162, 30380, 30383 100 ...... 29711, 30221, 30224 71 ...... 29488, 29489, 29946, 165 ...... 29725, 29727, 30228, 30164, 30165, 30167, 30168 30230 73...... 29687 97...... 29688, 29690 38 CFR Proposed Rules: 5...... 30182 39 ...... 29212, 29216, 29705, 29707, 30216, 30218, 30395, 39 CFR 30398 Proposed Rules: 71 ...... 29530, 29531, 29967, 20...... 29732 29969, 30399 111...... 29734
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40 CFR Proposed Rules: 45 CFR 49 CFR 52 ...... 29219, 29222, 29227, 9 ...... 30184, 30190, 30196 1225...... 30169 107...... 29528 30232, 30234 30...... 29515 121...... 29541 Proposed Rules: 51...... 29948 174...... 29229 47 CFR 1180...... 30243 52 ...... 29205, 29517, 29520, 180...... 29229 29948, 29949, 30201, 30387 1...... 30389 261...... 30237 78...... 29948 27...... 30389 50 CFR 81...... 29522, 30204 54...... 30391 622...... 29209, 30393 97...... 29948 42 CFR 64...... 29952 660...... 29210 141...... 29526 405...... 29526 73...... 29702 Proposed Rules: 180...... 29694, 30206 417...... 29526 Proposed Rules: 17...... 29432, 29975 271...... 29207 422...... 29526 1...... 29735 18...... 29364 372...... 29698 423...... 29526 2...... 29735 219...... 30080 721 ...... 30184, 30190, 30196, 455...... 29526 27...... 29735 660...... 29544 30210 460...... 29526 64...... 29969 679...... 29977
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